NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[33 Pa.B. 1687]

   The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). Protests should indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant, on or before April 21, 2003. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.

   A-00119631. Duron Herman Johnson (P. O. Box 2744, Cinnaminson, NJ 08077)--persons in paratransit service, from points in the City and County of Philadelphia, to all State correctional institutions located in Pennsylvania, and return.

   A-00108126, Folder 2. Vintage Limousine Service, Inc. (4397 Twin Oaks Drive, Murrysville, Westmoreland County, PA 15668), a Delaware corporation--persons in group and party service, using vehicles with a seating capacity of 15 passengers or less, including the driver, between points in the County of Westmoreland, and from points in the Counties of Allegheny and Westmoreland, to points in Pennsylvania, and return. Attorney: William A. Gray, 2310 Grant Bldg., 310 Grant Street, Pittsburgh, PA 15219.

Application of the following for approval to begin operating as contract carriers for transportation of persons as described under the application.

   A-00119636. Executive Protection Services, Inc. (501 Davis Avenue, Linwood, NJ 08221), a corporation of the State of New Jersey--persons for Cigna and Ace Ina, between points in Pennsylvania. Attorney: Richard T. Mulcahey, Jr., Two Penn Center--Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1890.

Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under this application.

   A-00118512, Folder 1, Am-A. Restaurant Valet, LLC (459 Carpenters Cove Lane, Downingtown, Chester County, PA 19335), a limited liability company of the Commonwealth, persons in paratransit service, between points in the Township of Uwchlan, Chester County, and within an airline distance of 20 statute miles of the limits thereof: So As To Permit the transportation of persons in paratransit service, between points in the Township of Uwchlan, Chester County, and within an airline distance of 5 statute miles of the limits thereof. Attorney: Christopher P. Gerber, 941 Pottstown Pike, P. O. Box 630, Exton, PA 19341.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under the application.

   A-00119629. Adnan Alawi and Chafik AL Sirawan, Copartners (5916 Torresdale Avenue, P. O. Box 17738, City and County of Philadelphia, PA 19135)--persons in airport transfer service, from points in the City and County of Philadelphia, to the Philadelphia International Airport, in the City and County of Philadelphia and the Township of Tinicum, Delaware County; which is to be a transfer of all the rights at A-00119629 to Maxi Taxi, Inc., subject to the same limitations and conditions.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as contract carriers for the transportation of household goods as described under the application.

   A-00119632 Dale W. Kilgariff (201 East Roland Road, Parkside, Delaware County, PA 19015)--household goods in use, between points in the Counties of Delaware and Chester, and from points in said counties, to points in Pennsylvania, and vice versa.

Complaint

March 17, 2003
A-00010363C0101

   A-00010363
Fs. 1, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16

DELAWARE VALLEY TRANSPORTATION COMPANY
T/A POCONO MOUNTAIN TRAILS
PO BOX W
BLAIRSTOWN NJ 07825

Re:  Delaware Valley Transportation Company, t/a Pocono Mountain Trails

Dear Respondent:

   On May 24, 2001, the Bureau of Transportation and Safety instituted a Complaint against Delaware Valley Transportation Company, t/a Pocono Mountain Trails, respondent, alleging failure to pay outstanding assessments of $16, a violation of the Public Utility Code at 66 Pa.C.S. § 510(c).

   In accordance with 52 Pa. Code § 5.61, the Notice of the Complaint notified respondent that it must file an Answer to the Complaint within twenty (20) days of the date of service. The Notice further specified that, if respondent failed to answer the Complaint within twenty (20) days, the Bureau of Transportation and Safety would request the Commission to cancel respondent's Certificate of Public Convenience, direct the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations and notify the Pennsylvania Department of Revenue and respondent's insurance carriers that respondent's Certificate is revoked.

   The Complaint was published on February 15, 2003 in the Pennsylvania Bulletin. To date, more than twenty (20) days later, respondent has failed to file an Answer to the Complaint.

   Therefore, the allegations in the Complaint are deemed to be admitted. The Complaint is hereby sustained and the Certificate of Public Convenience, issued to respondent at A-00010363, Fs. 1, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 is hereby canceled.

   Furthermore, this Commission will put an administrative hold on respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.

   This Secretarial Cancellation Letter will also be served on:

      The Department of Revenue
      Bureau of Audit Programs
      Sales and Use Taxes
      Tenth Floor, Strawberry Square
      Harrisburg, PA 17128-1061

and on respondent's insurance carriers:

      Clarendon National Insurance Company
      1177 Avenue of Americas
      New York, NY 10036

   Additionally, respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 1.1 et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1 et seq. In view of the cancellation of respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.

   Respondent may, in accordance with the provisions of 52 Pa. Code § 5.41(a) and 1 Pa. Code § 35.17, file a Petition for Reinstatement of its Certificate of Public Convenience for good cause. Said Petition shall be filed with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

James J. McNulty   
Secretary

Complaint

March 18, 2003

THOMAS NOVAK
T/A LEE S MOVING
1950 HAMILTON STREET
ALLENTOWN PA 18102

In re:  Pennsylvania Public Utility Commission
               v.
         Thomas Novak, t/a Lee's Moving
         C-20016179

Dear Respondent:

   On September 28, 2001, the Bureau of Transportation and Safety instituted a complaint against Thomas Novak, t/a Lee's Moving, respondent, alleging:

''That respondent's employee, on August 21, 2001, held out to provide transportation by giving an estimate to Enforcement Officer Ronald Schreibeck to move three rooms of furniture from Allentown to Bethlehem, Pennsylvania. Respondent quoted a price of two men at a rate of $65 per hour. When asked if respondent would supply the driver as a third man the rate went up to $75 per hour and it a fourth man is needed, it would be $85 per hour. Respondent was warned in June 1998 that he could not provide transportation of household goods.

That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent held himself out to provide transportation of household goods for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission. Penalty is $500.''

   Respondent was duly notified that, if an answer was not filed within twenty (20) days of receipt of the complaint, the penalty would be imposed.

   The complaint and notice were published in the Pennsylvania Bulletin on December 8, 2001; and, more than thirty (30) days later, no response has been received from respondent.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained.

   Respondent, within twenty (20) days from the date of service of this letter, shall pay a fine of five hundred dollars ($500) by certified check or money order payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, shall cease and desist from further violation of the Public Utility Code, 66 Pa.C.S. § 1101, et seq., and the Regulations of this Commission, 52 Pa. Code §§ 1.1, et seq.

James J. McNulty   
Secretary

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. American Trans-Freight, Inc.; Doc. No. A-00099350C02

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That American Trans-Freight, Inc., respondent, maintains its principal place of business at P. O.  Box 299, 1801 S. Pennsylvania Avenue, Morrisville, PA 19067.

   2.  That respondent was issued a certificate of public convenience by this Commission on February 12, 1983, at Docket No. A-00099350.

   3.  That, on September 10, 2002, respondent was sent an initial assessment of $2,211. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $2,211.

   4.  That respondent has an outstanding assessment of $2,211.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   WHEREFORE, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes an additional fine on the respondent.

                     Respectfully submitted,
 
                     Michael E. Hoffman, Director
                     Bureau of Transportation and Safety
                     P. O. Box 3265
                     Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ______

_________________
Michael E. Hoffman, Director

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

         Administrative Services, Attention Steve Reed
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Debarto, Louis J. T/A Flood City Limousine Service; Doc. No. A-00112321C02

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That Debarto, Louis J., T/A Flood City Limousine Service, respondent, maintains his principal place of business at 129 Jaycee Drive, Johnstown, PA 15904.

   2.  That respondent was issued a certificate of public convenience by this Commission on April 11, 1996, at Docket No. A-00112321.

   3.  That, on September 10, 2002, respondent was sent an initial assessment of $270. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $270.

   4.  That respondent has an outstanding assessment of $270. Furthermore, respondent does not have current evidence of insurance on file with this Commission.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   7.  That respondent, by failing to maintain evidence of insurance on file with this commission, violated 52 Pa. Code §§ 32.2 and 32.11.

   WHEREFORE, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes an additional fine on the respondent.

                     Respectfully submitted,
 
                     Michael E. Hoffman, Director
                     Bureau of Transportation and Safety
                     P. O. Box 3265
                     Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ______

_________________
Michael E. Hoffman, Director

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

         Administrative Services, Attention Steve Reed
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Jimmy's Transport, LTD.; Doc. No. A-00109490C02

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That Jimmy's Transport, LTD., respondent, maintains its principal place of business at 205 West Lancaster Avenue, Wayne, PA 19087.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 30, 1991, at Docket No. A-00109490.

   3.  That, on September 10, 2002, respondent was sent an initial assessment of $791. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $791.

   4.  That respondent has an outstanding assessment of $791.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   WHEREFORE, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes an additional fine on the respondent.

                     Respectfully submitted,
 
                     Michael E. Hoffman, Director
                     Bureau of Transportation and Safety
                     P. O. Box 3265
                     Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subjectto the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ______

_________________
Michael E. Hoffman, Director

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

         Administrative Services, Attention Steve Reed
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

Complaint

Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Mark E. Singer t/a Singer Trucking; Doc. No. A-00114572C02; A-00114572

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That Mark E. Singer, t/a Singer Trucking, respondent, maintains his principal place of business at 208 East Howard Avenue, Altoona, PA 16601.

   2.  That respondent was issued a certificate of public convenience by this Commission on March 11, 1998, at Application Docket No. A-00114572.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00114572.

                     Respectfully submitted,
 
                     Michael E. Hoffman, Director
                     Bureau of Transportation and Safety
                     P. O. Box 3265
                     Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ______

_________________
Michael E. Hoffman, Director

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date, as indicated at the top of the Secretarial Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  If you file an answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at 717-787-1168.

Complaint

Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. McDonald Trucking Company, Inc.; Doc. No. A-00100329C02; A-00100329

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That McDonald Trucking Company, Inc., respondent, maintains its principal place of business at Star Route, Box 53, Curwensville, PA 16833.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 21, 1977, at Application Docket No. A-00100329.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00100329.

                     Respectfully submitted,
 
                     Michael E. Hoffman, Director
                     Bureau of Transportation and Safety
                     P. O. Box 3265
                     Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ______

_________________
Michael E. Hoffman, Director

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date, as indicated at the top of the Secretarial Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  If you file an answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at 717-787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 03-598. Filed for public inspection March 28, 2003, 9:00 a.m.]

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