NOTICES
Service of Notice of Motor Carrier Applications
[33 Pa.B. 4141] 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). A protest shall 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 by September 8, 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-00120004. Vernon A. Stoltzfus (12 Walnut Drive, Kirkwood, Lancaster County, PA 17566)--persons in paratransit service, between points in the County of Lancaster, and that portion of the County of Chester on and west of US Highway Route 10, and from points in said territory, to points in Pennsylvania, and return, limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles. Attorney: Neil L. Albert, 22 South Duke Street, Lancaster, PA 17602.
A-00120005. Franklin R. Little (983 Dry Wells Road, Quarryville, Lancaster County, PA 17566)--persons in paratransit service, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return, limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles.
A-00120009. Elizabeth Lewis t/d/b/a Lewis Transportation (301 Hillside Drive, Moscow, Lackawanna County, PA 18444)--persons, in paratransit service, between points in the Counties of Lackawanna, Wayne, Luzerne and Monroe.
A-00120011. Samuel D. Sims., Sr. (P. O. Box 13116, Reading, Berks County, PA 19612)--persons, upon call or demand, in the City of Reading, the Township of Muhlenberg and the Boroughs of Temple and Laureldale, all located in Berks County.
A-00120014. Frank Stoner Weidman (404 Bell Road, Christiana, Lancaster County, PA 17509)--persons, in paratransit service, between points in the Counties of Lancaster and Chester, and from points in said counties, to points in Pennsylvania, and return, limited to persons whose personal convictions prevent them from owning or operating motor vehicles.
A-00120012. Nagi Transportation, Inc. (1405 W. Pike Street, City and County of Philadelphia, PA 19140), a corporation of the Commonwealth--persons, in limousine service, between points in the City and County of Philadelphia and the Counties of Bucks, Montgomery and Delaware, and from points in said territory, to points in Pennsylvania, and return.
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-00096707, F.2. Premium Transportation Co. (6409 North 12th Street, Philadelphia, PA 19126), a corporation of the Commonwealth--household goods in use, between points in the Counties of Montgomery and Philadelphia, and from points in said counties, to points in Pennsylvania, and vice versa.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under the application.
A-00114103, Folder 2. John R. Stauffer t/d/b/a Stauffer Enterprise (82 Heyberger Road, Quarryville, Lancaster County, PA 17566)--persons, in paratransit service, between points in the Counties of Lancaster and Lebanon, and from points in said counties, to points in Pennsylvania, and return, limited to persons whose personal convictions prevent them from owning or operating motor vehicles.
Applications 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 each application.
A-00120017. YCG Acquisition Corporation t/d/b/a Yellow Cab of Greensburg (4 River Road, McKees Rocks, Allegheny County, PA 15136), a corporation of the Commonwealth, persons, upon call or demand: (1) in the City of Greensburg, the Boroughs of South Greensburg, Southwest Greensburg, Youngwood, New Stanton, Madison, Arona and Hunker, and the Township of Hempfield, all in Westmoreland County; with right no. 1 subject to the following condition: That no right, power or privilege is granted to transport train crews to or from the facilities of Consolidated Rail Corporation in the Borough of Youngwood, Westmoreland County; and (2) between points in the City of Jeannette, and within an airline distance of 3 statute miles of the limits of said city, the Boroughs of Penn and Adamsburg and the Township of Hempfield, all located in Westmoreland County; which is to be a transfer of all the rights held by Greensburg Yellow Cab, Co. t/d/b/a Yellow Cab of Greensburg at A-00106109, F.1, subject to the same limitations and conditions. Attorney: Marc Morley Kane, The Boggs Building, Suite 100, 116 Federal Street, Pittsburgh, PA 15212.
A-00120017, Folder 2. YCG Acquisition Corporation t/d/b/a Yellow Cab of Greensburg (4 River Road, McKees Rocks, Allegheny County, PA 15136), a corporation of the Commonwealth--persons, in paratransit service: (1) between points in the City of Greensburg, the Boroughs of South Greensburg, Southwest Greensburg, Youngwood, New Stanton, Madison, Arona, Hunker and Mt. Pleasant, the Townships of Hempfield, East Huntingdon and Mt. Pleasant, all located in Westmoreland County, to points in the Township of Hempfield, and within an airline distance of 5 statute miles of the limits of said township and return; and (2) between points in the City of Jeannette, and the Boroughs of Delmont, Murrysville and Export, all in Westmoreland County, and from points in said city and boroughs, to points in Pennsylvania, and return; subject to the following conditions: (a) that no right, power or privilege is granted to transport persons who, due to chronic or acute physical or mental conditions, require pretrip preparations such as assistance in being dressed or lifted, or medical monitoring, or the use of medical appliances or equipment, or a medical escort during transit; (b) that no right, power or privilege is granted to provide service with vehicles having emergency vehicle registration plates or in vehicles operated by State certified emergency medical technicians; (c) that no right, power or privilege is granted to transport nonambulatory persons to or from medical appointments from the City of Jeannette, the Borough of Murrysville, except where service is provided under written agreements with Federal, State or local agencies and payment is made by those agencies; and (d) that carrier can only provide service to the curb at a person's residence and service cannot be provided if the person requires assistance in entering the person's residence; which is to be a transfer of all the rights held by Greensburg Yellow Cab, Co. t/d/b/a Yellow Cab of Greensburg at A-00106109, F. 2, subject to the same limitations and conditions. Attorney: Marc Morley Kane, The Boggs Building, Suite 100, 116 Federal Street, Pittsburgh, PA 15212.
Application of the following for amendment to the certificate of public convenience approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under the application.
A-00118717, Folder 1, Am-A. Sallie A. Bender (2056 Plank Road, P. O. Box 139, Carrolltown, Cambria County, PA 15722)--for the discontinuance of service and cancellation of her certificate--persons, in group and party service, in vehicles seating 15 passengers or less, including the driver, between points in the Counties of Blair, Cambria, Somerset, Clearfield, Westmoreland, Indiana, Bedford and Centre, and from points in said counties, to points in Pennsylvania, and return.
Complaint
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Bruce Stevenson t/a ABC Moving Service, 428 Harvy Street, Trenton, NJ 08868; Doc. No.: C-
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 Bruce Stevenson, t/a ABC Moving Service, respondent, maintains its principal place of business at 428 Harvy Street, Trenton, NJ 08868.
2. That on the dates of the violations alleged in this complaint, respondent did not hold a certificate of public convenience issued by this Commission.
3. That respondent advertised in the 2002 Edition of the Verizon Directory Services, Inc., for the transportation of residential and commercial moving services without holding a certificate of public convenience. Penalty is $500.00.
4. That respondent advertised in the 2001 Edition of the Yellow Book USA, for local and long distance moving services without holding a certificate of public convenience. Penalty is $750.00.
5. That on November 15, 2002, at approximately 12:30 p.m., respondent held itself out to transport household goods on December 12, 2002, for Steve Posivak. Respondent quoted $100 per hour for four (4) men and a truck. Penalty is $1,000.00.
6. That respondent, on November 20, 2002, advertised on the internet at www.abcmove.com for local and long distance moving services without holding a certificate of public convenience. Penalty is $1,000.00.
7. That respondent, in performing the acts described in Paragraphs 3, 4, 5 and 6 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent held itself out to transport household goods for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission.
WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Bruce Stevenson, t/a ABC Moving Services, the sum of three thousand, two hundred fifty dollars ($3,250.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
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 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
NOTICE A. You must file an answer within twenty (20) 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 (3) copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.
C. You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.
D. 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 (see B).
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 optional fine set forth in C, above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-1618. Filed for public inspection August 15, 2003, 9:00 a.m.]
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