NOTICES

Service of Notice of Motor Carrier Applications

[33 Pa.B. 6386]

   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 January 12, 2004. 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-00120337. Best Value Limousine, Inc. (702-704 Exeter Avenue, West Pittston, Luzerne County, PA 18643), a corporation of the Commonwealth--persons, in limousine service, between points in the Counties of Luzerne and Lackawanna, and from points in said counties, to points in Pennsylvania, and return. Attorney: W. Boyd Hughes, 1421 E. Drinker Street, Dunmore, PA 18512.

   A-00120333. C & S Ambulance Service, Inc. (P. O. Box 150, Vandergrift, Westmoreland County, PA 15690), a corporation of the Commonwealth--persons in paratransit service, between points in the Counties of Armstrong and Westmoreland.

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 household goods as described under the application.

   A-00120334. Wherley Generations, Inc. (1201 Greenwood Road, York, York County, PA 17404), a corporation of the Commonwealth--household goods in use, between points in the Counties of Adams, Cumberland, Dauphin, Lancaster and York, and from points in said counties, to points in Pennsylvania, and vice versa. Attorney: David H. Radcliff, 20 Erford Road, Suite 300A, Lemoyne, PA 17043.

Application of the following for the approval of the transfer of stock as described under the application.

   A-00113647, F.5000. George W. Weaver & Sons, Inc. (165 Lamont Street, New Cumberland, Cumberland County, PA 17070), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of all of the issued and outstanding shares (1,000) of stock from Frederick M. Liddell and Georgia F. Liddell, husband and wife, as tenants in common to Frederick M. Liddell (1,000 shares). Attorney: Lloyd R. Persun, P. O. Box 5950, Harrisburg, PA 17110-0950.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. John Chapman t/a Chapman's Limousine Service, 3303 Iowa Street, Pittsburgh, PA 15219; Doc. No. A-00118279, F.2 and F.6000

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 John Chapman, t/a Chapman's Limousine Service, respondent, maintains its principal place of business a 3303 Iowa Street, Pittsburgh, Pennsylvania 15219.

   2.  That respondent filed for limousine authority September 6, 2001, at Application Docket No. A-00118279. Said application was dismissed on April 11, 2002, for non-compliance. On June 17, 2002, respondent filed an application for limousine emergency temporary authority at F.6000, which was approved on September 3, 2002. On October 2, 2002, respondent filed an application for permanent limousine authority in Allegheny County at Application Docket No. A-00118279, F.2. Said application was approved by Commission Order entered March 10, 2003, pursuant to compliance with requirements set forth. To date, respondent has not met all of the requirements in the compliance order.

   3.  On July 26, 2003, Enforcement Officer John Addison spoke with John Chapman and asked him if he was operating limousine service in Allegheny County due to a lapse in insurance on file with this Commission. Mr. Chapman stated that he let his insurance lapse because he was discontinuing service. Mr. Chapman stated that he is in the process of selling his limousine. Mr. Chapman advised Officer Addison that the last time he provided service was in December of 2002. The Respondent abandoned or discontinued limousine service without havingsubmitted a letter to this Commission containing a statement that the service is no longer being rendered.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that limousine service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) and 66 Pa.C.S. § 1102(a)(2).

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke John Chapman, t/a Chapman's Limousine Service's emergency temporary authority at A-00118279, F.6000 and that the Commission dismiss respondent's application at F.2 for non-compliance.

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

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 out come. 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 17105-3265

   B.  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 the revocation of your certificate of public convenience or other remedy.

   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 (see B).

   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 Technical Unit at (717) 783-5945.

Complaint

JONATHAN W ALLEN
49 BALDWICK ROAD
PITTSBURGH PA 15205

In Re: Pennsylvania Public Utility Commission
v.
Jonathan W. Allen
C-20030269

Dear Respondent:

   On June 13, 2003, the Bureau of Transportation and Safety instituted a complaint against Jonathan W. Allen, respondent, alleging:

   ''that respondent, on October 30, 2002, at approximately 11:27 a.m., at the Pittsburgh Airport, Findlay Township, Allegheny County, Pennsylvania, permitted a certain 1993 Lincoln bearing Pennsylvania License No. LM22671, Vehicle Identification No. 1LNLM82W6PY601745, to be operated. At that time, Enforcement Officer Roy Barlett found said vehicle to be transporting three (3) passengers from William Penn Place, Pittsburgh, Allegheny County, Pennsylvania, to Pittsburgh Airport, Coraopolis, Allegheny County, Pennsylvania, for $40.00. Respondent stated to Officer Barlett that he operated under Crystal Limousine Service's certificate at Application Docket No. A-00119024. On December 10, 2002, Mr. Tom Reardon, of Crystal Limousine Service, denied that respondent was transporting passengers under Crystal Limousine's authority.

   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 served on June 19, 2003; 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 of the service of this letter, shall pay a penalty of five hundred dollars ($500.00) by certified check or money order payable to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, Pennsylvania 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, and shall cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1 et seq.

   The Pennsylvania Department of Transportation is directed, pursuant to 75 Pa.C.S. § 1375(a), to suspend the motor vehicle registration of the vehicle described above.

James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 03-2433. Filed for public inspection December 19, 2003, 9:00 a.m.]

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