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PA Bulletin, Doc. No. 04-883

NOTICES

Service of Notice of Motor Carrier Applications

[34 Pa.B. 2668]

   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 June 7, 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-00120710. Pittsburgh Information and Research Company t/d/b/a Onyshko Investigative Services (P. O. Box 99181, Pittsburgh, Allegheny County, PA 15233-4181), a corporation of the Commonwealth--persons in paratransit service, who are claimants of the State Workers Insurance Fund, between points in the Counties of Erie, Crawford, Warren, McKean, Venango, Forest, Elk, Cameron, Mercer, Lawrence, Beaver, Butler, Clarion, Armstrong, Washington, Greene, Westmoreland, Jefferson, Clearfield, Indiana, Cambria, Blair, Huntingdon, Fayette, Somerset, Bedford and Fulton, and from points in the County of Allegheny, to points in the aforementioned counties, and return.

   A-00120706. Rock River and Trail Outfitters, Inc. (57 Bellefonte Avenue, Lock Haven, Clinton County, PA 17745), a corporation of the Commonwealth--persons in group and party service, in vehicles with a seating capacity of 11 to 15 passengers, including the driver, between points in Clinton County, and from points in said county, to points in this Commonwealth, and return.

   A-00120701. Cetronia Ambulance Corps Incorporated t/d/b/a Cetronia Ambulance Corps (7355 William Avenue, Suite 700, Allentown, Lehigh County, PA 18106-9397), a corporation of the Commonwealth--persons in paratransit service, between points in the Counties of Berks, Bucks, Carbon, Lehigh, Monroe and Northampton, and from points in said counties, to points in this Commonwealth, and return. Attorney: Douglas M. Wolfberg, 5010 E. Trindle Road, Suite 202, Mechanicsburg, PA 17050.

   A-00120700. Randall Faust t/d/b/a Faust Taxi Service (825 Fairmount Avenue, Pottsville, Schuylkill County, PA 17901)--persons upon call or demand in the City of Pottsville, Schuylkill County, and within an airline distance of 5 statute miles of the limits thereof.

   A-00120713. Gittings Protective Security (110 West High Street, Ebenburg, Cambria County, PA 15931), a corporation of the Commonwealth--persons in paratransit service, between points in the Borough of Ebensburg, Cambria County, and within an airline distance of 60 statute miles of the limits thereof, and from points in said area, to points in this Commonwealth, and return; limited to the transportation of insurance claimants to scheduled medical appointments.

   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-00120712. Airport Orbit, Inc. (140 South Main Street, Slippery Rock, Butler County, PA 16057), a corporation of the Commonwealth--persons in airport transfer service: (1) from the Borough of Slippery Rock, Butler County, to the Greater Pittsburgh International Airport, located in the Township of Moon, Allegheny County, and vice versa; (2) from points in the Borough of Slippery Rock, Butler County, and within an airline distance of 25 statute miles of the limits thereof, to the Greater Pittsburgh International Airport, located in the Township of Moon, Allegheny County, and vice versa; (3) from points in the Counties of Mercer and Lawrence, to the Pittsburgh International Airport located in the Township of Moon, Allegheny County; and (4) from points in the Counties of Clarion, Crawford and Venango to the Pittsburgh International Airport, located in the Townships of Findlay and Moon, Allegheny County; which is to be a transfer of the rights of the rights authorized under the certificate issued at A-00105543 to Cultural Studies Academy, Inc. t/d/b/a Lenz Travel Airport Shuttle, subject to the same limitations and conditions. Attorney: David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219-3427.

   A-00120699. Rhoads Limousine Service, Inc. (96 Weavertown Lane, Douglassville, Berks County, PA 19518), a corporation of the Commonwealth--persons in limousine service, between points in this Commonwealth; which is to be a transfer of the rights authorized under the certificate issued at A-00107913, F.2 to Mary E. Klein t/d/b/a Klein Tours, subject to the same limitations and conditions. Attorney: J. Bruce Walter, P. O. Box 1146, Harrisburg, PA 17108-1146.

   Application of the following for certificate of public convenience approving the operation of motor vehicles as common carriers for the transportation of household goods by transfer as described under the application.

   A-00120717. Mildred A. Kissel t/d/b/a Kissel Moving & Storage (550 Pine Creek Road, Wexford, Allegheny County, PA 15090)--(1) property, between points in this Commonwealth; and (2) household goods in use, between points in Allegheny County, and from points in said county, to points in this Commonwealth, and vice versa; which is to be a transfer of the rights authorized under the certificate issued at A-00099886 to Patrick A. Kissel, Sr. (D), subject to the same limitations and conditions.

   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-00117323, Folder 1, Am-A. Carl Corporation t/d/b/a Campbell Limousine (402 Club 21 Road, McClellandtown, Fayette County, PA 15458), a corporation of the Commonwealth--discontinuance of service--persons, in limousine service, between points in this Commonwealth. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Exclusively Yours Transportation and Protective Services, Inc.; Doc. No. A-00117412C0301

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 Exclusively Yours Transportation and Protective Services, Inc., respondent, maintains a principal place of business at 504 Dogwood Circle, Havertown, PA 19083.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on November 16, 2001, at Application Docket No. A-00117412.

   3.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance on file with this Commission.

   4.  That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c) and 52 Pa. Code §§ 32.11(a), § 32.12(a) or § 32.13(a).

   WHEREFORE, unless respondent causes its insurer to file evidence of insurance with this Commission 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 held by respondent at Docket No. A-00117412, for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) 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

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 of the date of service, 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, Contract Carrier Permit, or Brokerage license, 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 causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty days of the date of service of this Complaint. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the evidence of insurance from your insurer, the complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   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 that the Commission enter an order 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 optional penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 04-883. Filed for public inspection May 14, 2004, 9:00 a.m.]



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