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PA Bulletin, Doc. No. 05-1840

NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 5439]

   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 October 24, 2005. 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-00122109. Emmanuel Grant (P. O. Box 3428, Easton, Northampton County, PA 18043)--persons, upon call or demand, in the City of Easton, the Borough of Wilson, the Townships of Bethlehem, Palmer and Williams, all in Northampton County.

   A-00122108. A Touch of Elegance Limousine Service, Inc. (53 Collingsdale Avenue, New Castle, New Castle County, Delaware 19720), a corporation of the State of Delaware--persons, in limousine service, from the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia, to points in Pennsylvania, and return.

   A-00122104. Melvin S. Groff (391 East Main Street, Leola, Lancaster County, PA 17540)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Boroughs of New Holland and Ephrata and the Townships of Ephrata and Upper Leacock, and the City of Lancaster, all located in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122107. Ralph Nelson Waltman (900 Debbie Drive, Lancaster, Lancaster County, PA 17601)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122100. American Invalid Transport Coach, LLC (P. O. Box AA, Uniontown, Fayette County, PA 15401), a limited liability company of the Commonwealth of Pennsylvania--persons in paratransit service: (1) from South Union Township, Fayette County, to points in Pennsylvania, and return; and (2) who are residents of nursing homes and personal care facilities, from such facilities located in the Townships of South Union and North Union and the City of Uniontown, all located in Fayette County, to points in Pennsylvania, and return. Attorney:  Douglas Sepic, 720 Vanderbilt Road, Connellsville, PA 15425-6218.

   A-00122098. Paul S. Zeiset (556 Ridge Avenue, Ephrata, Lancaster County, PA 17522)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122089. Pennsylvania Shuttle Transportation, LLC. (5335 Oakland Street, Philadelphia, Philadelphia County, PA 19124) a limited liability company of the Pennsylvania Commonwealth--persons, in paratransit service, in vehicles equipped for wheel chairs, from points in the Counties of Westmoreland, Washington and Allegheny, to points in Pennsylvania and return.

   A-00122112. Diane L. Schindler t/d/b/a Road Runners 4 Hire (400 Camp Reily Road, Harrisburg, Dauphin County, PA 17112)--persons upon call or demand, between points in the Counties of Cumberland, Dauphin and Perry.

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-00121485 (Corrected). Olde City Limo, Inc. (1100 Spring Garden Street, Philadelphia, Philadelphia County, PA 19123), a corporation of the Commonwealth of Pennsylvania--persons, in limousine service between points in the Counties of Lackawanna, Luzerne and Wyoming, and from points in said counties, to points in Pennsylvania, and return; which is to be a transfer of all the rights authorized under the certificate issued at A-00118893, F.2 to Your Tours, Inc., subject to the same limitations and conditions.

Applications 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 each application.

   A-00109125, Folder 3, Am-A. Walter Larry Green t/d/b/a At Your Service Limo (116 Kim Acres Drive, Mechanicsburg, Cumberland County, PA 17055)--persons, in paratransit service, from points in the County of Franklin, to points within an airline distance of 200 statute miles of the limits thereof, and return; subject to the following conditions: That no right, power or privilege is granted to transport persons on medically related trips or handicapped persons in specially equipped vehicles, from points in Franklin County: So As To Permit the transportation of persons, in paratransit service, from points in the Counties of Dauphin, York, Perry, Cumberland, Franklin and Lancaster to points in Pennsylvania, and return.

   A-00119741, Folder 2, AM-A. Maher Saber t/d/b/a United Cab (620 South 13th Street, Suite 202, Harrisburg, Dauphin County, PA 17104)--which grants the right, inter alia, to transport, by motor vehicle, persons, upon call or demand in the Counties of Cumberland, Dauphin and York: So As To Permit the transportation of persons upon call or demand in the City of Lancaster, Lancaster County, and points within and airline distance of 6 statute miles of the limits of the said city.

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-00119575, Folder 2. Nghia Trong Le t/d/b/a A Great Valley Airport Shuttle Express (353 Lancaster Avenue, Frazer, Chester County, PA 19355)--persons, in airport transfer service, from points in the Borough of Malvern and the Township of East Whiteland, located in Chester County, and from the Township of Upper Merion, located in Montgomery County, to the Philadelphia International Airport. Attorney:  Kenneth A. Olsen, 33 Philhower Road, Lebanon, NJ 08833.

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-00122102. Systems Consulting and Contracting Services, Inc. (7642 Brookfield Road, Cheltenham, Montgomery County, PA 19012), a corporation of the State of Delaware--household goods in use, between points in the Counties of Montgomery and Bucks, and the City and County of Philadelphia, and from points in said territory, to points in Pennsylvania, and vice versa.

Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of household goods in use as described under each application.

   A-00121971, Folder 2. Triad Piano, Inc. t/d/b/a Bucks County Piano (1247 Woodbourne Road, Levittown, Bucks County, PA 19057), a corporation of the Commonwealth of Pennsylvania--household goods, in use, limited to the transportation of pianos and organs, in use, from points in the Counties of Bucks, Berks, Chester, Delaware, Montgomery, and the City and County of Philadelphia, to points in Pennsylvania.

   A-00121900, Folder 2. Pascal S. Simone t/a Camel Piano Moving Company (511 Third Street, Belvidere, NJ 07823)--household goods in use, limited to transporting pianos, from points in the Counties of Pike, Monroe, Carbon, Northampton, Lehigh, Schuylkill, Berks, Montgomery, Bucks, Philadelphia, Delaware and Chester, to points in Pennsylvania.

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

   A-00119632, Folder 1, Am-A. Parrot Head Transportation, Inc. t/d/b/a Two Men and a Truck (201 East Roland Road, Parkside, Delaware County, PA 19015), a corporation of the Commonwealth of Pennsylvania--for the amendment to its common carrier certificate, which grants the right, to transport, by motor vehicle, household goods in use, between points in the County of Chester within an airline distance of 10 statute miles of the junction or intersection of SR 3 and SR 252 in the Township of Newtown, Delaware County, and from points in said territory, to points in Pennsylvania, and vise versa: So As To Permit the transportation of household goods in use, between points in the Counties of Bucks, Montgomery and Philadelphia, and from points in said counties, to points in Pennsylvania, and vice versa. Attorney:  Kenneth A. Olsen, 33 Philhower Road, Lebanon, NJ 08833.

Applications of the following for the 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 each application.

   A-00098496, Folder 3. Greater Johnstown Yellow Cab, Inc. (1301 Frankstown Road, Johnstown, Cambria County, PA 15902), a corporation of the Commonwealth of Pennsylvania--certificate of public convenience partial discontinuance of the right to transport, as a common carrier by motor vehicle: Persons in limousine service, between points in Pennsylvania, which is held at A-00098496, F. 3 and F. 3, Am-A.

   A-00116246. Complete Care, Inc. (219 East Beech Street, Hazleton, Luzerne County, PA 18201) a Pennsylvania corporation--abandon/discontinue the right to transport, as a common carrier by motor vehicle; persons in paratransit service, between points in the City of Hazleton, Luzerne County, and within an airline distance of 90 statute miles of the limits of said city, and from points in said territory, to points in Pennsylvania and return; subject to the following conditions: (1) That the authority granted herein is limited to the transportation of nonambulatory patients requiring medical assistance, in vehicles specially equipped for the transportation of passengers confined to wheelchairs or litters; and (2) that no right, power or privilege is granted to perform transportation to from or between points in the Borough of Hatboro, and the Townships of Upper Moreland, Horsham and that portion of Abington, bounded and described as follows: beginning at the intersection of Moreland Road and North Hills Avenue to Fitzwatertown Road to a line running along Patane Avenue, as it would be extended westerly, thence on said line to Patane Patane Avenue beginning at Lindburgh Avenue, thence on a line at Patane Avenue which would be extended to the Reading Railroad to Glendale Avenue; thence on Glendale Avenue, to Edgehill Road; thence on Edgehill Road to Moreland Road; thence on Moreland Road to North Hills Ave- nue, the place of beginning, all in the County of Montgomery, in the Borough of Ivyland and the Town- ships of Warminster, Warrington, Warwick and Upper Southampton, all in the County of Bucks, which is authorized at A-00116246. Attorney:  John C. Gormley, P. O. Box 159, 1036 Main Street, Slatington PA 18080.

   A-00098496, Folder 4. Greater Johnstown Yellow Cab, Inc. (1301 Frankstown Road, Johnstown, Cambria County, PA 15902), a corporation of the Commonwealth of Pennsylvania--certificate of public Convenience to abandon/discontinue the rights to transport, as a common carrier by motor vehicle: (1) persons in paratransit service, between points in the City of Johnstown, the Boroughs of Dale, East Conemaugh, Franklin, Scalp Level, Geistown, Lorain, Ferndale, Southmont, Westmont and Brownstown, and the Townships of West Taylor, Middle Taylor, East Taylor, Conemaugh, Richland, Stonycreek, Upper Yoder and Lower Yoder, all in Cambria County; (2) handicapped persons and their companions or attendants, in paratransit service, from points in the City of Johnstown, the Boroughs of Dale, East Conemaugh, Franklin, Scalp Level, Geistown, Lorain, Ferndale, Southmont, Westmont and Brownstown, and the Townships of West Taylor, Middle Taylor, East Taylor, Conemaugh, Richland, Stonycreek, Upper Yoder and Lower Yoder, all in Cambria County, to points in Pennsylvania, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Shadi A. Adams; Doc. No. A-00121077C0501

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 Shadi A. Adams, respondent, maintains a principal place of business at 613 Heritage Ct., Mechanicsburg, PA 17050.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on September 24, 2004, at Application Docket No. A-00121077.

   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 (20) 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-00121077, for failure to maintain evidence of current 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,

Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, 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: _______________________
Wendy J. Keezel

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 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 offence, 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 you 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 Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-1840. Filed for public inspection September 30, 2005, 9:00 a.m.]



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