NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 5746]

   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 November 7, 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.

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

   A-00122134. Nanette C. Francis t/d/b/a Go Fer U (P. O. Box 1611, Easton, Northampton County, PA 18044)--persons, in paratransit service, between points in the City of Easton, and the Township of Forks, Palmer and Bethlehem, all located in Northampton County.

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 the application.

   A-00120433, Folder 1, Am-A (Corrected). Accurate Limousine, LLC (12 Raintree Road, Chadds Ford, Chester County, PA 19317), a corporation of the Commonwealth--persons, between points in the County of Chester, and from points in said county, to points in Pennsylvania, and return: So As To Permit the transportation of persons, in limousine service, between points in the Counties of Bucks, Delaware and Montgomery, and the City and County of Philadelphia, and from points in said counties, to points in Pennsylvania, and return.

Application 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 the application.

   A-00118987, Folder 2, Corrected. S & S Taxi Co. (400 Eden Park Road, McKeesport, Allegheny County PA 115132)--certificate of public convenience to abandon/discontinue the rights to transport, as a common carrier by motor vehicle; persons upon call or demand, in the Boroughs of Homestead, West Homestead, Munhall and West Mifflin, all in Allegheny County; and (1) in the Cities of McKeesport and Duquesne, Allegheny County; (2) in the Boroughs of Glassport, Liberty, White Oak, Dravosburg, Port Vue, Versailles and Lincoln and the Townships of Elizabeth and North Versailles, Allegheny County; (3) in the City of Clairton, and the Boroughs of Elizabeth and West Elizabeth, Allegheny County; (4) in the Borough Trafford, Westmoreland and Allegheny Counties; (5) in the Borough of Braddock, Allegheny County; (6) in that portion of the Borough of North Braddock, Allegheny County, located west and south of Braddock Avenue, and north of the body of water known as Turtle Creek; (7) in that portion of the Borough of West Mifflin, Allegheny County, located south and east of Lebanon Church Road, Buttermilk Hollow Road and the boundaries of the City of Pittsburgh, the Borough of Munhall and the Borough of Whitaker; (8) in that portion of the Borough Jefferson, Allegheny County, located east of SR 51 and Lewis Run Road; (9) in the Boroughs of East Pittsburgh, Wilmerding and Wall, Allegheny County, and the Cities of New Kensington and the Cities of New Kensington, Arnold and Lower Burrell, Westmoreland County; and (10) in the Township of North Huntingdon, and the Boroughs of Irwin and North Irwin, all in Westmoreland County, which are held at A-00118987, F.2 and F.2, Am-A.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. GP Cab Co.; Doc. No. A-00121185C0501

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 GP Cab Co., respondent, maintains a principal place of business at 553 Snow Din Road, Upper Darby, PA 19082.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on December 21, 2004, at Application Docket No. A-00121185.

   3.  That respondent has failed to maintain evidence of bodily injury and property damage 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 an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00121185, 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 (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 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 of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   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 (20) days of the date of service of this Complaint. The proof of insurance must be filed with the:

         Compliance Office
Bureau of Transportation & Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE and FAXED FORM E's and H's 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 issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience.

   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 above.

   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. 05-1931. Filed for public inspection October 14, 2005, 9:00 a.m.]

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