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PA Bulletin, Doc. No. 06-1999

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[36 Pa.B. 6183]
[Saturday, October 7, 2006]

   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 30, 2006. 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-00123113. Ultimate Medical Services, Inc. (10 Valley Lane, Annville, Lebanon County, PA 17003) a corporation of the Commonwealth, persons in paratransit service, from points in the Counties of Lebanon, Dauphin and Berks, to points in Pennsylvania, and return.

   A-00123106. Fornet Enterprises, Inc. (218 Locust Drive, Milford, Pike County, PA 18337) a corporation of the State of New Jersey--persons in limousine service, from points in the County of Pike, to points in Pennsylvania, and return.

   A-00123114. Fernando Cruz (34 Chestnut Street, New Hope, Bucks County, PA 18938)--persons, upon call or demand in the Borough of New Hope and the Townships of Solebury and Buckingham, Bucks County.

   A-00123118. Homestead Transportation, LLC (P. O. Box 1506, Lansdale, Montgomery County, PA 19446), a Pennsylvania Limited Liability Company--persons, upon call or demand in the Borough of Doylestown, Bucks County, and within an airline distance of 5 statute miles of the limits of said borough.

   A-00123117. Columbia Taxi, LLC (640 Chestnut Street, Columbia, Lancaster County, PA 17512), a Pennsylvania Limited Liability Company--persons, upon call or demand in the Borough of Columbia, Lancaster County, and within an airline distance of 10 statute miles of the limits of said borough.

   A-00108503, F.3. A Limousine Service, Inc. (30 Prager Street, Pittsburgh, Allegheny County, PA 15215)--a corporation of the Commonwealth, for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Westmoreland and Butler, to points in Pennsylvania and return, and from points in the County of Allegheny to other points in Pennsylvania and return. Attorney: John A. Pillar, Esquire, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

   A-00123112. Mary E. Russell (39 Chickadee Circle, Leola, Lancaster County, PA 17540)--persons, in paratransit service, 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-00123110. Harold Leroy Shipman (R. R. 1, Box 185-S, Dornsife, Northumberland County, PA 17823)--persons, in group and party service, in the Counties of Northumberland, Union, Snyder and Dauphin, limited to the use of vehicles seating 11 to 15 persons, including the driver.

   A-00123128. Racing Limos of Harrisburg, LLC (708 Spruce Drive, Hanover, York County, PA 17331), a Pennsylvania Limited Liability Company--persons, in limousine service, from points in the Counties of Cumberland, Dauphin, Lebanon and Perry, to points in Pennsylvania, and return.

   A-00123101. Larry E. McQueen (17023 Beaver Center Road, Linesville, Crawford County, PA 16424)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Crawford, Erie and Mercer, to points in Pennsylvania, and return.

   A-00123095. An Affair to Remember, LLC, t/a A Special Occasion Limousine Service (833 Seneca Park Road, Baltimore, MD 21220)--persons, in limousine service, from points in the County of York, to points in Pennsylvania, and return.

   A-00123134. Edward Shinski (P. O. Box 32, Gordonville, Lancaster County, PA 17529-0032)-- persons, in paratransit service, 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-00123135. Juan Oriach t/d/b/a Hazleton Transport Co. (1056 North Locust Street, Hazleton, Luzerne County, PA 18201)--persons, in paratransit service, from points in the County of Luzerne, to points in Pennsylvania, and return. Attorney: Joseph D. Ustynoski, 101 West Broad Street, 205 HNB Building, Hazleton, PA 18201.

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-00118810, F.1, Am-D. Felix Szczcpanski t/d/b/a J. B. Taxi (7 Seventh Street, Midland, Beaver County, PA 15059) inter alia--persons upon call or demand in the County of Beaver: So As To Permit the transportation of persons upon call or demand in the County of Allegheny.

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-00108743, F.4. Airlines Acquisition Co., Inc. t/d/b/a Airlines Transportation Company (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--additional right--persons in group and party service, in vehicles seating 11 to 15 persons, including the driver, from points in the County of Allegheny, to points in Pennsylvania, and return. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

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-00121228. Glenn E. Hurst (100 Delancy Place, Lancaster, Lancaster County, PA 17601)--discontinuance of service--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in the said county, to points in Pennsylvania, and return.

   A-00088129, F.2, Am-B. Wheary's Transportation, LLC (4417 Oregon Pike, Ephrata, Lancaster County, PA 17522) a corporation of the Commonwealth--discontinuance of service--persons, (a) in paratransit operations, from the Township of Paradise, Lancaster County, and within a 5-mile radius of the Post Office of said Township, to points in Pennsylvania and vice versa; subject to the following conditions: (1) that the service herein authorized is limited to transportation in vehicles having a seating capacity of not more than 15 persons, including the driver; (2) that the service herein authorized is limited to transportation for which advanced reservations are made in a vehicle not reserved for individual use; and (3) that the service herein authorized shall exclude all rights, powers, and privileges to render group and party service and service in special excursions, tour or sight-seeing trips, all as currently defined in the rules and regulations of the Pennsylvania Public Utility Commission; and (b) in paratransit service, between points in the Township of Paradise, Lancaster County, and within an airline distance of 25 statute miles of the Post Office of said township, and from points in said territory, to points in Pennsylvania, and return; subject to the following conditions: (i) that the service authorized herein shall be limited to transportation arranged through the Lancaster Integrated Specialized Transportation System (LISTS); and (ii) that no right, power or privilege is granted to transport from points in Chester County.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Horvath, Christopher, Sr. t/a Hometown Transportation Sol, 678 Elmwood Avenue, Sharon Hill, PA 19079; Doc. No. A-00116897 C0601

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 all authority issued to Horvath, Christopher, Sr. (respondent) is under suspension effective 05/24/2006 for failure to maintain evidence of insurance on file with this Commission.

   2.  That respondent maintains a principal place of business at Horvath, Christopher, Sr., t/a Hometown Transportation Sol, 678 Elmwood Avenue, Sharon Hill, PA 19079.

   3.  That respondent was issued a Certificate of Public Convenience by this Commission on 1/08/2004 at Application Docket No. A-00116897.

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

   5.  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 will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00116897 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,
 
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 (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 of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order 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, 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 (20) days of the date of service of this Complaint. The proof of insurance must be filed with the

Compliance Office, Bureau of Transportation
and 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 Es and Hs are unacceptable as evidence of insurance.

   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 an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. 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 fine set forth above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-1999. Filed for public inspection October 6, 2006, 9:00 a.m.]



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