NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 2567]
[Saturday, June 2, 2007]

   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 25, 2007. 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-00123769. Janis G. Filiaggi, t/a Door To Door & More (310 Mountain Road, State College, Centre County, PA 16801)--persons, in paratransit service, from points in the County of Centre, to points in Pennsylvania, and return.

   A-00123781. Corry Ambulance Service, Inc. (1701 Sassafras Street, Erie, Erie County, PA 16502)--persons, in paratransit service, from points in the Counties of Erie, Crawford, Warren and Venango, to points in Pennsylvania, and return. Attorney:  Christina M. Mellott, 5010 East Trindle Road, Suite 202, Mechanicsburg, PA 17050.

   A-00123786. Riverfront Limousine Service, LLC (77 East Main Street, P. O. Box 5, Penns Grove, NJ 15001), a corporation of the State of New Jersey--persons in limousine service, between points in Pennsylvania, excluding the right to transport between points in Allegheny County; which is to be a transfer of all the right authorized under the certificate issued at A-00108205 to Gitt-A-Limo, Inc., t/a Affordable Limousine Service, subject to the same limitations and conditions. Attorney:  Richard T. Mulcahey, Jr., 1500 JFK Boulevard, Suite 1400, Philadelphia, PA 19102.

   A-00123787. Tekay Transportation Services, LLC (6032 Loretto Avenue, Philadelphia, Philadelphia County, PA 19149)--a limited liability company of the Commonwealth--persons in paratransit service from points in the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia, to points in Pennsylvania, and return.

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-00108814, F4, Am-A. Bucks Transit Co., Inc. (609 Iva Lane, Fairless Hills, Bucks County, PA 19030)--a corporation of the Commonwealth--persons in airport transfer service from points in the Borough of Bristol, the Township of Bristol and that portion of the Township of Bensalem southeast of US Route 1, but excluding that portion of the Township of Bensalem west of Woodhaven Boulevard, to the Philadelphia International Airport located in the City and County of Philadelphia and the Township of Tinicum, Delaware County, and vice versa: So As To Permit the transportation of persons in airport transfer service, from the Townships of Bensalem, Middletown, Lower Southampton and Northampton, and the Borough of Doylestown, to the Philadelphia International Airport located in the City and County of Philadelphia and the Township of Tinicum, Delaware County, and vice versa.

   A-00118810, F1, Am-E. Felix M. Szczepanski, 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 Crawford.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Smathers Construction, Inc.; Doc. No. A-00115788c0601

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 Smathers Construction, Inc., respondent, maintains its principal place of business at 6274 Ehrgott Road, Meadville, PA 16335.

   2.  That respondent was issued a certificate of public convenience by this Commission on June 15, 1999, at Application Docket No. A-00115788.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 2003, 2004 and 2005.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, failed to comply with the January 11, 1999 Commission Decision at P-981458 and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00115788.

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

   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, Chief of Enforcement

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). 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 days, 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.  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 revocation of your Certificate of Public Convenience.

   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 Compliance Office at 717-787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-997. Filed for public inspection June 1, 2007, 9:00 a.m.]

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