NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 1007]
[Saturday, February 24, 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 March 19, 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-00123351, F3. 903 Rentals, Inc. (1358 SR 903, Jim Thorpe, Carbon County, PA 18229)--persons, upon call or demand, in the County of Carbon.

   A-00123460. A1 Limousine Service/Universal, Inc. (589 West Valley Forge Road, King of Prussia, Montgomery County, PA 19406)--persons, in limousine service, from points in the County of Montgomery, 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 household goods as described under the application.

   A-00101944, F1, Am-F. J. H. Bennett Moving & Storage, Inc. (1705 Raspberry Street, Erie, Erie County, PA 16502), a corporation of the Commonwealth, inter alia--household goods in use, between points in the City of Erie, Erie County, and within 25 miles by the usually traveled highways of the limits of said City: So As To Permit the transportation of persons in household goods in use between points in the Counties of Crawford, Erie, Venango and McKean and from points in said Counties to points in Pennsylvania, and vice versa. Attorney: William A. Gray, Esq., Vuono & Gray, LLC, 2310 Grant Building, Pittsburgh, PA 15219.

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-00009329, F32, Am-A. Fullington Trailways, LLC (316 East Cherry Street, Clearfield, Clearfield County, PA 16803), a limited liability company of the Commonwealth --certificate of public convenience to abandon/discontinue the rights to transport, as a common carrier, by motor vehicle, the transportation of persons and property on the scheduled route between State College, Centre County and Lewistown Junction, Mifflin County, by means of Boalsburg. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Empire Warehouse & Leasing Co., Doc. No. A-00109604C0601

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 Empire Warehouse & Leasing Co., respondent, maintains its principal place of business at 1059 Empire Avenue, Camden, NJ 08103.

   2.  That respondent was issued a certificate of public convenience by this Commission on June 28, 1991, at Application Docket No. A-00109604.

   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-00109604.

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, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 that the Bureau will 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
Motor Carrier Services and
Enforcement Division
Bureau of Transportation and Safety

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. 07-332. Filed for public inspection February 23, 2007, 9:00 a.m.]

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