NOTICES

Service of Notice of Motor Carrier Applications

[39 Pa.B. 3148]
[Saturday, June 20, 2009]

   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 July 6, 2009. 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-2009-2111332. Wheat Services, Inc. (734 14th Avenue, Prospect Park, Delaware County, PA 19076)--in paratransit service, from points in the City and County of Philadelphia, and the County of Delaware, to points in Pennsylvania, and return. Attorney: David P. Temple, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.

   A-2009-2111537. Wendy Ann Wakeley, t/a Lancpa Personal Solutions (1505 Rothsville Road, Lititz, Lancaster County, PA 17543)--begin right to transport, by motor vehicle, household goods in use, between points in the Counties of Lancaster, Dauphin, York, Lebanon, Berks, Delaware, Chester, Montgomery and Bucks.

   A-2009-2111942. Franklin Transportation Services, LLC, t/a Franklin Limousine (448 Woodland Drive, Franklin, Venango County, PA 16323)--in limousine service, from points in Crawford and Venango Counties, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

   A-2009-2112162. L & M Connect, LLC (27321 Route 220, Milan, Bradford County, PA 18834), a corporation of the Commonwealth--persons, in paratransit service between points in Bradford, Tioga, Susquehanna and Sullivan Counties, PA. Attorney: Gary E. French, Keefer, Wood, Allen & Rahal, LLP, 210 Walnut Street, P. O. Box 11963, Harrisburg, PA 17108-1963.

Applications 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 each application.

   A-2009-2111354. Premiere No. 1 Limousine Service, LLC (5123 Ridge Road, Elizabethtown, Lancaster County, PA 17022), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania, excluding service that is under the jurisdiction of the Philadelphia Parking Authority, which is to be a transfer of all the right authorized under the certificate issued at A-00117886, F. 1, to Premiere No. 1 Limousine Service, Inc., subject to the same limitations and conditions. Attorney: James D. Bogar, One West Main Street, Shiremanstown, PA 17011.

   A-2009-2111402. Premiere No. 1 Limousine Service, LLC (5123 Ridge Road, Elizabethtown, Lancaster County, PA 17022), a corporation of the Commonwealth--persons in group and party service, in vehicles seating 11--15 passengers, including the driver, between points in the Counties of Dauphin, Cumberland, York and Lancaster, and from points in said counties, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority, which is to be a transfer of all the right authorized under the certificate issued at A-00117886, F. 2, to Premiere No. 1 Limousine Service, Inc., subject to the same limitations and conditions. Attorney: James D. Bogar, One West Main Street, Shiremanstown, PA 17011.

Applications 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 each application.

   A-2009-2111185. Jetway Transport, Inc., t/a Jetway Limousine (908 Dekalb Street, Bridgeport, Montgomery County, PA 19405), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11--15 passengers, including the driver, from points in the Counties of Berks, Bucks, Carbon, Chester, Delaware, Lehigh, Luzerne, Monroe, Montgomery, Northampton and Schuylkill, and the City and County of Philadelphia, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

   A-2009-2111343. Butler Medical Transport, Inc. (27 Walker Avenue, Baltimore, MD 21208)--in paratransit service, from points in Adams and York Counties, to points in Pennsylvania, and return.

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

   A-2009-2111233. Rolo Shuttle Service, Inc. (11739 Statesville Boulevard, Cleveland, Rowan County, NC) --a corporation of the State of North Carolina, for the right to begin to transport, as a contract carrier, by motor vehicle, persons in paratransit service, between points in Pennsylvania, and return, for Iron Tiger Logistics. Attorney: Edward L. Ciemniecki, Archer & Grainer, P.  C., One Liberty Place, 1650 Market Street, 32nd Floor, Philadelphia, PA 19103-7393.

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-2009-2111945. McIlwain Charters, Inc. (1551 Ferndale Avenue, Johnstown, Cambria County, PA 15905), a corporation of the Commonwealth--for the discontinuance of service and cancellation of its Certificate as a common carrier, by motor vehicle, authorizing the transportation of persons in airport transfer service, from points in the Counties of Bedford, Blair, Cambria, Indiana, Somerset and Westmoreland, to the Greater Pittsburgh International Airport located in the Townships of Moon and Findlay, Allegheny County. Attorney: Rex McQuaide, 334 Bloomfield Street, Johnstown, PA 15904.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Charles Bethea;
Doc. No. C-2009-2080991

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 Charles Bethea, respondent, maintains his principal place of business at 837 Loyal Way, Pittsburgh, PA 15210.

   2.  That on the date of the violation alleged in this complaint, respondent did NOT hold a certificate of public convenience issued by this Commission.

   3.  That Charles Bethea, on December 20, 2008, at approximately 8:02 p.m., at the Pittsburgh Greyhound Bus Station, 55 Liberty Avenue, Pittsburgh, Allegheny County, PA, permitted a certain 2005 Dodge Neon bearing Pennsylvania License No. GCL4166, Vehicle Identification No. 1B3ES56C95D103188, to be operated. At that time, Mr. Bethea did solicit Enforcement Officer James R. Murray, to provide transportation for compensation. The Respondent was warned previously to cease and desist from providing transportation for compensation between points in the Commonwealth verbally by former Manager Denise Cohen beginning in July 2002, February 2005, June 17, 2005, and by letter dated July 21, 2006, which was mailed and received by certified mail.

   4.  That respondent, in performing the act described in Paragraph 3 of this Complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that Respondent offered to transport persons for compensation between points in the Commonwealth of Pennsylvania while not then holding a Certificate of Public Convenience issued by this Commission. The penalty is $1,000. Future violations may result in possible criminal prosecution with penalties up to $10,000 and 1 year in prison.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Charles Bethea the sum of one thousand dollars ($1,000) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

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
Motor Carrier Services and Enforcement
Bureau of Transportation and Safety     

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 out come. 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, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

   C.  You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265.

   Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration(s), you must file an Affidavit with the PA Public Utility Commission, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265, stating that you understand the rules and regulations of the Commission and that you will no longer provide transportation between points in the Commonwealth of Pennsylvania without filing a new application together with the appropriate filing fee to obtain a Certificate of Public Convenience issued by this Commission. If no affidavit is received within the twenty (20) day time period, the Bureau of Transportation will proceed with the request for suspension of your vehicle registration(s). Your response should be directed to the PA Public Utility Commission, Compliance Office, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265.

   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 a Secretarial Letter imposing a penalty.

   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.

   F.  If you have questions regarding this complaint or if you would like an alternative format of this complaint (for persons with disabilities) contact the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 09-1133. Filed for public inspection June 19, 2009, 9:00 a.m.]

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