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PA Bulletin, Doc. No. 12-2292

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[42 Pa.B. 7229]
[Saturday, November 24, 2012]

 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 December 10, 2012. 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-2012-2321951. Pearl Express, LLC (770 Fahs Street, York, PA 17404) for the right to begin to transport, as a common carrier, by motor vehicle, persons in scheduled route service, between the following points in Pennsylvania, Monday through Friday, each route to begin at 6 a.m. and 3 p.m.:

East Zone—York Mall/Galleria/Pleasant Acres

 • To transport, as a common carrier, by motor vehicle, persons in scheduled route service between Downtown York and East York over the following route: Beginning at Transfer Center Pershing Avenue (Kings Street) in Downtown York; thence east on King Street to its intersection with Duke Street; thence left on Duke Street to the intersection of East Market Street (Route 462); thence right on East Market Street to its intersection with Northern Way; thence left on Northern Way to the intersection of Industrial Highway; thence left on Industrial Highway to its intersection of Memory Lane; thence right on Memory Lane to the intersection of Pleasant Valley Road; thence continue on Pleasant Valley Road to the intersection of Williams Road; thence right on Williams Road to the intersection of Whiteford Road; thence a right on Whiteford Road to the intersection of Mount Zion Road (Route 24); thence right on Mount Zion Road to the intersection of Concord Road; thence left on Concord Road to the intersection of Davies Drive; thence right on Davies Drive to the intersection of Heindel Road; thence left on Heindel Road to the intersection Pleasant Acres Road; thence right on Pleasant Acres Road to the intersection Stony Brook Road; thence right on Stony Brook Road to the intersection of East Market Street (Route 462); thence right on East Market Street to the intersection North Harrison Street; thence right on North Harrison Street to the intersection of East Philadelphia Street (Route 462); thence left on East Philadelphia Street to the intersection of South Pershing Avenue; thence left on South Pershing Ave returning to the point of origin Transfer Center (King Street) Downtown York.

West Zone—West York/West York Industrial Park

 • To transport, as a common carrier, by motor vehicle, persons in scheduled route service between Downtown York and West York over the following route: Beginning Transfer Center Pershing Avenue (King Street) in Downtown York; thence south on South Pershing Avenue to its intersection with West Princess Street; thence right on West Princess to the intersection Dewey Street; thence right on Dewey Street to the intersection West King Street; thence left of West King Street to the intersection North Highland Avenue; thence right on North Highland Avenue to the intersection West Market Street (Route 462); thence left on West Market Street to the intersection West Philadelphia Street; thence right on West Philadelphia Street to the intersection North Highland Avenue; thence right on North Highland Avenue to the intersection West Market Street (Route 462); thence left on West Market Street to the intersection Overbrook Avenue; thence right on Overbrook Avenue to the intersection West King Street; thence left on West King Street to the point of origin Transfer Center (Pershing Avenue) Downtown York.

North Zone—North York by means of Beaver

 • To transport, as a common carrier, by motor vehicle, persons in scheduled route service between Downtown York and North York over the following route: Beginning Transfer Center Pershing Avenue (Kings Street) in Downtown York; thence east on King Street to its intersection with South Beaver Street; thence left on South Beaver Street to the intersection Jefferson Avenue; thence left on Jefferson Avenue to the intersection North Pershing Avenue; thence left on North Pershing Avenue to the intersection Parkway Boulevard; thence left on Parkway Boulevard to the intersection Pennsylvania Avenue; thence right on Pennsylvania Avenue to the intersection Neu Road; thence left on Neu Road to the intersection Vogelsong Road; thence right on Vogelsong Road to the intersection Pennsylvania Avenue; thence right on Pennsylvania Avenue to the intersection Loucks Road (Route 30); thence left on Loucks Rd to the intersection North George Street; thence right on North George Street to the intersection West Philadelphia Avenue; thence right on West Philadelphia Avenue to the intersection South Pershing Avenue; thence right on South Pershing Avenue to the point of origin Transfer Center Downtown York.

South Zone—South York by means of Pershing

 • To transport, as a common carrier, by motor vehicle, persons in scheduled route service between Downtown York and South York over the following route: Beginning at Transfer Center Pershing Avenue; thence south on South Pershing Avenue to the intersection West Jackson Street; thence left on West Jackson Street to the intersection South George Street (Interstate 83); thence right on South George Street to the intersection Rathton Road; thence left on Rathton Road to the intersection Edgar Street; thence left on Edgar Street to the intersection East Cottage Place; thence left on East Cottage Place to the intersection South Pine Street; thence right on South Pine Street to the intersection East Princess Street; thence right on East Princess Street to the intersection South Pershing Avenue; thence right on South Pershing Avenue to the point of origin Transfer Center Downtown York.

York To Harrisburg Connect—by means of 83 North

 •  To transport, as a common carrier, by motor vehicle, persons in scheduled route service between Downtown York and South York over the following route: Beginning at Transfer Center Pershing Avenue; thence go west on King Street to the intersection Pine Street; thence right on Pine Street to the intersection of Prospect Street (Mount Rose Avenue); thence left on Prospect Street to the intersection of Haines Road; thence left on Haines Road (Scheduled stop K-Mart); thence return back to Mount Rose Avenue to the intersection of 83 North (Exit 18); thence continue on 83 North to the intersection of Church Road (Exit 24/Park and Ride); thence return on 83 North to the intersection of Old Trail Road (Exit 33/Park and Ride); thence return on 83 North to the intersection of Second Street (Exit 43); thence a left on 2nd Street to the intersection of Market Street; thence a right on Market Street (Scheduled destinations—Train Station and Cat Transfer Point) to the intersection of Fifth Street; thence a left of 5th Street to the intersection of Walnut Street; thence left on to Walnut Street to the intersection of Front Street; thence a left on Front Street to the intersection of 83 South (Exit 44); continue on 83 South to the Old Trail Road (Exit 33/Park and Ride); Return on 83 South to the intersection of Church Road (Exit 24/Park and Ride); thence return on to 83 South to the intersection Mount Rose Avenue (Exit 18); thence proceed to Haines Road (Scheduled stop K-Mart Center); thence return back onto Mount Rose Avenue, becomes Prospect Street to the intersection of Pine Street; thence right on to Pine Street to the intersection of Princess Street; thence a left on to Princess to the intersection of Pershing Avenue; thence a right on to Pershing Avenue the point of origin Transfer Center Downtown York.

A-2012-2324833. Nicholas Louis Varish, t/a South Mountain Transportation (704 Point Road, Werners-ville, Berks County, PA 19565)—persons, in paratransit service, between points in the Boroughs of Robesonia, Wernersville and Womelsdorf, all within Berks County.

A-2012-2324909. Catawese Coach Lines, Inc., t/a Catawese Coach Lines (P. O. Box 546, Shamokin, PA 17872)—in Group and Party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Columbia, Luzerne, Montour, Northumberland, Schuylkill and Snyder, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

Application 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 the application.

A-2012-2329498. Justin Neal Detterline, t/a D & L Cab Co. (106 Morningside Drive, Red Lion, York County, PA 17356)—persons upon call or demand, in the Counties of York and Adams, which is to be a transfer of all rights authorized under the certificate issued at A-00121720, F. 1, Am-B, to D & L Cab Co., Inc., subject to the same limitations and conditions.

Application 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 household goods as described under the application.

A-2012-2321964. Paul J. Belicic, III, t/a Pals Professional and Loyal Service Moving (668 Duganne Lane, Duncansville, PA 16635)—household goods in use, between points in Blair County.

____

Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Lambert Worldwide Services LLC; Doc. No. C-2012-2325494

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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:

 1. That all authority issued to Lambert Worldwide Services LLC, (respondent) is under suspension effective September 11, 2012 for failure to maintain evidence of insurance on file with this Commission.

 2. That respondent maintains a principal place of business at 6703 Germantown Avenue, Philadelphia, PA 19119-2109.

 3. That respondent was issued a Certificate of Public Convenience by this Commission on February 10, 2012, at A-6413114.

 4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.

 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 pays the penalty of $500 and 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 Investigation and Enforcement will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at A-6413114 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.

 Respectfully submitted,

David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, David W. Loucks, Chief, Motor Carrier Enforcement, Bureau of Investigation and Enforcement, 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 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: 9/24/2012

 David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 shall be mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or may be sent by overnight delivery to:

    400 North Street, 2nd Floor
Harrisburg, Pennsylvania 17120

 Additionally, please serve a copy on:

    Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, Pennsylvania 17105-3265

 B. If you fail to answer this Complaint within twenty (20) days of the date of service, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the penalty proposed in this Complaint. 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 and by paying the fine proposed in this Complaint by certified check or money order within twenty (20) days of the date of service of this Complaint. Acord Certificates of Insurance and faxed Form Es and Hs are unacceptable as evidence of insurance.

 The proof of insurance must be filed with the:

   Compliance Office, Bureau of Technical Utility
 Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Payment of the fine must be made to the Commonwealth of Pennsylvania and should be forwarded to:

    Rosemary Chiavetta, 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 the evidence of insurance from your insurer, and upon receipt of your payment, the Complaint proceeding shall be closed.

 D. If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the proposed penalty in this Complaint, 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 in this Complaint.

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

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Ellas Limo, Inc.;
Doc. No. C-2012-2029746

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 Ellas Limo, Inc. (respondent) is under suspension effective 2008/02/25 for failure to maintain evidence of insurance on file with this Commission.

 2. That respondent maintains a principal place of business at 3801 Bensalem Boulevard, Bensalem, PA 19020.

 3. That respondent was issued a Certificate of Public Convenience by this Commission on September 09, 2005, at A-00121390.

 4. That respondent has failed to maintain evidence of 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 pays the penalty of $500 and 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 Investigation and Enforcement will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at A-00121390 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.

 Respectfully submitted,

David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, David W. Loucks, Chief, Motor Carrier Enforcement, Bureau of Investigation and Enforcement, 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 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: 8/1/2012

 David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 and by paying the fine proposed in the Complaint by certified check or money order 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

 Acord Certificates of Insurance and faxed Form Es and Hs are unacceptable as evidence of insurance.

 The fine payment must be made to the Commonwealth of Pennsylvania and 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 the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.

 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.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 12-2292. Filed for public inspection November 21, 2012, 9:00 a.m.]



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