NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[31 Pa.B. 6126]

   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 (Commission). Publication of this notice shall be considered as sufficient notice to all carriers holding authority from this Commission. Applications will be considered without hearing in the absence of protests to the application. Protests to the applications published herein are due on or before November 26, 2001, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protest shall also indicate whether it applies to the temporary authority application or the permanent application or both.

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

   A-00118360.  Robert M. Romig (1 Old Rt. 522, Selinsgrove, Snyder County, PA 17870)--persons in paratransit service, between points in the counties of Centre, Montour, Snyder and Union, and from points in said counties, to points in Pennsylvania and return.

Application of the following for 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-00116151-F. 1-Am-A.  Catherine E. Hanchett, t/d/b/a Momma Bears' Taxi (54 Dry Run Road, Coudersport, Potter County, PA 16915)--discontinuance of service and cancellation of the certificate--persons upon call or demand in the county of Potter and the borough of Port Allegheny, McKean County.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Angela M. Lutgen, t/a Lefty's; Doc. No. A-00112093C01

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania, empowered to regulate motor carriers and brokers within this 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 Angela M. Lutgen, t/a Lefty's, respondent, maintains a principal place of business at 9496 East Main Road, Ripley, NY 14775.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00112093.

   3.  That pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code Chapter 32; respondent is required to maintain evidence of current insurance on file with this Commission.

   4.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance, in violation of the Public Utility Code and regulations cited in Paragraph 3 of this complaint.

   5.  That as a result of failure to maintain evidence of current insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Secretary of the Commission revoke respondent's certificate of public convenience.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the certificate of public convenience held by Angela M. Lutgen, t/a Lefty's at Docket No. A-00112093, for failure to maintain evidence of current insurance on file with the Commission.

Respectfully submitted,
                        Michael E. Hoffman, Acting Director
                        Bureau of Transportation and Safety
                        P. O. Box 3265
                        Harrisburg, PA 17105-3265

VERIFICATION

I, Michael E. Hoffman, 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: ______         __________Michael E. Hoffman            

Notice to Plead

   A.  You must file an answer within twenty (20) days of the date of service. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice to plead. 52 Pa. Code § 1.56(a). The answer must raise all factual and legal arguments that you wish to claim in your defense and must include the docket number of this Complaint. Your answer must be verified and the original and two (2) 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 as identified in Paragraph A. above, the Bureau of Transportation and Safety will request that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license or imposing such other remedy as may be appropriate.

   C.  In lieu of an answer, 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. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the proof of insurance from your insurer, the complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   D.  If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license.

   E.  If you file an answer which contests the complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.

DIPLOMAT LIMOUSINE SERVICE INC
7423 N 2TH STREET
PHILADELPHIA, PA 19138

In re:  A-00104714C0101
A-00104714

Dear Respondent:

   On September 21, 2001, the Bureau of Transportation and Safety instituted a complaint against Diplomat Limousine Service, Inc., respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00104714.

   The complaint and notice were published in the September 29, 2001 issue of the Pennsylvania Bulletin; to date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00104714C0101 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00104714 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.

James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1995. Filed for public inspection November 2, 2001, 9:00 a.m.]

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