NOTICES

Service of Notice of Motor Carrier Applications

[33 Pa.B. 3103]

   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 should 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, on or before July 21, 2003. 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-00119747, Folder 2. Mobility Professionals, Inc. (10 Holly Road, Richboro, Bucks County, PA 18934), a corporation of the Commonwealth--persons in airport transfer service, from points in the County of Bucks, to the Philadelphia International Airport, in the City and County of Philadelphia and Tinicum Township, Delaware County, and the Lehigh Valley International Airport, in the Township of Hanover, Lehigh County. Attorney:  Richard T. Mulcahey, Jr., Two Penn Center, Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia PA 19102-1890.

   A-00119861. Susan B. Veach t/d/b/a Adventure Tours of the Capital Region (682 Deer Court, Lewisberry, York County, PA 17339)--persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the Counties of Cumberland, Perry, Dauphin, York and Lancaster, and from points in said counties, to points in Pennsylvania, and return.

   A-00119860. Wayne Anderson Thompson (501 Parson Street, Pittsburgh, Allegheny County, PA 15204)--persons in limousine service, between points in the Counties of Allegheny and Beaver, and from points in said counties, to points in Pennsylvania, and return.

   A-00119867. John C. Taylor (2809 Rhawn Street, City and County of Philadelphia, PA 19152)--persons in paratransit service, from points in the City and County of Philadelphia, to all State and Federal correctional institutions in Pennsylvania, and return.

Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.

   A-00105688, Folder 2. Service Plus Delivery Systems (4730 Market Street, City and County of Philadelphia, PA 19139), a corporation of the Commonwealth--persons in paratransit service: (1) between points in the Townships of Lower Merion, Upper Merion, Lower Providence, Upper Providence and Perkiomen, and the Borough of Norritonville, Montgomery County, the Townships of Bensalem, Middletown, Newtown, Lower Makefield, Falls and Bristol, Bucks County, the City and County of Philadelphia, and the County of Delaware, and from points in said places, to points in the Counties of Montgomery, Bucks and Chester and return; and (2) between points in the Townships of Cheltenham and Abington, and the Boroughs of Wyncote, Jenkintown and Elkins Park, Montgomery County, and from points in said places, to points in the Counties of Philadelphia, Bucks, Montgomery, Delaware and Chester and return; which is to be a transfer of all of the rights authorized under the certificate issued at A-00106785, F. 3 to Metro Care, Inc., subject to the same limitations and conditions. Attorney:  John J. Gallagher, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.

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-00119864. AA Transit, Inc. (118 South Pugh Street, State College, Centre County, PA 16801), a corporation of the Commonwealth--persons upon call or demand in the County of Centre; which is to be a transfer of all the right held by Michael Basher, Jr. t/d/b/a Lion Country Management Group at A-00117446; subject to the same limitations and conditions. Attorney:  Virginia B. Eisenstein, The Towers, 403 S. Allen Street, Suite 210, State College, PA 16801.

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-00115729 Folder 3. Green's Taxi, Inc. (2079 Smith Township State Road, Burgettstown, Washington County, PA 15021), a corporation of the Commonwealth--persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the County of Washington, and from points in said county, to points in Pennsylvania, and return. Attorney:  Paul J. Walsh, P. O. Box 356, Slovan, PA 15078.

   A-00115729 Folder 4. Green's Taxi, Inc. (2079 Smith Township State Road, Burgettstown, Washington County, PA 15021), a corporation of the Commonwealth--persons in paratransit service: (1) between points in the County of Washington, and from points in said county, to points in Pennsylvania, and return; and (2) from points in the County of Allegheny, to other points in Pennsylvania, and return. Attorney: Paul J. Walsh, P. O. Box 356, Slovan, PA 15078.

Application of the following for certificate of public convenience approving the operation of motor vehicles as common carriers for the transportation of household goods as described under the application.

   A-00119720, Folder 2. Movin' Murdy, Inc. (392 Whittier Drive, Pittsburgh, Allegheny County, PA 15235), a corporation of the Commonwealth--household goods in use, between points in the County of Allegheny, and from points in said county, to points in Pennsylvania, and vice versa.

Applications of the following for amendment to the certificate of public convenience 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 each application.

   A-00113533, Folder 1, Am-A. Fayette County Community Action Agency, Inc. (140 N. Beeson Avenue, Uniontown, Fayette County, PA 15401), a corporation of the Commonwealth--discontinuance of service and cancellation of its certificate--persons in paratransit service, between points in the County of Fayette, and from points in said county, to points in the Counties of Allegheny, Greene, Washington and Westmoreland, and return: subject to the following conditions: (1) that no right, power or privilege is granted to provide service between points in the Boroughs of Belle Vernon, Fayette City and Perryopolis, and the Townships of Perry and Washington, Fayette County, and from said boroughs and townships to points in Pennsylvania within an airline distance of 50 statute miles of the limits of the City of Monessen, Westmoreland County; (2) that no right, power of privilege is granted to provide medical paratransit service which includes: (a) service involving the use of vehicles having emergency vehicle registration plates; (b) service involving equipment operated only by State certified emergency medical technicians; or (c) service involving the use of medical appliances or equipment, or medical escort during transport, which is provided by the applicant as part of the transportation service; provided, however, that this restriction does not apply to transportation for persons eligible for nontransportation service provided under other programs operated by the applicant or any corporation affiliated with the applicant.

   A-00118526, Folder 1, Am-A. Edward B. Warner t/d/b/a Endless Mountain Taxi (17 Chenango Street, Montrose, Susquehanna County, PA 18801)--discontinuance of service--of persons upon call or demand in the County of Susquehanna.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Rebecca Dale Gundlach, t/d/b/a Big Dog Trucking; Doc. No. A-0115665C F. 2

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 Rebecca Dale Gundlach, t/d/b/a Big Dog Trucking, respondent, maintains a principal place of business at P. O. Box 142, Geigertown, PA 19523.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on February 14, 2001, at Application Docket No. A-00115665, F. 2.

   3.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance and cargo insurance on file with this Commission.

   4.  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 causes its insurer to file evidence of insurance with this Commission within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00115665, F. 2, for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.

Respectfully submitted,

Michael E. Hoffman, 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

   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). 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 of the date of service, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter 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, Contract Carrier Permit, or Brokerage license, 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 within twenty days of the date of service of this Complaint. 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 evidence 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 imposing a penalty (see Paragraph B). 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 penalty set forth in Paragraph B.

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

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Muller Cab Corporation, 8545 Temple Road, Philadelphia PA 19150; Doc. No. A-00116048C03 P-298

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 Muller Cab Corporation, respondent, maintains its principal place of business at 8545 Temple Road, Philadelphia, Pennsylvania 19150.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 28, 1999, at Application Docket No. A-00116048.

   3.  That respondent's operating rights were suspended on August 27, 2002, for failure to maintain evidence of insurance on file with this Commission. The suspension was lifted October 1, 2002.

   4.  That respondent, on September 23, 2002, permitted a certain 1998 Ford taxicab bearing Pennsylvania License No. TX38880, Vehicle Identification No. 2FAFP71W8WX133235, Medallion No. P-298, to be operated.

   5.  That respondent, by operating its vehicle while under suspension for failing to maintain evidence of insurance on each of its vehicles used in providing service authorized by this Commission, violated 66 Pa.C.S. § 501(c) in that it failed to observe, obey and comply with a Commission regulation or order, and the terms and conditions thereof. Penalty is $1,000.00 and cancellation of its certificate of public convenience.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Muller Cab Corporation, the sum of one thousand dollars ($1,000.00) for the illegal activity described in this complaint and requests that the Commission revoke Muller Cab Corporation's certificate of public convenience at A-00116048.

Respectfully submitted,

Michael E. Hoffman, 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

   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. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

   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 a Secretarial Letter imposing a penalty (see B).

   D.  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 C, above.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

Complaint

DOUGLAS RALPH CAREY T/A
DC TRUCKING
841 BRICKCRAFTERS ROAD
NEW OXFORD PA 17350

Re:  Pennsylvania Public Utility Commission
      v.
      Douglas Ralph Carey, t/a D C Trucking
      A-00116236C0202
      A-00116236, F.2

   Dear Mr. Carey:

   On December 18, 2002, the Bureau of Transportation and Safety instituted a complaint against Douglas Ralph Carey, t/a D C Trucking, respondent, alleging respondent failed to achieve a satisfactory evaluation of their safety fitness review and, for failure to maintain adequate, efficient and safe service and facilities.

   The complaint specified that, if the respondent failed to answer the complaint within twenty (20) days from the date on which is was served, then the Bureau of Transportation and Safety would request the Commission to impose a penalty including suspension or cancellation of any certificate or permit the respondent may hold.

   The complaint was served on respondent on December 18, 2002, and returned December 23, 2002. On January 18, 2003, the complaint and notice were published in the Pennsylvania Bulletin; and, to date, more than thirty (30) days later, no response has been received from respondent.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained.

   The certificate of public convenience held by Douglas Ralph Carey, t/a D C Trucking, at A-00116236, F.2, is hereby revoked and that respondent cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of this Commission, 52 Pa. Code § 1.1, et seq. In view of the cancellation of respondent's certificate of public convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.

   Should respondent wish to again provide Pennsylvania intrastate transportation, the filing of a new application and the payment of a $100 fee is required. The application and fee shall be filed with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, and Harrisburg, PA 17105-3265.

James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 03-1299. Filed for public inspection June 27, 2003, 9:00 a.m.]

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