NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[34 Pa.B. 929]

   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 8, 2004. 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-00120423.  David D. Chapman (17 South 11th Street, Mifflinburg, Union County, PA 17844)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Union, and from points in said county, to points in Pennsylvania, and return.

   A-00120429.  Lawrence J. Williams t/d/b/a New Castle Cab Company (17 N. Greenwood Avenue, New Castle, Lawrence County, PA 16101)--persons, upon call or demand, in the Counties of Lawrence and Mercer.

   A-00120433.  Accurate Limousine, LLC (12 Raintree Road, Chadds Ford, Chester County, PA 19317), a limited liability company of the Commonwealth--persons, in limousine service, between points in the County of Chester, and from points in said county, to points in Pennsylvania, and return.

   A-00120419.  Chester City Cab Company (107 West 23rd Street, Chester, Delaware County, PA 19013)--persons upon call or demand in the City of Chester, Delaware County, and within an airline distance of 5 statute miles of the limits thereof.

   A-00120418.  Robert J. Hartley (736 Beatty School Road, Greenville, Mercer County, PA 16125)--persons in paratransit service, between points in the Counties of Crawford and Mercer, and from points in said counties, to points in Pennsylvania, and return, limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles.

   A-00120440.  Michael G. and Dawn M. Phillips (773 Lancaster Pike, Quarryville, Lancaster County, PA 17566)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.

Applications of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under each application.

   A-00119348, F.1, Am-A.  Jadco Enterprises, Inc. t/a Sterling Limousine (12 Penns Trail, Newtown, Bucks County, PA 18940), a corporation of the Commonwealth--persons in limousine service between points in Pennsylvania: So As To Permit the transportation of persons in limousine service, between points in Allegheny County. Attorney: Barry L. Gross, 547 East Washington Avenue, Newtown, PA 18940.

   A-00118810, F.1, Am-A.  Felix M. Szczepanski t/d/b/a J. B. Taxi (233 Midland Avenue, Midland, Beaver County, PA 15059)--persons upon call or demand in the Borough of Midland, Beaver County: So As To Permit the transportation of persons upon call or demand in Beaver County.

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-00120425.  Hughes Limousine Service, Inc. (150 John Street, Kingston, Luzerne County, PA 18704), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania; which is to be a transfer of all the rights authorized under the certificate issued at A-00107620 to Thomas P. Hughes t/d/b/a Hughes Limousine Service, subject to the same limitations and conditions. Attorney: Francis J. Hoegen, 152 South Franklin Street, Wilkes-Barre, PA 18701.

   A-00120431.  Beverly Hills Limousine, Inc. (P. O. Box 425, Mt. Joy, Lancaster County, PA 17552), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania; which is to be a transfer of the rights authorized under the certificate issued at A-00106733, F.4 to Johnson Bus, Inc., subject to the same limitations and conditions. Attorney: J. Bruce Walter, Rhoads & Sinon, LLP, P. O. Box 1146, Harrisburg, PA 17552.

   A-00120441.  DAV-EL New Jersey, Inc. (200 Second Street, Chelsea, MA 02150), a corporation of the State of New Jersey--persons in limousine service, between points in Pennsylvania; which is to be a transfer of all the rights authorized under the certificate issued at A-00108396 to Elite Limousine, Ltd., subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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-00112993, Folder 3.  Lock Haven Taxi, Inc. (14 East Main Street, Lock Haven, Clinton County, PA 17745), a corporation of the Commonwealth--persons in paratransit service, between points in the City of Lock Haven, the Boroughs of Flemington, Mill Hall, Beech Creek, Avis, Loganton, Renovo and South Renovo, and the Townships of Allison, Bald Eagle, Beech Creek, Castanea, Chapman, Colebrook, Crawford, Dunnstable, East Keating, Gallagher, Greene, Grugan, Lamar, Leidy, Logan, Wayne, West Keating and Woodward, all located in Clinton County, and from points in said territory, to points in Pennsylvania, and return.

   A-00118809, Folder 3.  Carol J. Ahmed (2526 Shingletown Road, State College, Centre County, PA 16801)--persons, in group and party service, in vehicles seating 11 to fifteen 15 passengers, including the driver, between points in the County of Centre, and from points in said county, to points in Pennsylvania, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Allegheny Coach, Inc.; Doc. No. A-00114415C

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 ALLEGHENY COACH, INC., respondent, maintains its principal place of business at 11 MAYVIEW ROAD, LAURENCE, PA 15053.

   2.  That respondent was issued a certificate of public convenience by this Commission on December 7, 1998, at Docket No. A-00114415.

   3.  That, on August 15, 2003 respondent was sent an initial assessment of $151.00. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $151.00.

   4.  That respondent has an outstanding assessment of $151.00.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   7.  That respondent, by failing to maintain evidence of insurance on file with this commission, violated 52 Pa. Code §§ 32.2 and 32.11.

   WHEREFORE, unless respondent pays the overdue assessment in full 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 an Order which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes an additional fine on the respondent.

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, 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:  ______	_________________
	Wendy J. Keezel, Chief of Enforcement

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, 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, 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 paying your outstanding assessment within twenty (20) days and 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. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Administrative Services
Attention Steve Reed
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   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 the Commission to issue 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 penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 04-277. Filed for public inspection February 13, 2004, 9:00 a.m.]

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