NOTICES
Service of Notice of Motor Carrier Applications
[40 Pa.B. 952]
[Saturday, February 13, 2010]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 1, 2010. 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-2009-2139829. Auto Effects Motor Sports, Inc. (191 9th Street, Monaco, Beaver County, PA 15061)—a corporation of the Commonwealth of Pennsylvania—in Group and Party service, in vehicles seating 11 to 15 passengers, including the driver, from points in Allegheny and Beaver Counties, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.
A-2010-2155661. Taxi Express, LLC (403 North Newberry Street, Apartment 201, York, York County, PA 17401)—a limited liability corporation of the Commonwealth—in call or demand service, in York County. Attorney: Sandra Thompson, P. O. Box 2361, York, PA 17405.
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 each application.
A-2010-2155021. Modern Motor Coaches, Inc. d/b/a Modern Piano Moving (992 Highway D, Sullivan, MO 63080)—household goods in use, limited to pianos and organs, between points in Pennsylvania.
A-2010-2155597. Sharp Estate Services LLC (11155 Silverthorn Road, Edinboro, Erie County, PA 16412)—a limited liability corporation of the Commonwealth— household goods in use, between points in Pennsylvania.
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 George DeLallo Company, Inc., Respondent, maintains its principal place of business at 1592 Roseytown Road, Greensburg, PA 15601.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on May 17, 1995 at Application Docket No. A-00111855.
3. That Respondent did not submit a PA PUC Assessment Report for calendar year 2006 and reported zero intrastate revenue for calendar year 2007. On April 6, 2009 this Commission received Respondent's 2008 Assessment Report, which was signed by Philip M. Polsinelli, an officer of the company. It also reported zero PA PUC regulated intrastate revenue. Therefore, Respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered.
4. That Respondent, by failing to submit a letter to this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(5) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Respondent's Certificate of Public Convenience at A-00111855.
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
Motor Carrier Services and Enforcement
Bureau of Transportation and Safety
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). 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 copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty days, a Secretarial Letter will be issued which imposes a penalty, including the revocation of your Certificate of Public Convenience.
C. If you file an Answer which admits or fails to deny the allegations of the Complaint, a Secretarial Letter will be issued which imposes a penalty, including the revocation of your Certificate of Public Convenience.
D. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.
E. 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.
JAMES J. McNULTY,
Secretary
[Pa.B. Doc. No. 10-309. Filed for public inspection February 12, 2010, 9:00 a.m.]
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