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PA Bulletin, Doc. No. 06-1048

NOTICES

Service of Notice of Motor Carrier Applications

[36 Pa.B. 2889]
[Saturday, June 10, 2006]

   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 July 3, 2006. 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-00122733. Fredrick R. Yoder (428 Hickory Lane, Belleville, Mifflin County, PA 17004)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Mifflin to points in Pennsylvania, and return.

   A-00122750. Carol Jean Bronner t/a Way Out of No Way (P. O. Box 30235, Elkins Park, Montgomery County, PA 19027)--persons, in paratransit service, from points in the County of Philadelphia, to points in Pennsylvania and return.

   A-00122748. Wayne R. and Donna M. Cunningham, Tenants by Entirety (1728 Fern Glen Drive, Drumore, Lancaster County, PA 17518)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122747. James Edward Winkelmann (835 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, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122743. Richard L. Fisher (P. O. Box 42, Bart, Lancaster County, PA 17503)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122731. Judy L. Bogar (P. O. Box 163, New Berlin, Union County, PA 17855)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Union and Snyder to points in Pennsylvania, and return.

   A-00122810. William F. March t/a Eagle Valley Transportation (2298 William Penn Way, Lancaster, Lancaster County, PA 17601)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00122816. Louis Bianco (15 West Acacia Street, Hazleton, Luzerne County, PA 18201)--persons, upon call or demand, between points in the City of Hazleton, Luzerne County, and within an airline distance of 12 statute miles of the limits of the City of Hazleton.

   A-00122786, F.2. Jerome Miller (154 Johnson Road, Delta, York County, PA 17314)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Lancaster, York and Chester, to points in Pennsylvania, and return. Attorney: Andrea S. Anderson, Esquire, 901 Delta Road, Red Lion, PA 17356.

   A-00122821. Deborah A. Haney t/a Anthracite Personal Care Agency (545 North Third Street, Minersville, Schuylkill County, PA 17954)--persons, in paratransit service, from points in the County of Schuylkill, to points in Pennsylvania and return.

   A-00122818. Brookville Limousine Service, LLC (5268 Route 322, Brookville, Jefferson County, PA 15825)--persons, in limousine service, between points in the County of Jefferson and an area within 30 statute miles of the borders of said county, to points in Pennsylvania, and return. Attorney: Patricia Armstrong, 212 Locust Street, Suite 500, Harrisburg, PA 17101.

   A-00122837. Hugh A. McKnight (265 McKnight Road, McClure, Fayette County, PA 17841)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Snyder to points in Pennsylvania, and return.

   A-00122838. Miroslav Ayrapetian (2249 Brigade Road, Enola, Cumberland County, PA 17025)--persons upon call or demand, in the City of Harrisburg, Steelton, Highspire and Middletown, all located in Dauphin County.

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-00122387, F.2. Steven E. Kolesar t/a Epic Limousine (510 Hemlock Court, Coraopolis, Allegheny County, PA 15108)--persons in limousine service, between points in Pennsylvania, excluding service between points in Allegheny County; which is to be a transfer of all the rights authorized under the certificate issued at A-00107066, F.3, to Willard A. Wilkinson t/a Wilkinson Bus Lines, subject to the same limitations and conditions. Attorney: John A. Pillar, Esquire, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

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-00122548. Fusaro Brothers, Inc. (117 Leedom Avenue, Bala Cynwyd, Montgomery County, PA 19006) a corporation of the Commonwealth--for the right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand, from points in Lower Merion bounded by the Schuylkill River on the east, Spring Mill Road on the north, the Montgomery County line on the west and City Line Avenue on the south; which is to be a transfer of all of the rights authorized under the certificate issued at A-00101815, F.1 and A-00101815, F.1, Am-A to Maxwell Taxicab Company, subject to the same limitations and conditions. Attorney: David P. Temple, Esquire, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.

   A-00122817. Stephen V. Taylor and James J. Sonberger t/a West Penn Coach (3945 Neville Avenue, Pittsburgh, Allegheny County, PA 15224)--persons in limousine service, between points in Pennsylvania, which is to be a transfer of all the limousine rights authorized under the certificate issued at A-00117885, F.1 and F.1, Am-A to John W. Caldwell t/a Caldwell's Airport and Sedan Service, subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

   A-00122824. Trans-Med Ambulance, Inc. (100 Dilley Street, Forty Fort, Luzerne County, PA 18704), a corporation of the Commonwealth--persons, in paratransit service, between points in the Counties of Lackawanna, Luzerne, Monroe and Wyoming; which is to be a transfer of the rights authorized under the certificate issued at A-00111634, F.1, Am-A to Homer A. Berlew and Frederick R. Buckman, Copartners, t/a Trans-Med Ambulance/Wheelchair Van Service, subject to the same limitations and conditions.

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-00122529, F.2. Founders Crossing, Inc. (P. O. Box 533, Bedford, Bedford County, PA 15522), a corporation of the Commonwealth--for the additional right to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the County of Bedford, to points in Pennsylvania, and return.

   A-00122529, F.3. Founders Crossing, Inc. (P. O. Box 533, Bedford, Bedford County, PA 15222)--a corporation of the Commonwealth--for the additional right to transport, as a common carrier, by motor vehicle, persons in paratransit service from points in the County of Bedford to points in Pennsylvania, and return.

   A-00117849, F.3. Barry J. Grife t/a Park Place Limousine Service (P. O. Box 480, Doylestown, Bucks County, PA 18901)--for the additional right to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Bucks and Montgomery and the City and County of Philadelphia, to points in Pennsylvania, and return.

   A-00100766, F.4. Allegheny Limousines, Inc (326 Lucille Street, Pittsburgh, Allegheny County, PA 15218), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, (1) from points in the Counties of Beaver, Butler, Fayette, Washington and Westmoreland, to points in Pennsylvania, and return; (2) from points in the County of Allegheny, to points in Pennsylvania, excluding points in said county, and return. Attorney: David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219.

Applications of the following for amendment to the contract carrier permit approving the operation of motor vehicles as contract carriers for transportation of persons as described under each application.

   A-00105054, F.2, Am-B. Byers Taxi Service, Inc. (115 Franklin Avenue, Vandergrift, Westmoreland County, PA 15690), a corporation of the Commonwealth--temporary authority--to transport, as a common carrier, by motor vehicle, persons in paratransit service, from points in the Cities of Arnold, Lower Burrell and New Kensington, to points in Pennsylvania, and return. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228-1925.

   A-00105054, F.2, Am-B. Byers Taxi Service, Inc. (115 Franklin Avenue, Vandergrift, Westmoreland County, PA 15690)--inter alia--persons, in paratransit service, between points in the Boroughs of Vandergrift, East Vandergrift and West Leechburg and the Townships of Allegheny, Washington and Upper Burrell, Westmoreland County; the Boroughs of Leechburg, North Apollo and Apollo and the Townships of Kiskiminetas, Parks, Gilpin, Burrell, Bethel and South Bend, Armstrong County and to points in the Counties of Allegheny, Armstrong, Butler, Indiana and Westmoreland, and return: So As To Permit the transportation of persons in paratransit service between points in the Cities of New Kensington, Arnold and Lower Burrell, Westmoreland County, and from points in said cities to points in Pennsylvania, and return. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

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-00112271, F.2. Glamour Moving Company, Inc. (1285 Landing Lane, Westminster, MD 21157)--household goods in use, from points in the Counties of Lancaster, Franklin, Adams and York, to points in Pennsylvania.

   A-00122753, F.2. Lexington Moving and Storage Co. (105 Lexington Road, York, York County, PA 17402)--household goods in use, from points in the County of York, to points in Pennsylvania, and vice versa.

   A-00122822. Roger L. Most, Sr. t/a Mountain Movers (664 South Edgewood Avenue, Suite 300, Somerset, Somerset County, PA 15501)--household goods in use, from points in the County of Somerset, to points in Pennsylvania, and vice versa. Attorney: James M. Jacobs, Jr., 166 East Union Street, Somerset, PA 15501.

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 by transfer of rights as described under each application.

   A-00122823. Jeremy Caldwell (266 East Catherine Street, Somerset, Somerset County, PA 15501)--household goods in use, between points in the County of Somerset; which is to be a transfer of the rights authorized under the certificate issued at A-00106164 to Ralph L. Lishia t/a Somerset Movers, subject to the same limitations and conditions. Attorney: Matthew R. Zatko, 202 East Union Street, Somerset, PA 15501.

Applications of the following for the 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-00094980. Kenneth J. Leahey (5349 Portage Street, Lilly, Cambria County, PA 15938)--discontinuance of service--household goods and office furnishings, in use, from points in the Borough of Lilly, Cambria County, and within an airline distance of 5 statute miles of the limits of the said borough to points within an airline distance of 15 statute miles of the limits of said borough, and vice versa.

   A-00119467. Anthony Aspromonte t/d/b/a ACA Limousine Service (1252 Echo Lake Road, Tobyhanna, Monroe County, PA 18466)--certificate of public convenience for the discontinuance of the right to transport, as a common carrier by motor vehicle: Persons in limousine service, between points in the Counties of Monroe, Pike and Carbon, and from points in said counties, to points in Pennsylvania, and return.

   A-00103670, F.3, Am-C. S & S Transit, Inc. (400 Eden Park Boulevard, McKeesport, Allegheny County, PA 15132), a corporation of the Commonwealth--certificate of public convenience for the discontinuance of the right to transport, as a common carrier by motor vehicle: Persons in paratransit service, from points in the Cities of New Kensington, Arnold and Lower Burrell, Westmoreland County, to points in the Counties of Westmoreland and Allegheny, and return; subject to the following conditions: That no right, power, or privilege is granted to provide service to or from the Greater Pittsburgh International Airport.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. System of Services, Inc. t/a SOS Taxi & Fantasy Limo; Doc. No. A-00108826C0601, Fs. 1, 2, 3, 4 and 5

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Common-wealth 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 System of Services, Inc., t/a SOS Taxi &  Fantasy Limo, respondent, maintains its principal place of business at 28 Georgetown Lane, Beaver, PA 15009.

   2.  That respondent was issued a certificate of public convenience by this Commission on November 2, 1990, at Application Docket No. A-00108826 for call or demand authority, on March 13, 1990, at Application Docket No. A-00108826, F2 for airport transfer authority, on July 27, 1993, at Application Docket No. A-00108826, F3 for property authority, on June 30, 1993, at Application Docket No. A-00108826, F4 for paratransit authority, and on December 13, 2000, at Application Docket No. A-00108826, F5 for limousine authority.

   3.  That 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. Respondent has not reported intrastate revenue for the years 2004 and 2005.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, failed to comply with the January 11, 1999 Commission Decision at P-981458 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-00108826, Fs. 1, 2, 3, 4 and 5.

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). 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 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include 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, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which may include 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.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-1048. Filed for public inspection June 9, 2006, 9:00 a.m.]



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