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PA Bulletin, Doc. No. 04-2215

NOTICES

Service of Notice of Motor Carrier Applications

[34 Pa.B. 6621]

   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 January 3, 2005. 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-00121242. Yakov Kogan (136 Forge Lane, Feasterville, Bucks County, PA 19053)--persons, in limousine service, between points in the Counties of Bucks, Chester and Montgomery, and from points in said counties, to points in Pennsylvania, and return.

   A-00121261. Limousine Service by Conway, Inc. (12 Donna Drive, Factoryville, Lackawanna County, PA 18419), a corporation of the Commonwealth of Pennsylvania--persons, in limousine service, between points in the Counties of Susquehanna, Wyoming and Lackawanna, and from points in said counties, to points in Pennsylvania, and return. Attorney: W. Boyd Hughes, 1421 E. Drinker Street, Dunmore, PA 18512.

Application 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 the application.

   A-00113582, Folder 2, Am-B. Concord Limousine, Inc., t/d/b/a Concord Coach Taxi (2752 Mount Carmel Avenue, Glenside, Montgomery County, PA 19038), a corporation of the Commonwealth of Pennsylvania--inter alia--persons, upon call or demand: (1) in the Bala-Cynwyd Section of Lower Merion Township, Montgomery County, between the Schuylkill River on the east and Wynnewood Avenue on the west and extending to Rock Hill Road, Bryn Mawr Avenue and Montgomery Avenue on the north and from points in that area to other points in Pennsylvania, and vice versa; all transportation to be on call by telephone to the carrier's office; and (2) in that part of the City of Philadelphia, Philadelphia County, beginning at the intersection of City Line Avenue and 52nd Street, thence continuing south along 52nd Street to Wynnefield Avenue, thence continuing south along Wynnefield Avenue to Belmont Avenue, thence continuing south along Belmont Avenue to its intersection with Montgomery Avenue, thence continuing in an easterly direction along Montgomery Avenue until the same intersects with the Schuylkill River, thence continuing in a northerly direction to City Line Avenue and the place of beginning; all transportation to be upon call by telephone to the carrier's office: So As To Permit persons and their baggage upon call or demand: (1) in the City of Allentown, the Townships of South Whitehall, North Whitehall, Whitehall, Salisbury, Lower Macungie, Upper Macungie and Hanover, and the Boroughs of Emmaus and Fountain Hill, all located in the County of Lehigh; and (2) the City of Bethlehem, located in the Counties of Northampton and Lehigh, the Townships of Bethlehem and Lower Saucon, and the Boroughs of Freemansburg and Hellertown, said townships and boroughs all located in the county of Northampton.

Application 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 the application.

   A-00113735, Folder 1, Am-A. Valvano's Limousine, Inc. (R. D. 1, Box 476 A, Whites Ferry Road, Falls, Wyoming County, PA 18615), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--persons, in limousine service, between points in Pennsylvania.

   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. John R. Altland, Jr., t/a Big A. Trucking; Doc. No. A-00118541C

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 John R. Altland, Jr., t/a Big A. Trucking, respondent, maintains his principal place of business at P. O. Box 242, York New Salem, PA 17371.

   2.  That respondent was issued a certificate of public convenience by this Commission on February 15, 2002, at Application Docket No. A-00118541.

   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 2002, 2003 and 2004.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) 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-00118541.

               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. 04-2215. Filed for public inspection December 10, 2004, 9:00 a.m.]



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