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PA Bulletin, Doc. No. 07-1336

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 3505]
[Saturday, July 21, 2007]

   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 August 13, 2007. 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-00123627 (Corrected). Esther A. Shinski (P. O. Box 32, Gordonville, Lancaster County, PA 17529-0032)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points located within a 20 mile airline distance of carrier's domicile at 706 Georgetown Road, Paradise, Lancaster County, and from points in said territory to points in the County of Lebanon, and return.

   A-00123917. Kenneth Scott Cobb, t/a Kenny's Cab (3014 Derry Steet, Harrisburg, Dauphin County, PA 17111)--certificate of public convenience to begin to transport, as a common carrier, by motor vehicle, persons upon call or demand, from points in the Counties of Dauphin, York, Cumberland and Adams.

   A-00123920. A Vital Response, Inc. (550 State Road, Suite 105, Bensalem, Bucks County, Pennsylvania 19020)--persons in paratransit service from points in the Counties of Bucks, Montgomery, Philadelphia and Chester, to points in Pennsylvania, and return. Attorney: John M. Kenney, 308 Oxford Valley Road, Langhorne, PA 19047.

   A-00123933. Gheorghe Radu, t/a Checker Taxicabs Co. (3230 Asbury Road, Erie, Erie County, PA 16506)--persons, upon call or demand, in the County of Erie.

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-00123918. Paul J. Santomauro & Braden E. Snyder, Copartners, t/a Telos II, A General Partnership (212 Markey Street, Apt. 1., Lewisburg, PA 17837)--persons upon call or demand, in the Borough of Danville, Montour County; the Boroughs of Riverside, Milton and Watsontown, Northumberland County and Borough of Lewisburg, Union County, and within an airline distance of 5 statute miles of all limits in said municipalities; which is to be a transfer of all the rights authorized under the certificate issued at A-00113979, to Aurora Taxi, Inc., subject to the same limitations and conditions.

   A-00123925. P K Cab Co. (209 Avon Road, Upper Darby, Delaware County, PA 19082) a corporation of the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand, in the City and County of Philadelphia and that area bounded by a line beginning on the north of the Delaware River at the Philadelphia County line, thence northwardly, westwardly and southwestwardly along the Philadelphia County line to Philmont Avenue, thence southwestwardly along Philmont Avenue, Welsh Road, Valley Road, Washington Lane, Township Line to Glenside Avenue (excluding any portion of the Borough of Jenkintown), Easton Road, Church Road and Paper Mill Road to the Philadelphia County line (Stenton Avenue), thence westwardly along the Philadelphia County line and Blue Bell to Joshua Road, thence southwestwardly along Joshua Road to Cedar Grove Road, thence southeastwardly along Cedar Grove Road and the Schuylkill River joining the Philadelphia County line and continuing to Port Royal Avenue, thence across the Schuylkill River to Mill Creek Road, Montgomery County, thence southwestwardly along Mill Creek Road, Lancaster Avenue, Ardmore Avenue into Delaware County, and continuing along Ardmore Avenue, Ellis Road, Lawrence Road and Darby Creek Road to Darby Creek; thence southwardly along Darby Creek to State Road, thence southwardly along State Road, Springfield Avenue, Saxer Avenue, Baltimore Avenue, Woodland Avenue and Kedron Avenue to MacDade Boulevard, thence northeastwardly along MacDade Boulevard to Winona Avenue continuing in a straight line to the Delaware River, and thence northwardly along the Delaware River to the place of beginning and persons upon call or demand in the Boroughs of Norwood, Prospect Park, Ridley Park and Rose Valley, the Townships of Ridley, Tinicum, Nether Providence, the Village of Moylan and including Lester and Essington, all in Delaware County; and said area to points in Pennsylvania, limited to the use of one vehicle; which is to be a transfer of all the rights authorized under the certificate issued at A-00115592, to Gursharan Cab Co., subject to the same limitations and conditions.

Application of the following for amendment to the certificate of public convenience approving the operation 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-00123759, F2. Marco & Peter Auto Transit (1715 E. 13th Street, Philadelphia, Philadelphia County, PA 19148)--persons in paratransit service from points in the Counties of Philadelphia, Bucks, Delaware, Chester and Montgomery, to points in Pennsylvania, and return.

Applications of the following for approval to begin operating as a broker for transportation of persons as described under each application.

   A-00123929. Jack B. LaForte (1265 Rosecrest Avenue, Monessen, Westmoreland County, PA 15062)--brokerage license--for the transportation of persons between points in Pennsylvania.

   A-00123931. Lucia Calabrese Wargo, t/a Crackerjack Tours (P. O. Box 390, South Heights, Beaver County, PA 15081)--brokerage license--for the transportation of persons between points in Pennsylvania.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. New Leasing, Inc. t/a Executive Limo of Erie; Doc. No. A-00111534C0701

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 New Leasing, Inc. t/a Executive Limo of Erie, respondent, maintains a principal place of business at 8670 Peach St., Erie, PA 16509.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on April 17, 1995, at Application Docket No. A-00111534.

   3.  That upon attempting to schedule respondent's annual fleet inspection, it was determined that the respondent no longer operates the business and has not done so since 2004 when the equipment assets were sold to La Grande Elite Limousine at Docket Number A-00116326. There is no record of a certificate transfer and respondent's authority is still shown to be active with this Commission. Respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service.

   4.  That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, efficient, and safe service and reasonable 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-00111534.

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, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 that the Bureau will be able to prove 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    Division
Bureau of Transportation and Safety      

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 an order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  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 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) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1336. Filed for public inspection July 20, 2007, 9:00 a.m.]



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