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PA Bulletin, Doc. No. 99-1941

NOTICES

Service of Notice of Motor Carrier Applications

[29 Pa.B. 5890]

   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. Publication of this notice shall be considered as sufficient notice to all carriers holding authority from this Commission. Applications will be considered without hearing in the absence of protests to the application. Protests to the applications published herein are due on or before December 6, 1999, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protests shall also indicate whether it applies to the temporary authority application or the permanent application or both.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00116333. Berwick Area Ambulance Association, Inc. (P. O. Box 111, Berwick, Columbia County, PA 18603), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the counties of Montour, Columbia and Luzerne, and from points in said counties, to points in Pennsylvania, and vice versa. Attorney:  Jeffrey P. Ouellet, 305 North Front Street, 5th Floor, P. O. Box 1003, Harrisburg, PA 17108-1003.

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-00116336.  Royal Star Limo, L.L.C. (407 Muir Avenue, Hazleton, Luzerne County, PA 18201), a limited liability company of the Commonwealth of Pennsylvania--persons in limousine service, between points in the city of Hazleton, Luzerne County, and within an airline distance of 35 statute miles of the limits of said city, and from points in said city and territory, to points in Pennsylvania, and return; which is to be a transfer of all of the right authorized under the certificate issued at A-00111783, F.2 to Royal Star Limousine Service, Inc., subject to the same limitations and conditions. Attorney:  John P. Rodgers, 15 Public Square, Suite 210, Wilkes-Barre, PA 18701.

Applications of the following for approval of the right and privilege to partially discontinue/abandon operating as common carriers by motor vehicle for the transportation of household goods in use and property as described under each application.

   A-00092905, Folder 2, Am-B. Crossman's Van & Storage Co., Inc. (7138 Chew Avenue, P. O. Box 51222, Philadelphia, Philadelphia County, PA 19115), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--(1) household goods in use: (a) between points in the city and county of Philadelphia; (b) from points in the city and county of Philadelphia to other points in Pennsylvania; and (c) from points in the city and county of Philadelphia, to points within 25 miles by the usually traveled highways of Philadelphia City Hall, and vice versa; and (2) property, except household goods in use, between points in Pennsylvania.

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   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Leonard A. Moon, t/d/b/a Blue Moon Limousine Service; doc. no. A-00108472C99, A-00108472, F.2

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within this 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 Leonard A. Moon, t/d/b/a Blue Moon Limousine Service, respondent, maintains his principal place of business at Route 6, P. O. Box 96, Hawley, Wayne County, Pennsylvania 18428.

   2.  That respondent was issued a certificate of public convenience by this Commission on December 4, 1992, at Application Docket No. A-00108472, F.2.

   3.  That respondent failed to maintain evidence of insurance on file with this Commission.

   4.  That on or before August 4, 1999, respondent abandoned or discontinued service without having first filed an application with this Commission.

   5.  That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 52 Pa. Code §§ 33.2 and 32.11 and 66 Pa.C.S. § 512.

   6.  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).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Leonard A. Moon, t/d/b/a Blue Moon Limousine Service's certificate of public convenience at A-00108472, F.2.

Respectfully submitted,
George T. Mahan, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, George T. Mahan, 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

_________________
George T. Mahan

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). 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 a Secretarial Letter imposing a penalty. The penalty could include the revocation of your certificate of public convenience or other remedy.

   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 a Secretarial Letter imposing a penalty (see B).

   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 Technical Unit at (717) 783-5945.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 99-1941. Filed for public inspection November 12, 1999, 9:00 a.m.]



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