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PA Bulletin, Doc. No. 01-808

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[31 Pa.B. 2446]

   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 (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 May 29, 2001, as set forth at 52 Pa. Code § 3.381 (relating to applications for the 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 amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under each application.

   A-00110198, Folder 1, Am-A Mid-County Transportation Service, Inc. (P. O. Box 1488, Lansdale, Montgomery County, PA 19446), a corporation of the Commonwealth of Pennsylvania. This application seeks the right to transport persons in paratransit service between points in the boroughs of Hatfield, Lansdale, Souderton, Telford, Ambler and North Wales, and the townships of Upper Gwynedd, Lower Gwynedd, Whitpain, Montgomery, Worcester, Towamencin, Lower Salford, Hatfield, Franconia and Skippack, all located in Montgomery County: Which is to be in lieu of its common carrier authority at A-00110198 which reads as follows: persons in paratransit service, between points in the boroughs of Hatfield, Lansdale, Souderton and Telford and the townships of Hatfield, Upper Gwynedd, Montgomery and Towamencin, Montgomery County.

Notice of Motor Carrier Applications--Persons in Limousine Service

   The following applications for authority to transport persons in limousine service between points in Pennsylvania have been filed with the Pennsylvania Public Utility Commission. The applications will be considered without hearing in the absence of substantive protests limited to the issue of applicant fitness. Protests to these applications are due on or before May 29, 2001.

A-00114384, F. 2 Herbert L. Joseph, II
               t/d/b/a Jeunne Noire Enterprises of PA
423 Parkwood Road
Pittsburgh, PA 15210
A-00116758, F. 2 Diamond Coach, Inc.
               169 North Main Street
New Hope, PA 18938
               Attorney: John J. Gallagher
1760 Market Street, Suite 1100
Philadelphia, PA 19103
A-00117720, Folder 2 Overland Transit, Inc.
               1643 Marguret Street
Philadelphia, PA 19124
A-00117747 Allegheny Metro Limousine Services, Inc.
               P. O. Box 9091
Pittsburgh, PA 15224
A-00117748 Harper Transportation, Inc.
               2728 Espy Avenue
Pittsburgh, PA 15216
A-00117749 Elmwood Limo, Inc.
               6024 Elmwood Street
Philadelphia, PA 19142
               Attorney: John J. Gallagher
1760 Market Street
Suite 1100
Philadelphia, PA 19103
A-00117753 Atlantic Limousine Service, Inc.
               250 Beverly Boulevard, #E-107
Upper Darby, PA 19082
               Attorney: Michael Wolinsky
The Jefferson Building
1015 Chestnut Street, Suite 702
Philadelphia, PA 19107
A-00117754 Chareani, Inc.
               42 Victor Drive
Uniontown PA 15401
               Attorney: James E. Budzak
1223 Long Run Road
White Oak, PA 15131
A-00117755 Ruth Diane Sitlinger
               t/d/b/a Twilight Limousine Service
P. O. Box 459
Gratz, PA 17030
A-00117756 Joseph A. Miller
               t/d/b/a Gateway Limousine Service
4215 Main Street
Pittsburgh, PA 15224
A-00117758 MM Transportation, LLC
               t/d/b/a Yellow Limo
1405 Pike Street
Philadelphia, PA 19140
               Attorney: Jason Greshes
1207 Chestnut Street
Fifth Floor
Philadelphia, PA 19107
A-00117764 Unlimited Limo by George, Inc.
               3569 Bristol Pike
Building #1, Suite 102
Bensalem, PA 19020
               Attorney: John J. Gallagher
1760 Market Street
Suite 1100
Philadelphia, PA 19103

Service of Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. J. C. Smith Transport, Ltd.; Doc. No. A-00105621C0002

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 that:

   1.  J. C. Smith Transport, Ltd., respondent, maintains its principal place of business at 1334 Easton Road, P. O. Box 672, Warrington, Bucks County, Pennsylvania 18976.

   2.  Respondent was issued a certificate of public convenience by this Commission on May 14,1985, at Docket No. A-00105621.

   3.  As of February 1999, respondent had a prior assessment balance due of $246. On June 14, 1999, respondent's account was credited the amount of $246. A revised assessment was issued for $192.

   4.  On September 28, 1999, respondent was sent an initial 1999-2000 assessment of $198. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $390.

   5.  Respondent has outstanding assessments of $390. Furthermore, respondent does not have current evidence of insurance on file with this Commission.

   6.  Respondent failed to file objections to the assessments, pursuant to 66 Pa.C.S.A. § 510(c).

   7.  Respondent, by failing to pay the assessments, violated 66 Pa.C.S.A. § 510(c).

   8.  Respondent, by failing to maintain evidence of insurance on file with this commission, violated 52 Pa. Code §§ 32.2 and 32.11.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission cancel the certificate of public convenience issued to respondent, direct the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, notify the Pennsylvania Department of Revenue that respondent's certificate of public convenience have been revoked and notify respondent's insurance carrier that respondent's certificate of public convenience has been revoked.

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, Director

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 enter an order imposing the penalty set forth in the complaint.

   C.  You may elect not to contest this complaint by paying your outstanding assessments and by providing current evidence of insurance within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Bureau of Audits, Attention Steve Reed
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   D.  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 the Commission to enter an order imposing the penalty set forth in the complaint.

   E.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in this complaint.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-808. Filed for public inspection May 4, 2001, 9:00 a.m.]



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