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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 03-72

NOTICES

Service of Notice of Motor Carrier Applications

[33 Pa.B. 241]

   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). Formal protests and petitionsto intervene must be filed in accordance with 52 Pa. Code. Each protest should 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 February 3, 2003. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. to 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-00119467. Anthony Aspromonte t/d/b/a ACA Limousine Service (1252 Echo Lake Road, Tobyhanna, Monroe County, PA 18466)--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-00119468. Philadelphia Marriott West (111 Crawford Avenue, West Conshohocken, Montgomery County, PA 19428), a corporation of the Commonwealth--persons in group and party service, in vehicles seating 15 passengers or less, including the driver, who are registered guests of the Philadelphia Marriott West, from its facilities located in the Borough of West Conshohocken, Montgomery County, to points in the County of Montgomery, and the City and County of Philadelphia, and return.

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-00107792, Folder 1, Am-B. Pittsburgh Coach Corp. (69 Norman Street, Everett, MA 02149), a corporation of the State of Massachusetts, inter alia--persons in limousine service between points in Pennsylvania: So as to Permit persons in limousine service, between points in the County of Allegheny. Attorney: James W. Patterson, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, PA 19102-2186.

Application of the following for approval of the right to begin to operate as a broker for the transportation of persons as described under the application.

   A-00118764, Folder 2. Empire International, Ltd. t/d/b/a Empire Chauffeur Service (PO Box 423, Norwood, New Jersey 07648), a corporation of the State of New Jersey, for a brokerage license, evidencing the Commission's approval of the beginning of the right and privilege to operate as a broker, to arrange for the transportation of persons, between points in Pennsylvania. Attorney: Kenneth A. Olsen, 33 Philhower Road, Lebanon, NJ 08833.

Applications of the following for the approval of the transfer of stock as described under each application.

   A-00105650, Folder 5000. Robert B. Cellitti Moving & Storage, Inc. (249-269 Walnut Street, Sunbury, Northumberland County, PA 17801), a corporation of the Commonwealth--for the approval of the transfer of 502 shares of issued and outstanding shares held by Robert B. Cellitti to the following: 168 shares to Robert A. Cellitti, 167 shares to Todd R. Cellitti and 167 shares to Diane E. Jablonski. Attorney: Robert E. Diehl, Jr., 1070 Market Street, Sunbury, PA 17801.

   A-00100359, Folder 5001. Baker's Transportation Services, Inc. (1400 West First Street, Oil City, Venango County, PA 16301), a corporation of the Commonwealth--for the approval of the transfer of 100 shares of issued and outstanding shares held by Nancy L. Baker, deceased, to the following: 25 shares to Donald L. Baker, 25 shares to Debora L. Sanford, 25 shares to Darlene L. Baker and 25 shares to Diane L. Matthews. Attorney: Michael D. Snyder, 314 West Park Street, Franklin, PA 16323.

Complaint

   Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. James J. Kelly and James R. Kelly t/a James J. Kelly & Son; Doc. No. A-00099407C02, A-00099407

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 James J. Kelly and James R. Kelly, t/a James J. Kelly & Son, respondent, maintains its principal place of business at R.D. 1, Box 118, Eighty Four, PA 15330.

   2.  That respondent was issued a certificate of public convenience by this Commission on December 3, 1975, at Application Docket No. A-00099407.

   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 1999, 2000 and 2001.

   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-00099407.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts 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:  _______________________
Michael E. Hoffman

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 a Secretarial Letter 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 a Secretarial Letter 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.

Complaint

   Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. William T. Simmons; Doc. No. A-00028367C02

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 Wiliam T. Simmons, respondent, maintains his principal place of business at 327 North 5th St., Lehighton, PA 18235.

   2.  That respondent was issued a certificate of public convenience by this Commission on November 12, 1935, at Docket No. A-00028367.

   3.  That, on September 10, 2002, respondent was sent an initial assessment of $64 for 2002. Respondent failed to pay the full amount of this assessment; therefore, a balance was due in the amount of $64.

   4.  That, on August 17, 2001, respondent was sent an initial assessment of $38 for 2001. Respondent failed to pay the full amount of this assessment; therefore, a balance was due in the amount of $38.

   5.  That respondent has an outstanding assessment of $102.

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

   7.  That respondent, by failing to pay the assessments, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   WHEREFORE, unless respondent pays the overdue assessments in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1)  cancels the Certificate of Public Convenience issued to respondent, (2)  directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3)  notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4)  notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5)  imposes an additional fine on the respondent.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, hereby state that the facts 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:  _______________________
Michael E. Hoffman

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). 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 a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment 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 Administrative Services,
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 issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   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 Paragraph B.

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

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 03-72. Filed for public inspection January 10, 2003, 9:00 a.m.]



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