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PA Bulletin, Doc. No. 08-777

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[38 Pa.B. 1913]
[Saturday, April 19, 2008]

   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 May 5, 2008. 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-2008-2026483. Clifford H. Huffman (P. O. Box 91, Rural Valley, Armstrong County, PA 16249), for the right to begin to transport persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Indiana, Armstrong and Clearfield, to points in Pennsylvania, and return.

   A-2008-2034318. Foster Gary Watson (300 Vincent Avenue, Watsontown, Northumberland County, PA 17777)--for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, from points in the Counties of Lycoming, Montour, Northumberland, Snyder and Union, to points in Pennsylvania and return.

   A-2008-2034920. The New Yellow Cab, LLC (P. O. Box 1523, Harrisburg, Dauphin County, PA 17105), a limited liability company of the Commonwealth--persons, upon call or demand in the Counties of Dauphin, Cumberland and York. Application for temporary authority has been filed at A-2008-2034930 seeking the right cited previously.

Application 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-2008-2031366. Corporate Sedan Service, LLC (660 Means Avenue, 2nd Floor, Allegheny County, Pittsburgh, PA 15202), a limited liability company of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the Counties of Armstrong, Beaver, Blair, Butler, Cambria, Centre, Crawford, Erie, Fayette, Indiana, Lawrence, Mercer, Somerset, Venango, Washington and Westmoreland, and from points in said counties and the County of Allegheny, to points in Pennsylvania, and return. Attorney: David M. O'Boyle, Wick, Streiff, Meyer, O'Boyle & Szeligo, P.C., 1450 Two Chatham Center, Pittsburgh, PA 15219-3427.

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

   A-2008-2024260. Roberta J. Repine, t/d/b/a Repine Travel (2412 Spruce Road, Cherry Tree, Indiana County, PA 15724)--brokerage license--to arrange for the transportation of persons between points in Pennsylvania.

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

   A-2008-2034726. Airport Limousine Service, Inc. (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of 100 shares of issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. Attorney: Michael J. McShea, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

   A-2008-2034727. Pittsburgh Cab Company, Inc. (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of 100 shares of issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. Attorney: Michael J. McShea, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

   A-2008-2034740. Yellow Cab Company of Pittsburgh (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of 44,457 shares of issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. Attorney: Michael J. McShea, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

   A-2008-2034758. Airlines Acquisition Company, Inc. (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of 2,000 shares of issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. Attorney: Michael J. McShea, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

   A-2008-2034768. Pittsburgh Transportation Group Charter Services, Inc. (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of 1,000 shares of issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. Attorney: Michael J. McShea, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.

Application of the following for the 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-00108954. William Penn Inn Limousine Service, Inc. (Route 202 and Sumneytown Pike, P. O. Box 6, Gwynedd, Montgomery County, PA 19436), a corporation of the Commonwealth--persons in limousine service, from the facilities of the William Penn Inn at Gwynedd, Lower Gwynedd Township, Montgomery County, to points in the Counties of Montgomery, Bucks, Chester and Delaware and the City and County of Philadelphia, and vice versa;

   Subject to the following condition:

   That all transportation provided under the authority granted herein shall be restricted to the transportation of patrons of the William Penn Inn.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Beninati Transport Corporation; Doc. No. C-2008-2030760

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 Beninati Transport Corporation, respondent, maintains its principal place of business at 220 Hemlock Road, Trafford, PA 15085.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on August 20, 1998, at Application Docket No. A-00114310.

   3.  On August 27, 2007, Enforcement Officer Andrew Rosenberger, a duly authorized enforcement officer of this Commission, attempted to reach respondent by telephone to schedule its annual small passenger inspection; the telephone number was disconnected. On September 7, 2007, Officer Rosenberger visited respondent's place of business at 220 Hemlock Road, Trafford, Pennsylvania. Homeowner, Donnalee Plecenik answered the door and informed Officer Rosenberger that she had lived at this address for the last nine years and that Paula Beninati who had owned the limousines had sold the home to her and moved to Arizona without providing a forwarding address. A review of our records indicated that respondent reported a ''0'' balance on its last assessment report which was filed in 2005.

   4.  That respondent, by failing to file an application to discontinue limousine service with this Commission, 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 Beninati Transport Corporation's certificate of public convenience at A-00114310.

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 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                              

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. 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.  If you file an Answer which admits or fails to deny the allegation of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. Should the Commission cancel your Certificate of Public Convenience, it may impose an additional fine of up to $1,000.

   D.  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 optional fine set forth above.

   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. 08-777. Filed for public inspection April 18, 2008, 9:00 a.m.]



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