Service of Notice of Motor Carrier Applications [40 Pa.B. 501]
[Saturday, January 16, 2010]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 February 1, 2010. 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-2009-2149966. Supreme Transportation, Inc. (406 East Marshall Street, Norristown, Montgomery County, PA 19401), a corporation of the Commonwealth, persons in limousine service from points in Montgomery and Chester Counties to points in Pennsylvania, and return, excluding services that are under the jurisdiction of the Philadelphia Parking Authority.
A-2009-2150004. SMZ Ventures, Inc., t/a Medical Transport Services (MTS) (403 Jefferson Avenue, Tyrone, Blair County, PA 16686), a corporation of the Commonwealth, persons in paratransit service, primarily in stretchers and wheelchairs, between points in Blair, Centre and Huntingdon Counties.
A-2009-2150228. 4 Way Traffic, LLC (36 Osage Road, Claymont, DE 19703), a corporation of the State of Delaware and a registered limited liability company with the Commonwealth, persons in paratransit service, from points in the City and County of Philadelphia to points in Pennsylvania, and return.
A-2010-2150857. MED Express Ambulance, Inc., t/a MED Express Ambulance (7442 Rockwell Avenue, Philadelphia, PA 19111)—a corporation of the Commonwealth, persons, in paratransit service, from points in the City and County of Philadelphia, to points in Pennsylvania, and return. Attorney: Robert W. Small, Berlinger & Small, Suite 200, 1494 Old York Road, Abington, PA 19001.
A-2010-2151021. Bensalem Transport, Inc., t/a Diamond Cab Company (3300 State Road, Bensalem, Bucks County, PA 19020)—a corporation of the Commonwealth, persons, upon call or demand, in the Townships of Bensalem, Bristol, Falls, Lower Makefield, Lower Southampton, Middletown, and the Boroughs of Bristol, Hulmeville, Langhorne, Langhorne Manor, Morrisville, Penndel and Tullytown, all in Bucks County, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: Rana M. Taj, Taj & Taj, Suite 206, The Constitution Building, 1950 Street Road, Bensalem, PA 19020.
A-2010-2151052. American Life Ambulance, LLC (3580 Progress Drive, No. O, Bensalem, Bucks County, PA 19020)—a limited liability company of the Commonwealth, persons, in paratransit service, between points in the Counties of Bucks, Philadelphia and Montgomery.
Applications of the following for the approval of the right and privilege to discontinue/abandon oper-ating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under each application.
A-2009-2150022. Louis A. Galzerano, III, t/d/b/a Galzerano Limo Service (430 Radcliffe Street, Bristol, Bucks County, PA 19007), for discontinuance of service and cancellation of its Certificate as a common carrier, by motor vehicle, authorizing the transportation of persons in limousine service, for Louis A. Galzerano, II Funeral Home, between points in the Borough of Bristol, Bucks County, and from points in the said borough to other points in Bucks County, and vice versa and for Galzerano Funeral Homes which are located in the City and County of Philadelphia, between points in the City and County of Philadelphia; subject to the following condition: that the service authorized is limited to the transportation of persons attending funerals or in funeral processions.
A-2010-2150794. Pocono Limousine Service, Inc., (Route 611 N, P. O. Box 340, Mt. Pocono, Monroe County, PA 18344) a corporation of the Commonwealth—for the discontinuance of service and cancellation of its certificate as a common carrier, by motor vehicle, authorizing the transportation of persons in airport transfer service from points in the County of Monroe, and within an airline distance of ten statute miles of the limits thereof, to airport facilities within the said territory, and from points in said territory, to the Wilkes-Barre/Scranton Airport, located in the Township of Pittston, Luzerne County, the Allentown-Bethlehem-Easton Airport, located in the Township of Hanover, Lehigh County, and the Philadelphia International Airport located in the City and County of Philadelphia and the Township of Tinicum, Delaware County, and vice versa.
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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Thomas J. Melick;
Doc. No. C-2009-2127131COMPLAINT 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 Thomas J. Melick, Respondent, maintains his principal place of business at 4727 Hatfield Street, Pittsburgh, PA 15201-2911.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on March 1, 1977, at Application Docket No. A-00099994.
3. That Respondent reported zero PA PUC intrastate revenue for calendar years 2006 and 2007. On March 30, 2009, this Commission received Respondent's 2008 Assessment Report, which was signed by Thomas J. Melick, owner of the company. It also reported zero PA PUC regulated intrastate revenue. Therefore, 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.
4. That Respondent, by failing to submit a letter to this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(5) and 66 Pa.C.S. § 1102(a)(2) 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-00099994.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Wendy J. Keezel, 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: ______ _________________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement
Bureau of Transportation and SafetyNOTICE 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 17105-3265B. If you fail to answer this Complaint within twenty days, a Secretarial Letter will be issued which imposes a penalty, including 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, a Secretarial Letter will be issued which imposes a penalty, including 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. If you have questions regarding this Complaint, or if you would like an alternative format of this Complaint for persons with disabilities, please contact the Compliance Office at (717) 787-1227.
JAMES J. McNULTY,
Secretary[Pa.B. Doc. No. 10-129. Filed for public inspection January 15, 2010, 9:00 a.m.]
