1823 Service of notice of motor carrier applications

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[31 Pa.B. 5623]

   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 October 29, 2001, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protest shall also indicate whether it applies to the temporary authority application or the permanent application or both.

Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.

   A-00118274. Primo Transportation, Inc. (2914 N. 5th Street, city and county of Philadelphia, PA 19133), a corporation of the Commonwealth of Pennsylvania, to transport persons in paratransit service, from points in the city and county of Philadelphia, to all State Correctional Institutions located in Pennsylvania, and return. Attorney:  Hae Yeon Baik, 2333 Fairmount Avenue, Philadelphia, PA 19130.

   A-00118275. Hollidaysburg American Legion Ambulance Service, Inc. (P. O. Box 461, Hollidaysburg, Blair County, PA 16648), a corporation of the Commonwealth of Pennsylvania, to transport, as a common carrier, by motor vehicle, in paratransit service, ambulatory and nonambulatory persons, in vehicles equipped with wheelchair lift and stretcher, between points in the county of Blair, and from points in said county, to points in Pennsylvania, and return.

   A-00118278. South Central Emergency Medical Services, Inc. (8065 Allentown Boulevard, Harrisburg, Dauphin County, PA 17112), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the county of Dauphin, and from points in said county, to points in Pennsylvania, and return. Attorney:  Christie M. Mellott, 5002 Lenker Street, Suite 202, Mechanicsburg, PA 17050.

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 the application.

   A-00116740, Folder 2. South Hills Carriages, Inc. (250 Bower Hill Road, Venetia, Washington County, PA 15367), a corporation of the Commonwealth of Pennsylvania--additional right--persons in group and party service in vehicles seating 15 passengers or less, including the driver: (1) between points in the counties of Washington and Fayette, and from points in said counties, to points in Pennsylvania, and return; and (2) from points in the county of Allegheny, to points in Pennsylvania, and return.

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 October 29, 2001.

A-00110575, F. 2.	River Park Cab Co., Inc. 2612 Virginia Lane Jamison, PA 18929
	Attorney:  Michael S.Henry Eleven Penn Center, Suite 515 1835 Market Street Philadelphia, PA 19103
A-00117312, F. 3.	Entertainment Transportation Associates, Inc. t/d/b/a E. T. A. Limousine Service PMB 195, 100 Springdale Road Suite A-3 Cherry Hill, NJ 08003
A-00118263	Avalon Limousine, LLC 830 Montgomery Avenue, Suite 114 Bryn Mawr, PA 19010
A-00118264	Yankee Limousine, Inc. t/d/b/a Yankee Limousine 1129 W. Main Street Stroudsburg, PA 18360
A-00118265	United Limousine Service, Inc. 3247 Frankford Avenue Philadelphia, PA 19134
	Attorney:  John J. Gallalgaher Suite 1100 1760 Market Street Philadelphia, PA 19103
A-00118268	William Matthew Sullivan t/d/b/a Casual Executive Car Service 18 Lunar Lane Moon Township, PA 15108
A-00118279	John Chapman t/d/b/a Chapman's Limousine Service 3303 Iowa Street Pittsburgh, PA 15219
A-00118282	Mark A. Cooper t/d/b/a PrimeTyme Limousine Service 213 Maple Street Suite C-37 Horsham, PA 19044

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Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Diplomat Limousine Service, Inc.; Doc. No. A-00104714C01 F.1

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania, empowered to regulate motor carriers and brokers 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 Diplomat Limousine Service, Inc., respondent, maintains a principal place of business at 7423 N. 20th Street, Philadelphia, PA 19138.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00104714, F. 1.

   3.  That pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code Chapter 32; respondent is required to maintain evidence of current insurance on file with this Commission.

   4.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance, in violation of the Public Utility Code and regulations cited in Paragraph 3 of this complaint.

   5.  That as a result of failure to maintain evidence of current insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Secretary of the Commission revoke respondent's certificate of public convenience.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the certificate of public convenience held by Diplomat Limousine Service, Inc. at Docket No. A-00104714, F. 1, for failure to maintain evidence of current insurance on file with the Commission.

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

Verification

   I, Michael E. Hoffman, 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: ______
______
Michael E. Hoffman

Notice to Plead

   A.  You must file an answer within twenty (20) days of the date of service. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice to plead. 52 Pa. Code § 1.56(a). The answer must raise all factual and legal arguments that you wish to claim in your defense and must include the docket number of this Complaint. Your answer must be verified and the original and two (2) 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 of the date of service as identified in Paragraph A. above, the Bureau of Transportation and Safety will request that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license or imposing such other remedy as may be appropriate.

   C.  In lieu of an answer, you may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the proof of insurance from your insurer, the complaint proceeding shall be closed. ACORD Certificates of Insurance are unacceptable as evidence of insurance.

   D.   you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license.

   E.  f you file an answer which contests the complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at [phone].

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PETRO-CHEMICAL TRANSPORT INC
P O BOX 7002
ADDISON TX 75001-7002

      In re: A-00111442C0101
      A-00111442

Dear Respondent:

   On July 17, 2001, the Bureau of Transportation and Safety instituted a complaint against Petro-Chemical Transport, Inc., respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00111442.

   The complaint and notice were published in the August 18, 2001 issue of the Pennsylvania Bulletin; to date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00111442C0101 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00111442 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.

James J. McNulty
Secretary

____

VERMACK ENTERPRISES INC
105 N KEYSER AVENUE
OLD FORGE PA 18518

      In re: A-00114954C0101
      A-00114954

Dear Respondent:

   On July 17, 2001, the Bureau of Transportation and Safety instituted a complaint against Vermack Enterprises, Inc., respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00114954.

   The complaint and notice were published in the August 18, 2001 issue of the Pennsylvania Bulletin; to date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00114954C0101 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00114954 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.

James J. McNulty
Secretary

____

CCI CONSTRUCTION CO INC
2500 OLD GETTYSBURG ROAD
CAMP HILL PA 17011-7507

      In re: A-00115110C0001
      A-00115110

Dear Respondent:

   On April 11, 2000, the Bureau of Transportation and Safety instituted a complaint against CCI Construction Co., Inc., respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00115110.

   The complaint and notice were served on the respondent on or about April 13, 2000; to date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00115110C0001 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00115110 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.

James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1823. Filed for public inspection October 5, 2001, 9:00 a.m.]