Service of Notice of Motor Carrier Applications [33 Pa.B. 4381] 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 September 22, 2003. 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-00120051 AAA Cab Co. (67 King Street, Pottstown, Montgomery County, PA 17464), a corporation of the Commonwealth of Pennsylvania--persons upon call or demand in the Borough of Pottstown, Montgomery County, and within an airline distance of 15 statute miles of the limits thereof. Attorney: R. Kurtz Holloway, P. O. Box 657, Pottstown, PA 19464.
A-00120055. Choice Cab Company (1311 Robinwood Drive, Clarion, Clarion County, PA 16214), a corporation of the Commonwealth of Pennsylvania--persons, in airport transfer service, from points in the Counties of Forest, Clarion, Venango, Jefferson, Butler, Elk, Indiana and Armstrong, to the Pittsburgh International Airport located in the Township of Moon, Allegheny County. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.
A-00120055, Folder 2. Choice Cab Company (1311 Robinwood Drive, Clarion, Clarion County, PA 16214), a corporation of the Commonwealth of Pennsylvania--persons upon call or demand in the Counties of Armstrong, Butler, Clarion, Elk, Forest, Indiana, Jefferson and Venango. Attorney: Ray F. Middleman, 117 VIP Drive, Suite 310, Wexford, PA 15090.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under the application.
A-00120053. Peter Sabia, Sr., Peter Sabia, Jr., and Lisa Calciano, Copartners, t/d/b/a Peter's Garage (400 Calvin Street, Dunmore, Lackawanna County, PA 18512)--persons, in limousine service, between points in Pennsylvania; which is to be a transfer of all the rights authorized under the certificate issued at A-00081736, F. 4 to Peter Sabia and Dominick Sabia, t/d/b/a Peter's Garage, subject to the same limitations and conditions.
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-00120065. Fun Time Travel, Inc. (6 Fosterville Road, Greensburg, Westmoreland County, PA 15601), a corporation of the Commonwealth of Pennsylvania--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-00049926, Folder 5005. The Yellow Cab Company of Pittsburgh (1301 Beaver Avenue, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of all of the issued and outstanding shares of stock (44,457 shares) from Stagecoach Holdings, PLC. to YC Holdings, Inc. Attorney: Ray F. Middleman, 117 VIP Drive, Suite 310, Wexford, PA 15090.
A-00112577, Folder 5002. Airport Limousine Service, Inc. (4001 Clairton Road, West Mifflin, Allegheny County, PA 15122), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of all of the issued and outstanding shares of stock (100 shares) from Stagecoach Holdings, PLC. to YC Holdings, Inc. Attorney: Ray F. Middleman, 117 VIP Drive, Suite 310, Wexford, PA 15090.
A-00116130, Folder 5000. Pittsburgh Transportation Company (1301 Beaver Avenue, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of all of the issued and outstanding shares of stock (1,000 shares) from Coach USA, Inc. to YC Holdings, Inc. Attorney: Ray F. Middleman, 117 VIP Drive, Suite 310, Wexford, PA 15090.
Complaint Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Douglas R Carey, T/A D. C. Trucking, 841 Brickcrafters Road, New Oxford, PA 17350; A-00116236C
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 Douglas R. Carey, T/A D. C. Trucking, respondent, maintains its principal place of business at 841 Brickcrafters Road, New Oxford, PA 17350.
2. That respondent was granted a Certificate of Public Convenience on March 30, 2001, at Docket No. A-00116236. That on February 7, 2003, the Certificate of Public Convenience was cancelled. On the date of the violation alleged in this complaint, respondent did not hold a certificate of public convenience issued by this Commission.
3. That respondent, on March 11, 2003, at approximately 8:46 a.m., at 512 Lake Meade Dr., York County, Pennsylvania, permitted a certain 1996 Kenworth Trailer bearing Pennsylvania License No. YLW3319, Vehicle Identification No. 7318711NKDLBOX6TJ, to be operated. At that time, Enforcement Officer John W. Bumstead found said vehicle to be transporting ash for recycling from York, Pennsylvania to Tower City, Pennsylvania, for $160.00 compensation.
4. That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent transported property for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission. Penalty is $500.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Douglas R. Carey, T/A D. C. Trucking, the sum of five hundred dollars ($500.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265VERIFICATION 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. HoffmanNOTICE 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 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 (3) 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 (20) days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. In such case, the Bureau of Transportation and Safety will request that the Commission direct the Department of Transportation, pursuant to the Vehicle Code, 75 Pa.C.S. § 1375, to suspend the registration of any vehicle(s) involved in the alleged violations.
C. You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration(s), you must file an application for authority with the Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265. If no application is received within the twenty (20) day time period, the Bureau of Transportation will proceed with the request for suspension of your vehicle registration(s).
D. 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 (see B).
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 optional fine set forth in C, above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-1726. Filed for public inspection August 29, 2003, 9:00 a.m.]
