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PA Bulletin, Doc. No. 97-1494

NOTICES

Service of Notice of Motor Carrier Applications

[27 Pa.B. 4799]

   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. 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 6, 1997 as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protests shall also indicate whether it applies to the temporary authority application or the permanent application or both.

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

   A-00106639, Folder 5000.  Norristown Transportation Company (41 Burnside Avenue, Norristown, Montgomery County, PA 19403), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of all the issued and outstanding 100 shares of stock from Francis J. Smith with 50 to Patricia M. Chermela and 50 to Bonnie R. Geist. Attorney: Raymond A. Thistle, Jr., Suite 3, 726 Fitzwatertown Road, Willow Grove, PA 19090-1390.

   A-00100317, F. 5000.  Conshohocken Yellow Cab Co., Inc. (41 Burnside Avenue, Norristown, Montgomery County, PA 19403), a corporation of the Commonwealth of Pennsylvania--stock transfer--approval of the transfer of all issued and outstanding stock from the estate of Francis J. Smith (100 shares) to Patricia M. Chermela (50 shares) and Bonnie R. Geist (50 shares). Attorney: Raymond A. Thistle, Jr., Suite 3, 726 Fitzwatertown Road, Willow Grove, PA 19090-1390.

   A-00013766, F. 5000.  Norristown Yellow Cab Co., Inc. (41 Burnside Avenue, Norristown, Montgomery County, PA 19403), a corporation of the Commonwealth of Pennsylvania--stock transfer--approval of the transfer of all issued and outstanding stock from the estate of Francis J. Smith (100 shares) to Patricia M. Chermela (50 shares) and Bonnie R. Geist (50 shares). Attorney: Raymond A. Thistle, Jr., Suite 3, 726 Fitzwatertown Road, Willow Grove, PA 19090-1390.

   A-00114166.  Donald H. Gerstner (R. D. 5, Box 584, Mount Pleasant, Westmoreland County, PA 15666)--household goods in use, between points in the city of Pittsburgh, Allegheny County, and within an airline distance of 40 statute miles of the limits of said city, and from points in said territory, to points in Pennsylvania.

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 household goods as described under each application.

   A-00114166.  Donald H. Gerstner (R. D. 5, Box 584, Mount Pleasant, Westmoreland County, PA 15666)--household goods in use, between points in the city of Pittsburgh, Allegheny County, and within an airline distance of 40 statute miles of the limits of said city, and from points in said territory, to points in Pennsylvania.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00114202.  Montrose Minute Men, Inc. (Rear, 55 Grow Avenue, Montrose, Susquehanna County, PA 18801), a corporation of the Commonwealth of Pennsylvania--persons, in paratransit service, between points in Susquehanna County, and from points in said county, to points in Pennsylvania, and return. Attorney: Michael Giangreco, 26 Public Avenue, Montrose, PA 18801.

   A-00114170.  Harley Evans Jeter, Sr. (6022 Kershaw Street, Philadelphia, Philadelphia County, PA 19151)--persons, in paratransit service, from points in the city and county of Philadelphia, to all State and Federal Correctional Institutions, located in Pennsylvania, and return.

   A-00114161.  North Pocono Bus Co., Inc. (R. R. 3, 3367 F, Moscow, Lackawanna County, PA 18447), a corporation of the Commonwealth of Pennsylvania--persons in group and party service, between points in the county of Lackawanna, and those portions of Pike and Wayne Counties lying on and south of Interstate Highway Route 84 and west of State Route 191 from Exit 6 of Interstate Highway Route 84 to Newfoundland and west of State Route 447 from Newfoundland to the Monroe County Line, and from points in said territory, to points within an airline distance of 60 statute miles of the limits of said territory; subject to the following condition: that all service must be provided in transit-style school-type buses having a minimum seating capacity of 78 persons. Application for temporary authority has been filed at A-00114161, seeking the right cited above. Attorney: W. Boyd Hughes, 1421 East Drinker Street, Dunmore, PA 18512.

   A-00114206.  Leon S. Parker (Wellsboro Road, P. O. Box 447, Tioga, Tioga County, PA 16946)--persons, in limousine service, between points in the county of Tioga, and from points in said county, to points in Pennsylvania, and vice versa. Application for temporary authority hs been filed at A-00114206, seeking the right to transport persons, in limousine service, between points in the County of Tioga, and from points in said county, to points in Pennsylvania, and return.

   A-00114212.  William Gist, t/a Bill Gist Car Service (1300 Federal Street, Pittsburgh, Allegheny County, PA 15212)--persons, upon call or demand, in the city of Pittsburgh, Allegheny County.

Applications 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 each application.

   A-00090011, Folder 2, Am-B. Ridall Bus Lines, Inc. (R. D. 3, Shickshinny, Luzerne County, PA 18655), a corporation of the Commonwealth of Pennsylvania, inter alia--groups and parties of persons from the borough of Shickshinny, Luzerne County, the townships of Briar Creek, Benton and Fishing Creek, Columbia County, and the townships of Conyngham, Hollenback, Salem, Nescopeck, Union, Ross, Fairmount and Huntingdon, Luzerne County, to points in Pennsylvania; So as to permit the transportation of persons, in group and party service, between points in the townships of Lake and Lehman, Luzerne County, and from points in said townships, to points in Pennsylvania. Attorney: James D. Campbell, Jr., 3631 North Front Street, Harrisburg, PA 17011-1533.

   A-00105306, F. 1, Am-B.  Barry J. Testa, t/d/b/a Hollywood Limousine Service. (414 Harrison Avenue, Greensburg, Westmoreland County, PA 15601)--inter alia, to transport, by motor vehicle, persons in limousine service between points in the counties of Westmoreland and Fayette, and from said counties to points in the county of Allegheny, and from points in the county of Allegheny to points in the counties of Fayette and Westmoreland; subject to the following conditions: (a) that no right, power or privilege is granted to transport persons for funeral homes, funeral directors, or funeral businesses, between points in Westmoreland County; and (b) that no right, power or privilege is granted to transport persons from or to the Westmoreland County Airport, located in Unity Township, Westmoreland County, and from or to the Allegheny County Airport, located in the borough of West Mifflin, Allegheny County: So as to permit the transportation of persons in limousine service from points in the counties of Westmoreland and Fayette to points in Pennsylvania, and (2) from the Westmoreland County Airport, located in Unity Township, Westmoreland County, to points in Westmoreland County, and vice versa. Attorney: John A. Pillar, 1106 Frock Building, Pittsburgh, PA 15219.

Applications of the following for approval amendment of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under each application.

   A-00108503, Folder 1, Am-C.  Gary L. Arndt, t/a A Limousine Service (57 Greismere Street, Pittsburgh, Allegheny County, PA 15223)--persons in limousine service, from points in the county of Allegheny, to other points within an airline distance of 60 statute miles of the limits of the city of Pittsburgh, Allegheny County, and vice versa; subject to the following conditions: (1) that no right, power or privilege is granted to render service to or from Westmoreland County; and (2) that no right, power or privilege is granted to originate service at points in the townships of Wilmington, Pulaski, Washington and Plain Grove and the boroughs of New Wilmington and Volant, Lawrence County; the townships of Shenango, Wilmington, Springfield, Liberty, Pine, Wolf Creek, Findley, East Lackawannack, Lackawannack and Hickory and the boroughs of West Middlesex, Grove City and Mercer, Mercer County; the township and borough of Slippery Rock, Butler County; and the townships of Darlington, Big Beaver, North Sewickley, Franklin and the boroughs of Darlington, New Galilee, Koppel, Homewood and West Mayfield, Beaver County; which is to be a transfer of all of the right authorized under the certificate issued at A-00108197 to The Limo Center, Ltd., subject to the same limitations and conditions. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

Application of the following for approval amendment of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods by transfer of rights as described under each application.

   A-00108345, Folder 1, Am-A.   Montoursville Moving and Storage, Inc. (R. D. 3, Box 678, Mansfield, Tioga County, PA 16933), a corporation of the Commonwealth of Pennsylvania--(1) household goods, in use, from points in the city of Wilkes-Barre, Luzerne County, and within 3 miles of the limits of said city, to other points in Pennsylvania, and vice versa; and (2) household goods, in use, from points in the city of Pittston, Luzerne County, and the area within 3 miles of the limits of said city, excluding the boroughs of Exeter and Wyoming, Luzerne County, to points in Pennsylvania, and vice versa; which is to be a transfer of part of the rights authorized under the certificate issued at A-00081935, F. 3, Am-A to City Delivery Service, Inc., a corporation of the Commonwealth of Pennsylvania, subject to the same limitations and conditions. Attorney: John E. Fullerton, 212 Locust Street, Suite 500, P. O. Box 9500, Harrisburg, PA 17108.

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 household goods by transfer as described under each application.

   A-00114221.  O'Brien Transportation, Inc. (40 Walnut Street, Reading, Berks County, PA 19606), a corporation of the Commonwealth of Pennsylvania--(1) household goods in use, between points in the city of Reading, Berks County, and within 3 miles of the limits of the said city, and from points in the city of Reading, Berks County, and within 3 miles of the limits of said city, to other points in Pennsylvania, and vice versa; and (2) property, except household goods in use, between points in Pennsylvania; which is to be a transfer of all of the rights issued to Bruce Hunsberger, t/d/b/a Brown's Transfer, under the certificate issued at A-00106561, subject to the same limitations and conditions. Application for temporary authority filed seeking the same rights cited above. Attorney: Jana R. Barnett, 1238 Cleveland Avenue, Wyomissing, PA 19610-2102.

Motor Carrier Applications--Property, Excluding Household Goods in Use

   The following applications for the authority to transport property, excluding household goods in use, between points in Pennsylvania, have been filed with the Pennsylvania Public Utility Commission. Public comment to these applications may be filed, in writing with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265 on or before September September 29, 1997.

A-00103054 F. 2Richard H. Frantz
HCR 1, Box 405,
Brodheadsville, PA 18322
A-00114199 Gerald Brussell, Jr.
HCR Box 313, Damascus, PA 18415
A-00114200Daniel V. Paul, t/d/b/a D & J Transport P. O. Box 20, Uniontown, PA 15401:
William A. Gray, Esquire, Vuono & Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383
A-00114201Thomas Vincent Harrity, t/d/b/a Business to Business Transport
P. O. Box 1478, Cranberry Township, PA 16066-0478
A-00114208 K. D. Burns, Inc.
R. R. 2, Box 280, Route 107, Jermyn, PA 18433: Eugene Daniel Lucas, Esquire,
1425 Green Ridge Street, Dunmore, PA 18509
A-00114209 Mark H. Johnson, t/d/b/a L & M Johnson Trucking
P. O. Box 266, Sugar Grove, PA 16350-0266
A-00114203 Stoltz Trucking, Inc.
P. O. Box 203, Myerstown, PA 17067: Robert L. Knupp, 407 North Front Street, Harrisburg, PA 17108-1848
A-00114204A.E.R. Construction, Inc.
P. O. Box 1032, Cranberry Township, PA 16066-0832
A-00114205Jerome M. Golden, III, t/d/b/a ANJ Contractors
313 Forest Avenue, Willow Grove, PA 19090
A-00114207James C. Williams, Inc.
3368 West Ridge Pike, Pottstown, PA 19464
A-00114225James H. Wachs, t/d/b/a Jade Transit Lines 280 Wachs Road, West Newton, PA 15089
A-00114226 Wright Motor Lines, Inc.
P. O. Box 79, Old Route 22, Armagh, PA 15920
A-00114227 Earl Ziegler, t/d/b/a E-Z Office Trailer Transport
2024 South 3rd Avenue, Whitehall, PA 18052
A-00114228 Paul S. Messenger, t/d/b/a Messenger Trucking
R. D. #1, Box 29, Spring Creek, PA 16436
A-00114229 Iron City Express, Inc.
1260 Stoops Ferry Road, Coraopolis, PA 15108
A-00114230Douglas Wormuth, t/d/b/a Wormuth Flagstone
10 Stone Drive, Childs, PA 18407
A-00114231 Stephen C. Claar
R. R. 2, Box 1336, Clavsburg, PA 16625
A-00114232 OCI, Inc., t/d/b/a Graft Oil Company
P. O. Box 899, Connellsville, PA 15425
A-00114224 Severn L. Haney
R. R. 1, Box 867, Adrian, PA 16210
A-00114223Clinton W. Fegley, t/d/b/a C. Fegley's Garage
Box 58, Quakake, PA 18245
A-00114222 Frank D. Hudak, Frank D. Hudak Trucking
P. O. Box 63, Cyclone, PA 16726: Jeff Duke, Esquire, 222 West Washington, Bradford, PA 16701
A-00114218 Robert D. Spicer
R. R. Box 310, Osceola Mills, PA 16666
A-00113645, F. 2Richard Lawson Excavating, Inc.
3467 Washington Avenue, Finleyville, PA 15332: Jana L. Phillis, 8 East Pine Street, Washington, PA 15301
A-00114217 L.L.C. Utzran
900 High Street, Hanover, PA 17331: James L. Fritz, Esquire, 100 Pine Street, Harrisburg, PA 17108
A-00114216 Foster Crawford, t/d/b/a Foster Crawford Concrete
P. O. Box N, DuBois, PA 15801
A-00113557, F. 2 Jake E. Beiler, Jr.
116 Meadow Valley Road, Ephrata, PA 17522
A-00114219 William H. Piacenti, Jr., t/d/b/a BP&S Trucking
36 North Main Street, Beaver Brook, PA 18201
A-00111135, F. 2 James W. Heater
614 Jack Street, Greensburg, PA 15601
A-00114220 Carroll Independent Fuel Company
2700 Loch Raven Road, Baltimore, MD 21218: Charles E. Partridge, Jr., Esquire, One North Charles Street, Suite 1300, Baltimore, MD 21201

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Keri Corporation; Doc. No. A-00106653C9701

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. In response to the Federal Authorization Aviation Act of 1994, which, inter alia, amended the Interstate Commerce Act at 49 U.S.C. §§ 14501(c) and 41713(b), this Commission on December 20, 1994, issued an order at P-00940884 which set forth new application procedures for motor carriers of property. The order directed that former contract carriers of property would be deemed to be common carriers of property. As common carriers of property, they were now required to file evidence of cargo insurance with this Commission, as required by 52 Pa. Code § 32.13, in addition to bodily injury and property damage insurance, as required by 52 Pa. Code § 32.12.

   2. That by virtue of the Commission's order at Docket No. P-00940884, Keri Corporation, respondent, which has its principal place of business at P. O. Box 176, Maspeth, NY 11378, who held contract carrier authority at Docket No. A-00106653, was deemed to now hold common carrier authority.

   3. The Commission, by letter dated November 7, 1996, directed the respondent, to file acceptable evidence of cargo insurance.

   4. 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.

   5. That respondent has failed to maintain evidence of cargo insurance, in violation of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code § 32.13.

   6. That as a result of failure to maintain evidence of current cargo insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Commission revoke respondent's certificate of public convenience or order such other remedy as the Commission may deem to be appropriate.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke the certificate of public convenience held by Keri Corporation at Docket No. A-00106653, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
Joseph W. Farrell
Director, Bureau of
Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, Joseph W. Farrell, 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.
_________________
Joseph W. Farrell

DATE:______

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Edward Doyle Trucking, Inc.; Doc. No. A-00108653C9701

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 Edward Doyle Trucking, Inc., respondent, maintains a principal place of business at Industrial Highway #15, Lester, PA 19029.

   2. That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00108653.

   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 Commission revoke respondent's certificate of public convenience or order such other remedy as the Commission may deem to be appropriate.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke the certificate of public convenience held by Edward Doyle Trucking, Inc. at Docket No. A-00108653, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
Joseph W. Farrell
Director, Bureau of
Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, Joseph W. Farrell, 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.
_________________
Joseph W. Farrell

DATE:______

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Cleveland General Transport Co., Inc.; Doc. No. A-000923228C9701 F. 2

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. In response to the Federal Authorization Aviation Act of 1994, which, inter alia, amended the Interstate Commerce Act at 49 U.S.C. §§ 14501(c) and 41713(b), this Commission on December 20, 1994, issued an order at P-00940884 which set forth new application procedures for motor carriers of property. The order directed that former contract carriers of property would be deemed to be common carriers of property. As common carriers of property, they were now required to file evidence of cargo insurance with this Commission, as required by 52 Pa. Code § 32.13, in addition to bodily injury and property damage insurance, as required by 52 Pa. Code § 32.12.

   2. That by virtue of the Commission's order at Docket No. P-00940884, Cleveland General Transport Co., Inc., respondent, which has its principal place of business at 1 Van Street, Staten Island, NY 10310, who held contract carrier authority at Docket No. A-00092328, F. 2, was deemed to now hold common carrier authority.

   3. The Commission, by letter dated November 6, 1997, directed the respondent, to file acceptable evidence of cargo insurance.

   4. 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.

   5. That respondent has failed to maintain evidence of cargo insurance, in violation of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code § 32.13.

   6. That as a result of failure to maintain evidence of current cargo insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Commission revoke respondent's certificate of public convenience or order such other remedy as the Commission may deem to be appropriate.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke the certificate of public convenience held by Cleveland General Transport Co., Inc. at Docket No. A-00092328, F. 2, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
Joseph W. Farrell Director,
Bureau of
Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, Joseph W. Farrell, 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.
_________________
Joseph W. Farrell

DATE:______

JAMES J. McNulty,   
Acting Secretary

[Pa.B. Doc. No. 97-1494. Filed for public inspection September 12, 1997, 9:00 a.m.]



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