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PA Bulletin, Doc. No. 96-1321

NOTICES

Service of Notice of Motor Carrier Applications

[26 Pa.B. 3904]

   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 September 3, 1996, 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 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 each application.

   A-00113199. Lisa A. Steinbugl, t/d/b/a Classic Limousine Service (1403 Jefferson Avenue, Altoona, Blair County, PA 16602), persons in limousine service between points in Blair County, and from points in said county to points in Pennsylvania and return; which is to be a transfer of the rights authorized under the certificate issued at A-00109268 to Floyd W. Musselman, t/d/b/a Classic Limousine Service, subject to the same limitations and conditions.

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-00112977. Bobby Bullet Productions, Inc. (11737 Old Route 16, Rouzerville, Franklin County, PA 17250), a corporation of the Commonwealth of Pennsylvania--persons on schedule, between the boroughs of Waynesboro and Chambersburg, Franklin County, the borough of Gettysburg, Adams County, and the city of Harrisburg, Dauphin County, over the following routes: beginning in the borough of Waynesboro, Franklin County, thence over borough streets to PA Route 316, thence north on PA Route 316 to its intersection with Interstate Route 81, thence north on Interstate Route 81 to the borough of Chambersburg, Franklin County, thence east on U. S. Route 30 to the borough of Gettysburg, Adams County, thence over borough streets to PA Route 116, thence south of PA Route 116 to its intersection with PA Route 16, thence west on PA Route 16 through the borough of Waynesboro, Franklin County, the place of beginning. Spur route: beginning in the borough of Waynesboro, Franklin County, thence west by PA Route 116 to the borough of Greencastle, Franklin County, thence over borough streets to PA Route 116 and its intersection with Interstate Route 81, thence north on Interstate 81, to the city of Harrisburg, Dauphin County, and return by the same routes. Spur route: beginning in the borough of Chambersburg, Franklin County, thence over various borough streets to U. S. Route 30, thence east on U. S. Route 30, to its intersection with Interstate Route 81, thence north on Interstate Route 81, to the city of Harrisburg, Dauphin County, and return by the same routes. Attorney: Deborah K. Hoff, 154 South Potomac Street, Waynesboro, PA 17268.

   A-00113240. Listowel Limo Company, Inc. (1600 Locust Street, Philadelphia, Philadelphia County, PA 19103), a corporation of the Commonwealth of Pennsylvania--persons in airport transfer service, from that part of the city and county of Philadelphia north of the south side of Cottman Avenue running east and west between the Montgomery County Line and the Delaware River, and bounded on the north by the Bucks County Line, to the Philadelphia International Airport, in the city and county of Philadelphia and the township of Tinicum, Delaware County. Attorney: Michael J. Stack, Jr., 1600 Locust Street, Philadelphia, PA 19103.

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-00109808, Folder 1, Am-B. Shawn J. Pulver and Howard Gyle, Copartners, t/d/b/a Plymouth Taxi Company (Rear 148 Cherry Street, Plymouth, Luzerne County, PA 18651), persons upon call or demand, in the boroughs of Plymouth and Larksville, and the township of Plymouth, Luzerne County, so as to permit the transportation of persons upon call or demand in the borough of Plymouth, Luzerne County, and points within an airline distance of 10 statute miles of the limits of said borough. Attorney: David J. Harris, Suite 405 Bicentennial Building, 15 Public Square, Wilkes-Barre, PA 18701.

   A-00112415, Folder 1, Am-A. Armando Ocando, t/d/b/a A and B Limousine (213 Gerrie Drive, Pittsburgh, Allegheny County, PA 15241), persons in limousine service from points in Allegheny County to points in Pennsylvania, and return; so as to permit the transportation of persons in limousine service, between points in Washington County, and from points in said county to points in Pennsylvania and return; subject to the following conditions: that no right, power or privilege is granted to provide service from Washington County to the Pittsburgh International Airport located in Allegheny County, and the Latrobe Airport located in Westmoreland County. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

Applications 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-00108950, F. 2. Lazer Limousine Services, Inc., (329 Swamp Pike, Schwenksville, Montgomery County, PA 19473-1407), a corporation of the Commonwealth of Pennsylvania--additional right--persons and their baggage in airport transfer service, from points in the counties of Berks and Lancaster, and points in the county of Montgomery on U. S. Highway Route 422 and within 2 miles on either side of said route, to its intersection with Route 202; and from points in the county of Chester on U. S. Highway Route 30 and within 2 miles on either side of said route, to its intersection with Route 100, to the Philadelphia International Airport, in the city of Philadelphia and the township of Tinicum, Delaware County. Attorney: William L. Landsburg, 484 Norristown Road, Suite 100, Blue Bell, PA 19422-2326.

Applications of the following for approval of discontinuance of service for the transportation of persons as described under each application.

   A-0092235, Folder 1, Am-D, City Transfer, Inc. (900 Brussells Street, St. Marys, Elk County, PA 15857), a corporation of the Commonwealth of Pennsylvania--partial discontinuance of service--household goods, in use, from points in the borough of St. Marys, Elk County, and within 25 miles by the usually traveled highways of the limits of said borough, to other points in Pennsylvania. Attorney: David H. Radcliff, 2616 Walnut Street, Harrisburg, PA 17103.

Notice of 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 August 26, 1996.

A-00113225Ralph Bley, t/d/b/a Bley Trucking-
Excavating
R. R. 1, Box 384, Ringtown, PA 17967
A-00113230Zudi Redzepi, t/d/b/a Redzepi's Hauling 124 North Lincoln Avenue, Scranton, PA 18504
A-00113231Pete Zarelli Excavating Company
1322 West Chester Pike, West Chester, PA 19382
A-00113237Rodney W. Swigart, t/d/b/a R. S. Trucking
R. R. 2, Box 90B, Benton, PA 17814
A-00113249Envirite Corporation
620 West Germantown Pike, Suite 250, Plymouth Meeting, PA 19462
A-00113248Pinnacle Trucking, Inc.
2921 Haskins Road, Waterford, PA 16441
A-00113241Paul M. Martin
1634 Springville Road, New Holland, PA 17557
A-00113243Robert J. Koester
3555 Sandis Road, Murryville, PA 15668
A-00113244James R. Liggitt, t/d/b/a James Liggitt
Trucking
485 Kramer Road, Burgettstown, PA 15021
A-00113245George E. Carroll, t/d/b/a George E.
Carroll General Hauling
R. D. 1, Box 202, Lucinda, PA 16235
A-00113246Pennington Trucking, Inc.
R. D. 1, Box 454A, Morrisdale, PA 16858; Dwight L. Koerber, Jr., P. O. Box 1320, Clearfield, PA 16830
A-00113247John C. Diehl
P. O. Box 83, Tyler Hill, PA 18469

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Dispatch Truck- lines, Inc.; A-00111144C9601

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 DISPATCH TRUCKLINES, INC., respondent, maintains a principal place of business at 2512 EAST SOLWAY, SIOUX CITY, IA 51104.

   2.  That at all times relevant to this Complaint, respondent held a CERTIFICATE OF PUBLIC CONVENIENCE issued by this Commission at Application Docket No. A-00111144.

   3.  That pursuant to section 512 of the Public Utility Code, 66 Pa. Code § 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 CARGO 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 DISPATCH TRUCKLINES, INC., at Docket No. A-00111144, for failure to maintain current evidence of insurance on file with the Commission and order such other remedy as the Commission may deem to be appropriate.

   Respectfully submitted,
Kenneth E. Nicely, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, Kenneth E. Nicely, 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.

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:

   John G. Alford, 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.

   D.  If 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.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

JOHN G. ALFORD,   
Secretary

[Pa.B. Doc. No. 96-1321. Filed for public inspection August 9, 1996, 9:00 a.m.]



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