NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[27 Pa.B. 1223]

   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 March 31, 1997, 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 as common carriers for transportation of persons as described under each application.

   A-00113749. Ephrata Community Ambulance Association, Inc. (528 West Main Street, Ephrata, Lancaster County, PA 17522-1738), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service between points in the borough of Ephrata, Lancaster County, and within an airline radius of 40 statute miles of the limits of said borough, and from points in the said territory to points in Pennsylvania and return.

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-00104550, Folder 2, Am-B. Josephine Avvisato, t/d/b/a Jo Jo's Travelers (315 South Keyser Avenue, Taylor, Lackawanna County, PA 18517)--persons in group and party service between points in the counties of Lackawanna and Wyoming, and from points in those counties to points in Pennsylvania and return; provided that no right, power or privilege is granted to originate group and party service at points in the cities of Carbondale and Scranton and the borough of Dunmore, Lackawanna County: so as to permit the transportation of persons in group and party service between points in the counties of Luzerne and Monroe, and from points in said counties to points in Pennsylvania and return. Attorney: John Fullerton, P. O. Box 9500, Harrisburg, PA 17108.

   A-00111191, Folder 1, Am-A. Hansens Errand Service, Inc. (340 East 25th Street, Erie, Erie County, PA 16503), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service between points in the county of Erie, and from points in said county, to points in Pennsylvania and return: so as to permit the transportation of persons in paratransit service, between points in the counties of Erie, Crawford, Mercer, Venango, Lawrence, Warren, McKean, Jefferson and Potter, and from points in the said counties, to points in Pennsylvania and return.

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 March 24, 1997.

A-00113746	Rocket Construction Haulers, Inc. 674 Union Road, Mickleton, NJ 08056
A-00113760	Bulldog Transit & Supply Co. 17 Ferry Street, Leetsdale, PA 15056
A-00113761	Chester L. Deitch, Sr., Kathy M. Deitch, t/d/b/a K-C-Delight Farm 1668 West Lisburn Road, Mechanicsburg, PA 17055
A-00113762	Estal E. Fleck, t/d/b/a Estal E. Fleck Excavating R. D. 1, Box 1451, Three Springs, PA 17264
A-00113763	Stephen J. Brymesser 751 Petersburg Road, Carlisle, PA 17013-9231
A-00113764	Larry M. Orr R. D. 2, Box 113B, Indiana, PA 15701
A-00113295, F. 2	David Sites, t/d/b/a D. Sites 261 Nottingham Street, Plymouth, PA 18651
A-00113325, F. 2	Michael L. Bowser R. D. 1, Box 66A, Knox, PA 16232: Kent S. Pope, 10 Grant Street, Clarion, PA 16214
A-00113449, F. 2	Louis Gelormini, t/d/b/a Lou Gelormini's Package Delivery 1301 Butter Lane, Reading, PA 19606
A-00113463, F. 2	Recycling Technologies, Inc. 60 Filbert Street, Hanover, PA 17331: McNees, Wallace & Nurick, P. O. Box 1166, Harrisburg, PA 17108
A-00113750	C. M. Kristman Excavating, Inc. 1099 Cannery Road, Coatesville, PA 19320
A-00113751	Donald I. Nicholas, t/d/b/a Nicholas Trucking R. D. 1, Box 181, Watsontown, PA 17777
A-00113752	Philip W. & Wagher & Robert M. Griffin, t/d/b/a Patriot Trucking Company 655 Philadelphia Avenue, Warrington, PA 18976
A-00113753	Appex Hydraulic & Machine, Inc. P. O. Box 1230, State College, PA 16804: Alan F. Kirk, P. O. Box 1320, Clearfield, PA 16830
A-00113754	Joseph P. Fremer, t/d/b/a Fremer Surface Mine Reclamation R. D. 1, P. O. Box 203, Brockway, PA 15824: Dwight L. Koerber, P. O. Box 1320, Clearfield, PA 16830
A-00113755	McLaughlin's Delivery & Storage, Inc. 9737 Cowden Street, Philadelphia, PA 19115: Stephen G. Maliszewski, 1777 Sentry Parkway West, Abington Hall, Suite 200, Blue Bell, PA 19422
A-00113756	P. C. Express Pick-up & Delivery Service, Inc. 1770 Wheatfield Court, Middletown, PA 17057: Jeffrey N. Yoff, 214 Senate Suite 203, Camp Hill, PA 17011
A-00113757	Wenner-Burton Construction, Inc. P. O. Box S, R. R. 2, Rt. 487-N, Benton, PA 17814
A-00113758	William G. McKissick, t/d/b/a McKissick Trucking R. R. 1, Box 786, Venus, PA 16364: Bruce Rosen, 207 Seneca Street, Oil City, PA 16301
A-00113759	David T. Golden, t/d/b/a Golden Excavation 1136 Toll House Road, Warminster, PA 18974

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Jay-Bee Cartage Co.; Doc. No. A-00109448C9601

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 Jay-Bee Cartage Co., respondent, maintains a principal place of business at 2933 South Cicero Avenue, Cicero, IL 60650.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00109448.

   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 and 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 Jay-Bee Cartage Co. at Docket No. A-00109448, 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 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 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 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. 97-387. Filed for public inspection March 7, 1997, 9:00 a.m.]

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