NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[28 Pa.B. 114]

   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 January 26, 1998, 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-00114507.  Central Ambulance Service, Inc. (1316 Fourth Avenue, Coraopolis, Allegheny County, PA 15108), a corporation of the Commonwealth of Pennsylvania--persons, in paratransit service, to and from medical appointments: (1) between points in the counties of Washington and Beaver 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. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

   A-00114524.  Vernell Devan, t/a Nell's Van Service (2538 South 75th Street, Philadelphia, Philadelphia County, PA 19153--persons in paratransit service, between points in the city and county of Philadelphia, and from points in said city and county, to points in Pennsylvania, and return.

Applications of the following for approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle for the transportation of household goods in use as described under each application.

   A-00101800, F. 1, Am-D.  Hanover Transfer, Co. (860 Gitt Run Road, Hanover, York County, PA 17331), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--(1) household goods in use between points in the borough of Hanover, York County, and within 7 miles by the usually traveled highways of Center Square in said borough, (2) from points in the said area to other points in Pennsylvania within 75 miles by the usually traveled highways of Center Square in said borough, and vice versa; and (3) household goods in use, from points in the borough of Hanover, York County, and within an airline distance of 3 statute miles of the limits of said borough, to other points in Pennsylvania, and vice versa. Attorney:  John Fullerton, 212 Locust Court, Suite 500, Harrisburg, PA 17101.

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-00114529.  Harold E. King, Jr., t/d/b/a Dulaney Bus Service (145 Maple Drive, Waynesburg, Greene County, PA 15370)--by van or conventional school bus, groups and parties of persons, excluding tour or sight-seeing service, from points in the county of Greene, to points in that part of Pennsylvania, on and west of U. S. Highway Route 15; which is to be a transfer of all of the rights authorized John O. Dulaney, t/d/b/a Dulaney Bus Service, under the certificate issued at A-00104878, subject to the same limitations and conditions. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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-00086452, Folder 2, Am-F. The Snyder Brothers Moving, Inc., t/a George Transportation Company (729 New Castle Street, Zelienople, Butler County, PA 16063), a corporation of the Commonwealth of Pennsylvania--household goods in use, between points in the borough of McKees Rocks, Allegheny County, and within 25 miles by the usually traveled highways, of the limits of the said borough: so as to permit the transportation of household goods in use: (1) between points in the borough of New Bethlehem, Clarion County, and within 10 miles by the usually traveled highways of the limits of said borough; and (2) from points in the borough of New Bethlehem, Clarion County, and within 10 miles by the usually traveled highways of the limits of said borough, 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-00109734, F. 1, Am-B, subject to the same limitations and conditions. Attorney:  John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219

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 January 19, 1998.

A-00114523	Mountain Ridge Transportation, Inc. P O Box 218, Mountaintop, PA 18707
A-00114530	Wayne Womelsdorf t/a Wayne Womelsdorf Trucking R R 1, Box 188, Wapwallopen, PA 18660
A-00107824 F. 2	John E. Lemanowicz t/a Superior Automotive 1450 Conshohocken Road, PA 19401

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Central Enterprises, Inc.; Doc. No. A-00097992C9701

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, Central Enterprises, Inc., respondent, which has its principal place of business at 1111 Ellsworth Street, Philadelphia, PA 19147, who held contract carrier authority at Docket No. A-00097992, was deemed to now hold common carrier authority.

   3.  The Commission, by letter dated November 6, 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 Central Enterprises, Inc. at Docket No. A-00097992, 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. Universal All Continent, Inc.; Doc. No. A-00110319C9701

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 Universal All Continent, Inc., respondent, maintains a principal place of business at 929 North Main Street, P.O. Box 6069, Kokomo, IN 46904-6069.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-001110319.

   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 Universal All Continent, Inc. at Docket No. A-00110319, 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

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. James D. Reynolds, t/d/b/a Reynolds Trucking; Doc. No. A-00112685C9702

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 James D. Reynolds, t/d/b/a Reynolds Trucking, respondent, maintains a principal place of business at 434 Dunmore Street, Throop, PA 18512.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00112685.

   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 James D. Reynolds, t/d/b/a Reynolds Trucking at Docket No. A-00112685, 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.

Date: ______
______
Joseph W. Farrell

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.

   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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-44. Filed for public inspection January 2, 1998, 9:00 a.m.]

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