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PA Bulletin, Doc. No. 98-1124

NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 3345]

   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 August 3, 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-00115093.  Whilamena Hall (5947 Windsor Avenue, city and county of Philadelphia, PA 19143)--persons in paratransit service from points in the city and county of Philadelphia, to State and Federal Correctional Institutions in Pennsylvania, and return.

   A-00115094.  Community Ambulance Service, Inc. (1010 Buffalo Street, Franklin, Venango County, PA 16323), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, in vehicles modified to handle wheelchairs by hydraulic lift, between points in the county of Venango, and from points in the said county, to points in Pennsylvania, and return; subject to the following conditions: (a) that service is limited to the transportation of persons who are either nonambulatory, or who, due to physical or mental disability, require assistance in entering or exiting the vehicle, or the use of medical appliances, equipment or a medical escort during transportation, and (b) that service is limited to the use of vehicles operated only by State certified emergency medical technicians. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

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

   A-00106101, Folder 1, Am-A.  Pocono Transportation, Inc. (R. R. 1, Box 1347, Gouldsboro, Lackawanna County, PA 18424), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--persons in group and party service: (1) for Notre Dame High School, from the borough of East Stroudsburg, Monroe County, to points in Pennsylvania; and (2) from points in the borough of Moscow and the township of Covington, Lackawanna County, to points in Pennsylvania; and between points in the borough of Mt. Pocono, Monroe County, and points in the counties of Wayne and Monroe within an airline distance of 20 statute miles of the said borough, and from points in the said territory to points in Pennsylvania; subject to the following conditions: (a) that no right, power or privilege is granted to provide service between points in the county of Monroe on and south of Interstate Route 80 to include the boroughs of Stroudsburg and East Stroudsburg (except for Notre Dame High School) and the townships of Stroud and Smithfield; and (b) that all service provided shall be in conventional school bus equipment.

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-00104709, F. 1, Am-A.  Unique Limousine Service, Inc. (1301 North Cameron Street, Harrisburg, Dauphin County, PA 17106), a corporation of the Commonwealth of Pennsylvania--persons in luxury limousine service, in vehicles with a seating capacity of 10 passengers or less, excluding the driver, between points in the counties of Dauphin and Cumberland, and from points in said counties, to points in Pennsylvania, and vice versa: So as to permit the transportation of persons in limousine service, between points in the counties of Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon and York, and from points in said counties, to points in Pennsylvania, and return; which is to be a transfer of the right authorized Keystone Limousine, Inc., under the certificate issued at A-00110279, F. 2, subject to the same limitations and conditions. Attorney: Paige Macdonald-Matthes, P. O. Box 60457, Harrisburg, PA 17106-0457.

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

   A-00104709, F. 2.  Unique Limousine Service, Inc. (1301 North Cameron Street, Harrisburg, Dauphin County, PA 17106), a corporation of the Commonwealth of Pennsylvania--additional right--persons, in airport transfer service, from points in the counties of Lancaster and York, to the following airports: Philadelphia International Airport, in the city and county of Philadelphia and the township of Tinicum, Delaware County; Harrisburg International Airport, in the township of Lower Swatara, Dauphin County; Lancaster Municipal Airport, in the township of Manheim, Lancaster County; and the Reading Municipal Airport, in the township of Bern, Berks County; which is to be a transfer of the right authorized Keystone Limousine, Inc., under the certificate issued at A-00110279, F. 1, subject to the same limitations and conditions. Attorney: Paige Macdonald-Matthes, P. O. Box 60457, Harrisburg, PA 17106-0457.

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 July 27, 1998.

A-00114269 F.2 Kinsale Moving & Storage, Inc.
37 Camelot Drive, Plymouth Meeting, PA 19462: William Heller, 4032 LaFrance Road, Lafayette Hill, PA 19444
A-00114626 F. 2 Starke and Sons, Inc.
5711 Hoffman Avenue, Philadelphia, PA 19143
A-00115070 William E. Garbrick
P. O. Box 14, Salona, PA 17767
A-00115071 Eric O. Williams, t/a Kemo'Sabe
Enterprise
1018 East Congress Street,
Allentown, PA 18103
A-00115072 Mark Cromley, t/a Mark Cromley's Hauling
R. R. 3, Box 555, Lewistown, PA 17837
A-00115073 Brian J. McKennas
77 Shupp Hill Road, Tunkhannock, PA 18657
A-00115074 Lawrence James Ogonosky
22 Clark Street, Wyoming, PA 18644
A-00115075 Dean S. Gurney
P. O. Box 4301, Reading, PA 19606
A-00115076 Dennis D. Yokum, Sr.
R. R. 7, Box 513, Bedford, PA 15522
A-00115077 Clarence R. Matz, t/a Matz Trucking
R. D. 4, Box 203, Kutztown, PA 19530
A-00115078 Melvin Fraker
36 Clay Road, Carlisle, PA 17013: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110
A-00115079 Osborne-Davis Transportation Co., Inc.
3939 Germantown Avenue,
Philadelphia, PA 19140
A-00115080 Schlusser Enterprise, Inc.
11 Creek Road, Carlisle, PA 17013: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110
A-00115081 Carl E. Hoffman, t/a Hoffman Express
6116 Memorial Road, Allentown, PA 18104
A-00115082 Michael C. Lichina, Trucking, Inc.
P. O. Box 3, Wildwood, PA 15091
A-00115083 David Graybill, t/a Graybill Farms
R. R. 1, Box 7500, Grantville, PA 17028: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110
A-00115084 New Millenium Entities, Inc.
P. O. Box 170, Delmont, PA 15626
A-00115085 Jeffrey L. Ukish
c/o PSST P. O. Box 736, Smithton, PA 15679
A-00115086 Dennis M. Brown, t/a Brown Trucking
R. R. 2, Box 232 A, Wyalusing, PA 18853: Albert C. Ondrey, 14 Park Street, Towanda, PA 18848
A-00115087 Paul E. Everts, t/a Evert's Trucking
R. R. 1, Box 427 A, Troy, PA 16947
A-00115089 Palmisano Delivery Service, Inc.
5100 Harding Highway, Mays
Landing, NJ 08330
A-00115090 Stephen W. Lacefield, t/a Lacefield Transport
R. D. 2, Box 49 F, Elliotsburg, PA 17024
A-00115091 Levine's Iron & Metal, Inc.
R. D. 4, Box 328, Waynesburg, PA 15370: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219
A-00115092 Copart of Connecticut, Inc., t/a Copart Salvage Auto Auctions
P. O. Box 46, Pennsburg, PA 18073: Paul A. Styer, 5500 E. Second Street, 2nd Floor, Benicia, CA 94510
A-00113869 F. 2 Kathleen Ann Lawson, t/a Wels Cargo
241 McConnell Road, Canonsburg, PA 15317
A-00115095 Walter E. Yearick, t/a W. E. Yearick Trucking
150 North Pennsylvania Avenue, Centre Hall, PA 16828
A-00115096 J. W. Marshall, Inc.
109 Brownsville Road, Valencia, PA 16059
A-00115100 V-Force, Inc., t/a Christian Ride &
Courier Service
R. R. 1, Box 55, Warriors Mark, PA 16877: David M. Axinn, 1904 J. Juniata Street, Hollidaysburg, PA 16648
A-00115099 Carl, Darlyne & Jesse Williams, t/a C.D.J. Williams Trucking
18775 Drake Hill Road, Centerville, PA 16404
A-00115098 Stephen W. Banas, Jr.
369 Joseph Drive, Kingston, PA 18704-5637
A-00115097 Scott D. Marstellar, t/a Marstellar Trucking Company
R. R. 2, Box 930, Port Royal, PA 17082

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Eleven 7 Corp.; Doc. No. A-00105996C98

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 Eleven 7 Corp., respondent, maintains its principal place of business at R. Helen and Mill Streets, Dunmore, PA 18512.

   2.  That respondent was issued a certificate of public convenience by this Commission at Docket No. A-00105996.

   3.  That respondent was sent, by certified mail, a 1994-95 Assessment in the amount of $2,412.

   4.  That respondent was sent, by certified mail, a 1995-96 Assessment in the amount of $2,617.

   5.  That respondent was sent, by certified mail, a 1996-97 Assessment in the amount of $1,610.

   6.  That respondent was sent, by certified mail, a 1997-98 Assessment in the amount of $1,415.

   7.  That, on or about December 19, 1997, a reminder notice was sent to respondent by first class mail notifying it of past due assessments.

   8.  That respondent has made no payments to date.

   9.  That respondent has an outstanding assessment of $8,054.

   10.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S.A. § 510(c).

   11.  That respondent, by failing to pay the assessment, is in violation of the Public Utility Code at 66 Pa.C.S.A. § 510(c).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission cancel the certificate of public convenience issued to respondent, direct the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, notify the Pennsylvania Department of Revenue that respondent's certificate of public convenience has been revoked and notify respondent's insurance carrier that respondent's certificate of public convenience has been revoked.

Respectfully submitted,
George T. Mahan, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, George T. Mahan, 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: ______
George T. Mahan, Director

Notice

   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). 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 17105-3265

   B.  If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission enter an order imposing the penalty set forth in the complaint.

   C.  You may elect not to contest this complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order, payable to the Commonwealth of Pennsylvania, should be forwarded to Pennsylvania Public Utility Commission, P. O. Box 400006-W, Pittsburgh, PA 15268-0006.

   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 the Commission to enter an order imposing the penalty set forth in the complaint.

   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 penalty set forth in this complaint.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Assessment Section at (717) 787-5620.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-1124. Filed for public inspection July 10, 1998, 9:00 a.m.]



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