NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 592]

   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 February 23, 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 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-00112962, F. 1, Am-A. L-J-L Trucking, Inc., t/d/b/a Med-Van Transport (1311 Philadelphia Avenue, Barnesboro, Cambria County, PA 15714), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service between points in the borough of Barnesboro, Cambria County, and points within 15 airline miles of the limits of said borough, and from points in the said territory, to points in Pennsylvania, and return; subject to the following conditions: (a) that the service shall be restricted to trips to and from medical facilities, using vans equipped with lifts, ramps and other specialized facilities for passengers in wheelchairs, and (b) that service from points in Indiana County shall be limited to persons who, at the time of transportation, are subscribers to the carrier's ambulance service: so as to permit the transportation of persons in paratransit service, between points in the borough of Barnesboro, Cambria County, and points within an airline distance of 50 statute miles of the limits of said borough; subject to the following condition: that the service shall be restricted to trips to and from medical facilities, using vans equipped with lifts, ramps and other specialized facilities for passengers in wheelchairs. Attorney: Robert W. Lambert, 1001 Philadelphia Street, Indiana, PA 15701.

   A-00113427, F. 1, Am-A. Darleen C. Christy, t/d/b/a DC Cab (1301 Franskstown Road, Johnstown, Cambria County, PA 15902)--persons upon call or demand in the borough of Windber, Somerset County, and within an airline distance of seven (7) statute miles of the limits of said borough:  so as to permit the transportation of persons upon call or demand in that part of the counties of Cambria and Somerset bounded as follows: beginning at the western county line of the County of Cambria, thence east on U. S. Highway Route 22 to its intersection with State Route 53 at the borough of Cresson, Cambria County, thence south on State Route 53 to its intersection with State Route 160 at the borough of Wilmore, Cambria County, thence continuing south on State Route 160 to its intersection with U. S. Highway Route 30, thence west on U. S. Highway Route 30 to the Somerset County Line, thence north along the Somerset/Cambria County Lines to the point of beginning at U. S. Highway Route 22, Cambria County.

   A-00108649, Folder 1, Am-C. Harrisburg Corporate Limousine Service, Inc., t/a Harrisburg Corporate Limousine (5060 Ritter Road, Suite 7, Mechanicsburg, Cumberland County, PA 17055), a corporation of the Commonwealth of Pennsylvania--inter alia--persons in limousine service between points in the counties of Cumberland and Dauphin, and from points in said counties, to points in Pennsylvania, and return; subject to the following condition: that no right, power or privilege is granted to provide service to or from points in the township of Derry, the city of Harrisburg, the Harrisburg International Airport in the township of Lower Swatara, all in Dauphin County; so as to permit the transportation of persons in limousine service between points in the counties of Adams, York, Dauphin, Lancaster, Lebanon, Perry, Juniata, Franklin and Schuylkill, and from said counties, to points in Pennsylvania, and return. Attorney: Kenneth Zielonis, 208 North Third Street, Suite 310, P.O. Box 12090, Harrisburg, PA 17108-2090.

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

   A-00113582, F. 5000. Concord Limousine, Inc. (1020 West Lancaster Avenue, Bryn Mawr, Montgomery County, PA 19103), a corporation of the Commonwealth of Pennsylvania--stock transfer--approval of the transfer of all issued and outstanding stock from Michael Kolchinsky (100 shares), to Roman Barkan (50 shares) and John Lakis (50 shares). Attorney: John J. Gallagher, Suite 1100, 1760 Walnut Street, Philadelphia, PA 19103.

Applications of the following for approval of the right to begin to operate as a broker for the transportation of persons as described under each application.

   A-00114566. Rockwell Productions, Ltd., t/d/b/a Keystone Quality Services (300 West State Street, Suite 100, Media, Delaware County, PA 19063), a corporation of the Commonwealth of Pennsylvania)--brokerage license--to arrange for the transportation of persons and their baggage between points in Pennsylvania. Attorney: James W. Patterson, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, PA 19102- 2186.

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-00108649, Folder 2. Harrisburg Corporate Limousine Service, Inc., t/a Harrisburg Corporate Limousine (5060 Ritter Road, Suite 7, Mechanicsburg, Cumberland County, PA 17055), a corporation of the Commonwealth of Pennsylvania--additional right--persons in group and party service, between points in the counties of Adams, Cumberland, Dauphin, York, Lancaster, Lebanon, Perry, Juniata, Franklin and Schuylkill, and from points in said counties, to points in Pennsylvania, and return; subject to the following condition: that all service will be rendered in luxury mini-buses with limousine-style interiors, mini-buses and mid-size buses with seating capacity not to exceed 28 passengers. Attorney: Kenneth Zielonis, 208 North Third Street, Suite 310, P. O. Box 12090, Harrisburg, PA 17108-2090.

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-00114583. MPS Enterprises, Inc. (3705 West Schoolhouse Lane, Philadelphia, Philadelphia County, PA 19129), a corporation of the Commonwealth of Pennsylvania--(1) household goods in use, between points in the city and county of Philadelphia, and from points in the said city and county to points within 10 miles by the usually traveled highways of the limits of said city and county, 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 authorized Isaac's Relocation Service, Inc., under the certificate issued at A-00110007, subject to the same limitations and conditions. Attorney: James W. Patterson, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, PA 19102-2186.

   A-00114584. Delaware Valley Limousine, Inc. (3459 Tilden Street, Philadelphia, Philadelphia County, PA 19129), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in the city and county of Philadelphia and the counties of Bucks, Chester, Montgomery and Delaware, and from points in the said city and counties, to points in Pennsylvania; which is to be a transfer of all of the rights authorized to Star Transportation Service, Inc., under the certificate issued at A-00110811, subject to the same limitations and conditions. Attorney: John J. Gallagher, Suite 1100, 1760 Market Street, Philadelphia, PA 19103.

   A-00114580. Kenneth C. Lapinski and Diane M. Lapinski, Tenants by Entireties, t/a Falcon Enterprises (101 Orchard Road, New Wilmington, Mercer County, PA 16142)--persons in limousine service, between points in the county of Lawrence, and from points in the said county, to points within an airline distance of 100 statute miles of the limits of the city of New Castle, Lawrence County, and vice versa; which is to be a transfer of all of the right authorized under the certificate at A-00104231, Folder 2 to Frank S. Sfara, Jr., t/a Sfara Sales & Service, subject to the same limitations and conditions. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

   A-00114581. Water Gap Trolley, Inc. (P. O. Box 159, Delaware Water Gap, Monroe County, PA 18327), a corporation of the Commonwealth of Pennsylvania--(1) groups and parties of persons, and persons on special excursions, tours or sight-seeing trips, between points in the county of Monroe; subject to the following condition: that all vehicles utilized shall have a minimum seating capacity of 20 persons, excluding the driver; (2) groups and parties of persons from points in the county of Monroe, to points in Pennsylvania; subject to the following condition: that motor vehicles used to provide the subject service shall be trackless trolley-type motor vehicles with a seating capacity of not less than 20 and not more than 39 passengers, excluding the driver; which is to be a transfer of all of the rights issued to Vacation Paradise, Inc., under the certificate issued at A-00105253, subject to the same limitations and conditions. Attorney: James Fareri, 712 Monroe Street, Stroudesburg, PA 18360.

   A-00114567. American Coach, Inc. (1020 West Lancaster Avenue, Bryn Mawr, Montgomery and Delaware Counties, PA 19010), a corporation of the Commonwealth of Pennsylvania--persons upon call or demand in Lower Merion Township, Montgomery County; which is to be a transfer of the right authorized under the certificate issued at A-00108442 to Patrick Gallagher's Sons, Inc., subject to the same limitations and conditions. Attorney: John J. Gallagher, Suite 1170, 1760 Market Street, Philadelphia, PA 19103.

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-00114579. E & S Parking & Transportation, Inc. (Pittsburgh International Airport, P. O. Box 12356, Pittsburgh, Allegheny County, PA 15231), a corporation of the Commonwealth of Pennsylvania--persons, in group and party service, from points in the county of Allegheny, to other points in Pennsylvania, and return.

   A-00114542. Access Transport, Inc. t/a Ambassador Limousine (347 Taft Street, Bristol, Bucks County, PA 19007), a corporation of the Commonwealth of Pennsylvania--persons, in limousine service, between points in the counties of Philadelphia, Bucks, Montgomery, Delaware and Chester, and from points in said counties, to points in Pennsylvania, and return.

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 February 16, 1998.

A-00114576	Ray J. Neare, Sr. 137 William Street, Pittston, PA 18640
A-00114575	Rodman O. Eminhizer, t/a Shed World Route 53, Box 1, Drifting, PA 16834: Dwight L Koerber, Jr, P. O. Box 1320, Clearfield, PA 16830
A-00114574	William E. Grant, t/a Grant's Hauling 302 Chestnut Street, York, PA 17403: Neil Slenker, 35 South Duke Street, York, PA 17401
A-00114577	John Keim and Gene Keim, Copartners, t/a Stoney Mountain Trucking R D 1, Box 69, Tower City, PA 17980: James P. Diehl, P O Box 1190, Pottsville, PA 17901
A-00114582	Rutt Custom Cabinetry, LLC 1564 Main Street, Goodville, PA 17528: Christopher Zettlemoyer, 2132 Market Street, Ninth Floor, Harrisburg, PA 17101-2132
A-00114573	Keystone Trucking, Inc. 3271 Iris Street, Stuart, FL 34997
A-00114572	Mark E. Singer, t/a Singer Trucking 208 East Howard Avenue, Altoona, PA 16601
A-00114571	Frank Golab Trucking, Inc. Box 105, Highway 61, Deer Lake, PA 17961
A-00114570	M.H. Koppes, Clay Products COM 4491 Blake Road, Seville, OH 44723: William A. Gray, 2310 Grant Building Pittsburgh, Pittsburgh PA 15219-2383
A-00114595	W.D. Espenshade, Inc. 380 W. Bainbridge Street, Elizabethtown, PA 17022: Gingrich, Smith, Klingensmith & Dolan, 222 S. Market Street, Elizabethtown, PA 17022
A-00114594	Pine Pallet Express, Inc. 3909 T. R 369, Millersburg, OH, 44654: Bruce E. Hodge, 28001 Chgrin Boulevard, Suite 204, Cleveland, OH, 44122
A-00114592	Daniel G. Kehoe RR 2, Box 118, Catawissa, PA 17820
A-00114591	Timothy R. Mosier RR 1, Box 42, Sugar Run, PA 18846
A-00114590	Aileen R. Pickett and Brenda L. Miller, Copartners, t/a A & B'S P.E.T.S. 18 Mount Lookout, Exeter, PA 18643-1037
A-00114587	Crail R. Keller, t/a Crail R. Keller Hauling 120 Knittle Road, Kutztown, PA 19530
A-00114588	Beck L. Todd, t/a Beck Courier Service 55 Wilson Street, Carlisle, PA 17013
A-00114589	Richard A. Frederick, t/a Frederick Trucking R D 3, Box 461, Watsontown, PA 17777

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. R. Zucco Excavating, Inc.; Doc. No. A-00111453C9701

Motion for Default Order

   The Bureau of Transportation and Safety Prosecutory Staff hereby moves that the Commission issue a default order against R. Zucco Excavating, Inc. based on the following:

   1.  On October 30, 1997, the Bureau of Transportation and Safety Prosecutory Staff instituted a complaint as captioned above alleging that respondent has failed to maintain proper evidence of insurance in violation of the Public Utility Code.

   2.  The respondent was duly notified that it must file an answer within twenty (20) days of service of the complaint.

   3.  The complaint and notice were served on respondent on November 12, 1997; and, now, more than twenty (20) days later, no answer has been filed.

   4.  A copy of this motion and proposed default order was served on respondent by First Class mail on the following date.

   WHEREFORE, the Bureau moves that the Commission enter the attached default order against respondent.

Respectfully submitted,

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

Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice-Chairperson; John Hanger; David W. Rolka; Nora Mead Brownell

Public Meeting held
January 15, 1998

Pennsylvania Public Utility Commission v. R. Zucco Excavating, Inc.; A-00111453C9701; A-00111453

Order

By the Commission:

   On October 30, 1997, the Bureau of Transportation and Safety instituted a complaint against R. Zucco Excavating, Inc., alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code.

   The respondent was duly notified that, if an answer was not filed within twenty (20) days of the receipt of the complaint, the Bureau would request the Commission to enter an order revoking respondent's certificate of public convenience.

   The complaint and notice were served on respondent on November 12, 1997; and, to date more than twenty (20) days later, no answer has been filed; Therefore,

   It Is Ordered:

   1.  That the allegations in the complaint are deemed to be admitted.

   2.  That the complaint is sustained.

   3.  That the certificate of public convenience held by the respondent at Docket No. A-00111453 is hereby revoked.

   4.  That the respondent cease and desist from providing service previously authorized under the certificate of public convenience.

   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Dehner Truck Lines, Inc.; Doc. No. A-00111363C9701

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 Dehner Truck Lines, Inc., respondent, maintains a principal place of business at 7070 South Pennsylvania Avenue, Morrisville, PA 19067.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00111363.

   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 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 Dehner Truck Lines, Inc. at Docket No. A-00111363, 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:  ______

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.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. H. P. Delivery Service, Inc.; Doc. No. A-00109837C9701

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 H. P. Delivery Service, Inc., respondent, maintains a principal place of business at 7276 Penn Drive, Bath, PA 18014.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00109837.

   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 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 H. P. Delivery Service, Inc. at Docket No. A-00109837, 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. 98-199. Filed for public inspection January 30, 1998, 9:00 a.m.]

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