NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 1192]

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

   A-00100948, F. 1, Am-R.  Pittsburgh-Fayette Express, Inc. (Fourth & Main Streets, Belle Vermin, Fayette County, PA 15012), corporation of the Commonwealth of Pennsylvania--partial discontinuance of service--as a Class B carrier, household goods, in use, between points in the borough of Masontown, Fayette County, and within an airline distance of 3 miles of the limits of said borough.

Applications of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of household goods in use as described under each application.

   A-00086452, F. 2, Am-H.  The Snyder Brothers Moving, Inc., t/d/b/a George Transportation Company (729 West New Castle Street, Zelienople, Butler County, PA 16063), a corporation of the Commonwealth of Pennsylvania--household goods in use, from points in the county of Butler, to points in Pennsylvania, and vice versa: so as to permit the transportation of household goods in use between points in the county of Butler. 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 March 16, 1998.

A-00114658	Geoffrey C. Sotak, t/a Geoffs Towing Service 1957 Rt. 212, Quakertown, PA 18951
A-00114659	Christopher D. Smith 78 Main Street, Yorkanna, PA 17402-8202
A-00114660	John M. Eichenlaub, t/a Brave Construction P. O. Box 149 Allison Park, PA 15101
A-00114661	Joseph G. and James J. Sheperd, Copartners 1104 Scranton Street, Clarks Summit, PA 18411
A-00114662	Scott Hatfield, t/a Hatfield Modular 1082 Banetown Road, Washington, PA 15301
A-00114663	James D. Roth 1702 Bloom Road, Danville, PA 17821
A-00114664	Robert Rufrano, Jr. 299 E. Oregon Road, Lititz, PA 17543
A-00114665	TDF Services, Inc. 109 Dark Hollow Road, Oakmont, PA 15139
A-00114669	JT Excavating and Hauling, Inc. R. D. 2, Box 541, Waltz's Mills Rd., Ruffsdale, PA 15679

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. M.L.L. Tours, Inc., t/d/b/a Mary's ''Little Lambs'' Tours; Doc. No. A-00106442C98 F. 2.

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 M.L.L. Tours, Inc., t/d/b/a Mary's ''Little Lambs'' Tours, respondent, maintains a principal place of business at R. D. 1, Box 34, Clarion, PA 16214.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00106442, F. 2.

   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 M.L.L. Tours, Inc., t/d/b/a Mary's ''Little Lambs'' Tours at Docket No. A-00106442, F. 2, for failure to maintain current evidence of insurance on file with the Commission ororder 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. 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:  ______

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-362. Filed for public inspection February 27, 1998, 9:00 a.m.]

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