NOTICES
Service of Notice of Motor Carrier Applications
[29 Pa.B. 2119] 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 May 10, 1999, 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-00115765. D. Marie Manues and William E. Manues, Husband and Wife (878 West Kings Highway, Coatesville, Chester County, PA 19320)--persons in paratransit service, between points in the counties of Chester and Lancaster, and from points in the said counties, to points in Pennsylvania, and return; limited to the transportation of persons whose personal beliefs preclude them from owning or operating motor vehicles.
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-00114508, F. 2. Fancee Limousine Service, Inc. (3955 Drybrook Road, Falconer, NY 14733), a corporation of the State of New York--Additional Right--persons, in group and party service, using vehicles seating 15 passengers or less, including the driver, between points in the counties of McKean, Erie, Crawford and Warren, and from points in said counties, to points in Pennsylvania, and return. A temporary authority application has been filed seeking the right cited above.
A-00104709, F. 4. Unique Limousine Service, Inc. (1301 North Cameron Street, Harrisburg, Dauphin County, PA 17106-0402), a corporation of the Commonwealth of Pennsylvania--Additional Right--persons, in group and party service, using vehicles seating 15 passengers or less, including the driver, between points in the counties of Adams, Carbon, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Luzerne, Mifflin, Monroe, Northumberland, Perry, Schuylkill, Snyder, Union and York, and from points in said counties, to points in Pennsylvania, and return.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for the transportation of household goods as described under each application.
A-00113409, F. 1, Am-A. Eric F. Wright Enterprises, Inc., t/d/b/a Eric's Moving (524 Washington Street, Royersford, Montgomery County, PA 19468), a corporation of the Commonwealth of Pennsylvania--household goods in use, between points in the city and county of Philadelphia, the county of Delaware and that part of Montgomery County, west of Interstate Highway Route 76 to its intersection with Interstate Highway Route 476, thence northeasterly along said route (including former Pennsylvania Traffic Route 9, commonly known as the Northeast Extension), to its intersection with Pennsylvania Traffic Route 73, thence along said route to the Montgomery/Berks County border, and from points in said territory, to points in Pennsylvania: so as to permit the transportation of household goods in use between points in the city and county of Philadelphia and the counties of Berks, Bucks, Delaware, Chester and Montgomery, and from points in the said city and counties, to points in Pennsylvania, and vice versa. Attorney: Richard T. Mulcahey, Jr., Two Penn Center, Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1890.
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-00104504, F. 3, Am-A. Krapf's Coaches, Inc. (1060 Saunders Lane, West Chester, Chester County, PA 19380), a corporation of the Commonwealth of Pennsylvania--to operate as a broker for the transportation of persons and their baggage between points in the county of Chester: so as to permit the right and privilege to operate as a broker to arrange for the transportation of persons and their baggage between points in Pennsylvania. Attorney: Patricia Armstrong, P. O. Box 9500, Harrisburg, PA 17108-9500.
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Public Meeting held
July 9, 1998Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice-Chairperson; David W. Rolka; Nora Mead Brownell; Aaron Wilson, Jr.
Pennsylvania Public Utility Commission v. Jess Express, Inc., 49 Terry Marlton, NJ 08053; A-00110441C9801
Order On February 18, 1998, the Bureau of Transportation and Safety instituted a complaint against Jess Express, Inc., respondent, alleging, inter alia, that respondent failed to pay an assessment, in violation of 66 Pa.C.S. § 510(c).
In accordance with 52 Pa. Code § 5.61, the notice page of the complaint notified respondent that it must file an answer to the complaint within twenty (20) days of the date of service. The notice further specified that, if the respondent failed to answer the complaint within twenty (20) days, the Bureau of Transportation and Safety would request that the Commission enter an order imposing the penalty set forth in the complaint.
The complaint was sent to respondent by certified mail on February 18, 1998 which was returned. Hand delivery of the complaint was attempted on March 24, 1998. The complaint was served on respondent, by regular mail on or about May 21, 1998, and, to date, more than twenty (20) days later, no answer has been filed. Respondent has failed to pay the assessment in part, or in whole. There remains an outstanding assessment balance of $11,335.
Therefore, It Is Ordered that:
1. The allegations in the complaint are admitted.
2. The complaint is sustained.
3. The certificate of public convenience held by Jess Express, Inc. at A-00110441 is hereby revoked.
4. Jess Express, Inc. cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of this Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of respondent's certificate of public convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
5. The Secretary of the Commission serve a copy of this cancellation order on: Department of Revenue, Bureau of Audit Programs, Sales & Use Taxes, 10th Floor, Strawberry Square, Harrisburg, PA 17128-1061.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 99-652. Filed for public inspection April 16, 1999, 9:00 a.m.]
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