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PA Bulletin, Doc. No. 99-2112

NOTICES

Service of Notice of Motor Carrier Applications

[29 Pa.B. 6300]

   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 4, 2000, as set forth in 52 Pa. Code § 3.381 (relating to the applications for the 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-00116394.  Atlantic Coast Express, Inc., t/d/b/a A.C.E. Transportation Services (8637 North Country Place Drive, Tobyhanna, Monroe County, PA 18466), a corporation of the Commonwealth of Pennsylvania--persons, upon call or demand, in the county of Monroe. Attorney: W. Brian Golden, P. O. Box 152, Mount Pocono, PA 18344.

   A-00116395.  Randy Fink (R. R. 1, Box 315, New Millport, Clearfield County, PA 16861) persons in paratransit service between points in the county of Clearfield, and from points in the said county, to points in Pennsylvania, and return. Attorney:  Gary A. Knaresboro, 218 South Second Street, Clearfield, PA 16830.

   A-00116396.  Mark Alan Brest, t/d/b/a Mark's Taxi Service (350 Sharpsville Avenue, Sharon, Mercer County, PA 16146)--persons upon call or demand in the cities of Sharon and Farrell, the boroughs of Sharpsville, Wheatland, Hermitage and West Middlesex, and the townships of Shenango, South Pymatuning and Pymatuning, all in the county of Mercer. Attorney:  David Goodwin, P. O. Box 673, Sharon, PA 16146-0673.

   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-00116037, F. 3.  Sammy N. Fox, t/d/b/a Fox Charter Service (R. D. 3, Box 212C, Waynesburg, Greene County, PA 15370)--Additional Right--persons, in group and party service, using vehicles seating 15 passengers or less, including the driver, between points in the counties of Washington, Westmoreland, Fayette and Greene, and from points in the said counties and the county of Allegheny, to points in Pennsylvania, and return. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

   Application 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 household goods by transfer as described under each application.

   A-00116397.  Mohamed El-Malah (3360 Chichester Avenue, Building S-14, Boothwyn, Delaware County, PA 19061)--household goods in use, between points in the city and county of Philadelphia; which is to be a transfer of the right authorized James Stewart, under the certificated issued at A-00076042, subject to the same limitations and conditions.

   Applications of the following for amendment to the certificate of public convenience approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under each application.

   A-00101020, F. 2, Am-A.  Contract Delivery, Inc. (118 West Clarkson Street, Philadelphia, PA 19120-2926), a corporation of the Commonwealth of Pennsylvania--amendment to its common carrier certificate: So as to permit the discontinuance of service and cancellation of the certificate of public convenience which grants the following rights: (1) To transport, as a Class B carrier, household goods in use, between points in the city and county of Philadelphia; and (2) To transport, as a common carrier, property, except household goods in use, between points in Pennsylvania.

   A-00108869, F. 1, Am-A.  E. N. Corliss, Inc. (613 Prospect Road, Springfield, Delaware County, PA 19064), a corporation of the Commonwealth of Pennsylvania-- amendment to its common carrier certificate: So as to permit the discontinuance of service and cancellation of the certificate of public convenience which grants the following rights: (1) To transport, as a Class D carrier, household goods in use, between points in the city and county of Philadelphia; (2) To transport, as a Class D carrier, household goods in use, from points in the city and county of Philadelphia, to points in Pennsylvania within an airline distance of 25 statute miles of the Philadelphia City Hall, and vice versa; and (3) To transport, as a common carrier, property, except household goods in use, between points in Pennsylvania.

____

Complaint

Great Escape Vacations Ltd t/a
Great Escape Travel
11 Centennial Way
Scottsdale PA 15683

In re:  A-00111467C9901
          A-00111467

Dear Respondent:

   On September 23, 199, the Bureau of Transportation and Safety instituted a complaint against Great Escape Vacations, Ltd., t/a Great Escape Travel, respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00111467.

   The complaint and notice were published in the October 23, 1999 issue of the Pennsylvania Bulletin, after the Commission was unsuccessful in serving respondent by mail. To date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00111467C9901 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00111467 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.
Very truly yours,
James J. McNulty
Secretary


Service of Notice of Formal Complaints Against Philadelphia Taxi Cab Drivers

   The following formal complaints have been filed against Philadelphia taxi cab drivers by the Pennsylvania Public Utility Commission:

Taxi Driver
Certification
Date of
Name of DriverComplaint #Cab #Violation of 52 Pa. CodeViolationPenalty
Clarence R. McPhersonH-00001105M9701P-60730.71(f) Expired TDC.7/26/97$100.00 fine
30.76(d)(7)Driving while operator's license suspended. & cancellation of TDC.
Donald BurtonH-00001240M9601P-27230.71(f)Expired TDC.1/04/96 Revocation
30.76(d)(8)Driving while operator's license suspended.of TDC.
Mario BonelliH-00003499M9501P-28730.71(f)Expired TDC.2/09/95 Suspension
of TDC.

Please be Advised That the Complaint Will be Processed as Follows:

   A.  Pursuant to 52 Pa. Code § 30.53, you must file an answer within fifteen (15) days of the receipt of this complaint. The answer shall raise all factual and legal arguments that you wish to claim in your defense. The answer shall be notarized 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.

All answers must include the reference number of this complaint and the applicable P-number(s).

   B.  Pursuant to 52 Pa. Code § 30.55, if an answer is not filed within 15 days of the receipt of this complaint, a fine of $1,000 will be assessed for each violation cited in the complaint. Additionally, if you are not authorized by the Commission to perform the service, your vehicle registration may be suspended.

   C.  You may elect not to contest this complaint by paying the proposed fine in Item 16 by certified check or money order. Payment must be made to: Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

All payments must include the reference number of this complaint and the applicable P-number(s) on the check or money order.

(NOTE:  PERSONAL CHECKS ARE UNACCEPTABLE.)

   D.  If a timely answer is filed which contests the complaint, it will be assigned to a Special Agent or an Administrative Law Judge who will serve as the presiding officer in the case. The Agent or the Judge is not bound by the action in Item 16. A penalty imposed by them may be greater or less than the penalty in Item 16.

   E.  If you file an answer which admits or does not deny the violations in this complaint, an order will be issued, without benefit of the case being heard in front of a Special Agent or an Administrative Law Judge, imposing the action sought in Item 16.

[Pa.B. Doc. No. 99-2112. Filed for public inspection December 10, 1999, 9:00 a.m.]



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