NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[30 Pa.B. 1712] 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 April 17, 2000, 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-00116672. Harriett V. Atkerson, t/d/b/a Capri Travel Agency (6523 North Park Avenue, Philadelphia, Philadelphia County, PA 19126)--persons in paratransit service: (1) from points in the city and county of Philadelphia, to all state correctional institutions located in Pennsylvania, and return; and (2) from the city and county of Philadelphia, to the Philadelphia International airport located in the city and county of Philadelphia and the township of Tinicum, Delaware County, and vice versa.
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-00110429, Folder 2. Donald W. Lemon (Box 63, Mt. Morris, Greene County, PA 15349), additional right--persons, in group and party service, using vehicles seating 15 passengers or less, including the driver, between points in the counties of Greene and Fayette, and from points in said counties, to points in Pennsylvania, and return. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.
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-00114310, Folder 1, Am-B. Beninati Transport Corporation (220 Hemlock Road, Trafford, Westmoreland County, PA 15085), inter alia--persons in limousine service, between points in the counties of Armstrong, Washington and Fayette, and from points in said counties, to points in the counties of Allegheny and Somerset, and the borough of Murraysville, Westmoreland County, and return: So as to permit the transportation of persons in limousine service: (1) between points in the counties of Westmoreland, Butler, Armstrong and Indiana, and from points in said counties, to points in Pennsylvania, and return; and (2) from points in the county of Allegheny, to other points in Pennsylvania, and return; subject to the following conditions: (A) that no right, power or privilege is granted to provide service for funeral homes or to transport persons attending funerals; (B) that no right, power or privilege is granted to provide service from points in Allegheny County, to points in Butler County; and (C) that no right, power or privilege is granted to transport persons to or from the Pittsburgh International Airport located in the county of Allegheny, and to or from the Westmoreland County Airport located in the county of Westmoreland.
A-00115183, Folder 1, Am-B Plymouth Taxi, Inc. (203 East Main Street, Plymouth, Luzerne County, PA 18351), a corporation of the Commonwealth of Pennsylvania, inter alia--persons, upon call or demand in the boroughs of Plymouth and Larksville and the township of Plymouth, Luzerne County: So as to permit the transportation of persons, upon call or demand, in the borough of Plymouth, Luzerne County, and within an airline distance of 15 statute miles of the limits thereof. Attorney: Leonard R. Omolecki, Jr., 792 Market Street, Kingston, PA 18704.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. JB Logistics, LLC; Doc. No. A-00114516C9901
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 JB Logistics, LLC, respondent, maintains a principal place of business at 2039 Northampton Street, Easton, PA 18042.
2. That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00114516.
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 Secretary of the Commission revoke respondent's certificate of public convenience.
WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the certificate of public convenience held by JB Logistics, LLC at Docket No. A-00114516, for failure to maintain current evidence of insurance on file with the Commission.
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
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 17105-3265B. If you fail to answer this complaint within twenty (10) 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. 00-549. Filed for public inspection March 24, 2000, 9:00 a.m.]
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