NOTICES

Service of Notice of Motor Carrier Applications

[26 Pa.B. 2757]

   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 July 1, 1996, 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 to begin to operate as a broker for the transportation of persons as described under each application.

   A-00113052. Dream Tours, Inc. (72 Royal Avenue, Jamestown, Chautauqua County, NY 14701), a corporation of the State of New York--brokerage license--to arrange for the transportation of persons, between points in Pennsylvania.

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

   A-00110275, Folder 5000. Tiger Cab Co. (2520 Welsh Road, Apartment 306, city and county of Philadelphia, PA 19152), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of 50 shares of the issued and outstanding 100 shares of stock from Jalil Satchmei to Mohammed Satchmei involving two Philadelphia Medallions at A-00110275, F.4, P-1425 and F.3, P-421. Attorney:  John J. Gallagher, Suite 1100, 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-00113081. Resources for Human Development, Inc. (4333 Kelly Drive, Philadelphia, Philadelphia County, PA 19129-1758), a corporation of the Commonwealth of Pennsylvania--in group and party service, between points in the county of Delaware, and within an airline distance of 5 statute miles of the limits of said county; provided that the transportation rendered is limited to:  (a)  economically challenged persons with an annual income defined under section 8 Housing Assistance Payments Program at 24 CFR 813.106; and (b)  physically challenged persons with disabilities defined by paragraph 3(b) of the United States Housing Act of 1937, as amended by section 621 of the Housing and Community Development Act of 1992. Attorney:  Richard T. Mulcahey, Jr., 1500 J.F.K. Boulevard, 1400 Two Penn Center Plaza, Philadelphia, PA 19102-1890.

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-00113064, Folder 1. C.R.W. & W, Inc., t/d/b/a Youghiogheny Cab (124 South 7th Street, Connellsville, Fayette County, PA 15425), a corporation of the Commonwealth of Pennsylvania--persons upon call or demand (1) in the city of Connellsville, Fayette County, and within an airline distance of 6 statute miles of the limits of the said city; (2) in the borough of Masontown, and within an airline distance of 10 statute miles of the limits of said borough; right 2 subject to the following condition:  that no right, power or privilege is granted to provide service in the city of Uniontown, and within 5 miles of the limits of the said city; (3) in the village of Republic, Fayette County; (4) in the city of Uniontown, Fayette County, and within an airline distance of 5 statute miles of the limits of said city; which is to be a transfer of the call or demand rights authorized Connellsville Taxi Service, Inc., under the certificate issued at A-00104019, F. 1, subject to the same limitations and conditions. Application for temporary authority has been filed at A-00113064, F. 1 seeking the right stated above. Attorney:  Gary J. Frankhouser, 107 East Main Street, P. O. Box 1163, Uniontown, PA 15401.

   A-00113053. Galaxy Limousine, Inc. (38 Quill Road, Levittown, Bucks County, PA 19057), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, from points in Bucks County, to points in the city and county of Philadelphia and vice versa; which is to be a transfer of all of the right authorized under the certificate issued at A-00112576, F. 2 to Gail A. Segal Enterprises, Inc., a corporation of the Commonwealth of Pennsylvania, subject to the same limitations and conditions. Attorney:  William M. Barnes, Suite 3600, 1600 Market Street, Philadelphia, PA 19103-4252.

Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under each application.

   A-00113064, Folder 2. C.R.W. & W., Inc. t/d/b/a Youghiogheny Cab (124 South 7th Street, Connellsville, Fayette County, PA 15425), a corporation of the Commonwealth of Pennsylvania--additional right--persons in airport transfer service, from points in the county of Fayette, to The Greater Pittsburgh International Airport in the townships of Moon and Findlay, Allegheny County; subject to the following condition:  that no right, power or privilege is granted to provide transportation to or from the boroughs of Belle Vernon, Fayette City and Perryopolis, and the townships of Perry and Washington, Fayette County; which is to be a transfer of the airport transfer right authorized Connellsville Taxi Service, Inc., under the certificate issued at A-00104019, F. 4, subject to the same limitations and conditions. Application for temporary authority has been filed at A-00113064, F. 2 seeking the right stated above. Attorney:  Gary J. Frankhouser, 107 East Main Street, P. O. Box 1163, Uniontown, PA 15401.

   A-00113064, Folder 3. C.R.W. & W., Inc. t/d/b/a Youghiogheny Cab (124 South 7th Street, Connellsville, Fayette County, PA 15425), a corporation of the Commonwealth of Pennsylvania--additional right--persons in paratransit service, between points in the county of Fayette, and from points in said county, to points in the counties of Allegheny, Westmoreland, Greene, Washington, Somerset and Beaver, and return; subject to the following conditions:  that no right, power or privilege is granted to transport persons originating at points in the boroughs of Belle Vernon, Fayette City and Perryopolis, and the townships of Perry and Washington, Fayette County, except that persons may be transported from points in the specified boroughs and townships if those persons have been transported to said points from other points in Fayette County by the applicant; that the service herein authorized is limited to transportation in vehicles having a seating capacity of not more than 21 persons, including the driver; that the applicant shall comply with the rules and regulations set forth in 52 Pa. Code §§ 29.353--29.355; that no right, power or privilege is granted to provide transportation in vehicles equipped with dome lights or taximeters; which is to be a transfer of the paratransit right authorized to Connellsville Taxi Service, Inc., under the certificate issued at A-00104019, F. 3, subject to the same limitations and conditions. Application for temporary authority has been filed at A-00113064, F. 3 seeking the right stated above. Attorney:  Gary J. Frankhouser, 107 East Main Street, P. O. Box 1163, Uniontown, PA 15401.

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-00111703, Folder 1, Am-A. Hagey Coach, Inc. (210 Schoolhouse Road, Franconia, Montgomery County, PA 18924), a corporation of the Commonwealth of Pennsylvania--inter alia--persons in group and party service, between points in the counties of Philadelphia, Bucks, Montgomery, Chester, Delaware and Lancaster, and from points in said counties, to points in Pennsylvania, and from points in said counties, to points in Pennsylvania, and return:  which is to be in lieu of its common carrier authority at A-00111703, the tenth right which reads as follows:  persons in group and party service, between points in the counties of Montgomery and Bucks, and from points in said counties, to points in Pennsylvania; subject to the following conditions:  (a) that no right is granted to provide service from the borough of Norristown and the village of Brandywine (King of Prussia), Montgomery County, and from the boroughs of Morrisville, Bristol, Levittown and Tullytown, Bucks County, to points more than 100 miles distant from the point of origin; (b) that no right is granted to provide service from the McKinley, Ashbourne and Oak Lane neighborhoods of Cheltenham and Abbington Townships and the township of Lower Merion, Montgomery County, to points less than 100 miles distant from the point of origin; (c) that no right is granted to provide service from points in the county of Montgomery located southeast of the Pennsylvania Highway Route 113 (other than the townships of Plymouth, Whitemarsh, Whitpain, Upper Merion, West Norriton, East Norriton, and those portions of the townships of Perkiomen, Skippack and Worcester, located within a 6-mile radius of the borough of Phoenixville, Chester County, and the Montgomery County boroughs of Bridgeport, Norristown, Trappe, Conshohocken and West Conshohocken) to points in Pennsylvania east of the western boundary line of the counties of Tioga, Lycoming, Centre, Mifflin, Juniata, Perry, Cumberland and Adams, in school bus-type equipment and equipment specifically designed for the transportation of handicapped persons; (d) that no right is granted to transport persons in school bus-type equipment and equipment specifically designed for the transportation of handicapped persons from the boroughs of Bridgeport, Conshohocken, Norristown, and West Conshohocken and the townships of East Norriton and Lower Gwynedd, Plymouth, Skippack, Lower Merion, Upper Providence, West Norriton, Whitemarsh, and Whitpain and Worcester, Montgomery County; and (e) that no right is granted to provide tour and sight-seeing trips originating or terminating at points within a 10-mile radius of the boroughs of Pottstown, Norristown and Royersford, Montgomery County; and the boroughs of Spring City and Phoenixville, Chester County; and the King of Prussia Shopping Center in Montgomery County. Attorney:  James W. Maza, 114--120 East Broad Street, P. O. Box 739, Souderton, PA 18964-0739.

Notice of 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 June 24, 1996.

A-00113082	George Witwer 258 Spring Grove Road, East Earl, PA 17519
A-00113083	Strohemann Line-Haul, L. P. 255 Business Centre Drive, Suite 200, Horsham, PA 19044; Andrew K. Light, Scopelitis, Garvin, Light & Hanson, 1777 Market Tower, 10 West Market Street, Indianapolis, IN 46204-2971
A-00113084	Maxwell Transport, Inc. 455 Struble Road, State College, PA 16801
A-00113085	Frank J. Greco, Jr., t/d/b/a Greco Trucking P. O. Box 43, Milnesville, PA 18239
A-00113086	Brian Smith, t/d/b/a Art's Hauling 3359 Orefield Road, Allentown, PA 18104
A-00113091	Dave Thomas R. R. 2, Box 86D, Wapwallopen, PA 18660
A-00113087	Donald Boiwka R. R. 1, Box 151, Benton, PA 17814-9629
A-00113088	Michael B. Rice, t/d/b/a Mike Rice Trucking 356 1/2 Apple Street, Pottstown, PA 19464
A-00113089	T. R. Baun R. D. 1, Box 163D, Rossiter, PA 15772; William A. Lavelle, 2310 Grant Building, Pittsburgh, PA 15219-2383
A-00113090	Doyle E. Smethers, Jr. R. R. 3, Box 207, Bloomsburg, PA 17815
A-00113064, F. 4	C.R.W & W., Inc. t/d/b/a Youghiogheny Cab 124 South Seventh Street, Connellsville, PA 15425; Gary J. Frankhouser, P. O. Box 1163, 107 East Main Street, Uniontown, PA 15401
A-00113092	Real Trucks, Inc. 122 Keystone Drive, Unit 2, Loretto, PA 15940
A-00113093	Byron H. Meyers and William A. Austin, t/d/b/a Allegheny Warehouse and Distribution Casey Industrial Park, Pittsburgh, PA 15233
A-00113094	Scott Derr, t/d/b/a Scott Derr Trucking, P. O. Box 43, Harleigh, PA 18225

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Frederick J. Fischer; A-00066385C9601 FS. 1 and 3

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 Frederick J. Fischer, respondent, maintains a principal place of business at P. O. Box 112, Tylers Mill Road, Sewell, NJ 08080.

   2.  That at all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00066385, FS. 1 and 3.

   3.  That pursuant to Section 512 of the Public Utility Code, 66 Pa. Code § 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 certificates 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 certificates of public convenience held by Frederick J. Fischer, at Docket No. A-00066385, FS. 1 and 3, for failure to maintain current evidence of insurance on file with the Commission and order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,

Kenneth E. Nicely, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, Kenneth E. Nicely, 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.

Notice to Plead

   A.  You must file an answer within 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 copies sent to:  John G. Alford, Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

   B.  If you fail to answer this complaint within 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.

JOHN G. ALFORD,   
Secretary

[Pa.B. Doc. No. 96-943. Filed for public inspection June 7, 1996, 9:00 a.m.]

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