NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[26 Pa.B. 5202]

   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 November 18, 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 beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00113411.  Larose Limousine Service, Inc. (68 Oak Ridge Drive, Voorhees, NJ 08043), a corporation of the State of Delaware--persons in limousine service between points in the counties of Delaware and Philadelphia, and from points in said counties, to points in Pennsylvania and return. Attorney:  Richard T. Mulcahey, Jr., 1500 J.F.K. Boulevard, 1400 Two Penn Center Plaza, Philadelphia, PA 19102.

   A-00113427.  Darleen C. Christy, t/d/b/a DC Cab (1301 Frankstown Road, Johnstown, Cambria County, PA 15902)--persons upon call or demand, in the borough of Windber, Somerset County, and within an airline distance of 7 statute miles thereof. Application for temporary authority has been filed at A-00113427, seeking the right cited above. Attorney:  John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

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-00113410.  Sebouh F. Topjian, t/d/b/a American Limousine (605 Thornhill Drive, Lafayette Hills, Montgomery County, PA 19444)--persons in limousine service between points in the counties of Delaware and Philadelphia, and from points in said counties to points in the counties of Bucks, Chester and Montgomery and return; which is to be a transfer of the rights authorized under the certificate issued at A-00108749, to American Limousine Service, Inc., subject to the same limitations and conditions. Attorney:  Richard T. Mulcahey, Jr., Two Penn Center Plaza, Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1890.

   A-00113410, Folder 2.  Sebouh F. Topjian, t/d/b/a American Limousine (605 Thornhill Drive, Lafayette Hills, Montgomery County, PA 19444)--persons in airport transfer service from points in the counties of Delaware, and from points in Montgomery County within an airline distance of 5 statute miles of the limits of Delaware County, to the Philadelphia International Airport located in the city and county of Philadelphia and the township of Tinicum, Delaware County; subject to the following conditions:  (1) that no right, power or privilege is granted to provide service to or from the township of Lower Merion, Montgomery County, and the townships of Radnor, Marple and Haverford, Delaware County; (2) that no right, power or privilege is granted to provide service to or from the Ramada Inn and Best Western Hotel located in Concord Township, the Media Inn located in the borough of Media, and St. Albans Travel Agency located in St. Albans Circle in the township of Newton, all in Delaware County, except on a nonscheduled basis with reservations made 24 hours in advance; which is to be a transfer of the rights authorized under the certificate issued at A-00108749, F. 2, to American Limousine Service, Inc., subject to the same limitations and conditions. Attorney:  Richard T. Mulcahey, Jr., Two Penn Center Plaza, Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1890.

   A-00113424.  Valley Transportation, Inc. (114 South St. Clair Street, Ligonier, Westmoreland County, PA 15658), a corporation of the Commonwealth of Pennsylvania--persons in limousine service between points in the borough of Ligonier, and the townships of Ligonier and Fairfield, Westmoreland County, and from points in said territory to points in Pennsylvania; which is to be a transfer of the rights authorized under the certificate issued at A-00107219 to Valley Limousine, Inc.; subject to the same limitations and conditions. Attorney:  Dwight L. Koerber, Jr., P. O. Box 1320, Clearfield, PA 16830.

   A-00113424, Folder 2.  Valley Transportation, Inc. (114 South St. Clair Street, Ligonier, Westmoreland County, PA 15658), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the boroughs of New Florence, Bolivar and Ligonier, and the townships of Cook, Fairfield, Ligonier and St. Clair, all in Westmoreland County, and from points in said boroughs and townships to points in Pennsylvania and return; subject to the following condition:  that no right, power or privilege is granted to provide service to or from the Greater Pittsburgh International Airport, located in the townships of Moon and Findlay, Allegheny County; which is to be a transfer of the rights authorized under the certificate issued at A-00107219, F. 2, to Valley Limousine, Inc.; subject to the same limitations and conditions. Attorney:  Dwight L. Koerber, Jr., P. O. Box 1320, Clearfield, PA 16830.

   A-00113426.  James R. Sullenberger (1585 Georgetown Road, Christiana, Lancaster County, PA 17509)--persons in paratransit service, between points in Lancaster County, and from points in said county to points in Pennsylvania; subject to the following condition:  that the transportation herein authorized is limited to persons whose personal convictions prevent them from owning or operating motor vehicles; which is to be a transfer of the rights authorized under the certificate issued at A-00103938 to Wayne C. Sullenberger; subject to the same limitations and conditions.

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-00111913, F. 1, Am-A.  Bucks County Services, Inc. (1167 Newport News Drive, Bensalem, Bucks County, PA 19020), a corporation of the Commonwealth of Pennsylvania--inter alia, persons upon call or demand in the township of Bensalem, Bucks County:  so as to permit the transportation of persons upon call or demand in an area beginning at the Bensalem Township Line at the Delaware River, Bucks County, then south along the Delaware River to the Pennypack Creek, Philadelphia County, then following the Pennypack Creek to the Montgomery County Line, then northeast on the Montgomery County Line to the Bucks County Line, then west on the Bucks-Montgomery County Line to Route 232, then north on Route 232 to the Delaware River, then south along the Delaware River to the Bristol Township Line, Bucks County.

   A-00108982, Folder 4, Am-C.  Laidlaw Transit (DEL), Inc. (522 Chestnut Street, Emmaus, Lehigh County, PA 18049), a corporation of the State of Delaware--persons in group and party service between points in Lancaster County, in conventional school bus-type equipment, between points in Lancaster County, and from points in said county to points in Pennsylvania and return; so as to permit the transportation of persons in group and party service, in conventional school bus-type equipment, between points in York County, and from points in said county to points in Pennsylvania and return. Attorney:  John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

Applications of the following for amendment to the certificate of public convenience approving the operation of motor vehicle as common carriers for transportation of persons by transfer of rights as described under each application.

   A-00111046, Folder 1, Am-A.  Beverly Hills Limousine Service, Inc. (2101 Newville Road, Carlisle, Cumberland County, PA 17013), a corporation of the Commonwealth of Pennsylvania--persons in limousine service between points in Cumberland County, and from points in said county to points in Pennsylvania and return; so as to permit the transportation of persons in limousine service, between points in Franklin County; which is to be a transfer of the rights authorized under the certificate issued at A-00111471 to Dean A. Yaukey; subject to the same limitations and conditions.

Applications of the following for approval of discontinuance of service for the transportation of household goods as described under each application.

   A-00073006, F. 2, Am-AB.  William C. Confer (Box 35, Howard, Centre County, PA 16841)--partial discontinuance of service--household goods, office equipment and furnishings, and commercial and industrial equipment, fixtures and furnishings, all in use, between points in the borough of Bellefonte, Centre County, and within 7 miles by the usually traveled highways of the limits of said borough, and from points in said area to other points in Pennsylvania and vice versa. Attorney:  John Fullerton, P. O. Box 12105, Harrisburg, PA 17108-2105.

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

   A-00106960, Folder 5000.  Delaware County Transportation Service, Inc. (P. O. Box E, 501 Highland Avenue, Morton, Delaware County, PA 19070), a corporation of the Commonwealth of Pennsylvania--stock transfer--for the approval of the transfer of 1,000 shares of the issued and outstanding stock from the Estate of Leo F. Byrne, Deceased, Jean M. Dougherty, Executrix, to Robert G. Euler. Attorney:  Peter J. Rohana, Jr., 1215 West Baltimore Pike, Suite 14, Media, PA 19063.

   A-00108451, F. 5000.  Sassoun Company (19 Sellers Avenue, 2nd Floor, Upper Darby, Delaware County, PA 19082), a corporation of the Commonwealth of Pennsylvania--stock transfer--for the approval of the transfer of 100 shares of the issued and outstanding stock from Farrokh Setudeh (50%), Varouj Shahmiaria (25%) and Farhad Mazloumi (25%) to Majid Mortezavi. Attorney:  John J. Gallagher, Suite 1100, 1760 Market Street, Philadelphia, PA 19103.

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 as described under each application.

   A-00113409.  Eric F. Wright (524 Washington Street, Royersford, Montgomery County, PA 19468)--household goods in use between points in the counties of Bucks, Delaware, Montgomery, and Philadelphia, and from points in said counties to other points in Pennsylvania. Attorney:  Richard T. Mulcahey, Jr., Two Penn Center Plaza, Suite 400, 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-00113440.  John and Mary Ruane, t/d/b/a Master Travel (6 Rose Lane, Wilkes-Barre, Luzerne County, PA 18702)--to arrange for the transportation of persons and their baggage, between points in Pennsylvania. Attorney:  Ferris Webby, 792 West Market Street, Kingston, PA 18704.

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 November 11, 1996.

A-00113412	Lisa A. Haines, t/d/b/a B & L Haines Trucking 3012 Pittsburgh Avenue, Erie, PA 16508
A-00113413	New Prime, Inc., t/d/b/a Prime, Inc. P. O. Box 4208, Springfield, MO 65888
A-00113417	Benkart Trucking, Inc. 102 Forest Drive, Mars, PA 16046; John A. Pillar, Esquire, Pillar, Mulroy & Ferber, 1106 Frick Building, Pittsburgh, PA 15219
A-00113432	Harvey C. Waltz, t/d/b/a Ted Waltz Trucking 111 Little Washington Road, Downingtown Road, Downingtown, PA 19335
A-00113437	Gregory Willover, t/d/b/a Greg's Special Delivery Service 2619 Hazel Street, Erie, PA 16508
A-00113438	Richard C. Bessetti, et al, t/d/b/a E Z Trucking Company R. D. 1, Box Clarion, PA 16214
A-00113453	John Clark, t/d/b/a Clark Trucking 4185 Westwood Road, New Freedom, PA 17349
A-00113428	Joseph H. Ressler, t/d/b/a H. J. Ressler Transportation 4165 Jasmine Place, Mount Joy, PA 17552; Carolyn K. Hetrick, 412 North Market Street, Elizabethtown, PA 17022
A-00113429	Jack M. Stein, t/d/b/a J & C Enterprises P. O. Box 8134, Erie, PA 16505
A-00113430	David K. Dillon, t/d/b/a Dillon Trucking R. D. 3, Box 36B, Glen Rock, PA 17327
A-00113431	Alexander J. Konopka, III R. R. 1, Box 1587, Gouldsboro, PA 18424
A-00113433	Yorktowne, Inc. P. O. Box 231, 100 Redco Avenue, Red Lion, PA 17356
A-00113434	Gazzella Corporate Courier Express, Inc. 218 Fieldstone Lane, Newark, DE 19702
A-00113451	Geno DeFilippo, t/d/b/a G. M. DeFilippo Trucking 339 East Main Street Bradford, PA 16701
A-00113452	John and Lavera Cashmark, t/d/b/a Cashmark Trucking and Contracting R. R. 6, Box 98A, Tunkhannock, PA 18657

   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Premier Motor Freight, Inc.; A-00112185C9601

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. Under 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 Premier Motor Freight, Inc., respondent, maintains a principal place of business at P. O. Box 2756, Cherry Hill, NJ 08034.

   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-00112185.

   3.  That under 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 bodily injury and property damage liability and 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 Premier Motor Freight, Inc., at Docket No. A-00112185, 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. 96-1823. Filed for public inspection October 25, 1996, 9:00 a.m.]

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