NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 5642]

   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 30, 1998, 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-00115386. Ronald Heier (65 Stuart Run Road, Quarryville, Lancaster County, PA 17566)--persons in paratransit service, between points in the county of Lancaster, and from points in the said county, to points in Pennsylvania, and return; limited to the transportation of persons whose personal beliefs preclude them from owning or operating motor vehicles.

   A-00115398. All Star Limousine, Ltd. (5219 Bay Road North, Bensalem, Bucks County, PA 19020), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in the counties of Philadelphia, Bucks, Montgomery and Delaware, and from points in said counties, to points in Pennsylvania, and return. Attorney: Saul L. Langsam, 15th Street & John F. Kennedy Boulevard, Two Penn Center Plaza, Suite 1510, Philadelphia, PA 19102.

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 23, 1998.

A-00115403	James R. Kirkham, Inc. 5329 Gloria Drive, Morrisville, PA 19067
A-00115402	William E. Shoemaker, t/a Shoemaker's Contracting R. D. #1, Box 246, Manns Choice, PA 15550
A-00115401	G. A. Peak Excavating, Inc. 116 Branch Road, Sellersville, PA 18960
A-00115400	Raymond K. Elmer, t/a K & D Trucking 105 Engletown Road, Honeybrook, PA 19344
A-00115382	Tuzze Trucking, Inc. 56 Cottage Street, Carbondale, PA 18407
A-00115380	Bernard Chytla, t/a Bernard Chytla Trucking 103 Anthony Lane, West Chester, PA 19382
A-00115379	Highlander Express, Inc. 2934 Kings Mill Road, Bethel Park, PA 15102-1636
A-00115376	Michael F. Ronca & Sons, Inc. 179 Mikron Road, Bethlehem, PA 19020
A-00115375	Gary A. Brown R. R. #5, Box 275, Pine Grove, PA 17963
A-00115374	Godfrey Transport, Inc. 50 East 91st Street, Suit 305, Indianapolis, IN 46240: Baker & Daniels, 300 North Meridian Street, Suite 2700, Indianapolis, IN 46204
A-00115392	Walter G. Berger, t/a Bergers Towing & Salvage 6861 Blue Ridge Avenue, Harrisburg, PA 17112
A-00115393	Steven M. Smith 853 Callowhill Road, Perkasie, PA 18944
A-00115094 F.2	Community Ambulance Service, Inc. 1010 Buffalo Street, Franklin, PA 16323: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219
A-00115394	Howard L. Renninger, Jr., t/a Renninger Enterprises 310 West Main Street, Tremont, PA 17981
A-00115396	David Piro 450 Girard Street, Johnstown, PA 15905
A-00115397	Let's Move It, Inc. 401 East Louther Street, Carlisle, PA 17013: Scott W. Pohlman, 1013 Mumma Road, Suite 100, Lemoyne, PA 17043
A-00115404	David R. Kerstetter, t/a Venom Trucking 158 1st Street, Coaldale, PA 18218: Joseph J. Velitsky, P. O. Box 95, Summit Hill, PA 18250

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Affiliated Transport Express, Inc.; Doc. No. A-00108010C9801

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 Affiliated Transport Express, Inc., respondent, maintains a principal place of business at 2531 East State Street, Trenton, NJ 08619.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00108010.

   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 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 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 Affiliated Transport Express, Inc. at Docket No. A-00108010, 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 17105-3265

   B.  If you fail to answer this complaint within twenty (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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-1863. Filed for public inspection November 6, 1998, 9:00 a.m.]

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