NOTICES
Service of Notice of Motor Carrier Applications
[28 Pa.B. 1057] 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 March 16, 1998, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protests 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 additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under each application.
A-00114593, Folder 2. Majestic Limousine Service, Inc. (444 North Main Street, Doylestown, Bucks County, PA 18901), a corporation of the Commonwealth of Pennsylvania--additional right--persons, in limousine service, between points in the borough of Doylestown, Bucks County, and within an airline distance of 20 statute miles of the limits of said borough, and from points in said territory, to points in Pennsylvania, and return. Attorney: Michael Stachel, 444 North Main Street, Doylestown, PA 18901.
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-00113539, Folder 1, Am-A. White Transit School Buses, Inc. (239 Old River Road, P. O. Box 1007, Wilkes-Barre, Luzerne County, PA 18702), a corporation of the Commonwealth of Pennsylvania--persons in group and party service from the boroughs of Laflin, West Pittston, Dupont, Avoca, Hughestown and Duryea, and the townships of Jenkins and Pittston, Luzerne County, to points in Pennsylvania beyond 25 miles by the usually traveled highways of the point of origin: so as to permit the transportation of groups and parties of persons: (1) from the city of Scranton, the boroughs of Olyphant, Dickson City, Throop, Dunmore, Old Forge, Taylor and Moosic, and the village of Minooka, Lackawanna County, to various points and places in Pennsylvania; (2) from the boroughs of Clarks Summit and Dalton, and the township of LaPlume, South Abington and Newton, Lackawanna County, and the borough of Factoryville, Wyoming County, to points and places in Pennsylvania; (3) from the city of Carbondale, Lackawanna County, and the boroughs of Forest City, Susquehanna County, Vandling, Jermyn, Archbald, Winton, Blakely, Lackawanna County, and the villages of Simpson, Richmondale, Mayfield, Lackawanna County, Waymart, Prompton, Wayne County, Clifford and Dundaff, Susquehanna County, to various points and places in Pennsylvania; and (4) between points in the counties of Lackawanna, Monroe, Pike, Susquehanna and Wyoming, and from points in said counties, to points in Pennsylvania; subject to the following condition: that no right, power or privilege is granted to perform service in school bus-type vehicles from the borough of Clarks Green and the townships of Benton, Greenfield, Scott, Abington, North Abington, West Abington and Glenburn, Lackawanna County; which is to be a transfer of all of the rights authorized under the certificate issued at A-00089839, F. 2 and F. 2, Am-D to Price Bus Company, Inc., a corporation of the Commonwealth of Pennsylvania, subject to the same limitations and conditions. Attorney: Scott A. Gould, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108-1166.
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-00099590, Folder 1, Am-A. Richard J. Bosinec, t/a Richie's Transfer (5887 Logan Lane, Natrona Heights, Allegheny County, PA 15065-9801)--household goods, in use, from points in the boroughs of Brackenridge and Tarentum, the village of Natrona, and the townships of East Deer and Frazer, Allegheny County, to points within 10 miles, by the usually traveled highways, of the limits of said area, and vice versa; so as to permit the transportation of: (1) household goods in use, between points in the borough of Vandergrift, Westmoreland County, and within 15 miles by the usually traveled highways of the limits of the said borough; (2) household goods in use from the borough of Vandergrift, Westmoreland County, to other points in Pennsylvania, and vice versa; and (3) property, excluding household goods in use, between points in Pennsylvania; which is to be a transfer of all of the rights issued under the certificate at A-00093425 to John C. Wallace, t/a Wallace Moving and Storage, subject to the same limitations and conditions. Attorney: David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219-3427.
A-00086452, Folder 2, Am-G. The Snyder Brothers Moving, Inc., t/a George Transportation Company (729 New Castle Street, Zelienople, Butler County, PA 16063), a corporation of the Commonwealth of Pennsylvania--inter alia--transport household goods in use between points in the borough of McKees Rocks, Allegheny County, and within 25 miles by the usually traveled highways of the limits of the said borough: so as to permit the transportation of: (1) household goods in use between points in the city of Altoona, Blair County, and within 10 miles by the usually traveled highways of the limits of the said city; and (2) household goods in use from points in the city of Altoona, Blair County, and within 10 miles by the usually traveled highways of the limits of said city, to other points in Pennsylvania, and vice versa; which is to be a transfer of part of the rights authorized under the certificate issued at A-00075561, F. 2 to Drenning Delivery System, Inc., subject to the same limitations and conditions. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.
Motor Carrier Applications--
Property, Excluding Household Goods in UseThe 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 March 9, 1998.
A-00114625 Shawn Pulver, t/a Shawn Pulver
Hauling & Snow Plowing Service
211 Nuangola Road, Mountaintop, PA 18707: David Harris, 15 Public Square, Wilkes-Barre, PA 18702A-00114640 Philip L. Weaver
45 Lesal Road, Gordonville, PA 17529A-00114641 Sterrett Associates, Inc.
1297 Kelsall Road, Unionville, PA 19375: James W. Patterson, Sual Ewing Remick & Saul, LLP, 1500 Market Street, 38th Flr., Centre Square West, Philadelphia, 19102-2188A-00114642 Robert A. Kollar, t/a Robert A. Kollar
Hauling
753 Bristol Pike, Bensalem, PA 19020A-00114643 Phila. D.C. Express, Inc.
3301 S. Galloway Street, Room 253, Philadelphia, PA 19148A-00114644 Glen Weaver
R. D. 2, Box 2193, Fleetwood, PA 19522A-00114647 F. R. Hutchinson, t/a Ritchey's Towing
Service
114 Vine Street, Harrisburg, PA 17104A-00114649 DPR&R Enterprises, Inc.
P. O. Box 226, Frankfort, NY 13340: Lee Armstrong, P. O. Box 226, Frankfort, NY 13340A-00114653 Hall's Excavating, Inc.
2414 McCartney Road, Cocranton, PA 16314: Dearold W. Shuffstall, 201 Arch Street, Suite 200, Meadville, PA 16335-3432A-00114654 Sechrist Auto Transport, Inc.
121 Green Springs Road, Hanover, PA 17331: James Yingst, 40 York Street, Hanover, PA 17331A-00114655 Erich G. Bair
P. O. Box 6068, Harrisburg, PA 17112A-00114656 Kenneth J. Buchanan, t/a Freedom
Express
11 Railroad Street, Glen Lyon, PA 18617Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Sheila's Delivery Service, Inc.; Doc. No. A-00110505C9701
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. In response to the Federal Authorization Aviation Act of 1994, which, inter alia, amended the Interstate Commerce Act at 49 U.S.C. §§ 14501(c) and 41713(b), this Commission on December 20, 1994, issued an order at P-00940884 which set forth new application procedures for motor carriers of property. The order directed that former contract carriers of property would be deemed to be common carriers of property. As common carriers of property, they were now required to file evidence of cargo insurance with this Commission, as required by 52 Pa. Code § 32.13, in addition to bodily injury and property damage insurance, as required by 52 Pa. Code § 32.12.
2. That by virtue of the Commission's order at Docket No. P-00940884, Sheila's Delivery Service, Inc., respondent, which has its principal place of business at 827B Woodlyn Avenue, Sharon Hill, PA 19079, who held contract carrier authority at Docket No. A-00110505, was deemed to now hold common carrier authority.
3. The Commission, by letter dated November 8, 1996, directed the respondent, to file acceptable evidence of cargo insurance.
4. 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.
5. That respondent has failed to maintain evidence of cargo insurance, in violation of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code § 32.13.
6. That as a result of failure to maintain evidence of current cargo 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 Sheila's Delivery Service, Inc. at Docket No. A-00110505, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
JOSEPH W. FARRELL
Director, Bureau of Transportation
and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
Verification I, Joseph W. Farrell, 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.
JOSEPH W. FARRELL
Date: ______
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.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. H. P. Delivery Service, Inc.; Doc. No. A-00109837C97
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 H. P. Delivery Service, Inc., respondent, maintains a principal place of business at 7276 Penn Drive, Bath, PA 18014.
2. That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00109837.
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 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 H. P. Delivery Service, Inc. at Docket No. A-00109837, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Joseph W. Farrell
Director, Bureau of Transportation
and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
Verification I, Joseph W. Farrell, 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: ______
JOSEPH W. FARRELL
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.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Rieder Transportation Co., Inc.; Doc. No. A-00107367C9701
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. In response to the Federal Authorization Aviation Act of 1994, which, inter alia, amended the Interstate Commerce Act at 49 U.S.C. §§ 14501(c) and 41713(b), this Commission on December 20, 1994, issued an order at P-00940884 which set forth new application procedures for motor carriers of property. The order directed that former contract carriers of property would be deemed to be common carriers of property. As common carriers of property, they were now required to file evidence of cargo insurance with this Commission, as required by 52 Pa. Code § 32.13, in addition to bodily injury and property damage insurance, as required by 52 Pa. Code § 32.12.
2. That by virtue of the Commission's order at Docket No. P-00940884, Rieder Transportation Co., Inc., respondent, which has its principal place of business at 214 Orlando Avenue, Gloucester City, NJ 08030, who held contract carrier authority at Docket No. A-00107367, was deemed to now hold common carrier authority.
3. The Commission, by letter dated November 8, 1996, directed the respondent, to file acceptable evidence of cargo insurance.
4. 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.
5. That respondent has failed to maintain evidence of cargo insurance, in violation of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code § 32.13.
6. That as a result of failure to maintain evidence of current cargo 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 Rieder Transportation Co., Inc. at Docket No. A-00107367, for failure to maintain current evidence of insurance on file with the Commission or order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Joseph W. Farrell
Director, Bureau of Transportation
and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
Verification I, Joseph W. Farrell, 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.
JOSEPH W. FARRELL
Date: ______
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. 98-319. Filed for public inspection February 20, 1998, 9:00 a.m.]
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