NOTICES

Service of Notice of Motor Carrier Applications

[29 Pa.B. 4503]

   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 September 13, 1999, 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-00116119.  St. Marys Area Ambulance Service, Inc. (773 Johnsonburg Road, St. Marys, Elk County, PA 15857), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the city of St. Marys, Elk County, and points in Elk County which are located within an airline distance of 15 statute miles of the limits of said city, and from points in the said territory, to points in Pennsylvania, and vice versa. Attorney: Marci M. Schneider, the Jaindl Building, 4029 West Tilghman Street, Allentown, PA 18104.

   A-00116116.  Life Force of Western PA., Inc. (35 Sixth Avenue, Greenville, Mercer County, PA 16125), a corporation of the Commonwealth of Pennsylvania--persons, in paratransit service, between points in the county of Mercer, and from points in said county, to points in Pennsylvania, and return.

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 household goods as described under each application.

   A-00116117.  Smart Move Makers, Inc. (P. O. Box 0164, New Cumberland, Cumberland County, PA 17070), a corporation of the Commonwealth of Pennsylvania--household goods in use, between points in the borough of New Cumberland, Cumberland County, and within an airline distance of 20 statute miles of the limits of said borough. An application for temporary authority has been filed at A-00116117 seeking the right cited above.

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-00098496, Folder 3, Am-A.  Greater Johnstown Yellow Cab, Inc. (1301 Frankstown Road, Johnstown, Cambria County, PA 15902), a corporation of the Commonwealth of Pennsylvania--persons and their baggage, in limousine service, in luxury type vehicles with a seating capacity of less than 8 persons, between points in Cambria County: So as to permit the transportation of persons and their baggage, in limousine service, between points in the counties of Bedford, Blair, Cambria and Somerset, and from points in said counties, to points in Pennsylvania, and return. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219

Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of household goods as described under each application.

   A-00113912, Folder 2.  Barry K. Lowe Sr., t/d/b/a Make Your Move (5158 Cleveland Avenue, West Mifflin, Allegheny County, PA 15112-1369)--additional right--household goods in use, between points in the county of Allegheny, and from points in said county, to points in the counties of Beaver, Butler, Westmoreland, Fayette and Washington, and vice versa.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Ronald J. Coleman, t/a Coleman Express Service; Doc. No. A-00112817C9901

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 Ronald J. Coleman, t/a Coleman Express Service, respondent, maintains a principal place of business at 566 Main Street, Lykens, PA 17048.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00112817.

   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 Ronald J. Coleman, t/a Coleman Express Service at Docket No. A-00112817, 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.

UJSP Inc.
P. O. Box 8993
Pittsburgh, PA 15221

   In re:  A-00110880C9901
A-00110880

Dear Respondent:

   On May 19, 1999, the Bureau of Transportation and Safety instituted a complaint against UJSP, Inc., respondent, alleging failure to maintain proper evidence of current insurance in violation of the Public Utility Code. The respondent was duly notified that if acceptable evidence of insurance or an answer was not filed, the Bureau would request that the Secretary of the Commission revoke the certificate of public convenience issued to the respondent at A-00110880.

   The complaint and notice were published in the June 19, 1999 issue of the Pennsylvania Bulletin; to date, more than twenty (20) days later, neither evidence of insurance nor an answer to the complaint has been filed. Therefore, the allegation in the complaint is deemed to be admitted.

   The complaint at A-00110880C9901 is hereby sustained and the right(s) and the certificate of public convenience issued to the respondent at A-00110880 be and are hereby revoked; and the respondent has no other operating authority. The respondent is hereby notified to cease and desist from providing service previously authorized under the certificate of public convenience.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 99-1415. Filed for public inspection August 20, 1999, 9:00 a.m.]

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