NOTICES

Service of Notice of Motor Carrier Applications

[29 Pa.B. 5565]

   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 15, 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 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-00109668, F. 1, Am-D. Kirk Livery, Inc. (126 McClellan Drive, Pittsburgh, Allegheny County, PA 15236), a corporation of the Commonwealth of Pennsylvania-- persons in limousine service, between points in the counties of Armstrong and Indiana, and from points in the said counties, to points in Pennsylvania, and return:  So as to permit the transportation of persons in limousine service, between points in the counties of Washington, Westmoreland, Beaver, Cambria and Somerset, and from points in the said counties, to points in Pennsylvania, and return. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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-00116149, Folder 2. Joseph D'Ambra (2399 New Holland Pike, Lancaster, Lancaster County, PA 17601)--persons in paratransit service, between points in the county of Lancaster, and from points in said county, to points in Pennsylvania, and return.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Great Escape Vacations, Ltd., t/a Great Escape Travel; Doc. No. A-00111467C99

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 Great Escape Vacations, Ltd., t/a Great Escape Travel, respondent, maintains a principal place of business at 11 Centennial Way, Scottdale, PA 15683.

   2.  That all times relevant to this Complaint, respondent held a brokerage license issued by this Commission at Application Docket No. A-00111467.

   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 a surety bond on file with this Commission.

   4.  That respondent has failed to maintain evidence of a surety bond, 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 a surety bond on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Secretary of the Commission revoke respondent's brokerage license.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the brokerage license held by Great Escape Vacations, Ltd., t/a Great Escape Travel at Docket No. A-00111467, for failure to maintain evidence of a surety bond 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:  ______
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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. 99-1817. Filed for public inspection October 22, 1999, 9:00 a.m.]

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