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PA Bulletin, Doc. No. 98-750

NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 2193]

   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 June 1, 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 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-00109157, F. 1, Am-A. Paul L. Deivert, t/d/b/a Paul's Cab Service (1417 Market Street, Sunbury, Northumberland County, PA 17801)--persons upon call or demand in the borough of Northumberland, city of Sunbury and the townships of Rockerfeller, Lower Augusta and Upper Augusta, Northumberland County; subject to the following condition: That no right, power or privilege is granted to provide service for Consolidated Rail Corporation: so as to permit the transportation of persons upon call or demand in the boroughs of Shamokin Dam, Hummels Wharf and Selingsgrove, Snyder County.

   A-00099336, F. 1, Am-C. Transit Aide, Inc. (930 North Eighth Street, Philadelphia, Philadelphia County, PA 19123), a corporation of the Commonwealth of Pennsylvania--inter alia, persons in paratransit service, from the city and county of Philadelphia, to the following State Correctional Institutions and return: Frackville State Correctional Institution, Ryan Township, Schuylkill County; Waynesburg State Correctional Institution, Morgan Township, Greene County; Cresson State Correctional Institution, Cresson Township, Cambria County; and Retreat State Correctional Institution, Newport Township, Luzerne County: so as to permit the transportation of persons in paratransit service, from points in the city and county of Philadelphia to the following State Correctional Institutions and return: Mahoney State Correctional Institution, Schuylkill County; Coal Township State Correctional Institution, Northumberland County; Houtzdale State Correctional Institution, Clearfield County; and Smithfield State Correctional Institution, Huntingdon County. Attorney: Joseph E. Vaughan, P. O. Box 630, Exton, PA 19341.

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-00114875, Folder 1. Joseph T. Berg, t/d/b/a Berg's Limousine Service (480 Sankey Lane, New Castle, Lawrence County, PA 16105-1328)--persons in airport transfer service, from points in the county of Lawrence, to the Pittsburgh International Airport in the county of Allegheny; which is to be a transfer of part of the rights authorized George Ku, Inc., under the certificate issued at A-00096018, F. 5, subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

   A-00114875, Folder 2. Joseph T. Berg, t/d/b/a Berg's Limousine Service (480 Sankey Lane, New Castle, Lawrence County, PA 16105-1328)--persons in limousine service, between points in the county of Lawrence, and from points in said county, to points in Pennsylvania, and vice versa; subject to the following condition: That no right, power or privilege is granted to transport persons between or from points in the boroughs of New Wilmington and Volant, and the townships of Wilmington, Pulaski, Washington and Plain Grove, Lawrence County; which is to be a transfer of part of the rights issued to George Ku, Inc., under the certificate issued at A-00096018, F. 6, subject to the same limitations and conditions. 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 motor vehicles as common carriers for the transportation of persons by transfer of part of the rights as described under each application.

   A-00114888. Guardian Ambulance Service, Inc. (7335 Oxford Avenue, Philadelphia, Philadelphia County, PA 19111), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the townships of Abington, Cheltenham, Horsham, Lower Moreland and Upper Moreland, and all boroughs contained therein all in Montgomery County, townships of Bensalem, Lower Southampton, Upper Southampton, Middletown, New Britain, Warminster and Warrington, and all boroughs contained therein all in Bucks County, and that portion of the city and county of Philadelphia within an airline distance of 25 statute miles of the southern limits of said counties; subject to the following condition: That no right, power or privilege is granted to provide transportation Chester County, to or from the Philadelphia International Airport in the city and county of Philadelphia and the township of Tinicum, Delaware County, and North Philadelphia Airport, except for wheelchair patients in vans operated with side or rear-opening hydraulic lifts; which is to be a transfer of the right authorized to AMBU-Corps, Inc., under the certificate issued at A-00105947, subject to the same limitations and conditions.

   A-00114875, Folder 3. Joseph T. Berg, t/d/b/a Berg's Limousine Service (480 Sankey Lane, New Castle, Lawrence County, PA 16105-1328)--persons in limousine service, between points in the townships of Wilmington, Pulaski, Washington and Plain Grove, and the boroughs of New Wilmington, and Volant, Lawrence County; the townships of Shenango, Wilmington, Springfield, Findley, East Lackawannok and Lackawannok, the city of Hermitage and the borough of West Middlesex, Mercer County; the township and borough of Slippery Rock, Butler County; and the townships of Darlington, Big Beaver, North Sewickley, Franklin, the city of Beaver Falls, and the boroughs of Darlington, New Galillee, Koppel, Homewood and West Mayfield, Beaver County; and from points in said territory, to points in Pennsylvania; which is to be a transfer of all of the rights issued to Connolly's Limousine Service, Inc., under the certificate issued at A-00105991, subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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-00114856. Prison Express, Inc. (361 Wister Road, Wynnewood, Montgomery County, PA 19096), a corporation of the Commonwealth of Pennsylvania--brokerage license--to arrange for the transportation of persons, between points in Pennsylvania. Attorney: Richard T. Mulcahey, Jr., 1400 Two Penn Center, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102.

   A-00114887. Mark David Shenkan, t/d/b/a Collegiate Express Connection (2712 Carlisle Street, New Castle, Lawrence County, PA 16105-1738)--brokerage license--to arrange for the transportation of persons and their baggage between points in Pennsylvania. Attorney: Richard Shenkan, 2712 Carlisle Street, New Castle, PA 16105-1738.

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

   A-00058709, F. 5002. Butler Motor Transit, Inc. (210 South Monroe Street, Butler, Butler County, PA 16001), a corporation of the Commonwealth of Pennsylvania--stock transfer--approval of the transfer of issued and outstanding stock from William G. Kaylor, Robert M. Kaylor and Thomas M. Kaylor, to Coach USA, Inc. 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-00114603 (Amended). Herco, Inc. (300 Park Boulevard, P. O. Box 860, Hershey, Dauphin County, PA 17033-0860), a corporation of the Commonwealth of Pennsylvania--persons in airport transfer service, who are guests of the Hershey Lodge and Convention Center, and persons who are guests of the Hershey Hotel, from said facilities, both located in Derry Township, Dauphin County, to the Harrisburg International Airport located in Lower Swatara Township, Dauphin County by way of the following route: Route 322 west to Middletown Road; thence south along Middletown Road into Londonderry Township, thence west on Route 283 into Lower Swatara Township; thence south on State Route 3032 terminating at the Harrisburg International Airport, and return by way of the same route to the place of beginning. Attorney: John P. Neblett, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108-1166.

   A-00114580, Folder 3. Kenneth C. & Diane M. Lapinski, t/d/b/a Falcon Enterprises (101 Orchard Road, New Wilmington, Mercer County, PA 16142)--persons, in limousine service, between points in the county of Mercer, and from points in said county, to points in Pennsylvania, and return.

   A-00114855. Nicholas J. Reinhart, t/a Reinhart Leasing Company (620 North Reading Road, Ephrata, Lancaster County, PA 17522)--persons in limousine service, between points in the counties of Lancaster and Chester, and from points in said counties, to other points in Pennsylvania, and return. Attorney: Scott Miller, P. O. Box 562, Ardmore, PA 19003.

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 May 26, 1998.

A-00114890John and Michelle Hodle
12 Lincoln Street, Dallas, PA 18612
A-00114891Benjamin E. Beichner, t/a Beichner Lumber Company
R. D. 1, Box 100B, Shippenville, PA 16254
A-00114892Western Edge, Inc.
Box S, Claysville, PA 15323: Timothy Fitzgerald, 138 North Franklin Street, Washington, PA 15301
A-00114893HRI, Inc.
P. O. Box 155, State College, PA 16804-0155
A-00114895 James B. Gilbert, t/a Gilbert's Maintenance Serv.
11847 Cedar Mill Road, North East, PA 16428
A-00114898 Empire Kosher Poultry, Inc.
River Road, P. O. Box 165, Mifflintown, PA 17059: John P. Neblett, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108
A-00114897James H. Gibson, t/a Gibson's Transport & Hauling
P. O. Box 48351, Philadelphia, PA 19144
A-00114896Genesis Bulk Transport, Inc.
524 Darlington Road, Media, PA 19063
A-00114894 Lee Allard Trucking, Inc.
R. D. 1, Box 1484, Route 11, Great Bend, PA 18821
A-00114889 Kelly Eckert, t/a K & H Eckert Farming
R. D. 2, Box 1710, Lebanon, PA 17046: Thelia Eabay, 55 East Main Street, Ephrata, PA 17522
A-00114900MWG Transport, Inc.
321 E. Areba Avenue, Hershey, PA 17033
A-00114899Lewis Eyster
P. O. Box 173, Shenandoah, PA 17976
A-00114901Eagle Freight Services, Inc.
P. O. Box AMF 62066, Houston, TX 77205
A-00114902Shea's Trucking, Inc.
R. D. 1, Box 1347, Hamburg, PA 19526

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. William Fiore, t/d/b/a Mill Industrial Service Co.; Doc. No. A-00075776C98, A-00075776, F. 2.

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the 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 William Fiore, t/d/b/a Mill Industrial Service Co., respondent, maintains his principal place of business at 607 Miller Avenue, Clairton, Allegheny County, Pennsylvania 15025.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 23, 1953, at Application Docket No. A-00075776, F. 2.

   3.  That on or before March 18, 1998, respondent abandoned or discontinued service without having submitted a letter to this Commission containing a statement that the service is no longer being rendered.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke William Fiore's, t/d/b/a Mill Industrial Service Co. certificate of public convenience at A-00075776, F. 2.

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

   A.  You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) 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, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty. The penalty could include the revocation of your certificate of public convenience or other remedy.

   C.  If you file an answer which admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty (see B).

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Tube City Concrete Products; Doc. No. A-00099669C98, A-00099669

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the 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 Tube City Concrete Products Company, respondent, maintains its principal place of business at One Harrison Street, Glassport, Allegheny County, Pennsylvania 15045.

   2.  That respondent was issued a certificate of public convenience by this Commission on June 22, 1976, at Application Docket No. A-00099669.

   3.  That on or before March 18, 1998, respondent abandoned or discontinued service without having submitted a letter to this Commission containing a statement that the service is no longer being rendered.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Tube City Concrete Products Company's certificate of public convenience at A-00099669.

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

   A.  You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) 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, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty. The penalty could include the revocation of your certificate of public convenience or other remedy.

   C.  If you file an answer which admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty (see B).

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. National Medi-Vans, Inc.; Doc. No. A-00108588C98, A-00108588, Fs. 2 and 3.

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the 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 National Medi-Vans, Inc., respondent, maintains its principal place of business at 111 Sowers Street, Suite 403, P. O. Box 10031, State College, Centre County, Pennsylvania 16805.

   2.  That respondent was issued certificates of public convenience by this Commission on May 31, 1994 and August 15, 1994, at Application Docket No. A-00108588, Fs. 2 and 3, respectively.

   3.  That on or before March 18, 1998, respondent abandoned or discontinued service without having first filed an application with this Commission.

   4.  That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke National Medi-Vans, Inc.'s certificate of public convenience at A-00108588, Fs. 2 and 3.

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

   A.  You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) 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, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty. The penalty could include the revocation of your certificate of public convenience or other remedy.

   C.  If you file an answer which admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an order imposing a penalty (see B).

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-750. Filed for public inspection May 8, 1998, 9:00 a.m.]



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