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PA Bulletin, Doc. No. 98-1927

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[28 Pa.B. 5822]

   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 December 14, 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 beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00115417.  Christopher J. Mercer & Ernest Demonte, Copartners t/d/b/a Blue Star Limousine Service (R.R. 4, 479B, Hill Church Road, Boyertown, Berks County, PA 19512)--persons, in limousine service: (1) between points in the townships of Pike, Oley, Amity, Douglass, Earl, Colebrookdale and Washington and the boroughs of Bally, Bechtelsville and Boyertown, all located in Berks County, and the townships of New Hanover, Upper Pottsgrove, West Pottsgrove, Lower Pottsgrove and Douglass and the borough of Pottstown, all located in Montgomery County, and from points in said territory, to points in Pennsylvania, and return; and (2) from the townships of Pike, Oley, Amity, Douglass, Earl, Colebrookdale and Washington and the boroughs of Bally, Bechtelsville and Boyertown, all located in Berks County, and the townships of New Hanover, Upper Pottsgrove, West Pottsgrove, Lower Pottsgrove and Douglass and the borough of Pottstown, all located in Montgomery County, to the Allentown Queen City Airport and the Lehigh Valley International Airport, both located in Lehigh County; the Pottstown Municipal Airport and the Reading Municipal Airport, both located in Berks County, and the Philadelphia International Airport located in the city and county of Philadelphia and Tinicum Township, Delaware County, and vice versa.

   A-00115423.  Kathleen M. Keighron t/d/b/a Community Custom Transportation Service, LLC. (MMC Plaza, 2nd Floor, Route 115, P. O. Box 541, Effort, PA 18330-0541)--persons upon call or demand in the counties of Monroe and Carbon.

   A-00115423, F. 2.  Kathleen M. Keighron t/d/b/a Community Custom Transportation Service, LLC. (MMC Plaza, 2nd Floor, Route 115, PO Box 541, Effort, PA 18330-0541)--persons in paratransit service, between points in the counties of Monroe and Carbon, and from points in the said counties, to points in Pennsylvania, and return.

   A-00115420. John Thomas Jackson, t/d/b/a Jackson's Taxi Service (P. O. Box 143, Farrell, Mercer County, PA 16121)--persons upon call or demand in the cities of Farrell, Sharon and Hermitage and the boroughs of Wheatland, Sharpsville, West Middlesex, Clark, Mercer and Greenville and the townships of Pymatuning, South Pymatuning and Shenango, all located in the county of Mercer.

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-00089839, Folder 4, Am-A. Price Bus Company, Inc. (c/o 239 Old River Road, P. O. Box 1007, Wilkes-Barre, Luzerne County, PA 18702), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--persons over the following route to the harness racetrack designated as Pocono Downs in Plains Township, Luzerne County and vice versa: Beginning at the intersection of Main Street and State Highway Traffic Route 315 in the borough of Dupont, Luzerne County, thence on State Highway Traffic Route 315 through Pittston Township, the borough of Yatesville, Jenkins Township and the borough of Laflin to the racetrack designated as Pocono Downs in Plains Township, and returning over the same route; service over said route to be provided only on days when racing is in progress at Pocono Downs; with Right No. 1 subject to the following conditions: That the rights, powers and privileges herein granted shall also include the right to digress from the aforesaid route when such is temporarily closed by municipal or Pennsylvania State Highway Authorities and official detours established by them, provided reports are filed with the Commission describing the detours, however, it includes no right to pick up or deliver passengers on these detours if certificated carriers have the right to render this service. Attorney: Scott Gould, 100 Pine Street, Harrisburg, PA 17108-1166.

   A-00089839, Folder 3, Am-A. Price Bus Company, Inc. (c/o 239 Old River Road, P. O. Box 1007, Wilkes-Barre, Luzerne County, PA 18702), a corporation of the Commonwealth of Pennsylvania--discontinuance of service--as a common carrier by motor vehicle, at A-00089839, F. 3, authorizing the transportation (1) on Monday nights only, persons attending social functions at St. Mary's Visitation Church in the borough of Dickson City, Lackawanna County, from points on the following routes to said church, and vice versa: (a) Beginning at the intersection of Main and Stephenson Streets in the borough of Duryea, Luzerne County, thence via Main Street through the boroughs of Old Forge and Taylor, Lackawanna County thence via South Main Avenue, North Main Avenue, Parker Street, North Scranton, thence via Boulevard Avenue to the borough of Dickson City, Lackawanna County, thence via Main Street to Blakely Corners, thence South Main Street, thence right on Dundaff Street to St. Mary's Visitation Church, in the borough of Dickson City; (b) Beginning at the intersection of Loomis and North Main Streets in the borough of Taylor, Lackawanna County, thence via North Main Street to the city of Scranton, thence via South Main Avenue, North Main Avenue, Market Street and Highway 307 to the North Scranton Expressway, thence via Highway Route 81 to North Main Avenue exit in the city of Scranton, thence via Main Avenue to Main Street in Dickson City, Lackawanna County, thence via Dundaff Street to St. Mary's Visitation Church in the borough of Dickson City; (c) Beginning at the intersection of Church Street and Winfield Avenue in the borough of Moosic, Lackawanna County, thence via Winfield Avenue, Rothe Street and Birney Avenue to the city of Scranton, thence via Pittston Avenue, Sanders Street, Cedar Avenue, Highway Route 11, Lackawanna Avenue, Wyoming Avenue, Green Ridge Street, Highway Route 307, North Main Avenue, Main Street in the borough of Dickson City, thence via Dundaff Street to St. Mary's Visitation Church in the borough of Dickson City; (d) Beginning at the Erie- Lackawanna Avenue Railroad Station, Jefferson Avenue in the city of Scranton, thence via Lackawanna Avenue, Cedar Avenue, Fig Street, Pittston Avenue, Moosic Street, Highway Routes 11 and 307 through the borough of Dunmore, Lackawanna County, thence via Dunmore Street in the borough of Throop, Lackawanna County, thence via South Valley Avenue in the boroughs of Throop and Olyphant, Lackawanna County, thence via Lackawanna Avenue in the borough of Olyphant, thence via Main Street in the borough of Dickson City, Lackawanna County, thence via Dundaff Street to St. Mary's Visitation Church in the borough of Dickson City; (e) Beginning in the village of Richmondale, Fell Township, Lackawanna County, thence via Hudson Street to the borough of Forest City, Susquehanna County, thence via Highway Routes 247 and 171 through the borough of Forest City, Susquehanna County, and Vandling, Lackawanna County, and the village of Simpson, Fell Township, Lackawanna County, thence via Highway Route 6 through the city of Carbondale, Lackawanna County, thence via Highway Route 247 through the boroughs of Archbald and Blakely, Lackawanna County, thence via Main Street in the borough of Dickson City, Lackawanna County, thence via Dundaff Street to St. Mary's Visitation Church in the borough of Dickson City; (2) on Tuesday nights only, persons attending social functions at St. Thomas Aquinas Church in the borough of Archbald, Lackawanna County, from points along the following routes to said church, and vice versa: (a) Beginning at the intersection of Main and Union Streets in the borough of Taylor, Lackawanna County, thence via North Main Street in the said borough, thence to South Main Avenue and North Main Avenue in the city of Scranton, thence via Main Street in the borough of Dickson City, thence via Main Street in the borough of Blakely, Lackawanna County, thence via Ridge Road and Keystone Avenue in the borough of Blakely, Lackawanna County, thence via Main Street in the borough of Archbald, Lackawanna County, thence via Salem Street and Laurel Street to the St. Thomas Aquinas Church in the borough of Archbald, Lackawanna County; (b) Beginning in the village of Richmondale, Fell Township, Lackawanna County, thence via Hudson Street to the borough of Forest City, Susquehanna County, thence via Highway Routes 247 and 171 through the boroughs of Forest City, Susquehanna County and Vandling, Lackawanna County, and the village of Simpson, Fell Township, Lackawanna County, thence via Highway Route 6 through the city of Carbondale, Lackawanna County, thence via Pike Street and Gordon Avenue in the city of Carbondale, thence via Lackawanna Avenue in the borough of Mayfield, Lackawanna County, thence via Washington Avenue in the borough of Jermyn, Lackawanna County, thence via Main Street to the borough of Archbald, Lackawanna County, thence via Salem Street and Laurel Street to the St. Thomas Aquinas Church in the borough of Archbald, Lackawanna County; (3) on Wednesday nights only, persons attending social functions at Holy Trinity Church in the village of Simpson, Fell Township, Lackawanna County, from points on the following routes to said church, and vice versa: (a) Beginning in the village of Richmondale, Fell Township, Lackawanna County, thence via Hudson Street to the borough of Forest City, Susquehanna County, thence via Highway Routes 247 and 171 to the borough of Forest City, Susquehanna County, thence via Highway Route 247 to the village of Browndale, Clinton Township, Wayne County, thence via Highway Route 171 through the borough of Vandling, Lackawanna County, to Main Street in the village of Simpson, Fell Township, Lackawanna County thence via Rittenhouse Street to Holy Trinity Church in the village of Simpson, Fell Township, Lackawanna County; (b) Beginning at the intersection of Main Avenue and Jackson Street in the city of Scranton, thence via North Main Avenue in the city of Scranton, thence via Main Street in the borough of Dickson City, thence via Main Street in the borough of Blakely, Lackawanna County, thence via Ridge Road in the said borough through the borough of Archbald, Lackawanna County, thence via Old Carbondale Turnpike through the boroughs of Jermyn and Mayfield, Lackawanna County, thence via Gordon Avenue in the city of Carbondale, Lackawanna County, thence via Pike Street, Highway Route 6 in the said city, thence via Highway Route 71 through the borough of Vandling, Lackawanna County, to Main Street in the village of Simpson, Fell Township, Lackawanna County, thence via Rittenhouse Street to Holy Trinity Church in the village of Simpson, Fell Township, Lackawanna County; (4) on Thursday nights and Sunday afternoons only, persons attending social functions at St. Nicholas Byzantine Roman Catholic Church in the borough of Old Forge, Lackawanna County, from points on the following routes to said church, and vice versa: (a) Beginning at the intersection of Main Avenue and Jackson Street in the city of Scranton, thence via South Main Street to Main Street in the boroughs of Taylor and Old Forge, Lackawanna County, thence via Powell Street, Church Street and Vine Street to St. Nicholas Byzantine Roman Catholic Church, in the borough of Old Forge, Lackawanna County; and (b) Beginning at the intersection of North Main Avenue and Market Street in the city of Scranton, thence via Market Street, Wayne Avenue, Oak Street, North Main Avenue, Highway Route 307, Wyoming Avenue, Lackawanna Avenue, Cedar Avenue and Highway Route 11 to the borough of Moosic, Lackawanna County, thence via Main Street and Moosic Road to the borough of Old Forge, Lackawanna County, thence via Main Street, Powell Street, Church Street and Vine Street to St. Nicholas Byzantine Roman Catholic Church in the borough of Old Forge, Lackawanna County; (5) on Friday nights only, persons attending social functions at St. Francis Church, Lee Park, Township of Hanover, Luzerne County, from points on the following route to said church, and vice versa: (a) Beginning at the intersection of Main Avenue and Jackson Street in the city of Scranton, thence via North Main Avenue, Highway Routes 307 and 11 through the borough of Dunmore, the city of Scranton and the borough of Moosic, Lackawanna County, and the borough of Avoca, Luzerne County, thence via Highway Route 315 to the borough of Dupont, Luzerne County, thence via Highway Route 309 to the city of Wilkes-Barre, Luzerne County, thence via Blackman Street and South Main Street in the said city, thence via Middle Road, Hanover Township, Luzerne County, thence via Oxford Street to St. Francis Church Hall in the township of Hanover, Luzerne County; subject to the following conditions is necessary or proper for the service, accommodation or convenience of the public: (a) That the transportation herein authorized shall be paid for by the respective churches and not the individual passengers; (b) that, with respect to the aforesaid route to St. Francis Church, Lee Park, Township of Hanover, Luzerne County, no right, power or privilege is granted to pick up or discharge passengers at the intersection of Main and McAlpine Streets in the borough of Avoca nor at points in said borough south of said intersection; (c) that, with respect to the aforesaid route to St. Francis Church, Lee Park, Township of Hanover, Luzerne County, no right, power or privilege is granted to pick up or discharge passengers at the intersection of Main and Zeigler Streets in the borough of Dupont nor at any point on said route south of Zeigler Street (Dupont), except at said church; and (d) that the certificate holder shall comply with all the provisions of the Public Utility Law as now existing or as may hereafter be amended, and Bus and Taxicab Regulations effective April 15, 1946, or as may hereafter be revised, and any other regulations as may hereafter be prescribed by the Commission. Failure to comply shall be sufficient cause to suspend, revoke or rescind the rights and privileges conferred by the certificate. Attorney: Scott A. Gould, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108-1166.

   A-00112763, Folder 1, Am-B. Eastern Medical Ambulance, Inc. (1309 East Market Street, Warren, Ohio 44483), a corporation of the State of Ohio--persons upon call or demand, in the city of Meadville, Crawford County: So as to permit the transportation of persons upon call or demand in the county of Crawford. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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 December 7, 1998.

A-00115433 Larry and Mindy Deatrick, Husband & Wife, t/a L & M Deatrick Trucking, R.D. 1, Box 59, Ickesburg, PA 17037
A-00115425Jeff Kairo, t/a Jeff Kairo Trucking, 130 Espy Street, Nanticoke, PA 18634
____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. EconExpress, Incorporated; Doc. No. A-00107656C9801

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 EconExpress, Incorporated, respondent, maintains a principal place of business at Suite 103-A, 1776 South Naperville Road, Wheaton, Illinois 60187.

   2.   That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00107656.

   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 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 EconExpress, Incorporated at Docket No. A-00107656, 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. 98-1927. Filed for public inspection November 20, 1998, 9:00 a.m.]



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