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PA Bulletin, Doc. No. 02-1548

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[32 Pa.B. 4291]

   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 (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 23, 2002, as set forth at 52 Pa. Code § 3.381 (relating to the applications for transportation of property, household goods in use 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 to begin operating as common carriers for transportation of persons as described under each application.

   A-00119192. Edward R. Johnson, t/d/b/a Blessed Transit/Johnson Services. (1320 Collier Street, Pittsburgh, Allegheny County, PA 15208)--persons in paratransit service, between points in the City of Pittsburgh, Allegheny County, and within an airline distance of 20 statute miles of the limits of said city, and from points in said territory, to points in Pennsylvania, and return.

   A-00119199. Brian T. Carroll. (1030 East Lancaster Avenue, 517, Rosemont, Delaware County, PA 19010)--persons in limousine service, between points in the Counties of Bucks, Chester and Montgomery, and from points in said counties, to points in Pennsylvania, and return.

   A-00117826, Folder 3. Hutton & Riggs, Inc. (94 Hidlay Church Road, Bloomsburg, Columbia County, PA 17815), a Pennsylvania corporation--persons in group and party service, using vehicles with a seating capacity of 15 passengers or less, including the driver, between points in the Town of Bloomsburg, Columbia County, and within an airline distance of 35 statute miles of the limits thereof, and from points in said territory, to points in Pennsylvania, and return.

   A-00119188. Philadelphia Carriage and Trolley Company. (500 North 13th Street, Philadelphia, Philadelphia County, PA 19123), a Pennsylvania corporation--persons in group and party service, using vehicles with a seating capacity of 15 passengers or less, including the driver, between points in the City and County of Philadelphia, and from points in said city and county, to points in Pennsylvania, and return. Attorney:  Adrienne H. Thomas, 4041 Ridle Avenue, Suite 17-105, Philadelphia PA 19129.

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-00115729, Folder 1 Am-A. Green's Taxi, Inc. (2079 Smith Township State Road, Burgettstown, Washington County, PA 15021), a corporation of the Commonwealth--persons upon call or demand, in the Boroughs of Burgettstown and Midway, and the Townships of Cross Creek, Hanover, Independence, Jefferson, Smith and Robinson, Washington County, except for points in the Township of Robinson, which are east of State Route 980 and south of North Branch Road; subject to the following condition:  That no right, power or privilege is granted to provide transportation in the above described territory under written contracts with the Pennsylvania Department of Transportation or the Washington County Transit Authority:  So as to Permit persons upon call or demand in the Borough of Canonsburg, and the Townships of Chartiers, Cecil and North Strabane, Washington County, and points in Washington County within an airline distance of 10 statute miles of the Borough of Canonsburg; and in the Townships of Hanover, Smith, Jefferson, Cross Creek, Independence and Hopewell, and the Boroughs of Burgettstown and West Middletown, all in Washington County. Application for temporary authority has been filed at A-00115729, F. 1, Am-A, seeking the right cited above. Attorney:  Paul J. Walsh, P. O. Box 356, Slovan, PA 15078.

   A-00118987, Folder 2 Am-A. S & S Taxi Co. (400 Eden Park Boulevard, McKeesport, Allegheny County, PA 15132), a corporation of the Commonwealth, for amendment to its pending common carrier certificate:  So as to Permit persons upon call or demand:  (1) in the Cities of McKeesport and Duquesne, Allegheny County; (2) in the Boroughs of Glassport, Liberty, White Oak, Dravosburg, Port Vue, Versailles and Lincoln and the Townships of Elizabeth and North Versailles, Allegheny County; (3) in the City of Clairton, and the Boroughs of Elizabeth and West Elizabeth, Allegheny County; (4) in the Borough of Trafford, Westmoreland and Allegheny Counties; (5) in the Borough of Braddock, Allegheny County; (6) in that portion of the Borough of North Braddock, Allegheny County, located west and south of Braddock Avenue and north of the body of water known as Turtle Creek; (7) in that portion of the Borough of West Mifflin, Allegheny County, located south and east of Lebanon Church Road, Buttermilk Hollow Road and the boundaries of the City of Pittsburgh, the Borough of Munhall, and the Borough of Whitaker; (8) in that portion of the Borough of Jefferson, Allegheny County, located east of Pennsylvania Highway Route 51 and Lewis Run Road; and (9) in the Boroughs of East Pittsburgh, East McKeesport, Wilmerding and Wall, Allegheny County, and the Cities of New Kensington, Arnold and Lower Burrell, Westmoreland County; which is to be a transfer of all the rights authorized under the certificate issued at A-00103670, F. 1 to S & S Transit, Inc., subject to the same limitations and conditions. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

   A-00117689, Folder 1, Am-A. Linda G. Krein, t/d/b/a We Care Limousine Service. (225 Alcoma Blvd, Pittsburgh, Allegheny County, PA 15235)--persons in limousine service, between points in Pennsylvania:  So as to Permit the transportation of persons in limousine service, between points in Allegheny County. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

   A-00111425, Folder 2, Am-C Daniel R. Koebler, t/d/b/a Crown Limousine Service (701 East Main Street Extension, Grove City, Mercer County, PA 16127)--persons in limousine service, between points in Pennsylvania:  So as to Permit the transportation of persons in limousine service, between points in Allegheny County.

   A-00107211, Folder 4, Am-B. Rainbow Cab, Inc., t/d/b/a Rainbow Limo & Air Parcel Service. (539 South Bolmar Street, West Chester, Chester County, PA 19382), a corporation of the Commonwealth, inter alia, (1) persons and their baggage, in airport transfer service, in vehicles having a seating capacity of not less than 7 passengers or more than 11 passengers including the driver, from the City of Coatesville, the Boroughs of Downingtown and West Chester, and the Townships of East Cain and West Goshen, all in Chester County, and the Townships of Birmingham and Concord, Delaware County, to the Philadelphia International Airport in the City and County of Philadelphia and the Township of Tinicum, Delaware County, and vice versa, and upon request to extend any schedule to and from the Boroughs of Atglen and Parkesburg and the Townships of Sadsbury, West Sadsbury and Valley, Chester County; (2) persons and their baggage, in airport transfer service, in vehicles with a seating capacity of not more than 18 nor less than 10 persons including the driver, from the Village of Lionville, Chester County, and points within an airline distance of 7 statute miles of the post office of said village, to the Philadelphia International Airport in the City and County of Philadelphia, and the Township of Tinicum, Delaware County, over a route as follows:  Route 100 south to Route 202; Route 202 south to Route 1; Route 1 east to Route 322; Route 322 east to Route I-95; Route I-95 east to the Industrial Highway (Route 291); Route 291 east to the Philadelphia International Airport; and returning; Alternate Route:  Route 100 south to Route 202; Route 202 north to the Schuylkill Expressway; Schuylkill Expressway east to Industrial Highway (Route 291); Route 291 west to the Philadelphia International Airport; and returning; with right no. 2 above subject to the following condition:  That no right, power or privilege is granted to render service to or from those portions of the Boroughs of Malvern and the Townships of Willistown and East Whiteland, Chester County, which lie within an airline radius of 7 miles of the post office of the Village of Lionville, Chester County; (3) persons, in airport transfer service, from the Comfort Inn, located at Route 100 and Shoemaker Road in the Borough of Pottstown, Montgomery County, to the Philadelphia International Airport located in the City and County of Philadelphia, and the Township of Tinicum, Delaware County; the above rights, 1, 2 and 3 are included in the rights held at A-00107211, F. 4; and (4) persons in airport transfer service, from the Townships of Westtown, Pocopson, East Goshen, Birmingham and Thornbury, all located in Chester County, and the Township of Thornbury located in Delaware County, to the Philadelphia International Airport, located in the City and County of Philadelphia and the Township of Tinicum, Delaware County; subject to the following condition:  that the service be performed in vehicles having a seating capacity of not less than 7 passengers nor more than 11 passengers including the driver; right No. 4 is included in the right held at A-00107211, F. 4, Am-A:  So as to Permit removal of the conditions underscored above.

Applications of the following for approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under each application.

   A-00117262, Folder 1, Am-A. Ralph J. Benner and Mary Ann Benner, copartners. (6 Hemlock Lane, Strasburg, Lancaster County, PA 17579)--discontinuance of service--persons in paratransit service, between points in the Counties of Chester, Lancaster, Lebanon and York, and from points in said counties, to points in Pennsylvania, and vice versa, limited to the transportation of persons whose personal convictions prohibit them from owning or operating motor vehicles; Subject to the following condition: that no right, power or privilege is granted to provide transportation in Chester County except transportation which shall originate in that portion of Chester County west of a line commencing at the Southern County border and its intersection with Route 10, then northerly along Route 10 to Route 30, then easterly along said Route 30 to By Pass Route 30 and then along said By Pass Route to its intersection with Pennsylvania Traffic Route 82, then northerly along Traffic Route 82 to its intersection with the Chester-Berks County border.

   Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for the transportation of household goods as described under each application

   A-00116153, Folder 1, Am-A. BDB & Sons Moving, Inc., t/d/b/a Crews 2 Use. (488 Orchard Circle, Exton, Chester County, PA 19341), a Pennsylvania corporation--household goods in use, between points in the County of Chester, and within an airline distance of 10 statute miles of the limits thereof, and from points in said territory, to points in Pennsylvania:  So as to Permit the transportation of household goods in use, between points in the County of Chester, and within an airline distance of 50 statute miles of the limits thereof, and from points in said territory, to points in Pennsylvania. Attorney:  James D. Campbell, Jr., 3631 North Front Street, Harrisburg, PA 17110-1533

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Market Transportation Services, Inc.; Doc. No. A-00113178C0201; A-00113178

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 Market Transportation Services, Inc., respondent, maintains its principal place of business at 3505 Silverside Road, 208M Plaza, Wilmington, DE 19810.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 23, 1996 at Application Docket No. A-00113178.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   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) and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Com-mission revoke Leasway Motorcar Transport Company's Certificate of Public Convenience at A-00113178.

                           Respectfully submitted,

                           Michael E. Hoffman, Director
                           Bureau of Transportation and Safety
                           P. O. Box 3265
                           Harrisburg, PA 17105-3265

VERIFICATION

   I, Michael E. Hoffman, 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: ____________
Michael E. Hoffman

NOTICE

   A.  You must file an answer within twenty 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). An answer is a written explanation of circumstances wished to be considered in determining the outcome. 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 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 days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   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 issue a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   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 Compliance Office at 717-787-1168.

JAMES J. MCNULTY, Jr.,   
Secretary

[Pa.B. Doc. No. 02-1548. Filed for public inspection August 30, 2002, 9:00 a.m.]



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