NOTICES

Service of Notice of Motor Carrier Applications

[26 Pa.B. 4152]

   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 16, 1996 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-00113263. Patrick Francis Miller, t/d/b/a Comfort Taxi Service (9942 Wigwam Trail, Linesville, Crawford County, PA 16424)--persons upon call or demand, in the townships of North Shenango, South Shenango, West Shenango, Pine, Conneaut, Summerhill, Summit, Sadsbury, West Fallowfield, East Fallowfield and the boroughs of Linesville and Conneaut Lake, all located in the county of Crawford.

   A-00113273. Maxi Taxi, Inc. (3445 St. Vincent Street, Philadelphia, Philadelphia County, PA 19149), a corporation of the Commonwealth of Pennsylvania--persons in airport transfer service, from points in the counties of Philadelphia, Bucks, Montgomery, Chester, Lehigh, Berks and Delaware, to the Philadelphia International Air- port, located in the city and county of Philadelphia and the township of Tinicum, Delaware County. Attorney:  Patrick T. Beaty, 240 North Third Street, Harrisburg, PA 17101.

   A-00113274. Roadrunner Express, Inc. (300 Cornell Drive, Suite A-7, Wilmington, New Castle County, DE 19801), a corporation of the State of Delaware--persons in limousine service, between points in the counties of Delaware, Chester and Philadelphia.

   A-00113284. Phillip C. Myers (442 Elm Avenue, Kingston, Luzerne County, PA 18704)--persons in limousine service, between points in the county of Luzerne, and from points in said county, to points in Pennsylvania and return.

Applications of the following for amendment to the contract carrier permit approving the operation of motor vehicles as contract carriers for transportation of persons as described under each application.

   A-00109546, Folder 3, Am-B. D & T Limousine Service, Inc. (P. O. Box 790, Columbia Station, OH 44028), a corporation of the State of Ohio, inter alia--contract carrier--employes, their baggage and equipment, for CSX Transportation, Inc. and Consolidated Rail Corporation, between points in the counties of Bucks, Chester, Delaware, Lehigh, Montgomery, Northampton and Philadelphia, and from points in said counties, to points in Pennsylvania and vice versa. Attorney:  John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

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-00113279. Loretta M. Wagner, t/d/b/a Legacy Tours of Distinction (HC88, Box 549, Pocono Lake, Monroe County, PA 18347)--brokerage license--to arrange for the transportation of persons between points in Pennsylvania.

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

   A-00108330, Folder 5000. J. C. Stillwell's Son, Inc. (1408 B Calcon Hook Road, Sharon Hill, Delaware County, PA 19079), a corporation of the Commonwealth of Pennsylvania--stock transfer--for the approval of the transfer of 100 shares of the issued and outstanding stock of Donald R. Redner to John Eder (50 shares) and Stephen Eder (50 shares). Attorney:  Barry Kleban, 1900 Two Penn Center Plaza, Philadelphia, PA 19102.

Notice of 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 September 9, 1996.

A-00113280	Mark J. Robbins, t/d/b/a M & D Enterprise 3008 Hauck Road, Green Lane, PA 18054
A-00113286	Matthew P. Esher, Inc. 203 Faggs Manor Road, Cochranville, PA 19330
A-00113287	G-Four Contractors, Inc. 378 Walter Road, Cochranville, PA 19330
A-00113288	Edwin G. McDermon 51 Deerpath Lane, Glenmore, PA 19343
A-00113289	Allied Oil & Chemical Sales, Inc. P. O. Box 3036, 1530 Clugston Road, York, PA 17402
A-00113290	Jon Granger Trucking, Inc. 657 Keller Road, Warren, PA 16365
A-00113291	Colleen Lanning, t/d/b/a C. Lanning Hauling R. R. 4, Box 141, Shickshinny, PA 18655
A-00113292	Tammy L. & Thomas E., Jr., Englehart 431 Old Hershey Road, Elizabethtown, PA 17022
A-00113261	Gerard W. McAndrew, t/d/b/a Jerry McAndrew Trucking 10035 Bridge Lane, Clarks Summit, PA 18411
A-00113293	Curnal, Inc. P. O. Box 891, Greentown, PA 18426
A-00113294	Keystone Logistics, Inc. P. O. Box 39024, Philadelphia, PA 19136
A-00113295	David Sites, t/d/b/a D. Sites Trucking 261 Nottingham Street, Plymouth, PA 18651
A-00113296	3 Springs Water Company, Inc., t/d/b/a 3 Springs 1800 Pine Run Road, Laurel Run, PA 18702

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. DE-PEN Line, Inc.; A-00092681C9601

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 DE-PEN LINE, INC., respondent, maintains a principal place of business at P. O. Box 486, Hollow Road, R. D. 1, Phoenixville, PA 19460.

   2.  That at all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00092681.

   3.  That pursuant to Section 512 of the Public Utility Code, 66 Pa. Code § 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 Commission revoke respondent's certificate of public convenience or order such other remedy as the Commission may deem to be appropriate.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke the certificate of public convenience held by DE-PEN LINE, INC., at Docket No. A-00092681, for failure to maintain current evidence of insurance on file with the Commission and order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,

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

Verification

   I, Kenneth E. Nicely, 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.

Notice to Plead

   A.  You must file an answer within 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 compliant 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 copies sent to:

John G. Alford, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this complaint within 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.

JOHN G. ALFORD,   
Secretary

[Pa.B. Doc. No. 96-1416. Filed for public inspection August 23, 1996, 9:00 a.m.]

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