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PA Bulletin, Doc. No. 97-462

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[27 Pa.B. 1520]

   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 April 14, 1997, 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-00113765.  Tracey Welson-Rossman and Steven Rossman, Copartner, t/d/b/a Kangakab (239 Barker Road, Wyncote, Montgomery County, PA 19095)--persons in paratransit service between points in the counties of Bucks and Montgomery, subject to the following condition: that all service shall be limited to passengers under the age of 18 years.

   A-00113769.  Marvin R. Myers, t/d/b/a Arrow Transportation Service (4850 North Carlisle Street, Philadelphia, Philadelphia County, PA 19141)--persons in paratransit service, between points in the city and county of Philadelphia.

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-00113748, Folder 3.  Tri-Star Enterprises, Inc., t/d/b/a Supershuttle (333 Jenkintown Commons, Old York Road and Wyncote Road, Jenkintown, Montgomery County, PA 19046), a corporation of the Commonwealth of Pennsylvania--persons in airport transfer service (1) between the Embassy Hotel in the township of East Whiteland, Chester County, and the Philadelphia International Airport, in the city and county of Philadelphia, and the township of Tinicum, Delaware County; subject to the following condition: that no right, power or privilege is granted to transport unaccompanied baggage or luggage; (2) from points in the city and county of Philadelphia, and those portions of the counties of Montgomery and Delaware bounded by a line beginning on the north of the Delaware River at the Philadelphia County Line; thence northwardly, westwardly and southwestwardly along the Philadelphia County Line to Philmont Avenue; thence southwestwardly along Philmont Avenue, Welsh Road, Valley Road, Washington Lane, Township Line to Glenside Avenue (excluding any portion of the borough of Jenkintown), Easton Road, Church Road, and Paper Mill Road to the Philadelphia County Line (Stenton Avenue); thence westwardly along the Philadelphia County Line and Blue Bell Road to Joshua Road; thence southwestwardly along Joshua Road to Cedar Grove Road; thence southeastwardly along Cedar Grove Road and the Schuylkill River, joining the Philadelphia County Line, and continuing to Port Royal Avenue; thence across the Schuylkill River to Mill Creek Road, Montgomery County; thence southwestwardly along Mill Creek Road, Lancaster Avenue, Ardmore Avenue into Delaware County and continuing along Ardmore Avenue, Ellis Road, Lawrence Road, and Darby Creek Road to Darby Creek; thence southwardly along Darby Creek to State Road; thence southwardly along State Road, Springfield Avenue, Saxer Avenue, Baltimore Avenue, Woodland Avenue, and Kedron Avenue to MacDade Boulevard; thence northeastwardly along MacDade Boulevard to Winona Avenue; thence southwardly along Winona Avenue, continuing in a straight line to the Delaware River, and thence northwardly along the Delaware River to the place of the beginning; to the Philadelphia International Airport, in the city and county of Philadelphia and the township of Tinicum, Delaware County, and the North Philadelphia Airport in the city and county of Philadelphia; subject to the following condition: that the vehicles used to render the above-described service will be separate and distinct from the vehicles used to render service under the authority at A-00113748, Folders 1 and 2; (3) from points in the counties of Bucks and Montgomery within an airline distance of 28 statute miles of the limits of the borough of Riegelsville, Bucks County excluding points west of Pennsylvania Traffic Route 73, to the Philadelphia International Airport, and vice versa; subject to the following conditions: (a) that all service shall be provided in vehicles not exceeding 7 passengers in capacity; (b) that no right, power or privilege is granted to render service from or to points in the townships of Montgomery, Hatfield, Upper Gwynedd and Towmencin and the boroughs of Lansdale and Hatfield, Montgomery County, from 6 a.m. to 6 p.m. 6 days per week, Monday through Saturday, except places of accommodation along Pennsylvania Traffic Route 309; which is to be a transfer of the rights authorized under the certificates issued at A-00094986, Folder 2, Am-D and Am-F and A-00094986, Folder 3, to Liberty Cab & Limousine Co., Inc., subject to the same limitations and conditions. Application for temporary authority has been filed at A-00113748, F. 3, seeking the same rights stated above. Attorney:  Kevin W. Walsh, 1900 Two Penn Center Plaza, Suite 1900, Philadelphia, PA 19102-1799.

   A-00113766.  John Four Transportation Services, Inc. (126 McClellan Drive, Pittsburgh, Allegheny County, PA 15236), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, in luxury-type equipment, between points in the counties of Allegheny, Washington, Butler, Armstrong, Beaver and Fayette, and in the cities of New Kensington, Lower Burrell and Arnold in Westmoreland County, and from said counties and cities to points in Pennsylvania, and vice versa, limited to vehicles having a seating capacity not to exceed 9 persons including the driver; subject to the following condition: (a) that no right, power or privilege is granted to the applicant to render any service, as a common carrier, to or from the Greater Pittsburgh International Airport, Moon Township, Allegheny County, and/or the Allegheny County Airport in the borough of West Mifflin, Allegheny County; (b) that within the area subscribed by a circle, the radius of which shall be 10 miles and the center of which shall be the Courthouse of the county of Allegheny, and within the limits of North Park of the county of Allegheny, the applicant's rights and privileges to engage, as a common carrier, in the transportation of persons in luxury-type equipment shall be limited to transporting persons to and/or from those sites and/or activities as shall be directly and approximately incidental to such ceremonial occasions as funerals, weddings, bar mitzvahs, christenings, proms and the like, including the provisions of flower cars therefor, which is to be a transfer of the rights authorized under the certificate issued at A-00101240 to Benjamin S. Betts, t/d/b/a B & B Limousine Service, subject to the same limitations and conditions. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

   A-00113748, Folder 2.  Tri-Star Enterprises, Inc., t/d/b/a Supershuttle (333 Jenkintown Commons, Old York Road and Wyncote Road, Jenkintown, Montgomery County, PA 19046), a corporation of the Commonwealth of Pennsylvania--persons on schedule from the Philadelphia International Airport in the city and county of Philadelphia to the George Washington Motor Lodge located on Highway Route 202 in the village of King of Prussia, Upper Merion Township, Montgomery County, and vice versa; Right (1) subject to the following conditions: (a) that no right, power or privilege is granted to pick up or discharge passengers at any point except the George Washington Motor Lodge and the Philadelphia International Airport, (b) that in the rendition of the service herein authorized, applicant is hereby limited and restricted to the operation of motor vehicles not to exceed a capacity of 10 passengers each; (2) persons on schedule from the Philadelphia International Airport in the city and county of Philadelphia to points on the following routes, and vice versa; beginning at the George Washington Motor Lodge located on Highway Route 202 in the village of King of Prussia, Upper Merion Township, Montgomery County, thence on Highway Route 202, Highway Route 23, Highway Route 363 and Highway Route 422 to the borough of Pottstown. Beginning at the George Washington Motor Lodge located on Highway Route 202 in the village of King of Prussia, Upper Merion Township, Montgomery County, thence on Highway Route 202 and Interstate Highway Route 76 (Schuylkill Expressway) to Valley Forge Interchange of the Pennsylvania Turnpike, thence on the Pennsylvania Turnpike to Fort Washington Interchange, thence on Highway Route 309 to Sheridan Penn-Pike Motor Inn and Fort Washington Industrial Park, thence returning on Highway Route 309 to Fort Washington Interchange, thence on Pennsylvania Turnpike to Willow Grove Interchange, thence on Highway Route 611 to the village of Willow Grove; Right (2) subject to the following conditions: (a) that in rendition of the service herein authorized, all passengers must be either picked up or discharged at the Philadelphia International Airport; (b) that in the rendition of the service herein authorized, applicant is hereby limited and restricted to the operation of motor vehicles not to exceed a capacity of 10 passengers each; (3) persons and their baggage, mail, express and newspapers, such as can be transported in vehicles without the removal of seats or inconvenience to passengers, from Philadelphia International Airport to points in the township of Upper Merion, Montgomery County, and the Valley Forge General Hospital in the township of Charlestown, Chester County, with no intermediate stops between King of Prussia and the Valley Forge General Hospital, and to the village of Trevose, Bucks County, located at the intersection of the Pennsylvania Turnpike and Highway Route 1, and vice versa; Right (3) subject to the following conditions: (a) that all transportation between the Philadelphia International Airport and the village of Trevose shall be restricted to Interstate Highway Route 76 (Schuylkill Expressway) and the Pennsylvania Turnpike, with no intermediate stops between the Philadelphia International Airport and King of Prussia, Montgomery County; (b) that in the rendition of the service herein authorized, all passengers must either be picked up or discharged at the Philadelphia International Airport; (c) that in the rendition of the service herein authorized, applicant is hereby limited and restricted to the operation of motor vehicles not to exceed a capacity of 10 passengers each. (4) persons on schedule in vehicles having a seating capacity of not more than 11 passengers, from points on the following route and spur routes to the Philadelphia International Airport in the city and county of Philadelphia, and vice versa: beginning at the western boundary of the borough of Norristown, on West Main Street, thence eastwardly on West Main Street to Arch Street, thence northwardly on Arch Street to Airy Street, thence east on Airy Street to Sandy Hill Road, and along same to Germantown Pike, thence on Germantown Pike to its intersection with Chemical Road, thence via Chemical Road to North Lane, thence via North Lane to Butler Pike, thence via Butler Pike and Fayette Street through the borough of Conshohocken, thence via bridge over the Schuylkill River to the borough of West Conshohocken, thence through the borough of West Conshohocken to the Schuylkill Expressway, thence via the Schuylkill Expressway and Highway Route 291 to Philadelphia International Airport, and returning via the same route, substituting however, Airy Street for Main Street between Arch Street and the west end of the borough of Norristown. Spur Route: beginning at the intersection of Walton Road and Germantown Pike, thence via Walton Road to its intersection with the Township Line Road, thence via Township Line Road to its intersection with Jolly Road, thence via Jolly Road to its intersection with DeKalb Pike (Route 202), thence via DeKalb Pike (Route 202) to its intersection with Township Line Road. Spur Route: beginning at the intersection of Germantown Pike and Plymouth Road, thence southwestwardly on Plymouth Road for a distance of 1/4 of a mile; Right (4) subject to the following conditions: (a) that no right, power or privilege is granted to pick up or discharge passengers between the southern boundary of the borough of West Conshohocken and said airport, except at the airport; (b) that in rendition of the service herein authorized, all passengers must either be picked up or discharged at the Philadelphia International Airport; (c) that there shall be only one point of pickup and discharge in the borough of West Conshohocken (the Tankard Inn); one point of pickup or discharge in the borough of Conshohocken (U. S. Post Office); and three points of pickup and discharge in the borough of Norristown west of Riverview Hospital (two of which shall be the Valley Forge Hotel and the Colonial House Motel). (5) persons and baggage in motor vehicles having a seating capacity of not more than 11 passengers, on schedule, from the Philadelphia International Airport in the city and county of Philadelphia, to points in the townships of Montgomery, Lower Gwynedd, Upper Gwynedd and Towamensing, Montgomery County, and vice versa. (6) persons and baggage in motor vehicles having a seating capacity of not more than 11 passengers, on schedule, from points on the following alternate route to the Philadelphia International Airport in the city and county of Philadelphia, and vice versa; beginning at the intersection of Main Street and Mill Street in the borough of Norristown, thence via Mill Street to Lafayette Street, thence via Lafayette Street to DeKalb Pike (Route 202), thence via DeKalb Pike to Goddard Boulevard in Upper Merion Township in Montgomery County, thence via Goddard Boulevard to the Schuylkill Expressway, thence via the Schuylkill Expressway to a point on the applicant's presently certificated route west of the borough of West Conshohocken, thence continuing via the Schuylkill Expressway and Highway Route 291 to the Philadelphia International Airport, and vice versa; Right (6) subject to the following conditions: (a) that no right, power or privilege is granted to pick up or discharge passengers between the southern boundary of the borough of West Conshohocken and said airport, except at the airport; (b) that in rendition of the service herein authorized, all passengers must either be picked up or discharged at the Philadelphia International Airport. (7) persons and their baggage, on schedule, in vehicles having a seating capacity of not more than 11 persons, from points on Roosevelt Boulevard (Highway Route 1) between its intersection with Highway Route 63 and its intersection with Highway Route 611 (including the North Philadelphia Airport), all in the city and county of Philadelphia, to the Philadelphia International Airport, and vice versa. (8) persons and their baggage, on schedule, in vehicles having a seating capacity of not more than 11 persons, from points on a route beginning at the intersection of Washington Lane and Cheltenham Avenue, thence via Washington Lane to Township Line Road, thence via Township Line Road to Highway Route 611, thence via Highway Route 611 to its intersection with Cheltenham Avenue, thence with closed doors on Highway Route 611 to its intersection with Roosevelt Boulevard (Highway Route 1), to the Philadelphia International Airport, and vice versa, all transportation to originate or terminate at the Philadelphia International Airport or its points on the above route in Montgomery County. (9) on schedule, persons and their baggage, mail, express and newspapers, in passenger-type vehicles having a meeting capacity of not more than 11 passengers, from points and places in the townships of West Norriton, Whitpain, East Norriton, Worcester and Lower Providence in Montgomery County, the townships of Schuylkill and Tredyffrin in Chester County, to the Philadelphia International Airport, in the city and county of Philadelphia, and vice versa; Right (9) subject to the following condition: that no right, power or privilege is granted to transport persons and their baggage to or from that portion of Tredyffrin Township, Chester County, on and south of Conestoga Road, Upper Gulph Road and Groton Road. (10) persons and their baggage, mail, express and newspapers, in motor vehicles having a seating capacity of not more than 11 passengers, on schedule, from points and places in the townships of Bensalem, Bristol, Lower Makefield, Middletown, Newtown and Upper Makefield in Bucks County to the North Philadelphia Airport and to the Philadelphia International Airport in the city and county of Philadelphia, and vice versa. (11) persons and their baggage, on schedule, in motor vehicles having a seating capacity of not more than 11 passengers over the following spur routes: Spur Route: beginning at the Oak Summit Apartments on Easton Road in Glenside, thence over Easton Road to Limekiln Pike, thence via Limekiln Pike to Greenwood Avenue, thence via Greenwood Avenue to West Avenue, thence via West Avenue to the Beaver Hills Apartments, thence over West Avenue to Township Line Road, thence via Township Line Road to its intersection with Washington Lane, a point on applicant's presently certificated route and vice versa; Spur Route: beginning at the Oak Summit Apartments on Easton Road in Glenside, thence over Easton Road to Church Road, thence via Church Road to its intersection with Washington Lane, a point on applicant's presently certificated route and vice versa. (12) in airport transfer service, persons and their baggage, mail, express and newspapers, in passenger-type vehicles with a seating capacity of not more than 11 passengers, on schedule, from points and places in the township of Upper Merion, Montgomery County, to the Philadelphia International Airport in the city and county of Philadelphia and the township of Tinicum, Delaware County, and vice versa; which is to be a transfer of part of the rights authorized under the certificate issued at A-00094986, F. 2, F. 2, Am-A and F. 2, Am-C to Liberty Cab & Limousine Co., Inc., a corporation of the Commonwealth of Pennsylvania, subject to the same limitations and conditions. Application for temporary authority has been filed at A-00113748, folder 2, seeking the rights cited above. Attorney:  Alan I. Moldoff, Suite 1900, Two Penn Center Plaza, Philadelphia, PA 19102-1799.

   A-00112577, Folder 5.  Airport Limousine Service, Inc., t/d/b/a Airport Limousine Service and Embassy Coach (5931 Ellsworth Avenue, Pittsburgh, Allegheny County, PA 15206), a corporation of the State of Delaware--persons in limousine service, from points in the county of Allegheny, to other points in Pennsylvania, and return; which is to be a transfer of the right authorized under the certificate issued at A-00106562 to Riemer's Limousine, Inc., subject to the same limitations and conditions. Application for temporary authority has been filed at A-00112577, folder 5, seeking the right cited above. Attorney:  John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.

Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under each application.

   A-00102322, Folder 5.  R & J Transportation, Inc. (R. D. 5, Box 5389-A, Pottsville, Schuylkill County, PA 17929) a corporation of the Commonwealth of Pennsylvania--persons in limousine service between points in Schuylkill County, and from points in said county to points in Pennsylvania and return. Attorney:  Kenneth Zielonis, P. O. Box 12090, Harrisburg, PA 17108-2090.

Application 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 household goods by transfer as described under each application.

   A-00113767.  Town & Country Van Line, Inc. (1983 Bridgetown Pike, Feasterville, Bucks County, PA 19053), a corporation of the Commonwealth of Pennsylvania--(1) property, excluding household goods in use, between points in Pennsylvania; (2) household goods in use, between points in the counties of Philadelphia, Delaware, Chester, Montgomery and Bucks, included within a line which connects the municipal boundaries of Chester, West Chester, Paoli, Norristown, Doylestown and Morrisville, but not including said places; (3) household goods in use, from points in the counties of Philadelphia, Delaware, Chester, Montgomery and Bucks, included within a line which connects the municipal boundaries of Chester, West Chester, Paoli, Norristown, Doylestown and Morrisville, but not including said places, to other points in Pennsylvania, and vice versa; (4) for the United States Department of Defense, household goods in use, between points in the counties of Lehigh, Bucks, Chester, Montgomery, Delaware and Northampton, and within an airline distance of 25 statute miles of the limits thereof, and from points in said territory, to points in Pennsylvania, and vice versa; which is to be a transfer of the rights authorized under the certificate issued at A-00108411 to Longstreet Group, Ltd., t/d/b/a Town & Country Van Line, subject to the same limitations and conditions. Attorney:  Richard A. Franklin, 1700 Sansom Street, 12th Floor, Philadelphia, PA 19103.

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 April 7, 1997.

A-00113358, F. 2Plant Service Corp.
P. O. Box 306, Pitman, NJ 08071
A-00113788Barbara Deleo
198 Panama Street, Pittston, PA 18640
A-00113791H. David Pitzer Trucking, Inc.
P. O. Box 276, Biglerville, PA 17307
A-00113152, F. 2Frey Brothers, Inc.
372 Puseyville Road, Quarryville, PA 17566
A-00113768Curtis R. Hoover
2430 South Fifth Avenue, Lebanon, PA 17042
A-00113790DiStefano Transportation, Inc.
1219 Morstein Road, West Chester, PA 19380
A-00113792Louis J. Rose, t/d/b/a
Rose Trucking
R. D. 1, Brockport, PA 15823
A-00113172, F. 2Michael Sean Caldwell
1119 Route 588, Fombell, PA 16123
A-00113793Gregg S. Tirpak, t/d/b/a
Fredericks Coal and Fuel Oil
R. R. 1, Box 333, Owl Creek Road, Tamaqua, PA 18252
A-00113794Reid Paving Contractors, Inc.
1850 Swamp Pike, Gilbertsville, PA 19525
A-00113795William F. Bradford, Sr.
280 Summit Avenue, Conshohocken, PA 19428

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Turbo Transport, Inc.; Doc. No. A-00109191C9601

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 Turbo Transport, Inc., respondent, maintains a principal place of business at 1108 First State Boulevard, Newport, DE 19804.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00109191.

   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 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 Turbo Transport, Inc. at Docket No. A-00109191, for failure to maintain current evidence of insurance on file with the Commission or 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 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 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. 97-462. Filed for public inspection March 21, 1997, 9:00 a.m.]



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