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PA Bulletin, Doc. No. 99-1904

NOTICES

Service of Notice of Motor Carrier Applications

[29 Pa.B. 5795]

   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 protest to the application. Protests to the applications published herein are due on or before Novermber 29, 1999, 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-00116314.  The Wayne County Memorial Hospital Association (610 Park Street, Honesdale, Wayne County, PA 18431), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the counties of Wayne, Pike and Lackawanna, and from points in said counties, to points in Pennsylvania, and vice versa. Attorney:  Thomas T. Niesen, Suite 500, 212 Locust Street, P. O. Box 9500, Harrisburg, PA 17108-9500.

   A-00116315.  East Coast Limo Service, Inc. (329 South 16th Street, Philadelphia, Philadelphia County, PA 19102), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in the city and county of Philadelphia, and the counties of Delaware, Montgomery, Bucks and Chester, and from points in said territory, to points in Pennsylvania, and return. Attorney:  Brendan M. McGinley, 329 South 16th Street, Philadelphia, PA 19102.

   A-00116316.  Philly's Limousine Service, Inc. (329 South 16th Street, Philadelphia, Philadelphia County, PA 19102), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in the city and county of Philadelphia, and the counties of Delaware, Montgomery, Bucks and Chester, and from points in said territory, to points in Pennsylvania, and return. Attorney:  Brendan M. McGinley, 329 South 16th Street, Philadelphia, PA 19102.

   A-00116324.  Grace Limo Service, Inc. (329 South 16th Street, Philadelphia, PA 19102), a corporation of the Commonwealth of Pennsylvania--Persons, in limousine service, between points in the city and county of Philadelphia, and the counties of Bucks, Chester, Delaware and Montgomery, and from points in the said territory, to points in Pennsylvania, and return. Attorney:  Brendan M. McGinley, 329 South 16th Street, Philadelphia, PA 19102.

   A-00116326.  Ron Galbreath (10428 East Lake Road, North East, Erie County, PA 16428), persons in limousine service between points in the county of Erie, and from points in the said county, to points in Pennsylvania, and return. Attorney:   William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

   A-00116327.  Advance Medical Associates, Inc. (1308 North Keyser Avenue, Scranton, Lackawanna County, PA 18504), a corporation of the Commonwealth of Pennsylvania--persons, in paratransit service, between points in the counties of Susquehanna, Wayne, Pike, Luzerne, Carbon, Monroe, Lackawanna, Wyoming, Schuylkill, Bradford, Sullivan, Columbia and Northampton, and from points in the said territory, to points in Pennsylvania, and return.

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-00116325.  Golden Limousine Service, Inc. (1315 Church Road, Oreland, Montgomery County, PA 19075), a corporation of the Commonwealth of Pennsylvania--persons in limousine service between points in the borough of Norristown, Montgomery County, and within an airline distance of 20 statute miles of the limits thereof; subject to the following conditions: (a) That no right, power or privilege is granted to transport persons for eventual transfer to the Philadelphia International Airport nor deliver any passenger to the following area whose passage originated at the Philadelphia International Airport said points are the boroughs of Pottstown, Collegeville and Norristown and the townships of Upper Dublin, Whitemarsh, Montgomery, Upper Merion, Plymouth, Upper Moreland and Lower Gwynedd, all within Montgomery County; and Kenny's News Agency in the borough of Doylestown, the Warrington Motor Lodge in Warrington, the George Washington Motor Lodge in Trevose, and the Holiday Inn on Street Road in Bensalem, all within Bucks County; and (b) That service in Chester County is limited to that area east of Route 29 and north of U.S. Highway Route 30; which is to be a transfer of all of the rights authorized under the certificate issued at A-00108809 to R and R Limousine, Incorporated, subject to the same limitations and conditions. Attorney:  John J. Gallagher, P.C., Suite 1100, 1760 Market Street, Philadelphia, PA 19103.

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

   A-00114599, F. 2.  Hazle Yellow Cab Company, Inc. (R. R. 1, Box 203A, Hazleton, Luzerne County, PA 18201), a corporation of the Commonwealth of Pennsylvania--additional right--persons in paratansit service between points in the city of Hazleton, Luzerne County, and within an airline distance of 35 statute miles of the limits of said city, and from points in said city and territory, to points in Pennsylvania, and return; subject to the following conditions: (1) That no right, power or privilege is granted to provide service from points in Schuylkill County; and (2) That the certificate holder is hereby authorized to accept payment for transportation rendered under this authority from persons or entities that arrange transportation for their customers, employes or members; which is to be a transfer of the paratransit rights of Royal Star Limousine Service Inc., authorized under the certificate issued at A-00111783, F. 1, subject to the same limitations and conditions. Attorney:  James D. Campbell, Jr., 3631 North Front Street, Harrisburg, PA 17110-1533.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as contract carriers for transportation of persons by transfer of rights as described under each application.

   A-00116322.  Milepost Transportation Inc. (6201 College Boulevard, Suite 334, Overland Park, Kansas 66211), a corporation of the State of Illinois--(1) persons and their equipment for Consolidated Rail Corporation: (a) from points in the city of Harrisburg, Dauphin County, and within an airline distance of 50 statute miles of the limits thereof to points in Pennsylvania within an airline distance of 10 statute miles of the rights-of-way of the Consolidated Rail Corporation, and vice versa; (b) from points in the city of Altoona, Blair County, and within an airline distance of 50 statute miles of the limits thereof to points in Pennsylvania within an airline distance of 10 statute miles of the rights-of-way of Consolidated Rail Corporation, and vice versa; and (c) from points in the city and county of Philadelphia, and within an airline distance of 50 statute miles of the limits thereof, to points in Pennsylvania within an airline distance of 10 statute miles of the rights-of-way of Consolidated Rail Corporation, and vice versa; (2) rail carrier employes and their equipment and baggage for: (a) Consolidated Rail Corporation (Conrail), between points in Pennsylvania; and (b) Norfolk Southern Corporation, between points in Pennsylvania; which is to be a transfer of all the rights authorized under the certificate issued at A-00109365, F. 1; F. 1, Am-A and F. 1, Am-C to Milepost Inns, Inc., t/d/b/a Milepost Industries, subject to the same limitations and conditions. Attorney:  William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.

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 as described under each application.

   A-00116317.  Robert G. Stanton and Richard A. Beckley, Copartners, t/d/b/a Sta-Bek Home Maintenance (522 Ellis Avenue, Building 6, Colwyn, Delaware County, PA 19023)--household goods in use, between points in the counties of Delaware, Chester and Montgomery, and from points in said counties, to points in Pennsylvania, and vice versa.

   A-00116323.  Roger Sharma (1400 Heller Drive, Yardley, Bucks County, PA 19067)--household goods in use, between points in that part of Bucks County south of the townships of Warminster, Warwick, Buckingham and Soleburg (including points in said townships), and from points in said territory, to points in Pennsylvania, and vice versa.

____

   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Material Trucking, Inc.; Doc. Nos. A-00086854C99, A-00086854, 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 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 Material Trucking, Inc., respondent, maintains its principal place of business at 510 Century Boulevard, Wilmington, DE 19808. Its mailing address is P. O. Box 5902, Wilmington, DE 19808.

   2.  That respondent was issued a certificate of public convenience by this Commission on May 31, 1960, at Application Docket No. A-00086854, F. 2.

   3.  That on or before June 4, 1999, 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 Material Trucking, Inc.'s certificate of public convenience at A-00086854, F. 2.

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

   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 issue a Secretarial Letter 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 issue a Secretarial Letter 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. Al-Fareed, Rafiq Diya, t/a Luxurious Limo's; Doc. No. A-00108462C98

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities 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 Al-Fareed, Rafiq Diya, t/a Luxurious Limo's, respondents, maintain their principal place of business at 662 North 17th Street, Philadelphia, PA 19126.

   2.  That, on the dates of the violations alleged in this complaint, respondents did not hold a certificate of public convenience issued by this Commission.

   3.  That on January 22, 1990, respondents filed an application at Docket No. A-00108462 with this Commission for authority to transport persons for compensation. The certificate of public convenience was canceled for failure to maintain insurance coverage on October 28, 1991.

   4.  That respondents held themselves out in the March 1998--February 1999 edition of the Bell Atlantic Philadelphia Yellow Pages to transport persons for compensation between points in the Commonwealth of Pennsylvania.

   5.  That respondents, on April 15, 1998, held themselves out telephonically to transport Enforcement Officer Thomas McManus for $80.00 compensation from the U.S. Air Terminal ''B'', Philadelphia International Airport, Philadelphia County, Pennsylvania to the Corestates Bank, Huntingdon Pike, Rockledge, Montgomery County, Pennsylvania.

   6.  That respondents, in performing the acts described in Paragraphs 4 and 5 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondents held themselves out to transport person(s) for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Al-Fareed, Rafiq Diya, t/a Luxurious Limo's the sum of one thousand two hundred fifty dollars ($1,250.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

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

   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 issue a Secretarial Letter imposing a penalty.

   C.  You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.

   D.  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 (see B).

   E.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the optional fine set forth in C, above.

   F.  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. Swift Transportation Co., Inc.; Doc. Nos. A-00110975C99, A-00110975, 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 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 Swift Transportation Co., Inc., respondent, maintains its principal place of business at 5601 West Mohave, Phoenix, Arizona 85031.

   2.  That respondent was issued a certificate of public convenience by this Commission on July 18, 1995, at Application Docket No. A-00110975, F. 2.

   3.  That on or before June 4, 1999, 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 Swift Transportation Co., Inc.'s certificate of public convenience at A-00110975, F. 2.

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

   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 issue a Secretarial Letter 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 issue a Secretarial Letter 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. 99-1904. Filed for public inspection November 5, 1999, 9:00 a.m.]



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