Service of Notice of Motor Carrier Applications [26 Pa.B. 6152] 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 January 13, 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 motor vehicles as common carriers for the transportation of persons by transfer of rights as described under each application.
A-00113582. Concord Limousine, Inc. (1020 West Lancaster Avenue, Bryn Mawr, Montgomery County, PA 19010), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in the county of Montgomery, and from points in said county to points in Pennsylvania, and vice versa; which is to be a transfer of the rights authorized under the certificate issued at A-00110553, to Corporate Limousine, Inc., subject to the same limitations and conditions. Attorney: John J. Gallagher, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.
Application of the following for approval amendment of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods by transfer of rights as described under each application.
A-00089629, Folder 1, Am-P. Robert R. Kennedy and Lois J. Kennedy, Copartners, t/d/b/a Kennedy Transfer (R. D. 1, Box 111, DuBois, Clearfield County, PA 15801)--household goods in use, from points in the city of DuBois, Clearfield County, to other points in Pennsylvania and vice versa: so as to permit the transportation of household goods in use, between points in the borough of Bellefonte, Centre County, and within 7 miles by the usually traveled highways of the limits of said borough, and from points in said area to points in Pennsylvania and vice versa; which is to be a transfer of part of the rights authorized under the certificate issued at A-00073006 to William C. Confer, subject to the same limitations and conditions. Attorney: John E. Fullerton, P. O. Box 9500, Harrisburg, PA 17108.
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-00112577, Folder 3. Airport Limousine Service, Inc. t/d/b/a Airport Limousine Service and Embassy Coach (formerly Als Acquisition Company) (5931 Ellsworth Avenue, Pittsburgh, Allegheny County, PA 15206), a corporation of the Commonwealth of Pennsylvania--brokerage license--to arrange for the transportation of persons between points in Pennsylvania. 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-00111341, Folder 4. Billtown Cab Co., Inc. (3575 West Fourth Street, Williamsport, Lycoming County, PA 17701), a corporation of the Commonwealth of Pennsylvania--persons in airport transfer service, from points in the counties of Lycoming and Clinton to the Williamsport-Lycoming County Airport in the borough of Montoursville, Lycoming County; the University Park Airport in Benner Township, Centre County; the Wilkes-Barre/Scranton Airport in Pittston Township, Luzerne County; the Harrisburg International Airport in the borough of Middletown and Lower Swatara Township, Dauphin County; the Capital City Airport in the borough of New Cumberland, Cumberland County, and Fairview Township, York County, and the Philadelphia International Airport in the city and county of Philadelphia, and Tinicum Township, Delaware County. Attorney: Lloyd R. Persun, P. O. Box 5950, Harrisburg, PA 17110-0950.
Applications of the following for amendment to the certificate of public convenience approving the operating of motor vehicle as common carriers for transportation of persons by transfer of rights as described under each application.
A-00106393, Folder 1, Am-B. A. J. Myers & Son, Inc. (R. D. 1, Route 422 East, Kittanning, Armstrong County, PA 16201), a corporation of the Commonwealth of Pennsylvania--persons in group and party service, in school bus-type vehicles, between points in the townships of Perry, Pine, Manor, South Buffalo, Parks, Kiskiminetas and Plumcreek, and the boroughs of Apollo, North Apollo, Leechburg, Freeport and Elderton, all in Armstrong County, and from points in said townships and boroughs to points in Pennsylvania, and return: so as to permit the transportation of groups and parties of persons, (1) from the boroughs of Zelienople, Harmony and Evans City, Butler County, to points in Pennsylvania; (2) from points in the townships of Cranberry, Forward, Jackson and Lancaster, Butler County, and the township of Marion, Beaver County, to points in said townships within 5 miles of the point of origin; which is to be a transfer of the rights authorized under the certificate issued at A-00100504, to Waycak Transit Lines, Inc., subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.
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 January 6, 1997.
A-00113566 Marc Moore, t/d/b/a Marc Moore's
Trucking
R. D. 5, Box 5585, Moscow, PA 18444A-00113567 Ronald N. Lanning
R. R. 3, Box 230A, Hunlock Creek, PA 18621A-00113568 Nancy S. Petroski
3147 Little Road, Perkiomenville, PA 18074A-00113569 Santarelli and Sons Oil Co., Inc.
443 Main Street, Peckville, PA 18452A-00113593 Shawn D. Weaver
206 West Main Street Rear, Everett,A-00113594 R & R Trucking, Inc.
1818 Burlington Street, Hamilton-Ontario, Canada, L8H3L4; William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383A-00113580 Envirite of Ohio, Inc.
2050 Central Avenue, S. E., Canton, OH 44707; Peter J. Skalaban, Jr., Esquire, 1717 Arch Street, 4000 Bell Atlantic Tower, Philadelphia, PA 19103-2793A-00113581 Envirite of Pennsylvania, Inc.
1600 Pennsylvania Avenue, York, PA 17404; Dechert, Price & Rhoads, Attention: P. J. Skalaban, 4000 Bell Atlantic Tower, 1717 Arch Street, Philadelphia, PA 19103-2793A-00113587 Jadon R. Shelter, t/d/b/a Keystate
Transport
5926 Maxheimer Road, St. Thomas, PA 17252A-00113588 Donald W. Himes, Jr., t/d/b/a Himes, Don Livestock Hauler
1343 West Campbell Road, Green Lane, PA 18054Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Vincent R. Worster and Sandra J. Worster, Copartners, t/d/b/a Lauhar Carriage; Doc. No. A-0011010C9601
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. Under 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 Vincent R. Worster and Sandra J. Worster, Copartners, t/d/b/a Lauhar Carriage, respondent, maintains a principal place of business at 664 Broad Street, Salamanca, NY 14779.
2. That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00110010.
3. That under 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 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 Vincent R. Worster and Sandra J. Worster, Copartners, Lauhar Carriage at Docket No. A-00110010, 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 17105-3265Verification 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 30 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. 96-2169. Filed for public inspection December 20, 1996, 9:00 a.m.]
