Service of Notice of Motor Carrier Applications [28 Pa.B. 2744] 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 July 6, 1998, 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-00114965. Peter Pan Bus Lines, Inc. (1776 Main Street, P. O. Box 1776, Springfield, MA 01102), a corporation of the State of Massachusetts--for the right to begin to transport, persons in group and party service, between points in the city and county of Philadelphia, including the Delaware River, in amphibious vehicles with a seating capacity of 35 passengers or less, restricted to round-trip service only, with each trip including transportation on land and water. Attorney: Jeremy Kahn, 1730 Rhode Island Avenue, N.W., Suite 810, Washington, DC 20036.
A-00114984. Lois L. Feister, t/d/b/a Feister's Taxi Service (2202 Mine Road, Paradise, Lancaster County, PA 17562), for the right to begin to transport--persons, in paratransit service, between points in the township of Bart, Lancaster County, and within an airline distance of 50 statute miles of the limits thereof, and from points in said area, to points in Pennsylvania and return; limited to transportation of persons whose personal conditions prevent them from owning or operating a motor vehicle. Application for temporary authority has been filed at A-00114984, seeking the rights cited above.
A-00114982. Elizabethtown Ambulance, A Division of Friendship Fire and Hose Co. #1 (171 North Mt. Joy Street, Elizabethtown, Lancaster County, PA 17022), a corporation of the Commonwealth of Pennsylvania --persons in paratransit service, between points in the counties of Lancaster, Lebanon, York and Dauphin, and from points in the said counties, to points in Pennsylvania, and return. Attorney: Jack Smith, 222 South Market Street, Elizabethtown, PA 17022.
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-00114987. King Motor Koach Services, Inc. (906 East Main Street, Norristown, Montgomery County, PA 19401), a corporation of the Commonwealth of Pennsylvania--for the right to begin to transport--persons in group and party service, between points in the city and county of Philadelphia, and from points in said area, to points in Pennsylvania; subject to the following conditions: (1) that no right, power or privilege is granted to provide service in that portion of the city and county of Philadelphia located north and east of Frankford/Tacony Creeks; (2) that no right, power or privilege is granted to provide service in that portion of the city and county of Philadelphia bounded by Spring Garden Street on the north, the Schuylkill River on the west and south, and the Delaware River on the east and south; and (3) that no right, power or privilege is granted to provide service to or from the Philadelphia Civic Center and points located within an airline distance of 1/2 statute mile thereof; which is to be a transfer of all of the right authorized under the certificate issued at A-00109378 to Continental Tours, Inc., subject to the same limitations and conditions. Attorney: Reginald A. Krasmey, Bay Colony Executive Park, 565 East Swedesford Road, Suite 206, Wayne, PA 19087.
A-00114875, Folder 3 (corrected). Joseph T. Berg, t/d/b/a Berg's Limousine Service (480 Sankey Lane, New Castle, Lawrence County, PA 16105-1328)--persons in limousine service, between points in the townships of Wilmington, Pulaski, Washington and Plain Grove, and the boroughs of New Wilmington, and Volant, Lawrence County; the townships of Shenango, Wilmington, Springfield, Findley, East Lackawannok and Lackawannok, the city of Hermitage and the boroughs of West Middlesex and Mercer, Mercer County; the township and borough of Slippery Rock, Butler County; and the townships of Darlington, Big Beaver, North Sewickley, Franklin, the city of Beaver Falls, and the boroughs of Darlington, New Galillee, Koppel, Homewood and West Mayfield, Beaver County; and from points in said territory, to points in Pennsylvania; which is to be a transfer of all of the rights issued to Connolly's Limousine Service, Inc., under the certificate issued at A-00105991, subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.
A-00114985. Cranberry Limousine Service, Inc. (133 Glenbrook Drive, Cranberry Township, Butler County, PA 16066), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Butler County, and from points in the county of Butler, to points in the county of Allegheny, and vice versa; and from points in the counties of Butler and Allegheny, to points in Pennsylvania on and west of U.S. Highway Route 219, and return; which is to be a transfer of part of the rights issued to Star Limousine Service, Inc., under the certificate issued at A-00106305, F. 1, subject to the same limitations and conditions. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219-2383.
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-00109753, Folder 1, Am-A. Larry J. Wills (373 Cannery Road, Somerset, Somerset County, PA 15501), inter alia--persons upon call or demand in the borough of Somerset, Somerset County, and within an airline distance of 10 statute miles of the limits of said borough: so as to permit the transportation of persons upon call or demand, in the county of Somerset; subject to the following condition: Provided that no right, power or privilege is granted to provide service in that part of Somerset County that is both east of State Route 160 and north of U.S. Highway Route 30. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.
A-00111913, F. 1, Am-B. Bucks County Services, Inc. (1167 Newport Mews Drive, Bensalem, Bucks County, PA 19020), a corporation of the Commonwealth of Pennsylvania--persons upon call or demand in Lower Southampton Township and those portions of Northampton Township, Wrightstown Township, Upper Makefield Township, Solebury Township and the borough of New Hope located south and east of Pennsylvania Route 232, all townships and borough are located in Bucks County; subject to the following condition: that no right, power or privilege is granted to transport persons in call or demand service between points in, to or from the township of Upper Southampton, Bucks County: so as to permit the transportation of persons upon call or demand in Solebury Township and New Hope Borough, and the portion of Bucks County, located south and east of Pennsylvania Route 232, and that portion of Bryn Athyn Borough and Lower Moreland Township south and east of Pennsylvania Route 232 in Montgomery County to the Pennypack Creek, thence south and east along the Pennypack Creek in the city and county of Philadelphia, to the Delaware River, thence north along the Delaware River to the Bucks County Line in Bensalem Township, Bucks County. Attorney: William H. R. Casey, 99 East Court Street, Doylestown, PA 18901.
Application of the following for the approval of the transfer of stock as described under each application.
A-00111906, Folder 5000. Sharaton Bus Service, Inc. (RT. 6 East, P. O. Box 790, Wyalusing, Bradford County, PA 18853), a corporation of the Commonwealth of Pennsylvania--for the approval of the transfer of 50 shares of issued and outstanding shares of stock held by Arden Newton to Kenneth Sharer. Attorney: Kenneth Zielonis, 208 North Third Street, Suite 310, Harrisburg, PA 17101.
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-00114976. Lyle C. Arana (1541 Fitzwatertown Road, Willow Grove, Montgomery County, PA 19090)--household goods in use, between points in the boroughs of Ambler, Bryn Athyn and Hatboro, and the townships of Abington, Cheltenham, Upper Moreland, Lower Moreland, Horsham, Upper Dublin, Springfield, Montgomery, Upper Gwynedd and Lower Gwynedd, all in Montgomery County.
Applications of the following for approval of the right and privilege to partially discontinue/abandon operating as common carriers by motor vehicle for the transportation in use as described under each application.
A-00109820, F. 1, Am-A. M. J. McLaughlin Co. (142 South Washington Street, Wilkes-Barre, Luzerne County, PA 18701-2997), corporation of the Commonwealth of Pennsylvania--discontinuance of service, and cancellation of a certificate, as a common carrier, by motor vehicle, of all the limousine authority held at A-00109820, which permits the transportation of persons, from the city of Wilkes-Barre, Luzerne County, to the Wilkes-Barre/Scranton International Airport, borough of Avoca, Luzerne County; the city of Scranton, Lackawanna County; and points in Monroe County, and return.
Applications of the following for approval of the right and privilege to partially discontinue/abandon operating as common carriers by motor vehicle for the transportation of household goods in use as described under each application.
A-00087078, F. 2, Am-T. J. R. Butler, Incorporated (P. O. Box 487, East Syracuse, NY 13057), corporation of the Commonwealth of Pennsylvania--discontinuance of service and cancellation of the certificate of public convenience as a common carrier by motor vehicle which authorizes the following rights: (1) as a Class B carrier, household goods, in use, between points in the borough of Dunmore, Lackawanna County, and territory within 3 miles of the limits of said borough; (2) household goods in use from points in said territory, to points in Pennsylvania, and vice versa; (3) household goods in use between points in the city of Scranton, Lackawanna County, and within 3 miles of the limits of said city; (4) household goods in use from points in the city of Scranton, Lackawanna County, and within 3 miles of the limits of said city, to points within 40 miles by the usually traveled highways of the point of origin; and (5) property, except household goods in use, between points in Pennsylvania.
Applications of the following for approval amendment 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-00113157, Folder 1, Am-A. Mary Lewis (R. R. 2, Box 193E, Carmichaels, Fayette County, PA 15320), inter alia--persons in limousine service, between points in the county of Greene, and from points in said county, to points in Pennsylvania, and return; subject to the following conditions: (a) that no right, power or privilege is granted to provide service for funeral homes or to persons attending funerals; and (b) that no right, power or privilege is granted to provide service in vehicles with seating capacities of less than 8 passengers, not including the driver: so as to permit the transportation of persons in limousine service: (1) between points in Fayette County; and (2) from points in the county of Fayette, to points in the boroughs of Carmichaels, Clarksville, Jefferson, Rice's Landing and the townships of Cumberland, Monongahela, Morgan and Jefferson, Greene County; and the boroughs of West Brownsville, Marianna, Centerville, California, Roscoe, Stockdale, Dunlevy, Allenport, Elco, Charleroi, Speers, Coal Center, Beallsville, Donora, and Long Branch, and the townships of East Bethlehem, North Bethlehem and Hanover, Washington County and return; which is to be a transfer of all of the rights authorized under the certificate issued at A-00110340 and A-00110340, F. 1, Am-A to Garry Sisson, t/d/b/a Garry's Car & Truck Rental, subject to the same limitations and conditions. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.
A-00102568, F. 3, Am-A. Harry Williams, t/d/b/a Harry Williams Cab Service (2040 Centre Avenue, Pittsburgh, Allegheny County, PA 15219)--persons upon call or demand in the 3rd, 4th and 5th Wards of the city of Pittsburgh, Allegheny County, and those areas of the city of Pittsburgh commonly known as Northview Heights, St. Clair Village, Glen Hazel Project, Westgate Village, and Broadhead Manor, and the Homewood-Brushton area bounded generally by Washington Boulevard and Penn Avenue, the Beltzhoover area bounded by Brownsville Road, Arlington Avenue, Warrington Avenue and Saw Mill Run Boulevard, and that portion of the Manchester area bounded by Beaver Avenue, Brighton Road, Western Avenue and Marshall Avenue: so as to permit the transportation of persons upon call or demand in the city of Pittsburgh, Allegheny County; which is to be a transfer of all of the rights authorized UJSP, Inc., t/d/b/a Blue White Taxi, under the certificate issued at A-00110880, subject to the same limitation and conditions. 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-00114603, Folder 2. Hershey Entertainment & Resorts Company (300 Park Boulevard, P. O. Box 860, Hershey, Dauphin County, PA 17033-0860), a corporation of the Commonwealth of Pennsylvania--additional right to its pending application--persons in paratransit service, for the guests of the Hershey Lodge and Convention Center and the Hotel Hershey, between the Hershey Lodge and Convention Center, Hotel Hershey, both located in Derry Township, Dauphin County and the Amtrak Train Station located in the city of Harrisburg, Dauphin County. Attorney: John P. Neblett, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108.
A-00109753, Folder 3. Larry J. Wills (373 Cannery Road, Somerset, Somerset County, PA 15501)--additional right--persons, in paratransit service, between points in the county of Somerset, and from points in said county, to points in Pennsylvania, and return. Attorney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219.
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 June 29, 1998.
____A-00114973 Midwest Logistics, Inc.
P. O. Box 959, Rantoul, IL 61866A-00114974 Leslie W. Miller, Jr., t/a Miller
Automotive
P. O. Box 459, Dushore, PA 18614-0459A-00114975 Marzocchi Trucking Co., Inc.
9 Meadowbrook Drive, Selingsgrove, PA 17870A-00114977 Menichino Paving Company, Inc.
402 Sampson Street, New Castle, PA 16101A-00114978 Samuel S. & Michael D. Shirk, t/a Shirk Excavating
R. D. 2, Box 2021-B, Fleetwood, PA 19522A-00114979 David P. Clover, t/a Clover Trucking
P. O. Box 1427, Harrisonburg, VA 22801A-00114980 B & B Gash Trucking Corp.
359 Nemoral Street, Warminster, PA 18974: Joseph P. Murdock, P. O. Box 40248, Indianapolis, IN 46240A-00114981 Penske Transportation Services, Inc.
P. O. Box 563, Reading, PA 19603: George C. Balchunas, P. O. Box 563, Reading, PA 19603-0563A-00114983 Beaver Valley Consolidated Transport Systems, Inc.
901 20th Street, Aliquippa, PA 15001A-00111135 F.3 James W. Heater
614 Jack Street, Greensburg, PA 15601A-00114168 F.2 Charles R. & Mildred S. Altemus, t/a Altemus Farms
R. D. 1, Box 134, Penn Run, PA 15765A-00114972 Charles W. Reckart, t/a Reckart
Trucking
P. O. Box 90, Route 166 South, Martin, PA 15460A-00114971 Richard W. Frazee, t/a R. W. Frazee
6446 National Pike Road, Addison, PA 15411A-00114970 Geo-Drain, Inc.
161 Jordan Street, P. O. Box 85, South Heights, PA 15081A-00114969 Thomas J. Jones, t/a T.J.'s Hauling
9 Moores Court, Quakertown, PA 18951A-00114968 Surehaul Transport, Inc.
P. O. Box 335, Paulsboro, NJ 08066: Edward L. Ciemniecki, One Liberty Place, Thirty-Second Floor, 1650 Market Street, Philadelphia, PA 19103-7393A-00114929 Red Ball Express Corporation
625 Rocky Glen Road, Avoca, PA 18641: Mose Lewis III, 4201 Connecticut Avenue, NW, Suite 400, Washington, DC 20008A-00109753 F.4 Larry J. Wills
373 Cannery Rd, Somerset, PA 15501: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219A-00114998 Wayne L. Altemose, t/a Wayne L. Altemose Trucking
R. D. 1, Box 289 A, Astolat Road,
Effort, PA 18330A-00114997 Brian G. Witosky, t/a Brian G. Witosky Trucking
146 Stouffer Hill Road, Friedens, PA 15541A-00114996 Jay-Kay Carrier's, Inc.
R. R. 2, Box 198, Olyphant, PA 18447A-00114995 Earl L. Livingston, t/a Dillsburg Septic Excavating & Paving
516 Range End Road, Dillsburg, PA 17019: J. Bruce Walter, Dauphin Bank Bldg., 12th Floor, One South Market Square, P. O. Box 1146, Harrisburg, PA 17108-1146A-00114994 Carl W. Burd
R. R. 2, Box 1050, Port Royal, PA 17082A-00114993 Edward B. Stephens, t/a E. B. Stephens Trucking
121 West Boot Road, West Chester, PA 19380A-00114992 Kerry McCrary, t/a McCrary
Enterprises
R. D. 2, Box 4473, Jonestown, PA 17038A-00114991 Harold T. Litzel, t/a Harold T. Litzel Towing
6870 Old Ridge Road, Fairview, PA 16415A-00114990 Bryan Miller Trucking, Inc.
R. R. 1, Box 90-M, New Ringgold, PA 17960: Thomas R. Lisella, 109 W. Broad Street, Tamaqua, PA 18252A-00114989 FMDL Equipment, Inc.
Box 52, 900 S. Railroad Street, Penn, PA 15675A-00114986 Sherwood Wilson, t/a C & S Wilson & Son
268 Romney Boulevard, Newark, DE 19702A-00114999 Keith B. Coyne
R. D. 8, Box 8229, Reeders, PA 18360A-00114976 F.2 Lyle C. Arana
1541 Fitzwatertown Road, Willow Grove, PA 19090A-00115000 Hunnum Electric, Inc.
P. O. Box 37, Uwchland, PA 19480A-00115001 David L. Banghart
529 Church Drive, Muncy, PA 17756A-00115002 D & V Trucking, Inc.
12803 Col-Canfield Road, Columbus, OH 44408: David A. Ferris, 2733 West Dublin-Granville Road, Columbus, OH 43235-2798A-00115003 Rusty E. & Steven N. Miller, Copartners, t/a R & S Miller Trucking
P. O. Box 205, Loganton, PA 17747A-00115004 Corporate Express Delivery Leasing--Northeast, Inc.
800 Main Street, Troy, NY 12180: William P. Parker, 2212 N.W. 50th, Suite 163, Oklahoma City, OK 73112A-00115005 Corporate Express Delivery Systems--Northeast, Inc.
800 Main Street, Troy, NY 12180: William P. Parker, 2212 N.W. 50th, Suite 163, Oklahoma City, OK 73112A-00115006 Kemner Equipment Management Corp.
65 Lightcap Road, Pottstown, PA 19464: Christopher Zettlemoyer, P. O. Box 11844, Harrisburg, PA 17108-1844A-00115008 Russell John Greiser, t/a Russell J. Greiser
R. R. 1, Box 1675, Dushore, PA 18614A-00115012 Kuntz & Son, Inc.
590 Hershey Road, Hummelstown, PA 17036: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110A-00110361 F.2 K. Murphy & Co., Inc.
1991 Turnpike Road, Elizabethtown, PA 17022: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110A-00115011 John R. Fenstermaker, t/a Fenstermaker Trucking
R. R 2, Box 848, Jersey Shore, PA 17740A-00115007 Jean L. Stroble, t/a Stoble Trucking Service
1844 Ridge Road, Cogan Station, PA 17728A-00115009 Mark A. Weber
3900 Elmerton Avenue, Harrisburg, PA 17109: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110A-00115010 Harvey M. Fisher
1531 Sand Hill Road, Hummelstown, PA 17036: David H. Radcliff, 3905 North Front Street, Harrisburg, PA 17110
Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice-Chairperson; John Hanger; David W. Rolka; Nora Mead Brownell
Public Meeting held
May 21, 1998Pennsylvania Public Utility Commission v. Cherry Ridge Trucking, Inc., R. D. 2, Box 2055, Honesdale, PA 18431; A-00106902C9801
Order By the Commission:
On February 26, 1998, the Bureau of Transportation and Safety instituted a complaint against Cherry Ridge Trucking, Inc., respondent, alleging, inter alia, that respondent failed to pay an assessment, in violation of 66 Pa.C.S. § 510(c).
In accordance with 52 Pa. Code § 5.61, the notice page of the complaint notified respondent that it must file an answer to the complaint within twenty (20) days of the date of service. The notice further specified that, if the respondent failed to answer the complaint within twenty (20) days, or if the respondent filed an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety would request that the Commission enter an order imposing the penalty set forth in the complaint.
On March 31, 1998, Lee C. Krause, Esquire, filed an answer to the complaint, on behalf of respondent, which advised this Commission that respondent is no longer in business and has had no assets and/or vehicles for a minimum of four years. Respondent's certificate will be cancelled; however, respondent will be required to pay the outstanding assessment balance of $11,319.00 prior to any approval for reinstatement of its certificate.
Therefore, It Is Ordered That:
1. The allegations in the complaint are admitted.
2. The complaint is sustained.
3. The certificate of public convenience held by Cherry Ridge Trucking, Inc. is hereby revoked.
4. Cherry Ridge Trucking, Inc. cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of this Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of respondent's certificate of public convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
5. The Secretary of the Commission serve a copy of this cancellation order on: Department of Revenue, Bureau of Audit Programs, Sales & Use Taxes, 10th Floor, Strawberry Square, Harrisburg, PA 17128-1061.
6. The Secretary of the Commission serve a copy of this cancellation order on respondent's insurance carrier: Northern Insurance Company of New York, 425 North 21st Street, Camp Hill, PA 17011.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 98-947. Filed for public inspection June 12, 1998, 9:00 a.m.]
