[33 Pa.B. 244]
Public Meeting held
December 19, 2002
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Application of A+ Family Movers, Inc., a corporation of the Commonwealth of Pennsylvania, for the transfer of the household goods in use and property, excluding household goods in use, rights of Morroney Transportation Company, authorized under the certificate issued at A-00033323, F.2, subject to the same limitations and conditions; A-00119235
Erik B. Jensen for applicant
By the Commission:
This matter comes before the Commission on an application filed August 8, 2002. Public notice of the application was given in the Pennsylvania Bulletin of September 21, 2002. No protests were filed. The unopposed application is certified to the Commission for its decision without oral hearing.
Discussion and Findings:
The applicant is seeking an initial grant of authority to transport household goods in use and property, excluding household goods in use, through a transfer of that authority from Morroney Transportation Company, which is currently certificated to provide that service.
James D. Locke, Jr., president and sole shareholder of A+ Family Movers, Inc. (A+ or applicant) has over 12 years experience in the household goods in use moving industry. A+ has two straight trucks and one pack van for use in the proposed service.
The purchase price for the intrastate operating authority is $25,000.00. The reason for the transfer is that Nicholas Morroney, president of the transferor, is in poor health and unable to continue to provide service to the public.
A+ has submitted a financial statement dated July 1, 2002. That statement shows current assets of $100,000.00, tangible assets of $45,000.00, current liabilities of $20,000.00, long-term liabilities of $0.00, leaving owner's equity of $125,000.00.
In reviewing the authority to be transferred, we find that there are a couple of restrictions that are no longer considered to be in the public interest. The transferor was granted authority in 1935, limited to the operation of six trucks, two tractors and two trailers, the total maximum gross weight of which, with loads, shall not exceed 78,000 pounds. It is our determination that the carrier should be permitted to meet the needs of shippers without a limitation imposed. Since the restriction is being removed by this order, we will issue our decision as a Tentative Order; with publication in the Pennsylvania Bulletin to provide a 20 day period during which exceptions may be filed by any interested party.
The authority to be transferred has been operated by the transferor; therefore, it is presumed that there is a continuing need, which may be overcome only by evidence to the contrary. In re: Byerly, 440 Pa. 521 (1970); Hostetter v. Pa. P.U.C., 160 Super. Ct. 94 (1947). Since the record is void of any such evidence, this presumption of continuing public need applies in this transfer proceeding.
After complete review of the record, we find:
1. The applicant has the experience, equipment and fitness to provide the proposed service.
2. Approval of the unopposed application for transfer is necessary for the continued accommodation and convenience of the public; Therefore,
It Is Ordered: That the application be and is hereby tentatively approved granting the following rights:
1. To transport as a common carrier, 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, and from points in said territory to other points in Pennsylvania and vice versa; and
2. To transport as a common carrier, property, excluding household goods in use, between points in Pennsylvania.
subject to the following general conditions:
1. That the authority granted herein to the extent that it duplicates authority now held or subsequently granted to the applicant shall not be construed as conferring more than one operating right.
2. That the approval hereby given is not to be understood as committing the Commission, in any proceeding that may be brought before it for any purpose to fix a valuation on the property and/or rights to be acquired by applicant from the present certificate holder equal to the consideration to be paid therefor, or equal to any value that may be placed thereon by the applicant, or to approve or prescribe rates sufficient to yield a return thereon.
3. That the certificate holder shall not transfer, sell or in any way convey any of its outstanding capital stock to any individual, partnership, corporation or any other entity, without the prior filing of an application and approval thereof by the Commission under Section 1103(a)(3) of Title 66 Pa.C.S.
It Is Further Ordered: That the applicant shall not provide any service granted in this order until the following is submitted to the Commission:
1. Form E evidence of Bodily Injury and Property Damage Liability Insurance.
2. Form H evidence of Cargo Insurance.
3. A tariff establishing just and reasonable rates.
It Is Further Ordered: That a copy of this tentative order be published in the Pennsylvania Bulletin giving the public 20 days from the date of publication to file exceptions.
It Is Further Ordered: That absent the filing of exceptions within 20 days from the date of publication, the tentative order shall become final without further Commission action.
It Is Further Ordered: That upon the tentative order becoming final and upon compliance with the requirements herein before set forth, a certificate shall issue evidencing the Commission's approval of the right to operate as above determined.
It Is Further Ordered: That upon compliance with the requirements of this tentative order, the authority granted to Morroney Transportation Company, under the certificate issued at A-00033323, F.2, shall be canceled and the record be marked closed.
It Is Further Ordered: That in the event said applicant has not, on or before 60 days from the date the tentative order becomes final, complied with the requirements hereinbefore set forth, the application shall be dismissed without further proceedings.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 03-75. Filed for public inspection January 10, 2003, 9:00 a.m.]
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