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1 Form No. 1 COMPLAINT State of West Virginia Public Service Commission Charleston TYPE ORPRINT CLEARLY USING BLACK INK CASE NO. ov $1 a3 F~ (leave blank), Complainant J. Please provide address so that we may keep you informed electronically of filings in your vs. The petition of the above-named complainant, respectfully shows: 1. That the above-named RA hk&r Smi rn xc3 -igs -32 u rrl 0 x 7 h> E-! >e -'e e") Defen9E a 0 : ci7 c-, cr, 3 - rn = < 0 0 f--1 rq -7.j 2 -'7 W 7 :; cr2 h@x of defendan$ is a f iblim engaged in the business of lu h x t a (state the public bush& of the defendant, i.e. gas, electric telephone, etc.] at 'RR \ 2c( l J I \ l ;CjvlC'jOn(their -0Ic asa. address), in the State of West Virginia, and as such is subject to the provisions of Chapter 24 (or 24A) of the Code of West Virginia, 1931, as amended, and the provisions thereof applicable to said class of public utilities. TI1 2. That the said defendant has violated the laws of the State of West Virginia, governing said public &i&y business, in the following particulars, to-wit: (a) [Here state concisely the matters complained o Cpwa~ ] &Id on I \!IB and ~(/FI - * VdGck ~xaald a r r i\l e \*\A \hc. anaj-\(~ A&Ud Irt on lmemm n & \ \/,- r$ci 337 -bu We-chcLU-~ %on Y fiiri-:i&rrcl c3c 'i! - he Iper rik & \30 r? ex kl45 -ad ci 2.9 &g.kc;d & &\\dc&kcr(; *s3 \o j \ce & W~%O NOT WRITE ON BACK OF PAGES - attach a &<L&CI I \la.cani

2 (b) Here state the remedy you seek chej Wherefore, the complainant prays that the said defendant A R I\wah\e rak..,*via ur&k (defendant s name) be required to answer the charges herein above set out, and that, afier due investigation, an order may be made commanding the said defendant to cease and desist from the wrongful conduct aforesaid, and for such other and hrther order as the Public Service Commission of West Virginia may deem necessary, reasonable and just in the premises. [Prayer may ask for the ascertainment of iawful rates of practices, and an order requiring the defendant to conform thereto.] Datedthis p dayof lmu,200b. (Signed),Signature of Complainant 4 (Your Full Address) I J B c 5 (Phone) mmm A \fa pax) ho-kmll 1 I,. &A. BOK151 hh 4 h k (If you have an attorney, hisher name) Attorney s Address: Attorney, if applicable. Subscribed and sworn before me this THIS FORM MUST BE NOTARIZED [If Complainant is signing out-of-state, please use verification Form No. 121 PLEASE NOTE: It is extremely important to notifjl the PSC of any changes to your contact hiforrn&og e er, and to promptly retrieve Certified Mail upon notification of such.

3 DUBA WRECKER & SERVICE CENTER RR1 50x2058 WILLIAMSON, WEST VIRGINIA The rates and charges for wrecker service are regufated by the Public Eiervict (304) F~~ (304) Commissions of West Virginia. If you feel yo1 are unfairly charged, you may appeal to ths Motor Carrier Division of that agency. STORAGE UTES $15.00 PER DAY X Customer Signature When requesting Specialized Service INSIDE STORAGE RATES Autninobiles (Passenger Cars) and TIUC~S one ton or less..._._.,.$45.00 Trucks one and one half to three roils Trucks and Buses (over three toiis)... Roll Back and Wheel Lift... Tractor and Rwler cotribinati (Requiring heavy duty wrecker)......,..._... $50.00 Helper Labor $25.00 per hour _- NOT ESPONSIBLE FOR DAMAGE TO UNDERSTRUCTURE, ~ U ~ ~ E ~ S. ro co w

4 NOTE: The wrecker rates shown in the following table apply onty to "third party tows" by those wrecker operators who have not requested and received a Commission approved tariff. This Commission approved tariff appties only to "thirdparty tow." "Third-party tow means the tow of a motor vehicle by a wrecker vehicle if that tow is performed without the prior consent or prior authorization of the owner or operator of the towed motor vehicle. The rates for "ttrird-party tow" that have been approved by this Commission may be shined by caiiing, toil free, , extension 425. CQ APP TAT 1. Hourly Rates Ra&-.per Hour Minimum Automobiles (Passenger Cars) and Trucks one ton or less $25.00 $25.00 Trucks one and one-half to three tons $40.00 $40.00 Trucks and buses (over three tons) $53.00! Tractor and trailer combinations (Requiring heavy duty wrecker) $60.00 $ Trucks (Grossing 35,000 Ibs.) $53.00 $53.00 Trucks (Grossing 35, ,000 lbs.) $73.00 $73.00 Trucks (Grossing 50,000-60,000 Ibs.) $86.00 $86.00 Trucks (Grossing 60,000-75,000 Ibs.) $ $ Trucks (Grossing over 75,000 Ibs.) $ $ Mileage Rules Instead of the hourly rates shown above, the carrier may charge a mileage rate of $1.70 per mile, calculated from the camer's base of operation to the final towing destination. In no case shall both an hourly charge and a mileage charge be applied. 3. Additional Labor http ://w.psc. state. wv.uslinformation/max Wreckerhtes. htm 12/2/2008

5 The rates shown herein indude the services of one man (the driver). if additional labor is required, such additional labor shall be provided by the carrier at the rate of $10.50 per hour per helper. The minimum charge for such labor shatt be $10.50 per helper. 4. Additional Charae for Sundays, Evenings and Hotidavs Due to overtime wages paid on Sundays, Evenings (6:OO p.m. to 6:OO am.) and Holidays (New Years Day, Memorial Day, Independence Day, Thanksgiving Day and Christmas Day), an additional charge of $5.25 per hour shall be added to all charges provided in paragraphs (1) and (3) above. When said sewices are performed on Sundays, Evenings and Holidays. 5. Storage Whenever vehicles are towed by a carrier to the carrier's place of business, storage shall be provided as follows. Automobiles (Passenger Cars) and trucks one ton or less Outside Storage $3.50 Inside Storage $5.00 Trucks one and one-hatf to three tons $4.50 Trucks over three tons $6.00 Semi-trailers and buses $8.00 COMMISSION APPROVED ~ A X STATEWIDE ~ ~ U WRECKER ~ RATES M.C. CASE P RULES AND REGULATIONS (1) The rates provided herein shall apply to the transportation by wrecker (tow) truck of wrecked and/or disabled motor vehicles over the public highways. (2) All hourly rates provided herein shall be calculated from the time the carrier leaves his base of operation to the final towing destination and return, and, except as otherwise provided, shall be rounded to the nearest quarter hour. (3) Except as otherwise provided herein, all mileage rates shalt be the highway miles, according to the official State Highway Map issued by the West Virginia Department of Highways, via the shortest regufarly-traveled available highway routes, unless a longer route is specifically requested by the customer. (4) No charge shall be made, either by hour or by mileage, for any delays attributable to the carrier. (5) In calculating the daily storage charge provided herein, a day shall be each 24 http :// state.w.usiir omtion/max Wreckerbtes. htm 12/2/2008

6 Maximum Statewiae Wrecker Kates - Yublic Service COmfIllSSlOn or West Vlrgma rage 3 or 3 hour period commencing at the time the vehicle is received at carrier's place of business. A full day's charge shall accrue at the beginning of each such period, except as otherwise provided herein. (6) Carriers shall maintain adequate records to altow expeditious periodic review of their compliance with this tariff. Such records must include, but are not limited to, sequentially numbered invoices, a copy of which must be provided each customer and a copy of which must be retained for a period of at least two (2) years by the carrier. http :// state.wv. usfinforrnatiodmax WreckerRates. htm 12/2/2OO8

7 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON sec wpd Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in the City of Charleston on the 2 9~ day of December CASE NO MC-FC TUG VALLEY SUPPLY Naugatuck, Mingo County, V. DUBA ENTERPRISES, INC., DBA DUBA WRECKER AND SERVICE CENTER a corporation, Complainant, Defendant. COMMISSION ORDER On December 29,2008, Tug Valley Supply filed a formal complaint, duly verified, against Duba Enterprises, Inc., dba Duba Wrecker and Service Center. IT IS THEREFORE ORDERED that the Defendant be, and hereby is, required to satisfy the formal complaint or make answer thereto, in writing, within ten days of the service upon them by certified mail of a copy of the formal complaint and a copy of this order in accordance with the provisions of Rule 7 of the Rules of Practice and Procedure before this Commission, and after receipt thereof or default therein, the Commission will proceed to investigate the matters set forth in the formal complaint in such manner and by such means as may be deemed proper. A mediation request by the Defendant will not be considered if an answer has not been filed. IT IS FURTHER ORDERED that the Executive Secretary of the Commission, be, and hereby is, directed to serve a copy of the formal complaint upon the defendant, by delivering to them a copy of the formal complaint and a copy of this order by United States Certified Mail, return receipt requested. FOR THE COMMISSION: SSijan s.wpd Public Service Commission of West Virginia Charleston