PULLIN, FOWLER FLANAGAN, BROWN&POE PLLC

Transcription

1 EE PULLIN, FOWLER FLANAGAN, BROWN&POE PLLC JAMESMARKBUILDING 600NEVILLE STREET CRANBERRY PLAZA 261 AlKENS CENTER 901 QUARRIER STREET SUITEZO~ 2414 CRANBERRY SQUARE SUITE301 CHARLESTON, WV BECKLEY, WV MORGANTOW, WV26508 MARTINSBURG, WV PHONE: (304) PHONE: (304) PHONE: (304) PHONE: (304) FAX: (304) FAX: (304) FAX (304) FAX: (304) REPLY TO: Beckley SENDERS July 29,2014 Attention: Executive Secretary Public Service Commission 201 Brooks Street Charleston, West Virginia RE: Classic Limousine Service, Znc. Case No: MC-TC Application for transfer of assignment of P.S.C. M.C. Certificate No To Whom It May Concern: Please find enclosed a Petition to Reopen Case for the above referenced application for transfer of assignment of P.S.C. M.C. Certificate No from Sandra C. Lilly & Grant S. Lilly to Classic Limousine Service, Inc. Please do not hesitate to contact me for any additional questions or requirements regarding this matter. Thank you in advance for your assistance in this matter. Sincerely, CE WID JBIvc Enclosure(s) cc: Brian & Donna Williams

2 Case No MC-TC SANDRA C. LILLY & GRANT S. LILLY doing business as CLASSIC LIMOUSINE SERVICE Application for transfer and assignment of P.S.C. M.C. Certificate No unto Classic Limousine Service, Inc. PETITION TO REOPEN CASE COMES NOW, the Transferee, Classic Limousine Service, Inc., by and through its owners, Brian and Donna Williams, and hereby formally request that the West Virginia Public Service Commission reopen Case No MC-TC and allow the transfer 0fP.S.C. M.C. CertificateNo from that Transferor, Sandra C. Lilly and Grant S. Lilly d/b/a Classic Limousine Service. In support of this request, the Transferee states and avers and follows: 1. On September 30,201 1, Sandra C. Lilly, on behalf of Sandra C. Lilly and Grant S. Lilly d/b/a Classic Limousine Service, filed an application of transfer P.S.C. M.C. Certificate No. 7508, to Classic Limousine Service, Inc., which is owned and operated by Brian and Donna Williams. 2. Following the initial application, the Staff of the West Virginia Public Service Commission recommended that, after proper publication for the application for the transfer was made and no protests lodged, that the transfer be approved. This initial recommendation included a provision that instructed Classic Limousine Service, Inc. to record the $16,945, which was the initial purchase price less book value, as an acquisition adjustment in its books and records. The Staff further stated that the acquisition adjustment was to be considered goodwill and may not be recovered through rates. 3. By Order dated December 16,201 1, the Transferor was required to give notice of the filing of the application by publishing a notice of filing one time each in qualified newspapers,

3 published and of general circulation in Boone, Fayette, McDowell, Monroe, Nicholas, Raleigh, Summers and Wyoming Counties in West Virginia. 4. In a letter dated January 6,2012, Grant S. Lilly filed an objection to the transfer of P.S.C. M.C. Certificate No. 7508, stating that the same was involved in a divorce proceeding currently pending in the Family Court of Raleigh County. He further stated that he did not agree or otherwise approve of the sale at that time. 5. In a letter dated March 29,2012, counsel for Grant S. Lilly notified that applicants and proposed Transferees that that he and Sandra C. Lilly were parties to a divorce proceeding pending in the Family Court of Raleigh County. 6. In a letter dated March 29,2012, Sandra Lilly advised that the divorce proceeding was scheduled for a decision to be rendered on or before April 27,2012, and requested that any decision regarding the transfer be delayed until the resolution of the divorce. Specifically, Sandra Lilly requested that the Administrative Law Judge delay any ruling on the transfer until the Family Court Judge entered her final order concerning Classic Limousine. 7. By Order dated April 16,2012, the Administrative Law Judge decision due date was extended until July 26, By Order dated June 6, 2012, Sandra C. Lilly and Grant S. Lilly were ordered to advice the Administrative Law Judge of the current status of the case on or before July 2, They were advised that failure to do so, including the Family Court Order, by July 2,2012, would result in a dismissal of the application in question. 9. On July 16,2012, the Public Service Commission entered a Recommended Decision regarding the subject transfer application. In that Decision, the Administrative Law Judge concluded 2

4 that no action could be taken until the Commission received a copy of the Family Court Order providing for the transfer of the authority as part of the divorce settlement. The Judge further determined that, since the partied have failed to provide a copy of the subject Family Court Order, the application was to be dismissed, without prejudice, and removed from the Commission s docket. Furthermore, this decision indicated that, absent written objection, the same would become the Order of the Commission after fifteen (15) days. 10. On or about July 25, 2012, Classic Limousine Service, Inc., by and through its owners, Brian and Donna Williams filed a Civil Complaint in the Circuit Court of Raleigh County, West Virginia against Sandra C. Lilly, Grant S. Lilly, and Classic Limousine Service. The Civil Complaint sought damages that stemmed from the actions of Sandra C. Lilly, Grant S. Lilly, and Classic Limousine Service surrounding the sale of Classic Limousine Service and the transfer of P.S.C. M.C. Certificate No See Complaint, attached hereto as Exhibit A. 11. On November 19, 2012, a Supplemental Bifurcated Final Order of Divorce was entered by the Honorable H. Suzanne McGraw, Family Court Judge, in the Family Court of Raleigh County, West Virginia. In relevant parts, the Family Court ruled that the parties, Sandra C. Lilly and Grant S. Lilly, were to retain fifty percent (50%) interest in the ownership of Classic Limousine Service and that a lawsuit is currently pending on the Circuit Court of Raleigh County. The Court stated that that matter will stand as resolved in the Circuit Court. See Exhibit B. 12. As the Family Court has deferred to the Circuit Court for the resolution ofthe matter at issue, we now inform the Public Service Commission that the ownership of the subject business and the subject license is no longer in dispute between the parties at issue here. 13. On or about July 1, 2014, the parties to the matter pending in the Circuit Court of 3

5 Raleigh County, West Virginia, agreed to a settlement of all claims and matters in dispute. See Dismissal Order, Exhibit C. As part of the settlement, Grant S. Lilly has agreed to withdraw any previous objection to the transfer of P.S.C. M.C. CertificateNo. 7508, to Classic Limousine Service, Inc. See Settlement Agreement, Exhibit D. 14. As such, the Transferees, Classic Limousine Service, Inc., by and through its owners, Brian and Donna Williams, request that Case No MC-TC, which was closed without prejudice, be reopened and allow for an Administrative Law Judge to render a ruling on the subject transfer. WHEREFORE, the Transferees, Classic Limousine Service, Inc., by and through its owners, Brian and Donna Williams, request that the West Virginia Public Service Commission grant the relief requests herein without delay. PULLIN, FOWLER, FUNAGAN, BROWN& POE, PLLC 600 Neville Street, Suite 201 Beckley, WV Telephone: (304) Facsimile: (304) CLASSIC LIMOUSINE SERVICE, INC. dibla CLASSIC LIMOUSINE SERVICE, a West Virginia Corporation, DONNA WILLIAMS, and BRIAN WILLIAMS q/$//x By Counsel, f l. Chio E. Williams. WV ate Bar No Dkiel J. Burns, WV State Bar No