PILLAR AND MULROY, P.C. ATTORNEYS-AT-LAW SUITE 700 312 BOULEVARD OF THE ALLIES PITTSBURGH, PA 15222 TELEPHONE (412) 471-3300 FAX: (412) 471-6068 JOHN A. PILLAR THOMAS M. MULROY December 6, IS'^O " ANTHONY A. SEETHALER, JR. Re: Transamerican Trucking Service, Inc.—Purchase (Portion)— 'Off. Nicklaus Freight Lines, Inc. File No. 1342 RECEIVED Hon. Jerry Rich, Secretary Pennsylvania Public Utility Commission DEC 81990 P. O. Box 3265 SECRETARY'S Gr-HuE Harrisburg, PA 1712 0 Public UtiJity Commission Dear Mr. Rich: We enclose herewith for filing the original and two copies of the application of Transamerican Trucking Service/ Inc. to purchase a portion of the operating rights of Nicklaus Freight Lines, Inc. The filing fee of $350.00 is also enclosed. Please acknowledge receipt on the duplicate copy of this letter of transmittal and return it to the undersigned. If any further information is required, please advise. Very, truly yours JOHN A. PILLAR sw Enclosures cc: Transamerican Trucking Service, Inc William J. Lavelle, Esq. F mm^S5 UP.-190 : Transfer ^Rev 8/88) APPLICATION FOR APPROVAL OF TRANSFER^ / ' ^ 9c AND EXERCISE OF COMMON OR CONTRACT CARRIER-RIGHTS BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSIQNr*-^^-*^ Application of TRANS AMERICAN TRUCKING SERVICE, INC. (Appl icant/Transferee-Buyer) for approval of the transfer and to exercise the right PUC USE ONLY as a common carrier, described at Docket Docket No. /D 1 7 1 3 (common-contract) Folder No. No. A -iO{flOl Folder No. , issued to NICKLAUS FREIGHT LINES, INC (Transferor-Seller) for transportation of property (persons-property) DEC 81990 iSECRETARY'S'OFBIGE Public utility Commission SEE INSTRUCTIONS BEFORE COMPLETING^APPLICATION ym TRANS AMERICAN TRUCKING SERVICE, INC. (Full and correct name of applicant/transferee) 2. N/A (Trade name, if any)> The trade name / been registered with the Secretary of the (has or has not) Commonwealth on (attach copy of stamped registration form.) (date) 3. 115 St. Nicholas Avenue (Business Street Address) ' (P.O. Box, if any) South Plainfield, NJ 07080 201/755-9000 (City) (County) (State) (Zip) (Telephone) DOCKETED APPUMTIOH DOCKET JAN 0 7 7/ ENTRY No. - 1 - • 9 • H. Applicant's attorney (for this application) is: JOHN A. PILLAR, ESQ. , Pillar and Mulroy, P.C, Suite 700, 312 Boulevard of the Allies, Pgh., PA 15222 (Name) (Address) (Telephone) 412/471-3300 5. Any documents should be mailed to: . JOHN A. PILLAR, ESQ. , Suite 700, 312 Boulevard of the Allies., Transferee: Pittsburgh, PA 15222 (Name) (Address) Transferor: (Name) (Address) 6. Applicant does hold Pa. PUC authority under Docket Number (does or does not) A- 107793 and operates as a contract carrier. (common or contract) 7. Applicant does . hold Interstate Commerce Commission authority (does or does not) at Docket No. MC-149576 8. Applicant is (check one): Individual. Partnership. Must attach a copy of the partnership agreement (unless a copy is presently on file with PUC), and list names and addresses of partners below (use additional sheet if necessary). ..(Name). (Address) X| Corporation. Organized under the laws of the State of New .Tersey and qualified to do business in Pennsylvania by registering with the Secretary of the Commonwealth on Oct. 9, 1987 (Attach copy of Certificate of Incorporation or Authority and statement of charter purpose). Include as an attachment a list of corporate officers and their titles and the names, addresses and number of shares held by each stockholder. - 2 - v 9. applicant, its stockholders or partnership members are in control of or affiliated with any other carrier, state name of carrier(s), Docket Number(s) and nature of control or affiliation. 10. Applicant proposes to acquire part of the operating rights now held (all or part) by transferor. Attach sheet describing rights to be transferred to applicant and rights to be retained by transferor, if any. If any rights are to be omitted, give reasons. 11. The reason for the transfer is Transferor is selling a part of its PUC rights to transferee and intends to sell the balance of its rights in order to • terminate its operations. 12a. The following .must be attached: X} Sales Agreement. Xj List of equipment to be used to render service, (summarize by type) Xj Operating authority to be transferred/retained. See Appendices to Agreement X Statement of Financial Condition. ] Statement of unpaid business debts of transferor and how they will be satisfied. NONE 3 Statement of safety program. [X] Statement of transferee's experience, b. Attach the following, as appropriate (check those attached): Partnership Agreement. Trade Name registration certificate. Certificate of Incorporation. (Pa. Corporation only) 3 Certificate of Authority. (Foreign ((out-of-state)) Corporation only) XJ Statement of corporate charter purpose, (corporations only) SEE BELOW ">} List of corporate officers and stockholders, (corporations only) Copy of short form certificate showing date of death of transferor and name of executor or administrator/administratrix. CHARTER PURPOSE: To engage in any activity within the purposes for which corporation may be organized under the New Jersey Business Corporation Act. - 3*- 13. Transferor attests that all general assessments and fines are paid, that no annual reports are due and agrees to continue to render the serviqe which is to be transferred until this application is approved, whereupon transferor will surrender said certificate or permit for cancellation. 14. Transferee agrees to assume and pay any General Assessments that may be made against transferor as a common carrier for any and all operating periods up to the actual date of the transfer. WHEREFORE, Transferee and Transferor request that the Commission grant the Transfer. TRANS AMERICAN TRUCKING^SERVfCTr-fW Transferee sign here: ^1 ch partner must sign) (Corporate Seal) Transferor sign here: NICKLAUa'FREIGHT LINES, INC. (Corporate Seal) - 4 THIS MUST BE COMPLETED BY NOTARY PUBLIC AFFIDAVIT OF TRANSFEREE/APPLICANT (Natural Person) COMMONWEALTH OF PENNSYLVANIA ss: County , being duly sworn (affirmed) according to law, deposes and says that the facts above set forth are true and correct; or are true and correct to the best of his knowledge, information and belief and he expects to be able to prove the same at the hearing hereof. Signature of Affiant Sworn and subscribed before me this day of --• 19 My Commission Expires Signature of Official Administering Oath AFFIDAVIT OF TRANSFEREE/APPLICANT (Corporation) COMMONWEALTH OF PENNSYLVANIA ss: County Ron McGraw , being duly sworn (affirmed) according to law, desposes and says that he is President of TRANS AMERICAN TRUCKING SERVICE, IMC. (Office of Affiant). (Name of Corporation) that he is authorized to and does make this affidavit for it; and that the facts above set forth are true and correct; or are true and correct to the best of his'knowledge, information and belief , , . i , TRANS AMERICAN TRUCKING '• t and that he expects the said s£F.VI£E, IMC . e a" prove the same (Name of "Corporat ion) ^— the same at the hearing hereof. Signature of Affiant • Ron McGraw Sworn and subscribed before me this I day of KWclnaUig 90 My-Commissjon Expires PfiTfiBW. DECKER Signature of Official Administering Oath mm PUBIS OF NEW JERSEY i tfy- Cwwission Esgtirss Dec. 21, t?^2 THIS'WJST.BE.COMPLETED BY NOTAR Y PUBLIC AFFIDAVIT OF TRANSFEROR/SELLER (Natural Person; COMMONWEALTH'OF PENNSYLVANIA ss: County , being duly sworn (affirmed) according to law. deposes^ and says that: the- facts above set forth are true and correct; or are true and correct to. the.-bestr.ofhi's-knowledge, information and belief and he expects to be able to prove the same at the-hearihg hereof. Signature of Affiant Sworn and-subscribed before me this- day of 19 My Commission Expires Signature of Official Administering Oath AFFIDAVIT OF:TRANSFEROR/SELLER (Corporation) COMMONWEALTH. OF PENNSYLVANIA ss: County - MMMH AJ ^XCXLA^ ,.being.duly sworn (affirmed) according to law, deposes and.'says; that, he \s~ffef_£Tl>£ fJ T~ of-NICKLAUS FREIGHT LINES, INC. ; (Office.of Affiant)' (Name:of Corporation) thatheUsrauthorized to andfdoes:make this afficiay.tt .for it;:and that: the.facts above set forth are.,tr:ue^and:eorrect!;;or are.trae and1 correct, to the":best.of his knowledge,. information and belief and that.he;expects:-the;said, NICKLAUS FREIGHT LINES, INC. to be able to prove the ~* (Name of Corporation) same at the hearing-hereof. gnatfire of Affiant Sworn-and.subscribed before me this rfi day of NO\f 19 90 My Commission expires liOTAEilAL iEAL R03ERT E TAYLOR, NOTARY PUBUC Signature of Offlicial Administering Oath' rrrrcBURGH, ALieGHEfiy COUNTY MY COMMiSSiON EXPIRES JUNE 25,1B91 MambWj P&f:n3v!vs.ni3 Assscistlon of Kotortes of Pwn^/ 87621977 ^Bepartmmi of ^iate CERTIFICATE OF AUTHORITY ^ i/rtrfer rAf provisions of the Corporation Law, a Foreign Corporation is required to obtain a "Certificate of Authority" before it may do business in the Commonwealth and TRANS AhERICAN TRUCKING SERVICE, INC. has presented to the Department of State an Application for the same, and in accordance with the requirements of the law, has designated as its registered office in this Commonwealth CT CORPORATION SYSTEM 123 SOUTH BROAD STREET PHILADELPHIA, PA 191G1 ^tTtioxt, Jbtofa Hje, ^ Jo ^tzt ^t^mt^issueuntosuch corporation, this Certificate of Authority to transact in the Commonwealth of Pennsylvania the business of OPERATE MOTOR CARRIER EQUIPMENT FOR HIRE under my Hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this 9th day of October in the year of our Lord one thousand nine hundred and e i gh t y-seven and of the Commonwealth the two hundred twe L f th 1 00285: GROVE JASKIEWICZ GILLIAM AND COBERT ATTN: E KILEY 1730 M STREET, NORTHWEST SUITE 501 WASHINGTON, DC 20036 TRANS AMERICAN TRUCKING SERVICE INC BALANCE SHEET - UNAUDITED AS OF JUNE 30, 1990 ASSETS CURRENT ASSETS Cash and cash equivalents $462,178 Accounts receivable net of allowance 1,200,194 Loans receivable - employees 21,B6^ Due from affi1iated company 6,491 Prepaid expenses 25,990 Total current assets 1,716,717 FIXED ASSETS at cost 2,562,064.