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Home My WebLink About01-04700 HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff vs. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ ~ - OCR EQ 2001 CIVIL ACTION -- EQUITY ORDER AND NOW, TO WIT, this day of 2001, upon consideration of the foregoing PETITION and after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1985 Freightliner brand truck-tractor, vehicle identification number (VIN) 1F'UPYDYB4H269299 to Plaintiff Henderson, Dean & Associates, Inc. and the right, title and interest of any other person is hereby extinguished. The Department of Transportation shall accept this ORDER as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees, and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: J. HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff vs. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant PARTIES TO THIS ACTION: 1. Henderson Dean & Associates P.O. Box 149 Hershey, Pennsylvania, 17033 2. Joseph Lee Lassiter d/b/a Bad Boy Trucking D-9 Manys Neck MHP Como, North Carolina, 27818. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~V---~ EQ 2001 CIVIL ACTION -- EQUITY HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff vs. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a~~ EQ 2001 CIVIL ACTION -- EQUITY PETITION TO AWARD OWNERSHIP AND NOW, comes Petitioner Henderson Dean & Associates, Incorporated, by Attorney J. Michael Sheldon, Esquire, and files this PETITION TO AWARD OWNERSHIP based upon the following: 1. Petitioner Henderson Dean & Associates is a recovery corporation organized under and recognized by Pennsylvania laws, with a mailing address of P.O. Box 149, Hershey, Pennsylvania, 17033. 2. Defendant Joseph Lee Lassiter is a private individual doing business as Bad Boy Trucking, with a mailing address of D-9 Manys Neck MHP, Como, North Carolina, 27818. 3. Defendant Joseph Lee Lassiter is the registered owner of a 1985 Freightliner brand truck-tractor, vehicle identification number (VIN) 1FUPYDY$4H269299, bearing North Carolina registration number LH7805. (attached Uniform Identification Cab Card Form D-1 as Exhibit "A"). 4. On August 04, 2000, the Freightliner truck-tractor was being operated in combination with a trailer upon the streets of Upper Allen Township, Cumberland county, Pennsylvania by Troy Williams Falkins, aVirginia-licensed commercial vehicle operator with a mailing address of 31306 Darden Street, Franklin, Virginia, 23857-4321. 5. The operator of the truck-tractor/trailer combination referenced in Paragraph 4 was cited on August 04, 2000 by the Upper Allen Township police for violation of the Pennsylvania vehicle code (attached citation number A5482673-0, Exhibit "B"). 6. Subsequent to the issuance of said citation, Plaintiff asserts the operator abandoned the truck-tractor/trailer combination in a ditch on Route 114 near Mechanicsburg, Cumberland County, Pennsylvania. 7. The abandonment referenced in Paragraph 6 occurred on August 04, 2000. 8. Plaintiff further asserts that he was contacted by the Pennsylvania State Police and directed by same to recover the abandoned vehicle combination and deliver the trailer load to the appropriate destination and take physical control of the truck-tractor. 9. Plaintiff recovered said property and, as directed, delivered the trailer and its enclosed load to Quaker Oats in Mechanicsburg, Pennsylvania, and stared the truck tractor-the subject of this Petition-at Interstate Towing & Recovery, Inc., P.O. Box 205, Camp Hill, Pennsylvania, 17001, where said truck-tractor remains to this date. 10. Plaintiff effected towing, repairs and storage of said truck tractor and has incurred $5,286.00 in expenses to date. (attached letter marked Exhibit "C"). 11. Plaintiff notified Defendant of location of property and costs incurred via U.S. Postal Service, certified mail number 7099 3220 0010 3577 7451. (attached envelope marked Exhibit "D" containing attached letter marked Exhibit "C") 12. At time of filing, Defendant owes Plaintiff $5,286.00 for repairs and storage, plus costs. 10. Defendant has refused to claim first-class, U.S. Postage certified mail number 7099 3220 0010 3577 7451 from Henderson, Dean & Associates, Inc., notifying him of intention to retain, related storage costa and procedures to reclaim physical possession of the vehicle. (attached as Exhibit "D"). 11. As of date of this Petition, Defendant has not responded in any manner to communication by Henderson, Dean and Associates, Inc. WHEREFORE, Petitioner prays this Honorable Court to award ownership of one 1985 Freightliner brand truck-tractor, VIN # 1FUPYDYB4H269299 to Plaintiff Henderson, Dean & Associates, Inc. and thereby extinguish the right, title and interest of any other person or entity. Date: August O1, 2001 Respectfully submitted, 11~i J. ichael Sheldon, Esquire Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff I FORM D-1 ~~--' 2 5113 7 ~ UNIFORM IDE TIFICATION CAB CARD FOR VEHICLE -" OR DRIVEAWAY OP RATION EXEMPT FROM ICC REGULATION ~~ 1 3 1 i a 1 Operating Motor Carrier Name of Carrier ~r.s~, ~ 1, ~ ` L~,s s' -~ eir f.~J3 l~ ~ G ~ ~/ ~Y~i~cl<:»y Street ~~ ~_~~ S ri/ec- K ~l/1 ~-4 r? City~-'~^~.~~/cc_j~. C'.Ow~ /7 State ///-~. - Type_ Year ** State of Vehicle. * Name of Ownei, The operation scribed above, is e: mission under the authority cheeked :;F ^ Set. 10523 (a) F ' :';', ^ Sec. 10523 (b) ^ Sec. 10521 (a) (I) (C ^ Sec. 10526 ^ Sec. 10526 ^ Sec. 10526 ^ Sec. 10526 ^ Sec. 10526 Vehicle Z<iY r;..,~, „~>. ,.> tie; ve`i~le or conduct of 'the,., driyeaway operation, de- pt ,from regulation by the Interstate Commerce Com- erstate Commerce'.. '< Act, as amended; "pursuant to the Sy ~/ ry, y.;. ... .t 4 . ~ ,.; ~ ~minal Area Exemption ^ Sec. 10526 (a) (5) Farrm" Cooperative Exemp- rminal Area Exettlption ++', - tj ttoq` .`. reign Commerce Exemp '- ^ Sec. 10526 (a) (G) Comitiodities Exemprion a , ~, ~. t ,^,,,Sec~~;10526 (a) (7) Newspaper Exemption cool Bus Exemprion ~_~, '^'Sec:10526 (a) (8) Air Transport Exemption Kicab Exemption ~_~Fla .^ Sec. 10526 (b) (1) Mgnippal Exemption rel Exempaot}'~ ,~ ,^:Sg~t0526 (b) (2) Qccasional Exemption ~ ;clonal Park 1;x~'einpuon ^ Sec. "10526 (b) (3) Emetgencg Tow Exemp- .~ ~, Such vehicle or ,~dri~ea with .the laws of each x~c~; is placed on the reverse`~~z., I, the undersigned, ''13.+~~c that the above information execute this document on t scribed by law.) ^ _ _ - ~;5'pecfy Ocher Exemprion has beer ,~reghsterecL'in accordance nt identification stamp or number 1 ~R~ S rtv..~ ~JY °~ ~ ,,~alse~= ~*a*emPnt, do hereby certify itrect~nd that I am authorized to love carrier. (State penalties as pre- Signature~~~rt, ~.. ~r~~.-~o.-- Title ~~,~~ Date xecuted a.-~- aoo~~ This card expires at 12:01 A.M., February 1, 20~I" or whichever is earlier. E~ * Not applicable ro driveaway operations. ~ ~ ** if the State of vehicle registraxion changes during the period this cab card is effecrive, the motor curler sh imme late y indicate the change above by mazking out the name of the State listed and inserting the name of the new State of vehicle registration in lieu thereof. This change shall be initialed by an official of the motor carrier. .,' •I' COMMONWEAIiTH OF PENNSYLVANIA NOTICE If you plead guilty or are found guilty, points may be assessed against your drivel's record. ' Accumulation of 11 or more points'will result in the suspension of your driving privilege. Also, your l ~`: drivipg privilege WILL BE SUSPENDED, if you plead guilty or are found guilty of certain offenses under i the Vehicle Code, including but not limited to driving while operating privilege is suspended or revoked, racing on highways, fleeing or.attempting to elude police, driving whhout lights to avoid identification or arrest, accidents involving damage to attended vehicles or property, failure to stop for school bus I ~, with flashing lights, or subsequent convictions related to drivers required to~ be licensed. AOPC 40695 (REV. 1/20001 DEFEN®ANT'S COPY ~ 4) ~. ,r ~ '~ >va __ i ATION NO A54~_p I^~i=~~°N° CITATION/SUMMONS 2'DocketNUmber 3.iP~re~~[d~~sl~kk3ittiaa~ork St,Mechaniceburg:PA 77455 766-4575 4. Driver Numberh~-}y~i/-7 3.GDj, !.J ' CdJ ] . D ^S PA~~ry ~.~_ ]+ 6 ~ 8' M ^f "] Y7 1 9 rt ~j ..~~j ) ':? , $ ~ Middld .ldN k~.t Detmy ~~ n /`Cfr~. <'~°' J G~-+-'~ M I~ }i~ ~'~' O.J]gj¢ Address (Saes[-Ciry-State-Lp Code) ~ !iC//iyt~/' ,~,/~LKlNS II}~Veth. peJ~ 12. Rey~/c 13. SnptE{dJ Iq. 13. ,T~L9~ i9. for ^' I8. 19. Sm 20. e ~ 31_.,Type 23. Col$r,, 33. O/wpe-r~l'L~es"'see or •..'~-y,^,'ama & A dress ~ f~ ^ Same az Defendairc ^ Noe Required t..,,,./~ /6{4!C'1(fhR:, Ls{~ti,i t.~ ~Jt 39. Charge ^ Maximum Speed Limier ^ Drivers Required w be Licensed ^ Careless Driving 36. STATUTE E` ~ ORDINANCE ^ Stop Signz & Yield Signs - ^pegistntinn & Certlflatian of Tide Required ^ Drrv{r,g Vehicle x Safe Speed ~CW, IJnYxatul Actwiries ^ TnHc-COmfd Signah eration of V hicle wi[hout O87cia1 Cercifcaee of Ins ection ^ O 3], SE ~~~ 8; U SE . 777~~~ p p e ^ Driving while Opendng Privilege is Suspended °r Revoked 19. FINE ` ^ ocher 30. E.M.S. ~~ '~ 3I. CAT 23. Nature of Offenze ^ 0.adar ^ Clocked ^ A.D.Y.. ^ Speeding-MPH Allowed-MPH ^ ESP ^ Vazcar ^ Other I2. COST$ -~-~' ^ Openced Vehicle with Eeplred Inspection ^ Openeed Vehicle withoue Valid License ^ Operated Yehick with SuspendedlRevoked License ^ Operated Umegirtered YeMc1e ll. ~.C.P' [ ~ .,SQ Violated 6] Pa. Cod'~ ~ ~ ReE 49 CFR Sq~ TDUE L Q ~P a + ~? p, iic„t U"~" Jr r~li /<:~Z ~~~ ~ - / - ~~ - ^ Oth e d ^ Filed an Info. Received "~ ., ~ ~ ~jF ~+ J ~g ~.< , ( ,yy v ^ ) q ~-A >~E..- - u~ ~R'GA' t/.r//2.1C,r.S7" .Cif--v?1 r 33. Locatiyr{J I~ 4' d ~"~: ~ .,~d7/L[. ~k ~ ~ 36. Zone // ] J _ 3]. Rau[e 38. Twp.-B°ro-Ciry - ~ 2 - ]9: 40 Dir. of Tavel r S E W 41. D to 4 b3 y. 44. County C.`I1@b@y-1$ptd 4~gade ~_~ ! /~ - 46. D egd -t's 5 gn wreV A kn wletlges Reca pt ofiCintion q]. Da g~. ' ~ 48. I-verify th c tli -fa' set f rth this citat n aFe cr 9'3nd orzea to the best of my knowledg ~, inf°mnul - enA4elief. Th s verifczdon is m de subtece /y`- penale= of S 4~f'tTK Cnmez, Cdde ({8 Pa. CSA. $ 4904) relanng to unswmn'fahdvatlon w authormez. FFICER' SIG ~ F - B 99.x. $~'~I~It~,er~.`L @ s P75C1'Id3?1C$?;3UX'g r FA. ~ 705. G -' O. ORI Number~5~021 7pidO 31. Speed Timing Device Operator - - _ 32. Miles Followed' 33. Miles Timed- 34. Sea. Timed 39. Speed Equip. Serial No. 36. Station Equip. Tested 5]. Date Equip. Tesed 38. Accident Reporc No. - +- 39. ]S Pa. CS.A. .ff 1543 Violation-uvenile Parentt Notified ^ YES ~ NO 60. Comm: Veh. 41. Herz Mat ^ YES ^ YES 63. Remarks/Subpoena List EXHIBIT -~ . I7&A xe~.stn n~an ~ .ass®o rn~. ~----- Fa Bar 149 /lwrky, PA 19094 bECEMBBIt S 2400 RE~ISTE1t1=D MALL "7 g9t3z2c~ooi:~~S777`~,S`~ Joseph 1 Lassiter Re: 1985 Freiightl~en Bad Bay Tsuckiog Vin # 1FUPYDYB4H2b9299 Marys Neck MFiP Como, NC 27818 flux office represents Matt FatTeU, avvrua of lrtterstate Tovrong and Recovery located at 1 S 20 ST Jobns Rd, Camp }sill, Pa 17011, hereinafter called Plaimiff. On 8!4144 Plaintiff rccovcred the vchioic in question duo to an accidcot on $14100 in Upper Allen Township. Proper notice has been given to you regarding rise Cowing, repairs and aceumtdated storage charges. To date these coats have sot been paid. Yf, within twenty days of receipt of this otter, these charges Nava not been paid, we will inuttedsately begin proper proceedings to collect this money up to and including taking possession of the vehic>s. See charges fol !m~• Our afiiec cannot find a iienhokler vrath the DMV for this vehicle. lf, in fact there is one, pleaso notify them 'im- mediatety notify our once. A stamped sel£wddressed envelope is enclosed Towing. aril Recovery fee $1,110, 40 Authorrucl repairs $9ti,00 Storage since 8/7140 3,S24,OD Totwl Due $5,886.04 wa of N®verabcr, 3 80000. Please keep in rlmhtd tbeae costs will ootrtinue to rise if not paid, and also wa w~11 bo adding collection fees phw any caste it takes to resolve this matter, JoYn. Ke V+' Fla; ?rP-S34-1149 EXHIBIT Plto~ra/{'olae Mcrl 719-520-2190 L 4~'d 6ViL 48S LSL Ntl3S N05'J3QN3H WH 90:01 E09Z-£+0-<idH v~:.______ r_ ' U.SPRP~STHGE H HERS EY,PR 17033 /l~~ ~ pN/iEO STdTES JHN 22, Oi RMOUNT ' I hO5idL56RVICF ~3 7q o000 2 o ; a a ~ ~~~ ~ W i ~ Wi~ZN ~Q ~` %~ ~~ ~~ ~~ a O ~ o ~~1U , h ~~~~ o . IL m 7 t.. Q~ V D ~1 ~ 9 0 ~!. _apt -.__ ~ J~ t ~* ,:~ ~ o v' C ' Z e, r~ c a Q S R O u u ~ ~ ~`'~ ;~~ ~ SR al' s~ ~~ L, ~ ~ (Q~ M ~ , M M e° ~ ~ ~ ~~~ W V ~ d ~ ijC" ~- c ~L 2~ N ~ ~Xr- ~ ~°cy Z m a {: {7 ~QZ ~ + Z y Q L 7 P ~l _ a ~ s \ ~ °~ -. 1 ~ ~ W Z, I;t, k? t:s ~[{ l7 io_ xa a W U EXHIBIT HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff vs. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant IN,THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. EQ 2001 CIVIL ACTION -- EQUITY ERIFICATION TATEMENT I verify that the statements made in the attached PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Goes. Stat. Ann. fj 4904, relating to unsworn falsification to authorities, Date: ' ~ _ , 2001 .lohl Hen~fson, Dean & Associates HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff vs. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. EQ 2001 CIVIL ACTION -- EQUITY CERTIFICATE OF SERVICE I, J. Michael Sheldon, Esquire, hereby certify that I served a true and correct copy of the foregoing "Petition to Award Ownership" via certified United States mail, #7000 0600 0028 3368 9400 to the following: Joseph L. Lassiter d/b/a Bad Boy Trucking D-9 Manys Neck MHP Como, North Carolina 27818. DATE: August 08, 2001 Respectfully submitted, J. Michael Sheldon, Esquire Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff c°> ~- c~ C - ~" -~ m--- ~ T - = r ~~- ~ i: u> > ,: ~n , t `; i ~~_ >i_; ~C? ~ -~~ri C .. } ~ _ ~.n ~~~ ~ o z~~~ 6~ HENDERSON DEAN & ASSOCIATES, IN THE COURT OF COMMON PLEAS INCORPORATED CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. U~' ZC1i~EQ 2001 JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant CIVIL ACTION -- EQUITY ORDER AND NOW, TO WIT, this day of 2001, upon consideration of the foregoing PETITION and after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1985 Freightliner brand truck-tractor, vehicle identification number (VIN) 1FUPYDYB4H269299 to Plaintiff Henderson, Dean & Associates, Inc, and the right, title and interest of any other person is hereby extinguished. The Department of Transportation shall accept this ORDER as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees, and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: J. n O ~ ~~ .,c' ~ c~ ~' ~ (~ b-- ~ ~, ~ ~ ~ ~ -J -• $' ~ ~~ ~a AUG 1 0 200t~ HENDERSON DEAN & ASSOCIATES, IN THE COURT OF COMMON PLEAS INCORPORATED CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. ~l - (~ EQ 2001 JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant CIVIL ACTION -- EQUITY ORDER AND NOW, TO WIT, this day of 2001, upon consideration of the foregoing PETITION and after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1985 Freightliner brand truck-tractor, vehicle identification number (VIN) 1FUPYDYB4H269299 to Plaintiff Henderson, Dean & Associates, Inc. and the right, title and interest of any other person is hereby extinguished. The Department of Transportation shall accept this ORDER as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees, and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: J. J. 6059 Allentown Boul d~ arrisburg. PA 17112 Telephone (71,71657-3464 Facsimile /71 ~1 671-1258 August 22, 2001 The Honorable Edgar B. Bayley, Jr. Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: HENDERSON, DEAN & ASSOCIATES, INC. v. LASSITER O1-4700 EQUITY Dear Judge Bayley: Thank you for your inquiry of August 17, 2001. Some time ago when I first got involved with this sort of'action, particularly by way of Henderson, Dean & Associate, Inc. (HDA), Pennsylvania Department of Transportation advised that a petition of this nature was the proper procedure for securing necessary judgment. Since my involvement with HDA, this is the process I have followed in Dauphin County where the petitions have been accepted and judgment relidered successfully several times since. In presenting the present petition in Cumberland County because of where the event took place, I was merely continuing to follow Penn Dot's advice and the precedent of Dauphin County. In this case in particular, we have attempted to notify the defendant several times in writing, both informally and formally. Each attempt has been refused or ignored. Except for a question of petition versus complaint, we have done all we can to allow the defendant to respond in any way. To this date, we have received nothing that would indicate any interest by the defendant yet my client continues to be responsible for the continued care and custody of the subject vehicle, and at his expense. I remain hopeful that this present matter can be settled soon so that my client can begin to recoup a portion of the thousands of dollars he is already owed. Please let me know of your thoughts and directions. Very truly your _~~~\~~ J. Michael Sheldon August 17, 2001 J. Michael Sheldon, Esquire 6059 Allentown Boulevard Harrisburg, PA 17112 RE: HENDERSON DEAN &ASSOCIATES, INC. V. LASSITER, 01-4700 EQUITY Dear Mr. Sheldon: What authority do you have for instituting an equity action by a petition rather than a complaint? It seems to me that you have to file a complaint in equity and obtain service. Then, if there is no response you can take a default judgment. Please advise. Very truly yours, Edgar B. Bayley, J. EBB:saa ~~ .~~, ~:~ ~,~~~ ~- COMMONWEALTH OF PENNSYLVANIA COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE. PA. 17013-3387 EDGAR B. BAYLEY JUDGE August 24, 2001 J. Michael Sheldon, Esquire 6059 Allentown Boulevard Harrisburg, PA 17112 L 017) 240.6294 RE: HENDERSON DEAN & ASSOCIATES, INC. V. IASSITER, 01-4700 EQUITY Dear Mr. Sheldon: In response to your letter of August 22, 2001, I have no problem with the relief sought. However, the procedure of filing a petition in equity, without a complaint, and seeking to secure an order of relief without any form of service on the defendant, is not authorized by law notwithstanding what they may do in Dauphin County or what the position is of the Department of Transportation. I suggest you file a complaint in equity and obtain service by one means or the other. If there is no response you can take a default judgment. If there is a response you can go from there. J, EBB:saa