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HomeMy WebLinkAbout07-2013 MICHAEL J. JANESKO, Petitioner IN RE: OWNERSHIP OF VEHICLE VIN 1B7HC16Y4RS735904 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW PETITION TO OBTAIN OWNERSI~P OF VEHICLE AND NOW, this ~ day of April, 2007 comes the Petitioner, Michael J. Janesko, (hereinafter "Petitioner") by and through his attorney, John J. Mangan, Esq., and files the following Petition to Obtain Ownership of Vehicle, and in support thereof, avers as follows: 1. Petitioner currently resides at 3966 Enola Road, Newville, PA 17241. 2. In 1994, Petitioner purchased a new Dodge truck, bearing vehicle identification number 1B7HC16Y4RS735904. 3. The title for said vehicle was issued in Petitioner's name on 11/02/94. 4. Petitioner suffered a heart attack and several strokes; as a result, power of attorney was issued to Ellen J. Janesko, Petitioner's wife. 5. For unknown reasons, Ellen J. Janesko transferred the aforesaid title into her name on 10/18/04. 6. In May 2005, Ellen J. Janesko filed for divorce, which is currently pending. 7. In or about July 2005, Petitioner, Ellen J. Janesko and their respective counsel convened and. Ellen J. Janesko verbally offered to transfer the title back into Petitioner's name. 8. Upon information and belief, Ellen J. Janesko gave possession of said title to her attorney, but did not sign the title over to Petitioner. 9. A hearing was held on March 23, 2006 regarding Petitioner's Motion for Enforcement of Order of Court dated December 8, 2005 and following the hearing, this Honorable Court directed Plaintiff to return certain items to Defendant within 21 days of the hearing. During said hearing, Ellen J. Janesko again offered in open Court to transfer the title back into Petitioner's name. 10. Ellen J. Janesko failed to transfer the title into Petitioner's name and Petitioner filed a Motion for Contempt . 11. Ellen J. Janesko failed to appear for said hearing on November 28, 2006 and the hearing was continued per Judge Oler with the directive that should Ellen J. Janesko fail to appear for the rescheduled hearing, a bench warrant would be issued. 12. A hearing before Judge Oler was held in regard to the Motion for Contempt on December 11, 2006 whereby Ellen J. Janesko did not appear and was adjudicated in contempt. Judge Oler sentenced Ellen J. Janesko to undergo imprisonment in Cumberland County Prison for four months. 13. Furthermore, as part of the December 11, 2006 Order, a true and correct copy is attached hereto as Exhibit "A", Ellen J. Janesko was ordered to effect the transfer of title to Petitioner of the truck at issue. 14. On January 25, 2007, Judge Oler issued an arrest warrant for Ellen J. Janesko. 15. Petitioner is currently in possession of the vehicle at issue but can not register or license said vehicle without the title being in Petitioner's name. 16. Ellen J. Janesko has no known address to send her notice of this Petition for Ownership of Vehicle and a warrant is out for her arrest. 17. Upon information and belief, there is no party to contact to give notice of Petitioner's intention to obtain ownership of said vehicle. WHEREFORE, Petitioner respectfully requests that this Honorable Court order ownership of the vehicle to Michael J. Janesko. submitted, Attorney ID No. 87000 57 West Pomfret Street Carlisle, PA 17013 717-241-2446 Attorney for Petitioner Verification I, Michael J. janesko, hereby verify that the facts contained within this Petition are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Michael J. Janesko Petitioner ELLEN SUSAN JADE JANESKO, Plaintiff v. . MICHAEL J. JANESKO, Defendant DEC 1 g 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE N0. 05-2513 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR CONTEMPT BEFORE OLER, J. ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of Defendant's Motion for Contempt of Order Dated March 23, 2006, and following a hearing rescheduled for this date at Plaintiff's request, which Plaintiff did not attend but in which her counsel participated, the Court finds that Plaintiff has willfully, voluntarily, and knowingly violated the Order of Court dated March 23, 2006, and she is consequently adjudicated in contempt. d THE SANCTION for the contempt is that Plaintiff undergo imprisonment in the Cumberland County Prison for a period of four months. The condition of purge with respect to the sentence is that, within 30 days of the date of this order, she (a) pay Defendant the sum of $428.00 for a missing PTO shaft for a certain John Deere snow blower listed on Defendant's Exhibit 1, a copy of which is attached to this order, (b) effect the transfer of title to Defendant of the RAM P.U. truck listed on the said Exhibit 1, and (c) either effect the return to Plaintiff of each remaining item of personalty listed on the said Exhibit 1, or pay to Plaintiff the monetary value of said item as stated on the exhibit. j SINCE the condition of purge herein can be met within a period of 30 days, Plaintiff need not report to prison at this time. In the event that she has not fully met the condition of purge within the said period of 30 days, she shall. report to the Cumberland County Prison for service of the sentence imposed on Tuesday, January 16, 2007, at 9:00 a.m.; upon her compliance with the condition of purge during the period of incarceration, she shall be immediately released from the prison. IN THE EVENT Plaintiff does not meet the condition of purge and does not report to the prison as required, the Court will, upon motion, issue a bench warrant for her arrest. Sean M. Shultz, Esquire 11 Roadway Drive Ste B Carlisle, PA 17013 For the Plaintiff John J. Mangan, III, Esquire 35 East High Street Carlisle, PA 17013 For the Defendant pcb CCP By the Court, -~H~~a-~ng 11/28/0 Pay attorney Fees Pay to retrieve items from the storage units. ~~~, ~ Returned John Deere Snow blower attaclunent for the tractor $2000--- Returned PTO Shaft for the Snow Blower (Missing.) $150 ~ ~. ~ ~, Magnavox 52 inch TV-- $300 Hay Bind $1500 John Deere 317 Mower $2000 MTD Snow blower -gone -she sold to the Young's $800 Computer HP Pavilion 520c -wrong operation system installed $400 Fishing Tackles Three Ugly Styx Rods $l~U Surf Rod Eagle Claw $50 Penn Reel Slammer Mod. #560 $140 Penn Reel Mod.# 7162 $80 Shimano Reel AX100 $60 Taclde case $80 Plano Box $20 Miscellaneous Lures, Hoolcs; Sinker, Ect. $200 Binoculars-- Steiner Predator 12X50 $299 Minolta $200 Bushnell $60 Loss of Hay 2006-- Couldn't cut hay. 1500 bales-- $3 a bale $4500 Transcripts from hearing in March RAM P.U. Truck -- Transfer Title Total DE~ENUANT'S EXHIBIT ,~ r~.~d~~~ P~'~? c.~ ° ~ =-? ~ ?; Q - - ~ ~ ~ -~ `~~ ~ r ~a \ ~V ~ ~~ c~: -~ MICHAEL J. JANESKO, Petitioner v. IN RE: OWNERSHIP OF VEHICLE VIN: 1B7HC 16Y4RS735904 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.07-2013 CIVIL TERM ORDER OF COURT AND NOW, this 16`'' day of April, 2007, upon consideration of Petitioner's Petition To Obtain Ownership of Vehicle, a hearing is scheduled for Thursday, May 24, 2007, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. SERVICE OF the petition and notice of hearing is hereby authorized by publication once in the Cumberland County Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania. John J. Mangan, Esq. 57 West Pomfret Street Carlisle, PA 17013 Attorney for Petitioner BY THE COURT, J. :rc l ~ d~j. t... ~F~ ~ ~~ °`''~ !. I ~-~~~ i~~iZ jS . ~~ r r", ~`4tt_7 ....~,.°{..... ~ ._.._. Ls MICHAEL J. JANESKO, : IN THE COURT OF COMMON PLEAS Petitioner : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW IN RE: OWNERSHIP OF VEHICLE VIN 1B7HC16Y4RS735904 NO. D 7 ~,~ /~~„~ ORDER OF COURT AND NOW, this ~~~ay of , 2007, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1994 Dodge Ram Pickup Truck, bearing vehicle identification number 1B7HC1.6Y4RS735904 to Michael J. Janesko, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may 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 Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. y, c:°'- ~~ _~--. . - -- ~ ~~. -r' :^ +~ ! tv ~Lv ~ ,,v, -~_. - ~~~ Q r - ~ ~, ~`' Lam: s~