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
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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.
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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.
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