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Home My WebLink About01-4700HENDERSON DEAN & ASSOCIATES, INCORPORATED Plaintiff VS. JOSEPH L. LASSITER dba BAD BOY TRUCKING; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~"]" qT00 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) 1FUPYDYB4H269299, 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, a Virginia-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. 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 stored 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 mai! number 7099 3220 0010 3577 7451 from Henderson, Dean & Associates, Inc., notifying him of intention to retain, related storage costs 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 01, 2001 Respectfully submitted, Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney forPlaintfff FORM D-1 UNIFORM IDENTIFICATION CAB CARD FOR VEHICLE OR DRIVEA~AY OPERATION EXEMPT FROM ICC REGULATION Operating Motor Carrier Name of Carrier_.~e& Street '- C~ty~,-_ ),~' ._~:__ (' .o~ Vehicle Type_ ~ p~c~o~ Tractor --Truck -- Bus-- Driveaw~y * Year4q g5 ** State of Vehicle Reg.istration~[ ~ ~ ,: ' Name of Owner of Vehicle The operation of the vehi~e or conduct of the driveaway operation, de- scribed above, is exempt from regulation by the Interstate Commerce Com- mission under the Interstate Commerce Act, ~ ~ended, pursuant to the authority checked belOw: [] Sec. 10523 (a) Terminal Area Exemption [] Sec. 10523 (b) Terminal Area Exemption [] Sec. ]0521 (a) (1) ~C~E) l~oreign Commerce Exemp- tion [] Sec. 10526 tn) (D Exe~ti0fl [] Sec. 10526 (a) (2) Exemption [] Sec 10526 a)(3) [] Sec. 10526 (a) (9) [] Sec. 10526 (a) (4) Such vehicle with .the laws of is placed on the rev~rsg I, the unders~ that the above information execute this document on behal scribed by law.) [] Sec. 10526 ~a) (5) Farm Cooperative Exemp- tion [] Sec. 10526 tn) (6) Commodities Exemption ,[U Seg, 10526 (a) (7) Newspaper Exemption [~ see. 10526 (a) (8) .4.ir Trio. sport Exemption [] Sec, 10526 (b) (1) Municipal Exemption -Sff'] ~ 10526 (b) (2) Occasional Exemption '~] S~: 10526 (b) (3i Emergency Tow Exemp- tion [] - ' Specify Other Exemption In accordance stamp or number carrier. do hereby certify tat I am authorized to (State penalties as pre- Title ]~x~/~o.~; Date xecuted ~,- This card expires at 12:01 A.M., February 1, 20.0 { , or , whichever is earlier. * Nor applicable to driveaway operations. ** If the State of vehicle registration changes during the period this cab card is effective, the motor carrier si indicate the change above by marking 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. ~ ~TATION NO. COMMONWEALTH {DF' PENNSYLVANIA 5 4 8 2 6 7 3--0 St,Hecha~icsburg,pA 17055 766-4575 t4echanicsbu~g ~ PA 1705 so. ~R Num~ PA0211 - - 800 NOTICE If you plead guilty or are found guilty, points may be assessed against your driver's record. AdcumulatJon of 11 or more po nts w II resu t in the suspension of your dry ng privilege. Also, your driving privilege WILL BE SUSPENDED if you plead gullW or are found guilty of certain offenses under the Vehicle Code including but not mired to drvng while operating privilege is suspended or revoked, racing on highways, fleeing or attempting to elude police, driving without lights to avoid identification or arrest, accidents involving damage to attended vehicles or property, failure to stop for school bus with flashing ligfits, or subsequent convictions related to drivers required to be licensed. HD&A' Hendeeson Dean DECEMBER 5 2000 ~o~-ph I I.~itcr Bad Boy Trucking Como, NC 2781g REGISTERED MAIL Re; 1985 Fmightline. rr Viii # 1FI.]PYDYB4]{269~99 Our off~c~ represents Matt Farrell, owner of Interstate Towing and RecoveD, located at l ] 20 ST Johns Rd, Camp Hill, Pa ! 7011, bereiru~;gr ~ Plainfiffl. On g/4, 00 Plaintiffrecovere. d the '~hicle in question due to an accident on 8/4/00 in Upper Allen Township. Prof--' notice ~ been given to )~u ~,m'din~ these costs have not berm paid. the towi~, ~ n~l acoumuhtcd storage: charges. To date with~ twemy d~ys ofreceq~ ofthi~ lette~, tbe~ charges ~ve not been ladd, we will imm~dilggly begin proper proceedings to collect this money up to m,',,d including takin~ possession of the vehicle, See charges fol- Our °ffice cann°t faxt a lienhokler with tha DMV for this vehicle. Ii; in fact tbere is one, please notify them ira. mediately notLCy our office. A stmnped sel~addrcssed envelope is enclosed Towing and Rceovery l~e $1,170. 00 Aut~ repa~ 596.00 Storage since 817/00 3,520.00 Total Due $5,2i6.00 aa ofNove,-ber, 3 20000. Plebe keep in mhxl tl',~e ¢o~la will comi~ue to rise ffnot lmid, mi ~I$o we will be ' lny costs it tak~ t~ reaolve this a~iier. ' ~ coll~tmn f~s 1:~ Fc~,, 71~-$$~-21~9 MaE 717-$20..H'96 U, S. POSTAGE PAID HERSHEY. PA ~703:~ JRN 22, Ol HENDERSON DEAN & ASSOCIATES, : · IN THE COURT OF COMMON PLEAS INCORPORATED : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : vs. : NO. EQ 2001 : JOSEPH L. LASSITER : dba BAD BOY TRUCKING; : Defendant : CIVIL ACTION -- EQUITY VERIFICATION STATEMENT 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, Cons, Stat, Ann. § 4904, relating to unsworn falsification to authorities. Date: ~t~-j / ,2001 John/K~ Hent4efson, Dean & Associates HENDERSON DEAN & ASSOCIATES, : IN THE COURT OF COMMON PLEAS INCORPORATED : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. : NO. EQ 2001 : JOSEPH L. LASSITER : dba BAD BOY TRUCKING; : Defendant : 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 cYb/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