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HomeMy WebLinkAbout01-4724Richard J. McCommon VS. PENNDOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EQUITY NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. c ,~ R, I verify that the statements made in this Petition are ta'ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR AVEHICLE CODE LEGEND ! 7 2 The uehicle described heTeon is subject to the lo'owing F~ST LIEN LIEN RELEASED SECOND LIEN FAVOR OF: LIEN RELEASED DAT£ Secretary of Tran.~rrtatlon RICHARD J. McCOMMON, Plaintiff PENNDOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4724 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of August, 2001, upon consideration of Plaintiff's Petition To Obtain Transfer of Title, a hearing is scheduled for Friday, September 28, 2001, at 2:45 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Richard J. McCommon P.O. Box 3 Summerdale, PA 17093 Plaintiff, Pro Se Elaine Blass, Esq. Assistant Counsel Pa. Dept. of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Defendant %. :rc RICHARD J. McCOMMON, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4724 CIVIL TERM ACTION IN EQUITY PREACIPE OF APPEARANCE Please enter my appearance on behalf of the Commonwealth of Pennsylvania, Depart- ment of Transportation, in the above-entitled action, and serve all documents upon me at the address listed below. Respectfully submitted, Elaine Blass Assistant Counsel Motor Vehicle Section Department of Transportation Riverfront Office Center - 3~a Floor 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney ID g43097 DATED: September 21, 2001 Mr. Richard J. McCommon PO Box 3 Summerdale, PA 17093 RICHARD J. McCOMMON, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4724 CWIL TERM ACTION IN EQUITY MOTION TO REMOVE RESPONDENT AS A PARTY TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW your Respondent, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles (Bureau), by and through its attorney, Elaine N. Blass, Esquire, and the Certified Legal Intern, Theresa Kinsinger-Horvath, who respectfully request, pursuant to Pennsylvania Rule of Civil Procedure 2232(b), Pa. R. Civ. P. 2232(b), that this Honorable Court remove the Bureau as a party in the above-captioned case, as the Bureau has been misjoined as a party, and no claim for relief has been asserted against the Bureau by the Petitioner, Richard J. McCommon (Petitioner). The Bureau respectfully represents as follows: 1. In his Petition to Obtain Transfer of Title, Petitioner seeks title to a 1970 Intemationai SW, Vin No. 782815G392353, Title No. B22062138. 2. Petitioner claims he has had the vehicle since August, 1995, when he was told to remove it from Capitol Produce, Inc.'s property. 3. Petitioner asserts that Capitol Produce, Inc. went out of business on February 28, 1997. 4. Petitioner claims that, at the time he took the vehicle, it was not running. 5. Petitioner alleges he has now repaired the vehicle and would like to use it. 6. With his Petition, Petitioner included a copy of a Certificate of Title showing Capitol Produce, Inc. as the title owner of the vehicle. 7. Petitioner has not alleged that the Department of Transportation currently has, or has ever had, an ownership interest in the vehicle 8. Petitioner is proceeding Pro Se. During the week of August 13, 2001, Ms. Coulson, a staff member of this Court, contacted the Office of Chief Counsel to inform the Department of the above-captioned matter for purposes of scheduling a heating. 10. On August 13, 2001, the Department of Transportation, Office of Chief Counsel, Vehicle and Traffic Law Division, received a certified copy of the Notice to Defend, dated August 9, 2001. 11. The Bureau was not served by Petitioner. 12. On August 16, 2001, the Office of Chief Counsel received an Order issued by the Honorable J. Wesley Oler, Jr., notifying the Bureau of a heating scheduled on Friday, September 28, 2001, in regards to Petitioner's request to transfer title. 13. With this Court's permission, on August 16, 2001, the Bureau sent a letter and Fact Sheet, entitled Involuntary Transfer of Ownership of a Vehicle by Court Order, to Petitioner notifying him of the proper means by which title can be transferred by Order of Court. 14. This Fact Sheet indicates that, unless the Department of Transportation has an ownership interest in the vehicle, it is not an interested party and should not be joined in the proceeding to involuntarily transfer title by Court Order. 15. By letter dated August 16, 2001, the Bureau sent a copy of the August 16, 2001, letter to the Petitioner and of the Fact Sheet to this Court. 16. Petitioner is now requesting the Court to transfer title of and ownership in the vehicle to the Petitioner 17. The Bureau asserts that the Department of Transportation does not own or have an ownership interest in this vehicle. 18. The Bureau asserts that the Depathnent of Transportation has not previously owned or had an ownership interest in the vehicle. 19. The Petitioner has not asserted a claim for relief against the Department regarding the ownership of this vehicle 20. Therefore, the Bureau respectfully asserts that the Department of Transportation has been misjoined as a party to this action, as described under Pennsylvania Rule of Civil Procedure 2232(b). The Bureau seeks the Court's permission to be removed as a party in this action. WHEREFORE, the Bureau respectfully requests that its Motion be granted and the Bureau be removed as a party to this action, as provided for by Pennsylvania Rule of Civil Procedure 2232(b). Respectfully submitted, Theresa Kinsinger-Horvath Certified Legal Intern Elaine Blass, Esquire Assistant Counsel Attorney I.D. No. 43097 Riverfront Office Center Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 Date: September 21, 2001 RICHARD J. MCCOMMON, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4724 CIVIL TERM ACTION IN EQUITY : CERTIFICATE OF SERVICE I hereby certify that I am on this day and date serving a copy of the Motion To Remove Respondent As A Party upon the person, and in the manner indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class letter, postage pre-paid Richard J. McCommon P.O. Box 3 Summerdale, PA 17093 Elaine Blass Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA. 17104-2516 (717) 787-2830 DATE: September 21, 2001 RICHARD J. McCOMMON Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLE Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4724 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of September, 2001, after a hearing at which it was established that the record title holder to the vehicle in question, Capital Produce, Inc., has long since gone out of business, and that no lien holder exists with respect to the vehicle, the Court hereby awards ownership of one 1970 International Scout station wagon bearing Vehicle Identification No. 782815 G 392353 to Richard J. McCommon, 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. By the Court, · W~sley~, ~.; O. ~rd J. McCommon, Petitioner, Pro Se 638 E. Street Summerdale, PA 17092 03o11-0,%