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Home My WebLink About09-6865 IN RE: OWNERSHIP OF 2002 FORD EXPLORER VIN: 1 FMZU74WX2ZB02029 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO tQ - (Afis CIVi ? ORDER AND NOW, this day of , 2009, upon review of the Motion for Declaration of Ownership., a hearing is scheduled at a.m./p.m. for the day of , 2009 in Courtroom No. , of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: DISTRIBUTION: Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013 Faith A. Marchiano, 59 Spring Garden Est., Carlisle, PA 17013 * IN RE: OWNERSHIP OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2002 FORD EXPLORER VIN: IFMZU74WX2ZB02029 o g - pLs*-Q ?"` NO: CV PETITION FOR DECLARATION OF OWNERSHIP AND NOW COMES, Charles Fahnestock, by and through his Attorney, Jane Adams, Esquire, respectfully avers as follows: 1. Petitioner, Charles Fahnestock, (hereinafter referred to as "Petitioner"), resides at 2201 Ritner Hwy, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Petitioner is requesting a Declaration of Ownership regarding a 2002 Ford Explorer, VIN: 1FMZU74WX2ZB02029 3. The only other known person who would have or assert an interest in the subject property is: Faith A. Marchiano, 59 Spring Garden Est, Carlisle, Pa 17013 (hereinafter referred to as "Respondent."). 4. On October 17, 2008, Respondent left the 2002 Ford Explorer with Petitioner for repairs. 5. Petitioner made such repairs, for which over One-Thousand Dollars was owed to Petitioner as per the terms of the parties' agreement. 6. Petitioner then sold Respondent a 1989 Cavalier and he transferred the title to Respondent. 7. Respondent could not pay for the 1989 Cavalier but rather indicated that Petitioner could keep the 2002 Ford Explorer as collateral for her payment on the 1989 Cavalier. 8. Respondent never paid the amount owed for the 1989 Cavalier, and never came to reclaim the 2002 Ford Explorer. 9. In May 2009, Petitioner wrote Respondent via certified mail inquiring as to her intent regarding the 2002 Ford Explorer and the amounts due and owing to him. (A copy of the certified receipt is attached as Exhibit A) 10. Respondent never responded. Petitioner is still in possession of the 2002 Ford Explorer, which is on his property and which he cannot get registered or inspected since the registration has expired. A copy of the registration is attached as Exhibit B. 11. Respondent has not paid any storage fees to Petitioner. 12. Petitioner is entitled to ownership of the 2002 Ford Explorer based on the parties' prior agreement and the fact that Respondent has abandoned the vehicle on Petitioner's property. 13. Charles Fahnestock is unable to obtain a Certificate of Title from the Commonwealth of Pennsylvania, Department of Transportation without a Court Order. 14. Petitioner is requesting that this Honorable Court enter a court Order declaring him the owner of the 2002 Ford Explorer. WHEREFORE, Petitioner requests this Honorable Court declare Charles Fahnestock the owner of one 2002 Ford Explorer, VIN: 1FMZU74WX2ZB0209. Datelb//W-d?-- Respectfully submitted, ane dams, Esquire 17 e 3 South Street lisle, PA 17013 717) 245-8508 ID # 79465 Attorney for Petitioner ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r ? /?(c?/Cd C't.z A.. Signature ? Agent ? Addressee B. R?j ived by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type -701 S ? ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number 7007 31320 130111 9301 9732 ?Yes (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EM61-F -)? , SA-2C(1 -07) PENNSYLVANIA VEHICLE REGISTRATION PennDOT is proud to provide you with your new registration credential. MV-105A05-071 1 PLEASE SIGN YOUR CREDENTIAL - To validate your credential, you need to sign your name in ink as indicated below. The registration must be available when the vehicle is in use. DID YOU CHANGE YOUR ADDRESS? - It is important that we have your current address, and the law requires that any changes be reported to PennDOT within 15 days. Please notify PennDOT of any address change by writing to: PennDOT, Bureau of Motor Vehicles, Harrisburg, PA 17104-2516. Please include the following information with your change of address request: your full street address (including P.O. box number, rural delivery, route number or apartment number, if applicable), city, state and zip code. Please remember P.O. box numbers may be used in addition to the actual address, but cannot be used as the only address. You may also change your address online at Online Services Center at WWW.DMV.STATE.PA.US. PENNSYLVANIA'S LITTERING LAWS - As a reminder, Pennsylvania has laws against littering on our roadways and on public and private property. Under law, PennDOT is required to include this statement on vehicle credentials to remind motorists of littering laws. By signing your registration credential, you acknowledge that you have received notice of this provision. Section 3709 of the Pennsylvania Vehicle Code provides for a fine of up to $300 for dropping, throwing or depositing, upon any highway, or upon any other public or private property without the consent of the owner thereof or into or on the waters of this Commonwealth from a vehicle, any waste paper, sweepings, ashes, household waste, glass, metal, refuse or rubbish or any dangerous or detrimental substance, or permitting any of the preceding without immediately removing such items or causing their removal. For any violation of Section 3709, you may be subject to a fine of up to $300 upon conviction, including any violation resulting from the conduct of any other persons operating, in possession of or present within the vehicle with your permission, if you do not with reasonable certainty identify the driver of the vehicle at the time the violation occurred. PLEASE DRIVE SAFELY AND REMEMBER TO BUCKLE UP 8(ftFFJ9 _ Detach Harms - - - -_ - 01-OF 01 _ - __ - - - - - -- - - - - - - - - - -S- - - - J)OAPC-h Here - - - COMMONWEALTH OF PENNSYLVANIA REGISTRATION CREDENTIAL -EXPIRY: SEP 309 2009 VALID: 10101/08 0"PLATE: CTS9009 --l-TITLE: 66731A920.42 MA SIGNATURE LrIVIN: IFMZ0411? 02029 -- -'YR/MAKE : 2002 FORD I hereby acknowledge this day that I have received 01TYPE : so notice of the provisions of Section 3709 of the Vehicle &In: 0$275 1392 000104-001 Code. EMISSIONS INSPECTION REQUIRED/DIESEL VEHICLES EXEMPT COUNTY: CUMBERLAND FAITH A MARCHIANO 59 SPRING GARDEN EST CARLISLE PA 17015 VERIFICATION I, Charles Fahnestock, verify that the facts set forth in the Motion for Declaration of Ownership are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. / 0/ k1b T - a k 4's? - Date Charles Fahnestock, Petitioner FILED 2009 GC T 14 Al 10: P 3 f q P, X 8.50 PQ Ary cx 50,78 PT* o131Q5s OCT 1s toes IN RE: OWNERSHIP OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2002 FORD EXPLORER VIN: 1 FMZU74WX2ZB02029 NO: Cq - (p$(05 0,1vi'l l em G? ORDER AND NOW, this l _i day of V , 2009, upon review of the Motion for Declaration of Ownership, a hearing is scheduled at N fit./p.m. for the q #" day of , 2009 in Courtroom No. 3 , of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY.RIRE COURT: DISTRIBUTION: lydne Adams, Esquire, 17 West South Street, Carlisle, PA 17013 /aith A. Marchiano, 59 Spring Garden Est., Carlisle, PA 17013 4 9 RLE w r ICE 2009 OC i 19 PM : 28 t. I t _