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Home My WebLink About09-7392Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Ph.: (717) 232-5000 Fax: (717)236-1816 rlfinck@mette.com IN RE: OWNERSHIP OF 1965 CUSHMAN MOTOR SCOOTER VIN NO.: 150530 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. - 3 L N : CIVIL ACTION - EQUITY NOTICE 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT I FYOU 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 COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. 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 HVE A LAWYER OR CANNOT AFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGALHELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 519936v1 Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Ph.: (717) 232-5000 Fax: (717)236-1816 rlfinck@mette.com IN RE: OWNERSHIP OF 1965 IN THE COURT OF COMMON PLEAS OF CUSHMAN MOTOR SCOOTER VIN CUMBERLAND COUNTY, PENNSYLVANIA NO.: 150530 DOCKET NO. 09- 7 9Q7tJ T-?-?-_ CIVIL ACTION - EQUITY PETITION TO OBTAIN TITLE OF MOTOR VEHICLE The Petitioner, Douglas Fries ("Petitioner"), by and through his attorneys, Mette, Evans & Woodside, files this Petition to clear title of motor vehicle. 1. The Petitioner is an adult individual with a principal address at 769 Lancaster Avenue, Enola, PA 17025. 2. The vehicle that is the subject of this proceeding is a 1965 Cushman motorized scooter with a Vehicle Identification Number 150530 and Title Number 18368637 (the "Vehicle")- 3. The Vehicle is in the possession Helen Michaels ("Mrs. Michaels"), an adult individual residing at 864 Hilltop Road, Lemoyne, PA 17043. 4. Mrs. Michaels' husband, Louis Michaels, acquired the Vehicle more then 35 years ago from an unknown individual. 5. Mr. Louis Michaels died on May 5, 2004. All personal property held by Mr. Michaels was held as entireties property with Mrs. Michaels and passed to her by operation of law. 6. Mrs. Michaels wishes to sell the Vehicle to the Petitioner. 7. Mrs. Michaels has no paperwork relating to the Vehicle. 8. Petitioner is purchasing the Vehicle from Mrs. Michaels for the purchase price of $2500.00 and desires to clear title to the Vehicle. Said purchase price will be paid within ten days of an entry of an Order of Court confirming title on the Petitioner. 9. The Petitioner and Michaels do not have any information about any one else with any ownership interest in the Vehicle. 10. The Petitioner, through his counsel, requested a copy of the Commonwealth of Pennsylvania, Department of Transportation's records related to the Vehicle. All information obtained from the Department of Transportation in response to the request is attached hereto as Exhibit "A" and made a part hereof by reference. 11. In January of 2009, the Petitioner caused a public notice to be published in a newspaper of general circulation where the Vehicle is located. A true and correct copy of the !proof of publication is attached hereto as Exhibit "B" and made a part hereof by reference. 12. The Petitioner has not received any response to the publication. 2 WHEREFORE, the Petitioner respectfully requests that this Court enter an Order awarding ownership of the Vehicle to the Petitioner, together with such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: ` Ronald L. Finck, Esquire Supreme Court I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Petitioner, Douglas Fries Date: October 26, 2009 3 VERIFICATION I, DOUGLAS FRIES, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED:'` S , ?A DOOTL,6? FRIES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION SEP-2 8 209 HARRISBURG, PA 17123 9/22/09 08:44 RONALD L FINCK 092650763000034 001 METTE,EVANS,B WOODSIDE $401 N FRONT ST HARRISBURG PA 17110-0000 CERTIFICATE 8 ATTESTATION I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. ILN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 142, PA. Consolidated Statutes. ?d&Q.pwt? SECRETARY OF TRANSPORTATION I hereby certify that the documents attached hereto are full, true and correct photostatic, microfilm or printed copies of documents or electronically stored information of which I have legal custody and that the copies conform to the requirements of 6109 of the Judicial Code. Sales tax information is redacted from applications for certificate of title in accordance with the Act of April 9, 1929, P.L. 343, as amended, 72 P.S. Section 731. TITLE: 18368637 VIN : 150530 CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/22/09 08:44 PAGE 1 OWNER TITLE NUMBER 18368637 tAG NUMBER VIN 150530 MAKE MODEL ENEWAL WID REVIOUS TAG LIENS NO tTOPS 092650763000034 001 LESSEE NONE TITLE DATE REGISTRATION EXPIRY DATE: BODY TYPE ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 0000 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE DDRESS CORRESPONDENCE TO: EPARTMENT OF TRANSPORTATION OEHICLE RECORD SERVICES 00 BOX 68691 OARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US *** FRAME D16 *** PATSY A MARCH CK DIG MA TITLE D18368637 TAG DOT 07-25-66 1760 D EVERS RD DUP TIT DUP REG OPER ID EXPIR Y DATE 00-00 COLONY PARK APT 5 EST ACN 00-69139-0-0000-00 0000 DATE RENEWED 0-000 YORK PA 17404 REN RCN 00-00000-0-0000-00 0000 DATE PROC 02-07-74 CUR ACN 00-77126-0-0000-00 0000 MAKE CUSHMAN VIN 15 0530 ACN HISTORY GWT GWT COMB GVWR GCWR TYPE MC AXLES SEATS ST OF OR IGIN MDL YR ODOM FILE C ODE 00 PREV TAG 2D553 STOP CODES FEE REG F EE PD $.no DATE - AMT: $.00 SALES TAX E.u, ALL STATE°'LEGAL 800-222-0510 LD11 RECYCLED . ?x The Patr!ot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 FRIES 769 LANCASTER AVENUE ENOLA the panotwNews Now you know PA 17025 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisbu , County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patri t-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have teen continuously published ever since; hat the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily anddor Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and that he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of 'The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and foe said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001937830 ran on the dates shown below: January 07, 2009 January 08, 2009 a icrk rlcp January 09, 2009 a nub wolc.t?i+rr.ar orv.n feat wa January 10, 2009 ara ltd Dwno'.W a CURhrnan S=C r 0.v1rr "Y' "q." t onrsa January 11, 2009 tot4b w?w?takonlnvol - u tt.ltb iH dv r?kih10 through a cou order' Plamwepfi 717 f 44y7 ..... tSor?nto ....... a bs ribed before th' 1J d of January' 2009 A.D. Notary Pubic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shortie L Ktner, :Notary Public City Of Haniaburg; Dauphin County My Conambsion EVIM Nov. 26, 2011 Member, Pennsylvania Association of Notaries The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 FRIES 769 LANCASTER AVENUE ENOLA PA 17025 the Patr1*otwXews Now you know INVOICE ALL CHARGES ARE NET ACCT # AME AD ORDER # DATE EDITION ADDTL. INFO. TYPE OF CHARGE AMOUNT 78420 (Fries 0001937830 01/07/09 REGULAR BASIC AD CHARGE $43.63 78420 Pries 0001937830 01/08/09 REGULAR BASIC AD CHARGE $43.63 78420 Dries 0001937830 01/09/09 REGULAR BASIC AD CHARGE $43.63 78420 Pries 0001937830 01/10/09 REGULAR BASIC AD CHARGE $43.63 78420 Fries 0001937830 01/11/09 REGULAR BASIC AD CHARGE $50.47 AFFIDAVIT CHARGE TOTAL: REMITTANCE ADDRESS The Patriot-News Co. 23794 Network PL Chicago, IL 60673-1237 Please include the Account # or Ad Order # (above) with your remittance--Thank You $5.00 $229.99 NOTE: This Invoice replaces the Order Confirmation which we previously sent with Proofs of Publication FILED-OFFICE OF THE PR?T!MIJTARY 2009 OC T 27 Pty l : 10 CUME ;:'L.`ti',' COIJINTY 4 19.5o PA AT-'(y CAF 99341 a3a ?? I OCT 2 9 2099 IN RE: OWNERSHIP OF 1965 IN THE COURT OF COMMON PLEAS OF CUSHMAN MOTOR SCOOTER VIN CUMBERLAND COUNTY, PENNSYLVANIA NO.: 150530 DOCKET NO. 09 - 159 0-4vil term CIVIL ACTION - EQUITY ORDERAN NX D NOW, this day of 2009, after reasonable notice-7 opportunity for hearing having been provided to all interested parties, the Court hereby awards'''' ownership of one 1965 Cushman Motorized Scooter Vehicle bearing Vehicle Identification Number 150530 and Title Number 18368637 to Douglas Fries. The right, title and interest of any other person to said vehicle is hereby extinguished. The 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 procedure of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: J. Distribution: v n Michaels, 864 Hilltop Road, Lemoyne, PA, 17043 ouglas Fries, c/o Ronald L. Finck, Esquire, Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110 F!LEU- - OF THE PR K, 2009 R-OV -b PM 12= 0.6