The URL can be used to link to this page

Home My WebLink About11-0865FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 25 PM k 1712 CUMBERLAND COUNT`S' PENINSYLV NIA Bryan W. Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook0dplglaw.com Attorney for Raymond W. Tennyson, III IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1928 PACKARD 526 SEDAN : CUMBERLAND COUNTY, PENNSYLVANIA (VIN: 164775) . MOTION FOR DECLARATION OF OWNERSHIP AND NOW comes the Raymond W. Tennyson, III, who, along with Jean Comstock, Motions this Honorable Court for declaration of Ownership of a 1928 Packard 526 Sedan (VIN: 164775; Engine Number: U16302713) and in support thereof respectfully avers: 1. Raymond W. Tennyson, III is an adult individual current residing at 50 Lisburn Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Raymond W. Tennyson, III is requesting a Declaration of Ownership of a 1928 Packard 526 Sedan (VIN: 164775; Engine Number: U16302713) (hereinafter referred to simply as the "Packard") which Mr. Tennyson obtained from his Grandmother, Jean Comstock whose current address is 3023 Arlington Court, Independence, Missouri 64052. 3. The Packard was last titled to Mr. Tennyson's great-great uncle, Henry H. Renfro. (A copy of the October 4, 1937 Certificate of Title # 425226 is attached hereto, made part hereof and marked as Exhibit "A") 4. Mr. Renfro died without issue and without surviving spouse on October 17, 1965. 5. Mr. Renfro and his wife Ms. Leona Comstock raised Mr. Tennyson's Grandfather, Elmer Comstock, as their own child. 6. At some point prior to Mr. Renfro's death, Mr. Renfro gave Mr. Tennyson's Grandfather, Elmer Comstock, the subject Packard. 7. Mr. Elmer Comstock possessed the Packard until his death on October 13, 2002. 8. Mr. Comstock died leaving a surviving spouse, Jean Comstock, who joins in this Motion. 9. Jean Comstock came to own the Packard through the passing of her husband, Elmer Comstock. 10. Jean Comstock gave the vehicle to her grandson Raymond W. Tennyson, III. 11. The undersigned caused a search of the records to be conducted by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles on January 14, 2011 in which the Bureau returned a finding that no record of the aforementioned vehicle, searched by both VIN/Serial Number and Engine Number', exists in their files. (A certified original of the January 14, 2011 Report is attached hereto, made part hereof and marked as Exhibit "B"). 12. On December 22, 2010, the undersigned contacted Matthew Haeckler, Esquire, Assistant Counsel for Commonwealth of Pennsylvania, Department of 1 it has common years ago to register vehicle by the engine number as it was often easier to locate than the serial or vehicle identification number. Registering a vehicle by this method is unreliable at best as the engine could have to be replaced at some point and the vehicle would then become unidentifiable. Transportation, Bureau of Motor Vehicles who stated that Penn Dot has no interest in these matters other than the determination of who the owner of the vehicle is. 13. There is no indication that there is anyone besides the Raymond W. Tennyson, III who claims ownership of this Packard. 14. Raymond W. Tennyson, III is unable to obtain a Certificate of Title from the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles because there exists no record of a Certificate of Title with the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles for this particular vehicle. WHEREFORE, Raymond W. Tennyson, III, along with his Grandmother, Jean Comstock, respectfully request that this Honorable Court declare that t Raymond W. Tennyson, III is the owner of the 1928 Packard 526 Sedan (VIN: 164775; Engine Number: U163027B). Date: J AN OARY S' a oll Respectfully Submitted, Bryan VV. Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 -te? -? - oo-'?:L 01/? CIC-? l638 K` -2 Sq Z 1,-A VERIFICATION I, Raymond W. Tennyson, III, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: I q .i n a o? ?/D G? , I Ray and W. Te ys n, III VERIFICATION I, Jean Comstock, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Name: Jean Comstock S, ATE OF KANS?'%#' '4 A CERTIFICATE OF TITLE OF A M03`®42 YEHiCLE I, CARS, :NEWCOMER, Motor Vehicle Commissioner of the State of Kansas, do herebacertify that an application ha: p? been made to the County Treasurer of the proper county for a certificate of title for the motor vehicle described as follows: si z IV, Then .r:.e.t is ?nbk+f to .Isr f,ri, wiu{1 n. 8' '0. It has been recommended by the County 'Ireaiurtrr that th.z cer.ihcatt e 5t r u?d. =herafore, upon such recnnlmenja- tion, I am issuing this certificate of title, and 1 do hereby certif v that the al parr ?';ie nt h-.," bepn dolt' registered as the lawful owner of the above described mot r vehicle, and that It appears upon h , caf$ a, of rrv o'n, e that at the date of the application for this certificate, said motor vehicle was subject r<. the liens hereinben.•e ca Fne-ated: ? ' IN WITNESS WIiEREt)r•', t HAVE HERETO AFFixt-'E' mv z? ".t co SF}fit.. OF THE MOTOR VEHICLE DE€'ARTVFNT, AT fOPEKAA 1Y ? ? o r > ow ?? E? r (KEEP THIS Certificate of Tine in a safe place. Do not C r t5 r i ' alteratirn or matilation) 1ti ? V tle showing any erasure, accept t i / < 3 V I ` r ? M X ,X t' M ? no, lj a _4 R 3 +?l ?7 EXHIBIT :1 To be filled in by seller and delivered with vehicle to the purchaser. The new O'vaer-must make applica- tion for new certificate of title within four (4) days to the County Treasurer of the c urity where the owner resides. The fee for title is 50c. ASSIGNMENT OF TITLE FOR VALUE RECEIVED I (WE) HEREBY SELL AND ASSIGN TO ..... ........... ...........:....... ......................... ........................................................ ..................................... (Name of purchaser) (Address) (City) (state) The motor vehicle described on the reverse side of this certificate and I (we) hereby warrant the title of the said motor vehicle to be free from all liens and encumbrances except as follows: Amount of Lien $ ...............................Kind of lien........ .................-................................................. 19.......... (If no lien use word "none") (Mortgage., Nom Conditional sale, etc.) (License Nos Removed) (Year) In favor of .................................................................... ...................................................... (Holder of lien) (Address) (City) SEAL Signature (Sts ........................................................ ................ Seiler Subscribed and sworn to before me this ..................day of........ ......... ..... 193...... .................. (Notary Public) To be filled in by Kansas registered dealer only and delivered with vehicle to the purchaser. The 'new owner must mare application for new certificate of title within four (4) days to the County Treasurer of the county where the owner resides. The fee for title is 50c.. RE-ASSIGNMENT BY REGISTERED DEALER ONLY FOR VALUE RECEIVED I (WE) HEREBY SELL AND ASSIGN TO ....... ..................... ......... ......... ....... ........ ................................--............................................... (Name of Purchaser) (Address) ty) (The motor vehicle described on the reverse side of this certificate and I (we) hereby warrant the title of the said motor vehicle to be free from all liens and encumbrances except as follows: Amount of Lien $ ......... ...............Kind of lien......... (If no lien use word `none") (Mortgage. Note Gonditionul Sale, etc.) In favor_ of ........ ........ .................................. (Holder of lien) (Address) (city? (State) Dealer's license number ........................................... SEAL Signature ................................................................... ...Dealer ......... ............................................. '..,..................... By ...1 Sfsn here as Pres., V• Pres., Sec't'., Tress. or Aatkorized Agent.. Subscribed and sworn to before me this......... ....day of ... ...193. .. ...... ............................................... (Notary Public) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/14/11 10:27 BRYAN SHOOK ESQUIRE 2132 MARKET ST CAMP HILL PA 17011-0000 Dear Customer: 110141167000049 002 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. VIN . :164775 If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717- TDD IN STATE 1-800 TDD OUT-OF-STATE 717 www.dot.state.pa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/14/11 10:27 BRYAN SHOOK ESQUIRE 2132 MARKET ST CAMP HILL PA 17011-0000 Dear Customer: 110141167000049 001 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. VIN : U163027B If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 www.dot.state.pa.us IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1928 PACKARD 526 SEDAN : CUMBERLAND COUNTY, PENNSYLVANIA (VIN: 164775) . No: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Declaration of Ownership, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Ms. Jean Comstock 3023 Arlington Court Independence, Missouri 64052 Date: J A N v Atzy a S Aoa Respectfully Submitted, -/-S" Al' Bryan . Shook, Esquire I. D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Raymond W. Tennyson, III 47 r i. A IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1928 PACKARD 526 SEDAN : CUMBERLAND COUNTY, PENNSYLVANIA (VIN: 164775) . No: SCHEDULING ORDER day of 20// upon AND NOW, this the 104' review of the Motion for Declaration of Ownership, a hearing is scheduled before the day of 07 044A 2011 Honorable on the ? 0 in Courtroom #-3 floor of the Cumberland County Courthouse, 1 Courthouse Square Carlisle, Pennsylvania. BY E C J. DISTRIBUTION LEGEND: _ Bryan W. Shook, Esquire ? Ms. Jean Comstock 2132 Market Street copo ^ Ilf 3023 Arlington Court Camp Hill, Pennsylvania 17011 04 Independence, Missouri 64052 (717) 975-9446 ^Of. . IN RE: OWNERSHIP O 1928 PACKARD 526 SEDAN (VIN: 164775) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA //- . NO ORDER AND NOW, this the day of 2011, after reasonable notice and an opportunity for hearing have been provided to all interested individuals, the Court hereby wards ownership of one 1928 Packard 526 Sedan (VIN: 164775; Engine Number: U11302713) and the right, title, and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation shall accept this Order as evidence of ownership in lieu of a Certificate of Title. The Plaintiff shall submit the appropriate forms, taxes, and fees and comply with any other pr cedures of the Commonwealth of Pennsylvania, Department of Transportatio in order to receive the appropriate Certificate of Title. B T J. -, . (71 i .? DISTRIBUTION LEGEND: Bryan W. Shook, Esquire 2132 Market Street Camp Hill, Pennsylvania 1 (717) 975-9446 11 ?s fer'solalll g tYeA 3.10- u R? Ms. Jean Comstock 3023 Arlington Court Independence, Missouri 64052 IN RE: OWNERSHIP O 1928 PACKARD 526 SEDAN (VIN: 164775) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 11-865&)J AMENDED ORDER AND NOW, this the 1* day of March, 2011, this Court hereby Amends its Order of March 10, 2011 to read as follows: (Amended Language is Underlined.) AND NOW, this the 10jh day of March 2011, after reasonable notice and an opportunity for hearing have een provided to all interested individuals, the Court hereby awards ownership of ne 1928 Packard 526 Sedan (VIN: 164775; Engine Number: U163027B) Lo Raynkond W. Tennyson, III and the right, title, and interest of any other person to said vehi?le is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation shall accept this Order as evidence of ownership in lieu of a forms, taxes, and fees and Pennsylvania, Department Certificate of Title. of Title. The Plaintiff shall submit the appropriate ply with any other procedures of the Commonwealth of Transportation in order to receive the appropriate Y T T: J. DISTRIBUTION LEGEND: r/ Bryan W. Shook, Esquire 2132 Market Street Camp Hill, Pennsylvania 17 11 (717) 975-9446 . % _3/1%I GMs. Jean Comstock 3023 Arlington Court Independence, Missouri 64052 ? s` ORO IIN