Loading...
HomeMy WebLinkAbout11-8938FI,'-0'°-F i J a H(,?i 0"T .<? kY 2f,11 DEC -1 P?1 1 ';JM3 l;i_A:J ::+J;i I 'I PENS SYLVAI flA Bryan W. Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook@dolralaw.com Attorney for John C. Armstrong IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1962 CHEVROLET IMPALA : CUMBERLAND COUNTY, PENNSYLVANIA (VIN: 21847F302808) No: PETITION FOR DECLARATION OF OWNERSHIP AND NOW comes the John C. Armstrong, who, Motions this Honorable Court for declaration of Ownership of a 1962 Chevrolet Impala (VIN: 21847F302808) and in support thereof respectfully avers: 1. John C. Armstrong is an adult individual current residing at 315 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. John C. Armstrong is requesting a Declaration of Ownership of a 1962 Chevrolet Impala (VIN: 21847F302808) (hereinafter referred to simply as the "Impala") which Mr. Armstrong obtained from his uncle, Paul Armstrong of 107 Pine Hill Road, Enola, Cumberland County, Pennsylvania 17025 over twenty years ago. 3. Recently on April 2, 2011, Petitioner, John C. Armstrong and his uncle Mr. Paul Armstrong appeared before a notary public and executed a bill of sale transferring all legal and equitable title of Mr. Paul Armstrong in the subject vehicle to the Petitioner, John C. Armstrong. (A true and correct copy of the Bill of Sale from Mr. Paul Armstrong to the Petitioner, John C. Armstrong is attached hereto, made part hereof and marked as Exhibit "A"). J q2.00 P b e#/ r -- //7" 4. Restated, Petitioner, John C. Armstrong, has had actual physical possession of the subject vehicle for more than twenty years. 5. The subject vehicle has not been registered or driven in since Mr. Armstrong acquired it and it is consequently in need of a full restoration. 6. Upon information and belief, the last titled owner of the Impala was Lloyd W. Smith, Jr. 7. The undersigned caused a search of the records to be conducted by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles on November 2, 2011 in which the Bureau returned a finding that Mr. Lloyd W. Smith, Jr. is still the owner of record for the Impala however the official record has been purged as the Impala's registration has not been renewed since approximately 1989. (A certified original of the November 2, 2011 Report is attached hereto, made part hereof and marked as Exhibit "B"). 8. There is no indication that there is anyone besides John C. Armstrong who claims ownership of this Impala. 9. John C. Armstrong 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. 10.A search of the United States Department of Justice's National Motor Vehicle Title Information System (NMVTIS) was performed on November 2, 2011 and the search returned that the subject vehicle was not found in the NMVTIS database. (A true and correct copy of the November 2, 2011 NMVTIS search results are attached hereto, made part hereof and marked as Exhibit "C"). 11.A search of the National Insurance Crime Bureau (NICB) VINCheck database was performed on November 2, 2011 and returned that the subject vehicle has not been identified as a vehicle listed in the VINCheck Theft Records or the VINCheck Total Loss Records. (A true and correct copy of the November 2, 2011 NICB search results are. attached hereto, made part hereof and marked as Exhibit "D"). 12. The failure to be able forward a Certificate of Title to Penndot for processing does not operate to prevent the transfer of ownership of the vehicles herein. Dept of Transp. v. Walker, 584 A.2d 1080 (Pa. Commw. Ct. 1990). 13. The primary function of certificates of title to automobiles have always been, and are still, to register the name and address of the person having the present right of possession, and to furnish persons dealing with one in possession of a car a means of determining whether such possession was prima facie lawful. Braham & Co. v. Steinard-Hannon Motor Co., 97 Pa. Super. 19, 23 (1929) See also Dept of Transp. v. Walker at 1082. 14. The entire action is largely procedural and administrative, as pursuant to 13 Pa. C.S.A. 2401(2), Petitioner, John C. Armstrong and his uncle Mr. Paul Armstrong, took all steps necessary to transfer ownership of the vehicles identified herein to Petitioner, John C. Armstrong, by the aforementioned bill of sale in April 2010. See Semple v. State Farm Mut. Auto. Ins. Co., 215 F.Supp. 645 (E.D. Pa. 1963). 15. John C. Armstrong waives the requirement of a hearing and consents to this Honorable Court granting the relief sought in this Motion without a hearing. WHEREFORE, John C. Armstrong, respectfully request that this Honorable Court declare that John C. Armstrong is the owner of the 1962 Chevrolet Impala (VIN: 21847F302808). Respectfully Submitted, Date: an/? 6t.') J4,4- Bryan . Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Commonwealth of Pennsylvania County of Cumberland Bill of Sale On this day of - ' I , 2011 , before me ? i h6o'alt the undersigned officer, personally appeared Pa"t fi and the Seller(s) and ?n +1 [? lL--?rlY1$ri and. the Purchaser(s) for the following vehicle: Year:1 a - Make: (,1 1.1/ Yb Model: ?( - VIN: L/ G Price: $--tlil 0 known to me (or satisfactorily proven) to be the persons whose names are subscribed to within the instrument, and acknowledged that they executed the same for the purposes therein contained. Seller: ?!? C?JLX P Purchaser: In witness whereof, I hereunto set my hand and official seal. No y Public COMMONWEALTH OF PENN! NOTARIAL SEAL LISA ANN HIGHLANDS SILVER SPRING TWP., CUMBERLAND COUNTY "Y IOMI NSSION EXPIRES AUGUST 20, 2013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 11/02/11 10:51 BRYAN W SHOOK ESQ 2132 MARKET ST CAMP HILL PA 17011-0000 CERTIFICATE 8 ATTESTATION 113061183000033 001 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. IN 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 42, PA. Consolidated Statutes. BARRY J. SCHOCH, P.E. 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: 31997489 VIN : 21847F302808 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 11/02/11 10:51 PAGE 1 113061183000033 001 OWNER : LLOYD W SMITH JR 325 N PENN STREET YORK PA 17404 TITLE NUMBER 31997489 TAG NUMBER VIN 21847F302808 MAKE CHEVROLET MODEL RENEWAL WID PREVIOUS TAG TGM713 LIENS NO STOPS NO LESSEE : NONE TITLE DATE : 06/01/83 REGISTRATION EXPIRY DATE: BODY TYPE CP ODOMETER READING 200,000* *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1962 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 5:00 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 V,t.-S'a`e V(,,-;c;e Zeport(NMVTiS) NWI !$ro, s.. Vial 21847-302808 NOTfound i ,Cer ,-tU: .t8?7 .:?30t+ Sea -c h 2. Tel ms of Use _...., . 3. Billing Informati on R--d Not Found No Zw cr i v is ?oono- Tf'voa -is to conii l-, please enter a new -4 atc+e and , kv .. .` ear,:W . Exit Application allk 0 10 No Record Found Unfortunately, no matching record was found in the NMVTIS database. Page 1 of 1 Please check the VIN you entered for possible errors. If the VIN is correct.. this vehicle may be titled in a state not reporting to NMVTIS. View a map of participating states. If a slate; salvage yard or insurer does not report a vehicle to the federal database, no report will be available. Even though this VIN is not in the National Motor Vehicle Title Information System {NMVTISi. it does not mean that this vehicle is free of damage, title brands or other problems. NMVTIS data comes from multiple sources, but the absence of a report is not an assurance of a vehicles condition Before purchasing a vehicle, check all available sources for information. Remember, even a "clean" vehicle history report does not guarantee that a vehicle is problem-free. It's always a good idea to take a vehicle to an independent mechanic to have it checked for evidence of accidents or damage. We apologize that we are unable to provide you with a vehicle report for this VIN To begin another search, enter a new VIN in the search box to the left. https://apps.add 123.com/NmvtisPpiWeb/NmvtisPpi Web.html?vin=+21847F302808&sub... 11/2/2011 V;; ' ;ec'c Nice, aatii?hAt tcAtf iCSRdl(T 8tlpCAU Fraud Soilutlon5 < e:m? ?t4:'t and 'rr,7 vd ,.,vaarenes., ? vL:"dCheck VINCheeksm k-Wt:; f<, VIN: 21847F362a08 ! c3 Print this Page .......... VINChecks" Theft Record 21847F302808 has not been identified as a vehicle listed in the VINChecks" Theft Records. VINChecks" is updated regularly as additional information is reported. VINChecks" Total Loss 21847F302808 has not been identified as a Record vehicle listed in the VINChecks" Total Loss Records. VINCheck'l" is updated regularly as additional w?caa "ea*s?n wan information is reported. further information is available through Carfax . An additional source for vehicle history data can be found on the National Motor Vehicle Titling Information System (NMVTIS) Web site by clicking here. The National Insurance Crime Bureau (NICB) has access to a database of vehicles which were reported as stolen within the past five years and remain unrecovered or declared as salvage. This information is being made available, free of charge, as a public service to consumers. This database contains a "salvage" file and an "insurance theft" file which is the information VINCheck searches during queries. The terms "total loss" and "salvage" are not synonymous in the insurance industry and that is important to understand when using VINCheck. Not all vehicles identified as a total loss will become salvage. A salvage determination is made by individual insurance companies based on individual company policies and applicable state taw. • The NICB has not independently verified the information in the database and cannot, therefore, vouch for the accuracy of this information. • There are many other vehicles which have been reported as stolen which are not included in this database. • There are also many other vehicles which are total losses or salvage which are not included in this database. • it is possible that a vehicle was incorrectly reported as having been stolen, or was stolen and recovered, but has not removed from this database. • It is possible that a vehicle was incorrectly reported as salvage and has not been removed from this database. It is also possible that there are vehicles with duplicate VINS and/or VINS incorrectly entered. • If a vehicle is reported in this database as having been stolen, but not recovered, you should verify with the NICB or your local law enforcement agency that a stolen vehicle report is active before taking any action regarding the vehicle. By checking a VIN against this database, you agree to not hold the NICB, its i employees, Board of Governors, Members, agents or any other entity which provided this information to NICB, liable for any reason as a result of your use of this information including, but not limited to, if the information proves to be inaccurate. I. In order to continue with your inquiry as to whether a VIN is in the database, you must agree to and accept these Terms and Conditions of Use. The NICB VINCheck database is made possible through the cooperation of participating NICB members, To view a list of those members, please click here. https://www.nicb.org/theft_and_fraud_awareness/vincheck Page I of 2 USER ID: PASSWORD: k s Not - to Demme a members-only use' %orgot your ID or pasSword? About VINChecks" Don't let the vehicle you checked become a statistic - Learn how to protect it from crafty car thieves Special Thanks The NICB VINCheck database is made possible through the cooperation of participating NICB members. View a list of those members. 11/2/2011 NICB's VINCheck is a service provided to the public to assist in determining if a vehicle has been reported as stolen, but not recovered, or has been reported as a salvage vehicle by cooperating NICE members. To perform a search a Vehicle Identification Number (VIN) is required. A maximum of five VINCheck searches can be conducted within a 24 hour period. VERIFICATION I, John C. Armstrong, 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: / * 01 /ao/j J hn C. Armstrong t't SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE. Sheriff OF THE PROTHONOTARY t,<<,, A i(Ir7(Ir ,, Jody S Smith 2011 DEC 22 PM 2• 23 Chief Deputy CUMBERLAND COUNTY Richard W Stewart Solicitor PENNSYLVANIA In Re: Ownership of 1962 Chevrolet Impala (Vin 21847F302808) vs. Lloyd W. Smith, Jr. Case Number 2011-8938 SHERIFF'S RETURN OF SERVICE 12/05/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lloyd W. Smith Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Petition for Declaration of Ownership according to law. 12/13/2011 08:11 AM - York County Return: And now December 13, 2011 at 0811 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Petition for Declaration of Ownership, upon the within named defendant, to wit: Lloyd W. Smith Jr. by making known unto Donna Smith, Wife of Defendant at 2950 Lewisberry Road, York, Pennsylvania 17404 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 December 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ici Coun't,Suite Sheriff, Teleosoft, inc SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration IN RE: OWNERSHIP OF 1962 CHEVROLET IMPALA (VIN: 21847F302808) Case Number vs. 11-8938 CIVIL LLOYD W. SMITH, JR. SHERIFF'S RETURN OF SERVICE 12/13/2011 08:11 AM - DEPUTY JUSTIN KOLLER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED PETITION & ORDER (PET & ORD) AND RULE TO SHOW CAUSE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DONNA SMITH, WIFE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR LLOYD W. SMITH, JR. AT 2950 LEWISBERRYRD, YORK, PA 17404. 4?? JUSTIN KOL R, DEPUTY SHERIFF COST- $34.10 December 14, 2011 SO ANS ERS, JL? RICHARD P EUERL BER, SHERIFF - - ------ - ----- --------- -- - ---- --- - --------- --------- NOTARY Affirmed and subscribed to before me this 14TH day of DECEMBER 2011 1 :,OuIIty S u;te Sneriff. TeIeosot !:.,. LISA L, THC- NCTARY PUBLIC CITY Or 1 r,:±•; YORK COUNTY MY COMMIS ":?. EvetRES AUG, 12, 2013 Supreme Court'Of Tennsylvania Court of Commo nTleas Civil Cover Sl et CUMBERLAND County For Prothonotary Use Only: Docket No: - Ll - - alvi Z_ The in1brnurtion collected on this form is used solely.for court administration purposes. This form does 11ot supplement or replace the frling and service of pleadings or other papers as required bt, law or rules ofcourt. A Commencement of Action: El Complaint © Writ of Summons Petition ® Trar-sfer from Another Jurisdiction E] Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: IN RE: 1962 CHEVROLET IMPALA (VIN: 21847F302806 Are money damages requested? Yes No Dollar Amount Requested: Elwithin arbitration limits (check one) outside arbitration limits Is this a Class Action Suit? Yes 0 No Is this an MDJAppeal? ? Yes ll No Name of Plaintiff/Appellant's Attorney: Bryan W. Shook, Esquire (203250) - 2132 Market Street, Camp Hill, PA 17011 El Check here if you have no attorney (are a Self-Represented (Pro Sep Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I 0 N B TORT (do not include Mass Tort) D Intentional Malicious Prosecution Motor Vehicle 0 Nuisance Premises Liability Product Liability (does not include mass tort) Slander/Libel/ Defamation Other: MASS TORT Asbestos Tobacco Q Toxic Tort - DES Toxic Tort - Implant Toxic Waste Other: PROFESSIONAL LIABILITY Dental Legal Medical Otter Professional: CONTRACT (do not include Judgments) El Buyer Plaintiff Debt Collection: Credit Card Q Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other Other: REAL PROPERTY Ejectment Eminent Domain/Condemnation Ground Rent Landlord/Tenant Dispute E] Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition Quiet Title Other: CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections Dept. of Transportation Statutory Appeal: Other Zoning Board Other: MISCELLANEOUS Common Law/Statutory Arbitration Declaratory Judgment 0 Mandamus 0 Non-Domestic Relations Restraining Order © Quo Warranto 0 Replevin 0 Other: Petition for Declaration of Ownership of Motor Vehicle Updated 1/1/2011