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Home My WebLink About12-2894IN RE: JOHN'S MOBILE IN THE COURT OF COMMON PLEAS OF REPAIR SERVICE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. DOCKET NO. ?J CASTAWAY FIBERGLASS POOLS, LLC, Respondent To: Castaway Fiberglass Pools LLC --? ' 1919 Pennsylvania Avenue, Lot 264 s- o C:) ; Vineland, NJ 08360 r ?r 7-4' NOTICE TO DEFEND 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 Complaint 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 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 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 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 x 2 v ???. IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. To: Castaway Fiberglass Pools 1668 South Delsea Drive Vineland, NJ 08360 NOTICE TO DEFEND 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 Complaint 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 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 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 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 David H. Martineau, Esquire Salzmann Hughes, P.C. Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a C.G PETITION FOR TITLE TO ABANDONED MOTOR VEHICLE AND NOW comes the Petitioner, John's Mobile Repair Service, Inc., by and through its counsel, Salzmann Hughes, P.C. and Petitions this Court to Order the transfer of title to an abandoned motor vehicle, in support of which, the Petitioner avers as follows: 1. The Petitioner is John's Mobile Repair Service, Inc., a Pennsylvania business corporation with its principal place of business located at 1511 East Commerce Avenue, Carlisle, Cumberland County, Pennsylvania 17015 (the "Shop"). 2. Respondent is Castaway Fiberglass Pools, a New Jersey limited liability company with an address at 1668 South Delsea Drive, Vineland, New Jersey 08360. 3. On or about February 23, 2010, John Lecacovpte, of Castaway Fiberglass Pools, LLC, brought a 2008 Ford F250 truck into the Shop for repair work to be performed by Petitioner. 4. The truck in question is a 2008 Ford F250, VIN No. IFDNF20508EC07297, New Jersey License Plate No. XK504M (the "Vehicle") 5. The Vehicle is registered to Castaway Fiberglass Pools, LLC a New Jersey limited liability company with an address at 1668 South Delsea Drive, Vineland, NJ 08360 as noted on the Registration Information Inquiry from the New Jersey Motor Vehicle Commission attached hereto as Exhibit "A" and incorporated herein by this reference. 6. The registration information provided on Exhibit "A" does not note any lien holders on the vehicle. 7. The Pennsylvania Department of Transportation has no records regarding the Vehicle as noted in the letter dated March 30, 2012 from the Department of Transportation attached hereto as Exhibit "B" and incorporated herein by this reference. 8. During the course of repairs, Petitioner determined that the Vehicle required a new engine. 9. Lecacovpte directed Petitioner not to conduct additional repairs or replace the engine and that he would pick up the Vehicle. 10. Despite repeated attempts to contact Lecacovpte, neither Lecacovpte nor anyone else from Respondent has paid the repair bill, storage bills and/or remove the Vehicle from the Shop property. 11. Petitioner made verbal demand that Lecacovpte pay the outstanding bill and remove the Vehicle from the Shop property on numerous occasions, including, but not limited to March 10, 2010, March 26, 2010, April 9, 2010, June 11, 2010, June 17, 2010, and July 19, 2010. 12. Petitioner sent written demand to Lecacovpte by United States Certified Mail, Return Receipt Requested, post marked January 30, 2012 and addressed to the address provided by Lecacovpte, which mailing was returned to Petitioner unclaimed. A true and correct copy of the envelope is attached thereto as Exhibit "C." A true and correct copy of the notice is attached as Exhibit "D." 13. In addition to attempts by the Petitioner, Trooper Hurley of the Pennsylvania State Police contacted Lecacovpte to advise him of his obligation to pay Petitioner's bill and to remove the Vehicle from the Shop property. 14. The cost of the repairs performed by Petitioner was Four Hundred Eighty-One Dollars ($481). 15. The cost of storage of the Vehicle at the Shop is Fifteen Dollars per day ($15/day). 16. As of the date of filing this Petition, the Vehicle has been stored at the Shop for seven hundred fifty-nine (759) days, at a cost of Eleven Thousand Three Hundred Eighty-Five Dollars ($11,385) and storage costs continue to accrue at the rate of Fifteen Dollars per day ($15/day). 17. Petitioner has made repeated verbal demands upon Lecacovpte to pay the outstanding bill due to Petitioner and remove the Vehicle from the Shop property. 18. As a result of the services provided, Petitioner has a common law possessory lien upon the Vehicle. See Associates Financial Services Company, Inc. v. O'Dell, 491 Pa. 1, 417 A.2d 604 (1980). 19. The value of the Vehicle, in its current condition, is less than the amount of Petitioner's lien. 20. Neither Lecacovpte nor anyone else from Respondent has expressed any intention to pay Petitioner's bill or to take possession of the Vehicle for a period in excess of one year. 21. Lecacovpte has made no attempt to contact Petitioner, to pay Petitioner's bill or to take possession of the Vehicle for a period in excess of one year. 22. Respondent's inaction demonstrates an intent to abandon the Vehicle. NOW, THEREFORE, in consideration of the foregoing, your Petitioner requests that this Honorable Court issue an Order granting Petitioner title to the above described Vehicle and directing the Pennsylvania Department of Transportation to issue a Certificate of Title to said Vehicle to Petitioner. Respectfully submitted, SALZMANN HUGHES, P.C. By: David H. Martineau, Esquire Attorney ID#84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 j (717) 249-6333 Date: May , 2012 Attorneys for Petitioner VERIFICATION I, JOHN A. CUNNINGHAM, JR., President of Petitioner, John's Mobile Repair Service, Inc., certify that the statements made in the foregoing Petition for Title to Abandoned Motor Vehicle are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0YA *OA. nnin am, Jr. ARRTL,351 REGISTRATION INFORMATION INQUIRY DATE: 04/09/2012 AUTOPIC: 16134 36760 83600 LAST TRAN NO: VL200813700000390 NAME: CASTAWAY FIBERGLASS POOLS STREET: 1668 SOUTH DELSEA DR CITY: VINELAND COUNTY: STATE: NJ ZIP: 03360 VIN: FDNF 20508 EC072 97 312 VIN PFX: 1 FUEL: 0 MAKE: FOR COLOR: WT MODEL: F25 TYPE: 09 YEAR: 2008 PAS/GVW/LEN: 07000 AXLES/PROP: 2 PLATE NO: XK504M REG CODE: 11 STATUS: A EXP DATE: 05 2009 LAST DASH: 00 RENEWED: 01 REF-IND: Y LEASED VEHICLE: N ISSUED: 01 PL TYPE: CM PIN: PF3--END P74-ADDITIONAL OWNERS PF6-NAME SEARCH PF7-PREVIOUS VEHICLE PF8-NEXT VEHICLE PF9-LEASE INFO PF11-CANCEL PF12-MAIN MENU 312 VEHICLE STOP NOTICE IN EFFECT NO RECORD OF RENEWAL EXHIBIT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 3/30/12 10:41 REFERENCE # 154180 JOHN A CUNNINGHAM JR 1511 E COMMERCE AVE CARLISLE PA 17015-0000 Dear Customer: 120900746000028 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 : 1FDNF20508EC07297 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 EXHIBIT 6 ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) Department of Transportation IN STATE 1-800-932-4600 Vehicle Record Services OUT-OF-STATE 717-412-5300 PO Box 68691 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 www.dot.state.pa.us pp- f ? N O m GJ k Z 3 ? 3 m m I ? io A ' O 3 0 r 3 m 'J C3 L-j C3 C3 fU 0 0 0 0 0 w E-' r0 Ln Ln 1 N ' 3 ? l c C10 C'Ill C, MY LF? UN% > N RtA' ,. Y -n ? A 00) t .may M L- o21pz >04 t moCi1< oo-4 to w Iv O ? EXHIBIT c? Ul a c v? O h-' C3 . JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVENUE • CARLISLE, PA 17015 www. j ohnsmobileservice. com john.cunningham@johnsmobileservice.com PHONE: (717) 245-0076 • FAX: (717) 245-0648 1/27/2012 ' THIS NOTICE IS TO BRING TO THE ATTENTION OF ALL PARTIES INVOLVED IN THE BELOW STATED VEHICLE. THE TRUCK HAS BEEN IN OUR POSSESSION SINCE 2/23/2010. AND IS STILL IN OUR POSSESSION. YOU HAVE BEEN NOTIFIED IN THE PAST VIA. PHONE AND BY OTHER AGENCIES TO THIS FACT. THE VEHICLE HAS BEEN COLLECTING STORAGE AND IS STILL COLLECTING STORAGE FEES AT A RATE OF 15.00 PER DAY. AND WILL CONTINUE UNTIL THE VEHICLE IS PICKED UP FROM OUR FACILITY. YOU WILL HAVE 10 DAYS FROM THIS NOTICE DATE TO RETRIEVE THE VEHICLE AND PAY IN FULL ALL CHARGES, OR THE VEHICLE WILL BE CONSIDERED ABANDONED AND DISPOSED OF. 2008 FORD F250 VIN# IFDNF20508ECO7297 TAG # XK504M SINCERELY YOURS: JOHN A. CUNNINGHAM JR. PRES. EXHIBIT CERTIFICATE OF SERVICE I, David H. Martineau, :Esquire, hereby certify that on this ? day of May 2012, I have served the foregoing Petition for Title to Abandoned Motor Vehicle by depositing the same in the United States Mail, by Certified Mail, Return Receipt Requested, addressed as follows: Castaway Fiberglass Pools, LLC 1668 South Delsea Drive Vineland, NJ 08360 Castaway Fiberglass Pools, LLC 1919 Pennsylvania Avenue, Lot 264 Vineland, NJ 08360 David H. Martineau IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, INC., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 12-2894 CIVIL TERM IN RE: PETITION FOR TITLE TO ABANDONED MOTOR VEHICLE ORDER OF COURT AND NOW, this 24 h day of May, 2012, upon consideration of the Petition for Title to Abandoned Motor Vehicle, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PETITIONER shall effect service of this Rule on all last known addresses of Respondent. David H. Martineau, Esq. 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 Attorney for Petitioner BY THE COURT, -0 Christylee L. Peck, J. 4r ;? r + n?. uI ,3V - 5... rc David H. Martineau, Esquire Salzmann Hughes, P.C. Attorney I.D. No. 84127 L Q_ 1v pil ? 354 Alexander Spring Road, Suite 1 : f Carlisle, PA 17015 - f r (717) 249-6333?,? f E sa IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO. 12-2894 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW comes the Petitioner, John's Mobile Repair Service, Inc., by and through its counsel, David H. Martineau, Esquire of the law firm of Salzmann Hughes, P.C. and files this Motion to Make Rule Absolute, in support of which, Appellants aver as follows: 1. On or about May 8, 2012, Petitioner filed a Petition for Title to Abandoned Motor Vehicle (the "Petition"). 2. The Petition requests that this Court issue an Order directing the Pennsylvania Department of Transportation to issue a vehicle title for a 2008 Ford F250 (the "Truck") to Petitioner. 3 The Truck has been abandoned on Petitioner's property for a period in excess of two (2) years. 4. This Court issued an Order dated May 24, 2012, in the form of a Rule to Show Cause why the relief requested in the Petition should not be granted. A true and correct copy of the May 24, 2012 Order is attached hereto as Exhibit "A" and incorporated herein by this reference. 5. The Rule was returnable within twenty (20) days after service upon Respondent. 6. Plaintiff served the Rule upon Respondent at the address to which the vehicle is registered and also upon the last known address of any officer of Respondent, a limited liability company, on May 29, 2012. 7. A certificate of such service is attached hereto as Exhibit "B" and incorporated herein by this reference. 8. As of the date of this Motion, Respondent has not responded to the Petition or to the Rule. WHEREFORE, Petitioner prays this Honorable Court to enter an Order making the Rule of May 24, 2012 absolute and issue an Order to the Pennsylvania Department of Transportation directing it to issue a motor vehicle title to the Truck in the name of Petitioner. Respectfully submitted, SALZMANN HUGHES, P.C. By: David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Dated: June 19, 2012 Attorney for Petitioner John's Mobile Repair Service, Inc. EXHIBIT "A" ORDER OF MAY 24, 2012 IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, INC., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 12-2894 CIVIL TERM IN RE: PETITION FOR TITLE TO ABANDONED MOTOR VEHICLE ORDER OF COURT r AND NOW, this 24`x' day of May, 2012, upon consideration of the Petition for Title to Abandoned Motor Vehicle, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PETITIONER shall effect service of this Rule on all last known addresses of Respondent. /Davi . Martinea u, Esq. xander Spring Road Carlisle, PA 17013 Attorney for Petitioner BY THE COURT r1w :X Fr c-n ' Christylee L. Peck J E5 < `- , . :rc EXHIBIT "B" CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 29, 2012, I served a true and correct copy of the Court's Order of May 24, 2012 upon the Respondent, Castaway Fiberglass Pools, LLC, by placing the same in the United States Mail, first class mail, postage pre-paid, addressed to the Respondent, as follows: Castaway Fiberglass Pools, LLC 1668 South Delsea Drive Vineland, NJ 08360 (Address to which vehicle is registered) and Castaway Fiberglass Pools, LLC 1919 Pennsylvania Avenue, Lot 264 Vineland, NJ 08360 (Last known address of any officer of Respondent) David H. Martineau CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, hereby certify that on this /% "clay of June 2012, 1 have served the foregoing Motion to Make Rule Absolute by depositing the same in the United States Mail, by Certified Mail, Return Receipt Requested, addressed as follows: Castaway Fiberglass Pools, LLC 1668 South Delsea Drive Vineland, NJ 08360 Castaway Fiberglass Pools, LLC 1919 Pennsylvania Avenue, Lot 264 Vineland, NJ 08360 David H. Martineau IN RE: JOHN'S MOBILE REPAIR SERVICE, INC., Petitioner V. CASTAWAY FIBERGLASS POOLS, LLC, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO. 12-2894 ORDER Y AND NOW, this --KY4L day of 2012, upon consideration of the Petitioner's Petition for Title to Abandoned Motor Vehicle Motion to Make Rule Absolute, it is ORDERED that after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 2008, Ford F250, bearing vehicle identification number 1FDNF20508ECO7297 to John's Mobile Repair Service, Inc., 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 Cej*fi c o rpr Title for said vehicle. C BE --Mc, BY THE COURT: ?? ^- ,. ?.. > 6as4 a -0a? rber k<< Pools -< - . tnv%d 14- /YlarnPau? A1GG