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HomeMy WebLinkAbout13-1746 Supreme Co nnsylvania Con Cail> o leas For Prothonotary Use Only: 11f t Docket No: CU [Ab County1 The h?forntation collected on this form is u'-ed solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required hi,law or rules of court. Commencement of Action: a Complaint [3 Writ of Summons Petition S E3 Transfer from Another Jurisdiction 0 Declaration of Taking E'' Lead Plaintiff's Name: Lead Defendant's Name: C 1 AACA MUSEUM, INC. Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? 0 Yes El No (check one) Doutside arbitration limits N Is this a Class Action Suit? d Yes IT No Is this an MDJAppeal? E] Yes D No A i Name of Plaintiff/Appellant's Attorney: Bryan W Shook Esquire(ID#203250)2132 Market St Camp Full PA 17011 i l..__ Check here if you have no attorney (are a Self-Represented (Pro Sel Litigant) � I 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. , TORT(do not include Alass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ; El Debt Collection.:Credit Card 0 Board of Assessment 0 Motor Vehicle I [] Debt Collection:Other 0 Board of Elections Nuisance _ _ — Dept.of Transportation Premises Liability — _— _ Statutory Appeal:Other S Product Liability (does not include mass tort) I 0 Employment Dispute: Slander/Libel,`Defamation Discrimination C 0 Other: III Employment Dispute:Other 0 Zoning Board -- ----- .- —-- - Other: _ Other: — —-- o MASS TORT Asbestos N; Tobacco ---- — i --- Toxic Tort-DES Q Toxic Tort-Implant F13 EAL PROPERTY MISCELLANEOUS Toxic Waste Other; � Ejectment ®Common Law/Statutory Arbitration _ _ — ! [3 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus i 0 L.andlord/Tenant Dispute Non-Domestic Relations — I Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY IIII [3 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 3 0 Partition 0 Replevin © Legal 0 Quiet Title El Other: 0 Medical 0 Other: Petition for Declaration of 0 Other Professional: _ _ _ _ _ Ownership of donate vehi L Updated 11112011 1, T nil PEINNSYL�7 � Bryan W.Shook,Esquire ID#203250 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 BShook@dpIglaw.com Attorney for AACA Museum,Inc. IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1910 SCHACHT : CUMBERLAND COUNTY, PENNSYLVANIA TOURING ROADSTER (Identification Number 1195) : No: 2013- 17`f!o - CIVIL TERM 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford St. CARLISLE, PA 17013 (717) 249-3166 G Bryan W.Shook,Esquire ID#203250 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 BShookAdplglaw.com Attorney for AACA Museum,Inc. IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1910 SCHACHT : CUMBERLAND COUNTY, PENNSYLVANIA TOURING ROADSTER (Identification Number 1195) : No: 2013- - CIVIL TERM PETITION FOR DECLARATION OF OWNERSHIP AND NOW comes the AACA Museum, Inc., who petitions this Honorable Court, pursuant to 42 Pa. C.S. § 7531, et seq. for a Declaration of Ownership of a 1910 Schacht Touring Roadster automobile (Vehicle Identification Number: 1195) sufficient to permit the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles to issue a Certificate of Title to the aforementioned motor vehicle in the name of AACA Museum, Inc. and in support thereof respectfully avers: 1. Your Petitioner is the AACA Museum, Inc., a Pennsylvania non-stock, not for profit, corporation with its principal offices and place of business being located at 161 Museum Drive, Hershey, Dauphin County, Pennsylvania 17033. 2. The AACA Museum, Inc. is requesting a Declaration of Ownership relative to a certain 1910 Schacht Touring Roadster automobile (Vehicle Identification Number: 1195) (hereinafter sometimes referred to simply as the "automobile") which was so graciously donated to the AACA Museum, Inc. by David H. Balthaser by on December 27, 1995. (A true and correct copy of the December 27, 1995 receipt of donation to the AACA Museum, Inc. is attached hereto, made part hereof and marked as Exhibit "A"). (A true and correct copy of a May 27, 1996 confirmatory letter from Mr. Balthaser to the AACA Museum, Inc. is attached hereto, made part hereof and marked as Exhibit "B"). 3. Venue is proper in this county as Petitioner, AACA Museum, Inc. consistently does business in Cumberland County through its participation with Auctions America by RM and Carlisle Events' productions at the Carlisle Fairgrounds and the vehicle in question may be deaccessioned in Cumberland County. 4. At the time the vehicle was donated to the AACA Museum, Inc., it was owned by David H. Balthaser. 5. The AACA Museum, Inc., 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. (The undersigned filed a form DL135 with Penndot on March 1, 2013 whereupon Penndot returned a finding that the subject vehicle could not be located in their records. Penndot was unable to issue a certificate and attestation to this effect because the numbers 1195 do appear in approximately 20 vehicle record listings and any certificate and attestation would include information not pertinent to the subject vehicle and include private information about other vehicles.) (See Exhibit "C") 6. Pennsylvania first started issuing Certificates of Titles to Motor Vehicles in 1923 by Act of May 24, 1923, P. L. 425. 7. Upon information and belief, the subject automobile was never issued a Certificate of Title from the Pennsylvania Department of Transportation or its predecessor the Registrar of Motor Vehicles, Department of Highways. 8. With respect to these types of actions, the undersigned, on December 22, 2010, contacted Matthew Haeckler, Esquire, Assistant Counsel for Commonwealth of Pennsylvania, Department of 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. 9. There is no indication that there is anyone besides the AACA Museum, Inc. who claims ownership of this 1910 Schacht Touring Roadster automobile. 10.The subject vehicle has been in the custody of the AACA Museum in Hershey, Pennsylvania for over fifteen years. 11.The AACA Museum opened in late June, 2003 and the subject vehicle has been publically displayed, on and off, ever since. 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 vehicle 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), AACA Museum, Inc. and Mr. Balthaser, took the steps necessary to transfer ownership of the automobile as between themselves as outlined more specifically on the attached donation receipt and confirmatory letter. See Semple v. State Farm Mut. Auto. Ins. Co., 215 F.Supp. 645 (E.D. Pa. 1963). 15.The entering of a declaration of ownership in this case would serve to permit AACA Museum, Inc. to lawfully title, register and enjoy this antique automobile and would terminate and end any controversy or uncertainty of ownership which may come from having possession of or otherwise owning an untitled automobile. WHEREFORE, AACA Museum, Inc. respectfully requests that this Honorable Court declare that AACA Museum is the owner of the 1910 Schacht Touring Roadster automobile (Vehicle Identification Number: 1195). n Respectfully Submitted: Date: A 2: H 2013 . '-/� Brya . Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook _dplglaw.com VERIFICATION I 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 f7y: C o authorities. Date: h -o' 774.M-� Title: AACA M eum, I c. /�G� �� r'1/�.� !5' rte✓ i`7��. AIN r RAMADA Tel. 410-266-31131 600-351-0209 AL r i3 {, Antique Automobile Club of America 27 May 1996 Museum Inc. Box 234 Hershey, Pa. 17 033 Mr. William H. Smith; 1 , David Balthaser donate the 1908 SCHACHT serial number 1195 to the Antique Automobile Club of America Museum so that others may enjoy another piece of automotive history. David H. Balthaser Box 1 Virginville,Pa f- --SOL-W pennsytvania DEPARTMENT OF TRANSPORTATION March 5, 2013 Mr. Bryan W. Shook 2132 Market Street Camp Hill, PA 17011 Dear Mr. Shook: I am writing in regard to your request for a letter of verification concerning vehicle identification number 910 Schacht. PennDOT records indicate that the above mentioned vehicle was never registered. Should you require any additional information, please contact me at(717) 783-6582. Sincerely, j 6 1 r-96- Sudha Singh Customer Service Representative Bureau of Motor Vehicles 7. Bureau of Motor Vehicles 1 1101 South Front Street I Harrisburg, PA 17104 IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1910 SCHACHT : CUMBERLAND COUNTY, PENNSYLVANIA TOURING ROADSTER (identification Number 1195) : No: 2013- - CIVIL TERM Certificate of Service I hereby certify that a copy of the foregoing Petition, was hereby served by depositing the same within the custody of the United States Postal Service, Certified First Class, postage prepaid, return receipt requested, addressed as follows: David H. Balthaser P.O. Box 1 Virginville, Pennsylvania 19564 Certified Mail # 7012 1640 0002 1546 8841 Respectfully Submitted: 2 Date: o 013 Bryamlk Shook, Esquire I D #203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShookO-dplglaw.com IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1910 SCHACHT : CUMBERLAND COUNTY, PENNSYLVANIA TOURING ROADSTER (Identification Number 1195) No: 2013- 171�1, - CIVIL TERM ORDER AND NOW, this the day of 2013, upon consideration of the Petition of the AACA Museum, Inc. for a declaration of ownership of a certain 1910 Schacht Touring Roadster which was donated to them by David H. Balthaser, P.O. Box 1, Virginville, Pennsyvlania, the Court hereby awards exclusive ownership of one 1910 Schacht Touring Roadster (Vehicle Identification Number: 1195) to AACA Museum, Inc. 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. AACA Museum, Inc. 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 Certificate of Title. BY COURT: J. C) 9STRIBUTION LEGEND: M an W. Shook, Esquirei-- , 2132 Market Street a Camp Hill, Pennsylvania 17011 (717) 975-9446 �� avid H. Balthaser P.O. Box 1 ( �; Virginville, Pennsylvania 19564