HomeMy WebLinkAbout13-1748 Supreme Co ennsylvania
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Commencement of Action:
S [3 Complaint E3 Writ of Summons Petition
E 13 Transfer from Another Jurisdiction Declaration of Taking
C Lead Plaintiff s Name: Lead Defendant's Name,
AACA MUSEUM, INC.
T
Dollar Amount Requested: Swithin arbitration limits
Are money damages requested? Yes No (check one) [;outside arbitration limits
N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? Yes El No
A Name of Plaintiff/Appellant's Attorney: Bryan W. Shook, Esquire(ID#203250)2132 Market St Camp Hill PA 17011
0 Check here if you have no attorney (are a Self-Represented IPro Sel Litigant)
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PRIMARY CASE. If you are making more than one type of claim,check the one that
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TORT(do not include Mass Tort) CONTRACT(do not include.Judgments) CIVIL APPEALS
Intentional [I Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection:Credit Card [3 Board of Assessment
Motor Vehicle Debt Collection:Other 0 Board of Elections
E3 Nuisance _ i Dept.of Transportation
Premises Liability _ Statutory Appeal:Other
Product Liability (does not include _
E mass tart) Employment Dispute: 4 _'
® Slander/Libel/Defamation Discrimination
C Other: Employment Dispute:Other Zoning Board
• ' — ---- — --- D Other:
Other: —_.-
o MASS TORT
Asbestos _
[ Tobacco _
Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
Other: [3 Ejectment [3 Common Law/Statutory Arbitration
E3 Eminent Domain/Condemnation [3 Declaratory Judgment
— -- [3 Ground Rent Mandamus
E3 Landlord/Tenant Dispute Non-Domestic Relations
Q Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto
Q Dental ® Partition E3 Replevin
[3 Legal 0 Quiet Title Other:
Medical E] Other: Petition for Declaration of
Other Professional: _-- I �� _ J� _ wnership o donated vehi
Updated 11112011
PENNSYLVA W
Bryan W.Shook, Esquire
ID#203250
2132 Market Street
Camp Hill,Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
BShook(&dr)lglaw.com Attorney for AACA Museum,Inc.
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1948 HIGGINS TRAILER : CUMBERLAND COUNTY, PENNSYLVANIA
(Identification Number 4915)
: No: 2013- 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
Bryan W.Shook,Esquire
ID#203250
2132 Market Street
Camp Hill,Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
BShook(aWplglaw.com Attorney for AACA Museum, Inc.
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1948 HIGGINS TRAILER : CUMBERLAND COUNTY, PENNSYLVANIA
(Identification Number 4915)
: 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 1948
Higgins Trailer (Vehicle Identification Number: 4915) 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 1948 Higgins Trailer (Vehicle Identification Number: 4915) (hereinafter
sometimes referred to simply as the "trailer") which was so graciously donated to
the AACA Museum, Inc. by Harold Rolf Noer, III by on June 27, 2008. (A true
and correct copy of the June 27, 2008 Deed of Gift, Inc. is attached hereto, made
part hereof and marked as Exhibit "A").
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
Harold Rolf Noer, III.
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.
6. Mr. Noer caused a search of the records of Maryland to be performed whereupon
Mr. Noer returned that Maryland has no record of ever issuing this particular
travel trailer a Certificate of Title.
7. It is believed that Mr. Noer's parents had, at one time, obtained a Certificate of
Title from Maryland for the subject trailer however said title has been lost and
cannot be found.
8. It is further believed that the original owner of this trailer was either the National
Park Service or its director, Newton B. Drury.
9. 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.
10.There is no indication that there is anyone besides the AACA Museum, Inc. who
claims ownership of this 1948 Higgins Trailer.
11.The subject vehicle has been in the custody of the AACA Museum in Hershey,
Pennsylvania for nearly five years.
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 trailer herein. Dept
of Transp. v. Walker, 584 A.2d 1080 (Pa. Commw. Ct. 1990).
13.The primary function of certificates of title to automobiles and by extension
trailers 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. Noer, took the steps necessary to
transfer ownership of the trailer as between themselves as outlined more
specifically on the attached deed of gift. 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 travel trailer
and would terminate and end any controversy or uncertainty of ownership which
may come from having possession of or otherwise owning an untitled trailer.
WHEREFORE, AACA Museum, Inc. respectfully requests that this Honorable Court
declare that AACA Museum is the owner of the 1948 Higgins Trailer (Vehicle
Identification Number: 4915).
Respectfully Submitted:
Date: A a; 013 C(,J, J/�'
Bryan W Shook, Esquire
ID # 203250
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
BShook _dplglaw.com
Attorney for AACA Museum, Inc.
161 Museum Dr.
Hershey, PA 17033
Phone: 717-566-7100
*seum' Fax:('c 717-56um.org
www.aacamuseum.org
Antique Automobile Club of America Museum
Amd al Aar 94ekwe
to
AACA MUSEUM, Inc.
Be It Known That:
Harold Rolf Noer III
Name of Donor
6116 Elaine Drive,Jefferson,MD 21755
Address of Donor
Hereby grant unto the AACA MUSEUM, Inc., hereafter"Museum," all my right, title and interest in and to the
object(s) described herein, and hereby unconditionally waive all of my present or future rights in, to or over
the described object(s), its use or disposition. I expressly warrant that I have sole free, clear and
unencumbered title in and to said object(s), and that I have authority to make this gift. I understand that the
Museum, a non-profit Pennsylvania corporation, accepts this gift without any obligation or condition that the
object be exhibited, either temporarily or permanently, or that the Museum keep it permanently. The
Museum may restore, reconstruct, refurbish or repair any part of this gift. I further grant to the Museum all
rights of reproduction, publication, copyright, or such other intellectual property rights that I may have in
said property.
The property that is subject to this Deed of Gift is described as follows:
Camping Trailer,manufactured by the Higgins Industries, circa 1950,trailer features an aluminum body
with foldout sides; built-in ice cooler at front; period jeep wheelshires on steel axle and mounting
hardware; Higgins data plate at front by yoke; top supports and awning poles with trailer; canvas top is
missing; some modifications, such as back and side lights; trailer is otherwise complete and original;
overall condition is good, but will need some restoration for exhibition purposes.
Title and family photographs or slides showing vehicle in use to follow.
I have read and fully understand the Deed of Gift Provisions attached hereto, and I agree that my gift shall be subject to
said provisions in all respects. This gift is being made pursuant to my historical interest in and appreciation for the work
of the AACA MUSEUM, Inc.
Donor Release Signature: e °
Date
Received for the AACA Museum by:
Printed nam Title
DEED OF GIFT PROVISIONS
Acceptance of gifts by the AACA MUSEUM, Inc. is subject to the following:
1. The value of the gift may be deductible from taxable income in accordance with and limited by the
provisions of the Federal Income Tax laws. The Museum assumes no responsibility for the
valuation of a donation received or for obtaining any required appraisals,each of which are the sole
responsibility of the donor.
2. Title to all objects acquired for the collections must be obtained free and clear, without restrictions
or conditions as to use or future disposition. Donor shall assume all risk of loss or damage to the
property up to the time of its delivery to the Museum or designated Museum storage site.
3. The Museum maintains three types of collections. The Museum will attempt to designate the
disposition of the gift at the time of receipt of the donation; however, the Museum will not
guarantee that the gift will always retain a particular designation or that the categories of designated
gifts will not be changed.
A. ACCESSIONED:
1. EXHIBIT COLLECTION:Relation directly to the Museum's purpose and of the
finest quality available;used for exhibit and research.
2. STUDY COLLECTION:Worn or duplicate items of significant historical value
used for teaching,study,or loan,and falling within the Museum's purposes.
B. NON-ACCESSIONED:
1. MATERIAL COLLECTION:Of a documentary nature with little intrinsic value,
used for references purposes, or items of an expendable nature,subject to
modification,for operational use or for use as exhibit support material.
4. Objects in the accessioned collections will be retained permanently if they continue to be relevant
and useful to the purposes and programs of the Museum, and if they can be properly stored,
preserved and used. In no event, shall objects donated to the AACA Museum subject to the
provisions of Section 501.c.3 of the U.S.Internal Revenue Services Code be disposed of sooner than
a twenty-four(24) month period after receipt unless otherwise provided for in the provisions of
Section 501.c.3 of the U.S. Internal Revenue Services Code. The Collections Management
Committee will determine, with the approval of the Board of Directors, which objects are to be de-
accessioned.Disposal may be through exchange,donation or sale.
5. Because of limited gallery space and the policy of changing exhibits, the Museum cannot promise
the permanent display of any object.
Donor Must Initial After Reading This Page �'" Date_ f1 --7 ��
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 falsification to authorities.
SLDate: O 6,,43
Title:
AACA Museum, Inca
IN RE: OWNERSHIP OF IN THE COURT OF COMMON PLEAS
1948 HIGGINS TRAILER CUMBERLAND COUNTY, PENNSYLVANIA
(identification Number 4915)
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
Mail, First Class, postage prepaid, return receipt requested addressed as follows:
Harold Rolf Noer, III
6116 Elaine Drive
Jefferson, Maryland 21755
Certified Mail # 7012 1640 0002 1546 8865
Respectfully Submitte
Date: Ale'?
BryaMW Shook, Esquire
ID # 203250
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
BShook(@-dplqlaw.com
• LI
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1948 HIGGINS TRAILER : CUMBERLAND COUNTY, PENNSYLVANIA
(Identification Number 4915)
No: 2013- ILI - CIVIL TERM
ORDER
AND NOW, this the /~ day of e"07 2013, upon
consideration of the Petition of the AACA Museum, Inc. for a declaration of ownership of
a certain 1948 Higgins Trailer, which was donated to the AACA Museum, Inc., on June
27, 2008 by Harold Rolf Noer, III, the Court hereby awards exclusive ownership of one
1948 Higgins Trailer (Vehicle Identification Number: 4915) 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 THE COURT:
J.
D)STRIBUTION LEGEND:
,Aryan W. Shook, Esquire
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 975-9446 t Z-M-
�W'
/Harold Rolf Noer, III V , 1 -<> t,
6116 Elaine Drive
Jefferson, Maryland 21755
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