HomeMy WebLinkAbout13-1750 Supreme Co nnsylvania
Cou f1c6b,I1 leas For Prothonotary Use Only:
�t Docket No:
cU LA4b County -
The information collected on this form is used solely for court administration purl)oses. This form does not
supplement or replace the fling and service of"pleadings or other papers as required by law or rules ofcourt.
Commencement of Action:
0 Complaint E3 Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T AACA MUSEUM, INC.
Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? [I Yes El No
{check one} ®outside arbitration limits
0 '
Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? 0 Yes n No
A Name of Plaintiff/Appellant's Attorney: Bryan W. Shook, Esquire(ID#203250)J2132 Market St Camp Hill PA 17011
11 Check here if you have no attorney (are a Self-Represented IPro Sel 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.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
Intentional 0 Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisances _ _ Dept.of Transportation
0 Premises Liability ^� _u Statutory Appeal:Other
S 0 Product Liability (does not include
mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
C 0 Other: a Employment Dispute:Other ® Zoning Board
T — -- - _ 0 Other:
0 Other: -------
o MASS TORT _ —_-
11 Asbestos
N 0 Tobacco — 4 -
0 Toxic Tort-DES
E3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
® Other: D Ejectment 0 Common Law/Statutory Arbitration
0 Eminent Domain/Condemnation 0 Declaratory Judgment
-- — 0 Ground Rent Mandamus
— 0 Landlord/Tenant Dispute Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal I 0 Quiet Title n Other:
0 Medical Other: Petition for Declaration of
0 Other Professional: wnership o ovate vehi
Updated 11112011
, L tJ
Lr. 13 F�R -l; >��1 9 � 1
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F NI,g11YLVlk 1.1 I,61
Bryan W.Shook,Esquire
ID#203250
2132 Market Street
Camp Hill,Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
BShook(&dylglaw.com Attorney for AACA Museum, Inc.
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1958 INTERNATIONAL HARVESTER : CUMBERLAND COUNTY, PENNSYLVANIA
R185A TRACTOR
(Identification Number FD10909F)
: No: 2013- /750 - 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
BShook4_)dalalaw.com Attorney for AACA Museum,Inc.
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1958 INTERNATIONAL HARVESTER : CUMBERLAND COUNTY, PENNSYLVANIA
R185A TRACTOR
(Identification Number FD10909F)
: 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 1958
International Harvester R185A Tractor (Vehicle Identification Number: FD10909F)
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 1958 International Harvester R185A Tractor (Vehicle Identification
Number: FD10909F) (hereinafter sometimes referred to simply as the
"automobile") which was so graciously donated to the AACA Museum, Inc. by
YRC Worldwide, Inc., by their deed of gift dated March 30, 2013. (A true and
correct copy of the March 30, 2012 Deed of Gift from YRC Worldwide, Inc. to the
AACA Museum, 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
YRC Worldwide, Inc. as successor in interest to Roadway Express.
5. The subject vehicle was formerly a Roadway Express highway tractor and was,
upon information and belief, prominently displayed that the YRC freight terminal
at 100 Roadway Drive, Carlisle, Cumberland County, Pennsylvania for some
time prior to its donation to the AACA Museum, Inc.
6. YRC Worldwide, Inc. did not give AACA Museum, Inc. a certificate of title to the
tractor as they could not readily locate one.
7. The AACA Museum, Inc., is unable to obtain a title to the subject vehicle
because they do not possess sufficient documentation so as to permit Penndot to
issue a Certificate of Title in the name of the AACA Museum, Inc.
8. The AACA Museum, Inc. is without alternative but to petition this Honorable
Court for a declaration of ownership relative to the subject 1958 International
sufficient to permit Penndot to issue a certificate of title to the 1958 International
in the name of the AACA Museum, Inc.
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.A search of the United States Department of Justice's National Motor Vehicle
Title Information System (NMVTIS) was performed on March 1, 2013 and the
search returned that the subject vehicle was not found in the NMVTIS database.
(A true and correct copy of the March 1, 2013 NMVTIS search results are
attached hereto, made part hereof and marked as Exhibit "B").
11.A search of the National Insurance Crime Bureau (NICB) VINCheck database
was performed on March 1, 2013 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 March 1, 2013
NICB search results are attached hereto, made part hereof and marked as
Exhibit "C").
12.The undersigned caused a search of the records to be conducted by the
Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor
Vehicles on March 1, 2013 in which the Bureau returned a finding that no record
of the aforementioned vehicle exists in their files. (A certified original of the
March 1, 2013 Certificate and Attestation is attached hereto, made part hereof
and marked as Exhibit "D").
13.There is no indication that there is anyone besides the AACA Museum, Inc. who
claims ownership of this 1958 International Harvester R185A tractor.
14.The subject vehicle has been at the AACA Museum in Hershey, Pennsylvania for
nearly a year.
15.During the past year, the vehicle has, from time to time, been publically displayed
at the Museum.
16.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).
17.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.
18.The entire action is largely procedural and administrative, as pursuant to 13 Pa.
C.S.A. § 2401(2), AACA Museum, Inc. and YRC Worldwide, took the steps
necessary to transfer ownership of the truck 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).
19.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 1958 International Harvester R185A
Tractor (Vehicle Identification Number: FD10909F).
Respectfully Submitted:
Date: A J24; `/ Ol3 _ kd
Bryan W. Shook, Esquire
ID # 203250
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
BShook Adplglaw.com
Attorney for AACA Museum, Inc.
f >1 Mus wu iii-.
00
[1 711560 7300
be ii. ? zit;,�,n by"r ne e Fres;.nts Tha t
YRC WORLDWIDE INC.
1 aTnt of D. ),nor
10990 ROE AVWJE, OVERLr%t L PARS: KS 66211
Hle ';„:aii't Unti, inc',Aivd.f...i'"Metitw 1:j any tmglv' "?ti'. an ioterr,1i: in it`
dho .:3je=_t_srsuRwd{i'C:m, and htrc.Ib, "4"v"d.3te au of";"27'c pr-4' scl.i.of-futurc righl'i in, .o or
o t..i' the de.?:tyi"tJed oide;hs v&&e or d]is 7o.ittoii. ` .}:j,rt sl s ixarm rt.het 3 `,'lave sole hvq CE ar and
anvdiciinAxi cd ti fi in£slid t3 said object and that i hm-eaudiority to in S it'0 is gift, I utider eta od that the
N'Wseui'Ti.,a r orl-Pi`Lt R Pei'nsyMgnia ,orjX:s`atloda,accep-ts%hk,,gift Lvitj`iout any obligation or condition that
the objt ct be exhibited,either temporaH y or per_- anenti� or ehai the Museum keep it perti anendv.The
NUm;e unn may restore,reconstruct,refurbi4,or repair any pat c?f Mis giH. I i-#:tnUr yic=t V)the 1`dusetu'i2
ht of'iec.rE3Lt autivii, Publication,cup r hL'orK 5kwh oth c> ii-'wia<: ,tual prvpp: t- n!jat.s fb'ui r: 1 ave
in said property.
R 1,4: property that is iu jecz to this t.)c°td of t7;,#i.s tiesc .bed a.<sINIoNvs: ri)eso—ib€'the
Roadway Express Tractor and Trailer - see attached spec sheet
11,a`e r€:ac.a id frilly understand the Deed of Gift Provisions Etta Rigid a'a I agree Thai[rayy gift shah
be su")Ject to wait provisions in'Jij respeotti. This gilt is zero`,rnadc pursuant to my historical interest in
4 1(i IppreC-t rsn RT d---WOrk-of the j11(VA
i% t}:]'runs ns Wi IE k':F',9-F t have hcriniudo Gc.,j':`z i�• .l.�t.,Sij.�8;i?a�'-ilz t'Id.S,^. C 11 fj 1'V`t3I Md7'C`1__._.._..__._
1G
Mike Kelley, Jloeyre sd id _L _xtern�l A__�y-rs an oe:alf of YRC Worldwide Inc.
�,j tw v t helm m dd s 30th t, March ti "1. 1
> °. L
NC).
'A
N(v oori"mi otl
DEED 0FGIFT PROVISIONS
Accer tank;e .>f aitts by the rl'C t:;Z::? l!1l:lnca Board or Directors is subject to the following:
The vaiue:of the;;i.nt may be deductible`'om taxable iriccqne hi zccord'am;e%viih and timitect
by t`t°-P Covis:ious of the Fedcral lne;otrie Tt%laws.The Wj Sei.s.n3 asstunes£tit r'csj:on,,ib lity
10 r;, vatuabott of a tipnation ree;tiived or for obtawnin'.any reciuir d apprwtsals,each,f
vvh if.'1":are the st'i'r',responsibility of'tml
v'.
Title to ail,ob:e;:i acCill'a''-ed fo,the collectimis in:ast be il r$<4,St l i aad clear,`iti"oai
YvSt'=.EtUi1S or conditions,:ts to use or future dispositioi1.1'.7C'1nor snail assume all risk of loss
or i m :;se 14 1hz properry ilia to the time of its cell er i to 0%,,klus(r'm ur t es y o F:
... 'I he NI,-isL"f!.'sit maintains three types of collections,The Museum 6S'Ili atietTYl3t`tt_'�di.St�rY'r".iw
l - ,,.positi ut cif the Gift at the time,ofreccipt of the donation,howev.r,the Muscut �.,ti not guarantee
ti 33 01C :ifi;4'tll«IVVc2?rS retain a particular d.'si^giia'tion ort1Yat t'.Cie L<`ate OrieS Jfdetit hated gifts will w is be
i'C-,SS1C1tNED:
EXHIBIT LC)I.Lv -:`ION: Relation.dire th,�to tt't"iluseurn's purpose dvtu �rdl- i,)i ,
quahty available;usr.l for eKlub,t ans r->ewch,
C a:3Y CO' LLC l li;'.F:'a Worn or duplicate ate i e 1..of ign tican,hi;torizal ;1111 a,ed i€,
_. t-'a hin .sta dy,or, loan,tat:u Falling svithtn tl c P:lals'trra 5 )€irp Ogg S.
i.
NI ATFRLAL,COLL t`ION:Of a d€acumeritaty.nature a it;'i lh€ le u ml jb
referetices purposes,or items of ari expindabie iiiature.sltttlecl to IY'odificatiori,i tr
c*1\exafiunal use or fig use as cxhibit suPpart iviat ,,J;
,. {.°isjit'i 3a'3Il?_ur.�..5>-oiled C,olle-,,tiolls rail€u ret ablie•L"l'}'�CY'T?.?ia.C1,°.I>Cly iRiley co.i"itn,e tc)o) rtleva..lt Ft,�it.1.
u--ef0 to the 1.t rpos,'";S and pr'Q<..rams of the Museuiri,.air �if Ls'tc;1•'caii lire i"7ro(ply stored,preserved u d usciL
iri rtt t:l Crlt,shall objects doiiated to thY t"-+..i-'4,t,r"4 Mus.€m subjeci to ibe provisiciis of Sectii'?"1 501.c.3 of-14,E
f. .S. ;: wriia3
Revevwt Sery;c s Code be di -,f soom;than a twenty-mur(?>)rronth period after
Icce��)t i,nies's 0111erwise i}roviCled 6r€.i2 the provisions of Section 50 1_c.3 oftfit U.S. biternat
Code. Tht-':
Antique Roadway Express Tractor nndTrailer
atYRC Frei otitTcrmbm|
l00 Roadway Drive
Carlisle PA 17015
Description of Tractor:
° Vintage lV5U?International Harvester,single axle,road tractor powered by ocurhuneted. UHh-cyiinderiu|ioe
gasoline OHV engine coupled to a 5-speed manual transmission w/splitter.
* Tractor Model#Rl85A. Serial#FDl090F
w |42^wheel base
w MAX(3N,W. 24`000|bm�
° MAX{iC.W.45,000|ha.
w |0.300.4 miles showing oo the odometer
* Enainc Serial#RD45O85gl7
° Vehicle sports a two-tone paint scheme in heritage Roadway colors, GAV blue and Omaha orange, and displays
the"Roadway Express"logos(in both doors with required federal licensing
* Vehicle displays company unit#D62.along with uvintage ig50 Ohio truck license plate#8.C.240
^ Vehicle is equipped with 6 10.00 X 22 Bias,tube type tires. mounted on multi-piece rims and Dayton spoke
vhoeix
* Vehicle has air brakes
Description ofTrailer:
• l/6umge 19509 Fruehauf brand,single ux|c unihcr
• Model# 4617246661 SS528
• Serial#InAI4l|yg
• Trailer measurements
o 28' Long
o y6" Wide
o 12' }'^Height au the nose
• Trailer has a corrugated.stainless steel body with a curved nose, stairilesssteel swing doors.and a rnetal roof
• Trailer interior has m wood floor,wood wall liners,and wood scuff liners
• Trailer exterior sports the heritage"Roadway Express"logos
• Trailer displays company unit#763along with uvintage )950 Ohio Trailer license plate#qZ3I[il
• Trailer is equipped with 4- 10.00 x 20 bias,tube-type tires on multi-piece rinis and Dayton spoke wheels
• Trailer has air brakes
Page 1. of i
Subj: Antique
Date: 21+412012 11:53:61 A.M. Eastern Standard Time
From: i"tot~,ert.SmithQYRCFreight.corn
To UDCLASSICS cC.i??aol.corn
Harry-can you get the curator from AACA museum to e-mail me a letter expressing interest in the old
Roadway Truck and Trailer as a donation?1 think I can get things limed up now pretty quickly to moue
forward with this if I can confirm there is still interest. Thanks.
Robert B. Smith
YRC Freight
Office: 913.344.30601 Mobile: 913.660.8924 Fax: 913.905.3099
vW
UGHIr'
Sunday, February, 05, 2012 AOL: UDCLASSICS
Multi-State Vehicle Report (NMVTIS) Page 1 of 1
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
3/01/13
15:07
BRYAN W SHOOK ESQUIRE 130601132000110 003
2132 MARKET STREET
CAMP HILL PA 17011-0000
VIN : FD10909F
NO RECORD FOUND
CERTIFICATE & ATTESTATION
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.
/J C - 0uA,
BARRY J. SCHOCH, P.E.
SECRETARY OF TRANSPORTATION
I hereby attest that 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. In
compliance with your request, I certify that I have caused a search to be made
of the files of the Department of Transportation.
VIN : FD10909F
CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA.
Consolidated Statutes.
ANITA M. WASKO, DIRECTOR
BUREAU OF MOTOR VEHICLES
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.
Date: C� k 0/3
Y.
Title: C& h A re
AACA Museum, Inc.
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1958 INTERNATIONAL HARVESTER : CUMBERLAND COUNTY, PENNSYLVANIA
R185A TRACTOR
(Identification Number FD10909F)
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:
YRC Worldwide, Inc.
10990 Roe Avenue
Overland Park, KS 66211
Certified Mail # 7012 1640 0002 1546 8889
Respectfully Submitted:
Date: o?
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
IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS
1958 INTERNATIONAL HARVESTER : CUMBERLAND COUNTY, PENNSYLVANIA
R185A TRACTOR
(Identification Number FD10909F)
: No: 2013- PS - CIVIL TERM
ORDER
AND NOW, this the � day of M , 2013, upon
consideration of the Petition of the AACA Museum, Inc. for a declaration of ownership of
a certain 1958 International Harvester R185A tractor, which was donated to the AACA
Museum, Inc. on March 30, 2012 by YRC Worldwide, Inc., the Court hereby awards
exclusive ownership of one 1958 International Harvester R185A Tractor (Vehicle
Identification Number: FD10909F) 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 T COURT:
J.
/DISTRIBUTION LEGEND: c") ,� t
n W. Shook, Esquire •
2132 Market Street -0Z `'" `1
Camp Hill, Pennsylvania 17011
(717) 975-9446 'c
VRC Worldwide, Inc. 10 <
10990 Roe Avenue Zq 3 �_
Overland Park, Kansas 66211 0
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