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HomeMy WebLinkAbout13-1753 Supreme Co nnsylvania Cour4f,Cdbimo leas For Prothonotary Use Only: it t Docket No: CU . LAN �k� County The information collected on this.1brm is used solely for court administration purposes. This tbon does not supplement or replace the filing and service of'pleadings or other papers as required by lane or rules of court. Commencement of Action: S El Complaint El Writ of Summons 0 Petition Transfer from Another Jurisdiction [3 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T AACA MUSEUM, INC. I Are money damages requested? ©Yes El No Dollar Amount Requested: Qwithin arbitration limits (check one) ®outside arbitration limits N Is this a Class Action Suit? [3 Yes 0 No Is this an MDJAppeal? 0 Yes 1l No 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 Lit ii;ant) 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 Muss Tort) CONTRACT(do not include.ludgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle Debt Collection:Other E3 Board of Elections Nuisance Dept.of Transportation Q Premises Liability Statutory Appeal:Other S ( Product Liability (does not include mass tort) El Employment Dispute: - - --- Slander/Libel/Defamation Discrimination -- — - C [I Other: Employment Dispute:Other E3 Zoning Board Other: MASS TORT Other: --- ---�- Asbestos 0 Tobacco [3 Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: © Ejectment © Common Law/Statutory Arbitration 0 Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent Mandamus El Landlord/Tenant Dispute Non-Domestic Relations PROFESSIONAL LIABLITY [I Mortgage Foreclosure:Residential Restraining Order Mortgage Foreclosure:Commercial 13 Quo Warranto Q Dental Partition Q Legal E3 Replevin 0 Quiet Title X' Other: 0 Medical [3 Other: Petition for Declaration of Other Professional: -Owners ip of donated vehi Updated 11112011 LUI.J i as [��'`` tt. lr f lVli6 1 C ti/r1/7iJq Bryan W.Shook,Esquire ID#203250 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 BShook[dolplaw.com Attorney for AACA Museum, Inc. IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1979 ROLLS ROYCE : CUMBERLAND COUNTY, PENNSYLVANIA SILVER SHADOW II (Identification Number SRK36403) : No: 2013- l7..S3 - 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 BShook65dolalaw.com Attorney for AACA Museum, Inc. IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1979 ROLLS ROYCE : CUMBERLAND COUNTY, PENNSYLVANIA SILVER SHADOW 11 (Identification Number SRK36403) 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 1979 Rolls Royce Silver Shadow II automobile (Vehicle Identification Number: SRK36403) 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 1979 Rolls Royce Silver Shadow II automobile (Vehicle Identification Number: SRK36403) (hereinafter sometimes referred to simply as the "automobile") which was so graciously donated to the AACA Museum, Inc. by Mr. Peter J. Olaynack by deed of gift dated December 23, 2010. (A true and correct copy of the December 23, 2010 Deed of Gift from Mr. Olaynack 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 Mr. Peter J. Olaynack and was duly registered in the State of Rhode Island. 5. The AACA Museum, Inc., is unable to obtain a title to the subject vehicle because they do not possess sufficient documentation from the State of Rhode Island so as to permit Penndot to issue a Certificate of Title in the name of the AACA Museum, Inc. 6. Specifically, the AACA Museum, Inc. is unable to locate the original of the State of Rhode Island registration certificate. 7. Because so much time has passed since the time of donation, the AACA Museum, Inc. is without alternative but to petition this Honorable Court for a declaration of ownership relative to the subject 1979 Rolls Royce sufficient to permit Penndot to issue a certificate of title to the 1979 Rolls Royce in the name of the AACA Museum, Inc. 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. 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"). 10.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"). 11.There is no indication that there is anyone besides the AACA Museum, Inc. who claims ownership of this 1979 Rolls Royce Silver Shadow II automobile. 12.The subject vehicle has been at the AACA Museum in Hershey, Pennsylvania for over two years. 13.During the past two years, the vehicle has been publically displayed at the Museum. 14.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). 15.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. 16.The entire action is largely procedural and administrative, as pursuant to 13 Pa. C.S.A. § 2401(2), AACA Museum, Inc. and Peter J. Olaynack, took the steps necessary to transfer ownership of the automobile 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). 17.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 1979 Rolls Royce Silver Shadow II automobile (Vehicle Identification Number: SRK36403). Respectfully Submitt Date: Aea: l `+,.2oi3 'xz' Bryan"W' . Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook _dplglaw.corn Attorney for AACA Museum, Inc. IN RE: OWNERSHIP OF ; IN THE COURT OF COMMON PLEAS 1979 ROLLS ROYCE : CUMBERLAND COUNTY, PENNSYLVANIA SILVER SHADOW II (Identification Number SRK36403) No: 2013- - CIVIL TERM Certificate of Service 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: Mr. Peter Olaynack 146 West 57th Street New York, New York 10019 (Certified Mail Receipt# 7012 1640 0002 1546 8940) Respectfully Submi e Date: rz: BryinM. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShookc@-dplqlaw.com 161 Museum Dr, Hershey,PA 17033 Phone: 717-566-7100 Fax: 717-566-7300 www.aacamuseum.org �eeb 4f gift—a�vnvr eleds'e to the AACA MUSEUM,Inc. Be It Known That: Peter J.Olaynack Name of Donor 146 West 57th Street,New York,NY 1001:9 Address of Donor Hereby grant unto the AACA MUSEUM, Inc., hereafter"Museum," all my right, title an 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:- Antique Vehicle. 1979 Rolls-Royce Silver Shadow 11; VIN.-SRK36403 Mileage.28,245 Car is yellow in color with a tan interior; VS engine with automatic transmission; very good overall condition. 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, d IN WITNESS WHEREOF I have hereunto,5et my hand and seal this 223 day of rr) 20_IA!X. Donor .d Sub sc 'bed to a d sworn to before me this a 3 day ofd 2U t d —Notary Public dt MAAIE igitrl ;, ililaly lMNa•�M�INr�hllt ';��;�j: My commission expires V X ONIMwislkw.Vok t t 1b llk4d Smithsonian Institution Affiliations Program DEED OF GIFT PROVISIONS Acceptance of gifts by the AACA MUSEUM, Inc. Board of Directors 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 thirty-six(36)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 J Date Z ! Multi-State Vehicle Report (NMVTIS) Page 1 of 1 N No Record Found 1.YIN SRK36403 NOT found =rater itN SF:K ,:03 Unfortunatel , no matching record was found in the NM Is database Search 2.Terms of Use 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 NtetV'T'IS.View a map of participating states 3.Billing Information -- -- - -_ If a state,salvage yard or insurer does not report a vehicle to the federal database,no report will be Remrd Not Found available. No R.r ro v+a f<.i ad.if you r,h to w,nr a please ei ter a new va'J above.and,cck"Search Even though this VIN is not in the National Motor Vehicle Title information System(NMVTISt.it does Exit Application 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 vehicle's condition Before purchasing a vehicle.check all available sources for information-Remernber.even a'•clears' 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. N 34 i https://apps.add123-com/NmvtisPpiWeb/NmvtisPpiWeb.html 3/1/2013 VinCheck Page 1 of 2 Mice' ............ ...................... USER ID PASSWORD, Prated Solitt orn5 akano€�ks rn�@1NAMM,CCRivr duwc,t€t ^u._ remember me "ov,to_ecome a ^orgo your ID a rms,-mro7 araw r._,>VINCheck VINChecksM rxesrms t<u uxw:sexavan '.'.Print this Page About VINChecksm VINCheck-"Theft Record SRK364O3 has not been identified as a vehicle listed in the VINCheck""'Theft Records, VINCheck"is updated regularly as additional information is reported. VINCheeks"Total Loss SRK36403 has not been identified as a vehicle '.. Record listed in the VINCheck-"Total Loss Records. /// VINCheck''"is updated regularly as additional NICB's VINCheck is a service provided to the public to assist AtItOC�lC�L information is reported. in determining if a vehicle has been reported as stolen,but riot recovered,or has been reported as a salvage vehicle by NOt infurmutiun is xvanahle cooperating NICE members.To perform a search,a Vehicle uvougo nutocLeck.. 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In order to continue with your inquiry as to whether a VIN is in the database, r you must agree to and accept these Terms and Conditions of Use. 1' https://www.nicb.org/theft—and—fraud—awareness/vincheck 3/1/2013 VinCheck Page 2 of 2 Tne N--CB VINCheck database is made possible through the cooperation of participating NICB members.Te view a list of those member„please click!sere. .< Back to:search https://www.nicb.org/theft—and—fraud—awareness/vincheck 3/1/2013 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: I Tit 1Ce:CA Muse , nc. IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1979 ROLLS ROYCE : CUMBERLAND COUNTY, PENNSYLVANIA SILVER SHADOW II (Identification Number SRK36403) : No: 2013- /75 3 - CIVIL TERM ORDER AND NOW, this the I day of Mal , 2013, upon consideration of the Petition of the AACA Museum, Inc. for a declaration of ownership of a certain 1979 Rolls Royce Silver Shadow II, which was donated to the AACA Museum, Inc. on December 23, 2010 by Mr. Peter J. Olaynack, the Court hereby awards exclusive ownership of one 1979 Rolls Royce Silver Shadow II (Vehicle Identification Number: SRK36403) 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 TH :b4 J. DISTRIBUTION LEGEND: y an W. Shook, Esquire _ c-) ,.,,, 2132 Market Street i ` -1 Camp Hill, Pennsylvania 17011 ♦ � -,; (717)975-9446 a" rn` cj CD rAPeter J. Olaynack • 146 West 57th Street 6 Ol S� - New York, New York 10019 z