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HomeMy WebLinkAbout14-4454• OF T84- /ONO TA lc C�t�� 30 PM 1: l LAND CO C l,AtIA In Re: Certificate of Title for 1999, Volvo, VN Sleeper, VIN # 4VG7DBRJ9XN786850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA / ,/( C (� Docket No. ' i'' "► J / To: Nova Express Group, LLC 508 Evening Grosbeak Pflugerville, TX 78660 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 Isaac P. Wakefield Salzmann Hughes, P.C. Attorney I.D. No. 311909 105 North Front Street, Suite 205 Harrisburg, PA 17101 Telephone: 717-234-6700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY In Re: Certificate of Title for PENNSYLVANIA 1999, Volvo, VN Sleeper, VIN # 4VG7DBRJ9XN786850 Docket No. PETITION FOR INVOLUNTARY TRANSFER OF 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 thereof avers as follows: 1. Petitioner, John's Mobile Repair Service, Inc. ("John's Mobile"), is 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, Nova Express Group, LLC ("Nova Express"), is a Texas company with an address at 508 Evening Grosbeck Drive, Pflugerville, Texas 78660. 3. John's Mobile is in the business of, inter alia, providing recovery, repair, storage, and related services with respect to commercial trucks. 4. On or about February 13, 2013, at the request of Philip Emiabata ("Emiabata") of Nova Express, John's Mobile towed a 1999 Volvo truck from Pennsylvania Interstate 81 South, Exit 77, where it had broken down, to its Shop for repair work. 5. The truck in question is a 1999 Volvo VN Sleeper with VIN # 4VG7DBRJ9XN786850 and license plate number RJ6R22 (the "Vehicle"). 1 6. Nova Express Group LLC is the registered owner of the Vehicle as stated on the Certified Motor Vehicle Record Request Response from the Texas Department of Motor Vehicles, attached hereto as Exhibit "A" and incorporated herein by this reference. 7. The registration information provided on Exhibit "A" reflects that there are no lien holders of record with respect to the Vehicle's title. 8. The Commonwealth of Pennsylvania, Department of Transportation ("PennDOT") has no records regarding the Vehicle as noted in the letter from PennDOT, dated June 9, 2014, attached hereto as Exhibit "B" and incorporated herein by this reference. 9. After towing the Vehicle to the Shop, John's Mobile conducted preliminary work and diagnostics, during the course of which John's Mobile determined that the Vehicle needed significant repairs. John's Mobile refused to repair the Vehicle in any manner that would have left it unsafe or not roadworthy. 10. John's Mobile estimated that the necessary repairs to the Vehicle would total $4,568.01 including the tow and labor incurred in diagnosing the problems. John's Mobile also required a $40/day storage fee for keeping the Vehicle on the Shop premises. 11. Emiabata of Nova Express faxed credit card authorizations to John's Mobile on March 22, 2013, and June 24, 2013, but both credit card authorizations were declined. 12. Thereafter, John's Mobile repeatedly attempted through verbal demands and written correspondence transmitted by mail, fax, and email, to recover the costs of the tow, labor, storage fees, and a down -payment on the necessary repairs from Nova Express. 13. On June 25, 2013, after engaging in repeated discussions with Nova Express, John's Mobile requested that Nova Express pay a fifty -percent (50%) deposit on the total estimate for the tow, labor, repairs, and necessary repairs ($4,568.01), and the accrued storage 2 costs as of that date ($4,880.00). Additionally, John's Mobile reiterated that conducting any repairs less than those identified as necessary would leave the Vehicle unfit for road travel. This letter was sent via certified mail (which was returned to sender), fax, and email. True and correct copies of these communications are attached hereto as Exhibit "C" and incorporated herein by this reference. 14. Nova Express, through Mr. Emiabata, responded to John's Mobile's demand and refused to make payment. 15. John's Mobile thereafter engaged in further communications with Nova Express in an attempt to obtain payment for repairs and storage fees, but Nova Express continued to refuse payment. 16. To date, despite demands by John's Mobile, Nova Express has failed to pay the towing bill, initial labor and repair costs, accrued storage fees, or a down-payment on the estimated costs of the needed repairs. 17. To date, despite John's Mobile's requests, Nova Express has not attempted to pick up the Vehicle or have it towed to another repair shop. 18. As of May 21, 2014, the Vehicle had been located on the Shop premises for 462 days, with storage fees accruing from February 24, 2013, for a total of 452 days. A true and correct copy of an updated invoice as of May 21, 2014, is attached hereto as Exhibit "D." 19. As of May 21, 2014, the total amount of the outstanding invoice including towing fees, repair costs, storage fees, and taxes was $19,059.90. 20. As a result of the services that it provided for Nova Express, John's Mobile has a common law possessory lien upon the Vehicle. See Associates Financial Services Company, Inc. v. O'Dell, 417 A.2d 604 (Pa. 1980). 3 21. The value of the Vehicle, in its present condition, is considerably less than the amount of John's Mobile's lien. 22. Neither Nova Express, nor other person associated with Nova Express has expressed any intention to pay the outstanding balance or to remove the Vehicle from the Shop. 23. Nova Express' inaction demonstrates an intent to abandon the Vehicle. 24. To obtain a Certificate of Vehicle Title involving the transfer of the Vehicle's ownership, PennDOT requires John's Mobile to commence the instant action, obtain a hearing date, and obtain an Order of Court after the hearing, pursuant to the PennDOT instructions attached hereto as Exhibit "E" and incorporated herein by this reference. 25. A proposed Order consistent with the PennDOT instructions is attached hereto as Exhibit "F" and incorporated herein by this reference. 4 Court: WHEREFORE, in consideration of the foregoing, Petitioner requests that this Honorable (A) Schedule a hearing date at least sixty days after receipt of the instant action to allow Petitioner to complete all of the required notice provision requirements; and (B) After such hearing, enter the attached Order with respect to the above-described Vehicle, indicating that PennDOT may accept the Order of Court as evidence of ownership in lieu of a Certificate of Title, provided John's Mobile submits all forms, taxes, and fees in order to receive the appropriate Certificate of Title for the Vehicle. By: Date: July 29, 2014 Respectfully submitted, SALZMANN HUGHES, P.C. Isaa P. Wakefield Attorney I.D. No. 311909 105 North Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 Attorney for Petitioner 5 EXHIBIT A Texas Department of Motor Vehicles CERTIFIED MOTOR VEHICLE RECORD REQUEST RESPONSE Vehicle Information VIN Year Make Model Body Style Color Title Issued Date Title Document Number 4VG7DBRJ9XN786850 1999 VOLV TR 09/03/2010 22732090407145759 Current License Plate Issued Expires Old Plate Expired Vehicle Class Plate Age Fee RJ6R22 01/12/2011 OCT/2011 TONLY09 MAR/2003 TRK>1 3 50.00 Type of Plate Reg Class County Empty Wt Gross Wt Odometer Sale Price APPORTIONED TRK SINGLE PLT 6 TRAVIS 11920 80000 EXEMPT $0.00 Current Owner Information Renewal Recipient Information Owner Name(s): NOVA EXPRESS GROUP LLC Address: 508 EVENING GROSBEAK City/State/Zip: Country: PFLUGERVILLE TX 78660 Recipient Name: Address: City/State/Zip: Vehicle Location Information (If different from above) Address: City/StatelZlp: Lienholder Information as Reflected on Current Title Record Note: This document may not reflect all liens. 1st Lienholder: Address: City!State/ZIp: Country: Lien Date: 2nd Lienholder: Address: City/State/Zip: Country: Lien Date: 3rd Lienholder: Address: City/State/Zip: Country: Lien Date: Previous Owner Information Name: OUT OF COUNTRY Title Number: City: ONTARIO Jurisdiction: Issued: State: CA VIN: Remarks DIESEL.PAPER TITLE,DATE OF ASSIGNMENT: 08/19/2010. Certification: ❑x The data included in this document represents the current duly recorded information regarding this motor vehicle at the time of inquiry. This is to certify that this document contains true and correct information as shown by the Vehicle Titles & Registration Division of the Texas Department of Motor Vehicles. ❑ This is to certify that the Texas Department of Motor Vehicles files reflect no record for the above referenced vehicle. Date of Certification: June 16, 2014 Attested int Thomp;Tineput 5 rector Vehicle Titles and Registration Division Emp: FARITA298IN ORIGINAL VTR -500 -RTS (REV, 05/2012) DHT157490 Trans: 29822041804155258 EXHIBIT B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 6/09/14 13:12 ISAAC WAKEFIELD 105 N FRONT STREET SUITE 205 HARRISBURG PA 17101-0000 VIN : 4VG7DBRJ9XN786850 NO RECORD FOUND CERTIFICATE & ATTESTATION 141600704000206 001 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. 1,?4,09. dcdiaL_ 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 : 4VG7DBRJ9XN786850 CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES C7507600 2MV VEHI'C'LE QUIRY PROMPT BY TAG NO RECORDS IN RANGE : RJ6R22 Name Name Code : City 17 -LIST 24 -RESET 15 -RETURN -EXHIBIT C Kerina DeMeester From: Kerina DeMeester <krd@jmrsinc.com> Sent: Tuesday, June 25, 2013 1:56 PM To: novaexpress22@gmail.com Subject: 1999 Volvo Attachments: Nova Star 0613.doc JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVENUE • CARLISLE, PA 17015 www.jmrsinc.com PHONE: (717) 245-0076 • FAX: (717) 245-0648 June 25, 2013 Nova Express 620 South Street Roslindale, MA 02131 Email: novaexpress22@gmail.com Fax: 512-670-7917 0,4 --pi,qed Go Re: 1999 Volvo Dear Philip: Due to the fact that it is virtually impossible to communicate with you VIA telephone, I will continue this transaction VIA email. The following pages you will see a list of charges to replace only the first differential, per your request. As you know the truck needs leveling valves, air bags and shocks replaced due to the extended damage from the driveline coming out. Our suggestion is to properly repair the truck by replacing the air bags, leveling valves, shocks and incidentals when the drive line came out. But since this is your truck and you make the decision on the costs of the repairs needed, I will advise you at this time that the truck wilt not be safe for road travel due to the missing items. will include the cost of the storage due to date and an estimate to install the front rear. The storage to date will need to be paid in full as well as a 50% deposit on the repairs prior to work being started. Below is a breakdown of charges: Storage of Vehicle — 122 days P., 40.00 Estimate for Repairs $4,880.00 $4,568.01 Total Charges $9,448.01 NOVA EXPRESS Telephone Number: Job Description: DESCRIPTION JOHN'S MOBILE REPAIR SERVICE 1511 EAST COMMERCE AVENUE CARLISLE PA 17013 www.johnsmobileservice.com 717-245-0076 FAX 717-245-0648 Vehicle Make: VOLVO Vehicle Model: VN VIN: 4VG7DBRJ9XN786850 Alternate Number: Vehicle Year: 1999 PART NUMBER QTY PRICE EXT PRICE TOWED UNIT TO JMRS FOR ESTIMATE ON REPAIRS. ONCE IN SHOP FOUND REAR DIFFERNETIAL DAMAGED, WILL NEED REPLACED ALSO DIFFERENTIAL YOKES WERE DAMAGED AND WILL NEED REPLACED ALONG WITH NEW NUTS, SEAL AND U -JOINT STRAP KITS. 1 REMAN DIFFERENTIAL I $2,368.75 $2,368.75 2 DIFFERENTIAL YOKE 2 $214.59 $429.18 3 DIFFERENTIAL SEALS 2 $62.61 $125.22 4 YOKE NUTS 2 $14.17 $28.34 5 U -JOINT STRAP KIT I $28.52 $28.52 6 SHOP SUPPLIES I $75.00 $75.00 7 GEAR OIL 10 $9.80 $98.00 8 2.5 HRS TOWING @ $110.00 AN HR 2.5 $110.00 $275.00 9 51 -IRS SHOP LABOR @ $95.00 AN HR 5 $95.00 $475 00 10 SHOP LABOR TIME TO DATE 7 $95.00 $665.00 Tuesday. June 25, 2013 Page 1 NOVA EXPRESS Telephone Number: DESCRIPTION JOHN'S MOBILE REPAIR SERVICE 1511 EAST COMMERCE AVENUE CARLISLE PA 17013 www.johnsmobileservice.com 717-245-0076 FAX 717-245-0648 Vehicle Make: VOLVO Vehicle Model: VN VIN: 4VG7DB RJ9XN786850 Alternate Number: Vehicle Year. 1999 PART NUMBER QTY PRICE EXT PRICE Note: This estimate is only valid for 10 days from date of original estimate. Customer Acceptance Tuesday, June 25, 2013 Page 2 Total Parts: $4,568.01 TotalLabor: $0.00 SalesTax: $0.00 Total: $4,568.01 JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA 17015 www.jmrsinc.com (717) 245-0076 • FAX: (717) 245-0648 Invoice Number: 175052 Bill To : OT NOVA EXPRESS 508 EVENING GROSBECK FLUGERVILLE TX 78660 Invoice Date: 2/21/2013 Vehicle No. 0 Make: VOLVO Model: TRK Mechanic: PT/TM/JS Serial #: 4VG7DBRV9XN 786850 Cust. P/ 0 # Page 1 of 2 Phone: 5127912395 License: RJ6-R22 Year: 1999 Mileage: 330314 WORK PERFORMED/COMMENTS - TOW CALL FROM 1-81 SOUTH AT MM77 FOR UNIT WITH DAMAGED DRIVE LINE - COMBO TOWED UNITS TO TA TRUCK STOP AND SEPERATED UNITS - LEFT TRAILER AT TA TRUCK STOP - TOWED DOWN TRUCK TO JMRS FOR REPAIRS - CHECKED OVER UNIT FOR DAMAGED DRIVE LINE - REMOVED YOKE FROM REAR OF FRONT DIFFERENTIAL - REMOVED DRIVE SHAFT FROM TRANSMISSION TO FRONT DIFFERENTIAL - USED TORCH TO REMOVE BOLTS FROM REAR U -JOINT - REMOVED CROSSMEMBER TO GAIN ACCESS - REMOVED FRONT DIFFERENTIAL - FOUND METAL PIECES AND SHAVINGS INSIDE DIFFERENTIAL - INSPECTED DAMAGED PARTS - FOUND FRONT DIFFERENTIAL INPUT YOKE, FRONT DIFFERENTIAL REAR YOKE, TWO U -JOINTS. DRIVE SHAFT, RIGHT FRONT AND RIGHT REAR AIR BAGS. AIR BAG MOUNT: RIGHT FRONT AND RIGHT REAR SHOCK ABSORBERS. LEVELING VALVE AND AIRLINE TO LEFT REAR BRAKE CHAMBER ALL DAMAGED FROM DRIVE LINE FAILURE - STORAGE BEGINS 2/24/2013 @ $40/DAY Part Number Part Description Quantity Price Amount TOWING 30 TOWING / 35 TON WRECKER 2 5 $110 00 $275 00 LABOR ALL WORK PERFORMED 7 $95 00 $665 00 STORAGE STORAGE OF VEHICLE ON LOT 452 $40 00 $18.080 00 * FA TO100 walstMm GCka9. rt RE Att 0' HC 01 ' I.Ft1117 ElePPIECal.T 09CL M6 las 0042 NirFB &tel* !�k!hES'tiQ ! ttfa wnte. a_wesva r OF I R:SON: M V C11i PRIEGY FCA a naa►WLR,it AIRPrITi WI998rf" REil4FF+a4 lFI !e —.v =MOM TO 0161.0.1/ FOR R AN U,iea,P" • as CTsdksct /SN MIRK .11pSY wan 0000,m110r WC t0r1. a/ M doge 4010, win 4' naaarp RIM 6ada4 Ira Via. NOP** ara-aa0 raMa.fal.s • w►/04 a. tlapga 4a of A_a.fa a c4M a r•s, vier gi MFoho cam* roya40 WOW 00,"1,06m. Mc amt mfg 0w+01 --_ a damp+ in pots aam~ta w ita} aern.g•nMrr t.rq rramil.'• 1,11,00001,11,0000100cM Fns par y1,11,0000100 Id . a Mraa Maerind'M w d,ta ..100.00.0arMe palma K McfM foOM p+Mafrn an •tPnea..w.i CS a a a 71nrNfp anfanwa/apafl on non, •f11401O almid as 4.01 d 4410ea 1101110 SIGN HERE REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HERE 0 SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEHICLE AND AGREE THAT AFTER EXAMINING IT I FIND THE VEHICLE IN SATISFACTORY CONDITION AND I AM SATISFIED WITH THE QUALITY OF WORK AND MATERIAL. CUSTOMER'S ACCEPTANCE JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA 17015 www.jmrsinc.com (717) 245-0076 • FAX: (717) 245-0648 Invoice Number: 175052 Part Number Part Description Invoice Date: 2/21/2013 uant Page 2 of 2 Price Amount Taxable Parts: Taxable Labor Non Taxable Parts. Non Taxable Labor $0 00 $665 00 $18,355 00 $0 00 Sub Total: $19,020 00 Sales Tax Tire Tax: $39 90 $0 00 Total Due: $19,059.90 roATV CZONSTITIATS ALL 00 'MC WARIZARZAS weiloPesPtcr 'calve vac3 THIS ITEAVREMS TME SELLER SIW TOTTCToTa Aitt- RRAMFONIFR SITT,T$O361 IAPVED, INCLVONG ANY IMPLIED WARRANT( OF ffe,,WiTzeun' VIC 114 SE1.4.14 TRTT 404 AVIPILMOS NOR AUTHORIZES WY OTHER -1'40,1 TO ASSUME FOO3 ANY 1.4E0lErv.4.1101.4TiCT1Th k41114 Irr, Sika OF POI OtfAeitebei 4,,,,rworwire.,.• mop, 44t farm i.,e AT., awe" To, • ...4.1t 401119,10 "locie 5414****4 .,,44).4 In T444 F44. tht4 9* Wry 410011144.1 berat you..,mar, c,rasy daity% ~103 wowialialp �P 044 r. 54.145e 0. mit itqlpnkm/4•44.- fay lentOrer 4rIno.44A4-I w* rfrey 44444 Vnektere•sgenriewid if/ • 544 .61,4,, MOM d'eWT.b&T **4S 4,1.1 0455544.1.1.6. 140 'sum ot weinagOn A, Oileme rrochmr", n ork rttostrp memn...144171,0 411 04.44 Hon54. r41414-1.,ems •ffivoi, • 1 Ws Memo SIGN tlEyiE REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HERE SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEHICLE AND AGREE THAT AFTER EXAMINING IT I FIND THE VEHICLE IN SATISFACTORY CONDITION AND I AM SATISFIED WITH THE QUALITY OF WORK AND MATERIAL. CUSTOMERS ACCEPTANCE EXHIBIT E FACT SHEET Involuntary Transfer of Ownership of a Vehicle by Court Order PURPOSE This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are not available should seek the advice of a private attorney. PennDOT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES 1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle will be determined by the court. Please note that a sample court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING. 2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified mail, return receipt requested, and must include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL -135 (REQUEST FOR VEHICLE INFORMATION), AND SUBMITTING TO PENNDOT ALONG WITH THE APPROPRIATE FEES. 3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed," the person attempting to be declared owner of the vehicle must advertise a legal notice at least once in the county legal journal(s) and at least once per week for three consecutive weeks in the newspaper(s) of general circulation where any person known to claim an interest in the vehicle may be located and where the vehicle is located, if these two locations are different. Please refer to the Pennsylvania Bar May 2014 - over - pennsytvania DEPARTMENT OF TRANSPORTATION wv- w,dmv.stabe.pa_us Association Lawyers Directory & Product Guide to determine the appropriate legal journal. The advertisement should include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. 4. When the above procedure is followed and the court of competent jurisdiction enters an order declaring an individual the rightful owner of the vehicle, PennDOT may issue a Certificate of Title to the person named in the court order upon receipt of the following: (1) A certified copy of the court order entered declaring the individual owner of the vehicle; (2) Form MV -1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. (3) Appropriate sales tax, title and registration fees. Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as listed in a current edition of a PennDOT-approved publication. Approved PennDOT publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORDER AND NOW, this day of -,,-2 , after reasonable notice and an opportunity for hearing having been provided to all interest` parties, the Court hereby awards ownership of one [year], [make], ,1%, beari1 j vehicle identification number ,.-, �, c,„_,) ;to [name of applicant], and the right, title and interest of any other person to said vehicle iereby extinguished. The Commonwealth of Pennsylvania, Department of Transpo tatio'a accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitionersly, s mitt t e appropriate forms, taxes and fees and comply with any other procedures ofl her.Corn_ o ealth of Pennsylvania, Department of Transportation in order to receive the appropriateet irate of Title for said vehicle. BY THE COURT: Judge Please Note: Authorized agents are under contract to PennDOT and may charge a market driven service (delivery) fee; these are in addition to any PennDOT statutory fees for temporary, or in some cases, permanent motor vehicle registration plates and cards or other related products and services offered by the agent. The agent's service (delivery) fees are market driven, and vary by agent. To compare service (delivery) fees, you are encouraged to contact the authorized agents in your area for the applicable service (delivery) fees charged. 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 Involuntary Transfer of 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. § 4904 relating to unsworn falsification to authorities. Date: hn A. Cunningham, Jr. CERTIFICATE OF SERVICE I, Isaac P. Wakefield, hereby certify that on this 29th day of July 2014, I have served the foregoing Petition for Involuntary Transfer of Title to Abandoned Motor Vehicle by depositing the same in the United States Mail, by Certified Mail, Return Receipt Requested, and United States First Class Mail, addressed as follows: Nova Express Group, LLC 508 Evening Grosbeak Pflugerville, TX 78660 Ksaa. Wakefield IN RE: CERTIFICATE OF TITLE FOR 1999 VOLVO, VN SLEEPER, VIN: 4VG7DBRJ9XN786850 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4454 CIVIL IN RE: PETITION FOR INVOLUNTARY TRANSFER OF TITLE TO ABANDONED MOTOR VEHICLE ORDER OF COURT AND NOW, this 13th day of August, 2014, upon consideration of the Petition for Involuntary Transfer of Title to Abandoned Motor Vehicle, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Friday, October 10, 2014, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that Petitioner shall notify respondent of said hearing. Isaac P. Wakefield, Esquire Attorney for Petitioner t/IClova Express Group, LLC Respondent bas ✓p4ot-dM aon 4es By the Court, • THE PROTf--;TJ uT-',Ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2014,G 22 PFS 133 PENNSYLVANIA CUMBERLAND COUNT PENNSYLVANIA IN RE: Certification of Title for 1999 Volvo, VN Sleeper VIN # 4VG7DBRJ9XN786850 ly uc-1s11 Docket No. ??? OBJECTION TO TRANSFER OF TITLE 1. Philip Emiabata, dba Nova Express hereinafter is the owner of this 1999 Volvo tractor with Vin # 4VG7DBRJ9XN786850. 2. That Nova Express on Jurisdictional basis object to this transfer of title to the petitioner (John's Mobile Repair Service, Carlisle PA - John A. Cunningham). 3. Jurisdictional Basis : At this time there is pending law suit / its Appeal in a Higher Court. That is in the Federal District Court/ United States Court Of Appeals For The First Circuit, Case No. 14 —1804 / 1: 13 — CV -11869- DJC. Whereby Nova Express is not only the plaintiff but at this instant ( in the Appeal Court , is the Appellant). Thus for the defendant / Appellee John's Mobile Repair Services herein called the Petitioner to come to this court of Common Pleas when there is still pending case on this 1999 Volvo supra, is another fraud, deceit etc . John Cunningham the petitioner and its counsel ( Salzmann Huges P.0 — Isaac P. Wakefield) are perpetrating in this court of Common Pleas. 4. The issue or case before the Appellate court: 14 —1804/ 1: 13- CV- 11869 are questions of Petitioner's fraud; deceitful trade practices; forceful seizure; depriving the owner ( Nova Express) the right to use and enjoyment of its property; et al. 5. For John A. Cunningham (Petitioner) to declare with his signature dated 7/28/14 certifying under oath to the truthfulness of this " petition for Involuntary Transfer of Title to Abandoned Motor Vehicle" is an impeachable offence for which Nova Express will not allow that his stated declaration of 7/28/14 to lie low. Nova Express will pursue it to the last point of the law. 6. What is Abandonment in this said Volvo when owner instituted a case against the petitioner herein ( John's Mobile) in a higher court vis-a-vis its Appeal. 7. It is of note that as at the time petitioner was filing this petition on Abandonment For Transfer of Title on July 29, 2014; petitioner and its counsel knows about the Massachusetts case / its Appeal. As the 1st Circuit court of Appeal has through the District court as at July 29, 2014 designated this case. With even petitioner counsel —John Kuzinevich, Esquire even entered appearance for. Evidence is there in at the Appeal court. 8. A certified letter dated 08/15/14 has already been sent to the Secretary of Transportation copying Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation. Whereby Nova Express made it clear that this said 1999 tractor Volvo was not abandoned. That the owner on record in the state of Texas is Nova Express. They were also told that there is pending law suit; and that letter of Anita M. Wasko attached to this petition ( that there is no record) is highly questionable. It is not true. 9. NOTE, even this " Petition for Involuntary Transfer of Title To Abandoned Motor Vehicle", purported to have been filed by petitioner/ its counsel HAS NO DOCKET NUMBER, WHEN IT WAS SERVED ON US. IT TALKS VOLUMES!!! 10. From the foregoings (a). This petition request to transfer title should be dismissed because there is no issue of Abandonment here. (b).And this court of Common Pleas has no jurisdiction at this time as stated above. (c). Alternatively this court should abate the case until the outcome of the Appeal. And other legal rights open to Nova Express if need be has been exhausted. August..!..., 2014 fit -V 7-0r; 102.0 000. 0306 0 CERTIFICATION OF SERVICE Respectfully By /5/ Phi iabat. =.n. Express) 620 outh Street Roslindale, MA 02131 508 Evening Grosbeak Drive Pflugerville TX 78660 MAILING ADDRESS: P. 0 Box 142163 Austin TX 78714 Tel: 512 791 2395 A copy of the above was served on August 18, 2014 via US ft class mail to the Petitioner below: John's mobile Repair Service ( John A. Cunningham) 1511 East Commerce Ave Carlisle, PA 17015. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE PENNSYLVANIA COAfs /��� �m IN RE : Certification of Title for 1999 Volvo, VN Sleeper Vin #: 4VG7DBRJ9XN786850 o -r- �n Docket No: l4 -44S4 CIVIV rn rn GI cz cr -o zc- o�' MOTION PETITION FOR INVOLUNTARY TRANSFER OF TITLE TO ABANDONED PRO TO THE, Honorable Judge M.L.Ebert, jr., Respondent Philip Emiabata, dba Nova Express hereby bring this motion for dismissal of this case or in the alternativethe abatement of this aforestated petition on the following grounds. 1. Respondent, Nova Express the owner of the 1999 Volvo Sleeper just received the order of this court dated August 13, 2014, slating hearing for October 10, 2014. 2. This motion is based on facts and legal basis that this court has no jurisdiction on this matter at the moment. This petition started at the time when there is alreadyongoing activities in a Higher court. That is before Petitioner instituted this very petition for transfer of title. As this court cannot be having concurrent, otherwise jurisdiction at the same time when the same subject matter (the rem - Volvo Sleeper) of this petition is before a Higher court in the State of Massachusetts. 3. Petitioner (John A. Cunningham) of John's Mobile Repair Serviceits counsel knows of this as at the time in first week of August, 2014 when they instituted this civil action with this court of Common pleas, Carlisle PA. 4. Attached as EXHIBIT A to this moton is a ten paragraphs document captioned "Objection to transfer of title "dated August 18,2O14 - which already isbefore this court ( filed onAugust 23, 2014ortherabout}. And Nova Express is relying on paragraphs 2-10of this Exhibit A supra for this Motion for Dismissal or in the alternative for Abatement. 5. Thus, in the contents of the said paragraphs in Exhibit A attached herein, we gave the grounds why this court should not be vested with this issue or matter of petition for transfer of Title for ,��, 6. There is a pattern going on here in Carlisle PA with this petitioner; which will really call for investigation, irrespective of the legal process respondent has undertaken. This isxvhat petitioner —John A. Cunningham did , when he was using police in Carlisle PA overthere to be intruding over the same matter when petitioner knew fully well that a court in Massachusetts was already vested with the case. Now again, petitioner (John A. Cunningham and its counsel) knowing quite well of the civil action still on going in Higher court(s) in Massachusetts; come to this court of COMMA pleas for transfer of title. 7. With due respect, it is quite absurd, despicable to say the least. And from what we have observed, noticed, there seems to be a structure herein in Carlisle PA and it environs that gives this Petitioner — Mr. Cunningham of John's Mobile a fertile ground to go about getting Certificate of TitIe. When he (petitioner) is himself/ company created that very, very appropriation, forceful seizure, et al of another party's property. And now wants the tite. Most of these, Respondent has made clear in a Ietter to the Pennsylvania Secretary of Transportation ( Barry 3. Schoch) copying one Anita M, Wasko and John A. Cunningham( the petitioner ). 8. Finaily, respondent is not yet going into the details of what happened here. As stated, and for emphasis; this court is divested of jurisdiction on this subject matter as a civil case is already going on in the Higher court(s) supra. FROM THE ABOVE; 1). This petition request to transfer title should be dismissed, this court of Common pleas has no jurisdiction at this time as stated above. 2). Alternatively this court should abate the case; and the hearing set for October 10, 2014 by order of this court be suspended, abated. September 4,2014 Respectfully Submiitted By/s/ Philip Emiabata Philip Emiabata (Nov. xpress) 620 South Street Roslindale, MA 02131 508 Evening Grosbeak Drive Pflugerville, TX 78660 MAILING ADDRESS P.O.BOX 142163 AUSTIN TX 78714 Tel # (512) 791 2395 CERTIFICATE OF SERVICE A copy of thistMotion to Dismiss was on 7 day of September, 2014 via US first class mail served on the named and address below: Isaac P. Wakefield Esq. Salzmann Hughes, P.0 105 North Front Street , Ste, 205 Harrisburg, PA 17101 Salzmann Hughes,P.C. By:Isaac P.Wakefield iT Attorney I.D.No.311909 'r ET+ -2 P i"l 12: Garret J.Brouwer Attorney I.D.No.315020 71,,N:ERLis,ND 105 North Front Street, Suite 205 r EN N S Y L ' NI A Harrisburg,PA 17101 Telephone: 717-234-6700 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY In Re: Certificate •of Title for : PENNSYLVANIA 1999, Volvo, VN Sleeper, • VIN#4VG7DBRJ9XN786850 : Docket No. 14-4454 PETITIONER'S ANSWER AND FURTHER RESPONSE TO RESPONDENT'S "MOTION TO DISMISS CASE OR IN THE ALTERNATIVE ABATEMENT OF THIS PETITION FOR INVOLUNTARY TRANSFER OF TITLE TO ABANDONED PROPERTY" Petitioner, John's Mobile Repair Service, Inc. ("John's Mobile") hereby responds to the "Motion to Dismiss Case or in the Alternative Abatement of this Petition for Involuntary Transfer of Title to Abandoned Property" (the"Motion"). 1. Admitted, upon information and belief. 2. Paragraph 2 of Respondent's Motion contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the same are specifically denied. Strict proof thereof is demanded at the time of trial. 3. Admitted in part and denied in part. It is admitted that John's Mobile is aware of a pending matter before the United States Court of Appeals for the First Circuit commenced by Philip Emiabata ("Emiabata") against John's Mobile. To the extent Paragraph 3 avers that the pending matter deprives this Court of jurisdiction over the instant Petition, the same is specifically denied. Strict proof thereof is demanded at the time of trial. 1 4. Denied. The "Objection to Transfer of Title" is a written document that speaks for itself. Paragraph 4 is specifically denied to the extent that it may be inconsistent with or an attempt to characterize the written document. 5. Denied. The "Objection to Transfer of Title" is a written document that speaks for itself. Paragraph 5 is specifically denied to the extent that it may be inconsistent with or an attempt to characterize the written document. 6. Admitted in part and denied in part. It is admitted only that John's Mobile is aware of the action pending in the First Circuit Federal Courts and that John's Mobile is seeking transfer of title in the present matter. The remaining averments of paragraph 6 are specifically denied. Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 of Respondent's Motion contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the same are specifically denied. Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 of Respondent's Motion contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the same are specifically denied. Strict proof thereof is demanded at the time of trial. FURTHER RESPONSE 9. The answers of Paragraphs 1 through 8 are incorporated herein as though set forth at length. 10. This Court has jurisdiction to issue the order sought in this Petition with respect to the vehicle in question notwithstanding the meritless pending case identified by Nova Express. 11. Contrary to Nova Express's contentions, there are no "ongoing activities in a Higher court" involving the "same subject matter" that would deprive this Court of jurisdiction 2 over the instant Petition. The matter identified by Nova Express was commenced by Emiabata (d/b/a Nova Express) not John's Mobile, involves a distinct request for relief in the nature of money damages in Federal court, and is not in a"Higher court." 12. John's Mobile commenced the instant action based upon the possessory workman's lien that it holds against the vehicle in question for non-payment of towing, repair, and storage fees under Pennsylvania law. John's Mobile initiated this Petition, seeking to obtain title to the vehicle, in the manner required by PennDOT to obtain a certificate of title. 13. Conversely, Philip Emiabata (d/b/a Nova Express) commenced an action against John's Mobile in the United States District Court for the District of Massachusetts under Docket No. 1:2013-cv-11869, whereby he sought money damages against John's Mobile based upon several causes of action allegedly arising out of certain transactions or occurrences in Cumberland County, Pennsylvania, related to John's Mobile's towing, servicing, and storage of the vehicle. On May 19, 2014, the District Court, without a hearing, dismissed the case on improper venue grounds because of John's Mobile's location in Pennsylvania and the location of the events giving rise to the alleged cause of action. 14. Emiabata ignored the venue determination and continued to press his meritless claim for money damages by appealing the dismissal to the United States Court of Appeals for the First Circuit, where it remains pending at Docket No. 14-1804.1 15. John's Mobile's Petition is brought pursuant to Pennsylvania law and is distinct from the case filed by Emiabata in the Federal Courts within the First Circuit seeking money damages. As such, this Court has not been "deprived of its jurisdiction" to hear and render a determination as to John's Mobile's Petition. 1 Emiabata has already delayed the resolution of his appeal presumably in an ill-fated attempt to use the pendency of that proceeding as grounds for dismissal of this Petition. 3 WHEREFORE, in consideration of the foregoing, Petitioner requests that this Honorable Court deny Respondent's Motion. Respectfully submitted, SALZMANN HUGHES, P.C. By: Isaac P. Wakefield Attorney I.D. No. 311909 Garret Brouwer Attorney I.D. No. 315020 105 North Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 Date: October 2, 2014 Attorney for Petitioner 4 VERIFICATION I, Kerina DeMeester, Office Manager and Bookkeeper, John's Mobile Repair Service, Inc., certify that the statements made in the foregoing Answer and Further Response 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. § 4904 relating to unsworn falsification to authorities. Date: I0) I 91) I h � ei �— Kerina DeMeester CERTIFICATE OF SERRICE I, Garret J. Brouwer, hereby certify that on this 1 day of October 2014, I have served a copy of the foregoing document by depositing the same in the United States Mail, by United States First Class Mail, addressed as follows: Nova Express Group, LLC 508 Evening Grosbeak Pflugerville, TX 78660 Garret J. Brouwer IN RE: CERTIFICATE OF TITLE FOR 1999 VOLVO, VN SLEEPER, VIN: 4VG7DBRJ9XN786850 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4454 CIVIL IN RE: PETITION FOR INVOLUNTARY TRANSFER OF TITLE TO ABANDONED MOTOR VEHICLE ORDER OF COURT AND NOW, this 7t" day of October, 2014, upon consideration of Philip Emiabata's pro se "Motion to Dismiss Case or in the Alternative Abatement of this Petition for Involuntary Transfer of Title to Abandoned Property" and Petitioner, John's Mobile Repair Service Inc.'s Answer thereto; IT IS HEREBY ORDERED AND DIRECTED that Philip Emiabata's pro se Motion is DENIED. IT IS FURTHER ORDERED AND DIRECTED that the hearing previously scheduled in this matter for Friday, October 10, 2014, at 3:00 p.m. in Courtroom No. 2 will be held as scheduled. Isaac P. Wakefield, Esquire Attorney for Petitioner ✓ Philip Emiabata Nova Express Group, LLC Respondent P. O. Box 142163 Austin, TX 78714 bas lOhAV By the Court, zotg rtri er '11 C3 C? IN RE: CERTIFICATE OF TITLE FOR 1999 VOLVO, VN SLEEPER, VIN: 4VG7DBRJ9XN786850 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4454 CIVIL ORDER OF COURT AND NOW, this 8th day of October, 2014, due to a conflict with this Court's schedule, the hearing currently scheduled for Friday, October 10, 2014, at 3:00 p.m. will now be held on Thursday, October 16, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Isaac P. Wakefield, Esquire Attorney for Petitioner ✓Philip Emiabata Nova Express Group, LLC Respondent P. O. Box 142163 Austin, TX 78714 bas 1016//V . i1,) IN TH E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE PENNSYLVANIA `' L4- _ f V 11:: f 3 3'• . • IN RE: CERTIFICATION OF TITLE FOR 1999 VOLVO,VN SLEEPER VIN#:4VG7BRJ9XN786850 Docket No:-14—4454CIVIL MOTION FOR THE COURT TO POSTPONE THE HEARING DATE SCHEDULE FOR OCTOBER 16,2014 AND ALSO TO ENLARGE TIME FOR RESPONDENT TO ANSWER TO THIS PETITION TO, Honorable Judge M.L. Ebert,jr. Respondent, Philip Emiabata dba Nova Express brings this motion for court to postpone the hearing date scheduled for October 16, 2014 and also to enlarge time for respondent to answer to this petition. 1. Respondent put in a motion to dismiss case on jurisdictional ground and or in the alternative, the abatement of the Petition for Transfer of Title on above subject matter—1999 Volvo Sleeper with aforestated Vin number. 2. This dismissal or its abatement was because there was already a pending and is still ongoing an Appeal on same subject matter(Volvo tractor) in a higher court—1st Circuit Court of Appeals in Massachusetts. 3. The court however in order of the court dated October 7,2014 dismissed this respondent motion.And by another order of October 8,2014 now put the hearing on this petition to October 16,2014. 4. As this court denied both the respondent motion to dismiss or to abate this case, invariably as it is customary; respondent is asking the court to enlarge time for it to respond to the petition. 5. It is of note as this court gave its orders on 10/07/14 and 10/08/14 which orders were received by yesterday Tuesday 10/14/14(as Monday 10/13/14 was a holiday—Columbus day). Hence there was no time for respondent to put this its present motion for enlargement and to postpone hearing date in time(time factor). 6. However, moreso,the most important is, I just came back from West Africa for treatment 10/14/14.As this court is aware,this question of Ebola disease I cannot travel within 21 days( incumbation period)for precautionary purposes. 7. All things even being equal,someone who went for treatment outside the country returning on 10/14/14—coming to Carlisle PA. Just within less than two days to travel to Carlisle PA from Texas which is about two thousand miles.This is a feat and a high burden which no reasonable person can achieve ( not even when the person is still recuperating). 8. Respondent has also put in a motion as Appellant before the said 1st Circuit Court of Appeals to restrain Petitioner(Appellee)/its counsels from going on with this proceedings before this your court-Case#14-1804. 9. For the meantime, respondent is asking for one(1) month enlargement of time to put its response to the Petition supra. After which the court can then set up a date for the hearing of this case. WHEREFORE,in consideration of the foregoing respondent hereby request that the court grant this motion for enlargement of time and to postpone hearing set for October 16,2014. October 15, 2014 espectf Ily Submitted Phi p is (Nova Express) 62 South Street Roslindale, MA 02131 508 Evening Grosbeak Drive Pflugerville,TX 78660 MAILING ADDRESS: P.O.BOX 142163 AUSTIN TX 78714 Tel: 512 7912395 lit� � ©SCI k4 �a 6 ,gi?-6Y- 91 13 CERTIFICATION OF SERVICE Copy of this Motion for the court to postpone was on 15th day of October, 2014 via US first class mail served on the named and address below: Isaac P.Wakefield Esq. Salzmann Hughes, P.0 105 North Front Street Ste.205 Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY In Re: Certificate of Title for • PENNSYLVANIA 1999, Volvo, VN Sleeper, • )(4,14Lisil � vt VIN #4VG7DBRJ9XN786850 : Docket No. ��•• ORDER AND NOW, this i �pday of cl' , 2014, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1999, Volvo VN Sleeper, bearing vehicle identification number 4VG7DBRJ9XN786850 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 Certificate of Title for said vehicle. AG4.0 4-0BY THE COURT: P t.ti 04-1 ela VINdIVIASNN 3d cot' k s 1 :-LC 838W110 Cs�P• :0114V 9 f 130111V IN RE: CERTIFICATE OF TITLE FOR 1999 VOLVO, VN SLEEPER, VIN: 4VG7DBRJ9XN786850 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4454 CIVIL ORDER OF COURT AND NOW, this 20th day of October, 2014, upon consideration of Philip Emiabata's Pro Se Motion for Court to Postpone the Hearing Date Schedule for October 16, and also to Enlarge Time for Respondent to Answer to this Petition, the Court noting that the Petition was not filed until October 16, 2014, at 10:04 p.m. which was after the starting time for the hearing and Philip Emiabata not appearing at the hearing even though he had notice thereof; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Pro Se Motion is DENIED. By the Court, ac P. Wakefield, Esquire Attorney for Petitioner Philip Emiabata Nova Express Group, LLC Respondent P. 0. Box 142163 Austin, TX 78714 bas Q..0 I Olai'Ll 10 Pei c-> 3 rn cr3 rri cn r— .< > r- < CD zcC-) CD a=9 r.9 C.F1 CX) IN THE COURT OF COMMON PLEA - ill CUMBERLAND COUNTY CARLISLE PENNSYLVANIA IN RE : CERTIFICATION OF TITLE FOR 1999 VOLVO, VN SLEEPER VIN #: 4VG7BRJ9XN786850 f.J Eii l_i r. r T2Y Docket No: 14 — 4454 CIVIL MOTION TO RECONSIDER YOUR ORDER AWARDING OWNERSHIP TO JOHN'S MOBILE REPAIR SERVICE Respondent hereby ask you to reconsider your order dated October 16, 2014 awarding ownership of our 1999 Volvo VN Sleeper Vin # 4VG7BRJ9XN786850 to John's Mobile Repair Service . This is based on both legal and moral grounds: 1. Court is aware through one of our Motion on record with this court that same subject — matter Volvo Sleeper issue is still pending in an Appellate court in Massachusetts ( Appeal Case No. 14 - 1804 at 1st Circuit Court of Appeals). Thus with this your order of October 16, 2014 you nullified and renders to nothing our case that is still in the Appellate Court; notwithstanding your court is a lower court. The law forbade you to do this, as you trumped the said appeal supra. Because, there is evidence in both the Federal District court in Massachusetts where the said appeals emanates and the 1st Circuit court of Appeals before the Petitioner (in this your court -John's Mobile ) came for court shopping to your court. See our Motion dated October 15, 2014 and also our Motion dated September 4, 2014. All on record with this court. 2. Even this your October 16, 2014 order never showed any legal reason(s), nor moral on which you based this your said order on. 3. (a).You denied our Motion dated September 4, 2014 where we objected to your jurisdiction on this very case — as our case, its subject matter ( Volvo Sleeper) was and is presently still in the Appeal court supra. Which Motion you denied by your order dated 10/08/14. (b). And on 10/15/14 we fled another Motion — Motion to postpone hearing and also to enlarge time for respondent to put its answer. This our said motion for enlargement of time sent overnight ( FEDEX No. 8064 3868 9613) which evidence has it that the court received it before this your order of 10/16/14 —awarding to John's Mobile. This you swept under the rug; without granting nor denying that our said motion of 10/15/14. This is an abuse of power, violating our legal right o.. due process under the law. At this time, we leave this moot; and that is why we are respectfully asking you to reconsider this your order awarding ownership to John's Mobile. 4. To respectfully disagree with this court order ; this court outrageously went ahead, ignore this our said motion of 10/15/14 attached in this Motion to Reconsider as EXHIBIT 1). Where we even told you that, that your orders dated 10/07/14; 10/08/14, which one of them denied our Motion objecting to your jurisdiction/abatement got to us on Tuesday 10/14/14; noting that Monday 10/13/14 was a public holiday ( Columbus day). And this court is also aware that pro se respondent (we) also stays in Texas; which is about two thousand miles to Carlisle PA —See para. 7 of this our Motion (EXHIBIT 1) herein. 5. Following this paragraph 4 above, in same EXHIBIT 1 herein ( our Motion to postpone hearing date and enlargement of time) para. 6 we gave a very , very reasonable and humane reasons regarding Ebola disease . As I just arrived from West Africa (Nigeria) on 10/14/14. Respondent (myself) followed the self quarantine advisory from CDC which is for twenty one (21) days . And this was one of the good reasons we asked for that enlargement of time; if your court so bent on sitting on this case , despite it being in Appellate court supra. 6. Even if there is no Ebola disease reason; asking pro se respondent who has arrived from treatment overseas on 10/14/14 to be travelling down to your State supra. Legally, morally and otherwise, this is very burdenson. Our courts have always respected and put into consideration the issue of burdenson to both parties in a case. Why yours is otherwise, one questions!! 7. Query : Why this haste to judgment on this Petitioner's case. Is this court afraid of what will be the outcome of the Appeal of respondent in the Appeal court (in Massachusetts); which we repeat is based on the same subject matter —Volvo VN Sleeper , with the same parties involved. Or is this court using this its haste to judgment to have conflict or disrespect the Appeal court supra which is higher than your court. 8. We hereby ask this court to reconsider this its order of 10/16/14 based on the above reasons. 9. To respectfully disagree with this court and to put it clearly, succinctly : from what has gone with this case in this court cum John's Mobile Repair Service —using Carlisle police to be chasing respondent(which is on record),; and court shopping to your court which culminated in this court actions —haste to judgment, disregard of Appellate court ( in Massachusetts) ,depriving respondent ( Nova Express) of its due process et al. This irrespective of what respondent is doing herein and the Appeal court, Nova Express will undertake extra- legal and administrative actions to investigate how many titles/ ownership John Mobile have used this court in Carlisle and its environ to fraudulently grab title ( with the court backing ). Thereby, trampling interest of persons they ( John's Mobile) have gotten their titles to their properties. 10. As we said from the police chasing , this court, John's Mobile highly fraudulently characteristics all these we witnessed), also with evidences, showed a modus operandi in play here. Which the State of Pennsylvania and the DOJ to investigate going back to some years to see whether the police there, the court there et al gave him ( JOHN CUNNINGHAM jr. )OF JOHN'S MOBILE REPAIR SERVICE THE IMPUNITY TO BE VIOLATING, TRAMPLE THE INTERESTS OF ITS CUSTOMERS ( THE PUBLIC THAT COMES IN CONTACT WITH HIM). AND ALSO WHAT RELATIONSHIPS HE HAS WITH THE POLICE, AND THE COURT THERE TO BE DOING SO. From the foregoings, the court should reconsider its order of October 16, 2014 and enlarge time to one (1) month for respondent to put its answer to John's Mobile Petition. As it seems so far that this court is bent to sit on this John's Mobile case ( which this court felt it has a right). But at the same time , this court cannot make it burdenson, deprive respondent due process, even the outrageous Ebola issue ( para. 6,7 of EXHIBIT 1) attached herein —Respondent Motion to enlarge time. October 23, 2014 Respectfully Submitted Philip E iabata -Nova Express 620 South Street Roslindale, MA 02131 508 Evening Grosbeak Drive Pflugerville TX 78660 MAILING ADDRESS: P.O.BOX 142163 AUSTIN TX 78714 Tel #: 512 792 2395 CERTIFICATION OF SERVICE A copy of the foregoing Motion was on October 23,2014 via US first class mail served on the below named: Isaac P. Wakefield Salzmann Hughes, P.0 105 North Front Street Suite 205 Harrisburg, PA 17101 / IN TH E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE PENNSYLVANIA IN RE: CERTIFICATION OF TITLE FOR 1999 VOLVO, VN SLEEPER VIN #: 4VG7BRJ9XN786850 611-1 ~- Docket No: 'l4-44S4CIVL MOTION FOR THE COURT TO POSTPONE THE HEARING DATE SCHEDULE FOR OCTOBER 16, 2014 AND ALSO TO ENLARGE TIME FOR RESPONDENT TO ANSWER TO THIS PETITION TO, Honorable Judge ML. Ebert, jr. Respondent,PhUipEnmiobatadba Nova Express brings this motion for court to postpone the hearing date scheduled for October 16, 2014 and also to enlarge time for respondent to answer to this petition. 1. Respondent put in a motion to dismiss case on jurisdictional ground and or in the alternative the abatement of the Petition for Transfer of Title on above subject matter — 1999 Volvo Sleeper with aforestated Vin riumber. 2. This dismissal or its abatement was because there was already a pending and is still ongoing an Appeal on same subject matter ( Volvo tractor) in a higher court — lst Circuit Court of Appeals in Massachusetts. 3. The court however in order of the court dated October 7, 2014 dismissed this respondent motion. And by another order of October 8, 2014 now put the hearing on this petition to October 16, 2014. 4. As this court denied both the respondent motion to dismiss or to abate this case, invariably as it is customary; respondent is asking the court to enlarge time for it to respond to the petition. S. It is of note as this court gave its orders on 10/07/14 and 10/08/14 which orders were received bvyesterday Tuesday 1O/14/14/asMonday 1O/13/14was aholiday — Columbus doy1.Hence there was no time for respondent to put this its present motion for enlargemert and to postpone hearing date in time (time factor). 6. However, moreso, the most important is, I just came back from West Africa for treatment 10/14/14. As this court is aware, mis uestio'n of Ebola disease.. 1 can'not travel within 21 days ( incumbation period) for precautionary purposes. 7. AH things even being equal, someone who went for treatment outside the country returning on 10/14/14 coming to Carlisle PA. Just within less than two days to travel to Carlisle PA from Texas which is about two thousand miles. This is a feat and a hih burden which no reasonable person can achieve ( not even when the persori is still recuperating). 8. Respondent has also put in a motion as Appellant before the said 1St Circuit Court of Appeals to restrain Petitioner( Appellee)/its counsels from going on with this proceedings before this your court- Case # 14-1804. 9. For the meantime, respondent is asking for one (1) month enlargement of time to put its response to the Petition supra. After which the court can then set up a date for the hearing of this case. WHEREFORE, in consideration of the foregoing respondent hereby request that the court grant this motion for enlargement of time and to postpone hearing set for October 16, 2014. October 15, 2014 Respectfully Submitted p Er iiiabata (Nova Express) 62U South Street Roslindale, MA 02131 508 Evening Grosbeak Drive Pflugerville, TX 78660 MAILING ADDRESS: P.O.BOX 142163 AUSTIN TX 78714 Tel: 512 7912395 44_ aigstr,--(q41 Guti4btt. --cepq v41Q C9�4 C604 10(‘ 651 1(4.—wr /^0(,k C)2 Eficiy:f2d fob pio-3 ts. ln2,6 cges;A' coecikd (07(ik--/Ys ~fp er)71Q accgpidt-pyy Pi OO- or07-- ?F- g°14 ir"S 5 1 - IN RE: CERTIFICATE OF TITLE FOR 1999 VOLVO, VN SLEEPER, VIN: 4VG7DBRJ9XN786850 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4454 CIVIL ORDER OF COURT AND NOW, this 30th day of October, 2014, upon consideration of Philip Emiabata/Nova Express's Pro Se Motion to Reconsider; IT IS HEREBY ORDERED AND DIRECTED that the Motion to Reconsider is DENIED. Isaac P. Wakefield, Esquire Attorney for Petitioner ✓ Philip Emiabata Nova Express Group, LLC Respondent P. O. Box 142163 Austin, TX 78714 bas Copies rYtailc.,L 10/3//x`% By the Court, ._ --, Q•rrlr — CL; '