Commonwealth v. Yorkgitis
Commonwealth v. Yorkgitis
Opinion of the Court
Appellant, John Yorkgitis, appeals from the denial of his “Petition for Rule to Show Cause Why a Motor Vehicle Should Not Be Returned to Owner” brought pursuant to 75 Pa.C.S. § 7105(b). We affirm in part and reverse in part.
The procedural background of this case is as follows. On October 3, 1979, John Yorkgitis was arrested and charged with violating 75 Pa.C.S. § 7103(a) and (b), i.e., dealing in vehicles with removed or falsified numbers. The vehicle seized by the Commonwealth from appellant’s possession was a reconstructed Ford truck consisting of a 1974 Ford truck body and a later-model Ford truck chassis. Although the truck body contained a proper vehicle identification number, the number on the chassis had been welded and ground smooth so as to be totally obliterated. The case proceeded to trial, and at trial appellant’s demurrer to the evidence was sustained. Thereafter, counsel for appellant filed a “Petition for Return of Motor Vehicle” pursuant to 75 Pa.C.S. § 7105(b). A rule was issued upon the Commonwealth to show cause why the truck should not be returned to appellant. A hearing on the same was held on July 21, 1980, which resulted in the following order:
AND NOW, this 21st day of July, 1980, upon consideration of the foregoing Petition, it is hereby ORDERED, ADJUDGED AND DECREED that Detective Lennon of the Pittsburgh Police Auto Squad, or his alternate, shall return a certain 1974 Ford Truck bearing serial number SF25YCV07228PA to John Yorkgitis, together with the title, owner’s card and insurance card, upon approval of the Pa. State Police. No towing & poundage to be charged.
By the Court—
O’Brien, J.
In accordance with the trial court’s order, the vehicle was inspected by the Pennsylvania State Police who advised appellant by letter that the vehicle did not qualify for a
On appeal, appellant raises two issues:
I. Whether the trial court erred in concluding that appellant had not met the requirements for the return of a vehicle under 75 Pa.C.S. § 7105(b)?
II. Whether the trial court’s order of July 21, 1980, directing return of the seized vehicle constituted a final, conclusive order which foreclosed relitigation of the matter?
I.
A petitioner who seeks the return of a seized vehicle under 75 Pa.C.S. § 7105 must prove his right to possession by a preponderance of the evidence. Petition of Allstate Ins. Co., 289 Pa.Super. 329, 433 A.2d 91 (1981). Except as provided for in 75 Pa.C.S. § 1002, all vehicles in the Commonwealth must be titled. 75 Pa.C.S. § 1001. They also must contain a vehicle identification number. 75 Pa.C.S. § 7101. In this case, the truck chassis attached to appellant’s 1974 truck body lacked both a title and an identification number. In order to support his claim that he was
In light of this conflicting evidence, we cannot say that the trial court erred in determining that appellant had failed to meet his burden of proof in establishing a right to possession of the truck chassis. Nevertheless, we recognize that the appellant is caught in a “catch-22” type of situation, in that, the Commonwealth currently has possession of a truck body which he undeniably owns, but which is attached to a truck chassis for which ownership cannot be established. Because we can find no authority in the law for the Commonwealth’s continued possession of the truck
II.
As for appellant’s second contention of error, we find nothing inconsistent in the trial court’s orders of July 21, 1980, and March 11, 1982. The order of July 21, 1980, conditioned any return of the seized vehicle upon approval of the state police. That approval was not secured, therefore, the provisions found in the July 21, 1980, order concerning return of the truck were rendered void.
Order affirmed in part and reversed in part. Case remanded for proceedings not inconsistent with this opinion.
Jurisdiction is relinquished.
. Apparently, the "title” which was referred to in the trial court’s order of July 21, 1980, as being in the possession of the police was the title appellant held for the 1974 truck body. Appellant's ownership of the truck body was never disputed. Appellant never possessed a title for the truck chassis, nor had he ever sought, prior to this litigation, a reconstructed vehicle title.
. There is testimony found in the record indicating that Mr. Drozak had died prior to the hearing, and, thus was unable to testify. There is also some testimony found in the record that Mr. Drozak routinely purchased vehicles without having title formally assigned to him.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.