HomeMy WebLinkAbout03-0233RUSSELL C. GOODLING, t/a
and d/b/a CENTRE HALL
ASSOCIATES,
Plaintiff/Petitioner
VS.
JACK E. JOHNSTON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
NOT I CE
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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
Date: January /~, 2003
BY
Andrew C. Sheely,
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
RUSSELL C. GOODLING, t/a
and d/b/a CENTRE HALL
ASSOCIATES,
Plaintiff/Petitioner
VS.
JACK E. JOHNSTON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP
VEHICLE BY COURT ORDER
Russell C. Goodling, trading and doing business as Centre
Hall Associates, Plaintiff/Petitioner, by and through counsel of
Andrew C. Sheely, Esquire, hereby files this Petition for
Involuntary Transfer of Ownership of a mobile home by Court Order
in accordance with procedures required by the Pennsylvania
Department of Transportation, respectfully stating as follows:
1. Plaintiff/Petitioner is Russell C. Goodling, trading and
doing business under a duly registered fictitious and assumed name
of Centre Hall Associates, with an address of 2920 Dickinson
Avenue, Cumberland County, Pennsylvania, 17011.
2. Defendant/Respondent Jack E. Johnston. is believed to be
an adult individual with a last known address of 93 Ulrich Road,
Julian, Pennsylvania, 16844.
3. Plaintiff is the owner of a mobile home park known as
Centre Hall Associates located in Centre County, Pennsylvania.
4. For the past eight months, a 1993 Commodore manufactured
home, Title Number 46150641, Vin Number CR25273A has been
abandoned on Plaintiff's mobile home park located in Centre
County, Pennsylvania.
5. Efforts by Plaintiff to locate the owner of the mobile
home have been unsuccessful as the home has been abandoned for at
least 7 months and the owner left no forwarding address.
6. On or about November 23, 2002, counsel for Plaintiff
conducted a record search at the Pennsylvania Department of
Transportation to determine the owner of the above-described
mobile home for the purpose of contacting the owner to have such
person remove the mobile home from Plaintiff's mobile home park.
7. A Vehicle Record Abstract provided by the Pennsylvania
Department of Transportation, a copy of which is attached hereto
as Exhibit "A", indicates that the owner of the mobile home is
Defendant/Respondent Jack E. Johnston, with an address of 93
Ulrich Road, Julian, Pennsylvania, 16844.
8. On or about December 23, 2002, counsel for Plaintiff
directed a letter to the address of Defendant/Respondent for the
purpose of contacting Defendant/Respondent to advise him to remove
said mobile home from Plaintiff's premises. A copy of the letter
is attached hereto as Exhibit "B".
9. Subsequently, the December 23, 2002 letter was returned to
counsel for Plaintiff indicating that the letter was
undeliverable. A copy of the returned envelope is attached hereto
as Exhibit "C".
10. Plaintiff desires to obtain title to the above-described
mobile home so as to allow Plaintiff to remove the mobile home
from the premises without further lost lot rents, storage costs,
delays, other charges while also eliminating safety issues.
11. In order to obtain title to the above-described mobile
home, Plaintiff is required to commence the instant action, obtain
a hearing date, attempt to communicate the hearing date to
Defendant/Respondent by certified mail and/or public notice, and
obtain an Order of Court following the hearing, all in accordance
with rules and regulations promulgated by the Pennsylvania
Department of Transportation. A copy of the requirements issued
by the Pennsylvania Department of Transportation are attached
hereto as Exhibit "D".
WHEREFORE, Plaintiff/Petitioner, Centre Hall Associates
respectfully requests that this Honorable Court:
(1) Schedule a hearing date at least sixty (60) days after
receipt of the instant action so as to allow Plaintiff, Carlisle
Pike Associates, to properly complete all required notice
provisions for advertisement to Defendant/Respondent; and
(2) After such hearing, enter an Order of Court indicating
that the Commonwealth of Pennsylvania, Department of
Transportation may accept the Order of Court as evidence of
ownership in lieu of a Certificate of Title, provided
Plaintiff/Petitioner submits all forms, taxes and fees in order to
receive the appropriate certificate of title for said mobile home.
(3) Any other relief deemed just and equitable.
Date: January !~, 2003
Respectfully submitted,
Carlisle Pike Associates
127 S. Market Street, P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
DATE: January/A/, 2003
Centre Hall Associates
and
EXHIBIT "A"
OWNER
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
JACK E JOHNSTON
93 ULRICH RD
JULIAN PA 16864
11/23/02 '
PAGE 1
LESSEE
023271168000060
: NONE
002
TITLE NUMBER : 66150661
TAG NUMBER :
VIN : CR25273A
MAKE : COMMODORE
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS : YES
STOPS : NO
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
TITLE DATE : 05/20/93
REGISTRATION EXPIRY DATE:
BODY TYPE
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT
VEHICLE YEAR
STOLEN DATE
: MH
~
:
: 1993
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
NARRISBURG~ PA 17106-8691
INFORMATION: (7:00 AM TO 9:00 PM)
IN STATE 1-800-932-6600
OUT-OF-STATE 717-$91-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-619i
WWW.DOT.STATE.PA.US
EXHIBIT "B"
EXHIBIT "C"
Telephone: (717) 097-7050
ANDREW C. SHEELY
ATTORNEY'AT LAW
127 SoutJn Marlaet Street
P.O. Box 95
Mec]Tanicsburg, Pennsylvania 17055
Fax: (7] 7) 097-7005
Jack E. Johnston
93 Ulrich Road
Julian, PA 16844
December 23, 2002
RE: 1993 Manufactured Home
Title Number 46150641
VIN CR25273A
Commodore
Dear Mr. Johnston'
Please be advised that the above-referenced mobile home has been
abandoned for some time and located on the property of my client, Center Hall
Associates, in Centre County, Pennsylvania.
The mobile home is registered in your name with the Commonwealth of
Pennsylvania. As an abandoned mobile home, my client has the right to have the
mobile home towed and removed from the property. Any towing, storing or other
related charges, in addition to the other damages, would remain your responsibility. In
addition, it is possible that other proceedings could be initiated against you for
abandoning a mobile home on another's property.
Please contact me immediately to discuss these matters. If I do not hear from
you on or before December 31, 2002, formal actions will be taken to obtain title to the
mobile home and pursue any and all actions for damages incurred by the abandoned
mobile home.
Very truly yours,
ACS/bmk
Enclosure
c: Centre Hall Associates
ANDREW C. SHEELY
EXHIBIT "D"
~ay-ZS-ZO00 08;4,] From-OFFICE OF CHIEF COUNCIL +71T?051122 T-Hg P.002/003 F-$60
Involuntary Transfer.of Ownership ot: a Vehicle by
Cou rt Order
PURPOSE
This Fac Sheet outlines the proc~;dures that must be followed when applying I:or a
Certtficat of Title involvi~,g the inv(:~luntary transfer of a vehicle's ownership. This
procedu~ involves obtaining a court order and should be Jsed only in those
circumst~ ~ces where it is impossible to 'transfer ownership of a vehicle by the use, of a
Certificat a of Title or Vehicle Manufiacturer Certificate of, Origin. $inca every ~t of facts
and sum ~unding circumstances will !3e unique, a person ~lttemptin!;I to be declared owner
of a vehi~:le where proper ~,vnershil:, d~3cuments are not availab~ ;should seek the a.~vice
of a pr~ate attorney. THE DEPAI~:TMENT WILL N?T OFFER I, EGAL ADVICE
REGARDING THE INVOLUNTARY TRANSFER OF O~INERSI-IIP OF A VEHIICLE.
/
I. A person attempting to obtain ownership of a vehic/e must commence a
proceeding with a court of ~3n'~petent jurisdiction setti~ng forth the facts~ and
circumstances of the case. The ownership of the vehicle will be determi~qed by the
courL Please note that a sample ¢:ou~t order is provided o~ tl~e reverse .,;ida of this
fact sheet. UNLESS THE! COMMONWEALTH C~F: PENNSYLVANIA,
DEPARTMENT OF TRANSPOR"rATION IS THE OWNER OF THE VEHICLE IN
QUESTION, TIlE COMMON~II:,ALTII OF PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION IS NOT AN INTERESTED PA;FrY TO THI,~ COURT
PROCEEDING. TIIEREFORE, THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION SHOULD NOT BIE 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 i[~ the vehicle of the pendency Gl the court proceecling.
The notification must be sent by certified mail, return receipt requested, and mus~
include the following:
(1) A specific description of the vehicle (i..e.; year, make, modst and VIN);
(2) The court of compete,nt Jurisdiction where an acti~c,n will be or has been
filed; and
(3) The time, date ane placa of any court proceedi~!~
AT A MINIMUM, THE NOTICE ML~s'r BE SENT TO THIE PER:SON(S) TO WHO~il THE
VEHICLE IS PRESENTLY TITLED AND REGISTERED AND ENERY LIENHOLDER
THAT IS LISTED ON TIlE T'ITLF RECORD. PLEASE NOTE THAT IF A, PERSON
ATTEMPTING TO BE DECLAREID OWNER OF A VE[HICLE IS UNAWARE OF: ANY
PERSON WITH AN INTERE,~tT IN 'r~E VEHICLE, THE PER,~;ON ATTEMPTING TO
OBTAIN OWNERSHIP OF THE VIEHIICLE MAY OBTAIN A CER'I'IFIED COPY OiF THE
VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL,-135 (REQUES'r FOR
VEHICLE INFORMATION), AND ,~tUBMITTING FORM DL-135 '1tO THE DEPARTMENT
ALONG WITH THE APPROPRIATE FEES.
May 1999 - over
..,.. o, Mo,o, Su..o
P.O, ~x 68~31, NlarH~bu~, PA 1710~80J1
~sit ~ at our ~bsi~ at ~,dot,sulte.~,~ (=li=k on Ofi~r a~l;I '~hlcle Sewi=es)
~ay-25-2~00 Og:~', From-OFFICE OF CHIEF COUNCIL +71~?051122 T-gEg P.003/003 F-~69
3. In the event the notice sent to a person .with an interest in the vehicl:e is returned as "Unclaim~d;"
ihe person attempting to be declared owner of tl'~ vehicle must advertise a legal notice at least
once in the county legal journal(s) and at least orca per week for three corsecutive weeks in the
newspaper(s) of general circulation where any peach known to claim an intere,,;t in the vehicle may
be 1,3cated and where the vehicle is located, if the,,~e two locations are d/flea, r-,t. Please refer to the
Pennsylvania Bar Association Lawyer~ Directory & Produce Guide to determine the appropriate
lega~l journal The advertisement should include the following:
('1) A specific description of the vehicle (i.e_, year, make, model and VI
(;.~) The court of competent jurisdictior~ 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 jurisdic[i,3n enters an order
declaring an individual the rightful own~;r of the vehicJe, the Department ma)~ issue a Certificate of
Title to the person named in the court 0,rder upon receipt of the following:
(1) A certified copy of the court order entered declaring the individual owner of the vehicle;
(2) A notarized statement listing the names and addresses of all person:s notified and how
each notification was servea;
(.3) A copy of the notification sent to all pel~on~ with an illterest in the vehicle, including tl~e
certified mail return receipts;
(4) Copies of newspaper advertisements aln¢l dates published;
(.5) Form MV-1, "Application for Certificate of'ri'tie," and check or money ¢,rder payable to the
Commonwealth of Pennsylvania.
Unless the petitioner can claim a Sales Tax Exemptior~, ..;ales tax must be [)aid on the Fair Market Value
of the vehicle as listed in a current edition of a Department-approved publication A,;)oroved Department
publication,s include ttle following: N.A.D.A., The Automobile Red Book, The B/ack El(~k Official Used Car
Guide, American Used Car Guide, and The Kelley Blue Etook Used Car Guide.
SAMPLE COURT ORDER
AND NOW, this ... day of , 19 __, after 'easonable notice
and an Ol:,portunity for hearing having been prove:led 1!o all interested parties, the Court hereby
awarcls ownership of one 19 .... [make], [n3odel], bearing vehicle i(:le~'~tiflcation number
to [name of appticanl], and the rt.(Iht, title
and interest of any other person to said vehicle is hereby extinguish,ed. The Commonwealth of
Pennsylva~nia, Department of Transportation may accept this order a~s evidence of ownership in
lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms taxes and fees ~nd
comply with any other procedures of the Commonwealth of Pennsylvania, Depart~nent of
Transportation in order to receive the appropriate C~rtificate of Title for said vehicle.
BY THE COURT:
Judge
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RUSSELL C. GOODLING, t/a
and d/b/a CENTRE HALL
ASSOCIATES,
Plaintiff/Petitioner
VS.
JACK E. JOHNSTON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03 - 133
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
NOW, this /~'; day of '~,?t~Z~-t~, 2003, upon
AND
consideration of the attached Petition for Involuntary Transfer of
Ownership of a Vehicle by Court Order,
hearing on this matter is set for the
2005, in Court Room No. ~ , at
it is ORDERED AND DECREED that a
~ day of ~?~t~ ~ ,
9; 6;~J o'clock ~J M.
Counsel for Plaintiff is directed to direct Notice of this Hearing
to Defendant/Respondent at his last known address by certified mail,
return receipt requested and by regular mail and, if such notice is
unclaimed, advertise Notice of such hearing once per week for three
consecutive weeks, all in accordance with the requirements of the
Pennsylvania Department of Transportation.
Andrew C. Sheely, Esquire
Attorney for Plaintiff
BY THE COURT,
.~
RUSSELL C. GOODLING, t/a
and d/b/a CENTRE HALL
ASSOCIATES,
Plaintiff/Petitioner
VS.
JACK E. JOHNSTON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03 - 233
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this ~ F~ day of March, 2003, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1993
Commodore Mobile Home, Title Number 46150641, VIN CR25273A, to
Petitioner, Russell C. Goodling, t/a and d/b/a Centre Hall Associates,
and the right, title and interest of any other person to said
vehicle/mobile home is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this Order of
Court as evidence of ownership in lieu of 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/mobile home.
Andrew C. Sheely, Esquire
Attorney for Plaintiff
BY THE COURT,
Se