HomeMy WebLinkAbout99-02603
:
III Re: TITLE TO 1963 NEW MOON : IN THE COURT OF COMMON PLEAS OF
MOBILE HOME UNIT : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN REPLEVIN
: NO. 99- ;2l.oD:?> 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 fonh against you. Y Oll
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 imponant 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
TELEPHONE: 717-249-3166
AMERICANS WlTH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accomodations available to disabled individuals having business
bcfore the cnun, please conI act our office. All arrangements must be made at le~st 72
hours prior to any hearing or busincss before the coun. You must attend the scheduled
conferencc or hearing.
:
In Ik TITLE TO 1963 NEW MOON
MOBILE HOME UNIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN REPLEVIN
NO. 99- J,\.Q\)~ Civil Term
COMPLAINT FOR DECLARATORY JUDGMENT
AND NOW comes J. Lester Stone, by and through his attorney, Robert G. Frey,
Esquire, and states as follows:
I. Petitioner is J. Lester Stone, an adult individual, of Penn Township, Cumberland
County, Pennsylvania (mailing address: 1642 Pine Road, Carlisle, PA 17013).
2. Petitioner claims possession of and is the owncr of a certain 1963 New Moon mobile
home, vehicle identification number unknown, Registration number unknown, togethcr with the
fixtures and appliances belonging thereto, which mobile home is believed to be titled in the name of
J. Lester Stone, Petitioner hcrein.
3. Said mobile home has been located on the premises known as Peipers Court, Lot 14,
West Pennsboro Township, Cumberland County, Pennsylvania for at least the last eight years.
During that period of time, Petitioner has been responsible for and has paid all of the lot rent for the
mobile home. A copy of the Cumbcrland County Assessmcnt Record Card is attached hereto and
incorporated herein as Exhibit "A".
4. For at least the last cight years. Petitioncr has has bccn the registered owner of the
mobile home on tax assessmelll rccords and has paid all of thc taxes assessed fOrllle mobile home.
5. Petitioner is unaware of any person having ,111 interest in the mobile home adverse to
Petitioner, or having any possessory rights to the mohile home.
6. Petitioner has agreed to sell the mobile home and requires the title for its transfer.
7. After reasonabie invcstigation, Petitioner is unable to locate the original title or any
copy of the title to the mobile home. Pctitioner believcs the title to be lost or inadvertemly
destroycd.
N. After rcasonable i:lVl'stigation. Petitioner is unable to locate a vchicle idelllification
numbcr or registration numher I,)r the mohile home.
<). Pctitioner has becn advised by Ihc Pcnnsylvania Dcpal1ll1cnt of Tr,lI1spol1ation thaI a
lk':(..'l;.:r~.1tory ju:Jgn~.:n1 findii,g the iil0hih= home fl1 he Pctilioncr\j propeny \\till he' n(.~cC'ssJ.ry f()f him
to oorain a cCl1ificate oftitlc lilHllthe I'cnnsyl\'ani;1 Depal1ll1cnt of Trampol1ation.
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In Re: TITLE TO 1963 NEW MOON
MOBILE HOME UNIT
IN THE COURT OF COMMON PLEAS OF
CUMIlERLAND COUNTY, PENNSYL V ANI;\
CIVIL ACTION - LAW
IN REPLEVIN
NO. 1)9-2603 Civil Term
AFFIDA VIT PURSUANT TO Pa.R.C.P. 430
AND NOW, this June 29, 1999, I, Robert G. Frey, Attorney for J. Lester Stone,
Plaintiff in the above-captioned matter, hereby swear that I have mad,~ investigation to determine
the whereabouts of anyone having an ownership interest in the above-captioned mobile home,
and have been unable to determine the identity of any person having an ownership interest in the
mobile home.
My investigation entailed the following:
I . r examined the property record card for the mobile home as maintained by the
Cumberland County Tax Assessment Office. J. Lester Stone is listed as the owner. The date of
transfer to.l. Lester Stone precedes the Assessment Office's keeping record of dates of transfer
or the information was not provided to the Assessment Office. Rae Mallein is listed on the
Assessment Records as being the person who transferred the mobile home to J. Lester Stone.
2. I examined the Cumberland County tclcphone directory for any individuals named
Rae Mallein. There is no listing for anyone by the name of Rae Mallein.
3. 1 sent a letter by regular first class mail addressed to the resident of Lot 14, Peipers
Court, a copy of which is attached hereto as Exhibit "A", asking them to contact me if they had
an ownership interest adverse to the Plaintiff or knew of anyone having an adverse interest.
They have made no contact as of this date. The envelope has not been rcturned and is assumed
to have been delivered.
4. I contacted thc owner of the park in which the mobile home is located, Leroy E.
Peiper. He informcd mc that J. Lestcr Stone has bccn the owncr of the mohile 11Om,~ for 7 to H
years. It is his recollection. contrary 10 the Assessmenl Rccords, that the 11l('.bile home was
transferred 10 J. Lester Stone hy Leroy Peiper's father who is now deccased. Leroy E. Pcipcr
AFFII>A VIT