HomeMy WebLinkAbout03-3506ROBERT E. GOODLING, :
Plaintiff/Petitioner :
VS.
DAVID P. TROUTMAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Date: July Z~ ,
CUMBEP~LAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
ROBERT E. GOODLING, :
Plaintiff/Petitioner :
vs. : 03- 5-OC=
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID P. TROUTMAN, :
Defendant/Respondent : CIVIL ACTION - INVOLUNTARY
: TRANSFER OF MOTOR VEHICLE TITLE
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP
VEHICLE BY COURT ORDER
Robert E. Goodling, Plaintiff/Petitioner, by and through
counsel of Andrew C. Sheely, Esquire, hereby files this Petition
for Involuntary Transfer of Ownership of a manufactured home by
Court Order in accordance with procedures required by the
Pennsylvania Department of Transportation, respectfully stating as
follows:
1. Plaintiff/Petitioner is Robert E. Goodling, an adult
individual with an address of 258 W. Baltimore Street, Carlisle,
Cumberland County, Pennsylvania, 17013.
2. Defendant/Respondent David P. Troutman is believed to be
a deceased adult individual with a last known address of 365
Pleasant View Drive, Etters, PA 17319.
3. Plaintiff is the owner of a mobile home park known as
Pleasant View located in York County, Pennsylvania.
4. For the past several months, a 1977 Vista manufactured
home, Title Number 29443598106 TR, Vin Number 201777 has been
abandoned on Plaintiff's manufactured home park located in the
manufactured home community known as Pleasant View.
5. The above referenced manufactured home is registered with
the Department of Transportation in the name of Defendant. A copy
of the title is attached hereto as Exhibit "A".
6. Efforts by Plaintiff to seek a voluntary transfer of
title, obtain title through a sheriff's sale through a judgment
have been unsuccessful as it is believed that Defendant is
deceased and his next of kin have not opened or filed an Estate.
7. Plaintiff believes that no estate will be filed by the
next of kin, heirs or executors of the believed decedent.
8. On or about June 20, 2002, Plaintiff obtained the title
from the prior lienholder indicating that a lien held by Green
Tree Consumer Discount Co. has been satisfied and the title
remains in possession of Plaintiff.
9. As a result of the believed death of Defendant David P.
Troutman and the lack of any Estate filed in the County of the
decedent's last known address, Plaintiff has been unable to move
the home from its current location or secure title through regular
methods of judicial process.
10. The abandoned manufactured home has caused Plaintiff to
unreimbursed lot rents and moving the manufactured home to a
separate location will cause Plaintiff to incur unnecessary moving
and storage costs.
11. Plaintiff desires to obtain title to the above-described
manufactured 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 and
liability issues.
12. 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 "B".
WHEREFORE, Plaintiff/Petitioner, Robert E. Goodling
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 manufactured
home.
3
(3) Any other relief deemed just and equitable.
Date:
July 13 , 2003
Robert E. Goodling
127 $. Market Street, P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
4
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
DATE: July Z~, 2003
EXHIBIT "A"
DEPARTMENT OF TRANSPORTATION
CERTIFICATE ,OF TITLE FOR A VEHICLE
9~ ~s~ oo4 lOO4 ~4 ~-OOl
I 77 I VISTA
1/20/99
ODOMETER DISCLOSURE EXEMPT BY FEDERAL LAW
DAVID P TROUTMAN
365 PLEASANT VIEW DR
ETTERS PA 17319
GREEN TREE CONSUMER
DISCOUNT CO
~
14~ Co~umer Discount Company
~ ~m T~ ~umer Oi~unt Company
GREEN TREE CONSUMER
DISCOUNT CO
[05 BRADFORD BLDG [[~
~ 200
WEXFORO PA 15090
f 2944~59~106 TR
EX~I"P T 4
BRADLEY L MALLORY
MO¸
EXHIBIT "B"
;r~m-O;FICE O; CHIEF COUNCIL +?]~?051122 T-H,g P.OOZ?O03 F-660 ~<~'
Involuntary Transfer of Ownership ot: a Vehicle by
COu rt Order
PURPOSE
This Fa~t Sheet outlines,the prec~;d~,re$ that must be followed when applying [or a
Certifica~ of Title involwn.g the in.v. c31untary transfer of a vehicle's ownemhip. 3'his
proceclu~le involves obtaining a ~.ourt order and should b~.~ Jsed only in those
circumstances where it is impo~ssible I~ 'lransfer ownemhip of a vehicle by the use of a
Certificate of Title or Vehicle Manufacl;ur,er Certificate of Origin. Sir~ce eve~ s,~t of facts
and s~rreunding circumstar~ces will !3e unique, a person attemptin!;) to be declared owner
of a vehicle where proper ownershil:, documents are not available, ~shouid seek I:he advice
of a private attorney. THE DEPAF~TMENT WILL NOT OFFER LEGAL ADVICE
REGARpING THE INVOLUNTARY TI;~ANSFER OF OWNERSHIP OF A VEHICLE.
pROCEDURES
1. A person attempting to obtain ownership of a vehicle must commence a
proceeding with a court of ~3n'~petent jurisdiction setti~ng forth the facts~ and
circumstances of th~; case. The ownership of the vehicle will be determined by the
court, Please note that a sample cou~t order is provided o~1 tile reverse side (~f this
fact sheet, UNLESS THE COMMONWEALTH C~)F PENNSYLVANIA,
DEPARTMENT OF TRANSPOR'I'ATION I$ THE OWNER OF THE VEHICLE 1N
QUESTION, THE COMMOI~P, ltT;JkLTH OF PENNSYLVAHIA, DEPARTMENT OF
TRANSPORTATION IS NOT AN INTERESTED PAF;?rY TO THIS C()URT
PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLV,~.NIA,
DEPARTMENT OF TRANSPORTATION SHOULD NOT BIN A NAMED PARTY IN
THE PROCEEDING.
2. A person attemptln.~t to be declared owner of a vehicle b'~/court order must notify
all persons with an interest ir3 the vehicle of the p~ndency of the court proceeding.
The notification must be sent t:,y certified mail, return receipt requested, and must
include t~e following:
(1) A specific description of' the vehicle (i~e.; year, make, model and VIN);
(2) The court of co~pets,nt Jurisdiction whe~*e an a~:~i~c,n will be or has been
filed; and
(3) The time, date an~ place of any court p~oceedin!~
AT A MINIMUM, THE NOTICE Mus'r ~]E SENT TO THIN PER:;,ON(S) TO WHO~ THE
VEHICLE IS PRESENTI,.'f TITLED AND REGISTERED AND EVERY LIENHOLDER
THAT IS LISTED ON THE TITLI=. IRE, CORD. PLEASE NOTE THAT IF A, PEt.~SON
ATTEMPTING TO BE DECLAREiD OWNER OF A VEHICLE IS UNAWARE OF: ANY
PERSON WITH AN INTEREST IN 'I'PdE VEHICLE, THE PERSON ATTEMPTING TO
OBTAIN OWNERSHIP OF THE VlEHIICLE MAY OBTAIN A CEETIFIED COPY OiF THE
VEHICLE'S COMPUTER RECORD I;3Y COMPLETING FORM DL.-135 (REQUEST FOR
VEHICLE iNFORMATION), AND .c~UBP, IIITTING FORM DL-135 ~ro THE DEPARTMENT
AL. ONG WITH THE APPROPRIATE FF. ES.
May 1~9 - over
Bureau of MOtOr Vehicles - Re,,;earch end Support Ope[~a~t~ons Sectio~t P.O, Box 65~31, Hlarrlsb~4rg, PA
V~it Us at our webai~ at w,.vw, dot.st:tte.pi,tJ~ {~liok on Driver a;tci
~ay-Z5-2000 ~g:47 From-O~FIOE OF CHIEF COUNCIL +71~705112Z T-Hg P.003/003 F-6~0
In the event the notice sent to a person1 With am .interest in the vehiCl:e is ret~Jmed as "Unclaim,~d;".
ihe person attempting to be declared owner of the vehicle must advertise a legal notice at I~ast
onc~s in the county legal journal(s) and at least once per week for three consecutive weeks in the
newspaper(s) ofgeneral circulation where any pemon known to claim an intere~;t in the vehicle may
be located and where the vehicle is located, if the.~;e two locations are diffem, n,t. Please refer ~o the
Pennsylvania Bar Association Lawye~ Directory & Produce Guide to detert'~i~e the appropriate
lega~l journal The advertisement should include the following:
('1) A specific description of the w;hicle (i.o., year, make, model and VI
(;.~) The court of competent jurisdiction where an action w/Ii be or has been filed; and
(3) The time, date and place of any court proceeding
4. Wh(m the above procedure is followed and the co~urt Of competent jurisdic[i,313 enters an order
declaring an individual the rightful own(;r of the vehicle, the Departm~n~ ma~,~ 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 oi the w~hicle;
(;!) A notarized statement listing the names ~md addresses of all person:~ notified and how
each notification was se~ed;
(3) A copy of the notification sent to all persons with an interest in the vehicle, including the
certified mail return receipts;
(,l) Copies of newspaper advertisements ~ln¢l dates published;
Form MV-I, "Application for Certificate of Ti'tie," and check or money order payable to the
Commonwealth of Pennsylvania.
Unless the petitioner can claim a Sales Tax Exemptior,, .,;shes tax must be paid oi~ th~; Fair Market Value
of the vehicle as listed in a current edition cfa Department-approved publication. A,paroved Department
publication,s include the following: N.A,D.A., The Automobile Red Book, The Black B(~k Off/cia/U'~ecl Car
Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide,
SAMPLE COUI{T ORDER
AND NOW, this day of , 19 , after 'easonable notice
and an ol:portunity' for hearir{~J' having been provided ~o all interested-parties, the Court hereby~
awards ownership of one 19 ~, [make], [n3odel], bearing vehicle identification number
__~ to [name of applicant], and the ri.qht, title
and interest of any other person to said vehicle i.,~ 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 ~iaxes and fees e~nd
comply with any other procedures of the Commonwealth of Pennsylvania, Departn~ent of
Transportation in order to receive the appropriate C~rti'l~cate of Title for said vehicle.
DY THE COURT:
Judge
ROBERT E. GOODLING,
Plaintiff/Petitioner :
VS. :
DAVID P. TROUTMAN, :
Defendant/Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03 - J 'o &
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this ~ _ day of ~ , 2003, upon
consideration of the attached Petition for Involuntary Transfer of
Ownership of a Vehicle by Court Order,
hearing on this matter is set for the
2003, in Court Room No. ~ , at
it is ORDERED AND DECREED that a
day of J~'~t,~ ,
o'clock ~ 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/restricted delivery 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,
ROBERT E. GOODLING, :
Plaintiff/Petitioner :
VS.
DAVID P. TROUTMAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03 - 3506
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORD~.R OF COU_RT
AND NOW, this ~F day of October, 12003, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1977 Vista
Manufactured Home, Title Number 29443598106 TR, VIN 201777, to
Petitioner, Robert E. Goodling, 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,
Je