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MECHANICSBURG, PA 17055 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: #' OJ Name: Hon THOMAS A. PLACEY Add'"'' 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. 17050 DEFENDANT: 'BROOKS, EDWARD 7073 CARLISLE PIKE LOT #73 ~LISLE, PA 17013 Docket No.: LT- 0000536 - 03 Date Filed: 10/10/03 NAME and ADDRESS T,I'pho", (717) 761 ^ 8230 I DUSTIN RHODES 814 SOUTH YORK MECHANICSBURG, ST. PA 17055 ~ - li" i' .. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered for: (Name) RHODES, DUSTIN Judgment was entered against BROOKS, EDWARD [i] Landlord/Tenant action in the amount of $ 693.00 on 10/21/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 . Total Amount Established bIL OJ Less' Security Deposit ApQ.li~d _ = Adjudicated AmouBb Rent m Arrears $ 600.00 -$ .00 - $ 600. Physical Damages Leasehold Property $ .00 - $ .00 = $ .00 Damages/Unjust Detention $ .00 - $ _ 00 = $ .00 Less Amt Due Defendant from Cross Complaint $ .00 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ 600.00 Judgment Costs $ 93.00 Attorney Fees $ . 00 Total Judgment $ 693.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ [!] Possession granted if money judgment is not satlstled by time ot eViction, D Possession not granted, D Defendants are jointly and severally liable. in a (Date of Judgment) 200.00. D D D Attachment Prohibited/ 42 Pa.C.S. S 8127 This case dismissed without prejudice, Possession granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, 11)\ 2.1 \ 03 Date ~ /? ~ , District Justice II cert~y th~t this is a true and ~rrect copy of th~ 1~,J <.If he fJlu"f'JrrlQr .c.Q.ntaming the judgment. I 10 \ ~ 1 \ b3 Date -- t) _ J , District Justice Mv commisSion expires first Monday of January, 200V SEAL AOPC 315A 03 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 LANDLORD AND TENANT COMPLAINT ~D~~7:'~ ~ l;EZ~ESS .1/ If .b yo ~ K s-t .A/I ee.k '? ct.. L f 70 b.!{ I Mag. DisI.No.: OJ Name: Hon. THOMAS A. PLACEY Add""" 104 ,S'; SPORTING HILL RD. MECHANICSBURG, PA -1 VS. 17050 DEFENDANT: NAME and ADDRESS I Ev WIJf(D 81(001(S I /.O-rp;- 13. J-fl.1g"15,/\to BtL-e....t-fo.<<e L p,MlK 7073 CA'K.LI'7t.e?/1{ e.- I t 7 I D..73 ..J Docket No.: t.-'f _531.-v?> Date Filed: I 0 \ I" \ c,3 Amount ''iJ 150 Filing Costs $ Postage $ Service Costs $ Constable Ed. $ Total $ 20, IJb 5./rb QSI.1D T..phooo (717) 761- 8230 T9 THE DEFEt:JDANT: The above named plaintiff(s) dIlks judgmenl'together with costs against you for . the possession of real property and for: Lease is [g1lesidential 0 Nonresidential. o Damages for injury to the real property, to wit: in the amount of: $ o Damages for the unjust detention of the real property in the amount of . $ ~nt remaining due and unpaid on filing date in the amount of $ G, 0 6 , 00 o And additional rent remaining due and unpaid on hearing date $ THE PLAINTIFF FURTHER ALLEGES THAT: T . $ /f ^ otal:,(s) ($>0. u 0 1. The iocation and the address, if any, of the real property is:to1'" P 73 j.et 'Brt;, .tkn. i'-e PAR K 2. The plaintiff is the landlord of that property. 3, He leased or rented the proPerty to you or to fn,. J A. R.. 0 R'K "" ,,~( -S under whom you claim, 4. 0 Notice to quit was given in accordance with iaw, or o No notice is required under the terms of the iease, 5. 0 The term for which the property was leased or rented is fully ended, or [j1(iorteiture has resulted by reason of a brEjPch of the conditio~ of the lease, to wit: tI A~ rl+/t..€-J. fOA..A./4Kr"" J;:el-l-r Pfr/.().Q..;V-rS or, ~nt reserved and due has, upon demand, remained unsatisfied, 6, You retain the real property and refuse to give up its possession, I, 1.) /) c,'ft AI cj( ho j e.S verif are true and correct to the best of my knowledge, information and penalties of Section 4904 of the Crimes Code (18 PA, C, S, ~ 4904 omplaint ect to the o authorities, <~A-- (Plaintiffs Attorney) (Address) (Phone) IF YOU HAVE A DEFENSE to Ihls complaint you may present it at the hearing. IF YOU HAVE A CLAIM againsllhe plalntlfl arising out of the occupancy 01 Ihe premises, which is In Ihe dlstricl Justice jurlsdlcUon and which you Inlend to assart althe hearing, YOU MUST F!LE lion a complaintlorm at this olflce BEFORE THE TIME set lor the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgmenllor possesSion and costs, and lor damages and renl il claimed, may nevertheless be enlered against you. A JUdgment against you lor possession may resultln your EV!CTION'from the premises. If you are disabled and require a,reasonable accommodation to gain access to the Magisterial District Court and Its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 31 QA-02 Remarks and summary 01 testimony may be recorded on reverse side. (,.., Q _.,- ::-) '.J -"~ .~ MV-217 (09-01) r! Commonwealth of Pennsylvania BUreau of Motor Vehtdes . P.O. BOX 68672 HARRISBURG, PA 17106-8672 APPLICATION FOR CERTIFICATE OF TITLE AFTER DEFAULT BY OWNER .. FOR DEPARTMENT USE ONLY ... NOTE: When default occurs. the following three options are available for obtaining a certificate of title. Form MV-1 must be properly completed and accompany this application in all cases. o 1. Judgment and execution CHECK APPROPRIATE BLOCK below indicating which option you are proceeding under: ~ 3. Court Order B~~~. 02. Non-judicial sale or repossession and retention (UC.C.) I ~gUl~r 1 r" 0'7 /r R R I o;crrl"cC;;olNtb; 1<: FOLLOW THE INSTRUCT Ni liE APPLICANT LISTED ON ORM MV-1 W FOR THE APPROPRIATE BLOCK CHECKED ABOVE AND THE UST SIGN THE APPLICATION BELOW. OPTION 1 - JUDGMENT AND EXECUTION The purchaser at the sheriff's or constable's sale may obtain certificate of title upon presentation of all the following items: . Certified copy of the judgment and writ of execution, or the court order of sale. . Bill of sale from the sheriff, constable or other duly authorized executing officer showing the date of sale, name of purchaser, make and VIN of vehicle. . Documentation that any existing lien is satisfied. OPTION 2 - NON.JUDICIAl SALE OR REPOSSESSION & RETENTION (Uniform Commercial Code) Certificate of title will be issued in the name of the purchaser at the sale (who may be the lienholder) upon receipt of the following: . The certificate of title when a lien is recorded on the title OR the original or an acceptable copy of the filed financing statement. . The original or an acceptable copy of the agreement which is the basis of the right to repossess. . The original or an acceptable copy of the notice of intention to sell, mailed to the debtor. ( i) If a public sale, the notice must set forth the time and place of the sale. ( ii) If a private sale, the notice must set forth the time after which the sale is to be made. . Bill of sale showing the date of sale, name of purchaser, make and VIN of vehicle, if the purchaser is not the lienholder. OPTION 3 - COURT ORDER - (NOTE: A sample court order is printed on the back) Certificate of title will be issued upon receipt of the following items: . A certified copy of an order of a Court of Common Pleas listing the make and VIN of the vehicle and naming the person to whom the court awarded ownership of the vehicle and proof that notice of the Court of Common Pleas proceeding was given to the prior owner and any other person who had an interest in the vehicle. . If the original certificate of title is available, it must be attached to your application and court order. If the title is not available, documentation must be included explaining why the title is not attached. NOTE: In questionable cases, the Department may require the applicant for certificate of title to execute an indemnification agreement, or other forms as necessary. I/We hereby make application for a certificate of title and certify under penalty of law that I/we have complied with the appropriate instructions listed on this form and have acted in accordance with the law. / C~ ' -"'), -A" , ( ..- , K J{ I~ I r Appli ant 1/--;7-Q..:::; . Date NOTE: THIS IS ONLY A SAMPLE. A certified copy of the original is required under Option 3 on the front of this form. SAMPLE COURT ORDER AND NOW, this day of , 20 , after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1 g _, [make], [m~det:learing vehicle identification number ~.o~~name of applicant], and the right, title and interest of any r . It["" said vehicle is hereby extinguished. The Department of TransportatiS~ ept 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 Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: , Judge C', coo -.-, . , :~.-) "j DUSTIN RHOADES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW EDWARD BROOKS, Defendant NO. 03-6121 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of December, 2003, upon consideration of the Petition To Obtain Title filed in the above-captioned matter, and it appearing that the action has not been commenced in accordance with Pennsylvania Rule of Civil Procedure 1007, that a complaint in proper form has not been filed in accordance with Pennsylvania Rules of Civil Procedure 1019 and 1022, that Defendant has not been served, and that Defendant has not been given an opportunity to file preliminary objections or a responsive pleading to the complaint, in accordance with Pennsylvania Rules of Civil Procedure 1028 and 1029, Petitioner's request for a hearing is denied, without prejudice to his right to file a complaint, secure service upon Defendant, and proceed in accordance with the Pennsylvania Rules of Civil Procedure. Cf West Pennsboro Township v. Wilson, No. 03- 2768 Equity Term (Hess, J. June 20, 1002) (copy attached). BY THE COURT, /Dustin Rhodes 814 S. York Street Mechanicsburg, PA 17055 Plaintiff, Pro Se " t()P~)qA- rtl Rfu ^ J~-03-03 "0 VlNVA1J-SNN3d JJNnOJ n'.r'r.\:lj8y~O B I :2 Wd 8 - J3Q to }.,lJ',.ilC",i'''':'j'i i~l.' '10 .ay, .1 ~V. I.l.V'_ ~, ..1 I. 38U~.o-D:n\~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, CIVIL ACTION - LAW Plaintiff vs. NO. 03-6121 EDWARD BROOKS, Defendant 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 defense 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIOF ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 By: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, Plaintiff CIVIL ACTION - LAW VS. NO. 03-6121 CIVIL TERM EDWARD BROOKS, Defendant COMPLAINT FOR INVOLUNTARY TRANSFER OF OWNERSHIP 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Edward Brooks, an adult individual currently residing at 4800 Trindle Road, NAPA Transpo:ctation, Mechanicsburg, Pennsylvania, 17050. 3. On September 20, 2002, Plaintiff sold the Premises (as defined in Paragraph 4) to Defendant. A true and correct copy of the Agreement of Sale is attached hereto, marked Exhibit "A", and made a part hereof. 4. Plaintiff has a perfected security interest and is listed as a lienholder on a 1977 Hillcrest Mobile Home ("Premises") with the VIN 02ll0224K. A true and correct copy of the Certificate of Title for a Vehicle lS attached hereto, marked Exhibit "B", and made a part hereof. 5. The Premises were conveyed by Plaintiff to Defendant with the stipulation that if Defendant fails to timely make payments on the Premises, including lot rent, in any given month, the sale of the Premises will be rendered void. 6. Defendant failed to make timely payments for both the Premises and lot rental. 7. On or about October 10, 2003, Plaintiff commenced an action against Defendant for Recovery of Real Property. 8. On or about November 21, 2003, Leiby's Mobile Home Park, 7073 Carlisle Pike, Carlisle, Pennsylvania, 17013, commenced an action against Defendant for failure to pay lot rent. 9. Defendant has since vacated and abandoned the Premises. 10. Plaintiff now wishes to exercise his right as a lienholder and obtain possession of the Premises. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer title of the 1977 Hillcrest Mobile Home into Plaintiff's name only. REIDENBACH, HENDERSON & PECHT 'y' 1(0,~,g"ice Attorney 1.0. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Dated: April 30, 2004 Attorney for Plaintiff VERIFICATION I, Dustin Rhodes, an adult individual, acknowledge that: 1. I am the Plaintiff named herein; 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, in:oormation, and belief; and 3. subject unsworn I am award that false statements herein are made to the penalties of 18 Pa. C.S. Section 4904, relating falsification to authorities. to Dated: Aflr.\ 3:>\ 0b::H c;J ; L11.t.{{tbiJe~ Dustin Rhodes ~ 00 00 o o o U1 CJ) . (TYPE OR PRINT) Certificate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehiqle for resale. WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECTION WITH THE TRANSFER OF OWNERSHIP. FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. IMPORTANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an Issuing agent who is licensed liS a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturers, Dealers lmd Salespersons, or its employee is acceptable. The signature and printed name of the issuing agent or the issuing agent's employee, date of verification, the issuing agent/licensed dealership's dealer identifi- cation number (DIN) and business name, must be listed In the space provided for notarization. Vehicle seller and purchaser must sign only In the presence of an officer empowered to administer oaths or a!, authorized agent as identified above. I ' , P')?~ I. i .1l0 '1}d/~ ~& II I /. t1 rtl (),,'" #./....,.J o10d. tJo c:f'n) I. ". U ~:.tt7p,/~?U~ h-n , ~~~~/l7~~#-/{~ ~t~~ ian:J, ,~~d~~~~~ ~ ~-V>~M-> ~k:J:v.) ~ A.h?'~A>J2.</.,'c~J,), 0 ,[ - ~~~~chcL, 15~, I a ~~ k ~.d- thv ldJI,_ .&J.,(k . I ~/i;-J/tf,OGJ-#-' j" ~ i f~ ,jJ~/MzfL ~~k ~~ ~ ' , I i S~rrk i /.lye ue ,);:, NotanJ Public . ,,,(-'., i n~,,-jr!3.Jld County . . ....,~ .... ." r' er, Pennsylva.nia Associatj;n 01 Notaries CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward Brooks 4800 Trindle Road NAPA Transportation Mechanicsburg, PA 170 Dated: April 30, 2004 0 '"'" c ''''' ~ = -'="' =1: --t :r-'"'" I:n -< n1 I :g~ w ~{ -u " , 3: 6:!J - 7"0 ~ W rro ,-l :-1 -<. = 51 I.D -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, CIVIL ACTION - LAW Plaintiff vs. NO. 03-6121 EDWARD BROOKS, Defendant TO: EDWARD BROOKS DATE: JUNE 2, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCI1\TION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166 "m'"J^i' ".,~. ,,,,, By: fV~V11= Way e M. Pecht, Esqulre Attorney I.D. #38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9808 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward Brooks 7073 Carlisle Pike Lot 73 Carlisle, PA 17013 June 2, 2004 Edward Brooks 4800 Trindle Road NAPA Transportation 'eo"""'o"b"'" tl' ~ Wayne M. ~ Esquire C) c;; -:.' (,'-; r,11" , :c: ,": ' U,:'_ r:-:..: ).,"," ('-.. -/ ~ r-.> cc> = ...- c_ c: :;';,:P;: o -n --, :r: -.p rnr:- ~rn ~~.:IJ ~~.,~ ;::,S?~ ~5[;~ ---1 1 .<:"" -0 -.J >:) -< DUSTIN RHODES, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW NO. 03-6121 EDWARD BROOKS, Defendant Motion To Extinf!uish Ownership And Transfer Title AND NOW, this 16th day of November 2004 comes the Plaintiff by his attorney, Wayne M. Pecht, Esquire, and moves this Honorable Court as follows: 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Edward Brooks, an adult individual whose last known address was 7073 Carlisle Pike, Lot 73, Carlisle, P A 17013. 3. On September 20,2002, Plaintiff sold the Premises (as defined in Paragraph 4) to Defendant. A true and correct copy of the Agreement of Sale is attached hereto and marked as Exhibit" A" and made a part hereof. 4. Plaintiff has a perfected security interest and is listed as lien holder on the title to a 1977 Hillcrest Mobile Home ("Premises") with the VIN 0211 0224K. A true and correct copy of the Certificate of Title for a Vehicle is attached hereto and marked as Exhibit "B," and made a part hereof. 5. The Premises was conveyed by Plaintiff to Defendant with the stipulation that if Defendant failed to make timely payments on the Premises, including lot rent, in any given month, the sale of the Premises would be rendered void. 6. On or about October 10, 2003, Plaintiff commenced an action against Defendant for recovery of real property for non-payment of amounts due Plaintiff. 7. On or about November 21,2003, Leiby's Mobile Home Park, 7073 Carlisle Pike, Carlisle, Pennsylvania, 17013, commenced an action against Defendant for failure to pay lot rent. 8. Defendant has since vacated and abandoned the Premises. 9. Defendant was served with a copy of Plaintiff s Complaint For Involuntary Transfer Of Ownership but has failed to respond. A copy of the Complaint for Involuntary Transfer of Ownership is attached hereto as Exhibits "C"and incorporated herein by reference. 10. Defendant was served with the 10 Day Default Notice by certified mail return receipt requested, a copy of the Notice and the return receipt card are attached hereby as Exhibits "D" and "E" respectively and are incorporated herein by reference. 10. Defendant has previously told Plaintiff that Defendant is willing to sign a document waiving any and all of his interest in said 1977 Hillcrest Mobile Home; however, Defendant has on repeated occasions failed to return phone calls from Plaintiff when called in an effort to set a time and date and place to have Defendant sign the Waiver. 11. Pursuant to Pennsylvania Department of Transportation (PENDOT) requirements, Plaintiff has notified all persons with an interest in the vehicle by mail, return receipt requested, providing all required information. 12. Further, pursuant to PENDOT requirements Plaintiff advertised a legal notice in the appropriate publications for the appropriate amount of time with the appropriate information included. A copy of said publication is attached as Exhibit "E" and incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests this Honorable Court to extinguish any and all right and interest of the Defendant in the herein described vehicle and grant ownership of same to Plaintiff, Dustin Rhodes. Respectfully submitted, PECHT & ASSOCIATES, PC Date: November 16, 2004 By: t{~t'E~r Attorney No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4917 717-691-9809 1. ',' :4~ ,~i - . ~~-t~O/~~--tJ /ff1;i1/ed ~~ : -~~~~ V 17/rt;J~~47fJ~ ~ ,,)[jJ-t~#{~, awb~~~, " fin; ~ /h,~j /?&IMcf UdJ , k(Y~-f " " '~~ /S'~/4Y~Njl--l:,,-~&' , ~ ~ ra~~~ ~~d'I/~aJ~~ff . ~ ~/~ . ~ , ~ ~;yr ~..,..,..,.. .... . " - . . ! :JL~~~A~~/!~/~t~~ I~~ ~~;a~J4VND) I ~ "A/~/p~~~~ ~ ~~-? ~A:Jw ~~~d>~.k>~a/J' , , ;;fdAeL.-u~A~~+~z:,~,a-I, !.ak--'r~~~~fl<j-;Sr' , ' :a~~~~~~Zn!$~ . 'ff /~.s-W,cfJ J~~0~' .h-J ; ~ .j)IPLth1U- (!~ ~ ~ ~, d~ h-en ~~?-o - , , , fl'" ," " . . ~. , 0'-"""''': , , . .. - . . . ' --- f:." ~~ (y/~ ' ill':::;~BIIE~~V~:,:"" , us , ci);:,. Notarv Public . : "j.J. :.. ln~,,;rl$;ld County . _,. . J~ "~'n"\jc-('_ . ~v~~r:~::::~ "f~ I")~~ 7J e>-n ~ ~er, Pennsylvania Association of Notaries !_S//V~JTk i &yrr/.;< , d._ ..r //~.. i , . / sLI-z::; if WI+rJ Gp-S" . . I ! , i I i. ~' .. '.1 p CD '00 o o (:) U1 OJ :i.12; " 1-= . . . ...-.. ...; . -., ...-......C!l~=--.ll....)T .., ... -... oJ",; . -"--- - I. . --~ ;;'V .1If~~:fmft(m1!~~I;1U.~'t1fr:l~"I~imll~:;.I.1!mli}t;~~.~ym3f~ ~ (TYPE OR PRINT) Certificate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehiqle for resale. WARNING. FEDERAL AND STATE L"AWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECTION WITH THE TRANSFER OF 'OWNERSHIP. .FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. ~. IMPO~TANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an issuing agent who is licensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employe.e is ' acceptable. The signature and printe'd name Qf the issuing agent or the issuing agent's employee, date of verification, the issuing agent/licensed dealership'sdealer identifi. cation number (DIN) and business name, must be listed in the space provided for notarization. Vehicle seller and purchaser must sign only in the presence of an officer . empowered to administer oaths or ap authorized agent as identified above. ii'll '102' ;!'~X'U-";I'k''1\I1'''ll'tml' r., r;:' . . ~', . ':'il~(~. I '..1~~~l.t-'tPJu , ~ "~IlI~II\' ';'\11 no\ l~' 1..'..,I..IfI\o...... tlo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, CIVIL ACTION - LAW Plaintiff vs. NO. 03-6121 EDWARD BROOKS, Defendant 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 defense 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 REIDEN:~H, HENDfjSAr & PECHT By: N~A- A ~ way~~. ~echt, Esquire AttorneyI.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, Plaintiff CIVIL ACTION - LAW VS. NO. 03-6121 CIVIL TERM EDWARD BROOKS, Defendant COMPLAINT FOR INVOLUNTARY TRANSFER OF OWNERSHIP 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Edward Brooks, an adult individual currently residing at 4800 Trindle Road, NAPA Transportation, Mechanicsburg, Pennsylvania, 17050. 3. On September 20, 2002, Plaintiff sold the Premises (as defined in Pa~agraph 4) to Defendant. A true and correct copy of the Agreement of Sale is attached hereto, marked Exhibit "A", and made a part hereof. 4. Plaintiff has a perfected security interest and is listed as a lienholder on a 1977 Hillcrest Mobile Home ("Premises") with the VIN 02110224K. A true and correct copy of the Certificate of Title for a Vehicle is attached hereto, marked Exhibit "B", and made a part hereof. 5. The Premises were conveyed by Plaintiff to Defendant with the stipulation that if Defendant fails to timely make payments on the Premises, including lot rent, in any given month, the sale of the Premises will be rendered void. 6. Defendant failed to make timely payments for both the Premises and lot rental. 7. On or about October 10, 2003, Plaintiff commenced an action against Defendant for Recovery of Real Property. 8. On or about November 21, 2003, Leiby's Mobile Home Park, 7073 Carlisle Pike, Carlisle , Pennsylvania, 17013, commenced an action against Defendant for failure to pay lot rent. 9. Defendant has since vacated and abandoned the Premises. 10. Plaintiff now wishes to exercise his right as a lienholder and obtain possession of the Premises. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer title of the 1977 Hillcrest Mobile Home into Plaintiff's name only. I REIDENBACH, HENDERSON & PECHT By: J(0p4!;:SQUire 38904 Suite 200 17055 Attorney I.D. No. 1205 Manor Drive, Mechanicsburg, PA Dated: April 30, 2004 Attorney for Plaintiff ". VERIFICATION I, Dustin Rhodes, an adult individual, acknowledge that: 1. I am the Plaintiff named herein; 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am award that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Ap..'\ 201 ~ c;)J Dustin Rhodes ~,. f .. ~ 00 CO o o b U1 OJ III] l~1 ~J (.] ~ l'iU '1~ 1. .:I!W ~ ~ I~~~'~ 1"~1 ~I'i I , 5i - . ~. I I ..... - -.,. ...~ ~~~;f)'!I"'l'}y~i:iU~'1I~fmllmf8lrU~;l:J]m~ffc.~ra~1:9M..YIK~&.~ .. r " (TY~E OR PRINT) Certificate of TItle must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehic;l~ for resale. WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECJION WITH THE TRANSFER OF'OWNERSHIP. . FAILURE TO COMPLETE OR PROVIIPING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. '..! IIVIPOijT ANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an issuing agent who is licensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturer~, Dealers and Salespersons, or its employe,e is acceptable. The signature and printed name Of the issuing agent or the issuing agent's employee, date of verification, the issuing agentllicensed dealership's dealer identifi- cation number (DIN) and business name, must be listed in the space provided for notarization. Vehicle seller and purc~aser must sign only in the presence of an officer - empowered to administer oaths or a~ authorized agent as identified above. ....1. .\r:1'" . ...t'li\<'l.....\u. .~~~~l ; :~I'~~.~'~.I' . ....I::"lf.., ~ . r !-. -" .," ,,~ ~." .,. . '"."~' """"j, "" , " . ~~ -~i . . ~~~?AhA~-tJ /fi1;1;/ezd)?;4~ ;i-~/~~ ~~rWfhu-~4J:1f~~~ - .AV(~ffif~. an.?~~.d7:!, I~~ ~~l/?&Md~ '. MJ{I~-f " . . ~~ ~QpJ!4JclA-<<ftV N j~I:~~k ~ 'I ~ d;?~~ ".1~,!,/4',}"v~ /Mttt ,I ~~~... '.~" . :JL~~~J/~~/f~{~k~~ ~~~ ~~;a/~!fr~4~()lr;) .~. ,-,,/~Zp~~~~ .. ~~-> ~2f;~ ~ A~_ho/,;t::~~J, :' ;;;(d:-~.-ur:~~~+~;t:.~ aJ, ak-':r~ ~ k- ~#j iJT, _ · :la~~~~~~4JA~ . I -1/ /~ ".rei, ct1 /~ ~0:. ~ , i . ~ ~a!?h1C'L (!~ ~ ~ ~. cd;~ hh' 'I_S~vk C~~6(1:~ J 8"y€ y //I/.' ~~'IIE>?-, "' "t~~~~b:~~I~,,' I ~ . \1f - J My o{Tlmi<>$" . ....v':'rpf' ~A:'~~~ i (" .. - W ( -f- tv ~ P5' , 11 e>-h ~ 1 ~er. Pennsylvania Associaijol1 oj Notaries i , i . I .. J I ; r~~-. - I . CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the Uni ted States mail, first-class postage prepaid, addressed as follows: Dated: Edward Brooks 4800 Trindle Road NAPA Transportation Mechanicsburg, PA :7~0. 2004 pt;i~A Jt1 wayneF ~~pecLh April 30, , . .::~~~-> ;;,,: . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. SlgrJtr .,..;./,~W1J ""JJ';}t",!~o';;"",t'f;~:ti':i~?i:;.~~b p,~.r,:.'c',:;'.;. I X~r'~'Add~'1 B. Received by ( PrlntedName);;;i . C: bate'of Delivery l ~r^~ '~!~;~?SlNi'ZJ:~)':"~':"" D. Is delivery address different frolT1 item' ~ 7, .,(6;.es ~, . m~*1~~~I~!,'\~r!~' .. ,Complete itemS1,'2,and 3: Also cOry,plete '.'. item 4if Restricted Delivery is desil'ed. ., .,. flrint your n8lT1e and address.on the reverse '. . ': ,so that we'can return t~~ pard to you. ' . ,.' ,; ,.;. ~ .' Attach this card to the back of the mailpiece,';' , .; or on th~ frontif spac9Pem1its. ",';' j.),::~, ~~ 'Service Type ',:' " .,.:_~:t5,;<,"j ,~ ;f ,~ Certi~~M~I, 'ii~D Express Mail ' . , .' . . " 0 Registere<:l,;':::~ Return Receipt ~r Merchandise ,0 Insured' Mail "?':~W,DC.o.D. ;,' . ' , . :. . ' 4. ,Restri~ed 'Deiiyery? :~rye),~:;:;~fir~iji0;ld Yes"f;lf;'!;tf 7003 3110 OOOO"~~~~"~~9S ,. I ~Retu~~' ;3't~;i;(;}J'Oi);;'[!\1}~!;1;1?,~:~::~~,~ Jl .. .,_ "'.Y~.~'h:~:'~'~'." '___. . .:~~J~~-'~L,~...'~~L..~!;3~'~~i~j.~L:~2'1F!L.~:~t~il,B1~.~':~ ch::':>::'::'; L/'." (' ,'.;,"i:j~'/7,,',t~7"", . ~");:i'~~l1ce/~':'~:~. ,. PS Form 3811, August 2001,: ;',;" "'.' ;'.' ,:.,':';~~_~,I'". ,.-. 'r:'; :~!,,:j: ~;'l;'. ..:,"~~::~: :J:. '.-,,' ~\'~~j~::': .::;",<~~~'~~:..i ~'''~_._._. _~i,~~,:_L':JL:~,..~_Lt SENDER: COMPLETE THIS SECTION ~r . :'~::~;~:: :;~~. - . ~~.. :'~ c:~ ,';,:j '<';<'~/ f~\..\ ;- I:; :~::"; .\,;j/'<~'. - {'~-") 2\rr~'. -1 ; ~t. Complete items 1, 2, and 3. Also complete .:: A. Signature ~ ;. .' " l ,Y. '" item 4 if RestriCted Delivery is desired. ' ';,If. ~"""",,,: (")""" "~::f,rJ.:i.ftre ~ent, ". .\., ',. Print your ~~m~ and addreSs on the re,:,erSe '. .r;:,. ~ ':~~~?,;!, ,"'Wr:'[] Add~ee ,i. \ so that w~"~ ~m th~"card to you.. :..,'. l\-. ' ~ ,B,f1eCeivecfi:>y (Prlnt8ct NBme)'til':'~; C,'Pl1ts'i:if Delhiery . ',11I ~~~~:I~~ ~:c~~~~~Jn~!I~~~:): ,\. ;:~;!ilc"ij':.! .".,.,:.C:'~':l;';:Ji{~~;"'i':;~~b~' .Sj!1t~';:$~~l~'~;:;);:i 'i, ;,~. ,", <.""""',r,,, , '. ';' ""', ~R~ G ~. Is delivery address different from item 11 0 Yes 'II 'ii,1.'Artic/eAd .',' ~\J ,..~,. '. .... 0 '" ~ .' ,... ' , ,. .,. r;;'5 ::'I)' If YES, enter de/Ivery address below: ., ,i$, No I "'ff . " . .~. ~ ~ ' ' . : ~ '"."':- > '. ~~ ;t: j~~"'i" ~J1." Mr. E ra Brooks' ~ .' . . IJ'I ..' . .'.:.' ' . ." ". I 7073 ,Carlisle pike is ... 17 lV"'U i\~iP.'<:i'''''... ,". .,.. "..:: I . 'I"~.' ~ ~. uJ """ a.If "".....rr~~~~ :\. ..... ,. 'Lot 7;3,;,,' ,,:" ~.." .' & ...........- '.'"'' \ Carlisle, .PA 17013 . -'':''-:::.; , ( .':"~ . ServlceType '. '.: "".~'"'' .:;,.... I . . ':~~e:::~a~1 " ~~~R;~ ~r:~t~~~d~se ( , 0 Insured Mw'l 0 COD ..... "~',.." ..,.. " 'I' ..... ! :.. . . . '.,'1 I 1/':". . . I, ~..I~'! or;,' ". ; 4. Restricted Delivery? (E'xtta Fee) . '::<;." ,:,'b,~~'" ,: , t COMPLETE THIS SECTION ON DELIVERY 2: Article Numl?E!r ; " , 'rrninsfer~'iP"serV1ce label) . 7003 3110 DODD 7776 6949 . :....{?}g:. r.;. .J ~.'._'_" ,._~ _.~.... ~..._._"_~_ .,~.._ _ ..n ._.. ._6' .ha .. .~~. ..~'. .__',~_a"'" -_-.~_~. - 1.-..:'-" Aet~r~ Receipt 'It" . . '102595-02-M-1540 :.' "..r : . . l.'~ h. . . .. : . ~.""~"_.~.'''' .....___~__.~_.Io...........'Ii_...~____.._~_,.__._..:........_., CERTIFICATE OF SERVICE I hereby certify that on the 16th day of November 2004, I served a true and correct copy of the foregoing Motion to Extinguish Ownership and Transfer Title upon the following person by First Class Mail, postage pre-paid, addressed as follows: Edward Brooks 7073 Carlisle Pike Lot 73 Carlisle, P A 17013 Dated: November 16, 2004 watiJ:!J Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055 "1'1 'f ,) "'., 0 C::1 ( <, " -on ~. .--1 ,.' 'J i, ) ( , , ~.:.: I-n ,~..~) C;:J I ) , "') -;-'i J ) I d (,,) I -<"- C . DUSTIN RHODES, Plaintiff v. EDWARD BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 03-6121 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2004, upon consideration of Plaintiff's Motion To Extinguish Ownership and Transfer Title, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. ,Alayne M. Pecht, Esq. 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055-4917 Attorney for Plaintiff veaward Brooks 4800 Trindle Road NAP A Transportation Mechanicsburg, P A 17050 Defendant, pro se vEdward Brooks 7073 Carlisle Pike Lot 73 Carlisle, P A 17013 Defendant, pro se :rc BY THE COURT, ;> \;r':;\":;:.\~lJ.}:~:'.\~:. '::Id Al~':r: ;;. .., "'::'~""vrJJ 80 =F; Hd Q- 'PO /oral '* '" ...J 1,-, ~FV.LUhiO;-i"LCSd 3HL :10 ~J~~ !:!~.! C'I-fJj~;':.:J o v. NOV 24 ?to. 'i IN THE CO'URT O'F CO'MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO'N - LAW DUSTIN RHO'DES, Plaintiff EDWARD BROO'KS, Defendant NO'. 03-6121 CIVIL TERM O'RDER OF CO'URT AND NOW, this _ day of _ 2004, after reasonable notice and upon Plaintiff s Motion, the Court hereby awards ownership of one 1977 Hillcrest Mobile Home, VIN 0211 0224K, to Dustin Rhodes, and the right, title and interest of any other person to said vehicle IS hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation, shall 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. BY THE COURT Judge DUSTIN RHODES, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW NO. 03-6121 EDWARD BROOKS, Defendant Motion To Extin2uish Ownership And Transfer Title AND NOW, this 16th day of November 2004 comes the Plaintiff by his attorney, Wayne M. Pecht, Esquire, and moves this Honorable Court as follows: 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Edward Brooks, an adult individual whose last known address was 7073 Carlisle Pike, Lot 73, Carlisle, P A 17013. 3. On September 20,2002, Plaintiff sold the Premises (as defined in Paragraph 4) to Defendant. A true and correct copy of the Agreement of Sale is attached hereto and marked as Exhibit"A" and made a part hereof. 4. Plaintiff has a perfected security interest and is listed as lien holder on the title to a 1977 Hillcrest Mobile Home ("Premises") with the VIN 0211 0224K. A true and correct copy of the Certificate of Title for a Vehicle is attached hereto and marked as Exhibit "B," and made a part hereof. 5. The Premises was conveyed by Plaintiff to Defendant with the stipulation that if Defendant failed to make timely payments on the Premises, including lot rent, in any given month, the sale of the Premises would be rendered void. 6. On or about October 10, 2003, Plaintiff commenced an action against Defendant for recovery of real property for non-payment of amounts due Plaintiff. 7. On or about November 21,2003, Leiby's Mobile Home Park, 7073 Carlisle Pike, Carlisle, Pennsylvania, 17013, commenced an action against Defendant for failure to pay lot rent. 8. Defendant has since vacated and abandoned the Premises. 9. Defendant was served with a copy of Plaintiff s Complaint For Involuntary Transfer Of Ownership but has failed to respond. A copy of the Complaint for Involuntary Transfer of Ownership is attached hereto as Exhibits "C"and incorporated herein by reference. 10. Defendant was served with the 10 Day Default Notice by certified mail return receipt requested, a copy of the Notice and the return receipt card are attached hereby as Exhibits "D" and "E" respectively and are incorporated herein by reference. 10. Defendant has previously told Plaintiff that Defendant is willing to sign a document waiving any and all of his interest in said 1977 Hillcrest Mobile Home; however, Defendant has on repeated occasions failed to return phone calls from Plaintiff when called in an effort to set a time and date and place to have Defendant sign the Waiver. 11. Pursuant to Pennsylvania Department of Transportation (PENDOT) requirements, Plaintiff has notified all persons with an interest in the vehicle by mail, return receipt requested, providing all required information. 12. Further, pursuant to PENDOT requirements Plaintiff advertised a legal notice in the appropriate publications for the appropriate amount of time with the appropriate information included. A copy of said publication is attached as Exhibit "E" and incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests this Honorable Court to extinguish any and all right and interest of the Defendant in the herein described vehicle and grant ownership of same to Plaintiff, Dustin Rhodes. Respectfully submitted, PECHT & ASSOCIATES, PC Date: November 16, 2004 By: Wayn M. Pecht, Esquire Attorney No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4917 717-691-9809 I . , , " . :J~- .~1 - r~~- - ; . I . " " '~ ex> '00 o o o CJ1 0") ~' (TYPE OR PRINT) Certificate of TItle must be submitted within 2() days, unless the, purchaser is a registered dealer holding the vehiC;le for resale. WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECTION WITH THE TRANSFER OF 'OWNERSHIP. -FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. '" IMPO~TANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an issuing agent who is licensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturer~, Dealers and Salespersons, or its employ~e is acceptable. The signature and printed name Qf the issuing agent or the issuing agent's employee, date of verification, the is~uing agent/licensed dealership's dealer identifi- cation number (DIN) and business n~me, must be listed in the space provided for notarization. Vehicle seller and purchaser must sign only in the presence of an officer . empowered to administer oaths or a~ authorized agent as identified above. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, CIVIL ACTION - LAW Plaintiff vs. NO. 03-6121 EDWARD BROOKS, Defendant 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 defense 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREE~ CARLISLE, PA 17013 (717)249-3166 By: Way e M. Pecht, Esquire AttorneyI.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN RHODES, Plaintiff CIVIL ACTION - LAW VS. NO. 03-6121 CIVIL TERM EDWARD BROOKS, Defendant COMPLAINT FOR INVOLUNTARY TRANSFER OF OWNERSHIP 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Edward Brooks, an adult individual currently residing at 4800 Trindle Road, NAPA Transporl:ation, Mechanicsburg, Pennsylvania, 17050. 3. On September 20, 2002, Plaintiff sold the Premises (as defined in pa;agraph 4) to Defendant. A true and correct copy of the Agreement of Sale is attached hereto, marked Exhibit "A", and made a part hereof. 4. Plaintiff has a perfected security interest and is listed as a lienholder on a 1977 Hillcrest Mobile Home ("Premises") with the VIN 02110224K. A true and correct copy of the Certificate of Title for a Vehicle is attached hereto, marked Exhibit "B", and made a part hereof. 5. The Premises were conveyed by Plaintiff to Defendant with the stipulation that if Defendant fails to timely make payments on the Premises, including lot rent, in any given month, the sale of the Premises will be rendered void. 6. Defendant failed to make timely payments for both the Premises and lot rental. 7. On or about October 10, 2003, Plaintiff commenced an action against Defendant for Recovery of Real Property. 8. On or about November 21, 2003, Leiby's Mobile Home Park, 7073 Carlisle Pike, Carlisle, Pennsylvania, 17013, commenced an action against Defendant for failure to pay lot rent. 9. Defendant has since vacated and abandoned the Premises. 10. Plaintiff now wishes to exercise his right as a lienholder and obtain possession of the Premises. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer title of the 1977 Hillcrest Mobile Home into Plaintiff's name only. I REIDENBACH, HENDERSON & PECHT J/0p4!::SQUire Attorney I.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 By: Dated: April 30, 2004 Attorney for Plaintiff " VERIFICATION I, Dustin Rhodes, an adult individual, acknowledge that: 1. I am the Plaintiff named herein; 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief; and 3. I am award that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Apn'\ Co\ Ckott c;:)h.~6fl~U- Dustin Rhodes .. '..{ p 00 '00 o o b (J1 0") ~ (TYPE OR PRINT) Certificate of Title must be submltted within 20 days, unless the purchaser is a registered dealer holding the vehiql~ for resale, WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECJION WITH THE TRANSFER OF 'OWNERSHIP. -FAILURE TO COMPLETE OR PROVUblNG A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. IMPOijT ANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an issuing agent who is licensed as a vehicle' dealer by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee is . acceptable. The signature and printed name Qf the issuing agent or the issuing agent's employee, date of verification, the Issuing agentllicensed dealership'sdealer identifi- cation number (DIN) and business nl:(me, must be listed in the space provided for notarization. Vehicle seller and purchaser must sign only in the presence of an officer , empowered to administer oaths or a~ authorized agent as identified above. , Q .'~., :J~ .~i - . ?'~~_. ~ CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward Brooks 4800 Trindle Road NAPA Transportation Mechanicsburg, PA 170 Dated: April 30, 2004 ~J.:~i~~~~'~}~~r 3110 0000 7776 t~~;~1?~;~~r~;1~~IMJ:;:;,':'~~~~,l~~~'~~f~~l~i4:. CERTIFICATE OF SERVICE I hereby certify that on the 16th day of November 2004, I served a true and correct copy of the foregoing Motion to Extinguish Ownership and Transfer Title upon the following person by First Class Mail, postage pre-paid, addressed as follows: Edward Brooks 7073 Carlisle Pike Lot 73 Carlisle, P A 17013 Dated: November 16, 2004 Wayne M. P ht, Esquir Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055 ~~ r.;.~ t C-'" !'--) ,-:"-~ , o ''1''1 .-1 ...,.. f;; ~l , ....c,;... \-n C) ""') , ~..;, 1 , ) jl t'l -; 1 (,) L~' I .. ) -< DUSTIN RHODES, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLMD COUNTY, PENNSYL VANIA vs. CIVIL ACTION LAW NO. 03-6121 EDWARD BROOKS, Defendant MOTION TO MAKE RULE ABSOJl.UTE AND NOW, thisd:L day of September, 200S comes the Plaintiff by his attorneys, Pecht & Associates, PC and moves this Honorable Court as D)!lOWS: 1. Plaintiff is Dustin Rhodes, an adult individual currently residing at 814 South York Street, Mechanicsburg, Pennsylvania, 170SS, 2. Defendant is Edward Brooks, an adult individual whose last known home address was 7073 Carlisle Pike, Lot 73, Carlisle, PA 17013, and whose last known work address was c/o NAP A Transportation, Mechanicsburg, P A 170S0. 3. On November 18, 2004 Plaintiff filed a Motion To Extinguish Title and Transfer Title, which Motion set forth, inter alia, the efforts made by Plaintiff to contact Defendant. 4. On December 6, 2004, this Honorable Court issued a Rule to show cause why the relief requested in said Motion should not be granted" with a Rule Returnable within 20 days of the date of the Order. Copies of the Court's Order where mailed by the Court by first class mail on or about 12/8/04 to the Defendant's last known addresses as provided by the Plaintiff. S, The Order was mailed to the last known home address and the last known work address of Defendant. On or about January S, 200S, the documents were returned to the Plaintiff with the envelop addressed to Defendant's hom,: address marked as "undeliverable," and the envelope addressed to his last known work address bearing a notation that he was no longer at that company. A copy of the two (2) addressed envelopes returned to Plaintiff are attached as Exhibit "A" and incorporated herein by reference. An Affidavit verifying the receipt of the returned envelopes is attached as Exhibit "B" and incorporated herein by reference. 6, No Answer being filed by Defendant within the 20 day period provided by the Court, all averments of fact set forth in Plaintiffs Motion To Extinguish Ownership and Transfer Title are deemed admitted as per Pa.R.C.P. No. 206,7(a). WHEREFORE, Plaintiff respectfully requests this Honorable Court to extinguish any and all right and interest ofthe Defendant in the herein d,:scribed vehicle and grant ownership of same to Plaintiff, Dustin Rhodes, Respectfully submitted, Date: SeptemberJ-1 ,2005 PECHT & ASSOCIATES, PC ? ~ By: R eher, Esquire Attomey No. 32594 1205 Mao.or Drive, Suite 200 Mechani<:sburg, PA 17055-4917 717-691-9810 l\r; <~ ~\~~ \ \1\0\ ~ . 'fft"": ,~O <II cil"- If'\~:' .n"'"", ~o ;;; ~ ~ ~ IZ~ ::~~~= ~=;:l ~iiiz: ~t:!~~:= '"", ~t:!:#:::;;,.,. .tt~~....ot ii~"";::i Zio-QC:::. --':21:.., 'ooof cr . ~ ~ ~g :2r- ';s:~: i ~.Ci.<~ ~.- 01> go] ~~~ 0<( ~.~ "':>;" ..."" '6 "'Qs-s ., ~I~=- '~!I~! '.:!~ i .. . ~ .. ~~~ ., V\-.oo. _0'" I~ ( I ""', ~J - \ ~ ~~" \ ~~~ "'" \~~~fb- ~ ~ 0; gJ; N~ U.~ f2 0.0- :r~~ .!":t Q.,~ g 0. ~ l:ls.o " Iii," ~:Efa -e:2"B ~;::::8 ,"'", ~ c ~ o ,.'.,s,:s:; .",J~~ '~.'..... .0.-' ,o,'.u;~':oil ~':]-~2 -o,"t::f-.< .'~ ;+~ -<: 5 ~g~...c. .,,~<~ ",,,z:E COMMONWEALTH OF PENNSYLVANIA, ) )ss: COUNTY OF CUMBERLAND ) AFFIDAVIT I, Barbara Eaton, legal assistant for Pecht & Associates, PC, being duly affirmed according to law, state and affinn that I received in the mail on or about January 5, 2005 the returned documents which were contained in the envelopes mailed to the Defendant Edward Brooks, and that true and correct copies of those envelopes are at1!ached hereto as Exhibits. '~P.bsJ'Ofi---;:/ t({~N Barbara Eaton, Legal Assistant Sworn and subscribed to before me this ~ day of September, 2005, NOTARIAL SEAL Lori A. Backen.toe., Notary Public Lower Alien Twp"Cumberland County y commISSIon expires October 14, 2007 (") ....., ~ = ~ <= ;~:::;.: C.M (/) l:n rrl _..~ c: -0 "'::lTi .-' ,~. cs N ~i_.; ~~ '52;':.) "'" 5"'; ~'O ::% >,':": 0 6~ Z --1 0 ~ .~ en -< j'RECEIYE.U Str 2J ZCGS o ,y DUSTIN RHODES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW EDWARD BROOKS, Defendant NO. 03-6121 CML TERM ORDER OF COURT AND NOW, this ~ day of September 2005, after reasonable notice provided by Plaintiff to Defendant of this Court's Order of December 6, 2004, issuing a Rule upon Defendant to Show Cause why the Plaintiff's Motion To Extinguish Ownership and Transfer Title should not be granted; and there being no answer filed by Defendant within the 20 day period provided by this Court, all averments of fact in Plaintiff's Motion are deemed admitted as per Pa,R,C.P. No,206,7(a) and this Court hereby awards ownership of one 1977 Hillcrest Mobile Home, VIN 02l10224K, to Dustin Rhodes, Plaintiff herein, and the right, title and interest of any other person to said vehicle is hereby extinguished, The Commonwealth of Pennsylvania, Department of Transportation, shall 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, BY THE COURT >- o::l >- ~ ..- \_.:: Z UJ9 .;;r :,:J<f :"'"):;::" 0' ~ 'c.-~lZ G:~/ 0.- ~ "'( 'J-r- .,~1 ;;::, 0..." "l C) ~ '0 pO: N ::~?:: ..we... ,-, i:E u..l 0- )j(:L"i w p (/) ,.'~l 0- 'is ~ ") "'" u .,... , ,