Loading...
HomeMy WebLinkAbout08-2857Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net ROBERT E. GOODLING, Plaintiff/Petitioner VS. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :0$ - vL?rJ CIVIL ACTION :INVOLUNTARY TRANSFER OF TITLE ARNOLD GIUSSEPPI and and PENNY S. GIUSSEPPI Defendants/Respondents N O T I C E 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Date: May 2008 BY: &C/? Q Andrew C. Sheely, Esqu' PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff/Petitioner Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net ROBERT E. GOODLING, Plaintiff/Petitioner VS. ARNOLD GIUSSEPPI and and PENNY S. GIUSSEPPI Defendants/Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :08 CIVIL ACTION :INVOLUNTARY TRANSFER OF TITLE PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP VEHICLE (MANUFACTURED HOME) 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 West Baltimore Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants/Respondents are Arnold Giusseppi and Penny S. Giusseppi, believed to be adult individuals with a last known address of 501 Windy Hill Road, P.O. Box 1173, Carlisle, Pennsylvania, 17013. 3. Plaintiff/Petitioner is a general partner of a manufactured home community Orchard Hills located in Perry County, Pennsylvania. 4. For a period in excess of six months, a 1989 Brigadier manufactured home, Title Number 42515415, Vin Number K33595 has been abandoned on Plaintiff's property located in Perry County, Pennsylvania. 5. Efforts by Plaintiff/Petitioner to locate the owner of the mobile home have been unsuccessful as the home has been abandoned for many months and the owner left no forwarding address. 6. On or about April 16, 2008, counsel for Plaintiff/Petitioner 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 owners of the mobile home are Arnold Giusseppi and Penny S. Giusseppi with an address of 501 Windy Hill Rd, P.O. Box 1173, Carlisle, Pennsylvania, 17013. 8. On or about April 28, 2008, counsel for Plaintiff directed a letter to the address of Defendants/Respondents by mail for the purpose of contacting Defendants/ Respondents to advise them to remove said mobile home from 2 Plaintiff's premises. A copy of the letter is attached hereto as Exhibit "B". 9. Subsequently, the April 28, 2008 letter was returned to counsel for Plaintiff/Petitioner indicating that the letter was unclaimed. A copy of the returned envelope and mail charge are attached hereto as Exhibit "C". 10. Plaintiff/Petitioner 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 loss of 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/Petitioner 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, Robert 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 3 Plaintiff/Petitioner, Robert E. Goodling, to properly complete all required notice provisions for advertisement to Defendants/Respondents; 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. Respectfully submitted, Date: May 2008 0- 51, ? Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner, Robert E. Goodling 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 4 iuu? INV 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: May 2008 ARobe?r? E. Goodling Exhibit "A" PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 4/16/08 PAGE 2 081071744000042 002 OWNER ARNOLD 8 PENNY S GIUSSEPPI $01 WINDY HILL RD PO BOX 1173 CARLISLE PA 17013 TITLE NUMBER 42515415 TAG NUMBER VIN K33595 MAKE BRIGADIER MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO LESSEE : NONE TITLE DATE : 12/14/89 REGISTRATION EXPIRY DATE: BODY TYPE MR ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1989 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE T0; DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-600-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-422-5380 WWW.DOT.STATE.PA.US Exhibit "B" 717-697-7050 ANI.)1-tl1,W C. SHEELY Attorney at Law 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 April 28, 2008 Arnold Giusseppi Penny S. Giusseppi 501 Windy Hill RD PO Box 1173 Carlisle, PA 17013 717.697-7065 ax andrewc.sheely@verizon.net In Re: 1989 Brigadier VIN K33595 Title Number 42515415 Involuntary Title Transfer Action Dear Arnold and Penny: I represent Robert E. Goodling of Carlisle, Pennsylvania. The above- referenced. man ufactu red home titled in your name has been abandoned on a lot in a manufactured home community owned by Mr. Goodling. The home has been abandoned for a period in excess of six months. A copy of the vehicle record abstract is attached hereto. Mr. Goodling has directed that I commence a petition to involuntarily obtain title to the home so as to avoid additional lost lot rents, damages, moving costs, storage costs and other expenses with the abandoned manufactured home. Further, an abandoned manufactured home constitutes an attractive nuisance due to no person residing in the home. No lot rent has been paid for some time. Please contact me prior to May 4, 2008 so as to avoid litigation and unnecessary expenses in this matter. In the event no response is received, a civil action in the nature of a petition to obtain title by involuntary transfer will be filed with the Court of Common Pleas of Cumberland County. Ver my yo A DRE C. ACS/bmk c: Robert E. Goodling Enclosure Exhibit "C" N W CD it *ti Q V Q ,t - 0 ft ? O Lfr'ILZQ 1A - s ,? ? ? ? 4y Z !Y tfM W(40 ,i C!I C[ lL ac +3W® Z(1W uit lr ryY.-j 01 :)Win e? yr *+ WHZ Q -- m.J:) 0 W a a W o H .. a 0 H U CL r<M UJ U) C3 >- !11 A +J (A J O , Z XC 0Z!? 0M Iwo®a iti CL u) IL C.) I" 10 .f° ty .,.a Irl, s, c r- c, C? u Q ? i ? •r r v Exhibit "D" FACT SHEET Involuntary Transfer of Ownership of a Vehicle by Court Order This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are not available should seek the advice of a private attorney. THE DEPARTMENT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. 1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle will be determined by the court. Please note that a sample court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHOULD NOT BE 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 in the vehicle of the pendency of the court proceeding. The notification must be sent by certified mail, return receipt requested, and must include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND SUBMITTING FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. December 2003 - over - Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit the Driver and Vehicle Services web site at: www.dmv.state.pa.us -. 3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed," the person attempting to be declared owner of the vehicle must advertise a legal notice at least once in the county legal journal(s) and at least once per week for three consecutive weeks in the newspaper(s) of general circulation where any person known to claim an interest in the vehicle may be located and where the vehicle is located, if these two locations are different. Please refer to the Pennsylvania Bar Association Lawyers Directory & Produce Guide to determine the appropriate legal journal. The advertisement should include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction 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 jurisdiction enters an order declaring an individual the rightful owner of the vehicle, the Department may 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 of the vehicle; (2) Form MV-1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. (3) Appropriate sales tax, title and registration fees. Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as listed in a current edition of a Department-approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORD AND NOW, this ___ day of 20 after reasonable notice and an opportunity for hearing having been pr. l?l?erested parties, the Court hereby awards ownership of one [year], [make], el , bearing vehicle identification number ______ __to [name of applicant], and the right, title 17 and interest of any other person to a is hereby extinguished. The Commonwealth of Pennsylvania, Department of T n may accept this order as evidence of ownership in lieu of a Certificate of Title. Th e i ' er shall submit the appropriate forms, taxes and fees and comply with any other proce s of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge Lki 1 r7 MAY Q& ROBERT E. GOODLING, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA :08 - oZR ? CIVIL ACTION VS. :INVOLUNTARY TRANSFER OF TITLE ARNOLD GIUSSEPPI and and PENNY S. GIUSSEPPI Defendants/Respondents . ORDER OF COURT AND NOW, this 5'I day of ? 2008, upon consideration of the attached Petition for Involuntary Transfer of Ownership of a Vehicle by Court Order, it is ORDERED AND DECREED that a hearing on this matter is set for the f%?r day of 2008, in Court Room No. at U o'clock M. Counsel for Plaintiff shall direct Notice of this Hearing to Defendants/Respondents at their 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. BY THE COURT, r l ? A) J . Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner VNVAI,tSNN3d £ 1 -.8 NV L- AN NZ Adviofcr iow 3M Jo DW4o-cmu Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) ROBERT E. GOODLING, Plaintiff/Petitioner VS. ARNOLD GIUSSEPPI and PENNY S. GIUSSEPPI, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08 - 2857 CIVIL ACTION - INVOLUNTARY : TRANSFER OF MOTOR VEHICLE TITLE TO: CURTIS R. LONG, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-caption action settled, satisfied and discontinued. Date: J w l,? 4/CC Andrew C. Sheely, Esquire Robert E. Goodling, Plaintiff 127S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax) a r43 -? a€?