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HomeMy WebLinkAbout09-0260c, k .A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff V. ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate of CYNTHIA N. STAGER, as their interests may appear, Defendants No. 01? -,24 D CIVIL ACTION - LAW PETITION TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE C!0 rC7et,.? AND NOW comes Plaintiff, ROLO COURT MOBILE HOME PARK, by its attorney, Stacey R. MacNeal of Katherman, Heim & Perry, and respectfully states the following: 1. Plaintiff is the owner/operator of a mobile home park called Rolo Court Mobile Home Park located at Rt. 15 and Lisburn Road, Cumberland County, Pennsylvania. 2. Defendants, Robert A. Stager and Cynthia N. Stager, rented a mobile home lot from Plaintiff, which lot is located at Rolo Court Mobile Home Park, lot # 34. 3. Plaintiff believes, and therefore avers, that Defendants have abandoned a mobile Home known as, a 1974 Buddy mobile home bearing vehicle identification number 04111390H ("Vehicle"). In support, Plaintiff avers the following: A. The Vehicle is no longer occupied; B. Utility service to the Vehicle has been terminated; I a ' ,& C. All or most of the personal property was removed from the Vehicle; D. Nobody currently occupies, uses or maintains the Vehicle; and E. The Vehicle has been unoccupied for approximately 18 months. 4. It is believed that the Vehicle was abandoned on or about July 20, 2007. 5. Records from the Pennsylvania Department of Transportation ("PennDOT") indicate that the Vehicle is titled to Robert A. Stager ("Title Owner"). A true and correct copy of PennDOT's Vehicle Record Abstract regarding the Vehicle is attached as Exhibit "A" and incorporated by reference. 6. It is believed and, therefore averred, that Robert A. Stager died leaving his wife Cynthia N. Stager as his beneficiary. 7. Cynthia N. Stager continued to reside in the vehicle after Mr. Stager's death. 8. Cynthia N. Stager died July 20, 2007. No heirs are known. A photocopy of her death certificate is attached hereto as Exhibit "B" and incorporated by reference 9. Keystone Guardianship Services was appointed Administrator of the Estate of Cynthia N. Stager by Order of Court dated February 7, 2008. 10. Defendants have done nothing to protect whatever interests they have, if any, in the abandoned Vehicle. 11. PennDOT's Vehicle Record Abstract regarding the Vehicle indicates that there is no lien on the mobile home. See Exhibit "A". 12. Defendants have failed to pay Plaintiff any rent since July 2007. 13. In order to cause a transfer of the title of an abandoned mobile home, Plaintiff is 2 ap k4. VERIFICATION I, the undersigned authorized representative of Rolo Court Mobile Home Park, hereby verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ROLO COURT MOBILE HOME PARK Date: ! 1 ()' QI By: Kim Mummert m -? ?-, (Y-? 40, 16 is Pennsylvania Department of Transportation Vehicle Record Abstract EXHIBIT "A" 4W ? PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/26/07 PAGE 1 OWNER ROBERT A STAGER 34 ROLO COURT R D 7 MECHANICSBURG PA 17055 072991338000025 003 LESSEE NONE TITLE NUMBER 25743111 TAG NUMBER VIN 04111390H MAKE BUDDY MODEL RENEWAL WID PREVIOUS TAG TF40939 LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 TITLE DATE : 04/09/74 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1974 STOLEN DATE INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US Ap. 4 * CERTIFICATE OF DEATH EXHIBIT "B" . i + 46 FACT SHEET DISPOSAL OF ABANDONED VEHICLES FROM PRIVATE PROPERTY PURPOSE This Fact Sheet provides information on disposing of vehicles which have been left on private property. DEFINITIONS OF TERMINOLOGY USED: ABANDONMENT.- Abandonment involves an intention to abandon together with an act or omission to act by which such intention is carried into effect. "Abandoned property" is that to which an owner has relinquished all rights, title, claim and possession, with no intention of reclaiming it or resuming ownership or possession. ABANDONED VEHICLE: Section 102 of the Vehicle Code defines an abandoned vehicle in the following manner: (1) A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence: (i) The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours. ( ii) The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours. ( iii) The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all the following: (A) A valid registration plate. (B) A current certificate of inspection. (C) An ascertainable vehicle identification number. ( iv) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours. (2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned. PRIVATE PARKING LOT. A parking lot open to the public or used for parking without charge; or a parking lot used for parking with charge. (Section 3353(b) of the Vehicle Code). SALVOR: A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding, or exchanging the vehicles or parts thereof. (Section 102 of the Vehicle Code). WAREHOUSEMAN: A person engaged in the business of storing goods for hire. (As defined in the Uniform Commercial Code U.C.C.). October 2006 - over - Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031 Harrisburg, PA 17106-8031 Visit us at www.dmv.state.pa.us METHODS OF DISPOSING OF ABANDONED VEHICLES FROM PRIVATE PROPERTY The following methods do not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator/owner of the vehicle violates such posted restriction. (1) Pursuant to Sections 3352(c) and 3353(c) of the Vehicle Code, the landowner may request a police department to declare the vehicle to be abandoned and to require a salvor to take possession of the vehicle. (2) The landowner may personally remove the vehicle from his or her private property to a place of storage pursuant to Section 3353(c) of the Vehicle Code and may bring an action before a District Justice to recover the costs of removal and storage. The landowner must provide the vehicle owner reasonable notice of any action initiated before the District Justice. Once judgment is entered on behalf of the landowner and reasonable notice is provided to the vehicle owner, the vehicle may be sold at a Sheriff's sale in execution of the judgment. (3) The landowner may file suit in Common Pleas Court requesting that an order be entered that (1) awards ownership of the subject vehicle to the landowner and, (2) extinguishes the right, title and interest of any other person to said vehicle. Pursuant to Sections 1114(a) and 1116(b) of the Vehicle Code, the Department would be able to accept such a court order as evidence of ownership in lieu of a certificate of title. In order for the applicant to obtain a certificate of title, a certified copy of the court order must accompany a completed MV-1 form, along with taxes, fees, and evidence satisfactory to the Department that reasonable notice of the court proceeding had been provided to the vehicle owner, and any other interested party, including anyone whose lien is endorsed upon the certificate of title for the vehicle according to the records of the Department. (NOTE: A sample court order is printed below.) A landowner may not repossess an automobile for the costs of storing the vehicle upon the landowner's private property unless the landowner is a bona fide warehouseman as provided by the Uniform Commercial Code, 13 P.S. Section 7102, et seq. A lien or bill incurred for repairs to a vehicle can be collected only by filing a complaint, obtaining judgment against the owner and having the vehicle sold at a Sheriff's sale to satisfy the judgment. Notice of the proceeding must be provided to any person who has a lien endorsed upon the certificate of title for the vehicle according to the records of the Department. 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 20 [make], [model], bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may 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 Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: , Judge Unpaid Charges EXHIBIT "D" Date Charge Cynthia Stager at Rolo Court 034 5/1/2007 Rent 5/10/2007 Bank Charges 5/10/2007 Certified Letters 6/1/2007 Rent 7/1/2007 Rent 8/1/2007 Rent 9/1/2007 Rent 10/1/2007 Rent 11/1/2007 Rent 12/ 1 /2007 Rent 1 / 1 /2008 Rent 2/ 1 /2008 Rent 3/1/2008 Rent 4/1/2008 Rent 5/1/2008 Rent 6/1/2008 Rent 7/ 1 /2008 Rent 8/ 1 /2008 Rent 9/ 1 /2008 Rent 9/5/2008 Maintenance Unpa d,Cliarges Friday September 5, 2008 Amount Remaining Due Date Pay To $310.00 $310.00 5/1/2007 Rolo Court $20.00 $20.00 5/10/2007 Rolo Court $10.00 $10.00 5/10/2007 Rolo Court $310.00 $310.00 6/1/2007 Rolo Court $310.00 $310.00 7/1/2007 Rolo Court $310.00 $310.00 8/1/2007 Rolo Court $310.00 $310.00 9/1/2007 Rolo Court $310.00 $310.00 10/1/2007 Rolo Court $310.00 $310.00 11/l/2007 Rolo Court $310.00 $310.00 12/1/2007 Rolo Court $320.00 $320.00 1/1/2008 Rolo Court $320.00 $320.00 2/1/2008 Rolo Court $320.00 $320.00 3/1/2008 Rolo Court $320.00 $320.00 4/1/2008 Rolo Court $320.00 $320.00 5/1/2008 Rolo Court $320.00 $320.00 6/1/2008 Rolo Court $320.00 $320.00 7/1/2008 Rolo Court $320.00 $320.00 8/1/2008 Rolo Court $320.00 $320.00 9/1/2008 Rolo Court $160.00 $160.00 9/5/2008 Rolo Court $5,550.00 $5,550.00 $5,550.00 $5,550.00 U qe u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff No. 0'. V. ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate of CYNTHIA N. STAGER, as their interests may appear, Defendants CIVIL ACTION - LAW AMENDED PETITION TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE AND NOW comes Plaintiff, ROLO COURT MOBILE HOME PARK, by its attorney, Stacey R. MacNeal of Katherman, Heim & Perry, and respectfully states the following: 1. Plaintiff is the owner/operator of a mobile home park called Rolo Court Mobile Home Park located at Rt. 15 and Lisburn Road, Cumberland County, Pennsylvania. 2. Defendants, Robert A. Stager and Cynthia N. Stager, rented a mobile home lot from Plaintiff, which lot is located at Rolo Court Mobile Home Park, lot # 34. 3. Plaintiff believes, and therefore avers, that Defendants have abandoned a mobile Home known as, a 1974 Buddy mobile home bearing vehicle identification number 04111390H ("Vehicle"). In support, Plaintiff avers the following: A. The Vehicle is no longer occupied; B. Utility service to the Vehicle has been terminated; C. All or most of the personal property was removed from the Vehicle; D. Nobody currently occupies, uses or maintains the Vehicle; and E. The Vehicle has been unoccupied for approximately 18 months. 4. It is believed that the Vehicle was abandoned on or about July 20, 2007. 5. Records from the Pennsylvania Department of Transportation ("PennDOT") indicate that the Vehicle is titled to Robert A. Stager ("Title Owner"). A true and correct copy of PennDOT's Vehicle Record Abstract regarding the Vehicle is attached as Exhibit "A" and incorporated by reference. 6. It is believed and, therefore averred, that Robert A. Stager died leaving his wife Cynthia N. Stager as his beneficiary. 7. Cynthia N. Stager continued to reside in the vehicle after Mr. Stager's death. 8. Cynthia N. Stager died July 20, 2007. No heirs are known. A photocopy of her death certificate is attached hereto as Exhibit "B" and incorporated by reference 9. Keystone Guardianship Services was appointed Administrator of the Estate of Cynthia N. Stager by Order of Court dated February 7, 2008. 10. Defendants have done nothing to protect whatever interests they have, if any, in the abandoned Vehicle. 11. PennDOT's Vehicle Record Abstract regarding the Vehicle indicates that there is no lien on the mobile home. See Exhibit "A". 12. Defendants have failed to pay Plaintiff any rent since July 2007. 13. In order to cause a transfer of the title of an abandoned mobile home, Plaintiff is 2 required by the Pennsylvania Department of Transportation to obtain a court order substantially similar to the proposed order attached to this Motion. A true and correct copy of PennDOT's Methods of Disposing of Abandoned Vehicles from Private Property ("PennDOT Protocol") is attached as Exhibit "C" and incorporated herein by reference. 14. The Vehicle has been unattended for approximately seventeen months as of the date of this Motion. 15. Plaintiffs costs associated with the abandonment of the Vehicle exceed $5,550.00 in continuing lot rent, maintenance fees, court costs and attorney fees. See Exhibit "D", attached hereto and incorporated herein by reference. 16. The failure of the Defendants to pay lot rent or remove the home from Plaintiffs property has caused and continues to cause substantial injury to Plaintiff resulting from Plaintiffs inability to rent the lot that is occupied by the Vehicle presently. 17. Plaintiff cites, as authority to grant the requested relief, Crafton v. Bd. Of Property Asm't, Appeals & Rev., 298 A. 2d 643, 647 (Pa.Commw. 1972) (explaining that equity has jurisdiction where no sufficient statutory procedure exists) and the PennDOT Protocol (delineating the procedure for Plaintiff to follow to have an abandoned vehicle transferred to Plaintiff with all liens having been extinguished). 18. Plaintiffs requested relief is in full accordance with Crafton, the PennDOT Protocol, and previous decisions of Pennsylvania courts. 19. No Judge has ruled upon any other issue in this or a related matter. 20. The concurrence of opposing counsel of record was not sought. There is no opposing counsel of record. The concurrence of Defendant's was not sought as their location is unknown. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested in the attached Order, specifically awarding ownership of the Vehicle to Plaintiff and extinguishing any and all interests of any and all other parties to the Vehicle. Date: I k? tee tfully submitted, CZ?? I/ athe , Heim & Perry Stacey R. MacNeal 345 East Market Street York, PA 17403 (717) 854-5124 (717) 843-2590 facsimile stacey_&khlaw.us I.D. No. PA 80099 Attorney for Plaintiff 4 C? ° ,?? =s°I ?;:, ?? {? . r.?, ? 4 - -;Y ?" t ...?. ' .? l?7 ? ??? ,,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff V. No. QCj - oZ6,0 CIVIL ACTION: LAW ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate CYNTHIA N. STAGER, as their interests may appear, Defendants PLAINTIFF'S AMENDED MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 Plaintiff, by its undersigned Counsel, move the Court to allow alternative service of MOTION TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE, for the following reasons: 1. Plaintiff filed a Petition to Transfer Ownership of Abandoned Vehicle on this same date. 2. Plaintiff believes and therefore avers that Defendant, Robert A. Stager died leaving his wife Cynthia N. Stager as his beneficiary. 3. Cynthia N. Stager died July 20, 2007. 4. On February 7, 2008 Keystone Guardianship Services was named the Administrator of the Estate of Cynthia N. Stager 5. Plaintiff, its agents and representatives, have attempted to locate Defendants and/or their heirs. I - 6. An affidavit describing Plaintiff's efforts to locate Defendants and their heirs is attached hereto as Exhibit "A" and incorporated herein by reference. 7. None of the foregoing efforts were successful in locating Defendants or their heirs. 8. Based on the foregoing efforts as represented in the attached Exhibit, it is submitted that the requirements of the Pennsylvania Rules of Civil Procedure with respect to service by publication have been satisfied. 9. No Judge has ruled upon any other issue in this or a related matter. 10. The concurrence of opposing counsel of record was not sought. There is no opposing counsel of record. The concurrence of Defendant's was not sought as their location is unknown. WHEREFORE, Plaintiff respectfully requests permission from this Honorable Court to obtain service of the Rule to Show Cause on Defendant by publication pursuant to Pa.R.C.P. 430, as proposed in the Order accompanying this motion. Dated: Respec ly submitted, BY: STAC Y R. MACNEAL KATHERMAN, HEIM & PERRY 345 East Market Street York, PA 17403 (717)854-5124 (717) 843-2590 facsimile stacey@khlaw.us I.D. No. PA 80099 2 " CrIo ; r- , ROLO COURT MOBILE HOME PARK PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate CYNTHIA N. STAGER, as their Interests may appear, ; DEFENDANT NO. 09-0260 CIVIL IN RE: PETITION TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE ORDER OF COURT AND NOW, this 12t" day of February, 2009, upon consideration of the Petition to Transfer Ownership of Abandoned Vehicle, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Defendants to show cause why the requested relief should not be granted. 2. The Defendants will file an answer on or before April 15, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 1?k? M I Ebert Ir J ?ey R. MacNeal, Esquire Attorney for Plaintiff J 10 N o G :6 WV f 1833 6001 1101 ill ci 31HL Ao 30H.O-131W ROLO COURT MOBILE HOME PARK PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate CYNTHIA N. STAGER, as their Interests may appear, ; DEFENDANT NO. 09-0260 CIVIL IN RE: PLAINTIFF'S MOTION FOR SPECIAL SERVICE ORDER OF COURT AND NOW, this 12th day of February, 2009, following review and consideration of Plaintiff's Motion for Special Service, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff may serve a copy of the Rule to Show Cause for the Petition to Transfer Ownership of Abandoned Vehicle upon Defendants by publication one time in a newspaper of general circulation in Cumberland County, Pennsylvania and one time in the Cumberland Law Journal, pursuant to Pa.R.C.P. 430(b)(1) and by posting same upon the Mobile Home located at Rolo Court Mobile Home Park, Lot #34. By the Court, tacey R. MacNeal, Esq Attorney for Plaintiff M. L. Ebert, Jr., J. (l S :6 WV £ ! 83J 60OZ ?ZA JO J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff No. 09-0260 V. ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate of CYNTHIA N. STAGER, as their interests may appear, Defendants CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND I, Stacey R. MacNeal, Esquire, being duly sworn according to law, both depose and say that a copy of the Notice attached hereto as Exhibit "A" was published in the above- captioned matter in The Sentinel - Legal, on February 23, 2009, a copy of the Notice attached hereto as Exhibit "B" was published in the above-captioned matter in the Cumberland Law Journal, on March 6, 2009 and a copy of the Notice attached hereto as Exhibit "C" was posted on the subject mobile home on February 20, 2009 all of which facts your deponent avers to be true and correct. Sworn and subscribed to before me this 21st dayof April, 2009. Stacey R. MacNeal, Esquire Katherman, Heim & Perry 345 East Market Street York, PA 17403 I. D. No. 80099 LINDA L. SNAPPER. NOTARY PUSUC CITY OF YORK, YORK COUNTY __ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13f,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 23, 2009 COPY OF NOTICE OF PUBLICATION TO: ROBERTA. STAGER,'andKEYSTONE GUARDIANSHIP SREVICES,' ADMINISTRATOR OF THE ESTATE CYNTHIA N. STAGER, THEIR HEIRS, SUCCESSORS OR ASSIGNS NOTICE is hereby given that a pursuant to Pa.R.C.P. 430(4)(1), a Rule to Show Cause was filed with the Crupmbeerland County Court of ommon'Pieas directing show Petition to Transfe200 r O*rf6rsshhip of an os Abandoned Vehi le known as a 19wihy 74a y Buddy mobile home bearing vehicle Identification number 04111390H - should not be granted. This rule is returnable on or before °40115, 2009. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. qzn44 Sworn to and subscribed before me this -Irt /IVn rn fix, ?l?,c, c? Notary Public My commission expires: COmmo 4- t.r d__t 4 i ?F f?Ef dNSYLVANIA I OTAR!AL SEAL [13AMBI ANN HECKENCORN; Notary Public Camp Hill Boro., Cumberland County y Commission Expires January 27, 2040 TFIE SENTINEL - LEGAL P~0. BOX 130, CARLISLE PA 17013 AD NUMBER CLASS 365005 10 PUBLIC NOTICES AD DESCRIPTION NOTICE TO: ROBERT A. STAGER, AND PUBLICATION INSEF 3 THE SENTINEL - LEGAL TOTAL AD CHARGE 3 PROOF OF PUBLICATION RUN Stager 01PRF PAY THIS AMOUNT 02/23/09 24 * 2 START DATE STOP DATE 02/23/09 02/23/09 NET AMOUNT GROSS AMOUNT 42.48 42.48 7.00 49.48 1 59.38* MESSAGE: Thank you for advertising with The Sentinel. Deadlines for in-column legal advertisements: Monday is Thursday at 5 p.m; Tuesday is Friday at 5 p.m.; Wednesday is Monday at 5 p.m; Thursday is Tuesday at 5 p.m; Friday is Wednesday at 5 p.m ; Saturday is Wednesday at 12 Noon; Sunday is Wednesday at 5 p.m. If you have any questions regarding your Legal bill please call Classified Manager at 717-240-7176 Fax your legals to 717-243-3754 attention Classified Manager You can also EMAIL your legal to Classified ads: classified@cumberlink.com Please send a cover letter including your name and address as an attachment DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT THE SENTINEL - LEGAL Stager P n RAY '13[1 CARI ISI F PA 171113 AD NUMBER CLASSO START DATE STOP DATE 365005 PUBLIC NOTICES 02/23/09 02/23/09 AD DESCRIPTION BILLING DATE TELEPHONE NU R NOTICE TO: ROBERT A. STAGER, AND 02/23/09 717-854-5124 r KATHERMAN, HEIM & PERRY 345 E. MARKET ST. YORK, PA 17403 Kt I AIIV I Falb HUK I IUIV t-UK TUUK K"UKLJO KATHERMAN, HEIM & PERRY wolfs 1 I LGL GROSS AMOUNT OF 59.38 DUE AFTER 03/25/09 TOTAL AMOUNT DUE 49.48 ENTER AMOUNT ENCLOSED 20200000003650050000000000000000593800000049486 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. yY Marie Coyne, SWORN TO AND SUBSCRIBED before me this 6 day of March, 2009 Notary NOtAItIAL SEAL OEBORAM A COLLINS Notary Public CARLISLE BoRo, CUMBERLAND 28 OU I My Commission Expires Apr CUMBERLAND LAW JOURNAL NOTICE TO: ROBERT A. STAGER and KEY- STONE GUARDIANSHIP SERV- ICES, ADMINISTRATOR OF THE ESTATE CYNTHIA N. STAGER, THEIR HEIRS, SUCCESSORS OR ASSIGNS NOTICE IS HEREBY GIVEN that pursuant to Pa.R.C.P. 430(b)(1), a Rule to Show Cause was filed with the Cumberland County Court of Com- mon Pleas on February 12, 2009, for the purpose of directing you to show cause why a Petition to Transfer Ownership of an Abandoned Vehicle known as a 1974 Buddy mobile home bearing vehicle identification number 04111390H should not be granted. This rule is returnable on or before April 15, 2009. Mar. 6 CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Tole: (717) 249-9188 Fax: (717) 249-2888 March 6. 2009 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Stacey R. MacNeal, Esquire RE: Stager Estate - Rule to Show Cause Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisement inserted on following dates: March 6, 2009 Advertising Cost $ 75.00 Proof of Publication $ .00 Second Proof Request $ .00 Payment received $ --- 75.00 ---------- Total Amount Due $ .00 Becky H. Morgenthal/Executive Director AFFIDAVIT OF SERVICE I, Stephanie A. Chaby, the undersigned adult individual, having been duly sworn upon my oath, state that I did post a copy of the attached NOTICE to Robert A. Stager and Keystone Guardianship Services, Administrator of the Estate Cynthia N. Stager, their heirs, successors or assigns, on the mobile home located at 2535 Rolo Court, Mechanicsburg, PA 17055. On the 20th day of February, 2009 at 12:01 PM. Stephan A. Chaby Subscribed and sworn before me, the undersigned notary public this 20th day of February, 2009. C?tl ???U1?,t?. m 1rnaJ? Kim M. Mummert, Notary Public RN&rEALTH OF PENNSYLVANIA NM W Sod Kim M. MINIVred, Notary public Eft Mocheow NNp., York Courtly My CAmrnWW ftkft May 8.2009 Member, Pennsylvania Association of Notaries F L.I _ `t i?? ` OF THEE FI=r'` THCI IONRY 2009 APR 22 Ph ' ;: 0 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff No. 09-0260 V. ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate CYNTHIA N. STAGER, as their interests may appear, Defendants CIVIL ACTION: LAW PLAINTIFF'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE PURSUANT TO Pa. R.C.P. No 206.7 AND NOW COMES, the Plaintiff, Rolo Court Mobile Home Park by their undersigned counsel, and respectfully move this Court to make absolute the Rule which was issued on the Defendant, Robert A. Stager and Keystone Guardianship Services, Administrator of the Estate of Cynthia N. Stager, as their interests may appear, in the above-captioned action on February 12, 2009, to show cause why Plaintiff should not be granted Petition to Transfer Ownership of Abandoned Vehicle, and in support makes the following averments: 1. On February 6, 2009 Plaintiff filed the Petition to Transfer Ownership of Abandoned Vehicle. 2. On February 6, 2009, Plaintiff filed a Motion for Special Service to service the Rule to Show Cause by publication. 3. On February 12, 2009, a Rule to Show Cause why the Ownership of the subject vehicle should not be transferred was issued by the Honorable M. L. Ebert, Jr. ti) VA, 4. On February 12, 2009, an Order for Special Service was entered to allow publication of the Rule to Show Cause for the Petition to Transfer Ownership of Abandoned Vehicle in a newspaper of general circulation in Cumberland County, Pennsylvania and in the Cumberland Law Journal and by posting same upon the Mobile Home located at Rolo Court Mobile Home Park, Lot No. 34. 5. On February 20, 2009, Notice was posted on the Mobile Home located at Rolo Court Mobile Home Park, Lot No. 34. 6. On February 23, 2009, Notice was published one time in the Sentinel, a newspaper of general circulation in Cumberland County, Pennsylvania to Defendant. 7. On March 6, 2009, Notice was published one time in the Cumberland Law Journal. 8. On April 22, 2009, an Affidavit of Service was filed with the Cumberland County Prothonotary's office showing Proof of Publication in the Cumberland Law Journal, the Sentinel and by posting of the Mobile Home. 9. To date, no response has been received from Defendants. WHEREFORE, Plaintiff Rolo Court Mobile Home Park respectfully requests that this Honorable Court make the Rule absolute and grant Plaintiffs' Petition to Transfer Ownership of Abandoned Vehicle. RAACEY ctfally mitt BY: S . MACNEA L KATHERMAN, HEIM & PERRY 345 East Market Street York, PA 17403 (717)854-5124 (717) 843-2590 facsimile stacey@khlaw.us I.D. No. PA 80099 x ALE' OF THE THOINOTAPY 1009 MAY -6 PM 1: 26 CUl a , :r , ? (j, ,,Juwl-y P NK `Gkv)A r? t t w MAY 0 7 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT MOBILE HOME PARK Plaintiff No. 09-0260 V. ROBERT A. STAGER and KEYSTONE GUARDIANSHIP SERVICES, Administrator of the Estate of CYNTHIA N. STAGER, as their interests may appear, Defendants CIVIL ACTION - LAW ,OR D E R TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE AND NOW, this IOday of _ M % , 2009, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby confirms ownership of one 1974 Buddy Mobile Home, bearing vehicle identification number 04111390H to ROLO COURT MOBILE HOME PARK, Petitioner herein, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. After submission of the appropriate forms, taxes and fees the Department of Transportation shall issue the certificate of title for said vehicle to the Petitioner. \\Xt' '? ?An \\ J. fG I ?r.,?^:?ry. ?r? ?a? ? ? ) ?' ; Ct'7 r','zpf 6ti?Z ... 4 ?.? J v } t ?';? .?_? {?-' ..