HomeMy WebLinkAbout01-6811ROBERT E. GOODLING, :
trading and doing business :
as POCONO VILLAGE ASSOCIATES :
:
vs. , -
:
DONI~IA G. Ki~J~CHT :
Defendant/Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this ~ day of~, 200/ , 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 ~ day of ~///z~
2002, in court Room No. ~ , at ~ "~ o'clock ~ M.
Counsel for Plaintiff is directed to direct Notice of this Hearing
to Defendant/Respondent at her 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.
Andrew C. Sheely, Esquire
Attorney for Plaintiff
BY THE COURT,
ROBERT E. GOODLING, :
trading and doing business :
as POCONO VILLAGE ASSOCIATES :
:
VS.
: Ol-
:
DONNA G. KRECHT :
Defendant/Respondent :
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
NOT I CE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Date: November 7, 2001
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
BY Andr~ew C .~Sh(eel
PA. I. D. N°~'
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
ROBERT E. GOODLING, :
trading and doing business :
as POCONO VILLAGE ASSOCIATES :
:
VS. : 01 -
:
DONNA G. KRECHT :
Defendant/Respondent :
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP
VEHICLE BY COURT ORDER
Robert E. Goodling, trading and doing business as Pocono
Village Associates, Plaintiff/Petitioner, by and through counsel
of Andrew C. Sheely, Esquire, hereby files this Petition for
Involuntary Transfer of Ownership of a mobile 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 trading and doing business under the duly registered
fictitious name of Pocono Village Associates, with an address of
258 West Baltimore Street, Carlisle, Cumberland County,
Pennsylvania, 17013.
2. Defendant/Respondent Donna G. Krecht is believed to be an
adult individual with a last known address of HCR 1, Box 343,
Bartonsville, PA 18321.
3. Plaintiff is the owner of a mobile home park known as
Pocono Village located in Monroe County, Pennsylvania.
4. For a period in excess of twelve months, a 1988 Hampshire
Mobile Home, Title Number 40810733, Vin Number 22111178X has been
abandoned on Plaintiff's property located in Monroe County,
Pennsylvania.
5. Efforts by Plaintiff 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 July 9, 2001, counsel for Plaintiff 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 owner of the mobile home is
Defendant/Respondent Donna G. Krecht, with a address of HCR 1, Box
343 Bartonsville, Pennsylvania.
8. On or about October 25, 2001, counsel for Plaintiff
directed a letter to the address of Defendant/Respondent by
certified mail for the purpose of contacting Defendant/Respondent
to advise her to remove said mobile home from Plaintiff's
premises. A copy of the letter is attached hereto as Exhibit "B".
9. Subsequently, the October 25, 2001 letter was returned to
counsel for Plaintiff indicating that the letter was unclaimed. A
copy of the returned envelope and mail charge are attached hereto
as Exhibit "C".
10. Plaintiff desires to obtain title to the above-described
mobile 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 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, Pocono Village Associates,
respectfully requests that this Honorable Court:
(1) Schedule a hearing date at least sixty (60) days after
receipt of the instant action so as to allow Plaintiff, Robert E.
Goodling, trading as and doing business as Pocono Village
Associates, to properly complete all required notice provisions
for advertisement to Defendant/Respondent; and
(2) After such hearing, enter an Order of Court indicating
that the Commonwealth of Pennsylvania, Department of
Transportation may accept the Order of Court as evidence of
ownership in lieu of a Certificate of Title, provided
Plaintiff/Petitioner submits all forms, taxes and fees in order to
receive the appropriate certificate of title for said mobile home.
(3) Any other relief deemed just and equitable.
Date: November 27, 2001
Respectfully submitted,
Andrew C. Sheely,~r~e
Attorney for Plaintiff,
Robert E. Goodling, trading as
and doing business as Pocono
Village Associates
127 S. Market Street, P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
EXHIBIT "A"
OWNER
PENNSYLVANIA DEPARTMENT'OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
7/09/0i
PAGE I
011901796000120
: DONNA G KRECHT
HCR I BOX 3q3
BARTONSVILLE PA 18321
LESSEE : NONE
TITLE NUMBER : q0810733
TAG NUMBER
VIN : 22111178X
MAKE : HAMPSHIRE
MODEL :
RENEWAL WID :
PREVIOUS TAG :
LIENS : NO
STOPS : A
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
TITLE DATE
REGISTRATION EXPIRY DATE:
07/11/88
BODY TYPE : MH
ODOMETER READING :
~EXEMPT BY FED LAW
DUPLICATE TITLE COUNT : 0
VEHICLE YEAR : 1988
STOLEN DATE :
LIEN INFORMATION
NO LIENS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INFORMATION: (7:00 AM TO 9:00 PM)
IN STATE 1-800-932-q600
OUT-OF-STATE 717-391-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-591-6191
WWW.DOT.STATE.PA.US
EXHIBIT "B"
Telepkone: (717) 697-7050
ATTORNEY AT LAW
127 South Market Street
P.O. Box 95
Mech~nicsb~rg, Pennsylvar~a 17055
Fax: (717) 097-7065
October 25, 2001
Donna G. Krecht
HCR 1, Box 343
Bartonsville, PA 18321
RE: 1988 Hampshire Mobile Home
Title Number 40810733
VIN 22111178X
Dear Ms. Krecht:
Please be advised that the above-referenced mobile home has been
abandoned for some time and located on the property of my client, Pocono Village
Associates, owner of the Pocono Village Mobile Home Park, in Monroe County,
Pennsylvania.
The mobile home is registered in your name with the Commonwealth of
Pennsylvania. As an abandoned mobile home, my client has the right to have the
mobile home towed and removed from the property. Any towing, storing or other
related charges, in addition to the other damages, would remain your responsibility. In
addition, it is possible that other proceedings could be initiated against you for
abandoning a mobile home on another's property.
Please contact me immediately to discuss these matters. If I do not hear from
you on or before October 31, 2001, formal actions will be taken to obtain title to the
mobile home and pursue any and all actions for damages incurred by the abandoned
mobile home.
Very truly yours,
ANDREW C. SHEELY
ACS/awm
Enclosure
c: Pocono Village Associates
Certified Mail #7099 3220 0011 0105 7524
EXHIBIT "C"
Postage
Return Rsceipt Fee
(Endorsement Required)
(Endorsement Required)
Total Postage & Fees
INflOHU
10~9~ 130
~d'OUflS$3INUH3]W
OIUd
39~S0d ~s'n
1~:~8l
IIIIIJIIJJll
EXHIBIT "D"
From-OFFICE OF CHIEF COUNCIL
Involuntary Transfer of Ownership of a Vehicle by
Court Order
Certifica'
and surf
of a vehi
of a pr
REGAF
1.
This Fa~t Sheet outlines the proc~,~lures that must be followed w,h_en applying [or a
Certifl.ca~ of Title involvir~g the involuntary transfer of a vehicles owner.~ihip. This
procedure involves obtaining a court order and should be ased only n those
circumstances where it is Impossible l= 'transfer ownership of a vehicle by the use: of a
~ of Title or Vehicle Man~act, urer Certificate of Origin. Since every ~et of facts
)unding circumstarlces will !3e unique, a person ~ttempti~lg to be declared owner
;le where proper =,vnershtl:, documents are not available ;~hould seek the a.~vice
vats attorney. THE DEPAI~TMENT WILL NOT OFFER LEGAL ADVICE
)lNG THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHIICLE.
A pemon attempting to oi~ain ownership of a vehicJe must commence a
proceeding with a court of competent jurisdiction setti,ng forth the facts~ alld
circumstances of the case. The ownership of the vehicle will be determi~ed by the
court. Please note that a sample court order is provided on the reverse .,~ide of this
fact sheet. UNLESS THE COMMONWEALTH OF; PENNSYLVANIA,
DEPARTMENT OF TRANSPOR'rATION IS THE OWNER OF THE VEHICLE IN
QUESTION, THE COMMONWEALTH OF PENNSYLVAI~I:IA, DEPARTMENT OF
TRANSPORTATION IS NOT AN INTERESTED PAI~t'I'Y TO THIS COURT
PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLW~.NIA,
DEPARTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN
THE PROCEEDING.
2. A person affempting to be declarscl owner of a vehicle b'! court order must notify
all persons with an interest ir1 the vehicle of the p~ndency of the court proce~ing.
The notification must be sent by certified mail, return receipt requested, an¢ must
include the following:
(1) A specific descriptk)n of the vehicle (i~.e.';-year, make, modsJ and VIN);
(2) The court of com~te,nt Jurisdiction whets'an acAi~c,n will be or has been
filed; and
(3) The time, date ana place of any court proceeding
AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PER:SON(S) TO WHOM THE
VEHICLE I$ PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER
THAT I$ LISTED ON THE TITLF RECORD. PLEASE NOTE THAT IF A PERSON
ATTEMPTING TO BE DECLAREID OWNER OF A VEHICLE IS UNAWARE OF ANY
PERSON WITH AN INTEREST !1~ 'THE VEHICLE, THE PEP|SON ATTEMPTING TO
OBTAIN OVVNERSHIP OF THE VIEHICLE MAY OBTAIN A CEI;:I'IFIED COPY OIF THE
VEHICLE'S COMPUTER RECORI:) BY COMPLETING FORM DL-135 (REQUES'r FOR
VEHICLE INFORMATION), AND SUBMITTING FORM DL-135 TO THE DEPARTMENT
ALONG WITH THE APPROPRIATE FEES.
May 1~39
- ()ver.
BUreau of MOtor Vehicles - Research and Support Opel~ti,ons 8e~ion
P.O, ~x 68~31, ~arHsbu~, PA 171~031
~it ~ at our ~si~ ~ ~.d~.e~.~,~ {eli~k ~e~
~ay-g]-~000 0g:4" Fr~m-0~FICE 0F C~IEF COUNCIL
+7177051122 T-f;9 P.003/003 ;-669
In the event the notice sent to a person with afl interest in the vehicl:e is ret~Jmed as "Unclaimed,."
the person attempting to be declared ~:wvner of the vehicle must advertise a legal notice at least
once in the county legal journal(s) and at least erie Per week for three consecutive weeks in the
newspaper(s) of general circulation where any pemon known to claim an Intere.,~t in the Vehicle may
be located and where the vehicle is located, if tt~e,,~e two locations are differe,n,t. Please refer to the
Pennsylvania Bar A$.~ocie~ion Lavvyer~J Directory & Produce Guide to detertTiine the appropr!ate
legad journal The advertisement should include the following:
(1) A specific description of the vehicle (i.e., year, make, model and VI NI):
(:.~) The court of competent jurisdiction wh~re an action will be or has been filed; and
(3) The time, date and place of any court I~rc~c~ling.
4, When the above procedure is followed and the court of competent judsdtc~i,=n enters an order
declaring an individual the rightful owner of the vehicle, the Deparlment may isaue 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 c~nter of the w~hicb.~;
(2) A notarized statement listing the names and addresses of all person~s notified ancI how
each notification was served;
(3) A copy of the notification sent to all person..~ with an interest in the vehicle, including the
ossified mail return receipts;
(4) Copies of newspaper advertisements and dates published;
(5) Form MV-J, "Application for Certificate of Title," and check or money ¢,rder payable to the
Commonwealth of Pennsylvania.
Unless the petitioner can claim a Sales Tax Exemptlor~, ~ales tax must be paid on the Fair MarK, st Value
of the vehicle as listed in a current edition of a Departmenl-approved publication. A~i~oroved Department
publlcattor~s include tile following: N.A.D.A., The Auto~,oblle Red Book, The Black ~K~k Official D'sed Car
Guide, Arr~rican Used Car Guide, and The Kelley Blue Book Used Car Guide.
SAMPLE COUld' ORDER
AND NOW, this day of
been provided to all interested parties, the Court hereby
and an Ol:,portunity for hearing' havin, g ,19 , after 'easonable notice
awards ownership of one 19 [make], [n~odel], bearing vehicle identification number
to [name of applicant], and the right, title
and interest of any other person to said vehicle i.~ hereby extinguished. The Commonwealth of
Pennsylva, nia, Department of Transportation may accept this order a~s evidence of ownership in
lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms Itaxes and fees ~nd
comply with any other procedures of the Commonwealth of Pennsylvania, Departn,'~ent of
Transport~tion in order to receive the appropriate Ce~rtificate of Title for said ~rehicle.
BY THE COURT:
Judge
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: November ~7, 2001 I~~~~
R~bert ~. ~o~r~ --
ROBERT E. GOODLING, :
trading and doing business :
as POCONO VILLAGE ASSOCIATES, :
DONNA G. KRECHT, :
Defendant/Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this ~ day of February, 2002, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1988
Hampshire Mobile Home, Title Number 40810733, VIN 22111178X, to
Petitioner, Robert E. Goodling, and the right, title and interest of any
other person to said vehicle/mobile home is hereby extinguished. The
Commonwealth of Pennsylvania, Department of Transportation may accept
this Order of Court as evidence of ownership in lieu of Certificate of
Title. The Petitioner shall submit the appropriate forms, taxes and
fees and comply with any other procedures of the Commonwealth of
Pennsylvania, Department of Transportation, in order to receive the
appropriate Certificate of Title for said vehicle/mobile home.
BY THE COURT,
Andrew C. Sheely, Esquire ~0.~~''~/~
Attorney for Plaintiff/Petit~dndr