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Home My WebLink About09-1676IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 2005 FOREST RIVER : No. 2009- CHEROKEE TRAVEL TRAILER VIN 4X4TCKF295P092338 : CIVIL ACTION-LAW PETITION FOR RULE TO SHOW CAUSE WHY OWNERSHIP OF VEHICLE SHOULD NOT BE INVOLUNTARILY TRANSFERED TO THE JUDGES OF SAID COURT: AND NOW COMES, Robert J. Gray, by and through his attorney, Jacqueline M. Verney, Esquire and files this Petition For Rule to Show Cause why Ownership of a Vehicle should not be Involuntarily Transferred and in support thereof offers the following: 1. Petitioner is Robert J. Gray, an adult individual residing at 654 Rocky Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Petitioner purchased a 2005 Forest River Cherokee Travel Trailer, VIN 4X4TCKF295PO92338 on December 4, 2007 from William A. Malec, an adult individual who resides at 8 Eagle Crest Cove, Jackson, Tennessee, 38305. 3. When Petitioner purchased the Travel Trailer in Tennessee, he believed it did not need to be titled or registered in Tennessee and further believed that he could have it titled in Pennsylvania without titling it in Tennessee. 4. The Certificate of Origin of the Vehicle is attached hereto and made a part hereof as Exhibit "A." The new vehicle was owned by Forest River, Inc. of 55470 County Road 1, Elkhart, Indiana 46514. 5. The vehicle was transferred by Forest River, Inc. to RV City II of 18925 130, Benton, Arkansas 72015 as set forth in Exhibit "A." 6. The vehicle was transferred to William A. Malec, A/K/A Bill Malec by RV City II as evidenced by Exhibit "B", attached hereto and made a part hereof. 7. William A. Malec transferred the vehicle to Petitioner, Robert J. Gray, on December 4, 2007 as evidenced by the Bill of Sale attached hereto and made a part hereof as Exhibit «C » 8. Petitioner has requested William A. Malec on several occasions to title the vehicle in Tennessee so that the title could be transferred to Pennsylvania. 9. William A. Malec has not responded to Petitioner's requests. 10. The vehicle is stored in Tennessee and Petitioner has been unable to enjoy the use of the vehicle. 11. Petitioner secured a loan from Members First Federal Credit Union to purchase the vehicle. 12. Member's First Federal Credit Union has requested title to the vehicle so that they may officially place a lien on said vehicle. 13. Member's First Federal Credit Union has called William A. Malec in an attempt to resolve this matter. William A. Malec has not returned Member's First's telephone calls. 14. The Pennsylvania Department of Transportation requires a Court Order awarding ownership of said vehicle to Petitioner in order for a title to be issued. 15. The Pennsylvania Department of Transportation also requires that notice must be sent to the persons to whom the vehicle is presently titled and any registered lienholder. 16. Petitioner has sent a copy of this pleading and will send a notice of hearing by certified mail to William A. Malec A/K/A Bill Malec and Member's First Federal Credit Union. 17. Petitioner requests this Honorable Court to issue a Rule to Show Cause why the title to the vehicle should not be involuntarily transferred to Petitioner so that title can be issued by the Pennsylvania Department of Transportation. WHEREFORE, Petitioner requests this Honorable Court to issue a Rule to Show Cause why Petitioner should not be declared the owner of said vehicle. Respectfully submitted, acq ine &Vemmey?,Esquire #23 67 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: /#a/ -1 Ro ert I Gra EXHIBIT "A" FEB-13-09 16:15 FROM-Cancentra H8G East 7175586709 FOREST RIVER, INC. DATE 1/30/ZOO'4 INVOICE NO. VEHICLE IDENTIFICATION NO. VZZ8?44 YEAR MAKE 4X4TCKF295P092338 2005 OiEROKEE BOOM TYPE SNIPPING WEIGHT TRAVEL TRAILER 7280 M.P. (S.A.E.) G.V.W,R. No. GYLS. SERIES OR MODEL. 11290 CKT29Wf T-688 P.003/004 F-662 LENGTH WITH HITCH 34'1", WITHOUT HITCH 30110". MrrrTH l3 1, the undersigned authorized representative of the company, firm or corporation named below, hereby cer- tify that the new vehicle described above Is the property of the said company, firm or corporation and Is transferred on the above date and under the Invoice Number Indicated to the following distributor or dealer. NAME OF 1318TRIEUTOR, DFALER, ETC. 7 & M MOBILE HOMES DBA RV CITY II 18925 I 30 BENTON, Alt. 72015 If tha vehicle descrlbea hereon is a motor horns the undersigned cartlfles tnat it Is equipped with at least four of the following life support systems; cooking, refrigeration or Ice box, self-oontalnsd collet, heating and/or air conditioning, a potable water supply system Including a faucet and sink, saparam 1 to-11s volt electrical power supply and/or an LP gas supply, all of which most the ANSI A119.2 standards. It Is further certified that thla was the first transfer of such now vehicle In ordinary trade and commerce, FOREST RIVER, INC. 001 BY; IA441? (Bl®NATURE OFAUTMORIZAD REPREAENTATIVP (AQF-" 55470 COUNTY ROAD 1 MM126399 ELKHART, IN '45514 CITY- STATE FR572432 EXHIBIT `6B" FEB-13709 16:15 FROM-Concentra HBG East 7175586709 T-688 P•004/004 F-662 Eeah undarsigrted sotlsr Celebes a the pact of rue 1LrloWWP, sli;;*-n And belief WNW porushy d haw y(at Ins YCale0 Is now And Nam been roglsuroq•In Mir or any slaa•al II)a nine of grllivenr am me vatioa r. nor aubpt:r M Any securgy Ireerr? cslar loan llrie rfAaaaib ftsrtnA NO warrant INN to no uehlcls. IJJ& Rocalv6D I T R LE F R F l! ATE TOt NAME OF PURCIIASERrS1 " ADORES6 ZU f3 ?? ?, GO n dc 0 ------------ - A? _ ! certify m the Baer of my knbwrebpe mat Ute Dttgmetat naadlri9ls • •' o Teems o 13MER ?? IT .F S _ BY: - RV Being dory swam upon oath? asyya mat the stalemoms aar forth Ara bw ana catrtxd, Slpcgaao and swo0.1 belara rile to Slitd of on ING dWo c Cownty of - otm Pwolir: uSI NOTA CATion oNLY iF Ruowi tN TITLiNO JIB N a NAME OF PURCHAS2R(S) ADDAM I corldy a dw Deal of my knrwlegge trial the eamwiRr raaoing Is No Tenors DEALER BY. w Being dilly Aworn upon oastaeya real Ina alaremanto e oar tope era law end am sroeay7ea and a-arrl ablate fro Stain of on I* gate c y CouritY of .--Norery PuDIic a u3I mOTARZATION ONLY X R80uIAND INTRuma AuRiADICfle* NAME OF rt PURCHASER(6) A13PRESS 2 I conlry to the haul of my kndwlgdga Iltrlt tria dcoWiar reading Is No T¦mirie DEALER ruNc on a'""_'-h N BY: Sting duly ewprn upon oath ways trial Ina alnrafflengs ±,?JJ set forth are Iran an=on Swbtmiaad ara swam Dafofa me r? Stele of Oil this polo _ • yr County of M rn u59 NoTARR;TMON ONLY IF RaOUIREP IN 9 i ad Iurimplb'noN - etery Pwnik v NAME OF u? PuRCHASG111(5) ADDRESS f i i candy to ddb Dart of rpy FnOwludgd tnai Me otiontider reading in DEALER BY: No Tenth: Hi a acM,en •A!e h?? Siting duly swam open oath saYya•tha ens srntnlgerita Stara p) en tout araprla aria txalQt. Suoit7lbod rod ewom Coforo ma an into dale - A CAwIdY 01 - --?= o FLIIC tit: AFe tldN YIFR i MTUNG' N lary Fadaral Law r¦qul[ea yaw to bible Ifle oaomow moage In eonrl9etlon wen Iris motor of o-nnarsrilp. Fokr- to comreora at Providing a false afaft R Inay Io?d1 In Ilnos Mite IrnpriconNNnL I certify a to boat of my Ieiowl 42 Ihat me odgnow laedlrp Is Ow BO Wfl rgieaga of Iris VW106 unless drill of We faW*g ateamr, is Malted, Odometer 5 AawYng No Terldte. C7h: mlisai7o shad is In moms or lis mr>R01anICNJI(tai. QTha odametat raedM is not lea eowalmWm E WARNWG ODOMdT6R DISCRIIIPANCY Z a Slgrwturd(a) of s-ilaftal _ V y PAIN of 51alcmant is or SAID a a primed Norto(n) of Sallorv- Clwlur'a No • Soing a4fy sworn upon oath nayya that tha aleremonts W. 50wiwm of Purchhsor(a) _ sot forth as Duo aria canes. Swommoo so sworn bW iv me Printed Nbme(6) of •pwrcnoaartM) art this dplb ? ? - __Iafy Public Campsiry NAmc (ilAppIWnale) .. Salta of - -- Address of Pw04s9r(s)__ Cownly of f ONLYS RM IAF IN Li ,.nl MOT iii ion in favor of .Oa -Boos atkiro- a IS_ i O M Znd urn In favor of .? _ wriase addrDU 16 t EXHIBIT "C" C? c11 ' " C l a v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 2005 FOREST RIVER : No. 2009- j (p 7? CHEROKEE TRAVEL TRAILER VIN 4X4TCKF295PO92338 : CIVIL ACTION-LAW AMENDED PETITION FOR RULE TO SHOW CAUSE WHY OWNERSHIP OF VEHICLE SHOULD NOT BE INVOLUNTARILY TRANSFERED TO THE JUDGES OF SAID COURT: AND NOW COMES, Robert J. Gray, by and through his attorney, Jacqueline M. Verney, Esquire and files this Amended Petition For Rule to Show Cause why Ownership of a Vehicle should not be Involuntarily Transferred and in support thereof offers the following additional averments: 18. No Judge has ruled upon any issue in this matter or a related matter. 19. There is no counsel of record in this matter, so concurrence has not been sought. WHEREFORE, Petitioner requests this Honorable Court to issue a Rule to Show Cause why Petitioner should not be declared the owner of said vehicle. Respectfully submitted, 31.2 q/6? ( ac line M. Verney, Esquire 4231 744 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner wr ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. YK ?/ Dated: 3/.2y/09 line M. Verney, Esquire # 167 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 Attorney for Petitioner e 'i7 w Mx. Film F Ci ri 7.3 L3 r...i "? MAR 19 20004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 2005 FOREST RIVER : No. 2009- ( fo ? ?d C- CHEROKEE TRAVEL TRAILER VIN 4X4TCKF295PO92338 RULE TO SHOW CAUSE AND NOW, this - day of , 2009, upon consideration of the foregoing petition, it is hereby ordered: 1. A rule is issued upon William A. Malec and Member's First Federal Credit Union to show cause why the moving party is not entitled to the relief requested. 2. William A. Malec and Member's First Federal redit Union shall file an answer to the Petition within 20 days efthis dente. J&% -MV IC t.. 3. The Petition shall be decided under Pa.R.C.P. No. 206.7. r~ 4. Depositions shall be completed within 4S days of this date. JVK4.', rS Argument shall be held on W 114J ?'% , 2009 in Courtroom ?_of the Cumberland County Courthouse. OA- R lo f?N^ 6. Notice of the entry of this Order shall be provided to William A. Malec and Member's First Federal Credit Union by the Movant. eline M. Verney, Esquire, for Petitioner cc?aa lim m A. Malec 8 Eagle Crest Cove Jackson, TN 38305 /lember's Frist Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 ?E S r. J C-4 ??n -a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 2005 FOREST RIVER : No. 2009-1676 CIVIL CHEROKEE TRAVEL TRAILER VIN 4X4TCKF295PO92338 : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and says that she is the attorney for Petitioner, Robert J. Gray, and that she did serve a true and correct copy of the Petition for Rule to Show Cause that was filed in the above matter, by U.S. mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the respondents, Member's First Federal Credit Union on March 31, 2009 and William A. Malec on April 10, 2009. The receipt forms are attached hereto as EXHIBIT "A". /"l I gi: ?4 2 ?36 q ineM. Verney, Ere? 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner Sworn to and subscribed TMU-1- Notary re me this day of '2009. Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I VALERIE F. GSELL, Notary Public Carlisle Boro., Cumberland County Commission Expires October 9, 2010 ¦ Complete items 1, 2, and 3. Also complete A. Sig t item 4 if Restricted Delivery is desired. ,??? ent X ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Rec y rin Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery a dress diffe bite ? J Yes If YES, enter delivery a d?e elow: Mtm6t4S lST FGu- ? 6060 LOaIs:F- y P Y ?. AO AI b u? K f- L AVIV 1 G 5 / 3. Service Type 17015's" rtified Mail ? Ecpress Mail ? Registered ? Return Receipt for Merchandise A-T-t , TO N Y A k?P•U S ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7002 0860 0000 1074 7569 (transfer from service labeQ PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Wmilitm A. IHALE6 lgs 6/- ts r ?? J-4c so N , 38 36.E h ^ ? Addressee B. Received by (Printed Name) C. Date of Delivery klro(n1 4441 Ge- 1411elOg D. Is delivery address different from item 11 0 'Yes If YES, enter delivery address below: 13 No 3. Service Type IEP6rtified Mail ? Express Mail ? Registered 13 Return Receipt for Merchandise Q Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7003 1010 0001 1198 2899 (transfer from service labeq PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 A. Signqtugp X ? Agent W EXHIBIT "A" OF THE 2009 APR 21 AFi 10'. 10 R ? 1 + T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: 2005 FOREST RIVER : No. 2009- (0 7 cN, ( CHEROKEE TRAVEL TRAILER VIN 4X4TCKF295PO92338 . ORDER OF COURT AND NOW, this { day of ?J?j , 2009, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 2005 Forest River Cherokee Travel Trailer, bearing vehicle identification number 4X4TCKF295PO92338 to Robert J. Gray, and the right, title and interest of any other person to said vehicle is hereby extinguished, except for the lien that Members' First Federal Credit Union has against said vehicle. The Commonwealth of Pennsylvania, 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 Commonwealth of Pennsylvania, Department of Transportation in order to receive the 09 appropriate Certificate of title for said vehicle. THE cc: Jacqueline M. Verney, Esquire, for Petitioner William A. Malec 8 Eagle Crest Cove Jackson, TN 38305 ???y Member's Frist Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 ?LECt _??i-?IC?: CAF WE F^" , ? i ' Ir f RY 2009 JUN. 18 Fri 1:'12