HomeMy WebLinkAbout09-2254Andrew 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.
DARIS S. MCCALLION
Defendant/Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:09 - .?J5y CIVIL ACTION
:INVOLUNTARY TRANSFER OF TITLE
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
p (717) 249-3166
Date: April I , 2009 BY:
Andrew C. Sheely, Esquire
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.
DARIS S. MCCALLION
Defendant/Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:09 - 7a5y 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. Defendant/Respondent is Daris S. McCallion and
believed to be adult individuals with a last known address
of 365 Pleasant View Dr., TRLS 22, Etters, Pennsylvania,
17319.
3. Plaintiff/Petitioner is a general partner of a
manufactured home community known as Pleasant View MHC
located in Etters, York County, Pennsylvania.
4. For a period in excess of six months, a 1979
Festival manufactured home, Title Number 31951836, Vin
Number 1101 has been abandoned on Plaintiff's property
located in York County, Pennsylvania.
5. Efforts by Plaintiff/Petitioner to locate the owner
of the manufactured home have been unsuccessful as the home
has been abandoned for many months and correspondence sent
to the address has not been answered.
6. On or about March 26, 2009, counsel for
Plaintiff/Petitioner conducted a record search at the
Pennsylvania Department of Transportation to determine the
owner of the above-described manufactured home for the
purpose of contacting the owner to have such person remove
the abandoned manufactured home from Plaintiff's mobile
home park.
7. A Vehicle Record Abstract provided by the
Pennsylvania Department of Transportation attached hereto
as Exhibit "A", indicates that the owner of the
manufactured home is Daris S. McCallion with an address of
365 Pleasant View Dr., TRLR 22, Etters, PA 17319.
8. On or about March 26, 2009, counsel for Plaintiff
directed a letter to the address of Defendant/Respondent by
mail for the purpose of contacting Defendant/Respondent to
advise them to remove his manufactured home from
2
Plaintiff's manufactured home community. A copy of the
letter is attached hereto as Exhibit "B".
9. No response was received from Defendant/Respondent
as to the requests contained in the letter by April 4,
2009.
10. Plaintiff/Petitioner desires to obtain title to the
above-described manufactured home so as to allow
Plaintiff/Petitioner to secure a title to the manufactured
home to avoid further loss of lot rents, storage costs,
delays, other charges while also eliminating safety issues.
11. The vacant manufactured home constitutes an
attractive nuisance and creates liability issues within the
manufactured community.
12. 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 "C".
WHEREFORE, Plaintiff/Petitioner, Robert Goodling,
respectfully requests that this Honorable Court:
-3-
(1) Schedule a hearing date at least sixty (60) days
after receipt of the instant action so as to allow
Plaintiff/Petitioner to properly complete all required
notice provisions for advertisement to Defendant; 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: April 9, 2008
Andrew C. Sheely, Esquire
Attorney for
Plaintiff/Petitioner,
Robert E. Goodling
127 S. Market Street, P.O. Box 95
Mechanicsburg, PA 17055
4
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: April , 2009
-Robert E. Goodling
Exhibit "A"
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
3/26/09
13:42
PAGE 1
090851132000043 002
OWNER DARIS S MCCALLION LESSEE NONE
365 PLEASANT VIEW DR
TRLR 22
ETTERS PA 17319
TITLE NUMBER 31951836
TAG NUMBER TITLE DATE 03/17/80
VIN 1101 REGISTRATION EXPIRY DATE:
BODY TYPE : MH
MAKE FESTIVAL ODOMETER READING
MODEL NEXEMPT BY FED LAW
RENEWAL WID DUPLICATE TITLE COUNT : 0
PREVIOUS TAG VEHICLE YEAR 1979
LIENS : NO STOLEN DATE
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 17106-6691
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
Exhibit "B"
717697.7050
Daris S. McCallion
365 Pleasant View Dr.
TRLR 22
Etters, PA 17319
ANDREW C. SHFFLY
Attorney at Law
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
March 26, 2009
L In Re: 1979 Festival
VIN 1101
Title Number 31951836
Involuntary Title Transfer Action
Dear Mr. McCallion:
I represent Robert E. Goodling and Orchard Hills Associates of Carlisle,
Pennsylvania. The above-referenced manufactured home titled in your name
has been abandoned on a lot in a manufactured home community owned by
Orchard Hills Associates. The home has been abandoned for several 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 the absence of human habitation. Monthly lot rent continued to
accrue.
Please contact me prior to April 4, 2009 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.
Very truly yours,
ANDREW C. SHEELY
717-697.7065 (fax)
andrewc.sheely@verizon.net
ACS/bmk
c: Robert E. Goodling
Enclosure
??
Exhibit "C"
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 PROCEEDINGL 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.
October 2006 - over -
Bureau of Motor Vehicles - Research and Support Operations Section
P.O. Box 68031, Harrisburg, PA 17106-8031
Visit us at wwwAmv.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 BarAssociation Lawyers Directory & Product 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
AND NOW, this day of
and an opportunity for hearing having
awards ownership of one [year], [r
and interest of any other person to
Pennsylvania, Department of
lieu of a Certificate of Title. ThO
20 , after reasonable notice
been pr terested parties, the Court hereby
lake] el , bearing vehicle identification number
to [name of applicant], and the right, title
e is hereby extinguished. The Commonwealth of
may accept this order as evidence of ownership in
ier shall submit the appropriate forms, taxes and fees and
comply with any other proced't,lWs of the Commonwealth of Pennsylvania, Department of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
0
ra
° -n
-.j`D
b y 5 m
fi?1?J
c. -c
APR 0 9 2000
ROBERT E. GOODLING, :IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
09 - J.? 57 CIVIL ACTION
VS. :INVOLUNTARY TRANSFER OF TITLE
DARIS S. MCCALLION
Defendant/Respondent
ORDER OF COURT
AND NOW, this 16 day of apvA 2009, 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 M day of , 2009, in Court Room
No. at d o'clock 4-M. Counsel for
Plaintiff shall direct Notice of this Hearing to
Defendant/Respondent at his 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.
a
BY THE COURT,
' 4ndrew C. Sheely, Esquire
Attorney for Plaintiff/Petitioner
4
0
t - ='?
`
Z)
ROBERT E. GOODLING,
Plaintiff/Petitioner
VS.
DARIS S. MCCALLION
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09 - 02254 CIVIL ACTION
INVOLUNTARY TRANSFER OF TITLE
ORDER OF COURT
AND NOW, this PV day of June, 2009, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1979
Festival Mobile Home, Title Number 31951836, VIN 1101, 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,
,,,,,? J.
Andrew C. Sheely, Esquire -hoj ddl?Yo?
Attorney for Plaintiff/Petitioner
? ?l?'OKA
2009 JUN {9 ABA 9: 3 b
,li?tE; . ;?l