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Home My WebLink About04-2492Andrew 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) CARLISLE PIKE ASSOCIATES, : Plaintiff/Petitioner : BETH A. MILLER, an adult : individual, and PHILLIP L. : STOUFFER, an adult individual, : Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE (Manufactured Home) 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Date: June / , 2004 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 CABLISLE PIKE ASSOCIATES, plaintiff/petitioner VS. BETH A. MILLER, an adult individual, and PHILLIP L. : STOUFFER, an adult individual, : Defendants/RespondentS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 04 - 2492 CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE (Manufactured Home) To: Curtis R. Long, prothonotary One courthouse Square carlisle, PA 17013 PRAECIPE TO SETTLE AND DISCONTINUE Kindly mark the above-captioned case settled and discontinued. Date: July /~, 2004 Respectfully submitted, ~-- heel ire Andrew C. Sheely,.~._. Attorlney for plaintiff, Carlisle Pike Associates 127 S. Market Street, p.O. Mechanicsburg, PA 17055 717-697-7050 Box 95 Andrew C. sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (PhoneI 717-697-7065 (Fax) CARLISLE PIKE ASSOCIATES, : Plaintiff/Petitioner : VS. : BETH A. MILLER, an adult : individual, and PHILLIP L. : STOUFFER, an adult individual, : Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE (Manufactured Home) PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP OF A MANUFACTURED HOME (VEHICLE) BY COURT ORDER Carlisle Pike Associates, 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 Carlisle Pike Associates, a duly registered fictitious name, with an address of 155 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania and also having a Post Office Box Number of 124, Carlisle, Pennsylvania, 17013. 2. Defendants/Respondents are Beth A. Miller and Phillip L. Stouffer who are believed to be an adult individuals with a last known address of 6280 Carlisle Pike, Lot 134, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff is the owner of a mobile home park known as Salem Acres located in Hampden Township, Cumberland County, Pennsylvania. 4. For a period in excess of one (1) year, a 1989 Colonial Manufactured Home, Title Number 42506276703 MI, Vin Number SN00487A has been abandoned by Defendants/Respondents on Plaintiff's property located in Cumberland County, Pennsylvania. 5. Efforts by Plaintiff to locate and contact the owners 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 December 30, 2003, 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 owners of the manufactured home are Defendants/Respondents Beth A. Miller and Phillip L. Stouffer, with an address of 6280 Carlisle Pike, Lot 134, Mechanicsburg, Pennsylvania. 8. On or about May 24, 2004, letter to the Defendants' address counsel for Plaintiff directed a as provided by Penn DOT for the 4 purpose of contacting Defendants/Respondents to advise them to remove said mobile home from Plaintiff's premises. A copy of the letter is attached hereto as Exhibit "B". 9. Defendants have not contacted Plaintiffs notwithstanding reasonable efforts to contact Defendants concerning the relocating the abandoned manufactured home or obtaining title to the manufactured home. 10. Plaintiff desires to obtain title to the above-described manufactured home so as to allow Plaintiff to remove or market the manufactured home from the premises without further lost lot rents, storage costs, delays, other charges while also eliminating safety issues. 11. In order to obtain title to the above-described manufactured 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 "C". WHEREFORE, Plaintiff/Petitioner, Carlisle Pike Associates, respectfully requests that this Honorable Court: 5 (1) Schedule a hearing date at least sixty (60) days after receipt of the instant action so as to allow Plaintiff, Carlisle Pike 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 manufactured home. (3) Any other relief deemed just and equitable. Date: June / , 2004 Respectfully submitted, Andrew C. Sheely, Esquire Attorney for Plaintiff, Carlisle Pike Associates 127 S. Market Street, P.O. Mechanicsburg, PA 17055 717-697-7050 Box 95 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 authorities. unsworn falsification to ~~~,' · DATE: May ~ , 2004 Agent for Carlisle Pike A~ociates 7 EXHIBIT "A" OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 12/~0/0~ PAGE ! 0556~15~6000090 BETH A MILLER B PH~LLIP L STDUFFER LOT ZS¢ CANNONS MHP 6280 CARLISLE PK MECHANICSBURG PA 17055 LESSEE ~ NONE 002 TITLE NUMBER TAG NUMBER VIN ¢2566276 SNOO¢87A MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS COLONIAL YES NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRV DATEI BODY TYPE ODOMETER READING NEXEMPT BY FED LAW DUPLICATE TXTLE COUNT VEHICLE YEAR STOLEN DATE 12/11/89 MN 0 1989 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : NATIONAL WESTMINSTER BANK NJ ADDRESS~ 10 EXCHANGE PLACE JERSEY CITY NJ 07302 NO 2ND OR 5RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 0q/19/21 ABA NO : ELT INDI ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION~ (7100 AM TO 9~00 PM) IN. STATE 1'800-952-¢600 OUT'DF'STATE 717-391-6190 TOD IN STATE 1-800-228-0676 TOD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA,US EXHIBIT "B" T¢¢} o e: {717 007-7050 ANDREW C. SHEEEY ATTORNEY AT LAW P.O. Box 95 Nlec~.nni¢~ur~t Pennsylvani.~ 17055 FILE F,~x: (5l'i') 007 7005 Beth A. Miller Phillip L Stouffer 6280 Carlisle Pike Lot 134 Carlisle, PA 17013 May 24, 2004 RE: 1989 Colonial Manufactured Home Title Number 42506276703 M1 VIN SNOO487A Dear Mrs. Miller and Mr, Stouffer: Please be advised that the above-referenced manufactured home has been abandoned for some time and located on the property of my client, Cadisle Pike Associates, in Hampden Township, Cumberland County, Pennsylvania. The mobile home is registered in your names with the Commonwealth of Pennsylvania. As an abandoned manufactured 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 May 28, 2004, 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, ACS/bmk c: Carlisle Pike Associates ANDREW C. SHEELY EXHIBIT Involuntary Transfer of Ownsrship of a Vehicle by ' COu rt Order Thia Fact Sheet outtinem the pr~du~ ~at must ~e f~lowe~ when aP~X~ Ge~ of Title involving ~e Involunta~ franker ~f a vehicle'~ ownerl~hlp. This pre~u~e InvoNes chaining a ~u~ er~er a~d ~hould bl~ ~ed o~ly In those ~rcu~atance5 where ~ la Impo~aib~e to '~ansfer ~nemhlp ~f a vehicle ~y the Ce~ ef ~tie ~ VehiCle ~nu~a~rer Ce~l~te of OMg~n, Sir~ e~e~ set of fa~s and surr~un0ing cimu~s~n~ will ~e unique, a pem0n ~pti~lg ~ be declared ct a vehi~e where ~o~r ~n~t~, docume~s a~ ~Ot avellab~ ~fl~ou~ ~k t'.he 0f a prJ~a~ a~ey, THE D~E~NT WICL NOT OFFER LEGAL AD~ICE R~AR~ING THE INVOLUNTARY T~ANSFER OF OWNERB~P OF A VEHICLE, p OCeDUREI 1. A pemon attem~k~g to ot~in ~rsh~p ~ a vehi~e must commenc~ a pro.ding with a ~o~t of comment )~i~dl~fion settl~ fo~h the tacit, oimums~n~s of the ~se. The ~nem~p of~e vehicle ~i(I be dete~i~ed by the ~ud. ~ea~ no~ that a ~am~e cou~ o~er Is ~ov~ on tlle reveme ~ida of this fa~ eheet. UNLEB~ THE GOB~NWE~LTH OF PENNBYLVANIA, ~P~RTMENT ~ TRA~P~"rATION IS THE OWNER OF THE VEHICLE QUESTION, T~E C~MONW~LTH OF P~NN~YLVAN~k, ~PARTMENT OF T~NS~ORTATION IS NOT AN INTERESTED ~R3~ TO THIS COURT PR~EEDIN~, THEEEFORE, THE C~MONWEALTN O~ PENNSYLVANIA, D~ARTMENT OF T~NSPORI~TION SHOULD NOT B~ A NAMED PAR~ IN THE ~RO~EDING, 2, A pe~on attempting to b~ de0iar~d owner of a ~ehl~ b'~ cou~ oraer ~ust all pemo~ wi~ an Intem~t in the vehl~ of ~e p~en~ {~ t~ cou~ proceeding, The ~tificatlon must ~ sent ~ (~led mail, r~m m~eip~ mquee~, an~ must (2) The ~u~ of coherent juri~l~ion where an a(~c,n will ~ Or ha~ been · ed; a~ (3) T~e time, date ane place of any coud pm~dlng AT A NIINIMUM, THE NO'I'IC~i MUST BE SENT TO THI; PERSON(S) TO WHOle1 THE VEHICLE IS PRESENTLY( T~D AND REGISTERED AND E~ERY LIENHOLDER THAT IS L/~TED ON THE TIT~ RECTO, PLEASE NOTE THAT IF ~, PEI~8ON A~EMPTING TO ~ ~CLARED ~VNER ~ A VEHICLE I:S UNA~RE OF ANY PERSON WITH AN INTEREST IN THE VEH~LE, THE PERSON A~EMP~ING TO OBTAIN ~NERSHIP ~ THE VlE~C~E ~Y ~NN A CER~'IFIEO COPY OF THE VBH~LE'a COMPUTE~ RECO~ BY COMPLETI~ FORM OL.-I~ (REQ'UEST FOR VEHICLE INFORMATI~), AND ;IUBMITTINQ FORM OL-131 ~O THE DEPARTMENT ALO~ WITH THE APPROPRIATE FEE9. In the event the notice gent tea psrl0n with am interest in the vehicJe is retJarned as the person a~empti~ to be declared ~ner of ~ vehicle m~t edve~lse a legal noti~ at least once In tad ~ounty I~al journal(s) and at least o~ ~r ~ek f~ three ~e~tive weei(s in the n~'sp~r(s) ofgenerel ¢ir~ulatio~ where any ~n~o~ know~ te ~laim an tnteql~t i~ the vehicle may be ~ted and where the vehicle Is local, if ~lle ~o Iocat~ns an~ di~re, P~t Ptease refer Pennsy~an~e Bar A~o~iation La~e~ Dt~ & Pro~u~ Gu~ to ~termine the app~ate teg~l journal. The a~wAigement shou}d i~lude th,a fol~wi~g: (I) A specific descri~ion of ~e ~h~l,~ (i.e., year, ma~, model and VI~); (;~) The couA of competent jurisdiction w~re an ~tion will be or ha~ been fi~d; (:~) The time, ~te and place of any cou~ prc)~eding. When the above procedure is followed and the court of competent jurisdicti,~n entem an order declaring an indtvKtual the rightful own~r of the vehicle, the Department may issue a Certificate of Title to the per,on named in the court e,tder upon receipt of' the following: (I) A certified copy of the court order entered (~eclartng the individual c~vner of the vehicle; (;.~) A notarized statement listing the names ~nd addresses of all pemon:~ notified ancI each notification was scored; (3) A copy of the nofl[Jcation sent to all pal'~¢,n$ with an interest in the v(~hlcle, including certified mail return receipt~; (4) Copies of newspaper edva~lisemants and dates publishedi (,~) Form MM~l, "Application for C,s~flcete of Title," and cheol( c~ moP, dy ¢,rder payalale to Commonwealth of PennsylvaAia, Unless the petitioner can claim a Sales Tax ExernpUon, ~al~as rex must be paint on the Fair Marbet Value of the vehh;le ae listed in a current edition of a Department-approved publication. A,~oroved Department publioatlon~ Inclu(te tile follOWing: N.A.D.A., The Auto~,ol;,lle Recl t~oot(, The Black Bc~k Official Used Car Guide, American Used Car Guide, and The Kelley Blue l:look Uae~l Car Guide, SAMPLE COUI~T ORDER AND NOW, this .., day of ......... 19 .... after 'easonable notice and an Ol:~x)rtunlty for hearing having been provided to all interested parties, ~he Court hereby awar0e ownership of one 19 , [make], [model], bearing vehicle Ide~tlflcatlon number to [name of applicon'ii, and the right, title and interest of any other person to said vehicle ie hereby extinguishe~;l. Tt~ Commonwealth of Pennsyivenia, Department of Transportation may ac.copt this omer a~! evidence of ownership in lieu of a Certificate of Title. The Petitioner ~shall aul)r~tit the approprlat~ forms taxes and fees ~nd comply with any other proceduree of the Commonwealth of PennsylvanW~, DepaArnent of Transportation in order to receive the appropriate Certificate of Title f(~r said BY THE COURT: CARLISLE PIKE ASSOCIATES, Plaintiff/Petitioner VS. BETH A. MILLER, an adult individual, and PHILLIP L. STOUFFER, an adult individual, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04 - Y?2 JUN 0 2 2004 CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE (Manufactured Home) ORDER OF COURT NOW, this C~'~76~_ day of ~ , 2004, upon AND consideration of the attached Petition for Involuntary Trans£er of Ownership of a Vehicle by Court Order, hearing on this matter is set for the 2004, in Court ~oom No. ~ , at it is ORDERED AND DECREED that a Counsel for Plaintiff is directed to direct Notice of this Hearing to Defendants/Respondents at their last known addresses 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,