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HomeMy WebLinkAbout10-1083ROBERT E. GOODLING, Plaintiff/Petitioner VS. JAMIE MORGAN, an adult individual, Defendant/ Respondent, IDEAL ENTERPRISES, Defendant/ Respondent, and NEW IMAGE HOME SALES, Defendant/ Respondent, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :10 - )073 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. Date: January ?bO® P'?- 4? 0- CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 2010 BY: "'eti, e Andrew C. Sheely, Esqu' PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Z ?? eau ?3?Z 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. JAMIE MORGAN, an adult individual, Defendant/ Respondent, IDEAL ENTERPRISES, Defendant/ Respondent, and NEW IMAGE HOME SALES, Defendant/ Respondent, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 10 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 states 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 Jamie Morgan and believed to be an adult individual with a last known address of 501 Windy Hill Road, Lot 19, Shermans Dale, Perry County, Pennsylvania, 17090. 3. Defendant Ideal Enterprises is believed to be an entity engaged in the business of financing the purchase of manufactured homes with a last known address of 2 Driftway Ln, Green Brook, NJ 08812 as listed on a vehicle record abstract issued by the Pennsylvania Department of Transportation. 4. Defendant New Image Home Sales is believed to be an entity engaged in the business of financing the purchase of manufactured homes with a last known address of 6 S. Charlotte Street, Manheim, PA 17545 as listed on a vehicle record abstract issued by the Pennsylvania Department of Transportation. 5. Plaintiff/Petitioner is an owner of a manufactured home community known as Orchard Hills located in Shermans Dale, Perry County, Pennsylvania. 6. For a period in excess of six months, a 1977 Conchemco manufactured home, Title Number 29501845, VIN Number ClPAPWB870143K018087 has been abandoned on Plaintiff's property located in Perry County, Pennsylvania. 7. Efforts by Plaintiff/Petitioner to locate the owner of the manufactured home have been unsuccessful as the home has been abandoned for at least six (6) months and correspondence sent to the address has not been answered. 8. On or about January 8, 2010, counsel for Plaintiff/Petitioner conducted a record search at the -2- 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. 9. 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 Jamie Morgan with an address of 501 Windy Hill Rd, Lot 19, Shermans Dale, PA, 17090, and that defendants Ideal Enterprises and New Image Home Sales maintain liens against the title to the manufactured home. 10. On or about January 8, 2010 and January 11, 2010 counsel for Plaintiff directed a letter to the address of each Defendant/Respondent by mail for the purpose of contacting Defendant/Respondent to advise Defendants/Respondents to remove the manufactured home from Plaintiff's manufactured home community. A copy of each letter sent to each Defendant are attached hereto as Exhibit "B". 11. No response was received from any Defendant/Respondent as to the requests contained in the letter by January 26, 2010, or thereafter, and letters directed to Defendants Morgan and New Image Home Sales were -3- return marked undeliverable. 12. Plaintiff/Petitioner above-described manufactured Plaintiff/Petitioner to move the manufactured home to avo. storage costs, delays, other safety issues. desires to obtain title to the home so as to allow the home or secure a title to Ld further loss of lot rents, charges while also eliminating 13. The vacant manufactured home constitutes an attractive nuisance and creates liability issues within the manufactured community. 14. Plaintiff is incurring lost lot rents each month in an amount of at least $250.00 as a result of the abandoned manufactured home. 15. Each defendant is directly benefiting from storing the manufactured home on Plaintiff's property without paying lawful rent. Count 1. Plaintiff vs Jamie Morgan 16. Paragraphs 1 - 15 are incorporated herein as if set forth at length. 17. 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 Morgan by certified mail and/or public notice, and obtain an Order of Court following the hearing, all in accordance with -4- 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: (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, including an award of damages in the amount of $1,500.00 for lost lot rents and costs. Count 2. Plaintiff vs. Ideal Enterprises 18. Paragraphs 1 - 17 are incorporated herein as if set forth at length. 19. In order to obtain title to the above-described mobile home, Plaintiff/Petitioner is required to commence -5- the instant action, obtain a hearing date, attempt to communicate the hearing date to Defendant/Respondent Ideal Enterprises 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: (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 Ideal Enterprises; 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, including an award of damages in the amount of $1,500.00 for lost lot rents and costs. -6- Count 3. Plaintiff vs. New Image Home Sales 20. Paragraphs 1 - 19 are incorporated herein as if set forth at length. 21. 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 New Image Home Sales 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: (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 New Image Home Sales; 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 -7- fees in order to receive the appropriate certificate of title for said mobile home. (3) Any other relief deemed just and equitable, including an award of damages in the amount of $1,500.00 for lost lot rents and costs. Respectfully submitted, Date: January Z 2010 4dt Gib L'' J Andrew C. Sheely, Esquir Attorney for Plaintiff/Petitioner, Robert E. Goodling 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 -8- 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: January ? , 2010 obert E. Goodling Exhibit "A" PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/08/10 14:19 PAGE 1 OWNER JAMIE MORGAN 501 WINDY HILL RD LOT 19 SgERMANS DALE PA 17090 TITLE NUMBER 29501845 TAG NUMBER , VIN ClPAPWB070143KO18087 MAKE CONCHEMCO MODEL , RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO 100081002000088 002 LESSEE : NONE TITLE DATE : 12/02/77 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR ; 1977 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : ;DEAL ENTERPRISES ADDRESS: 2 DRIFTWAY LN GREEN BROOK NJ 08812 LIEN HOLDER NO. 2 NAME : NEW IMAGE HOME SALES ADDRESS: 6 S CHARLOTTE ST MANHEIM PA 17545 NO 3RD LIEN EXISTS FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 EXPIRATION DATE: 03/12/37 ABA NO : ELT IND: EXPIRATION DATE: 03/12/13 ABA NO : ELT IND: INFORMATION; (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US Exhibit "B" ANDREW C. SHEELY 717.697-7050 Attorney at law 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Jamie Morgan Ideal Enterprises 501 Windy Hill RD 2 Driftway Lane Lot 19 Green Brook, NJ Shermans Dale, PA 17090 717.6 --7065 RL E andrewc.sheely@veriz,)n.net January 11, 20- 0 08812 New Image Home Sales 6 S. Charlotte Street Manheim, PA 17545 In Re: 1977 Conchemco VIN C1 PAPWB870143KOl 8087 Title Number 29501845 Abandoned Manufactured Home Involuntary Title Transfer Action To whom it may concern: I represent Robert E. Goodling and Orchard Hills Associates of Carlisle, Pennsylvania. The above-referenced manufactured home titled in your name or in which you maintain a secured interest has been abandoned on a lot in a manufactured home community owned by Orchard Hills Associates. The horse has been abandoned for several months. A copy of the vehicle record abstract is attached hereto for your records. Orchard Hills Associates 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. If pursued, a Court Order may be entered discharging Ii qns against the title. Further, an abandoned manufactured home constitutes an attractive nuisance due the absence of human habitation. Monthly lot rents a[ Id other charges continued to accrue. Please contact me prior to January 20, 2010 so as to avoid litigation ar d 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 to filed with the Court of Common Pleas of Cumberland County. Very truly yours, ANDREW C. SHEELY ACS/bmk c: Robert E. Goodling Enclosure 717.697.7050 Jamie Morgan 501 Windy Hill RD AN11REW C. SHEELY Attorney at law 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Lot 19 Shermans Dale, PA 17090 New Image Home Sales 6 S. Charlotte Street Manheim, PA 17545 To whom it may concern: Ideal Enterprises 2 Driftway Lane Green Brook, NJ comma- 717.697.706 i (fax) andrewc.sheely@veriz(,n.net January 8, 2W, it) 08812 In Re: 1977 Conchemco VIN C1 PAPWB870143KO18087 Title Number 29501845 Abandoned Manufactured Home Involuntary Title Transfer Action I represent Robert E. Goodling and Orchard Hills Associates of Carlisle, Pennsylvania. The above-referenced manufactured home titled in your name or in which you maintain an secured interest has been abandoned on a lot in a manufactured home community owned by Orchard Hills Associates. The horn e has been abandoned for several months. A copy of the vehicle record abstract is attached hereto for your records. Orchard Hills Associates 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. If pursued, a Court Order may be entered discharging HE ns against the title. Further, an abandoned manufactured home constitutes an attractive nuisance due the absence of human habitation. Monthly lot rents and other charges continued to accrue. Please contact me prior to January 20, 2009 so as to avoid litigation and f 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 bo filed with the Court of Common Pleas of Cumberland County. ACS/bmk c: Robert E. Goodling Enclosure AD ruly W P.ay Exhibit "C" FACT SHEET 0 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 ti ansfer of a vehicle's ownership. This procedure involves obtaining `a court order and should be used only in the se 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 vi ill be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are iot 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 competer it 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 IROCEEDING. 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. persens with an interest ire the vehicle of the pendency of the court proceeding. The notification must be sent by certified mail, retLrn 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 MINIMUI11, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY T TLED 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 wwwAmstate.pa.us 3. In the ejent the notice sent to a person with an interest in the vehicle is returned as "Unclaimed," the pers, on 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 newspa )er(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 Penny vania 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 tie 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 he 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 pet tioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the iehicle 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 ORD ANC NOW, this day of ,,* 20 , after reasonable notice and an oppo tunity for hearing having been pr ?iterested parties, the Court hereby awards ownership of one [year], [make] el , bearing vehicle identification number to [name of applicant], and the right, title and interest )f any other person to a is hereby extinguished. The Commonwealth of PennsylvaniE, Department of may accept this order as evidence of ownership in lieu of a Cert ficate of Title. Th i er shali submit the appropriate forms, taxes and fees and comply with any other prose Is of the Commonwealth of Pennsylvania, Department of Transportatic n in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge FEB *16 2010 41 ROBERT E. GOODLING, Plaintiff/Petitioner VS. JAMIE MORGAN, an adult individual, Defendant/ Respondent, IDEAL ENTERPRISES, Defendant/ Respondent, and NEW IMAGE HOME SALES, Defendant/ Respondent, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 10 - 1p9?3 CIVIL ACTION tw. 4 INVOLUNTARY TRANSFER OF t-ITLE? N --? _ N ti ORDER OF COURT AND NOW, this 22'" day of February 2010, Q° 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 7t4 day of 2010, in Court Room No. at -9;,36 o'clock _?LM. Counsel for Plaintiff shall direct Notice of this Hearing to each Defendant/ Respondent at her and its last known address by certified mail, return receipt requested and by regular mail and, if such notice is unclaimed, advertise Notice of such hearing in accordance with the requirements of the Pennsylvania Department of Transportation. --'Indrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner '`Ti a C? m a BY THE COURT, ROBERT E. GOODLING, Plaintiff/Petitioner VS. JAMIE MORGAN, an adult individual, Defendant/ Respondent, IDEAL ENTERPRISES, Defendant/ Respondent, and NEW IMAGE HOME SALES, Defendant/ Respondent, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :10 - 1083 CIVIL ACTION ~„~ N ° ;: , • ~ ~, -~-r ~'~ ~ ---i . ` "'~ t'r -' . ~ -~ t' v_. _'~- INVOLUNTARY TRANSFER OF TI c~ ~'" a ORDER OF COURT AND NOW, this ~' day of May, 2010, after reasonable notice and an opportunity for a hearing having been provided to all interested parties, the Court hereby awards ownership of a 1977 Conchemco manufactured home, Title Number 29501845, VIN Number C1PppWB870143R018087, to Petitioner, Robert E. Goodling, and the rights, titles and interests of any other person or entity to said vehicle/mobile home, including the liens thereon, are 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 OURT, J. pr~ ~.nc.. s/7/ io Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner .=d eul ~~fi~~o~sG s ~ t~Ptes ~.o.:le.~ S~1 ~~ 6 sw.J~ Mdry~. y9~