HomeMy WebLinkAbout10-7355CRAIG O. MARTIN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
KEVIN E. OTT,
. CIVIL ACTION - LAW
CHERI R. OTT, t D - 3 55
SUSQUEHANNA VALLEY FEDERAL
CREDIT UNION, AND
NEW IMAGE HOME SALES, INVOLUNTARY TRANSFER OF TITLE
Defendant
NOTICE TO DEFEND
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, order 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 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.
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Cumberland County Bar Association e
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32 South Bedford Street rnto
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Carlisle, Pennsylvania 17013 x
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AMERICANS WITH DISABILITIES
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
2
CRAIG O. MARTIN,
Plaintiff
v.
KEVIN E. OTT,
CHERI R. OTT,
SUSQUEHANNA VALLEY FEDERAL
CREDIT UNION, AND
NEW IMAGE HOME SALES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
-3 53
. Flo . 1
INVOLUNTARY TRANSFER OF TITLE
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF
OWNERSHIP VEHICLE (MANUFACTURED HOME)
BY COURT ORDER
AND NOW comes the Plaintiff, CRAIG O. MARTIN, by and through his attorneys,
Irwin & McKnight, P.C., and 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 Craig O. Martin, an adult individual with an address of 26 Short
Lane, Shippensburg, PA 17257.
2. Defendant/Respondent is Kevin E. Ott, an adult individual with a last known address
of 372 Bradley Lane, Shippensburg, PA 17257.
3. Defendant/Respondent is Cheri R. Ott, an adult individual with a last known address
of 372 Bradley Lane, Shippensburg, PA 17257.
4. Defendant/Respondent is Susquehanna Valley Federal Credit Union, a Credit Union
duly organized under the laws of the United States, and is believed to be an entity engaged in the
3
business of financing manufactured homes, with a last known address of 3850 Hartzdale Drive,
Camp Hill, PA 17011.
5. Defendant/Respondent is New Image Home Sales, and is believed to be an entity
engaged in the business of selling of manufactured homes, with a last known address of 6 S.
Charlotte Street, Manheim, PA 17545.
6. Plaintiff/Petitioner is an owner of the manufactured home designated as a 1993
Redman, having a serial # of 12224590 as set forth at the Department of Transportation, Bureau
of Motor Vehicles.
7. Plaintiff/Petitioner purchased manufactured home from New Image Home Sales,
LLC. by a Purchase Agreement dated June 1, 2004.
8. Plaintiff//Petitioner financed the purchase of the manufactured home through
Susquehanna Federal Credit Union evidenced by a Loan and Security agreement and Disclosure
Statement and set forth as Exhibit A.
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 Kevin E. Ott and Cheri R. Ott with a last known address of 372 Bradley Lane, Shippensburg,
PA 17257 and set forth as Exhibit B.
10. On or about April 16, 2010 Plaintiff/Petitioner by his attorneys, requested
Defendants/ Respondents Susquehanna Valley Federal Credit Union and New Image Home Sales
provide the title for the mobile home which the Plaintiff/Petitioner had secured for a loan that he
had paid off and set forth as Exhibit C.
11. Susquehanna Valley Federal Credit Union never obtained the title to the mobile
home which was to secure the loan made by Plaintiff/Petitioner.
12. On or about May 10, 2010 Plaintiff/Petitioner, by his attorneys, requested that
Defendant/Respondent sign an application for a duplicate title and set forth as Exhibit D.
4
13. No response has been received from any of the Defendants/Respondents as to the
requests contained in the respective letters. The letter directed to New Image Home Sales was
returned marked undeliverable.
14. Plaintiff/Petitioner desires to obtain title to the above described manufactured home
as to allow Plaintiff/Petitioner to move the home or sell the home.
Count 1. Plaintiff vs Kevin Ott and Cheri Ott
15. Paragraphs 1-14 are incorporated herein as if set forth at length.
16. 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 toDefendant/Responder 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 E.
Wherefore, Plaintiff/Petitioner, Craig O. Martin, 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 $750.00 for attorney fee plus costs.
5
Count 2. Plaintiff vs Susanehanna Valley Federal Credit Union
17. Paragraphs 1-16 are incorporated herein as if set forth at length.
18. 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/Responder 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 E.
Wherefore, Plaintiff/Petitioner, Craig O. Martin, respectfully requests that this Honorable
Court:
(4) 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
(5) 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
(6) Any other relief deemed just and equitable, including an award of damages in
the amount of $750.00 for attorney fee plus costs.
Count 3. Plaintiff vs New Imaee Homes Sales
19. Paragraphs 1-18 are incorporated herein as if set forth at length.
20. 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/Responder 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
6
Pennsylvania Department of Transportation. A copy of the requirements issued by the
Pennsylvania Department of Transportation are attached hereto as Exhibit E.
Wherefore, Plaintiff./Petitioner, Craig O. Martin, respectfully requests that this Honorable
Court:
(7) Schedule a hearing date at least sixty (60) days after receipt of the instant
action so as to allow PlaintifflPetitioner to properly complete all required
notice provisions for advertisement to Defendant; and
(8) 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
(9) Any other relief deemed just and equitable, including an award of damages in
the amount of $750.00 for attorney fee plus costs.
IRWIN &
By:
Ntarcus McKnigA"I, Esquire
Supreme Court I.D. #: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: November, 2010 Attorney for the Plaintiffs
7
Respectfully submitted,
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
CRAIG O. MARTIN
Date: November 24, 2010
EY01IA
10
JUL-10-2009 10:48 _SUSQ VALLEY FCU
` ROX91AL, CREDIT UNION
8860 Hanzdale Ddo
Camp Hill, PA 170117809
(717) 737.4152
7174412022 P.02
LOAN AND SECURITY AGREEMENT
AND DISCLOSURE STATEMEN
LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DA.
nAIA0118MA I . .utAq 037-1661-a 0015/2014 _
Craig 0 Martin
1208 Nalnut Bottom Rd
Carlisle, PA 17013
THANK YOU
ANNUAL OERCENTAGE RATE' E F9nsnoad Toad of 11"SYMents Total sale Prioe
The cost of your credit as a yearly rate. The donor amount the The Amount of oMdit The amount you wM how The total cost of your purchase on credit k
credit vWl cost you. provided to you or on paid after you haw made $
YOM behalf. d payments as schodulad. which Includes your
12.90000 % $42,890.01 a $33,736.50 $76,626.$1 a dcwnpaymentof
#
Your Payment Schedule wilt Be:
Prepayment: If you pay off early you will not have to
Number of Paynoi a Amount of Payments tlVhen Payments Are Due pay a penalty.
179 $ 425.70 Monthly IieginiInq 07/14/2004 Required Deposit: The Annual Percentage Rate does
1 s 426.21 O6/1s1201D not take into account your requited deposit, if any.
® Aesumption: Someone buying yourrmobile home
Property Insu>ranee: You may obtain property Insurance from anyone you cannot assume the remainder of the loan on the
want that is acceptable to the credit union. If you got the insurance from us, original terms,
you will pays Demand: Q This obligation has a demand feature.
Lift Charge: LJ All disoloswes are based on an assumed
All payments received more than 14 days past their due date wilt be charged
S20 L
t
f maturity of one year.
e
a.
a
ee.
Fling fees Non-FNng hlsurance
$ .00 6 .00
Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your
shares and dividends and, if any, your deposits and ingest in the credit union; and the property described below:
Collateral Property/Model Year 'ID,-Number . _ Type _ Value Key Number
"MILE HOME TITLE 1993 1.2224590AAW38G5D REDMAN S 37,485.00
OthertDesoribe) YOUR CREDIT UNION SHARES
Pledge of Shares $ in Account No. $ in Account No.
See your contract doouments for any additional information about nonpayment, default, and any required repayment in full before the
schemed date.
7. 77 • . III ;.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY R W THE AGREEMENT BEFORE YOU SIGN IT. By signing a:
Borrower you agree to the terms of the Loan Agreement. It property is described in the "Security"section of the-Truth It
Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree
only to the terms of the Security Agreement.
Isamu
OATS
ISEAU
THHR sOMDw OwNE1R OP PROP@RTy VATNS89 DATE
K IsaAu
Z DATE
X 12"u
OTHER 80lelCwllR C] OWNER Or PROVE TV WITNESS DATE
EXHIBIT A
CUNA MUTUAL GROUP, 1999, 2000, 2001. ALL RIGHTS RMRVEO CREDIT UNION COPY NXX022 ILASEIR
??•:, avast VNLL>;Y rt;U 7174412022 y,U;s
i
Borrower(s) Craig 0 Martin
In this Agreement all references to "Credit union,' -we," "our" or
"us" mean the credit union whose name appears on this document
and anyone to whore the credit union assigns or transfers this
Agreement. Ail references to the "Loan mean the loan described
in the Loan Agreement that is part of this document. All references
to "youor "your" mean any parson who signs this Agreement.
1. THE SECURITY FOR THE WAN -You live us what is known as
e security interesi in the pro perty described in the "Security"
section of the Truth In Lending Disclosure that is part of this
document ("the Property"). The security interest you give includes
all accessions. Accessions are things which are attached to or
Installed in the Property now or In the future. The security interest
also includes any replacements for the Property which you buy
within 10 days of the Loan and any extensions, renewals or
refinancings of the Loan. It also includes any money you receive
from selling the Property or from insurance you have on the
Property. It the value of the Property declines, yov promise to give
us more property as security if asked to do so.
2. WHAT THE SECURITY INTERES I COVERS - The Property
secures the Loan and any extensions, renewals or refinencings of
the Loan. if the Property is not a dwelling, It also secures any other
loaris, including any credit card loan, you have now or receive in
the future from us and any other amounts you owe us for any
reason now or in the future, except any loan secured by your
principal residence. If the pp is housshoid goods as dgHned
by the Federal Trade Commission Credit Practices Rule or your
principal residence, the Property will secure only this Loan and not
other bans or amounts you owe us.
3. OWNERSHIP OF THE PROPI!RTY - You promise that you own
the Property qr, if this Loan Is to buy the Property, you promise
you will use the Loan proceeds for that purpose. You promise that
no one also has any interest in or claim against the Property that
you have not already told us about. You promise not to sell or
lease the Property or to use it as security for a loan with another
creditor until the Loan is repaid. You promise you will allow no
other security interest or lien to attach to the Property either by
Y". actions or by operation of law.
4. POTECTING THE SECURITY, INTEREST - If your state issues a
title for the Property, you promise to have our security interest.
shown on the tide. We may have to file what is called a financing
statement to protect our security interest from the claims of
others. If asked to do so, you promise to sign a financing
statement. You promise to do whatever else we thank is necessary
to protect our security interest In the Property. You also promise to
pay all costs, including but not limited to any attorney teas, we
incur in protecting our security interest and rights in the Property,
to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, you
promise you will: (1) Use the Property carefully and keep it in good
repair. (2) Obtain our written permission before' making major
changes to the Property or changing the address where the
Property is kept. (3) Inform us in writing before changing your
address. (4) Allow us to inspect the Property. (5) Promptly notify
us if the Property is damaged, stolen or abused. (6) Not use the
Pra;p?t for any unlawful purpose,
6. PgOPERTY INSURANCE, TAXES AND FEES - You promise to
pay all taxes and fees (like registration fees) due on the Property
and to keep the Property insured against loss and damage. The
amount and coverage of the property insurance must be
acceptable to us. You may provide the property insurance through
a policil u already have, or through a policy you got and pay for.
You prse to make the insurance policy payable to us and to
deliver policyor proof of coverage to us if asked to do so.
If you cancel your insurance and get a refund, we have a right to
the refund. If the Property is lost or damaged, we can use the
insurance settlement to repair the Property or apply it towards
what you owe. You authorize us to endorse any draft or check
which may be payable to you in order for us to collect any refund
or benefits due under your insurance policy.
If you do not pay the taxes or fees on the Property when due or
keep It Insured, we may pay these obligations, but we are not
required to do so. Any money we spend for taxes, fees or
insurance will be added to the unpaid balance of the Loan and you
will pay interest on those amounts at the some rate you agreed to
pay on the Loan. We may receive payments in connection with the
insurance from a company which provides the insurance. We may
monitor our loans for the purpose of determining whether you and
other borrowers have complied with the insurance requirements of
our loan agreements or may engage others to do so. The insurance
charge added to the Loan may include (1) the insurance company's
payments to us and (2) the cost of determining compliance with
the insurance requiremerrts. It we add amounts for taxes, fees or
insurance to the unpaid belame of the Loan, we may increase your
payments to pay the amount added within the term of the insurance
or team of the Loan.
7. INSURANCE NOTICE - If you do not purchase the required
property insUnince, the insurance we may purchase and charge you
for will cover only our interest in the Property. The Insurance will
not be liability insurance and will not satisfy any state firlancial
Or no faultbass.
8? - You will be in default if you break any promise you
make or fail to perform any obligation you have under this
. Yo u will also be in default under this Agreement if the
A
Agre rn nnt default.
8. WHAT t 3 IF YOU ARE IN DEFAULT - When you are in
default, we may demand immediate payment of the outstanding
balance of the Loan without giving you advance notice and take
possession of the Property. You agree the Credit Union has the right
to take possession of the Property without judicial process if this
can be done without breach of the peace. if we ask, you promise to
deliver the Property at a tims and piece we choose, We will not be
responsible for any other property not covered by this Agreement
that you lave inside the Ptopperty or that is attached to the
ftepwe-r t1y. We will try to return that property to you or make it
M labia to you claim.
After we have potossession of the Property, we can sell it and apply
the money to any amounts you owe us. We will give you notice of
any public sale or the date after which a private sate will be held.
Our expenses for taking possession of and selling the Property will
be deducted from the money received from the sale. Those costa
may inolu de the cost of storing the Property, preparing It for sate
and attomay's few to the extent permitted under state low or
awarded under the Bankruptcy Code. The rest of the sale money
win be applied to what you owe under the Loan.
If you have agreed to pay the Loan, you will also have to pay any
amount that remains unpaid after the sale money has been applied
to the unpaid balance of the Loan and to what you owe under this
Agreement. You agree to pay interest on that amount at the same
rate as the Loan until. that amount has been paid.
10- QBAV IN EWFORCIN13 MKS AND CHANGES IN THE LOAN -
We can deli enforcing any of our rights under this Agreement any
number of tines without losing the ability to exercise our rights
later. We can enforce this Agreement against your heirs or legal
representatives, If we charge the terms of the Loan, you agree that
this Agreement will remain in of act.
11. C ND EPFECTIVENIM - If any part of this Agreement is
determined by a court to be unenforceable, the rest will remain in
effect.
12. NORTH DAKOTA NOTICE TO SORRMERS PURCHASING A
MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION
MAY BE SUBJECT TO REPOSSESSION, IF IT 13 NOT
REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL
AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE.
13. NOTICE FOR AFAZONA OWNERS OF pROPEM - it is unlawful
for you TO fail to return a motor vehicle that is subject to a security
interest, within thirty days after you have received notice of default.
The notice will be mailed to the address you gave us. It is your
resporislbillty to notify us if your address changes. The maximum
Maltnyafor unlawful 5150 re pn a motor vehicle is one year in
prisoor a fine of 13 77to lolbwiNy ngsks QAfLY when tin box at left is manltao!
14. NOTE: ANY R OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEMMER BY THE D13TOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
15. OTHER PROVISIONS -
O CUNA MUTUAL GROUP, 1894. 2000, 2001. ALL RIGHTS RESERVED CREDIT UNION COPY NXX0221LASERi
EXHIBIT B
II
4.
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MODEL YEAR BODY TYPE tCP. TK• ETC) DDNOIMltI .
' ORKW4RL FLNE Check Ons TRANSFER N PREVIn A 188i1!'If T[t
? PLA76 TO BE NWAP BY
OF 0 TRMWM a MOM OF PL99
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p?TWQTTM?IeINaIR?EDAto _ ?N0 ' wns=.r 1AOENt Nir'","`
ATMMJt7MTti?1'
PROMearNa?.mEVe?sDLECOOE 0&AJGAGWr919fydUTE FF.- ENVW NO
of an R mirur of I of ` -
Z.rO titpeeeuro a sacasd Pulq,pep, a AIMeM@ud MWW TE/E a +
8groruro a CO-Pwehpt,N Ve Of A hwWd &W*i ( t ;a. a ,`' •+••... _ ...........................,.. .
NOT
if a Co-purchaser other than your. spouse is listd and you want the t) • tlaNd na "Joint enents M '
t • E i
Right of 3urvivorahip" (On death of one owner, title does to surviving owner.) OHerK HEAD (]. Othorwlse, the title
will be issued as "Tenants in Common" (On death of one owner, interest of dece9sed owner Enun to his/her hairs or
estate).
NOTE. IF TI,E VSHIME 187096 USED AS A DAM"Y AL DR Ltrie= CHECK THISSLOCK . i •TE ATr IC AI? A, .'
ME>fi6ENptA
I SUREAU OF MOTOR VEHICLES
OBIT B
l:/7U / / vu L1•1V V / / V1 VM211"B 11VWUIXX USTRlL BX V11V rL-i-lvjYV J/ --
OWNER. 0 Lessee: 000 Ckdt: OT Carrier: ARP: Flt:
KEVIN E & CHERI R OTT Title: 46353143,6 Tag: GVW:
26 SHORT LANE T1 Seq: 01 Exp Dt: GCWT:
SHIPPENSBURG PA 17257 T1 Dt: 07/19/93 Rg Fee: .00 Unl Wt: 1
T1 Dup: 2 Axle Tx: .00 Axles:
Non Pa T1: Prv Rn: GVWR: 35900
Reg Dups: GCWR:
REDMA Make: REDMAN Tag Tp: AWR:
Model:
LESSEE Year: 1993 Tag Color Code:
Body: MH Reg Pro: M MOBILE HOME
VIN: 12224590
Dealer : Class: 00
Junk: Unclaimed: Equip No:
A/C: Stolen Veh Dt:
Van: Stolen Tag Dt:
Purged Date:-
Renew WID: 00000 0000 000000 000 Est. WID: 93193 0019 004940 001
Stops:
21-ININFO 22-DETAIL2 15-RETURN
16-NOTEPAD 18-LIENINFO 19-WIDHIST
V/ -ow I I vv &.iA1 v/ I V.,
Title : 46353143
WID
05055 2253 000296
02303 0043 000411
93278 3210 000088
93193 0019 004940
OPER
ID
001 2253
002 4357
001 3210
001 4138
Vrjgl.L%ol r n.LJJ 11.L04VXLS
TRAM PROC
CODE DATE
08400 02/24/05
07101 12/06/02
06100 10/05/93
01100 07/19/93
18-DETAIL
AMOUNT
.00
22.50
.00
20.00
-1- .,_ --
SCROLL ==>: PAGE
OVERPAY REF
.00
.00
.00
.00
15-RETURN
EXHIBIT C
12
LAW OFFICES
IRWIN & McMGHT, P. C.
ROGER B. IRWRV
MARCUS A. McJUV1GHT.111
DOUGLAS G. AfiUAR
SY EEW L. BLOOM
MATTf1EWA. McKNIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2363
FAX (7 f 7) 249-6364
WWW.IRW/NA4CCKN/GHT COM
HAROLD S IRAN (1923-1977)
HAfi(LDS IRWW, JR (1934.1986)
AtYW.RA7N&IR1f7N (1956.1986)
RImV, RW N& M NNMT (1986.1994)
RRAI.A&RAWRT&HUGIM (1994-2003)
RfAN & Afdt Wff (20031008)
April 16, 2010
Susquehanna Valley Federal Credit Union
3850 HartnWe Drive
Camp Hill, PA 17011
New Image Home Sales
6 S. Charlotte Street
Manheim, PA 17545
In Re: 1993 Redman
VIN 12224590AB
Manufactured Double Wide Home located at 26 Short Lane, Shippensburg, PA
To Whom It May Concern:
I represent Craig O. Martin, of Shippeasburg, Pennsylvania. The above referenced manufactured
home titled in your name or in which you maintain a secured interest has been purchased by Craig 0.
Martin and placed in Southampton Estates Mobile Home Park of Shippensburg, pennsylvania.
After repeated requests to produce the title, Mr. Martin has directed me to commence a petition to
involuntarily obtain title to the home. If pursued, a Court Order may be entered in Cumberland County,
Pennsylvania discharging liens against the title.
Please contact me prior to April 30, 2010 so as to avoid litigation and unnecessary expenses in the
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, Pennsylvania.
Sincerely
MAM Marpis A. Mj?KWt, III
jmr
cc: Craig O. Martin
Steven Howell, Esquire
EXHIBIT C
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RECEIVED
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EXHIBIT D
13
LAW OFFICES
IRWIN & McKNIGHT, P. C.
ROGER B. IRWIN
MARCUS A. McKNIGHT III
DOUGLAS G. MILLER
STEPHEN L. BLOOM
MATTHEW A. McK1VIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2363
FAX (717) 249-6354
WWW.IRKlNMCK VIGHT. COM
HAROLD S. IRWIN (1925-1977)
HAROLD & IRWIN. JR (1954-1986)
1RWIN. IRWIN & IRWIN (1956-1986)
1R07N, IRWIN&MCKNIGHT (1986-1994)
IRWIN. McKNIGHT & HUGHES (1994-2003)
IRWIN&McKNIGHT (2003-2008)
May 10, 2010
Mr and Mrs. Kevin E. Ott.
372 Bradley Lane
Shippensburg, PA 17257
Re: Mobile home title
Dear Mr and Mrs. Ott:
Enclosed is the Application for a duplicate title which we discussed. Please have it signed on the
back and have your signatures notorized. Also enclosed is an affidavit that states that the other titles have
beendestroyed or misplaced.
We ask that you please return the form at your earliest convenience in the envelope enclosed so
we can continue this process.
If you have any questions, please give me a call. I appreciate your assistance to help us get a title
for our client.
Sincerely,
IRWIN & MCKNIGHT, P.C.
Jean M.Rice, CLAS
Certified Legal Assistant
Real Estate Specialist
JMR
Cc: Craig Martin
Enc.
EXHIBIT D
14
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. PennDOT 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 PROCEEDING. 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 TO PENNDOT ALONG WITH THE APPROPRIATE FEES.
July 2010 - over -
pennsylvania
DEPARTMENT OF TRANSPORTATION
www.dmv.state.Pa.us
EMU= E
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, PennDOT 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 Penn DOT-approved publication. Approved PennDOT
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 20 , after reasonable notice
and an opportunity for hearing having been pr terested 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 of any other person to is hereby extinguished. The Commonwealth of
Pennsylvania, Department of may accept this order as evidence of ownership in
lieu of a Certificate of Title. Th er shall submit the appropriate forms, taxes and fees and
comply with any other proce s of the Commonwealth of Pennsylvania, Department of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
CRAIG O. MARTIN,
Plaintiff
V.
KEVIN E. OTT,
CHERI R. OTT,
SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION,
and NEW IMAGE HOME
SALES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-7355 CIVIL TERM
PLAINTIFF'S PETITION FOR INVOLUNTARY
TRANSFER OF OWNERSHIP VEHICLE
(MANURACTURED HOME) BY COURT ORDER
ORDER OF COURT
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AND NOW, this 27th day of December, 2010, upon consideration of Plaintiff's
petition for Involuntary Transfer of Ownership Vehicle (Manufactured Home) by Court
Order, a Rule is hereby issued upon all interested parties to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service. Service is to be made upon all
interested parties by Petitioner to their last known addresses by certified mail, receipt
requested, and by regular mail, and if such notice is unclaimed, advertisement notice in
accordance with the requirements of the Pennsylvania Department of Transportation.
BY THE COURT,
J? Wesley O , Jr., J.
/Marcus A. McKnight, III, Esq.
60 West Pomfret Street V\ 00"bd
Carlisle, PA 17013 6DPq a1?°
Attorney for Plaintiff ?? f 3 Dig ?
:rc
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eVin OH, CPwri Pot, 37a gnxdlsyLow, Shippgnaburg PA 17as7
6"641U,& vM11py Rv) 3850 Hartso,L- Dr, Camp 40. PA loll
*to - rmSs HW* Sales, 4 3. &%rivit 51•, MMhairn PA 17.646
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Craig O. Martin
vs.
Susquehanna Valley Federal Credit Union (et al.)
SHERIFF'S RETURN OF SERVICE
%l;JP-6 AM Q. K4
M M B E R L ih'D t C D 1,
P - N 19_rn ;I .
Case Number
2010-7355
01/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 4, 2011 at
1520 hours this Order of Court, Notice and Plaintiffs Petition for Involuntary Transfer of Ownership
Vehicle (Manufactured Home) by Court Order upon defendant Susquehanna Valley Federal Credit Union
is returned not served per request from Attorney Marcus A. McKnight III.
01/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 4, 2011 at
1520 hours this Order of Court, Notice and Plaintiffs Petition for Involuntary Transfer of Ownership
Vehicle (Manufactured Home) by Court Order upon defendant New Image Home Sales is returned not
served per request from Attorney Marcus A. McKnight III.
01/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 4, 2011 at
1520 hours this Order of Court, Notice and Plaintiffs Petition for Involuntary Transfer of Ownership
Vehicle (Manufactured Home) by Court Order upon defendant Kevin E. & Cheri R. Ott is returned not
served per request from Attorney Marcus A. McKnight III.
SHERIFF COST: $60.00
January 04, 2011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
FILED-OFFICE
-Noo
s'r
SO ANSWERS,
1
RON R ANDERSON, SHERIFF
j
CRAIG O. MARTIN,
PLAINTIFF
VS.
KEVIN E. OTT, CHERI I. OTT,
SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION, and
NEW IMAGE HOME SALES,
DEFENDANTS
IN THE COURT OF COMMON P! S c..-
OF CUMBERLAND COUNTY, ? mt
PENNSYLVANIA (D `
y n ? CD --n
a C)
CIVIL ACTION - LAW -+
NO. 2010 - 7355 CIVIL TERM
ANSWER WITH NEW MATTER OF
SUSQUEHANNA VALLEY FEDERAL CREDIT UNION TO
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF A
MANUFACTURED HOME
TO: Craig O. Martin
c/o Marcus A. McKnight, III, Esquire
Irwin & McKnight P.C.
60 West Pomfret Street
Carlisle, PA 17013-3222
Notice to Plead
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
1. ADMITTED.
2. DENIED AS STATED. Susquehanna Valley Federal Credit Union
(hereinafter SVFCU) is unaware of the last known address of Kevin E. Ott.
3. DENIED AS STATED. Susquehanna Valley Federal Credit Union
(hereinafter SVFCU) is unaware of the last known address of Cheri R. Ott.
4. ADMITTED IN PART. SVFCU is a non-profit federally chartered credit
union with its principal place of business at 3850 Hartzdale Drive, Camp Hill,
PA 17011 and in the past it has financed the purchase of mobile homes.
5. ADMITTED.
6. ADMITTED IN PART AND DENIED IN PART. It is admitted that on June
9, 2004 Plaintiff borrowed $33,763.50 from SVFCU to purchase the 1993
Redman mobile home from New Image Home Sales LLC. However, upon
further investigation New Image Home Sales LLC was never the owner of the
mobile home that it sold to Plaintiff. By way of further explanation, the 1993
Redman mobile home was owned by Kevin E. Ott and Cheri I. Ott, who sold
it to Renee Hilsabeck for $39,000.00 on March 30, 2001 as shown on Exhibit
"A". A MV-4ST was completed bearing the signature of a Power of Attorney
for Kevin E. Ott and Cheri I. Ott and identifying Renee Hilsabeck as the
"purchaser". See Exhibit "B". The "CIT Group" provided financing for the
sale and on October 15, 2002 notified the Pennsylvania Department of
Transportation to issue a new vehicle title and list itself as the lienholder. See
Exhibit "C". It would appear the Pennsylvania Department of Transportation
failed to perform either administrative task. SVFCU has been unable to locate
any contract or document transferring the 1993 Redman mobile home from
the Otts or Ms. Hilsabeck to New Image Home Sales LLC or Plaintiff. On
June 1, 2004 Plaintiff executes a Purchase Agreement for $41,061.00 as
"buyer" of the 1993 Redman mobile home. See Exhibit "D". SVFCU
believes that: (a) it was never listed as a secured party on any vehicle title for
the 1993 mobile home; (b) Plaintiff was never listed as a purchaser on any
vehicle title for the 1993 mobile home; (c) Plaintiff did not obtain any proof
from New Image Home Sales LLC that it owned the 1993 Redman mobile
home; (d) Plaintiff did not undertake reasonable steps to ascertain that he was
in fact purchasing a 1993 Redman mobile home from the mobile home's true
owner; and (e) no sales tax or transfer fees were paid by Plaintiff to
accomplish the sale, transfer or registration for the 1993 Redman mobile
home.
7. ADMITTED. By way of further explanation SVFCU incorporates by
reference its response to ¶6 as though fully set forth.
8. ADMITTED. By way of further explanation SVFCU incorporates by
reference its response to 16 as though fully set forth.
9. ADMITTED. By way of further explanation SVFCU incorporates by
reference its response to ¶6 as though fully set forth.
10. ADMITTED. By way of further explanation the SVFCU can not obtain the
title because the entity which Plaintiff chose to do business with never owned
the mobile home. This same entity never transferred the title out of Otts'
name or caused the SVFCU to be listed as a secured lienholder on any title
regarding the 1993 Redman mobile home.
11. ADMITTED. By way of further explanation the SVFCU can not obtain the
title because the entity which Plaintiff chose to do business with never owned
the mobile home. This same entity never transferred the title out of Otts'
name or caused the SVFCU to be listed as a secured lienholder on any title
regarding the 1993 Redman mobile home.
12. DENIED AS STATED. SVFCU is without information regarding this letter
so strict proof is demanded at time of trial.
13. DENIED AS STATED. SVFCU is without information regarding this letter
so strict proof is demanded at time of trial.
14. ADMITTED. By way of further explanation, SVFCU is not opposed to the
requested relief with the exception that Plaintiff seeks to impose legal fees and
court costs upon the SVFCU.
COUNT 1: Plaintiff vs Kevin Ott and Cheri Ott
15. No response required from SVFCU.
16. No response required from SVFCU.
COUNT 2: Plaintiff vs Susquehanna Valley Federal Credit Union
17. SVFCU incorporates by reference its responses to Paragraph 1-16 as though
fully set forth.
18. ADMITTED IN PART AND DENIED IN PART. SVFCU is willing to
cooperate in any way possible to assist in the title transfer, however, SVFCU
is not responsible for the legal fees and court costs in this matter because: (a)
Plaintiff purchased a mobile home from New Image Home Sales LLC when
New Image Home Sales LLC was not the owner; (b) Plaintiff failed to
complete any forms with the Pennsylvania Department of Motor Vehicles to
transfer ownership or the registration and pay any sales tax due upon the
transfer; and (c) SVFCU's only role in the sale was to provide financing to the
Plaintiff; and (d) if he failed to exercise due care in purchasing a home which
the seller did not own then any loss is the responsibility of the Plaintiff.
COUNT 3: Plaintiff vs New Image Home Sales
19. No response required from SVFCU.
20. No response required from SVFCU.
NEW MATTER.
21. New Image Home Sales LLC never owned the 1993 Redman mobile home.
22. Plaintiff voluntarily executed a Purchase Agreement on or about June 1, 2004
in which he is identified as the "buyer" but no "seller" is identified.
23. Plaintiff failed to execute the MV-4ST form as "final purchaser" which would
have identified the purchaser and the seller, transferred the registration and
calculated the transfer tax and registration fees due the Pennsylvania
Department of Transportation.
24. Plaintiff failed to exercise due diligence in purchasing a 1993 Redman mobile
home from New Image Home Sales LLC.
25. Plaintiff failed to exercise due diligence in researching the identity of the true
owner of the 1993 Redman mobile home.
26. Plaintiff knew or should have known that any vehicle purchase would require
the issuance and execution of a Form MV-4ST.
27. At the time Plaintiff executed the Purchase Agreement, the Pennsylvania
Department of Transportation listed the owner of the 1993 Redman mobile
home as the Otts.
28. At the time Plaintiff executed the Purchase Agreement the Pennsylvania
Department of Transportation had received on or about October 25, 2002 a
letter from CIT Sales Financing dated October 15, 2002 which requested that
a new motor vehicle title be issued in the name of Renee Hilsabeck from the
previous owners, Kevin and Cheri Ott. See Exhibit "C".
29. CIT Sales Financing requested that the Pennsylvania Department of
Transportation list "The CIT Group" as the new lienholder.
30. The Pennsylvania Department of Transportation failed to honor CIT Sales
Financing's October 15, 2002 letter and continued to list the Otts as the owner
of the 1993 Redman mobile home.
31. New Image Home Sales LLC is not an agent of the SVFCU.
32. SVFCU merely provided $33,736.50 to Plaintiff and in return he pledged as
security his ownership interest in the 1993 Redman mobile home.
33. SVFCU is not obligated to investigate the title abstract of the 1993 Redman
mobile home prior to making a loan to Plaintiff.
34. SVFCU is not an insurer of all competing claims of ownership regarding the
1993 Redman mobile home.
35. Plaintiff is solely responsible for examining the ownership abstract prior to
paying New Image Home Sales LLC the sum of $33,736.50.
Respectfully submitted,
BY:
H ell Law Firm
19 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Defendant SVFCU
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the persons and in the manner indicated below
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure
Service upon Opposing Counsel and all parties by First Class, Postage Prepaid U.S.
Mail
Marcus A. McKnight, III, Esquire
Irwin & McKnight P.C.
60 West Pomfret Street
Carlisle, PA 17013-3222
Kevin E. Ott
Cheri R. Ott
372 Bradley Lane
Shippensburg, PA 17257
New Image Home Sales LLC
6 South Charlotte Street
Manheim, PA 17545
BY:
Date: (12x11 1
VERIFICATION
Uwe verify that the statements made in the foregoing document are true and
correct. Uwe understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities.
BY:
Stephen J. rindamour
President and Chief Executive Officer
Susquehanna Valley Federal Credit Union
3850 Hartzdale Drive
Camp Hill, PA 17011-7809
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October 15, 2002
CIT Salts Financing
715 S %lctroliolitan A%c . Suite 1541
Po Box 25249
Oklahoma Cm. OK 73125-0249
405-945-1400-Document Admin.
02303 0043 OOCl411 / 43
PA Dept. of Transportation
Bureau of Motor Vehicles
Box # 68593
Harrisburg, PA 17106-8593
Dear PA Dept. of Transportation:
We are writing this letter to inform you that the original tide has been lost and we are
trying to obtain a duplicate tide and transfer into our customer's name. We have
enclosed Limited Powers Of Attorneyfor our customer Renee Hilsabeck and the
previous owaers Kevin & Cheri Ott. These are the only copies we have and if we need
to sign off on the title for them we will have to have them back.. There was not a space
for lien information on the application-so the new lienholder listed on the title for
Renee Hisabeck should be: The CIT Group
PO Box 25249
Oklahoma City, OK 73125
If you have any questions please cap 800-332-5248, Extension 1834.
Sincerely,
Cathy Lee
Title Specialist
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AUGj20-2012 15:27
FR0~1-IRWIN 8 I~cKNIGHT LAW OFFICES +7172496354 T-181 P.003/004 F}836
CRAIG O. MARTIN,
Plaintiff
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
v C1V1L ACT10N -LAW ;? ~~,
KEVIN E. i7TT, CHERI R. QTT, NO. 2010 - 7335 CIVIL T ':--
SUSQUEHaNNA VALLEY
FEDERAL CREDiT UrTION, `~:,> rv
~
NEW IMAGE ROME SALES, '
`
` r- ~
~
Defendants ,
= ~r ~
~_
STYPULATION ~ r~
.~
The PlaintifF, Craig O. Martin, and the Defendant, Susquehanna Valley Federal Credit
Union, have: entered into the following Stipulation to resolve this case:
1. The Piaintiff'iS Craig O. Martin, who resides at 26 Short I,anc, 5hippcnsburg,
Pennsylvania 17257.
?. The Defendant, Susquehanna Valley Federal Credit Union, is a Credit Union duly
organized under the laws of the United States.
3. The Plaintiff purchased a manufactured home from New Image Sales pursuant to an
Agreement dated June 1, 2044.
4. The mobile home was Fnanced by the Defendant, Susquehanna Valley Federal Credit
Uruon.
~. The Plaintiff' paid the Defendant until the loan was paid in full.
6. The Defendant was unable to obtain the title to the mobile home from the dealer who is
not out of business with no forwarding address, and the Plaintiff is unable to secure a title from
the Pennsylvania Department of Transportation.
r,
~~i
2
• •, AUG~20-2012 15:2T
s
FROi~F I RW I N !6 tdcKH I GHT LAW OFFICES +7172496354
T-181 P.004/004 F~-836
~. The last registered owners of the mobile home were the Defendants, Kevin E. Ott and
Cheri R. Oat, and the Defendants, New Image Homes Sales. Service cif this action has been
served upat them and they have not responded. A copy of the Petition is attached hereto and
marked as l~xhibit "A"_
$. The Defendant, Susquehanna Valley Federal Credit Union, anti the Plaintiff, Craig 0.
Martin, seek to resolve this case as follows:
The parties agree that the Pennsylvania Department of'Transportation should 1
directed to issue title to the i 993 Redman manufactured home with the serial number
122?4590 to Craig O. Martin.
VV>FIEREFO1ltE, the parties request an Order of Court as set forth above.
Date: ~ ~ l ~ ~~
Date: ~.~ZV~~ L
K~fu~t, Ill, Esq.
or Plaintiff;
Craig O. Martin
Steven well, Esq` "
Attorney for Defendant,
Susquehanna Valley Federal Credit Union
.gin 663
3
EXHIBIT "A"
.,
CRAIG O. MARTIN,
Plaintiff
v.
KEVIN E. OTT,
CHERI R. OTT,
5USQUEHANNA VALLEY FEDERAL
CREDIT UNION, AND
NEW IMAGE HOME SALES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
~] ~ ~.s
IlWOLUNTARY TRANSFER OF TITLE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in
following pages, you must take action within twenty (20) days after this complaint, order
notice are served, by entering a written appearance personally or by attorney and filing in wr
with the court your defenses or objections to the claims set forth against you. You are wa
that if you fail to do so the case may proceed without you and a judgment may be entered ago
you by the court without further money claimed in the complaint or for any other claim or r
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
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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Act of 1990
The Cant of Common Pleas of Cumberland County is required by law to comply with
the Americans with Diasbilities Act of 1990. For infiorm~on about accessible facilities and
reasonable accommodations available to disabled individuals having busioess before the court,
ple~e contact our office. All arrangements must be made st least 721murs prior to auy hearing
or business before the court. You must attend the scheduled cwnference or hearing.
cRAIG o.1KA>~rr>ar, nor ~ comer aF col~oN rLr~s of
ri^~r cvr~~xI.AND covrrrY, rL~NNaYLVANIA
v C1VII, ACTION - LAR-
KEVIN & OTT, Q _ 7 3 s~G t•,r . ~ ~c ~i
C,~I ~. aTr, l yo . 1
~lQIJE'aLANNA VAId.EY FEDERAL
(~T DNltl-itT, AND
NE'V IIMIAG>e SALTS, IlWOLUNTARY TRAHSFl~t OF T1TI,E
Defed~t
AND NOW comes the Plaintiff, CRAIG O. MARTIN, by and thtot>gh his ~torneys,
lrvvin dt McKnight, P.C., and hereby files ties Petition for Involuatmry Traaafer of Ownership of
a marn~factuc+ed home by Court Order in accordance with procedures required by the
Pennsylvania Deparhnent of Transportation, respoctfully states as follows:
1. Plairn>ff'Petitionex is Craig O. Martin, an aduk individual with an ad~ess of 26 Short
Lane, 3hippenb~ug, PA 17257.
2. is Kevin E. Ott, an adult individual with a last lrnown a
of 372 Bradley Lase, Shippenshurg, PA 17257.
3. Defendant/Respondent is Choi R Ott, an adult individual with a last known address
of 372 Bradley Lame, Shippensbucg, PA 17257.
4. t is Susquehanna Valley Fodeisl Credit Union, a Credit Union
duly organized under the laws of the United States, and is believed to be an entity engaged in the
3
btu~ess of finsaeing manufactured homes, with a last known address of 3850 Harhrdaie Drive,
Camp Hill, PA 17011.
5. is New Image Home Sales, snd is believed to be an entity
engaged in the business of selling of manufactunxl homes, with a last known address of 6 S.
Charla~e Street, Manheinn, PA 17545.
6. Plsintiff7'Petitioner is an owner of the a~amaifactuted home desigoabed as a 1993
Redman, having a serial # of 12224590 as sd forth at the Deparhnent of Transportation, Bureau
of Motor Vehicles.
7. Plainti$1Petitioner pln+chased manufachued home fi+om New Image Hoene Sales,
LLC. by a Pmr~ase Amt dated June 1, 2004.
8. Plaintit~'/Petitioner fib the purchase of the manufactua+ed home through
Susquehanna Federal Credit Union evidenced by a Loan and Security agt+CCmCIIt and Disclosure
Sit and set forth as Exhibit A.
9. A vehicle Record Abstract provided by the Pennsylvania Depa:tmmt
Trion attached hereto as Exhibit A indicates that the owner of the Ma~wfactured
is Kevin E. Ott aml Cheri R Ott with a last known address of 372 Bradley Lane, Shippensburg,
PA 17257 and set forth as Exbibit B.
10. On or about April 16, 2010 Plain~'Petitioner by his attorneys,
Defendants/ Respondents Susquehanna Valley Federal Credit Union and New Image Home
provide the title for the mobile home which the Plaintiff/Petitioner had secured for a loan that
had paid off and set forth as Exhibit C.
11. Susquehmna Valley Federal Credit Union never obtained the title to the
home which was to secm~ the loan made by Plaintiff/Petitioner.
12. On or about May 10, 2010 Plaintiff/Petitioner, by his attorneys, requested
Def~eadant/R,espondent sign ~ application for a duplicate title and set forth as Exhibit D.
4
13. No response has been received from any of the as to
requests contained in the tespec~ive kthcers. The letter directod to New Image Home Saks
rettnned marlccd undeliverable.
14. Plaint~Petitioner desires to obtain title to the above descn~bed manufacha+od bt
as to allow Plainti~Petitioner to move the home or sell the home.
vs Karin Ott ari C1wrI Olt
15. Parks 1-14 are h~ herein as if set forth sot length.
16. In order to obtain title to the above described mobile home, Piai~if~'petitioner
required to eosnmence the instant action, obtain a hewing date, attempt to communicate 1
hearing date toI)efeodant/Responder by certified mail and/or public notice, and obtain an Ott
of Court following the hearing, all in accordance with rake and t~egulations promul~od by t
Pennsylvania Deparmnent of Transportation. A copy of tt~ requirements issued by t
Pennsylvania Department of Transportation are a~achcd hereto as Exhibit E.
Wherefore, Plaintiff/Petitioner, Craig o. Martin, respaVtfully requests that this Honoral
Court:
(1) Schedule a hearing date at least sixty (60) days after receipt of the inst:
action so as to allow Plaintiff/Petitioner to properly complete all requu
notice provisions for advertisement to Defendant; and
(2) After such hearing, enter an order of Court indicating that the Commonwea
of Pennsylvania, Department of Transportation may accept fire order of Coy
as evidence of owtterslrip in lieu of a Certificsste of Title, provid
Plaintiff/Petitioner submits all forms, taxes and fees in order to nx;eive 1
appropriate certificate of title for said mobile home
(3) Any other relief deemod just and equitable, including an award of damages
the amount of 5750.00 for attorney fee plus costs.
5
Cast Z. P~'m Soso~ei^ooo VaOev Feierisl Cry U.i..
17. Paragraphs 1-16 are incorpon-ted herein as if set forth at length.
18. In order to obtain title to ttre above described mobile home, Plai~i$7Petitioner
required to commence the instant action, obtain a hearing date, t to oommrancate t
hearing date to Defendant/Responder by certrSed mail and/or public notice, ark obtain an Ord
of Court following the hearing, all in accordance with rules end regulations pmmulgatied by t
Pennsylvania Department of Transportation A copy of the regwrements issued by t
Pennsylvania Department of Transportation are attached hereto as Exhibit E.
Wherefore, Plasntiff/Petitioner, Craig O. Martin, respectfully requests that dais Honorat
Court:
(4) Schadule a hearing da~be at least sixty (60} days after receipt of the instr
action so as to allow Plaioxiff/Petitioaer to properly cx~mpkte all requir
notice provisions for advertisement to Defendant; and
(5) After such hearing, enter an Order of Court indicating that the Commonwea
of Pennsylvania, Department of Tranapo~rtadion may accept the Onkr of Ca
as evidence of ownership in lieu of a Ceriificaxe of Titk, provid
Plaintiff'Petitioner submits aU forms, taxes and fees in order to raxive 1
alb certificate of title for said mobile home
(6) Any other relief deemed just and equitable, including as award of damages
the amour of 5750.00 for attorney fee plus costs.
Cow 3. P~ w Nav Isere Hoses 5ioles
19. Paragraphs 1-18 are incorporated herein as if set forth at length.
20. In order to obtain title to the above described mobile home, PlaintitF/Petitioner
required to commence the instant action, obtain a hearing date, attCmpt to communicate t
hearing date to Defendant/Responder by certified mail and/or public notice, and obtain an Ord
of Corot following the hearing, all in accordance with rules and regulations promuigrtted by t
6
Petmsylva~oia Department of Transportation. A copy of the rocluirements issued by the
Pennsylvania Department of Trat~sporrattion are attached harem as Exhibit E.
Whereefore, PlaiirtifflPetitioner, Craig O. Martin, respodfully requests that this Honorable
Court:
(7) Schodule a h~esring date at least sixty (60) days after recxipt of the instant
action so as to allow PlaintifflPetitioner to properly c~mplote all required
notice provisions for adveltis m Defendant; and
(8) After such hearing, enter an Order of Court inclicating that the Commonwealth
of Pecu~sylvania, Department of Transportation may accxpt the Order of Court
as evidence of ownership in lieu of a Certificate of Title, provided
Plaiuti$rPetitionex submits aU forms, taxes and fees in order to reccive the
alb certificate of title for said mobile home
(9) Any other relief just and equitable, including an award of domes in
the amount of $750.00 for attorney fee plus costs.
IRWII~i ~ GHT,
Date: November ~, 2010
By:
drarws McK.i~/III, Esgire
Supreme urt I.D. #: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for the Plaintiffs
7
VERIFICATION
The foregoing document is based upon information, which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in 8
document and they are true aad cornett to the best of my knowledge, information amd belief.
timdastsnd that false stateme~s herein made are subject to the penalties of 18 PaC.S.A. Secti
4904 relating to unswom falsification to authorities.
CRAIG O. MARTIN
Date: November 24, 2010
F.~1TA
~0
• 7UL-10-2009 10:18 SU90 VALLEY FCII ~ 717!!12022 ~P.02
DIAL ~T LNiNOM .
s1a0 FMrarlrU Dt1r11
"~ .~ ~~ ~ ,roltaeoa
LQAN AND 8ECt1rA1'TY X111
• ANp 011. s1'ATEMEN
~ or-Ta ~o~u+ s~ wflooisrr tyurwae dour rau~r raate~ul r~u-TUMrv ar
iaooo ~ ~ ~ oar-we}~ oensno,o
• ~
Ctraie Q Irrlttt •: ~~ ~,ne.,~ 1
1:Ob tlaltt~ttt ~ottaa Rd
~ s.o
Grlisle, PA 1fii3
A~J41. ~A7'E • Ta1fa Ot f ~INNN~ TdM ilk Pr10e
•1rM ott~c Ot yprr credit ae ~ yt>.ty na. The ~~- vutsutte tiht- TM ^ttwltt M enMe 7tw aeioMtt Yes ~ IIM TM ttttat votn st
~ ptrettttw on txettt Y
pMrt MIN Oeet reu.
Pteridrd m you ar ae ~y ~~ t~ Items /~~
Yov MMNf. ~ MMMMra N tM~NM/6 N11fOM itCMtdn year
12.9000011 K2,a90.01 a ~ ~33,771b.50 il7li
pi
s1 a
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of a
errr ~ ~ ff you pay off arty Will not hwe to
Nurabar of raynlNlb AtnautR of lAayrserip wlllrl Payniwil~ Ara Dar Oey • pariaky.
179 ~ ! ~ 426.10 Monthly .~e/inA~ry 07/is/E004 lrgioi OgMMIs 7'fM Afn~tlM Ate! doN
1 i 426.21 ~ 06J}SlEO}9 rrCt like ~ a0oeurtt ~ ragill<ad i# any.
MIN^illea: 1Dtt mal- ObtaMl prOpefty ~1falMla from a1ryMM you
vtnrlt tlrd k aooa
Rabh
tM
dt
i
M ®a~~a>wnra~eeitra Of loan on the
p
to
cro
un
on.
you get the irrNaarrire from ue, trrn`
lrort +~ vay a ... . .
Dantaa~
a
~
At l pry^~e~cs repived lore tlw- 14 days pst thef r due atite will be darted 8
df•elowae w
Itf~ky df ofM yer. an aasutned
•.~ ath fN.
• ~ f^nf FeN NOIFI~1~
• .00 • .OD
~wlen CaMagret New otter !Dena wnh the Drat uNa+ mry io eewr9 thN b~~. Youa~o dvk~
eletrw and dividends and. t~riy, !lour daeoeip and alan~t Mi tlw otadt unlan; and li+e pfoperty rcr7s~ bw: kKer9at M your
tbila~rel Propsrty/Nlodel .Xeat ~ LD,.~i±lriaib~r. Ty/e Volue
` Kay Number
i Ie~ILE ilat~ TI1LE 1993. 1.2~t5lallXdlBf~Pnp RIaIINI a 37,406.
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4
Other IDeep'ibe~ Y01R ta;EDtT I~MION QMRIi
• P'Nd0e Of 8hens 9 Mi Aoo01ir1R i~io. $ in Aoootrrt No.
Sae ooneraCt d00urMnt6 for any addt[lorrl lrrte-irttitiort about ~, dt>fattlt, and anY r'agtrked npayrttertt fuM before the
'~
,ti. • ..
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• ~ ~'~M b9rf11~ 0~ ~ Y ~~
lp sure
you ~p to the tams Y~~~~w~
o
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a
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a#
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or>fy to >tN terms of the Sacu'Agreement. rty
you sprat
aew
aew ate
t!w
El~IIBIT A
e CYMA iMIT11AL WIG1N. f ~N. 700D.1001. Alt. IrGl1f5IIl~VID _ QEO1T Ullal ~T N7t%022 ~AliLl
.___ ... ........ .....~ ava~r vh~Y l~l:U 71?44120Z2.....Yau~
' Borrpwerisl Creig o M.rtin ~~ .~,
In thle Apneseaant ell refw~wrsea t0 •~, tshlotL' 'we," •
"w' mean fete oredic union what eherrhe appeere an ihis
and aelYorre to wfhom the oredlt union eee>atie a uanetete this
Agreenrw>t. AM r~MM+Mheres t0 the 'Loan' nhNn the ba
M tl+yeouLoam A~eerrNnt tllat Is pp~erratoon~f fhb dooumM~t. All n~
1m. T!i! ~•Md~M~wIOR THE 1WIN -Yoe piw~ ~wht~ ie
a irrhereat in the daeexibed bt the *8ao~eky"
seotun o dhe Titeth in Leeeing that fs of this
doourehMrt ('the Pt~Operty"!. The seateltY intsrast You aw iehobedes
ant aooMehiane. Aeoeeelorhs and thtehas widoh are atpothed to a
ithstaMOd in the Prrperty now ar In the tattoo. Tthe security trilsrest
also bedhedM ~ nipleoMrleeNS liar tlhe Property whiaA You buy
wlghkh 10 of lets Loin. ~~p~~ nrrswre or
fi+dom~ the ptopetty or from bl~utm~ioa 1Irv~e noeir~e
Property. tf Vho value io# trh~ey ~ deolrhea, you pronhbs to giw
~ 1 M s~~E1~fY ~NII~ OO~V~ -The 1~
aaeetiwe the Loan end airy rwrerrele ar InansrMf mot
dhe Loerh. if die Prw~perty is not a h Mw aaoune any otlnr
bane. YtoM+dltto any andk oard ben, you haw now « nosiw h
the futeero frorrh vs .rid trey slAsr wneuthta you owe ue
pn~.eo~n raw oar in, 8 ~1efu~n. b°°e~`haNel~o~id go~oida~
bt- die Fiierat Trade Cb~n QrarNt 14pottoee R~rle or Yp~
roeidwhceS, t1w Property w11 eeaere only this loan end trot
otMr a. arrea~ehts ohae ue.
'. tt! Tti llklrl~iY - You p that you own
~ ~Y qr, M fhb Loan b W buy ~ p~ . Ya1e R~
You uN fete Lan prosssde ter thet Wrpoee. You 11118
no one aloe hes any btwest N ehr e;leelm against tlp dot
you !hare real ate~ody totes ue about. You p~ rot tc ant or
beta tfhi Property a to uee h as seaaley for • bsn whh wiotlier
oraeltter ue1M the Loath b repaid. You pronelee y~o~,t wiq ehtbw rb
~:1~16n~1'Nfiiretwest or ~ ~ to the rP rpwty tether by
N'f~lif•T - ff yoer state feaure a
Pdifis M.hYau tranMN ~bo lhsve out washy 1r111nast
show~oothe etiay hereto 11<e whet b cMed e
s~enhent to prabct our saeeerlty irteenet tram tM abims of
cdrta. ff eekad 1b eb eo. You pearhlle to a finarhobh8
steoMrhant. You pronhiae to do wlhaievar ew vie dirk b rheorary
ro prolattt our lteouellY bhterest MI t#ee Ropeny. You sit pronhiee to
peY ai costa, bhobeelNhg but not Nndled to any atlorrhay fw, ww
our ~ intw mad rtolrts in the Property.
h. IA! OF i~~~n~ ~~Loe~n~~~~1M~ been paid ofi, you
prorrhbe wilt: l t l iJee lets Hupsrty ~Y arhd loNp k Inms~oedr
~~'~aa•-tY o- p~ tAe ~ ~wl1Me !hs
4 (~ ithfarm ulobih iAt(werp be?al~a Y~Oer
a;~ iY ~ tMnhagsdtstaMnYabeeed ~ (B~~Ytfis
•. p10111TY ilfilMMNC'18, 9'A~ AIrD ~ - Yexe pronhiae m
peY aN takes and hoe (Nbe reaetrattere teeel dw an the Ptepwty
and to tcaep lfrs Plgerty treeesed o8elrtet bes and ebsnaoe. Ties
anrourht and oowrape of Ills property lnstpanoe must be
to ua. You may provWe tiN ilMherwhce threniMh
a you alnedY ~. er thtoteMh P~yexe and pay for.
You prombe to make drs bheheranee
a
alis w us and m penMty fa
pr110n and
0
~
y
dsiirer dhe
oNc
or
ro
f
f 10.
p
p
y
o
eh
cavarpe tow seked m do ao.
It You ancel year irhueranos srd pt a rofieehd, we hwa a rlpht to
tM rehend. H tthe Property ii bet or damaged, wa oat ues flee
~eraexe setterrrent eo rapek the Plcperty or apply h tehMarde i
what Yoe ows. You sutfartra tea to endorse any efraft or ohenk
wlhloh relay be payable to in order for w to oolsct trey reherrd
or berheAts elhee ardor yaw t1 MNtIM1Oe peNOy.
a
111! tf we steed anhO~etb ~~~ tee Or
ineuranle m the iNfpYi! l of tint Loth, wa if1CAe1s Yaw
pernretNe >e pey the etmohnt added wittNrh tha term ~ ieheerahce
or fh f Ilse tsna.
Q7~P~~iY~MC'E MO~'tt0E - M you do rat the regrrY+ad
~ Wfw OOMM~it a~rdll oY- NMerlrt in ~ W~OpAr~ ra~ M t~
net ba ~y M!r!~ ford wH feet sstietY aey stale lihertsiet
0. ~W1i.T - Youpwa~be~ in deNult If btMk praeMN you
. Yau wM aNo M h d~eel~iender tl~ib w cif tl~te
•. t~Mt~tN~ ~ 11011 AlE M Dl~t11.T - You sry ith
deMAt. va nay Mrreheiew priyllant of ohAelerhdlrrg
bMenoe of~ ~ ~~~ ~ atNrfoe hss tl~ie t~W~~t
bo tdie ~^~p el` ihi ~ni~wltltoeeMl proaMS M deb
can M lento whhout brwMt ~i peeee, if wa sek, You proralee to
dalr~er 1be Pi+lpnt~r at a flirts and pt1M ire olheaee. MN hIIM rhst loo
r~saparheMe lot any other ~e sot ehchr1/e11 by
you Mew irieida dh.~ lr or ih.c M to tfhe
~ rty. wr hails try to retain flat prap,rty to ar msloe k
Atllr 1apt~leotr o~~1NM of th llroparty, we can R arsi s~pty
the fp attar eetorlrhle you owe w. ~+Me~wN~l You notbe of
Our a1b~ takMe/ paint isn of arr(eelb~ P~rope~Ry
be ~d iaa0ec ofd t~et~Md train th e~Ne
me~y
eanirratiii ~ Mn1 u~plly IAdsp~ Of pN fr~brhsy
wM be appMeM to whet You owe unMr die Lroen.
N You Mire e~wd to pay fete Lowy you bNApiprll~id
amount Ilhat rwehebhe after tthe sole
to dhe uripMd reberee of the Lout acrd to ~ You under fhb
'~~t You tlN paay~~ at the seine
sny
at ~~ or ~e1e under tldde ~ ~ -
lorr. YMe an ertGtrettlhle ' ~ totO hair a
~~e~aelt~eee. K tiro ~ at 1h, ioen, rou egtee teat
tdetierrMted by a court to be unrMoethseebls, ~e~ ~ M
7S. N0~'11C'tI lli~ ASIA O~itli•I
far YoY Oa fM m ralnnh a motor vase
iingwet, wMitn tMrty e1eNa eher you
n~t~ oe wiN bs ranted to the ^
to rhetlfy tee ff voter a
s IMrs of
if you do not pay 'doe loess or fees Propwly when due or 15.07'liet llrplllNpq~ _
Iwp K Insured, we thhay pey dhseeaobNOadoree, but ws are rrlt
rr4utid to do so. Any morhsy we spsnd Mr taeees, fats a
ieeeutarhos wiN be eedeled to the unpaid b~e+a of the Losn and you
wNl peN interest on dater Mrhoeaew at the torte refer you agreed m
peY on the t,owh. YYe meet' hvoetve paynhwers ire corshsction with the
~eteraloe firm a aoerhpwey whMh povl0es the ireeursthoe. We may
mordlor our bent for the ofd whether You and
oter 4onowas hew c~oer~pd~pwl0kah d of
«~ tw~h~mayw ea>fiel.~(h11~u : ir~,eur.noe~ «witi-
Dayerhenta to us and i21 the coot a? datwmhip oamptle
• e:uru e#uTUM. swan; ~ oee~, apoo, too. nu war's eeaeavm CRlD t T VIII Oe COPT
N T~
R 18 NdT
~
Afifg
Y Ml
,~
~ h
~
~
tlhst b to s e
iour
R
lino teoeiYSd of defeuk.
~ ~h
~
d
~
a vs
• n+ot h one yeti h
NX1~! ILAe!w
EXHIBIT "B"
SETTLEMENT AGREEMENT AND RELEASE
AND NOW, this _~' i•~ day of v vS ~ , 2012 comes Craig O. Martin
and Susquehanna Valley Federal Credit Union, ("SVFCU"), and enter into this Settlement
Agreement and Release, as follows:
WHEREAS, certain disputes have arisen regarding services rendered resulting in Cr
O. Martin filing suit against SVFCU at docket number 2010-7355 in the Court of Common l
of Cumberland County.
WHEREAS, the Parties wish to amicably resolve all claims, disputes and causes of a
between them.
NOW, THEREFORE, intending to be legally bound, the parties agree, as follows:
1. Payment by SVFCU. SVFCU shall pay to Marcus McNight as counsel for Craig O.
Martin the sum of Seven Hundred and Fifly and 00/100 ($750.00) Dollars. Such payr
will be made by SVFCU 5 days a$er receiving the signed Settlement Agreement and
Release from Craig O. Martin.
2. Release. Upon signing of this Agreement the parties do hereby release and forever
discharge each other, their officers, directors, successors and assigns, of and from any
and all actions, causes of action, claims, demands, damages, costs, loss of services,
expenses, compensation, consequential damage, attorney's fees, claims for contributic
or indemnity, and all other matters which one party may have against the other, either
known or unknown, from the beginning of tune to the date of this Agreement. Such
release shall not cover or apply ao any obligation amongst the parties created in this
Agreement. - _
3. No Admission. The Parties agree that this settlement is the compromise of claims
are disputed and that any payment, settlement or release is not to be construed as an
admission of liability by the persons, firms, and corporations hereby released, by
all liability is expressly denied.
4. Agreement Fully Understood. By their signatures affixed hereto, each of the Parties
acknowledges that they have read the Agreement, have had the advice of counsel
pertaining thereto, knows its contents, and understands its terms and effects, prior to
time of execution.
[Signatnres to follow]
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have
this Agreement as of the dates written below.
ATTEST:
i'
%~ By:
CRAIG O. MARTIN
By.
SUSQUEHANNA VALLEY FEDERAL
CREDIT UNION
~Brindamour, President
COMMONWEALTH
~24~'~E OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this, the 4th day of AucusT .2012, before me the undersigned of
personally appeared CRAIG O. MARTIN, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Settlement Agreement and Release and
acknowledged that (he/ske) executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
coMMOniwEn~ni of Pewwasrivarv-
NotMiel seal
Martha L. Noel. Notary ~~ NO~I
Carllde Born, Cumberland County
Gonur~alon r~lros ta, toffs MY
MEMBER, PEINISYWANU ASSOQATlON OF NOTARIES
STATE OF
SS.
COUNTY OF ~~,(,~ ~ I i~ t~.,
~'~.
On this, the ~~ day of ~ ~ , 2012, before me the undersigned of
personally appeared STEPHEN J. B OUR, known to me (or satisfactorily proven)
the person whose name is subscribed to the within Settlement Agreement and Release and
acknowledged that (he/she) executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
Public
Expires
be
-..._.--- Hoak sad
A. ShuaY~ N0~ Ooun
lower Allen ?wP_' -C~"^bM- r~ ~D.1~0;
~1~~
CRAIG O. MARTIN,
Plaintiff
v.
KEVIN E. OTT, CHERI R OTT,
SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION,
NEW IMAGE HOME SALES,
Defendants .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
NO. 2010 - 7355 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of August 2012, upon consideration of the Stipulation of the
parties, it is hereby Ordered and Directed as follows:
The Pennsylvania Department of Transportation Bureau of Motor Vehicles is hereby
Ordered and Directed to issue title of the 1993 Redman mobile home with the serial number of
#12224590 to Craig O. Martin.
Marcus A. McKnight, III, Esq.
Attorney for Plaintiff
Craig O. Martin
~ Steven Howell, Esq.
Attorney for Defendant,
Susquehanna Valley Federal Credit Union
~~~
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By the Court: