HomeMy WebLinkAbout11-7470 COURT OF
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Y
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TIMOTHY C. SHEAFFER IN THE
ANIA
Y
UN
LV
CUMBERLAND
PENNS
Plaintiff
N0.2011- CIVIL TERM
V TION-INVOLUNTARY TRA?iSFER
.
CIVIL AC
i C-
OF A UTILITY TRAILER TITLE
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DYN TRAILER
BRAN
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MANUFACTURING, rl'?• C
Defendant
FOR INVOLUNTARY TRANSFE -;
PLAINTIFF'S PETITION
.:r...7T 7TH mu Ali ER BY COURT ORDER-
AND NOW, comes the plaintiff, Timothy C. Sheaffer, by and through their attorney,
David A. Baric, Esquire and respectfully represents as follows:
I • The Plaintiff is an adult individual Timothy C. Sheaffer, who resides at 144
McAllister Church Road, Carlisle, Cumberland County, Pennsylvania 17015.
2• The Defendant is Brandyn Trailer Manufacturing, of 14246 Highway, 90 West,
Mossy Head, Walton County, Florida 32434.
4
5
The plaintiff purchased a utility trailer from Defendant on February 10, 2011.
When the Plaintiff purchased the utility trailer, it had a serial number ID35200
6. At the time of purchase, utility trailer was not encumbered by any liens.
7. Plaintiff was informed at the time of purchase that the state of Florida did not
issue title for such trailer.
7• Plaintiff desires to obtain a new title in his name to the above-described utility
trailer.
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8. In order to obtain title to the above-described utility trailer, plaintiff is required to
commence the instant action, obtain a hearing date, attempt to communicate the hearing date to
the Defendant by certified and/or public notice and obtain an order of court following the
hearing, all in accordance with the rules and regulations promulgated by the Department of
Transportation.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
1. Schedule a hearing date at least sixty (60) days after the receipt of the instant
action so as to allow the Plaintiff to promptly complete all of the required notice
provisions for advertisement to the Defendant; and,
2. After such hearing, enter an order directing 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 submit all
forms, taxes and fees in order to receive the appropriate certificate of title for said
utility trailer.
Respectfully submitted,
B RIC SCHERER LLC
if
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Petition For Involuntary
Transfer of Ownership of Vehicle By Court Order are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
V?d,
Timothy C. Sheaffer
TIMOTHY C. SHEAFFER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011- 7470 CIVIL TERM
V.
CIVIL ACTION-INVOLUNTARY T"F% ;
OF A UTILITY TRAILER TITLE -oZ ;Z -;
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BRANDYN TRAILER
MANUFACTURING C/) "-
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Defendant r C-
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AFFIDAVIT OF SERVICE
IN ACCORDANCE WITH COURT ORDER co
I hereby certify that service of the Petition For Involuntary Transfer Of A Utility Trailer
was made in accordance with the Court Order dated October 4, 2011 as indicated below:
By publication in The Sentinel on December 11, 18 and 25, 2011 and the Cumberland
Law Journal on December 23, 2011. Proof of the said publication is attached hereto.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C. S. Section 4904 relating to unworn falsification to authorities.
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David A. Baric, Esquire
DATE: January 11, 2012
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Jackie Cox, Sales Director of The Sentinel, of the County and State aforesaid, being duly
sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the
Borough of Carlisle, County and State aforesaid, was established December 13th, 1881,
since which date THE SENTINEL has been regularly issued in said County, and that the
printed notice or publication attached hereto is exactly the same as was printed and
published in the regular editions and issues of
THE SENTINEL on the following day(s):
December 11 and December 18 and December 25, 2011
COPY OF NOTICE OF PUBLICATION
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ther deposes that he/she is not
in the subject matter of the
iotice or advertisement, and that
ons in the foregoing statement as
ace and character of publication
ubscr' d before me this
?n
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Notary Public
expires:
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m2z x _ > LL TARIAL SEAL
bAiAdl ANN HECkENDORN
Notary Public
CARLISLE BOROUGH, CUMBERLAND CNTY
My Commission Expires Jan 27, 2014
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
December 23, 2011
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
ie Coyne, Editor
SWOPr?M AND SUBSCRIBED before me this
23 day of December. 2011
Notary
?Y
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Viz
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Involuntary Transfer
of a Utility Trailer Title
NO. 2011-7470 CIVIL TERM
TIMOTHY C. SHEAFFER,
Plaintiff
V.
BRANDYN TRAILER
MANUFACTURING,
Defendant
TO ELIGIBLE PERSONS AT A RE-
DUCED FEE OR NO FEE.
Cumberland County
Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
DAVID A. BARIC, ESQUIRE
BARIC SCHERER LLC
Attorneys for Plaintiff
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Dec. 23
Nature of Action: Involuntary
transfer of a utility trailer, serial no.
ID35200.
Hearing Date: Thursday, February
2, 201.2.at 10:30 a.m. in Courtroom
No. 2 of the Cumberland County
Courthouse, Carlisle, Cumberland
County, Pennsylvania 17013.
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if you
fail to do so the case may proceed
without you and a judgment may be
entered against you without further
notice for the relief requested by the
plaintiff. You may lose money or
property or other rights important
to you.
YOU SHOULD TAKE THIS PA-
PER 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES
TIMOTHY C. SHEAFFER
Plaintiff
V.
BRANDYN TRAILER
MANUFACTURING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011- 7470 CIVIL TERM
CIVIL ACTION-INVOLUNTARY TRANSFER
OF A UTILITY TRAILER TITLE
ORDER OF COURT
AND NOW, this 2nd day of February, 2012, after reasonable notice and an opportunity
for a hearing having been provided to all interested parties, the Court hereby awards ownership
of a utility trailer, serial no. ID35200 to the Plaintiff, Timothy C. Sheaffer, and the right, title and
interest of any other person to said utility trailer is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this Order of Court as evidence of
ownership in lieu of a Certificate of Title. Plaintiff 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 utility?aila?
-
-
,
roa ;
BY THE COURT, ?? M
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M.L. Ebert, Jr., J.
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TIMOTHY C. SHEAFFER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011- 7470 CIVIL TERM
V.
BRANDYN TRAILER
MANUFACTURING,
Defendant
CIVIL ACTION-INVOLUNTARY TRANSFER
OF A UTILITY TRAILER TITLE
ORDER OF COURT
AND NOW, this 2nd day of February, 2012, after reasonable notice and an opportunity
for a hearing having been provided to all interested parties, the Court hereby awards ownership
of a utility trailer, serial no. ID35200 to the Plaintiff, Timothy C. Sheaffer, and the right, title and
interest of any other person to said utility trailer is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this Order of Court as evidence of
ownership in lieu of a Certificate of Title. Plaintiff 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 utility trailer.
BY THE COURT,
WN\ -? ?j
M.L. Ebert, Jr., J.
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