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Home My WebLink About12-2939IN RE DAVID J. HEASTER AND DIANNE L. HEASTER, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12- 2q3? C???G "70 ACTION FOR DECLARATORY JUDGMENT PETITION FOR DECLARATORY JUDGMENT NOW COME the Petitioners, David L. Heaster and Dianne L. Heaster, by and through their Attorney, Andrew H. Shaw, and file the instant Action for Declaratory Judgment, and in support thereof state as follows: 1. Petitioners are adult individuals residing at 1466 Pine Road, Penn Township, Cumberland County, Pennsylvania. 2. This action is being brought pursuant to the Declaratory Judgment Act, 42 Pa.C.S. § 7531 et seq., to determine Plaintiffs' rights to the claim of title for a manufactured home with a Vehicle Identification Number (VIN) of D2100758NAB. 3. On or about March 31, 2001, Plaintiffs purchased a manufactured home through Bonnie Heights Homes, Inc. A copy of the Purchase Agreement is attached hereto and incorporated by reference as Exhibit A. 4. The manufacturer of the manufactured home was Skyline Homes. 5. Skyline Homes has no record of producing an original Certificate of Origin at the time of the initial transaction, and has now indicated that it is unable to produce a duplicate Certificate of Origin because too much time has passed. A copy of a letter from Skyline Homes is attached hereto and incorporated by reference as Exhibit B. 6. The manufactured home was made by Skyline Homes, and was 2001 model Woodfield Limited A206CT. See Exhibit B for more details. 7. Petitioners obtained financing through Yorktown Funding, Inc. for the initial purchase of the manufactured home. /03. ?s 14. : m n C"i :r"-^ C: N 8. However, Yorktown Funding, Inc. has no record of a Certificate of Origin, and is unable to produce the same. A copy of a letter from Yorktown Funding, Inc. is attached hereto and incorporated by reference as Exhibit C. 9. Petitioners have contacted the Pennsylvania Department of Transportation regarding obtaining a Certificate of Title, but the Department has no information regarding the relevant VIN. A copy of a letter from Pennsylvania Department of Transportation is attached hereto and incorporated by reference as Exhibit D. 10. Petitioners are now attempting to sell the manufactured home and the real estate upon which the home is located. 11. Petitioners are unable to provide to the Buyer the required Certificate of Title, or proof that the Title to the manufactured home was retired. 12. Petitioners will be unable to sell the manufactured home and real estate without obtaining a Certificate of Title. 13. There are no other parties of interest other than those identified above, all of whom have indicated that each has no record of the Certificate of Origin or the Certificate of Title. 14. None of the aforementioned parties of interest are in a position to produce a Certificate of Origin or Certificate of Title. WHEREFORE, Petitioners request this Honorable Court award ownership of the manufactured home to Petitioners, thereby extinguishing any right, title or interest to any other person. % Date:A", Respectfully submitte By: J Andrew H. Shaw, Esquire PA Supreme Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Petitioners VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Date: s//,// easter r Dianne L. Heaster ?•+v... ?•++? ++•:+. +ru+ i?tu VaIVLVYV ?7riYL11YL" 1YU14L'J '??LiNEO May 3, 2012 TO: Whom It May Concern FROM: Cindy Scheid / Skyline Homes e )v-? Administrative Assistant SUBJECT: Serial Number D210-0758NBA t?,]t 002 Homette Corporation 99 Horseshoe Road P.Q. Box 220 Leola, Pennsylvania, 17540-0220 717-656-2071 Skyline Corporation and its affiliate, Homette Corporation, no longer have the records to the above-referenced manufactured home, so we are unable to provide a manufacturer's certificate of origin. We are not required to keep records after seven years. Here is the information we do have in relation to this home that would have been on the data sheet and manufacturer's certificate of origin: OUR SERIAL /VIN NUMBER: D210-0758NBA 52x28 (Double wide) MODEL YEAR: Mfg. May 24, 2001 / 2001 Model MODEL NAME: Woodfield Limited A206CT, 3 bedrooms PRODUCTION NUMBERS: 7233 / 7234 HUD NUMBERS: ULI-522093 / 522094 PLANT: Skyline (Homette Corp) / Plant 40553 465 North Reading Road Ephrata, PA 17522 DEALER SOLD TO: Bonnie Heights Homes Carlisle, PA We are sorry that we could not be of further assistance. We suggest you contact your state Department of Motor Vehicles to determine how to proceed if you need a title. BRINGING AMERICA HOME. BRINGING AMERICA FUN. EXHIBIT ,.r ; V 4 ° tCHASE IN THIS CONTRACT, "BUYER" REFERS TO THE PERSON(S) SNk IS NAME APPEARS BELOW. "SELLER" REFERS TO SUBJECT TO THE TERM AND GONOTTIMS, ON BOTH SIDES OF THIS PURCHASE AGREEMENT, SELLES AGREES TO. SELL AND BUYER AGFIEF.S TO PURCHASE THE FOLLOW M "UNIT" V*4CH MEANS THE P OBILOMAN'UFACTURED HOM AND ANY ITEM OR A14Y CONI iRAT" OF I Eta UESC RRED . BUYER(S) PHONE S 'ER50N s ADDRESS ALESI P DELIVERY ADDRESS PtAKE & MO{JEL YEAR RD. ROOMSI FLOOR SIZE HITCH SIZ STO(',, N], 13:R h - -- '? s#v4 . f, ' SERIAL NUMIDER COLOR ?r PROPOSED DELIVERY DAI F f KEY I ff..' s Fj NEW Q USED Y- i M/1- OPTIONAL EQUIPMENT, LABOR AND ACCESSORIES ? BASE PRICE OF UNIT ? FEE- OPTIONAL EGUi rn NT _ - - j ? . -? - sue-TOTAL . x ? f ( z z 4 , w .r SALES TAX l,w ?. 1 NON-TAXABLE ITEMS VARIOUS FEES AND INSURANCE t CR5Fi PURCHASE PRICE $ .f .e _ TRADE INALUDWA'd E x g: 1 a T s a L?SS BAL L IE on at`ove / NETALLOUVANCE } t - - - - ? z 1 ,ASH t)44VYd PAYPy^EraT w, CASHAS4GRECDsI 4tvpi;NC 1 LESS TOTAL, CREDITS _ -- „ SUB-_10TA,L SALES TALC (if Not Inc'aded Above) 3. Unpaid Batance of Cash Sate: Price ? REMARKS: b { i It I r ? .•, } ° , x ? M;,'j s °? a ,r. _ r_. L i BALANCE CARRIED TO OPTfCNAL E6U,PMEM r i3ESE RIPTION O TTRADEIN - - YEAR YS2E VA.KE MODEL BEDROOMS t:TLE NO.... _ SERIAL NQ r , a - CokOR - WOUNT OWING TO WHOM BUYER D SELLER WILL PAY THE DEBT O`YVED ON THE TRAI7E III. mommEw ? BUYEf;jSLA--CAN WLEt2 E R CEIPT,£)F.A Q?_Q_ jk_ _ OR0ESt ANfl 7}?AT_EMERLS]LBA ETFl Ala AIf47 t1DER T?tJGi_7N S?CI4CJF THi$-A?,ftE Pl N7,. Sita? I?X t AL SE r' d?'JrtessSign da dArcFUradbyantJlfrerottEreGanpany EXHIBIT NED?EO , AL SLOUAITY NO, / ? A ALAfN LANGUA13E PURCHASE AGREEMEW Rev G ()CI'SiT QA 1 3 i r?„y' 7Fit "-'.'1983 jFNK.'NS H!_ f Ns>S }'ONUS MASC6UTAH_ r. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 5/05/12 11:10 DAVID J 8 DIANNE L HEASTER 1466 PINE ROAD CARLISLE PA 17015-0000 Dear Customer: 121261398000029 001 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. VIN : D2100758NAB If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 IN STATE OUT-OF-STATE TDD IN STATE F-STATE EXHIBIT tate.pa.us AM TO 5:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 Fl]NDING' INC. May 9, 2012 To: Prudential Homesale Service Group Carlisle, PA 17015 Ref: Certificate of Origin for Manufactured Home Serial # D210-0758NBA To whom it may concern, Please be advised that Yorktown Funding, Inc. financed a loan for David J. and Dianne L. Heaster in 2001. Due to the age of the loan, Yorktown Funding, Inc. no longer has the original loan file. Therefore, we are unable to provide the Certificate of Origin. If you should have any questions or require additional information, please feel free to contact my office. Account Recovery Yorktown Funding, Inc. Ph: 800-545-0221 ext. 1012 Fax: 717-731-1460 1104 Fernwood Avenue, Suite 101 Camp Hill, PA 17011 800-545-0221 fax 800-545-5466 EXHIBIT IN RE DAVID J. HEASTER AND DIANNE L. HEASTER, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ACTION FOR DECLARATORY JUDGMENT ORDER AND NOW, this 45"' day of May, 2012, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 2001 Skyline Woodfield Limited A206CT, bearing vehicle identification number D2100758NAB to David L. Heaster and Dianne L. Heaster, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a 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. By: Distribut' : Andrew H. Shaw, attorney for David and A/1 n -v ?r C< 3> r -0-- CD )' C"i N cn cy 1 -r -10M C) "--1 Ct ;f