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Home My WebLink About12-3802F.TILESTlients112943 Strub\12943.2 Abandoned Mobile Home\12943.2.pet. AbandonTitle.l.wpd Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES cxr 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF IN RE: 1995 THOR INDUSTRIES CUMBERLAND COUNTY, PENNSYLVANIA CHATEAU- 32-LV MOBILE HOME ?-- VIN NO. 4CH7HT728SM001163 NO. /? - 3 ?? ?r ?/ G ??o`? PETITION TO OBTAIN OWNERSHIP OF MOBILE HOME ABANDONED ON PRIVATE PROPERTY AND NOW comes Petitioner, Charles Strub, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER, and files this Petition to obtain ownership of a mobile home abandoned on his property, averring in support thereof as follows: Petitioner, Charles Strub ("Petitioner" or "Strub"), is an adult individual who owns and operates Dogwood Acres Campground, 4500 Enola Road, Newville, PA 17241. 2. Respondent, Crystal Menter ("Respondent" or "Menter"), is an adult individual who serves as Executrix to the Estate of Clark Reever and who resides at 223 Shippensburg Mobile Estates, Shippensburg, PA 17257. 3. Dogwood Acres Campground (the "Property") is private property whose owner leases or otherwise rents portions of the Property for use as campsite, trailer house lot, or other similar purposes. 5. On the Property, there sits a 1995 Thor Industries Chateau-32-LV Mobile Home, with a vehicle identification number of 4CH7HT728SM001163 ("Mobile Home") 6. The Mobile Home has remained on the Property of Petitioner without payment and without Petitioner's consent for approximately twenty one (21) months. 7. The Mobile Home has not been used or otherwise maintained for approximately twenty one (21) months. 0# l0 3.-rs?d A LL Zsv?F/ 8. Petitioner contacted the record owner of the vehicle, Clark Reever ("Reever"), on or about January 24, 2011. Reever refused or otherwise failed to make payment for the use of the Property or to remove the Mobile Home from the Property. 9. Petitioner obtained judgment from Magistrate Judge Paula Correal for the debts owed by Reever for nonpayment. The judgment is docketed at MJ-09201 -CV-00001 37-2011. 10. Reever refused or otherwise failed to make payment pursuant to the judgment. 11. Petitioner again contacted Reever in reference to the judgment, but no resolution could be met before Clark Reever's death on May 20, 2011. 12. On May 20, 2011, Reever died testate. 13. Petitioner has also contacted Crystal Menter, Executrix to the Estate of Clark Reever. 14. Menter agreed to sell the Mobile Home and use the proceeds to settle the Estate's debt to Petitioner. 15. Petitioner arranged to sell the Mobile Home in June of 2011, but was unable to finalize the transaction because Menter refused or otherwise failed to provide Petitioner with the title to the Mobile Home. 16. Upon information and belief, there is no lienholder on the Mobile Home. 17. Based on the above, Petitioner represents to this Court that the Mobile Home is abandoned as defined in 68 P.S. § 250.102. 18. Petitioner has made a good faith effort to locate all known parties of interest by searching records maintained by the Pennsylvania Department of State, the Department of Transportation. A search conducted by Sollenberger's Messenger Service, Inc., a copy of which is attached to this petition as Exhibit A, revealed that the Mobile Home was paid for in full at the time of purchase by Reever and his deceased wife, Ruth Reever. Both title-holders are now deceased, Ruth Reever having predeceased her husband. Therefore, Petitioner avers that all parties having an interest in the Mobile Home have been named herein or, in the alternative, cannot be identified. 19. Title to personal property may be lost by abandonment, and this Court has authority to award ownership and title to the owner of the real estate upon which the abandoned personal property sits. See Calhoon v. Neely, 201 Pa. 97, 50 A. 967 (Pa. 1902); See also, Disposal of Abandoned Vehicles from Private Property, publication/form issued by the Bureau of Motor Vehicles - Research and Support Operations Section, PennDOT (October 2006). 20. Due to the fact that the parties in interest do not appear to contest the relief sought by this Petition, it is expected that the Respondent will not file a response hereto. WHEREFORE, Petitioner requests that this Honorable Court enter the Order attached hereto, thereby awarding ownership of the Mobile Home, having a VIN number of 4CH7HT728SM001163, to Petitioner and extinguishing the right, title and interest of any other person to said Mobile Home. Dated: o 1 MARTSON LAW OFFICES (2'e'l By: Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner EXHIBIT A PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 6/11/12 09:54 PAGE 1 OWNER CLARK D 8 RUTH Y REEVER 223 SHIPPENSBURG RD SHIPPENSBURG PA 17257 121630272000040 002 LESSEE NONE TITLE NUMBER 47668550 TAG NUMBER XK49178 VIN 4CH7HT728SM001163 MAKE CHATEAU MODEL RENEWAL WID 052001014000167 001 PREVIOUS TAG TF38529 LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 TITLE DATE : 09/21/94 REGISTRATION EXPIRY DATE: 06/06 BODY TYPE TRL ODOMETER READING * *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1995 STOLEN DATE INFORMATION: (8:00 AM TO 5:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US VERIFICATION I, Charles Strub, certify the foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the action. The language of this Petition is that of counsel and not my own. I have read the document and to the extent the Petition is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. C" '?U Charles Strub CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition was sent this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Crystal Menter 223 Shippensburg Mobile Estates Shippensburg, PA 17257 MARTSON LAW OFFICES 1 By: M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: : IN THE COURT OF COMMON PLEAS OF IN RE: 1995 THOR INDUSTRIES : CUMBERLAND COUNTY, PENNSYLVANIA CHATEAU- 32-LV MOBILE HOME VIN NO. 4CH7HT728SM001163 :NO. 12-3802 RULE TO SHOW CAUSE Jday ? AND NOW, thisof'_ 2012, upon consideration of Charles Strub and Lucille Strub's Petition to Obtain Ownership of Mobile Home Abandoned on Private Property, it is hereby ORDERED that: (1) A rule is issued upon the Respondent to show cause why the moving party is not entitled to the relief requested; and (2) Unless Respondent files an answer to the Petition within twenty (20) days of the date of service, Petitioners may file a subsequent petition to make this Rule absolute. Distribute to: Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorneys for Petitioners c/ Crystal Menter 223 Shippensburg Mobile Estates Shippensburg, PA 17257 Respondent 00e P r? _ C'7 -4 N N N %D L] r.• BY THE COURT, F:\F1LES\C1ientsU2943 Stmb112943.2 Abandoned Mobile Home\12943.2.petition.rule absolute l µ TP n Christopher E. Rice, Esquire .i I.D. No. 90916 JUL 25 PH 12. 23 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL BELAtU t ! MARTSON LAW OFFICES J? j 10 East High Street ' ENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF IN RE: 1995 THOR INDUSTRIES CUMBERLAND COUNTY, PENNSYLVAI CHATEAU-- 32-LV MOBILE HOME VIN NO. 4CH7HT728SM001163 NO. 12-3802 PETITION TO MAKE RULE ABSOLUTE AND NOW come Petitioners, Charles Strub and Lucille Strub, by and through attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER, and file Petition to Make Rule Absolute. 1. Petitioners, Charles Strub and Lucille Strub ("Petitioners"), are adult individuals own and operate Dogwood Acres Campground, 4500 Enola Road, Newville, PA 17241. 2. Respondent, Crystal Menter ("Respondent"), is an adult individual who serves Executrix to the Estate of Clark Reever and who resides at 223 Shippensburg Mobile Shippensburg, PA 17257. 3. In response to a Petition to Obtain Ownership of Mobile Home Abandoned on Pri Property filed by the Petitioners on June 27, 2012, the Honorable Albert H. Masland issued a to Show Cause on June 28, 2012, requiring Respondent to show cause why the Petitioners are entitled to the relief requested. 4. A copy of the Rule was mailed to the Respondent on June 29, 2012, by the Cou 5. On July 9, 2012, Petitioner's counsel mailed a copy of the Petition and Rule Respondent by both certified and first class mail to the address as listed by Respondent in Register of Wills' Office. The letters were returned and Respondent has failed to take any fur action in regard to the administration of the Estate of Clark Reever. 6. Respondent has failed to respond to the Rule. WHEREFORE, Petitioners request that the Rule issued by Judge Masland be made absoli that the Petitioners are awarded ownership of the Mobile Home, having a VIN number of 4CH7HT728SM00116, and that the right, title and interest of any other person to said Mobile Ho e. Is hereby extinguished. Dated: MARTSON LAW OFFICES By: (21e x f /L-- Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a co] the foregoing Petition was sent this date by depositing same in the Post Office at Carlisle, PA, class mail, postage prepaid, addressed as follows: Crystal Menter 223 Shippensburg Mobile Estates Shippensburg, PA 17257 MARTSON LAW OFFICES By: 77 , G), M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 of Dated: ?? 5 ? /o?/ IN RE: 1995 THOR INDUSTRIES CHATEAU- 32-LV MOBILE HOME VIN NO. 4CH7HT728SM001163 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3802 ORDER AND NOW, this ? ay of July, 2012, upon consideration of Petitioners' Petition to Make Rule Absolute, and notice given to Respondent, it is hereby ORDERED that the 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 Department of Transportation in order to receive the appropriate certificate of title for said vehicle. By the Court, 414111?? J. == . Distribution: t , V Christopher E. Rice, Esquire c Z --' _ ? Ms. Crystal Menter Cb re ,W -7/ 3111 ??- _ :_ CD