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HomeMy WebLinkAbout12-6688JOHN D. WALTER, . Plaintiff/Petitioner VS. IIV THE COURT OF COMMON PLEAS OF CUMBERLAND COLTNTY, PENNSYLVANIA 12 - ,`. (~Y~CIVIL ACTION ~; THOMAS H . LI:EBRUM, `-"~ C Defendant/Respondent INVOLUNTARY TRANSFER OF `~~EN rn ~ r~ ~ r ~ Tp W [- ~' ~' ~ You have been sued in court. If you wish to defend" against the claims set fortr: in the following pages, you..~nu~ take action within twenty ~2i1) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing ire wx~itinq with the court your defenses or objections to the elaims~ set forth against you. You are warned that if you fail to do so the case may proceed without yca~.z and a judgment may be entered against. you by t_rie court without further notice for any money claimed. in the c-.omplai-nt or for any other claim or. relief requested by the plaintiff. You may lose money or property or other rights important t.o you. YUU 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 BELO?~l TO T'IND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32. SOUTH BEDFORD STREET CARLISLE, PENNSYi~,VANIA 17013 ? 1-7 ~ 2~9-~? ~6 Date: October 3~ , 2012 BY:_ ~Z~~_ `~" Ar:drew C.~~h~:e1y, Esquire °R, f.t). NU, 5269 t 2 ` U' . i'~arke'~ a~treet: L~1!~~11Gn'~: S~u la~~~3 PL'1 1 t'J .J~ ALt.:.r ne.}, i~r 1'i a ir.tif.f ~Petitin;~er ~i ~v~. _.. r..- ~u~ .-iJ r• ~~ ~: c.r .~ ''~;ci ..:,,_ ~~ ,~~:5. 75 ~ ~- r '°'`' yCC1 Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 12? S. l~iarket Street P.^. Bo:~ 95 Mechanicsburq, PA "_7055 PA 1~ NO. 6:.'469 ?i7-o9?--'i05U (Phone "]17-697-7065 (Faxj andrewc.~heely@veri.zon.net JOHN D. WALTER, PlaintiffJPetitione:r VS . THOMAS H. L'II~BRTJi~l, De f erYdant /Re sporden'+.: :its THE COIJRT OF COMMON P1~EAS OF C:I1y'~BER.LAND COUNTY, PENNSYLVANIA '' `~ %~~ rl~,%IL ACTION ~" (~. :-:~~ ~ti~~~.;tj'Yi~zT:.;' T~c[a.~3aFER sDF ~CITLE PLAINTIFF " S PE`I~I~~IO~ ad'~:i~~ :~~`y C~~.~UNTA.RY TRANSFER OF OWNERSHIP ~7E~~xOI~~~~ ~l~2ANUF~-GTURED HOME~~~ 6~ ~~6J ~wr3~ O~tDE~. John D. Walter, Pla:int_i.f::T=°=,~~.}laner, by anal through counsel of Andrew C . Sti:=e 7.. ,- , i~'::-,:.~:~ i.3_ c , :'ire?reby il.es this Petition far Iz~voluntar~~~ `1'r'a:; "~;_ ~};~ ;",~,°~e~ sh~•-p of a :-manufactured home by ~;ot:~,.~. Dr.c?c~r ar,cordanie with procedure4 required by the Per~ns-y.lYra;.:~.~x vepart~mF~sa~- o~~ T_r°ansportati.on, respectfully states a.s .~o=~~!,:~b;-: 1. Platnt.ltf.oPa_tJ.tl~:;nf~::' ,. ... ~.1'~)ii1-! ..1. 7/+Ic3.~.t~r, c?n adult: individual wi.t~i Gn add:r~~ss ;.;f X05 Ca.rl~s7-e Road, Newvi.i.le, Cumberland County, Penn.syl~.=a;i~.a, ? x'241. 2 . Defendant; Respondei~lt =.:y ~i''nomas h. Li.ebrum with a last known address of 142 C;~nodc~:~u.nc:t i~?odi_,.e tistates, Newvi.l.le, Pennsylvania, Cumberland ~,o,z~:~:.~~, Pena:, i lvania, ? 7241 as listed on a title 3657566020?. :~1 is~ec3 ray ti.e Penz~syl.vania Department of Transportatic~r.. ?~ .copy of the rifle is <~ttached beret:o as Exhibit "A" . 3. Plaint:iff/Petitioner is ai:~ owner of a manufactured home community known as Conodogouinet Mobile Estates located. i.n Newvi_l.le, Cumberland County, Pennsylvania. 9:. For a period in excess of 12 months, a 1984 Redman manufactured home, VIN 12214917 has been abandoned on Plaint.iff's property located i:~ Cumberland County, Pennsylvania. 5. Efforts by PlaintiffiPetitioner to locate the owner of the manufactured home have been unsuccessful as the home has been abandoned for at least twelve (12~ months and correspondence sent to the ac~.dress has not been answered. 6. Plaintiff/Petitioner desires to obtain title to the above-described manufactured A~omr-:~ so as to allow Plaintiff/Pet:itioner to move tl~ae Nome or secure a title to the manufactured home to avoid fur+.:her loss of lot rents, :,forage costs, delays, other charges while also eliminating safety issues. 7. The vacant manufactured ~-zo:ne constitutes an attractive nuisance and creates liability iss~ies within the manufactured community. 8. Plaintiff is incur.r..~ng lost ?.o.. rents each month in an amount of at least $219. CC; as ,~ resj.;lt of the abandoned manufactured home. 9. Defendant is directly benefiting from storing the manufactured home on Plaintiff's property without paying lawful rent. Count 1. Plaintiff vs. Thomas H. Liebrum 10. Paragraphs 1 - 9 are incorporated herein as if: set forth at length. ll. In order to obtain title to the above-described. mobile home, Plaintiff/Petitioner is required to commence the instant action, obtain a hearing date, attempt to communicate the hearing date to Defendant/Respondent. Liebrum by certified mail and/or public notice, and obtain an Order of Court following the hearing, all in accordance with rules and regulati~ans promulgated by the Pennsylvania Department of: Transportation. The ]?ennsylvania Department of Transportation requirements are attar_hed hereto as Exhibit "B". .12. No Judge has been assigned to this case. WHEREFORE, Plainti_f_f/Petitioner, John D. Walter, respectfully requests ghat this Honorable Court: (:I) Schedule a hearing date at least sixty (60) days after receipt of the instant action so as to allow P:Lai:ntiff/Petitioner to properly complete a1:1 required notice provisions for advertisement to Defendant; and (2) After such hearing, enter an Order o.f Court indicating that the Commonwealth of Pennsylvania, Department of Transportation may accept the Order of Court as evidence o:E 5 - - ownership in lieu of a uer.t~_fr:~.~te of Title. provided Plaintiff/Pet:itioner submits al~. forms, taxes and fees in order. to receive the appropriate certificate of title i=or said mobile home. (31 Any other relief deemed just and equitable, including arr award of damages it the amount of $?,600.00 for lost. lot rent:> and costs of this action. Respectfully submitted, Date: October 26, 2012 JL~~~~`"' ~ -- Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner, John 1~. Walter 127 South. Market Street F.O. Box 95 Mechanicsburg, PA 17055 717-697-'?J50 VERIFICPiTION I verify that the st.a~nments ~;.:~~~e in th:is Petition are true and correct. I understar_d tha. unsworn statements herein are made subject to the penalties of 18 Pa. C.S.,A. Section 4904,, relating to unsworn falsification to authorities. DATE : DC'i ~ ZCp 2 ()1 ~ .~.-- ~n D. Walter f ~~ ~~ Exhab~~. „A,,= CERTIFICATE OF TITLE FCR A VEHtCLE~ L~ f O " 873 17~325'~9'~~DtT1?Z9-~©1 1,2 214 917 IEH~Q."c '.DENTIF!C0.TION NUMBER ~}~ ~/3,9J'L~~! ! 1~113/~7 DATE ? ~ ,_ciD ?.?E OF ISS'uc '"~iJf:'.EiER STATU o .ACTUAL MiI.F:AGE ~ t :MILEAGE EXI:E EDS. THE RiECH?LAICAL LMITS 12 =NOT ~ HE ACTUAL MILEAGE ~ s . NOT THE ACTUAL MILEAGE-ODOMETER /'~ {'~y T }~ }'~ y T s p j LJ~U7-[~ l~~ ~~SL~L1S~~~ ~/~~( ~~--: ~~~C7tq~ LQ~ -Ar'dPER'~NG VERIFIED t.=ExE`I:oT FROM ODOMETER DIS.^,LOSURE REGISTERED D'NNER(S; .. TI E BRANDS I A - AN 'OUE ~ EH10.E ~,y y `~ ~y 3Ht1~td5 ~ ~ j~~~U£? "' ,~~~,~ ~' ~'' ~ If C:ASSC E ICLE D COLLECt eLE VEHlCLF ?y; 1~~ ~ • ~ ~~ ~ T ~. ~T~~ y 4 = AaRIC'JL`U RA_ VEH'i.LE -: LOGGINCI VEHICLE P = iS~WAS A POLICE VEHICLE R - RECONS?RUCTED S ~ STREET ROD T = REC,OVEAED THEFT VEHICLE V `/EHICLE CONTAINS REISSL'EC V!N w - FOOD VEHtCIE FIRST LIEN FAVOR DF SEPCOND L7EP; FAVOR OF. X = rS:wAS a -Axl _.__._ f I NANO I AL TRUSS ~DN ~ At+IY r~ yl ~~{ '/ ~ '3(~(~`q E~ ll.., ct ii a seCCnC !iennoidaf ~S Irsted JpOr. Satisfaction OI ine firs; :'~,en, the I:rsl .~[j lier~helder roust forwartl ihls Titie to me Bureau of Mo:o~ `i=niclas wrlh the FIHST LIEN RELEASED„~_ apProprlate form acC fee. DATE / ~ ~ ~ ~~ / ~ ev-:a ..L ~ `~' AUTHORIZED REPRESFNTA:. SE:COND LIEN RELEASEi~ _ _ __ __ ' ~ _ MAIIWG ADDFESS '~ DA-~ J AU-'r'OAIZEC REPRESENTATIt'E f INANGIA~. TRUST CQMlP~1 NY A TTN, {Jflt/C1]L , a Q. R to ,kr" ~ 1=flUNTAIM Pl.ALA,4TN -r~rlc T, ~ ~ ~~", : ~ BtlfFALD NY 1423 ~21'[t1~~Cfiit°~~~' ti , ;', ' L. t ; . ; .; Oi t~~ ttiv,ly`u S S SUGCB ~ll k~,~ j ~ , ~:> ~ ( ~1 L"i ~/L ~ r~ y ~ ~l~k l `.~ 1. i^`a m;e u; Usue. ~tiu u. ua mcurae o me :'erlsylvania Daparmer,[ M of Transportation reflect that .he ,nersen(s/ or tompary namea herein s thr ,awful owner of thesaitl vehrde. __. ... Seerett+rgof Transportation SUBSCRIBED AND SWORN TO BEFORE ME: s If a eo-purchaser other than your spouse is fisted and you want the £itle to be fisted as "Joint Tenants With Right of Survivorship" (On death of one _; owner, title goes to surviving owner.) CHECK HERE ^. OthenMSe, the title ' will be issued as "Tenants inCommon" (tJn deatr Df orte owner, interest of ' deceased owner goes iD 'tis/her heirs or estate;. _ __ tST JEN DA c -~ ,F i~C L'.E\, CI-'~ECF. tST LIENHOLDER - Sl"BEET -.-__.__-_..__ __ __."_-~_ " I CITV ~ I S?ATE ZIP ;~ FINANC3AL INST!, U?ION NU!+16EP, ~ i 2N0 LIEN DA7E: . a Kn ~ . : ,.$ .1 .... ~_ - ,;nypr.~y .:C .er5ry ma r 3pp^eiAiin ~: n:fce': '. ~.. !r. ~er.:ci.. ..eafi.,e, .,r. -.-:C~2' ... .t.-~hr4rK~6 ar1E ot~.pt ....rt9 ;a: r~ ~t i 2ND Li£NHOLDEF i1GNATURE OF ir'PL~AI.Y OR AJTHG3IZED $fGYEft IF NO JEN. CHECK I CFr~ Y i?AtE -'"~_-ZIP , S:GNAIl:RE OF G6A?FLICANTRrtLE Oi AuTHOR12E0 SIGNER i FINANCIAL INSTITUTION NUMBER I,~l$~i RFDi~A!V j 36'5756~.C12~12 ~ i YEAR i.!AKE C~:EHICLE".. ":-. N.;MRER ~~~~~~~ ~X~~~~' ~ PRIOP 71Tt. ~ ~ ~ -~.. ,. ~ .~ '. r-,DC~M MMES ,;~Jr r.. ~~. UtJLADEN WEIGF? ! ~~...-. 3C's!R - - _ E?F'~ANDS <~ ~~ _/ F~:r::i.~~.%, ,f- FACT SHEET Involuntary Transfer of Ownership of a Vehicle by Court Order PURPOSE PENNDOT 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 ii: is impossible to transfer ownership of a vehicle by i:he 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. THE DEPARTMENT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES 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 <~ttempting 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 follawing~ ,'I j A specific description of the vehicle (Le., year, make, model and VIN); (?) 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 FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. October 2006 -over - Bureau of Motor Vehicles -Research and Support Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit us at www.dmv.state.pa.us 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) R. 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 j The time, dlate 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. the Department may issue a Certificate of Title to tt~e person named in the court order upon receipt of the following: {' A certified copy of the court order entered declaring the individual owner of the vehicle; (~') Form MV-1 'Application for Certificate of Ttle," and check or money order payable to the Commonwealth of Pennsylvania. {,3;i 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 Cepartment-approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Boak, The Black Book Official Used Car Guide. American Used C;ar Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORDER AND NOW, this day of 20 ,after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one [year], [make], [model], bearing vehicle identification number _ to [name of applicant], 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 ~dehicle. BY THE COURT: Judge JOHN D. WALTER, Plaintiff v. THOMAS H. LIEBRUM, Defendant ~~ ~~ 1N THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-06688 CIVIL TERM INVOLUNTARY TRANSFER OF TITLE IN RE: PLAINTIFF'S PET{TION FOR INVOLUNTARY TRANSFER OF OWNERSHIP VEHICLE (MANUFACTURED HOME) BY COURT ORDER ORDER OF COURT AND NOW, this 15th day of November 2012, upon consideration ofi Plaintiff s Petition for Involuntary Transfer of Ownership Vehicle (Manufactured Home) by Court Order, a HEARING on the issue of ownership of the vehicle in question is scheduled for 3 January 2013 at 11:00 a.m. in Courtroom Number Six, Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner is directed to serve the petition upon Respondent, any lienholder, and any other interested person in accordance with the Pennsylvania Rules of Civil Procedure and to serve notice of the hearing upon Respondent and any lienholders and all other interested persons by certified mail, addressee only, returns receipt requested. If said notice is unclaimed, Plaintiff shall advertise such notice in accordance with Pennsylvania Department of Transportation rules and regulations. The notice of hearing must include the following: (1) a specific description of the trailer; (2) the name of the court where this action has been filed; and (3) the time, date, and place of the above scheduled court proceeding. if Petitioner is unaware of the identity of such interested persons, Petitioner may fill out a Request for Vehicle Information available through the Pennsylvania Department of Transportation to obtain the information. In the event that Petitioner is unable to serve Respondent, lienholders, and any other interested persons, Petitioner must provide notice upon Respondent, lienholders, and other interested persons by publication, once in the Cumberland Law Journal and once per week for three consecutive weeks in a newspaper of general circulation where any person known to claim an interest in the trailer may be located. The notice of hearing by publication must include the following: (1) a specific description of the trailer; (2) the name of the court where this action has been filed; and (3) the time, date, and place of the above scheduled court proceeding. Proof of service must be filed with the Cumberland County Prothonotary prior to the above-scheduled hearing. Distribution List: / Andrew C. Sheely, Esq. P.O. Box 95 Mechanicsburg, PA 17055 / Thomas H. Liebrum 142 Conodoguinet Mobile Estates Newville, PA 17241 ~p;~s ~w.~~{~ ~cl~s'fia BY THE COURT, Thomas lacey C.P.J. 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