HomeMy WebLinkAbout05-1951
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ROBERT E. GOODLING,
plaintiff/Petitioner
IN THE COURT OF COMMON PLE S OF
CUMBERLAND COUNTY, PENNSYL NIA
VS.
05-{'151
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TAMIKA T. AINSWORTH,
Defendant/Respondent
CIVIL ACTION - INVOI,UWrARY
TRANSFER OF MOTOR VEHICLE ITLE
NOT ICE
You have been sued in court. If you wish to defend agairst
the claims set forth in the following pages, you must take ac ion
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by att
and filing in writing with the court your defenses or objectio
to the claims set forth against you. You are warned that if y
fail to do so the case may proceed without you and a judgment ay
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relie
requested by the plaintiff. You may lose money or property or
other rights important to you.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. It}yO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON~_THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGNl'HEL
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Date: APRIL I~ 2005
BY
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Andrew C. Sheely, Esqui e
PA. LD. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
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ROBERT E. GOODLING,
plaintiff/petitioner
IN THE COURT OF COMMON PLE S OF
CUMBERLAND COUNTY, PENNSYL ANIA
VS.
05 -
TAMIKA T. AINSWORTH,
Defendant/Respondent
:
CIVIL ACTION - INVOLUWrARY
TRANSFER OF MOTOR VEHICLE .ITLE
PLAINTIFF'S PETITION FOR INVOLUNTARX TRANSFER OF OWNE SHIP
VEHICLE Bi COURT ORDER
Robert E. Goodling, Plaintiff/petitioner, by and thr8ugh
counsel of Andrew C. Sheely, Esquire, hereby files this Petit on
for Involuntary Transfer of ownership of a manufactured home y
Court Order in accordance with procedures required by the
pennsylvania Department of Transportation, respectfully statin as
follows:
1. plaintiff/Petitioner is Robert E. Goodling, an adult
individual with an address of 258 W. Baltimore Street, CarlisI
Cumberland county, Pennsylvania;' 17013.
2. Defendant/Respondent Tamika T. Ainsworth is believed 0
be an adult individual with a last known address of 501 Windy ill
Road, Lot 71, Shermans Dale, Pennsylvania, 17090.
3. Plaintiff is an owner of a mobile home park known as
Orchard Hills MHP located in Perry County, pennsylvania.
4. For the past several months, a 1989 Brigadier manufactu ed
home, Title Number 42515415, Vin Number K33595 has been abandon d
on Plaintiff's manufactured home park located in the manuEactur d
home cornrnunityknownas'Orchard'Hills.
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5. On or about March 24, 2005, counsel for Plaintiff
conducted a vehicle record search at the Pennsylvania Depart ent
of Transportation to determine the owner of the above-deseri ed
mobile home for the purpose of contacting the owner to have uch
person remove the mobile home from Plaintiff's mobile how~ pa_k.
6. A vehicle record abstract provided by the Pennsylvani
Department of Transportation, a copy of which is attached her to
as Exhibit "A", indicates that the owner of the mobile home i
Defendant/Respondent Tamika T. Ainsworth, with an address of _01
Windy Hill Road, Lot 71, Shermans Dale, pennsylvania, 17090.
7. On or about April 11, 2005, counsel for Plaintiff dir cted
a letter to the address of Defendant/Respondent for the purpos of
contacting Defendant/Respondent to advise him to remove said
mobile home from Plaintiff's premises. A copy of the letter l
attached hereto as Exhibit "B".
8. No response was received to the letter directed to
Defendant on or about April 11, 2005.
9. The abandoned mobile home has caused Plaintiff to inc r
lot rents and moving the manufactured home to a separate locati n
will cause Plaintiff to incur unnecessary moving and stoulge
costs.
10. Plaintiff desires to obtain title to the above-describ d
mobile home so as to allow Plaintiff to remove the mobile home
from the premises without further lost lot rents, storage cosles,
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delays, other charges while also eliminating safety issues.
11. In order to obtain title to the above-described mob le
home, Plaintiff is required to commence the instant action,
a hearing date, attempt to communicate the hearing date to
Defendant/Respondent by certified mail and/or public notice,
obtain an Order of Court following the hearing, all in accord nce
with rules and regulations promulgated by the pennsylvania
Department of Transportation. A copy of the requirements iss ed
by the pennsylvania Department of Transportation are attached
hereto as Exhibit "C".
WHEREFORE, Plaintiff/PeUtioner, Robert E. Goodling
respectfully requests that this Honorable Court:
(1) Schedule a hearing date at least sixty (60) days afte
receipt of the instant action so as to allow plaintiff, Carlis e
Pike Associates, to properly complete all required notice
provisions for advertisement to Defendant/Respondent; and
(2) After such hearing, enter an Order of Court indicatin
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 manufactu ed
home.
(3) Any other relief deemed just and equitable.
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Date: April 1"3 , 2005
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Respectfully submitted,
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Andrew C. Sheely, Esquire
Attorney for Plaintiff,
Robert E. Goodling
127 S. Market Street, P.O Box 95
Mechanicsburg, PA 17055
717-697-7050
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VERIFICATION
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I verify that the statements made in this Complaint ar true and
correct.
r understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, re ating to
unsworn falsification to authorities.
DATE: April
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Robert E. Goo ling r
, 2005
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EXHIBIT "Au
PENNSYLVANIA DEPARTMENT Of TRANSPORTATION .~t'
VEHICLE RECORD ABSTRACT
3/24/05
PAGE 1
050831167000078 003
TITLE DATE 12/14/8
REGISTRATION EXPIRY DATE,
BODY TYPE MH
ODOMETER READING *
*EXEMPT BY fED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1989
STOLEN DATE
OWNER
TAMIKA T AINSWORTH
501 WINDY HILL RD LOT
71
SHERMANS DALE PA 17090
LESSEE
NONE
TITLE NUMBER
TAG NUMBER
VIN
42515415
K33595
MAKE
MODEL
RENEWAL WID
PREVIOUS TAG
LI ENS
STOPS
BRIGADIER
NO
NO
TITLE BRAND INfORMATION
NO TITLE BRANDS EXIST fOR THIS TITLE
LIEN INfORMATION
NO LIENS EXIST fOR THIS T~TLE
ADDRESS CORRESPONDENCE TO,
DEPARTMENT Of TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INfORMATION, (7,00
IN STATE
OUT-Of-STATE
TDD IN STATE
TDD OUT-Of-STATE
WWW.DOT.STATE.PA.US
AM TO 9,00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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EXHIBIT "B"
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April 11, 2005
Tamika 1. Ainsworth
501 Windy Hill Road
Lot 71
Shermans Dale, PA 17090
RE 1989 Brigadier Manufactured Hom
Title Number 42515415
. \fIN K33595
Dear Ms Ainsworth:
Please be advised that the above-referenced manufactured home has be n
abandoned for some time and located on the property of my client, Orcharej Hills
Associates, in the Orchard Hills Manufactured Home Community. 501 Windy Hill
Road, Lot 71, Shermans Dale, Perry County, Pennsylvania
The mobile home is registered in your name with the Commonweallh of
Pennsylvania. As an abandoned manufactured home, my client has the nqht to ave
the mobile home towed and removed from the property. Any towing, storing or 0 her
related charges, in addition to the other damages, would remain your responsibl ty. In
addition, it is possible that other proceedings could be initiated against you for
abandoning a mobile home on another's property.
Please contact me immediately to discuss these matters If I do not hear f m
you on or before April 16, 2005, formal actions will be taken to obtain title to the obi Ie
home and pursue any and all actions for damages incurred by the abandoned obile
home.
Very truly yours,
ANDREW C SHEELY
ACSfbmk
c Orchard Hills Associates
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EXHIBIT "e"
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FACT SHEET
Involuntary Transfer of Ownership
of a Vehicle by Court Order
PURPOSE
This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Till 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 th use of a
Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of fact" and s '-rounding
circumstances will be unique, a person attempting to be declared owner of a vehicle where proper wnership
documents are not available should seek the advice of a private attorney. THE DEPARTMENT ILL NOT
OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A EHICLE.
PROCEDURES
1. A person attempting to obtain ownership of a vehicle must commence a proceeding with " court of
competent jurisdiction setting forth the facts and circumstances of the case. The ownership of he vehicle
will be determined by the court. Please nDte that a sample court order is provided on the rev rse side of
this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPART ENT OF
TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONW ALTH OF
PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PAR Y TO THIS
COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DE RTMENT
OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING,
2. A person attempting tD be declared owner Df a vehicle by court order must nDtify all pels ns with an
interest in the vehicle of the pendency Df the court proceeding. The notification must t,e sent by certified
mail, return receipt requested, and must include the following:
(1) A specific description Df the vehicle (I.e, year. make. model and VIN);
(2) The court Df 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 EHICLE 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 ATTE PTlNG 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 INFORM ION), AND
SUBMITTING FORM Dl-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEE
December 2003
. OVer-
Bureau of Motor Vehicles - Research and Support Operations Section
P.O. Box 68031, Harrisburg, PA 17106-8031
Visit the DriVer and Vehicle Services web site at: www.dmv.state.pa.us
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3'. l'Il'th~ event the notice sent to a person with an interest in the vehicle is returned 8S "L nclaimed,"
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 we ,ks in the
newspaper(s) of general circulation where any person known to claim an interest in the v 'fllcle may
be located and where the vebicle is located, if these two locations are different. Please efer to the
Pennsylvania Bar Association Lawyers Directory & Produce Guide to determine the ppropriate
le9al journal. The advertisement should include the following:
(1) A specific description of the vehicle (ie, year, make, model and VIN):
(2) The court of competent jurisdiction where an action will be or has been I'il!ld: a ld
(3) The time, date and place of any court proceeding.
4. Wilen the above procedure is followed and the court of competent jurisdic1ion enter' an order
declaring an individual the rightful owner of the vehicle, the Department may issue a C ,rtificatA of
Fitle 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 trle vehicle:
(2) Form MV-1, "Application for Certificate of Title," and check or money order pa hie 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 air Market
Value of the vehicle as listed in a current edition of a Department-approved publication. flpproved
Department publications include the following: NADA, The Automobile Red Book, The lack Book
Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car GUlC)
SAMPLE COURT ORDER
AND NOW, this ______ day of ____________________ ,20 ___ , after reasonc ble notice
and an opportunity for hearing having been provided to all interested parties, the Co Irt hereby
awards ownership of one [year], [make], [model], bearing vehicle identificatio number
___'_'_______________________-------- to [name of applicant], and the right, title
and interest of any other person to said vehicle is hereby extinguished. The Commo wealth of
F'ennsylvania, Department of Transportation may accept this order as evidence of oWlership in
lieu of 3 Certificate of Title. The Petitioner shall submit the appropriate forms, taxes an fees and
comply with any other procedures of the Commonwealth of Pennsylvania, Dep rtment of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
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ROBERT E. GOODLING,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENN~;YLVANIA
VS.
05 - 11~~1
~ 01.,.....--
TAMIKA T. AINSWORTH,
Defendant/Respondent
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this ~~____ day of Ll~~ , 2005, upon
consideration of the attached petition for Involuntary Tran~;fer of
Ownership of a Vehicle by Court order, it is ORDERED AND DECREED that d.
hearing on this matter is set for the :::l:) '1 cl day of __~07L-L--
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2005, in Court Room No. , at 0:30 o'clock >jl M.
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Counsel for plaintiff is directed to direct Notice of this Hearing
to Defendant/Respondent at his last known address by certified mail,
return receipt requested/restricted delivery and by regular mail and, ci E
such notice is unclaimed, advertise Notice of such hearing once per week
for three consecutive weeks, all in accordance with the requirements of
the Pennsylvania Department of Transportation.
BY THE COURT,
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Andrew C. fSheely ~ Esqfufire) j)~ tJ. A ,1 ~ ':O,IL.. ~"'
Attorney or Plalntl 7"' or ~ f
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ROBERT E. GOODLING,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
05 - 1951
TAMIKA T. AINSWORTH,
Defendant/Respondent
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this
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2 Z - day of June, 2005, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1989
Brigadier mobile home, title number 42515415, VIN K33595, to Petitioner,
Robert E. Goodling, and the right, title and interest of any other
person to said vehicle/mobile home is hereby extinguished. The
Commonwealth of Pennsylvania, Department of 'rransportation may accept
this Order of Court as evidence of ownership in lieu of 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/mobile home.
Andrew C. Sheely, Esquire
Attorney for Plaintiff
BY THE COURT,
, Ad.
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