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Home My WebLink About05-1952 ROBERT E. GOODLING, plaintiff/petitioner IN THE COURT OF COMMON PLE . OF CUMBERLAND COUNTY, PENNSYL NIA VS. 05 - If5'P-- , . C,L' ~~ KEITH B. GREENWALD, SR. Defendant/Respondent CIVIL ACTION - INVOLUN'CARY TRANSFER OF MOTOR VEHICLE ITLE NOTre,1;: , . You have been sued in court. If you wish to defend agair t the claims set forth in the following pages, you must take act'on within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by at to ney and filing in writing with the court your defenses or objectio s to the claims set forth against you. You are warned that if y u fail to do so the case may proceed without you and a judgment ay be entered against you by the court without further noticeQo c nyo money claimed in the complaint or for any other claim or Jg.li _' .." requested by the plaintiff. You may lose money or prope~ty Ol~ ;~ other rights important to you. ' "i\Jl -r)n1 ~~..., ',-'-\ co YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE..IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHoffi1;:THlf: OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG~,HELP CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 , 0<< .r:- .,j;- Date: APRIL 15, 2005 ,4,tU(!S~ Andrew C. Sheely, Esqui PA. 1.0. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaint.iff BY ;>.;Y 00,,(,) ,.:' ".~~j ." ("'j ;:~rrl , :<. . , .. ROBERT E. GOODLING, plaintiff/petitioner IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNSYL NIA : VS. 05 - KEITH B. GREENWALD, SR. Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE ITLE PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNE SHIP VEHICLE BY COURT ORDER Robert E. Goodling, plaintiff/Petitioner, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petit:L n for Involuntary Transfer of Ownership of a manufactured home b Court Order in accordance with procedures required by the pennsylvania Department of Transportation, respectfully s.tating as follows: 1. Plaintiff/petitioner is Robert E. Goodling, an adult individual with an address of 258 W. Baltimore Street, Carlisle, Cumberland County, pennsylvania, 17013. 2. Defendant/Respondent Keith B. Greenwald, Sr. is believe to be an adult individual with a last known address of 265 Linco n Street, Carlisle, pennsylvania, 17013. 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 1980 DeRose manufactured home, Title Number 32240465, Vin Number C20783 has been abandoned on Plaintiff's manufactured home park located in the manuEactured home community known as Orchard Hills. , , .. 5. On or about March 18, 2005, counsel for Plaintiff conducted a vehicle record search at the pennsylvania Depart (mt of Transportation to determine the owner of the above-descri "d mobile home for the purpose of contacting the owner to have slch person remove the mobile home from Plaintiff's mobile home pa k. 6. A vehicle record abstract provided by the Pennsylvani Department of Transportation, a copy of which is attached herEto as Exhibit "Au, indicates that the owner of the mobile home i. Defendant/Respondent Keith B. Greenwald, Sr., with an address f 265 Lincoln Street, Carlisle, PA 17013. 7. On or about March 2, 2005, counsel for Plaintiff direc ed 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 "BU. 8. No response was received to the letter directed to Defendant on or about March 2, 2005. 9. The abandoned mobile home has caused Plaintiff to incu lot rents and moving the manufactured home to a separate locati n will cause Plaintiff to incur unnecessary moving and storage costs. 10. Plaintiff desires to obtain title to the above-describe mobile home so as to allow Plaintiff to remove the mobile home from the premises without further lost lot rents, storage costs, 2 .,.. 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, btain a hearing date, attempt to communicate the hearing date to Defendant/Respondent by certified mail and/or public notice, md obtain an Order of Court following the hearing, all in accord nee 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/Petitioner, 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, C.ulis 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 ord"r to receive the appropriate certificate of title for said mannfactu ed home. (3) Any other relief deemed just and equitabl". 3 Date: April 13 2005 , Respectfully submitted, //hd.AJ(I XI. Q -~-----~~~- --- Andrew C. Sheely, Esquire Attorney for plaintift, Robert E. Goodling 127 S. Market Street, P.O Mechanicsburg, PA 17055 717-697-7050 4 I "'" Box 95 " VERIFICATION . ,\.. I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herej.n re made subject to the penalties of 18 Pa. C.S.A. Section 4904, reI ting to unsworn falsification to authorities. DATE: April 15 ' 2005 ) '''C .1/ /. /1" ,/ -",...- ~/""' Robert E. Goo " ;'/ J"'/ r:/;~~ =-::>:;:7 ..? ~' ~......c._'.." " " . EXHIBIT "AU .' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/18/05 PAGE 1 . " OWNER NONE 050771347000090 00 TITLE DATE 01/04/8 REGISTRATION EXPIRY DATE, BODY TYPE MH ODOMETER READING * *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1980 STOLEN DATE KEITH B GREENWALD SR 265 LINCOLN ST CARLISLE PA 17013 LESSEE TI TL E NUMBER TAG NUMBER VIN 32240465 C20783 MAKE MODEL RENEWAL WID PREVIOUS TAG LI ENS STOPS DEROSE NO 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 INFORMATION, (7,00 IN STATE OUT-OF-STATE TOO 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 . .' , ANDREW C. SHEELY c py ATrOl\'NEY AT LAW i~'I~J) (l(rt'-J.;'i.l~,)O ] 27 SmIth I\;Lrb:t ,:.; tred P.U. 15,,;< lJ:) l\'l~,~,b.'IJli~'sbuq-:;, PenJ ISY!V,IIJi'l 1 i'OS:,) l~,;.\: (i I i \)1(/' "iI \t',') February 2, 2005 Keith B. Greenwald, Sr, 265 Lincoln Street Carlisle, PA 17013 RE: 1980 Manufactured Home Title Number 32240465 VIN C20783 DEROSE Dear Mr Greenwald: Please be advised that the above-referenced manufactured home has bee abandoned for some time and located on the property of my client, Orchard Hills Associates, in the Orchard Hills Manufactured Home Community, 501 Windy Hill Road, Lot 160, Shermans Dale, Perry County, Pennsylvania, The mobile home is registered in your name with the Commonwealth of Pennsylvania, As an abandoned manufactured home, my client has the riqht to h ve the mobile home towed and removed from the property, Any towing, storing or oth r related charges, in addition to the other damages, would remain your responslbilit In addition, it is possible that other proceedings could be initiated against YOLl for abandoning a mobile home on another's property. Please contact me immediately to discuss these matters, If I do not hear fro YOLl on or before April 2, 2005, formal actions will be taken to obtain title to the mobi e home and pursue any and all actions for damages incurred by the abandoned mob e home Very truly yours, ANDREW C, SHEELY ACSlbmk c Orchard Hills Associates . . " ... EXHIBIT "e" to .. , -.: t". 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 tie involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order at cJ should be used only in those circumstances where it is impossible to transfer ownership of a vehiclC\ by , 1e use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facto. and ;urrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where prop' I' ownersllip 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 J VEHICLE. PROCEDURES 1 A person attempting to obtain ownership of a vehicle must commence a proceeding wltl c' court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership 0 the vehicle will be determined by the court Please note 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 PART' TO THIS COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEP .RTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING. 2. A person attempting to be declared owner of a vehicle by court order must notify all perso 5 with an interest in the vehicle of the pendency of the court proceeding. The notification must be sent y certifiecJ maiL return receipt requested, and must include the following: (1) A 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 (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 VE ICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON TrE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A EHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMP riNG TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VE .JICLE'S COMPUTER RECORD BY COMPLETING FORM DL.135 (REQUEST FOR VEHICLE INFORMATlC N), AND SUBMITTING FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. December 2003 .ov r. 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 " .. " "" ..- 3. In the event the notice sent to a person with an interest in the vehicle is returned as '1 nclaimed." the person attempting to be declared owner of the vehicle must advertise a legal notice a I"ast once in the county legal journal(s) and at least once per week for three consecutive w eks in the newspaper(s) of general circulation where any person known to claim an interest in the elllcle may he located and where the vehicle is located, if these two locations are different. Please 't?fer to the Pennsylvania Bar Association Lawyers Directory & Produce Guide to determine the' ppropnate 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 filnd: a ld (3) The time, date and place of any court proceedin9. 4. When the above procedure is followed and the court of competent jurisdiction (mter an orrler declaring an individual the rightful owner of the vehicle, the Department may issue a C rlifiGate of Title 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 theehlcle: (2) Form MV-1, "Application for Certificate of Title," and check or money ordec pay 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 F If Market Value of the vehicle as listed in a current edition of a Department-approved publication. 'Ipproved Department publications include the following: NADA, The Automobile Red Book, The 8 ck Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car GUide SAMPLE COURT ORDER AND NOW, this _'___ day of ___________________ ,20 ___ , after reasonab e notice and an opportunity for hearing having been provided to all interested parties. the Cou hereby awards ownership of one [year], [make], [model], bearing vehicle identification number u_____________________________________ to [name of applicant], and the r ght, title and interest of any other person to said vehicle is hereby extinguished. The Common ealth of Pennsylvania, Department of Transportation may accept this order as evidence of own rship in lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms, taxes and; ,p,s and comply with any other procedures of the Commonwealth of Pennsylvania Depart lent of Transportation in order to receive the appropriate Certificate of Title for said vehicl(l. BY THE COURT J dge -.' - A(\~~~ " '- ~ ~ ,,~ ~ vI ~ ~ ~, ~ ~ r ~ ~ ~ 1 ~ CB ROBERT E. GOODLING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05 - rO S- I '1..::>'1-- KEITH B. GREENWALD, SR. Defendant/Respondent CIVIL ACTION - INVOLUWCARY TRANSFER OF MOTOR VEHICLE TITLE AND NOW, this ! l'-i:! ORDER OF COURT day of (~~ , 2005, upon consideration of the attached Petition for Involuntary Tr.~nsfer of Ownership of a Vehicle by Court Order, it is ORDERED AND DECREED that d 'I :Jo;"nd 9; (I:; day of q-<-V1tJ- J' o'clock _/C.,_M. hearing on this matter is set for the 2005, in Court Room No. , at Counsel for Plaintiff is directed to direct Notice of this Hearing to Defendant/Respondent at his last known address by cert ified mail, return receipt requested/restricted delivery and by regular mail and,iE such notice is unclaimed, advertise Notice of such hear in'] once per week for three consecutive weeks, all in accordance with the r'~quirements of the pennsylvania Department of Transportation. Andrew C. Sheely, Esquire ) .L)~,' Attorney for Plaintiff I . (/I BY THE COURT, _~~L____ J. ~ tU-l ~. if /12,/~J / I c> ,.....) 0 ,'.:::'l' ',_~ .~:J -n <:...t1 ~ .~ " ::Z~ c' , , ~'! . - , {"" (......~l ROBERT E. GOODLING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05 - 1952 KEITH B. GREENWALD, SR., Defendant/Respondent CIVIL AC'I'ION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this Z. 2-J 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 1980 DeRose mobile home, title number 32240465, VIN C20783, 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 Transportation 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 th.e Commonwealth of Pennsylvania. Department of Transportation, in order to receive the appropriate Certificate of Title for said vehicle/mobile home. BY THE COURT, Andrew C. Sheely, Esquire Attorney for Plaintiff .~ 4/1 (.. ;;).40... ~ J. o c:: ::<~,. .-> = = cJ' '-- ~ ~ :?-n m--- hi J2d .--"" { ~~ ,:~ ~t:"" ~ N N ""r~~.. --,<'> -"'''^ '-!? (.1'\ u' -