HomeMy WebLinkAbout05-4414
ROBERT E. GOODLING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERId~D COUNTY, PENNSYLVANIA
:
:
VS.
.
.
05 - y"lIl't
:
REBECCA L. SHOWERS,
Defendant/Respondent
.
.
:
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
:
NOTICl~
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
Date: AUGUST ~ , 2005
BY 1dt/G ~
-t:li~ C. Sheely, Esq '"
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for plaintiff
ROBERT E. GOODLING,
Plaintiff/Petitioner:
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERL1'\ND COUNTY, PENNSYLVANIA
.
.
:
VS.
.
.
05 -
.
.
REBECCA L. SHOWERS,
Defendant/Respondent
:
CIVIL 1l.CTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP
VEHICLE BY COURT ORDER
Robert E. Goodling, Plaintiff/petitioner, by and through
counsel of Andrew C. Sheely, Esquire, hereby files this petition
for Involuntary Transfer of ownership of a manufactured home by
Court Order in accordance with procedures required by the
Pennsylvania Department of Transportation, respectfully stating 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 Rebecca L. Showers is believed to be
an adult individual with a last known address of 13 Westminster
Drive, Carlisle, Pennsylvania, 17013.
3. Plaintiff is an owner of a mobile home park known as
Westminster Court located in Cumberland County, pennsylvania.
4. For the past several months, a 1970 Homette manufactured
home, Title Number 21975888, Vin Number MP1219D has been abandoned
on Plaintiff's manufactured home park located in the manufactured
home community known as Westminster Court.
VERIFICATIOll
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
DATE: August Z3 , 2005
08/13/2005 15:40
1
PENNSVLVANIA DEPARTMENT OF TRANSPO~TATION
VEHICLE RECORD ABSTRACT
71ZZ/0S
PAGE I
PAGE 01
OWNER
LESSEE
NONE
0520~1797000042 002
TITLE DATE 08/1~/7Q
REGISTRATION EXPIRY DATE:
BODY TYPE HH
ODOMETER REA,DING lE
~EXEMPT BY fED LAW
DUPLICATE nnE COUNT 0
VEHICLE YEAR 1970
STOLEN DATE
REBECCA L SHOWERS
13 WESTMINSTER DR
CARLISLE PA 17013
TITLE NUMBER
TAG NUMBER
VIN
21975888
MP1219D
MAkE
MODEL
RENEWAL WID
PREVIOUS TAG
LI ENS
STOPS
HOHETTE
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
TOO 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
ANDREWC. SHEI1LY
ATTORNEY AT LAW
Te/erbn., (717) 697-7050
127 South Market Street
P.O. Box 95
Mechanicsburg, Pennsylva.nia 17055
Fox, (717) 697-7065
August 16, 2005
Rebecca L. Showers
13 Westminster Drive
Carlisle, PA 17013
Ffi ~'
. W~..~.,--,,,,~
RE: 19;70 Manufactured Home
Title Number 21975888
VIN MP1219D
HOMETTE
Dear Ms. Showers:
Please be advised that the above-referenced mclnufactured home has been
abandoned for some time and located on the property of my client, Robert E.
Goodlings, in the Westminster Gardens Manufactured Home Community, 13
Westminster Drive, Carlisle, Cumberland County, Pennsylvania.
The manufactured home is registered in your name with the Commonwealth of
Pennsylvania. As an abandoned manufactured home, my client has the right to have
the manufactured home towed and removed from the property. Any towing, storing or
other related charges, in addition to the other damages, would remain your
responsibility. In addition, it is possible that other proceedings could be initiated
against you for abandoning a manufactured home on another's property.
Please contact me immediately to discuss these matters. If I do not hear from
you on or before August 23, 2005, formal actions will be taken to obtain title to the
manufactured home and pursue any and all actions for damages incurred by the
abandoned manufactured home.
Very truly yours,
ANDREW C, SHEELY
ACS/bmk
c: Robert E. Goodling
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FACT SHEET
ri
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 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 it is impossible to transfer ownership of a vehicle by the use of a
Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of fact~. 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
1. 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 couli 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 1Il0T 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 oerson attempting 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 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 VEHICLE IS
PRESENTLY TITLED AND REGISTERED AND EVERY L1ENHOLDI,R 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.
December 2003 ~ over.
Bureau of Motor Vehicles - Research and Support Ope.rations 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 "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 consecutiv'l 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 Bar Association Lawyers Directory & Produce Guide to determine the appropriate
legal journal. The advertisement should 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.
4. Wilen the above procedure is followed and the court of competent jurisdiction ,mters an order
declaring an individual the rightful owner of the vehicle, the Department may issue a Certificate 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 the vehicle;
(2) Form MV-1. "Application for Certificate of Title," and cheCk or money order payable 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 air Market
Value of the vehicle as listed in a current edition of a Department-approved publication Approved
Department publications include the following: N.A.D.A., The Automobile Red Book, The Black 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 reasonable notice
and an opportunity for hearing having been prO\fidedto all interested parties. the Court hereby
awards ownership of one [year], [make]; [rtlpdel], bearing vehicle identification number
------- ---------------------7.7-->------ to [namE! of applicant], and the right, title
and interest of any other perso~,,}o ~l~ye/;iicle is hereby extinguished. The Cornmonwealth of
Pennsylvania, Department of ~rag9P~rta'tion may accept this order as evidence of ownerShip in
lieu of a Certificate of Title. ThEi'Pettt;cmer shall submit the appropriate forms. taxes and fees and
cornply with any other procedlJfes of the Commonwealth of Pennsylvania, Department 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, : IN THE COURT OF COMMON PLEAS OF
plaintiff/Petitioner CUMBERLM~D COUNTY, PENNSYLVANIA
:
05 - !.fiftY
VS.
.
.
REBECCA L. SHOWERS,
Defendant/Respondent
.
.
:
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
AND NOW, this rfl nd
ORDER OF COURT
day of .~~u, 2005, upon
consideration of the attached petition for Involuntary Transfer of
Ownership of a Vehicle by Court Order, it is ORDERED AND DECREED that a
2005, in Court Room No.
'I
~
!&()cJ
day of Jl~ ,
o'clock LM.
hearing on this matter is set for the
, at
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, if
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,
~ ,/1;i
J.
Andrew C. Sheely, Esquire
Attorney for Plaintiff
carles ~IWI 1~' JH~ sk..(r
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00 :11 ild 2- d::1S SuUl
i-S:iV'.LG\Ci(':_;.,CJd 3H1 :iO
~:::,,';IOC1:11I:l
ROBERT E. GOODLING,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
05 - 4414
REBECCA L. SHOWERS,
Defendant/Respondent
CIVIL ACTION - INVOLUNTARY
TRANSFER OF MOTOR VEHICLE TITLE
ORDER OF COURT
AND NOW, this
z"- day of November, 2005, after reasonable
notice and an opportunity for a hearing having been provided to all
interested parties, the Court hereby awards ownership of a 1970 Homette
manufactured home, title number 21975888, VIN MP1219D, 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 the 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 _ ~_~j ":/ j,
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