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Home My WebLink About05-4736 D. JEAN MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLP.~D COUNTY, PENNSYLVANIA . . ARROW INC., a Pennsylvania Corporation, t/a and d/b/a ARROW HOME SALES, Defendant/Respondent : 05 - ~'?3~ C,v~L~~ VS. . . . . . . CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE NOT ICE You have been sued in court. If you Idsh 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 pe!rsonally 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 ~ro 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: SEPTEMBER [2., 2005 BY AlcN () Andrew C. Sheely, PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 MeCll1anicsburg, PA 17055 717 697-7050 Attorney for Plaintiff D. JEAN MARTIN, Plaintiff/Petitioner . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : 05 - J..t'73e. CV-j~~~'11 ARROW INC., a Pennsylvania Corporation, t/a and d/b/a ARROW HOME SALES, Defendant/Respondent . . . . . . . . . . CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE . . PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP VEHICLE BY COURT OIIDER D. Jean Martin, 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 requirE!d by the Pennsylvania Department of Transportation, respectfully stating as follows: 1. Plaintiff/Petitioner is D. Jean Martin, an adult individual with an address of 17 Hidden Knoll Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant/Respondent Arrow, Inc. is believed to be a inactive Pennsylvania Corporation which traded and did business as Arrow Home Sales with a last known address of 143 Enola Road, Enola, PA 17025. 3. Plaintiff purchased a 1988 Fleetwood Bayview manufactured home from Defendant on August 6, 1991 pursuant to a Bill of Sale attached hereto as Exhibit uAu. 4. Subsequent to the sale, Plaintiff ne!ver received a title to the aforesaid manufactured home from Defendant. VERIFICATION 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:f'.- Sj -oS- , 2005 / " ,-'\ J./;tx"c:;;~77 /22".4__ D. ean Martin EXHIBIT uAu ~ORM 50031 @ =-~.,.~ '."'. "'.''''., ""...." ...""/. ~'" - 1\.'1>; ~... .. "'~. ''''Ol,-.... ~R1..iloaY H's. 11 & 15-143 Eooia Relild ENOL.-'\, PEHNSYLVANlA 17I125 732-&'211 ,. R-VALUE ~HICkNESS ,. '. f 'v'" J;./. J ,.;" TYPE OF INSULATION LOCATION CEILING EXTERIOR FLOORS THIS INSULATION INFORMATION WAS FURNISHED BY THE MANUFACTURER AND IS DISCLOSED IN COMPLIANCE WITH THE FEOERAL TRAOE COMMISSION RULE 16CRF SECTION 460.16 OPTIONAL EQUIPMENT LABOR AND ACCESSORIES $_. -- ---- ,/ , / / I ! f I - . ) ........r.? (\/ V ( \ / \ L I -.) \ \ ~ '~' '-- I c'// --- .' '. , : REMARKS, '2 r> ..fA v' /',) j' '7 (/ /j 4,. Id./ f- t;) U "'-"-'./..JI/ /""-',/""1 /)'. -"',-1'./-',1.."",- n n "Ie/I< .j ,,,'c,l,.:-, I , BALANCE CARRIED TO OPTIONAL EQUIPMENT DESCRIPTION OF TRADE_IN YEAR ~, MAKE/MODEL COLOR AMOUNT OWING TO WHOM BEDROOMS TlTLENQ SI~E 'I .,.' This agreement contakls the entlrfitunderstandlng between you and me and no other representatiOIl' or . inducement, . verbal or written, has been made which Is not contained In this contract. SERIAL NO -TRADEcIN DEBT TO BE PAID BY 0 DEALER . o BUYER , , , DEL/VERY ADDRESS ), . . I ,.,. PRICE OF UNIT - OPT'ONAL EQUIPMENT $ 'ILl!) L_.__ SUB.TOTAL SALES TAX --f/.f-l_H .:- /~/ l /t..,,''>' NON TAXABLE ITEMS vcyVOUS FEES AND INSURANCE / 3 1':1' Ot.J Cl.) ., / r .J' ,-S-- 1. CASH PRICE L?:~.;.i.n~N ALLOWANCE $ I LES'ie~L{JUE ONABOVE $ NET ALLOWANCE $ CASH ObWN PAYMENT f:fij,1~~~~ffD $ 2 IE:S TOTAL CREOITS $ (: OL. I -"-- 1$ $ SUB, TOTAL SAUlS TAX 1/1 NOllncluded Above) 3. Un.,aid Balance of Cash Sale Price $ ::J I .0') 4/ ~ 00 T~tfe te' said equipment l!hall remain in YQu until the lJ'greed purchase price th~refor is paid in full 0 in cash or by tlhe execution of a 0 fletail Inl!tallment Contract, /~ or a Se,cU'ity Agreement and its acceptance by a financ. ing ag"ncy; thereuPQn a title tQ the within described unit passes tQ the buye, as Qf the date Qf either full cash payment or on the signing of said credit instru- ments .'ven though the actual physical delivery may not be mad'l until a later date. You and I certify thatlhe additional terms and cQnditions printed ,on the Other side of this conlract are agreed to as part "f this agreement, the same as if printed above the signlltures.1 am purchasing Ihe above described unit; the oPtional equipment,. accessories and. insurance, if included, VOlUntarily. My trade-in Is free from all claims whstsoever except as noted. You and I agree that if any paragraph or provision VIQlales the law and is unenforce_ able, the resl Of Ihe conlract will be valid. ARRClWtaE'-..s Not Valid Unless Signed and Accepted by an Officer 01 the Company I, OR WE. ACKNOWLED'SERECEIPT OF A COpy OF THIS ORDER AND THAT I, OR WE, HAVE RE~AN~UND~~STAND!THE BACK OF THIS AGREEMENT. ' ?) '. .""'-J SIGNED X : i, ' /""~:.' /;>.1.< ~ ;r- :,...... ~'.: . ""'''''''''':':.: SOCIAL SECURITY NO~--,---__/ DFAI FR RY /?J1 / )../ " .A M",~,d(,ub).6 10 ."Tplfo'. ollin,no". by bank 0' lin.n', ,omp,,"y .' .' .-_ BUYER SIGNED X, SOCIAL SECURITY NO. .' '.: FORM 500.3 ~" Jenkins Busmess Forms Mascoutah, IL 62258 REV. 3/88 Copyright 1983 A PLAIN LANGUAGE PURCHASE AGREEMENT UCC S 2-201 Tl'l,PUCATE -'---"---'-- BUYER ~ EXHIBIT uBu MV-41 (4-00) APPLICATION FOR CORRECTION OR CHANGE OF VEHICLE RECORD Commonwealth of Pennsylvania Department of Transportation Bureau of Motor Vehicles Harrisburg, PA 17164-2516 /,,"'N"mbOC (REGISTRATION MAY NOT BE TRANSFERRED ON THIS FORM) SEE IMPORTANT INSTRUCTIONS ON REVERSE .. FOR DEPARTMENT USE ONLY.. CHECK ./ APPLICABLE BLOCK BELOW 1. OCorrection of Vehicle Identification Number. Complete Sections A, Band F. 2.~lication for State Repiacement Vehicle Identification Number Plate/Decal. Comp,!ete Sections A, C (MUST be completed by a Police Officer), and F. NOTE: Title must be attached. 3. OChange in body type, registered gross weight, registration ciass, number of axles or other corrections or changes to vehicte tilie or registration data. Complete Sections A, 0, E (if weight change, verification of vehicle weight must be completed by Inspection Mechanic), and F. CHECK HERE IF THE LIENHOLDER HOLDS ELECTRONIC LIEN TITLE (ELT) 0 NOTE: TITLE WITH AN ELT NEED NOT BE ATTACHED. L"'''''- (If .ppk.bl.) Registration Plale Number A VEHICLE OWNER INFORMATION Last Nama(s)/Company Name Martin FirSINama Co-Owner last Name D. Jean Middle Initial Jr., ate First Name Slale Current StreelAddress 17 Hidden Noll Rd. Middle Initial Jr., etc. Zip Code City Carlisle To be used only to correct typographical error of one digit, transposition of two digits, or if engine number has been erroneously recorded as the VIN. 2 1 APPLICATION FOR STATE REPLACEMENT VIN PLATE riginal Vehicle Identification Number (if known) Reason for Replacement of VIN Plate o Lost 0 Stoi',n 0 Defaced 0 Ne,er Recel,ed _ P4-A"''-'" .-LitiA??t. /ZECr7f/tnO Tin fr dI Othe<(PleaseExpl.ln,lV......"'nr7l> "LOc;/I'r7F 1//-1/ ~<.A-nr VERIFICATION BY POLIIC OFF ER (Local 0' State POlice) S. Badge Number -:1S17 Telephone No. ',4- t>~ 'O,{.IC<'" I ->'11-~/=>-1 D DESCRIPTION OF CHANGES OR CORRECTIONS OTHER THAN VIN - Explain physical change and/or change in Use of the vehicle, and/or reasons for applying for change or correction of vehicle title or registration data. ATTACH TRACING HERE OR HAVE AUTHORIZED NOTARY PUBLIC EMPLOYED BY A FULL AGENT OR MOTOR VEHICLE DEALER, OR INSPECTION MECHANIC COMPLETE THE VERIFICATION INFORMATION BELOW. Correct VIN Signature of Notary Public or Inspection Mechanic DIN/Mechanic # VEHICLE DATA AS YOU DESIRE THE RECORD TO BE CHANGED OR CORRECTJ:D . CHECK,/ ONLY THE BLOCK(S) AND liST INFORMATION WHICH YOU ARE CHANGING OR CORRECTING. Seating Capacity ~ Correct/Change to: Signature of Inspection Mechanic Correct/Change to VERIFICATION OF WEIGHT RATING (Inspection Mechanic Only) COrrectlChangeto. Register&cl Gross Combination llVeight .... o No. of """ \No, "'ition" oxl. In,,,,,.d? NOTE, If yes, sss the tnstructlons IIstsd on tI'e ,.,.,.. N"mbo, of """ GA""- (foc "d., "'''I ~ DON side of this form under the instructions for SI.ock 3 and CO"""Co.n.. to V" 0 Comple" the lolfowlng Inlo""s.on. _ F CERTIFICATION - I(We) hereby certify under penalty of law that all information given on this application is true and correct. (Date must be listed). Inspection Mechanic Number Signature of Owner or Authorized Person Date Signature of Co-Owner or Title of Authorized Person MESSENGER NO. Applicant's Telephone No THIS FORM MAY BE PHOTOCOPIED EXHIBIT ucu \ \ 1 '" '" o '" ~~ ~ '" ,.., :I:,..."'v "'-<"'0:: 0;..><;:' ",00:< ~ZO:<'" z;z 0:: 0 2 00 . Z ,...""i ~!;; CJ '" ::E or: w :z: t g ffi '" '" w ....or: ..... CIOZtt:O Z .'$ C/) r:lil:f!:~Q W a::t W a:~ClJrna: Q .... ..J :5"'ii:~; _ Q c:c cr:t-W......a:: en ...... en Q I lE~;;~ w ~ <C ~o~ffio w 0 ' 'U-wZ>l- IX =- ~ a:: I i~t%:::iw D. () C ,~.I..~(,)w""" ,:;)w;:)QCI:I _ Z 0 c:c !~I-U)l- 'C' >< _ %' r :~!C~Q~ ~ ~- ~ B ' [JD~ ><OOWZ'<CUCI) a:: a:: '0 c:c a:: a:: l'? ~ :Ec:cc:c"".c.. -w ~ "- '\V'"' (\) '-/ /<J \9 \.~ . --::,' - -- '-. "- ,.', f.Y~1 ("1 (:1 ",:i ,,') () j" EXHIBIT uDu FACT SHEET .f8 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 Tille 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 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 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 court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF I>ENNSYLVANIA, 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 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 LIENHOLDI: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 CER"r1FIED 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. Decembe, 2003 a 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.d.nv.state.pa.us 3. In the event the notice sent to a person with an interest in the vehicle is retumed as "Unclaimed," the person attempting to be declared owner of the vehicle must advertise a legal noiice at least once in the county legal joumal(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 Bar Association Lawyers Directory & Produ(:e Guide to determine the appropriate legal joumal. The advertisement should include the followin!J: (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. 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 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 Fair 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. AND NOW, this ---__ day of -________ . ~ 20 ___ , after reasonable notice and an opportunity for hearing having been pr~ nterested parties, the Court hereby awards ownership of one [year], [ma~e] ~Tel, bearing vehicle identification number ------------------------------~- ---- to [nam,s of applicant], and the right, title and interest of any other person to e is hereby extinguished. The Commonwealth of Pennsylvania, Department of n may accept this order as evidence of ownership in lieu of a Certificate of Tille. Th.i er shall submit the appropriate forms, taxes and fees and comply with any other proc~dR of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: --------------------------------- Judge (p ~ ~ '!:.. '.f V>t _ l:t.. Y'l (' ~ "-' ()' <!'l <(' ~~fl -$ () --n :-::::1 l-:'l ",'-.~ 1...(;,1 D. JEAN MARTIN, plaintiff/petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } VS. 05 - I./"IJf- eo~t 7Ef21Y\ J\,yl : ARROW INC., a pennsylvania Corporation, t/a and d/b/a ARROW HOME SALES, Defendant/Respondent RCCE1"'En Ccp 1 c; 'ODS .... " iJ v'- ~ ~ . Wr^ CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE AND NOW, this I'ltIJ ORDER OF COURT day of ~, 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 hearing on this matter is set for the q-iIJ day of Dflhrnh/~ 2005, in Court Room No. <f , at q; {)O o'clock 1L-M. Counsel for Plaintiff is directed to direct Notice of this Hearing to Defendant/Respondent at its 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'COURW". Andrew C. Sheely, Esquire .~ ;t Attorney for Plaintiff g- / C"f'1 t ~lf. 9 - It b 1 /1ri J. - 9-/t.OS , Lj'v~# / VINVA1ASNN3d "t,II'1(,,'"' III :o-r:q::ql"n" I\.t.'tl!\...',' '.. ',1 """..,,''1, V 2S :6 HV S I d3S SOUZ AiNl0NOH10Sd 3Hl :lO 381;lj(}{]3l1:l D. JEAN MARTIN, plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05 - 4736 ARROW INC., a Pennsylvania Corporation, t/a and d/b/a ARROW HOME SALES, Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this ~r day of December, 2005, after reasonable notice and an opportunity for a hearing having been provided to all interested parties, the Court hereby awards ownership of a 1988 Fleetwood Bayview manufactured home to Petitioner, D. Jean Martin, 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 Commonwealth of Pennsylvania is further directed to issue a Vehicle Identification Number (VIN) and Vehicle Identification Number (VIN) plate to Petitioner, D. Jean Martin, pursuant to the attached MV-41 form. 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 and VIN plate for said vehicle/mobile home. BY THE COURT, </:;4- J. Andrew C. Sheely, Esquire < Attorney for Plaintiff t~~ /d-./'1./05 ... .t\ "..n ----- r I" "\".\':.1\ ~L -