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HomeMy WebLinkAbout05-5304ORCHARD HILLS ASSOCIATES, Plaintiff/Petitioner VS. STEVEN D. HAEHNLEN and ROBIN L. HAEHNLEN, Husband and Wife, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05 - r3Cly CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE N O T I C E You have been sued in court. If you wash 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 1.7013 (717) 249-3166 Date: OCTOBER r/, 2005 BY Andrew C. Sheely, quip PA. I.D. No. 62469 127 S. Ma reet P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff ORCHARD HILLS ASSOCIATES, Plaintiff/Petitioner VS. STEVEN D. HAEHNLEN and ROBIN L. HAEHNLEN, Husband and Wife, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05 - CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP VEHICLE BY COURT ORDER Orchard Hills Associates, 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 orchard Hills Associates, a Pennsylvania General Partnership, with a principal place of business located at 258 W. Baltimore Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants/Respondents are Steven D. Haehnlen and Robin L. Haehnlen, believed to be husband and wife, or formerly husband and wife, with a last known address of 501 Windy Hill Road, Lot 82, 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 nine months, a 1989 Fleetwood manufactured home has been abandoned on Plaintiff's manufactured home park on lot No. 82 located in the manufactured home community known as Orchard Hills. 5. Repeated efforts by Plaintiff to verify ownership of the manufactured home on the home and record searches at the Pennsylvania Department of Transportation have failed to determine the owner of the above-described manufactured home for the purpose of contacting the lawful owners to have transfer ownership to Plaintiff. 6. Plaintiff's efforts to locate a valid, registered Vehicle Identification Number or Serial Number on the manufactured home have been without success. 7. As a result of being unable to locate a valid Vehicle Identification Number or Serial Number, Plaintiff contacted the Pennsylvania State Police Vehicle Investigation Fraud Unit which also could not locate any valid identification number on the manufactured home as evidenced by the attached MV-32 form. A copy of the MV-32 form is attached hereto as Exhibit "A". 8. The MV-32 form as conducted by Trooper Ronald V. Colyer of the Pennsylvania State Police recommended that a replacement VIN or VIN plate be issued for this manufactured home as there is no record of the home through the Pennsylvania Department of Transportation. 2 9. Plaintiff has utilized all reasonable efforts to locate the owners of the manufactured home and the whereabouts of Defendants/Respondents are unknown. 10. Plaintiff desires to obtain the title and remove the manufactured home or list the manufactured home for sale, but cannot sell the manufactured home without at title. 11. The abandoned manufactured home is a liability to Plaintiff, an attractive nuisance to adjacent residents and Plaintiff has been deprived of the reasonable lot rents for the space for a period in excess of nine (9) months. 12. In order to obtain title to the above-described manufactured home, Plaintiff is required to commence the instant action, obtain a hearing date, attempt to communicate the hearing date to Defendants/Respondents by certified mail and/or public notice, and obtain an Order of Court directing Penn DOT to issue a title and/or replacement VIN plate in the name of Plaintiff following the hearing, all in accordance with rules and regulations promulgated by the Pennsylvania Department of Transportation. A copy of the requirements issued by the Pennsylvania Department of Transportation are attached hereto as Exhibit "B". WHEREFORE, Plaintiff/Petitioner, Orchard Hills Associates, respectfully requests that this Honorable Court: (1) Schedule a hearing date at least sixty (60) days after 3 receipt of the instant action so as to allow Plaintiff to properly complete all required notice provisions for advertisement to Defendant/Respondent; and (2) After such hearing, enter an Order of Court directing that the Commonwealth of Pennsylvania, Department of Transportation accept the Order of Court as evidence of ownership in lieu of a Certificate of Title and directing that the Commonwealth of Pennsylvania, Department of Transportation, issue a new title to the manufactured home to Plaintiff, provided Plaintiff/Petitioner submits all forms, taxes and fees in order to receive the appropriate certificate of title for said manufactured home. (3) Any other relief deemed just and equitable. Z?4/n ctful lly su d, Date: October # , 2005 Andrew C. Sheely, Esqui Attorney for P Orchard Hills Associates, 127 S. Market Street, P.O. Box: 95 Mechanicsburg, PA 17055 717-697-7050 4 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: October , 2005 o E. G o ing, General Partner Orchard Hills Associates 5 FROM :ORCHARD HILLS FAX NO. :7175B2BO43 Srp. 27 2005 02:21PM P2 arrwaaw 09 ft 0 A. 6/ B. DEPARTMENT OR TRANSPORTATION BUREAU Or MOtOR Vamo EB HAMBSUfkll 17122 NOTIC! Applaparrig rnpne for p 1.nggvM 1. VA4411161POr Which 82W replOW YW vd.ff. mow Yoo NO 141*10010d 10 eWala a $toN hplooNnont V.I.N. Platddeoil foam the spew WIN the vehicle New laet.eftd or nwsw' d N th%&** Wh M 0M vd** Wn iaet 01301or 006MM roflwed. or M rat M a posmm 10 MMw a VJ,N. 04116*014 iaaeau rah -Y. kle MtW m M be Nbdwd to preprly mmosad pW1kMlon for Pima eyNanM tNa. FOLLOW INWRUC'fION SBLOIN... Applinerat• for pasaq kw" comicare of T dew, of a nrarw dMorepAIM bettreen orrwlfloado i ty aufhorMad inepawUon mw proof of AL, Mid P. FOLLOW INBTR mK INII"Of" showe You*" rorwlad to taloe tfw tehMN to Uw mWW Peonmi anus Boa 1bNw gsmon tt13h your app4o! Non, requlrid suppoglnB dooanraAa, and 13rM notkrr TM oMkar oanduoNrap 13w erwrMrwtkn willUwn compleb the from below &W mm h to ym it Is your mapwWbllkW to return ail doatemraa. InoNftg We natioe, to the Bureau of Motor VaMoles for prooepb+p. ATTENTION: PsnneyNanla State Polio Places oorduot an Wrninartion of the vehicle of the burr of this notice and after furnlMalhg the followini; bffornation, retuin the foma to the applicant APPLICANT'S NAMS ADDRESS N R KyiAi5 VO..-LIU & roc,ue.. N it Is believed that the subject vehicle Is the wma at demorlbed on the proof of ownership and fbdbwe do not indloate any spperSM tampering with the vehicle IdeartlRoatbn Platf of 13w vshkh t *Oft 4C l(W ff Po? &J 1Y1 ?6? r ?? ADDITIONAL REMARKS, IP ANY. r ..b: S77C.Kx12 R??Nar-. (? i , 0,?7,?? ? F "- '116 37 paroc?fiAiia 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 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 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. 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 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 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) Aspecific 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 LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO 13E 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 Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit the Driver and Vehicle Services web site at: www.dmv.state.pa.us 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 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. 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. SAMPLE COURT AND NOW, this _____ day of and an opportunity for hearing having awards ownership of one [year] [rr ------------------ -------------- and interest of any other person to Pennsylvania, Department of f"Sp lieu of a Certificate of Title Thdrlle tit r N,? al4 20 _ after reasonable notice -------------- been pr .1i%p .{hn' terested parties, the Court hereby ake],1I(I 65del] 'w bearing vehicle identification number w (' ?4?^,r a ''r to [name of applicant], and the right, title °"ffle hereby extinguished. The Commonwealth of 1n may accept this order as evidence of ownership in er shall submit the appropriate forms, taxes and fees and comply with any other proced's of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge N 0 ?^J - T C? r,rn lA i o ? A 'Tl ^ ? ? X111 ORCHARD HILLS ASSOCIATES, Plaintiff/Petitioner VS. STEVEN D. HAEHNLEN and ROBIN L. HAEHNLEN, Husband and Wife, Defendants/Respondents R-CPV' IN THE COURT OF COMMON PLEAS OF IN7 CUMBERLAND COUNTY, PENNSYLVANIA 05 - 530Ye, . CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this 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 I day of 2005, in Court Room No. Al , at 9;16o'clock _,?M. Counsel for Plaintiff is directed to direct Notice of this Hearing to Defendants/Respondents at their 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, ndrew C. Sheely, Esquire Attorney for Plaintiff ,a J. i n :r, f I I Z I i_ja Cjj, t1 ORCHARD HILLS ASSOCIATES, Plaintiff/Petitioner VS. STEVEN D. HAEHNLEN and ROBIN L. HAEHNLEN, Husband and Wife, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05 - 5304 CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this 9 ? 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 1989 Fleetwood Vogue, VIN NCFLK41A15740 V0, to Petitioner, Orchard Hills Associates, 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. Andrew C. Sheely, Esquire Attorney for Plaintiff ia?9?oS 7. BY THE COURT, ???-? ?j wU C `] ... ? .. _ _.. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 05215805 CAPITAL ONE BANK vs. DAVID J WITMAN and PNC BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 06-5304 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), PNC BANK, only WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the Day of November, 200! NOTARY PUBLIC COMM NbVEALTH OF PENNSYLVANIA NotaSeal Shaila G. Sevan, Notanj Public City Of Pittsburgh, Ai:;zghony County vly Commission Expires Nov.15, 201® Memher, PennsvlvaniE Association of Notarie<. 2009 DEC 14 P 3: 37 ?a3S6??