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Home My WebLink About05-5609 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRY MANOR WEST Plaintiff 'No. 05; -Sb()( (2lu~L~~ CIVIL ACTION - LAW v. MICHAEL EL Y Defendant MOTION TO TRANSFER OWNERSHIP OF ABANDONED VEHICLE AND NOW comes Plaintiff, COUNTRY MANOR WEST, by its attorney, Joseph Gothie of the Gothie Law Firm, LLC, and respectfully states the following: I. Plaintiff is the owner/operator of a mobile home park on or about 2 Apple Alley, in Carlisle, Cwnberland County, P A 17013. 2. Defendant, Michael Ely, rented a mobile home lot from Plaintiff, which lot is located at l-C Creekside Drive, Carlisle, Cumberland County, PA 17013. 3. On or about May 29,2002 the Defendant was named in a landlord-tenant action resulting from his failure to pay lot rent to Plaintiff. 4. On or about June 12,2002, a hearing was held before District Justice Day which resulted in a judgment for Plaintiff for possession of the property and money damages of$I,541.13 as against Defendant ("Judgment"). 5. That action filed with District Justice Day was the original action regarding this matter. 6. Because District Justice Day's Judgment was transferred to this Honorable Court, the original landlord-tenant action continues through this Honorable Court. 1 7. Contemporaneous with the filing of this motion, the money Judgment was transferred to the office of the Prothonotary of Cumberland County. 8. Plaintiff believes, and therefore avers, that Defendant has abandoned the mobile home, a 1985 Schult mobile home bearing vehicle identification number 37054807 ("Vehicle"). In support, Plaintiff avers the following: A. The Vehicle is no longer occupied; B. Utility service to the Vehicle has been terminated; C. Personal property was removed from the Vehicle; D. Nobody currently occupies, uses or maintaif\~. the Vehicle; and E. The Vehicle has been unoccupied for approximately 38 months. 9. It is believed that the Vehicle was abandoned on or about July 12, 2002. 10. Records from the Pennsylvania Department of Transportation ("PennDOT") indicate that the Vehicle is titled to the Defendant, Michael A. Ely. A true and correct copy of PennDOT's Vehicle Record Abstract regarding the Vehicle is attached as Exhibit A and incorporated by reference. 11. Defendant has done nothing to protect whatever interests he has, if any, in the abandoned Vehicle. 12. PennDOT's Vehicle Record Abstract regarding the Vehicle indicates that a lien on the mobile home exists under the name of Greentr~e Financial Corp. ("Lienholder"). See Exhibit A. 13. Lienholder has done nothing to protect whatever interests it has, if any, in the abandoned Vehicle. 14. Defendant has not satisfied the Judgment. 2 15. Defendant has not paid Plaintiff any rent since the issuance of the Judgment. 16. Plaintiff further believes and therefore avers that Defendant has not paid his Vehicle monthly loan payments, if any. 17. In order to cause a transfer of the title of an abandcned mobile home, Plaintiff is required by the Pennsylvania Department of Transportation to obtain a court order substantially similar to the proposed order attached to this Motion. A true and correct copy of Penn DOT's Methods of Disposing of Abandoned Vehicles from Private Property ("PennDOT Protocol") is attached as Exhibit B and incorporated by reference. 18. The Vehicle has been unattended for approximately 38 months as of the date of this motion. 19. Lienholder has failed to advance its interests to the best of Plaintiffs' knowledge, information and belief for nearly three years. 20. Plaintiff's costs associated with the abandonment of the Vehicle exceed $14,790.00 in rent, fees and maintenance costs, plus substantial attorney fees. 21. The failure of the Defendants and Lienholder to remove tbe home has caused and continues to cause substantial injury to Plaintiff resulting from Plaintiffs inability to rent the lot that is occupied by the Vehicle presently, 22, This motion is ancillary to the Judgment in the original landlord-tenant action filed with District Justice Day and transferred to this Honorable Court. 23. Plaintiff cites the rules and authorities to grant the requested relief in the memorandum of law that accompanies this Motion and incorporates those authorities by reference including Crafton v. Bd. OfProoerty A.~Q't. Apf'eals & Rev., 298 A. 2d 3 643.647 (Pa.Commw. 1972)(explaining that equity hasjurisdiclion where no sufficient statutory procedure exists); and the PennDOT Protocol (delineating the procedure for Plaintiff to follow to have an abandoned vehicle transferred to Plaintiff with all liens having been extinguished). 24. Plaintiffs requested relief is in full accordance with Crafton and the PennDOT Protocol and other Pennsylvania courts of common pleas decisions. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested in the attached Order, specifically awarding ownership of the Vehicle to Plaintiff and extinguishing any and all interests of any and all other parties to the Vehicle. Respectfully submitted, Date: \o(~/~~ , I lL--\-~ Go ie Law Firm LLC Joseph N. Gothie LD. No. 80390 11 East Market Street Suite 102 York,PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfirm.com 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/14/05 PAGE 1 OWNER MICHAEL A ELY 1 C CREEKSIDE DR CARLISLE PA 17013 TITLE NUMBER TAG NUMBER VIN 37054807 204305 MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS SCHULT YES NO TITLE BRAND INFORM~TION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME GREENTREE FINANCIAL CORP ADDRESS: 300 WEYMAN PLAZA SUITE 480 PITTSBURGH PA 15236 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 050141789000028 004 LESSEE NONE TITLE DATE 03/22/85 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING If lfEXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1985 STOLEN DATE EXPIRATION DATE, 08/08/25 ABA NO , ELT IND, INFORMATION, (7:00 IN STATE OUT-OF-STATE TOD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US ~ EXHIBIT ~ A ~ AM TO 9,00 PM) 1-80.0-932-4600 717-391-6190 1-800-228-0676 717-391-6191 -' METHODS OF DISPOSING OF ABANDONED VEHICLES FROM PRIVATE PROPERTY The following methods do not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator/owner of the vehicle violates such posted restriction, (1) Pursuant to Sections 3352(c) and 3353(c) of the Vehicle Code, the landowner may request a police department to declare the vehicle to be abandoned and to require a salvor to lake possession of the vehicle, (2) The landowner may personally remove the vehicle from his or her private property to a place of storage pursuant to Section 3353(c) of the Vehicle Code and may bring an action before a District Justice to recover the costs of removal and storage, The landowner must provide the vehicle owner reasonable notice of any action initiated before the District Justice, Once judgment is entered on behalf of the landowner and reasonable notice is provided to the vehicle owner, the vehicle may be sold at a Sheriff's sale in execution of the judgment. (3) The landowner may file suit in Common Pleas Court requesting that an order be entered that (1) awards ownership of the subject vehicle to the landowner and, (2) extinguishes the right, title and interest of any other person to said vehicle. Pursuant to Sections 1114(a) and 1116(b) of the Vehicle Code, the Department would be able to accept such a court order as evidence of ownership in lieu of a certificate of title, In order for the applicant to obtain a certificale of tille, a certified copy of the court order must accompany a completed MV-1 form, along with taxes, fees, and evidence satisfactory to the Department that reasonable notice of the court proceeding had been provided to the vehicle owner, and any other interested party, including anyone whose lien is endorsed upon the certificate of title for the vehicle according to the records of the Department. (NOTE: A sample court order is printed below,) A landowner may not repossess an automobile for the costs of storing the vehicle upon the landowner's private property unless the landowner is a bona fide warehouseman as provided by the Uniform Commercial Code, 13 P,S. Section 7102, et seq, A lien or bill incurred for repairs to a vehicle can be collected only by filing a complaint, obtaining judgment against the owner and having the vehicle sold at a Sheriffs sale to satisfy the judgment Notice of the proceeding must be provided to any person who has a lien endorsed upon the certificate of tille for the vehicle according to the records of the Department. SAMPLE COURT ORDER AND NOW, this day of , 20 , after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 20 _ ,[make], [model], bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person to said vehicle is hereby extinguished, The Department of Transportation may accept this order as evidence of ownership in lieu of a certificate of title, The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle, BY THE COURT: ,Judge ~ EXHIBIT <:> ~l ~ ~ FACT SHEET II DISPOSAL OF ABANDONED VEHICLES FROM PRIVATE PROPERTY PURPOSE This Fact Sheet provides information on disposing of vehicles which have been left on private property. DEFINITIONS OF TERMINOLOGY USED: ABANDONMENT: Abandonment involves an intention to abandon together with an act or omission to act by which such intention is carried into effect. "Abandoned property" is that to which an owner has relinquished all rights, title, claim and possession, with no intention of reclaiming it or resuming ownership or possession. ABANDONED VEHICLE: Section 102 of the Vehicle Code defines an abandoned vehicle in the following manner: (1) A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence: ( i ) The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours. ( ii ) The vehicle has remained illegally on a highway or other public property for e period of more than 48 hours. ( iii ) The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all the following: (A) A valid registration plate. (B) A current certificate of inspection. (C) An ascertainable vehicle identification number. ( iv ) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours. (2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned. PRIVATE PARKING LOT: A parking lot open to the public or used for parking without charge; or a parking lot used for parking with charge. (Section 3353(b) of the Vehicle Code). SAL VOR: A pelSOn engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding, or exchanging the vehicles or parts thereof. (Section 102 of the Vehicle Code). WAREHOUSEMAN: A person engaged in the business of storing goods for hire. (As defined in the Uniform Commercial Code U.C.C.). July 2003 .. over.. Bureau of Motor Vehicles. Research and Support Operations Section P.O. Box 68031 Harrisburg, PA 17106.8031 Visit us through the PA PowerPort at www.state.pa.us PA Keyword: DMV CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure S 440. Service by First Class and Certified Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 LIEN HOLDER: Greentree Financial Corp. 300 Weyman Plaza Suite 480 Pittsburgh, PA 15236 Service by First Class Mail addressed as follows: PRESUMPTIVE COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHIE LAW FIRM, LLC Date: iO(Q-(O<: By: ~ osep N. Gothie, Esquire I I East Market Street Suite 102 York,PA 17401 (7] 7) 848-8455 Attorney for Plaintiff , -60. -p U( G \t- !J\ U( ~., , ,. '< ~ " - ~'-~ ...:t lJ.l <> l; F {;J D l...j v.> t: - ~ ~ (" ~ --,- . ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTIFF RESIDE~!!~A~DR~s~ASE 'cOUNTRY MANOR WEST -, 2 APPLE ALLEY CARLISLE, PA 17013 L ~ VS. Mag_ Oist No OJ Name: Hon Address SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Tolophooo (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS 'ELY ETAL, MICHAEL 1-C CREEKSIDE DRIVE CARLISLE, PA 17013 L -, COUNTRY MANOR WEST 2 APPLE ALLEY CARLISLE, PA 17013 Docket No.: LT-0000147-02 Date Filed: 5/29/02 ~ .. THIS IS TO NOTIFY YOU THAT: Judgment. FOR PI.l\.IN'J.'JFF__. [!J Judgment was entered for: (Name) COUNTRY MANOR WEST o Judgment was entered against ELY ETAL, MICHAEL lXJ Landlord/Tenant action in the amount of $ L 541.13 on 6/12/02 The amount of rent per month. as established by the District Justice. is $ The total amount of the Security Deposit is $ .00 . Total Amount Established bl'.DJ Less' Security Deposit ApQ.li51d _ = Adjudicated A5[l],OUatO Rent In Arrears $ * 1,456.00 -$ .'00 - $ 1,4!.b. Physical Damages Leasehold Property $ .00 - $ .00 $ .00 Damages/Unjust Detention $ 00 - $ 00 $ .00 Less Amt Due Defendant from Cross Complaint $ .00 Interest (if provided by lease) $ 00 UT Judgment Amount $ 1 .456.00 Judgment Costs $ 85 .13 Attorney Fees $ 00 Total Judgment $ * 1,541.13 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ y Ime 0 eVlc Ion. D Defendants are jointly and severally liable. CORRECTED COPY in a (Date of Judgment) .00. * Attachment Prohibited/ Victim of Abuse (Act 5. 1996) D D [!] This case dismissed without prejudice. Possession granted. D D o o /911/3 Possession granted if money judgment is no sa IS Ie Possession not granted. Levy is stayed tor _ days or D generally stayed. Objection to Levy has been filed and hearing will be held: Date: Place: Time: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. iF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE. THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO ILE A N TICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON CIVIL DIVISION. THE PARTY FlUNG AN APPEAL MUST A COPY OF T ~ 12 D2- Date certl y t at t IS IS a true an ..:~ _ ~ -(')S Date - i My commission expire Anpr.."l1'iA_QQ T/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. , District Justice containing t e JU gment. , District Justice SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COUNTRY MANOR WEST Plaintiff I No. O)'-S-~OCJ v. I CIVIL ACTION - LA W MICHAEL EL Y Defendant MEMORANDUM OF LAW Backl!round: Plaintiff operates a mobile home park in or near Carlisle, Cumberland County, Pennsylvania. Defendant currently owns a mobile home ("Vehicle"), rented a mobile home lot from Plaintiff, and was evicted subsequent to a proceeding before District Justice Day for failure to pay his rent. Defendant left the property approximately 38 months ago, but has never removed the Vehicle from the Plaintiffs property. In the 38 months since Defendant was evicted from Plaintiffs mobile home park for non-payment of rent, the Vehicle has remained on its original rental lot, yet no rem has been paid on account of it. The current whereabouts of Defendant are unknown. The home apparently acts as collateral for a loan extended to Defendant by Greentree Financial Corp. which has a security interest in the home in the form of a motor vehicle lien ("Lienholder"). Mobile homes are titled as motor vehicles in Pennsylvania. Liens are not extinguished by Sheriffs sale. If Plaintiff were to force the property to a judicial sale, any buyer of the home would be required to satisfy the lien on the home. The problem is that the value ofthe lien greatly exceeds the value of the home. Therefore, no one would want to purchase the Vehicle at market value but pay substantially more than that for a free and clear title. All parties interested in the Vehicle, including Defendant and Lienholder, have actual or constructive notice of this Motion and the problems created by the Vehicle remaining on Plaintiffs property. For nearly 38 months, neither Defendant nor the Lienholder have taken any steps to remove the mobile home from Plaintiffs property. No specific law exists that allows or prevents Plaintiff from self-help and removing the Vehicle itself. However, Plaintiff cannot sell the Vehicle or junk it without first obtaining title to it. Also, Plaintiff is entitled to move the mobile home subject to restrictions related to back taxes and township permitting rules, but moving the Vehicle to a storage area simply transfers the problem from one location on Plaintiffs property to another. Plaintiff needs the requested court order in order to have the Vehicle removed from its premises. Plaintiff has been and continues to be prejudiced substantially by that failure to remove the Vehicle for every day the Vehicle obstructs an otherwise rentable lot. Specifically, Plaintiffloses rent on a daily basis, loses prospective long-term lessees to replace Defendant and incurs costs to maintain the Vehicle's lot. So far, since the issuance of the judgment for non-payment of rent, Plaintiff had suffered the loss of at least $14,790.00 in lost rent and other costs incurred, plus substantial attorney fees, as Defendant and Lienholder have still failed to remove the Vehicle. This figure increases every day. 2 Lel!al procedure for removal of mobile homes of third parties from private property: Pursuant to Section 68 P.S. 250.102 of the Landlord and Tenant Act of ]951, an "abandoned mobile home" means "the vacating of a mobile home by a resident without notice to the community, together with the nonpayment of required rent, fees, service charges and assessments and one or more of the following: I. The removal of most or all personal property from the mobile home. 2. Failure to use, maintain or return to the mobile home. 3. Cancellation of insurance covering the mobile home. 4. Termination of utility services to the mobile home." Per these criteria, the Vehicle can legally be considered to be "abandoned." Also, the Vehicle has been effectively abandoned by Lienholder because it has failed to act to protect its interests since Defendant's abandonment and has intentionally saddled Plaintiff with the costs of inventorying the Vehicle on Lienholder's behalf. Notably, there is no statutory procedure specifically addressing the steps necessary to remove a mobile home from private property. Section 68 P.S. 250.505 of the Landlord and Tenant Act of 1951 provides that owners of a mobile home park may remove mobile homes to a storage location upon a determination of abandonment. It does not provide any means for a landlord/park operator to dispose of a home at that point or to demolish it. A Pennsylvania trial court has jurisdiction as a Court of Equity if a statutory remedy ostensibly exists, but is functionally inadequate. Crafton v. Bd. Of Propertv Asm't, Appeals & Rev., 298 A. 2d 643,647 (Pa.Commw. 1972). In this case, equity jurisdiction is appropriate because Plaintitl'lacks an adequate statutory remedy; namely, no statute 3 allows or disallows Plaintiff the requested relief. Mobile homes are titled as motor vehicles by the Pennsylvania Department of Transportation ("PennDOT"). PennDOT will not issue a title for an abandoned vehicle without a court order. Park operators can obtain titles only by court order, judicial sale, or purchase. Pursuant to PennDOT's Methods of Disposing of Abandoned Vehicles from Private Property ("PennDOT Protocol"), "The landowner may file suit in Common Pleas Court requesting an order be entered that (I) awards ownership of the subject vehicle to the landowner and, (2) extinguishes the right, title and interest of any other person to said vehicle (emphasis original)." Furthermore, "Notice of the proceeding must be provided to any person who has a lien endorsed upon the certificate of title for the vehicle according to the records of the Department." A copy of the PennDOT Protocol is attached to the Motion as Exhibit B. Plaintiff has followed the PennDOT Protocol and requests this Honorable Court to issue the requested relief pursuant to that protocol. As a practical matter, courts have followed and adopted the PennDOT Protocol transferring titles of abandoned vehicles to mobile park operators and extinguishing any liens when circumstances show that: (l) the record owner has abandoned the home pursuant to the objective criteria established by the Legislature (referenced above), and (2) lien holders have failed to act diligently to enforce their priority-of-claim rights under a security instrument. In fact, the Berks, Dauphin and York County Courts of Common Pleas have reviewed this issue, followed the PennDOT Protocol and ordered the requested relief in previous, similar abandoned mobile home appeals. GSP Management Co. v. Kline, Berks County docket number 05-1861 (Exhibit I); GSP Management v. Fleck, Dauphin County docket number 1633 NT 2004 (exhibit 2); York Community 4 Management v. Wise, York County docket number 2004-NO-2055- Y31 (Exhibit 3); York Community Manal,!ement v. Friday, York County docket number 2004-NO-1746-YOl (Exhibit 4 ); York Community Management v. Passalacqua, York County docket number 2004-NO-002174-Y18 (Exhibit 5); and York Community Management v. Stambaugh, York County docket number 2004-NO-2056-Y31 (Exhibit 6). In the absence of a court order, mobile homes subject to excess liens remain on otherwise rentable lots for indefinite periods of time. Such a park operator thus would suffer immense daily hardships including: 1. loss of rent or storage fees (currently in excess of $14,790.00 in this case); 2. payment of taxes on otherwise income-producing property; 3. compounding costs associated with maintaining its rental lot obstructed by Defendant's abandoned Vehicle such as lawn mowing and landscaping services; 4. criminal trespasses by strangers seeking a haven to conduct illicit activities; 5. declining park community morale and adhesion based on the "Broken Windows" theory]; and "A successful strategy for preventing vandalism ... is to fix the problems when they are small. Repair the broken windows within a short time, say, a day or a week, and the tendency is that vandals are much less likely to break more windows or do further damage. Clean up the sidewalk every day, and the tendency is for litter not to accumulate (or for the rate of littering to be much less). Problems do not escalate and thus respectable residents do not flee a neighborhood. The theory thus makes two major claims: 1) further petty crime and low-level anti-social behavior will be deterred, and thus 2) major crime will be prevented." http://en.wikipedia.orglwiki/Broken_Windows_Theory. "Well, I very much subscribe to the "Broken Windows" theory, a theory that was developed by Professors Wilson and Kelling, 25 years ago maybe. The idea of it is that you had to pay attention to small things, otherwise they would get out of control and become much worse. And that, in fact, in a lot of our approach to crime, quality of life, social programs, we were allowing small things to get worse rather than dealing with them at the earliest possible stage. That approach had been tried in other cities, but all small cities, and there was a big debate about whether it could work in a city as large as New York. One of the ways that New York used to resist any kind of change was to say, "It can't work here," because they wanted to keep the status quo. There is such a desire for people to do that, to keep the 5 6. a dramatically increased susceptibility of the abandoned Vehicle to insect and/or rodent infestation establishing a base to further colonize the remainder of the park. Those costs compound daily and the nuisances blight the mobile home park for all other tenants and reduce the marketability of available rental lots to prospective tenants. Those hardships are endured not through the fault of the mobile home park operator, but because the other "interested" parties have walked away from the situation and punted any rights or interests to another day - all at compounding hardships to the park operator. Equity favors the vigilant actively protecting its property and not the dilatory resting on their laurels, especially where the vigilant suffer continued irreparable hardships imposed by the others' dilatory ambivalence. In addition, Plaintiff cannot sell the Vehicle to obtain relief from the situation as the Lienholder is required to be paid, in full, by the purchaser of the property. In situations such as the present one, the value of the lien typically greatly exceeds the value of the home, and no purchasers will avail themselves of the opportunity to acquire the home at sale. The Lienholder is not required to bid on the home to protect its interests. It is important to note that by granting the requested relief, this Court will not interfere with the existence or balance of any loan between Defendant and Lienholder. The issue is whether Lienholder maintains a priority over other creditors, even though it has status quo. And I thought. "Well, there's no reason why it can't work in New York City. We have bigger resources. We may have bigger problems, we have bigger resources, the same theory should work." So we started paying attention to the things that were being ignored. Aggressive panhandling, the squeegee operators that would come up to your car and wash the window of your car wh<:ther you wanted it or not -- and sometimes smashed people's cars or tires or windows -- the street-level drug-dealing; the prostitution; the graffiti, all these things that were deteriorating the city. So we said, "We're going to pay attention to that," and it worked. It worked because we not only got a big reduction in that, and an improvement in the quality of life, but massive reductions in homicide, and New York City turned from the crime capital of America to the safest large city in the country for five, six years in a row." Former New York City Mayor Rudolph Giuliani, http://www.achievement.org/autodoc/page/giuOint-4 (May 3. 2003). 6 abandoned, or constructively abandoned, its lien interests. Mobile home park operators cannot control whether park residents choose to have liens on their homes. The possibility of home equity loans being obtained by park residents after move-in dates prevents even astute park operators from avoiding this issue by banning liened vehicles from entering the park. In short, there are no adequate remedies at law for park operators to remove homes which have been abandoned by record owners when lien holders fail to exercise their rights against liened property, unless the park operators wish to become, essentially, unwilling guarantors for park residents for loans secured by mobile homes. As time progresses, presumably, the situation is exacerbated by an increased loan balance due Lienholder by Defendant, a decreased Vehicle value through depreciation and mounting costs suffered by Plaintiff. In other words, the situation is only going to get worse and Plaintiff requests permission to cut its losses now. Lienholder and Defendant, the abandoners of the Vehicle, continue to be unjustly enriched through the enshrining of the interests, to the detriment of the Plaintiff, who has actually been trying to defend its interests and thus the equities ofthe situation have currently been stood on their head. As a matter of fundamental fairness, mobile park operators must be able to remove abandoned, Iiened vehicles from their otherwise income producing rental lots. The requested relief is the only fair way to do that. Accordingly, Plaintiff requests this Honorable Court to transfer title of the abandoned Vehicle to Plaintiff and extinguish all liens regarding that Vehicle in order for Plaintiff to remove the Vehicle from its rental lot and be able to re-lease that rental lot. 7 Date: Respectfully submitted, i !J (7((\ .<;". G hi Law inn LLC Joseph N. Gothie I.D. No. 80390 II East Market Street Suite 102 York, PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfinn.com 8 I I I IN THE COURT OF COMMON!PLEAS OF BERKS COUNTY, . PENNS1V ANIA. . GSP MANAGEMENT CO. T/DIBIA . VlLLAGE OF'PLEASANT HILLS o. U) - )' ~" ! . Plaintiff , .-L.~~:' \ v. KATHY KLINE Defendant ~~. AND NOW,1his. i (i day of -.j!:}~>'. IVIL ACTION. LAW R ~c;f.- ,2005, after reasonable ilL noti.ce and an opportunity for hearing having b en provided to all interested parties, the Court hereby awards ownership of one Reclm D mobile home, model year 1999. bearlnl vehieJe ideDtUicatioll number 1223 .88 to York Cilmmunity MaBagemellt, and the right, title and interest, including liens of any other person to said vehicle is hereby extinguished. The Department ofTran non shall accep~ this order as . evidence of ownership in lieu of a certificate 0 title. The Petitioner shaU submit the appropriate fonns, taxes and fees and comply 'th any other llrocedures ofllie Departmellt of Transportation in order to recei e the appropriate certificate of title. NOTICE IS HERE8Y GIVEN OF THE ENTRY OF THI~ ORDER OR OECREE PURSUANT TO AUlS,II>',C.P. 236 'YOU ARE NOTIFIED THAT THIS. ORDEFi/DOCUMENl HAS BEEN FILED IN Tfi!\' .~OTHONorAAY'S OFFlCi OF BERKS COUNTY ANI:1.1'tIlS IS .AN EXTRACT FROM THe: RECORD OF SAID OOURT CERT/Ff!'O THIS tt.1.rm. CAY OF. m.. ~ . ~ . 20 r"\..~ ...-,..... R.~.utton. jJi~lh(,)f.,.::"'-'ry . ........d,..... S;a.......&....- _Oaput)t ...' .1.. l.J ~ ;ti 1 ~o:I (;) ~ S; r~,1 ;! ;'''~::;:~~ ",. ~::o ~ --"1 :;:,>::<.1') ~~c-> - ~;:-:~.~.l - :.. rrl ;: :,ri1c.l ss: '0- ~::;?'..,S ::<< :.---!(....-,;;{ 1] cJjl"l :\~;.. t.:..",:,,-< r;;3 00 ~.~~~ .." .." a- t'; M ,- o -- IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLV ANlA GSP MANAGEMENT !~.. I Plaintiff ;r::.. ;g (~: [q No. 1633 NT 2004 -'J "'U::t; ""tI <::::lo ,..,... :-I~~ v. ~~ - :r....,~ CIVIL ACTION - LAW ::e("') 0'\ 0- >0 ::i:c:l"" EARL FLECK :to. 0""- c::: 3: ::--/O~ :J:: Defendant -; ~ ~'"PJ,c::, --< - -<: . AND NOW, this ORDER / ~ J]fdaY of [imPJ/JFf. 2004, after reasonable notice and an opportunity for hearing having been provided to all inteIested parties, the Court hereby llwards oWnerShip of one 1990 Foster mobile home bearing vehicle identification number 03FR12076 to GSP Management Co., and the right, ti1:l;e and interest, including liens, of any other person to said vehicle is hereby' extinguished. The Department of Transportation shall accept this order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title. SEP20 200+ I Ilaroojl certIfy rhat t/}.~ t0r~goklg Is a :.:,""..... '''''~...".. ~e.h~. - ("0 ..J.:',;'.' . "'.:"J . .' '. ~.~....'~. "(1E "'c,~'.~'~ddf:Y~~..' ".'" ..,....... 1l'1. ,..... .~. . . ,,' . ..' ~."''N'~' ..,.".. . ..",.' y .' '. . . . . '. .' . .. . . ..' . . . ' . . . . .' . ..... .~ ..y~~~.... ..~p,; 1'~""" . $?Y.".. ," .... ",;;::,":. No:l~)04.~?OS5~~~\ '. . c,.,r,n., AC1lO1'l-1.Jr>. W . . . .,.Sf, . ..., ..., .- e ~.~ -<c: i::e' '? ~i -1 !\ , ~'l '!; ,i~ '* ... ...... .Ji . __. ..-c ..,. _ .. ~ A 1.A ~ ...,asll.1J1LA:'WlSE W~"'" . " 91Jmtll ..' . f/' '1L. . /),7.(J04,~~L.F~. . '. ,,,.'l)l'O......~""of .' .' '. ." ,;..,...... ----~ -.,.:.... ~ ..........."'..,..,............... . . . . . _ . ~o._l....-..--.............- . ""'" - ...,...--. ....,..-"""""'..-", .........."""" " -~_..... . ...-..... --.................. ........ ...........- ,,,,,,. .. """, c.--- . . ..' . . . . . ........ _ .._~ """ _.....,t . of",,-~ .' ..,. " . ". . ..~. ,'. .... ............- .....,....,. "'."...... "'_.....-.. .~ ." .......- ...~... -""......- ...-...--".... ""......~of...~of~"'................. ~~6ft\tte. 'B . 1. ..,' , IN THE COUI.tT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA YORK COMMUNITY MANAGEMENT Plaintiff No.2004-NO-1746-YOl v. CIVIL ACTION . LAW JOSEPH FRIDAY and DORIS M. FRIDAY, his wife, a.k.a. DORIS EATON Defendant -:J .. J ORDER AND NOW, this $- day of ~\J+- ,2004, after reasonable notice and an opportunity for hea:ringhaving been provided to all interested. parties, the Court hereby awards ownership of one 1998 Redman mobile home bearimg the vehicle r'" C ""'c ~~, ~:i,;. . C ~c:: J:> u-.. (: e'l '!? ~ ~ c:t' ""'" ~ ~ c;") ('0..) . , -- I ~~ identificationnmnber 12232432, situated at 708 Laura Lane, York, PA 17402 to York Community Management, and the right, title and interest, inclu}i.ng liens, of any other person to said vehicle is hereby extinguished. The Department ofTtanSp01't8tion shaI1 accept this order as evidence of ownership in lieu of a certificate of title. The Plltitioner sball submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title. f- IN THE COUllT OF COMMON PLEAS OFYOIlK Comn'Y. PENNSYLVANIA yon coMMUNITY MANAGEMENT P1aiIXtiff v. Crvn. AC'l'IO'N . LAW c-:. ,,0 c: O;:;c .'::t:J___ :;1<;::x: "0 '"1:Ic >(Jl M 'i ~ t- .- F ':' N ';;l~ Cf'\ . '{....... ~hi ~, '::?t< :J;ft'1 0"" '\0 :z: .. <:> ~ > '1:- ' ~ ~o.200~N~174-Y18 LBSuB PA$SAUCQUA Defcmdant ' r ORDEB. AND NOW, tbi~ ~ de.y of ~-' 2004, IIilerrHllmable notice and an opportul1ity for hearing having ~ ~aed to all futerelild plrties, the .' Court hereby awar4a ownership of one 1992 Skyline mobile home heIrIna t:he vehicle . identification number 3311 0707E, situated at 55 Northwood~, Yotk. HaWD;.P A 17370 to Yode Comm\U'lity Management, and the right, title and imlenst, iBcludina liClD8, of any oth<<,pcrson to said vehicle is hereby extlJIguished, Tile Department of Transportation sballaccept this order as evidence of ownership in lieu of a certi.fI.oate of title. The Petitioner shall submit the appropriate forms, taxes and fees !Wi comply with , any other procedures of the Departmetrt of Transportation in order to receive the appropriate certificate of title, , . f'i)';;" t::u". '~.... t";:") "H.... . . ',.,,'. . . . ' . . , . . . . . . INTBECOUltTOF COMMON PLEAS or VOltKCOUJllTY, . 'P~NN$YLVANIA YORK. COMMUNITY MANAGEMENT PlaUItiff ..'Y. .> r' StamJ...<...... un.. ._ Defendmt . No.20Q4.:NO"20S6.Y31 '.' CIVIL ACTION -LAW . . OlIDER .'r. . ANDNOW,tfUs l day of . . 2004 iliftettlllllO.,......- . ,'", ~ . rlotice and anoPPortumtyf6r hearing having been' videcho' all itliter.st..apvtie~the . . - . '. ' . . . . . court hereby aWKds oWnmliip of one 1984 Sk:y1inemobile ~ beBiriiDi the vehicle iden1ifiClition mimbel' 32rOO709,si~ at 301 Brooklyn Drive, York, 'PAt74'02 to Y ark C~ty t.u.......ement, and the right, title and intereSt,~1udii:i&. u...of my . otb.erper5Ol1tosaidvehicle is hereby extinguished. TheDepl!l:lJli!li.emof~1iOCl . shall aCcept tisorGler liS evidence of ownership in lieu of a~' oftitle..The . Petitioner sba.ll submiUb.e "W-apriate forms, taxes and fees aad comply With iI1Y other proceduies oftb.e ~ of Transportstion in order to receivetb.e'~ certificate of title. ,.~.' ,.~ ',7... '5 .~ '.~."~ 10 .f='. .,,~ ~.c:: " ~C" .<2::0. . :;Qt' ~....,. - a'" ~% ...... . 0 ..lI!'!...' :1:' "'Q~' .:lIL' "0' 'J" . .,pS , .. ~ - ::< ."..... .... CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure S 440. Service by First Class and Certified Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 LIEN HOLDER: Greentree Financial Corp. 300 Weyman Plaza Suite 480 Pittsburgh, PA 15236 Service by First Class Mail addressed as follows: PRESUMPTIVE COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 (6 ( ;1-(\ .~ By: J se N. Gothie, Esquire II East Market Street Suite 102 York, PA 17401 (717) 848-8455 Attorney for Plaintiff Date: . '1::'~~-' ~'G'rVED 1 . '.---'.. .~- \ on ~ .. 2005 I U3Y:~b~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I \ .' \ COUNTRY MANOR WEST Plaintiff i No. 0 S' - .\L6<f I CIVIL ACTION - LAW I C~~l\..l~ v. MICHAEL EL Y Defendant RULE TO SHOW CAUSE AND NOW, this 'Jltdayof ~~ ,2005, a rule is hereby issued upon Defendant, Michael Ely, and lienholder, Greentree Financial Corp., to show cause why the attached Motion to Transfer Ownership of Abandoned Vehicle should not be granted. This rule is returnable u> days from date of service and must include an Answer to Plaintiffs Motion. Proof of service of the motion and rule to show cause must be tiled with the Prothonotary. If service of the motion and rule to show cause cannot be made, plaintiff should file a motion for service by publication in accordance with the Pennsylvania Rules of Civil Procedure. . J;cP \ \/C) ;7j J. ,...,.,'1,....,1"\ ":"~i 1.J I 0 :g WV 1- AON SOOl A8Y10iD'-:lUJJ 3Hl :10 38UJO-03ll:l ",_._-_.-..._~,._-----.------ -----..- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRY MANOR WEST Plaintiff No. 05-5609 Civil Term v. CIVIL ACTION - LAW MICHAEL EL Y Defendant MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Joseph N. Gothie, Esquire, moves this Honorable Court for an Order directing service of the Motion to Transfer Ownership of Abandoned Vehicle upon the above-captioned Defendant, Michael Ely, by publication and first-class mail to the Defendant's last known addresses of 1-C Creekside Drive, Carlisle, PA 17013. In support of this Motion, plaintiff avers the following: 1. Plaintiff entered judgment against the above-captioned Defendant. 2. Plaintiff has made a good faith effort to locate Defendant Michael Ely. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit A and incorporated by reference. Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Motion to Transfer Ownership of Abandoned Vehicle, and all other legal process to be served upon Defendant, Michael Ely, to be made by publication, and all subsequent documents to be by first-class mail to Defendant's last known address. , ~ ';6\0<' DA E Respectfully submitted, !t.~ JOS N, GOTHlE, ESQ. Attorney for Petitioner l.D. NO. 80390 GOTHIE LA W FIRM LLC (717) 848-8455 11 E. Market Street Suite 102 York, PA 17401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA COUNTRY MANOR WEST Plaintiff No. 05-5609 Civil Term v. CIVIL ACTION - LAW MICHAEL EL Y Defendant AFFIDA VlT OF REASONABLE INVESTlGA TlON JOSEPH N. GOTHIE, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff, Country Manor West, in this action and as an attorney he is duly authorized to make this affidavit on behalf of the Plaintiff. Specifically, the Plaintiff, directly or through its attorney, has: 1. Searched computer skip trace databases in order to makc a good faith etTort to serve the Motion to Transfer Ownership of Abandoned Vehicle upon Defendant, Michael Ely; 2. Searched Pennsylvania vehicle title records for the vehicle registered to Michael Ely; 3. Requested Freedom ofInformation Act data from the United States Post Office of last known address regarding any forwarding addresses for Defendant; 4. Searched public records for Michael Ely; and 5. Checked online telephone directories for Defendant. ~ EXHIBIT ~ A ,~ Despite the efforts of the Plaintit1'to serve the Defendant Michael Ely, the attempts have been unsuccessful. Respectfully submitted, l\ ho\ (7 S DATE ~. I /( ~ JOS. N. GOTHlE, ESQ. Attorney for Petitioner 1.0. NO. 80390 GOTH1E LAW FIRM LLC (717) 848-8455 II E. Market Street Suite 102 York, PA 17401 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure 9 440. Service by First-Class Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHIE LAW FIRM, LLC Date: id)ol \-- r I By: /l seph . Gothie, Esquire 11 East Market Street Suite 102 Yorlc PA 17401 (7 I 7) 848-8455 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COUNTRY MANOR WEST Plainti ff No. 05-5609 Civil Term v. CIVIL ACTION - LAW MICHAEL EL Y Defendant MEMORANDUM OF LAW Because Plaintiff has been unable, despite its best efforts, to serve Defendant through conventional methods, PlaintilT requests permission to serve Defendant pursuant to Pennsylvania Rule of Civil Procedure 430(a). That rule specifically provides: "(a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d603 (1976). An illustration of good faith etTort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records, and motor vehicle records." As indicated by the Affidavit attached to Plaintiffs Motion for Service Pursuant to Special Order of the Court as Exhibit A and incorporated by reterence, a good faith effort to discover the whereabouts of the Defendant has been made. Accordingly, Plaintiff respectfully requests service ofthc Motion to Transfer Ownership of Abandoned Vehicle upon the Defendant, Michael Ely, to be madc by publication and all subsequent documents to be by first-class mail to the Defendants' last known address. ,(bolos DATE Respectfully submitted, ~ ~1L:Q ~THlE,ESQ. Attorney for Petitioner J.D. NO. 80390 GOTHlE LAW FIRM LLC (717) 848-8455 11 E. Market Street Suite 102 York, PA 17401 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure ~ 440. Service by First-Class Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHIE LAW FIRM, LLC ",C Date: II J"--~D /() ,~- I I By: ph . Gothie, Esquire 1 East Market Street Suite 102 York, PA 17401 (717) 848-8455 Attorney for Plaintiff ~., , - c.... --I , .1-' ----- _/ '\ DEe 0 fiLO05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, c; PENNSYLVANIA COUNTRY MANOR WEST Plaintiff No. 05-5609 Civil Term v. CIVIL ACTION - LAW MICHAEL EL Y Defendant ORDER AND NOW, this 6' day of ')c ,. .4.r ,2005, upon reasonable consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Motion to Transfer Ownership of Abandoned Vehicle on the above captioned Defendant, Michael Ely, in the newspaper of record and legal publication for Cumberland County. Service of the notification by publication is effective upon the date of publication and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Ot1ice an Affidavit as to the service. After the service by publication is completed, all subsequent documents may be served upon Defendant through first-class mail to Defendant's last known address. BY THE COURT: /IlL J. 2'rc,L'-I' ,'_ --'-"', -n """ ',. i"l} i . ": ~ . I.,:.....; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COUNTRY MANOR WEST Plaintiff No. 05-5609 Civil T(:rm v. CIVIL ACTION - LAW MICHAEL EL Y Defendant MOTION TO MAKE RULE ABSOLUTE AND NOW comes Plaintiff, COUNTRY MANOR WEST, by its attorney, Joseph Gothie of the Gothie Law Firm LLC, and respectfully states the following: 1. Plaintiff filed a Motion to Transfer Ownership of Abandoned Vehicle and Memorandum of Law with the Cumberland County County Court of Common Pleas on October 28,2005. See Exhibit A. 2. This court issued a Rule to Show Cause in the matter on November 3, 2005. See Exhibit B. 3. Plaintiff served copies of the Motion to Transfer Ownership of Abandoned Vehicle, Memorandum of Law, and the Rule to Show Cause on the Defendant, Michael Ely, through special service by publication in the Cumberland Law Journal on December 23,2005 and The Sentinel on December 15,2005 by permission of this Honorable Court. See Exhibit C. 4. Plaintiff served copies of Motion to Transfer Ownership of Abandoned Vehicle, Memorandum of Law, and the Rule to Show Cause upon the lienholder, Greentree Consumer Discount Company, through its counsel, by first-class mail on or about November 7, 2005. See Exhibit C. 5. Plaintiff avers that more than 20 days have passed since Defendant and Lienholder were served with copies of Plaintiffs Motion to Transfer Ownership of Abandoned Vehicle, Memorandum of Law, and this Court's Rule to Show Cause in the matter. 6. Plaintiff has received consent to the requested relieffrom Lienholder which has abandoned its lien interests. A copy of correspondence's containing that consent and abandonment is attached to the Proof of Service in this matter. See Exhibit C. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested in the attached Order, specifically awarding ownership of the mobile home referenced in Plaintiffs Motion to Transfer Ownership of Abaadoned Vehicle (Exhibit A) to Plaintiff and extinguishing any and all interests of any and all other parties to the referenced Vehicle. Date:~( :Io/OG Respectfully submitted, ~"A' ./1-' ....--../ /'''~ / / //;' (' : i /'2)' .' ,.-<, Gothie Law Fiml LLC Joseph N. Gothic LD. No. 80390 11 E. Market Street Suite 102 York, PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, JPENNSYL VANIA COUNTRY MANOR WEST Plaintiff No. v. CIVIL ACTION - LA W MICHAEL EL Y Defendant ORDER AND NOW, this ____ day of , 2005, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one Schult mobile home, model year 1985, bearing vehicle identification number 204305 to Country Manor West, and the right, title and interest, including liens, of any other person to said vehicle is hereby extinguished. The Department of Transportation shall accept this order as evidence of ownership in lieu ofa certificate of title. The Petitioner shall submit the appropriate j()11l1S, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate celiificate of title. I3Y TIlE COPRI: .I. ~ EXHIBIT !!I ~ A ~~ COUNTRY MANOR WEST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA i I , No. I v. CIVIL ACTION - LA W !-~~ MICHAEL EL Y Defendant (:', ,., ~ C .' MOTION TO TRANSFER OWNERSHIPO]~ ABANDONED VEHICLE ,\1 ...",.~ AND NOW comes Plaintiff, COUNTRY MANOR WEST, by its attorney, Joseph Gothie of the Gothie Law Firm, LLC, and respectfully states the following: 1. Plaintiff is the owner/operator of a mobile home park on or about 2 Apple Alley, in Carlisle, Cumberland County, P A 17013. 2. Defendant, Michael Ely, rented a mobile home lot from Plaintiff, which lot is located at I-C Creekside Drive, Carlisle, Cumberland County, PA 170]3. 3. On or about May 29, 2002 the Defendant was mun.;d in a landlord-tenant action resulting from his failure to pay lot rent to Plaintiff. 4. On or about June ]2,2002, a hearing was held before District Justice Day which resulted in a judgment for Plaintiff for poss~ssion of the pr\'perty and money damages I of $] ,54].] 3 as against Defendant ("Judgment"). 5. That action tiled with District Justice Day was the original action regarding this matter. 6. Because District Justice Day's Judgment was transferred to this Honorable Court, the original landlord-tenant action continues through this Honorahle Court. , 7. Contemporaneous with the filing of this motion, the money Judgment was transferred to the office of the Prothonotary of Cum berland County. 8. Plaintiff believes, and therefore avers, that Defendant has abandoned the mobile home, a 1985 Schult mobile home bearing vehicle identification number 37054807 ("Vehicle"). In support, Plaintiff avers the following: A. The Vehicle is no longer occupied; B. Utility service to the Vehicle has been terminated; C. Personal property was removed from the Vehicle; D. Nobody currently occupies, uses or maintaip~ the Vehicle; and E. The Vehicle has been unoccupied for approximately 38 months. 9. It is believed that the Vehicle was abandoned on or about July 12,2002. 10. Records from the Pennsylvania Department of Transportation ("PennDOT") indicate that the Vehicle is titled to the Defendant, Michael A. Ely. A true and correct copy of PennDOT's Vehicle Record Abstract regarding the Vehicle is attached as Exhibit A and incorporated by reference. 11. Defendant has done nothing to protect whatever interests he has, if any, in the abandoned Vehicle. 12. PennDOT's Vehicle Record Abstract regarding the Vehicle indicates that a lien on the mobile home exists un~er the name of Greentr~e Financial Corp. ("Lienholder"). I See Exhibit A. 13. Lienholder has done nothing to protect whatever interests it has, if any, in the abandoned Vehicle. 14. Defendant has not satisfied the Judgment. 2 . ] 5. Defendant has not paid Plaintiff any rent since the issuance of the Judgment. 16. Plaintiff further believes and therefore avers that Defendant has not paid his Vehicle monthly loan payments, if any. 17. In order to cause a transfer of the title of an abandcned mobile home, Plaintiff is required by the Pennsylvania Department of Transportation to obtain a court order substantially similar to the proposed order attached to this Motion. A true and correct copy of Penn DOT's Methods of Disposing of Abandoned Vehicles from Private Property CPennDOT Protocol") is attached as Exhibit B and incorporated by reference. ]8. The Vehicle has been unattended for approximately 38 months as of the date of this motion. 19. Lienholder has failed to advance its interests to the best of Plaintiffs' knowledge, information and belief for nearly three years. 20. Plaintiffs costs associated with the abandonment of the Vehicle exceed $14,790.00 in rent, fees and maintenance costs, plus substantial attorney fees. 21. The failure of the Defendants and Lienholder to remove tb" home has caused and continues to cause substantial injury to Plaintiff resulting frorn Plaintiff's inability to rent the lot that is occupied by the Vehicle presently. 22. This motion is ancillary to the Judgment in the original landlord-tenant action filed with District Justice Day and transferred to this Honorable COllrt. 23. Plaintiff cites the rules and authorities to grant the requested relief in the memorandum of law that accompanies this Motion and incorporates those authorities by reference including Crgfton v. Bd. Of Pro pert V A.~m'LAppeals & Rev., 298 A. 2d . 3 643.647 (Pa.Commw. I 972)(explaining that equity has jurisdiclion where no sufficient statutory procedure exists); and the PennDOT Protocol (delineating the procedure for Plaintiff to follow to have an abandoned vehicle transferred to Plaintiff with all liens having been extinguished). 24. Plaintiffs requested relief is in full accordance with Crafton and the PennDOT Protocol and other Pennsylvania courts of common pleas decisions. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested in the attached Order, specifically awarding ownership of the Vehicle to Plaintiff and extinguishing any and all interests of any and all other parties to the Vehicle. Respectfully submitted, Date: I' I /' ~" ..-.... I ,.." I c) ( (.,,( f \\ .)- A ..1,' .1 ;;; /.f 1/ i'l .. !. I \ /j",r, .'.' . /"\ . ,/ / /' / i i' / ,,- L-""-L..---'!\..,- Gothie Law Firm LLC Joseph N. Gothie J.D. No. 80390 II East Market Strect Suite 102 York,PA 17401 V: (717) 84~.8455 r: (717) 848.84<'\C\ E: joe@yorklmvfirm.com 4 PENNSYLVAI DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/14/05 PAGE 1 OWNER MICHAEL A ELY 1 C CREEKSIDE DR CARLISLE PA 17013 TITLE NUMBER TAG NUMBER VIN 37054807 204305 MAKE MODEL RENEWAL WID PREVIOUS TAG LI ENS STOPS SCHULT YES NO TITLE BRAND INFORM~TION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO.1 NAME GREENTREE FINANCIAL CORP ADDRESS, 300 WEVMAN PLAZA SUITE 480 PITTSBURGH PA 15236 NO 2ND DR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO, DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 LESSEE NONE 050141789000028 004 TITLE DATE 03/22/85 REGISTRATION EXPIRY DATE, BODY TYPE MH ODOMETER READI NG 3< 3<EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1985 STOLEN DATE EXPIRATION DATE, 08/08/25 ABA NO , ELT IND: IN~ORMATION: (7,00 IN'STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US ::i EXHIBIT " i A -' ~ " AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 - METHODS OF DISPOSING OF ABANDONE!lJ[EHICLES FROM PRIVATE PRO~Y The following methods do not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator/owner of the vehicle violates such posted restriction. (1) Pursuant to Sections 3352(c) and 3353(c) of the Vehicle Code, the landowner may request a police department to declare the vehicle to be abandoned and to require a salvor to take possession of the vehicle. (2) The landowner may personally remove the vehicle from his or her private propelty to a place of storage pursuant to Section 3353(c) of the Vehicle Code and may bring an action before a District Justice to recover the costs of removal and storage. The landowner must provide the vehicle owner reasonablE! notice of any action initiated before the District Justice. Once judgment is entered on behaif of the landowner and reasonable notice is provided to the vehicle owner, the vehicle may be sold at a Sheriff's sale in execution of the judgment. (3) The landowner may fiie suit in Common Pleas Court requesting that an order be entered that (1) awards ownership of the subject vehicle to the landowner and, (2) extinguishes the right, title and interest of any other person to said vehicle. Pursuant to Sections 1114(a) and 1116(b) of the Vehicle Code, the Department would be able to accept such a court order as evidence of ownership in iieu of a certificate of title. in order for the applicant to obtain a certificate of title, a certified copy of the court order must accompany a completed MV-1 form, along with taxes, fees, and evidence satisfactory to the Department that reasonable notice of the court proceeding had been provided to the vehicle owner, and any other interested party, including anyone whose lien is endorsed upon the certificate of title for the vehicle according to the records of the Department. (NOTE: A sample court order is printed below.) A landowner may not repossess an automobile for the costs of storing the vehicle upon the landowner's private property unless the landowner is a bona fide warehouseman as provided by the Uniform Commercial Code, 13 PS. Section 7102, et seq. A lien or bill incurred for repairs to a vehicle can be coilected only by filing a complaint, obtaining judgment against the owner and having the vehicle sold at a Sheriffs sale to satisfy the judgment. Notice of the proceeding must be provided to any person who has a lien endorsed upon the certificate of title for the vehicle according to the records of the Department. SAMPLE COURT ORDER AND NOW, this day of , 20 , after reasonable notice and an opportunity for hearing having been provided to ail interested parties, the Court hereby awards ownership of one 20 _ ,[make], [model], bearing vehicle identification number to [name of applicant], and tl1e right, title and interest of any other person to said vehicle is hereby extin!Juished. The Dpn~r1ment of Transportation may accept this ';p ! , order as evidence of ownership in lieu of a certificate of title. The Petitioner shall I submit the appropriate forms, taxes and fees and comply ",!ith any other procedures of the Department of Transportation in order to receive tile aPPropriate certificate of title for said vehicle. BY THE COURT: , Judge ':" " " w ~ ~ >-' '" -' ~ " l EXHIBIT FACT SHEET ~ DISPOSAL OF ABANDONED VEHICLES FROM PRIVATE PROPERTY PURPOSE This Fact Sheet provides information on disposing of vehicles which have been left on private property. DEFINITIONS OF TERMINOLOGY USED: ABANDONMENT: Abandonment involves an intention to abandon together with an act or omission to act by which such intention is carried into effect. "Abandoned property" is that to which an owner has relinquished all rights, title, claim and possession, with no intention of reclaiming it or resuming ownership or possession. ABANDONED VEHICLE: Section 102 of the Vehicie Code defines an abandoned vehicle in the following manner: (1) A vehicie (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence: ( i ) The vehicle Is physically inoperable and is lelt unattended on a highway or other public property for more than 48 hours. ( if ) The vehicie has remained illegally on a highway or other public property for a period of more than 48 hours. ( iii ) The vehicle is left unattended on or along a highway or other pUbliC property for more than 48 hours and does not bear all the following: (A) A valid registration plate. (B) A current certificate of inspection. (C) An ascertainable vehicie identification number. ( iv ) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours. (2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned. PRIVATE PARKING LOr: A parking lot open to the pyblic or used for parking without charge; or a parking lot used for parking with charge_ (Section 3353(b) of the Vehicle Code).' \ SAL VOR: A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding, or exchanging the vehicles or parts thereof. (Section 10:2 of the Vehicle Code)_ WAREHOUSEMAN: A person engaged in the business of storing goods for hire. (As defined in the Uniform Commercial Code U.C.C.). July 2003 .. over.. Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031 Harrisburg, PA 17106-8031 , , Visit us through the PA PowerPort at w;-vw.state,pa,us ~~ Keyword: DMV CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure S 440. Service by First Class and Certified Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 LIEN HOLDER: Greentree Financial Corp. 300 Weyman Plaza Suite 480 Pittsburgh, PA 15236 Service by First Class Mail addressed as follows: PRESUMPTIVE COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHlE L^ W FIRM. LLC Date: ,1 ! ,/ l 'l ~ ! '.;[ ,::" C,:) By: i ,/ if .,/---/-;, ,/ {I J6~C~1 N (;(;thiE~ Esqt;ire- . ' 11 Last M,IIJ,c( Strect Suite 102 York. P^ J7401 (717) S4S-S455 Attorney 1<,1 Plaintiff ,~-, < ",",^,IVED Ocr ~ " Z005 BY' IN THE COURT OF COMMON PLEAS OF CUMBERL, . JrENNSYL VANIA COUNTRY MANOR WEST Plaintiff No. v. CIVIL ACTION - LAW MICHAEL EL Y Defendant MEMORANDUM OF LAW Background: Plaintiff operates a mobile home park in or near Carlisle, Cumberland County, Pcnnsylvania. Defendant currently owns a mobile home ("Vehicle"), rcnted a mobile home lot from Plaintiff, and was evicted subsequent to a proceeding before District Justice Day for failure to pay his rent. Defendant left the propeliy approximately 38 months ago, but has never removed the Vehicle from the Plaintiffs property. In the 38 months since Defendant was evicted from Plaintiffs mobile home park for non-payment of rent, the Vehicle has remained on its original rental lot, yet no rent has been paid on account of it. The current whereabouts of Defendant are unknown. Thc home apparently acts as collatcr11 for a loan cxtcndcd to Defendant by Greentrce Financial Corp. which has a sccurity interest in the home in thc form of a mo!or vehicle lien ("Lienholder"), Mobilc homes arc titlcd as motor vchiclcs in Penmylvania. Licns arc no! cxtinguishecl by Sheriffs sale. IfPlaintiffwcre to force the property to ajudicial sale, any buyer of the home would hc required to satisfy the lien on the hO\11c, The problem is that the value of the lien greatly exceeds the value of the home. Therefore, no one would want to purchase the Vehicle at market value but pay substantially more than that for a free and clear title. All parties interested in the Vehicle, including Defendant and Lienholder, have actual or constructive notice of this Motion and the problems created by the Vehicle remaining on Plaintiff's property. For nearly 38 months, neither Ddmdant nor the Lienholder have taken any steps to remove the mobile home from Plaintiffs propcrty. No specific law exists that allows or prevents Plaintiff from selt~help and removing the Vehicle itself. However, Plaintiff cannot sell the Vehicle or junk it without first obtaining title to it. Also, Plaintiff is entitled to move thc mobile home subject to restrictions related to back taxes and township permitting rulcs, but moving the Vehicle to a storage area simply transfers the problem from one location on Plaintiff's propcrty to another. Plaintiff needs the requested court order in order to have the Vehicle removed from its premises. Plaintiff has been and continues to be prejudiccd substantially by that failure to remove the Vehicle for every day the Vehicle obstructs an otherwise rentable lot. Spccifical1y, Plaintiffloses rent on a daily basis. loses prospective long-tenll lessees to rcplace Defendant and incurs costs to maintain the Vehicle's lo\. So far, since thc , issuance of the judgment liJr non-payment of rent, Plainti IT had sulfered the loss of at " least $14,790.00 in lost rcnt and other costs inculTcd. rlus subslantial attorney fees. as Defendant and Lienholder have stin fail cd to rcmove thc Vehicle. This fignrc increases . . evcry day. 2 Legal procedure for remov!ll of mobile hOm~s of third oarties from orivatt property: Pursuant to Section 68 P.S. 250,102 of the Landlord and Tenant Act of 1951, an "abandoned mobile home" means "the vacating of a mobile home by a resident without notice to the community, together with the nonpayment of required rent, fecs, service charges and assessments and one or more of the following: I. The removal of most or all personal property from the mobile home. 2. Failure to use, maintain or return to the mobile home.. 3. Cancellation of insurance covering the mobilc home, 4, Termination of utility services to the mobile home." Per these criteria, the Vehicle can legally be considered to be "abandoned." Also, the Vehicle has been effectively abandoned by Lienholder because it has failed to act to protect its interests since Defendant's abandonment and has intentionally saddlcd Plainti ff with the costs of inventorying the Vehicle on Lienholder's behalf. Notably, there is no statutory procedure specifically addressing the steps necessary to remove a mobile home from private property, Section 68 P.S. 250,505 of the Landlord and Tenant Act of 1951 provides that owners of a mohile home pmk may remove mobile homes to a storage location upon a detemlinatiol1 of abandonment. It does not provide any means for a landlord/park operator to disposc of a homc at that point or to demolish it. A Pennsylvania trial court has jurisdiction as a Court of Equity if a statutory remedy ostcnsibly exists, but is functionally inadequate, Crafton v. Bd. Of Propcfty Asm't, Appeals & Rev" 298 A. 2d 643, 647 (Pa.Commw. 1972). In this ease, cquity jurisdiction is appropriate because Plaintiff lacks an adequate statutory rcmedy: namely, no statute 3 allows or disallows Plaintiff the requested relief. Mobile homes are titled as motor vehicles by the Pennsylvania Department of Transportation ("PennDOT"). PennDOT will not issue a title for an abandoned vehicle without a court order. Park operators can obtain titles only by court order, judicial salc, or purchase. Pursuant to PennDOT's Methods of Disposing of Abandoned Vehicles from Private Property ("PennDOT Protocol"), "The landowner may file suit in Common Pleas Court requesting an order be cntered that (1) awards owncrship of the subject vchicle to the landowner and, (2) extinguishes the right, title and interest of any other person to said vehicle (emphasis original)." Furthermore, "Notice of the proceeding must he providcd to any person who has a lien endorsed upon the certificate of title for the vehicle according to the records ofthe Department." A copy of the PcnnDOT Protocol is attached to the Motion as Exhibit B. Plaintiff has followed the PennDOT Protocol and requests this Honorable Court to issue the requested rcliefpursuant to that protocol. As a practical matter, cOUlis have followed and adopted the PennDOT Protocol transrerring titles of abandoned vehicles to mobile park operators and extinguishing any liens whcn circumstances show that: (1) the record owner has abandoned the home pursuant to the objective criteria established by the Legislature (referenced above), and (2) lien holders have failed to act diligently to cnj{)1"ce their priority-of-c1aim rights undcr a security instrument. In fact, the Berks, Dauphin and York County Courts ol'ColTImon Picas have reviewed this issuc, followed the PennDOT Protocol :Jlll! ordered the requcsted reliefin previous, similar abandoned mobile homc appcals. CiSI'Management Co. v. Kline, Berks County docket number 05-1 R61 (Exhihit 1); GSP Man<!ge_l)1ent v. Fleck, Dauphin County docket number 1633 NT 2004 (exhibit 2); York Community 4 Management v. Wise, York County docket number 2004-NO-2055- Y31 (Exhibit 3); York Community Manag.ement v. Friday, York County docket number 2004-NO-1746-YOl (Exhibit 4); York Communitv Management v. Passalacqua, York County dockct number 2004-NO-002174- Yl8 (Exhibit 5); and York Community Management v. Stambaugh, York County docket number 2004-NO-2056- Y31 (Exhibit 6). In the absence of a court order, mobile homes subject to excess liens rcmain on otherwise rentable lots for indcfinite periods of time. Such a park operator thus would suffer immense dai ly hardships including: 1. loss of rent or storage fees (currently in excess of $14,790.00 in this casc); 2. payment of taxes on otherwise income-producing property; 3. compounding costs associated with maintaining its rental lot obstructed by Defendant's abandoned Vehicle such as lawn mowing and landscaping services; 4. criminal trespasses by strangers seeking a haven to conduct illicit activities; 5. declining park community morale and adhesion based on the "Broken Windows" theory'; and "A successful strategy for preventing vandalism ... is to fix the problems when they are small. Repair the broken windows within a shorl time, say, a day or a week. and the tendency is that vaneJ;:ds (Ire much less likely to break more windows or do further damage. Clcan Lip the sidc\v;:llk every day, and tile tendency is for litter not to accumulate (or for the rate of littering to he lllucl1lcss). Ihphlems do nol escalate and thus respectable residents do l1lol flee a neighborhood. The t.heory thus makes two major claims: t) further petty crime and low-level anti-social behavior will be deterred, ,md thus 2) major crime will be prevented." http://cn.wikipedia.org/wiki/Broken_Wi ndows _~Theory. "Well, I very much subscribe to the "Broken Windows" theory, a theory that was developed by Professors Wilson and Kelling, 25 years ago maybe. The idea of it is that YOLl had to pay attention to smatl things, otherwise they would get out of control and become mllch \v(lrsc. And that in fact, in a lot of OLlr approach to crime, quality of life, social programs, we were 81Io\\'ing small things to get worse rather than dealing with them at the earliest possible stage. Th(!t approach had been tried in other cities, but all small cities, and there was a big debate about whether it could work in a city as large as New York. One of the ways that New York used to resist any kind of change was to say, "It can't work here," because they wanted to keep the status quo. There is stich a desire ['or people to do that, to keep the 5 6. a dramatically increased susceptibility ofthc abandoned Vehicle to insect and/or rodent infestation establishing a base to fmiher colonize the remaindcr of the park. Those costs compound daily and the nuisances blight the mobile homc park for all other tenants and reduce the marketability of available rental lots to prospective tenants, Those hardships are endured not through the fault of the mobile home park operator, but because the other "interested" parties have walked away Ji'om the situation and punted any rights or interests to another day - all at compounding hardships to the park operator. Equity favors the vigilant actively protecting its property and not the dilatory resting on thcir laurels, especially where the vigilant suffer continued irreparable hardships imposed by the others' dilatory ambivalence, In addition, Plaintiff cannot sell the Vehicle to obtain reliefn'om the situation as the Lienholder is required to be paid, in full, by the purchaser of the propetiy. In situations such as the present one, the value of the lien typically greatly exceeds the value of the home, and no purchasers will avail themselves of the opportunity to acquire the home at sale. The Lienholder is not required to bid on the home to protect its interests. It is important to note that by granting the requested relief, this Court will not interferc with thc existence or balance of any loan between Defendant and Licnholder. Thc issue is whcther Lienholder maintains a priority over other creditors. cvcn though it has status quo. And I thought, "Well, there's no reason why it can't work in New York City. We have bigger resources. We !TIay have bigger problems, we have bigger resources, the san~c theory shmdd work." So we started paying attention to the things that were being ignored. Aggressive panhandling, the squeegee operators that would come lip to your car and wash the window of your C<\r whether you wanted it or not -- and sometimes smashed people's cars or tires or windows -- the street-level drug-dealing: the prostitlltion~ the graffiti, all these things that were deteriorating the city_ So we said. "We're going to pay attention to that" rmd it worked. It worked bec<-lusc we not onl~1 got (l hig renllction in that ;-llld an improvernent in the quality of life, but massive reductions in homicide. cllld New York City turned from the crime capital of America to the safest large city in the country for live. six years in a row." Former New York City Mayor Rudolph Giuliani, http://www.achievcmenl.org/illlfodoc/pagc/giuOint-4 (May 3. 2003). 6 abandoned, or constructively abandoned, its lien interests. Mobile home park operators cannot control whether park residents choose to have liens on their homes. The possibility of home equity loans being obtained by park residents after move-in dates prevents even astute park opcrators [rom avoiding this issue by banning Iiened vehicles from entering the park. In short, there are no adequate remedies at law for park operators to remove homes which have been abandoned by record owners whcn licn holders fail to exercise their rights against liened property, unless the park operators wish to becomc, esscntially, unwilling guarantors for park residents for loans secured by mobile homes, As time progresses, presumably, the situation is exacerbated by an increased loan balance due Lienholder by Defendant, a decreased Vehicle value through depreciation and mounting costs suffered by Plaintiff. In other words, the situation is only going to get worse and Plaintiff requests permission to cut its losses now, Lienholdcr and Defendant, the abandoners of the Vehicle, continue to be unjustly enriched through the enshrining of thc interests, to the detriment of the Plaintiff, who has actually been trying to defend its interests and thus the equities of the situation have currently been stood on their hcad. As a mattcr of fundamental fairness, mobile park opcrators must be able to remove abandoned, liencd vehicles from their otherwis,e income prnd~lCing rental lots, Thc requested relicf is the only fair way to do that. Accordingly, Plaintiff requests this Honorable Court to Iransjj~r title ofthc . abandoned Vehicle to Plaintiff and extinguish all liens regarding that Vehicle in order for Plaintiff to remove the Vchiclc fi'om its rcntallot and be able to rc-Iease that rcntallot. 7 Dale: Respectfully submittcd, ( , . (') /; \/ (:' ; 71 ; l ' ". I .~ _.~/:_. ?- I. . ~., G~)~hi L'a'w'Firm LLC- ",,/ Joseph N. Gothie !.D. No. 80390 11 East Market Street Suite 102 York, PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfirm.com 8 Department of Transportation ifl ordllr to receil e,the appropriate oertificate of title. .. . ~~~. "A~I . Q )(j . """ ,5ttl---------. ~ ~ 1.....:1 0 ~ -t. Lrl ::r:. ~ ,;.?::t) ~ ?:-jT, :;0 1,..)(") :P;!r'fl r -:"'l_" :<-<. \J U; r'1 <::l Cl r::;5 -('J -r, ,.:...." .,.........:...",; , .-.f!..~'::.?. IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, . PENNS VANIA GSP MANAGEMENT CO, T/D/B/A VILLAGE OF PLEASANT HILLS . Plaintiff /~ r-.. !'. o. '.j) ~ ,/ ;:iI' G f NIL ACTION - LAW v. KATHY KLlNE Defendant ...."J}-.-'. ~( AND NOW, this. I ({ day of t4.-~.J:A- ,2005, afterreallonable notice and an opportunity for hearing having b en provided to all interested parties, the Court hereby awards ownership of one Redm n mobile home, model yellr 1999, bearing vehicle identification number 1223 88 to Yorll. C~mmunity MaDagement, and the right, title and interest, including liens of any other person to said vehicle is hereby extinguished. The DepaJ:tment ofTren orlation shall accept this order as. evidence of ownership in lieu of a certificate 0 . title, The PetitioD"r shall submit the appropriate forms, taxes and fees and comply 'th any other procedures of the J ;~:;~~ nt;f~ :':.\<./,_-t ~~:':~ :::; :,~~ .~': ;.,", NOTIC" IS HEf-lEBY GIVEN OF THE E:NTflY OF IHlo ORDER OR DECREE F'UASUANT TO RUkEl"';C.P. 236 YoU ARE NOTIFIED THAT THIS' OROER/DOCUMENT HAS BEEN FILED IN THl';: 1"!30TI40NOTARY'S OFHCf OF BERKS COUNTY AN~ "M'-IIS IS 'AN EXTRACT FRt)I"; 'tHE RECORD 01" SAID COURT OERTIF'II"Cl THIS l<::;' D,LI;\'OF,~,' 20~_ . ~anne R.~utton. >'"c,lf,ur;..:o:!1.'Y . , "'1.1.""",,, IlIB~8...-!l. ". D~"'uty ,.' . ~. """___ o~. . , ,,',""', . . , -{\c cr '" c., . "~ o -. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GSP MANAGEMENT Plaintiff ~"..~ )..~-" <: -~"1 '"U:::r.: 1""r1:,'", ~::....;:::. ~:r., ):;>6 c:: ::r:: -" -< - . No. 1633 NT 2004 v. CIVIL ACTION - LAW EARL FLECK Defendant "., ::J: a .. AND NOW, this ORDER ! ~ JJ!.day of S'im{rJ/JFL. 2004, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards oWnership of one 1990 Foster mobile home bearing vehicle identification number 03FR12076 to GSP Management Co., and th.e right, title and interest, including liens, of any other person to said vehicle is hereby' extinguished. The Department of Transportation shall accept this order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of1:he Department of Transporta1.ion in order to receive the appropriate certificate of title. ::: 1!! ;q ""t) ~ OO::t) -/- " .::r "1"1'I '::l::!Jn -;..("")fTl 01"1'I< :;;101"1'I .::>::1"",t:) '< ""- O"'l SEP 2 0 2004 o;m:;~y ccrtW'tll;tih3-1~~i~ ~~!. alld (:OITllCl CDllY roH.1la origlli& ~) (!~ ._~J.QJu;"w PrOl{lonolary . , ~ rf :. '.' ~ >f:f" " . ~ f':,::::.':.' ~;2~~: .JF~'? . ,. . .. ' . . . ." '. . . . . , ... , . . . . '.' . IN TBE cOtJltT OF 'c~:()NPij:,WO'F yOlt1l;couNrV, . PENNSYLVANIA . ". . . . YORKcoMMtJNrryMANAGE:MENT Plaimiff v. No.2004-NO-?055-Y31 CIViL ACTION - tAW. wnLIAMWISEmasJmILA WISE . Det'elidattts ('). -<g Cl;:e :.l)~."' ..~~. ~@ ,VI. m. rORDE1l< '. ...... .... ' AJ<l>NQW...,j day'f~2~or.__ notice and an ...pp.mumtyfoa" hearing having been provided 'to all i:IlJtel'~ ~ the . . Court hereby aW.-&1 ownership of one 1985 LibertylH!tiI'bortowtl :rOO1:lile~. veb.ielll identifiQlltion numbetOIL56322, situated at Lot n, 78 WlndsOl"Ji,,~WiMsor,P A " 17366, to Yark Commu""ity Management, and the right, title aiid mtetellit, iI1el'udinglier1s. . . .. .' . of any other petsbn: to said vehicle is hereby extinguished. ':'he D~ of . N $ ~ ..., 1== .;~ .r:- e I "If "T.>, .'"<J 'Jt! 01 '~.' ii!i ,0' VI: .~ - .S! - :l;j '"< IN THE COURT OF COMMON PLEAS OF YO:A:K COUNTY, PENNSYL V A.. "ITA YORK COMMUNITY MANAGEMENT Plaintiff No,2004-NO-1746-YOl v. CIVIL ACTION - LAW JOSEPH FRIDAY and DORIS M. FRIDAY, his wife, u.a. DORIS EATON Defendant c~ ..<.f~. S;~.: ",.v......., ?I..:~:.;. - c:: -OC~: ;;::- (fj Cr'l '-{? ..., '0;:> "'" c ,... c".::: G"l 1"':) :.-',:; ,. cJ ORDER AND NOW, this ~ day Of~' 2004, after reaoonable notice and an opportunity for hearing having been provided to all interested parties, the ~,... -I -- c ~ - c!" Court hereby awards ownership of one 1998 Redrnan mobile home bearing the vehicle identification number 12232432, situated at 708 Laura Lane, York, PA 17402 to York Community Management, and the right, title and interest, inclu ling liens, of any other person to said vehicle is hereby extinguished. The Department of Transportation shall accept this order as evidence of ownership in lieu of a certific&e of title. The Petitioner shan submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title. . F~ IN TBE COURT OF COMMON PLEAS OF yOlU{ COUNTY. PENNSYLV ANlA YORK coMMUNITY MANAGEMENT Plaintiff v. CIVIL ACTION " LAW c., .~O -~r"'" o;::t: ?O_; ;;c;:r;: '0 ""'c )>1.1) 0'1 '" ~ :ii E: 'p, c- :-:;.'\~.:' r-) '"" 0"lI . ~'....... ;i~M ':~< ;::. J:.fl1 ... 00 ''f} ~ .t:" j;! 1I:-, ~ No.2004-NO-OO2174-Y18 LBSuB PASSALACQUA Defendarrt . r ORDER AND NOW, thi~.tlh- day of ~-' 2004, afterrea.sona:ble notice and an opportunity for hearing having b: prO~ded to all interested parties, the . Court hereby RWlITds ownership of one 1992 Skyline mobile b:ome bearing the vehicle . identification num.ber33110707R, situated at 55 Northwood M:anor, YorkHaven;PA 17370 to York Community Management, and the right, title and interest, including liens, of any other. person to said vehicle is here'by extinguished, TJe Department of Transporta.tioi:l shall accept this order as evidence of oWltership in lieu of a certificlite of title.. The Petitiomn- shall submit the appropriate forms, taxes and fees Iil!ld comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title. I i I \ .j vi B /~HEt'~. /1fu . T: fUr j ",/ I .- / ) , . C::.:' \;.~,A '-""""~~:",:/ fl"", ..) . c:..'" ~ ~~ j . . . IN'i'BJr. C.oUltTOF C.oMM.oNPLEAS.oF y6m<(~ot.JNT\'. PENNSYLVANIA. YORK. COMMtlNITY MANAGEMENT Plaintiff v.... No. 2004"NO"2056~ Y:ll CIVIL ACTION -LAW TirxiS~ba\Jgh . Defendant . .oRDER . . .... 'Y' AND NOW,tbis l day of . . . 2004,aftetreasosble . . rl6nce and an opportunity for heating having been pr vided to' all iIiterested parties, the . Coort hereby aWarQs oWnership of one 1984 Skylinemobilefulmebeilit'iiD.g the vehicle identification nUmber 32l()0709, situated at 301 Brooklyn Drive; York,pA 17402 to York Ccnnnilmity Management, and the right, title and interest,incl11diD.g lleJ.ll1l,of any other person to said vehicle is hereby extinguished. The DeparttnentofTtattspott6tioo. sha1l accept tbisorder as evidence of ownership in lieu of a certifiCate of title.' The . . -. . Petitioner shall submit the appropriate forms, taxes and fees and comply with my other' . . . procedures ofilie Department of Tr:mSportation inotder to receiVe the B9propriate certificate of title. =?, .."'~ '" . "" ~F -cC<" eC ...... :1:", .'0 "" . co . .... '" - " .'..... ... "",. .;;0:0 .'3? .'.<:'J ''e=, ..<f;gr- ~.. \. . ....:;::c ....l -...~-' . 'f'';I;. :P! . ""Qg .:J: "'~...' .p rn .. CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure S 440. Service by First Class and Certified Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 LIEN HOLDER: Greentree Financial Corp. 300 Weyman Plaza Suite 480 Pittsburgh, PA 15236 Service by First Class Mail addressed as follows: PRESUMPTIVE COUNSEL FOIR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq, 5743 Centre Avenue Pittsburgh, PA 15206 (~)"[lllE LA W FIRM,:J~C Date: ;. i l " {/ "1/ , l if-, () "\" "..,"- .<~' j. i By' i.j>"'""{'. l - '" .'._.._.......--.1:---+------'.._ ___1.___.._.._____.________ .' Joseph N. Ciothie, Esquire . II East Market Street Suite ]02 York. J';\ 1740] (717) 848-8455 Attorney {<lr Plainti ff ,----'--;'-,,'-,'" VED , . ..L...l 1 . \ [) f'1 :1. 2.005 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYLVANIA COUNTRY MANOR WEST Plaintiff No. () ~ _~ ~{..{)jgv; L ~ ~ CIVIL ACTION - LAW v. MICHAEL ELY Defendant RULE TO SHOW CAUSE .~rJ G W AND NOW, this....L. day of A ,rt?rI1 ,2005, a rule is hereby issued upon Defendant. Michael Ely, and lienholder, Greentree Financial Corp., to show cause why the attached Motion to Transfer Ownership of Abandoned Vehicle should not be granted. This rulc is returnable 2,0 days from date of service and must include an Answer to Plaintiffs Motion. Proof of service of the motion and rule to show cause must be filed with the Prothonotary. If service of the motion and rule to show cause cannot be made, plaintiff should file a motion for service by publication in accordance with the Pennsylvania Rules of Civil Procedure. t51 ~4&~L J. ~ EXHIBIT ~ ~ ir ~ IN THE COURT m" COMMON PLEAS 01<' CUMHERLAND COUNTY, PENNSyLVANIA COUNTRY MANOR WEST PlaintilI No, 05-5609 Civil Term v. CIVIL ACTION - LAW MICHAEL EL Y Defendant PROOF OF SERVICE To the Honorable Judg~s of the Court of Common Pleas of Cumberland County: In accordance with Honorable Court's November 3,2005 Order ("Order"), I hereby certifY that: I. I served a copy of this case's Motion to Transfer Ownership of Abandoned Vehicle, Rule to Show Cause and Proposed Order upon Lienholder" through it counsel, by first-class mail as follows: COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P,C, Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 That service satisfies the requirements ofPa,R,C.P. 440, A copy of correspondence from Attorney Dyer acknowledging receipt of the documents is attached to this Proof as Exhibit A and incorporated by reference. That correspondence is dated November 8, 2005. 2. Special Service by Publication was properly made in the Cumberland Law Journal on December 23, 2005 and the The Sentinel on December 15, 2005 and dire I ~ ; EXHIBIT e to the above caption Detendant. That service satisfies the requirements of Pa.R.C.P, 430 and this Honorable Court's November 3, 2005 Order. Copies of notarized proofs of publication from the publishers are attached to this Proof as Exhibit B and incorporated by reference. Respectfully submitted, Date: .-ljJ.of c>Cc ,1z;1rL~ Gothie LElw Firm LLC Joseph N. Gothie J.D. No. 80390 11 East Market Street Suite 102 York, PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfirm.com Attorney for Plaintiff 11/09/2005 17:03 4123515~", THE DYER LA'N F I1;:~1 PAGE 01 DYER LAW FIRM, P.C. Attorneys an.d Counsellors at L.arw 5743 CEI\TRE A VENlJJi; VIITSDURGH, l'IlNNSn V A.N1IA ~,~Ql; 'fELIEVHOi\'E, (~IZ) 3~.IOOO FACSIMI.U;, (4lZ) 361.0800 November 8, 200!; , Via Telef;;lx (717) 848-8499 Joseph N. Gothie, Esquirt:t Gothie Law Firm LLC 11 E Marke>! Street, Suite 102 York, PA 17401 Re: Country Manor West v. Michael Ely Case Number: 50,(,-Civ-2005 Dear Mr. GClthie: This law firm represents Green Tree Consumer Discount Company in connection with its manufactured home p()lffolio. Green Tree POssl'l$~,es a first lien on CQllat~!ral consisting of one Schult m()bill~ home, model year 1985, beElI'ing vehicle identification number 204305. This moltJile h,)me is lo("..ated at I-C Cre,ekside Drive, Carlisle, Pennsylvania, and is owned by Michael Ely, YOIJlr client has requestl!'Jd by Complaint and Motion that the court tram,fer all nuht, title and inte,rest.in the mobile home to it in satisfa(,1i,m of its ciHirn for unpaid lot rent I understand that Green Tree's filrst lien will be severed if the proposed On:lew is entered I herelby confirm to YOIU thll! Green Tree abandons its lien in the albove-described ; " ,\- collateral and consents to thEl pmposed Order. , Kindl!,' forward a copy of the entereq Order for my fil(~. Very truly your.>. ~;:::::-".':> ---- - ....':.--..,. ~I;:~ tI...,~...;;;!lr==::"'-'''''~ c"iiTlln:r~''oYE'r EPO/dat L:\GreaIiPoinlV31$1:1 lVlamigement Company\GT Atty Gothie (E!y).wpd ~ EXHIBIT ~A ~ " PRtlOF OF PUBLICATION OF NOTICE IN. CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. 1.1784 COMMONWEAL TH OF PI{NNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, E~4uire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal pcriodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designateU by the local courts as the official legal periodical for thc publication of all legal noticcs, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz V--eA" ./ /?n h./>) ..J. l' ,.,2{}{},~ / Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , (II Y ,. ti'- It-- ( ~ r; a Marie COyne,fditor -~ C.../ " SWORN JO AND SUBSCRIBED before me this 0.2"5 day of !2~dnh/'>) c2tJo.~ / ~. ! ,(l --<A) L. ><.J/22d~ Notary () !. EXHIBIT i3 ~ ~ 8 ~ . . CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-5609 Civil Term COUNTRY MANOR WEST Plaintiff v. MICHAEL ELY Defendant TO: MICHAEL ELY AND HIS HEIRS, EXECUTORS, ADMINISTRA- TORS, SUCCESSORS, PART- NERS, VENTURERS, AND/OR ASSIGNS, TAKE NOTICE that you have been sued in court through a Motion to Transfer Title to an Abandoned Ve~ hIde In which the Pla1ntiffls request- ing that the abandoned mobile home in which you used to reside be transferred to Plaintiff with the ex- tinguishing of all liens. if any. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attomey and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Dec. 23 6 . . I . .! PROOF OF I)Uj~LICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classifiecl Advertising 1vja~lggr, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulAtion in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) December 15, ')()05 COPY OF NOTICE OF PUBLICATION NOTICE IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRY MANOR WEST "Plaintiff v; No. 05-5609CivilTerm CIVIL ACTION" LAW MICHAEL EL Y :':,Defendant TO: MICHAEL EL Y AND HIS HEIRS, EXECUTORS, ADMINISTRATORS,l SUCCESSORS, PARTNERS, VENTURERS, ANO/OR ASSIGNS. TAKE NOTICE that you have been sued in court through a Motion to Transfer Title to an Abandoned Vehicle in which the Plaintiff is requesting that the abandoned ." mobile home in which you used to reside be , transferred to Plaintiff with the extinguishing of all (. liens, If any. NOTICE Sworn to and subscribed before me this 15th day of December, 200':;', I,fyou wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You arowamed that if you fail to do so the case may ;, proceed without you and a judgment may be entered against you without further notice for the 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. IFYOU DO NOT HAVE A LAWYER, GO . TO OR TELEPHONE THE OFFiCE SET FORTH :.BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS ,..OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 'OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C'-lUJd,u'{f) ,A. { Notary P My commission expires: ? If /tlf?' Lawyer Referral Service \' CUMBERLAND COUNTY BAR ASSOCIATION ~ 32 South Bedford Street Carlisle, PA 17013 (717) 249~3166 or (800) 990-9108 COMMONWEALTH OF PENtiSYLVANIA Notarial St~al Christina L. Wolfe, Notary Public Ca~isle Bora, Cumberland County My Commission Expires Sepl1, 2008 Mp.mber. P~n!l5vlv{)'1i;' ,'\~~.f)ci8tlor; Of Notaries " CERTIFICATE OF SERVICE I certify that I alll this day serving a copy of the attached, foregoing document(s), upon the person(s) a/Jd in the manner indicated below, which service satisfies the requirements of the Pen~isylvania Rules of Civil Procedure S 440. Service by First-bas~ Mall addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHIE LAW FIRM, LLC Date: II d-0 ( oc, By: If oseph N. Golhie, Esquire 11 East Market Street Suite 102 York,PA 17401 (717) 848-8455 Attorney for Plaintiff CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure 9 440, Service by First-Class Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 Date: \~OCo GOTHIE LAW FIRM, LLC I I By: Jo h N. Gothie, Esquire I I East Marke:t Street Suite 102 York, PA 17401 (717) 848-8455 Attorney for Plaintiff ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRY MANOR WEST Plaintiff v. No. 05-5609 Civil Term I CIVIL ACTION - LAW MICHAEL EL Y Defendant PROOF OF SERVICE To the Honorable Judges of the Court of Common Pleas of Cumberland County: In accordance with Honorable Court's November 3, 2005 Order ("Order"), I hereby certifY that: ], I served a copy of this case's Motion to Transfer Ownership of Abandoned Vehicle, Rule to Show Cause and Proposed Order upon Lienholder, through it counsel, by first-class mail as follows: COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P,C. Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, P A 15206 That service satisfies the requirements ofPa,R.C.P. 440. A copy of correspondence from Attorney Dyer acknowledging receipt of the documents is attached to this Proof as Exhibit A and incorporated by reference. That correspondence is dated November 8, 2005. 2, Special Service by Publication was properly made in the Cumberland Law Journal on December 23, 2005 and the The Sentinel on December 15,2005 and directed . to the above caption Defendant. That service satisfies the requirements ofPa.R,C.P. 430 and this Honorable Court's November 3, 2005 Order. Copies of notarized proofs of publication from the publishers are attached to this Proof as Exhibit B and incorporated by reference, Respectfully submitted, Date: .-1)).010<'0 1/d1~ Gothie Law Firm LLC Joseph N. Gothie J.D. No. 80390 II East Market Street Suite 102 York,PA 17401 V: (717) 848-8455 F: (717) 848-8499 E: joe@yorklawfirm.com Attorney for Plaintiff 11/09/2005 17:03 4123616r'~ THE DYER LAW FIR~I PAGE 01 DYER LAW FIRM, P.C. Allo",eJ'$ and Counsellors all-a." ;743 CENTRE A VENllE PIITSllIIll.Gll, PllNNSYL V ANItA 1l.'i:l06 'IELEPHONll, (~IZJ '*1,-1000 FACSIMILE, (4U) 3<>1-68011 November 8, 2005 Via Telefax (717) 848-8499 Joseph N. Gothie, Esquire Gothie Law Firm LLC 11 E. Market Street, Suite 102 York, PA 17401 Re Country Manor West v. Michael Ely Case Number: 507 -Civ-2005 Dear Mr. Gothie: This law firm represents Green Tree Consumer Discount Company in connection with its manufactured home portfolio. Green Tree possesses a first lien on collateral consisting o~ one Schult mobile home, model year 1985, bearing vehicle identification number 204305, This mobile home is lor.ated at I-C Creekside Drive, Carlisle, Pennsylvania, and is owned by Michael Ely. Your client has requested Iby Complaint and Motion that the court transfer all right, title and inte,rest in the mobile home to it in satisfaction of its cla.im for unpaid lot renl!. I understand that Green Tree's first lien will be severed if the proposed On~elr is entered. I hereby confirm to YOIU that Green Tree abandons its lien in the above-described , , collateral and consents to the proposed Ordler. Kindly forward a copy of the enterel.! Order for my file. Very truly youm, ~,..:~::> ::> -"",", ----- >t::::" _'''''-_ '111'n.'''...!I,V=--~'''-. _ f:r~'Dyer EPO/dat L:IGreenPoint\(;$I" Management CompanylCr A\ty Gothi. (Ely).wpd ~ ~ ~ EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz ,f)/ /' / /l?7 hA j...1.1' "J(}tJ ".,- ~ Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ( 1,:,;;,7!i;",~,,, - I / , ,/ SWORN JO AND SUBSCRIBED before me this ,2 =) day of tJU h7.nh h j 02,jo ~ I k~) /. d~r1~ Notary ~ EXHIBIT ~ ~ 8 ~ CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-5609 Civil Term COUNTRY MANOR WEST Plaintiff v. MICHAEL ELY Defendant TO: MICHAEL ELY AND HIS HEIRS, EXECUTORS, ADMINISTRA- TORS, SUCCESSORS, PART- NERS, VENTURERS, AND/OR ASSIGNS. TAKE NanCE that you have been sued in court through a Motion to Transfer Title to an Abandoned Ve- hicle in which the Plaintiff is request- ing that the abandoned mobile home in which you used to reside be transferred to Plaintiff with the ex- tinguishing of all liens, if any. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attomey and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A lAWYER. GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A lAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. lAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Dec. 23 6 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker, Classified Advertisin~ Mana\;er , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) December 15, 2005 COPY OF NOTICE OF PUBLICATION NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .._ COUNTRY MANOR WEST Plaintiff v. No. 05~5609 Civil Term Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tru , CIVIL ACTION - LAW MICHAEL EL Y OGfendant TO: MICHAEL EL Y AND HIS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, PARTNERS, VENTURERS, AND/OR ASSIGNS. TAKE NotiCE thai you have been sued In court through a Molion to Transfer Title to an Abandoned Vehicle in which the Plaintiff is requesting that the abandoned .' mobile home In which you used to reside be transferred to Plaintiff with the extinguishing of all t liens, if any. NOTICE Sworn to and subscribed before me this 15th day of December, 2005, lfyou wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You . are wamed that if you fall to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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 ATONCE.IFYOUDONOTHAVEALAWYER GO . TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C~(kl~~'{1 ) A. L 1 )O-e~CL Notary P-illic M ,. . '//1 /c1? y commISSIOn expues:. / ' Lawyer Referral Service ,. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990.9108 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L. Wdofe, Notary Public Ca~is", Bora, Cumbe~and County My Commission Expires Sepl1, 2008 Member. Pp.rln!';v1va'"'i;'; '\<;~.f)dr,>tior, Of Notar;es CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the attached, foregoing document(s), upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure S 440. Service by First-Class Mail addressed as follows: DEFENDANT: Michael Ely 1-C Creekside Drive Carlisle, PA 17013 COUNSEL FOR LIENHOLDER GREENTREE: Dyer Law Firm, P.C, Attn: Erin Dyer, Esq. 5743 Centre Avenue Pittsburgh, PA 15206 GOTHIE LAW FIRM, LLC Date: 1/~(aC r , By: oseph N, Gothie, Esquire II East Market Street Suite 102 York, PA 17401 (7] 7) 848-8455 Attorney for Plaintiff (i J .--, {.' . ( "I '\ (., (;\ 3" ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COUNTRY MANOR WEST Plaintiff i . No. 05-5609 v. CIVIL ACTION - LAW MICHAEL EL Y Defendant ORDER AND NOW, this Z. 7" day of 1~"'1 , 2006, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one Schult mobile home, model year 1985, bearing vehicle identification number 204305 to Country Manor West, and the right, title and interest, including liens, of any other person to said vehicle is hereby extinguished. The Department of Transportation shall accept this order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title, BY THE COURT: 4;/ 1~OU> 0\;').: J. >- co i::: ~ N 1--' :.:z:- UJS:) N ::)<.f" C!.c, )!C (~,,?~: r.: s::~:: ;~r-(: 0- .~~ 'T>C~:' r- Og: N '::JW z G:Ff -< ;"j ::u "' ".1 n.. l.l.. ...0 :::. = 0 = <.:> c-..