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HomeMy WebLinkAbout05-6230 Date: NOVEMBER ,5', 2005 By~dv1/0 8~ ROBERT E. GOODLING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. f /)~J n 05 - \l'viJ.-/ JEFFREY TURNS, Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Andrew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff VS. 05 - ROBERT E. GOODLING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY TURNS, Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP VEHICLE BY COURT ORDER Robert E. GOOdling, plaintiff/Petitioner, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Involuntary Transfer of Ownership of a manufactured home by Court Order in accordance with procedures required by the Pennsylvania Department of Transportation, respectfully stating as follows: 1. Plaintiff/petitioner is Robert E. Goodling, an adult individual with an address of 258 W. Baltimore Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant/Respondent Jeffrey Turns is believed to be an adult individual with a last known address of 90 Springers Lane, New Cumberland, pennsylvania, 17070. 3. Plaintiff is an partner and owner of a mobile home park known as Cannon Court MHP located in York County, Pennsylvania. 4. A 1982 Liberty manufactured home, Title Number 34101053, vin Number 19773 has been abandoned on Plaintiff's manufactured home park community known as Cannon Court. 2 5. On or about September 15, 2005, counsel for Plaintiff conducted a vehicle record search at the Pennsylvania Department of Transportation to determine the owner of the above-described mobile home for the purpose of contacting the owner to have such person remove the mobile home from Plaintiff's mobile home park. 6. A vehicle record abstract provided by the pennsylvania Department of Transportation, a copy of which is attached hereto as Exhibit "A", indicates that the owner of the mobile home is Defendant/Respondent Jeffrey Turns, with an address of 90 Springers Lane, Lot 67, New Cumberland, pennsylvania, 17070. 7. Correspondence directed to Jeffrey Turns at 90 Springers Lane, Lot 67, New Cumberland, Pennsylvania, 17070 has been returned as not deliverable as attached hereto as Exhibit "B". 8. The abandoned mobile home has caused Plaintiff to incur lot rents and moving the manufactured home to a separate location will cause Plaintiff to incur unnecessary moving and storage costs. 9. Plaintiff desires to obtain title to the above-described mobile home so as to allow Plaintiff to remove the mobile home from the premises without further lost lot rents, storage costs, delays, other charges while also eliminating safety issues. 10. In order to obtain title to the above-described mobile home, Plaintiff is required to commence the instant action, obtain a hearing date, attempt to communicate the hearing date to Respectfully submitted, Defendant/Respondent by certified mail and/or public notice, and obtain an Order of Court following the hearing, all in accordance with rules and regulations promulgated by the pennsylvania Department of Transportation. A copy of the requirements issued by the Pennsylvania Dapartment of Transportation are attached hereto as Exhibit "C". WHEREFORE, Plaintiff/Petitioner, Robert E. Goodling respectfully requests that this Honorable Court: (1) Schedule a hearing date at least sixty (60) days after receipt of the instant action so as to allow Plaintiff, Carlisle pike Associates, to properly complete all required notice provisions for advertisement to Defendant/Respondent; and (2) After such hearing, enter an Order of Court indicating that the Commonwealth of Pennsylvania, Department of Transportation may accept the Order of Court as evidence of ownership in lieu of a Certificate of Title, provided Plaintiff/ petitioner submits all forms, taxes and fees in order to receive the appropriate certificate of title for said manufactured home. (3) Any other relief deemed just and equitable. Date: November 15', 2005 IlwJ2/J ()S~ Andrew C. Sheely, Esquire Attorney for plaintiff, Robert E. Goodling 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 3 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October j7 , 2005 tiA~ R&berf . odling-- EXHIBIT "A" PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/06/05 PAGE 1 AM TO 9,00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 OWNER JEFFREY TURNS 90 SPRINGERS IN lOT 67 NEW CUMBERlND PA 17070 lESSEE NONE 052791166000029 002 TITLE DATE 02104/82 REGISTRATION EXPIRY DATE, BDDY TYPE MH ODOMETER READING * *EXEMPT BY FED lAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1982 STOLEN DATE TITLE NUMBER TAG NUMBER VIN 34101053 1977 3 MAKE MODEl RENEWAL WID PREVIOUS TAG LIENS STOPS LI BERTY NO NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE lIEN INFORMATION NO lIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO, DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION, (7,00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US EXHIBIT "B" - ',' ;-'. ~; u.. ,,;..- <, .~ I,.~} (L ~ ~~ tt d. ::- '- 'l_"~ t-, " i.D :) '" '" o t- .... >t --.::: ~ ~\ S u"\ ~ '".., 0'. % ;l\ I-:: --'? V<.... '0 '" r..' (;:, '" '() ~.\~O~ ;,.1. "'"'"'- ~ ~ ~\ .~ '0 7' i;( IJl. .t!: ~ \II o , (J o o " 10 .0 If) " \UP c' UJt t. m\ii "~'g. 0" "0:.2 ~Z cLOu.1 111 011-10 .I)l~") Z \(1 0'2. 00 'r-r' I'f\r- \L. Z 0";> 111U}t!, ';00. .1<<:0 f"~ nr:jt ~-\''Ul ~~tt a:. 0 !: r) .. u ..n , 0 -; 1-,_ I ii 1- , ~ ~ t- r <.0. .... I o ..J-o CC ..J,! ... Ul III CIl C"',g ...CIlt:: ::I~::I I- ._ " :00-........ CIlo.~ .::: (/) CIl "QjOZ ..,0) ::;;,;", ..- :.,..~ .;'''..- .- . .,~ "~ ."",;:;, "':\;. ~~ --:;,,. . ,'" ':.'.~~" .....~ ..'::~ .:..:~ : ~-:::. ':"'':''':' '.':;;~ .> '\~ :\ ,', \Vt t~. ':.t t',') \'\ \,'\ . ~:... '\ \.\..'ltl~. "~t:\,'t .\ . .,. .1' '.lI-:' if,lj.. ,"1"\ t,.~". (.Y'" lr"\ \t::l C) r'" .t'" EXHIBIT "e" FACT SHEET ~ Involuntary Transfer of Ownership of a Vehicle by Court Order PURPOSE This F act Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are not available should seek the advice of a private attorney. THE DEPARTMENT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES 1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle will be determined by the court. Please note that a sample court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING. 2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified mail. return receipt requested, and must include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COpy OF THE VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND SUBMITTING FORM Dl-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. December 2003 - over- Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031. Harrisburg, PA 17106-8031 Visit the Driver and Vehicle Services web site at: www.dmv.state.pa.us 3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed,'" the person attempting to be declared owner of the vehicle must advertise a legal notice at least once in the county legal journal(s) and at least once per week for three consecutive weeks in the newspaper(s) of general circulation where any person known to claim an interest in the vehicle may be located and where the vehicle is located. if these two locations are different. Please refer to the Pennsylvania Bar Association Lawyers Directory & Produce Guide to determine the appropriate legal journal. The advertisement should include the following: (1) A specific description of the vehicle (i.e., year, make. model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. 4. When the above procedure is followed and the court of competent jurisdiction enters an order declaring an individual the rightful owner of the vehicle, the Department may issue a Certificate of Title to the person named in the court order upon receipt of the following: (1) A certified copy of the court order entered declaring the individual owner of the vehicle; (2) Form MV-1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. (3) Appropriate sales tax, title and registration fees. Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as listed in a current edition of a Department-approved publication. Approved Department publications include the following: N.ADA, The Automobile Red Book. The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. AND NOW, this______ day of _..__._______. 20 ____ , after reasonable notice and an opportunity for hearing having been pr terested parties, the Court hereby awards ownership of one [year], [make] ..' bearing vehicle identification number _________.________________________ _ ~___ to [name of applicant], and the right, title and interest of any other person to e is hereby extinguished. The Commonwealth of Pennsylvania, Department of n may accept this order as evidence of ownership in lieu of a Certificate of Title. Th i er shall submit the appropriate forms, taxes and fees and comply with any other proce s of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge " VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October j7 , 2005 UA~ Rdbert . odling ~, "- "'-J '-.... ::'1) 0,\ o T\' \1l. ~ \So\ V'\ "'-.:,. """'-.\ ~'- \j\ , " .~ ~ -,,) L, \t- ",::- . e r-.. ~ ., .-< ROBERT E. GOODLING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05 - 6)50 DEe 0 2 ZOOvn JEFFREY TURNS, Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this 0'# day of ~ , 2005, upon consideration of the attached petition for Involuntary Transfer of Ownership of a Vehicle by Court Order, it is ORDERED AND DECREED that a if , at q-tlj 9: DO day of ..19g/7././/!1'l o'clock -L'i-M. hearing on this matter ~ 20g5, in Court Room No. is set for the Counsel for Plaintiff is directed to direct Notice of this Hearing to Defendant/Respondent at his last known address by certified mail, return receipt requested/restricted delivery and by regular mail and, if such notice is unclaimed, advertise Notice of such hearing once per week for three consecutive weeks, all in accordance with the requirements of the pennsylvania Department of Transportation. BY THE COURT, J. Andrew C. Sheely, Esquire L I Attorney for Plaintiff I\o.~eo....-to 'Ii o c' '11' "..1 ..,',:]' I . L .! ROBERT E. GOODLING, plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05 - 6230 JEFFREY TURNS, Defendant/Respondent CIVIL ACTION - INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this rrr day of February, 2006, after reasonable notice and an opportunity for a hearing having been provided to all interested parties, the Court hereby awards ownership of a 1982 Liberty mobile horne, title number 34101053, VIN 19773, to Petitioner, Robert E. Goodling, and the right, title and interest of any other person to said vehicle/mobile home is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may accept this Order of Court as evidence of ownership in lieu of Certificate of Title. The petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of pennsylvania, Department of Transportation, in order to receive the appropriate Certificate of Title for said vehicle/mobile home. BY THE COURT, Andrew C. Sheely, Esquire Attorney for Plaintiff .<:~ J~ r~ b (ilif .:209. Of- ~ //;L J. i"',-:> .~_;':;3 C',-:) G;-~ -r",! 1~1"\ ex; .--'! FF .....':" tJ~-, ':.:.=:-- ce.