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Home My WebLink About06-4779 II - DAVID E. KELL and WANDAJ.KELL, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006- '-JTJq CIVIL TERM V. CIVIL ACTION-INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE SUSANNE N. STATLER AND UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGIA A. KELL, DECEASED AND ROBERT D. STATLER, DECEASED Defendants PLAINTIFF'S PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP OF VEHICLE BY COURT ORDER AND NOW, comes the Plaintiff, David E. Ken and Wanda J. Ken, husband and wife, by and through their attorney, David A. Baric, Esquire and respectfully represents as fonows: 1. The Plaintiffs, David E. Ken and Wanda J. Ken, husband and wife who reside at 3511 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are adult individuals and the heirs of Georgia A. Ken and Robert D. Statler. 3. The Defendant, Susanne N. Statler is an adult individual with a last known address of 974 Lincoln Way West, Chambersburg, Franklin County, Pennsylvania 17201. 4. The Plaintiffs purchased the property located at 3511 Enola Road, Carlisle, Cumberland County, Pennsylvania in 1984. II < -- 5. When the Plaintiffs purchased 3511 Enola Road, Carlisle, the Defendant, Georgia A. Kell placed a 1973 Parkside mobile home, title number A24985413, VIN number BPH127025464 which is legally titled to Robert D. Statler and Susanne N. Statler on property also owned by the Plaintiffs at 3515 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 6. At the time the Defendant, Georgia A. Kell purchased the mobile home which was legally titled to Robert D. Statler and Susanne N. Statler, it was encumbered by two liens, one from Hamilton Bank and one from Lebanon County Trust Company. Said title to the mobile home was never transferred to Georgia A. Kell. 7. Plaintiffs desire to obtain new title in their names to the above-described mobile home. 8. In order to obtain title to the above-described mobile home, Plaintiffs are required to commence the instant action, obtain a hearing date, attempt to communicate the hearing date to the Defendants by certified and/or public notice and obtain an order of court following the hearing, all in accordance with the rules and regulations promulgated by the Department of Transportation. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court: 1. Schedule a hearing date at least sixty (60) days after the receipt of the instant action so as to allow the Plaintiffs to promptly complete all of the required notice provisions for advertisement to the Defendants; and, 2. After such hearing, enter an order directing 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 Plaintiffs submit all forms, taxes and fees in order to receive the appropriate certificate of title for said mobile home. Respectfully submitted, , BARIC & S~HE?f , ~/~ David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab\Litigation\Kell\involuutarytransfer .pd II . 'I .~ VERlFICA nON We verify that the statements made in the foregoing Plaintiffs Petition For Involuntary Transfer Of Ownership Of Vehicle By Court Order are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. j)~ L l/n~ David E. Kell DATED: 7- fR- b(.. tU~ L edL tJanda J: Kell '" .w. 1 ~ VI 1":" *' ";\ v, - C> ~ ~ -., 'i ..J Ii'- D -a ~ t::> tJ<:, :.\. (' ,. '" ,:' ':l l' t '^ \ ("') ~ ~ s; '"" - ~ ~~ ""'..JO~; I:: rT"'ir\; ;:<.".:,"\ G>) ?J/i - -o~ :J) ~: CP {') r-~ :::-{ ::J ~~i-: -0 _....."""f\ ,*"4""11 :&(:) ~ <45 )>c (:;' f5{-n ~ ~ v> ~ <.n Plaintiffs \ RECEIVED I I AUG 2 2, 2006 ':'i;M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,2006- 417Cf CIVIL TERM () sf I II " ~ , ~ - DAVID E, KELL and WANDAJ, KELL, husband and wife, v, CIVIL ACTION-INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE SUSANNEN, STATLER AND UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGIA A KELL, DECEASED AND ROBERT D, STATLER, DECEASED Defendants ORDER OF COURT AND NOW, this ~'tIaay of August, 2006, upon consideration of the attached Petition For Involuntary Transfer Of Ownership Of A Vehicle By Court Order, it is ordered and decreed that a hearing on this matter is set for the~.,.l day of '-fit> L' n, (2, "'Y" , 2006 at q : 3 () ..A".,m, in Courtroom No, 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, Counsel for Plaintiffs are directed to provide notice of this hearing to the Defendants at their last known address by certified mail, return receipt requested and by regular mail and, if such notice is unclaimed, advertise notice of such hearing once per week for three consecutive weeks, in accordance with the requirements of the Pennsylvania Department of Transportation, BY THE COURT, ~'1.~ J, ~ ... Villj'1!llASNllj3d I 'Nn".-. .',' , ,", ,~~.I^!n'" 1\.J. i :\),.' ',,' -"'''It1n r.J IJO :01 WlJ ~G 5nv 900l Al:lV10NCJH-LO!:Jd 3Hl :l0 38H~o-03ll:l DAVID E. KELL and WANDA J. KELL, husband and wife, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSANNE N. STATLER AND UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTEREST FROM OR UNDER GEORGIA A. KELL. DECEASED AND ROBERT D. STATLER. DECEASED NO. 06-4779 CIVIL CIVIL ACTION -INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE Defendants ORDER OF COURT AND NOW, this 22nd day of November, 2006, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1973 Parkside Mobil Home, title number A24985413 bearing the vehicle identification number BPH127025464 to David E. Kell and Wanda J. Kell, husband and wife, an the right, title and interest of any other persons 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 Mobile Home. By the Court. ~. ~ ~~ ~1' ~ tl ~t, r--J c;:::> c~ <:7' ~". \...-.,1 -<...:,: o -n :.:;:! rliFJ rn C:i N N ~ : --::'~ f~-~"- 7:5 iT! c~; ':0 :< \..0 .. O!