Loading...
HomeMy WebLinkAbout01-04724f T s T Involuntary Transfer. of Ownership of a Vehicle by Court Order PURPOSE This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer 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 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 PENNSYI.VANtA, 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, May 1999 -over - Bureau of Motor Vehicles -Research and Support Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit us at our website at www.dot.state.pa.us (click on Driver and Vehicle Services) 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 newspapers} 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) A notarized statement listing the names and addresses of all persons notified an~i how each notification was served; (3) A copy of the notification sent to all persons with an interest in the vehicle, including the certified mail return receipts; (4) Copies of newspaper advertisements and dates published; (5) Form MV-1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. Unless the petitioner can claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as fisted in a current edition of aDepartment-approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORDER AND NOW, this day of , 19 _ ,after reasonable: notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 19 [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 Commonwealth of Pennsylvania, 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 fetes 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. BY THE COURT: Judge COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 VOICE: (717) 787-2830 TELEFAX: (717) 705-1122 August 16, 2001 The Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County 1 Courthouse Squaze Carlisle, PA. 17013-3387 Re: Richard J. McCommon v. PENNDOT, Action in Equity, No. 01-4724, Civil Term. Dear Judge Oler, I would like to provide Your Honor with a copy of a letter from this office to Mr. Richazd J. McCommon, the plaintiff in the above-captioned proceeding. Ms. Coulson informed me of the filing of this action, for the purposes of scheduling a hearing in this matter, and provided a copy of Mr. McCommon's Petition for Appeal. I requested and received permission from Your Honor to contact Mr. McCommon in order to provide him with a copy of the Department's Fact Sheet, relating to the Involuntary Transfer of Ownership of a Vehicle by Court Order. I have enclosed a copy of the Fact Sheet, which addresses the circumstance in which the Department views itself as a proper party in such matters. Sincerely, Elaine N. Blass, Esq. Assistant Counsel Motor Vehicle Section Vehicle & Traffic Law Division Pennsylvania Department of Transportation aUG ~ -~ 2001 ,- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RI VERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 VOICE: (717) 787-2830 TELEFAX: (717) 705-1122 August 16, 2001 Mr. Richard J. McCommon P.O. Box 3 Summerdale, PA. 17093 Re: Richard J. McCommon v. PEIVNDOT, Action in Equity, No. 01-4724, Civil Term, Court of Common Pleas of Cumberland County Dear Mr. McCommon, The office of the Honorable J. Wesley Oler, Jr. has contacted this office to schedule a hearing in your above-noted action in the Court of Common Pleas of Cumberland County. I requested from Judge Oler's staff a copy of your Petition For Appeal, which this office has not received. Your Petition indicates that you are petitioning to transfer to yourself title of a vehicle with Title No. B22062138 and VIN #7828156392353. Your action has named the Department of Transportation as a party in this proceeding. On behalf of the Office of Chief Counsel, I am writing to provide you with the Deparhnent's Fact Sheet, which explains the nature of an action brought in the Court of Common Pleas to involuntarily transfer ownership of a motor vehicle by Court Order. As the enclosed Fact Sheet indicates, the action to transfer ownership by Court Order is used, when it is impossible to transfer ownership of a motor vehicle by the use of a Certificate of Title. The Fact Sheet further indicates the circumstances in which the Commonwealth of Pennsylvania, Department of Transportation, should be named as a parry in such a court proceeding to transfer ownership of the vehicle. Mr. Richard J. McCommon Page Two August 16, 2001 If you have further questions regarding the Fact Sheet, please contact this office. Sincerely, ~~~' ~/~~ Elaine N. Blass, Esq. Assistant Counsel Motor Vehicle Section Vehicle & Traffic Law Division Pennsylvania Department of Transportation Cc: The Honorable J. Wesley Oler, Jr., Court of Common Pleas of Cumberland County a .t 44334076 my `~ i ~~ ~ ~ ~.,~~,~ ~.m,~. rdK _„ , u.,~ - z 5 ~ ' ` H .. ~: ~ •• x Q, : ~ : - ~ . ~ .: ~ : ~ ~ F .. < .: ~ -: . ,.: ... ~ - > - - z 3 -- :~ ~~,..-_ _ _ ~ ... l A r D ~ Tri N g ~ '. n "' _' =. -- . _. _ F £ ' o o > ~ W ~ y ~+ r~ _. z ~ z H S '. - p am s ~ A ~ C ' I l r m a ~ m 9 x sr v r m n s ' - 0 z V~ O : 2 Vi II II II II II II II n o G z d M ~ z ~ d z m a A ~ p $ S y ~ 7 : ~ : y m o a uNi o : m z ~ Q tt O i O . . A N.A T '~ (1 A O O s m z ~ t aat~~e< RI ~ D H ° . , T ~ In y ,Z'v m z~~ m 0 y ~ y y . ~~ a o< ~ m '~' V7 l' /' < ^' ~.., m m n z <~ ~ C 3 I ~ i ^ n t W 4 A O l mm A 1'1 n.~ R K E.. a ~ O m a iy ~ D ~;m A 3 ~. ~ m ~1 -~i .~ 0 . ~ o' m^ -~i o;r~ ~:mZ ~~~ ~~Do ~~ 5'D _I C \ Z ]m a o j1 w ~/ ~r n m 0. C w w w.: ~~ , J W U W J ry m ? ~- V W W y ~ Z ~ U' w J W J W p J Q ~y . V U V W 6 W.F ,n p J ; ~i ~ i ~,~ ~ O W V 0 O h~ ~ W~:N WL' 0 i ¢ U m F Y I, v 4 i .3 y 6 U W O LL9K LL S tl U . < U W W 6.K % W 0~ .... W < c Q - v a ~'~ ° ~ .. a N LL R Z W a" ~ J U r F d w Q ~ K y z~'s w0 a F W'o aQ!~ .- wU,~ o a ~ ~ _ -- ~ ~ _ - W ~ ti 0 U -- =- - -_ d - _ C _ __ - b _ - - ,,..,.. ~~ ~ 7 W 7 Q u L ~ O H ~~ rc: ' ~ N ~ Z W , C t:.. W 6 O W w a w rc d W f d W 6 W w J N W ~ 0 _ x x ~ ~ ` ~ a ` a }~ :rK 0 0 0 v :~ .~ b a .~ ~, z w w a~ {ti awl ~a ~6 V1 W ~~~ 9L04E£~i7 _ ,. a9~1s~m.+~=n~"~f"u:ma^I"~%-rx,=.r*s z;, 3sx?Fa'm~ §!._ v - - ~ m°= _ N'~E n _E S" ¢ _ = o>w E w o w °Em' > v4 OL N N' y O - 2 z W W ~ y R O i _ - U W ~ - N bU O N~'L~U yJ O ~ p r ~ - ~ ~ Lg s0 ~ ~ Q J OI U ~ C OC _ N _ _ encn om; < d o O m _ ~nc~o~ Emo Q zp ° w m° v'tav "~ a- ° - °~ "- rmN i LL N w N c-° Um~vc °Ea n EvN w UvD Vt ~En ~ E° m ~ u o _ ~~' ~ 0 v f w f ~ ~ N F m ^ 3 N L ` _ - C'~'' ~O~ .O ~ 0 Qh 2LL 3 vi O ~ C w -'O`-LO - ~ 0 Q1- ° ~ J 99 v ~ 0 w`vvr _ E^^ N~ 0 E-__ su v N a ow _ cL01 v -wt an 3NVU0 m ui-q W N m ~v0 v- y~ ~ 2 WW ~ O LAm Oa ~v av~ 3u _v p io ono, io m-~ a~- a a U ~ vmD c'° _'°°ma oE w ¢ - - - c`; Ev n ¢O O m ¢ r ~ ° ° y 5 a _ Q e ~ _ 3~/ im'°c a" w rv ~ ovo - ~ ~ aQ w o amp - F o¢ a¢ "_~ J p ¢ ^ °v`o° o: ` o _ n p W m o o_ 0 w o ..o o E x _' jQ - E Fu- -m ~ wa t n ¢°i"° = - - - - ~~m w uwi = - ~~n w ~ Q 2 ¢ _ ~ ~ ¢ ` ' N _ < d 2 O N _ _ q p ~ U Ec 3y~_- = O _ 00 bT y~ ~ 2 _ ql 00 N U J O O ~ d Q O U Yj3y Q0 Z 0CE ~ E Goy' N Z dE T= Ei ~o N Z Q Z W - d mUm O - o _ a ~Q` E O O D _ _ _ _ _ Q E O O ~? 2 Z 2 O O ^ crn o S a _ o F- ° - - - mo W w m _ _ o a W w _ vo_~ c_ ~_ n (9 O O - m ([ ~ Ct N G 2 w ^ C _ _ w p ~ ~ _ _ G ~ ] O o O ¢ > > ~~ A U ° u o o° 'w Zn~ $ i O ' ZED c~° O r ~[ Z Z Z w ¢ a iv,'=° W ' ' ' ~ j Zac J N - m v .¢{aL lj U' o O O ¢ F U' UZ' ~^ ^ a m ~ ^ S°> N X X v~ ^ 3°> X ;< m v, ~ ~ mX w X 3Sa m - Z Z o U T __ _ ~ ~" T Z Y v F w T - LL h- _ _ 1- w U T j w I ] w ei ^~ ~ ~I p oU Z O O O O O U O v O L1 U p p U O O - T d V T U 0 A U C f/) Q O 2 2 ll U ~ 1 G O Q OL p W ~ W `O 6 Z C Z w I - ~G ._( I t7 CO N S ~ Z W p ii ~ `j I z u O ~~ '. o p _ N Z ~ ¢ ~ W ¢ Z b E W 6 Z W 6 J d W W ~I ~ O N T N O ~ W F_ L Viw ¢ R 1 Nw m tt w ¢ vt vIW ¢ W ¢ ¢rv zE ~n of u d Qw zF r o2 a a L o OF ° a 2 a n a¢ y ~z ~~ aW w F z w ~ q¢ O w ¢~ w o0 O r Z jx ¢ N p0 O T ~ Z O p ~ v o op W ~- 2 w mLL w J O v ~ ~ W w O ~ W ° m m ¢ - O we N U Gm U a d N ~ ' N u Nw O d W ~ 2 p ¢ UO w Gm ~ d N am' Z O p '[ U U _ 5 w u~ N i T u tJ .[ ¢ ; U w F w Z O o + 0 z U E ~~ n N ( u i W ~ U ? p ' N ' p emu. d T /1 N F U 6ti d ~ 1 ~ VI /1 w T d= d0 O i l~ ~ u ¢ ¢ r ~ u n W ltl3 S u _ ~ v 9V3 S - ~ v '- ° ' lV3 S Q 1N3WNOISSV lStlI~ [(] 1N7WNOISStl ON003S UNOIlN3 tlOiNl ~ l NOIlVOl ddtl 'SH1V0 tl31SINIWOV Ol O3tl3MOd W3 U301j~0 NV j0 30N 3S3tld 3Hl NI AlNO N`JIS '03ZItJV10N 381SfIW S3NN1tlN~JIS lltl 0 ALL SIGNATURES MUST BE NOTARIZED. SIGN ONLY IN THE PRESENCE OF AN 01=FILER EMPOWERED TO AOMINLSTER OATtIS. APPLICATION FOR TITLE p LIEN INFORMATION n SECOND ASSIGNMENT W FIRST ASSIGNMENT D S EAL my °- y _ v S EAL o ~ ~' S °AL ° ~ o° n~ y n m m ~ ~ n~ n _ - m _ m ~ o v a n O 3 to m O n m ~ c ` ~ O ? c : T ~ '- O _ L c m 3 ~ p¢ n m m 3 n n ~ ~ -__ [ mn Z ~ 4 ~, m N - O _ i mN y ~ _ J. ~ m mm N vI m ~ o ~] - ~.m r' O n m ~n n~ ~ ^~ m ^ r O Z Tm m ~ o O _~ ~ O Ov ~ J' z _ 00 i O a ~ mD V K O a~ X 9, ~ my X ~ O ^IZ n i Z v m bo 6 0 o -I v_ m tv m _ ,_ ay v_ m 3o v_~ 3z ` a a ^I rn iv m ~ m%I m a mm f 3 m m O < O a r ~ j m n ~ _ m ~ 7 p r n m ~ n` ~ o I n O ~ ~ o n z ~ ~ a Z- 3 2 ~ - ~ ~ it V ~ ~ ]t t n In i . u m m O n r~ i p. p ~ o~ '~ O Z U - Z r m Z A ~ '~ ~ - - n s ° vi ~ s n 3 ~: T O ~ S -n1 ~ o ~ n ~ C ° 1 rn ru _ j; o ~ °m ~ - 00 n O c a o o O I o 0 y pe m ~_ ~_ ~ z v m _i n m n ~~. ;n ~ n q a - ^ n v n ~~~ n a v s. m nit ° ' )( m X rn O -Ni vi rn Y, rn x v_, <a r ~ rn x yr x <o z rl > v' v ~ ' ^ ^ i z < m n ~ a ~ > an ~ ~~ ai c' '°'n t_J z m - _ _ ~N ~ C U n O ~ a ~n ) _ n Q w n 1 N 4E' m r n ~ _ ,, ~ 1, a ~ O T N ~ 1 n n ~ q q 'oo ~ ° n m i n n o 0 30 - - m 0 - o _ v o 2 R m O z o r n -_ _ _ m o c~ ____ _ _ _ 3 ? £ ~ ~ ~ a 9 n a y n vI I v, yc a ~ z oyce v_ m a a a _ N v , } y001q £ p n n ~ ~ ~ n9 non n n J aN p ~ 'J < O ~ - ~ a i~ N . _ £ ~ " n ~ t rn z pn nm3 a ~ a,o 9 n vln3 s' ~ ' ° p - O _~ y m y ~ -ID -c m _ _. n p 2 _ ~ i~~ p ~ _ a { p -- j r O 3 m SN m111 uin~ I~~u n _ m _ ~ -ID ,N : ~N~n ~ - - O`,p ..III D £ n n _ - ~~ N ' m£ n r' m +IZ ..j _ p ° o n mci ..3 N'c ~mm ~ C y O p -. ~ D . ^ - n _ O , ~ ~ . ~ ^ D n m p s., p .- m ~ ~ 3 .n . . ~ ~ A w .~ ~ p IV j ~ N N _ eU N a 3 ~ n ~ 9 Z m u3 _ 1 T m 9l =3 £u i3 ipo 0 _ , o y~_ ios co o °m v a _ N o .~ ~o - - ~m v v d _ ~ ~~ - d_'"am' z m _ "_30 9 ~ ~ N _ pd Nd ~_ _N _ _ Wion ~_1 f1 p _ R - On _ pi N ? N N m j 0 N - ~ N ~ N tJ it , " ...'.. ., s. ... of _. iXNFSW±G:FPxm.^~.M,i~€e!4ga'ie~n&?;zwWls vt<x f'.?:Y',_~4R .. ~ ~..~ __ RICHARD J. McCOMMON IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLE Respondent 01-4724 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of September, 2001, after a hearing at which it was established that the record title holder to the vehicle in question, Capital Produce, Inc., has long since gone out of business, and that no lien holder exists with respect to the vehicle, the Court hereby awards ownership of one 1970 International Scout station wagon bearing Vehicle Identification No. 782815 G 392353 to Richard J. McCommon, and the right title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, 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 Commonwealth of Pennsylvania, Department of Transportation, in order to receive the appropriate certificate of title for said vehicle. Richard J. McCommon, Petiti 638 E. Street Summerdale, PA 17092 1 pcb /~dp~ mailed OL3-11-0~21. 'Zj~S By the Court, '~ \ !' ~13V~'1f r'li,t ~~ds.~~S'enY IJ ~i 1}~ ~I _I._:_._..:. '.i '-~- .~ ~~~ . e.,,, ~n~s , z~R~eP'~ - _. . , .CEP 2 52DD1f1~ RICHARD J. McCOMMON, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4724 CIVIL TERM ACTION IN EQUITY AND NOW, this ~~ay of C ~-+lO~, 2001, upon consideration of the Motion To Remove The Department of Transportation, Bureau of Driver Licensing As A Party to this action, the Bureau is removed as a party to the above-referenced action. BY THE COURT: Attest: Richazd J. McCommon, P.O. Box 3, Summerdale, Pennsylvania 17093 Elaine N. Blass, Esq., PennDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 i ~,~~~. ~ - `~ 1 ~ 'rq~, ~: , '~ T1J ~ r; ~~ ~eiai~?rt~i4f~. was. ..,. ...,.:... ,, , sir ae~ rx~..-. .~._:, , ~~is,^•ry~A"W~"e,-aa~µ -wi ~. RICHARD J. McCOMMON, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4724 CIVIL TERM ACTION IN EQUITY MOTION TO REMOVE RESPONDENT AS A PARTY TO THE HONORABLE NDGE OF SAID COURT: COMES NOW your Respondent, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles (Bureau), by and through its attorney, Elaine N. Blass, Esquire, and the Certified Legal Intern, Theresa Kinsinger-Horvath, who respectfully request, pursuant to Pennsylvania Rule of Civil Procedure 2232(b), Pa. R. Civ. P. 2232(b), that this Honorable Court remove the Bureau as a party in the above-captioned case, as the Bureau has been misjoined as a party, and no claim for relief has been asserted against the Bureau by the Petitioner, Richard J. McCommon (Petitioner). The Bureau respectfully represents as follows: In his Petition to Obtain Transfer of Title, Petitioner seeks title to a 1970 International SW, Vin No. 7828156392353, Title No. B22062138. 2. Petitioner claims he has had the vehicle since August,1995, when he was told to remove it from Capitol Produce, Inc.'s property. 3. Petitioner asserts that Capitol Produce, Inc. went out of business on February 28, 1997. 4. Petitioner claims that, at the time he took the vehicle, it was not running. 5. Petitioner alleges he has now repaired the vehicle and would like to use it. 6. With his Petition, Petitioner included a copy of a Certificate of Title showing Capitol Produce, Inc. as the title owner of the vehicle. 7. Petitioner has not alleged that the Department of Transportation currently has, or has ever had, an ownership interest in the vehicle 8. Petitioner is proceeding Pro Se. 9. During the week of August 13, 2001, Ms. Coulson, a staff member of this Court, contacted the Office of Chief Counsel to inform the Department of the above-captioned matter for purposes of scheduling a hearing. 10. On August 13, 2001, the Department of Transportation, Office of Chief Counsel, Vehicle and Traffic Law Division, received a certified copy of the Notice to Defend, dated August 9, 2001. 11. The Bureau was not served by Petitioner. 12.On August 16, 2001, the Office of Chief Counsel received an Order issued by the Honorable J. Wesley Oler, Jr., notifying the Bureau of a hearing scheduled on Friday, September 28, 2001, in regards to Petifioner's request to transfer title. 13. With this Court's permission, on August 16, 2001, the Bureau sent a letter and Fact Sheet, entitled Involuntary Transfer of Ownership of a Vehicle by Court Order, to Petitioner notifying him of the proper means by which title can be transferred by Order of Court. 14. This Fact Sheet indicates that, unless the Department of Transportation has an ownership interest in the vehicle, it is not an interested party and should not be joined in the proceeding to involuntarily transfer title by Court Order. 15. By letter dated August 16, 2001, the Bureau sent a copy of the August 16, 2001, letter to the Petitioner and of the Fact Sheet to this Court. 16. Petitioner is now requesting the Court to transfer title of and ownership in the vehicle to the Petitioner 17. The Bureau asserts that the Department of Transportafion does not own or have an ownership interest in this vehicle. 18. The Bureau asserts that the Department of Transportation has not previously owned or had an ownership interest in the vehicle. 19. The Petitioner has not asserted a claim for relief against the Department regarding the ownership of this vehicle 20. Therefore, the Bureau respectfully asserts that the Department of Transportation has been misjoined as a party to this action, as described under Pennsylvania Rule of Civil Procedure 2232(b). The Bureau seeks the Court's permission to be removed as a party in this action. J' WHEREFORE, the Bureau respectfully requests that its Motion be granted and the Bureau be removed as a parry to this action, as provided for by Pennsylvania Rule of Civil Procedure 2232(b). Respectfully submitted, Theresa Kinsinger-Horvath Certified Legal Intern ~~~~ Elaine Blass, Esquire Assistant Counsel Attorney I.D. No. 43097 Riverfront Office Center Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717)787-2830 Date: September 21, 2001 RICHARD J. MCCOMMON, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4724 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ACTION IN EQUITY BUREAU OF DRIVER LICENSING, Respondent CERTIFICATE OF SERVICE I hereby certify that I am on this day and date serving a copy of the Motion To Remove Respondent As A Party upon the person, and in the manner indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class letter, postage pre-paid Richard J. McCommon P.O. Box 3 Summerdale, PA 17093 Elaine Blass Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA. 17104-2516 (717)787-2830 DATE: September 21, 2001 ` n c., ~: ` \ (- - ` cn -c~ c~, ni;,, nn ; -~ tr,: ,- - w -_r ;~1 ~ rn s -' Cy ,^s .. 5 <__ '..3 '' -G CN -` '~. ca y..~ i -„x.=..~. u,~...,,xix;,..°~=fa'+r?p,N•=rswa-~e;~~.: ,~!~~'ASF,'=H~c",'. • ~~ RICHARD J. McCOMMON, Plaintiff v. PENNDOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4724 CIVIL TERM ORDER OF COURT AND NOW, this 13~' day of August, 2001, upon consideration of Plaintiff's Petition To Obtain Transfer of Title, a hearing is scheduled for Friday, September 28, 2001, at 2:45 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Richard J. McCommon P.O. Box 3 Summerdale, PA 17093 Plaintiff, Pro Se Elaine Blass, Esq. Assistant Counsel Pa. Dept. of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Defendant BY THE COURT, :rc ~i ~iPd'dr1l)•,Si~1N3d ~G ~ i I•~ t Ji~M ~!.! ~ '' ~ ~ ~ - ii '„~ v_ .. ~~~II ~ l A .~ ~~_i -s¢yxwi nhYr r ;-.-.nYGWeMFdFZ4F+'~'?+~FS_. g.. ~ ~.. AUG 1 0 "''~n/~ Richazd J. McCommon vs. PENNDOT ORDER OF COURT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COT.JNTY, PENNSYLVANIA ACTION IN EQUITY No. O t -' 'Sl ~~~( ~~~L`T~ day of , 20_, after reasonable notice and an opportunity for heazing having been provided to all interested parties, the Court hereby awazds ownership of one 1970, International, Station Wagon beazing vehicle identification number 7828156392353 to Richazd J. McCommon 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. 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 .; Richard J. McCommon VS PENNDOT ORDER OF COURT AND NOW. this IN THE COURT OF COMMON PLEAS OF CUIvIBERLAND COUNTY, PENNSYLVANIA ACTION IN EQUITY No. O!- k7a~{ day of 20_, the foregoing petition is ordered fded and a private hearing thereon is fixed for Courtroom No. of the Courthouse in Carlisle, Pennsylvania. BY THE COURT, 2000, at in Judge Richard J. McCommon VS. PENNDOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EQUITY No. ar- ~t7aY ~i~~L`T~'1 NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: 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 Petition and Notice are served, by entering a written appearance personally or by attorney and filing in wrifing with the Court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so, the case may proceed without you, and a judgment maybe entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. 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 Two Liberty Avenue Cazlisle, PA 17013 (717)249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) digs de plazo al paztie de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y azchivaz en la corte en forma escrita sus defenses o sus objectones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tomaza medidas y puede entraz una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. ~(/T ~ / C ~e m ir~o r! \ ,~ > tV ~, ~. l / e ~1 ~~nh /O ©U /A~~ /K~1nSfc6Z (~~ ~; /G~. Ugh ~ 78~-gib ~39~35-3 ~'?~~~ Q~~o~ai 38 /q~~ ~n le/L nr1 /.'vh v9z ~ lv i~~ l~eT%i oh CoK %, /~e jv~e SRrri/ VeI,~~Le, ,1 ~~9ve /~~~ l~N ~~~Cz~ .S/n CG ~ /9 `,S ~h~n /rs ~W ~f> ~C.v7Dt1~ ~'1`ZC~r7 I~R© Pc,~%y o~ c.~ P, %~ P,em~u~~ , c,~P T z ~~o~u~ ~~,,~ ` ' e ~ ~ .,-, ~~ ~ f /; a ~ ~'~ 2 n /.~ / tae. o"T V ~ ~ r~ L ~ 0 l l~~ ~~`ne ~/E~ tl~@~j,'c~~ SRS /VD7 ~utin%K~j 7~2e ~ T~~ 4i~s w~ 7 1~02MfrLCY 7-ier9nS ~~'e.a~ -~. f~~ve ~r~ c~ /=:~Xc V~.G~~'cLe t~nGf ~1S~ Tn l~1Se V'e-~~~~(~ aff~.~.: _ I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalries of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~~~ ~~ aintiff Su~~~~c~~L~ l~~ i~ag3 ~~~- 73Z~~/lrP~ ~~ ~= DEPARTMENT OF TRANSPO RTATION CERTIFICATE OF TITLE FOR A~/EHICLE ___. _ issued in accordance milk Section 1705 of fA¢ Yehic(e Code,Tit(e 75, P¢nnsy(annia Canso(idrsted S(atu(¢s ACCOUNT CONTROL NUMBER .. .. ..... i .f .. ....... ....... . i.. ... i ~:... I... ..... .:: r.. .~. ... ...i .,.i .... .:'..~. i"i ,... %-i i::. °; h':' ~.. . ,.. CODE LEGEND I ~1 ::.:". ;. ~`. ~:I 1. ~'~''{.v ~ „ `i~.l ~,'.$ Av ANTIQUE VEHICLE - C=CLASSIC VEHICLE E = ELECTAIC VEHICLE F=OUT OF STATE YEXI[lE P=FORMERLYA POLICE VEHICLE _. . -a o :. .- -' "" -' ' ° '< ~ .,. A `~ ~-R-RECONSTRUCTED VEHICLE ' %=FORMERLY A TASI~ t ...~:.i,... ::.. .... ... .~. ,.: ... ..l .>. i:: l'i ::.. a..}:.: s.. v...: ~5 tea ~3{'~{_'c:'b. 1... 4<:, 3i1 , .. c:: ...: ...~.-. .: _....~ :.. ~..: , ...,,~i 'the vehicle described hereon is subject to the following liens: FIRST LIEN LIEN RELEASED FAVOR OF: s.' ~ .... -. SY .._~..... ~ ~ ~~~~ ~- ~ ~~ ~ ~ ~ ~~ v ~ < ` ~~._a._ AVTHORI2ED REPRESENTATIVE ~, SECOND LIEN . - ' FAVOR OF: LIEN RELEASED r _~~ DATE V ~•« ~ N O -~ LIEN HOLDER ~ ~ ~ BY ~. ~ P" 4~~5 ~ AUTHORIZED REPRESENTATIVE ~, ~ ° ~ ~'I Icertifythat reasonabledingence hasbeenused inexaminingthestatements pretentedinthe app(¢ati fm Ce• C ~d tificate of Title to the vehieie described hereon, and tfat the pros(o(ownersh{p o~ said uehide p [sp~thted with ~y ?' fi}~~ saidapphcationwanamstheissvarieeofthiseerti/icatenamingtheapplicani-aslawfulouter faidvehide. "°~i; "v~ Where`ore,Icenifyt~~oftludateiascribedhereon,theo/fi• I,,1~ / ~ ~~, _ cialrecordtofthe Ptnnsylvanta Deparzment oJT~ans anon G"'~'` ~.,~' reflect that said apPM1cara is ehe lawful owner o/sai vehicle. ,,~, ~_s~~,,., Q~, ("~ _ r- -_, ~' ,. ~t , ;~ t~ ~ ~ o ~~ , ,: ~ ~ ~ _ -c ~ r'11 ~ RICHARD J. McCOMMON, Petitioner v. ]N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4724 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ACTION 1N EQUITY DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent PREACIPE OF APPEARANCE Please enter my appearance on behalf of the Commonwealth of Pennsylvania, Depart- ment of Transportation, in the above-entitled action, and serve all documents upon me at the address listed below. DATED: September 21, 2001 co: Mr. Richard J. McCommon PO Box 3 Summerdale, PA 17093 Res e~ submitted, Elaine Blass Assistant Counsel Motor Vehicle Section Department of Transportation Riverfront Office Center - 3'd Floor 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney ID #43097 ~~ ;n ~ -~;~ ~-r, _--, ~~ ^'; ~. " {r i. ~; -.' ~ l, 4 ~ ` ~ fn ' J ~ C ° 4 i ..~ tx> _ ~, •~~