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HomeMy WebLinkAbout08-5323EVELYN V. MCGU1RE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA : NO. 2008 CML TERM DEPARTMENT OF TRANSPORTATION I IT" =1 1. 7711 PETITION FOR RULE TO SNOW CAUSE NOW comes the petitioner, EVELYN V. McGUIRE, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for a rule to show cause, representing as follows: Petitioner is EVELYN V. McGUIRE, an adult individual residing at 26 Southpoint Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is the COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, represented by the Office of Chief Counsel, Riverf ront Office Center, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 30, 2001, petitioner purchased a 11988 Redman mobile home (Serial No. 112A5701) from Patricia Darr, also known as Patricia Llaguno, for a purchase price of $22,900.00. 4. The sale and settlement was handled by Tri-State Mobile Home Professionals of York, LLC, (hereinafter Tri-State) then of 503 Bridge Street, Suite 112 New Cumberland, Pennsylvania 17070, and its representative, Dennis Sheaffer. A copy of the settlement statement prepared by Tri-State is incorporated herein by reference and attached hereto as Exhibit "A". 5. In order to procure the funds for the purchase of the mobile home (in which petitioner's daughter, Doris V. Johnson, was to and does now reside), petitioner obtained a mortgage loan from All First Bank (now M & T Bank), secured by her residence located t 26 Southpoint Drive, Mechanicsburg, Pennsylvania 17055. A copy of the truth in lending statement and mortgage for that transaction is incorporated herein by reference and attached hereto as Exhibit "B". 6. Recently petitioner discovered that following settlement that the title to the mobile home had never been delivered to her. Upon inquiry to respondent, petitioner learned that there is an encumbrance on the title in the name of the former owner, Patricia Darr, and that the title is still in the name of Patricia Darr. 7. Petitioner believes and therefor avers that this encumbrance was paid off at the time of the transfer of the mobile home since no lender has contacted petitioner seeking payment or attempting to repossess the mobile home. 8. The mobile home sales company, Tri-State, and its employee, Dennis Sheaffer, are no longer in business and cannot be located, thereby preventing petitioner from obtaining information about the payoff of the encumbrance from those sources. 9. Petitioner has no information regarding the location of the former owner's residence address and no means of contacting her for additional information regarding this transaction. 10. Accordingly, the records maintained by the respondent are the only source of information which would assist petitioner in resolving this matter. 11. Nevertheless, respondent and it's employees and agents in the Mobile Home Division have refused and continue to refuse to release any other information from the title to the mobile home and the holder of the encumbrance on the pretense that since September 11, 2001, this type of information is protected and requires a court order for its release. 12. Petitioner has a significant investment in this property and is continuing to pay off the loan on her own residence, the proceeds of which were used to purchase this mobile home. 13. Petitioner is entitled to obtain the necessary information to clear up this situation, protect her investment, clear the encumbrance from the title, and have the title transferred to her name. 14. Under the circumstances, petitioner believes and therefor avers that no prejudice will inure to the respondent, the former owner of the mobile home, or the holder of the encumbrance if respondent is required to provide petitioner with all relevant information contained in its records, including but not limited to information regarding the encumbrance on the title. WHEREFORE, petitioner requests that your Honorable Court order and direct the Commonwealth of Pennsylvania, Department of Transportation to provide to petitioner all information concerning the title to a certain 1988 Redman Mobile Home, Serial No. 112A5701, including but not limited to the identity of any lien holder thereon and any other details regarding the encumbrances on the title and any other information contained on the title and in the records of the Department of Transportation for said mobile home. September 5, 2008 ML60? HAROLD S. IRON. III 64 South Pitt Strek Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 28 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. Counsel is signing this verif ication since the petition adds no new facts that are not already of record. ZAVI LZL? V ?21 S&?, EVELY . McGUIRE, Petitioner EXHIBIT "A" Tri-State Mobile Home Professionals of York, LLC 503 Bridge Street Suite 1 12 New Cumberland, PA 17070 Office 717.774-5001 :• Fax: 717.774-7075 e. SETTLEMENT STATEMENT FOR: NAME S ADDRESS OF BUYER EVELYN MCGUIRE 304 WALNUT LANE CARLISLE, PA 17013 PROPERTY ADDRESS 304 WALNUT LANE CARLISLE, PA 17013 PLACE OF SETTLEMENT 304 WALNUT LANE CARLISLE, PA 17013 SETTLEMENT AGENT DATE 10/30/01 HOME INFORMATION YR: 1988 MAKE: REDMAN SIZE: 14X70 SUMMARY OF BORROWER'S TRANSACTION 100 CONTRACT SALES PRICE $22,900.00 101 TOTAL DOWN PAYMENT $22,900.00 102 DEPOSIT RECEIVED $23,000.00 103 BALANCE DUE -$100.00 104 PRORATED CNTY/TWP TAXES 2001 $10.96 105 PRORATED SCHOOL TAXES 2001 $79.65 106 PRORATED LOT RENT $9.39 107 MISCELLANEOUS 108 MISCELLANEOUS 109 MISCELLANEOUS 110 MISCELLANEOUS 111 MISCELLANEOUS 112 MISCELLANEOUS t 1113 MISCELLANEOUS CONTACT NANCY SHEIBLEY TAX COLLECTOR AT 243-6328 GROSS AMOUNT DUE: $0.00 EXHIBIT mW TRUTH-IN-LENDING DISCLOSURE STATEMENT MORTGAGE LOAN 20012741214080 DATE 10/18/2001 Pennsylvania CREDITOR: Allfirst Bank 25 South Charles Street Baltimore, Maryland 21201 TRUTH-IN-LENDING DISCLOSURE STATEMENT Amount Financed - The amount of FINANCE CHARGE The dollar Total of Payments - The amount ANNUAL PERCENTAGE RATE credit provided to or on behalf of amount the credit will cost Borrower. Borrower will have paid after The cost of Borrowers credit as.a Borrower making all payments as scheduled. yearly rate. $ 22,608.00 S _16,167.60 $ 38,775.60 7.840 % THE PAYMENT SCHEDULE WILL BE > NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE $ MONTHLY, BEGINNING 180 215.42 12/19/2001 $ SECURITY Bank has a right !o offset property or money in its possession to repay amounts owed by Borrower to Bank. Borrower is giving a mortgage or deed of trust on the land and improvements located at: 26 SOUTHPOINT DR MECHANICSBURG PA 17055 LATE CHARGE If any part of the payment is more than 15 days late, a late charge will be imposed of 10% of the delinquent payment, or $20.00, whichever is greater. PREPAYMENT If Borrower pays off early, Borrower will not have to pay a penalty. See the rest of this document and the Simple Interest Installment Note and Security Agreement and the Mortgage or Deed of Trust for additional information about nonpayment, default, and required repayment in full before the scheduled date, any prepayment refunds and penalties. INSURANCE Property insurance is required for any property that secures this loan and Borrower may obtain Property insurance from anyone that is reasonably acceptable to Bank. Credit Life insurance is not required to obtain credit and will not be provided unless Borrower signs and agrees to pay the additional cost of such insurance. Type Premium Borrower(s) Signatures, Please Sign next to your name. Single Credit Life $ Name Signature Joint Credit Life $ Name Signature Name Signature Credit Disability $ Name Signature ,ny Borrower may apply for credit life insurance, and Joint Borrowers may apply for joint credit life insurance. Joint Borrowers in Maryland and Virginia must be carried to apply for joint credit life insurance. The premium, if any, is included in the Principal Amount. If the insurance does not become effective or is ?rminated for any reason, the unearned premium will be applied to the unpaid Principal Amount. This will reduce Borrower's total liability but there will be no !duction in the monthly payment until the remaining Principal Amount is paid in full. Only one Borrower may be insured for Credit Disability. The insurance is ubject to acceptance by the insurer and to the terms of the Notice of Proposed Credit Insurance. Borrowers may cancel such insurance at any time. I i-6053A-s90e MORTGAGE (CLOSED-END CREDIT) PAGE 1 OF 3 Pennsylvania 20012741214080 TAX ID: 42-25-0030-033 This MORTGAGE, is made this Eighteenth day of October, 2001 by and between EVELYN V MCGUIRE (hereinafter called, whether one or more, "Mortgagor"), and Allfirst Bank, 25 South Charles Street, Baltimore, Maryland 21201 (hereinafter called "Mortgagee"). - WHEREAS, as evidenced by a Simple Interest Installment Ndte And Security Agreement dated 10/18/2001 and incorporated herein by this reference (hereinafter called the "Note"), Borrower, as Borrower is defined in the Note, is justly indebted unto Mortgagee in the principal amount of $ 22, 500.00 and Mortgagor has agreed that this Mortgage will secure the repayment of all the "Obligations", which term means all amounts loaned to Borrower under the Note, and any extensions or renewals thereof, as it now exists or may hereafter be amended, and all interest on such obligations, and all future advances and readvances under the Note, and all costs and expenses incurred in respect to the obligations, including reasonable counsel fees incurred to obtain collection after default, and all amounts which Mortgagor promises to pay hereunder, as is hereinafter provided: NOW, THEREFORE, THIS MORTGAGE WITNESSETH, That in consideration of the aforesaid indebtedness and of the sum of One Dollar, and to secure the Obligations, Mortgagor does hereby grant, assign and convey unto Mortgagee, its successors and assigns, all that lot of ground and premises located 2e SOUTHPOINT DR in UPPER ALLEN TOWNSHIP , Pennsylvania, known asMECHANICSBURG PA 17055 and more fully described in a Deed from HERMAN E STROUSE AND DOROTHY M STROUSE to Mortgagor dated 05/30/1997 recorded among the Land Records CUMBERLAND COUNTY in Deed Book 158 Page 865 ,together with the buildings and improvements thereon, and the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging or in any wise appertaining and any right, title, interest or estate hereafter acquired by Mortgagor, and all insurance proceeds and proceeds from any condemnation or taking by eminent domain (hereinafter called the "Mortgaged Property"). LEGAL DESCRIPTION: KNOWN AND NO. AS 26 SOUTHPOINT DRIVE MECHANICSBURG PA UNIT NO. 13 TO HAVE AND TO HOLD the Mortgaged Property unto Allfirst Bank, its successors and assigns, in fee simple with power of sale. If, however, Borrower shall pay the Obligations in full, and perform its other promises and covenants hereunder, then at any such time Mortgagee will at Mortgagor's request execute and deliver a release to the Mortgagor, and upon the filing of such request, this Mortgage shall be void. BUT ALWAYS PROVIDED, nevertheless, that if this Mortgage and the debt hereby secured are paid in full in the manner provided in the Note, then this Mortgage and the estate hereby granted shall cease and terminate and become void, anything herein to the contrary notwithstanding. Borrower and Mortgagor jointly and severally covenant and promise to Mortgagee as follows: a. All payments on the Note will be made when due, including payments due by acceleration of maturity, and all other conditions, covenants and obligations as required or provided herein, in the Note, or in any other obligation of Mortgagor to Mortgagee, will be performed; and b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the and the right to mortgage the; and c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity, water and sewer rents levied or assessed against the or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when due all amounts secured by any prior lien on the; and d. Mortgagor will keep the insured against fire and such hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall have attached thereto a standard mortgage clause(s) in form acceptable to the Mortgagee; and -6054A-0001 20012741214080 MORTGAGE (CLOSED-END COREDIT) PAGE 2 OF 3 e. Mortgagor will neither sell, assign or transfer any or all of the or any interest therein not commit nor suffer any strip, waste, impairment or deterioration of the and will maintain the same in good order and repair; and f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the conditions, covenants and obligations contained herein or in the Note, or in any other obligation of Mortgagor to Mortgagee, Mortgagee may, upon timely notice to Mortgagor if required by law, (i) forthwith bring any action of mortgage foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and any other sums that may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the Note and permitted by law, and (ii) enter into possession of Premises, with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and administration expense, apply-the net rents and profits to the payment of taxes and other necessary maintenance and operation costs (including agents' fees and attorneys' fees) or on account of the Note, in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect and Mortgagee shall be liable to account only for rents and profits actually received by Mortgagee; and g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement, stay and exemption laws now in force or hereafter passed, either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid by the purchaser of the at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the, or any part of the proceeds of sale thereof, from attachment, levy or sale under execution, or providing for any stay of execution or other process. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural and the singular and the use of any gender shall be applicable to all genders. h. Condominium. If the Mortgaged Property comprises a unit in, together with an undivided interest in the common elements of, a condominium project (the "Condominium Project") and the owners association or other governing body of the Condominium Project ("Owners Association") holds title to property for the benefit or use of its members or shareholders, the Mortgaged Property shall also be comprised of the Mortgagor's interest in the Owners Association and the proceeds of such interest. In addition to the covenants and agreements made in the Mortgage and Agreement, the Mortgagor and the Mortgagee further covenant and agree as follows: (1) Assessments. The Mortgagor shall promptly pay, when due, all assessments imposed by the Owners Association pursuant to the provisions of the declaration, by-laws, code of regulations of the Owners Association, or other constituent documents of the Condominium Project (hereinafter "Constituent Documents"). (2) Hazard Insurance. So long as the Owners Association maintains a "master" or "blanket" policy, which is satisfactory in form to the Mortgagee, with a generally accepted insurance carrier on the Condominium Project and which provides insurance coverage in such amounts, for such periods, and against such hazards as the Mortgagee may require, including fire and hazards included within the term "extended coverage", then the.Mortgagor's obligation to maintain hazard insurance coverage on the Mortgaged Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. The Mortgagor shall give the Mortgagee prompt notice of any lapse in such required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Mortgaged Property, whether to the unit or to common elements, subject to the rights of the holder of any permitted prior mortgage, any such proceeds payable to the Mortgagor are hereby assigned and shall be paid to the Mortgagee for application to the sums secured by the Mortgage, with the excess, if any, paid to the Mortgagor, as their interests may appear. (3) Public Liability Insurance. The Mortgagor shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to the Mortgagee. (4) Mortgagee's Prior Consent. The Mortgagor shall not, except after notice to the Mortgagee and with the Mortgagee's prior written consent, either partition or subdivide the Mortgaged Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents which is for benefit of the Mortgagee; (iii) termination of professional management and assumption of self-management of the Condominium Project Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owner's Association unacceptable to the Mortgagee. ' -8054A-00'01 r`" 20012741214080 MORTGAGE (CLOSED-END CREDIT) PAGE 3OF3 (5) Notice to Mortgagee. In addition to notices required to be given to the Mortgagee by the terms of the Mortgage, the Mortgagor shall promptly give notice to the Mortgagee of any material amendment to any provision of the Constituent Documents and also of any amendment to a material provision thereof. Examples of material provisions include, but are not limited to, those which provide for, govem or regulate: voting or percentage interests of the unit owners in the Condominium Project; assessments, assessment liens or subordination of such liens; the boundaries of any unit or the exclusive easement rights appertaining thereto; or reserves for maintenance, repair and replacement of the common elements. i. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors, and assigns of the parties hereto' Whenever used, the singular number shall include the plural, the plural and the singular and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Mortgagor has hereunto set hand and seal, Witness Mortgagor EVELYN V MCGUIRE Witness Mortgagor (SEAL) Witness Mortgagor Witness Mortgagor (SEAL) STATE OF PENNSYLVANIA COUNTY OF ) SS On this day of 20 , before me the undersigned officer personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged that (he, she or they) executed the dame for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: Notary I certify that the address of the within-named MORTGAGEE, and the address to which this document should be returned is: Allfirst Bank P.O. Box 17292 Baltimore, Maryland 21203 Signature On behalf o ortgagee This Mortgage was prepared by Allfirst Bank, P.O. Box 17292, Baltimore, Maryland 21203 -6054A-0001 1 f n N 7 r.. r C/J l ! ^T` f C Ri 1 SEP 0 8 2008 61 HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-243-6090 ATTORNEY FOR PETITIONER EVELYN V. McGU1RE, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA : NO. 2008 - ?'3;-3 CIVIL TERM DEPARTMENT OF TRANSPORTATION : Respondent ORDER OF COURT NOW, this &I-day of September, 2008, on petition of Evelyn V. McGuire, and on motion of her attorney, Harold S. Irwin, III, Esquire, a rule is hereby issued upon the respondent, Commonwealth of Pennsylvania Department of Transportation, to show cause why it should not be required to provide to the petitioner all information concerning the title to a certain 1988 Redman Mobile Home, Serial No. 112A5701, including but not limited to the identity of any lien holder thereon and any other details regarding the encumbrances on the title and any other information contained on the title and in the records of the Department of Transportation for said mobile home. ;? ?A e7?0 • J. -f f ??,,u gstc+ - 80 f vllb -0 ??:01s.pV D8 ol3"),IS0 Z r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN V. McGUIRE, : Petitioner V. No. 2008-5323 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation (Department), by and through its attorney Matthew X. Haeckler, Esquire, respectfully answers a rule to show cause filed in the above referenced matter on September 10, 2008, as follows: 1. Admitted. 2. Admitted. 3. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 4. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 5. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 6. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 7. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 8. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 9. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 10. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 11. Denied. By way of further answer, the allegations of fact contained in the paragraph are denied. By way of further explanation, there is no "Mobile Home Division." Accordingly, the Department has no way of knowing who, if anyone, the Petitioner contacted. Moreover, the Department is prohibited from disclosing information relating to a motor vehicle unless the person requesting the meets one of the exceptions to the Federal Driver Privacy Protection Act (DPPA), completes a form DL-135 (attached) certifying that they meet one of the exceptions to the DPPA and pays the statutorily mandated fee (see 75 Pa.C.S. §1955. Unless the Petitioner has certified that she meets one of the exceptions to the DPPA and has paid the fee required by Section 1955 of the Vehicle Code, the Petitioner does not meet the requirements for obtaining the information. 12. Denied. By way of further answer, the Department of Transportation has no knowledge relating to the truthfulness of the allegations of fact set forth in this paragraph. 13. This is a conclusion of law to which no response is required. To the degree that there is an allegation of fact, the Department has no knowledge relating to the truthfulness of any allegation of fact set for in this paragraph and therefore the allegations of fact are denied. By way of further answer, because petitioner has not alleged both that she has submitted a completed form MV-135 and paid the statutory fee, petitioner has not established her right to the information desired. 14. This is a conclusion of law to which no response is required. To the extent that there are allegations of fact in the paragraph, the allegations are denied. WHEREFORE, the Commonwealth of Pennsylvania, Department of Transportation respectfully requests that the Rule to Show cause issued in the above referenced matter be denied and the Petitioner directed to complete the MV-135 and pay the statutory fee as required. Respectfully submitted, x4o?/WAt-- Matthew X. Haeckler, Esquire Assistant Counsel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN V. McGUIRE, : Petitioner V. No. 2008-5323 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent VERIFICATION MATTHEW X. HAECKLER, Assistant Counsel, hereby verifies that the facts and information set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. This verification is made with the knowledge of the penalties set forth in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. MATTHEW X. HAECKLER Assistant Counsel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN V. McGUIRE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent No. 2008-5323 CIVIL TERM PROOF OF SERVICE I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Answer upon the person and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. 440: First Class Mail; Postage Pre-Paid Addressed as Follows Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Matthew X. Haeckler Attorney for Respondent Date: October 1, 2008 DL-135 (8-08) REQUEST FOR VEHICLE INFORMATION $6.00 Fee required for each record requested or $10.00 Fee for each certified record The most Current version of this form can be found at WWw.dmv.state.pa.us pennSylVania PRINT OR TYPE ALL INFORMATION LEGIBLY a DO NOT SEND CASH DEPARTMENT OF TRANSPORTATION QCC QCUCOCC CA12 IIJCTRIIR_TIANC/INFARMOTInN A REQUESTER INFORMATION B END USER OF INFORMATION BEING REQUESTED NAME NAME OF BUSINESS ADDRESS: P.O. Box number maybe used in addition to the actual address, but cannot ADDRESS: (P.O. Box not accepted), need to provide physical location of businesalresidence be used as the only address. CITY STATE ZIP CODE CITY STATE ZIP CODE DAYTIME TELEPHONE NUMBER (Required) REFERENCE NUMBER CONTACT PERSON PHONE N NAIC NUMBER POLICY NUMBER ?/ SIGNATURE X CLAIM NUMBER NOTARIZATION Na REQUIRED WHEN REQUESTING YOUR OWN RECORD MICROFILM Certified -OYES (Additional $5.00 Required) C VEHICLE INFORMATION CHECK (?) ONE ONLY: IDE OF FORM FOR EXPLANATION OF INFORMATION YOU WILL RECEIVE E ' (read instructions for number 2 on the back of the form) . SEE REVERS S TAG NUMBER TITLE NUMBER ? TITLE HISTORY Indicate if you want: ? ODOMETER READINGS ? CURRENT RECORD, or the ? ENCUMBRANCE/BASIC ? PREVIOUS RECORD ? BASIC INFORMATION VEHICLE IDENTIFICATION NUMBER DATE OF ACCIDENT (if applicable) ? INSURANCE E VEHICLE OWNER RELEASE NAME 1 NAME OF VEHICLE OWNER ADDRESS hereby request the PA Department of Transportation to furnish a copy of my PA vehicle record to, CITY STATE ZIP CODE NAME OF REQUESTER SIGNATURE OF VEHICLE OWNER DATE F AFFIDAVIT OF INTENDED USE -YOU MUST CHECK (?) O NE ITEM 1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. 2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research, and removal of non-owner records from the original owner records of motor vehicle manufacturers. 3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: a. to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and b. if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. 5. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. 6. For use by an insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting. 7. For use in providing notice to the owners of towed or impounded vehicles. 8. For use in connection with the operation of private toll transportation facilities. SUBSCRIBED AND SWORN I hereby certify that _ will TO BEFORE ME: MONTH DAY YEAR NAME OF REQUESTER Z SIGNATURE OF PERSON ADMINISTERING OATH use the vehicle information requested pursuant to Section 6114 of the Pennsylvania Vehicle Code, for the 0 purpose chocked above only and for no other reason. This affidavit is filed in compliance with Section 607 F of the Fair Credit Reporting Act and the Federal Drivers Privacy Protection Act. Illlye state that Uwe have read and signed this form attar its completion, and Vws swear or affirm that the statements made herein N S are true and correct, and that any statement made on or pursuant to this form is subject to the penalties of 16 PA C.S. Section 4e03(a)(2) (relating to false swearing), which shall include punishment of a fine not Q E SIGN IN PRESENCE OF NOTARY exceeding $5,000, or to a term of imprisonment of not more than two years, or both. Q A SIGNATURE OF REQUESTER TITLE OF REQUESTER (it applicable) Z L THIS FORM MAY BE PHOTOCOPIED MESSENGER NO. DL-135 (8-08) INSTRUCTIONS 1. A $5.00 non-refundable fee is required for each request. If the Bureau has no record for the information requested or the data supplied is insufficient, the fee will be spoiled to the cost of the search. 2. PRINT OR TYPE all. requested information on front of form. Submitting ONLY a name or name and address does not provide enough in#ormalion fora search of %he vehicle Moo, A search on TAG Number only is restricted to insurance claims 6vesfgation. ff * fAf3 mb er is the only vehicle iftiformation aviailsitlle, :section B must be completed and must include NAIL Number, Policy Number and Claim Number. Reference Number - is a unique identifier assigned by the Requestor. This information will be printed on the vehicle record that is returned to the Requestor. The Reference Number can assist you in processing the record when it is returned to your office. This information is not required. 3. If requesting your own record, complete Sections A, C and D only. Notarization is NOT required. If you currently own the vehicle but are requesting -a Title History, you must complete Section F and have the application notarized. 4. If requesting someone else's record, complete Sections A, C, D, and either E or F. 5. If requesting a record on behalf of another psrson, complete Sections A, B, C, D, and either E or F. NAIL Number, Policy Number and Claim Number are only required when the only vehicle Information available is the TAG Number. 6. When roquesting *11114s, history, a $6.00 fee is required for each title record. To determine the appropriate fee, please contact the numbers listed below to determine the number of title records available. HOURS TO GALL FOR INFORMATION ...8:00 A.M. TO 3,00 P.M. N STATE ............................................ 1-W-932-4600 OUT-OF-STATE .................................... (717) 412-5300 TOD IN STATE .................................... 1-800-228-0676 TOO OUT-OF-STATE ............................ (717) 412-5380 7. Make check or money over payable to: " of PA". DO NOT CASH. SBW Attach your check or money order and send to: ca -r Department of Transports on Bureau of Driver Licensing Rocold `gsr?ri vw t Bo s +4. Harrisburg, PA 171,064091 :;. DE-SC WTJON OF I Q T 1 AAI(AI A .E - i :_ ' Vehicle` record information is available for the pest 10 years only < NOTE: Salsa tax and purcri» price are corrsWiared confider" wW will not I proviclod. • Title History......... A copy of the title transaction documents will be provided. • Odometer ............. A copy of the title/renewal transaction will be provided. •Encumbrance ...... Includes %basic information listed above In addltlon to I1snhok is name and address and expiration date. • Insurance ............A copy of the title/renewal transaction wdl be provided. • Basic ....................Includes name, address, title number, tag, vehicle identification number (VIN), make and expiration date of tag. IMPORTANT INFORMATION CONCER NG THE USE OF VO LE `lam ITT I • Vehicle record information is confidential and restricted information and the Requestor/End User is responsible for establishing procedures to protect the confidentiality of these records. • Vehicle record Information can only be used for the purpose stated in Section F. • Vehicle record Information cannot be sold, assigned, or otherwise transferred to any party, other than the End User. • PennDOT retains exclusive ownership of all vehicle record information and the Requestor/End User shaff not combine and/or link in with any other data on any database exaW as may be required by law. • The vehicle record information cannot be used for direct mail advertising or any other type or types of mail or mailings. • The vehicle record information cannot be disseminated or published on the Internet without the express written permission of PennDOT. • PennOOT reserves the right to audit each request for vehicle record information. If the Requestor/End User is found to have requested vehicle record information for an unauthorized purpose, access to Pennsylvania vehicle record information will be terminated. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN V. McGUIRE, V. PETITIONER : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, NO. 2008 - 5323 CIVIL TERM RESPONDENT ENTRY OF APPEARANCE c? ? o TO THE PROTHONOTARY: o -r? - CJ Please enter my appearance on behalf of the Commonwealth of Penns Ivan ," ;-' Department of Transportation, Respondent, in the above referenced matter. , V(1 F 3 Matthew X. Haeckler Assistant Counsel Attorney I.D. No. 54577 Department of Transportation Office of Chief Counsel Riverfront Office Center - Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN V. McGUIRE, V. PETITIONER : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : NO. 2008 - 5323 CIVIL TERM RESPONDENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Commonwealth of Pennsylvania, Department of Transportation, Respondent, in the above referenced matter. Matthew X. Haeckler Assistant Counsel Attorney I.D. No. 54577 Department of Transportation Office of Chief Counsel Riverfront Office Center - Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 t. tko F?a-0,,-, tuF F.?,,,;?DTAR`( t?F THE 2010 jkN -8 PM 1 10 HAROLD S IRWIN III ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 ATTORNEY FOR PETITIONER N EVELYN V. McGUIRE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA : NO. 2008 - 5323 CIVIL TERM DEPARTMENT OF TRANSPORTATION : Respondent PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued, with rejudice. January 7, 2010 HAROLD S. IRWI III Attorney for Petitio 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920