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Home My WebLink About11-4581NATHAN C. WOLF, ESQUIRE C1 ATTORNEY ID NO. 87380 G 10 WEST HIGH STREET -%):c CARLISLE PA 17013 717 241 m ( ) -4436 ATTORNEY FOR PETITIONER ul)r N -Cy c n RAFFAELE ARENA, Petitioner IN RE: OWNERSHIP OF VEHICLE VIN 1HGCG5641WA174048 IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- q!5v : CIVIL ACTION - LAW =C w PETITION TO OBTAIN OWNERSHIP OF VEHICLE AND NOW, this day of May, 2011 comes the Petitioner, Raffaele Arena, (hereinafter "Petitioner") by and through his attorney, Nathan C. Wolf, Esquire, and files the following Petition to Obtain Ownership of Vehicle, and in support thereof, avers as follows: 1. Petitioner currently resides at 21 West North Street, Apartment 2, Carlisle, Pennsylvania, 17013. 2. Petitioner purchased a 1998 Honda Accord sedan from an individual by the name of Andres Exclusa Rivera (hereinafter "Rivera"), who had previously maintained an address of 1 Ivey Lane, Apartment 13, Harrisburg, Pennsylvania 17104. 3. Petitioner paid the sum of $1250.00 to Rivera on or about May 31, 2010 for the purchase of said vehicle. 4. Petitioner submitted an application for transfer of title, and attached thereto the original certificate of title, signed by Rivera, utilizing Locust Motors located in Harrisburg, Pennsylvania, to accomplish the transfer of title and ensure the proper payment of title fees and sales tax to the Commonwealth of Pennsylvania. C n --i S -+'f C -10 ?-Tl C:)-n S? ?y -73 rya R-101 A true and correct copy of the executed certificate of title is attached hereto as Exhibit A. A true and correct copy of the MV-3 verification of fair market value by issuing agent, signed by Rivera as well, is attached hereto as Exhibit B. 5. The Department of Transportation, Bureau of Motor Vehicles returned the application on the basis that according to the records of the Department, a duplicate title was processed for this vehicle since the date of issuance of the title submitted by the Petitioner. Petitioner has attempted without success to locate Rivera and, upon the only information he was able to secure, avers that Rivera has relocated outside of the United States and therefore the duplicate title cannot be produced to submit to the Department. 7. Petitioner has had possession of the vehicle since May 31, 2010, when the purchase occurred. 8. Petitioner has maintained the vehicle, carried insurance on the vehicle and has current registration and inspection on the vehicle. 9. Petitioner's registration expires at the end of May 2011, and Department will not renew the registration without having resolved the instant deficiency in the title application. 10. Petitioner must provide current registration documentation to an approved inspection location to obtain a new inspection sticker. 11. Petitioner relies on the use of said vehicle for daily transportation and requests this Court grant the instant relief on the basis that his exhaustive efforts to locate Rivera have been unsuccessful and that any further requirement of notice to Rivera would simply delay resolution of this matter. 12. Petitioner likewise submits that Rivera has been fully-compensated for the purchase and that he did execute the original certificate of title to complete the transfer of registration. 13. Petitioner avers, through the undersigned that the instant petition is being served on the last known address of Rivera, but previous attempts to locate him at that address have been unsuccessful. 14. Petitioner had attempted to secure counsel previously to resolve this matter but was unsuccessful and retained the undersigned only after much of his current registration period had expired, but immediately upon receiving his documentation and materials back from his prior counsel. 15. Upon information and belief, there is no manner in which to provide notice of Petitioner's intention to obtain title to document his ownership of said vehicle. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order granting the instant petition and awarding ownership of the vehicle to Raffaele Arena, directing the Department of Transportation, Bureau of Motor Vehicles, to along with any additional relief the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: May Zs, 2011 By: Watha olf, Esquire 10 Wet h Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Petitioner (0 /N ? W CERTIFICATE OFCCtI??.A11?tIt11.tti??)(????t? ,305 ?10155 0Of 4 u0) 144 2 '2 . 2m 100501741000450-005 ti H G C GHI 641TI'J ?tIC1 n4 998 HONDA I 522478555016. EX VEHICLE D04NUMBER YEAR MAKE OF VEHICLE TITLE NUMBER SDN , I I 2/19/113 1,569571 0 BODY TYPE U SEAT CAP PRIOR: TITLE STATE ODOM PROCD: DATE ODOM, MILES ODOM, STATUS `/24/98 2714/10 DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT GVWR GCWR TITLE BRANDS 1eGISTERED. OWNER(S) 1t 1it1Y,. 4R"ES EXCLUSA RIB' I C n. ,11 TVEY' LN' LN _T 13 #ARRISBURG PA 17104 F'+RSI I E,FAVOR OR SECOND LIEN FAVOR OF: C 1r ODOMETER S-AKUS 0 E ACTUAL MILEAGE 'T. = MNL,EAGE EXDEEOS THE MECHANICAL. LIMITS': 2 = NOT THE ACTVAi LYULEAGE 8= NC T THE ACTUAL MILEAGE-0DOMETE8 TAMPERING VERIFIED 4 = EXEMPT FROM ODOMETER DISCLOSURE T'TLE BRANDS A ANTIQUE VEHICLL C 1 LA..SIC VEHICLE D rOL,ECTIBLE VEHICLE F O T OF COUNTRY G JPIGINF.LL Y 1AFC0 rOIi NON?U.C. Pi8M1BUTION H =AGRICULTURAL VEHICLE L = LOGGING VEHICLE P = ISANAS A POLICE VEHICLE R = RECONSTRUCTED -S = STREET ROD RECOVERED. THEFT VEHICLE. V =VEHICLE CONTAINS REISSUED VIN A = FLOOD VEHICLE X 131 A TAXI if a second kenholder Is listed upon salisfactipn of the firm !len, the firsl ' LsnhoAor mutt forward this Title tc the BUreau ,f Motor +ahblee with the fi 11R9T LIEN RELEASED apprclpriite form and fee. i DATE BY SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE DATE ? MAIUNTi ADDRESS - AUTHORIZED REPRESENTATIVE ANDRES EXCLUSA RIVERA 1 IVEY LN LN APT 13 HARRISBURG PA 17104etltl5ytVdila DEPARTMENT OF TRANSPORTATION I _tutty as of the date of issue, the official records of the Pennsylvania Department ALLEN D BIEHLER 0 Tr,, nsponation reflect that the person(s) or company. named herein. is the lawful. owner is ve said vehicle. Secretary of Transportation CUBSCRIBED AND SWORN Tq R1 FORE ILIE: MO. - DAV y ?_ TU O A 1 IT TH f` f Ph r Lee- n V I'he r' c4 pngd hereby nukes pOr?iun . e of Title I. the vewd. d-, d epo.e u)e<•I ale e?,l om 9er m,ta;e„r--s k9VAIVOYMPL tT Uif.AU#fR 1ZED SIGNER OF AUTHORIZED SIGNER It a co-putChaser other than your spouse is listed and you want the title to be listed as 'Joint Tenants With Right of Survivorship" (On death of one owns[, title goes to surviving owner) CHECK HERE O. Otherwise, the title will he issued as 'Tenants in Common' (On death of one owner, interest of deceased owner goes to his/her heirs or estate). IF NO LIEN, CHECK L{pl IS THIS AN ELT? (IF YES, FIN REQUIRED) YES ? NO ? j IST LIENHOLDER FINANCIAL INSTITUTION NUMBER: I 1ST LIENHOLDER NAME 1 STREET CITY STATE ZIP IF NO 2ND LIEN, CHECK THIS AN ELT? (IF YES, FIN REQUIRED) YES ? NOD i_ 2ND LIENHOLDER FINANCIAL INSTITUTION NUMBER: dND UENHOLDER NAME STREET I CITY STATE ZIP 1%µrat r G,0 (TYPE OWARNING- R PRINT) Certificate of Title must be submitted within 20 FEDERAL AND STATE LAWS TO COMPLETE OR PROVIDING AO FALSE TATI RegUte ed dsAlsro must Plato I- MV27A w MVf AJ ASSIGNMENT OF TITLE - ee ren d bV . it P f e NOT a regis a dder sect o trre' roni of INe r rm must be rnmPletad. c , t the beat of rl r knowledge that the odometer reading is MTHS X miles and reflects the actual mileage of the vehic l urgess one of the foltowing boxes is checked: Reflects the amount of mileage ? in exce s of it m ch ni l limit Is NOT the actual miles pa WARNING t O a e ca s s a rea : d i r discre I/We further cerify that the vehicle Is free of any encumbrance and that the ownership is transferred to the person(s) or the dealer listed. SUBSCRIBED AND SWORN TO BEFORE ME: MO DAY YEAR unless the purchaser is a registered dealer holding the vehicle for resale. n ITE THE MILEAGE IN CONNECTION WITH THE TRANSFER OF OWNERSHIP FAILURE . MAY RESULT IN FINES OR IMPRISONMENT. 3 LAST FIRST MIDDLE NAMF . a PURCHASER M FULL BUSINESS D (D CHASER ? PG CO-PURCHASER 01 STREET _ ADDRESS CITY rNir 04 C STATE PURCHASE PRICE 1 OR DIN -- ID _ w i? t0 m 'RCHASER SIGNATURE CD •' IGN T R Mt V PU SIGNATURE Q PURCHA RAND! R 'ell Q CO-PURCHASER MUST w HANDPRINT NAM HERE W kill Si ?. 0 .7, IL ` r N Q SIG AT E OF CO-SE LE i/LS SELLER AIR MUST .. ,. '? ] CO-SELLER MUST - - to Af HAND =NAME HER t e ? of this form must be completed, VWO cartify, to the best of my/our nowil that the oda eerier reading is T - LAST FIRST MIDDLE NAME N TENTHS, C miles and rat X IeGts the actual mileage of the vehicla, PURCHASER OR FULL ' 1J 0 one of the tellmvmg boxes rs checked r BUS NESS NAME Pteflects ltip Ymount oP tY,MIe P is NOT the actual mlleAgge C4PJRCHASER fn H,xcees df fla IneohaNOSI ? tllscrr nGy w it WARNING Odometer LV7?ti ryingi cerply -*!r vjcle is lryq df'enY eraFuml?renC.e and that the ownership is Iferehy STRAEET DDRESS Iran 4o the persot orthe dealar'listed, - m (n SUBSCRIBED AND SWORN T?. m Tt%BEFORE ME: STATE PURCHASE PRICE (D ZIP OR DIN _ MO DAY YEAR CITY W d S1-TVRE:OF PERSON ADMINSTERING OAT PURCHASER SIGNATURE J wi G < CD CO-PURCHASER SIGNATURE n PURCHASER AND/OR rp Q, CO-PURCHASER MUST HANDP 1NT NAME HERE. a %GI4A-n -n E OF SELLER n SELL R A1UST f HANDPRINI-NAME HERE N ,ace , to the best of mytoW ImdA ige that Nie odometer raadmg is LAST FIRST MIDDLE NAME NTHS mil and reflects the. actual mileage of the vehicle; PURCHASER OR PULL • unWSS -no of the Folknvlilg bdka9 i6 dmckeo BUSINESS NAME ? , FleliBcts the amsi of 4-age Is NOT the actual mil0?ge BKCe66 of Its Tisent H iel Zuni { J WARNING Odometet discre anc CO-Pi190t-A.SER ? . p y VA- iho; ca"Ify that the vehicle is free of any encumbrance and that the ownership IS hereby STREET AODRESS tra?wrarrud to the pomon(g? er the dealslf listed. _ CITY SUBSCRIBED AND SWORN TO BEFORE ME: _ ASE PRICE PURC ZIP STATE MO. DAY YEAR OR DIN J Q W . ` ernn ¢I HERE VVJe certify, to the best of my/our knowledge that the odometer reading is TENTHS LAST FIRST MIDDLE NAME X miles and reflactS the actual mileage of the vehicle, PURCHASER OR FULL unless one of the following boxes Is checked: BUSINESS NAME Reflects the amount of mileage ? Is NOT the adfual mNa in excess of its me = ha i l it CO-PURCHASER c n ca Um e WARNING t7gometer repgncy I/We further certify that the vehicle is free of any encumbrance and that the ownership is bill STREET -- AD trahsferred to the maob(s) or the dealer listed. DRESS _ SUBSCRIBED AND SWORN CITY - TO BEFORE ME: MO. DAY YEAR 'x PURCHASE PRICE STATE ZIP OR DIN 5 UJ W E PURCHASER AND/OR g M PURCHASER NT NAME HER o ll , SLR MUST t HANDPRINT NAME HERE C. I CHECK„HERE IF APPLICATION FOR nFAI FCt Trill 1c?AAtn meas. in -- D. TITLING FEES $ Ual,67 14(? MV-3 (8-08) Commonwealth of PennCirivania PA Department of Transportation Bureau of Motor Vehicles Harrisburg, PA 17104-2516 MOTOR VEHICLE VERIFICATION OF FAIR MARKET VALUE BY THE ISSUING AGENT This form is used in conjunction with Forms MV-1, MVAST, 217A and an on-line processing Applicant Summary Statement TYPE OR PRINT ALL INFORMATION AS REQUESTED eod7r PURCHASE PRICE foe AVENT VERIFICATION OF FAIR MARKET VALUE - CTieck (o/ ) the approprlate lock: I certify that the average Fair Market Value for the vehicle described above is $ as verified by the current edition of a PennDOT approved publication. Name of Publication: WFT' lie/ vehicle or the fair market value for this vehicle was not listed In a current edition of a PennDOT Of gate 46.1 r Of E vehicle Is over 15 years dd xplain In defatl why the purchase price fisted on Form MV-1, MV-41ST, MV 217 or Applicant Summary Statemerd is less than 80% of the average Fair Market Value, or if the explain publication, how wand the purchase price is less then $500, explain tow the purchase price was determined, or if the vehicle is not fisted in a PennDOT approved suck do purchase price as listed in Section A was determined. Please use additional paper N more space is required. NOTE To PURCHASER: An the DrurAna °.v u e mev yb Please robin copies of this form, your cancelled check or o"nal cash receipt, and your receipt from the sager of this vehicle, along with oWw your copy of the Appikadon for Certificab of Tile (MV-11, the Vehicle Sales and Use Tax ReturniApplicagon for Registration (MV-48T) or the Appifcation by Financial Instl4htlons for Certitieate of 71tie After Default by Owner (MV-217A). If you fail to reply to the Department of Revenue, you will be assessed! for the estimated amount of tax due. / SEAL AND SIGNATURE OF SELLER - NUT RE IRED F VEH LES PURCHASED OUT-OF-STATE SUBSCRIBED AND SWORN IWe stale that Ihw haw road and signed this torn after tts completion, and I/we TO BEFORE ME: MONT ?s DAY YEA or 'affirm that the statements made herein are true and correct, and that any D./ made on or pursuant to this form is su Ion 4603 a 2 r,tlatito false sweari )blest to the penalties of 18 PA C.S.' ZT NA is no not exceeding $5,000, or to a term or imprisonment ent shall include punishment of of not more than two years, S both. T A UhiIL?S l^ A SIG "T%EXMM P SE OTA P Telephone Number ( ) SEAL. AND SIGNATURE OF PURCHASElit SUBSCRIBED AND SWORN have read a is rtn a r i corn on, an TO BEFORE ME: MONTtj- DAY s one t YEAR/O r or affirm that the ements made herein are true and correct, and that any made on or u to this form is subject to the penalties of 16 PA C.S. on Ala Nis eotion 4903(a)( swearing), which shall include punishment of a ?? ne not ex a t imprisonment of not more than two years, S T V D b ? see A DO NO% TA E U M SIG PED Irp IN rerun SE C ETA - I , P _ Telephone Nu r"- ( ) THIS FORM MAY E PHOTOCOPIED Messenger No. VERIFICATION I, Raffaele Arena, hereby verify that the facts contained within this Petition are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relaxing to unsworn falsification to authorities Dated: ?? /(