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HomeMy WebLinkAbout11-8171 3. ? _ M © z 7 Z:D fir., /163 `l Bryan W. Shook, Esquire ? y ID # 203250 . 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookadplglaw.com Attorney for Richard McClure IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1936 CHEVROLET 1 % TON TRUCK : CUMBERLAND COUNTY, PENNSYLVANIA (Identification Number: 9RB059777) i 7 cME?n ? No: / d PETITION FOR DECLARATION OF OWNERSHIP AND NOW come Richard McClure and William Swaney, who jointly, Petition this Honorable Court for a Declaration of Ownership of a 1936 Chevrolet 1 '/2 Ton Truck (Identification Number: 9RB059777) sufficient to permit the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles to issue a Certificate of Title to the aforementioned motor vehicle in the name of Richard McClure and in support thereof respectfully avers: 1. Richard McClure is an adult individual currently residing at 2580 Matterhorn Drive, Wexford, Pennsylvania 15090. 2. William Swaney is an adult individual with a current mailing address of PO Box 152 Mars, PA 16046-0152. 3. Richard McClure is requesting a Declaration of Ownership of a 1936 Chevrolet 1 1/2 Ton Truck (Identification Number: 9RB059777) (hereinafter sometimes referred to simply as the "truck") which Mr. McClure obtained from Mr. Swaney in 1978. (An affidavit of Mr. McClure, dated October 5, 2011 is attached hereto, made part hereof and marked as Exhibit "A") 4. Mr. Swaney acquired the truck from Mr. Carlisle E. Ellis in the mid-1960s. (An affidavit of Mr. Swaney, dated October 5, 2011, is attached hereto, made part hereof and marked as Exhibit "B"). 5. When Mr. Swaney acquired the truck he received from Mr. Ellis a signed, but not notarized Pennsylvania Certificate of Title number D4268196. (A true and correct copy of Pennsylvania Certificate of Title number D4268196 is attached hereto, made part hereof and marked as Exhibit "C". The original is available, for inspection, upon request). 6. Also at the time when Mr. Swaney purchased the truck, Mr. Ellis provided him with the sales tax form also signed by him and his wife, Mrs. Ellis, but not notarized. (A true and correct copy of the sales tax form is attached hereto, made part hereof and marked as Exhibit "D". The original is available, for inspection, upon request). 7. The subject vehicle is unrestored and undriveable. 8. As Mr. Swaney's affidavit indicates, at the time he purchased the truck from Mr. Ellis, he did not believe that he would be registering the truck so he never bothered to secure a Certificate of Title in his name for the truck which would have permitted him to register the truck for road use. 9. The undersigned caused a search of the records to be conducted by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles (hereinafter, from time to time, simply referred to as "Penndot") on September 29, 2011 in which the Bureau returned a finding that no record exists of the subject vehicle within the Records of the Bureau (A certified original of the September 29, 2011 Report is attached hereto, made part hereof and marked as Exhibit "E"). 10. With respect to these types of actions, the undersigned, on December 22, 2010, contacted Matthew Haeckler, Esquire, Assistant Counsel for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, who stated that Penn Dot has no interest in these matters other than the determination of who the owner of the vehicle is. 11. There is no indication that there is anyone besides Richard McClure who claims ownership of this 1936 Chevrolet 1 Y2 Ton Truck. 12. Richard McClure is unable to obtain a Certificate of Title from the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles because there exists no record of a Certificate of Title with the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles for this particular vehicle. 13. Further, Mr. McClure is unable to obtain a Certificate of Title from the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles because the title he possesses, in the name of the previous owner, Mr. Carlisle Ellis, was never notarized. 14. The failure to be able forward a Certificate of Title to Penndot for processing does not operate to prevent the transfer of ownership of the vehicles herein. Dept of Transp. v. Walker, 584 A.2d 1080 (Pa. Commw. Ct. 1990). 15. The primary function of certificates of title to automobiles have always been, and are still, to register the name and address of the person having the present right of possession, and to furnish persons dealing with one in possession of a car a means of determining whether such possession was prima facie lawful. Braham & Co. v. Steinard-Hannon Motor Co., 97 Pa. Super. 19, 23 (1929) See also Dept. of Transp. v. Walker at 1082. 16. The entire action is largely procedural and administrative, as pursuant to 13 Pa. C.S.A. § 2401(2), Richard McClure, William Swaney and Carlisle E. Ellis, all, respectively, took the steps necessary to transfer ownership of the truck as between themselves as outlined more specifically on the attached affidavits. See Semple v. State Farm Mut. Auto. Ins. Co., 215 F.Supp. 645 (E.D. Pa. 1963). 17. Both parties to this Motion waive the requirement of a hearing and consent to this Honorable Court granting the relief sought in this Motion without a hearing. WHEREFORE, Richard McClure and William Swaney, respectfully request that this Honorable Court declare that Richard McClure is the owner of the 1936 Chevrolet 1 Y2 Ton Truck (Identification Number: 9RB059777). Date: Oc?o`?a '7 z0 Date: O c t "t % 2-6 t r Respectfully Su`bmittted, Bryan W. hook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Richard McClure William Swaney, Individ y AFFIDAVIT OF RICHARD MCCLURE Commonwealth of Pennsylvania County of 3 ?44r ss. I, Richard McClure, having an address of 2580 Matterhorn Drive, Wexford, Pennsylvania, 15090, being duly sworn according to law, deposes and say that I own the subject 1936 Chevrolet 1 Y2 ton truck bearing vehicle identification number 9RB059777. I purchased the truck from one William Swaney in 1978. 1 have owned this truck for the past thirty three years with no one ever claiming an interest adverse to my interest. The truck is not currently drivable and remains unrestored. Although Mr. Swaney provided me with the title, it is my understanding that since the title is not completely filled out and since the title was never notarized, Penndot is unable to provide me with a title to this vehicle without a court's order. I have further learned through counsel that Penndot has no record of this vehicle in their system which further complicates the matter. And further deponent sayeth not Respectfully submitted, 1 DATE:-, U 1314 c L ichard McClure 2580 Matterhorn Drive Wexford, Pennsylvania 15090 Sworn and Subscribed before me, this 5- Notary Public My commission expires: C, 10-/ S day of -b ,2011. COMMONWEALTH OF?SYLVANIA Notarial Seal Charles W. Kennedy, Notary Public Adams Twp., Butler County My Commission Expires June 10, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES A-- AFFIDAVIT OF WILLIAM SWANEY Commonwealth of Pennsylvania County of f,3 , -1 rec. ss. I, William Swaney, having an address of P.O. Box 152, Mars, Pennsylvania, 16046- 0152, being duly sworn according to law, deposes and say that I purchased the subject 1936 Chevrolet 1 '/2 ton truck bearing vehicle identification number 9RB059777 from one Carlisle E. Ellis, a farmer in Mars, Pennsylvania in the mid-1960s. At the time purchased the truck, Mr. & Mrs. Ellis signed the back of the title, but it was not notarized as I did not believe I would be registering this truck as I intended to use it on my property. I paid $125.00 for the truck. Some years later in 1978 1 sold the truck to Mr. Richard McClure of 2580 Matterhorn Drive, Wexford, Pennsylvania 15090. During the years that I owned the truck no one claimed an interest adverse to my interest. In 1978 when I sold the truck to Mr. McClure I gave him the original signed title. And further deponent sayeth not Respectfully submitted DATE: /,o -s - ?BY: ?L? - - William waney PO Box 152 Mars, Pennsylvania 16046-0152 Sworn and Subscribed before me, this 60 L?2Z? Notary Public day of oe,trjbe.e 2011. COMMONWEALTH OF PENNSYLVANIA My commission expires: Cr iG - / 5 - Notarial Seal Charles W. Kennedy, Notary Public Adams Twp., Butler County My Commission Expires June 10, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES } CERTIFICATE OF TITLE TO A MOTOR VEHICLE PiT1rkLTY o aQenaa? om o?+?o /fiia??irxli icate.vfra_a »aa?a?xe F1.000.C/.ox 'ycaou(mle?wcn+nestl1,Er I DOOM WT.-CAT[ ORIG. T1TL[O OIORWN NO, MPR'>S NO. H.P.-GtAT.CAP..CH. WT. MAKK--TYPS BODY ANNUAL PQ TIT" NO. IMPORTANT DATR SHOWN IS THAT ON WHICH VKHICLL WAY p s ?y ORIGINALLY TITLKD. 13000 9RB01977? F 4007 MAX[ CERTAIN THAT CHEV tK 41.00 d4260196 -? TTURIN°S NUM".a:'o CAR AORM WITH MUM- CARLISLE G CLLZS T SHOWN ON THIS TITLL RrtrsaORCH 5t BOX 63 HARE 9UtLCR CO PA 37010 i w t./IK/a-J" ??I?l??*lstlllEl[r!'?'.??FIiO?i?.O???E?'??1t+Lt?YS?,?'?fdV?C I t E IMPORTANT NOTICE (Print or trpc n ormstion) If after the issuance of this Certificate of Title, the motor vehicle described on the other aide Is sold or leased, this Certlncata of Title must be properly filled out on this side and forwarded with the necessary fee to the Department of Revenue, Bureau of Motor Vehicles, Harrisburg, Pa., within fifteen (15) days excepting when a deafer files "Dealers Notification" form within ten (10) days of acquisition. Penalty; A fine of 025.00 or ten (10) days imprisonment. If this motor vehicle Is junked, scrapped or otherwise destroyed, the Bureau of Motor Vehicles must be notified and this Certificate of Title should be forwarded within ten (10) days. Penalty: Aline of $25.00 or ten (10) days imprisonment, Penal for false statement on this Application for certificate of title, flue of 00 or three (3) _ years rlaonmant or boils. 6 Q M T For valve received ie hereby lease to. sell, assign, transfer or set over to* (Name of Purchaser or Lessee) Address (Street and Number) (Post OIl9ce) (county) the motor vehicle described on the other side of this Certificate of Title and hereby warrant the Title to saiotor vehicle (auto) state that at the time of delivery the same is subject to the following liens: encumbrances. or other legal claims and none other: Encumbrance $. .... Favor of ,If no liens, etc., state "None") (Name) (Street and Number) (Post Office) (Count Are you a dealer in motor vehicles? . _rf so, state one dealer's Y) (State) lieglstratlon Number es or Subscrib d and) sworn to before me this ' t r)^ ?i? , ! day of. 19, f? SEAL d 1 .._. .. , .. _. ; s. (Signature fn Ink o! Person Admfntstering Osth} ? A?, ...' 4 ..r_... _ ( `(signature of Seller or Lessor in Ink) `Addrea? in Ink of Person Adm nistering Oath) I WARNING-;CRIB ASSIGNMENT MUST NOT $E SIGNED !! UNLESS NAME AND ADDRESS OF PURCHASER OR LESSEE M Commission trees __._ 18 .._.. APPEAR ABOVE. (Transfer of Ownership will not be made unless encumbrance, if any, shown on the other side of this Certificate of Title has been satisfied in full by encumbrance holder executing, "Application for Correction of Title when Encumbrance has been removed," form or recelpting other side of Certificate of Title.) being duly sworn states that she has acquired possession of the motor vehicle described on the Name of Purchaser) other side of this Certificate of Title by purchase or lease, subject to the liens, encumbrances, leases, contracts of conditional sales and other legal claims listed in the above assignment and all liens, encumbrances, leasers, contracts of conditional sales and other legsl claims set forth In this application, Is this motor vehicle subject to any encumbrance other than as set forth above9 If so, give: Amount ; (Yes or Na) (If no Rena, ate. state "None") Favor of (Name) (Street and Number) (Post Office) (County) (State) Are you a dealer In motor vehiclea?_... ............ ...Sf so. state one dealer's Registration Number (Yes or No) Subscribed and sworn to before me this day of 19 .. S SEAL *(Signature of Purchaser or Lessee in Ink) i Signature in Ink of Person Administering Oath) > i .._.., £Address In Ink of Person AdminSater.Iag Oath) (I+Et31IT Name in Ink IMAOMY as it appears Above In Signature) M Cammiesian iras 16 `(Must agree with name of Purchaser or Lessee above) A '8 AP IC T O F N P (Use this space only when registration plates are desired with Certificate of Title) We hereby make application for registration plates for the year 19 to be issued with Certificate of (Pass, Comm., Motor Bus, Motor Omnibus. Motorcycle, Motor Bicycle) Title to motor vehicle described on the other side of this Certificate of Title which we aver is equipped according to law. If application Is made for motor bus licenses give: Certificate of Public Convenience No.. ...... _„_._.. t o .01 x? a *(Owaar or Owners S Here in Ink) APPLICATION FOR MANOR* OF (Else this space If transfer of registration plates is desired from motor vehicle previously registered to motor vehicle hereby being registered) I We hereby make application for the transfer of ... registration plates No (Pass,, . Comm Motor Bus. Motor Omnibus., Motorcycle Motor Bicycle) Issued for the year 19..._.._.., for »,.... ...?._.am ...._.:...._.__motor vehicle No .__....covered by Certificate of Title, No. (Make of Vehicle) (Manufacturer's No.) to the mo+,ar vehicle described on the other side of this Certificate of Title which we aver is equipped according to law. If application is made for motor bus licenses, give: Certificate of Public Convenience No...._..__ _...._„ , -(Owner or Owners 8 n Here in Ink) APPLICATION FOR $ UE N 8 (Use this space only when replacement of lost or destroyed registration plates is desired with transfer of registration from one motor vehicle to another) ?t I hereby make application for replacement of 19.... registration plates to be issued with transfer of registration plates and Certificate h of Title to the motor vehicle described on the other side of this certificate of Title which We aver is equipped according to law. Reason for requiring new plates ........ „_..,..,,._........._....... (One Or both Rtes loot, deaf °d' stolen, defaced latex never received) *(Owner or Owners Sign Here in Ink) PIERS T' ) DO NOT SEND CASH k PAYMENT MAY BE MADE BY CHECK OR MONDY ORDER DRAWN TO THS ORDER OF T212 PMMSYLVANIA D$PART ENT OF REVMNtIE FORWARD IT TOGNT WITH APPLICATION TO THE BUREAU OF MOTOR VIIHICLIIB HARRIBSURG}, PA. CHECKS ARE RECEIVED SVBJRCT TO FINAL PAYMENT AND AT THE RISK OF THE PAYER Fee for Certificate of Title (See footnote No. 1) ... ,,. _, .._., 411.1-.1-11--11-1 i Fee for Registration Plates (If desired with Certificate of Title) ( Half Quarter fee fee e and and after after Jan. lstot.I $ $ .. ! ) a .... i Fee for Transfer of Registration Plates (If desired with Certificate of Title) (Sae footnote Nn 21 ._ *.,,,, Fee for Rainane of Ra?ffatration Plates tIf desired with transfer of registration plates) (See footnote NO. 3) $:. ONE RINOTTANOHg !OR TSIB APPLICATION FOR. TWX TOTAL PUM RHgIISBTED ?? .TOTAL ; _s.n (1) The fee for each certificate of title is $2.00, except in the case of a manufacturer, jobber or dealer holding valid dealer's registration plates, when the fee fa $0,50. No half fees. (2) Transfer fee, $200, when motor vehicle to of equal or less horsepower or classification than that originally reglaWed; or y2.00 plus the difference between the fee originally void and that due if the motor vehicle be properly registered in a higher clue; half of additional fee art and after October let; quarter of add tional fee on, and after Jan. rat, (3) Fee for Reissue of Registration Plates $1.00, except in the cue of motorcyciea or motor blcyclee, When the fee Is $0.50. SIONATURE:-The application shall be stRuad by the owner, if a natural versos, and in the cases where the owner Is a corporation, copart. whlchpah or all association. bts ed g wan ere av daa c of th?f ors some person specifically authorised by said carparatlan, to elan the application, to Form RVTA-20001-340 - •10 COMMONWEALTH OF PENNSYLVANIA TAXES FOR EDUCATION RETURN DEPARTMENT OF REVENUE FOR MOTOR VEHICLES BUREAU OF TAXES FOR EDUCATION Harrisburg 17128 SALES AND USE TAX VERIFICATION OF PENNSYLVANIA TAXES FOR EDUCATION A. Do not detach. All items must be completed with typewriter or printed with Ink, including Block F on reverse side, if exemption is claimed. This form must accompany the application for title and/or registration. This section of the form will be returned for your income tax records after processing by the Bureau. Purchaser 1. Name 2. Address 3. City State Zip .TE 632 I1-691 4. Purchase Date_ 5. Make of Vehicle 6. Title No. 7. Mfgrs. No. 8. Tax Reported COMMONWEALTH OF PENNSYLVANIA TAXES FOR EDUCATION RETURN DEPA81'IMEN11W,-REVENUE FOR MOTOR VEHICLES BUREAU OF TAXES FOR EDUCATION Harrisburg 17128 SALES AND USE TAX B VEHICLE DESCRIPTION: Give all details indicated below. 9. 10. TAX VALIDATION (For Department Use Only) TAX VALIDATION (For Department Use Only) YEAR MAKE BOGY STYLE NEW CONOITIDA MANUFACTURER'S NUMBER TITLE NUMBER VEHICLE IR PURCHASED Q USED E; VEHICLE YEAR MAKE BODY STYLE NEW CONDITION' MANUFACTURER'S 'NUMBER TITLE NUMBER TRADED Q USED Q O FAIR PRINC I PALS: 11, Purchaser Purchase Date Name Address City. County. State Zip Code 12. Seller Name Address City County State Zip Code 13. PURCHASE 1 PRICE 1 14. LESS TRADE-IN i 15. TAXABLE AMOUNT I,. 18.X8% L. 17. s LESS TAX CREDIT 1B. TAX DUE FROM BUYER ITEMS 13, 14 AND' 15 MUST BE COMPLETED EVEN THOUGH AN EXEMPTION IS CLAIMED. • TAX CREDIT: H you paid tax upon the purchase price of the Vehicle to another state which has Sales Tax Reciprocity On Vehicles with Pe you may claim credit for the amount of tax paid. DO NOT COMPLETE THIS ITEM UNLESS: 111 you attach EVIDENCE OF PAYMENT such as settlement statement, etc., or .12) your TITLE shows the arnount of tax paid. E. CERTIFICATION: Must be signed in ink. 1/We hereby certify that I/We have examined and signed this form after itswonw"lion and that the,information given is true and correct to .r.:.. If exemption is claimed,:l/We further certify that I/we are authorized to claim this exemption. I/We understand that misuse of this oertific fraudulent statements hereon is a crlnwiPunishable by $2,000 fine or three years Imprisonment or both:: - ` 19Purc-haser.or.Donee 20. IlerorD-oonno-r 'r.GCI 'Signature Date i nature ( i Date Signature Date Signature Date IMPORTANT: Purchaser is responsible for final payment of remittance. A separate check must be submitted for sales tax and motor vehicle fees. Remittance D. -TAX COMPLITATION: COWUTE,TAk BELOW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 9/29/11 10:12 BRYAN W SHOOK ESQUIRE 2132 MARKET ST CAMP HILL PA 17011-0000 VIN : 9RB059777 NO RECORD FOUND CERTIFICATE & ATTESTATION 112721167000036 001 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. el&wjo?l. A4rsi BARRY J. SCHOCH, P.E. SECRETARY OF TRANSPORTATION I hereby attest that the Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. In compliance with your request, I certify that I have caused a search to be made of the files of the Department of Transportation. VIN : 9RB059777 CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Qcr l ?LO L I ' y4ze? William Swaney VERIFICATION I, Richard McClure, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Oc `l i 4 t -)--6 (1 Richard McClure IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1936 CHEVROLET 1 % TON TRUCK : CUMBERLAND COUNTY, PENNSYLVANIA (Identification Number: 9RB059777) : No: CERTIFICATE OF SERVICE I hereby certify that on October 27, 2011 a copy of the foregoing Petition, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: William Swaney PO Box 152 Mars, Pennsylvania 16046-0152 Respectfully Submitte , Date: cA o br,L 7 -Zo/i Bryan A. Shook, Esquire ID# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446