HomeMy WebLinkAbout12-1057FUD-OFFICE
CF THE PROTHONOTAR'i
2012 FEB 21 AM 11: 24
CUMBERLAND COUNTY
IN RE: 1967 BSA Motorcycle IN THE COURT OF COMMON PLEAS
VIN: A65L15322 OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 12 7 ?Ui Lrr?
CIVIL ACTION - LAW
ROBERT M. WALKER, Pro Se INVOLUNTARY TRANSFER OF
Petitioner MOTOR VEHICLE TITLE
NOTICE TO DEFEND
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 COMPLAINT AND NOTICE ARE SERVED, BY ENTERING
A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR
FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE
MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW
TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-800-990-9108
717-249-3166
103. 7,§-1001 C? /S78
,e,#a 7/a69
Y
IN RE: 1967 BSA Motorcycle IN THE COURT OF COMMON PLEAS
VIN: A651-15322 OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT M. WALKER, Pro Se,
Petitioner
No.
: CIVIL ACTION - LAW
INVOLUNTARY TRANSFER OF
MOTOR VEHICLE TITLE
PETITION FOR INVOLUNTARY TRANSFER
OF MOTOR VEHICLE TITLE
AND NOW, comes Petitioner, Robert M. Walker, pro se, who files this Petition for
Involuntary Transfer of Motor Vehicle Title in accordance with procedures required by the
Pennsylvania Department of Transportation ("PennDOT"), respectfully stating as follows:
1. Petitioner is Robert M. Walker, who appears pro se, but is also an attorney-at-
law, licensed by the Commonwealth of Pennsylvania, having a residence address of 23 Irongate
Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. On November 7, 2010, Petitioner purchased a 1966 BSA Lightning Motorcycle,
VIN No. A651-15322, from Jason R. McQuown, whose address is 7527 Fishing Creek Road,
Harrisburg, Dauphin County, Pennsylvania 17112. A copy of the notarized Bill of Sale from Mr.
McQuown for the purchase is attached to this Petition as Exhibit "A".
3. As stated in the Bill of Sale, the motorcycle was in "rough condition", Mr.
McQuown having owned the motorcycle for several years but never having had any form of
vehicle title for said motorcycle.
4. On November 12, 2010, the Petitioner conducted a search of the Pennsylvania
Department of Transportation records to determine if there were any active records of vehicle
ownership for said motorcycle.
5. A vehicle record abstract provided by the Pennsylvania Department of
Transportation, a copy of which is attached hereto as Exhibit "B", indicates that while at one
time PennDOT had records relative to ownership (as evidenced by a title number), any record of
ownership has been purged from PennDOT's records and there are no listed owners and no
listed lien holders or title brands for the motorcycle.
6. Petitioner is in the process of restoring the motorcycle so that it may be licensed,
inspected and insured for use.
7. In order to obtain a motor vehicle title for the motorcycle, Petitioner is required to
commence the instance action, obtain a hearing date, and obtain an Order of Court following
the hearing, in accordance with rules and regulation promulgated by PennDOT. A copy of the
requirements issued by PennDOT relative to the involuntary transfer of motor vehicle titles is
attached hereto as Exhibit "C".
WHEREFORE, Petitioner, Robert M. Walker, respectfully requests that this Honorable
Court:
(i) Schedule a hearing on this Petition for consideration of Petitioner's request; and
(ii) After such hearing, enter an Order of Court in the form attached as Exhibit D
indicating that the Commonwealth of Pennsylvania, Department of
Transportation, may accept the Order of Court as evidence of ownership in lieu
of a Certificate of Title, provided Petitioner submits all forms, taxes and fees in
order to receive the appropriate Certificate of Title for said motorcycle.
Respectfully submitted,
Dated:
Robert M. er, Pro S
23 Irongate Court
Mechanicsburg, PA 17050
EXHIBIT "A"
BILL OF SALE
Sold to Robert M. Walker, 23 Irongate Court, Mechanicsburg, PA 17050, one (1)
1966 BSA Lightning motorcycle, VIN Number A651-15322, rough but restorable
condition, for $200.00, on March 22, 2010. This motorcycle was owned by me for
several years and I never had any form of title for said motorcycle.
won R. McQuowh
7527 Fishing Creek Road
Harrisburg, PA 17112
X
Date: November ? -2010
SWORN TO AND SUBSCRIBED before me, this -7+-A- day of November, 2010.
z tk C7
Notary Public
My Commission Expires: ???__; a0 /?
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Donley, No7:1
camp Hill Boro' curn County
[my commissiion E)iret SMember, Pennsylvania Association of Notaries
EXHIBIT "B"
DL-135 (9-10)
REQUEST FOR VEHICLE INFORMATION
$5.00 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
SEE REVERSE FOR INSTRUCTIONS/INFORMATION
A REQUESTER INFORMATION B END USER OF INFORMATION BEING REQUESTED
NAME NAME OF BUSINESS
ROBERT M. WALKER
ADDRESS: P.O. Box number may be used In addition to the actual address, but cannot ADDRESS: (P.O. Boa not accepted), need to provide physical location of bustnessifesldence
be used as the only address.
MRONGATE COURT
CITY
MECHANICSBURG STATE
PA 1 ZIP CODE
17050 CITY STATE ZIP CODE
DAYTIME TELEPHONE NUMBER (Required) REFERENCE NUMBER CONTACT PERSON PHONE #
761-1200
-P NAIC NUMBER POLICY NUMBER
CLAIM NUMBER
SIGNATURE X
NOTARIZATION== REQUIRED WHEN REQUESTING YOUR OWN RECORD D MICROFILM Certified -OYES (Additional $5.00 Required)
C VEHICLE INFORMATION CHECK (?) ONE ONLY:
(read instructions for number 2 on the back of the form) SEE REVERSE SIDE OF FORM FOR EXPLANATION OF INFORMATION YOU WILL RECEIVE.
TAG NUMBER TITLE NUMBER ? TITLE HISTORY- Indicate it you want: ? ODOMETER READINGS
? CURRENT RECORD, or the id ENCUMBRANCE/BASIC
? PREVIOUS RECORD ? BASIC INFORMATION
VEHICLE IDENTIFICATION NUMBER DATE OF ACCIDENT (if applicable) ? INSURANCE
A65-L15322 E VEHICLE OWNER RELEASE
NAME
I
NAME OF VEHICLE OWNER
ADDRESS hereby request the PA Department of Transportation to furnish a copy of my PA vehicle record to.
7627 FISHING
CITY STATE ZIP CODE NAME OF REOUESTER
HARRISB RG PA 17112 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 verity the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
b. 4 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.
B
RED AND SWORN n
C
j
??
EFO
TO BEFORE ME:
L?
MONTH DAY YEARU
TO /?
/
L,
kjI?
- '
L,/
I hereby certify that
will
Z NAME OF REQUESTER
O use the vehicle information requested pursuant to Section 0114 of the Pennsylvania Vehicle Code, for the
purpose checked above only and for no other reason. This affidavit is filed in compliance with Section 607
of the Fair Credit Reporting Act and the Federal Drivers Privacy Protection Act. Ilwo state that Ilwe have
Q
N
R
S _. ?
KEME!, YwWy, Pd*
J L?11?LS7 ???J
CIMMMM S read and signed this form after its completion, and 11we swear or affirm that the statements made herein
are true and correct, and that any statement made on or pursuant to this form is subject to the penalties
Q
E .
_
a ?(
of 18 PA C.S. Section 4903(a)(2) (relating to false swearing), which shall include punishment of a fine not
exceeding S5,000, or to a term of imprison of not more than two years, or both,
x`17
RY
Z A s SIGNATURE OF REQUESTER-` TITLE OF REQUESTER (if applicable)
L , Pennsl4vt+nfa A 'le. loll -
THIS FORM MAY BE PHOTOCOPIED MESSI NGER N0.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
11/12/10
11:30
ROBERT M WALKER
23 IRONGATE COURT
MECHANICSBURG PA 17050-0000
CERTIFICATE 8 ATTESTATION
103161074000089 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.
e?y&.L - 44&,
SECRETARY OF TRANSPORTATION
I hereby certify that the documents attached hereto are full, true and
correct photostatic, microfilm or printed copies of documents or electronically
stored information of which I have legal custody and that the copies conform to
the requirements of 6109 of the Judicial Code. Sales tax information is
redacted from applications for certificate of title in accordance with the Act
of April 9, 1929, P.L. 343, as amended, 72 P.S. Section 731.
TITLE: 18197431
VIN : A65L15322
CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA.
Consolidated Statutes.
rcc.k.C,6o--
ANITA M. WASKO, DIRECTOR
BUREAU OF MOTOR VEHICLES
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
11/12/10 11:30
PAGE 1
103161074000089 001
OWNER LESSEE : NONE
TITLE NUMBER 18197431
TAG NUMBER TITLE DATE
VIN A65L15322 REGISTRATION EXPIRY DATE:
BODY TYPE
MAKE ODOMETER READING
MODEL *ACTUAL MILEAGE
RENEWAL WID DUPLICATE TITLE COUNT 0
PREVIOUS TAG VEHICLE YEAR 0000
LIENS NO STOLEN DATE
STOPS
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INFORMATION: (8:00 AM TO 6:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-412-5300
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-412-5380
WWW.DOT.STATE.PA.US
EXHIBIT "C"
FACT SHEET W11,
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's 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 PENNSYLVANIA, 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.
October 2006 - over -
Bureau of Motor Vehicles - Research and Support Operations Section
P.O. Box 68031, Harrisburg, PA 17106-8031
Visit us at wwwAmv.state.pa.us
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
newspaper(s) 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 BarAssociation Lawyers Directory & Product 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.
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) Form MV-1, "Application for Certificate of Title," and check or money order payable to the
Commonwealth of Pennsylvania.
(3) Appropriate sales tax, title and registration fees.
Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market
Value of the vehicle as listed in a current edition of a Department-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 ORD!?2
AND NOW, this day of 20 , after reasonable notice
and an opportunity for hearing having been pr vitae o f nterested parties the Court hereby
awards ownership of one [year], [make]Cmotlel], bearing vehicle identification number
. .. to [name of applicant], and the right, title
and interest of any other person to th't"10-on d vehicle is hereby extinguished. The Commonwealth of
Pennsylvania, Department of s may accept this order as evidence of ownership in
lieu of a Certificate of Title. Th a inner shall submit the appropriate forms, taxes and fees and
comply with any other proceWes of the Commonwealth of Pennsylvania, Department of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
EXHIBIT "D"
IN RE: 1967 BSA Motorcycle
VIN: A65L15322
ROBERT M. WALKER, Pro Se,
Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
INVOLUNTARY TRANSFER OF
MOTOR VEHICLE TITLE
ORDER GRANTING TITLE TO A MOTOR VEHICLE
AND NOW, this day of , 2012, the Court hereby awards
ownership of one 1966 BSA motorcycle bearing Vehicle Identification Number A65L15322 to
Robert M. Walker, 23 Irongate Court, Mechanicsburg, Pennsylvania 17050, and the right, title
and interest of any other person to said vehicle is hereby extinguished. The Pennsylvania
Department of Transportation may accept this Order as evidence of ownership in lieu of a
Certificate of Title. Petitioner shall submit the appropriate forms, taxes and fees, and comply
with all other procedures of the Pennsylvania Department of Transportation in order to receive
the appropriate Certificate of Title for said vehicle.
BY THE COURT:
J.
VERIFICATION
I, Robert M. Walker, Petitioner in the instant Petition for Involuntary Transfer of Motor
Vehicle Title, hereby affirm that the statements made in this Petition are true and correct to the
best of my person knowledge, information and belief. This verification and statement is made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
Date:
Robert
3
IN RE: 1967 BSA Motorcycle
VIN: A651-15322
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.?` ?Q?7 C'L?/her
CIVIL ACTION - LAW
ROBERT M. WALKER, Pro Se,
Petitioner
INVOLUNTARY TRANSFER OF
MOTOR VEHICLE TITLE
ORDER OF COURT
'1
AND NOW, thid day of , 2012, upon consideration of the
attached Petition for Involuntary Transfer of Motor Vehicle Title, it is Ordered and Decreed that a
hearing on this matter is set for the day of , 2012, in Courtroom No.
, at /I. bo o'clock&.m.
BY RT:
t?
r--
Gt7
rM
r-
?"r? lam'
I
X )
?Cz
-C
I GIker Lazo 64 'ic e
cc p?1 j114. / -'d -04) /1a
6
'e/` L
IN RE: 1967 BSA Motorcycle
VIN: A651-15322
ROBERT M. WALKER, Pro Se,
Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. I ? - ld.57
CIVIL ACTION - LAW
INVOLUNTARY TRANSFER OF
MOTOR VEHICLE TITLE
e:
c:
C_:
r-i,,
ORDER GRANTING TITLE TO A MOTOR VEHICLE
AND NOW, this day of , 2012, the Court hereby awards IK4 .7-
ownership of one 1966 BSA motorcycle bearing Vehicle Identification Number A651-1 5322 to
Robert M. Walker, 23 Irongate Court, Mechanicsburg, Pennsylvania 17050, and the right, title
and interest of any other person to said vehicle is hereby extinguished. The Pennsylvania
Department of Transportation may accept this Order as evidence of ownership in lieu of a
Certificate of Title. Petitioner shall submit the appropriate forms, taxes and fees, and comply
with all other procedures of the Pennsylvania Department of Transportation in order to receive
the appropriate Certificate of Title for said vehicle.
BY OURT.
J.
or korl- M u/a d L q0 5e
V, ?o
C?opi ?s ha/7 a/
vvr? C/
y0111-1
-t-, _._
r? ;