Loading...
HomeMy WebLinkAbout12-1783 rnC0 ZM =9 3- 70 m e x;0 rr ?C) 3> ® c -n ?.C-) ,.,rt ,.. tom., Bryan W. Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookAd?lglaw.com Attorney for Richard McClure IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1939 HARLEY DAVIDSON UL : CUMBERLAND COUNTY, PENNSYLVANIA (Identification Number: 39UL3017) :No: 1'763 &V;1-Fef-M PETITION FOR DECLARATION OF OWNERSHIP AND NOW comes Mark W. Andrews, who petitions this Honorable Court for a Declaration of Ownership of a 1939 Harley Davidson Model UL motorcycle (Identification Number: 391.11-3017) 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 Mark W. Andrews and in support thereof respectfully avers: 1. Mark W. Andrews is an adult individual currently residing at 111 Carol Drive, Washington Boro, Pennsylvania 17582. 2. Jason Snow is an adult individual currently residing at 786 Stonewood Drive, Gap, Pennsylvania 17527. 3. Mark W. Andrews is requesting a Declaration of Ownership of a 1939 Harley Davidson Model UL motorcycle (Identification Number: 39UL3017) (hereinafter sometimes referred to simply as the "motorcycle") which Mr. Andrews obtained .# 1 d3.'I5 A0 Ard erla.a89 P"o 017a gas from Mr. Snow by way of bill of sale on February 29, 2012. (The Bill of Sale is attached hereto, made part hereof and marked as Exhibit "A"). (An affidavit of Mr. Snow, dated February 29, 2012 is attached hereto, made part hereof and marked as Exhibit "B"). 4. Mr. Snow acquired the motorcycle from his relative, Anthony Mancini in 1996. 5. As stated more particularly by Mr. Snow in his affidavit, Mr. Mancini was unable to provide Mr. Snow with a Certificate of Title for the subject motorcycle because Mr. Mancini acquired the motorcycle as discarded refuse in derelict condition in the southern suburbs of Philadelphia as part of his salvage business. 6. The subject vehicle is what is commonly referred to as a "basket case" and is consequently unrestored and unrideable. 7. 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 February 16, 2012 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 February 16, 2012 Report is attached hereto, made part hereof and marked as Exhibit "C"). 8. 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. 9. A search of the United States Department of Justice's National Motor Vehicle Title Information System (NMVTIS) was performed on March 20, 2012 and the search returned that the subject vehicle was not found in the NMVTIS database. (A true and correct copy of the March 20, 2012 NMVTIS search results are attached hereto, made part hereof and marked as Exhibit "D"). 10.A search of the National Insurance Crime Bureau (NICB) VINCheck database was performed on March 20, 2012 and returned that the subject vehicle has not been identified as a vehicle listed in the VINCheck Theft Records or the VINCheck Total Loss Records. (A true and correct copy of the March 20, 2012 NICB search results are attached hereto, made part hereof and marked as Exhibit "E") 11. There is no indication that there is anyone besides Mr. Mark W. Andrews who claims ownership of this 1939 Harley Davidson motorcycle. 12. Mark W. Andrews 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. 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). 14. 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. 15. The entire action is largely procedural and administrative, as pursuant to 13 Pa. C.S.A. § 2401(2), Jason Snow and Mark W. Andrews, took the steps necessary to transfer ownership of the motorcycle as between themselves as outlined more specifically on the attached bill of sale and affidavit. See Semple v. State Farm Mut. Auto. Ins. Co., 215 F.Supp. 645 (E.D. Pa. 1963). 16. 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, Mark W. Andrews respectfully requests that this Honorable Court declare that Mark W. Andrews is the owner of the 1939 Harley Davidson Model UL motorcycle (Identification Number: 39UL3017). Respectfully Submitt Date: Pr),%,Q ?? a o? a 0 r Bryan . Shook, Esquire ID #203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Mark W. Andrews A • N MOTORCYCLE BILL OF SALE FOR GOOD AND VALUABLE CONSIDERATION, including the payment of $-42-!2d- . , the receipt and sufficiency of which is hereby acknowledged, T4,SO N SNOW transfers to ("SELLER") hereby sells and /?Ia?f!? JAJ, A- NDi2eZ(J-S ('BUYER") the following motorcycle: PURCHASE PRICE ($): 3.T 306 , or GIFT VALUE ($) AND RELATIONSHIP OF BUYER TO SELLER: Make: H,,4k t uY-9A4 ?1 Q S o1 N Model: u Year. Color: LC?- Odometer Reading (Miles): /V/4- License Plate State: License Plate Number. VIN# (Motorcycle Identification Number): 3 9 (AL 30 WARRANTY: The SELLER warrants that it is the legal owner of the said motorcycle, that the said motorcycle is being sold free and clear of all claims and encumbrances. that the SELLER has the full right and authority to sell and transfer same, and that the SELLER will hold harmless and indemnify the BUYER from all claims adverse thereto. The SELLER has verged that the BUYER was of legal age to execute this contract on the date hereof. The said motorcycle is being sold "as is" without any express or implied warranty as to condition or working order. There is no warranty for any defect and all repairs are the responsibility of the BUYER unless the SELLER indicates any repairs for which he/she/they will pay and be responsible for. If any repairs are to be made by the SELLER they will be listed here: It is agreed that repairs to the motorcycle as listed above (circle one) will / will not be made, and that the following accessories, upgrades, and/or aftermarket parts (circle one) will / will not be included: ©xa © www.FreeBusinessForms.com A-. ---------------- SELLER and BUYER declare under penalty of perjury that to the best of their knowledge all disclosures to each other in connection with the above transaction. and all other information on this Bill Of Sale, is true and correct. Seller Name(s): - 1+5-Ow SNow Seller Signature(s): 4W6q 2W'W-1/ City: Seller Street Address(es): 13 L !il/ ?OLN 14 ?-?/ City: P144AV l S 2 State: Pf4 Zip Code: / 75-6 o-- Date Signed: c9 - -;- g - / e)- Buyer Name(s): l' I' o W. Buyer Signature(s): //I,- C64d1w,44- Buyer Street Address(es):_ _ /// hi#w C4t2o6 O2 kA5y/NG-7-ON Qd/W State: Pl Zip Code: / ? Z-- Date Signed: 7-- _ ZQ - I Z This Section for Notary: Commonwealth of Pennsylvania County of Lancaster Before me, this 29th day of February 2012 personally appeared Jason Snow and Mark W. Andrews who acknowledged they executed document for the purposes therein contain !?? COMMONWEALTH OF PENNSYLVAWA NOMM bd Pa a T ?wp Notary Pubik LanCaoff Canty My CMmWT 6q*= 142014 Member. ¢ennsvlvanla Aswdadm or Notaries © www.FreeBusinessForms.com a r, -F '-? AFFIDAVIT OF JASON SNOW Commonwealth of Pennsylvania County of Lancaster ss. I, Jason Snow, having an address of 786 Stonewood Drive, Gap, Pennsylvania, 17527, being duly sworn according to law, deposes and say that I purchased the subject 1939 Harley Davidson UL bearing vehicle identification number 39UL3017 from a relative of mine, one Anthony Mancini of Delaware County in 1996. Mr. Mancini worked in the salvage business in.the southern suburbs of Philadelphia, Pennsylvania and could not specifically recall where he came into possession of the subject motorcycle. Mr. Mancini did state that he owned the motorcycle for many years prior to selling it to me in 1996. At the time I purchased the subject motorcycle, the motorcycle was in derelict condition missing its entire front end. Mr. Mancini could not give me a title as he picked the motorcycle up as a discarded refuse and consequently received no title from the previous owner. During the years that I owned the motorcycle no one claimed an interest adverse to my interest and I have not heard from Mr. Mancini that anyone ever claimed an interest adverse to his interest. I sold the motorcycle to Mark W. Andrews of 111 Carol Drive, Washington Boro, PA 17582 for $3,300.00. 1 am making this affidavit in an attempt to work with Mr. Andrews so that Mr. Andrews can get a court order authorizing Penndot to issue a title to the subject motorcycle in Mr. Andrews name. I concur with the action being filed in Cumberland County, Pennsylvania and waive any right I may have to a hearing prior to an order being entered in this matter. And further deponent sayeth not Respectfully submitted, / DATE: z/Z-,) BY: son Snow 786 Stonewood Drive Gap, Pennsylvania 17527 Sworn and Subscrib before me, this - rte. 7 day of e ?fLO-4 0, 2012. Not ry Public J My commission expires: 2 W / y COMMMON,YN OF PEI!WrSYLVNQA Notarial ftm Reba Rancf4 Notary Public Paradise TWp., Lancaster County My Commission Expires May 18 2014 Member. Pennsvlvania Assodation of NOUR*s D COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 2/16/12 15:06 CHRISTOPHER J DAMONE 2132 MARKET ST CAMP HILL PA 17011-0000 VIN : 37UL3017 NO RECORD FOUND CERTIFICATE & ATTESTATION 120471127000044 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. e1344j C. dc.,?*lt. 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 : 37UL3017 CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES Multi-State Vehicle Report (NMVTIS) Page 1 of 1 Auto t Direct Inc. , N No Record Found 1. YIN 39UL3017 NOT found Enter VIN: 79I.I1.3017 Unfortunately, no matching record was found in the NMVTIS d t b Search a a ase. Please check the VIN you entered for possible errors. If the VIN is correct, this vehicle may be titled in 2. Terms of Use - - - - - a state not reporting to NMVTIS. View a map of participating states. 3. Billing Information IF a slate, salvage yard or insurer does not report a vehicle to the federal database, no report will be Record Not Found available. No Renard was found. It you wish to r:ontinue, please enter a new VIN above and dick "Search". Even though this VIN is not in the National Motor Vehicle Title Information System {NMVTISI, it does Exit Application not mean that this vehicle is free of damage, title brands or other problems. NMVTIS data comes from multiple sources, but the absence of a report is not an assurance of a vehicle's condition. Before purchasing a vehicle, check all available sources for information. Remember. even a "clean" vehicle history report does not guarantee that a vehicle is problem-free. It's always a good idea to lake a vehicle to an independent mechanic to have it checked for evidence of accidents or damage. We apologize that vie are unable to provide you with a vehicle report for this VIN. To begin another search, enter a new VIN in the search box to the left. D https:Happs.add 123.comINmvtisPpiWeb/NmvtisPpiWeb.html?vin=39ul30l 7&submit--Sea... 3/20/2012 VinCheck 69 ff"d Sclttlt6Wm 0V$ Home >'Ihea and Fraija Awareness VINCheck VINChecksM Results for' ViW 39u13017 P:€ Print this page VINCheck•- Theft Record VINCheck•- Total Loss Record 39u13017 has not been Identified as a vehicle listed in the VINCheck-- Theft Records. VINCheckse is updated regularly as additional information is reported. 39u13017 has not been identified as a vehicle listed in the VINCheck- Total Loss Records. /// VINChecksM is updated regularly as additional information is reported. Further information is available through AUtoCheck . An additional source for vehicle history data can be found on the NM National Motor Vehicle Titling Information System (NMVTIS) Web site by clicking here. If you are searching a motorcycle, click here for additional information from CycleViN. An additional charge will apply. CYCLUIAM The National Insurance Crime Bureau (NICB) has access to a database of vehicles which were reported as stolen within the past five years and remain unrecovered or declared as salvage. This information is being made available, free of charge, as a public service to consumers. This database contains a "salvage" file and an "insurance theft" file which is the information VINCheck searches during queries. The terms "total loss" and "salvage" are not synonymous in the insurance industry and that is important to understand when using VINCheck. Not all vehicles identified as a total loss will become salvage. A salvage determination is made by individual insurance companies based on individual company policies and applicable state law. • The NICB has not independently verified the information in the database and cannot, therefore, vouch for the accuracy of this information. • There are many other vehicles which have been reported as stolen which are not included in this database. • There are also many other vehicles which are total losses or salvage which are not included in this database. • It is possible that a vehicle was incorrectly reported as having been stolen, or was stolen and recovered, but has not removed from this database. • It is possible that a vehicle was incorrectly reported as salvage and has not been removed from this database. • It is also possible that there are vehicles with duplicate VINs and/or VINs incorrectly entered. • If a vehicle is reported in this database as having been stolen, but not recovered, you should verify with the NICB or your local law enforcement agency that a stolen vehicle report is active before taking any action regarding the vehicle. By checking a VIN against this database, you agree to not hold the NICB, its employees, Board of Governors, Members, agents or any other entity which provided this information to NICB, liable for any reason as a result of your use of this information including, but not limited to, if the information proves to be inaccurate. In order to continue with your inquiry as to whether a VIN is in the database, you must agree to and accept these Terms and Conditions of Use. https://www.nicb.org/theft-and-fraud-awareness/vincheck Page I of 2 USER ID: PASSWORD: ...i remember me glow to become a members-only user forgot your ID or password? About VINChecksM Don't let the vehicle you checked become a statistic - Learn how to protect it from crafty car thieves Special Thanks The NICB VINCheck database is made possible through the cooperation of participating NICB members. View, a list of those members. t NICB's VINCheck is a service provided to the public to assist in determining if a vehicle has been reported as stolen, but not recovered, or has been reported as a salvage vehicle by cooperating NICE members. To perform a search, a Vehicle Identification Number (VIN) is required. A maximum of five VINCheck searches can be conducted within a 24-hour period per IP address. VinCheck Page 2 of 2 The NICB VINCheck database is made possible through the cooperation of participating NICB members. To view a list of those members, please click here. « Back to Search https://www.nicb.org/theft-and-fraud-awareness/vincheck 3/20/2012 VERIFICATION I, Mark W. Andrews, 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: `' " 2C? d 2r Mark W. Andrews IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1939 HARLEY DAVIDSON UL : CUMBERLAND COUNTY, PENNSYLVANIA (Identification Number: 39UL3017) No: Certificate of Service I hereby certify that 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: Jason Snow 786 Stonewood Drive Gap, PA 17527 Date: MA4. L ;Zo, 100- Respectfully Submitted: Bryan W. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook(&-dplglaw.com IN RE: OWNERSHIP OF : IN THE COURT OF COMMON PLEAS 1939 HARLEY DAVIDSON UL : CUMBERLAND COUNTY, PENNSYLVANIA (Identification Number: 39UL3017) :No: /.2 - 117RA l i I ` -ar u ORDER -fe AND NOW, this the _ day of 4?rv/7 2012, after reasonable notice and an opportunity for hearing having been provided to all interested individuals, the Court hereby awards exclusive ownership of one 1939 Harley Davidson Model UL motorcycle (Identification Number: 39UL3017) to Mark W. Andrews and the right, title, and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation shall accept this Order as evidence of ownership in lieu of a Certificate of Title. Mark W. Andrews shall submit the appropriate forms, taxes, and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title. DISTRIBUTION LEGEND: Bryan W. Shook, Esquire 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 c y- e.5 ,wu' ly -d 1 y Q11-1 BY OU J. rn C;.w - 3 d y ! Jason Snow 786 Stonewood Drive Gap, Pennsylvania 17527 1011