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HomeMy WebLinkAbout14-3135t I ... THE PROTHONOTARY IN RE: 2007 Chrysler : IN THE COURT OF COMMON PLI A§ iTz j «2 PN 14: 7 VIN: 1A8HW58P87F505185: CUMBERLAND COUNTY, PENNSYLVANIA CUMCERLAND COUNTY PENNSYLVANIA SCOTT A. SHIVELY AND STACEY M.: NO. SHIVELY, : CIVIL ACTION - LAW Petitioners : INVOLUNTARY TRANSFER OF MOTOR : VEHICLE TITLE PETITION FOR INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE AND NOW, come Petitioners, Scott A. Shively and Stacey M. Shively, by their attorney, Anthony L. DeLuca, Esquire, and file this Petition for Involuntary Transfer of Motor Vehicle Title in accordance with procedures required by the Pennsylvania Department of Transportation ("PennDOT") based upon the following: 1. The Petitioners, Scott A. Shively and Stacey M. Shively are adult individuals who reside at 22 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. On or about October 18, 2007, the Petitioners purchased a 2007 Chrysler Aspen 4 door van, black in color, having a VIN of 1A8HW58P87F505185, from Carlisle Chrysler Jeep, LLC. A copy of the Pennsylvania Motor Vehicle Installment Sale Contract dated October 18, 2007 for the purchase of the vehicle is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 3. The Petitioners financed the purchase of said vehicle from Members 1St Federal Credit Union. 4. Subsequently, the Petitioners paid off the loan to Members 1St Federal Credit Union and obtained another loan for the vehicle through Cornerstone Federal Credit Union. /03. 7,57,0d /9. 5. :30k 5. Thereafter, Cornerstone Federal Credit Union contacted the Petitioners requesting the title to the vehicle but the Petitioners had never received a title to the vehicle from Carlisle Chrysler Jeep, LLC. 6. In 2007, Carlisle Chrysler Jeep, LLC filed for Chapter 7 Bankruptcy to No. 1:07-bk-03537-MDF and, as a result, is no longer in business. 7. A certified letter dated July 24, 2013 was sent to Carlisle Chrysler Jeep, LLC and returned by the United States Postal Service. A copy of said letter and envelope are attached hereto, marked as Exhibit "B" and incorporated herein by reference. 8. Petitioners subsequently contacted the Pennsylvania Department of Transportation with a request of vehicle information for the car in question. 9. A vehicle record abstract provided by the Pennsylvania Department of Transportation indicates that the owner of the vehicle was an individual by the name of Aaron J. Skurzynski who resided at 139 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050 and the lien holder was listed as Carlisle Chrysler Jeep, 1119 Harrisburg Pike, Carlisle, Pennsylvania 17013. A copy of the vehicle record abstract is attached hereto, marked as Exhibit "C", and incorporated herein by reference. 10. The Petitioners have been in continuous possession of said vehicle from the time of purchase to the present. 11. In order to obtain a motor vehicle for the vehicle, Petitioners are required to commence the instant action, obtain a hearing date and obtain an Order of Court following the hearing, in accordance with rules and regulations promulgated by PennDOT. A copy of the requirements issued by PennDOT relative to the Involuntary Transfer of Motor Vehicle Titles is enclosed herein, marked as Exhibit "D", and incorporated herein by reference. WHEREFORE, Petitioners respectfully request that this Honorable Court: 1. Schedule a Hearing on this Petition for consideration of Petitioner's request; and 2. After such Hearing, enter an Order of Court in the form attached as Exhibit "E", 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 Petitioners submit all forms, taxes and fees in order to receive the appropriate Certificate of Title for said motor vehicle. Respectfully Submitted, 4,1?Lt Anthony L. DeL ca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 717-258-6844 Attorney for Petitioners ID #: 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: S%'/a 1� Scott A. Shively EXHIB1 "A" , PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated 10/18/2007 ANNUAL - PERCENTAGE RATE The cost of your credit as a yearly rate. 6.94 % ,FINANCE CHARGE ' - The dollar amount the credit will cost you. $ 5565.60 'Amount Financed The amount of credit provided to you or on your behalf. $ 24i96.00 Total of Payments:. The amount you will have paid after you have made all scheduled payments. $ 30261.60. Total Sale Price The total cost of.your purchase on • credit, inlridjrg yojdownpayment of $ . • $ 36977.75 Your Payment Schedule will be: No. of Payments. Amount of Payments When Payments Are Due 'puafanteed auto protection (GAP) ::J . $ N/A By signing, you select guaranteed auto protection Signature of Buyer /2 $ 4e6. S(d Monthly, beginning 11 / 1 //.P3 / $ NIR r Filing Fees: $ • Late.Charge: If a payment•is late, you will be charged 2% ofthe portion of the payment which is late for each month, orpart of a month greater than.10•days, that it. remains.unpaid. Seebelow andany other Contract.documents.for any additional information aboutnonpayment, default; any required repayment in full before.the scheduled date and prepayment:, refunds and penalties. - e means estimate Security: You are giving a security. interest -In the motor vehicle being purchased. Prepayment: If you pay off early, you•will not have to pay a -penalty. • IF YOU DO NOT MEET YOUR CONTRACT In this Contract "OBLIGATIONS, YOU MAY LOSE THE MOTOR we are CARLISLE CHRY/JEEP LLC 1119 HARRISBURG PIKE 'CARLISLE PA 17013 VEHICLE AND PROPERTY THAT YOU the SELLER. BOUGHT WITH THIS CONTRACT, AND/OR Name Address Zip Code MONEY ON DEPOSIT WITH THEASSIGNEE. Count CUMBERLANDThis Contract is between Seller and Buyer. All • ` `'SCOTT A SHIVELY 114 WOODV IEW DR MT HOLLY ft1Ntjb !PN 1 /' b disclosures have been made by Seller. Seller You are { TACEY M pHIUELY 114 WOODVIEW DR MT HOLLY SPRINGS PA 17065 intends to assign thisContracttotheAssignee. the BUYER(S). t t1 • Name(s) • t9` _If there is more than one Buyer, -each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract. Address(es) CUMBERLAND Zip Code(s) County CUMBERLAND TRADE-IN: You have traded in the following vehicle: ;•• r— 1997 ISUZU RODEO Year and Make Description Itemization of Amount.Financed Cash Price (including optional service contract and/or r igie the -_ amount i1f t IVERSAL UNDERW paid to , .��,� &sales tax of$ VT. V Cash -Price $ 31304.00. • ): If a balance is -still owing.on the.vehicle you have traded in, the Seller will. pay off.this-amount on •your. behalf. Youwarrant and represent to us that - any trade-in is freefrom lien, claim; encumbrance or•security interest, except as shown in the "itemization of Amount Financed as the "Lien Payoff.' _PROPERTY INSURANOE- You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising toinsure the Vehicle and keep it insured. DEBT CANCELLATION (GUARANTEED AUTO. PROTECTION) AGREEMENT IS VO.LUNTARY AND NOT REQUIRED AS A CONDITION OF. THE CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and • agreement page, which is part of this Contract...This agreement will apply during the entire term of .the Contract. This agreement may not cover your entire indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement. — Type of Debt Cancellation Agreement Charge Signature - 'puafanteed auto protection (GAP) ::J . $ N/A By signing, you select guaranteed auto protection Signature of Buyer . fSERV.ICE-CONTRACT OR WARRANTYAGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT..The service contract • • or warranty -agreement will not be provided. unless you sign -the separate agreementwith the third- party -provider, who is not the Seller named above, and agree.to-pay the.additional chargeThis section,does: not•apply.to any,.warranty that you may receive for r which there is not separate, - charge. CREDIT' INSURANCE IS NOT REQUIRED:-Credit•'Eife.lnsurance and Credit-Accident•&Health (Disability),ansurance are notrequired'to.obtain 'Credit -arid will .not be provided unless you sign below .and' agree to'pay-the additional cost(s). Please.read tit NOTICE .OF PROPOSED CREDIT INSURANCE- on -the reverse side. Your insurance -certificate orpolicy will tell -you the .MAXIMUM •ameunt. of -insurance available. All insurance •• purchasedwil=be for the term of the credit.: We mayreceive a financial benefit,from your.purchase of credit insurance... . _ :: ';8y'sighing, you select Single CrediYLife-Insurance, What is lour. ' "By.signing, you select Single Credit Accident & - . , What is your:.:. - which costs $. N/A,age? . Years • He•alth insurance: which costs $ - N/�! •,. age? Years Signature -Of BuyeChi be insured for Single Credit Life Insurance. 4. Signature•of.Biiyer tote insured for.Single•CrediLAccjdent &Health Insur'arice:.., • By signing, you -both select Joints`-.. •Credit Life^Insurance,}which costs $ r NSA -0• ' - Wha`Care •• your ages?- • By signing you both select Joint Credit •. Accident .& Health Insurance, which.posts•$ - ' hat are. `Percentage our ages? to be • - insured • 1,._ 1._% • r ,.. - , - ::}. - - ,f4 :.,.. = To Credit Insurance Company . - Signatures.of both Buyers to, be insured for Joint Credit ::, ` ' T Signatures of both Buyers to be insured for Joint ..._,...—....,..--,,.........._,....____74;,_ I L f :1,nl�,trance , • , . Credit Accident & Ijgalth Insurance fl,• .Exhibit." ,I To Cash', Downpayment $'5516.15, Trade -In - Value of Trade -In $ - 1200.00 -N/A - Lien Payoff to: • •$ ...N/A ; .: Unpaid Cash Price Balance • $ 24587.85 Optional Debt Cancellation (GAP) -.. $ N/A Document Preparation Fee $ . 55.,00 Paid -to Others on Your Behalf To Public Officials for: ' ` = L•icense,,Tags and Registration $ 48:.-15. Lien Fee Taxes Not Included.in Cash Price $ .N/.A To WA $ ,NIA. For Mle urger Service'- To F1I ,..N/A For N/ For NYA •17:+Yat: j .. - LI /A 7STibaturesof both -Buyers fo'_be.insured for Joint Credit'=:::;; --t""'.4. .'L Signatures:of both Buyers to be insured for Joint 1-:!.•";-• •Life Insurance; : ',,, i . ; s* ;; Credit Accident & Health Insurance .. ' • . 4.. Insurer: N/A • . _ ' ..VEHICLE: You have.agreed lo.purchase, under the terms of this Contract;.the-following motor vehicle and its extra equipment, which is called the "Vehicle" in this Contract:, - • .• -•: : • Truck 2 Capacity _Serial Number • • • t NYU: rYear.and Make- --~•.::-?Series 4=.%•.- Bodv Stvle .•.,,: 'No. a i 2007 CHRYSLER 4 DOOR N Vf N - .PgD __ • . ,, - ASPEN-. - • 8 . . • iA8H4158P87F505185 Egt�ippectt - A.T. P.S., _ AM -FM Stereo'," 5 Spd.-, Other %:witti:-• :.:_A.C: _ Pig, ,I.:____ -.•—'Vinyl Top - ----- ASSIGNfEE:.W.e.may assign this Contract and Security Agreement to a-sales-finance.company-which is the "Assignee.". If the.Assignee.assigns the.Contract to •a subsequent assignee, the:terrn also refers to.such subsequent -assignee. After the assignment, all rights'and benefits of the Sellerin this Contract'and. in the Security'Agreement shall. belong to and.be?enforceable by the Assignee. The Assignee will notify you when' and if Seller�ritakes an assignment. MEMBERS 1 STjtFEDERAL-CREDIT:UNION ' :P.O.•.. BOX 40, MECHANICSBURG,t PA 17055 :. For: To 13tp. . :For . N/A, •. . To -NMI.. •`11/A'' • For N/A • 'tom, . To N/A Jr' r• _ • $ • %N/PC For I4/A--- .To • N/A•.. $" `N/A For N/P• 'CO-SIGNER:IAny person signing the Co -Signer's Agreement below promisesseparately arid together with all Co-Signer(s) and Buyer(s);.to -pay all sums due and to perform all agreements:in this Contract. Co -Signer will not be an Owner of the Vehicle.. >r - , .it , ;r s CO-OWNER: Any person signing -the Co -Owner's Security Agreement below•gives us a•security interestin the Vehicle and agrees separately and , . together with all Co-Owner(s) and Buyer(s),.to perform -all agreements in'the Security Agreement and all other parts of this. Contract except the "Promise to Pay" section. • TERMS: The terms -shown in the boxes'above are part of this Contract." For: N/A4-z Amount Financed ; 'I' 24616;40 We may retain a portionbf arpounts marked* PROMISE TO PAY: You:agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the,Trade-In, if shown above,,on or before.the:date.of this Contract paying us the Amount financed'plus interest You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as the first payment due:date:.You. agree to payall other amounts which may become -due Under the terms of this Contract. You agree to4pay the Seller.or Assignee costs of -suit. You alsoagree*pay reasonable attorneys' -fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protector get possession -of the Vehicle. You agree to make payments at the place -or to send payments to the address which the Assignee most recently specifies in the written notice to you. . _ _.. _ :- _ 1. The eAnnual Percentage Rate•may be negotiable with -the Seller' •ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: - Tlie ,,feller may assign this contract .and -,retain its right to Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to �.. Buyer. todesve a part of the Finance Charge. • • Terms and. Conditions: Before signing this Contract, be sure you receive and read the following, if marked.X, which are additional pages to and part of this Contract. ® This Contract continues on the reverse side. 0 Debt Cancellation (guaranteed auto protection) separate disclosure and agreement — By signing below, we agree to sell.tha Vehicle to"yoi un4er the terms of.tliis Contract. SELLER (-OM TSL F CHRY/3FFP LE f; BY: 10/IA/Paot7 Date NOTICE TO BUYER=DO NOT SIGN THIS CONTRACT -IN -IBL NNK. YOU ARE • ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN..KEEP IT TO PROTECT YOUR LE L RIGHTS. BUYER { k pti.,,._ BUYER (SEAL) 10/18/2007 Date (SEAL) t O / 1.8 /P007 Date CO-SIGNER: YOU'SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON -A. SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. •- r - CO-SIGNER'S AGREEMENT: You,. the person (or persons) signing below as "Co-Signer,".promise to pay to us all sums due on this Contract and to perform all -agregrpents in this Contract. You intend to be legally bound by all.the terms of this Contract, separately and together, with the Buyer. You are making this promise to indljde us to make this. Contract with the- Buyer, -even though we will use the proceeds only for the. Buyer's benefit. You agree to pay even though we may not have • mado` t3y prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving.a completed copy of this Contract. , - syta., :v �'{ !L.'.) -Signer's Signature (SEAL) (SEAL) Co -Signer's Signature Address - -Date Address . - Date CO -OWNER'S SECURITY AGREEMENT: You, the person signing below as -"Co -Owner," together with the Buyer or otherwise being all- of the:Owners• of the -Vehicle, • give- us a security interest in.the Vehicle.identified above. You agree to be bound by the terms of the Security Agreement and all other parts. of this• Contract except .the . • "Promise To Pay": section. You'are giving us the security interest to induce us to make this Contractwith the Buyer, and to secure the.payment by the Buyer of all sums due .' - on this Contract. Yew will not he responsible foranydeficiency.whichmight be due after repossession and sale of the Vehicle. , ,'. • • . :; ' (SEAL) Co -Owner's Signature Address Date BUYErGO SIDNER.AND.CO-OWNER,-IF...APPLI.CABLE, ACKNOWLEAGER=RECEIPPOF"'A'COMPLETED.:COPY-OF-THIS .CONTRACT AT'THE;:TIM'EOF'SIGNING,ANCLUDIN:G THE ADDI-TIO.NAL DISCL:OSURES.AND::PAGES .LISTED IN:THE SECTION.. (CALLED.'ADDITIItONAL..DISCLOSURES;ITERM:AND CONDITIONS - , ,. .. . -..' - ' ..: ,.. - \, : Yt ��1 • f -,,,/1-ff, ., ft -7, • ; /1, •/t,L " �'BUYlgrt "'- '• .. • ' BUYER / ' •• ' . f • • :.CO-SIGNER , • � >. _ • • CO-SIGNER OR CO-OWNER "• •-•t'„`T"• • -:-,---. " - - NOTICE:'SEE REVERSE SIDE FOR+IMPORTANTINFORMATION._ ..,,-:,-,:---/-..,:. -' .'+ .: ' BANCOFISUMER FORM PA 123DC•510 (2/04y-, •• ORIGINACR'White • DEALER COPY • Canary • BORROWER'S/C0-SIGNER'S COPY • Pink •.COPY - Goldenrod : '• `!•'",, ' 02004 BANCONSUMER SERVICE; INC:.. . • ut,,.0°* F•� ;ii,- . • H;XHIB T"B' Dear Owner of Carlisle Chrysler Jeep LLC, July 24, 2013 Scott and Stacey Shively 114 Woodview Drive Mount Holly Springs, PA 17065 (717) 486-3030 My husband (Scott Shively) and I (Stacey Shively) purchased a 2007 Black, Chrysler Aspen back in October 2007. The VIN number of the car is 1A8HW58P87F505185. Shortly after you closed the doors of your business, we were notified by, Cornerstone Federal Credit Union that they did not receive the title for the car. Cornerstone contacted Members 1st, who originally gave us the loan for the car. They also informed us that they did not receive the title either. Through our research, we discovered that the car was never titled to us. We have been dealing with this for many years trying to receive the title. This is now our last resort. We are informing you that if this issue for the title cannot be finally resolved, we will be seeking court action. Sincerely, Stacey Shively EXHIBIT "B" ''. "..kcl.,i: Sivts: "WeA .. . ., . - l'---* 01 .404x....1.:,04,:4;,,,,,er ., .. . 04k., -T. 146tt 'apio-ji- 7he'. /7 (05-- 3 " ., RETURN RECEIPT REQUESTED 1 1 1 1 1 1 11 1 11 7011 1150 0001 8911 9643 UNITED STATES POSTAL SERVICE 1000 CorVi (jr Set? J-4 t Cirkr\*:5\e_ al-xvz 176, "TEo�9.-wavityva-r1.5- RETURN TO SEOER NOT DfLIVERA§LE UNABLE TO FakitAKD BC: 17065200314 F.0219-064-92-24-38 !I !Ill ! I I! ! I ! ! I! ! !! !I!! 1 1 11 11 U.S. POSTAGE PAID MOUNT HOLLY SPR.Pf 17065 • JUL 21.'13 AMOUNT $6.111111 1 17013 0009J510-08 i 701 '::i*T?*5e15023 e 3 • r I* SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. p ■ Print your name and address on the reverse a so that we can return the card to you. IN Attach this card to the back of the mailpiece, I, or on the front if space permits. 1. Article Addressed to: C4e1iSk Chr1 4- Zee() 1.LC CAft;t Z e%TV )%©b 3 COMPLETE THIS SECTION ON DELIVERY, A Signature X B. Received by (Printed N D Agent D Addresse C. Date of D. Is delivery address different tmm item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type PI Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes D2. Article Number .. "` b (Transferfrorn servlci 7 011 115 0 0001 8911 9643 ;I' PS Form•38;11, February 2004 •. ' •' � Domestic Return Receipt 102595-02-M-1540 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 2/19/14 14:04 SCOTT A SHIVELY 22 DERBYSHIRE DRIVE CARLISLE PA 17015-0000 Dear Customer: Enclosed is the Vehicle Information you requested. 140500703000105 001 If you have,any questions concerning this information, please .contact Vehicle Record Services at the address or telephone number listed below. ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 Sincerely, Customer Service Team Bureau of Motor Vehicles EXHIBIT "C" INFORMATION: IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE (8:00 AM TO 5:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 www.dot.state.pa.us • -7 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 2/19/14 14:04 PAGE 1 OWNER : AARON J SKURZYNSKI , 139 PLEASANT GROVE RD MECHANICSBURG PA 17050 TITLE NUMBER TAG NUMBER VIN : 65334320 : 1A8HW58P87F505185 MAKE : CHRYSLER MODEL : ASP .RENEWAL PREVIOUSTAG LIENS : YES STOPS : NO TITLE BRAND INFORMATION 140500703000105 002 LESSEE : NONE TITLE DATE : 11/09/07 REGISTRATION EXPIRY DATE: BODY TYPE : SW ODOMETER READING : 5,906* *ACTUAL MILEAGE --DUPLICATE-TITLE-COUNT VEHICLE YEAR : 2007 STOLEN DATE NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER Ng. 1 NAME : CARLISLE CHRYSLER JEEP ADDRESS: 1119 HARRISBURG PIKE CARLISLE PA 17013 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 EXPIRATION DATE: 11/09/13 ABA NO : ELT IND: INFORMATION: IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE (8:00 AM TO 5:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 WWW.DOT.STATE.PA.US EXHIBIT "D" FACT SHEET 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. PennDOT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES 1. 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 TO PENNDOT ALONG WITH THE APPROPRIATE FEES. EXHIBIT "D" July 2010 - over - •pennsytvania DEPARTMENT OF TRANSPORTATION www.dmv.state.pa.us S. 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 Bar Association 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. 4. When the above procedure is followed and the court of competent jurisdiction enters an order declaring an individual the rightful owner of the vehicle, PennDOT 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. Appropriate sales tax, title and registration fees. (3) 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 PennDOT-approved publication. Approved PennDOT 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 ORDER AND NOW, this day of , 20 , after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one [year], [make], [model], bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitioner 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 for said vehicle. BY THE COURT: Judge EXHIBIT "E" IN RE: 2007 Chrysler : IN THE COURT OF COMMON PLEAS OF VIN: 1A8HW58P87F505185: CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. SHIVELY AND STACEY M.: NO. SHIVELY, : CIVIL ACTION - LAW Petitioners : INVOLUNTARY TRANSFER OF MOTOR : VEHICLE TITLE ORDER GRANTING TITLE TO A MOTOR VEHICLE AND NOW, this day of . 2014, the Court hereby awards ownership of one 2007 Chrysler Aspen bearing Vehicle Identification Number 1A8HWS8P87F505185 to Scott A. Shively and Stacey M. Shively, 22 Derbyshire Drive, Carlisle, Pennsylvania 17013, 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 liiew of a Certificate of Title. Petitioners 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: EXHIBIT "E" 1• a� IN RE: 2007 Chrysler IN THE COURT OF COMMON PLEAS OF VIN: 1A8HW58P87F505185: CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. SHIVELY AND STACEY M.: NO. IV, 313 I SHIVELY, CIVIL ACTION - LAW Petitioners : INVOLUNTARY TRANSFER OF MOTOR VEHICLE TITLE ORDER OF COURT z "v AND NOW,this� ay o Mme;2014, 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 A? ' . _day of 2014 in 01 Courtroom NO.', at ' �' O'clock 0 .m. BY THE COURT: ��6,g/ 01 Sl C R Sdc_o44 IN RE: 2007 Chrysler : IN THE COURT OF COMMON PLEAS OF VIN: 1A8HW58P87F505185: CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. SHIVELY AND STACEY M.: NO. %y " 3 / 3 5—e Ai k / ,-4,f---, SHIVELY, : CIVIL ACTION - LAW =`— 3 .c- --t c.. C r Petitioners : INVOLUNTARY TRANSFER OF MOTOE sem- s..W : VEHICLE TITLE -<>czt C)c o -t4c: c) ORDER GRANTING TITLE TO A MOTOR VEHICLE'` -< - �: AND NOW, this 6.day of 3.'4 . /c7 , 2014, the Court hereby awards ownership of one 2007 Chrysler Aspen bearing Vehicle Identification Number 1A8HW58P87F505185 to Scott A. Shively and Stacey M. Shively, 22 Derbyshire Drive, Carlisle, Pennsylvania 17013, 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. Petitioners 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: ,„ re.e(C C ristyle 1 Peck, J. t'" ..fSThIQ6A- (,1lritAl-D,A N cl