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HomeMy WebLinkAbout14-3193COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. Plantiff: John B Kunkel 75 Wise Lane Boiling Springs, PA 17007 CIVIL ACTION -LAW MOTION FOR TRANSFER OF TITLE No. /11-3//3 '373 Civil Term AND NOW I, John B Kunkel respectfully aver as follows: 1. I, John B Kunkel am requesting ownership of a motor vehicle. My address is 75 Wise Lane, Boiling Spring, PA 17007. 2. The Vehicle is identified as follows: 1951 Kaiser Henry J, Vehicle identification number K-514- 021049. 3. On or about March 2014, I obtained possession of the vehicle described in paragraph 2 above. 4. I am unable to obtain a Certificate of Title from the Commonwealth of Pennsylvania, Department ter_ —(3> Of Transportation for the following reasons: the vehicle was purchased from Mathew Troyer of Colorado >C] And existed there from approximately 1983 to present time without a title. I purchased this vehicle with c 2 - Notarized Notarized `Bill of Sale' believing this information was sufficient to obtain a Pennsylvania Title. When I Went to Penn Dot, I found this to be insufficient. 5. The individuals or entities and addresses who have or assert an interest in the above property are as Follows: WHEREFORE, it is respectfully requested that the Court grant the above motion and aware ownership Of the above -referenced vehicle to me. 4103.7s�d Cash g#, 306 y1( Respectfu submitted, BI riFx? aaorL( c.. MV -41 (4-14) pennsylvania DEPARTMENT OF TRANSPORTATION www.dmv.state.pa.us APPLICATION FOR CORRECTION OF VEHICLE RECORD OR VERIFICATION OF VEHICLE IDENTIFICATION NUMBER For Department Use Only Bureau of Motor Vehicles • Harrisburg, PA 17106-8283 SEE INFORMATION ON REVERSE Title Number Registration Plate Number Is lienholder an ELT Participant? Financial Institution Number Co -Owner La t Name First Name Middle Name PA DL/Photo ID # Date of Birth l<uN (EZ ShAc.o� Louts I/ /53 q45 t_9- 7 Current Street Address City State Zip Code '75 WISE LAN iSotLis spRINOJS PRI. I70O-7-' ❑ YES ❑ NO County Code CHECK ./APPLICABLE BLOCK BELOW 1. (Correction or Verification of Vehicle Identification Number - Complete Sections A, B and F. 2. ❑ Application for State Replacement Vehicle Identification Number Plate/Decal - Complete Sections A, C (MUST be completed by a Police Officer) and F. 3. ❑ Correction of body type, number of axles, or other corrections to the vehicle title or registration data - Complete sections A, D and F (If the vehicle has been modified, such as the addition or removal of axles, or you are requesting a change to the manufacturer weight specifications, an MV -426B must be completed.). 4. ❑ Verification of Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) by Inspection Mechanic only - Complete sections A, E and F. A VEHICLE OWNER INFORMATION Last Name (or Full Business Name) First Name Middle Name PA DL/Photo ID # or Date of Birth Kv,ts KEL 301,,t) 3tOt5uoil8 673 j--vty a .15'5! Co -Owner La t Name First Name Middle Name PA DL/Photo ID # Date of Birth l<uN (EZ ShAc.o� Louts I/ /53 q45 t_9- 7 Current Street Address City State Zip Code '75 WISE LAN iSotLis spRINOJS PRI. I70O-7-' Please use the "County Codes" listing found on the back of this application and list the numerical code for the county of your County Code C+ � ,�(a residence. Vb / w ,.id coy B CORRECTION OR VERIFICATION OF VEHICLE C I APPLICATION FOR STATE REPLACEMENT VI PLATE IDENTIFICATION NUMBER Original Vehicle Identification Number (if known) To be used only to correct typographical error of one digit, transposition of two digits, or if engine number has been erroneously recorded as the VIN OR for the purpose of VIN verification. ATTACH TRACING HERE OR HAVE AUTHORIZED NOTARY PUBLIC EMPLOYED BY A FULL AGENT OR MOTOR VEHICLE DEALER, OR INSPECTION MECHANIC COMPLETE THE VERIFICATION INFORMATION BELOW.VERIFICATIO�Nf Reason for Replacement of VIN Plate ❑ Lost ❑ Stolen ❑ Defaced ❑ Never Received El Other (Please Explain) BY PO'ICE fr FICER (Local or State Police) Record Correct VIN S j 4- 1 T a I 04 "j" 9 Sig of p Ge cgt� w f H Badge Nines.' 7 Signature of Notary ublic or Inspection Mechanic DIN/Mechanic # D ent Naame T, -re- 100 a CG Telephone No.J m-q(g— ald4 D VEHICLE DATA THAT REQUIRES CORRECTION - Check only the block(s) and list the information that needs correcting due to an error in the title application or to a change in the use of the vehicle. ❑ Make of Vehicle Correct to: ❑ Body Type Correct to: ❑ Year Correct to: ❑ Seating Capacity Correct to: ❑ Unladen Weight Correct to: ❑Odometer - see Instructions on Reverse ode Correct to: ❑ Registered Gross Vehicle Weight Correct to: ❑ Registered Gross Combination Weight Correct to: ❑ Other Correct to: E VERIFICATION OF WEIGHT RATING (Inspection Mechanic Only) GVWR GCWR Signature of Inspection Mechanic Inspection Mechanic Number No. of Axles ❑ Correct to: Was additional axle installed? ❑ Yes ❑ No . NOTE: If additional axle was added, MV -426B must be completed. F CERTIFICATION - l(We) hereby certify under penalty of law that all information given on this application is true and correct (Date must be listed). Sign u e of ner or Authorized Pe n prh<�1 Date (r fl -ti a3 dory Signet of o -Owner or Title of Au rized P mon WAet)-^1/ Applicant's Telephone No. (7t7) a58-30IC BILL OF SALE PROPERTY SOLD BY THIS BILL OF SALE IS SOLD "AS IS, WHERE IS" WITHOUT WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND: Year/Make/Model: 1 g 5 j KA,' H e Ji Vehicle Identification Number (VIN),CS%y 'a ( c L(ci Purchase Price: $ 5 O (• U ( Date of Sale: 3 I / / L% The Seller hereby sells conveys and Seller's Name: _ Seller's Address: City: LED -221'C -State: C(10 Seller's Signature: /md`� transfers the property describedabove:,--iTeoyee Zip Code: ' O-� 3 O Date: /2-/ The Buyer hereby acknowledges receipt of the property described above: Buyer's Name: DC2 1 1<c) eL-- Buyer's Address: IR P/ City: Li I �C ,f /„195 State: I< A - Zip: ) 7 00 7 Buyer's Signature: Date: Federal law requires that you state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I state that the odometer now reads 55 ? 9 9 0 (no tenths) miles and to the best of my knowledge that reflects the ACTUAL miles of the vehicle described above, UNLESS one of the following statements is: (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in EXEMPT OF ITS MECHANICAL LIMITS. (2) I hereby certify that the odometer reading is NOT THE ACTUAL MILEAGE. NOTE: WAR :r G - • • *METER DISCREPANCY 4 ' 24;7"• /4" Signature of Seller Date Signature of Buyer Date M 1P-'t7',elk) 2TRv'%r� Seller's Name: Buyer's Name: (Printed) (Printed) State of: 60/0000P0 County of: 67/7,'J'o Signed and sworn before me on: _57-0,0 /7 My appointment expires:W--oZ02- /% (Date) (Date) Notary S. Seal/Stamp IN RE: 1951 KAISER HENRY J VIN: K-514-021049 AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 14-3193 CIVIL TERM ORDER OF COURT c'' day of June, 2014, upon consideration of the Motion For Transfer of Title, filed by Petitioner, John B. Kunkel, that Motion is DENIED without prejudice to Petitioner's right to refile, for failure to follow the procedures set forth by PennDOT for Involuntary Transfer of Ownership of a Vehicle by Court Order. Specifically, Petitioner must advertise a legal notice at least once in the county legal journal and at least once per week for three consecutive weeks in the newspaper 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. 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. After satisfying the aforementioned notice requirements and providing proof thereof, Petitioner may refile his Motion For Transfer of Title. By the Court, Albert H. Masland, J. John B. Kunkel 75 Wise Lane Boiling Springs, PA 17007 sal C_ Crl IN RE: 1951 KAISER HENRY J VIN: K-514-021049 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 14-3193 CIVIL TERMrri r cr) .4. Q ate, '--f AMENDED MOTION FOR TRANSFER OF TITLE 1. On May 5, 2014, Petitioner, John B. Kunkel, of 75 Wise Lane, Boiling Springi; • r- ply — CX? Pennsylvania, 17007, filed a Motion For Transfer of Title with the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania, seeking an order from the Court awarding him ownership of a 1951 Henry J Kaiser, bearing vehicle identification number K-514-021049, Petitioner and instructing the Pennsylvania Department of Transportation (PennDOT) to issue a title to Petitioner upon submission of the appropriate forms, taxes and fees. The averments contained in the original Motion For Transfer of Title are incorporated by reference into this Amended Motion For Transfer of Title as if contained herein. 2. By Order of Court dated June 5, 2014, the Honorable Albert H. Masland, J. denied Petitioner's Motion without prejudice to Petitioner's right to refile for failure to follow the procedures set forth by PennDOT for Involuntary Transfer of Ownership of a Vehicle by Court Order. Specifically, the Court advised that Petitioner must "advertise a legal notice at least once in the county legal journal and at least once per week for three consecutive weeks in the newspaper 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". _ a 3. Further, the Order of Court instructed that 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. The Order of Court stated that "After satisfying the aforementioned notice requirements and providing proof thereof, Petitioner may refile his Motion For Transfer of Title." 5. Since the Henry J Kaiser was last located in Frederick, Colorado, Petitioner arranged for a "Vehicle Title Notice" to be placed in The Greeley Tribune, a daily newspaper of general circulation in Weld County, Colorado, and serving the Frederick, Colorado area, once per week for three consecutive weeks, the first publication being July 12, 2014, the second on July 19, 2014 and the third publication being on July 26, 2014. A copy of the Affidavit of Publication and the actual legal notice is attached to this Amended Motion as Exhibit A. 6. Since the Henry J Kaiser was last located in Frederick, Colorado, Petitioner arranged for a "Vehicle Title Notice" to be placed in the Weld County Bar Association's Bar Call for August 2014. A copy of the August 2014 Bar Call with email confirmation from Bibi Thomas with the Weld County Bar Association is attached to the Amended Motion as Exhibit B. 7. Since the Henry J Kaiser is now located in Boiling Springs, Pennsylvania, Petitioner arranged for a "Vehicle Title Notice" to be placed in The Sentinel, a daily newspaper of general circulation, once per week for three consecutive weeks, the first publication being July 18, 2014, the second on July 25, 2014 and the third publication being on August 1, 2014. A copy of the Proof of Publication is attached to this Amended Motion as Exhibit C. 8. Since the Henry J Kaiser is now located in Boiling Springs, Pennsylvania, Petitioner arranged for a "Vehicle Title Notice" to be placed in The Cumberland Law Journal, on July 25, 2014. A copy of the Proof of Publication of Notice in The Cumberland Law Journal and the actual legal notice is attached to this Amended Motion as Exhibit D. 9. The Vehicle Title Notice published in The Greeley Tribune, The Sentinel, the Weld County Bar Association Bar Call and The Cumberland Law Journal provided information to any persons who may claim an ownership interest including: (1) A specific description of the vehicle (1951 Henry J Kaiser, bearing vehicle identification number K-514-021049); (2) The court of competent jurisdiction where the petition was filed (Court of Common Pleas of Cumberland County, Carlisle, PA at 14-3193, Civil Tenn; and (3) The time, date, and place of any court proceeding (persons were directed to file any claim of ownership interest with the court or submit to Petitioner). 10. Over thirty (30) days have passed since the date of last publication of the legal notice and Petitioner has received no claims of ownership interest in the 1951 Henry J Kaiser, bearing vehicle identification number K-514-021049. Now Therefore, Petitioner requests the Court to award ownership of the 1951 Henry J Kaiser, bearing vehicle identification number K-514-021049, to John B. Kunkel, and to direct the Commonwealth of Pennsylvania, Depai tnient of Transportation, to 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. Respectfully submitted, John B. Kunkel VERIFICATION I, John B. Kunkel, of 75 Wise Lane, Boiling Springs, PA, 17007, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). John B. Kunkel -Signature Date Vehicle Title Notice A petition has been filed in the Court of Common Pleas of Cum- berland County, Carlisle, Pennsylvania. in the matter of: In Re: 1951 Kaiser Henry J VIN: K-514-021049 14-3193 Civil Term Seeking a declaration of ownership of the 1951 Henry J Kaiser automobile, VIN K-514-021049, previously located in Weld County, Colorado, but now located in Cumberland County, Pennsylvania, so as to permit the Pennsylvania Department of Transportation to issue a new certificate of title to memorialize the current owner, John B. Kunkel. The vehicle was purchased from Matthew R. Troyer of Frederick, Colorado. Any person who may claim an ownership interest in the vehicle should submit their claim to the court or to: John B. Kunkel 75 Wise Lane Boiling Springs, PA 17007 Gary F. Ankabrandt, Attorney The Tribune July 12, 19, 26, 2014 5d+ A Affidavit of Publication STATE OF COLORADO County of Weld, I Desirea Larson ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twelfth day of July A.D. 2014 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-sixth day of July A.D. 2014 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 12, 19, 26, 2014 Total Charges: $106.08 26th day of Jul My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018484 MY COMMISSION EXPIRES JUNE 14, 2017 Page 1 of 2 Gar From: "Bibi Thomas" <bibiwcba@gmail.com> Date: Wednesday, August 13, 2014 11:01 AM To: "Gary" <gfankabrandt(a)embargmail.com> Subject: Re: Public notice - Vehicle Title Good morning Gary, The Bar Call went out last Friday. I added you to the distribution list for it so you should have received a copy which included your announcement. Please let us know if you did not receive it. Thanks, Bibi On Fri, Jul 25, 2014 at 7:11 PM, Gary <gfankabrandt@embargmail.com> wrote: Thank you Bibi. From: Bibi Thomas Sent: Thursday, July 24, 2014 10:11 AM To: Gary Subject: Re: Public notice - Vehicle Title Good morning Gary, I received notice from our accounting department this morning that she received your check. As discussed, your Notice will publish in the August Bar Call and I will add you to the mailing list for August so you receive a receipt. The Bar Call is scheduled to publish on August 8 but sometimes we run a few days behind. Please let me know if you do not see a copy of the Bar Call in your inbox by latest August 15 and I will resend you a copy. Thank you, Bibi On Tue, Jul 15, 2014 at 2:18 PM, Gary <gfankabrandt@embarqmail.com> wrote: Hi Bibi, It was a pleasure speaking with you on the phone yesterday afternoon. Attached is the public notice that I would like published to all members of the Weld County Bar Association. A check in the amount of $25.00, made payable to "Weld County Bar Association", in payment for the publication of the notice, will be deposited in the mail tomorrow. Please send me verification of the "bar call" after the notice is published. My contact information is: Gary Ankabrandt 2217 Douglas Drive E.%killt+ B 9/11/2014 LD COUNTY BAR ASSOCIATrON BAR CALL August 2014 Upcoming Events In This Issue Upcoming Events Weld County Legal Services News Announcement Stay Up to Date with the Current Law and Opinions Quick Link • Upcoming Events • Recognition • Community News • Presidents Message • Board of Directors • Financials • WCBA Official Website Announcement Vehicle Title Notice A petition has been filed in the Court of Common Pleas of Cumberland County, Carlisle. Pennsylvania, in the matter of: In Re: 1951 Kaiser Henry J VIN: K-514-021049 14-3193 Civil Term Seeking a declaration of ownership of the 1951 Henry J Kaiser automobile, VIN K-514- 021049, previously located in Weld County. Colorado, but now located in Cumberland County, Pennsylvania, so as to permit the Pennsylvania Department of Transportation to issue a new certificate of title to memorialize the current owner, John B. Kunkel. The vehicle was purchased from Matthew R. Troyer of Frederick, Colorado. Any person who may claim an ownership interest in the vehicle should submit their claim to the court or to: John B. Kunkel 75 Wise Lane Boiling Springs, PA 17007 Gary F. Ankabrandt, Attorney PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of July 18, 2014 and July 25, 2014 and August 1, 2014. COPY OF NOTICE OF PUBLICATION VEHICLE TITLE NOTICE A petition has been filed in the Court of Common Pleas of Cumberland County, Carlisle, PA, in the matter of: In Re. 1951 Kaiser Henry J VIN: K-514-021049 14-3193 Civil Term Seeking a declaration of ownership of the 1951 Henry J Kaiser automobile, VIN K-514-021049, previously located in Weld County, Colorado, but now located in Cumberland County, PA, so as to permit the PA Department of Transportation to issue a new certificate of title to memorialize the current owner, John B. Kunkel. The vehicle was purchased from Matthew R Troyer of Frederick, Colorado. Any person who may claim an ownership interest in the vehicle should submit their claim to the court or to: John B. Kunkel 75 Wise Lane Boiling Springs, PA 17007 Gary F. Ankabrandt, Attorney EXIT;b;+ C Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this • Olt 11t Z.1Q1 -ra Not Public My commission expires: CO IMON`ti EAL H OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLViItA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 COMMONWEALTH Of PENNSYLVANIA NOTARIAL DEAL DEBORAH A COLLINS Notary Putrlic CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 CUMBERLAND LAW JOURNAL VEHICLE TITLE NOTICE A petition has been filed in the Court of Common Pleas of Cumber- land County, Carlisle, Pennsylvania, in the matter of: In Re: 1951 Kaiser Henry J VIN: K-514-021049 14-3193 Civil Term Seeking a declaration of ownership of the 1951 Henry J Kaiser automobile, VIN K-514-021049, previously lo- cated in Weld County, Colorado, but now located in Cumberland County, Pennsylvania, so as to permit the Pennsylvania Department of Trans- portation to issue a new certificate of title to memorialize the current owner, John B. Kunkel. The vehicle was purchased from Matthew R. Troyer of Frederick, Colorado. Any person who may claim an ownership interest in the vehicle should submit their claim to the court or to: John B. Kunkel, 75 Wise Lane, Boiling Springs, PA 17007. GARY F. ANKABRANDT, ESQUIRE July 25 4 IN RE: 1951 KAISER HENRY J VIN: K-514-021049 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 14-3193 CIVIL TERM ORDER OF COURT AND NOW, this f day of , 2014, upon consideration of the Amended Motion For Transfer of Title, filed by Petitioner, John B. Kunkel, and, after reasonable notice and an opportunity for hearing having been provided, the Motion is GRANTED and the Court hereby awards ownership of the 1951 Henry J Kaiser, bearing vehicle identification number K-514-021049, to John B. Kunkel, 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. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth ofPennsylvania. Depth tment of Transportation in order to receive the appropriate Certificate of Title for said vehicle. C.71\ tz-3 By the Court,