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HomeMy WebLinkAbout14-4653IN RE: 2005 Harley Davidson Motorcycle VIN: 1HD1JBB1X5Y044272 WALTER J. FICKES, • • IN THE COURT OF COMMON PLEAS • • OF CUMBERLAND COUNTY, • • PENNSYLVANIA • No. fir- 16S3 (Cst;I'e • -9 • ........---- _,--• , CIVIL ACTION - LAW /m cu :r. -11 m --- z Pi c rt ------ . INVOLUNTARY TRANSFER C)). ton cp D ...,(7) • Petitioner • . MOTOR VEHICLE TITLE • C3 -Ti >"--. m — > --:. z - PETITION FOR INVOLUNTARY TRANSFER -4 ....< OF MOTOR VEHICLE TITLE AND NOW, COMES Petitioner, Walter J. Fickes, by and through his attorney, Salzmann Hughes, P.C., who files this Petition for the Involuntary Transfer of Motor Vehicle Title in accordance with the procedures required by the Pennsylvania Department of Transportation ("PennDOT"), respectfully stating as follows: 1. Petitioner, Walter J. Fickes (hereinafter referred to as "Petitioner"), an adult individual residing at 327 Big Spring Road, Newville, Cumberland County, Pennsylvania 17241. 2. On April 17, 2007, Petitioner purchased a 2005 Harley Davidson motorcycle from John A. Powley, Jr. and Michelle C. Powley, whose address at this time was 3591 Colonial Road, Dover, York County, Pennsylvania 17315 (hereinafter referred to as "Sellers"). 3. Petitioner paid the Sellers $5,200.00 for the motorcycle and the transfer took place at the First Capital Federal Credit Union, 1601 Kenneth Road, York, York County, Pennsylvania 17406. 4. Petitioner received the original title to the motorcycle which was signed by the Sellers but was not notarized as required by PennDOT. A copy of the title is attached as Exhibit 5. Petitioner is in the process of restoring the motorcycle so it may be licensed, 41131s- '"Y e* --e2 73 9,3 509q inspected and insured for use. 6. On July 30, 2014, Petitioner conducted a search of the Pennsylvania Department of Transportation records to determine if there were any active records of vehicle ownership of the motorcycle by submitting form DL -135 to PennDOT, a copy of which is attached as Exhibit 7. In order to obtain a motor vehicle title for the motorcycle, Petitioner is required to commence this action, obtain a hearing date, and obtain an Order of Court following the hearing, in accordance with the rules and regulations 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". Court: WHEREFORE, Petitioner, Walter J. Fickes, respectfully requests that this Honorable (A) Schedule a hearing on this Petition for consideration of Petitioner's request; and (B) 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, By: SALZEIIjrarVHUGHES, .C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Petitioner VERIFICATION I, Walter J. Fickes, 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 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 authorities. Date: EXHIBIT • Gse, (,, ut E u. 0 0Z ut b ft.• 111 w. > • =t— (57 0 0 0 0 FIRST LIEN FAVOR OF:. -‘ r • `i: •1 §17",:e A P.SF" FIRST LIEN RELEAS •••1-2' , s ! DA .. eV kyo AUTHORIZED REPRE MAILING ADDRESSk'.; i*•••". err rst Capital Federal Credit t I certify asol ihe date 'cif issue, the official records Of the Pennsylvania Department (1) ;of Transportation reflect that the person(s) or company named herein Is the lawful owner n1 the saki vahlrla • - li, ,„" ODOMETER STATUS , -4 ' o:-ACTuAL MILEAGE ' %It ,I .4r.>•Co, ". i •;MILEAGE EXCEEDS THE MECHANICAL' 4,, i. 4. furors.; i 2 . NOT THE ACTUAL MILEAGE I ''••••./ 3. NOT THE ACTUAL MILEAGE•OotimETER TAMPERING VERIFIED .,...• 4.,„;„........- 4 . EXEMPT FROM ODOMETER DISCLOSURE -DILE BRANDS ..•••• . • A ANTIOUE VEHICLE I • C CLASSIC VEHICLE t 0 .1' COLLECTIBLE VEHICLE F . OUT OF COUNTRY G = ORIGINALLY MFGD. FOR NON -US. ' _ • DISTRIBUTION ¶L tEiiiiis- 1 L LOGGING VEHICLE • :-"," P ISANAS A POLICE VEHICLE '•R . RECONSTRUCTED . • S . STREET ROD . • RECOVERED.,THEFT VEHICLE V . VEHICLE CONTAINS_REISSUED VIN W FLOOD VEHICLE. L d X = ISIWAS A TAXI 1, ".••• , -,, 4 A Alt f.•.A 1 If a second lienholder Is listed open satisfaction or the •host Ilen, 'the Ms, 1 lienholder forward this lltie to the Bu'reiLi 01 Motor Vehicles with t the 1' fappropnate loom and fee. • 1 fist¶ ; 4 ;EGON° LIEN RELEASED 0. 1 BY AUTHORIZED REPRESENTATIVE ijOcompLETE0..,05.tv4:,WEN ETCLE - IShiiirti'Aib'LIENINFRMATIONREVERSE: SOU:CAfib-1 , ,DOCtIHIENT APE SUBSCRIBED AND SWORN TO BEFORF...ME: SIGNATURE OF PERSON ADMINISTERING OATH 10.••• rO,1 Oe. If a co -Purchaser other than your spouse is listed and1-rou want the title to be listed as :Joint Tenants With Right of SurviyorihIp'.:(On•death of one • owiertitle goes fo.surviving &mei') CHECKVJERE la,Otlienn(se, the title :twill Pe issued as' "Tenants in Comrnon' (Ori death of one owner, interest of debeaied owner porta to his/her heirs or eitaie).\,' 1ST LIEN DATE-' ' • L" —IP IF NO LIEN CHECK ‘I' 1ST LIENIVLDER The understood mrgy makes approolon for CallitOte 04 TUN lo vehIde dew above, subject to tim encumbrances and other logal deem? ',Moab hoe. .t•-•T'HIS IS AN ELT, CHECK HERE E=1 NOTE; FIN REOUIRED FINANCIAL , t " INSTITUTION NO. • 2ND LIEN DATE: NO LIEN, OHECl,. A• - IF THIS IS AN ELT, CHECK HERE El FINANCIAL SIGNATURE OF CO•AFPUCANTMTLE OF ALITNOITIZED SIGNER NOTE: FIN REOUIRED LJ I INSTITUTION NO. • "'. 2ND LIENHOLDER;,•••••' STREET . • "1 -•••••!..,•"1, -.-'.ii, -::,••3 • ,* %/ CITY' STATE ZIP "tur.v.t4fvot.,xent, ctirt•rv., . stonei ,N A'S'AfesPL CE„NINLOST,APPLYWOR? ,OVELICAT - ANY ALT RAVONLOWERASORENOIDS),THISiTITLE" i'','!ax.eartszomiramaanria - • (TY A. C. Ai.. WARNING - FEDERAL AND STATE LAWS (ODOMETER READING) IN CONNECTION FAILURE TO COMPLETE OR PROVIDING FINES AND/OR !MPRISONMENT. IMPORTANT Please be advised that in lieu of nota signature by an issuing agent who is licensed State Board of Vehicle Manufacturers, Dealers acceptable. The signatd printed name employee, date of verificption, the issuing cation number (DIN) andbuaio mmtarizmtimn^ Vehicle seller empowered to administer oaths or an authorized — --- - ----, ...----- --- - • --, ,i, Registered dealers must complete forms REQUIRE THAT YOU STATE THE MILEAGE WITH THE TRANSFER OF OWNERSHIP. A FALSE STATEMENT MAY RESULT IN NOTICE this form, verification of a person's as a vehicle dealer by the Pennsylvania and Salespersons, or its employee is of the issuing agent othe issuing agent's agent/Iicenseds dealer identifi- t blisted itspace provided for sign only in the presence of an officer agent as identified above. MY27A or MV2713 as required by law. If purchaser is NOT a registered deateri. * in excasS of es mechanical limits ; . WARNING:, Odometer discrepancy . InNe further eertify,tliat the vehicle Is tree ot ::4,inmurbi.ance find tliat ,tA4hershipM h'ereby • r .. . 4, , .• , i..= ,',,'-1:- . . ' —': . "' . , . . • --- A A ,, , ,. , . . ,.., ICES' • VWe certify, to the.best of my/our knowledge Mat the odometer reading ts . - t . , flefleCts I'M) isnount of Mileage ' FT! 'Is NOT the' actUaTmileiget ra. in escess of ite-meehanical limits 4 L_.,1 WARNMiG: Odometer discrepancy!' Me hirther certify that the vehicle is bee of anY an4umbrAne'and that The crembrahle IS hereby y‘' ..,. . ' LAST ' FIRST .I. -'T.• `.1-1177 - sitREErber, i f ' . ACORES'S . / 1 , - " _ % t. i . . VWe Certify, to the best of my/our knowledge that the odometer reading is"- - ,* . - bile Rether eertify that the vehicle Is free of any encumbrance -and tharthe owneishipls hereby ' . FIRST MI ADORESS i 0;: : 'i . ' .'",. — ' 4 .4 Y ' .‘ ,,,, ,' .i. ' • i ., • ,CNECK, k.IERE IF, APPLICATION,,F0FI.,CEALER TITLE AND. COMPLETE SECTION,q. TITLING FEES, S DL -135 (4-14) REQUEST FOR VEHICLE INFORMATION $8.00 Fee required for each record requested or $30.00 Fee for each certified record The most current version of this form can be found at www.dmv.state.pa.us PRINT OR TYPE ALL INFORMATION LEGIBLY • DO NOT SEND CASH pennsytvania DEPARTMENT OF TRANSPORTATION SEE REVERSE FOR INSTRUCTIONS/INFORMATION J1 REQUESTER INFORMATION B END USER OF INFORMATION BEING REQUESTED NAME George F. Douglas, 111, ESQ. NAME OF BUSINESS ADDRESS: P.O. Box number may be used in addition to the actual address, but cannot be used as the only address. 354 Alexander Spring Rd, Suite 1 ADDRESS: (P.O. Box not accepted), need to provide physical location o1 business/residence CITY Carlisle STATE PA ZIP CODE 17015 CITY STATE ZIP CODE DAYTIME TELEPHONE NUMBER (Required) (717) 386-0262 REFERENCE NUMBER CONTACT PERSON PHONE # NAIC NUMBER POLICY NUMBER X i �b"i.a.0 ¢ I I SIGNATURE e�/� r....VV �_ CLAIM NUMBER NOTARIZATION)ya REQUIRED WHEN REQUESTING YOUR OWN RECORD D MICROFILM Certified - 0 YES ($30.00 Required) CHECK(✓)ONE ONLY: SEE REVERSE SIDE OF FORM FOR EXPLANATION OF INFORMATION YOU WILL RECEIVE. ❑ TITLE HISTORY- Indicate if you want: 0 ODOMETER READINGS 0 CURRENT RECORD, or the 0 ENCUMBRANCE/BASIC 0 PREVIOUS RECORD 0 BASIC INFORMATION 0 INSURANCE C VEHICLE INFORMATION (read instructions for number 2 on the back of the form) TAG NUMBER TITLE NUMBER 61450186301 PO VEHICLE IDENTIFICATION NUMBER 1HD1JBB1X5Y044274 DATE OF ACCIDENT (if applicable) El VEHICLE OWNER RELEASE NAME John A. Powley, Jr, and Michelle L. Powley I NAME OF VEHICLE OWNER hereby request the PA Department of Transportation to furnish a copy of my PA vehicle record to. ADDRESS 3591 Colonial Road CITY Dover STATE PA ZIP CODE 17315 NAME OF REQUESTER SIGNATURE OF VEHICLE OWNER DATE F AFFIDAVIT OF INTENDED USE - YOU MUST CHECK (V) ONE 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 verify the accuracy Of personal information submitted by the individual to the business or its agents, employees, or contractors; and b. if 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. V 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 clai nvestigation activities, antifraud activities, rating or underwriting. 7. For u in providing notice to the owners of towed or impounded vehicles. 8. Fo se in connection with the operation of private toll transportation facilities. NOTARIZATION SCRI DAND SW%"N T RE ME: MONTH DAY ORO YEAR v` 111 .rTS - O(.TI w I hereby certify that keV �s 1—, will 1S �� . NAME OF REOU TER 9 use the vehicle information requested pursuant to Section 6114 of the Pennsylvania Vehicle Code, for the purpose checked above only and 10, 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. I/We state That lAve have read and signed this form alter Its completion, and I/we swear or affirm that the statements made herein are true and correct, and that any statement made on or pursuant to this lone Is subject to the penalties of 18 PA C.S. Section 4903(x)(2) (relating to false swearing), which shall Include punishment of a fine not exceeding 55,000, or to a term of Imprisonment of not more than two years, or both. GNATURE OFREQUESTER TITLE OF REQUESTER (if applicable) © L SIGNATURE OF PERSON ADMINISTERING OATH C ► MMONWEALTH OF PENNSYLVANIA S E A L NOTARIAL SEAL KaC1 P`d F ib'fhs FY South Mi e.on W Um n C til Mi My Commission Expires June 28, 2018 PENNSYLVANIA ASSOCIATION OF NOTARIES MEMBER,EXHIBIT THIS FORM MAY BE PHOTOCOPIED MESSENGER NO. FACT SHEET Involuntary Transfer of Ownership of a Vehicle by Court Order PENNDOT 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 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 ail 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 171064031 EXHIBIT Visit us at www.dmv.state.pa.us id 3. 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) (2) (3) A specific description of the vehicle (i.e., year, make, model and VIN); The court of competent jurisdiction where an action will be or has been filed; and 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, 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. 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 Department -approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Oficial Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT AND NOW, this day of and an opportunity for hearing having been prvi awards ownership of one [year], [make] • ORDEj2 o1ltnterested parties, the Court hereby IV' bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person toid le is hereby extinguished. The Commonwealth of Pennsylvania, Department of s ion may accept this order as evidence of ownership in 9t lieu of a Certificate of Title. Th ioner shall submit the appropriate forms, taxes and fees and comply with any other proceiFes of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. 20 , after reasonable notice BY THE COURT: Judge IN RE: 2005 Harley Davidson Motorcycle VIN: 1 HD 1 JBB 1 X5Y044272 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. : CIVIL ACTION — LAW WALTER J. FICKES, : INVOLUNTARY TRANSFER OF Petitioner : MOTOR VEHICLE TITLE ORDER GRANTING TITLE TO A MOTOR VEHICLE AND NOW, this day of , 2014, the Court hereby awards ownership of one 2005 Harley Davidson motorcycle bearing Vehicle Identification Number 1HD1JBB1X54044274 to Walter J. Fickes, 327 Big Spring Road, Newville, Pennsylvania, 17421, 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. EXHIBIT IN RE: 2005 Harley Davidson Motorcycle VIN: 1HD1JBB1X5Y044272 • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, • • PENNSYLVANIA No. CIVIL ACTION — LAW WALTER J. FICKES, : INVOLUNTARY TRANSFER OF Petitioner : MOTOR VEHICLE TITLE ORDER OF COURT AND NOW, this T day of , 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 c-C#4day of -C , 2014, in Courtroom No. 3 , at a:30 o'clock P BY THE COURT: IN RE: 2005 Harley Davidson Motorcycle VIN: 1HD1JBB1X5Y044272 WALTER J. FICKES, • • IN THE COURT OF COMMON PLEAS • ▪ OF CUMBERLAND COUNTY, • • PENNSYLVANIA No. /((-- 4373 6af e CIVIL ACTION — LAW : INVOLUNTARY TRANSFER OF Petitioner : MOTOR VEHICLE TITLE ORDER GRANTING TITLE TO A MOTOR VEHICLE AND NOW, this day of , 2014, the Court hereby awards ownership of one 2005 Harley Davidson motorcycle bearing Vehicle Identification Number 1HD1JBB1X54044274 to Walter J. Fickes, 327 Big Spring Road, Newville, Pennsylvania, 17421, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Pennsylvania Depailment 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. J.