HomeMy WebLinkAbout06-2464
LESLIE L. .JACOBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
: CIVIL ACTION - LAW
MELVIN E. MOHR,
: NO. 2006 - ;:J.LJl.<f CIVIL TERM
Defendant
PETITION FOR NEW MOTOR VEHICLE TITLE
NOW comes the plaintiff herein, Leslie L. Jacoby, by his attorney, Harold S. Irwin, III,
Esquire, and with the consent of the defendant, Melvin E. Mohr, and presents this
petition for a new motor vehicle title, representing as follows:
1, Plaintiff (petitioner herein) is Leslie L. Jacoby, an adult individual residing at 388
Georgetown Road, Gardners, Cumberland County, Pennsylvania 17324, and the owner
of Jacoby Welding & Repair.
2, Defendant is Melvin E, Mohr, an adult individual residing at 8 Chestnut Ridge
Road, Gardners, Cumberland County, Pennsylvania 17324.
3, On or about October 6, 1998, Daniel L. Carter, then of 1266 Essex Road,
Westbrook, Connecticut 06498, purchased a 1993 Volvo TS Road Tractor (VIN No.
4V1WDBRF4PN655214). A copy of the Connecticut Commissioner of motor Vehicles
title for said vehicle is incorporated herein by reference and attached hereto as Exhibit
"A".
4. On or about October 8,2002, Daniel L. Carter, then of RR1, Box 40B, Augusta,
West Virginia 26704, sold, assigned and transferred title to said motor vehicle to
defendant, Melvin E, Mohr. A copy of the bill of sale and a copy of the back of the
motor vehicle title are incorporated herein by reference and attac:hed hereto as Exhibits
"8" and "e".
5, At the specific, oral request of the defendant, petitioner performed certain repair
services upon said vehicle, the value of which services were approximately $5,000.
6. In order to pay for said services, defendant has agreed to transfer title of the
motor vehicle to petitioner and petitioner has agreed to accept the conveyance of the
vehicle in return for full satisfaction of all sums due to petitioner by the defendant.
7, Defendant never processed the title, the transfer of which was executed by Mr.
Carter and defendant on October 8, 2002, and has now lost the original title, possessing
only the photocopies attached to this petition,
8, Petitioner and defendant have attempted to contact Daniel L. Carter both at the
Connecticut address listed on the title and at the West Virginia address on the bill of
sale to defendant, but all efforts to contact him have been unsuccessful.
9. Petitioner believes and therefor avers that the execution of the title and bill of
sale on October 8, 2002, should be accepted by the Court as proof of the transfer of title
from Carter to defendant
10. Petitioner further believes and therefor avers that defendant's execution of the
verification attached to this petition should be accepted by the Court as defendant's
acknowledgement of the foregoing facts and his consent to the transfer of title to
petitioner.
11, No purpose would be served by requiring either of the parties to notify Mr. Carter
of the present situation as service would have to be by publication at his last known
address in West Virginia, a location at which Mr. Carter obviously no longer resides.
12. Furthermore, the documentation attached is proof of the transfer of any interest
in the subject vehicle from Mr. Carter to defendant
WHEREFORE, your petitioner requests that your Honorable Court order and direct the
Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor
Vehicles, to issue to plaintiff, Leslie L. Jacoby, a new motor vehicle title for the subject
1993 Volvo TS Road Tractor (VIN No. 4V1WDBRF4PN655214) previously titled in
Connecticut under the name of Daniel L. Carter.
HAROLD S. IRWIN, III
May 1, 2006
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
VERIFICATION
The foregoing petition is true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S.A. Section 4094, relating to unswom falsification to authorities.
May L, 2006
~
LESLIE L. JAC , Petitioner
, \~ ~ 'ffi ~~~
MELVIN E. MOHR, Petitioner
May ~, 2006
EXHIBIT "A"
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VEHIClE IDENTIFICATION NUM8ER (VIM)
4VIWDBRF4PN655214
MODEL
AERO
BODY s'mE
TRACTR
YUR
1993
MAKE
WHGM
CYL
06
NEW/USED
USED
TInE HUMBER OAR Of ISSUE
024698401 04/08/1999
PRIOR TITlE NUMBER
050723338101
PRIM'TtTlE snTE PURCHASE DAlE ODOMETER READING
PA 10/06/1998 423399
.'
OWNi:R(S):
CARTER DANIEL L
1266 ESSEX RD
WESTBROOK CT 06498
-DATi: OF BIRTH
12/11/1947
RELEASE OF LIENS
FIRST LIENHOLDER:
Assac COMMERCIAL CORP
8201 RIOGEPOINT OR
IRVING TX 75063
SECOND LIEN INTEREST IN DESCRIBED
VEHICLE IS HEREBY RELEASED
DATE OF LIEN
10/06/1998
SECOND LIENHOLDER:
DATE OF LIEN. NAMe
AUTHORIZED SIGNATURE
X
DATE RELEASED
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ASSOC COMMERCIAL CORP
8201 RIDGEPOINT OR
IRVING TX 75063
The Comm issioner of Motor
Vehicles hereby certifies that an
application for a certificate of title
for the motor vehicle described
herein has been duly tiled. pursuant
to the provisions or the laws of
the State of Connecticut. and based
on the statements of the applicant
and the records on file with this
agency. The applicant named is the
owner of said vehicle. The
Department of Motor Vehicles
further certifies thai the vehicie is
subject to any security interests
shown herein.
VEHICLE IDENTIFICATION NUMBER (VINl
1IIImlllllllllllllllU
TITLE NUMBER
1II1IIIIIII1
IN WITNESS WHEREOF.
I have affixed my hand.
~ t2 .4~
~SIONER OF MOTOR VEHICLES
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EXHIBIT ..B..
BILL OF SALE - MOTOR VEHICLE
FeT the oonside1'ation of $1 0,000.00, Dsniel 1. Carter (the ~Seller"), of RRl Box 408,
Augusta, West Virginia 26704, docs hereby sell, assign and transfer to Melvin E. Mohr
(the "Buyer"), of 8 Chestnut Ridge Road, Gardners, Pennsylvania 17324, the following
described motor vehicle (the "Vehicle"):
Make~
Model:
Year:
Volvo/White
TS Road Tractor
1993
4VI WDBRF4PN6SS214
VIN:
Federal law requires that the mileage of a motor vehicle be stated upon tnmsfer of
ownership. Failure to disclose the mileage or providing a false statement may result in
fines and/or imprisonment.
The Seller states that the odometer reading of the Vehicle is 512,000 miles. The Seller
certifies1hat to the best of the Seller' $ knowledge, this reading reflects the actUal mileage
of the Vehicle. Further. the V chicle's odometer was not altered, set back, or discolUleCted
while ill the Seller's pos$C$Sion,lUld the Seller has no knowledge of anyone else doing $0.
The Buyer aclcnowlcdges the aboVl:: odometer statements:
Melvin E. Mohr
BY:"'~\~ f ~~
Melvin E. Mohr
The Seller warrants that the Vehicle is being transferred free and clear of any liens and
encwnbrances.
lhe Vehicle is being ttansferm:l on an "AS IS" basis, with no warranties, express or
implied, as to the condition of the V chicle.
The undersigned Seller certifies under penalty of perjwy that the statements made in this
Bill of Sale are true and correct to the best knowledge of the Seller. The tranBfer of the
Vehicle is effective as of October 08, 2002.
::~~ff i:-
Daniel L. Carter
-
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EXHIBIT "e"
.e t"at, tn the- b..st ot my knowledge OOOMETElUEADWG
~lii'i. the l>dom..tf!r reading spetificd ' (Nor-flu)
:,~t1~t.~_ the adu<ll mileage, unless one rr::l1"Ol~~I79,
fnriuwmg:ibtePlentsischocked: GlJ~U
mohr
...n<;;.......,.. DV" Dca.v,,", ""''''-' Ir ...r...\.n;"".......
o Ilwrooy car-.I:: It}al the odOmete-i rea,jmq f~I''"!Cts ~
aroo'JI\\ Qf milttage m .1l~S of its m'Khanka\
limits. (1?'>d ~r....",lteti!:f sr.-rfted 81 ;rero .'f:d'llJ
o I hereby candy !t:.J\ t~e OdOrrll':@f
leao,ng 1$ no\ dc~,.a\ ",;\e<.':}e
WARNf<<1: ClOOMETER OtSCREPAN(:Y
DEALER'S UCENSE NO. Iff de;J/~)
/p-DI.o;'l
PIIINTEONAME OF SEllERIS) (AulhOfi~fflolti(j..IJ
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Wa~ \hi:. vvnide at thet'rme of sale in condittonfot l~~per.ltion on th@highway(s) of this state1 (On;yDea/en must respond to this question)
\::>.......~I t. e... .....,
DYES DNO
~ th;tt. to t!11' hf!_"t of mv knowled:!e
~lief. the odometer reading specified
i>t1ed.<; th,! ad.!:al milf'age,lll1Jess one
fl)UI~win~statmnents is thee-ked:
OOOMETERREADING
(No fH)']u)
....
ODDOOO
CHECK A BOX BELOW ONL ~ IF APPUCABI.E
o
I t;~rao'l cer:;!l !holl lhe o<'k:ornelN r';.i,,j:I'(j 'e;l.)o;;~ '1"'"
ilf!1Ol.lnr cl mileage if'! eXC9!1 01 its mcchar<iea\
Ihnits. rTre i:'C.Jr."<:t~~. :$I.~'!ed ii' ~-e;:> i'1::;.W';
o I nereoy c~rlily l'la: I~~ OdO"'1o,,12r
re:aa;n9 is ".0\ i!.c~\:a\ mllel'lge-.
WARNING; ODOUETER DISCREPANCY
.f IUYER{S) (p1"}J~~ print)
MAlik'S U(lNSE NO. (If deJlln-}
SOf'UYERiS)lP/~.a~prifltJ
;UEtfHOlOE!tlOIESlotOWNONNEWlnU (lfnoli~,prinr "NONE'"
DATE OfUEN
l~ Or BUYER(S) (Or iJUrh01izM offiO.ll)
PAlf.lTEONAME OF PUYEJl:IS) 'Aurhmizooomci~J)
F iELlE~{<;.1 (p,.."..prinr)
DATESOl'J
DEALER'S lICEN Sf NO. (If rl~'.;I:~r)
I;tE OF SE!...lt:l::Si ,:.)r.lllrhorill'dofficiai}
PR1N7.E::> NAME o!' ;EllUI'i) (k,:h,...iLf;!r1.d:.:(J0I1)
Na$ this v~hiti,," at the time ohall!' in conditiQntod~al Q!)eration ort th~ highwa:ri") oHhn ltate') fOntyD..I.n must ,,~sponJ to thisqu.dio.,) 0 YES 0 NO
OOOMETER READING
INot,,"'uJ
'V
000000
CHECK A BOX ElELOW ONL V IF APPUCABLE
o I hereby ':~C";'!i' "";tll'lEl odo.>nl1O!l'Cr (.eil".l~l\''; f",i!qc:;; II'"
".....Ol;nl ~: mheaqe in I!l)lCil:<~ of ll:i Plcchanicaol
100000l,:;. ,-..:.... '-"...."......,,, ,;:r_I~.~ ~r ~'Jr-' ;':_l.'''~'
o
I ~e'et'oy c.:!rf;fy I'~ilf :.:,) ('Gameler
leadli''lg ,s not aClu" mileage.
VlAPNING: OOOM~ ClSf:AeP41'1CV
th,\t. t.. n\<., b~.'it of my knt)wledge
hef. ti;e ;..u'lrneter loading specified
flnet.,; .11,';l ~nnl mileage. unless tlne
"ll,)wim:: :-l..'l. temen!..,,; i3 ('llI~('ked:
'1lI.frE?iji'>'I"...;.priflt)
I DEAlER'S lI<E"" NO. ,If ',"-"'1
;Of 'UYERtS) (gl~OISl!prinrJ
liENHOLDER TO,,~ ;HOWN ON NEWTlTU ("r>Ojj~n, pritT' "NQNE.I
I DATEOfi,.lEN
PRINHDNAM::' OF ,UYER{SI (A:lth<J'fL~d "ff"iiJ/l
REOF 8U'f';::!l:{~i \~:.. ,~ufh.,riJ"l!<'1 uUi<i.-l)
,
'iEll':.~t5)IPlt,.l''''pfi",.l
DArESOLD I DEAlER'S liCENsE NO '" ".,'d
PRIMfO NAME OF Sl:llER(SJ fAulharilM(tfoina,;
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Leslie L. Jacoby,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-2464 CIVIL
Melvin E. Mohr,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 5th day of May, 2006, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the Pennsylvania Department of Transportation to show
cause why the plaintiff is not entitled to the relief requested;
2. The Pennsylvania Department of Transportation will file an answer to this
petition on or before May 26,2006;
3. A copy of said answer will be filed with this Court;
4. The petition shall be decided under Pa.R.C.P. No. 206.7;
5. If no answer to the Rule to Show cause is filed by the required date, the relief
request by Plaintiff shall be granted,
By the Court,
~'\
M. L, Ebert, Jr., J.
kid S. l!Win, Esquire
Attorney for Plaintiff
, - ~abusk, EsqUire
~~;~::for PennDot
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LESLIE L JACOBY,
Plaintiff
: IN THE COURT OF COMMON PLI!AS OF
: CUMBI!RLAND COUNTY, PI!NNSYLVANIA
:
v.
: CML ACTION - LAW
.
.
MI!LVIN E. MOHR,
: NO. 2008 - 2484 CIVIL TERM
Defendant
PETITION TO MAKE RULE ABSOLUTE
NOW comes the plaintiff herein, Leslie L. Jacoby, by his attorney, Harold S. Irwin, III,
Esquire, and with the consent of the defendant, Melvin E. Mohr, and presents this
petition to make rule absolute, representing as follows:
1. On May 2, 2006, petitioner filed a petition requesting an order directing the
Commonwealth of Pennsylvania Department of Transportation (hereinafter the
"Department") to transfer title to a certain 1993 Volvo TS Road Tractor (VIN No.
4V1WDBRF4PN655214) previously titled in Connecticut under the name of Daniel L. Carter, to
petitioner.
2. Attached to the petition was documentary evidence and averments indicating that
the vehicle had been transferred from Daniel L. Carter to the defendant, Melvin E. Mohr,
but that the title had never been officially transferred.
3. Also attached to the petition was a consent signed by the defendant to the
request that ownership be transferred to the petitioner, together with an appropriate
certificate of title.
4. On or about May 5, 2006, this Court issued a rule upon the Department to show
cause why the petitioner is not entitled to the relief requested, making the rule
returnable on or before May 26, 2006.
5. On or about May 25, 2006, the Pennsylvania Department of Transportation did
file an answer, attached to which was a model order establishing ownership of a
vehicle, including infonnation necessary to identify the vehicle.
6. Further, said answer indicated that should this Court enter an order in the fonn
submitted by the Department, and assuming all other necessary paperwork and fees
are submitted, the Department would issue a title on the basis of such an Order (see
paragraph six of the Department's response).
7. While the Department indicates its position that Mr. Carter deserves notice of
this proceeding, petitioner believes and therefor avers that, under the circumstances, no
purpose would be served by requiring the parties to notify Mr. Carter of the present
situation as service would have to be by publication at his last known address in West
Virginia, a location at which Mr. Carter obviously no.longer resides.
8. Petitioner has attached to this petition to make the rule absolute an Order in the
fonn suggested by the Department.
9. Petition is willing to submit to the Department the appropriate fonns, taxes and
fees and comply with any other procedures of the Department in order to receive an
appropriate certificate of title for the subject vehicle.
WHEREFORE, your petitioner requests that your Honorable Court award ownership of
the subject vehicle to petitioner by entry of an Or er in the fonn attached to this petition.
May 26, 2006
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court 10 No. 29920
w
,
"I
VERIFICATION
The foregoing petition is true and correct to the best of my knowledge, information and belief.
understand that false statements made herein are subject to the penalties of 28 Pa.C.S.A.
Section 4094, relating to unsworn falsification to authorities. Counsel is signing this verification
since the petition adds no new facts that are not already of record.
May 26, 2006
Ii:
HAROLD S. IRWIN, III
Attorney for Petitioner
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
LESLIE L. JACOBY,
Plaintiff
v.
NO. 2006-2464 CIVIL TERM
MELVIN E. MOHR,
Respondent
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance in the above-designated matter on behalf of the
Pennsylvania Department of Transportation, Bureau of Motor Vehicles.
I am authorized to accept service on behalf of said participant in this matter.
Please send any correspondence to the address below.
David Mark witz
Assistant Counsel
Supreme Court ID No.: 84224
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: May 25,2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
LESLIE L. JACOBY,
Plaintiff
v.
NO. 2006-2464 CIVIL TERM
MELVIN E. MOHR,
Respondent
ANSWER TO ORDER OF COURT ISSUING A RULE TO SHOW CAUSE WHY
PLAINTIFF IS NOT ENTITLED TO RELIEF REQUESTED
AND NOW, pursuant to an order of the Honorable Michael L. Ebert of the
Cumberland County Court of Common Pleas, comes the Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("Department")
to show cause why Plaintiff Leslie L. Jacoby is not entitled to the relief requested in Mr.
Jacoby's Petition for New Motor Vehicle Title ("Petition").
ANSWER
1. Admitted.
2. Admitted.
3. Admitted. By way of further explanation, the referenced Connecticut
Certificate of Title ("Connecticut title") document, Exhibit A to the Petition, appears in
the Department's microfilm records along with Mr. Mohr's Application for Certificate of
Title ("Application") for the truck tractor (Vehicle Identification Number [VIN]
4V1 WDBRF4PN655214).
4. Admitted in part and denied in part. Admitted that Daniel L. Carter
assigned the Connecticut title to Mr. Mohr. Admitted that the reverse of the title reflects
..
that assignment and that Exhibit C appended to the Petition is a photocopy of the back the
Connecticut title made after the assignment. After reasonable investigation, the
Department is unable to verify the authenticity of the Bill of Sale. Accordingly, that
averment is denied.
5. Denied. After reasonable investigation, Respondent is unable to ascertain
the truth of these averments.
6. Denied. After reasonable investigation, Respondent is unable to ascertain
the truth of these averments. By way of further answer, the Department has no objection
and will honor the Court's determination of the ownership of the vehicle. However, to
the extent that the Plaintiff seeks an order directing the Department to issue him a
certificate of title, the Department notes that such an order is in the nature of mandamus.
The Commonwealth Court has exclusive jurisdiction over mandamus actions against
Commonwealth entities. Moreover, the facts plead in the Petition do not make out a
claim in mandamus. The Department has appended as Exhibit "A" a model order
establishing ownership of a vehicle, including information necessary to identify the
vehicle. As indicated, the order establishes ownership, but is not an order in the nature of
a mandamus directing the Department to issue a title. Assuming all other necessary
paperwork and fees are submitted, the Department would issue a title on the basis of such
an order.
7. Denied. It is specifically denied that Mr. Mohr has never applied for a
Pennsylvania certificate of title for the truck tractor. By way of further answer, Mr.
Carter was designated as lienholder in the Application. A certificate of title was issued
2
and Mr. Carter currently appears in the Department's records as lienholder. Consistent
with the Application, Carter's name is misspelled "Carrer."
8. Denied. After reasonable investigation, the Department is unable to
ascertain the truth of these averments.
9. Admitted. To the extent that the averments of Paragraph 9 of the Petition
constitute conclusions oflaw, they require no response. To the extent that the averments
of Paragraph 9 of the Petition are factual, they are admitted.
10. Denied. To the extent that that the averments of Paragraph 10 of the
Petition constitute conclusions oflaw, they require no response. To the extent that the
averments of Paragraph 10 are factual in nature, they are specifically denied.
11. Denied. To the extent that the averments of Paragraph 11 of the Petition
constitute conclusions oflaw, they require no response. To the extent that the averments
of Paragraph 11 of the Petition are factual in nature, they are denied. More specifically,
Mr. Carter is the lienholder of record for the truck tractor and deserves notice.
DaVIa Markowitz
Assistant Counsel
Supreme Court ID No.: 84224
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, P A 17104-2516
(717) 787-2830
DATE: May 25, 2006
3
MODEL 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
Department Exhibit "A"
. .
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
LESLIE L. JACOBY,
Plaintiff
v.
NO. 2006-2464 CIVIL TERM
MELVINE. MOHR,
Respondent
CERTIFICATE OF SERVICE
I hereby certify that I am on this day serving a copy of the Department's Answer
upon the person, and in the manner, indicated below, which satisfies the requirements of
the Pennsylvania Rules of Civil Procedure:
By first class letter, postage pre-paid:
Harold S. Irwin, III, Esquire
Attorney
64 South Pitt St.
Cu&l~ PA 170:l!~mlft ~
Assistant Counsel
Supreme Court ID No.: 84224
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, P A 171 04-2516
(717) 787-2830
DATE: May 25,2006
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HAROLD .. IRWIN, III, ESQUIRE
au...... COURT ID NO. 28820
84 SOU'I'H PITT 8TREET
CAlWsu, PA 17013
717-2a..eaeo
AnallNBY FOR PLAltnlFF
A1AY 2 6 200~
LESLIE L .JACOBY,
PI.lntlff
= IN THE COURT OF COMMON PLEAs OF
= CUMBERLAND COUNTY, PENNSYLVANIA
Y.
= CIVIL ACTION - LAW
MELVIN E. MOHR,
=
Deren_nt
= NO. 2008 - 2484 CML TERM
.
.
ORDER OF COURT
th
NOW, this !) day of June, 2006, on petition of plaintiff herein, ~eslie l. Jacoby, on motion of
his attorney, Harold S. Irwin, III, Esquire, and based upon the consent of the defendant, Melvin
E. Mohr, and the documentation attached to petitioner's original petition, and after reasonable
notice to all parties, the Court hereby awards ownership of the subject 1993 Volvo TS Road
Tractor (VIN No. 4V1WDBRF4PN655214) to Leslie L. Jacoby 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 Tiffe. The petitioner shall submn the appropriate fonns, 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,
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