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In The Court Of Common Pleas of Cumberland County, Pennsylvania
In Re Motorcycle,
VIN JYA4M400lBA013099
; Dkt. # D{. - %tYR
{It:'':L~~
Roger Lee Drake, Petitioner
513 Spring Run Drive
Mechanicsburg, Pa 17055
Petition for Order to Confirm Ownership
Roger Drake by and through counsel move this Court for an Order
confirming ownership of a Motorcycle and avers as follows:
1. Roger Drake is the owner ofa 1981 Yamaha 650 Special motorcycle,
bearing Vehicle Identification Number JYA4M400lBA013099.
2. The vehicle was purchased by Roger Drake in or about 1984 from
Poor Richard's Auto Sales of New Cumberland, Dick Brubacher proprietor. Mr.
Drake received a proper title at the time of the purchase. Mr. Brubacher indicated
that he retained records for only 10 years and did not have a copy of the title or
transaction records due to the passage oftime.
3. The vehicle was licensed and operated for about a year, but was
permanently parked when Mr. Drake got married.
4. Registration lapsed, and the vehicle is no longer in the PennDOT
records system.
5. Sometime from 1985 to the present date, the title documents were lost
because of water in the basement area where they were stored.
6. In June 2006, Mark Lebo, petitioner's brother in law, expressed
interest in purchasing and repairing the vehicle for his use.
7. The vehicle has been repaired and is ready to be transferred and
licensed to Mr. Lebo upon confirmation of title as required by PennDOT Form
MV-217, and MV-38. (Attached).
8. PennDOT has supplied a draft Order on the back of Form MV-217.
9. Form MV-217 includes a Note that "in questionable cases," the
Department may require the applicant to execute an indemnification agreement or
other forms.
10. Petitioner has no objection to indemnifying both the Department and
the purchaser, and language is added to the draft form of Order for that purpose.
1 I. The above statements are confirmed by sworn affidavit of Mr. Drake.
Wherefore, Petitioner requests that an Order confirming ownership be
issued in the form of the proposed Order attached.
,
/s/ ew
An ew bin
Atty. No, 43571
Andrew W. Barbin, P.C.
5020 Ritter Road, Suite 109
Mechanicsburg,Pa17055
717-506-4670
Date: August 23, 2006
MV-,217 (03-03)
. ,
~ Commonwealth of Pennsylvania
Bureau of Motor VehIcles
. . P.O. BOX 68672
HARRISBURG, PA 17106-8672
APPLICATION FOR CERTIFICATE
OF TITLE AFTER
DEFAULT BY OWNER
.. FOR DEPARTMENT USE ONLY ..
NOTE: When default occurs, the following three options are available for obtaining a certificate of title. Form MV-1 must
be properly completed and accompany this application in all cases.
CHECK APPROPRIATE BLOCK below indicating which option you are proceeding under: /./
o 1. Judgment and execution 0 2. Non-judicial sale or repossession and retention ~ Court Order
(U.C.C.)
Title Number
099
FOLLOW THE INSTRUCTIONS BELOW FOR THE APPROPRIATE BLOCK CHECKED ABOVE AND THE
APPLICANT LISTED ON FORM MV-1 MUST SIGN THE APPLICATION BELOW.
Applicant Name
OPTION 1 - JUDGMENT AND EXECUTION -(NOTE: An individual or business listed as a lienholder on a
Pennsylvania Certificate of Title that is not licensed with the Department of Banking, must follow this
Option). If the vehicle owner has defauited on a loan from a private individuai, then Option 3 may be used for the lienholder
to take ownership of the vehicie. (NOTE: A Judgement is used by a private individual that is listed as the lienholder on the
Pennsylvania Certificate of Title. This option will allow the individual to be re~paid for the remaining amount of the lien.)
The purchaser at the sheriff's.~onstable's sale may obtain certificate of title upon presentation of all the following items:
. Certified copy of the judgment and writ of execution, or the court order of sale.
. Bill of saie from the sheriff, constabie or other duly authorized executing officer showing the date of sale, name of
purchaser, make and V1N of vehicle.
. Documentation that any existing lien is satisfied.
OPTION 2 - NON-JUDICIAL SALE OR REPOSSESSION & RETENTION (Uniform Commercial Code)
Certificate of title will be issued in the name of the purchaser at the sale (who may be the lienholder) upon receipt of the
following: .. .
. The certificate of title when a lien is recorded on the title OR the original or an acceptable copy of the filed financing
statement.
. The original or an acceptable copy of the agreement which is the basis of the right to repossess.
. The original or an acceptable copy of the notice of intention to sell, mailed to the debtor.
( i) If a public saie, the notice must set forth the time and place of the'sale.
( Ii) If a private sale, the notice must set forth the time after which the sale is to be made.
. Bill of saie showing the date of sale, name of purchaser, make and VIN of vehicle, if the purchaser is not the lienholder
OPTION 3 . COURT ORDER - (NOTE: A sample court order is printed on the back) This option is used by a
lienholder, who is not recorded on the Certificate of Title or who is not licensed by the Department of Banking, when
the lienholder wls.hes to obtain ownership of the vehicle.
C'tiiicate of title will be issued upon receipt of the foilowing items:
/ . A certified copy of an order of a Court of Common Pleas listing the make and VIN of the vehicie and naming the person
l to whom the court awarded ownership of the vehicle and proof that notice of the Court of Common Pleas proceeding
was given to the prior owner and any other person who had an interest in the vehicle. .
" If the originai certificate of title is available, it must be attached to your application and court order. If the title is not
aVailable, documentation must be inciuded explaining why the title is not attached.
-_...,-"'"" .
NOTE: In questionable cases, the Department may require the applicant for certificate of title to execute an
indemnification agreement, or other forms as necessary.
I/We hereby make application for a certificate of title and
certify under penaity of law that I/we have complied with )(
the appropriate instructions listed on this application and
have acted in accordance with the law.
f3 01- tJlP
Dale
.
NOTE: THIS IS ONLY A SAMPLE. A certified copy of the original is required under Option 3
on the front of this application.
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], b ring vehicle identification number
[name of applicant], and the right,
title and interest of any other~ Icle Is hereby extinguished. The
Department of Transportati s order as evidence of ownership in lieu of a
certificate of title. The pet,S hail submit the appropriate forms, taxes and fees and
comply with any other procedures of the Department of Transportation in order to receive
the appropriate certificate of title for said vehicle.
BY THE COURT:
, Judge
.
MV-38 0 (09.02)
. lPLICATION
FuR DUPLICATE
CERTIFICATE
OF TITLE BY OWNER
... For Depllrtmenl Uoe Only ...
,
Depor1mont or Transportation
au..... or Molar VellicIn
Horrillburg, PA 17104-2518
See Instructions on Reverse
FEE: $22.50
VEHICLE INFORMATION
"l1IloN_
Nu_
M4BO I BPr 0/3 OC{
"'"
---
, '5 \3>
E
l"ii'I Lostl 0 Stolen 0 Defaced (Der.ced - must 0 Never (Provide "",r correct
I Deslroyed be ._heeIl __ .ddress .-1
EHICLE OWNER'S NOTARIZATION
E
A
L
OTARlZE UNLESS
LVANIA
PRE~~,~PubIc
Sout'I Oem-e T"".. CoI,,"bia Cotrily
~nltUre c:A Co-Owner or 1'ItIII AuthclrIr:ed SIgner
TMIphone Nurnbltr
(VIIIII only be uud if there..
pmbIem with your .ppIication,)
(7/1>
7ft, t,.;Lcf to
. "
Member, ;"..,n;l&jri.;~'niil _....;;~:.'i;latt:m Of NobIrItts
NOTE: COMPLETE THE INFORMA110N LISTED BELOW ONLY IF A LIEN WAS RECORDED
AGAINST THE VEHICLE AND THE LIEN HAS BEEN SA11SFIED AND THE 11TLE IS NOT
ATTACHED.
U ER
F1n1lnd8llrlltllutlon Number
MO. DAY
YEAR
I_WI h.... .- and oIlplod thIo oppIca1IDn _11& .....-,._ I __ '" aftInn W
the atementa nwcte herein 81'8 true and ClOIT8CI, lInd that any ......nt n8de on or pul'8U8nt
to lb. opplicatIon . subject to the po-. or 18 PA C.s. _ 01803(0)(2) <_9 to -
~). _ _ _ ~ or 0 fine not exooedlng $6,000, or to . tonn
. Impn.onment of not more than two ye&r8, or both.
SIGNATURE OF PERSON ADtwtNlSTERING OATH
S
E
A
L
S1gnatul1l 01 Uenhok*
Mphone Number
( >
DO NOT NOTARIZE UNLESS
SIGNED BY LIENHOLDER IN
PRESENCE OF NOTARY
11tIe of AuIhoriEed SIgner
Messenger No.
THIS APPLICATION MAY BE PHOTOCOPIED
.
.
In The Court Of Common Pleas of Cumberland County, Pennsylvania
In Re Motorcycle,
VIN JYA4M400lBA013099
: Dkt. #
Roger Lee Drake, Petitioner
513 Spring Run Drive
Mechanicsburg, Pa 17055
ORDER
ANn Now, this
, 2006, upon consideration of the
day of
Petition and Affidavit of Roger Drake and for good cause shown the Court hereby awards
ownership of a 1981 Yamaha 650 Special motorcycle, bearing Vehicle Identification Number
JY A4M400lBA013099 to Roger Lee Drake and the right, title and interest of any other person
of said vehicle is hereby extinguished. The original title was lost as a result of water being in
Mr. Drake's residence. The Department of Transportation (PennDOT) 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 any other procedures of the Department of Transportation
in order to receive the appropriate certificate of title for said vehicle, and/or for the transfer of
title to said vehicle to Mr. Lebo. Petitioner shall indemnify PennDOT and Mr. Mark Lebo as to
any and all claims of any third party asserting right, title and/or interest in the vehicle predating
this Order.
BY THE COURT:
J.
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In The Court Of Common Pleas of Cumberland County, Pennsylvania
In Re Motorcycle,
VIN JYA4M400 lBAO 13099
Roger Lee Drake, Petitioner
513 Spring Run Drive
Mechanicsburg, Pa 17055
: Dkt. # ~ -~cd G'v~tT~
Affidavit of Roger Drake
Roger Drake, an adult male citizen of Cumberland County, makes the
following sworn statement in support of a Petition confinning ownership of a
motorcycle and avers as follows:
1. Roger Drake is the owner of a 1981 Yamaha 650 Special motorcycle,
bearing Vehicle Identification Number JY A4 M400 lBAO 13099.
2. I purchased the motorcycle in or about 1984 from Poor Richard's
Auto Sales of New Cumberland, Dick Brubacher proprietor. I received a proper
title at the time of the purchase. I contacted Mr. Brubacher, who indicated that he
retained records for only 10 years, and he did not have a copy of the title or
transaction records due to the passage oftime.
3, The vehicle was licensed and operated for about a year, but was
pennanently parked when I got married. Registration lapsed, and the vehicle is no
longer in the PennDOT records system when I went to apply for a duplicate title.
Sometime from 1985 to the present date, the original title documents were lost
because of water in the basement area where they were stored.
...
, ' ' ~
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6. In June 2006, Mark Lebo, my brother in law, expressed interest in
purchasing and repairing the vehicle for his use. The vehicle has been repaired and
is ready to be transferred and licensed to Mr. Lebo upon confirmation of title as
required by PennDOT Form MV-217, and MV-38. (Attached).
8. PennDOT has supplied a draft Order on the back of Form MV-217.
Form MV-217 includes a Note that "in questionable cases," the Department may
require the applicant to execute an indemnification agreement or other forms.
10. I have no objection to indemnifying both the Department and the
purchaser against any claim of right title or interest by any third party, and
language is added to the draft form of Order for that purpose.
11. I verify that the above affidavit and the statements contained therein
are true and correct to the best of my knowledge, information and belief and that I
understand that this Affidavit and any false statements herein are made subject to
the penalties of 18 Pa.C.S.A. ~ 4904, relating to unsworn falsification to
authorities.
.~OA~
~er Drake .
August 23, 2006
Notary:
~ /' ;;;4~r
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Notarial Seal
Maxine E. Goodman. Notary Public
.................. BOJO, Cumberland County
My CommIllion Explle. Nov. 10. 2006
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RECEIVED L
AUG 3 1 2006 0:
BY:
In The Court Of Common Pleas of Cumberland County, Pennsylvania
In Re Motorcycle,
VIN JYA4M4001BA013099
Roger Lee Drake, Petitioner
513 Spring Run Drive
Mechanicsburg, Pa 17055
~ D1ct. # Dl. -S~ Ci.CJ~L'-y-~
,~
AND Now, this 5 day of
ORDER
S~~h._~t(
, 2006, upon consideration of the
Petition and Affidavit of Roger Drake and for good cause shown the Court hereby awards
ownership of a 1981 Yamaha 650 Special motorcycle, bearing Vehicle Identification Number
JY A4M4001BA013099 to Roger Lee Drake and the right, title and interest of any other person
of said vehicle is hereby extinguished. The original title was lost as a result of water being in
Mr. Drake's residence. The Department of Transportation (PennDOT) 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 any other procedures of the Department of Transportation
in order to receive the appropriate certificate of title for said vehicle, and/or for the transfer of
title to said vehicle to Mr. Lebo. Petitioner shall indemnify PennDOT and Mr. Mark Lebo as to
any and all claims of any third party asserting right, title and/or interest in the vehicle predating
this Order.
BY THE COURT:
J.
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