The Berks Barrister Summer 2017 - 9

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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, if not the Berks County Law 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.
c. Hearing
If you use the Minor Courts for this process, the court will
usually schedule a default date for your client to publish in their
notice or publication. If anyone appears on the date and time
specified, the court will notify your client and reschedule a date for
a hearing. More often than not, no one will appear and the court
can then enter an Order allowing them to take proper, legal title

of the vehicle. PennDOT has a Sample Order in their Fact Sheet
that the courts can follow. Your client will have to provide evidence
to the court that they followed all of the rules and procedures in
trying to notify the previous owner or all interested parties. If all
procedures and steps were completed and no one appears at the
scheduled hearing, the Order should be completed without issue.
Once the Order is entered, 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.
(3) Appropriate sales tax, title and registration fees.
Whatever procedure is followed, an
eyesore has been remedied.
The Honorable Victor M. Frederick, IV
is the Magisterial District Judge for
District 23-3-03. He also maintains a
solo practice of law and serves as Chair
of the BCBA's Minor Judiciary Practice
and Procedure Section.
Summer 2017 | 9


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The Berks Barrister Summer 2017

Table of Contents for the Digital Edition of The Berks Barrister Summer 2017

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