891 Procedure for the sale of impounded or seized motor vehicles; president judge general court regulation no. 96-1
Title 249--PHILADELPHIA RULES PHILADELPHIA COUNTY Procedure for the Sale of Impounded or Seized Motor Vehicles; President Judge General Court Regulation No. 96-1 [26 Pa.B. 2489] On April 19, 1995, the Honorable Edward G. Rendell signed Bill No. 747 which was passed by the Philadelphia City Council on April 12, 1995. The said Bill amends Title 12 of the Philadelphia Code, and provides for the towing of any motor vehicles impounded or seized in Philadelphia County and, as further provided by the Pennsylvania Motor Vehicle Code, 75 Pa.C.S. § 101, et seq., provides for the sale, at public auction, of motor vehicles which are not reclaimed within the time period set forth in the said ordinance by the owner of record or by any lienholder of record.
The within General Court Regulation sets forth the procedure to be followed by the City of Philadelphia and Philadelphia Parking Authority to sell the said unclaimed motor vehicles at public auction and to vest title to the successful bidder.
1. Notice to Owner of Record and Lienholder of Record. The City of Philadelphia shall notify the owner of record and all lienholders of record of their right to reclaim the motor vehicle as provided in §§ 12-2405, 2406 and 2406.1. The notices shall be substantially in the forms set forth hereunder as Exhibits ''A'' through ''E''. Notice shall be sent by regular mail and a Certificate of Mailing shall be attached to each copy of the notice filed with the Court as provided in paragraph 3 hereof.
2. Abandoned or Unclaimed Vehicle Declaration. In the event a vehicle is not reclaimed, or in the event fines, penalties or charges relating to the towing and storage of the vehicle or any outstanding parking summonses are owing, the City may declare such vehicle ''abandoned'' pursuant to 75 Pa.C.S. § 7301, et seq. or ''unclaimed'' and take such steps as necessary to recover payment of such fines, penalties, charges or outstanding summonses, including but not limited to, auction of the vehicle pursuant to Court Order issued as provided herein.
3. Filing of Petition. A Civil Cover Sheet, Petition and Motion Court Cover Sheet shall be filed with the Prothonotary and Motion Court setting forth, inter alia, the efforts made to notify the owners of record and lienholders of record to reclaim the vehicles, and the fact that the vehicles have not been reclaimed. Attached to the Petition shall be copies of the letters sent to the owners of record and lienholders which notify same that if the vehicles are not reclaimed they shall be sold at auction on a specific date. Upon review of the Petition, the President Judge, or his designee, if satisfied that the owners of record and lienholders of record have received the required notice and not having requested an administrative hearing as provided in chapter 2800 of the Philadelphia Code, may enter an Order authorizing the City of Philadelphia and/or the Philadelphia Parking Authority, through its authorized agents, to sell at public auction the motor vehicles described in the said Petition. The Order shall be substantially in the form set forth hereunder as Exhibit ''F''.
4. Notice of Auction Date and Rights of Owners of Record and Lienholders of Record Pending Auction. Notice of the auction date shall be set forth in the Notice to the owners of record and lienholders of record sent as provided in paragraph 3 above. Notice of the public auction shall also be provided by publication at least five (5) days before the auction in The Legal Intelligencer and either the Philadelphia Inquirer or the Philadelphia Daily News or as otherwise directed by the Court. At any time prior to the auction date, any owner of record or lienholder of record may reclaim the motor vehicle upon the payment of the fines, fees and costs assessed against the said motor vehicle, as set forth in the notice and as may be incurred thereafter. In the event that a vehicle scheduled to be auctioned on a specific date scheduled in accordance with the procedure set forth herein is not auctioned on that date, the said vehicle may be auctioned on a subsequent date provided, however, that the City of Philadelphia and/or the Parking Authority shall, in rescheduling the auction date, provide notice as set forth herein in sections 1 and 4, and shall otherwise comply with the within President Judge General Court Regulation.
5. List of Successful Bidders. At the auction, the City of Philadelphia and/or Parking Authority, and/or its authorized agent shall maintain a list of the successful bidders. The said list shall be submitted to the Court within thirty (30) days after the auction so that an Order may be entered, if necessary, directing the Department of Transportation to extinguish title of the prior owners or lienholders of record and to issue certificates of ownership to the successful bidders. The Order shall be substantially in the form set forth hereunder as Exhibit ''G''.
6. Disposition of Proceeds of the Auction. The proceeds from the sale shall be used to satisfy the towing and storage charges, parking and related tickets, if applicable, and costs related to this matter including filing fees, advertising and auction costs. The net proceeds, if any, shall be subject to the demands of the original owner of record and/or lienholder of record, as their interest may appear. If not claimed within one (1) year, any such funds shall be forfeited to the City of Philadelphia.
This General Court Regulation is issued in accordance with Phila. Civ. R. No. *51 and Pa. R.C.P. No. 239 and shall become effective immediately. As required by Pa. R.C.P. No. 239, the original General Court Regulation shall be filed with the Prothonotary in a Docket maintained for General Court Regulations issued by the President Judge of the Court of Common Pleas of Philadelphia County, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedure Rules Committee. Copies of the Order shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library, and the law library for the First Judicial District.
ALEX BONAVITACOLA,
President JudgePHILADELPHIA PARKING AUTHORITY
501 N. COLUMBUS BLVD., PHILADELPHIA, PA
NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE[Last Known Registered Owner's Name][Date]
[Address]
[City, State, Zip]Dear [Last Known Registered Owner]:
The Philadelphia Parking Authority is informing you that on [date of tow], the following vehicle, registered in your name, was impounded for violation(s) of the Philadelphia Traffic Code:
Vehicle Year: State and Tag Displayed: Vehicle Make: Vehicle Identification Number: Vehicle Color: PPA Control Number: To recover this vehicle, you will be required to pay all outstanding parking tickets issued to this vehicle. In addition, you are liable for a towing fee of $75.00 and a storage charge of $5.75 per day for the first five (5) days and $17.25 per day thereafter.
You may reclaim this vehicle by bringing proof of ownership, along with payment of the applicable towing and storage fees and ticket fines, to either:
Parking Violations Branch Hours: 913 Filbert Street M/T/Th/Fri 9:00 a.m.--7:00 p.m. Philadelphia, PA 19107 Wednesday 8:00 a.m.--8:00 p.m. (215) 561-3636 Saturday 9:00 a.m.--1:00 p.m. Or Philadelphia Parking Authority Hours: Impoundment Lot # 1 M--W 8:00 a.m.--9:00 p.m. Columbus Blvd. & Noble St. Th--Sat 8:00 a.m.--2:00 a.m. Philadelphia, PA 19123 Sunday 7:00 p.m.--2:00 a.m. (215) 923-5642 You are entitled to an administrative hearing as described in Chapter 2800 of the Philadelphia Code. You may do this by appearing at the Bureau of Administrative Adjudication, 909 Filbert Street, Philadelphia, PA 19107. Hours are Monday through Friday--9:00 a.m. to 7:00 p.m., Saturdays--9:00 a.m. to 12:00 a.m.
Pursuant to Title 12, Section 2406, if this vehicle is not reclaimed within fifteen (15) days of the issuance of this notice, the Philadelphia Parking Authority will petition the Philadelphia Court of Common Pleas to sell this vehicle at public auction. A petition to sell this vehicle will be filed with the Court requesting leave to sell this vehicle at public auction on ______at ____ a.m./p.m. at the following location: Philadelphia Parking Authority Lot # 2, 2535 South Swanson Street, Philadelphia, PA 19148. If you have any questions, please call 923-5642.
THIS IS YOUR FINAL NOTICE. IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL VEST TO THE SUCCESSFUL BIDDER.
Sincerely,
Frank Ragozzino, Manager
Towing and ImpoundmentEXHIBIT ''A''
PHILADELPHIA PARKING AUTHORITY
501 N. COLUMBUS BLVD., PHILADELPHIA, PA
NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE
LEINHOLDER NOTIFICATION[Leinholder's Name][Date]
[Address]
[City, State, Zip]Dear [Last Known Registered Owner]:
The Philadelphia Parking Authority is hereby informing you that on [date of tow], the following vehicle, which your company is the leinholder, has been impounded for violation(s) of the Philadelphia Traffic Code: The registered owner of this vehicle is: [name, address, zip].
Vehicle Year: State and Tag Displayed: Vehicle Make: Vehicle Identification Number: Vehicle Color: PPA Control Number: To recover this vehicle, you will be required to pay all outstanding parking tickets issued to this vehicle. In addition, you are liable for a towing fee of $75.00 and a storage charge of $5.75 per day for the first five (5) days and $17.25 per day thereafter.
You may reclaim this vehicle by bringing proof of ownership, along with payment of the applicable towing and storage fees and ticket fines, to either:
Parking Violations Branch Hours: 913 Filbert Street M/T/Th/Fri 9:00 a.m.--7:00 p.m. Philadelphia, PA 19107 Wednesday 8:00 a.m.--8:00 p.m. (215) 561-3636 Saturday 9:00 a.m.--1:00 p.m. Or Philadelphia Parking Authority Hours: Impoundment Lot # 1 M--W 8:00 a.m.--9:00 p.m. Columbus Blvd. & Noble St. Th--Sat 8:00 a.m.--2:00 a.m. Philadelphia, PA 19123 Sunday 7:00 p.m.--2:00 a.m. (215) 923-5642 You are entitled to an administrative hearing as described in Chapter 2800 of the Philadelphia Code. You may do this by appearing at the Bureau of Administrative Adjudication, 909 Filbert Street, Philadelphia, PA 19107. Hours are Monday through Friday--9:00 a.m. to 7:00 p.m., Saturdays--9:00 a.m. to 12:00 noon.
Pursuant to Title 12, Section 2406, if this vehicle is not reclaimed within fifteen (15) days of the issuance of this notice, the Philadelphia Parking Authority will petition the Philadelphia Court of Common Pleas to sell this vehicle at public auction. A petition to sell this vehicle will be filed with the Court requesting leave to sell this vehicle at public auction on ______at ____ a.m./p.m. at the following location: Philadelphia Parking Authority Lot # 2, 2535 South Swanson Street, Philadelphia, PA 19148. If you have any questions, please call 923-5642.
THIS IS YOUR FINAL NOTICE. IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL VEST TO THE SUCCESSFUL BIDDER.
Sincerely,
Frank Ragozzino, Manager
Towing and Impoundmentcc: [Registered Owner of Vehicle]
EXHIBIT ''B''
PHILADELPHIA POLICE DEPARTMENT
NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE
(NON-CRIMINAL INVESTIGATION)[Last Known Registered Owner's Name][Date]
[Address]
[City, State, Zip]Dear [Last Known Registered Owner]:
The Philadelphia Police Department is informing you that on [date of tow], the following vehicle, registered in your name, was impounded for violations of the Philadelphia Traffic Code. Your vehicle is stored at the Police Department Impoundment Lot, 7992 Penrose Ferry Road, Philadelphia, PA.
Vehicle Year: State and Tag Displayed: Vehicle Make: Vehicle Identification Number: Vehicle Color: Police Stock Number: To recover this vehicle, you will be required to pay all outstanding parking tickets issued to this vehicle. In addition, you are liable for a towing fee of $75.00 and a storage charge of $5.75 per day for the first five (5) days and $17.25 per day thereafter.
You may reclaim this vehicle by bringing proof of ownership, along with payment of the applicable towing and storage fees and ticket fines, to:
Parking Violations Branch Hours: 913 Filbert Street M/T/Th/Fri 9:00 a.m.--7:00 p.m. Philadelphia, PA 19107 Wednesday 8:00 a.m.--8:00 p.m. (215) 561-3636 Saturday 9:00 a.m.--1:00 p.m. Or Philadelphia Parking Authority Hours: Impoundment Lot # 1 M--W 8:00 a.m.--9:00 p.m. Columbus Blvd. & Noble St. Th--Sat 8:00 a.m.--2:00 p.m. Philadelphia, PA 19123 Sunday 7:00 p.m.--2:00 a.m. You are entitled to an administrative hearing as described in Chapter 2800 of the Philadelphia Code. You may do this by appearing at the Bureau of Administrative Adjudication, 909 Filbert Street, Philadelphia, PA 19107. The hours are Monday through Friday--9:00 a.m. to 5:00 p.m., Saturdays--9:00 a.m. to 12:00 noon.
Pursuant to Title 12, Section 2406, if this vehicle is not reclaimed within fifteen (15) days of the issuance of this notice, the Philadelphia Police Department will petition the Philadelphia Court of Common Pleas to sell this vehicle at public auction. A petition to sell this vehicle will be filed with the Court requesting leave to sell this vehicle at public auction on ______at ____ a.m./p.m. at the following location: Philadelphia Parking Authority Lot # 2, 2535 South Swanson Street, Philadelphia, PA 19148. If you have any questions, please call 685-4151.
THIS IS YOUR FINAL NOTICE. IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL VEST TO THE SUCCESSFUL BIDDER.
Sincerely,
Lt. Patrick Moran
Commanding Officer
Police Impoundment FacilityEXHIBIT ''C''
PHILADELPHIA POLICE DEPARTMENT
NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE
(CRIMINAL INVESTIGATION)[Last Known Registered Owner's Name][Date]
[Address]
[City, State, Zip]Dear [Last Known Registered Owner]:
The Philadelphia Police Department is informing you that the following vehicle, registered in your name, can now be reclaimed from the Police Impoundment Lot, 7992 Penrose Ferry Road, Philadelphia, PA.
Vehicle Year: State and Tag Displayed: Vehicle Make: Vehicle Identification Number: Vehicle Color: Police Stock Number: Pursuant to City Ordinance 12-2406.1(2), the Police Department will assess towing and storage charges if the above vehicle is not reclaimed within twenty-four (24) hours of this notice. The towing fee is $75.00 and storage fees are $5.75 per day for the first five (5) days and $17.25 per day thereafter. No vehicle accruing towing and storage fees will be released until such fees are satisfied. In the event that towing and storage fees accrue, you may contest these charges by requesting an expedited hearing pursuant to City Ordinance 12-2406(1) and 12-2406.1(4).
You may reclaim this vehicle by bringing proof of ownership, along with payment of the applicable towing and storage fees and/or ticket fines, if any, to either:
Parking Violations Branch Hours: 913 Filbert Street M/T/Th/Fri 9:00 a.m.--7:00 p.m. Philadelphia, PA 19107 Wednesday 8:00 a.m.--8:00 p.m. (215) 561-3636 Saturday 9:00 a.m.--1:00 p.m. Or Philadelphia Parking Authority Hours: Impoundment Lot # 1 M--W 8:00 a.m.--9:00 p.m. Columbus Blvd. & Noble St. Th--Sat 8:00 a.m.--2:00 p.m. Philadelphia, PA 19123 Sunday 7:00 p.m.--2:00 a.m. You are entitled to an administrative hearing as described in Chapter 2800 of the Philadelphia Code. You may do this by appearing at the Bureau of Administrative Adjudication, 909 Filbert Street, Philadelphia, PA 19107. The hours are Monday through Friday--9:00 a.m. to 5:00 p.m., Saturdays--9:00 a.m. to 12:00 noon.
Pursuant to Title 12, Section 2406, if this vehicle is not reclaimed within fifteen (15) days of the issuance of this notice, the Philadelphia Police Department will petition the Philadelphia Court of Common Pleas to sell this vehicle at public auction. A petition to sell this vehicle will be filed with the Court requesting leave to sell this vehicle at public auction on ______at ____ a.m./p.m. at the following location: Philadelphia Parking Authority Lot # 2, 2535 South Swanson Street, Philadelphia, PA 19148. If you have any questions, please call 685-4151.
THIS IS YOUR FINAL NOTICE. IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL VEST TO THE SUCCESSFUL BIDDER.
Sincerely,
Lt. Patrick Moran
Commanding Officer
Police Impoundment FacilityEXHIBIT ''D''
PHILADELPHIA POLICE DEPARTMENT
7992 PENROSE FERRY ROAD, PHILADELPHIA, PA
NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE
LEINHOLDER NOTIFICATION[Leinholder's Name][Date]
[Address]
[City, State, Zip]Dear [Last Known Registered Owner]:
The Philadelphia Police Department is hereby informing you that on [date of tow], the following vehicle, which your company is the leinholder, has been impounded for violation(s) of the Philadelphia Traffic Code: The registered owner of this vehicle is: [name, address, zip].
Vehicle Year: State and Tag Displayed: Vehicle Make: Vehicle Identification Number: Vehicle Color: Police Stock Number: To recover this vehicle, you will be required to pay all outstanding parking tickets issued to this vehicle. In addition, you are liable for a towing fee of $75.00 and a storage charge of $5.75 per day for the first five (5) days and $17.25 per day thereafter.
You may reclaim this vehicle by bringing proof of ownership, along with payment of the applicable towing and storage fees and ticket fines, to either:
Parking Violations Branch Hours: 913 Filbert Street M/T/Th/Fri 9:00 a.m.--7:00 p.m. Philadelphia, PA 19107 Wednesday 8:00 a.m.--8:00 p.m. (215) 561-3636 Saturday 9:00 a.m.--1:00 p.m. Or Philadelphia Parking Authority Hours: Impoundment Lot # 1 M--W 8:00 a.m.--9:00 p.m. Columbus Blvd. & Noble St. Th--Sat 8:00 a.m.--2:00 a.m. Philadelphia, PA 19123 Sunday 7:00 p.m.--2:00 a.m. (215) 923-5642 You are entitled to an administrative hearing as described in Chapter 2800 of the Philadelphia Code. You may do this by appearing at the Bureau of Administrative Adjudication, 909 Filbert Street, Philadelphia, PA 19107. Hours are Monday through Friday--9:00 a.m. to 7:00 p.m., Saturdays--9:00 a.m. to 12:00 noon.
Pursuant to Title 12, Section 2406, if this vehicle is not reclaimed within fifteen (15) days of the issuance of this notice, the Philadelphia Parking Authority will petition the Philadelphia Court of Common Pleas to sell this vehicle at public auction. A petition to sell this vehicle will be filed with the Court requesting leave to sell this vehicle at public auction on ______at ____ a.m./p.m. at the following location: Philadelphia Parking Authority Lot # 2, 2535 South Swanson Street, Philadelphia, PA 19148. If you have any questions, please call 923-5642.
THIS IS YOUR FINAL NOTICE. IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL VEST TO THE SUCCESSFUL BIDDER.
Sincerely,
cc: [Registered Owner of Vehicle]
Lt. Patrick Moran
Commanding Officer
Police Impoundment Facility
EXHIBIT ''E''
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
CIVIL TRIAL DIVISIONIn RE: : TERM, 19 Petition of City of Philadelphia : By _________________ : Automotive Services Division, : Philadelphia Police Department : : : and : : Philadelphia Parking Authority : by _________________ , : Director, Enforcement : NO: ORDER AND NOW, this day of , 19 , upon Motion of _________________ , Assistant City Solicitor, and/or _________________ , Assistant Counsel, the Court being satisfied that the City of Philadelphia, and/or the Philadelphia Parking Authority, has notified all owners and registered lienholders listed in Exhibit ''A'' by First Class Mail, a copy of the notices being attached to the Petition, and the said owners or lienholders having taken no steps to redeem or reclaim said vehicles or to contest the underlying impoundment or seizure, IT IS HEREBY ORDERED and DECREED that the City of Philadelphia and/or Parking Authority, through its authorized agent, is authorized to sell at public auction the motor vehicles described in said Petition on___________________________ , 19 ____ , at ______a.m./p.m., _________________ , Philadelphia, PA.
Notice of said public auction shall be published once at least five (5) days before the auction in The Legal Intelligencer and either the Philadelphia Inquirer or the Philadelphia Daily News.
Petitioners shall, after the sale, submit to the Court a list setting forth the names of each successful bidder for the entry of an appropriate Order.
IT IS FURTHER ORDERED and DECREED that the net proceeds of said sale, after deducting the amount of towing and storage charges, any parking and related summonses, if applicable, and costs related to this matter, including filing fees, advertising and auction costs, shall be held for one year subject to the demands of the current owners or lienholders of said vehicles. If not claimed within one year, any such funds shall be forfeited to the City of Philadelphia.
BY THE COURT:
_________________
BONAVITACOLA, P. J.EXHIBIT ''F''
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
CIVIL TRIAL DIVISIONIn RE: : TERM, 19 Petition of City of Philadelphia : By _________________ : Automotive Services Division, : Philadelphia Police Department : : : and : : Philadelphia Parking Authority : by _________________ , : Director, Enforcement : NO: ORDER AND NOW, this day of , 19 , the City of Philadelphia and/or Philadelphia Parking Authority having identified in Exhibit ''A'' the purchasers of the impounded or seized motor vehicles offered for sale at public auction pursuant to this Court's Order of ___________________________ , 19 , IT IS HEREBY ORDERED and DECREED that the currently registered owners' and lienholders' legal and equitable interest in those vehicles is hereby extinguished, and the appropriate Department of Transportation shall cancel any certificates of title which were issued prior to this Order to other persons, and shall issue title to said vehicles in the names of those persons identified as purchasers in Exhibit ''A'', upon completion of the proper forms and payment of the required fees.
BY THE COURT:
_________________
BONAVITACOLA, P. J.EXHIBIT ''G''
[Pa.B. Doc. No. 96-891. Filed for public inspection May 31, 1996, 9:00 a.m.]
