§ 1116. Issuance of new certificate following transfer.

357 words·~2 min read·/pa/title-75/chapter-11/1116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Voluntary transfer.-- The department, upon receipt of a properly assigned certificate of title with an application for a new certificate of title, the required fee and any other required documents and articles, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in the certificate or, if none, to the owner.

(b)Involuntary transfer.-- The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, on a form prescribed and furnished by the department together with proper proof satisfactory to the department of the transfer, the required fee and any other required documents and articles, shall issue a new certificate of title in the name of the transferee as owner.

(c)Filing and retention of surrendered certificate.-- The department shall file and retain for five years every surrendered certificate of title, or a copy, in such a manner as to permit the tracing of title of the vehicle.

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Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482(10), as amended April 25, 1979, provided that section 1116(b) shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.

Pennsylvania Rule of Civil Procedure No. 3159(b)(11), adopted April 20, 1998, provided that section 1116 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Cross References. Section 1116 is referred to in section 367 of Title 15 (Corporations and Unincorporated Associations).

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