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Home My WebLink About01-31-06 IN RE: Estate of RICHARD B. HYSER, deceased, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN.YLVAN(A: : ORPHANS COURT BRANCH c, "; : NO. 21 - 05 - 1066 0:,) PETITION FOR RULE TO SHOW CAUSE :' L NOW comes Harold S. Irwin, III, Esquire, attorney for the petitioners, and presents this petition for a rule to show cause, representing as follows: 1. The petitioners are Terri R. Payne and Aaron F. McLaughlin, executors of the Estate of Richard B. Hyser, both residents of Cumberland County, Pennsylvania, but whose address for the purposes of this action is c/o Irwin Law Office, 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Earl F. Hyser, is an adult individual whose residence is 1603 Bensington Court, Normal, Illinois 61761 and who is a child and heir of the decedent, Richard B. Hyser. 3. Richard B. Hyser died on December 6, 2005 and, in accordance with his last will and testament, petitioners were appointed co-executors of his estate on December 8, 2005. 4. In his last will and testament, probated on December 8,2005, decedent bequeathed his 1968 Pontiac GTO to his daughter, one of the petitioners, Terri R. Hyser (now by marriage, Terri R. Payne). 5. An inventory of decedent's possessions did not reveal said vehicle and eventually it was learned that the vehicle is in the possession of respondent, Earl F. Hyser, who now claims that the vehicle was transferred to him by the decedent subsequent to the execution of the last will and testament. 6. At an interview with the attorney for the estate, respondent was requested to provide the estate with evidence of the transfer of ownership of this vehicle from the decedent to respondent subsequent to the execution of decedent's will. 7. In response to that request, respondent provided a photocopy of what he claims is the certificate of title for this vehicle. A copy of the document that respondent provided is incorporated herein by reference and attached hereto as Exhibit "A". 8. Though respondent indicated a series of ownership of this vehicle culminating in its transfer to him, the title he provided indicates that it is an original title. Moreover, said title is stamped "VOID" in a number of places and gives the appearance of having been altered. 9. After reviewing this "document", petitioners contacted the Pennsylvania Bureau of Motor Vehicles in an effort to determine whether any record of its ownership exists in the records of Pennsylvania. 10. Upon doing so, they received the owner information incorporated here and attached hereto as Exhibit "B", which clearly indicates that the owner of this vehicle, VIN #2426788129272 remains Richard B. Hyser. 11. The attorney for the estate then provided respondent with a copy of this document, further indicating that the document attached as Exhibit "A" herein does not adequately document his ownership of the vehicle and requesting that respondent send or bring to Pennsylvania proper proof of ownership. A copy of the letter to respondent is incorporated herein by reference and attached hereto as Exhibit "C". 12. Respondent has not responded to that letter, nor has he provided adequate proof of his ownership of the vehicle. WHEREFORE, petitioners request your Honorable Court to enter a rule upon the respondent to show cause why respondent should not be compelled to return to the executors the 1969 Pontiac (VIN #2426788129272) described herein or otherwise make it available for pick up to be returned to the estate. HAROLD S. IRWIN, III Attorney for petitioners January JJl., 2006 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I am one of the petitioners herein and I certify that the facts contained herein are 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 unsworn falsification to authorities. January .::.30, 2006 ~ ------ --. -""""'", \, C________.____.----'1- . -' ~- TERRI R. PAYNE, Petitioner U..L/Uq/UU nnv Utl;()D rfl.A .lUtl /D.l .lO/() i:lr. I';ni:lnfl.I';vn Lfl.D l!!:J UU.l .. Federal.n<l SIBb> I... requires !llal you s1a1. the mil.silO in coonectian with !he lransI.r 01 ownor:;hjp. Failu," ID COOlple\e or providing. falSe S1BlJimenl may """'~ in ~1\eS llndIo, imprisoomenl. The undersigned h~teby eertl6e5 U1al !he vehil;1e de.scnbed in this 1f1Iv II fme and dear 01 a.llIiG>rw:, except as no1ed. and hlS.S been \rarmferred 10 lhe following printed 1\l!Im& and 8d<1~. I- Z W :i:>- Z-1 CJZ -0 UJa: UJw <(-1 W<t a:W ~O a: u:: Name ot pun;h.aS8r '_ . S~ee' ........ . ..'.. :.':; Cfty ;....""r1ity 10 1tle best of my knowledgo 'hat the odomato"loading 1$ \l1e lJdlJaJ ~U"age of Ihl> \iehlde ,ur1less ~,bl'\l1e following stataments is checked; p-r ~ 0 1. The rl1ileag<l~" .; ~s. Ot~ mecl1a1ili:ai rmils. TENTHS 0 2. The <ldometar 'lelidi(1g i& ;,ollheaeWill mi~,WARNING - ODOMETER DISCREPANCY, Stale Zip ODOMETER READING I~~.r I tt: 01 OeaJe(g f'olame .~ A~aol'.s Signature I am awa,e 01 the above odometer cerllficaijon made by tile seller/agent. Printed Name (s""", as signatu..) ~_e.urideJ1;lgned heflJby oertlfles that Ih:& vehicle described.~ this tine Js true ~ cleat of alll,nt, BlCCept F'~I:ed:; .,-.cI has bUI\ ~r\!!!hmed ID 1M fcll~'_~IQd ~ and ~~. 1 .I F,,', ,\,' ',: ,: " , ". itk~ :4~r~oi;ny krRJW~ Ulal U~e oooma'a, reading ~~.aowaJ ~1~~:ifu,uehiClil~ ~"" o!lhefoU"wlng sla~l~i~;eck~~/"iS%". ,~ ," OOOMETER READING ~,' . B,i~~;~e~te'~'~~ri:~=a~::=:9ri~~N'NG!' oDoJ~i~ DISCR:~~~~~) , I ~::: 0' ,. t,[5;4i; I Signature Of! Buyer/Agen' Ptinled Name (Mme .:lS 9.igna\ura) ':,'" !.:',.r~;:;;:. ~i"I,'::,:i;i~'~~' 'f~("; .; t ';:'~~\;.Ifl "l,i.' ) I ;, - Agent's. SlgJ1S1ure I iam aware ollhe above odomaier certlffcatlon made by Ule " .' " .:,~~1-' . '..'.",: OWNER lNFORMA TION ------------------------------------------- HYSER,RICHARD B 457 OAK FLAT ROAD NEWVILLE , PA. 17241 COUNTY = CUMBERLAND VEHICLE INFORMATION ------------------------------ LIC: EXPIRES: 00-00. VMA: PONTIAC . VYR: 1969. VST: CONV. VIN: 2426788129272 TLN: 49688903. REG GR WT: . COMB GR WT: LICENSE STATUS ------------------------------- SUSPENSION/REVOCATION: NO TYPE CODE: A = RETURN CHECK, C = CAT FUND STOP F = INSURANCE CANCELLATION, I = REVOCATION. HAROLD S. IRWIN, III IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 A ~.s- RHONDA S. IRWIN SARAH HARDESTY PARALEGALS www.irwinlawoffice.com e-mail: irwinlaw@earthlink.net 717-243-6090 PHONE 717-243-9200 FACSIMILE January 20,2006 EARL F HYSER 1603 BENSINGTON CT NORMAL IL 61761 RE: Estate of Richard B. Hyser 1969 Pontiac VIN#2426788129272 Dear Duke: Thank you for sending me what you stated is a copy of the title for this vehicle. Unfortunately, this will not adequately satisfy our request that you document your ownership. We have checked the records of the Pennsylvania Bureau of Motor Vehicles, which indicate that your father is still listed as the record owner of this vehicle. A copy of that VIN number search is attached. Furthermore, frankly, the copy of the title you sent does not appear to be authentic - for one thing, the word VOID is stamped all over it. In short, without adequate documentation that this vehicle was transferred by your father to you we must request that the vehicle be returned to the estate. I must say that when you came to Pennsylvania last month, it was clear that you were going to have to demonstrate your ownership of the car. If you have good title to the car, that was the time to bring it with you. If you have it now, I suggest you make plans to bring that title to Pennsylvania. Very truly yours, (C(Q)(P1f Harold S. Irwin, '"