HomeMy WebLinkAbout06-4060
.
GARY G. TROUP,
) IN THE COURT OF
) COMMON PLEAS OF
) CUMBERLAND COUNTY,
) PENNSYLVANIA
)
) NO. Ol.,-40kO
CHRISTOPHER T. CHEATWOOD,)
)
Respondent )
)
)
Petitioner
v.
CIVIL ACTION -
INVOLUNTARY
TRANSFER OF MOTOR
VEHICLE TITLE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against
you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249 - 3166
Date: July 18, 2006
BY. ~ ~ ~ L./" -~"' '---
~a J anelli-Greer, Esquire
PA. I.D. No. 56704
P.O. Box C
2806 Sunset Court
Grantham, Pennsylvania 17027
(717)790-0744 Phone No.
(717)790-0233 Fax No.
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 0I.-4"<'D
GARY G. TROUP, Petitioner
v.
CHRISTOPHER T. CHEATWOOD, Respondent
PETITION FOR INVOLUNTARY TRANSFER OF OWNERSHIP OF
A VEHICLE
TO THE HONORABLE, THE JUDGES OF THE COURT OF
COMMON PLEAS, CUMBERLAND COUNTY:
Gary G. Troup, Plaintiff/Petitioner, by and through his counsel,
Lisa Jo Fanelli-Greer, Esquire, hereby files this Petition for
Involuntary Transfer of Ownership of a Vehicle by Court Order in
accordance with procedures required by the Pennsylvania
Department of Transportation, respectfully stating as follows:
1. Plaintiff/Petitioner is Gary G. Troup, an adult individual, with
an address of 1000 Good Hope Road, Mechanicsburg,
Pennsylvania 17050.
2. Defendant/Respondent Christopher T. Cheatwood is an
adult individual with a last known address of 612 N. Harrison
Avenue, Blanchard, Oklahoma 73010.
3. On February 3,2004, Plaintiff/Petitioner purchased a 1950
Ford F-2 truck, vin number: 98RD490905, on E-Bay from
Defendant/Respondent Christopher T. Cheatwood. A copy
of the Bill of Sale is attached as Exhibit A.
4. Defendant/Respondent at all times acted as the owner of the
vehicle.
5. Defendant/Respondent upon transfer of the vehicle;
however, did not provide Plaintiff/Petitioner with title to the
vehicle.
6. According to an e-mail from Defendant/Respondent to
Plaintiff/Petitioner, Defendant/Respondent allegedly did not
have the title to the vehicle to give to Plaintiff/Petitioner
because the title allegedly got burned when the previous
2
owner's house burned down. A copy of the e-mail is
attached as Exhibit B.
7. To date, Plaintiff/Petitioner has never obtained title to the
aforementioned vehicle in question.
8. On March 11, 2005, Plaintiff/Petitioner contacted the
Oklahoma Tax Commission/Motor Vehicle Division and
processed a Vehicle Information Request with their office. A
copy of this Vehicle Information Request is attached as
Exhibit C.
9. Through this request the last known owner of the
aforementioned vehicle according to the Oklahoma Motor
Vehicle Division's records was Joel McCracken, with a last
known address of RR5 Box 747, Blanchard, Oklahoma
73010. A copy of this printout from the Oklahoma Motor
Vehicle Division is attached as Exhibit D.
10. According to the Motor Vehicle Division's records, the
aforementioned vehicle was transferred to Mr. McCracken
on May 7, 1998. See Exhibit D.
11. No further information was available from the Motor Vehicle
Division's records.
3
12. On June 7,2004, Plaintiff/Petitioner commenced an action
in Magisterial District Court No. 09-3-04, Magisterial District
Justice Thomas A. Placey, presiding, regarding
DefendanURespondent's violation of the Pennsylvania
Unfair Trade Practice Act and violation of the Consumer
Protection Law. A copy of the Civil Complaint is attached as
Exhibit E.
13. Service of Process was attempted to be made on
DefendanURespondent; however DefendanURespondent's
whereabouts were not able to be located for service.
14. According to the affidavit of Regina Wright, the address
given for DefendanURespondent Christopher T. Cheatwood
of 612 Harrison Avenue, Blanchard, Oklahoma 73010 was
no longer a valid address. A copy of the affidavit of Regina
Wright is attached as Exhibit F.
15. The aforementioned vehicle in question has been in
Plaintiff/Petitioner's possession since February 18, 2004, the
approximate delivery date of the vehicle from
DefendanURespondent to Plaintiff/Petitioner through
4
Dependable Auto Shippers. A copy of the order from
Dependable Auto Shippers is attached as Exhibit G.
16. Plaintiff/Petitioner desires to obtain title to the above-
described vehicle so as to allow Plaintiff/Petitioner to restore
and drive said vehicle.
17. In order to obtain title to the above-described vehicle,
Plaintiff/Petitioner is required to commence the instant
action, obtain a hearing date, attempt to communicate the
hearing date to Defendant/Respondent by certified mail
and/or public notice, attempt to communicate the hearing
date to the alleged last known owner of the vehicle, Joel
McCracken by certified mail and/or public notice, and obtain
an Order of Court following the hearing, all in accordance
with rules and regulations promulgated by the Pennsylvania
Department of Transportation. A copy of the requirements
issued by the Pennsylvania Department of Transportation
are attached hereto as Exhibit H.
5
WHEREFORE, Plaintiff/Petitioner, Gary G. Troup, respectfully
requests that this Honorable Court:
(1) Schedule a hearing date at least sixty (60) days after
receipt of the instant action so as to allow
Plaintiff/Petitioner, Gary G. Troup, to properly
complete all required notice provisions for
advertisement to Defendant/Respondent and Joel
McCracken; and
(2) After such hearing, enter an Order of Court indicating
that the Commonwealth of Pennsylvania, Department
of Transportation may accept the Order of Court as
evidence of ownership in lieu of a Certificate of Title,
provided Plaintiff/Petitioner submits all forms, taxes,
and fees in order to receive the appropriate certificate
of title for said vehicle.
6
(3) Any other relief deemed just and equitable.
Date=Yf If'
Respectfully submitted,
B .
LI
Atto ey LD. No. 56704
Law Office of Lisa Jo Fanelli-Greer
P.O. Box C 2806 Sunset Court
Grantham,PA 17027
(717) 790-0744 (te1e)
(717) 802-0922 (te1e)
(717) 790-0233 (fax)
(Counsel for Petitioner Gary G.
Troup)
,2006
7
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EXHIBIT A
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EXHIBIT B
'From: "Chris c" <classiccarluverI982@hotmail.com>
To: gtroupl000@email.com
CC:
Subject: RE: Truck
Date: Fri, 28 May 2004 01:02:41 +0000
sorry i was trying to call i left a couple of messages, but i guess
you
didn't get them.
I do own the truck. I took it for some money this guy owed me and i
thought
he had the title but it got burned when his house got burned down. I
do know
for a fact it was his truck i went and spent a week at the ta90ffice
to get
all of the ownership information because it was not in there system.
I have
it all ready but i didn't have $250.00 to get it taken care of, but i
will
next week and i get it and to you. I swear there has been no scam at
all
just a lack of money to get this taken care of.
>From: "Gary Troup. <qtrouplOOO@email.com>
>To: "Chris C" <classiccarluver1982@hotmail.com>
>Subject: RE: Truck
>Date: Mon, 03 May 2004 12:48:40 -0500
>
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.t'age 1 or 1.
EXHIBIT C
I.
VEHICLE INFORMATION REQUEST FORM PROCESSING
Completed request forms for current vehicle ownershlplllenholder Infonnatlon may be returned to any motor license agency or to
the Oklahoma Tax Commission Motor Vehicie Division.
Completed request forms for title histories or lien releases must be returned to the Oklahoma Tax
Commission Motor Vehicle Division.
A separate request form Is to be completed for each vehicle on which information is desired.
All requests should Include proper remittance (see fee schedule below), made payable to the Oklahoma Tax Commission. A fee is
assessed for each vehicle on which information is furnished.
Oklahoma Tax Commission Mailing Address:
Oklahoma Tax Commission
Motor Vehicle Division
2501 North lincoln Boulevard
Oklahoma City, OK 73194
Telephone (procedural Inquiries only). Vehicle Information may not be released by phone.
FEE
$1.00
o
$5.00
o
In-state toll free: 1 (800) 522-8165, extension 1-3770
Direct: (405) 521-3770
AVAILABLE DOCUMENTATION AND FEE SCHEDULE
CHECK THE BOX NEXT TO THE DOCUMENTATION TYPE(S) YOU WISH TO OBTAIN
TYPE DESCRiPTION
CURRENT OWNERSHIP! Current ownership lienholder Information, in the form of a current Motor
LIENHOLDER INFORMATION Vehicle Division computer screen printout
COMPUTER GENERATED
nnE HISTORY
A summary of title transaclions on the vehicle since 1992, listing
ownership and lien Information and registration Information reflected at
the time of each title transaction
$7.50
o
MICROFILM TInE HISTORY
Copies of all applicable title transactions and supporting documentation,
including lien releases, contained in MVD microfilm files
I need a tItle history for the purpose of:
(i.e. research odometer discrepancy; to determine owner at B certain point in time; etc.)
$7.50
o
COPY OF LIEN RELEASE
Copy of lien release contained in MVD microfilm file
Name of Lienholder:
$10.00
o
'CERTIFlED
COPY OF LIEN RElEAsE
Name of LIenholder:
Certified copy of lien release contained in MVD microfilm files
$10.00
~
"CERTIFIED Certified copies of all applicable title transactions and supporting
TITLE HISTORY documentation, including lien releases, contained in MVD microfilm
files
I need a title hIstory for the purpose of: drkrm ; nl' Dwner / m pure Yla.Q,L +'-fj <:.
(i.e. research odometer discrepancy; to detennine owner at a certain point in time; etc.)
.Certified copies are generally required only for certain legal proceedings
Please note, when requesting title histories, we ask thet you designete the purpose for your request. Thet is to allow our research staff
to focus on those documents thet relate to your request end eliminete unnecessary research lime and documentation.
~+ V~hcot.
769
Revised 1-2004
(One form per each vehicle)
OKLAHOMA TAX COMMISSION
MOTOR VEHICLE DIVISION
VEHICLE INFORMATION REQUEST
Date: 8-/1-05
I hereby request ownership/lienholder information on the following vehicle:
q ~ RlLA-qOqOs
Year:-.-J q SO Make: Ford
'VIN:
"License Plate:
NA,
Title Number:
*=At least one (1) of these Items Is required to access record,
CHECK 1HE FOLLOWING APPUCABLE STATEMENT:
D I am the current owner. (If not the record owner, attach proof of purchase.)
D I am requesting the Information on behalf of the current owner. (Written authorization from record owner Is required.)
D I represent a licensed wrecker/towing service identified below and the Information will only be used to notify owners of
towed or impounded vehicles. Department of Public Safety Wreckerrrowing service license number:
Vehicle Type:
'Registration Decal:
Truck..
(I.E.: Car, Truck, Trailer, Etc.)
D The information Is to be used by a legitimate business identified below or its agents, employees or contractors for use in
the normal course of business only:
A To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or
B. If such Information as submitted is not correct, or no longer correct, to obtain the correct information for
the sole purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security
interest against, the Individual.
)i. The information is to be used in conjunction wnh a civil, criminal, administrative, or arbltrel proceeding In a federal, state, or
local court or agency or before any self regulating body, including service of process invesllgation In anticipation of litigation
and the execution or enforcement of a judgement or order, or pursuant to an order of any court.
D The information Is to be used by an Insurer or insurance support organization Identified below, or by a self Insured entity or
its agents, employees, or contractors in connection with claims Investigation activities, antifraud activities, rating or
underwriting.
D I represent a licensed private investigative agency or licensed security service identified below and the information will be
utilized for one of the above listed purposes.
D I represent a governmental court or law enforcement agency identified below and the Information is to be utilized in carrying
out Its official function
Insurance Information Release:
D I represent a law enforcement agency Identified below and insurence Information Is required in the investigation of an
aCCident pursuant to the provisions of OS Title 47 ~ 10-104.
I understand the information being provided Is confidential under Federal and State law and is being released to me only for
the reason I have indicated above and is to be released to no other entity.
Signature: ~A ;('---6 Printed Nemeoflndividual: GQry G .Trouo
(Requ/redV ~ (Required) r
Representing (print name of company wrecker/towing service or governmental court or law enforcement agency), if
applicable:
Address: JOCO 600d!::k:lpe R("Y',rI_ City:~ State; 'PA
ZIP Code:DOSO
(See reverse side for processing information and fee schedule.)
EXHIBIT D
VIN: 98RD490905
TTL: 0819582
TTLTYPE; TRANSFER
TTLDATE: 05071998
HLD STA: NO NCIC STA:
SOLD DT: 12181950 MAILSTAT:
SALV DT: 00000000 SALV CD :
TTLAGNT: 5599 SRCE DOC:
EXC TAX: 8.00 DLR FLAG:
TTLRCPT: 981275528A1143
CUR DEC: NO DECAL CLASS: AU
CUR TAG: NO TAG VEHYR: 1950
MAKE : FORD
MODEL: F2
BODY : PK
UNLAD:
LADEN,
YREG ,
FOP:
TOP:
DOOM:
EXEMPT
TTL R/S: 81730303432
REGAGNT:
REGDATE:
EXPDATE:
NOTIFY
FEE:
PEN:
TOT:
RFND
XFER
5599
00000000
o
~OOOOO
0.00
0.00
0.00
OT: 00000000
REC:
STOP FLG:
*MST*
00000
:
REG
VCO:
SFX:
STAT:
LESSEE:
0 NAME: JOEL MCCRACKEN -....
I
AilOR: RR 5 BOX 747
AD+ CITY CNTY ST ZIP
BLANCHARD 35 OK 73010
o
o
00
1393.00
1393.00
* BRAND CNT *
ACTIVE: 0
REGRCPT:
SPCL: SCHL:
XMPT: MAIL:
LSM : MFGH:
SEAT: 0 RENT: N
AXLE: 0 LIAB:
TR UHL: 0 AGSU:
FEE SUo RPL TAG:
PURCH PRICE: 0.00
TAX VALUE: 0.00
ASGN DATE: 05061998
PID: P377
** LIENDATA **
ACTIVE : 0
RELEASE: 0
** SYS DATA **
UPDT: 04092004
UPTM:
AGNT: 5399
OPER: VL4
TERM: 1095
TRAN: MVMM
** ACCESS **
MISC DATA
LI ENS
TTL HIST
MVAZ XFER
DT: 03/24/2005
TM: 10: 57: 46
EXHIBIT E
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
CIVIL COMPLAINT
. 1Il1lg1_rtal District Numbtir.
09-3-04
........ J..-co......: Ho...... A'
l:nomas . Placey
-..: 104 South:Sparting mil'Road
Mechanicsburg, 'PA. 1"7050
T.....hono: en) 76.1-1)230
PLAINTIFF: NAME on. ADDRESS
I GARY 'G. TROUP
100l> 'GOOD HOPE :ROM)
MECHANICSBURG, PA 17050
I
L
VS.
--.l
Ql-()'3II,'i)
(; . ... (..b .......
C,v'".' v ..~ .
DEFENDANT: NAME.... ADDREss
r
CmusTOPH)!:R 'T. CHEA'IWOOD
612,m>RTIi HARRISON AVENUE
BLANCHARD, OKLAHOMA 73010
L
I
--.J
Docket No.: c.v- 3S~ -01-
Data Flied: " 11/ O't
.
FILING COSTS
POSTAGE
SERVICE COSTS
CONSTABLE EO.
TOTAL .
AMOUNT
$ 10<;').'>0
$ 5. blJ
$
$
$ II~.{,O
DATE PAID
/ /
/ i
/ /
/ /
.(P/1/01
TO THE DEFENDANT: The above named plalntlff(s) asks Judgment against you for S 8 _ nnn nn together with costs
.. .' upon the follOwIng clal~ (CMI fines must Include citation of the ststute or ordinance vtolatsd):
Plaintiff pur.chased' a.'1950. Fi:Jrd ,P.:f..ck.:-up"truck frol!l.Defendant through E-Bay. The
Defendant. material)).,y. 'udsrepresented..:the'.cond1tiDn of the 'vehicle. . The Defendant has
failedtod~liver. $he t41e <foz,>thev$-1cle 'to.':--Plaintif;j: as promised. In its condition
and without a. tit:/.e. .thev'ehicl~':i.S nearlYl(Ol;thless.. : Defendant violated. the Pa. Unfair Trade
Practices .and. Consumer '.Protection. 'Law~.
I, Gary G. Troup verify that the facts set forth In this complaint are true and correct to the
best of my knowledge, Infonnatlon, and belief. This ststement Is made subject to the penalties of-Section 4904 of the Crimes
Code (18 PA. C.S. 54904) related to unsworn falsification to authorities.
Philip H. Spare .
Plaintiffs SNE" BAKER . BRENNEMAN & SPARE 'p 'C',: .
Attorney: I.t " .. ... ".
Telephone: ( 717) 697-8528
~~
~tu~ nttII' or AuthOrized Agent)
Address:' 44 '.West Main Street.
Mechanicsbul;g, PA 17055
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. ,UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to
assert at the hearing, you must file It on a complaint format this office at least five (5) days before the
date set for' the hearing. .
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
DIstrict Court and Its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 30SA-03
EXHIBIT F
.2004
LS0481289
Not Found Affidavit
Origin: CUMBERLAND COUNTY, PA
Case Number:
CV 0000338 04
Plalntlffnn Re:
GARY G. TROUP
Defendant(s): CHRISTOPHER T. CHEATWOOD
I,
Gina Wright
. being duly sworn, eertify that I received the foregoing, to wit:
Civil Action Hearing Notice
Civil Action Hearing Notice
Civil Complaint
Notice Of Continuance
For service upon: CHRIS'l'OPHER !l'. CBEA!l'WOOD
That after due diligence and effort, I WAS NOT able to served the above named with said documents
at 612 N. HARRISON AVE., BLANCHARD, OK 73010
residential address Cl business I employment address.
which is identified as a
Said process WAS NOT SERVED on the above named individual I enity for the reason(s) stated:
Cl A voiding/Evading Service Cl Unl<D~ At Address Cl No Such Address Cl Not At Home
Cl Moved I Left No Forwardin~Unable To Locate For Service Cl Service Canceled
Cl No Longer Employed at Business Given Cl Service Time Expired
;)i OTHER INFORMATION:
Address Given For Service Is No Longer A Valid Address - Vacant. Client Unable To Provide Current
Address To Serve. Unable To Locate For Service After A Due And Diligent Search Effort.
SU~r1be~Om to before me this ~ day
of 1'1 2004.
r.tu.W~
---------Notan-Pablk -----------
f Itii'J..'i1;, CARLA J. HORTON I
! 1 YS~:~I' \ (S" . -Pl<lat,oma County i
:\ >.:,;;;;.1 ~iryPGbllcrnandfor I
: ....~.~.!.11.~::.::-:/ S~te of Oklahoma Jerry M. Freeland's
: CommISsion # 02017753 expires 1112610lILEGAL SUPPORT SERVICES OF OKLAHOMA, INC.
-.----.---------------------1'f711r.1Iarvey, Suite 405 . OklahomaClty, Oklahoma 73102 . (405) 232-1025
Re..01109/03 * * * 28 Years of Service * * *
Undersigned declares under penalty of perjury that the
foregoing Is true and co t.
PSS-04-S
PS#
EXHIBIT G
Dependable Auto ~nlppers
Ph (800) 826-1083 Fax (972)329-3690
www.dependableautoshippers.com
Order Date: February 04, 2004
Gary Troup
1000 Good Hope Road
Mechanicsburg
gtrouplOOO@email.com
Ph#: 7 I 79200470
PA
17050
DAS#:
756402
Thank you for choosing Dependable Auto Shippers for the reloaroon of your vehicle. Please take a moment to review the information
below to ensure the accuracy of your move.
Door to Door
Open Transport
Make: Ford
VIN#:
Origin:
612 North Harrison Ave
Blanchard OK
Model: F-150 PICKUP
Year: 1950
Color: White
73010
Destination:
1000 Good Hope Road
Mechanicsburg
PA 17050
Person at Origin:
Home Phone#:
Business Phone#:
Mobile Phone#:
Christopher Cheatwoov
4054134398
Person at Deslnatlon:
Home Pbone#:
Business Phone#:
Mobile Phone#:
Gary Troup
7179200470
7177612724
Origin Terminal: Arrow Wrecker S
Term Inal Ph#: (405) 943-1800
Destination Terminal: Call for information
Terminal Ph#: (717) 564-4750
Price to move: 804.00
Payment method: Credit Card
Valuation Coverage: Yes
The liability of DAS Is limited by tariff to $250.00, unless)lou have purchased Valuation caverage at an additional cost. Jfyou are
not certain of your caverage, please contact Customer Service at 800-826-1083.
ETA (Estimated Timeo! ArrwaJ): 14 days
Top Load: No Expedite: No
DAS Express: No
Guaranteed Transit: No
Should you fmd an error or omission please contact Customer Service with your DAS# so we may correct it immediately. Please be
aware discrepancies In the information listed above may affect the transit time or cost of your move. We have attached a pre-shipment
checklist for your convience.
Please contact Customer Service at 800-826- I 083 or customerservice@dasautoshippers.com if you have any further questions.
You may also track your move online at www.dependableautoshippers.com
Thanks again for choosing DAS.
Sincerely,
Customer Service
EXHIBIT H
FACT SHEET
fB
Involuntary Transfer of Ownership
of a Vehicle by Court Order
PURPOSE
This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving
the involuntary transfer. of a vehicle's ownership. This procedure involves obtaining a court order and should be
used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a
Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding
circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership
documents are not available should seek the advice of a private attorney. THE DEPARTMENT WILL NOT
OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE.
PROCEDURES
1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of
competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle
will be determined by the court. Please note that a sample court order is provided on the reverse side of
this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS
COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING.
2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an
interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified
mail, return receipt requested, and must include the following:
(1) A specific description ofthe 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.
AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS
PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE
RECORD. PLEASE .NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHLCLE
IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO
OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S
COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND
SUBMITTING FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES.
December 2003
- over.
Bureau of Motor Vehicles. Research and Support Operations Section
P.O. Box 68031, Harrisburg, PA 17106.8031
Visit the Driver snd Vehicle Services web site at: www.dmv.state.pa.us
3. In the event the notice sent to a person wijh 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 joumal(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 & Produce Guide to determine the appropriate
legal 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.
4. When the above procedure is followed and the court of competent jurisdiction enters an order
declaring an individual the rightful owner of the vehicle, the Department may issue a Certificate of
nle 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, @e and registration fees.
Unless the pe@oner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market
Value of the vehicle as listed in a current edijion of a Department-approved publication. Approved
Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book
Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide.
AND NOW, this ____ day of
--~
and interest of any other person to e is hereby extinguished. The Commonwealth of
Pennsylvania, Department of may accept this order as evidence of ownership in
lieu of a Certificate of Title. Th.i er shall submit the appropriate forms, taxes and fees and
comply with any other pro~de2 of the Commonwealth of Pennsylvania, Department of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
VERIFICATION
I, Gary G. Troup, Plaintiff/Petitioner, verify that the facts set forth in
the foregoing document are true and correct to the best of my knowledge,
information, and belief. To the extent that the foregoing document and/or its
language is that of counsel, I have relied upon counsel in making this
Verification.
I understand that any false statements made herein are subject to the
penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to
authorities.
~~/J~
Gary . Troup
Date: 7- / Y--Po ,,'
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GARY G. TROUP,
) IN THE COURT OF
) COMMON PLEAS OF
) CUMBERLAND COUNTY,
) PENNSYLVANIA
)
) NO.
CHRISTOPHER T. CHEATWOOD,)
)
Respondent )
)
)
Petitioner
v.
CIVIL ACTION -
INVOLUNTARY
TRANSFER OF MOTOR
VEHICLE TITLE
ORDER OF COURT
AND NOW, this
, day of
, 2006, after
reasonable notice and an opportunity for a hearing having been
provided to all interested parties, the Court hereby awards ownership
of a 1950 Ford F-2 truck, vin number: 98RD490905, to Petitioner,
Gary G. Troup, and the right, title and interest of any other person to
said vehicle is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this Order of
Court as evidence of ownership in lieu of Certificate of Title. The
Petitioner shall submit the appropriate forms, taxes and fees and
comply with any other procedures of the Commonwealth of
Pennsylvania, Department of Transportation, in order to receive the
appropriate Certificate of Title for said vehicle.
.
BY THE COURT,
Lisa Jo Fanelli-Greer, Esquire
Attorney for Petitioner
J.
GARY G. TROUP,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4060 CIVIL
V.
: CIVIL ACTION
CHRISTOPHER T. CHEATWOOD, : INVOLUNTARY TRANSFER OF MOTOR
Defendant : VEHICLE TITLE
ORDER OF COURT
AND NOW, this 25th day of July, 2006, upon consideration of the attached
Petition for Involuntary Transfer of Ownership of a Vehicle by Court Order, IT IS
ORDERED AND DIRECTED that a hearing on this matter is set for Thursday,
October 26, 2006 at 9:00 a.m. in Court Room No.5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
Couns~1 for Plaintiff/Petitioner is directed to serve Notice of this Hearing to
both Defendant/Respondent Christopher T. Cheatwood and Joel McCracken at
their last known addresses by certified mail, return receipt requested and by
regular mail and, if such notice is unclaimed, advertise Notice of such Hearing
once per week for three consecutive weeks in a newspaper of general circulation
in or about Blanchard, Oklahoma, 73010, all in accordance with the requirements
of the Pennsylvania Department of Transportation.
By the Cou rt,
" --t. ~
M. L. Ebert, Jr.,
J.
~a Jo Fanelli-Greer, Esquire
Attorney for Petitioner
~s ~
/o,ris\ophe.R. the.~twood
.i/,'rIO
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Dj
:e Pel gZ T~
.:iO
GARY G. TROUP,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4060 CIVIL
V.
: CIVIL ACTION
CHRISTOPHER T. CHEATWOOD,
DEFENDANT
: INVOLUNTARY TRANSFER OF MOTOR VEHICLE
: TITLE
IN RE: 1950 FORD F-2 TRUCK VIN NUMBER: 98RD490905
ORDER OF COURT
AND NOW, this 26th day of October, 2006, after reasonable notice and an
opportunity for a hearing having been provided to all interested parties, the Court hereby
awards ownership of a 1950 Ford F2 truck, VIN number: 98RD490905, to Petitioner,
Gary G. Troup, and the right, title and interest of any other person to said vehicle is
hereby extinguished. The Commonwealth of Pennsylvania, Department of
Transportation may accept this Order of Court as evidence of ownership in lieu of
Certificate of Title. The Petitioner shall submit the appropriate forms, taxes and fees and
comply with any other procedure of the Commonwealth of Pennsylvania, Department of
Transportation, in order to receive the appropriate Certificate of Title for said vehicle.
By the Court,
\'l
J.
M. L. Ebert, Jr.,
Lisa Jo Fanelli-Greer, Esquire .. Ha.~C:d 1::0
Attorney for Petitioner
bas
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