HomeMy WebLinkAbout14-6357In Re:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y
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1969 Alfa Romeo m� r..n 7'
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VIN AR 1481775, z -- ^� c ry
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PETITION FOR ORDER TO ISSUE CERTIFICATE OF TITLE TO MOTOR VEHICLE
AND NOW, this 31st day of October, 2014, comes Petitioner Joseph Caggiano and respectfully
requests that this Honorable Court issue an Order directing the Pennsylvania Department of
Motor Vehicles to Issue a certificate of title to motor vehicle. In support thereof, petitioner avers
as follows:
1. Petitioner is an adult resident of Cumberland County, Pennsylvania with a personal
address of 118 Shirley Lane, Boiling Springs, PA 17007.
2. On or about May 19, 2012 Petitioner purchased the automobile that is the subject of this
Petition, a 1969 Alfa Romeo Spider Convertible, VIN AR 1481775, in inoperable
condition. The car was located in Red Hook, New York at the residence of Susan
Tomlinson at a home she shared with the owner of the car, William R. Tormey, until his
move to a nursing home forced the sale of the automobile. A photo of the car showing its
condition at the time of purchase is included as Exhibit A.
3. Petitioner received the vehicle in question from Ms Tomlinson in exchange for $1,300 in.
cash. Ms Tomlinson was acting on behalf of Mr Tormey by authority of a duly enacted
Power of Attorney. A true and correct copy of Ms. Tomlinson's Power of Attorney to act
on behalf of Mr. Tormey s attached hereto as Exhibit B. A true and correct copy of the
Bill of Sale is attached hereto as Exhibit C.
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4. On December 30, 2012 Mr. Tormey passed away, leaving no estate.
5. Thereafter petitioner sought to register the vehicle prior to beginning restoration work but
discovered that documentation had not been included with the car at the time of purchase.
Research revealed no alternative to PA DMV requirement of a signed transfer of
ownership document so petitioner investigated obtaining a duplicate from the New York
DMV.
6. For automobile model years prior to 1973.the state of New York did not issue separate
title and registration documents, instead utilizing the registration document as proof and
transfer of ownership.
7. The automobile in question was last registered in 1980, as evidenced by the 1980
registration sticker on the car's windshield. A photo of the window sticker is attached
hereto as Exhibit D.
8. Petitioner contacted both Ms Tomlinson and the New York Department of Motor
Vehicles in an effort to obtain the registration document. By this time Ms Tomlinson had
moved out of her previous residence and had no knowledge as to the whereabouts of the
document. NYDMV informed the petitioner that data for the car would have been purged
from NYDMV records due to the extended period without registration.
9. Accordingly, there exists no registration or title in New York or in any other state.
10. Petitioner affirms that he is the lawful possessor of the vehicle and obtained the vehicle in
an arms-length transaction between disinterested parties.
11. Petitioner has no knowledge that there is any person who has any claim of ownership,
lien, or any other interest of any kind in the car.
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12. Petitioner declares under penalty of perjury that the foregoing factual assertions are true
and accurate to the best of his current knowledge and belief.
13. For the foregoing reasons, petitioner respectfully requests that this Honorable Court issue
an Order directing the Pennsylvania Department of Motor Vehicles to issue a title for the
vehicle that is the subject of this Petition. A suggested Order is attached hereto.
Respectfully submitted,
11111P
J.seph Caggiano
118 Shirley Lane
Boiling Springs, PA 17007
717-701-8174
Joe_Caggiano@Yahoo.com
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N.Y. Statutory short form Power of Attorney
Eff 9-12-2010
POWER OF ATTORNEY
NEW YORK STATUTORY SHORT FORM
(a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important
document. As the "principal," you give the person whom you choose (your "agent")
authority to spend your money and sell or dispose of your property during your lifetime
without telling you. You do not lose your authority to act even though you have given
your agent similar authority.
When your agent exercises this authority, he or she must act according to any instructions
you have provided or, where there are no specific instructions, in your best interest. ,
"Important Information for the Agent" at the end of this document describes your agent's
responsibilities.
Your agent can act on your behalf only after signing the Power of Attorney before a
notary public.
You can request information from your agent at any time. If you are revoking a prior
Power of Attorney, you should provide written notice of the revocation to your prior
agent(s) and to any third parties who may have acted upon it, including the financial
institutions where your accounts are located.
You can revoke or terminate your Power of Attorney at any time for any reason as long
as you are of sound mind. If you are no longer of sound mind, a court can remove an
agent for acting improperly.
Your agent cannot make health care decisions for you. You may execute a "Health Care
Proxy" to do this.
The law governing Powers of Attorney is contained in the New York General Obligations
Law, Article 5, Title 15. This law is available at a law library, or online through the New
York State Senate or Assembly websites. www.senate.state.ny.us or
www.assembly.state.ny.us.
If there is anything about this document that you do not understand, you should ask a
lawyer of your own choosing to explain it to you.
(b) DESIGNATION OF AGENT(S):
I, WILLIAM R. TORMEY, 3 Willow Drive, Red Hook, New York 12571, hereby
appoint:
SUSAN A. TOMLINSON, 3 Willow Drive, Red Hook, New York 12571, as my
agent(s)
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If you designate more than one agent above, they must act together unless you initial the
statement below.
( ) My agents may act SEPARATELY.
(c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL)
If any agent designated above is unable or unwilling to serve, I appoint as my successor
agent(s):
Successor agents designated above must act together unless you initial the statement
below.
( ) My successor agents may act SEPARATELY.
You may provide for specific succession rules in this section. Insert specific succession
provisions here:
(d) This POWER OF ATTORNEY shall not be affected by my subsequent incapacity
unless I have stated otherwise below, under "Modifications".
(e) This POWER OF ATTORNEY does not revoke any Powers of Attorney previously
executed by me unless I have stated otherwise below, under "Modifications."
If you do not intend to revoke your prior Powers of Attorney, and if you have granted the
same authority in this Power of Attorney, as you granted to another agent in a prior
Power of Attorney, each agent can act separately unless you indicate under
"Modifications" that the agents with the same authority are to act together.
(f) GRANT OF AUTHORITY:
To grant your agent some or all of the authority below, either
(1) Initial the bracket at each authority you grant, or
(2) Write or type the letters for each authority you grant on the blank line at (P),
and initial the bracket at (P). If you initial (P), you do not need to initial the
other lines.
I grant authority to my agent(s) with respect to the following subjects as defined in
e tions 5- 1502A through 5-1502N of the New York General Obligations Law:
(A) real estate transactions;
(B) chattel and goods transactions;
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(C) bond, share, and commodity transactions;
) banking transactions;
(E) business operating transactions;
(F) insurance transactions;
(G) estate transactions;
) claims and litigation;
sr) personal and family maintenance. If you grant your agent this authority, it will
allow the agent to make gifts that you customarily have made to individuals, including
, the agent, and charitable organizations. The total amount of all such gifts in any one
" cal- dar year cannot exceed five hundred dollars;
(J) benefits from governmental programs or civil or military service;
K) health care billing and payment matters; records, reports, and statements;
(L) retirement benefit transactions;
(M) tax matters;
(N) all other matters;
( ) (0) full and unqualified authority to my agent(s) to delegate any or all of
the foregoing powers to any person or persons whom my agent(s) select;
( ) (P) EACH of the matters identified by the following letters
.You need not initial the other lines if you initial line (P).
( ) (Q) This grant of power is limited to the execution of all documents and
instruments in connection with the sale of real property located at:. 180 Hicks Hill Road,
Stanfordville, NY 12581
(g) MODIFICATIONS: (OPTIONAL)
In this section, you may make additional provisions, including language to limit or
supplement authority granted to your agent.
However, you cannot use this Modifications section to grant your agent authority to make
gifts or changes to interests in your property. If you wish to grant your agent such
authority, you MUST complete the Statutory Gifts Rider.
(h) CERTAIN GIFTS TRANSACTIONS: STATUTORY GIFTS RIDER
(OPTIONAL)
In order to authorize your agent to make gifts in excess of an annual total of $500 for all
gifts described in (I) of the grant of authority section of this document (under personal
and family maintenance), you must initial the statement below and execute a Statutory
Gifts Rider at the same time as this instrument. Initialing the statement below by itself
does not authorize your agent to make gifts. The preparation of the Statutory Gifts Rider
should be supervised by a lawyer.
( ) (SGR) I grant my agent authority to make gifts in accordance with the
terms and conditions of the Statutory Gifts Rider that supplements this
statutory Power of Attorney.
(i) DESIGNATION OF MONITOR(S): (OPTIONAL)
IF YOU WISH TO APPOINT MONITOR(S), INITIAL AND FILL IN THE SECTION
BELOW:
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() I wish to designate , whose
address(es) is(are)
as monitor(s). Upon the request of the monitor(s), my agent(s) must provide the
monitor(s) with a copy of the power of attorney and a record of all transactions done or
made on my behalf. Third parties holding records of such transactions shall provide the
records to the monitor(s) upon request.
(j) COMPENSATION OF AGENT(S): (OPTIONAL) Your agent is entitled to be
reimbursed from your assets for reasonable expenses incurred on your behalf. If you
ALSO wish your agent(s) to be compensated from your assets for services rendered on
your behalf, initial the statement below. If you wish to define "reasonable compensation",
you may do so above, under "Modifications."
( ) My agent(s) shall be entitled to reasonable compensation for services rendered.
(k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any
claims that may aiise against the third party because of reliance on this Power of
Attorney. I understand that any termination of this Power of Attorney, whether the result
of my revocation of the Power of Attorney or otherwise, is not effective as to a third party
until the third party has actual notice or knowledge of the termination.
(1) TERMINATION: This Power of Attorney continues until I revoke it or it is
terminated by my death or other event described in section 5-1511 of the General
Obligations -Law. Section 5-1511 of the General Obligations Law describes the manner in
which you may revoke your Power of Attorney, and the events which terminate the
Power of Attorney.
(m) SIGNATURE AND ACKNOWLEDGMENT:
In Witness Whereof I have hereunto signed my name on February Nil , 2012.
PRINCIPAL signs here:
WILLIAM R. TOR1VrEY
State of NEW YORK )
County of DUTCHESS ) ss.:
On the � day of February in the year before me, the undersigned, personally appeared
WILLIAM R. TORMEY, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the
individual(s), or the person upon behalf of which t dividua, s) acted, executed the
instrument.
JEFFREY C. MARTIN
MOThRY PUBLIC, State of New York
Qualified in Cuteness Cri
COrnrrissicn Expires M:,rch
4
tary Public
(n) IMPORTANT INFORMATION FOR THE AGENT:
When you accept the authority granted under this Power of Attorney, a special legal
relationship is created between you and the principal. This relationship imposes on you
legal responsibilities that continue until you resign or the Power of Attorney is terminated
or revoked. You must:
(1) act according to any instructions from the principal, or, where there are no
instructions, in the principal's best interest;
(2) avoid conflicts that would impair your ability to act in the principal's best
interest;
(3) keep the principal's property separate and distinct from any assets you
own or control,
unless otherwise permitted by law;
(4) keep a record or all receipts, payments, and transactions conducted for the
principal; and
(5) disclose your identity as an agent whenever you act for the principal by
writing or printing the principal's name and signing your own name as "agent" in
either of the following manners: (Principal's Name) by (Your Signature) as
Agent, or (Your Signature) as Agent for (Principal's Name).
You may not use the principal's assets to benefit yourself or anyone else or make gifts to
yourself or anyone else unless the principal has specifically granted you that authority in
this document, which is either a Statutory Gifts Rider attached to a statutory Short Form
Power of Attorney or a non -statutory Power of Attorney. If you have that authority, you
must act according to any instructions of the principal or, where there are no such
instructions, in the principal's best interest. You may resign by giving written notice to
the principal and to any co -agent, successor agent, monitor if one has been named in this
document, or the principal's guardian if one has been appointed. If there is anything
about this document or your responsibilities that you do not understand, you should seek
legal advice.
Liability of agent:
The meaning of the authority given to you is defined in New York's General Obligations
Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the
authority granted to you in the Power of Attorney, you may be liable under the law for
your violation.
(o) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:
It is not required that the principal and the agent(s) sign at the same time, nor that
multiple agents sign at the same time.
I/we, click, , crA vion, , have read the foregoing
Power of Attorney. I am/we are the person(s) identified therein as agent(s) for the
principal named therein.
5
SILL OF SALE
VEHICLE INFORMATION
Make: 073/16 Model:
Style: C-6.4t/r- k-ri 0/-6— Color:
5-506y
Odometer reading
VIN#
Seller registration #
Year: /?69
I -?6 /775
Have you previously filed an application for title of this vehicle? El Yes El No
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(AUDRE SE))
as owner of this vehicle, transfer ownership to
of 13)//gz6Y
PR- for the sum of
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[1] This was a gift. Indicate relationship (e.g. parent, spouse, friend):
(1),IDURESS)
$ 3e)o
I declare under penalty of perjury that the statements herein contained are true and correct to the best of my
knowi..e and bell
A. S. Patel
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State of ---0( C14 I•
County ofc---1 LXYY-C-D
This instrume, was acknowledvd before me-
wl -21;d of Id 0 tS4 by C.i 02 Y1
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My Commtsio
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Exhibit A - Shows general conditior
In Re:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
1969 Alfa Romeo
Spider Convertible,
VIN AR 1481775,
Case No. )L1 --(/ �$ '? eit;/Z
AND NOW, this 1
ORDER OF COURT
da of NoveviAlcy,L. 2014 after
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careful consideration of the Petition for Order to Issue a Certificate of Title to
Motor Vehicle, it is now ORDERED, JUDGED AND DECREED that the
Pennsylvania Department of Motor Vehicles is to issue a certificate of title to
Motor Vehicle to Petitioner Joseph Caggiano for one 1969 Alfa Romeo Spider
Convertible, VIN AR 1481775. The Department of Transportation shall accept this
order as evidence of ownership in lieu of a certificate of title. The Petitioner shall
submit the appropriate taxes and fees and comply with any other procedures of the
Department of Transportation in order to receive the appropriate certificate of title
for said vehicle.
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