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Home My WebLink About05-4124IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY 9'" JUDICIAL DISTRICT Jonesy's Customs Cycles, d/b/a Jonesy's Custom Cycles, 05- ~~~'f Civil Term Petitioner v. Donald McNulty, Respondent RE: Harley Davidson FLH Model VIN:2A2396812 PETITION FOR TRANSFER OF ABANDONED VEHICLE AND NOW, comes, Rodney Jones d/b!a Jonesy's Custom Cycles, by and through his attorney, Paul Bradford Orr, Esquire, and avers the following: 1. Petitioner, Rodney Jones d/b/a Jonesy's Custom Cycles with a business address of 363 Sherwood Drive, Middlesex Township, Cumberland County, Carlisle, Pennsylvania, 17013. 2. On or about June 5, 1998, Respondent, Donald McNulty of 1129 State Road, Marysville, Pennsylvania, 17053, left his 1972 Harley Davidson Model FLH Serial Number 2A2396812 for extensive repairs at Petitioner's shop. 3. On or about September 1, 1998, the repair work was completed and the amount owed was approximately $2,315.97. 4. Petitioner contacted Mr. McNulty on numerous occasions but the outstanding invoice was never satisfied nor were arrangements made to remove the vehicle from Petitioner's property. 5. Per Title 75 Pa.C.S. §7305, Petitioner gave notice to Mr, McNulty via certified mail and first-class mail on March 1, 2005, requesting that he make arrangements to pay the outstanding repair order and storage fees. (See attached and marked as Petitioner's Exhibit "A") 6. Petitioner asserts that the contents of Exhibit "A" complies with the requirements under Title 75 Pa.C.S. §7305{b}{1) thru (4). WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order requiring the Pennsylvania Department of Transportation to declare this vehicle Abandoned and issue a new Certificate of Title to Petitioner. Submitted, ES OFIPAIUL. BRADFORD ORR Date: ~~ ~5 By: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Petitioner Supreme Court ID# 71786 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY 9T" JUDICIAL DISTRICT Jonesy's Customs Gycles, d/b/a Jonesy's Custom Cycles, 05- Civil Term Petitioner v. Donald McNulty, Respondent RE: Harley Davidson FLH Model VIN:2A2396812 ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for the Petitioner; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Petition are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn fal: Date: ~'l~~ PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGH STREET, CARLISLE, PA 17013 PHONE (717) 258-8558 FAX (717) 258-5?89 Email: paulorr~earthlink.net htto'//www.o rd awof'tices. com Paul Bradford Orr, Esquire March 1, 2005 VTA CERTIFIED MAIL and FIRST CLASS MAIL Donald McNulty 1129 State Rd. Marysville, PA 17053 Dear Mr. McNulty: ~~L G OFCOUNSEL Allen W etch, Esquire Direct Line 350-1002 cell Email: CrimDefi ~oavl com This letter is being sent to you via certified mail under Title 75 Sec. 7305 whereby I must inform you that my client, Jonesy's Custom Cycles, has been holding your motorcycle since June 19, 1998 as a result of an outstanding balance owed to him for maintenance and repair services previously provided. Further, it appears that you have failed to respond to numerous other attempts to be contacted in reference to this matter. Therefore, please consider this notice that the Harley Davidson FLH Model with a vehicle identification number of 2A2396812 and a registration plate number of SNS2K has been considered abandoned and thirty (30) days after the date of this Notice wilt be reported to Penn Dot and the Local County Courts for appropriate disposition. It appears that in addition to the $2,315.97 outstanding repair order owed there are storage fees exceeding $1,500.00. Therefore, unless prompt arrangements are made to satisfy this obligation, my client will move forward and take appropriate legal action. ,-. '" Si eel , - ff k.~~w Paul Bradford~rr PBO/rls cc: Jonesy's Custom Cycles PETITIONER`S EXHIBIT vAn ~ ~;~~ ~~, ~~~ J ~ ~ ~~ ~ (~, ~ "°~ n ~ - ~' ~ . ` _ ,} ~ _ VY ~ 1 Lt() 11 )~1 ~„ ~:: ~ri `"~ ". N ~ { :?" .A ~~ JONESY' S CUSTOMS CYCLES d/b/a JONESY'S CUSTOM CYCLES, Petitioner vs. DONALD MCNULTY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. A~ 4124 CIVIL os- Nla~l RE: HARLEY DAVIDSON FLH MODEL VIN: 2A2396812 IN RE: PETITION FOR TRANSFER OF ABANDONED VEHICLE ORDER AND NOW, this z i-? day of November, 2006, a rule is issued on the respondent to show cause why the relief requested in the Petition for Transfer of Abandoned Vehicle ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, J ' ^ 'r't~',~4 .~ ~''~ d u~ N ` t ~ ' iJ. j 'f~t Jonesy's Customs Cycles, d/b/a Jor~esy's Custom Cycles, Petitioner v. Respondent 05- 4124 Civil Term Donald McNulty, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Harley Davidson FLH Model VIN: 2A2396812 MOTION TO MAKE RULE ABSOLUTE Petition filed for transfer of an abandoned vehicle on or about August 15, 2005. 2. On or about November 22, 2006, a Rule was issued on Respondent by this Honorable Court which was returnable within twenty (20) days after service. (See Attached and Marked as Petitioner's Exhibit "A") 3. As of April 15, 2007, there has been no response to the previously issued Order of Court. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order transferring said abandoned vehicle from Respondent to Petitioner. ~`R` pe fu y Submitted, t ~~ ., P ~ ~ ~ 9 ~~ ~ ~ 5 f ~ ~~ ~~` Paul Bradford G'rr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 PA Supreme Court ID # 71780 ~ '~ ~ ;,,, ~ .......,., ~ , g.... `, .5 i ,~ .. ~~~ <' ~_~ >~.nWMOrAYf ~1~M.Y Ma~w+ri r.I .~. 11A JONESY'S CUSTOMS CYCLES IN THE COURT OF COMMON PLEAS OI' d/b/a JONESY'S CUSTOM CUMBERLAND COON"I'Y, PENNSYLV.INIA CYCLES, Pet1t1011?'' CIVIL ACZ I~)~ - LA~V _ ~..-ri_ `. .` vs. os - yI ~I DONALD MCNULTY, RE: HARLEY DAVIDSON FLI I MODLL Respondent VIN: 2A2396812 IN RE: PE"hITION FOR TRANSFER OF .ABANDONED VEHICLE ORDER AND NOW, this z a ~~ day of November, 2006, a rule is issued on the respondent to sho~~~ cause ~~~hv the reiiet requested in the Petition for Transfer of Abandoned Vehicle ought not to be granted. This rule retlirnab(e twenty (20) days aster service. BY "l~HE COUR"h, ~T~ ~ ~ ', rat»~ ~R~Ti ~9 ~k~lts ~Ek `r~,Cn e .. t ~~, d f / ~ ~a Petitioner's "~..~.~. ~._;-' ~ ~ .~ Exhib~:t ,,, ..A.. APR 872007,0+(/ `~ Jonesy's Customs Cycles, d/b/a Jonesy's Custom Cycles, Petitioner v. 05- 4124 Civil Term Donald McNulty, Respondent ORDER OF COURT AND NOW, this 30 ~ day of ~,,.,,,~ , 2007, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1972 Harley Davidson, Model FLH, bearing vehicle identification number 2A2396812 to Rodney Jones, d/b/a Jonesy's Custom Cycles, and the right, title and interest of any other person to said vehicle in hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, 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. BY THE COURT: • ~N~. Distribution: Paul Bradford Orr, Esquire Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Harley Davidson FLH Model VIN: 2A2396812 rYvi-a.~.-F-.-.{ '~ - 3 b - ~ Jonesy's Custom Cycles, Petitioner l~ u-~.u,Q,dl 11~ C- ~7G,~ ~ ry„~,,~;.~,~ ~~ 3 0 -~ v "~ J. ~~... r~s,~~°~ ~ " : ~u~~~' ~~ ' ~ ~°~ ~~ ~~~ ~~QZ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY 9T" JUDICIAL DISTRICT Jonesy's Customs Cycles, d/b/a Jonesy's Custom Cycles, 05-4124 Civil Term Petitioner . v. . RE: Harley Davidson FLH Model Donald McNulty, VIN: 2A36968H2 Respondent AMENDED ORDER OF COURT AND NOW, this I ~ "` day of rnc~., , 2007, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1972 Harley Davidson, Model FLH, bearing vehicle identification number 2A36968H2 to Rodney Jones, and the right, title and interest of any other person to said vehicle in hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, 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. BY THE COURT: ~~ Distribution: Paul Bradford Orr, Esquire - s~/~1/~7 ~c,~- e~ ~~~.. Attorney for Petitioner J. Jonesy's Custom Cycles, Petitioner - `710 ~c,~..~~ ;'t ti~;t~ 1 i •~ ~ ~,, 1 { ~.,y ''. ~,i