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RailBus Status
https://www.rypn.org/forums/viewtopic.php?f=1&t=34819
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Author:  Al Elliott [ Wed Apr 03, 2013 9:09 am ]
Post subject:  RailBus Status

Well Well Well, I see they intend to Auction off the Rail Bus. I am the person that donated that piece of equipment to the Org.
It was provided with the express understanding that it belonged to the Org.
Would be restored there, and remain there.
If it is auctioned off (for any Reason) I was advised that I should seek LEGAL council, and obtain the Appraised value of the unit. Not the auctions selling price. I would most likely be dealing with the Township, and of course their attorneys.
I really do not have any gripe with the actions, but they must deal with all the aspects of the situation.
AL

Author:  ns2110 [ Wed Apr 03, 2013 9:28 am ]
Post subject:  Re: RailBus Status

Who is "they" and why would selling something they now own be a problem? If you donated it to them, it's theirs to do whatever they want with it. Something tells me that "they" might be the Pemberton group. Honestly, if they sell it, it'll probably have a better chance of survival than sitting on the ground it currently sits on now. If I had any equipment there, I'd want it as far away from that place as possible.

Author:  wm303 [ Wed Apr 03, 2013 10:00 am ]
Post subject:  Re: RailBus Status

Al,

"Would be restored there, and remain there".

When the trustee consummates his court appointed responsibilities, there will be no "there" there.

The Township has evicted them. They have no place called "there" to move the artifacts to.

If it were me, I would write a letter to the trustee, tell him you donated the item, and that you would be financially responsible to remove it from "there". Mr. Fiorilla was very clear in his intentions; to see as many of the items preserved as possible, and he also said it would not necessarily be the high bidder that would be awarded any given item.

Save yourself the cost of an attorney. You have as legitimate a claim and interest as anyone for the bus. Go for it. Good luck.

Mr. John K. Fiorilla
Laurel Corporate Center
8000 Midlantic Drive Suite 300 S
Mount Laurel, New Jersey 08054

Author:  Alexander D. Mitchell IV [ Wed Apr 03, 2013 10:27 am ]
Post subject:  Re: RailBus Status

This is one of the EXCEEDINGLY RARE instances where someone who donated an item or artifact to a non-profit organization stands a legitimate chance of being able to "reclaim" it from said organization, citing prior donation and lack of proper custodial care by the receiving group (as judged by a court, not us).

Assuming all you have said is correct, there's little reason why a judge or receiver wouldn't agree to let you have your item back, provided you are in a position to remove it from said property in a prompt fashion, or re-assigning it to another party that will. If only we were all so lucky with other situations of this ilk.

Good luck.

Author:  Mark Trebing [ Wed Apr 03, 2013 12:11 pm ]
Post subject:  Re: RailBus Status

wm303 wrote:
They have no place called "there" to move the artifacts to.


This is an incorrect assumption. If the Trust were not locked out, the Railbus would have moved to safe secured storage two years ago. That may still happen, if the Trustee accepts the Trust's plan for this artifact.

-Mark

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