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Home My WebLink About00-06476 '-""." "..,F.,_ .',' ~ , ~.._. '0. ,) _ ~;' '.;...;~,-~.,.:,. -Jo",:;;,-,;..,\"",_ ,;' 'w.^,^ 'Ti TOWNSHIP OF SILVER SPRING Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. {)-c;>- (.<f7L, : NO.OV - & 'fitMLD -r;;...... GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy 1. DePasquale Defendants MUNICIPAL CLAIM FOR LABOR AND MATERIALS TO: PROTHONOTARY SIR/MADAM: The Township of Silver Spring, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DURKIN & CONNELLY LLP, hereby files its claim for labor and materials necessary to abate a public nuisance, charged against the real estate hereinafter described, located in the Township of Silver Spring, Cumberland County, Pennsylvania, and sets forth its claim as follows: Statement of Claim 1. The name of the municipality by which this claim is filed is the Township of Silver Spring, with an address of6475 Carlisle Pike, Mechanicsburg, PA 17050. 2. All acts, conditions, events and things required to be done by the Township of Silver Spring under the Acts of Assembly of the Commonwealth of Pennsylvania have been done and performed in due and legal form so as to entitle the Township of Silver Spring to a lien for the payment of labor and materials for which this claim is filed. 3. The name of the legal owner(s) or reputed owner(s), of the property against which this claim is filed islare Jean DePasquale, Executrix ofthe Estate of Guy 1. DePasquale, with an address of c/o Richard 1. Placey, Esquire, Placey & Wright, 3631 North Front Street, Harrisburg, PA 17110-1533. 4. The name of the equitable owner(s) or reputed equitable owner(s) of the property against which this claim is filed is Gregg R. Carignan, with an address of 450 Gettysburg Pike, Mechanicsburg, P A 17055 "= " , ," ~ ,-, ~, - .' ~ - , ""~ "" '" " "0_ -; ,..I',,', ,,) I; ~,l'-', .-' ;,;. ,j.-J "'oil' ,:"':;'-,,;;':':'';:'' _0_, ',,,- " ". - '" '''1ill~ft 5. The property against which this claim is filed is known and numbered as 6495R Carlisle Pike, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17055, tax parcel number 38-19-610-005. 6. Labor and materials for cleaning up the property at 6495R Carlisle Pike, Mechanicsburg, PA 17055 as of August 21, 2000 TOTAL CLAIM $11,312.80 Payment of the above claim not having been made, enter the same in the proper Municipal Lien Docket and Judgment Index. N & CONNELLY LLP - '>li .". --',,, ~". ,;I,,:;J,; '" ,_." " '" ~"" , ~ 'S; "J ,;,...'.' . VERIFICATION I, Steven A. Stine, Solicitor of the Township of Silver Spring, hereby verify that the statements contained in this Municipal Claim for Labor and Materials are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ;l4904, relating to unsworn falsification to authorities. Dated: ".', ""," ~,:",', ",. ~ ", .."'t.~'~~ CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Municipal Claim for Labor and Materials to the following below-named individuals by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 22nd day of September, 2000. SERVED UPON: Gregg R. Carignan 450 Gettysburg Pike Mechanicsburg, PA 17055 Jean DePasquale, Executrix of the Estate of Guy J. DePasquale c/o Richard L. Placey, Esquire Placey & Wright 3631 North Front Street Harrisburg, PA 17110-1533 ,,' .~ '-',', <'" .'-"".-=;,- " ,O,;"~C^"",, < '~" ^' "" -- ",,:,,,>>;.:,,""",,....4- ',,,-, ",,---;,,~.;/;~;: . , 'k ^ ~,;, TOWNSHIP OF SILVER SPRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6476 MLD Term GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale, Defendants : CIVIL DIVISION ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby acknowledge receipt of the Writ of Scire Facias which was filed on March 22,2001 to the above-referenced term and number. . ... Date: March.2:f, 2001 r; / PLACIT,:?"" S:, Attorney for Jean DePasquale, Executnx of the Estate of Guy J. DePasquale < <<,,< <;'-'-,~,~,;;, ,. --.' \ , -}~, il ""0"-,_ ." - '-" _~ '"_"",,.- ,'2'"",-.,u"",,-, .~~- ." , ~. < "" o ~; -o~i-. ~:~T. to ~~, --..'" r;.:\:: :::::--. i~~" /--'-, -) -<, ;?;: 1,r., :~ ~ iii i".,'.'.' ." Ii!! I:,: l'i,:,!,'.I, 1:,'J it" I;'" i~, Iii; I:: Ii:' ~i 1~:1 W~ II! ~l ~; ~j ~~ ~ !l '~i '01 i'i (j :j i ~~..:" (' .' Ii 'j " r! ! ,~.~ ,-- '~ ; ;"', - ~ - ----,' . ,'"' ,- , ~ TOWNSHIP OF SILVER SPRING : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, COUNTY PENNSYL VANIA vs. CIVIL ACTION No, 01-1701 No. 00-6476 MLD TERM GREGG R CARIGNAN, Defendant DEFENDANTS ANSWER TO WRIT SCIRE FACIAS AND NEW MATTER COUPLED WITH A PETITION TO OPEN AND MODIFY JUDGMENT AND NOW comes the Defendant, Gregg R. Carignan, a married man residing at 6495 Carlisle Pike rear and avers the following; L Township of Silver Spring now seeks to execute against an additional Defendant at this late date, Jean DePasquella who was barred from presenting her defenses in this matter. 2. Prior to trial Defendant's attorney, Steve Portko, sought to engage the DePasquella's as an additional defendant, the Township of Silver Spring opposed and Judge Wesley Olyer denied enjoining the Depasquellas, 3, Now the Township of Silver Spring wishes to encumber property to which neither she nor her husband were able to defend. Nor given the opportunity to comply with an order prior to it's execution. 4. Silver Spring Township seeks to seize property belonging to Depasquella and seeks to enjoin them after the fact, this turns justice on its head. 5. The M.P,C. is clear that the Township must list in its enforcement notice those which it seeks to legally pursue. 6. Not enjoining the DePasquella's is a fatal flaw and may not be corrected after the fact. 7. In addition the Township failed to enjoin Mrs. Karen Carignan in the action, despite the fact that the Township was well aware of the Defendants long standing marital status. ,..... " ~ -'. l>W' f 8. The Township was well aware that at trial that the property in question was owned by another party, Defendant was married, and Defendant testified to the fact that the property had additional encumbrances, yet the Township never sought to alter its action. 9, Silver Spring Township despite the above facts perused the Defendant at its own peril. 10. In addition the Defendant disputes the propriety of the bill, its computation, the awarding of contract to Perry County Metals, and that the Township violated the Defendants rights granted him by the Constitution of the United States and Pennsylvania, seizing valuable property belonging to him and others. NEW MATTER AND REASONS TO OPEN AND MODIFY JUDGMENT COUNT I 1. Township of Silver Springs violated the dictates of the M.P.C. in the letting of contract to Perry County Metals and the standard course for contracting services to the Defendants' detriment. 2. The Township altered contractual provision after putting out to bid major portion of the contract and bid provision to suit Perry County Metals. 3. award. The altered contract dictated the re-advertising of the bid prior to it's 4, Altered bid provisions would have enticed more bidders and more competitive bidding. COUNT 2 1. Perry County Metal hand and hand with the Township committed an act of fraud in pursuing the judgment for $11,312.80 as Perry County Metal sold huge amounts of the Defendant's possessions and those of others at a public sale without reducing Defendant's bill in total violation of the contractual provision between the Township and Perry County Metals. -.'L -.t, ' ~'" -~j ,. 2. Additional revenue generated and items seized benefited Perry County Metals and were willfully omitted and not credited to Defendant's bill. 3. Additionally, Defendant seeks review of Perry County Metals books and receipts for weights and tallies to check for further imprities prior to trial. COUNT 3 L Prior to the time of execution of said contract the Defendant's property was not a "nuisance in fact" as defined by Pennsylvania Law Enc. also cited by Judge Wesley Olyer. Therefore the Township was not entitled to seize any of the items on the Defendant's property. COUNT 4 1. The Township through its agent Perry County Metals seized countless items of value belonging to the Defendant and others and should be barred, until valuable property is completely replaced and property holders compensated for their loss of use, from acting upon any judgment in this action. THE DEFENDANT HEREBY SEEKS A HEARING TO COMPLETELY AND FULLY SET FORTH HIS DEFENSES. Respectfully submitted, ~~C~ Gregg R, Carignan 6495 Carlisle Pike Mechanicsburg, Pa. 17055 (717) 796-6645 Date: April 23, 2001 c'~~ . f - -, , 0- " CERTIFICATE OF SERVICE by ~ ~1:- Crr:?"", I ;zT C qq') ~<f!; ( papers upon the person(s) listed below; Richard Placey, Esquire 3631 North Front Street Hanisburg, PA 17110 Steven A. Stine, Esquire P.O. Box 650 Hershey, PA 17033 Date: April 23, 2001 , am on this day the of April 2001, , am serving the forgoing ~q~ Gregg R. Carignan 6495 Carlisle Pike Mechsnicsburg, Pa. 17055 (717) 796-6645 "" . ""~~litJfiilill:UillJ .'M" io!o>illiWl~~'>iM'I;i' 1Uj,~~''C''''''''''1<l -""' ......- ~ ~, , - ~" ~~"e_ 11 \ II I :1 II i (!I :1 II II 'I l I 0 C> 0 c: -n .~ J> .,-> ",tt~ -0 ;~il~ ~g:j ::0 N ."CIT1 ?ii~ (.,..i :r.19 {~C) 1<0 '" ::c=H ~8 ':lr: 0::1'- "z~fi :i>c: ~ o. :z t:'" ~ =< w -< , .' '.:-,..:.- .. TOWNSHIP OF SILVER SPRING : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, COUNTY PENNSYLVANIA vs. : CIVIL ACTION No. 01-1701 : No. 00-6476 MLD Tenn GREGG R CARIGNAN, Defendant 19119 we..r , AND NOW comes Karen Carignan, a married woman residing at 6495 Carlisle Pike rear and avers the following; 1. I, Karen A. Carignan married the Defendant on December 27, 1982 and am joint "equitable" owner ofthe property at 6495 Carlisle Pike rear. 2, property. I, my husband, and our three children reside at 6495 Carlisle Pike rear 3. I have Multiple Sclerosis and am unable to walk 4. The property at 6495 Carlisle Pike rear is the only home my family has ever known and we have no other place to go. 5. Numerous items of value were seized from myself, my children, our family in general, and others, robbing us of valuables to settle our debts and earn a living. 6. Silver Spring Township's should be barred from taking my home as per Township's promises to me. I and my children hereby demand a hearing to set forth our defenses. Respectfully submitted, /~.- Karen Carignan 6495 Carlisle Pike Mechanicsburg, Pa, 17055 (717) 796-6645 Date: April 23, 2001 ., "" ,,;,,_ ',_", -'"0';_:" " ~ ~ ',. """" , CERTIFICATE OF SERVICE I, kef r e'l L;v fP'[Q~ am on this day the of April 2001, I by )...5 r C kss fl1q: r , am serving the forgoing papers upon the person(s) listed below; Richard Placey, Esquire 3631 North Front Street Harrisburg, P A 17110 Steven A. Stine, Esquire P.O. Box 650 Hershey, PA 17033 /P Karen A. Carignan 6495 Carlisle Pike ~echmUcsburg,Pa. 17055 (717) 796-6645 Date: April 23, 2001 ~~j~".~'Ilk7--" ~Jl!j",~",;o.;.""~'(,llii'.k-""""'~ii<~il!Jli.;hiici~i:Wl~~~...1li:; ", ~. 'nIlWJllj_-_'~"~'~'~ 'MBli-~ J~ !i2. . ..fB tic: ~:2 :.<::0 ~~ " ~,' o o "'" :::;} :~~;1 f.Q -'or1'1 :Py ~~C) 5':8 2'0 Of 0 ~ -< ".. " =<:> !'.> W -0 ::li:: ~ C- (Jl "' "I , I:: I.' I' " i'l !--, r:i ,! '" -, ~~~, " ',,,' <,,-~, _""'^_,c_" , "'" -",",~;, '- ' ."'.,-.",-'- -.; ~-. 'o,:,_~b"'_ ,,',,<" v"~"_"~";_,,,, .,G~.; .'co,,"'-;'-'"'-":: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING Plaintiff, CIVIL DIVISION NO. 00-6476 MID Term .; NO, 01-1701 Civil Term vs. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. PLAINTIFF'S RESPONSE TO DEFENDANT GREGG R. CARIGNAN'S NEW MATTER AND PETITION TO OPEN AND MODIFY JUDGMENT AND NOW comes the Plaintiff, Township of Silver Spring and files this Response to Defendant Gregg R. Carignan's New Matter and Petition to Open and Modify. Judgment, which is set forth as follows: I. Denied. The Township is seeking to obtain a judgment on the municipal lien docketed at No. 00-6476 MLD Term. Jean DePasquale, Executrix of the Estate of Guy DePasquale was served with the Writ of Scire Facias and had the opportunity to file an Affidavit of Defense, which has not been done. 2. Denied. Judge Wesley Oler's order speaks for itself. 3. Denied, The response to paragraph I is incorporated herein by reference. 4. Denied, The Township is seeking to obtain a judgment on the municipal lien docketed at No. 00-6476 MLD Tenn. 5. This paragraph is a conclusion of law to which no response is required. 6. Denied. Jean DePasquale, Executrix of the Estate of Guy DePasquale was served with the Writ of Scire Facias and had the opportunity to file an Affidavit of Defense. 7. Admitted in part. It is admitted that Karen Carignan is not named as a defendant in this matter. It is denied that the Township had any knowledge that Karen Carignan has any ownership interest in the subject property located at 6495R Carlisle Pike, Mechanicsburg, Pennsylvania. By way of further answer, if required the caption of this matter may be amended to add Karen Carignan pursuant to the Municipal Claims Act. 8. The Plaintiff does not possess sufficient knowledge to either admit or deny this averment and it is therefore deemed denied. 9. Admitted in part. It is admitted that the Township filed a municipal claim and writ of scire facias against the Defendants. 10. The Plaintiff does not possess sufficient knowledge to either affirm or deny this avennent and it is therefore denied. ,'_' ~ .c' ,~' ".. ,," -," __ ", " ~ , ..',1.,,' _', ,',",'" ^- , .,:.. ~-,~ '.' ','",: - ,,;':'.~d . COUNT I I. This averment constitutes a conclusion of law to which no response is required. By way of further answer, Defendant Carignan is time barred from raising this issue as a defense or to open a judgement since no challenge to the award of the contract to Perry County Metals was filed at the time of award, By way of further answer, I>efendant Carignan has waived his rights to raise this issue since judgment on this matter was entered on August 21, 2000, pursuant to a Petition to Enter Judgment, t'o which Defendant Carignan did not respond. 2 The response to paragraph I is incorporated herein by reference 3. The response to paragraph I is incorporated herein by reference. 4. The Plaintiff does not possess sufficient lmowledge to either admit or deny this averment and it is therefore deemed denied. COUNT 2 I. This averment constitutes a conclusion of law to which no response is required. By way of further answer, the contract price for Perry County Metals to remove items of junk from the subject property was $13,600.00, which was reduced by the salvage value of the items removed from the subject property. By way of further answer, Defendant Carignan has waived his rights to raise this issue since judgment on this matter was entered on August 21, 2000, pursuant to a Petition to Enter Judgment, to which Defendant Carignan did not respond. 2. Denied. The salvage value of the items removed from the subject property was credited against the contract price. 3. The Plaintiff does not possess sufficient lmowledge to either admit or deny this averment and it is therefore denied. COUNT 3 I. This averment constitutes a conclusion oflaw to which no respDnse is required. By way of further answer, the issue raised in this averment was the subject of an order issued by Judge Oler in the matter docketed at No. 94-3422 Equity Term, authorizing the Plaintiff to clean-up the subject property through the use of a contractor, which order was affirmed by the Commonwealth Court, Accordingly, Defendant Carignan is barred by res judicata or collateral estoppel from litigating this issue once again. COUNT 4 1. Denied. The Plaintiff cleaned-up the subject property pursuant to an order issued by Judge Oler and the value of the items was used to reduce the amount owed on the contract with Perry County Metals. By way of further answer, to the extent that this issue was not previously litigated in the matter docketed at No. 94-3422 Equity Term, Defendant Carignan has in any event waived his rights to raise this issue since judgment on this matter was entered on August 21,2000, pursuant to a Petition to Enter Judgment, to which Defendant Carignan did not respond. WHEREFORE, Plaintiff, Township of Silver Spring respectfully requests that this Honorable Court enter judgment against Defendant Carignan in the amount of$II,312.80 and that the subject property be sold to recover the amount thereof. "'~ ,'" . .. "",'-.->1.";, "-;,,-, -":':'-;--; - "'-<.-'""~: --",'- ",:.'".i-,->~--"),, ,',_ c-",__',_ ,'"..c -', ...... Respectfully submitted, JAMES, SMITH, , ~ - ; -. ----- .,"~. ',1-,_. =-._"i.__ .-_~,<, ,- -~, ,~-,",,' 0--,'. CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Response to Defendant Gregg R. Carignan's New Matter and Petition to Open and Modify Judgment upon the following below-named individual( s) by fIrst class mail this II th day of May, 2001. SERVED UPON: Gregg R. Carignan 6495R Carlisle Pike Mechanicsburg, P A 17050 Jean DePasquale, Executrix c/o Richard Palcey, Esquire 3631 North Front Street Mechanicsburg, P A 17110 ;._.; ,,"~"~ .~,-,J~~~: ""ri " '.11' -,-J.,;--~,-~w " ~- - ',-~,'~ -,~ ,- -j-' -,;.c., - - .. <--. '.' --~--~, ,~~ "~- -/;"'-" . '0' o' ...., I ~; !i ! m I 0 C) ~~~ C :S:. _..'_:. '"D Co; ;0::-,'" IT> r-;--: -< 7 ~ ~~ L , ~ c..1 , '< -r) ;'1 ;p; C' .-"". ; -"-) ,--, L. C) " )> 1'.:> ;'-' rn c= ----1 Z --'> =< ~ ";:J "-I -< ~,--~ ..,- -,-._,,<