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HomeMy WebLinkAbout01-1701 FX SHERIFF'S RETURN - REGULAR CASE NO: 2001-01701 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP OF VS CARIGNAN GREGG R ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon CARIGNAN GREGG R the DEFENDANT , at 0017:10 HOURS, on the 2nd day of April , 2001 at 6495 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to GREGG CARIGNAN a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: ~~L~~~~~ R. Thomas Kline Sworn and Subscribed to before me this If Ie- day of ~ ~J A.D. n.. a ~ ,1Jpj~ \....--~honotary 04/03/2001 JAMES, SMITH, DURKIN BY~ ~a;zk 4>eput eriff . ",YN'{~,"'''''''~''"'''''''''''~~" _ ~"...~ r~ ,., ~~ ~"'I " " ~ ,- -~,~....- ."- "'~. SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-01701 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP OF VS CARIGNAN GREGG R ET AL R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for , to wit: the within named DEFENDANT DEPASQUALE JEAN but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SCIRE FACIAS NOT SERVED , as to the within named DEFENDANT , DEPASQUALE JEAN DO NOT SERVE DEFT. AS PER ATTORNEY'S REQUEST ON 3/23/01 Sheriff's Costs: Docketing NOT SERVED RETURN Affidavit SURCHARGE 6.00 5.00 .00 10.00 .00 21. 00 "~"~~~ ..-~ /_~:;;~~ R. THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY JAMES, SMITH, DURKIN 04/03/2001 Sworn and subscribed to before me this J/f!: day of ~ .2.ko1 A.D. el. Q~ pr~ary ~ '~%"I~"',""'I:r ,. "~,~ " r~~~ -,..."..., ~~ ~ , ~ IN THE COURT OF C0MJ\.10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING Plaintiff, vs. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF 0 ADEFAULTJUDGMENT MAYB TYOU. A IFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 6475 Carlisle Pike Mechanicsburg, PA 17050 AND THE DEFENDANT(S): Jean DePasquale, Executrix do Richard Placey, Esquire 3631 North Front Street Harrisburg, P A 17110 Gregg R. Carignan 450 Gettysburg Road Mecb' g, 705 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY TillS LIEN IS 6495 arl' e nicsburg, PA 17050 "~W~"W'"_""",,,._' ~-~"r-I~~"~I_' '.' '" " .-,..--~'JF"'""'~ I'~ ~ '!!lI!!l! 11. I' CIVIL DIVISION 7l<J.OJ- 1701 CW I-U.A- NO. 00-6476 MLD Term CIVIL ACTION. WRIT OF SCIRE FACIAS FILED ON BEHALF OF: Township of Silver Spring, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Steven A. Stine, Esquire Pa. J.D. #44859 P.O. Box 650 Hershey, PA 17033 (717) 533.3280 JAMES, SMITH, DURKIN & CONNELLYLLP . ~~ . , , . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING CIVlL DIVISION Plaintiff, No. 00-6476 MiD Term v. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HA VB A LAWYER OR CAT\fNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 "';I'ii\lt~_~',_ ; IN THE COURT OF CGMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOWNSHIP OF SILVER SPRING Plaintiff, No. 00-6476 MLD Term v. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. A VIS 0 USTED HA smo DEMOND ADO/ A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A visa radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, 10s demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede pro ceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. . USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIAT AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERlGU AR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 -:~~ .- ""I ~I ~~ ~ . .~~ . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION f'Lu. CJ /- /70' ~ ,,,-,- No. 00-6476 MLD Term TOWNSHIP OF SILVER SPRING v. GREGG R. CARIGNAN and JEAN DEP ASQU ALE, Executrix of the Estate of Guy J. DePasquale Defendants. TO: PROTHONOTARY By: Stev Atto or Plaintiff PAI.D.#44859 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 WRIT OF SCIRE FACIAS SIR/MADAM: Please issue a Writ of Scire Facias in the aboy. -c~p TO: Gregg R. Carignan and Jean DePasquale, Executrix . WHEREAS, the Township of Silver Spring, on September 22, 2000, fIled its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 00-6476 MLD Term, for the sum of $11,312.80 for labor and materials to clean up the property at 6495 R Carlisle Pike, Mechanicsburg, Pennsylvania 17050 due the said Township of Silver Spring, said Claim filed against property owned by you as legal owner or equitable owner in the Township of Silver Spring, located at 6495 R Carlisle Pike, Mechanicsburg, Permsylvania 17050 tax parcel #38-19- 610-005, owned or reputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due and unpaid, and remains a lien against the said property; :~~-"-"""" ~l~"'r"F '. i . I r~' . . .. NOW, you are hereby notified to file your Affidavit of Defense to said Claim, if defense you have thereto, in the Office of the Prothonotary of our said Court, within twenty (20) days after the service of this Writ upon you. If no Affidavit of Defense is fIled within said time, Judgment may be entered against you for the whole Claim, and the property described in the Claim be sold to recover the amount thereof. ~ i2 ,e, PROTHONOTAR'Yf n....... g (SEAL) Costs: $24.00 pd Atty 1.00 County due 5.00 Sat due . <::l ."J . ~) " fRUE COPY FROM REboRD In Testimony whereof, I here unto set my hana :>;,id the seal of said Co~ at Carlisle. Pa. rllis J.tj-~ay ~ A~ oho: . YI.L. ~ Il~"'7' Prothonotary ,_w~ " 1II" r:-"" l t " " , ~. ~~o/@f> '-'::wI!~","". 0." ~ (C1) ~~ " -,~,..<"",--~ -~- '. ..,..,~.' ~ ,.rx:r ,M"'" _", ^' .~_ _=n. V1N'\ftl-USNH3d :1"'1 r:', 1'.\ \ {"\':1 -,,' ,..' 10. ~\c\ LZ Z ZIIl;R I-J.IWOO ~d: ';'ki2H,nO 1I11m3HS 3111 :10 ,0,11110 I=:;:, r.'~ Ci t" :.::J C' "'=0 ~ Ifln.-iF' ; " -'. IUU' ~. ..' ..J <:;r;~', f? _"'i; .<~"", \t.< '. ~ '<'/<.", .' ,. -..'---,' ,<..:~"7.:::::, . ~.;::::;;:;.: ..' . "~" ,~., ,y___'t.~-", "!"'~~~"li"",~>ryN~I)!I!%1"H!''W!?~1~~~~__.~~" -; _ -~.~__..~- "c.!fFW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING CIVIL DIVISION Plaintiff, NO. 00-6476 MLD Term NO. 01-1701 Civil Termv' 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: 1. 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 Term. 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 averment and it is therefore denied. ';l'W~ _~ _~ I, ,_"""" .." ~ ~~" I o ~ - COUNT I 1. This averment constitutes a conclusion oflaw 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, tlefendant 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 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 knowledge 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 $13,600.00, which was reduced by the salvage value of the items removed from the subject property. By way of further answer, Defendant Carignan has waived his rights to raise this issue since judgment on this matter was entered on August 21,2000, pursuant to a Petition to Enter Judgment, to which Defendant Carignan did not respond. 2. Denied. The salvage value of the items removed from the subject property was credited against the contract price. 3. The Plaintiff does not possess sufficient knowledge to either admit or deny this averment and it is therefore denied. COUNT 3 I. This averment constitutes a conclusion of law to which no response is required. By way of further answer, the issue raised in this averment was the subject of an order issued by Judge Oler in the matter docketed at No. 94-3422 Equity Term, authorizing the Plaintiff to clean-up the subject property through the use of a contractor, which order was affirmed by the Commonwealth Court, Accordingly, Defendant Carignan is barred by res judicata or collateral estoppel from litigating this issue once again. COUNT 4 1. Denied. The Plaintiff cleaned-up the subject property pursuant to an order issued by Judge Oler and the value of the items was used to reduce the amount owed on the contract with Peny County Metals. By way of further answer, to the extent that this issue was not previously litigated in the matter docketed at No. 94-3422 Equity Term, Defendant Carignan has in any event waived his rights to raise this issue since judgmenton this matter was entered on August 21, 2000, pursuant to a Petition to Enter Judgment, to which Defendant Carignan did not respond. WHEREFORE, Plaintiff, Township of Silver Spring respectfully requests that this Honorable Court enter judgment against Defendant Carignan in the amount of$II,312.80 and that the subject property be sold to recover the amount thereof. ij~l':Hll I""""""~' ~ cJl1~ ".. f-,.' .," ~ . - p. Respectfully submitted, JAMES, SMITH, 1,1 1', 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 11th 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 1711 0 ST , STINE RE JAMES, SMITH, DURKIN & CONNELLY LLP r r ~, - r I" 1'1 I 'I 1'1 U 1'[ I'i -... ~,- ,-< ',.., - < " . < 'n".'~' ~..~ .,,- - ,"~ .~-~ '~~'~'-. " - ~-,-,. o ~ -ob.! rfl\-:, ~~~'- eJ) ~~ 2.c~ ~~; -'7 ~ -< co -- - .-'''' 1;:;" .......': ~"D "'-,~ o "n ~ ~. ~-' ~~I'~'l'IirF\'ii!!.,m!!M~~~i!~~,II!l!J;!Ill~1i/i5fJrw",:;W~2'~('<)!;j,~""i"""W"'lTil'""m"'\I"~"!,.,!';';1'''n~:li'!!~<J;!W!')HllPf4*''0IlC!''ffii~ilMWI~I''''>m~1t" :j'1."'!~ _ ~ ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING Plaintiff, Vs. GREGG R CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF 0 A DEFAULT JUDGMENT MAYB TYOU. / I HEREBY CERTIFY THAT rHE ADDRESS OF THE PLAINTIFF IS: 6475 Carlisle Pike Mechanicsburg. PA 17050 AND THE DEFENDANT(S): Jean DePasquale, Executrix c/o Richard Placey, Esquire 3631 North Front Street Harrisburg, PA 17110 CERTJF1CATE OF WCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL EST ATE AFFECTED BY THIS LIEN IS 6495 arl" e nicsburg, P A 17050 "__...1 . . - CIVIL DIVISION "71..c. 61-/70/ ~ I~ NO. 00-6476 MLD Term CIVIL ACTION - WRIT OF SCIRE FACIAS FILED ON BEHALF OF: Township of Silver Spring, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Steven A. Stine, Esquire Pa. 1.0. #44859 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JAMES. SMITH, DURKIN & CONNELLY LLP . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING CIVIL DMSION Plaintiff, No. 00-6476 MLD Term v. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 COUlt 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 SHOULD 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 ,~"' ", 1- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING CIVIL DMSION Plaintiff, No. 00-6476 MLD Term v. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. A VISO USTED HA SIDO DEMONDADOI A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y 0 bjecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede pro ceder sin usted y un fallo por cualquier surna de dinero reclamada en 1a demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTEn DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIAT AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 't",'1!'jI IT.'''':" ,_~ ,_ , "' ,e ~ ,~ '" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING CIVIL DIVISION Plaintiff, No. 00-6476 MLD Term v. GREGG R. CARIGNAN and JEAN DEPASQUALE, Executrix of the Estate of Guy J. DePasquale Defendants. TO: PROTHONOTARY SIR/MADAM: Please issue a Writ of Scire Facias in the aboy. By: Stev Atto or Plaintiff PALD.#44859 P.O, Box 650 Hershey, P A 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: Gregg R. Carignan and Jean DePasquale, Executrix WHEREAS, the Township of Silver Spring, on September 22, 2000, fIled its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 00-6476 MLD Term, for the sum of $11,312.80 for labor and materials to clean up the property at 6495 R Carlisle Pike, Mechauicsburg, Pennsylvania 17050 due the said Township of Silver Spring, said Claim filed against property owned by you as legal owner or equitable owner in the Township of Silver Spring, located at 6495 R Carlisle Pike, Mechanicsburg, Pennsylvauia 17050 tax parcel #38-19- 610-005, owned or reputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due and unpaid, and remains a lien against the said property; 'l~ . I >~. .-,- ~,- 1- NOW, you are hereby notified to me your Affidavit of Defense to said Claim, if defense you have thereto, in the Office of the Prothonotary of our said Court, within twenty (20) days after the service of this Writ upon you. If no Affidavit of Defense is filed within said time, Judgment may be entered against you for the whole Claim, and the property described in the Claim be sold to recover the amount thereof. ~. .R,f q ~__' (SEAL) PROTHONOTARY Costs: $24.00 pd atty $ 1,00 County $ 5.00 Sat Fee Due ,~;;- , 'oJ, , -I'. - 1 -, . ~.