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Home My WebLink About08-5986Dobson Limited Family Partnership IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION ??}} Gregg R. Carignan : NO. (J Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 Dobson Limited Family Partnership IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION Gregg R. Carignan NO. Oy- P? FG µ- Defendant COMPLAINT 1. Plaintiff is Dobson Limited Family Partnership (Dobson) which has an address of 445 South Cameron Street, Harrisburg, PA 17101. 2. Defendant Gregg R. Carignan is an individual with an address of 3507 Margo Road, Camp Hill, PA 17011. 3. By virtue of a deed recorded in the Cumberland County Recorder of Deeds office, Dobson owns real estate located at 6495 Carlisle Pike Rear, Silver Spring Township, Cumberland County, PA (hereafter subject property). See Exhibit "A" for a copy of said deed. 4. Defendant has placed numerous items of personal property which he owns on subject property. 5. By way of a letter received by Defendant on August 26, 2008, Plaintiff demanded that Defendant remove the personal property from subject property on or before September 15, 2008. 6. Defendant refuses to remove the personal property from subject property. 7. Defendant has no legal basis which would allow him to keep his personal property on the subject property against the wishes of Plaintiff. 8. Defendant's refusal to remove the aforesaid items of personal property from subject property constitutes a continuing trespass. 9. The aforesaid continuing trespass is interfering with Plaintiff s use of subject property and is damaging Plaintiff a minimum of $1,500.00 per month. 10. By not removing the aforesaid items of personal property from subject property, Defendant is acting with reckless indifference to the rights of Plaintiff to use subject property in a manner of Plaintiff's choosing. WHEREFORE, Dobson Limited Family Partnership requests the following: A) The Court issue an injunction directing that Gregg R. Carignan remove all of the items of his personal property from 6495 Carlisle Pike Rear, Silver Spring Township, Cumberland County, PA; B) Judgment be entered against Gregg R. Carignan in the amount of $1,500.00 per month beginning on October 15, 2008 and accruing an additional $1,500.00 on the 15th day of each month after October 2008 until such time as Gregg R. Carignan has removed all of the items of his personal property from 6495 Carlisle Pike Rear, Silver Spring Township, Cumberland County, PA; and C) Judgment be entered against Gregg R. Carignan for punitive damages. YOFFE & YOFFE, P.C. Date: October 3, 2008 By Je ey N. Yo e, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net Dobson Limited Family Partnership IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION Gregg R. Carignan NO. Defendant VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true 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. §4904 relating to unworn falsification to authorities. Dobson Family Partnership Dated: By ' L4:-Z" Name: Philip J. o on Title: General Partner t 0A Qi 6 THIS DEED Made this -T day of "xin the year Two Thousand Seven (2008). ---A BETWEEN Jean DePasquale, Executrix of the Estate of Guy J. DePasquale, Deceased, of Cumberland County, Pennsylvania, party of the first part, Grantor AND Dobson Limited Family Partnership, of Dauphin County, Pennsylvania, party of the second part, Grantee WITNESSETH, that in consideration of------------ $1.00----------- Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, its Heirs and Assignees, ALL THAT CERTAIN piece, parcel or tract of land lying and situate in Silver Spring Township, Cumberland County, Pennsylvania, as described in accordance with a subdivision plan prepared by Robert G. Hartman, Jr., professional engineer, dated July 31, 1980, bearing drawing number 14-80 as recorded in Cumberland County Plan Book 41, Page 82, and designated as Lot No. 2 on said subdivision plan which premises are bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Lot No. 1 on the aforesaid subdivision plan at line of lands now or formerly of Medico Realty Company; thence along Lot No. 1 south 88 degrees, 30 minutes 0 seconds east 160 feet to a point at line of lands now or formerly of Fiala, Inc.; thence along same south 4 degrees, 26 minutes 0 seconds west 125.38 feet to a point on the northeast side of a proposed 50 foot wide right-of-way; thence along same north 88 degrees, 30 minutes, 9 seconds west 160 feet to a point in line of lands now or formerly of Medico Realty Company; thence along same north 4 degrees, 26 minutes 0 seconds east 125.38 feet to the point and place of BEGINNING. CONTAINING 20,034.52 square feet of land. Being known and numbered as 6495 Carlisle Pike (and being the rear thereof) and also by the Cumberland County Tax Assessment designation of 39-19-1610-005. Being Tract 2 of the same which was conveyed by Guy J. DePasquale and Jean DePasquale, his wife, to Guy J. DePasquale by their deed dated July 23, 1993 and recorded in Cumberland County Deed Book K, Volume 36, Page 1088. Guy J. DePasquale died testate on November 28, 1994 and Jean DePasquale was appointed as the Executrix of his Estate to proceedings docketed to #21-1994-1073 in the Register of Wills Office of Cumberland County, Pennsylvania, and the said Jean DePasquale continues to serve as such. On September 20, 2007 subject real estate was sold (as the property of the Grantor herein) to the Grantee herein at a Cumberland County Tax Claim Bureau Upset Sale. EXHIBIT "A" This deed is in the nature of a confirmatory deed confirming the aforesaid tax sale to Grantee herein. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever, thereunto belonging or in any wise appertaining and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever, of the said Grantor. TO HAVE AND TO HOLD the said lots or pieces of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said Grantee, its heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year aforewritten. ESTATE OF GUY J. DePASQUALE B J r y G.Q aEAL) JEAN DePASQUALE, E? ec trix I hereby certify that the precise residence of the Grantee is 445 South Cameron Street, Harrisburg, PA 17101. y Yoh? "0. C, By: Alj. COMMONWEALTH OF PENNSYLVANIA COUNTY OF H On this, the ? day of A"2 officer, 008 before me a Notary Public, the undersi ed personally appeared, Jean DePasquale, Executrix of the Estate of Guy J. DePasquuale, Deceased, known to me, (or satisfactorily proven) to be the person whose within instrument, and acknowledged that she executed the same for the is subscribed a the contained. purposes therein IN WITNESS WHEREOF, I hereunto set my hand and seal. 4i "N ev" - ??1t-J spy _ COMMONWEALTH OF PENNSYLVANIA NOT PUBL C My Commission Expires: NOTARIAL SEAL TAMARA S. HAIR, Notary Public . ' ? *` Susquehanna Twp., Dauphin County M n p , ; . y COMMissiOn Expires August 26, 2006 EXHIBIT "A" SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: i ? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200823610 Recorded On 7/11/2008 At 11:25:34 AM * Instrument Type - DEED Invoice Number - 24922 User ID - AF * Grantor - DEPASQUALE, GUY J * Grantee - DOBSON LIMITED FAMILY PARTNERSHIP * Customer - YOFFE * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $16.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3,00 CUMBERLAND VALLEY SCHOOL $,0.00 DISTRICT SILVER SPRING TOWNSHIP $0-.00 TOTAL PAID $43.50 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EXHIBIT "A" 1 (J ik [1 1 4 (?v C? «e.> r.a C .? m "T] ?Y (,J C?7 1"'d3 i r' 090 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05986 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOBSON LIMITED FAMILY PARTNERS VS CARIGNAN GREGG R MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARIGNAN GREGG R the DEFENDANT , at 1405:00 HOURS, on the 9th day of October , 2008 at 3507 MARGO ROAD CAMP HILL, PA 17011 by handing to NANCY CARIGAN MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Postage .42 Surcharge 10.00 00 4111.107 C,1- 4 Sworn and Subscibed to before me this day of 11 So Answers: R. Thomas Kline 10/10/2008 YOFFE & YOFFE By: Deputy Sheriff A. D. 0 1 DOBSON LIMITED FAMILY PARTNERSHIP rat i . VS. GREGG R. CARIGNAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2NS-5"6 CARIGNAN'S RESPONSE TO DOBSON99 COMPLAINT AND C iGNANT AND NOW, comes, Gregg Carignan, Defendant in this matter and states the following in response to Dobson's Complaint; 1. Admitted. 2. Denied. Defendant, Gregg R. Carignan, only receives mail from 3507 Margo Road, Camp Hill, PA 17011. 3. Denied. The real estate located at 6495 Carlisle Pike Rear, Silver Spring Township, Cumberland County, PA (hermfler the subject property) was placed for auction at a tax sale September 20, 2007 held by Cumberland County and at that time the deed passed to Cumberland County for safe keeping. 4. Admitted. The subject property was purchased by Cargpw fi+om the DePasquale's in the early 1980's and has been his residence ever since. 5. AdWjW* That Carignan received a letter from Plaintiffs attorney demanding remov#1 'perignan's personal property from the subject property the exact . date it was received is unknown. 0 6. Denied. Defendant values his possessions the Plaintiff lacks the legal authority to make the demand that Defendant remove them. 7. Denied It is the Plaintiff who lacks the legal basis to demand the removal of Carignan's possessions. 8. Denied. The statement is a legal conclusion to which no response is 9. Denied. That the aforesaid is a continuing trespass and is a legal conclusion that no response is necessary. The Plaintiff is not entitled to use of the subject property as per his alleged claim as he is not the legal title holder. Carignan denies that the Plaintiff is entitled to damages strict proof is demanded. 10. Denied The Plaintiffs statement is a legal conclusion to which no response is required. _ , W, Su 1. Early in the 1980's Carignan entered into an agreement to lease / purchase the subject property from the Depasquale's. 2. Carignan completed paying for the subject property but title was not transferred to Carignan. 3. The Subject property in this action was listed for sale at Cumberland County tax Sale of September 20, 2007. 4. The subject property was knocked down to Philip Dobson. 5. Carignan did not receive constructive notice of the tax sale or tax notices which lead Carignan to timely filing objections to the sale In Re Tax Sale of Cumberland County of September 20, 2007 at 2007-5738 civil (this case is still unresolved). d. On or about March 7 2008, Dobson approached Jean DePasquale for a confirmatory deed to the subject property. 7. This deed (See Exhibit "A" Plaintiff's Complaint) constitutes an legal agreement between Mr. Dobson and the Depasquale's but not a legal deed transfer as the DePasquale's lost title to the subject property pursuant to the Tax Sale of September 20, 2007 further the DePasquale's did not file any objections to the tax sale to protect their interest in the subject property as did Carignan. 8. Dobson nor Dobson Limited Family Partnership has been issued a title from The County Tax Claim Bureau as this matter is unresolved and the tax sale is unconfirmed. 9. Legal transfer of the subject property may only be done through the transfer of the deed from the Tax Claim Bureau to the Plaintiff. 10. Plaintiff's action is premature as he has no rights to the subject property at this time. 11. This action is frivolous and meant only to harass and damage the Defendant causing him to expend time and money on his defense of the matter to the sum of Five hundred dollars. WHEREFORE, Carignan Respectfully requests the following: (A) Invalidate the deed recorded in this matter (Exhibit "A" of The Plaintiff's Complaint). (B) Dismiss this action as premature. (C ) Enter sanctions against the Plaintiff in the amount of $500.00 in favor of the Defendant and what ever other sanctions The Court may deem fair and just. Respectfidly submitted, Date: / D g Gregg Carignan 3507 Margo Road Camp Hill, PA 17011 (717) 802-7333 VERIFICATION I, Gregg Cangnan, Defendant, in the above named action, states the statunents and facts contained within are tree and correct to the best of my knowledge and belief, I understand that this verification is made subject to the penalties of 18 PA.C.S. Ss 4904, relating to unworn falsification to authorities. Date; O olO? Gregg Carignan 3507 Margo Road Camp Hill, PA 17011 (717) 802-7333 111 CERTMCATE OF SERVICE I, the undersigned hereby certify that I served true and correct copy of Carignan's Statement of Matters Complained of by placing a copy of the same in the United States mail, pre-paid postage, addressed to: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Daft: 3 0 0 ? Op Gregg Carina 3507 Margo Road Camp Hill, PA 17011 (717) 802-7333 rt, F V PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Dobson Limited Family Partnership vs. Gregg R. Carignan No. 08-5986 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeffrey N. Yoffe, Esq., 214 Senate Avenue, Suite 404, Camp Hill, PA 17011(717) 975-1838; jyoffe@vedzon.net (Name and Address) (b) for defendants: Defendant is pro se. Defendant's address is 3507 Margo Road, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 3, 2008 Print your name 11112/2008 Attorney for Plaintiff Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Jr ? Dobson Limited Family Partnership Plaintiff vs Gregg R. Carignan Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 08-5986 Civil Term CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual. Service was accomplished by mailing the same to the address indicated. Gregg R. Carignan 3507 Margo Road Camp Hill, PA 17011 Date: November 12, 2008 YOFFE & YOFFE, P.C. By A, &FFY N. YOF E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 0- -7 s DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-5986 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this day of December, 2008, the preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. Defendant shall have twenty days from the date of this order to file responsive pleadings to the complaint. By Edgar B. Bayley, J. Jeffrey N. Yoffe, Esquire For Plaintiff V Gregg R. Carignan, Pro se 3507 Margo Road Camp Hill, PA 17011 sal 04P&EC ma t ISCL wit-, _.:? ?_? :: __. --- ._. r, ?:? ? t =.- -- _. l a r:^ ?? d DOBSON LIMITED FAMILY PARTNERSHIP PLAINTIFF VS. GREGG R. CARIGNAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 200&5986 CARIGNAN'S RESPONSE TO DOBSON'S COMPLAINT AND CARIGNAN'S NEW MATTER.AS PER ORDER OF THE COURT DATED DECEMBER 4,.2008 AND NOW, comes, Gregg Carignan, Defendant in this matter and states the following in response to Dobson's Complaint; 1. Admitted. 2. Denied. Defendant, Gregg R. Carignan, only receives mail from 3507 Margo Road, Camp Hill, PA 17011. 3. Denied. The real estate located at 6495 Carlisle Pike Rear, Silver Spring Township, Cumberland County, PA (hereafter the subject property) was placed for auction at a tax sale September 20, 2007 held by Cumberland County and at that time the deed passed to Cumberland County for safe keeping. 4. Admitted. The subject property was purchased by Carignan from the DePasquale's in the early 1980's and has been his residence ever since. 5. Admitted, That Carignan received a letter from Plaintiff's attorney demanding removal of Carignan's personal property from the subject property the exact date it was received is unknown. 6. Denied. Defendant values his possessions. The Plaintiff lacks legal title to the subject property to make the demand that Defendant remove his possessions. 7. Denied. It is the Plaintiff who lacks the legal basis to demand the removal of Carignan's possessions. 8. Denied. The statement is a legal conclusion to which no response is necessary. 9. Denied. That the aforesaid is a continuing trespass and is a legal conclusion that no response is necessary. The Plaintiff is not entitled to use of the subject property as per his alleged claim as he is not the legal title holder. Carignan denies that the Plaintiff is entitled to damages strict proof at trial is demanded. 10. Denied. The Plaintiffs statement is a legal conclusion to which no response is required. QA MGNAN'S NEW MATTER 1. Early in the 1980's Carignan entered into an agreement to lease / purchase the subject property from the DePasquale's. 2. Carignan completed paying for the subject property but title was not transferred to Carignan. I The Subject property in this action was listed for sale at Cumberland County tax Sale of September 20, 2007. 4. The subject property was knocked down to Philip Dobson. 5. Carignan did not receive constructive notice of the tax sale or tax notices which lead Carignan to timely filing objections to the sale In Re Tax Sale of Cumberland County of September 20, 2007 at 2007-5738 civil and in the Commonwealth Court at No. 1561 CD 2008 (this case is still unresolved). 6. On or about March 7 2008, Dobson approached Jean DePasquale for a confirmatory deed, to the tax sale of September 20, 2007, to the subject property. 7. This deed (See Exhibit "A" Plaintiff s Complaint) constitutes an legal agreement between Mr. Dobson and the Depasquale's but not a legal deed transfer as the DePasquale's lost title to the subject property pursuant to the Tax Sale of September 20, 2007, further the DePasquale's did not file any objections to the tax sale to protect their interest in the subject property as did Carignan. 8. Dobson nor Dobson Limited Family Partnership has been issued a title from Cumberland County, and the tax sale of September 20, 2007 is legally unresolved and the sale, as it relates to the subject property, is unconfirmed. 9. Legal transfer of the subject property may only be done through the transfer of the deed from Cumberland County to the Plaintiff. 10. Plaintiffs action is premature as he has no rights to the subject property at this time. 11. This action is frivolous and meant only to harass and damage the Defendant causing him to expend time and money on his defense of the matter to the sum of Five hundred dollars. WHEREFORE, Carignan Respectfully requests the following: (A) Invalidate the deed recorded in this matter (Exhibit "A" of The Plaintiff s Complaint). (B) Dismiss this action as premature. (C) Enter sanctions against the Plaintiff in the amount of $500.00 in favor of the Defendant and what ever other sanctions The Court may deem fair and just. Respectfully submitted, Date: 1 zo? Gregg Carignan 1394 West King Street York, PA 17404 (717) 802-7333 VERIFICATION 1, Gregg Carignan, Defendant, in the above named action, states the statements and facts contained within are true and correct to the best of my knowledge and belief; I understand that this verification is made subject to the penalties of 18 PA.C.S. Ss 4904, relating to unworn falsification to authorities. Date. 2- .2 Z o' Gregg Carignan 1394 West King Street York, PA 17404 (717) 802-7333 CERTIFICATE OF SERVICE I, the undersigned hereby certify that I served true and correct copy of, Carignan's Response to Dobson's Complaint and Carignan's New Matter, as per Order of the Court Dated December 4, 2008, by placing a copy of the same in the United States mail, pre- paid postage, addressed to: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Date: All /08- -12 Carignan Gregg 1394 West King Street York, PA 17404 (717) 802-7333 r_-? _... - ., i. "7 ?' ??. '°-i ? (? 7 T _ ?"1 j C+.,; , } L !'a,y Tt r?, .. ,.? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. 1Z for trial without a jury. OF CASE ------------------------------------------------ CAPTION (entire caption must be stated in full) (check one) W1 Civil Action - Law Dobson Limited Family Partnership ? Appeal from arbitration ? (other) (Plaintiff) VS. The trial list will be called on March 17, 2009 and Gregg R. Carignan Trials commence on April 13, 2009 (Defendant) Pretrials will be held on March 25, 2009 VS. (Briefs are due S days before pretrials No. 08-5986 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esq.; Ph: (717)975-1838; 214 Senate Avenue, Suite 404, CamD Hill. PA 17011 Indicate trial counsel for other parties if known: Pro Se This case is ready for trial. Y Yoffie, P. C. Signed: B Print Name: Jeffrey N. Yoffie, Esq. Date: February 17, 2009 Attorney for: Plaintiff 4 16 Dobson Limited Family Partnership Plaintiff vs Gregg R. Carignan Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 08-5986 Civil Term CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual. Service was accomplished by mailing the same to the address indicated. Gregg R. Carignan 3507 Margo Road Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: February 17, 2009 By FFRE N. YOF , SQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 Cam' C 'D F ;... co $ t ?1 t _ 3 •JJ DOBSON LIMITED FAMILY IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT 08-5986 CIVIL TERM ORDER OF COURT AND NOW, this :?a 0A day of March, 2009, a trial shall be conducted on the within case in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Tuesday, March 24, 2009. By th Zieffrey N. Yoffe, Esquire For Plaintiff ? Gregg R. Carignan, Pro se 3507 Margo Road Camp Hill, PA 17011 :sal Edgar B. AlNr) a0 ud C- 8VU 6aoz a DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-5986 CIVIL TERM IN RE: COMPLAINT FOR INJUNCTION ORDER OF COURT AND NOW, this _2?6 day of March, 2009, IT IS ORDERED: (1) Gregg R. Carignan shall, not later than twenty (20) days from this date, remove all of his personal property located on the real estate, and access right-of-way, constituting 6495 Carlisle, Pike, Rear, Silver Spring Township, Cumberland County. (2) In order to accomplish said removal, Carignan may enter the property, including the vacant house if it contains any of his personal property, during the next twenty days between 7:00 a.m. and 7:00 p.m. He shall not damage the house or the real estate. (3) As to any such personal property not removed by Carignan in the next twenty days, Dobson Limited Family Partnership may remove and dispose of such property. (4) If Dobson Limited Family Partnership removes and disposes of any such property as authorized it may seek an additional hearing for the entry of a judgment against Carignan for the cost of such removal and disposition. Edgar t > cr: U -T 71 GU- LLJ cm, C') N 08-5986 CIVIL TERM Jeffrey N. Yoffe, Esquire For Plaintiff ./dregg R. Carignan 1394 West King Street York, PA 17404 sal CcTt*cx m.-)-LLL 3??Joy -2- DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5986 CIVIL TERM IN RE: COMPLAINT FOR INJUNCTION OPINION AND ORDER OF COURT Bayley, J., March 26, 2009:-- Plaintiff, Dobson Limited Family Partnership, filed a complaint against defendant, Gregg R. Carignan, seeking an order directing him to remove his personal property located on both the real estate and a fifty foot right-of-way accessing 6495 Carlisle Pike, Rear, in Silver Spring Township, Cumberland County. A hearing was conducted on March 24, 2009. Carignan defended on his claim that he owns 6495 Carlisle Pike, Rear. On September 20, 2007, the subject real estate was sold as the property of Guy J. DePasquale at a tax sale to the Dobson Limited Family Partnership for $35,289.10. Gregg Carignan filed timely exceptions and objections to the sale. Following a hearing, an order was entered on July 15, 2008, dismissing the exceptions.' In an opinion filed in support of the order, this court found, inter alia, that Carignan was not an owner of ' In re Return and Report of an Upset Tax Sale held by the Cumberland County Tax Claim Bureau on September 20, 2007, 07-5738 (July 15, 2008). 08-5986 CIVIL TERM the property.2 On March 7, 2008, Jean DePasquale, Executrix of the Estate of Guy J. DePasquale, executed a deed which was recorded on July 11, 2008, in the Office of the Recorder of Deeds of Cumberland County, conveying 6495 Carlisle Pike, Rear to Dobson Limited Family Partnership. The deed sets forth that property was conveyed by Guy J. DePasquale and Jean DePasquale, his wife, to Guy J. DePasquale by their deed dated July 23, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book K, Volume 36, Page 1088. The deed further recites: Guy J. DePasquale died testate on November 28, 1994 and Jean DePasquale was appointed as the Executrix of his Estate to proceedings docketed to #21-1994-1073 in the Register of Wills Office of Cumberland County, Pennsylvania, and the said Jean DePasquale continues to serve as such. On September 20, 2007 subject real estate was sold (as the property of the Grantor herein) to the Grantee herein at a Cumberland County Tax Claim Bureau Upset Sale. This deed is in the nature of a confirmatory deed confirming the aforesaid tax sale to Grantee herein. Carignan introduced into evidence in this case a written lease to the property by him, with an option to purchase, with Guy J. DePasquale and Jean M. DePasquale for a term from August 1, 1980 until July 31, 1997.3 Carignan lived in a house on the property for many years. The house is now vacant, is without electric and water 2 Carignan filed an appeal which is pending in the Commonwealth Court of Pennsylvania. 3 It is the same document that he introduced into evidence in the tax sale case. The metes and bounds do not exactly conform to the description of the property in the deed from the DePasquale estate to Dobson Limited Family Partnership. -2- 08-5986 CIVIL TERM service, and is in need of significant repairs.' Carignan never obtained title to the property. The property contains a "mountain" of junk, trash and debris on both the real estate and the right-of-way accessing the real estate. Carignan acknowledges that this material is his although he testified that certain items have value to him.' Carignan's material on the right-of-way and real estate completely blocks vehicular access to the property. Plaintiff is in the business of buying, renting and selling properties. It wants to rehabilitate the house on 6495 Carlisle Pike, Rear, and lease the property. It is impossible to do this until Carignan's material on the property is removed. "An injunction will issue where the party seeking to stop an invasion of his real property has a clear right to the property in question." King v. Rock, 415 Pa. Super. 605 (1992), citing Williams v. Bridy, 391 Pa. 1 (1957). Plaintiff has established that its right is clear. Carignan must remove his personal property which constitutes a continuing trespass to real property. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this 71 day of March, 2009, IT IS ORDERED: (1) Gregg R. Carignan shall, not later than twenty (20) days from this date, remove all ' The house has been declared blighted by the Blighted Property Reinvestment Board of the Cumberland County Redevelopment Authority. 5 This material has been a bone of contention between Silver Spring Township and Carignan for years and has been the subject of litigation in this court. -3- 08-5986 CIVIL TERM of his personal property located on the real estate, and access right-of-way, constituting 6495 Carlisle, Pike, Rear, Silver Spring Township, Cumberland County. (2) In order to accomplish said removal, Carignan may enter the property, including the vacant house if it contains any of his personal property, during the next twenty days between 7:00 a.m. and 7:00 p.m. He shall not damage the house or the real estate. (3) As to any such personal property not removed by Carignan in the next twenty days, Dobson Limited Family Partnership may remove and dispose of such property. (4) If Dobson Limited Family Partnership removes and disposes of any such property as authorized it may seek an additional hearing for the entry of a judgment against Carignan for the cost of such removal and disposition. By the Edgar B. Bayley, J. Jeffrey N. Yoffe, Esquire For Plaintiff Gregg R. Carignan 1394 West King Street York, PA 17404 :sal -4- DOBSON LIMITED FAMILY PARTNERSHIP PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. GREGG R. CARIGNAN DEFENDANT CIVIL ACTION NO. 2008-5985 CARIGNAN'S PETITION /MOTION FOR RECONSIDERATION AND STAY IN THIS MATTER AND THE ACTION APPEALED TO THE COMMONWEALTH COURT AND EXPEDITIOUS CONSIDERATION AND RULING AND NOW, comes, Gregg Carignan, Defendant in this matter and states the following in support of this Petition /motion; New evidence has been found in the form of a copy of a deposition of Guy Depasquale , Taken April 8, 1993, in the matter of Guy J. DePasquale and Jean M. DePasquale vs. Gregory R. Carignan, Was found on March 26, 2009 in a stack of old papers in the house of Carignan's Parents. 2. The Statements of Mr. DePasquale contained within this deposition directly supports Carignan's assertions that he had entered into an agreement to buy the property at, known as, 6495 Carlisle Pike rear and it was entered into around April 1, 1982 as Page 15 of the deposition attached hereto as Exhibit # 1. 3. The Statements of Mr. DePasquale Contained within this deposition also answers why the lease and the Sales Agreement description of the property did not match as shown on Page 64 of the deposition Attached hereto as Exhibit #2. 3. This deposition calls into question the creditability of Mr. Dobson who testified that the DePasquale's never told him of Carignan's interest in the property and that Carignan's Agreement/lease was for the front of 6495 Carlisle Pike. 4. Additionally, Dobson does not have title to the 6495 Carlisle Pike Rear Property pursuant to the findings in Sprock (Attacheted hereto as Exhibit #3) which Carignan argued in this case. The only title in this action and filed by Dobson was the deed conveyed by the DePasquale's to Dobson, this Deed is invalid pursuant to the findings in Sprock. The title is held entrust by the Cumberland County Tax Claim Bureau and to which Dobson has not received title from Cumberland County, because in good conscious The County can not convey clear title to Dobson while this case is still under appeal. The title is held by Cumberland County as trustee until the Resolution of the disputed tax sale of September 20 2007 Common Pleas No. 2007-5738 Commonwealth N9. 1561 CD 2008 M by statute the County as it is obligated to transfer title free and clear of title disputes except for those liens, mortgages, ate as protected by law. This Court cites Williams v, Bridy, 391 Pa. 1, 136 A.2d 832 (1957). This case states; An injunction will issue where the party seeking to stop an invasion of his real property has a clear right to the property in question. Emphasis added Dobson does not have clear title to the property in this matter, as argued by Carignan not that Carignan was the owner. Carignan also took the position that in lue of this Courts refusal and in defiance to tide of evidence that he entered into and agreement to purchase the subject property in the tax sale case, has a lease/sales agreement to this property. This Court states the lease agreement between the DePasquales and Carignan ended July 31, 1997 the lease states on page 6 section 15 B (I) Landlord shall have the right to continue this Lease in full force and effect, and the Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. 6. No evidence was introduced that the Depasquale's ever terminated Carignan`s possession therefore the Lease is still in effect and pursuant to landlord tenant law Carignan's lease continues on a month to month basis since it is this Court's refusal to recognize, that Carignan entered into the sales agreement with the DePasquales on or about April 1, 1982, the new evidence found further evidences that Carignan has ownership interest. Carignan's usage of the property does not constitute an invasion of the property at 6495 Carlisle Pike Rear these items were on the property prior to Dobson Bidding on the property. Dobson's right to relief is neither clear nor absolute. Carignan can not comply with this Court's order. Carignan does not have the financial resources to comply with the removal of almost 30 years worth of his life's accumulations both inside and out. Carignan attempted to file an appeal In Forma PauperkW attached hereto as Exhibit #4 and Denied by Judge Bailey. Carignan can not afford to hire or take the time from work to remove all of his possessions, in the short time allowed by this order, as he can not afford any loss of income. Carignan is set up with a no win scenario for him whereby his inability to remove all of his possessions which he can not do within the allotted time frame and the removal by Dobson will likely result in a judgment against Carignan further financially harming him. No testimony was offered that Carignan has the ability to comply with this order. Carignan will be irreparably harmed if this order remains in full force and effective loss of his possessions and a judgment against him for the clearing of the house and surrounding ground around the house at 6495 Carlisle Pike Rear. Dobson's entrance upon the property is premature as the Tax Claim Bureau has not given him title to the property. The title to the subject property is in the trust of the Tax Claim Bureau Pursuant to Sprock. The deed conveyed from the DePasquale's to Dobson is invalid pursuant to the findings in Stook Carignan temporarily lives in West York with a friend in a small 500 sq ft apt full of his friend's possessions with no room for Carignan's possessions. Dobson takes the position that if the tax sale is set aside that he has an even stronger right to title. Carignan disagrees. The invalid title conveyed to Dobson was in the nature of confirmatory deed pursuant to the tax sale. Carignan believes that the Depasquales had nothing to lose by signing, and gained the illegal removal of Carignan's stuff on 6495 Carlisle Pike Front because signing the conveyance 6 months after the tax sale their rights to the property had been terminated and this deed was only conveyed because it is only a: [....confirmatory deed confirming the aforesaid tax sale to Grantee herein]. Wherefore in full consideration of the petition Carignan prays for reconsideration and relief be granted and or considered. Date: ? w Q Respectfully submitted, Gregg Carignan 1394 West King Street York, PA 17404 (717) 802-7333 VERIFICATION I, Gregg Carignan, Defendant, in the above named action, states the statements and facts contained within are true and correct to the best of my knowledge and belief; I understand that this verification is made subject to the penalties of 18 PA.C.S. Ss 4904, relating to unsworn falsification to authorities. Date; d qaz I . ,?? Gregg Carignan 1394 West King Street York, PA 17404 (717) 802-7333 CERTIFICATE OF SERVICE I, the undersigned hereby certify that I served true and correct copy of, Carignan's Response to Dobson's Complaint and Carignan's New Matter, as per Order of the Court Dated December 4, 2008, by placing a copy of the same in the United States mail, pre- paid postage, addressed to: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Date: d Gregg Carignan 1394 West King Street York, PA 17404 (717) 802-7333 15 d 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i we get to them. ' BY MR. PORTKO: Q You signed a lease agreement with the defendant on August 1, 1980, correct? A Right. Q And you signed an installment sales agreement on April 1, 1982? A Right. Q Is it your position that defendant elected the option around April 1, 1982? A Yes. Q What happened to the installment sales. agreement that you signed? A I gave it to Greg. He said he was going to have his lawyer look at it and then return a signed copy to me. Q Is that what you mean in paragraph eight of your complaint when you state that the agreement was never returned? A The complaint? Q Yes. A That's what I mean there yes. Q The installment sales agreement is a{-tached to your complaint, correct? A Right. GEIGER & LORIA REPORTING SERVICE, 2408 PARK DR.. SUITE S. MBG.. PA 17110 717-541.1508 OR 1800.222 4577 i i 64 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said he wanted to run to and from there on he would hook up himself later on. Q My second question is: Have you at any time prepared an actual deed pursuant to the lease option and installment sales agreement, is there a deed? A I prepared a sample deed which was attached to the lease and to the installment sales agreement. (Discussion held off the record.) A I prepared a legal description. BY MR. PORTKO: Q Have you corrected the legal description to show that the sideline should be 125 feet as opposed to 100 feet? A I don't know if I did or not. MR. RADEBACH: I think not and I'll tell you why. (Discussion held off the record.) A I was told that the township wanted that to be 125 feet rather than 120. Originally it was for 120 and then it was 125 and then we made the description conform with this. BY MR. PORTKO: Q At the appropriate time it will be GEIGER & LORIA REPORTING SERVICE. 2408 PARK DR., SUITE B, HOG.. PA 17110 717-541.1508 OR 1.800-222 4577 1 ?oar?ww,e? 'Wimw MW W JeIJe1S Muiel/y u! Aregeg s Aingee ?AM* e18?ed?? ono H111 W113AW IM I t IN THE COMNIONWEALTI-I COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : v. : No. 3256 C.D. 1998 ROSE SPRO CK, a/k/a ROSALIE SPROCK, Appellant COMMONWEALTH OF PENNSYLVANIA : V. No. 3257 C.D. 1998 CARL SPROCK, a/k/a CARL A. SPROCK :ARGUED: November 4 1999 Appellant BEFORE: HONORABLE JOSEPH T. DOYLE, Senior Judge' HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE JOSEPH F. McCLOSKEY, Senior Judge OPINION BY SENIOR JUDGE DOYLE FILED: April 11, 2002 Rose and Car 1 Spr-ock appeal from the convictions and sentences Ordinance 347. We reverse the trial court's orders and vacate the Sprocks' imposed on them by the Court of Common Pleas of Somerset County for summary violations of the Borough of Central City's Safe Property Maintenance Ordinance, sentences. 'This case ixas x-,signed to the opinion xcriter pnor to the date «hen President Judge lloN le assumed the slalus of senior judge on Januan i _ 2()02. C, ' [ , 4; The Sprocks acquired ownership of Lot No. 1 of Block 47 on Sunshine Avenue in Central City- by deed dated September 26, 1979, as recorded in Somerset County Deed Book, Volume 845, page 407. The Sprocks tailed to pay the real estate taxes on the property for the years 1981 through 1987. As a result of that failure, the Somerset County Tax Claire Bureau (Bureau) offered the property for sale at a tax sale on September 14, 1987, at the upset price of $9,942.70. However, no bids were received that met or exceeded the upset price and the property was not sold. The Bureau took no f a-ther action with regard to the property and simply allowed it to remain in its inventory of unsold property, and the Sprocks continued to be listed as the owners of record. Approximately ten years later, in June 1997, the Borough adopted Ordinance 347 to govern the maintenance of private property within the Borough. 11 The Borough issued citations against the Sprocks on October 21, 1997, pursuant to Section 6 of Ordinance 347, alleging that they had failed to maintain the property. Section 6 of the ordinance states, in relevant part as follows: No owner of any building or structure shall fail to take steps and perform such maintenance thereto, as may be required from time to time, to ensure the property- is safe, sound, sanitary and secure and does not present a health and/or safety hazard to surrounding properties and to the general populace. Central City, Pa. Ordinance 347, sec. 6(1) (June 24, 1997). The ordinance defines an owner as any- person or persons, jointly or severally, film corporation or other- entity which, either by conveyance or inheritance or otherwise, is vested with the title to a lot aiidlor improvement thereto or N?,ho J retains the exclusive control of such a lot and/or improvements thereto in his capacity as a legal representative, such as an adtninistrator, trustee, executor, etc. Id. sec. 4. A district justice found the Sprocks gtulty of violating the ordinance. They appealed their convictions to the Court of Common Pleas where a hearing was held on June 24, 1998. ' At the hearing, the parties stipulated to the facts just recited as well as to the fact that the condition of the property established that there was a violation of the ordinance. 3 `' The Sprocks were charged individual]} the trial court consolidated the cases. The following exchange took place between the Borough Solicitor, Mr. Frantz, and the Sprocks' attorney, Mr. Carroll: MR. FRANTZ [Borough Solicitor]: 1 think we stipulated that there is a violation-- MR. CARROLL Ithe Sprocks' attomeyl: Oh, yes. I'm sorr . We would also stipulate that on the date in question, October 21, 1997, it would be very reasonable for am observer to conclude that there is a violation of the ordinance in that the condition of the propert}- does show that maintenance has not been performed and the property is not in a safe, sound and sanitary condition. We stipulate to that. We do not stipulate that the Sprocks are responsible for that. MR. C ARROLL: l he Sprocks are not challenging that the propert} violates the ordinance. The, challenge that they are the ones responsible for it. (Notes of"l'estimom_ N. V_ Hearing ofJune 24. 1998. at (,-7). 3 Common Pleas determined that the Sprocks were the owners of the property for purposes of the ordinance and were thus guilty of the violations because they were listed as the owners of record. As already stated, the Sprocks do not contest the fact that the violations existed at the property or that no irregularities occurred in the tax sale proceedings. The single question presented for our review is whether the Sprocks, for purposes of Ordinance 347, were the owners of the property after the property had been offered at a tax sale by the Bureau, and there were no bidders prior to the issuance of citations pursuant to the Ordinance.' The Sprocks assert that they were not the owners of the property when the citations were issued because the Bureau took title to the property when it offered it to the public at the upset tax sale. The Commonwealth maintains that the Sprocks are responsible under the ordinance because they were the owners of record at the time that the citations were issued. We begin our analysis with an examination of the Real Estate Tax Sale Law (Law).' When the owner of a property fails to pay real estate taxes on that property, the amount of those taxes becomes a first lien against the property and is filed with the tax claim bureau of the county in which the property is located. Sections 301, 302 and 315 of the Law, 72 P.S. §§5860.301, 5860.302 and ' Our standard of review is limited to determining v?hether the trial court abused its discretion, rendered a decision I' ith lack of supporting evidence, or clearly erred as a matter of law. Casadav v. Clearfield County TcLc Claim Bureau, 627 A.2d 257 {Pa. CmNN]th. 1993). Act of July 7, 1947, P.L. 1368, as amended, 73 P. S. §§5860.101-5860.803. 4 5860.315. If the lien is not satisfied, the tax claim bureau will, after notice and opportunity to cure, offer the property for sale at an upset tax sale. Section 601 of the Law, 72 P.S. §5860.601. A property owner may satisfy the lien(s) against his property by paying the amount of the lien(s) to the tax claim bureau prior to an upset sale or he may bid on the property at the upset sale. Section 501 of the Law, 72 P.S. §5860.501. After the upset sale, the owner of the property is prohibited from redeeming it. Section 607(g) of the Law, 72 P.S. §5860.607(g), if no bids are received that equal or exceed the upset price, the Bureau is required, within the following twelve months, to petition the court for permission to conduct a judicial sale. Section 616 of the Law, 72 P.S. §5860.616.' If insufficient bids are received at a judicial sale, the Bureau must continue to hold the property in its repository of unsold property and may advertise it periodically and accept an offer of any price for the property. Sections 626 and 627 of the Law, 72 P.S. §§5860.626 and 5860.627. The owner of a property may not, however, repurchase his property at either a judicial sale, a private sale, or from the Bureau's repository of unsold property. Section 618 of the Law, 72 P.S. §5860.618.7 When a tax claim bureau b Section 616 of the Law provides as follows: If within the period of ten (10) months after the date of the scheduled upset sale, the bureau has not filed a petition for a judicial sale under section 610 or the propert}, has not been sold at private sale, the bureau shall, within the next immediately following two (2) months, file a petition for judicial sale of the propert} in the manner set forth in section 610. 72 P.S. §5860,616. Section 618 of the Law provides, in part, as follows: (a) 'The owner shall have no right to purchase his own property at a judicial sale, a private sale or from the bureau's repository for unsold property under the provisions of this act. (Footnote continued on next page...) 5 sells a property at an upset sale or from its inventory and delivers a deed to the new owner, that "deed shall be in the naive of the bureau as trustee grantor." Sections 608 and 615 of the Law, 72 P.S. §§5860.608 and 5860.615 (emphasis added). No greater control can be exercised over a piece of real property than the act of disposing of it and such control cannot be exercised unless the person or entity that exercises such control has the statutory authority to do so. A tax claim bureau is empowered to dispose of a tax delinquent property the moment it concludes an upset sale; it may either convey title to the successful bidder at the upset sale if the price is met, or it may, alternatively, convey title at a later- judicial sale or, failing that, it may, with the written consent of the taxing district involved, `.accept an offer of any price ... without court approval and published notice of sale." Section 627(a) of the Law, 72 P.S. §5860.627(a). To exercise such control, however, the tax claim bureau must have the statutory authority to convey good title to the property in some manner. Sections 608 and 615 of the Law instruct that the deed to a tax delinquent property sold at an upset sale shall be conveyed by the bureau as trustee, which is a person or entity holding legal title to property- for the benefit of another. Thus, it is clear that a tax claim bureau must become trustee of a property at the moment it concludes the upset sale, that is, when the property is struck down, and legal title to the tax delinquent property passes to the tax claim bureau, (continued...) 72 P.S. §5860-018(a). 6 as trustee, at that time, which is the most appropriate time for that to happen because the owner's right of redemption at that time is extinguished.' We so hold.' We now apply our holding to the case at hand. The trial court concluded that the Sprocks were the owners of the property because it was transferred to them by deed and they remained the owners of record. The trial court concluded fin-ther- that "the Tax Claim Bureau does not hold the property as an administrator, trustee or executor." (Trial Court Opinion at 3). We respectfwly disagree. At the time that the citations in this matter were issued, the Sprocks may have been the owners of record but the subject property had been previously offered at an upset tax sale and title to the property had, therefore, passed to the Bureau, as trustee. Ordinance 347 defines an "owner" of property as "any person or persons ... or other entity An owner who is the successful bidder for his own property at an upset sale is not redeeming his property. He is, instead, outbidding all other interested parties and there is no guarantee that the price he eventually pays will not be far in excess of what it would have cost to redeem the propert}- before the sale. He cannot, of course, bid less than the upset price. We note that upon enactment of the Law, it was required that "property already- in the hands of the taxing authorities prior to (the Law'sl effective date, ... should be turned over to the Tax Claim Bureau ...." Bernitskv v. Count} oJ'Schuvlkill, 381 Pa. 128, 131, 112 A.2d 120, 122 (1950. And, upon such an event, "ta]ll rights and title vested in the Bureau, as trustee." Id. This transfer to the tax claim bureau "-occurs by operation of law." Petition of County Commissioners off,'avette Count', 386 Pa. 382. 385, 126 A.2d 737. 739 (1956). Similarly, at an upset sale, where there are no bids of the upset sale price, all rights in the property, i.e., legal title, are transferred from the owners of the property- to the tax claim bureau, as trustee, by operation of law. Addressing this principle in Bernitskv, Justice Allen M. Steame stated: "The Legislature changed the provisions of redemption provided in the Act of 1941, ... (by the 1947 Real Estate Tax Sale Law), by stating that title to all properties acquired by- the taxing authority as a result of delinquent real estate tax sales shall be delivered to the Tax Bureau as trustee , Rernitskv at 132, 112 A.2d at 123: and, quoting Justice Jones from Tremont Township School District Appeal, 366 Pa. 404. 409. 77 A.2d 403, 405 (1951), articulated the operative principle that: "Indeed it might well be considered to have occurred automatically because of the law's positive direction. Bernitskv at 133. 112 A.2d 123. 7 which, either by conveyance or inheritance or othervnise, is vested with the title to a lot and/or improvement thereto or who retains the exclusive control of such a lot and/or improvements thereto in his capacity as a legal representative, such as an administrator, trustee, executor, etc." Central City, Pa. Ordinance 347, sec. 4 (emphasis added). The drafters of the Ordinance wisely require us to look beyond the mere fact of record title to see if there is, in addition, some person or entity who exercises "control" of a property in some capacity. In this case that entity is the Bureau. According to the definition of "owner" in Ordinance 347, the Tax Claim Bureau of Somerset County was the owner of the property as trustee at the time the citations were issued. Accordingly, we determine that the trial court committed an error of law when it determined that the Sprocks were the owners of the property for purposes of Ordinance 347 at the time that the citations were issued, and we reverse the orders of the Court of Common Pleas of Somerset County and set aside the Sprocks' convictions for summary violations of Ordinance 347. JOSEPH T. DOYLE, Senior Judge 8 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : V. : No. 3256 C.D. 1998 ROSE SPROCK, a/k/a ROSALIE SPROCK, Appellant COMMONWEALTH OF PENNSYLVANIA V. No. 3257 C.D. 1998 CARL SPROCK, a/k/a CARL A. SPROCK, : Appellant ORDER NOW, April 11, 2002 , the orders of the Somerset County Court of Common Pleas in the above-captioned matters are hereby reversed, and the convictions of Rose Sprock, a/k/a Rosalie Sprock, and Carl Sprock, a/k/a Carl A. Sprock, for summary violations of the Borough of Central City's Ordinance No. 347 are set aside. JOSEPH T. DOYLE, Senior Judge n ^? ,.. ' ? 4? , J J+ ? rj ?` !?y?? ' a? ? `? } _ ? - a l ""? DOBSON LIMITED FA ILY PARTNERSHIP, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGG R. CARIGNA , DEFENDANT 08-5986 CIVIL TERM ORDER OF COURT AND NOW, this ?'- day of April, 2009, the within petition for reconsideration and stay in an action appealed to the Commonwealth Court, IS DENIED. By Court, ?'Mw Edgar B. Bayley, J. effrey N. Yoffe, Esquir For Plaintiff regg R. Carignan , d 139y .l?,n Cam Q Hill, PA 17,011 ?O R? ? ? ? II c,.? :sal CV CO) n ,wx -Li COR C.4 DOBSON LIMITED FAMILY PARTNERSHIP PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. GRECG R. CARIGNAN DEFENDANT CIVIL ACTION NO. 208-5986 SUPPLEMENT TO C PETITIO ATLON F BKgQNWfjWU0-N AN ST YIN THIS MATTER AND THE ACTION AvvFSi.FD TO THE 7'H CQULT. AND E PPEI}ITWS C1)OT??ZATION AND R?JIrU1TG AND NOW, Gregg Carignan, files an erroneously omitted Exhibit # 4, attached hereto, from his original petition to complete his filing ofApril 6 2009. Date: % 2 O Respectfully submitted, Gregg R Carignan 1394 West King Street York, PA 17404 (717) 802-7333 CERTIFICATE SERVICIF I, the undersigned hereby certify that I served true and correct copy of Supplement to Carignan's petition /motion for reconsideration and stay in this matter and the action appealed to the Commonwealth Court and expeditious consideration and ruling by placing a copy of the same in the United States mail, pre-paid postage, addressed to: Jeffrey N. Yoffie, Esquire 214 Senate Avenue,. Suite 404 Camp Hill, PA 17011 Date: 2 or Gregg R. Carignan 1394 West King Street York, PA 17404 (717) 802-7333 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRIMINAL V. CHARGE: S ?5-?F 3,-.7-10 67,- W f?, ` `z r, `% 14'-1 AFFIANT: fVl b ?171- ? n q Request to file Summary Appeal In Forma Pauperis TO THE HONORABLE JUDGES OF SAID COURT: 31cdo4 I hereby request that this Court permit me to proceed in forma pauperis and/or assign counsel. In support of this I state the following: fi(lC LAT. RFCTIRTTY N(1 G D UL fe IY CAT ARV OR WArPZ- 4r QQ vRD• ?1..I fI TOTAL INCOME FOR PAST TWELVE MONTHS FROM Ai i SOURCES: S ay y a?ow ? I AM PRESENTLY UNEMPLOYED. THE DATE OF MY LAST EMPLOYMENT WAS: SALARY OR WAGES: PER: TYPE OF WORK: OTHER INCOME RECEIVED WITHIN THE PAST TWELVE MONTHS Bl iSINESS OR PROFESSION: &dw INTEREST: NOM t OTHER SELF-EMPLOYMENT: A&V t DIVIDEND: .)/o • c PENSION AND ANNUITIES: Poll e SUPPORT PAYMENTS: d S _ SOCIAL SECURITY BENEFITS: Nee t DISABILITY PAYMENT N? WORKMAN'S COMPENSATION: Ndrt A. PUBLIC ASSISTANCE.- hid l -INTMPL O•YMENT COMPENSATION AND SUPPLEMENTAL BENEFIT'S: v'0 -L e ( E"11ER: PAGE 1 OF 2 ( j t COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF CUMBERLAND VS. COUNTY, PENNSYLVANIA GREGG R. CARIGNAN SUMMARY CRIMINAL NO. DEFENDANT'S PETITION TO PROCEED IN FORMA PAUPERIS AND NOW COMES, the Defendant in this matter, Gregg R. Carignan, and states the following in support of this petition. 1. Defendant is unable to pay the fee to appeal this case. 2. Defendant is without savings. 3. Defendant does not have a checking account due to his lack of funds. 4. Defendant cannot barrow the monies for the cost of this appeal. 5. Defendant does not own any credit cards. 6 Defendant lives on only $500.00 per month. 7. Defendant pays $400.00 in rent per month. 8. Defendant is left with $100.00 per month for food and essentials. 9. Defendant is innocent of this charge. 10. Defendant does not own anything that he could sell to raise the monies for the appeal fee. WHEREFORE, the Defendant for the reasons contained within, respectfully requests and prays that the fee for the appeal be waived or set aside and he be permitted to proceed In Forma Pauperis in this case. Date; 4/06 Gregg R Carignan 1394 W, King Street York, PA 17404 (717) 802-7333 VERIFICATION I, Gregg Carignan, Petitioner, states the statements and facts contained within are true and correct to the best of my. knowledge and belief; I understand that this verification is made subject to the penalties of 18 PA.C.S. Ss 4904, relating to unsworn falsification to authorities. Date; 3 d C? Gregg R Carignan 1394 W. King Street York, PA 17404 (717) 802-7333 2,009 APR 23 PH 3.21 ¦ DOBSON LIMITED FAMILY PARTNERSHIP PLAINTIFF vs. GREGG R. CARIGNAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 208-5986 CAR NAN' NQ]KN O CLAM THE O F THIS- C DATED APRIL 13,240-9- 1. The petition for reconsideration was for the case No. 2008-5986 not the case appealed to the Commonwealth Court, as the order of April 13, 2009 seems to suggests, this Court has lost jurisdiction to reconsider the opinion appealed to the Commonwealth court, 2. Carignan sought a stay in the rase No. 2008-5986 as well as the case appealed to the Commonwealth Court thus the two separate orders attached to the petition. Carignan understands, from the order that; A stay in the matter appealed to the Commonwealth Court is deviled. Reconsider in the matter appealed to the Commonwealth Court is dented Carignan seeks the following clarification; Does the order deny the stay in case No. 2008-5986? Does the order deny the reconsider of the order dated March 26, 2009? OF THE 1 11 ! VARY 2009 APR 23 P 3.2 1 DOBSON LIMITED FAMILY PARTNERSWP PLAINTIFF vs. GREGG R. CARIGNAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION NO. 28A&"% NOTICE QF APPS AND QRAER FOR T &,'RWS TO BE FUJ" NOTICE IS HEREBY GIVEN, that Gregg Carignan, Petitioner in the above named aetion, hereby appeals to the Commonwealth Court of Pennsylvania from the Order and Opinion entered in this matter on the 26 day of March 2,009 and the denial of reconsideration filed after. NOTICE IS HEREBY GIVEN to the official court reporter and ordered to produce, certify and file the transcripts in this matter, to the extent the same has not already been ate. Date: 2 0 Gregg R. Carigvan 1394 West King Street York, PA 17404 (717) 802-7333 • %.Ijpi ICATEOF S. BBCE L the undersigned hereby certify that I served true and correct copy of Carignan's notice of appeal and order for transcripts to be filed by placing a copy of the same in the United States mail, pre-paid postage, addressed to: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Mill, PA 17011 Date: O Gregg R. Carignan 1394 West King Street York, PA 17404 (717) 802-7333 DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-5986 CIVIL TERM ORDER OF COURT AND NOW, this I day of April, 2009, the within petition for reconsideration and stay in an action appealed to the Commonwealth Court, IS DENIED. By a Court, ,,A Edgar B. Bayley, J. /" Jeffrey N. Yoffe, Esquire For Plaintiff Gregg R. Carignan 3507 Margo Road Camp Hill, PA 17011 :sal DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-5986 CIVIL TERM IN RE: COMPLAINT FOR INJUNCTION ORDER OF COURT AND NOW, this _Zf"C' day of March, 2009, IT IS ORDERED: (1) Gregg R. Carignan shall, not later than twenty (20) days from this date, remove all of his personal property located on the real estate, and access right-of-way, constituting 6495 Carlisle, Pike, Rear, Silver Spring Township, Cumberland County. (2) In order to accomplish said removal, Carignan may enter the property, including the vacant house if it contains any of his personal property, during the next twenty days between 7:00 a.m. and 7:00 p.m. He shall not damage the house or the real estate. (3) As to any such personal property not removed by Carignan in the next twenty days, Dobson Limited Family Partnership may remove and dispose of such property. (4) If Dobson Limited Family Partnership removes and disposes of any such property as authorized it may seek an additional hearing for the entry of a judgment against Carignan for the cost of such removal and disposition. 08-5986 CIVIL TERM Jeffrey N. Yoffe, Esquire For Plaintiff Gregg R. Carignan 1394 West King Street York, PA 17404 :sal -2- DOBSON LIMITED FAMILY PARTNERSHIP, PLAINTIFF V. GREGG R. CARIGNAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5986 CIVIL TERM IN RE: COMPLAINT FOR INJUNCTION OPINION AND ORDER OF COURT Bayley, J., March 26, 2009:-- Plaintiff, Dobson Limited Family Partnership, filed a complaint against defendant, Gregg R. Carignan, seeking an order directing him to remove his personal property located on both the real estate and a fifty foot right-of-way accessing 6495 Carlisle Pike, Rear, in Silver Spring Township, Cumberland County. A hearing was conducted on March 24, 2009. Carignan defended on his claim that he owns 6495 Carlisle Pike, Rear. On September 20, 2007, the subject real estate was sold as the property of Guy J. DePasquale at a tax sale to the Dobson Limited Family Partnership for $35,289.10. Gregg Carignan filed timely exceptions and objections to the sale. Following a hearing, an order was entered on July 15, 2008, dismissing the exceptions.' In an opinion filed in support of the order, this court found, inter alia, that Carignan was not an owner of 'in re Return and Report of an Upset Tax Sale held by the Cumberland County Tax Claim Bureau on September 20, 2007, 07-5738 (July 15, 2008). 08-5986 CIVIL TERM the property.' On March 7, 2008, Jean DePasquale, Executrix of the Estate of Guy J. DePasquale, executed a deed which was recorded on July 11, 2008, in the Office of the Recorder of Deeds of Cumberland County, conveying 6495 Carlisle Pike, Rear to Dobson Limited Family Partnership. The deed sets forth that property was conveyed by Guy J. DePasquale and Jean DePasquale, his wife, to Guy J. DePasquale by their deed dated July 23, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book K, Volume 36, Page 1088. The deed further recites: Guy J. DePasquale died testate on November 28, 1994. and Jean DePasquale was appointed as the Executrix of his Estate to proceedings docketed to #21-1994-1073 in the Register of Wills Office of Cumberland County, Pennsylvania, and the said Jean DePasquale continues to serve as such. On September 20, 2007 subject real estate was sold (as the property of the Grantor herein) to the Grantee herein at a Cumberland County Tax Claim Bureau Upset Sale. This deed is in the nature of a confirmatory deed confirming the aforesaid tax sale to Grantee herein. Carignan introduced into evidence in this case a written lease to the property by him, with an option to purchase, with Guy J. DePasquale and Jean M. DePasquale for a term from August 1, 1980 until July 31, 1997.3 Carignan lived in a house on the property for many years. The house is now vacant, is without electric and water s Carignan filed an appeal which is pending in the Commonwealth Court of Pennsylvania. 3 It is the same document that he introduced into evidence in the tax sale case. The metes and bounds do not exactly conform to the description of the property in the deed from the DePasquale estate to Dobson Limited Family Partnership. -2- L I- p8-5986 CIVIL TERM 4 Carignan never obtained title to the service, and is in need of significant repairs. s " of ' unk, trash and debris on both the real property. The property contains a mountainI that this nan acknowledges ri ht-of-way accessing the real estate. Carig estate and the g 5 Cari9nap's testified that certain items have value to him. material is his although he t material on the right-of-way and real estate completely blocks vehicular access to the property. and selling properties. It wants to Plaintiff is in the business of buying, renting It is the house on 6495 Carlisle Pike, Rear, and lease the property. rehabilitate th this until Carignan's material on the property is removed. "An impossible to do where the party seeking to stop an invasion of his real property has injunction will issue e ro erty in question." King v. Rock, 415 Pa. Super. 605 (1992), a clear right to th p P citing Williams v. Bridy, 391 Pa. 1 (1957). Plaintiff has established that its right is clear. Carignan must remove his personal property which constitutes a continuing trespass to real property. Accordingly, the following order is entered. ORDER OF COURT day of March, 2009, IT IS ORDERED: AND NOW, this i nan shall, not later than twenty (20) days from this date, remove all (1) Gregg R. Car g " been declared blighted by the Blighted Property Reinvestment Board The house has of the Cumberland County Redevelopment Authority. ownship and ver Spring 5 This material has been a bone of contention between li at on iln this courtT , Carignan for years and has been the subject o g -3- 08-5986 CIVIL TERM of his personal property located on the real estate, and access right-of-way, constituting 6495 Carlisle, Pike, Rear, Silver Spring Township, Cumberland County. (2) In order to accomplish said removal, Carignan may enter the property, including the vacant house if it contains any of his personal property, during the next twenty days between 7:00 a.m. and 7:00 p.m. He shall not damage the house or the real estate. (3) As to any such personal property not removed by Carignan in the next twenty days, Dobson Limited Family Partnership may remove and dispose of such property. (4) If Dobson Limited Family Partnership removes and disposes of any such property as authorized it may seek an additional hearing for the entry of a judgment against Carignan for the cost of such removal and disposition. By the Edgar B. Bayley, J. Jeffrey N. Yoffe, Esquire For Plaintiff Gregg R. Carignan 1394 West King Street York, PA 17404 :sal -4- FILED.. Til-IlE 2009 APR 23 Pr 3.' 2 g?,?• 4 15220104232009 Cumberland` civil ty PPrintnotary's Office PYS510 Case 2008-05986 DOBSON LIMITED FAMILY PARTNERS (vs) CARIGNAN GREGG R Filed......... Reference No... Case Type COMPLAINT Time.......... ...... Judgment...... 00 Execution Date Judge Assigned: BAYLEY EDGAR B Jury T.... Disposed Desc.: rial Disposed Date. ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 10/06/2( 3 0/00/01 0/00/01 General Index Attorney Info DOBSON LIMITED FAMILY PLAINTIFF YOFFE JEFFREY N PARTNERSHIP 445 SOUTH CAMERON STREET HARRISBURG PA 17101 CARIGNAN GREGG R DEFENDANT 3507 MARGO ROAD CAMP HILL PA 17011 * Date Entries FIRST ENTRY _ _ 10/06/2008 COMPLAINT - CIVIL ACTION FILED BY JEFFREY N YOFFE ESQ FR PLFF ---------------------------------------------------------- _ 10/10/2008 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CARIGNAN GREGG R Address..: 3507 MARGO ROAD Ctyy/St/Zp• CAMP HILL, PA 17011 Hnd To: NANCY CARIGAN MOTHER Shf/D ty.: MICHELLE GUTSHALL Date/Time: 10/09/2008 1405:00 Costs....: $42.42 Pd By: YOFFE & YOFFE 10/10/2008 ------------------------------------------------------'_-------- 10/30/2008 CARIGNANS RESPONSE TO DOBSONS COMPLAINT AND CARI GNAT PRELIMINARY OBJECTIONS AND NEW MATTER - BY GREGG CARIGNAN DEFT 11/13/2008 PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFTS PRE7NARy -------------------------------------------------- OBJECTIONS - BY JEFFREY N YOFFE ATTY FOR PLFF -------------------------------------------------- 12/04/2008 ORDER OF COURT --124/08 IN RE: PRELIMINARY OBJE( ISSEDDEFT BYTp PLFFS COMPLAINT THE PRELIMINARY OBJ CTIONS ARE EDGAR B BAYLEY J - COPIES MAILED 12/4/08 -----------------------------------------------ITS NEW ---IGNANS RE -AND 12/22/2008 ASRPER DOBSDATEDONS - BYCMATTER ---------------------------------------------- - 2/18/2009 PRAECIPE FOR LISTING CASE FOR TRIAL - JEFFREY-r,FE ATTY FOR PLFF 3/03/09 3/03/2009 ORDER OF IN RE: TRIAL CONDt'-3COP?E9 AT 8:45 IN CR 9 CUMB CO COURTHOUSE BY EDGAR B BAYL--___ LED 3/03/0 --------------------------------------------RE COMP- 3/26/2009 OPINION AND ORDER OF COURT - DATED 3/26/09) 3/26/09 I1VT FOR INJUNCTION - BY EDGAR B BAYLEY J - COPIES P-------- ------------------------------------------ TS-MATT 4/06/2009 CARIGNANS PETITION FOR RECONSIDERATION ANr'ND EXPEDI OUSR AND THE ACTION APPEALED TO THE COMMONWEALTH C' CONSIDERATION AND RULING - BY DEFT ----------------------------------------- TION-- -__'------- 4/13/2009 ORDER OF COURT - 4/13/09 IN RE: CARIGN MOTION FOR E ACTION APP RECONSIDERATION AND STAY IN THIS MATTER RATION AND PEA ED TO THE COMMONWEALTH COURT AND EXPEDITIOUS COTES MAILED RULI g 4/1370 PETITION IS DENIED - BY EDGAR B BAYLEY- - - - - - - - - - - - - - - - - - - LAST ENTRY*********,?**x*,?*,?****'. * Escrow InformatiEnd Bal * Fees & Debits Beg Bal Pymts/Ad- 15220104232009 Cumberland County Prothonotary's Office Page 2 PYS510 Civil Case Print 2008-05986 DOBSON LIMITED FAMILY PARTNERS (vs) CARIGNAN GREGG R Reference No..: Filed........: 10/06/2008 Case Type...... COMPLAINT Time.......... 3:08 Judgment...... 00 Judge Assigned: BAYLEY EDGAR B Execution Date Jury Trial... 0/00/0000 Disposed Desc.: ------------ Case Comment - . Disposed Date. 0/00/0000 s - --------- -- Higher Crt 1.: *************************************** ************** Higher Crt 2.: ** ************ ************ COMPLAINT 55.00 55.00 00 TAX ON CMPLT .50 .50 . 00 SETTLEMENT 8. 00 8.00 . .00 AUTOMATION 5.00 5.00 00 JCP FEE 10.00 10.00 . 00 PRAECIPE TRIAL 25.00 25.00 . 00 SUBPOENA ----- 3.00 --------- 3.00 -- . ..00 106.50 -------- --- 106.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** S.- _............,. 7 ithoiiotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 5012 - 10/99 10/1/99 Commonwealth Court of Pennsylvania www.aopc.org May 13, 2009 RE: Dobson Limited Family Partnership v. Carignan No.: 579 CD 2009 Agency Docket Number: 2008-5986 Filed Date: April 23, 2009 Notice of Docketing Appeal A Notice of Appeal from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within sixty (60) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Party Name Party Type Gregg R. Carignan Gregg R. Carignan Appellant Jeffrey N. Yoffee, Esq. Dobson Limited Family Partnership Appellee Address all written communications to: Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Filings may be made in person at the following address (except on Saturdays, Sundays and holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Sixth Floor Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Pleadings and similar papers (but not paperbooks or certified records) may also be filed in person only at: Office of the Chief Clerk Commonwealth Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 560-5742 The hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.m. Under Pa.R.A.P. 3702, writs or other process issuing out of the Comonwealth Court shall exit only from the Harrisburg Office. FILED-D, t= OF THE RP", - 2009 MAY 14 P 12: 1 ? Gt?d k, ?i4: Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 - - - - -------7/17/2009 - AOPC 1231 Rev .0 ---------------------------------------------------------------------------------------------------------------------- IN THE COMMONWEALTH COURT OF PENNSYLVANIA Dobson Limited Family Partnership V. Gregg R. Carignan, Appellant No. 579 C.D. 2009 ORDER Now, July 16, 2009, having been informed by the trial court that transmittal of the original record in the above-captioned matter is being delayed because appellant has failed to order and pay for the transcript, appellant is hereby directed to order and pay for the transcript in this matter and submit to this court a certificate indicating compliance with this order within fourteen days of entry of this order, or this matter shall be dismissed as of course. Pa. R.A.P. 1911. The Chief Clerk is directed to send a copy of this order to The Honorable Edgar B. Bayley, Judge, and to the Prothonotary of Cumberland County. J. Certified from the Record ,1K 17 2009 and Order Exit FILED-OFFICE OF THE PRCT NO`S CTARY 2009 JUL 20 AM 11: 2 t CUMbt:- .?ND wul", PEN 'YLVAN A Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ---------------------------------------------- AOPC 1231 Rev.12/17/2009 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Dobson Limited Family Partnership V. Gregg R. Carignan, Appellant No. 579 C.D. 2009 PER CURIAM O R D E R NOW, December 16, 2009, upon consideration of appellant's `petition to reinstate," which we shall treat as an application for reconsideration of this Court's order dated November 30, 2009, and it appearing that a petition for allowance of appeal has been filed in the Pennsylvania Supreme Court from this Court's opinion and order at No. 1561 C.D. 2008, our order dated November 30, 2009 is vacated and the above- captioned appeal is re-instated. This matter is again STAYED pending disposition of the petition for allowance of appeal filed in the Pennsylvania Supreme Court. Appellant shall notify this Court not later than thirty days after disposition of the petition for allowance of appeal by the Supreme Court of Pennsylvania. Certified from the Record DEC 17 2009 and Order Exit T!lr: 2009 OE C 18 Fr'i 2: 0 7 I r' ;`, F ~ i ,r' Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ----------- ----------------------------------------------------------------------------------------------------------------------- AOPC 1231 Rev.10l04J2010 f ~: ~=~i IN THE COMMONWEALTH COURT OF PENNSYLVI~ ~ t`~a `.~1i'~a=; `;' .; ,. f r,1°~ r ~ r, Dobson Limited Family Partnership v. Gregg R. Carignan, PER CURIAM Appellant ORDER ~: 08- S9~G No. 579 C.D. 2009 NOW, October 1, 2010, upon consideration of appellant's status report, the Court concludes that the present matter is moot, as all direct appeals from the tax sale have now been exhausted in the state courts. Accordingly, the above-captioned appeal is dismissed as moot. Certified from the Record QCT 0 4 2010 And Order Exit