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Post Info TOPIC: Add another one to Joe's 'loss column"


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City man loses bid to block course sale

SCRANTON Commonwealth Court on Wednesday dismissed the arguments of a government critic who sought to block the 2003 sale of the Scranton Municipal Golf Course.

The Energizer Bunny of losing lawsuits.

-- Edited by Art Gordon at 09:27, 2008-01-17

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I was hoping he would win this one. I think that selling the course was wrong.

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John,

I have mixed feelings about the golf course being sold, but my feelings about Pilchesky and his additiction to filing lawsuits is pretty clear. You see, I don't think Pilchesky gives a crap about the golf course or those who use it. In fact, if it were sold during an Evans administration (damn, I felt dirty just writing that) you probably wouldn't hear a (bo) peep from him. No, the golf course was just another potential club that Pilchesky could use to try and harm people who are guilty of the high crime of not being liked by Joe Pilchesky.

Bottom line, Pilchesky has ZERO CREDIBILITY in issues like this. On the opposite end of the spectrum, Chris Phillips has a ton of credibility when it comes to the sale of the South Side Complex (which I absolutely opposed), as he used the field regularly and as a result was able to passionately talk about why the sale was (and is) a big mistake. I don't think he had any motives other than wanting to keep the field available for softball leagues. Contrast that with blowhard mock-attorney Pilchesky.



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Fvck you, clown. Sue me.

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Phillips and Vutnosky probably would have been fairly successful in at least delaying the sale (if not stopping it outright) if that ******* didn't stick his face into it.

Congrats, Joe. Your interference on the behalf of the people helped cost us a ball field. No one else to blame for this but yourself, dick.

Yes, Joe, I said US. We actually used the place. A lot. I doubt you could have found it with a map.

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Sometimes it seems that he is just trying to **** up everthing he touches - just so that he can rant and rave about the administration and it's 'network' and how the little guy gets screwed -- Cripes, he is the one screwing us over.

I'd appreciate a little dinner and a movie before I get screwed.

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I'm not trying to apolgize for J.P. I just think the whole golf course deal stinks. I'll never understand why it was considered an emergency to sell it.

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Topless Robot

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Hey JJ, you've got nothing to explain. You're totally entitled to be upset about the golf course - or anything else.

Our complaint (in general) is that Joe usually makes things worse, not better.

I'd love the city to still own a golf course too. I also realize my chances of that happening became zero once that tool got involved.

Welcome aboard. Anything goes here. Unless you threaten to kill a guy, no one will ban you or ask you to leave. On the contrary - the free acceptance of your feelings on the issue should make you feel like you can say what you want.

Amazing. Unlike the nuthouse, no one here called you names or asked Joe to ban you. Hmmmm.

-- Edited by Art Gordon at 19:23, 2008-01-17

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DD: Where logic & proportion have fallen sloppy dead.

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John,

Ditto what Art said.

I think all of us enjoy having a healthy discussion about issues here. Given the name of the board, most of what is posted has to do with serial-plaintiff & bully Joe Pilchesky, but I think just about anything else is fair game. We've even had the likes the David "Green Volvo" Evans post here, so you know we are open to different ideas (and Mr Janet Evans is full of "different" ideas).


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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.


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Is that what he is full of AG ... and here I just thought he was full of $hit!

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I't not over yet. Stacy Brown did not report the truth. JP does in fact have standing. Check out the ruling, JP has it posted.

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Surprised to hear the above person say the the truth wasn't reported. Read the decision. Also, PUKEboy is always going to spin. He'll re-file and waste more court time.

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and more tax dollars!

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Stacy, why are you surprised? You reported that the case was dismissed because he did not have standing. The ruling clearly state that he does have standing, but was dismissed for other reasons. I suggest you read it, and then report on it. Please explain what part of this he is "spinnig", I read the document, it's right from the court.

Look, I'm not a JP apologist, but I don't agree with selling our parks.

And Lus, tax payers dollars are already wasted by selling this course. This belongs to all of us. The courts are supposed to be a way of settling disputes.

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I stand firmly behind the report. And it's fine that you want to hatch your wagon to that clown. Not my problem as we've continued to prove beyond all doubt that we have never needed approval from him or his small band of followers. Be well.

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As far as selling "our parks," the golf course was sold several years ago and I don't believe there are any plans whatsoever to sell Nay Aug, Connell, Weston or any other park. And when you think of all the ways in which taxpayer money has been wasted in the past two plus years you need look no further than the clown who has filed three dozen or more lawsuits which have mostly been nothing more than an ego trip and worthless grandstanding

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Stacy,

Are you for real? I stated very clearly that I'm not a JP apologist. So, I'm not "hitching" (not sure what hatching is) my wagon to anybody. Your words are in print, you reported he lost on standing, and that's not true. Man up and correct yourself.

Also it shouldn't matter that it was sold several (3 years?) years ago, it's still a park, just like Nay Aug.

If not the court, then where else to settle disputes? High noon on Maint St?.......................... I don't think so.

What's right is right, and wrong is wrong.

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A few thoughts...

...as I understand it, the city CAN NOT sell Nay Aug, by viture of how the land was deeded to the city. The same may be true of Connell Park as well. I'm not as sure about Weston Field.

...John, if not for lack of standing, what were the other reason(s) why the suit was dismissed? Could you copy & paste from the decision the part that you believe indicates these reasons? I'm not doubting you (or Stacy for that matter), but rather than going back and forth, this could be answered pretty easily with the actual language.


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Well for my part this is my take on this event

1. I wasn't real thrilled with the following comment

:::Stacy Brown did not report the truth.::

Thus implying that Stacy lied. I have seen no evidence to support that Mr. Brown would or has ever lied, nor can I think of any way that he could get away with it since all these things can be independently varified. At worse a "mistake" could be made but nothing more sinister than a mistake.

2. Since Stacy has replied that he stands firmly behind his report I am inclined to believe him...why?? If I have to either believe Clarence or Stacy...there is simply no contest there...Stacy wins without a doubt.

3. Clarence still believes he won by settling his suit with the DA (I guess that means they won also as they also settled but in Clarence's twisted world they lost...go figure!) Thus his "perception" of the truth and reality are slightly strange if you ask me.

Therefore I shall except Stacy Brown's account until it has been proven otherwise by someone with a little more credibilty than Clarence.

-- Edited by IHavehadenoughofhaters at 11:02, 2008-01-19

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Sorry, I tried to post thelink to theruling but I failed. Stacy Brown got one part right, the case was dismissed, however it was not because of standing.Anyway, if you want to see for yourself, the ruling from the court is posted on DD, it is an Adobe file that is a copy of the courts ruling. It cleary says JP has standing. Read it for yourself. It also explains why it was dismissed.

In the start of this thread is a link to the article written by Stacy Brown that says JP's case was dismissed becausehe has nostanding. The proof of the truthis clearly written.

Lus, are you sure that the poster Stacy Brown is indeed the reporter Stacy Brown from the Times Tribune?

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100% sure John ... I spoke with him on the telephone and confirmed the fact that he is the poster.

He provided a phone number and extention at the TT that he could be reached at ... it's him.

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IHavehadenoughofhaters wrote:

Well for my part this is my take on this event

1. I wasn't real thrilled with the following comment

:::Stacy Brown did not report the truth.::

Thus implying that Stacy lied. I have seen no evidence to support that Mr. Brown would or has ever lied, nor can I think of any way that he could get away with it since all these things can be independently varified. At worse a "mistake" could be made but nothing more sinister than a mistake.


-- Edited by IHavehadenoughofhaters at 11:02, 2008-01-19



OK, I should not have put it that way. However, what he reported was not correct, according to boththe link to the TT articleat the start of this post, and the copy of the ruling from the court that is posted on DD.





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One more thing, I'm not trying to upset the apple cart here, but if you're going to point out deceit, let's get it right. Look, I just don't like this practice of selling our parks.



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I don't think anyone wants our parks sold John ... and as far as upsetting the apple cart ... you are now engaged in debate ... that's all ... nobody is angry with you. When you first joined I told you to debate away ... but that you might not always like what the members said ... they are people with minds of their own ... and they are going to say what is on their minds .... Hell I am the site administrator and I don't always like what they say to me when I post something ... but that's life and it's also what makes life interesting ... we can disagree with each other on one thing ... yet still remain civil ... we won't start bashing anyone for not agreeing with us.

I did go to DD and read the ruling by the judge ... and you are right it clearly stated that Joe Pilchesky did have standing ... what he failed to do is to bring action against all parties involved. This is the reason the Judge ruled against Mr. Pilchesky. I just now finished reading the 13 page ruling.

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Have to agree with Lus and Stacy. I never heard anyone suggest we sell parks. During the Connor's administration there was some talk of handing Nay Aug over to the county, but Doherty has never suggested selling parks.

While I didn't want to see the gold course go, it catered to a very small number of paying customers and was 15 miles outside of the city. Our city parks are free and in our neighborhoods. If unloading the golf course in some way benefited the city parks it was a good deal. I guess the jury is still out on that.

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Umm, Art, the city already sold two parks, S.S. Complex, and the Muni. Facts, not my opinion. Also it does not matter whom it is catered to. Very few people use Duffy Park, should we sell that also?

The point I'm trying to make here is selling parks is wrong, and that Stacy Brown got it wrong. So Stacy, are you going to man up?

Lus, Thank you for understanding.

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I guess technically the SS complex was a park, but the muni wasn't - it was a golf course. Hey, I never said I agreed with the sale, but I don't see where Stacy has this wrong. Calling the SSC a park is a stretch. It was two baseball fields and a basketball court. Did it even have a playground?

Doesn't matter, it wasn't done cloak and dagger style and no other "park" sales have been proposed. Facts, not my opinion.

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Art,

It's real easy to see where Stacy got it wrong. First read the link to the article Stacy wrote, it's at the top of this post. Then go to DD and read the court ruling. Lus did, and she now understands what I'm trying to point out.

Also both the muni and the complex where parks, facts. And yes it (ss complex) did have a playground. Does a park require a playground in order to be considered a park? I don't think so. And how do you know for sure that no other parks are being considered for sale? I recall that the Sloan baseball field was being discussed for a sale to the school district.

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I'll gladly defer to your knowledge of the court case if you'll accept my claim that no other parks have EVER been on the auction block. I follow these things quite closely. I really don't want to read an entire ruling if I have to. If you say you're right I'll take your word (and Lus's). If I suspect your wrong in the future I'll get off of my butt and read the damn thing.

That said, show anything anywhere that says we're selling parks other than the SSC and the muni. To the best of my knowledge that isn't happening and has never been discussed. I hope I'm right, I hope your wrong. We shouldn't be selling our CITY parks.

Peace.

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In a footnote that starts on page one and continues on page 2 ... tells the story of what happened just where Joey went wrong:
"At the outset, we note Plaintiff's caption on the declaratory judgment action identifies the defendant as "Mayor Christopher Doherty, of the City of Scranton." See amended Compl. Subsequent pleadings omit the "of the language, which misleadingly suggest the City of Scranton (City) is named defendant. However, Plaintiff does not identify the city as a defendant in his action, and any references to the City in the body of the action are insufficient to make it a party to the action. Cf. Glover v. SEPTA, 794 A.2d 410 (Pa. Cmwlth. 2002) (complaint caption must identify al parties to proceedings).


-- Edited by LusOnlyVoice at 05:10, 2008-01-20

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The very last sentence of this ruling sums up the entire thing!
Clearly, Plaintiff's failure to join the City and SMGC Realty is a fatal defect depriving courts of jurisdiction to entertain an action for declaratory relief under the Declaratory Judgements Act.

PART VII. CIVIL ACTIONS AND PROCEEDINGS

CHAPTER 75. COMMENCEMENT OF ACTIONS

Subchapter A. General Provisions
Subchapter B. Interpleader Compacts
Subchapter C. Declaratory Judgments
Subchapter D. Reciprocal Tax Enforcement


SUBCHAPTER A - GENERAL PROVISIONS

7501. Attachment of property prior to judgment.
7502. Affidavit of noninvolvement.

7501. Attachment of property prior to judgment.

(a) General rule.--Except as otherwise provided in subsection (b) property may be attached prior to judgment in the manner and to the extent prescribed by general rule.

(b) Exemptions.--Any property exempt under Subchapter B of Chapter 81 (relating to exemptions from execution) from attachment or execution upon a judgment shall be exempt from attachment under this section.

(c) Effect of dissolution.--If an attachment is dissolved after sale of the property attached, such dissolution shall not have the effect of divesting any estate or interest acquired by virtue of such sale by a person not a party to the attachment.


If you wish to read the entire Act please Click the link;



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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet.  Please don't trust your legal needs to this man.

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