Judge backs cargo airport advocate in land dispute     

Thursday, 01 February 2007 

By JIM DINO

Standard-Speaker

WILKES-BARRE — A judge said too much time elapsed before the owner of an off-road vehicle adventure park filed an appeal to a magistrate’s decision to give title to a portion of the park’s land to a developer.

But the attorney representing the owner of Paragon Adventure Park said he had filed another court proceeding that will allow an appeal of the decision.

After a 40-minute hearing, Lycoming County Senior Judge Clinton Smith ruled that too much time had gone by for Paragon to appeal District Judge Thomas Sharkey’s decision to give title to 2,500 of the 4,200 acres Paragon leases from PCA Corp. to Gladstone Partners, developers who are believed to be putting together a land deal for a proposed cargo airport west of the Humboldt Industrial Park in Luzerne and Schuylkill counties.

Smith ruled to strike the appeal – thus making Sharkey’s original decision to evict Knosp from the property valid – but attorney James Scallion said he had filed a writ of certiorari, which will allow him to appeal Wednesday’s decision.

“The law in Pennsylvania is clear,” Smith said. “An appeal of a district justice’s decision must be made within 30 days. This appeal was filed over 90 days afterward.”

Attorney Stephen A. Seach of the Powell Law Group – which shares the same address as Gladstone Partners – represented Gladstone in the court hearing.

Seach said under the lease agreement between PCA Corp. and Overland Enterprises, which is Paragon, Paragon was to pay $2,500 per month plus a percentage of its profits.

Seach contended that Kyle Knosp, operator of Paragon, did not turn over financial records for PCA to determine the percentage of Paragon’s profits it was entitled to.

Seach also told the court Paragon had not provided proof of insurance and did not make its rental payments.

Seach said that last March, when PCA informed Knosp the firm was selling the land, PCA made an offer to Knosp to buy the land at the same price – $9,000 per acre. When Knosp declined, PCA told Knosp the lease was being terminated because of “breaches and violations.”

Sharkey ruled in Gladstone’s favor to the tune of $36,184.35 and ordered Overland’s eviction.

But Overland appealed in Luzerne County Court, claiming a district judge cannot make a judgment over $8,000.

So Luzerne County Judge Hugh Mundy lowered the judgment to $7,648.35, but Knosp again appealed, creating Wednesday’s hearing.

“We have a squatter conducting a business on land he has no right to be on,” Seach said. “The notice of appeal was filed 104 days after the (Sharkey) judgement.”

But Scallion told the court Gladstone has never produced evidence it is acting in place of PCA Corp. and no evidence of the rent not being paid and the proper information not being turned over.

“For one year, we have requested, and demanded, a written sales agreement (between PCA and Gladstone),” Scallion told the court. “They haven’t done it.

“Before District Justice Sharkey, they provided zero evidence they (Gladstone) are the successors (of PCA). They (Gladstone) have no standing.”

Scallion also said most of this property in question is in Schuylkill County, while Sharkey is the district judge for Hazle Township, Luzerne County.

He also questioned the rent Gladstone is contending was owed.

“Where in God’s name did they get this number ($36,000)?” Scallion asked.