SUNBURY - The two sides involved in a lawsuit over the grounds where the Pennsylvania State Trapshoot is held met in Northumberland County Court Tuesday to discuss the case.
Attorneys representing the Pennsylvania State Sportsmen's Association (PSSA) and the Valley Gun and Country Club argued before County Judge William H. Wiest on a preliminary objection filed by the club.
The PSSA filed a lawsuit March 28 against the club and its officers, President John S. Mushalko Jr., Vice President Edward W. Rakaskie, Secretary Lamar Richie, all of Elysburg, and Andrew Panko, of Catawissa, claiming the club violated a Jan. 18, 1995 agreement between the two parties to transfer the ownership of the club to the PSSA.
According to conditions set forth in the 1995 agreement and contained in the lawsuit, the gun and country club agreed to not accept the introduction, election to or membership of any additional "A" members from the date of the agreement forward.
Another condition states that upon the death of the last of any existing "A" members of the gun and country club, as of the date of the agreement, operation and all assets of the club shall be distributed to the PSSA.
Helen L. Gemmill, the attorney representing the club, argued PSSA's case hinged on one document: the agreement.
"It's not an agreement at all, but rather a list of conditions that should be met if any kind of agreement was to be made in the future," Gemmill told the judge.
She also said there is no financial consideration mentioned for the grounds.
"There have been payments given for the operations of the club, but no consideration in place for the transfer of the grounds," Gemmill said.
PSSA states in its complaint that it has paid $550,000 plus all yearly taxes over the last 15 years, based on a payment of one cent for every clay target thrown on the grounds. The two entities evenly split the proceeds from any recovery of lead.
"Nothing here has been orally agreed to," Gemmill said. "There is no indication of an implied contract to convey the real estate before this agreement."
The club's attorney then present-
ed to the court several case examples to show why the PSSA is not entitled to an award of attorney fees.
The rebuttal in the case came from PSSA's attorney Paul M. Perlstein, who stated that the club has misread the binding agreement.
"You cannot misconstrue the complaint and base an argument on your mistake," Perlstein said. "We have filed an action to quiet title, plain and simple."
Perlstein went on to say in his argument that PSSA is questioning the validity in order to not have the case go any further.
"They don't want to file an answer on this action, because if they do and the case goes to discovery, they will see they have no argument at all," he said.
When questioning the number of cases Gemmill presented stating that PSSA would not be entitled to attorneys fees, Perlstein said that he found one in the briefs which proved they could collect, but could find more if needed.
Wiest stated at the end of the 20-minute hearing that he would look over the cases and briefs again, and issue a written decision on the objections.
Not only are the grounds and attorneys fees at stake, but the future of one of the area's most popular tourist attractions as well.
PSSA has said that if they are unable to obtain the title to the property, it will no longer invest in improvements to the shooting fields, trap houses and vendor buildings, and leave the community.
The association hosts several events at the Valley Gun and Country Club, including an annual nine-day trapshoot in June that atracts over 2,000 competitors from the United States, Canada and other countries, along with many spectators and employs 300 people, including students.
Officials say that the economic gain generated by the shoot is estimated at $1 million a year.