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Home My WebLink About97-00719 , ~ ~ "',' . ~ " .., It \l -......{ ~ ~ -.Q \. ~ -Q ~ \t) '\ ~ ~ ".. ..( If) < f , ~ \. ::s -Q I ~ \ .~ !" !\I) ! 1 , I i I I I i I \{ :... i,\\) ; :--- j - . . ! .'::l ... '-J ;; ....... PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT rrh,\ {,'old 0' ""q'/n' MUS,. HF Fli Fn i'l""U,"jf Ii'! 1('.' j).\ i ,'; ~II 'i I; (",11.'1 [Ill' /lOrl" III ,f:IIW)' I:il", ~ ,I'infw,IIIII'/IOA,'SI COMMONWlAL HI Of l'll\lNSYLVANIA COUNTY Of-_ -.-- ~\ AFFIDAVIT: I 11, 1,'ll'i ' ';",1' .lll 'P' T! ._~ ,I I "llv ,.r (II. rJ'I:CI_'_ 11' '\I'i", t.l.lr,' fJl '."!." " (;1<1"':'"'' Pi,., ., 1-,.1 up,." !II' U;,I 1.1 .h,'.I'II_' ,:,., :.J 101;' rl11\11,'dlllfl : ~l 1, 1'''.',l'll,J' .'-",,\.'. ~ ~IJI (lll :,:'t dl 1"'~I.)hlt; I, IIlJl', \t:no, r-~ " l '--111 ,111 ,i '), d , ,I' i'd" ," "I'" '/1" 1111 )'1 . i' "I, ",I'. 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" :~j - ~ ~}. zc-) :r. >0 ~ t; ( , -.. ~. ,"" ~. --J ;D ., (Xl -:; l(, :'-. '-J ~ *' ~ '-.J l.:; 1 f'~ ~~ ~~ .4~~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Ti,lS ploof ()f 5/.'1,'1(1.' /\1(1";' aT rlL r [) :t'ITJI/'V 11\' f !; i {J.~\": S ,,~ i 'if.' friill:1 tll.' 1i!)('1 t' of ,//'IWJ/ Uill /... ,llilllre.,Mt' /JCHt'~1 COMMONWEAL Itt OF 1I(r..lNSY lVANIA COUNTY Of ~________ _____._____..._~.__ \\ AFFIDAVIT: l\t,,,_'h',' ',',.',l! lH .llt,,!!, ,11 I: ,.''...",1 ,J (I p',' ,d 111. ~JIJ~ 1'- \11 "qlj" .;! C,)!I,;!'," [l .I'.~) ,j jJ I): 111, !) ,! . t. 1 J u.! 'I ,I, ,I;' I.t!' .1 ~: I' ." .', /.ifl' (If "," ~ /; (.I 1f) 1','1",",';1,,:1,,[',.\_, : , hi !I., d.li! dllll'IJ".ltJt'dl 111,1,:. ,"'~d,' "\' Ill,of:"I!';.'!!,''''!'' ;"1/1 .;n.' 'i" II'." d~,I'! ,'i 11+ LI I, "'.I I"~ ie,"l '. ,j\ j""i ..t", 01, l!1,1'1 ',"'I,It'r'~ ""'-'111 .dl.trlh'rI h.....!" .11111 lu,!il.,r til.ll ".!v.'i! 1111' Ii..:, :\1 f.:, ., L\.lllll..,lil 1l11,il,;,,,I,y,Iilj till' ,d'~J~" ~J\)I'L" .d ':'1'11"'11 upon till' dl'lI" :.,. \' I . '" "I. Jill I h. H l~ ,',I, ,!lII'I' ""I'," 11) ~ 1 " i" " '.. d " , I ; .," \.' '. " ' !" h." !<I" ill j. "I ,',., d Il1.Jd. ')1'11111'1', 'l't "fpl ,111,11:11,,11"""11) SWOIHJ THIS _ (AH-lfH.l[[)1 :..i'm :;UHSCHIBLD Lf-l UHl ___ DAY OF PI ::,L S ,Hit" ",' ,," "nl 5',/".lrll" ." "U. ,'/', I",. .~I""" .jU Ii h ,," t,I.' ~.h' Ctd1ll1, "q , . I "I") . ,~; lq, lJ W 0 '^- C .., -'I ~ ~ "'1 \ ~[~ bJ :oJ & [, "i , ~ .. r~' (Ii;' 'f} N .a ) r"~ '" ",' ::!? :;:; ;-r-. ,/.. -:-.. z; Q ~ :i;~", ~ 6~ . (11 :'"_,1 ~ ~ 1i - 0 -, "<\ ~ ~ ~ ~ tJ ~ T,t'I' ,,/ ",".: .Ii c' ",WI y- \...'" L Of I . f.~U. COUNTY COURT Of' COMON PLEAS OFFICE OP COURT ADMINISTRATION C~VIL PROGRAM ~IC ~U'ICA~I~ (To Be riled In Duplicate) rull Case Caption Shippensburg Township P,O. Box 219 Shippensburg, PA 17257 v, Suburban Leasing. Inc., et al. t2 Carroll Street #132 Westminster, MD 21157 Case ReCord Number Co=olaint Date or wri t Date 2-8-97 'l'vPe' of Trial ( ) Jury (xx) Non-Jury ( ) Arbitratior Kind of Case ( x) Civil Action ( ) Equity ( ) Malpractice (NOn-Medical) ( ) Malpractice (Medical) Total Amount of Sui t $357,50 + attorney's fees 4 Expected Number of Witnesses Attorney/Dnrepresented Parties ( ) Asbes tos ( ) Arbitration Appeal ( ) Other: Approximate Tdal Tillie: 1 dAY Suprellle Court I.D. I Supreme Court I.D. I Hame: Shippensburg Township NUle: Address: P.o. Box 219 Address: Shippensburg. PA 17257 Phone: Atty For: Plaintiff Phone: Atty For: Suprellle Court I.D. . '76 S II Supreme Court [.0. . Hallie: Lee Stivale. Esquire Nallle: Address: 1489 Baltimore Pike Address: Springfield, P A 19064 Phone: (610)604-4970 Atty For: Defendantl Phone: Atty For: Appellant Supreme Court I.D. . SU;Jreme Court I.D. . Hame: . NUle: Address: Address: Phone: Atty ror: Phone: Atty Par: Co.t3anion Cases . Ar,e there any cOlllpanion cases? (xl6 YES ( ) NO . Ie -YES-, attach a similar certificate for any cOlllpanion case(a) or explain reason(s) for its absence. ('~.",,:>,,\,~, .D&~ COUNT't COURT 01" COMMON PLEAS OFFICE O~ COURT ADMINISTRATION CLVIL PROGRAl1 AIJ'l'Oiva'IC c:&IC'II'ICA'f'IOII (TO Be Filed In Duplicate) Pull CAse Caption Borough of Shippensburg 60 West Burd Street Shippensburg, PA 17257 v. Queen Street Trust 12 Carroll Street ". //9 C/O William Huff Westminster, MD 21157 Case ReCord Number Comolaint Date or Wri t Date 2-8-97 '1'v\:)e of Trial ( ) I X) ( ) Jury Non-Jury Arbitratio( Kind of Case I X) Civil Action I ) Equity ( ) Malpractice (Non-Medical) I ) Malpractice (Medical) Total Amount of Suit $90,00 + attorney's fees Approximate Trial Tillie: 1 day 4 ( ) Asbes tos ( ) Arbitration Appeal ( ) Other: Expected Number of Witnesses Attorney/Onrepresented Parties Supreme Court I.D. . ANdude: Borough of Shippensburg ress: 60 West Burd Street Shippensburg, PA 17257 Phone: Atty For: Plaintiff Supreme Court I.D.' '-/G.,r: 'I NaIlIe: Lee Stivale, Esquire Addr ess: 1489 Baltimore Pike Springfield, PA 19064 Phone: (610) 604-4970 Atty l"or: Defendant! Appellant Supreme Court I.D. . Nue: Address: Phone: Atty For: Supreme Court I.D. . NaJlle: Address: Phone: Atty For: Supreme Court I.O, . Name: Address: Phone: Atty For: Su~reme Court LD. . NAllle: Address: Phone: Atty Pori Co.panion Cases : Are there any companion cases? ( X) rES I ) NO Ie -YES-, attach a similar certificate for any companion easels) or explain reason Is) for its absence. , " ' ( .......\.\ >'0..., "or. Dfo.W\WA.R.f. COUNT'!: COURT Of' COMMON PLEAS OFFICE OF COURT ADMINISTRATION CtVIL PROCRAl1 ~IC ~IrICA~IOII (TO Be Piled In Duplicatel Pull Case CaPtion Case ReCord Number Borough of Shlppensburg XW~~~~x 60 West Hurd STreet Shippensburg. PA 17257 Comalaint Date or Writ Date v. 2-8-97 '1'vPe of Trial King Street Trust 12 Carroll Street #132 C/O Andrew Earp Westminster. MD 21157 ( I ( xl ( I Jury Non-Jury Arbi tra l: ior Kind of Case ( x) Civil Action ( I Equity ( I Malpractice (Non-Medicall ( I Malpractice (Medicall Total Amount of Sui t $490,00 + attorney's ( I Asbes tos ( I Arbitration Appeal ( ) 0 ther : fees Approximate Trial Tillie: 1 day Expected Number of Witnesses Attorney/Onrepresented Parties 4 Supreme Court 1.0. . Supreme Court 1.0. . Name: Borough of Shippensburg NallIe: Address: 60 West Burd STreet Address: Shippensburg, PA 17257 Phone: Atty l"or:Plaintlff Phone: Atty For: Supreme Court 1.0. . L/e.::,- (I Supreme Court I.D. . Name: Lee Stlvale, Esquire Name: Address: 1489 Baltimore Pike Address: Springfield, PA 19064 Phone: (610) 604-4970 Atty For: Defendant/ Phone: Atty For: Appellant Supreme Court I.D. . Su~reme Court 1.0. . Hame: . Hallie: Address: Address: Phone: Atty Por: Phone: Atty Por: Co.canion Cases . Are there any cOlllpanion cases? ( x, YES e ) NO . IC .YES", attach a similar certificate for any companion casees) or explain reasonesl for its absence. . ~ COUNT'! COURT at" COMMON PLEAS OFFICE OF COURT ADMINISTRATION CI.VIL PROCAAH AD'f"ClMMoIC CB.Rr U'ICA~IOII (To Be Filed In Ouplicate) /' '" \....,\ t. .1. L t,..." rull Case Caption Shlppensburg Township P,O, Box 219 Shlppensburg, PA 17257 v. Suburban Leasing. Ine., et 01. 12 Carroll Street #132 Westminster, MD 21157 Case ReCord Number Comelaint Date or wri t 0. te 2-8-97 'l'YlJe 0 f '1' rial ( ) Jury (X) Non-Jury ( ) Arbitratio( !tind of Case ( x) Civil Action ( ) Asbestos ( ) Equity ( ) Arbi tra tion Appeal ( ) Malpractice (Non-Medical) ( ) Other: ( ) Malpractice (Medical) Total Amount of Suit $360,60 + attorney's fees Approximate Trial Tillie: 1 day Expected Number of Witnesses 4 Attorney/Unrepresented Parties Supreme Court 1.0. . Nue: Shlppensburg Township Addresa: P.O. Box 219 Shippensburg, PA 17257 Phone: Atty 1"or: Plaintiff Suprellle Court 1.0.' (.n,:;'" lIaJ1le: Lee Stivale, Esquire Address: 1489 Baltimore Pike Springfield, PA 19064 Phone: (610l 604-4970 Atty For: Defendantl Appellant Supreme Court Name: Address: 1.0. . , Phone: Atty 1"or: Supreme Court 1.0. . NalIe: Address: Phone: Atty For: Supreme Court I.O. t Name: Address: Phone: Atty For: Su~reme Court 1.0. . Name: Address: Phone: Atty P'or: Co.oanion Cases : Ace there any companion cases? (xx) YES ( ) NO IC .YES", attach a similar certificate for any companion easels) or explain reason(s) for its absence. TOWNSHIP OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-719 CIVIL TERM v, SUBURBAN LEASING, INC., et al Defendant ANSWER TO NEW MATTER 11, No answer required, 12, Denied, The issues in this litigation were not finalized as part of a global settlement. 13, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 14, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 15, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 16, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 17, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 18, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 19, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 20, The allegations in this paragraph are legal conclusions to which no response or pleading is required, WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's New Matter, II II II ANSWER TO COUNTERCLAIM 21, No answer required, 22. Admitted, 23. Neither admitted nor denied, 24, Neither admitted nor denied and proof of the same is demanded at trial. 25, Neither admitted nor denied and proof of the same is demanded at trial. 26, Neither admitted nor denied and proof of the same is demanded at trial. 27, Neither admitted nor denied and proof of the same is demanded at trial. 28, Admitted, 29, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 30, The allegations in this paragraph are legal conclusions to which no response or pleading is required. 31. No response required, 32, Admitted, 33, Neither admitted nor denied, 34, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 35, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 36, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 37, The allegations in this paragraph are legal conclusions to which no response or pleading is required, 7, Denied, The sole period or timc in issuc is culendur yeur 1996. which is the period in issue when this matter wus instituted before thc District Court. Thc remuindcr of the allegution is denied us a conclusion of law to which no rcsponsc is rcquircd, 8. - 10, Denied, The allegation is us u conclusion of law to which no rcsponse is required, WHEREFORE. the Defendunts respectfully requcsttlmt judgment be entered in their favor und against the PluintirfTownship, NEW MATTER 11, The Defendant ineorporates its responses to avennents one (I) through ten (I O) by , 12, This mutter was finally resolved between the purties as part of u global settlement of all matters between the parties oecurring in or before 1999, 13, Pluintifrs claims ugainst Defendant are barred by the doetrine ofaceord and satisfaction, 14, Plainti frs claims against Defendant are barred by the doctrine of estoppel. 15. Plaintifrs c1uims against Defendant ure barred by the doetrine of luehes. 16, Plaintifrs claims against Defendant are barred by the statute of limitations, 17, Plaintifrs claims against Defendant are burred by the doetrine of waiver, 18, Plaintifrs claims ugainst Defendunt ure barred by the doctrine ofjustifieation. 19, Pluintifrs claims against Dcfendant ure barred by Pluintifrs breaeh of contract. 20, The cuuse of action und c1uims arc burred by the Doctrine of unclean hands, WHEREFORE. Defendant respectfully requests that this Honorable Court dismiss Plaintifrs eomplaint. COUNTEltCl.AII\I I VIOLATION OF EOlJAL I'IWTECTION 21. Plaintiffs incorporatc pamgmphs onc (I) through twcnty (20) by refcrence as though same were fully set forth atlcngth hcrcin, 22, Upon infonlHltion and hclict: thc Univcrsity ofShippcnsburg owns and rents housing to studcnts ("Collcge !lousing") withinthc boundarics of Shippensburg Township, 23, The University of Shippcnshurg is a statc.relatcd university and not an instrumentality or agency of the Commonwealth of Pennsylvania, 24, The offering for lease, renting and management ofCollcgc Housing is a proprietary function in competition with pri\'ate property owners of rental dwelling units and rooming house units, 25. College Housing includes sleeping areas, cooking (kitchen) areas, bathrooms, roofs, electrical and plumbing facilities; all of which present health and safety issues similar to the rental dwelling units owned and leased by the Plaintiffs and other property owners similarly situated to the Plaintiffs, 26, In fact, the Collegc l'lousing onthc Shippcnsburg University eampus, unlike the majority of rental dwelling units in Shippenshurg Township, includes mid and high rise structures which present greater risk of injury and ealastrophe in the event of firc or other emergency requiring immediate evacuution of the lessee.occupant. 27, Upon infonnation and belief, the College Housing presents the samc, and potentially greater health, safety and welfare issues, us compared to the rental dwelling units occupied by tenants owncd by the Defcndant and similarly situated property owners throughout the Township, 34, Housing subjeetto inspeetion und permilundcr Ordinuncc 95.7 is dclined according the possessory interest of the oceupunt, i,c, rentcr occupied. ullll not according to the type ofstrueture. thc condition ofthc struclure or building in whieh thc dwclling is loeuted, or condition of the ureu of the community in which thc dwelling unit is located, Thercl'ore, thc inspeetion scheme is not rationully reluted to .1 valid health. safcty and welfure purpose. 35, The inspection und permit progrumundcr Ordinanee 95.7 is unluwful and invulid when the subject properties of the legislulion is not rutionally rchlted to the purpose of the legislution und therefore violates the right to Duc Process, 36, There is no reasonable or rutional busis to distinguish between owner occupied units in multi. family buildings and renter occupied units und other multi. family dwelling buildings for inspeetions and pemlit fee purposes under Ordinance 95,7 and the sume is therefore invalid and violates the Plaintiffs' right to Equal Protection under the United States Constitution and the Constitution of the Commonwealth of Pennsylvaniu, 37, There is no reusonuble or rationul busis to distinguish between owner oeeupied properties and renler occupied residenees for inspeetions and pemlit fee purposes under Ordinance 95.7 and sume is therefore in\'alid and violates the Plaintiffs' right to Equal Protection under the United States Constitution und the Constitution of the Commonwealth of Pennsylvania, WHEREFORE. Plaintiffs pruy tlmt this I-Ionoruble Court enter an Ordcr: a, Declaring invulid, unluwful, und unconstitutionul the inspeetion and issuanee of a Iicense/registrutionunder Ordinance 95.7 us anunluwful regulation and a violation of the Pluintiffs' Righlto Equul Proteetionunder the law and right to Due Process; und i f' r b. Granting such other Order and sueh olher alld further relief as may be just alld proper including costs amI fees, Respee,lfully submitted, .Q~' LEE A. STIV ALE. ESQUIRE Attomey for Defendant ~ ;.' , ., , ':;t:'i;~'J.~1'8;~~r'>;".. , :, ' l.n~ ':,1 "", " '-,.' i_-, ~ J. >, [' ,',:.::: ,;,>:~::J}j~~J.1;;':', '.~ . , ,..;\-, " ..-,' ,. , .~\ .~ TOWNSHIP OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-719 CIVIL TERM v, SUBURBAN LEASING, INC" Defendants COMPLAINT 1. Plaintiff is Shippensburg Township, a 2nd Class Township, Cumberland County, Pennsylvania, a Pennsylvania Municipal Corporation with offices located at 81 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania ('Township"), 2, Defendant is Suburban Leasing, Inc, which is not registered as a fictitious name, as a corporation doing business in Pennsylvania, or as a foreign corporation doing business in Pennsylvania with the Corporation Bureau, Harrisburg, Pennsylvania, 3, There is a Suburban Leasing, Inc, that is registered as a Pennsylvania Corporation and was registered September 17, 1963 with its principal place of business being located in Pittsburgh, Pennsylvania; however it is believed and therefore averred that the Defendant is not the same corporation as that registered with the Corporation Bureau, 4, At all times relevant to this Complaint, Defendant was the owner of real property situated in the Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania located at 221 High Street, Shippensburg, Pennsylvania. 5, The last known address for Defendants is 12 Carroll Street No, 132, Westminster, Maryland, 21157, 6, On or about December 2, 1995, Plaintiff enacted Ordinance No, 95-7 which adopted and amended the Building Official and Code Administrators National Property Management Code, A copy of said ordinance is attached hereto and made a part hereof Exhibit A, t e , , , ~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904 relating to unsworn falsification to authorities, / ~J; I Date SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO. 95,7 AN ORDINANCE TO REOUIRE A RENTAL LICENSE IT IS HEREBY ENACTED AND ORDAINED, by the Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania, that Ordinance 95.7, is enacted as follows: SECTION 1. BENT AL LICENSE: No person shall rent a residential property or properties, located in Shippensburg Township, unless the person holds a valid current operating license issued by Shippensburg Township for the specific named or numbered, regulated residential property. A license shall be obtained by the Owner(s) having a legal or equitable interest in the dwellings, single family dwelling and/or rooming units, dormitories, group homes, health care facilities, residential care facilities, supervisory care facilities and any or all combinations thereof, or parts thereof. SECTION 2, . ECES.: Annual fees per unit for a rental license shall be as follows: A, Each Dwelling Unit, which includes single family residences, one.half of a duplex, mobile homes, townhouses, efficiency apartments, apartments, floors or other separate living areas.........$35,OO per dwelling, B, Each Rooming Unit, which includes each and every bedroom within a structure such as a boarding house, a fraternity, a sorority, a motel, a hotel, a hospital, a nursing home, a dormitory, a tourist house, or other similar building,........$1 0,00 per room, The annual fees established may be reviewed and changed from time to time by resolution of the Board of Supervisors of Shipp ens burg To...."ship, SECTION 3. DESIGNATION OF LOCAL AGENT: The owner(s) having a legal or equitable interest of any residential building or property that is used for rental purposes, not including single family owner occupied buildings, shall register for each such residential unit or property, a person or firm who shall serve as the local agent. Said local agent shall be legally responsible for operating said rental property in compliance with the provisions of the codes and ordinances of the Township of Shippensburg and Commonwealth of Pennsylvania and shall be responsible for providing legal access to the premises for the purposes of conducting inspections necessary to assure compliance with said codes, ordinances and la\\'s, In addition, said individual or linn shall be designated and authorized by the owner(s) to accept legal process on behalf of said o"ller(s), as it relates \0 said premises or property, EXHIBIT I-L- ._~. t SECTION 4, REGISTRA TJON OF RENTAL UNITS: Registration of rental units shall be made in such form and manner in accordance with such inslrUctions as may be fumishcd by the Township and shall include at least the following information: o (a) The names, addresses and telephone numbers of the O\\1ler or O\\1lers of the premises; and, (b) The name, address and telephone numbers, business and home, of the local agent; and, (c) The address of the dwelling; and, (d) The type of dwelling; and, (e) The number of dwelling unit or units in each building. SECTION 5. LICENSING: Upon receipt of the fully completed registration form and the payment of the appropriate license fee, the Township, after investigation, shall within twenty (20) business days issue a license to the owner(s) or responsible local agent. In the event the Township finds the property to be in violation of this ordinance, the Property Maintenance Code of Shippensburg Township, or any . other ordinance, or law, then the Township shall issue the necessary notice and order to abate the illegal use or unsafe conditions to insure compliance with this ordinance; the Township after reinspection to insure compliance with this ordinance shall then issue a license to the owner(s) or responsible local agent. Said license, shall, at all times, be maintained on the property and be available for inspection by Township officials. SECTION 6, TIME FOR REGISTRATION. REMOV AI.. TRANSFER OF OWNERSHIP: (a) The registration and licensing of all rental residential properties and the designation of a responsible local agent shall occur on or before March I of each year. (b) In the event of a transfer of ownership, legal or equitable, ofa property co\'ered by this ordinance, the registration and license shall become invalid, It shall be the responsibility of the new owner(s) to notify the Township of said transfer not more than five (5) days from the date of said transfer of o\\1lership, The new owner shall register and license the premises or property \\;thin ten (10) days of the date of transfer of ownership either legal or equitable, / / SECTION 7. OCCUPATION OF PREMISES WITHOUT REGISTRATION AND LICENSE PROHIBITED: It shall be unlawful for the owner(s) of any premises containing one (I) or more dwelling and/or rooming units, or any agent acting for said olmer(s), to permit occupancy of any dwelling unit or rooming unit on the premises by another, or to represent to the public such premises, a part thereof, as for rent, lease or occupancy, unless said rental andlor rooming units are currently registered and licensed and said registration and license has not been revoked or invalidated, SECTION 8, GOVERNMENTAL ENTITIES: Notwithstanding any other provision to the contrary, a rental license shall not be required for any dwelling unit or rooming unit rented by a governmental entity, including all agencies, departments, boards, commissions, and instrumentalities of the Federal Go\'ernment of the United States of America and the Commonwealth of Pennsylvania, including member institutions of the Pennsylvania State System of Higher Education, SECTION 9. PENALTY: Any person, firm or corporation who shall violate any provision of this code shall, uP9n conviction thereof, be subject to a fine of not more than $300,00 or imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the court, Each day that a violation continues shall be deemed a separate offense. SECTION 10:EFFECTIVE DATE: This ordinance shall be effective January I, 1996. ENACTED AND ORDAINED by the Board of Supervisors of Shipp ens burg Township, Cumberland County, Pennsylvania, this ~ND day of December, 1995, in session duly assembled, SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS .' BY:~~~ Cliair Allest: .~;(~ t i " PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please IIS1 the lollowing case: (Check one) lor JURY trial althe next term of civil court. x for trial without a jury, ............................................................................................................................................................................ CAPTION OF CASE lentlre capllon must be stated In lull) Icheck one) Assumpsit Trespass Township of Shippensburg Trespass (Molor Vehicle) (Plaintiff) (X) Ordinance Violations (other) vs, The triallisl will be called on and Suburban Leasin, Inc,. Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials,) vs, (The party listing this case for trial shall provide lorthwith a copy of lhe praecipe to all counsel, pursuant to local Rule 214,1,) No, 97-119CivII, Term 19 __ Indicate the attorney who will try case lor the party who files this praecipe: Ron Tu,ro, Esquire Indicate trial counsellor other parties if known: Lee A. Stivale, Esquire This case IS ready lor trial, " t~- .' ,- .---,..,-,.. Signed: _____ _ _ _ "_ ___, Print Name: _J.QD-'r.ut:o.,f:squiJ::e Dale __!:l-,m:;.b...1.... ,JOQ1,_ .. Attorney for' Shippenshurg.. ~!lship -:.., C , , c--. .' ....;., ~ ) :.~: " :.:. , "'-j '., '">oJ :'1 . '. " tfl . ".. . ~j ;-, U Thc Ilclcndanls ahlll l' caplilllll'd hl'll'hl tHL' IIIIS Inlllillnlll I'nli'rcc sclIlclIlCnl agrcclllent lIIl1l rcqncsllhat cadI ortllc 111Il'l' I'apllllnl'd nlallclS h~' dlsnllsscd lI'ilh prcjndicc: IIl1l'kl:l'oUlul: ,\, TII'p, of Shll'I'l'u~hul'l: I', Ill-lilli, No, "17,1 1I11~ I, Shippcnshur~ TllI\'IIsluplikd l'll'lI al'III1U L'OUL'cnlln~ tllc wnslruclion of the huildiugs on tllc pl'llpcrtics h,call'd OIl ~i SUllhl';un (""11'1 alld Xi Suuhcaul ('ourl. Scc COlllplaiut allachcd hcrclo as hhihil ..".. 1 TI'lIY alld Ikhlllc Ikalllllallsli:lll'd Ihl' SUllhcalll propcrtics (Iocatcd wilhinthe suhdil'ision kuolI'n as "Rocky Knllh"!11I 1\l'Iualllllhlings in or ahllllt Scptclllhcr 11)')6, See AlIsII'cr allll Ncll' ~lallcr III' Ilcalll allacllL'd hcrl'lll as hhihil "Il," II, '1'11'1" III' Shll'I'I'u~hlln: \', Suhul'hlln 1.1'1I\lnl:, 11Il',. Nil, 191)7-717 .1, Shippcushlllg lll\lllship IHcd l'Il'lI al'lllIn couccrning thc inspcction and licensure ofthc rcsllkulial rClltal pl'llpcrty IllL'atcd OIl X I Walnlltlllltllllll Road, Sce COll1plaint attached hcrcto as I'xhihil "( .,.. ('. '1'1\1'. III' Shll'I'I'u\hul'l: I'. Suhul'hlln I.l'lIsllll:. lul'" Nil, 1997-719 ~, SllIppL'IISIIIUl'luII nslllp tilnl cil'll aclion conccrning Ihe inspeetion and licensure ortlw rcsllknllalrl'lIlal plllllL'lIy IlIcalL'd at 221 lli~h Slrccl. Scc ('olllplaint attuehed hereto as Exhihil "Il," (I, Sl'llll'lIIl'nl NI'l:lllll1lll1u\ 5, SCllkIlICIIIIIl'f'"l1atlllls COIIIII1CIIL'cd hctwccn the partics concerning the three clllllllcralL'd l';hL'S ahllll' L';lplllllll'd as 11'1'11 as Ihrcc olhcr cascs, Attached hereto as Exhibits "E" alld "I," ;UL' 1'''PII's ..t' kliL'1 sot' I'd,,"al y ~ allll 21. 2111l1l, concerning the subjectliligation of 1III\ISlIII' IIISIlL'1'I11111\ alld Pl'llIhll!, hllg;lllllll illl'lIll'ing thc Rocky Knob Subdivision. Inliglll ofthc liJrcgoing, thc Dclcnd,lIlts, movc Ihis Ilonomhlc Court not only 10 spccifieally cnliJrcc thc Sclllcmcnl Agrccmcnt, hul also to award Dclcndants costs, expenses and rcasonahlc attomey's fces cxpeuded during Ihcsc procecdings in ordcr to havc the Settlement Agrecmcnl spccifically cnlill'ced, IlISCLJSSION A settlcmcnt eontractlike any other contracl or agrcemcnt, to he enforccable. must possess all clemcnts of a valid conlract . i,e, an offer, acceplanee and valuahle consideration. Sale v, Amber, 335 Pa, 1(,5.6 A,2d 519 (1939): GOl!e1 v, Blaofskv, 187 I'a, Super, 32. 142 A,2d 313. {I 958); Baum'tartner v, Rinncv, 1561'a, Super. 167,39 A,2d 738 {I 944), Where a binding settlement to release has bccn agrced 10 hy the parties, recission of the contract, jusl as recission for any conlract, must he on proper gronnds. Joncs v, Pennsvlvania Railroad, 143 Pa, 374, 22 A, 883 (l891), sneh as Ihllld. durcss, or mutualmislakc, Kenl v, Fair. 392 Pa, 272,140 A,2d 445 (1958); Schlosscrv, Wcilcr, 377l'a, 51;2,105 A,2d 331 (l954); Barsons and Overbrook, [nc, v, Arc Sales Corp" 227l'a, Supcr. 309, 324 A,2d 467 (1974), In the instantn];ltter, thcrc was a specific offcr and agreement 10 settle this matter, The parlies lIgrced thai all matters. involving sevcral properties and related parties, to be jointly terminatcd, Thus a scttlement contract was formed, The confirming Iettcr arc sunicienlto crcate a hinding and enforceable settlement agreement. Gcnerally, no limnal writing or language is necessary to establish the existenee of a hinding contract. In Ihe case wherc a contract is agrccd to by the parties and the written instrumcnt ofthc contract itself is only a lillmal reckoning of the previonsly agreed to contraet. such a conlract will, nevcrthelcss, bc fillly enlill'ccahle, Woodhridl!e v, Hall. 366 Pa, 46, 76 A,2d 205 ( I ()50) I where a sclllcmcnt was (lI'ally rcaehed inthc courthouse prior 10 a property dispute trial, the Court spccilicully cnforccd such un oral ugrecmcnt!; Muinlinc Thcutrcs v, Puramonnt Film ('omoration, 298 F,2d SOl (3d ('iI'., 1%2) lwhcrc mutlml usscnt wus cxprcssed orally hy ull partics to settlc un .lI1ti.lrustmattcr flll' a specificd .nllount, and no lill111UI olTcr ami ucceptance was writtcn, the Court held thut a hiluteral contract urosc und was fillly cnloreeuh1c], Gross v, Penn MlItllull.ilc Insuranec Connlun\" 3% F,Supp, 373 (E,D, I'a" 1">75) [whcre hoth partics agrecd lIponthe esscntialterms of a settlemcnt contraclto cnd litigation, and the only act rcmaining was Illrlllalizing thc agrcemcnt, the u party conld not revoke thc agrecment because a present umllcgally hinding contracl cxistcd, ami such must he enlorced], Two opinions issued hy courts of common pleas of this Commonwealth, both ofwhieh have heen aninllcd hy our Superior ('ourt, are also instructivc and persuusive as they involve facts which are analogous and similar inthc material aspects to the present maller, In Kennedv v, Eric Insurancc Exchanl!c, 64 D&C 2d, 227 (1972), aff, 228 Pa, Super, 849, 316 A,2d 630 (1974), the Defendant insurance company sent the attomey for the Plaintiff a letter which contained an offer to settle the personal injury claim of the Plaintiff for a specified sum of money, The I'lainliffagreed to the settlement offer and her att:lmey sent a letter to the insurance company informing thcm of the acceptance, The insurance eompany then telephoned and wrote to thc attorney for the PluintilTtelling him that they had changed their minds and \, , ' ~ - I, ~ TOWNSHIP OF SIIIPI'ENSBURG, CUMBERLANDCOUNT~ PENNSYLVANIA, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 97-1604 CIVIL TERM \', TROY and DEBBIE BEAM Defendant. TOWNSIIIP OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 97-717 CIVIL TERM \', SUBURBAN LEASING, INC. Defendant. TOWNSHIP OF SHlPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 97-719 CIVIL TERM v. SUBURBAN LEASING, INC. Defendant. MOTION TO ENFORCE SETTLEMENT AGREEMENT The Defendants above captioned hereby lile this motion to enforce settlement agreement and request that each of the three captioned matters by dismissed with prejudice: I Baek~round: A. Twp. of Shlppenshur~ \'. Beam, No, 97-1604 I. Shippensburg Township liled civil action concerning the construction of the buildings on the properties located at 25 Sunbeam Court and 85 Sunbeam Court, See Complaint attached hereto as Exhibit" A," 2, Troy and Debbie Beam transferred the Sunbeam properties (located within the subdivision known as "Rocky Knob") to Actual Holdings in or about September 1996, See Answer and New Matter of Beam attached hereto as Exhibit "B." B. Twp. of Shippensburg v, Suburban Leasin~, Inc" No, 1997-717 3, Shippensburg Township Iiled civil action concerning the inspection and licensure of the residential rental property located at81 Walnut Bottom Road, See Complaint attaehed hereto as Exhibit "c." C. Twp, of Shipp ens burg v, Suburban Leasing,lne" No, 1997-719 4, Shippensburg Township Iiled civil aetion concerning the inspection and licensure of the residential rental property located at221 High Street. See complaint attached hereto as Exhibit "0." n. Settlement Negotiations 5, Settlement negotiations commenced between the parties concerning the three enumerated cases above captioned as well as three olher cases, Attached hereto as Exhibits "E" and "F" are copies of letters of February 2 and 21. 2000. concerning the subject litigation of housing inspections and pending litigation involving the Rocky Knob Subdivision, The Defendant. MRCO, was forced to incur additional counsel fees in an effort to negotiate a settlement agreement, 11. The Defendants have noW been forced 10 incur further additional counsel fees due to the necessity of Iiling the instant Motion in order to resolve this matter without further litigation, as previouslY 'lgreed, WHEREFORE, the Defendanls respeetfully request that this Honorable Court """,,,II y "r,," .h' tOO" 0 "h' 5,,,\,,,,,, "'"'''''' " ,"'"' to by th, porti" di,m,,,i', the same with prejudiee and awarding the Defendants for attorney's fees in the amount of One Thousand Five Hundred Dollars ($ 1,500,00), By: Lee A, Stivale CERTIFICATE OF SERVICE ~ ; '" I. Lee A, Stivale. Esquire, Allorney for the Defendant. hereby ecrtify that this 15'" day of .:> February, 200 I, a true and correct copy of the all ached Answer and Ncw Matter of Defendants was scrvcd upon the following by regular mail: Ron Turo, Esquire Turo Law Ofliccs 28 South Pitt Street Carli sIc, PA 17013 Date: '))0/" / Lee A. lIvale, Esquire , In light of the loregoing. the Defelllhmls. move this Jlonorable Court not only to specitically cnforce the Selllcment Agreement, but also to award Defcndants costs, expenses and reasonable allomey's fees expendcd during these proceedings in ordcr 10 havc thc Selllement Agreemcnt spccifically cnlorced, I)ISCUSSION A selllcment contractlikc any othcr conlmct or agrecment, 10 bc enforccablc, musl posscss all elements of a valid contract - i,e, an offcr. aceeptancc and valuablc eonsideralion. Sale v. Amber. 335 Pa, 165, Ci A.2d 519 (1939); GOl!cl v. Blaofsky. 187 Pa, Super. 32, ] 42 A.2d 313, (1958); Bauml!artner v, Rinnev. 156 Pa, Super, 167,39 A.2d 738 (1944), Where a binding selllemenlto release has been agreed to by the parties, reeission oflhc eonlraet, jusl as reeission for any contract. must be on proper grounds, Jones v, Pennsvlvania Railroad, ]43 Pa, 374, 22 A. 883 (189 I). such as fraud. durcss, or mutual mistake, Kent v, Fair, 392 Pa, 272, 140 A,2d 445 (1958); Schlosser v, Weiler. 377 Pa, 582. 105 A,2d 331 (1954); Barsons and Overbrook, [ne, v, Arc Sales Com" 227 Pa, Super, 309, 324 A.2d 467 (1974), In Ihc instanlmaller. there wns a speci tic offer and agreement 10 settle Ihis maller, The parties ngreed that all nl<lllers, involving several propcrties nnd related parties, to be jointly tenninated, Thus a sClllement contract wns fonncd, The continning leller arc suflicientto create a binding and enforceable selllement agreement. Generally. no fonnal writing or language is necessary to establish the existenee of a binding contrnct. In the cnsc where n contract is agrccd to by the pnrties and the wrillen instrument of the contrncl itsclfis only n fomllll reckoning of the previously agreed to eontraet, such a contrnct will. ncvertheless. be fully enforceablc. Woodbridl!e v, Hall, 366 Pa, 46, 76 A,2d 105 ( 1950) [whcre a sClllcmcnl was orally reached inlhe courthouse prior to a property dispute trial, thc Court spccifically enforccd such un oral agreemcnt]; Mainlinc Thcalres v, Puramount Film Corporation, 298 F,2d 801 (3d Cir" 1%2) [whcre mutuul assenl was cxpresscd orally by all parties to sCllle an anti-trust mailer for u speci fied amount. und no fonnul offcr and acecptanee was wrillen, the Court held that u biluteral contrncl urosc and wus fully cnforceablc], Gross v, Pcnn Mutual Life Insurancc Coml1unv, 396 F,Supp, 373 (E,D, Pa" 1975) [whcre both partics agreed upon the esscntialtcnns of a scttlemcnt contract to end litigation. and the only aet remuining was fonnalizing thc agrccmcnt, thc a party could not revoke the agreement beeause a prescnt and Icgally binding contract cxisted. and such must bc enforced], Two opinions issucd by courts of common pleas of this Commonwcalth, both of which have becn affirnlcd by our Supcrior Court, are also instructive and persuasive as they involve facts which are unalogous und similur in thc matcrial aspects to the prcsent maller, In Kennedv v, Erie Insuranr.c Exchanl!c, 64 D&C 2d. 227 (1972), tiff., 228 Pa, Super, 849. 316 A.2d 630 (1974). thc Dcfcndanl insurance company scnlthe attorney for the Plaintiff a letter which conlaincd an offer to scttlc thc personal injury claim of thc Plaintiff for a specitied sum ofmoncy, The Pla;ntiff agrccd to thc settlcmcnt offcr and her att:>mey sent a leUer to the insurancc company informing thcm of the acecptancc, The insurance company then telephoned and wrote 10 thc allomey for the Plainti ff telling him thallhey had ehanged their minds and t , rcvokcd thc offer, Thc Court held thatthc acccptancc by the Plaintiff of the offcr crcatcd a t , \, , " binding contract, which should be cnlorced: [T]hc applicablc principlcs arc that a contmet is madc utlhc timc when the Inst act nccessary for its fonnation is done and atthc place wherc thc tinal uct is donc. When an acccptancc is tmnsmillcd. it is opemtivc und complcted whcn put out ofthc offcrce's posscssion rcgardless of whcthcr or not il reachcs thc offcror" Restntement Contracls 9964, 74, Id,. 64 D&C 2d at p, 23 I, Pcrhaps evcn morc to the poinl, is LioilZ v, Snvdcr, 14 D&C 3d 496 (1978), aff.. 275 Pa, Super, 618,423 A,2d 1323 (1979). wherc thc allorncys for bOlh the Plaintiff and Defendant agreed to settle a disputed tort action for a spcciticd sum ifmoney; however, the Plaintiffs then refuscd to exccute thc releascs as omlly agrced upon, Thc Court in holding thai the oral agreement was u binding and enforceablc contract staled: Thc law is c1car Ihal where the c1icnt is advised to the proposed selllcment offer and aUlhorizes counsel to accept, a tinal sclllemenl has been reached, To hold other- wise would be to injccl serious problcms inlo an already ovcrburdened system. Cases are usually sell led when lisled for trial and at a lime when the partics are prepared to pro- ceed. IfPlainliffs Ihen agree 10 u selllement, witnesses are excused. schedules are adjusted, etc, For all valid and ostensible purposes, the cuse has been sell lcd, Were we to 1I0ld tllat this is 1I0t ,~o bllt ratller eitller Plailltiff or Defelldallt call ref/lldiate it, tile former by 1I0t ,\'igllillg tile relea,~e or tile latter by 1I0t selldillg it, it wOllld remit ill makillg a III111ity Ollt of allY oral settlemellt agreemellt alld destroyillg ollr f/resellt system of disf/osillg ca~'es by way of settlemellt, , SHlPPENSBURG TOWNSIIIP. Pluintill' VS. SUBURBAN LEASING, INC'. Defendant SHlPJ>ENSBURG TOWNSHIJ>, J>lainlitl' vs. SUBURBAN LEASING, INC. Defendant SHIJ>J>ENSBURG TOWNSI III', J>lainlitl' vs, TROY AND DEBBIE BEAM, Defendants SHlPJ>ENSBlJRG TOWNSHIJ>, J>laintiff \'S. TROY AND DEBRA BEAM, Defendants IN TIlE COURT OF COMMON J>LEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 97-719CIVIL / CIVIL ACTION - LAW IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. J>ENNSYL VANIA 97-717CIVIL CIVIL ACTION - LA W IN TIlE COURT OF COMMON J>LEAS OF CUMBERLAND COUNTY, J>ENNSYL VANIA 97-1604 CIVIL CIVIL ACTION - LAW IN THE COURT OF COMMON J>LEAS OF CUMBERLAND COUNTY, J>ENNSYL VANIA 97-330 CIVIL CIVIL ACTION - LAW (") c:- ~; "Tl i ~--~ ~! ! , c . c \D -. r~ , , ~;.; , - t_~_ .. - . ! .' ~, (=..