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TOWNSHIP OF SHIPPENSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-1604
CIVIL TERM
f
I
v.
TROY and DEBBIE BEAM
Defendants
COMPLAINT
.,
1. Plaintiff is Shippensburg Township, a 2nd Class Township, Cumberland
County, Pennsylvania, a Pennsylvania Municipal Corporation with offices located at 81
Walnut Bottorn Road, Shippensburg, Cumberland County, Pennsylvania ("Township").
2. Defendants are Troy and Debbie Beam who are adult individuals whose
residence is located at 197 Beech Tree Street, Shippensburg, CumbEirland County,
Pennsylvania.
3. 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 25 Sunbeam Court and 85 Sunbeam Court,
Shippensburg, Cumberland County, Pennsylvania.
4. On or about December 4, 1993, Plaintiff enacted Ordinance No. 93-3,
Subdivision and Land Development Ordinance. A copy of the relevant portion of said
ordinance is attached hereto and made a part of as Exhibit A.
5. At all times relevant to this Complaint Defendants were subject to Section
307 H.
6. Section 307 H requires subdivision and land development plans not be
altered after final approval.
7. The Defendant has refused to comply with Section 307 H by changing the
plans that were approved for 25 Sunbeam and 85 Sunbeam Court, Shippensburg,
Cumberland County, Pennsylvania.
8. The Defendants have altered the structure from a single family dwelling to
a two (2) unit building and altered a four (4) unit building into a five (5) unit building.
WHEREFORE, for all the above reasons, Plaintiff, the Township of
Shippensburg, requests this Court to issue a Judgment in favor of the Plaintiffs and
against Defendants in the amount of $500.00 plus cost of suit, interest and attorney
fees.
J l(/ol
Date'
Respectfully Submitted
TURO LAW OFFICES
on Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
the control of erosion and sedimentation, the applicant shall prepare, for
the use and review of the Township, four (4) copies ofan Erosion and
Sedimentation Control Plan. The design standards and specifications for
said plan are contained in the Erosion and Sedimentation Control
Handbook which has been prepared by the County Conservation District
and is on file in that office and with the Township.
6. The applicant shall provide adequate documentation and certification as to
the existence or non-existence of wetlands on the site, and shall delineate
any known or suspected wetlands on the plan. Where verified wetland
areas exist either wholly, partially, or in proximity to any proposed
subdivision or land development, all necessary permits required by
Federal and State agencies for the crossing, disturbance, or removal of
such wetlands, including but not limited to filling, draining, or building
activities, shall be obtained prior to Final Plan approval.
7. No plat which will require access to a highway under the jurisdiction of
the Pennsylvania Department of Transportation shall be fmally approved
unless the plat contains the following notice: "A highway occupancy
permit is required pursuant to Section 420 of tile Act of June I, 1945, P.L.
1242, No. ~28, known as the "State Highway Law", before driveway
access to a State Highway is permitted. Access to the State Highway shall
b only as authorized by a Highway Occupancy Permit." (See 53 P.S.
Section 1058 (6), as amended.)
Section 307 Final Plats: Procedure
A. The applicant shall, not later than six (6) months after the date of approval of the
Preliminary Plat, for that portion he intends to develop, file with the Township a
Final Plat. Such filing shall include as part of the formal submission all the
materiai and other data required under the Final Plat: Specifications as listed in
Section 308 of this Ordinance. Further failure to comply with the time limitation
herein provided shall make the approval of the Preliminary Plan null and void
unless an extension of time is requested by the applicant and for good cause
granted by the Board of Supervisors.
B. The Final Plat shall incorporate all the changes and modifications required by the
Board of Supervisors; otherwise it shall conform to the approved Preliminary Plat.
Final Plats may be submitted in phases. Each phase in any subdivision or land
development, except for the last phase, shall contain a minimum of25% of the
total number of dwelling units as depicted on the Preliminary Plat, unless a lesser
percentage is approved by the Board of Supervisors in its discretion and in
accordance with Article IX of the Ordinance.
C. Ten (10) prints shall be filed by the applicant with the Township fourteen (14)
days prior to the meeting of the Planning Commission at which consideration is
desired.
3-8
EXHIBIT
J It
D. No plat shall be fmally approved unless the streets, walkways, curbs, gutters,
street lights, fire hydrants, shadc trees, water mains, sanitary sewer facilities,
storm drains, storm water detention and/or retention basins and other related
drainage facilities, recreational facilities, open space improvements as are required
by this Ordinance, have been installed and paid for in full by the applicant in
accordance with the requirements of this Ordinance. In lieu of the completion of
any such improvements required as a condition for the final approval of a plat, the
applicant shall deposit with the Township financial security acceptable to the
Township in an amount sufficient to cover the costs of any and all such required
improvements for common amenities. All matters and procedures conceming
such financial security shall comport in all respects with the provisions of
Sections 509-511 of the "Pennsylvania Municipalities Planning Code", as
amended (53 P.S. Sections 10509-10511), the contents of which are hereby
incorporated herein by reference as fully as those set forth at length herein. All
documentation conceming such financial security shall be subject to the review
and approval of the Township Solicitor. The applicant shall reimburse the
Township for the reasonable and necessary expense incurred for the inspection of
required on-site improvements. Such reimbursement shall be based upon the
same schedule, aQd shall be subject to the same procedures as are set forth in
Section 702 of this Ordinance.
E. Failure to complete any construction or development of the proposed subdivision
or land development within five (5) years foilowing the approval of a Final Plat
by the Township shall automatically render the approval of the plat null and void,
unless an extension of time has been requested in whiting by the applicant an a
written approval granted by the Shippensburg Township Board of Supervisors.
Further, failure of the applicant to comply with the requirements of Section 508
(4) of the "Pennsylvania Municipalities Planning Code", as amended (53 P.S.
Section 10508 (4)), the contents of which are also hereby incorporated herein by
reference, shall subject the subdivision or land development to any and all
changes in zoning, subdivision and other goveming ordinances enacted by the
Township subsequent to the date of their initial preliminary plan submission.
F. Before action on any subdivision plat, the commission and/or Board of
Supervisors may hold a public hearing thereon after public notice.
G. The Board of Supervisors shall act on the Final Subdivision or Land Development
Plat within ninety (90) days and as prescribed in Section 305.
H. No change, erasures, modifications or revisions shall be made on any Final Plat of
a subdivision or land development after approval has been given by the Board of
Supervisors and endorsed in writing on the plan, unless the plat is first
resubmitted to the Board of Supervisors, who shall have the option of fOI ,yarding
it to the Planning Commission for further review.
I. Within ninety (90) days after the date of approval of Ii Final Plat by the Board of
Supervisors, the applicant shall submit two (2) copies of the approved Final Plat
with original signatures of the officials approving such plat in the office of the
3-9
Recorder of Deeds of Cumberland County and forthwith file with the Township a
Recorder's Certificate that the approved plat has been recorded with the Deed
Book and Page Numbers indicated and two (2) copies of the recorded plat.
J. Whenever plat approval by the Board of Supervisors is required the Recorder of
Deeds shall no accept any plat for recording unless such plan officially notes the
review of the County Planning Commission.
K. Approval of a Final Plat to be served wholly or in part by a public sewer system
shall not constitute consent to connect a proposed or existing public system.
Section 308 Final Plat: Specifications
The Final Plat shall be drawn on reproducible linen, or other reproducible material of
equal quality (24' X 18" or less in size) at a scale of 1"=100' and show:
A. The items required to be shown on Preliminary Plats as specified in Section 306.
B. Primary control points, approved by the Engineer,.or description and "ties" to
such control points, to which all dimensions, angles, bearings and similar data on
the plat shall be referred.
C. Location and description of survey monuments. All permanent reference
monuments shown by an "X" on the plat.
D. Reference to recorded subdivision plats of adjoining platted land by record name,
date and number.
E. Certification or title showing that applicant is the owner of the land, agent of the
landowner or tenant with permission of the landowner.
F. Statement by owner dedicating streets, rights-of-way and any sites for public uses
which are to be dedicated.
G. Proposed protective covenants running with the land, if any.
H. Proposed contours at vertical intervals of five (5) feet or less as required by the
Commission.
I. Other data: The Final Plat shall be accompanied by the following data and plans
as prescribed by the Commission or as required by the laws of the
Commonwealth.
I. A Final Erosion and Sedimentation Control Plan, showing the location and
types of erosion and sediment control measures and, in instances of more
than one (I) acre of earthmoving, a report signed by the County
Conservation District, indicating that the Plan has been prepared and
reviewed as required by the "The Clean Stream Law of Pennsylvania", Act
222, July 31, 1970, as amended.
2. A copy of an application for a permit for earth moving activity or a permit
issued and signed by the Department or Environmental Resources as
required by the Rules and Regulations, Chapter 102, "Erosion Control",
under P .L. 1987, June 22, 1937, as amended.
3. In the case of subdivision and land development plans proposed for the
3-10
Troy & Debbie Beam
197 Beech Tree Street
Shippensburg, PA 17257
I hereby certify that I served a true and correct copy of the Complaint upon Troy
and Debbie Beam, by depositing same in the United States Mail. first class, postage
pre-paid on the 0 (I day of ..:)?( IV ,2001, from Carlisle, Pennsylvania,
addressed as follows:
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
,
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TOWNSHIP OF SHIPPENSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
: IN TilE COURT 011 COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: No. 97-1604
CIVIL TERM
v.
TROY and DEBBIE BEAM
Defendant.
ANSWER, AND NEW MATTER
OF DEFENDANTS, TROY and DEBBIE BEAM
The Defendants, Troy and Dcbbie Beam, through their aHorneys, JacKson, Cavanagh &
Stivale, files this response, and ncw mailer as follows:
1. Admitted,
2, Admittcd,
3. Denicd, The Dcfcndants convcycd thc property located at 25 Sunbeam Court and 85
Sunbeam Court, Shippensburg Township. County of Cumberland, Pennsylvania ("Subject
Properties') in or about September 1996,
4, Denied. The Defendants arc without sufficient inforn13tion to deny or admit whether
the alleged ordinance was properly enactcd and the date of the alleged cnactment; and therefore
deny thc samc, The Defcndants also dcny that the quoted section of Ordinance 93-3 has any
relcvancc to this maHcr,
5, Denied, Thc Dcfcndants incorporatc thcir response to paragraphs three and four
above,
6, Dcnicd, The Dcfcndants incorporate their response to paragraph four (4) above,
7, and 8, Denied, The Defendants incorporatc thcir rcsponsc to paragraphs three and
four above, By way of further rcsponse, the structurc locatcd on 25 Sunbcam Court is a single
unit group home; and the structurc located on 85 Sunbeam Court is a four unit building with a
I:
common area,
WHEREFORE, the Dcfendants respcctfully rcqucst that judgment be entered in their
favor and against the Plaintiff Township,
NEW MATTER
9. The Defcndant incorporatcs its responses to averments one (I) through eight (8) by
reference,
10. The Defendants prior to thcir convcying the subject properties in or about
September 1996, made application for building permits pursuant to plans approved by the
Commonwealth Departmcnt of Licenscs and Inspections,
11, Thc Township issucd building pcnnits r,ccording to the plans submitted with the
building permit application,
12, Thc Defendants in reliancc upon the Township review of the application for
building permit and plans, and to thcir grcat dctrimcnt, commenced construction of the structures
upon the Subject Properticr.,
13. The Dcfcndants cOlllmcnccd construction of the building structures according to
the plans filcd with thc building pcmlit application; and upon which building permits were
issued,
14, Prior to completion of Ihe structures upon the subject parccls, thc Defendanls
conveyed the properties 10 Actual Holdings,
IS. As of the dute ofconveyunce of the subject propcrtics to Actuul Holdings, the
structurcs bcing crccted thereon wcrc compliant with thc building pennits and plans upon which
building pemlits werc issucd; and compliunt wilh thc finullund dcvclopmcnt plans for the
property.
16, The Township ncvcr objcctcd to the intcrior dcsign and arrangement of the
proposed structurcs dcpictcd on the pluns submittcd with the building permit application, To the
contrary, the Township thankfully took its building permit fee upon which it performs no real
scrvicc, and issued the building pcmlits,
17, Thc Township ncvcr issucd an ordcr to thc Defcndants or thcir successor to cease
thc construction oftllc structurcs upon thc Subjcct propertics; nor tcrminatcd the building
permits,
18, The structure on 25 Sunbcam Court is u single unit group home.
19, The structurc on 85 Sunbcam Court is a four unit building which includes common
ureu,
20, This mattcr was finally rcsolvcd bctwcen thc parties as part of a global settlement
of all mattcrs bctwcen thc partics occurring in or bcfore 1999,
21, Pluintifrs c1uims against Dcfcndanture barrcd by the doctrine of accord and
satisfuction.
22, Plaintifrs cluims against Dcfcndant are barrcd by the doctrine of estoppel.
23, Plaintiff's claims against Defcndant are barrcd by the doctrine oflaches,
24, Plaintifrs claims aguinst Dcfendunt urc burrcd by the statute of limitations,
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TOWNSHIP OF SHIPPENSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-1604
CIVIL TERM
v,
TROY and DEBBIE BEAM
Defendants
ANSWER TO NEW MATTER
9, No answer required,
10, Neither admitted nor denied, The Plaintiff is without sufficient information to
formulate an answer as the information is within the exclusive possession of the
Defendant and proof of the same is demanded at trial.
11, Admitted.
12, It is admitted that the Defendants began construction, It is denied that such was
to allY great detriment of the Defendants,
13, Denied, By way of further answer Plaintiffs re-allege that the construction did
not follow did not follow the plans submitted to and approved by the Township,
14, Neither admitted nor denied, Defendants are without sufficient information as to
these allegations and proof of the same is demanded at trial.
15, Denied, By way of further answer Plaintiffs re-allege that the structures were not
constructed with compliance with building plans and permits issued by the Township,
16, Denied, The Township has consistently objected to this and did so from the
beginning prior to the filing of this lawsuit and consistently since that time,
17, Denied. This lawsuit is the aUemptto require Defendant's to comply with
Township Ordinances,
18, Denied, Construction of 25 Sunbeam Court is a two-unit home and not a single
family dwelling as approved by the Township.
19, Denied. 85 Sunbeam Court is a five-unit building and not four unit building as
approved by the Township,
20. Denied, The issue before the Court was not addressed in a global settlement
and therefore this matter is properly before the Court at this time,
21, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
22. The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
23, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
24, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
25, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
26, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
27, The allegations in this paragraph are legal conclusions to which no response or
pleading is required,
VERIFICATION
I, Ron Turo, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of
the facts contained in this Answer to New Matter and verify that the statements made in
the foregoing Answer to New Matter are true and correct to the best of my knowledge,
based upon information received from the Plaintiff, I understand that false statements
herein made are subject to the penalties of 18 Pa, C,S,A, 94904 relating to unsworn
falsification to authorities. A verification executed by the Plaintiff will be filed of record
as soon as it becomes available,
d/J-71c//
Date
CoMMONWIALlH 0' PlNNSYLVANIA
COUIY 0' COMMON 'LlAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTlICT
DISTRICT JUSTICE JUDGMENT
COMMON 'LIAS No. q7 IloOL./- C;""~D1erm
NOTICE OF APPEAL
Notic. is given that !he oppellant has filed in the above Court of Common Pleas on oppeol from the judgment render.d by the Distrkt Justic. on the
date and In !he cose mentioned below.
~ 'O.1Ll.",,\ 't~],
cry z. COOl
.sk; 17~-
~.:.,.,."\ 1,. Be "\2.
CV 19. '2.2. - 97
LT 19
This block wiD be signed ONLY when this nolo~on is required under Po. R.c :JP,
10088.
This Notic. of Appeal, when receiwd by lhe District Justice, will opomte os 0
SUPERSEDEAS 10 the judgment for pollessian in this COle.
UJ<- '
/lant was CLAIMANT (see Pa, R.GP,JP, No,
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
SignatlXD 01 Prothonolary (J( Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fonn to be used ONLY when appellant W1lS DEFENDANT (see Pa, RC,P,J.P, No, 1001(7) in action belore DislIic/ Jus/ice,
IF NOT USED, detach lrom cCPY 01 notice 01 appeal/o be served upon appellee),
PRAECIPE. To Prothanolory
Enlerruleupon <;k'Ppen.s \'....M 1Ci, ,,'\c'l1P,
J N.:mo 01 a;:pclloo(s}
(COIMlOn Pleas No. qF'J - I to 04- (.: ;,0 "Ti> rt1\ ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~
~~o^'
~ Sq1Dtuu 01 awe_ (J( Ivs 8t>:mey (J( /IfIC'II
, oppeIJee(s), to file 0 complaint in this oppeoI
RULE. To
ski rP''' ~6t...~ /'uu'1.sL ;~
Nimc _sJ
, oppellee{s).
(1) You ore no~fied that 0 rule is hereby entered upon you to file 0 complaint in this appeal within twenty (20) days after the dole of
service of this rule upon you by penonol s"",ic. or by certified or registered moil
(2) If you do not file 0 complaint within this time, 0 JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU,
..
(3) The date of service of this rule if s",vice w,,, by moil is the dote of moiling.
Dote: rnonch ,3/.$+. 19q7 , ~\illL\lL'1'1or0: Ok.
S9>aMo 01 Frott~...a., CIt lloJllItY
",~
'\
NJPtC 312-&4
COURT FILE TO BE FILED WITH PROTHONOTARY
7'j ~ rJ>
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(ThiS prool 01 someo MUS T SE FIL ED WITI/IN TEN I 10) DA YS AF TER "llIIg Ino nolleo 01 uPPoal CllOCk nppiitoblO bOAo,)
-,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; II
AFFIDAVIT: I hereby swear or altlrm Ihnllsorved
o .1 copy of the Notice 01 Appeal. Common rh~a3 No _____.__._ . upon the District Justice designated lhflfcln on
(data of SUfVICO) . 19_. 0 tlt' plHsonal ser'o'ICO 0 by (cefllhed) (registered) mail, sendor's
receipt attached heroto. and upon the appellef~, (nanlfJ) , on
. 19_0 by per~onfll sC''o'.ce 0 by (CfHtlfwd) (rcg''''l('red) mall, sendi1r's receipt attached hereto
o Hnd further thai I served ttH! Rull' 10 FlIe II Cumplalnl accOrnp.1nYHlg ltle abo....e Notice of Appe.l! upon the appollcfJ(~) lowhom
the Rule was addressed on __. 19,n_~ 0 hy p(H~onal 5cr\llCe 0 tlY (c(~rllft(>dl (registered)
mall, sender's receipt nttached hereto
SWORN (AFFIRM EO) MW SUBSCRIBED BEFORE ME
THIS
DAY OF
,19_
S,gnaturo of atllanl
S,gnature of olf,c:,)1 be Ill/II l'Ithom dll,diJ~lll'It.l1 r',tdet
r,o, o'ar/'CI"
My commission expHes on
,19_,
.' :~,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
"'ao ()lit No
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME on. AllOOES3
fSHIPPENSBURG TOWNSHIP I
P.O. BOX 219
SHIPPENSBURG, PA 17257
L ~
09-3-01
OJ N&IM "on
DONALD W. DAIHL
....... 81 WALNUT BOTTOM
P.O. BOX 361
SHIPPENSBURG, PA
,_, (117) 532-7676
VS.
DEFENDANT:
r.;
BEAM, DEBBIE, ET AL.
197 BEECH TREE ST
SHIPPENSBURG, PA 17257
L
NAME and ADOREDS
I
17257-0361
~
TROY BEAM
197 BEECH TREE ST
SHIPPENSBURG, PA 17257
Docket No,: CV-0000022 -97
Date Flied: 1/29/97
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT .mDGMENT PLTF
[R] Judgment was entered for: (Name) SHIPPENSBURG TOWNSHIP
[R] Judgment was entered against: (Name) BEAM. DEBBIE
In the amount of $
D Damages will be assessed on:
(Date of Judgmenl)
(Date & Time)
e;fifi fie; on:
"lIne; IQ7
I
<
Amount of Judgment $
Judgment Costs $
Interesl on Judgment $
Attorney Fees $
SOO.O,q
66.65
.00
.00
566.65
!
D This case dismissed without prejudice,
TOTAL
$
D Levy Is stayed for _ days or D generally stayed,
D Objection to levy has been filed and hearing will be held:
Date:" - -.-
,', ",', Place:
-,..-
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUD\lMENT BY FI~NG A NOTICE
, OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION .
YOU MUST INCLUDE A COPY OF THIS NOTICE OF 'JUDGMENlITRANSCRIPT FOR~'WrrH YOUR NOTICE, O'F. APPEAL
:"",.1.." 'r'~..'" .....,.'.~.. '. ,'ot :: . '" ',..' _...........
. I' .. I ",' . .;.} .~ .0.,...,... ~""""~ _-""'-.: ~... .
. ,/',:;;' ",. ':, -" "Dale.; " :-.. ' . , : " . , District JU51rce
. -:. .: ":.' ......1... . ',}. ":-...--:' ,:.' '.... ":"', ' .. '-:.' . .
I certify that this Is a true and correct copy of the record of the proceedings containing the judgment. '
, ,
Dale
, District Justice
SEAL
My commission expires first Monday of January, 2000,
AOPC 315-96
"
. COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAI" ....AOOf1[llS
rsHIPPENSBURG TOWNSHIP ,
P.O. BOX 219
SHIPPENSBURG, PA 17257
L ~
Mag o..lNo:
09-3-01
OJ Name. Hon
DONALD W. DAIHL
........ 81 WALNUT BOTTOM
P.O. BOX 361
..,. ',' "SHIPPENSBURG. ,PA
T~J~17) ~32-7676 17257-0361
VS.
DEFENOANT:
r;; NAM( and AOOflE5S
BEAM, DEBBIE, ET AL: ,'...'
197 BEECH TREE ST
SHIPPENSBURG, PA 17257
L
" ''l
~
,"." ...
TROY BEAM
197 BEECH TREE ST
SHIPPENSBURG, PA 17257
DockatNo.: CV-0000022-97
Date Flied: 1/29/97
. ,
THIS IS TO NOTiFY YOU THAT:
Ju!:lgme(lt:.
_nRFr.m.T ,mD(:!MF.NT P.I>TF
[!I Judgment was entered lor: (Name) SH!PPENSBURG TOWNSHIP
[!I Judgment was entered against: (Name) BEAM. TROY
"II"" Iq.,
in the amount of $
o Damages will be assessed on:
",;,; ';'i on:
(Date of Judgment)
(Date & Time)
,'500.00
'66.65
/, Amount of Judqment ' $
'-Judgment-Costs $
Interest on':roagffient $
" ' Attorney Fees $
.. ,
TOTAL $
I,
; ,
(
.U
.00
566.65
. 0 Thls'case dismissed without prejudice,
"".
o Levy Is stayed for _ days or 0 generally stayed,
o Objection to levy has been filed and hearing will be held:
_' ~__. ",_ __.I->__'__.~--""..a-""- --"'~"~
-_. ,...' "- "-"
"".,. .---,"
Date:
Place:
Time:
ANY PARlY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY O~ JUDGMENT BY flUNG A NOnCE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT QF COMMON PLEAS, CML DMSION ,
" Y,04 MU~J'.IN~LU.oE ,A c.oPY Of THIS NOTICE OF JUDGMENT(TRANSCRIp! FORM W'~!,OUR NOn~e OF I.PPEAI.__._
. . "',.0/'\' ",/'1 ,,' ,,' ,,-,,-~.....---
~~,_, .", , _ _' Oat~' 1,_ ',~' ",-/., ", {'-. (~, . 'District Justice
,. i .
'l j' ." ."i.
1 certify that this Is a true and correct copy of the record of the proceedings containing the ludgment.
. '
Date
"
, Dlstrlct Justice
SEAL
My commission expires first Monday of January, 2000.
Aope 315-96
C~'Al Of PlNN.TlYANIA
COUIf Of COMMoN PIIA'
NOTICE OF APPEAL
JUDICIAL DIIl.IC'
fROM
DISTRICT JUSTICE JUDGMENT
COMMONmA'N.. Q7-ltDOL./- (\;,'J)Term
NOTICE OF APPEAL
Notice Is gIwn that the appe/Je.,t has filed In lho above COlKt of Convnon Pleas on appeal from lho judgment rendeted by tho Di",ict Justice on tho
dote and In the case mentlontd boIow
~~~~..~.,;<
I ) l.,
~ ~o'" '1 eo '1'
On
$/.-:
ZP COOl
/72s"
".~
E"'r A- L BEor."", '\'eO)
cv 19. 2,1. - 97
IT 19
ThIs bIocIc win be algned ONLY when lhis nolotion is required under Po. R.cP JP.
10088.
ThIs Notice of AppeoI, when receiYOd by tho District Justic., will operate os 0
SUl'ERSEOEAS 10 tho judgment fo< possession in this case.
I l/ant was CLAIMANT (see Pa. -R-C,P.J.P. No.
100 1 (6) In Bellon before District Juslicf]. he MUST
FILE A COMPLAINT within twenty (20) days attor"
filing his NOnCE of APPEAL, ,
Signaturo 01 PtotI>onoiiiY 0< Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND. RULE ,TO FILE \ r:. '. h ,
(ThIs section of form to be used ONLY when appel/ant was DEFENDANT (see Po. RC,P.J.p. No. 1001(7) In BCtlon,beforo DlstTict Justfce.
\.. \ -, ,.
IF NOT USED, detach (rom ccpy 01 notice o( appeal to be served upon t/pp'Jl/ee), "', '\, -:,"j \j ,f,<.' ~\ ,\ \j)' \v
PRAECIPE, To Prolhonolory ,,,__,_,_.. ..___..:...,._~_',..~\' , .'
I ( I i\ f 'MGIMmov. ! ' .;
EnferruleUpon ,<;"l~pt-Y\< tx..,,~ 'ICi, ''''(''-It'''. I, C....!o'iYll/ldnl'.,(I)lIb,fiIi...:C<lI;",UdfnlIiJq:;peg/.,.", ,,:
' ' , ..J -... 01 ~" Y~~'.>J,t"'rJ",~r,,,oJ ,OJY"') OlloJ<nll<l<ihl, ',',I- ,"-;~
"""""""':'" Q:~ - 11.04 r.' .'.O.,.,~ I.... ...... "'I"" ....!~.(;;;~,~,:~ ~ """:'f~
.-.\~'\lJi:'(~.J . ',: :':,'j:
k 6 ' S/gloftn,oI~q,!'!"~""'/~fl
RULE'To S '~,,~ (...~ "OI~"S.t..;.p. ,.,.",....(.~ ,::....'>',~,',,::;~ 'Y:~i
' .. - -"c..:_,5.',;;y~
' (1) ~ou,~ noij~ that 0 rule b ~ enlered",?",,)'OU 10 ,file oCOfTll/oint In this appeal within "-'Y (2ri)'~-s-., ,'~., -~, '. ",.'bf,i",'" 'i,: ;,:=I~',,::\; ,:0', ;,^":~;X
- of this ruIi Upon)'OU by personal servICe 0< by cernfied or regutered 1110I1 ", ',_ ^,,;, , 'J '" ...,',c:-,-.:"':'^\,, :\,
' , ,,;.,':,';;:, ,; ',:':'."\ ?'~<:~ ,~~Z~
(2) 1f)'OU do not file 0 compIojnt w~hin this Hmo, 0 JIJOGMfNT OF NON PROS WIll Be ENTEREo ~ YOu.;.',c. ',.. ~:,::"i'\:c,; ':.',
'".;. i..;.-,~'. ,~_~ :-'::r:!?~,I:t:;:.\~~~~!4(_~J,4.~.
(3) The dote of service of this rule if service was by moil b tho dote of maiIir1J., " /"V';':":i:,';;.'7~;
Dote: O1011ch 3/~ ,19Q., , ll~Q t)~. "t:;t:1,};t~;;iM:fP~
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AClPC312-84
COURT ALE
.
",.... '--'"
"
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proal 01 serrico MUST BE FILED WITHIN TEN (10) DA YS AFTER liIing the nOl,ce 01 eppeal, Checksppliceblo bo>es)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~.._'b~'" -d.
AFFIDAVIT:
;u
I hereby swear or affirm that I served
. ....."
~ copy of the Nolice at Appeal, Common Pleas No, 97 - {Coo .( ,upon the Dislrlci Justice deslgnaled therein on
(dato 01 serv;co) 3/3! ,19..L.:l, 0 by personal service 0 by (certified) (roglstered) mail, sondor's
ror-clp! attached hereto, and upon the appellee, (namo) I. ,;00,
, 19--0 by personal service 0 by (certified) (regislered) mail, sonder's receipt allached her~t';,
12!1- and furthor thall servod the Rule 10 File a Complaint accompanying tho above Nolleeof Appeal upon'theoppqlleo(l) iOWhom ,
tho Rule was addressed o'n 3 \ ~ \ ,19.2.:2.. 0 by personal servico l1S.by Icerlifled)'(reglsfOred) ,
,
moll, sender's receipt ollached hereto,
1"1
SWORN (AFFIRMED) AND SUBSCRIBEO BEFORE ME
THIS ..3 I DAY OF mQY'~1. :19.9.1
~a!J,J/.;,()., () ~M,/.JJI/.J
Slgn.tur. of officII' before ..flam s'''dlwl was m!d
~tllliaIS.a1
Bora, C' Counl'/
Inion Explr.. March 9, 1998
.f'IIrn9l'I'O<ri
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8
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My commission
p- 492 349 255
"
US PO'IaI Servlco
Receipt for Certified Mall
No Insurance Covorage Provided.
00 not use lor Inlomalional Mail SeB reverso
Se 110
~ ",
~
'" ~'.
Postaoe
$
Certified Foe
Sped~ OoIMory F..
ReSlrlclcd Oei'o1lry Feo
OIl
m Return Receipt ~ 10
.... \VhomlO WI
i:Rttd
.'( 0..,
g TO
CO
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E
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SiQnaturfJ .01 "m,nt.
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i-'''';''
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewrlllen and submitted In dupllcale)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY trial al the nexllerm of civil courl.
x
for trial without a jury,
.............................................................................................................................................................................
CAPTION OF CASE
(entire caption must be stated in full)
Icheck one)
Assumpsit
Township of Shippensburg
Trespass
Trespass (Motor Vehicle)
(Plaintiff)
~) Ordinance Violation
(other)
vs,
The trJallisl will be called on
Troy & Debra Beam
and
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
forthwith a copy 01 the praecipe to all counsel,
pursuant to local Rule 214,1.1
No, '17-1 ';04 Civil ,_Tel:m
19 n
-
Indicate the allorney who willlry case lor the party who files this praecipe:
Ron Turo, Esquire
-------.--- -
Indicate trial counsel for other parties if known:
Lee Stivale, Esquire
.._._._~-..- ---.... .--- --
. ----.----------
I
,.. -. .-- -
This case is ready for Irial.
Date:
March ..!.L..?,Q.01____
Signed: _+
Prinl Name: ~u.r::o, Esqui.t:..
Attorney for: Shippensburg _T9\ol..nllb.j.,p,_.
vs,
IN TI-JE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
97-1604 CIVIL
SHIPPENSBURG TOWNSHIP.
Plaintiff
TROY AND DEBRA BEAM,
Defendant
CIVIL ACTION - LAW
IN RE: NONJURY TRIAL
Lee Stivale. Esquire
For the Defendant
K~,~i
2:-7:01
wJ
*
ORDER
AND NOW. this JO" day of May, 2001, pretrial conference in the above captioned
matter is set for Friday, July 27. 2001. aliI :15 a,m, in Chambers of the undersigned,
BY THE COURT.
Ron Turo, Esquire
For the Plaintiff
Court Administrator
:rlm
TOWNSHIP OF SHIPPENSBURG
CUMBERLAND COUNTY
PENNSYLVANIA,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
TROY AND DEBBIE BEAM,
SUBURBAN LEASING, INC,
Defondants
:NO. 97-330
97-717
97-719
v97-1604
CIVIL TERM
CIVIL TERM
CIVIL TERM
CIVIL TERM
v,
STIPULATION OF COUNSEL
AND NOW COMES the Plaintiff, Township of Shippensburg, County of
Cumberland, Commonwealth of Pennsylvania by and through its Solicitor Ron Turo,
Esquire and the Defendants, Troy and Debbie Beam and Suburban Leasing, Inc., by
and through their attorney, Lee A. Stivale, Esquire and Stipulate that the above
captioned matters which all involve actions brought by the Township of Shippensburg,
County of Cumberland, Commonwealth of Pennsylvania, based on allegations under
the Township Rental License Ordinance and Subdivision and Land Development
Ordinance are hereby consolidated for trial based on the fact that the parties and legal
issues are similar and such consolidation would be in the best interest of all parties
including the Court,
(;;;10/
Date
...
on uro, Esquire
Solicit 'nsburg Township
611~/
Date
Lee A. Stivale, Esquire
Attorney of Defendants
'- _"1- ~
r...
" C'-. ,..
" .. ''5....
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" :jiD
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.
SHlPPENSBURG TOWNSIIII',
Plaintiff
vs,
SUBURBAN LEASING, INC,
Dcfcndant
SHIPPENSBURG TOWNSHIP,
Plaintiff
vs.
SUBURBAN LEASING, INC,
Defcndant
SHlPPENSBURG TOWNSHIP,
Plaintiff
vs,
TROY AND DEBBIE BEAM,
Dcfendants
SHIPPENSBURG TOWNSHIP,
Plaintiff
vs,
TROY AND DEBRA BEAM,
Defcndants
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
97-719 CIVIL
CIVIL ACTION - LAW
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
97-717 CIVIL
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEN~~:):'ANIA
97-1604 CIVIL , ~t~ V
CIVIL ACTION - LAW l ~.()\
"-'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-330 CIVIL
CIVIL ACTION - LAW
IN RE: NONJURY TRIAL
A prctrial confcrcncc was hcld in thc abovc mattcrs by tclephone conferencc call on July
...
!
I
I
.1
I
'P~i 4. I} f/J
TOWNSIIII' OF SIIII'PENSBUI{G,
CUMUERLANU COUNTY,
PENNSYLVANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBEIU,ANI> COUNTY,PENNSYLVANIA
Plaintiff,
: No. 97-t60-l
CIVILTlmM /
v.
TROY and I>EBUlE BEAM
Defcndunl.
TOWNSIIIP OF SIIIPPENSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plainliff,
: No. 97-717
CIVIL TERM
\',
SUBURBAN LEASING, INC.
Defendant.
TOWNSHIP OF SIIIPPENSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Pllllntirr,
: No. 97-719
CIVIL TERM
\'.
SUBURBAN LEASING, INC.
I)cfendllnt.
.
i
f
OJUlER
AND NOW, this
day of
,2001, upon considerntion of the
:1
Motion to Enforcc thc Scttlcmcnt Agrccmcnt bctwccn Dcfcndanls :md Shippcnsburg Township,
it is hcrcby OIWElum and nEClumn that said Motion is GRANTEn,
Accordingly, tbc Scttlcmcnt Agrccmcnt bclwccnthc partics hcrcin is dcemcd to be
SPECIFICALLY ENFORCED, and cuch ofthc matters ubovc captioncd arc dismisscd with
prejudice,
Furthcrmorc, Dcfcndunts arc cach hercby awurdcd rcasonaole attomey's fees in the
amount of$
to be paid by thc PlaintiffShippcnsburg Township due to its arbitrary
conduct in dishonoring the scttlemcnt agreement.
BY THE COURT:
Hess, 1.
TOWNSIIII' OF SIIII'I'ENSBURG,
CUI\IUERLAND COUNTY,
I'ENNSYL VANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUI\IUERLAND COUNTY,I'ENNSYLVANIA
I'lalnllff,
: No. 97-t604
CIVIL TERM
\'.
TROY and DEBBIE BEAM
Dcfcndant.
TOWNSHlI' OF SIIII'I'ENSBURG,
CUMBERLAND COUNTY,
I'ENNSYL VANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I'laintlff,
: No. 97-717
CIVIL TERM
v.
SUBURBAN LEASING, INC.
Dcfcndant,
TOWNSHlI' OF SIIII'I'ENSBURG,
CUMBERLAND COUNTY,
I'ENNSYL VANIA,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I'lalntiff,
: No. 97-719
CIVIL TERM
\'.
SUBURBAN LEASING, INC.
Dcfcndllnt.
i
I
I
I:
,
,
MOTION TO ENFORCE SETTLEMENT AGREEMENT
Thc Dcfcndants ahove captioncd hcrchy filc this motion to cnforce scttlcmcnt agrccmcnt
and rcqncst tlmt cHch ofthc thrcc cHplioncd mattcrs hy dismisscd wilh prcjudicc:
lIackJ:rlIund:
I
I
i
A. Twp. ol'ShlpllCIIShul'J: \'. IIcum, No. 97-t604
\. Shippcnshurg Townshiplilcd civil Hction conccrning Ihe construction of the
huildings on the propcrtics locatcd at 25 SunhcHm Courl Hnd 85 Sunhc,ull Court, Scc ComplHint
attach cd hercto HS Exhihil "1\,"
2, Troy ami Dcbhic Bcam Ir<lnsfcrrcd thc Sunbcam propertics (located withinthc
subdivision known as "Rocky Knob") to I\ctuallloldings in or about September 1996, See
Answer and New Mattcr of BCHm attached hcrcto as Exhibit "8,"
B. TWII. orShippcnshurg v. Suhnrhun Leasing, Inc., No, t997-7t7
3, Shippcnshurg Townshiplilcd civil action conccrning the inspcction and licensure
of the residential rentHl propcrly located at81 Walnut Bottom Road. See Complaint attached
hereto as Exhihit "C,"
C. Twp. of Shipp ells burg v. Suhurbun Leasing, Inc., No, 1997-7t9
4. Shippensburg Townshiplilcd civil action concerning the inspection and licensure
ofthc rcsidcntial rcntal propcrty locatcd at22l High Slrcct. See Complaint attached hereto as
Exhibit "D,"
11. Settlemcnt Negotiulions
5. Scttlcmcntncgotiations commcnccd bctwcen the parties concerning the thrce
enumcr<ltcd cascs ahovc captioncd as wcll HS thrcc othcr cascs, Attachcd herclo as Exhibits "E"
and "F" arc copics of lellcrS of Fchruary 2 ,md 21, 2000, conccrning Ihc subjectlitigHlion of
housing inspcctions ,nlll pcnding litigation involving Ihc Rocky Knoh Suhdivision,
6, In an enort to avoid the expense and huards of litigation, the partics, through
lengthy negotiations, agreed to fiually settle all matters pending as of March 2000, with the joint
filing praecipes ending all of the matters,
Specifically, Ron Turo, ES1lnire in his letter of March 2, 2llllll, COnfilll1S the agreement
and states:
I write as a follow up to onr various phone conversations in the above captioned
matter ami 1 havc recllll1lllemled to the Township of Shippcnsburg that it agrce to
resolvc all cases by a joint withdmw of thc matters, If your cllcnts are willing to
do this there will be no need to lIt1gale the curreut matter that I have begun
IInd will consider 1111 prior mlltters closed.
The Ron Tura, Esquire Icttcr of March 2, 20ll0, is attached hcrcio as Exhibit "G,"
7, The partics agreed to scttlc all litigation mailers thcn currently pending as of March
2000, and involving thc Sunbcmn Propcrty, also known as the Rocky Knub Subdivision, and the
rcntallicencing cases,
8, On April 6, 2000, counsel for thc partics provided Ron Turo, Esquire with praecipes
settling thrcc matter filed in 1998 and 1999, but neglectcd to filc the three above captioned cases
which arc thc subject of this motion, A copy of the April 6, 2000 letter is attached hereto as
Exhibit "11,"
9, The three Illattcr pending beofre this Court were not actively pursued for four years
resulting in the Prothonotary of Cumberland County issubg notice that the sanme would be
involuntarily tenninated for inactivity and failure to prosecute,
10, Inlllaterial brcach of the Settlcment Agreement, the Township filed complaints in
eaeh of the three Illallers pcnding beforc this COllrt. and has refuscd to file ajoint praecipe
tenl1inating thc sallle,
VEIUFICATION
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I, Lee A, Stivale, hercby vcrify that thc statemcnts sct forth in thc attachcd Motion are true
and correct to the best of my knowledge, infonnation, and bclicf, Imakc the statcments therein
sllbjectto 18 I'a, C.S, 4904 rcgarding lInswom falsification to authorities and the penalties relating
---~-..,
thereto,
----~
Date: 7/10/01
/
)
Lee A, Stivale
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TOWNSIIII' OF SIIII'I'ENSIIURG,
CUMIIERLAND COUNTY,
I'ENNSYL VANIA,
: IN TilE COURT OF COMMON I'LEAS OF
: CUMIlERLAND COUNTY, I'ENNSYLV ANIA
I'llIintiff,
: No. 97-1604
CIVIL TERM
v.
TROY nnd DEBBIE BEAM
Dcfcndllnt.
TOWNSIIII' OF SIIII'I'ENSIIURG,
CUl\lIIERLAND COUNTY,
I'ENNSYL VANIA,
: IN TilE COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I'lnintiff,
: No, 97-717
CIVIL TERM
v.
SUBURBAN LEASING, INC.
Dcfcndnnl.
TOWNSIIII' OF SIIII'I'ENSBURG,
CUI\1I1ERLAND COUNTY,
I'ENNSYL VANIA,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I'lnintlff,
: No. 97-719
CIVIL TERM
\"
SUIIURIIAN LEASING, INC.
Dcfcndnnt.
In light of the foregoing, thc Defendants, 1110l'e this Ilonomblc Court not only to
specifically enforelltlw Slllllcl1111nt AgrCCI1111nt, but also to awanl Defendants costs, c"penses and
reasonable ullomey's fees expllnded during these proceedings in order to have the Sclllement
Agrecmcnt spccificully enfilrCed.
DlSClJSSION
A selllcmcnt contractlikc uny other contruct or agreement, to bc enforccable, must
possess all elcments of a I'ulid contract - Lc, un offcr, ucceptance and valuable consideration,
Sale v, Amber, 335 Pa, 165, 6 A,2d 519 (1939); Go~e1I', Blaofskv. 187 Pa, Super, 32, 142 A,2d
313, (1958); Baum~urtner v, Rinncy, 1561'u, Super, 167,39 A,2d 738 {I 944), Where a binding
settlement to rcleusc hus becn agrced to by the parties, rccission ofthc contract, just as recission
for any contract, must be on propcr grounds, Jones v, Pennsvlvunia Railroad, 1431'a, 374,22 A,
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883 (1891), such us fraud, duress, or Olutualmistakc, Kent v, Fuir, 392 Pa, 272, 140 A.2d 445
(1958); Schlosscr v. Weiler, 377 Pa, 582, 105 A,2d 331 (1954); Barsons and Overbrook. Inc, v,
Arc Sales Com" 227 I'u, Supcr, 309,324 A,2d 467 (1974),
In the instuntmuller, there was u specific offcr and ugreement to sellle this maller. The
parties agreed thut ullmullers, involving scvcml properties und related parties, to be jointly
tenninatcd, Thus a sclllllmllnt contract was fonned,
The confirming leller un: sufficicnt 10 crllate a binding and enforceable settlement
ugreement. Gencrally, no formul writing or lunguuge is nccessary to cstablish the existence of a
binding contrucl. In thc cusc wherll a contract is agrccd to by the parties and the written
inslrumcnt ofthc contruct itsclfis only a fonnul reckoning of the previously agrecd to contract,
such a contmctwill, nevcl1hclcss, bc lidly cnforccablc, Woodbridge v, Hall, 366 Pa, 46, 76 A.2d
205 (1950) [whcrc a sclllcmllnt wus orally reuchcd inlhc courthouse prior to a property dispute
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trial, the Court ~pccilicully cnforccd such an omlugrccmcul]; Muinlinc Thculre~ v. PUnlmount
Film ConlOmlion, 298 F.2d 80 I (3d Cir" 19(2) [whcrc mutual as~cnt wa~ c"prcsscd orally by all
partics to selllc anunti-trustmullcr for u spccificd H1nount, und no lilrlnuloftcr und ucccptunce
was writtcn, thc Court hcld thutu bilatcml contracturose und wus fully cnforccublc], Gross v,
Penn MutualLifc Insurancc Companv. 396 F,SuPP, 373 (E,D, I'a" 1975) [whcrc both purties
agreed uponthc cs~cntialtcrms of a scttlcmcnt contructto cnd litigation, and the only act
rcmaining was formalizing the agrcemcut, thc a party could not rcvokc thc agreement because a
present and Icgally binding contruct cxistcd, and such must be cnforced],
Two opinions issucd by courts of common picas of this Commonwculth, both of which
have bcen affinned by our Supcrior Court, arc also instructivc and pcrsuasivc as they involve
facts which arc unalogous uud similar in the matcrial aspccts to thc prcscnt matter, In Kennedv v,
Erie Insurancc Exchan~e, 64 D&C 2d, 227 (1972), (Iff., 228 I'a, Super. 849, 316 A,2d 630
(1974), the Defendant insurance company scut the allorney for the Plaintiff a letter which
containcd au offcr to sclllc the pcrsonal injury claim ofthc Plaintiff for a specified
sum of money, The Plaintiff agrccd to the settlement offer and her attJrney sent a leller to the
insurunce company infollning them ofthc acccptance, The insurance company thcn telephoned
and wrote to thc allomey for the Plaintiff telling him that they had changed their minds and
revoked the offcr, The Court held that the acccptunce by tbc Plaintiffofthe offcr creuted u
binding contruet, which should be enloreed:
[T]he upplieuble principles ure tlmt u contruct
is mude ut tbe time whcnthe lust uctncccssury
for its fornmtion is donc und ut the plucc wherc
thc finul uet is donc, Whcn un ucccptuncc is
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trunsmittcd, it is operutive und completcd whcn
put out ofthc offcree's posscssion rcgurdless of
whcthcr or not it reuches the offeror"
Restutement Contructs 9964, 74, Id" 64 D&C 2d ut p, 23 1,
Perhaps cvenlllorc to the point, is Lillitz v, Snvder, 14 D&C 3d 496 (1978), aff.. 275 Pa,
Super, 618, 423 A,2d 1323 (1979), whcre the uttomcys for both the Plaintiff and Defendant
ugreed to settlc u disputcd tort uction lor u spccified sum ifllloney; howevcr, the Plaintiffs then
refused to execute the relcuscs us orally ugrccd upon, The Court in holding that the oral
agreement wus u binding und enforceublc contruct stated:
The law is clcar thut where the clicnt is
advised to thc proposcd scttlement offer
and authorizes cOllnscl to uccept, a final
scttlcment bas bccn rcached, To hold other-
wise would be to injcct serious problcms
into an alrcudy ovcrburdened system, Cases
arc lIsuully scttlcd whcn listed for trial and at
u timc whcn thc purties arc prepared to pro-
cced, If Pluintiffs then agrce to u settlement,
witnesses are excuscd, schedules are adjusted,
ctc, For ull valid und ostensible purposes, the
cuse lms bcen settled, Were we to hold that
tills is II0t so bllt rather either Plailltiff or
Defellllallt CllII rejllldiate it, the former by II0t
Sigllillg tile relellse or tile lillieI' by II0t semI/lie
it, it wOllltI remit ill mllkillg a II11/1ity Ollt of allY
01'111 selllemelll IIgreemellt 1111I1 destroyillC 0111'
jlreselll system of diSjlosillg CllseS by way of
selllemelll,
1!J" 14 D&C 31'11 at II, 4lJ7. [Emphasis mlllcd,]
Takcn togcthcr thc Kcnncdy allll I.ipitz dccisions - both of which werc arfinncd by the
Supcrior Court. must cOlltrolthc facts of our casc in that in both cascs thc Court enforccd
"semifonnal" offcrs and acccptances as binding contructs. In ncithcr case. us in this mutter, were
fonnul relcuscs signcll, yct in ullthrcc instunccs, thcrc werc offcrs, ,Icceptunces und valuable
considerution, thc thrcc c1cmcnts which stulc uncquivocully thutu "mccting ofthc minds"
occurrcd upon ull csscnliul tcnns which givcs risc to a binding und enforceable legal contract.
SI'ECIFIC l'El~FORMANCE IS TilE I'ROI'ER REMEDY TO REOUlRE
I'ERFORI\IANCE OF A CONTRACT
Spcci fic pcrformuncc is an cquitublc rclicf gruntcd by thc Courts, to force or require a
brcuching purty in a contruct disputc, to pcrform, I',L.E, Spccific Pcrformance, ~ 1.
Thc Courts of this Commonwculth, in line with the above-stuted law of specific
performance, havc consistcntly uscd the doctrinc of specific perfommnce to enforce settlement
contructs, In Bata v, CClltrul-Penn Nationul Bunk. SlIpra" the Supremc Court upheld the specific
perfonnance of u selllc1l1cllt which arose from a 15 yeur stock dispute, Likewise, in Woodbridg~
v, l'lull, SliPi'll., the Suprcmc Courlurfirmcd a mling specifically enforcing an oral settlement to a
suit involving the failure of the Defcnduntto provide the property of the Plaintiff with adequate
lateral support. See a/so: Melnick v, Binenstock, 318 1'01, 533, 179 A, 77 (1935) [which affirms
specifically enforcing a scttlcmenturising from a controversy where Plaintiff transferred his
properly to his daughtcr, with unugrecmcntthat it be retumed upon demand].
Finally, in Za~er v, Gnbernick, 205 Pu, Super, 168,208 A.2d 45 (1965), the parties
rcachcd un ugrcc1l1cnt for a sum ccrtain respccting injuries received by the Plaintiffin an
automobile accidcnt. Upon rcceipt of the rcleases, the Defendant repudiated the settlement and
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agrecment; therefore, this contract should be specificully cnrorced by this Honorable Court, In fact, the
parties uctcd in furtherllnce of the ugreement by tenllinating one.hulf of the pending uctions,
Moreovcr, the Derendants must be uwanled reasonable counsel fees, due to the obdurate, vexatious,
dilutory and arbitrary conduct displuyed by Shippensburg Township,
Respectrully submiUed,
JACKSON, CA V ANAGII & STIV ALE, P,C.
"
e'~
'--- (~ -,' /)
By: Lee A, Stivale
Attonley for Defendants
.
.
ORDER
AND NOW, this
5"1
day of Scptcmbcr. 200 I. ut thc rcqucst of counsel for thc
partics, oral argument in thcse maUcrs sct for Scptcmbcr 5, 2001, is continucd gcnerally,
BY THE COURT,
Ron Turo, Esquirc
For the Plaintiff
Lee Stivale, Esquire
For the Defendants
~ m.... :~'4
<,.ot.,"1
Cf-.
Court Administrator, /I! i
,.1
, "
." .,"
, /1"/,/
,:'.'! .,
:rlm
SHIPPENSBURG TOWNSHIP.
Plaintiff
vs.
SUBURBAN LEASING,INC.
Defcndant
SHIPPENSBURG TOWNSHIP.
Plaintiff
vs,
SUBURBAN LEASING, INC,
Defendant
SHIPPENSBURG TOWNSHIP,
Plaintiff
vs,
TROY AND DEBBIE BEAM.
Defendants
SHIPPENSBURG TOWNSHIP,
Plainti ff
vs,
TROY AND DEBRA BEAM,
Defendants
IN TI-lE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
97-719 CIVIL
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-717 CIVIL
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1604 CIVIL ~
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
97-330 CIVIL
CIVIL ACTION - LAW
. ',,-
ORDER
J 7'
AND NOW, this" day of September, 2001, hearing herein is continued
generally to give the parties the opportunity to finalize a settlement.
BY Tl-IE COURT,
Ron Turo, Esquire
For the Plaintiff
/Ii
Lee Stivale, Esquire
For the Defendants
Court Administrator
:rlm
SHIPPENSBURG TOWNSHIP,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 97-1604 CIVIL
vs,
TROY AND DEBBIE BEAM,
Defendants
: CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please settle, withdraw and discontinue the above-captioned matter on behalf of
the Plaintiff,
"
Respectfully Submitted
TURO L OFFICES
,
If /ie ;;
Date
Ron uro, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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