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vs.
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. (is- "'OL:lf c..",..L .:J."v-..-.J
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION -' AT LfWJ . ..
ADMINISTRATIVE APPEAL
ATHANASIOS C. KATSAOlHlIS
and IRENE A. KATSAOUNIS,
plaintiff/Petitioners
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
NOT ICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda Y la notificacion. usted debe presentar una apariencia
escrita 0 en persona 0 por abogado Y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. usted puede perder dinero 0 sus
propiedades 0 ostros derechos impoprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 51 NO TIENE
ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
A'l'IIANASIOS C. KA'l'SAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners :
vs.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN 'l'HE COllH'!' 0[" COMMON PLEAS OF
CUMIJEHLAND COUN'!'Y, PENNSYLVANIA
Docket No. 'I ~ . 4'( ('/ (',..i. :1'. ",. .
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
r
ORDER OF COURT
AND NOW, this
, day of
1998, based
upon Petitioner's Petition for Review, upon review of the action of
the Borough Council of Carlisle, it is hereby DECREED that such
action is violative of the spirit and letter of the Historic
District Guidelines, and the Respondents, T. Michael BIetz and
Kathi S. BIetz, are enjoined from proceeding with the proposed
demolition of the old garage and/or construction of a new garage
upon their property at 264 West South Street, Carlisle,
pennsylvania.
A hearing de novo is scheduled for the above-captioned matter
for the
day of
, 1998 in Courtroom Number 2, in
the Cumberland County Courthouse, Carlisle, Pennsylvania.
J.
ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners
vs.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN THE COUIlT Of' COMMON PLEAS OF
CUMBERLAND COUN'I'Y, PENNSYLVANIl\
Docket No. '/8' ~'(>("I ('" ,( ,7.,.""",
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
ORDER OF COURT
AND NOW, this
day of
1998, based
upon Petitioners' Petition for Review, upon review of the action of
the Borough Council of Carlisle, this matter is remanded to the
Borough Council of Carlisle with direction to permit Petitioners to
present their observations and arguments to the Council.
J.
A'l'HANASIOS C. KATSAOUNIS
and IRENE A. KA'l'SAOUtJIS,
Plaintiff/Petitioners
VB.
T. MICHAEL DLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COIlN'I'Y, PENNSYLVANIA
Docket No. '/:> - ~.c("1 ('c",C.:Jt'".>v
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
PETITION FOR REVIEW
Of The Issuance Of certificate Of Appropriateness
Bv Borouqh Council Of Carlisle To Respondent BIetz
The Plaintiff/Petitioners, Athanasios C. Katsaounis and Irene
A. Katsaounis, through their attorneys, The Law Offices of Patrick
F. Lauer, Jr., respectfully petition the Court to review the
issuance of a certificate of Appropriateness by the Borough Council
of Carlisle to the Respondents BIetz, and in support thereof, aver
as follows:
1. Petitioners are Athanasios C. Katsaounis and Irene A.
Katsaounis, husband and wife and owners of the parcel of
residential real estate in the Historical District of the Borough
of carlisle commonly known as 250 West South Street, Carlisle, PA
17011.
2. Respondents are T. Michael BIetz and Kathi S. BIetz,
husband and wife and owners of the parcel of real estate abutting
that of the Petitioners in the Historical District of the Borough
of Carlisle commonly known as 264 West South Street, Carlisle, PA
17013.
3. On August 21, 1998, Respondent Michael BIetz applied to
the Historical Architectural Review Board (H.A.R.B.) of the Borough
of Carlisle for a Certificate of Appropriateness of Proposed
Exterior Work.
4. The Respondents Bletz proposed to demolish a garage on
their property and build a new one.
S. The old garage is detached from the dwelling, located
approximately fifty feet from the rear of the Respondents' house
and approximately seventy-five feet from the Petitioners' dwelling.
6. Historic District Guideline #6 states: "The removal of
distinguishing architectural features shall not be permitted. In
cases where such features have deteriorated beyond saving, they
shall be replaced with approved replications of similar material
and design." (emphasis added.)
7 .
The proposed new garage would be attached to the
,
,
,
Respondents' house on the side facing the petitioners' dwelling.
8. There is only one other attached garage in the entire
Historical District.
9. Historic District Guideline #2 states: "All buildings
should be recognized as products of their own time. Alterations or
additions that have no historical basis and which seek to create an
older or more modern appearance are discouraged."
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10. The H .A.R.B. met on September 1, 1998, and issued itsi
Report on Certificate of Appropriateness of Proposed Exterior Work.
[
See Exhibit "A" attached hereto and incorporated herein by
reference.
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11. The Petitioners Katsaounis respectfully disagree with the
findings of the H.A.R.B.
12. The H.A.R.B. report was submitted to the Borough Council
of Carlisle on or before October 10, 1998.
13. No notice was given to the neighboring property owners,
including the Petitioners Katsaounis, because the Respondents did
not seek a zoning variance.
14. As a result, neither the Petitioner Katsaounis nor other
neighboring property owners were given an opportunity to make their
observations known to the Borough Council and/or to the H.A.R.B.
15. The Borough Council approved the Report and issued a
Certificate of Appropriateness.
16. The Petitioners' first indication of the Respondents'
intention to perform exterior work on their property carne on
Saturday, October 11, 1998, when construction equipment and
materials appeared on the Respondents' property.
17. The Petitioners Katsaounis stand to suffer irreparable,
harm if their observations are not considered by the Court, the
Council, or the H.A.R.B. in that their property abuts that of the
Respondents, and the Petitioners' property would be the most
affected in terms of value of real estate.
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18. 'rhe Petitioners stand to suffer irreparable harm to their
own property as well as to the ambience of the neighborhood in that
the exterior character would be forever altered.
19. Garages of the period were outbuildings: the common
nuisances of lights, fumes, woodworking, etc. were set back away
from the residences.
20. The Historic District Guidelines are designed to protect
and preserve what "modern" times consider junk so that future
generations can enjoy what become "classic" examples of history.
21. The Petitioners Katsaounis believe, and therefore aver,
that the Borough Council, the H.A.R.B., or both, did not have all
of the facts needed to make an informed decision regarding the
appropriateness of such construction.
22. The Petitioners Katsaounis believe, and therefore aver,
that the Respondents' proposal is violative of the spirit and the
letter of the Historic District Guidelines.
23. The Petitioners Katsaounis believe, and therefore aver,
that the Borough Council would either refuse to issue a Certificate
of Appropriateness or remand 'the matter to the H.A.R.B. for
modification if it is presented with the observations of the
Petitioners and their neighbors.
24. A Petition for Temporary Restraining Order and an
corresponding Complaint was filed to Cumberland County Equity Term !
Docket Number 98-5838 and are incorporated herein by reference with
their exhibits as if set forth herein in full.
25. The Counci 1 of Carlisle failed to make a full and
complete record of proceedings.
26. The H.A.R.B. failed to make a full and complete record of
proceedings.
27. Evidence introduced at the meeting of the H.A.R.B. by the
Respondents was incompetent.
28. New evidence has become available or the H.A.R.B. in that
it can now be presented that there is only one or two attached
garages in the entire Historic District.
29. The Councilor the H.A.R.B. disregarding competent
material evidence which a person of ordinary intelligence would
deem important in reaching a decision.
30. The decision of the Borough Councilor the H.A.R.B. is
not in accordance with Historic District guidelines.
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31. The findings of fact of the Councilor the H.A.R.B. are r~
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not supported by "substantial evidence".
WHEREFORE, the Petitioners, Athanasios C. Katsaounis and Irene
C. Katsaounis, respectfully petition the Court to REVIEW the action
of the Borough Council of Carlisle, DECREE that such action is
violative of the spirit and letter of the Historic District
Guidelines, and ENJOIN the Respondents, T. Michael BIetz and Kathi
S. Bletz, from proceeding with the proposed demolition of the old
garage and/or construction of a new garage upon their property at
264 West South Street, Carlisle, Pennsylvania; or, in the
alternative, to remand the matter to the Borough Council of
Carlisle with direction to permit Petitioners to present their
observations and arguments to the Council.
.
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ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-5838 Equity Term
98-6004 Civil Term
CIVIL ACTION - IN EQUITY
CIVIL ACTION - AT LAW
vs.
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T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
STIPULATION AND PRAECIPE
This Stipulation, made the
day of
1998,
memorializes an agreement, reached by and among the above-captioned
parties, who are desirous of settling the action in equity docketed
'I at 98-5838 Equity Term and the action at law docketed at 98-6004
II
I Civil Term and who are intending to be legally bound as an Order of
Court, as follows:
1. The bond posted by the Plaintiff/Petitioners to the
action in equity shall be transferred to the action at law docketed
at 98-6004 Civil Term. By this Stipulation, the parties jointly
PRAECIPE the Prothonotary to so transfer the bond.
2.
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The equity action at 98-5838 Equity Term shall be marked
as settled and discontinued.
By this Stipulation, the parties
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jointly PRAECIPE the Prothonotary to so mark the equity action.
3. The parties stipulate that the action at law has been
II timely filed. The Motion To Consider Petition For Review Nunc Pro
Tunc of the Plaintiff/Petitioners shall be withdrawn.
By this
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Stipulation, the parties jointly PRAECIPE the Prothonotary to so
ma~k the Motion.
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II' I 4.' The parties sti.pulate that the relief requested by the
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('., Pla.j.ntiffjPetitioners in their Petition for Review shall be
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(, adQfessed'in its entirety by jointly remanding the objection of the
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Plaintiff/Petitioners to the issuance of the certificate of
Appropriateness to the Borough Council of Carlisle, pennsylvania
I for reconsideration.
I 5. The partico otipulate that the Stay issued in the action
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d at law on October 20, 1998, by the Honorable Edgar B. Bayley remain
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The parties desire that, should the Borough
the Borough Council.
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I Council so direct, either party may lift the Stay by praecipe to
the Prothonotary. The parties further desire that the Bond should
only be released upon joint praecipe or Order of Court.
6.
The parties
stipulate
that there
shall
be no
Ii administrative appeal or other judicial review of the action of the
I
\ Borough Council save as may specifically be provided by both the
Council and the parties together. It is intended by this
stipulation that neither party be permitted or required to return
to the Court of Common Pleas, or any other forum of judicial
review, save for the purpose of determining the amount of damages,
if any, sustained by reason of granting the Stay.
7. The parties agree that time is of the essence and further
agree to take all reasonable steps, in good faith, necessary to
assure the efficient and timely resolution of the matter.
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II Ir Kathi S. BIetz f rJ V-V~
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Matthe J. Eshelman, Esq. Michael R. Rundle, Esq.
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MINUTES
CAHLISLE BOROUGH COUNCIL
AGENDA SESSIOi'\
NOVEMBER !), 1998
Council Vice President Rankin called the meeting to order at 7: 10 p.m, The following
members of Council were present: Clippinger, Herman. Giordano, Gassert. Grell. Rankin.
and Kronenberg. Also present were: l\layor Wilson. Manager Bean, Assistant Manager
Hietsch, Solicitor Schorpp. Police Chief Margeson. Public Works Director Keiser. Parks
and Recreation Dirpctor DiNunzio, I.'inance Director Graham. Fire Chief Boyles. and
Secretary Gordon.
President Giordano informed the audience that an Executive Session would be held
immediately after the Agenda-setting meeting to discuss Barrett litigation, Katsaounis
litigation, and a personnel matter, President Giordano advised Council would then return
to regular session to take action,
President's Report
President Giordano and Manager Bean outlined a proposed amendment to Senate Bill
489 allowing certain municipalities to levy a $35 tax on residents and non-residents
employed within their boundaries. This Municipal Service Tax is separate from the
current $10 Occupational Privilege Tax levied jointly by the municipality and school
district. Unlike the OPT, funds from this tax would go solely to the municipality,
Council voted 6-1 (with Councillor Herman dissenting I to endorse inclusion of the
Municipal Service Tax amendment to Senate Bill 489 and to send letters of support to
Representative Al Masland and Senator Hal Mowery, ClippingerlRankin.
Vice President Rankin informed Council that Lou Verdelli of Public Financial Management
would be making a presentation on the upcoming bond refinancing for the Borough garage
at the November 12 Council meeting.
Vice President Rankin also reminded Council that the 1999 budget meetings would be held
November 16-19, 1998. at Borough Hall. The meeting on November 16 will start at 6:00
p,m., the remaining meetings will begin at 7:00 p.m,
'public Safetv
Mr. Herman questioned the renewal of a temporary suspension of the posted parking
restrictions on West Louther Street between College and Cherry Streets to accommo-
date Dickinson College's construction of their new science building. Specifically, Mr.
Herman inquired who was responsible for street cleaning and snow removal during this
parking suspension. Public Works Director Keiser advised that Dickinson College is
responsible for street cleaning while the Borough remains responsible for snow removal
on this street,
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Cnullcil tlwn :-'L't tlw altal'lll'd a~:l'lIda.
('oUllcil adjotlrtH'd to EXi!l'utivl' S.'s~if)n at 7:-J[j p.m. to dl...('II....., tilt' I\.at:,;\ouni:, lit.igation.
Council r('turned to n.gular :;1'-":'1011 at .~::Jrl p.l11. Prl'sid"llt (;Iordallll n'!>ol'lt'd an()th,'r
Executivl' Sl'~sil)n would hI' Iwld illlllll'diatl'!~... altl'1' tlll:-; lllt.t,ting to di.-;clI.":'-; till' Barn'tt
litigation and a personnel is:-HIl.'. No aetion would be takt'l\ arll-r thi~ EXl'cutivl' Sl':i:iiIJIl
Chris Katsaounis speakinl( on Ilt'half of his pan'nts. Athanasios and Irene Katsaounis.
outlined their request that Boroul(h Council reconsider the Certificate of Appropriateness
i;sued by the Historic Architecturall{eview Board for the construction of an attached
l(aral(e to the home located at 2(;.' West South Street. The l\atsaounis's believe the design
and size of this garage is inconsistent with the aestlll'tic attributes of the Historic District.
They are also concerned about t.he closeness of this structure to their li\'ing area and the
possibility of noise and other disturbal1~es from lhis ~juiJdillg. Cou:i~i!br !-(rcr.~nb(~!'g
moved to reconsider approval of a Certificate of Appropriateness.-!lt 264 West South Street.
There being no second, this motion died, (
There being no further business. the meeting waSh ad' U ed to Ex>
p,m. /
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Frank Rankin, Council Vice President
{ c>; I t l+h~ 0::;' ,....,J lf~ II/},
Willetta D. Gordon, Borough Secretary
(SeaD
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ATHANASIOS C. KAHSAOUNIS
and IRENE A. KAHSAOUNIS,
Plaintiffs/Petitioners
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
T. MICHAEL BLETZ and
KATHI S. BLETZ,
Defendants/Respondents
98-6004 CIVIL TERM
STIPULATION
1. At a regularly scheduled meeting of the Carlisle
Borough Council on November 9, 1998, a motion was made to
reconsider the certificate of appropriateness granted to T.
Michael and Kathi. S. BIetz, that motion died for lack of a
second. A certified copy of the minutes of the Borough Council
meeting of November 9, 1998, shall be submitted to the Court and
made part of the record.
2. The Carlisle Borough Council issued a certificate
of appropriateness to T. Michael and Kathi S. BIetz on September
10th, 1998.
Matthew Eshelman, Esquire
2108 Market street
Camp Hill, PA 17011
For the plaintiffs/Petitioners
Michael R. Rundle, Esquire
28 South pitt street
Carlisle, PA 17013
For the Defendants/Respondents
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A'l'IIANAS lOS C. KA'I'SAOUIH S
and IRENE A. KA'I'SAOUllI S,
Plaintiff/Petitioners
vs.
T. MICIIAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN TilE COUR'l' OF COMMON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
Docket No. (r, G'cr'l- f. ,L.T.....,
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
NOT ICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, Ia corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cuaIquier queja 0 aIivio que es pedido
en Ia peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 ostros derechos impoprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Dorough of Carlisle for a Certificate of Appropriateness of
Proposed Exterior Work.
4. The Respondents BIetz proposed to demolish a garage on
their property and build a new one.
5. The old garage is detached from the dwelling, located
approximately fifty feet from the rear of the Respondents' house
and approximately seventy-five feet from the Petitioner a ' dwelling.
6. Historic District Guideline #6 states: "The removal of
distinguishing architectural features shall not be permitted. In
cases where such features have deteriorated beyond saving, they
shall be replaced with approved replications of similar material
and design." (emphads added.)
7. The proposed new garage would be attached to the
Respondents' house on the side facing the Petitioners' dwelling.
8. There is only one other attached garage in the entire
Historical District.
9. Historic District Guideline #2 states: "All buildings
should be recognized as products of their own time. Alterations or
additions that have no historical basis and which seek to create an
older or more modern appearance are discouraged."
10. The H.A.R.B. met on September 1, 1998, and issued its
Report on Certificate of Appropriateness of Proposed Exterior Work.
See Exhibit "A" attached hereto and incorporated herein by
reference.
11. The Petitioners Katsaounis respectfully disagree with the
findings of the H.A.R.B.
12. The H.A.R.B. report was submitted to the Borough Council
of Carlisle on or before October 10, 1998.
13. No notice was given to the neighboring property owners,
including the Petitioners Katsaounis, because the Respondents did
not seek a zoning variance.
14. As a result, neither the Petitioner Katsaounis nor other
neighboring property owners were given an opportunity to make their
observations known to the Borough Council and/or to the H.A.R.B.
15. The Borough Council approved the Report and issued a
Certificate of Appropriateness.
16. 'rhe Petitioners' first indication of the Respondents'
intention to perform exterior work on their property came on
Saturday, October 11, 1998, when construction equipment and
materials appeared on the Respondents' property.
17. The Petitioners Kalsaounis stand to suffer irreparable
harm if their observations are not considered by the Court, the
Council, or the H.A.R.B. in that their property abuts that of the
Respondents, and the Petitioners' property would be the most
affected in terms of value of real estate.
18. The Petitioners stand to suffer irreparable harm to their
own property as well as to the ambience of the neighborhood in that
the exterior character would be forever altered.
19.
Gilri1<]BH of
the period were ouLlmi.ldi.ngs: the common
fumen, wood",orking, ote:. worn set back away
IlUiHanCes of lightn,
from the residences.
20. The Historic District Guidelines are designed to protect
and preserve what "modern" times consider junk so that future
generations can enjoy what become "classic" examples of history.
21. The Petitioners Katsaounis believe, and therefore aver,
that the Borough Council, the H.A.R.B., or both, did not have all
of the facts needed to make an informed decision regarding the
appropriateness of such construction.
22. The Petitioners Katsaounis believe, and therefore aver,
that the Respondents' proposal is violative of the spirit and the
letter of the Historic District Guidelines.
23. The petitioners Katsaounis believe, and therefore aver,
that the Borough Council would either refuse to issue a Certificate
of Appropriateness or remand the matter to the H.A.R.B. for
modification if it is presented with the observations of the
Petitioners and their neighbors.
24. The Petitioners are willing to post bond, as required by
the Rules of civil Procedure, in an amount sufficient to cover any
additional cost incurred by the Respondents Bletz from the issuance
of a Temporary Restraining Order should Petitioners' prayer for
relief be found to be without merit.
25. The petitioners believe, and therefore aver and suggest,
that bond in the amount of $~, 500 ,00 would cover any potential
costs from delay in construction of a residential garage.
26. A Petition for Temporary Restraining Order and an
corresponding Complaint was filed to Cumberland County Equity Term
Docket Number 98-5838 and are incorporated herein by reference with
their exhibits as if set forth herein in full.
27. The Council of Carlisle failed to make a full and
complete record of proceedings.
28. The H.A.R.B. failed to make a full and complete record of
proceedings.
29. Evidence introduced at the meeting of the H.A.R.B. by the
Respondents was incompetent.
30. New evidence has become available or the H.A.R.B. in that
it can now be presented that there is only one or two attached
garages in the entire Historic District.
31. The Councilor the H.A.R.B. disregarding competent i
material evidence which a person of ordinary intelligence would
deem important in reaching a decision.
32. The decision of the Borough Councilor the H.A.R.B. is
not in accordance with Historic District guidelines.
33. The findings of fact of the Councilor the H.A.R.B. are
not supported by "substantial evidence".
34. Administrative action may not be enjoined unless (1)
immediate harm not compensable by damages is shown, (2) failure to
impose the injunction would result in greater harm than would occur
if the reliet were granted, and (3) a clear right to the relief is
demonstrated. Commonwealth, Dept. of Public Wefare v. Eisenberg,
499 Pa. 530, 454 A.2d 513, n.6 (1982).
35. There must also be an absence of adequate legal remedy.
An adequate remedy includes an appeal to the courts under
Administrative or Local Agency Laws as well as an action for
damages. Eisenberg, supra, 454 A.2d at 517, concurring opinion of
J. Flaherty.
In the case at bar, because the Certificate of
Appropriateness and Building Permit have already been issued, a
simple appeal, absent a Stay enjoining demolition/construction
would be an inadequate remedy.
WHEREFORE, the Petitioners, Athanasios C. Katsaounis and Irene
C. Katsaounis, respectfully move the Court for a stay enjoining the
Respondents, T. Michael BIetz and Kathi S. BIetz, from proceeding
with the proposed demolition of the old garage and/or construction
of a new garage upon their property at 264 West South Street,
Carlisle, Pennsylvania, and directing that Petitioners post bond in
the amount of $2,500.00 with the Office of the Prothonotary,
pending resolution of the underlying Petition for Review; and the
Petitioners ask that the bond they already posted with the
Prothonotary be deemed sufficient for this purpose.
RelsIT~~utlY~ SUb~itted,
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ATHANASIOS C. KATSAOUNIS :
and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Docket No.
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
I i ATTORNEY VERIFICATION
Ii
,
" The undersigned attorney hereby verifies and states that:
Ii 1. He is the attorney for Plaintiff/Petitioners.
'il 2.
He is authorized to make this verification on behalf of the
client(s) ;
3. The facts set forth in the foregoing Petition are known to him
and not necessarily to his client;
4. This verification is intended to expedite the litigation;
5. A verification of the client will be supplied if demanded;
6. The facts set forth in the foregoing Petition are true and
correct to the best of his knowledge, information, and belief; and
7. He is aware that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. !i 4904, relating to unsworn
falsification to authorities.
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Matthew J. Eshelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10# 72655 Tel. (717) 763-1800
II
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i ATHANASIOS C. KATSAOUNIS
I and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners
IN TUE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I T.
I,
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VB.
Docket No.
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
CERTIFICATE OF SERVICE
I hereby certify that I am this day sarving a copy of the
foregoing Petition upon the person, and in the manner, indicated
below, which service satisfies the requirements of the Pennsylvania
Rules of civil Procedure, by hand delivery at the below address.
Ii
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Michael R. Rundle, Esq.
28 South pitt Street
Carlisle, PA 17013
'~lL
Date: 10/ZO/18'
Matthew J. Es elman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
,.....
ATHANASIOS C, KATSAOUNIS
and IRENE A. KATSAOUNIS,
PLAINTIFFS/PETITIONERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
DEFENDANTS/RESPONDENTS 98,6004 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of October, 1998, upon consideration of the foregoing
petition, IT IS ORDERED:
(1) A Rule is issued against respondents, T. Michael Bietz and Kathi S. Bietz,
to show cause why the petition for review nunc pro tunc should not be granted.
(2) Respondents shall file an answer to the petition within ten (10) days of
service.
(3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7.
(4) Any depositions shall be completed within thirty (30) days of service.
(5) Briefs shall be filed in chambers and argument shall be held on Tuesday,
December 1, 1998, at 8:45 a.m., in Courtroom No, II of the Cumberland County
Courthouse,
(6) Notice of the entry of this order shall be provided to all parties by
petitioners.
By the Court,
"....._/j I J ^./ I
Edgar B. BaylllV, J. "
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ATIIANASIOS C. K.l\TSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiff/PetitionerH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
Docket No.
PREVIOUSLY ASSIGNED TO J. BAYLEY
CIVIL ACTION - AT LAW
ADMINISTRATIVE APPEAL
T. MICHAEL BLETZ
and KATIII S. BLE'rZ,
Defendant/Respondents
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Motion to Consider Petition Nunc Pro Tunc upon the
person, and in the manner, indicated below, which service satisfies
the requirements of the pennsylvania Rules of Civil Procedure, by
hand delivery at the below address.
Michael R. Rundle, Esq.
28 South Pitt Street
Carlisle, PA 17013
(C0r
Date:. v D
Respe,c, tfU, 11, yt'Ubmitted,
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Matthew J Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
ATHANASIOS C, KATSAOUNIS
and IRENE A. KATSAOUNIS,
PLAINTIFFS/PETITIONERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
V,
T. MICHAEL BLETZ
and KATHI S. BLETZ.
DEFENDANTS/RESPONDENTS 98-6004 CIVIL TERM
9RDER OF COURT
AND NOW, this 16th day of November. 1998, a Rule is entered against
Athanasios C. Katsaounis and Irene A, Katsaounis to show cause why the relief
sought in the within petition should not be granted. Rule returnable seven (7) days
after service. Any answer filed shall be forwarded by the Prothonotary to chambers,
By the Court;
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EdgarB~ayl ,Jj
Matthew J. Eshelman, Esquire
For Plaintiffs/Petitioners
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Michael R. Rundle, Esquire
For Defendants/Respondents
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ATHANAS IOS r:. Kl\TSAOlJN [,; d nd
[HENE A. KATSAOlJNUJ,
f'l d i III i I f :;/I!I':;PCllld"1l1 :;
IN '1'111'; ('(JIlIn (J!' ('(jMMliN I'I.I';A,J ()J.'
,'llrl,rq':i-'I,AtIiJ ('(,IINT'{, l'r';NN,;'{I.VAt~IA
v.
f,(J, ~H ..(,()().] CIV! [, TEI!r~
T. MICHAEL BLETZ alld
KATHI S. BLETZ,
Defendants/Petitioner!:
CIVIl, ACTIOfJ
J.MI
OlWEH
AND NOW, this
day of November, 1998, upon
consideration of the attached Petition and on motion of
Michael R. Rundle, Esquire, attorney for Defendants T. Michael
BIetz and Kathi S. BIetz, it is ordered and directed that the
stay issued October 20, 1998 is hereby lifted and that the bond
posted by the Plaintiffs in the amount of Two Thousand Five
Hundred ($2,500.00) Dollars is hereby released.
,
By the Court,
Edgar B. Bayley, J.
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ATIIANM; I OS C. KATSAOUN 1 S dlld
IRENE A, KATSAOIINTS,
PI" int i f fs/Respol1ckllLll
IN TilE ('OllHT OF COMMON PLEAS OF
('ur~HERLANIJ COUNTY, l'ENNSYI,VAN IA
v.
NO. 98-GOO~ CIVIL TERM
T. MICHAEL BLETZ and
KATHI S. BLETZ,
Defendants/Petitioners
CIVIL ACTION - LAW
PETITION TO LIFT STAY AND RELEASE BOND
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The Petitioners are T. Michael BIetz and Kathi S. BIetz,
Defendants in the above-captioned matter.
2. Respondents are Athanasios C. Katsaounis and Irene A.
Katsaounis, Plaintiffs in the above-captioned matter.
3. By this Court's Order of November 5, 1998, the matter
was remanded to the Carlisle Borough Council for further action.
4. At a regularly scheduled meeting of the Carlisle Borough
Council held November 9, 1998, a motion to reconsider the
granting of a Certificate of Appropriateness to Petitioners '1',
Michael BIetz and Kathi S. BIetz for the demolition and removal
of an existing garage and the construction of a new attached
garage died for lack of a second,
5. By Stipulation of the parties incorporated into this
Honorable Court's Order of November 5, 1998, the parties agreed
that no administrative appeal or judicial review of the action of
Carlisle Borough Council would be taken.
ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1Y, PENNSYLVANIA
V,
T. MICHAEL BLETZ
and KATHI S, BLETZ,
DEFENDANTS
98-6004 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of November, 1998, following review of the
outstanding petition and the answer filed to the Rule to show cause, the matter shall
be heard in Courtroom No, 2, Cumberland County Courthouse, Carlisle, Pennsylvania,
at 11 :00 a.m., Friday, December 18. 1998,
"
By the Court,
~~/ L 1;1}
Edgar B. Bayley, J.
Matthew J. Eshelman, Esquire J
For Plaintiffs t' " ~h,,,l"<l ",,);J.,/~i ,~.
_ "C-;i....l..-<.-
J 0''T',
Michael R. Rundle, Esquire
For Defendants
:saa
ATIIANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiffs/Respondents
vs.
T. MICIIAEL BLETZ
and KATIII S. BLE'!'Z,
Defendants/Petitioners
IN TilE COUR'!' OF COMMON PLEAS OF
CUMBEHLAND COUNTY, r ENNSYLVANIA
Docket Nos. 98-6004 Civil Term
CIVIL AC1'ION - A'J' LAW
ORDEH OF COUHT
AND NOW, this
day of
1998, the
Petition of the Defendants BIetz shall:
(1) lift stay and release bond under Pennsylvania Hule of
Civil Procedure 206.7;
(2) deposition shall be completed within
this date;
days of
(3) argument shall be held
day of
19_ at
.m., in Courtroom #
of the Cumberland
County Courthouse;
(4) the Defendants BIetz shall submit an accounting of
damages incurred as a result of what they believe the damages may
be as a result of the issuance of the stay as of the
:: day of
,
I
, 19____, said accounting to be provided to
., the Plaintiffs Katsaounis at least
i:
days before the
above referenced hearing;
(5) the Stay of Execution issued by this Court shall remain
in affect pending further Order of Court; and
(6) notice of this Order shall be provided to all parties by
the Plaintiffs Katsaounis.
J.
A'l'IlANASIOS C. KA'l'SAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiffs/Respondents
VB.
T. MICHAEL BLETZ
and KATIlI S. BLETZ,
Defendants/Petitioners
IN 'l'IlE COUIl'l' OF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-6004 Civil Term
CIVIL AC'J'ION - A'l' LAW
RESPONSE TO RULE TO SHOW CAUSE
1. A Rule is entered against Athanasios C. Katsaounis and Irene
A. Katsaounis to show cause why the relief sought under the
petition of T. Michael BIetz and Kathi S. BIetz to lift stay and
release bond on the 16th day of November 1998, returnable 7 days
after service.
2. The parties hereto entered into a stipulation confirmed by
Court Order of November 5, 1998, "remanding the objection of the
Plaintiff's/Petitioners'
petition to the issuance of
a
certificate of appropriateness to the Borough Council of
Carlisle, Pennsylvania for reconsideration."
See Exhibit "A"
attached hereto.
3. The Borough Council refused to reconsider the matter as
remanded to them by reason of the fact that they had not been
joined as a party to the action and were thus unable to
participate in the stipulation reached between the parties.
4. The refusal of the Council to reconsider the matter for fear
of setting a precedent runs against the spirit and intent of the
stipulation reached between the parties.
WHEREFORE, the Plaintiffs/Respondents argue that the Court
should not lift the stay as requested by the Defendants BIetz.
5. The Petitioners believe and therefore aver that the entire
bond should not be turned over to the Defendants/Petitioners
BIetz, but only that portion representing damages actually
incurred by the Defendants/Petitioners BIetz.
6. To date, the Plaintiffs/Respondents Katsaounis have not
received any billing or accounting for any actual damages the
DefendantS/Petitioners BIetz may have incurred.
WHEREFORE,
the
Plaintiffs/Respondents
Katsaounis
respectfully submit to the Court that the Defendants/Petitioners
are not entitled to the relief requested in terms of the release
of the bond.
WHEREFORE, the Plaintiffs, Athanasios C. Katsaounis and
Irene A. Katsaounis respectfully request that a Rule be issued
upon the Defendants Bletz showing cause why the Plaintiffs,
Katsaounis should not be permitted to join the Borough Council as
a Party to the action (See simultaneously filed Motion to Join
Party with Proposed Order) with such Rule being returnable at a
Hearing set before this Court.
An indication issued whether a written reply is or is not
required. If a written reply would be required by the Court, we
would submit that it should be returnable 5 to 7 days prior to
the date of the hearing.
Respectfully submitted,
Date: ~
/;ldtt/~;i<.J~J k-,c~i.~_
Matthew J. ~shelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
EXHIBIT A
"
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ATHANASIOS C. KATSAOUNIS I IN THE COURT OF COMMON PLEAS OF
and IRENE A. KATSAOUNIS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Petitioners
VS.
T. MICII1I.EL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
Docket Nos. 98-5838 Equity Term
98-6004 civil Term
CIVIL ACTION - IN EQUITY
CIVIL ACTION - AT LAW
AND NOW, this j1i;.
ORDER
day of !J()(fefV\6e,(' 1998,
the terms of
the attached Stipulation and Praecipe are adopted as an Order of
Court and the matter is remanded to the Borough Council for further
action.
BY THE COURT:
{s( 2
TRUE CoPY FRoM RECORD
In Tsslimonywheroof,ll)ere unto sat my hand
a,d ! I c: said 0 at Carlisle.
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ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiff/Petitioners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-5838 Equity Torm
98-6004 civil Term
CIVIL ACTION - IN EQUITY
CIVIL ACTION - AT LAW
vs.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
This
STIPULATION AND
StipUlation, made the 4-!1.
day of
Af W( rvd-/( 1998,
PRAECIPE
memorializes an agreement, reached by and among the above-captioned
parties, who are desirous of settling the action in equity docketed
at 98-5838 Equity Term and the action at law docketed at 98-6004
civil Term and who are intending to be legally bound as an Order of
Court, as follows:
1. The bond posted by the Plaintiff/Petitioners to the
action in equity shall be transferred to the action at law docketed
at 98-6004 civil Term. By this Stipulation, the parties jointly
PRAECIPE the Prothonotary to so transfer the bond.
2. The equity action at 98-5838 Equity Term shall be marked
as settled and discontinued.
By this Stipulation, the parties
': ?,ointly PRAECIPE the Prothonotary to so mark the equity action.
. l ~:.:
3.
The parties stipulate that the action at law has been
. -'
" .
;~imely filed.
-/
';0
'!Punc of the
The Motion To Consider Petition For Review Nunc Pro
Plaintiff/Petitioners shall be withdrawn.
By this
Stipulation, the parties jointly PRAECIPE the Prothonotary to so
mark the Motion.
4. The parties stipulate that the relief requested by the
Plaintiff/Petitioners in their Petition for Review shall be
addressed in its entirety by jointly remanding the objection of the
,
Plaintiff/potitioners to the issuance of the Certificate of
Appropriateness to the Borough Council of Carlisle, Pennsylvania
for reconsideration.
5. The parties stipulate that the Stay issued in the action
I at law on October 20, 1998, by the Honorable Edgar B. Bayley remain
I
: in effect pending further Order of Court or written directive of
! the Borough Council. The parties desire that, should the Borough
I
Council so direct, either party may lift the stay by praecipe to
the Prothonotary. The parties further desire that the Bond should
only be released upon joint praecipe or Order of Court.
6. The parties stipulate that there shall be no
administrative appeal or other judicial review of the action of the
Borough Council save as may specifically be provided by both the
Council and the parties together.
It is intended by this
stipulation that neither party be permitted or required to return
to the Court of Common Pleas, or any other forum of judicial
review, save for the purpose of determining the amount of damages,
if any, sustained by reason of granting the Stay.
7. The parties agree that time is of the essence and further
agree to take all reasonable steps, in good faith, necessary to
I assure the efficient and timely resolution of the matter.
B<<~a6~nG,~~~
KJ~e~'~
~\u~Q~ll~
Matthe J. Eshelman, Esq. Michael R. Rundle, Esq.
ATIlANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiffs/Movants
vs.
T. MICIlAEL BLETZ
and KATIlI S. BLETZ,
Defendants/Respondents
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-6004 Civil Term
CIVIL ACTION - AT LAW
MOTION TO JOIN A PARTY PURSUANT TO RULE 2232(c)
The Movants are Anthanasios C. Katsaounis and Irene A.
Katsaounis, the Plaintiffs/Movants in 'the above captioned matter.
1. The Movants seek leave to join the Borough Council of
Carlisle, Pennsylvania as a party in the above captioned matter.
2. A Stipulation was entered into between the above captioned
parties asking the Court to remand proceedings to the Borough
Council for reconsideration. "For Reconsideration" See Attached
Stipulation and Corresponding Order of November 5, 1998 attached
hereto as Exhibit "A".
3. The Borough Council refused to reconsider the matter, because
the Council had not been joined as a party to the Stipulation, and
because the Council did not desire to set a precedent permitting
parties to direct the Council to reconsider matters without their
intervention.
4. Borough Council could have joined, or could have been joined,
i in the action from the outset; however, the above captioned
i
i
: parties, in the interest of avoiding undue delay simply ask the
Court to remand the matter to the council with out expecting the
i council to have any objection to their lack of joinder.
5. Jurisdiction over the Borough Council can be obtained by this
Court.
6. Borough Council is an indispensable party to the action.
ATIIANAS!OS C. KA'rSAOUN I S
and IRENE A. KATSAOUNIS,
Plaintiffa/Movants
IN 1'IIE COUR1' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Docket Nos. 98-6004 civil Term
T. MICIIAEL BLETZ
and KATIII S. BLETZ,
Defendants/Respondents
CIVIL ACTION -- A'r LAW
ATTORNEY VERIFICATIOij
The undersigned attorney hereby verifies and states that:
1. He is the attorney for Anthanasios C. Katsaounis and Irene
A. Katsaounis;
2. He is authorized to make this verification on behalf of the
clients;
3. The facts set forth in the foregoing Motion are known to him
and not necessarily to his clients;
4.
II 5.
6.
,
i'
This verification is intended to expedite the litigation;
A verification of the clients will be supplied if demanded;
The facts set forth in the foregoing Motion are true and
correct to the best of his knowledge, information, and belief;
and
7. He is aware that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn
falsification to authorities.
Respectfully submitted,
Date: /!/l~J/V
;t7,rti/\J/ t<..-Y-] !- ;hj~
Matthew J. Esnelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS,
Plaintiffs/Movants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: Docket Nos. 98-6004 Civil Term
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendants/Respondents
CIVIL ACTION - AT LAW
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Motion upon the person, and in the manner, indicated
below, which service satisfies the requirements of the
Pennsylvania RUles of Civil Procedure, by depositing a copy of
Pennsylvania, through first class mail, prepaid and addressed as
the same with the United States Post Office at Camp Hill,
follows:
I'
Michael R. Rundle, Esquire
28 South Pitt Street
Carlisle, PA 17013
i;
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,
Edward L. Schorpp, Esq., Carlisle Borough Solicitor
127 West High Street
I, Carlisle, PA 17013
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Respectfully submitted,
Date: /j).~!'rr
11d.i;(;'L): /~-;;'Lt~
Matthew J. E elman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10# 72655 Tel. (717) 763-1800
EXHIBIT A
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ATHANASIOS C. KATSAOUNIS
and rREllE A. KATSAOUNIS,
Plaintiff/Petitioners
VS.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-5838 Equity Term
98-6004 Civil Term
CIVIL ACTION - IN EQUITY
CIVIL ACTION - AT LAW
AND NOW, this j'18.
ORDEiJ.
day of d(]e(VI.V 1998,
the terms of
the attached Stipulation and Praecipe are adopted as an Order of
Court and the matter is remanded to the Borough council for further
action.
BY THE COURT:
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ATHANASIOS C. KATSAOUNIS
and IRENE A. KATSAOUNIS, :
Plaintiff/Petitioners
vs.
T. MICHAEL BLETZ
and KATHI S. BLETZ,
Defendant/Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket Nos. 98-5838 Equity Term
98-6004 Civil Term
CIVIL ACTION - IN EQUITY
CIVIL ACTION - AT LAW
.
.
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This
STIPULATION AND
Stipulation, made the 4i
day of
/..( we '(1;1.. WI' 1998,
PRAECIPE
memorializes an agreement, reached by and among the above-captioned
parties, who are desirous of settling the action in equity docketed
at 98-5838 Equity Term and the action at law docketed at 98-6004
Civil Term and who are intending to be legally bound as an Order of
Court, as follows:
1. The bond posted by the Plaintiff/Petitioners to the
action in equity shall be transferred to the action at law docketed
at 98-6004 Civil Term. By this Stipulation, the parties jointly
PRAECIPE the Prothonotary to so transfer the bond.
2. The equity action at 98-5838 Equity Term shall be marked
as settled and discontinued.
By this Stipulation, the parties
"jointly PRAECIPE the Prothonotary to so mark the equity action.
I~J 3.
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, ~imely filed.
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'!l!unc of the Plaintiff/Petitioners shall be withdrawn.
The parties stipulate that the action at law has been
The Motion To Consider Petition For Review Nunc Pro
By this
(
Stipulation, the parties jointly PRAECIPE the Prothonotary to so
mark the Motion.
4. The parties stipulate that the relief requested by the
Plaintiff/Petitioners in their Petition for Review shall be
addressed in its entirety by jointly remanding the objection of the
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Plaintiff/Petitioners to the issuance of the Certificate of
Appropriateness to the Borough Council of Carlisle, Pennsylvania
for reconsideration.
5. The parties Btipulate that the Stay issued in the action
at law on October 20, 1998, by the Honorable Edgar B. Bayley remain
I in effect pending further Order of Court or written directive of
I the Borough Council. The parties desire that, should the Borough
Council so direct, either party may lift the Stay by praecipe to
the Prothonotary. The parties further desire that the Bond should
only be released upon joint praecipe or Order of Court.
6. The parties stipulate that there shall be no
administrative appeal or other judicial review of the action of the
Borough Council save as may specifically be provided by both the
Council and the parties together.
It is intended by this
stipulation that neither party be permitted or required to return
to the Court of Common Pleas, or any other forum of judicial
review, save for the purpose of determining the amount of damages,
if any, sustained by reason of granting the Stay.
7. The parties agree that time is of the essence and further
agree to take all reasonable steps, in good faith, necessary to
assure the efficient and timely resolution of the matter.
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J. Eshelman, Esq. Michael R. Rundle, Esq.
ATHANASIOS C, KATSAOUNIS and
IRENE A, KATSAOUNIS.
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
T, MICHAEL BLETZ and
KATHI S, BLETZ,
DEFENDANTS
98-6004 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO RELEASE STAY ORDER AND RETURN
BOND AND PLAINTIFFS' MOTION TO JOIN THE BOROUGH COUNCIL
OF CARLISLE AS A PARTY
ORDER OF COURT
AND NOW, this 11- day of January, 1999, IT IS ORDERED:
(1) The motion of Athanasios C. Katsaounis and Irene A. Katsaounis to join the
Borough Council of Carlisle as a party, IS DENIED.
(2) The Rule to Show Cause issued against Athanasios C. Katsaounis and
Irene A. Katsaounis, IS MADE ABSOLUTE. The stay order entered on October 20,
1998, IS VACATED. The $2,500 bond posted by Athanasios C, Katsaounis and Irene
A, Katsaounis, IS RELEASED TO THEM.
By the Court,
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Edgar B. Bayley, J.
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Matthew J. Eshelman, Esquire
For Plaintiffs
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Michael R. Rundle, Esquire
For Defendants
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ATHANASIOS C, KATSAOUNIS and
IRENE A, KATSAOUNIS.
PUlINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERUlND COUNTY. PENNSYLVANIA
V,
T. MICHAEL BLETZ and
KATHI S. BLETZ.
DEFENDANTS
98-6004 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO RELEASE STAY ORDER AND RETURN
BOND AND PLAINTIFFS' MOTION TO JOIN THE BOROUGH COUNCIL
OF CARLISLE AS A PARTY
OPINION AND ORDER OF COURT
BAYLEY, J., January 12, 1999:--
On August 21, 1998, T. Michael Bietz and Kathi S. Bietz applied to the
Historical Architectural Review Board of the Borough of Carlisle for a Certificate Of
Appropriateness to demolish a detached garage on their premises at 264 West South
Street in the Borough of Carlisle. and build a garage attached to their house. On
September 1, 1998, the Board recommended that a Certificate Of Appropriateness
be granted. On September 10, 1998, the Borough Council of Carlisle issued a
certificate of appropriateness,
Athanasios C. and Irene A. Katsaounis live at 250 West South Street. On
October 13,1998, they filed a complaint in equity and a petition for a preliminary
injunction seeking to restrain the Bletzes from proceeding with demolition of their
garage. 1 An ex parte injunction was entered conditioned upon the Katsaounises filing
a bond in the amount of $2,500, which they did. On October 19, 1998, an order was
1. 98-5838 Equity Term.
98,6004 CIVIL TERM
entered that the ex parte injunction issued on October 13th shall expire at 6:00 p,m,
on October 19th.
On October 20, 1998, in the within case at 913.6004 Civil Term, Athanasios and
Irene Katsaounis instituted an action against T. Michael and Kathi S. Bietz titled
"Petition for Review of the Issuance of Certificate of Appropriateness by Borough
Council of Carlisle to Respondent Bietz," A separate motion was filed "to consider
petition for review nunc pro tunc," An order was entered on October 20,1998,
enjoining the Bletzes from demolishing their garage upon the posting of a bond in the
amount of $2,500. In this case and the equity case, an order was entered on
November 5, 1998, based on the following stipulation which was filed of record in
both cases:
1. The bond posted by the PlaintifflPetitioners to the action in
equity shall be transferred to the action at law docketed at 98-6004 Civil
Term. By this Stipulation, the parties jointly PRAECIPE the Prothonotary
to so transfer the bond.
2. The equity action at 98.5838 Equity Term shall be marked
as settled and discontinued. By this Stipulation, the parties jointly
PRAECIPE the Prothonotary to so mark the equity action.
3, The parties stipulate that the action at law has been timely
filed. The Motion To Consider Petition For Review Nunc Pro Tunc of
the Plaintiff/Petitioners shall be withdrawn. By this Stipulation, the
parties jointly PRAECIPE the Prothonotary to so mark the Motion.
4. The parties stipulate that the relief requested by the
Plaintiff/Petitioners in their Petition for Review shall be addressed in
its entirety by jointly remanding the objection of the
Plaintiff/Petitioners to the issuance of the Certificate of
Appropriateness to the Borough Council of Carlisle, Pennsylvania
for reconsideration.
5. The parties stipulated that the Stay issued in the action at
law on October 20, 1998, by the Honorable Edgar B, Bayley shall
remain in effect pending further Order of Court or written directive
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98-6004 CIVIL TERM
the motion "[d]ied for lack of a second," A Rule to show cause was issued against
the Katsaounises. The Katasounises filed an answer to the Rule. On November 25,
1998, they filed a motion pursuant to Pa, Rule of Civil Procedure 2232(c) to join the
Borough Council of Carlisle as a party in this civil action. Both matters were heard on
December 18, 199B,
DISCUSSION
The Bletzes argue that the stay of their garage project entered on October 20,
1998, should be lifted, the $2.500 bond posted by the Katsaounises should be
released to them, and the motion of the Katsaounises to join the Borough Council of
Carlisle as a party should be dismissed because (1) this is an improper Local Agency
Appeal under 2 Pa.C.S. Section 752, and (2) the stipulation entered as an order on
November 5, 1998, precludes further litigation. The Katsaounises argue that (1) this is
a proper Local Agency Appeal in which they may join the Borough Council of Carlisle
as a party, and (2) further litigation is not precluded by the stipulation of November 4,
1998, because the Borough Council of Carlisle did not address the relief requested in
its entirety when the matter was referred back to it for reconsideration. We conclude
that this action in which the Katsaounises sued the Bletzes individually is an improper
Local Agency Appeal. A proper appeal from the action of the Carlisle Borough
Council granting a Certificate Of Appropriateness to the Bletzes on September 10,
1998, would have been to file a Local Agency Appeal in this court pursuant to 2
Pa,C,S. Section 752, that provides:
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98-6004 CIVIL TERM
Any person aggrieved by an adjudication of a local agency who
has a direct interest in such adjudication shall have a right to appeal
therefrom to the court vested with jurisdiction of sllch appeals, . .
See Barrett v. Borough of Carlisle, 45 Cumberland L.J. 367 (1996). The Judicial
Code at 42 Pa,C.S. Section 5571 (b), provides:
. , . [a]n appeal from a tribunal or other government unit to a court .
. . must be commenced within 30 days after the entry of the order from
which the appeal is taken, in the case of [a] , , , final order. (Emphasis
added,)
A Local Agency Appeal could have been filed by the Katsaounises, as persons
aggrieved by the adjudication, against the Borough of Carlisle from its final order
granting the Certificate Of Appropriateness, and the Bletzes could then have
intervened. The Pittsburgh Trust For Cultural Resources v. Zoning Board of
Adjustment of the City of Pittsburgh, 145 Pa. Commw. 503 (1992). There is no
authority that would authorize the Katsaounises to file a Local Agency Appeal against
the Bletzes individually and later join the Borough Council of Carlisle as a party.
Because this is an improper appeal from which the Katsaounises cannot secure relief,
we will deny their motion to join the Borough Council of Carlisle as a party and will
grant the petition of the Bletzes to lift the stay order entered on October 20, 1998, and
release the $2,500 bond back to the Katsaounises!
2. This resolution makes it unnecessary to address the second issue raised by
the Katsaounises as to the enforceability of the stipulation of the parties which was
entered as an order on November 5, 1998.
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