Loading...
HomeMy WebLinkAbout00-06868 ,<",,,'I~,--I'<::I ~'-~ /1/ i~,'tl/a 1. Vt~. ,~ ~ ~ ..........r)f< ,c. OCT 0 6 200~ REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- G~G~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant AND NOW, this RULE ~ ~ /6 day of 0 , 2000, upon consideration of the verified Complaint in Equity in this action and the accompanying Petition for Preliminary Injunctive Relief, it is hereby ORDERED THAT: "I. #t ~,., I.VJ,a..,. 1. Defendant shall cause before the Court on the Cl"Il day of 2000, at ~: 3D o'clock ~.M., in Courtroom No. 5, at Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should not be issued, providing the relief requested by Plaintiff; and 2. Plaintiff shall cause copies of this Rule to Show Cause, the Complaint in Equity, and the Petition for Injunctive Relief with its accompanying papers, to be served upon the Defendant at least #() days before the date of the hearing. J(? ~'-:f v: \ ~ \b~~ ~ I . :, 1."---~'- ~-, ~ , ~ , ,-,". -, ". 0;: 00 OCT -" ~;T''''' , "". ,,,~,,< ",~-.=,- ,"" . 'Y ~ :,'-n i\[""-\ Y 'j 9: 48 C'U'/'~1G: ' l~'nJI"TY 1\1...,l_, L"J j...) ,'II l PENI~SYLV,\NV\ . .~.,....ll\~'l'il'~~\%Ii~~~." _~ ,,_"'" ""'~,x,~, ,"", ~ ~"~." _.,.,.~".''-o'~ '" , ~. :mf_,_iJ:"nJ-. "'''''''''''<':1 "",1,=_ ~ ',"~--- - . . 11 ,I ~~ ~-- ,-.' '.. ~~' '>~; REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; 00- fog fj ~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant ORDER AND NOW, this day of , 2000, upon consideration of Plaintiff's Petition for Preliminary Injunctive Relief, and the Court having determined after hearing: 1. That the Plaintiff will suffer irreparable harm if the requested relief is not granted immediately; 2. That the Plaintiff does not have an adequate remedy at law; 3. That greater injury will be inflicted upon Plaintiff by a denial of relief than would be inflicted by Defendant by the granting of such relief; and 4. That Plaintiff is likely to prevail on the merits. IT IS HEREBY ORDERED and DECREED that Defendant is forthwith: 1. Enjoined from renewing or extending any current leaseholds for the premises at 42 Richard Avenue, Shippensburg, PA 17257, entering into any new leases, or otherwise permitting the occupancy of the premises by persons other than the owner and the current tenants through the end of their current lease term. . .II --. This Order shall remain in full force and effect until such time as modified or vacated by this Court. No bond is required to be filed by the Plaintiff in that Plaintiff is an agency of the Commonwealth. By the Court, .__J i --."1~"1 J. w ,,'i""- ,~ . ' . ",..11 .1 , . _" L.'. , <~i MeIlPeU10.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- 6>~~~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR.. Defendant PETITION FOR PRELIMINARY INJUNCTIVE RELIEF AND NOW. comes the Plaintiff, the Redevelopment Authority ofthe County of Cumberland, through its attorney, Christopher C. Houston, Esquire, who petitions this Court for the issuance of a preliminary injunction pursuant to Pa.R.C.P. 1531, and in support alleges as follows: 1 Plaintiff, the Redevelopment Authority of the County of Cumberland, filed a verified Complaint in Equity with the Prothonotary of this Court on the Co ~ day of OG10~~'- ,2000. a true copy of which is attached as Exhibit "A". 2 The Plaintiff has brought its Complaint and seeks this preliminary injunction to enjoin the Defendant from a breach of the restrictive covenant, as set forth in the Deed for Defendant's premises. 3 It is believed and therefore averred that the Defendant has leased the Defendant's premises, in violation of the restrictive covenant in the Deed for the premises. . _1.: -, i ,- '-'10" 4 Plaintiff is not aware of the term of any leasehold interest of any tenant's occupying the premises. 5 In the event that any leasehold term would be renewed or extended, or in the event a new lease is entered into pending a final hearing in this matter, the Plaintiff will suffer immediate and irreparable harm if an injunction is not granted. 6 Unless enjoined, the Defendant may renew or extend any existing lease or otherwise enter into a new Lease Agreement for the lease of the Premises. 7 The Plaintiff has no adequate remedy at law to redress the current and impending harm from Defendant's continued conduct. 8 The occupancy of the premises by persons other than the owner is contrary to the program requirements which made funding available for acquisition by Plaintiff of the premises for eventual sale to the Defendant. 9 The loss sustained by the Plaintiff is not measurable in damages. 10 The Defendant will not suffer any appreciable injury if the requested preliminary injunction "-, ^~ ..11 ~j ~- "-'<I~;r"c:C: is issued because the status quo between the parties will be restored to where it was before Defendant's wrongful conduct began. 11 The issuance of the injunction will not be contrary to the public interest. 12 The Plaintiff is likely to succeed on the merits of its claim. 13 The obligation of the Defendant to not have anyone occupy the premises other than the owner is clear. 14 The rights of the Plaintiff, as set forth in the Complaint, are enforceable in equity, and Plaintiff will be entitled upon final hearing to specific performance and to a permanent injunction against Defendant's violation of the restrictive covenant. 15 There being no opposing counsel of record, the concurrence of any opposing counsel for the filing of this Petition is not applicable. 16 Pursuant to Pa.R.C.P. 1531(b), no bond is required to be filed by the Plaintiff prior to issuance by the Court of a preliminary injunction in that the Plaintiff is an agency of the Commonwealth of Pennsylvania. ,'-. .. ~I .'" ,~'," : '\!i~,:: WHEREFORE, Petitioner-Plaintiff requests that this Court: A. Issue a rule to show cause why a preliminary injunction should not be granted against the Defendant; and B. After hearing, issue a preliminary injunction order in the form attached to this Petition. itted, hristopher C. Houston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 .-I; illr<l~ I~.- - - "-,~ . 'm, I!J'~( I I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties af 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF ::~N1YO~Q~ Chris pher Gulotta Executive Director ""_. WI . II lI,j,' '_d 'lid]; :' ~ j J~,~J~IUJ ,ulilL JIWJJil '-"P ., , -- ~', biBi.ai!{' REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant NOTICE You have been sued in Court. If you wish to defend ag~instthe claims set forth in the following pages, you must take action within twenty (20) :9ay~ after this Complaint and Notice are served, by entering a written appearance persorlally'orbyan attomey and filing in writing with the Court your defens,esor objections to tli~ c1~ims set l[Cjrth against you. You are wamed that if you fail to doso, the case may proce:$d withoutiyou and a judgment may be entered against you by the qourt without further r\~tic~ forariy: ~oney 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 TAKETHISPAPER TO YOUR LAWYER AJ ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AF~O~D ON~, ;~O TO OR TELEPHONE THE OFFICES.ET FORTH BELOW 'l'OFlt4D Gut WHERE , ' " YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 . , EXHIBIT "A" -' ~~ , .,"~k. IL : ~w '" " ,_. .~,,,,,,, "' ';;ID;~'7 Melloll/10.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant COMPLAINT AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, by and through its attorney, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Redevelopment Authority of the County of Cumberland, a public body and a body corporate and politic created and organized in accordance with the provisions of the Urban Redevelopment Law, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 The Defendant is Roger R. Mellott, Jr., an adult individual, currently residing at 503 Baltimore Avenue, #7, Ocean City, Maryland 21842. 3 The Defendant is the owner of that certain lot of ground with improvements thereon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, being known and numbered as 42 Richard Avenue (hereinafter the "Premises"). 4 Defendant purchased the Premises from the Plaintiff pursuant to a Deed dated November . - iJ~ "'-~j'~ --, -'0'"--, 11- .,. 23, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 116, Page 525. A copy of said Deed is marked as Exhibit "A" and attached hereto and incorporated herein by reference. 5 The Premises was sold to the Defendant pursuant to a program offered by the Plaintiff to first time home buyers (the "Program"). 6 A requirement of the Program was that the homes being purchased by Program participants would remain non-rental/owner occupied for a period of ten (10) years from the date of acquisition by the participant and that this restrictive covenant would be included in any deed of conveyance. 7 Defendant purchased the Premises from the Plaintiff under and subject to the following restrictive covenant, to wit: The premises shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 8 As the Grantor of the Premises and as the party imposing the restrictive covenant, the Plaintiff has the right to enforce the restrictive covenant and prohibit Defendant from any and all violations thereof. 9 Plaintiff has been made aware of the fact that the Premises are no longer owner occupied '"" ," ~!_,~," ,~ -, - .'ili!'-: 'I , i I I I I ~ II "~-.-" '~.,.;;; and that instead the Premises are occupied by tenants, which is a violation of the restrictive covenant. 10 Upon learning that the Defendant had violated the restrictive covenant, Plaintiff gave notice to Defendant that it objected thereto and requested a response from Defendant as to his plan to bring the property into compliance with the restrictive covenant. A copy of Plaintiffs notice is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 11 Defendant has made no response to Plaintiffs letter of September 21, and the use of the Premises continues to be in violation of the restrictive covenant. WHEREFORE, Plaintiff prays this Honorable Court to : A. Issuet an injunction issue, preliminary until final hearing, and permanent thereafter, restraining the Defendant from having any persons other than the owner occupy the Premises for the period of ten (10) years from November 23, 1994; and B. Such other general relief as may be just and proper. Respectfully submitted, Christophe C. Ho ston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 - '" .-1" _ ,'-- I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christ her Gulotta Executive Director -.__l-,_ -" . - '1Ii,-~; I ( I , . - ,,-.<~ - 'lJJ! . J~ q :N w.~.,rC"" T^X I.O. D 36-33-[667-041 MADE the year Nineteen hundred 7, ~ "r'C) T HIS DEE D day of t\j "v~""' 1).",;"'- and ninety-four (1994). in the .;:'aEt:JjEEN rr:~':'" t:'-.J. "'llJ).- _I 1.&J _~ t'\..C\J ' IC;~ Cl ;;~ h. \__ O'\'<..lE: hI,.:. <...l -, D.- REDEVELOPMENT AUTHORITY OF TilE COUNTY OF CUMBERLAND, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, GRANTOR and "':rr: ~ 1_ liJ ;': ,.... 0 t ,:j rr: ..J ..:;.. 0 n: ('".) u li.l (\,: l~' ~~ r:-: .... ;:, - (.) 0) WITNESSETH, that in consideration of FORTY-ONE THOUSAND and ($41,000.00) in hand paid, the receipt whereof is acknowledged, the said grantors do hereby grant and convey said grantee, his heirs and assigns, o "" ~ UoJ. q ROGER R. MELLOTT, JR., of 7500 Highway, Lot 51, Shippensburg, Pennsylvania, Molly Pitcher Cumberland County, GRNlTEE 00/100 hereby to the ALL that certain lot of ground with the improvements thereon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern side of Richard Avenue, which point is a corner of property now or formerly of Elizabeth Lesher; thence Northwardly along lands of the said Lesher, a distance of one hundred twenty-five (125) feet to the Southern side of an alley; thence Eastwardly along said alley, a distance of twenty' (20) feet to a point in line of lands now or formerly of Robert L. Rebuck and Kathryn L. Rebuck, his wife; thence Southwardly along! lands of the said Rebuck and through the center of the partition wall built between the house on the lot hereby conveyed and th., house on the lot of the said Rebuck, a distance of one hundredl twenty-five (125) feet to a point in the Northern line of said Richard Avenue; thence Westwardly along the Northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the, place of BEGINNING. Being improved with the Western one-half of a double frame dwelling house and other improvements, known as No. 42 Richard Avenue. BEING the same premises which Irene M. Mihalakis, by Deed dated June 14, 1993, and recorded in the Office of the Recorder of Deede, in and for Cumberland County in Deed Book I, Volume 36, Page 525, granted and conveyed to Redevelopment Authority of the County of Cumberland, Grantor herein. The premises shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. BOfJX 1:1.6 fl." 525 EXHIBIT "A" . I : .' " ...J . AND the said grantors do hereby warrant generally the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered In the Presence of ATTEST: ~ Redevelopment Authority of the " Ii .,1 (j . I:::::.- county of Cumberland ,. (-~ ~ JJAA/ll".t"~ Commonwealth of Pennsylvania ss County of Cumberland I On this, the ,;J3,d day of ;V;r'trn1w-- ,1994 before me, the undersigned officer, personally appearec}, ;::m"'{I( 'r!. 6tdr-lj(.. , who acknowledged himself to be the -1tL-ld.(r-j , of the Redeve~pm~nt Authority of the County of Cumberland, and that he as such -If~, lcU.nT , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the ~development Authority of the County of Cumberland by himself as ---I'h~/J..,,"/ . IN WITNESS WHEREOF, I have hereunto set my hand and G'- NOTARIAl. sm KAREN F. 6\'ERS. NOTARY PUOllC OORO OF CARLISLE, CUMOERlNIO COUNlY MY E91l"'~$!@ EXPIRES MARCH 19. 1,35 :::f Public I HEREBY CERTIFY that the precise address of the grantee herein is 42 Richard Avenue, Shippensburg, PA 17257. ~~ l (1N'~0if' r Grantee ~,e~ ~e(uJ.~"'1' cY' ----. bOOK 116 PAcr 526 . ~' J i'bit ,. , i I . , . I j I i ! "~ ,~ . .'.....'., _0_'''' .,,~~ ~'~~r.Ji!UI . Commonwealth of pennsylvania Count.y of II ,\1"11 \:'0 ( IAn ~ " S8 Recorded in the Office for Recording of Deeds in and for r -. in Deed Book ~, No. -==-, .Page ~)(Ji'), Etc. Wit.ness my hand and seal of Office thisey() day of '~p(' ./ ,19'-.-+4-. v-;:z.,.I>~W fJ }i~~ Recol:der ~"'''..~'''~'~'~,\ . . -t~"':<='l'VS-'-"r" ""~~~\Y~~J.tf,~'~~Ot<" .', .~f' ~~,:'~";'~?:;~'~:f~~': ~?(:>;:" .,~ .(,1..... ".,.,. " ..< 1.._ ,'t"-:..."..f--;.~;-o~,'l '. . . I"!'.' ',4 \. i - .,~ . .:? (-.1. l-..r....:..._, ~lP ~ . .- ~ '. :" \~) "'~ ~ ~- '~~/i ~l.::': ~: : , (:'1' '.":~I-' ./.t .- \ (~!~.,.:.~~~s:~:,;::~~....." ~ . .ti<~.~.iri..Ai;;: \.:>-- ..1 ."..... ,I...... \" ........... ~~ ," ClIoberhnd County Reeor,jer 01 ' Jostru.e"t Fiti" R.ee jpt!' 36256 Iostr! 1994-0J6998 lZl201199/1 ne..rks: SAllY UrHr~!: DEED IifW - URIT DtfU - RTf STArE SHIf"f"EHS!lIRG AREA SJ/lf"f"fH5!URG fUP (h.d,! 6450 (J,eck' 6449 fobI Recei~ed....... I :~ ~ \8 aook 116 P^Cf 527 ... .- ~'O "~. ....J "j ~ ~,- '" ~ ' , 1IilU~,z . . 114 N. HANOVER S'1: - STE. 104 0 CARLISLE PA 11013-2445 . . . "TelepIloWl'DY (717) 24000789 0(717) fI91-7703 0 (717) 5lJ2.88ll5 0 Fax(717) 249-4071 0 ccba@pa.net REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND o Houamg Development. HOll8lng Rehabllltatlon. 0 o Houamg Management 0 Homeownershlp Programs 0 o Downtown Revltal1zat1on 0 o PubUc f8clllty Improvements 0 September 21, 2000 Mr. Roger R. Mellott, Jr. 503 Baltimore Avenue. #7 Ocean City, MD 21842 FILE RE: 42 Richard Avenue, Shippensburg, PA Dear Mr. Mellott: Please be advised that I represent the Redevelopment Authority of the County of Cumberland. My purpose in writing to you concems the above-referenced property which you purchased from the Redevelopment Authority on November 23, 1994. As you may recall, a condition of your purchase of this property was that the property would remain owner occupied (non-rental) for a period of ten years from November 23, 1994. As you may further recall, this restriction is set forth in your Deed, a copy of which is enclosed. We understand that you are no longer residing in the property and that it is now a rental property. This is a violation of the restriction as set forth in the Deed. Unless we hear from you within ten days of the date of this letter as to your plan to bring the property into compliance with the restriction, we shall have no other altemative but to commence litigation in the Court of Common Pleas to enforce the Deed restriction. Your immediate attention to this matter is requested Very truly yours, Christopher C. Houston, Esquire kb Enclosure cc: Diana White F:\HOUSTONI2SEPT21. WPD ~_.._----- .-- --------~- '; EXHIBIT "B" )", i,y'''GI I ~ I ~' REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff v ROGER R. MELLOTT, JR., Defendant AND NOW, this 16~daYOf O~ .1 - , ., . l~":' ,,,,P'1G:i OCT 0 6 2000i'?' i ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; 00- G8~~ EQUITY : CIVIL ACTION - EQUITY RULE , 2000, upon consideration of the verified Complaint in Equity in this action and the accompanying Petition for Preliminary Injunctive Relief, it is hereby ORDERED THAT: 1. Defendant shall cause before the Court on the JD +11 day of tJ~ 2000, at <6-: 30 o'clock A.M., in Courtroom No. 5' , at Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should not 'be issued, providing the relief requested by Plaintiff;<l.\ld 2. Plaintiff shall cause copies of this Rule to Show Cause, the Complaint in Equity, and the Petition for Injunctive Relief with its accompanying papers, to be served upon ,.' the Defendant at least ~6 days before the date of the hearing. 9i1TI'f;' COpy fROM RECORD I ,.<""., 't oe\ my hand )p "',-'~irr'D;1V whereof, 1 nsr:a un 0 .:l " I ''':'':"'', Af sa',d Court atCarlislB, Pa. iJ~1l! r>, .,.eMl '.' ," . f...,..J(J... _.. ___u_,_.__. '1 , \... - J. \ ; ,..,,--, /" -.. .J J-.- ~ ._-1.. " ,~ , -~- "'--,",,, , . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 00- t9S6 ~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant ORDER AND NOW, this day of , 2000, upon consideration of Plaintiffs Petition for Preliminary Injunctive Relief, and the Court having determined after hearing: 1, That the Plaintiff will suffer irreparable harm if the requested relief is not granted immediately; 2. That the Plaintiff does not have an adequate remedy at law; 3. That greater injury will be inflicted upon Plaintiff by a denial of relief than would be inflicted by Defendant by the granting of such relief; and 4. That Plaintiff is likely to prevail on the merits. IT IS HEREBY ORDERED and DECREED that Defendant is forthwith: 1. Enjoined from renewing or extending any current leaseholds for the premises at 42 Richard Avenue, Shippensburg, PA 17257, entering into any new leases, or otherwise permitting the occupancy of the premises by persons other than the owner and the current tenants through the end of their current lease term. ! , ." - - . ~I _ _u _ .I~ ~::- -. ~'-""tI&~: This Order shall remain in full force and effect until such time as modified or vacated by this Court. No bond is required to be filed by the Plaintiff in that Plaintiff is an agency of the Commonwealth. By the Court, J. -- '. ~~~ I- ~ ,--. , ~~',.- , " HAi,~ . , MellF'el/10.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 00- G; ~ 9 EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant PETITION FOR PRELIMINARY INJUNCTIVE RELIEF AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, through its attorney, Christopher C. Houston, Esquire, who petitions this Court for the issuance of a preliminary injunction pursuant to Pa.R.C.P. 1531, and in support alleges as follows: 1 Plaintiff, the Redevelopment Authority of the County of Cumberland, filed a verified Complaint in Equity with the Prothonotary of this Court on the ,t~ day of (k "bID,..... ,2000, a true copy of which is attached as Exhibit "A". 2 The Plaintiff has brought its Complaint and seeks this preliminary injunction to enjoin the Defendant from a breach of the restrictive covenant, as set forth in the Deed for Defendant's premises. 3 It is believed and therefore averred that the Defendant has leased the Defendant's premises, in violation ofthe restrictive covenant in the Deed for the premises. "*~~ .' " I, IJ. " .1 ~-"'" ,'. - I.'''" '-'ri&,'; . , 4 Plaintiff is not aware of the term of any leasehold interest of any tenant's occupying the premises. 5 In the event that any leasehold term would be renewed or extended, or in the event a new lease is entered into pending a final hearing in this matter, the Plaintiff will suffer immediate and irreparable harm if an injunction is not granted. 6 Unless enjoined, the Defendant may renew or extend any existing lease or otherwise enter into a new Lease Agreement for the lease of the Premises. 7 The Plaintiff has no adequate remedy at law to redress the current and impending harm from Defendant's continued conduct. 8 The occupancy of the premises by persons other than the owner is contrary to the program requirements which made funding available for acquisition by Plaintiff of the premises for eventual sale to the Defendant. 9 The loss sustained by the Plaintiff is not measurable in damages. 10 The Defendant will not suffer any appreciable injury if the requested preliminary injunction . . " . -.' ,~" .' :'"-~' !.Ifl\:; . . . , is issued because the status quo between the parties will be restored to where it was before Defendant's wrongful conduct began. 11 The issuance of the injunction will not be contrary to the public interest. 12 The Plaintiff is likely to succeed on the merits of its claim. 13 The obligation of the Defendant to not have anyone occupy the premises other than the owner is clear. 14 The rights of the Plaintiff, as set forth in the Complaint, are enforceable in equity, and Plaintiff will be entitled upon final hearing to specific performance and to a permanent injunction against Defendant's violation of the restrictive covenant. 15 There being no opposing counsel of record, the concurrence of any opposing counsel for the filing of this Petition is not applicable. 16 Pursuant to Pa.R.C.P. 1531(b), no bond is required to be filed by the Plaintiff prior to issuance by the Court of a preliminary injunction in that the Plaintiff is an agency of the Commonwealth of Pennsylvania. ...~- " .~ IL 1- " , ,'~ '~-. 'k,,",-,, '-T "~f . . . , WHEREFORE, Petitioner-Plaintiff requests that this Court: A. Issue a rule to show cause why a preliminary injunction should not be granted against the Defendant; and B. After hearing, issue a preliminary injunction order in the form attached to this Petition. itted, hristopher C. Houston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 -" , ~ - ! ---" ~',,'. ;..~ ."=~"'~'iI!1it'~- . . . . I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF :~NTYOLL~ Chris pher Gulotta Executive Director - ~ ,'~ -:-'''--1 ~, ,~ ."iir.!!'@~! . . . . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA : 00- EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant NOTICE 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 EXHIBIT "A" - -I I , . , Mellollll0.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; 00- EQUITY v ; CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant COMPLAINT AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, by and through its attomey, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Redevelopment Authority of the County of Cumberland, a public body and a body corporate and politic created and organized in accordance with the provisions of the Urban Redevelopment Law, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 The Defendant is Roger R. Mellott, Jr., an adult individual, currently residing at 503 Baltimore Avenue, #7, Ocean City, Maryland 21842. 3 The Defendant is the owner of that certain lot of ground with improvements thereon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, being known and numbered as 42 Richard Avenue (hereinafter the "Premises"). 4 Defendant purchased the Premises from the Plaintiff pursuant to a Deed dated November . -, ~" ~~ - ",. - :ruf81 I I ; i I I · I ,-""""'" - ~ - .J -~ ,,~, m "~ ' II.. . . 23, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 116, Page 525. A copy of said Deed is marked as Exhibit "A" and attached hereto and incorporated herein by reference. 5 The Premises was sold to the Defendant pursuant to a program offered by the Plaintiff to first time home buyers (the "Program"). 6 A requirement of the Program was that the homes being purchased by Program participants would remain non-rental/owner occupied for a period of ten (10) years from the date of acquisition by the participant and that this restrictive covenant would be included in any deed of conveyance. 7 Defendant purchased the Premises from the Plaintiff under and subject to the following restrictive covenant, to wit: The premises shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 8 As the Grantor of the Premises and as the party imposing the restrictive covenant, the Plaintiff has the right to enforce the restrictive covenant and prohibit Defendant from any and all violations thereof. 9 Plaintiff has been made aware of the fact that the Premises are no longer owner occupied :~y I , j , j I I I j "'........ ....J - 1_- ~,'~._'__ _/ J.-, ,'~" ~ l\ilil~ . . and that instead the Premises are occupied by tenants, which is a violation of the restrictive covenant. 10 Upon leaming that the Defendant had violated the restrictive covenant, Plaintiff gave notice to Defendant that it objected thereto and requested a response from Defendant as to his plan to bring the property into compliance with the restrictive covenant. A copy of Plaintiff's notice is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 11 Defendant has made no response to Plaintiff's letter of September 21, and the use of the Premises continues to be in violation of the restrictive covenant. WHEREFORE, Plaintiff prays this Honorable Court to : A. Issuet an injunction issue, preliminary until final hearing, and permanent thereafter, restraining the Defendant from having any persons other than the owner occupy the Premises for the period of ten (10) years from November 23, 1994; and B. Such other general relief as may be just and proper. Respectfully submitted, ~"O"' E,q';ffi Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 , t - . , I.. _","'^Vo" ,,; ,-, " ,,~~ _fit;t:, . . , , I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christo her Gulotta Executive Director f I I I. . , I" . . J& 9:U w.-"/,,- T^X 1.0. D )6-))-1867-041 'J., '\ 'r~) T HIS DEE D day of l\)" '-'e.W"< l7<>..;< and ninety-four (1994). in MADE the year Nineteen hundred '~E'/Jl'EEN r,: ~ ~_ f:\..J. "; I,J I- ~ i":.1.U ::;:,=,\",. III C) ::).. .- I... o~ e:: ,..J ,.,:) U 10- REDEVELOPMENT AUTHORITY OF' TILE COUNTY OF' CUMBERLAND, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, GRANTOR and ;~ [~~ ,.... 0"'( l;i rr:;:! .:u 0";' r".) U J n: tl.J ~~ r:: .... =oJ - (.} 01 WITNESSETH, that in consideration of FORTY-ONE THOUSAND and 1$41,000.00) in hand paid, the receipt whereof is acknowledged, the said grantors do hereby grant and convey said grantee, his heirs and assigns, o N ~ LLJ ' Cl ROGER R. MELLOTT, JR., of 7500 Highway, Lot 51, Shippensburg, Pennsylvania, Molly Pitcher Cumberland County, GRANTEE 00/100 hereby to the ALL that certain lot of ground with the improvements erected, situate in Shippensburg Township, Cumberland Pennsylvania, bounded and described as follows: thereon County, BEGINNING at a point on the Northern side of Richard Avenue, which point is a corner of property now or formerly of Elizabeth Lesher; thence Northwardly along lands of the said Lesher, a distance of one hundred twenty-five (125) feet to the Southern side of an alley; thence Eastwardly along said alley, a distance of twenty (20) feet to a point in line of lands now or formerly of Robert L. Rebuck and Kathryn L. Rebuck, his wife; thence Southwardly along lands of the said Rebuck and through the center of the partition wall built between the house on the lot hereby conveyed and the house on the lot of the said Rebuck, a distance of one hundred twenty-five (125) feet to a point in the Northern line of' said Richard Avenue; thence Westwardly "long the Northern line of said Richard Avenue, a distance of twenty (20) fest to a point, the place of BEGINNING. Being improved with the Western one-half of a double frame dwelling house "nd other improvements, known as No. 42 Richard Avenue. BEING the same premises which Irene M. Mihalakis, by Deed dated Juns 14, 1993, and recorded in ths Office of the Recorder of Deeds in and for Cumberland County in Deed Book It Volume 36, Page 525, granted and conveyed to Redevelopment Authority of the County of Cumberland, Grantor herein. The premises shall remain owner occupied (non-rental) for a pericd of ten (10) years from the date of this conveyance. 30fJ~ 1:1.6 fl.S, 5?5 EXHIBIT "A" the -~,-~>;;N;';. '~ 't~ !' I I' . , I I ! I I i I , i . t ! I " , . , lUlO the said grantors do hereby warrant generally the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered In the Presence of ATTEST: ~ Redevelol'ment Authority of the t',;} .,1 (j . J County of Cumberland " "~ ~ t::.. BY. {1//1kf-l~.,(~ ~) . , Commonwealth of Pennsylvania as County of Cumberland On this, the ,;J3rd. day of Mr1".,b.,- , 1994 before me, the undersigned officer, personally al'peareg., 71mrnlt (t. 6!.ryt. , who acknowledged himself to be the -If! 1<11,.,7 . of the Redeve~pm~nt Authority of the County of Cumberland, and that he as such -I1-~!:..I<un-t , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the ~development Authority of the County of Cumberland by himself as -m~/d~rr) . ::l Public IN WITNESS WHEREOF, I have hereunto set my hand and ~..~ NOTAllIAl SEll IOOEN F. RYEllS. NOTARY I'UBl!C BORO OF CAlllISlE. CUMlIt:RWlO COtJIllY MY E9"I.I'SS!Otl EXPIRES MAllCH IS. 'il), I HEREBY CERTIFY that the precise address of the grantee herein is 42 Richard Avenue, Shippensburg, PA 17257. ~,e,",- ~~ ( C1P"ffif' ~~Lu~ey r Grantee cY-' I . I t --- QOOK ti6 PACE 526 - '-=~ ~~, Cc' ^', ,. , \l;IJi!~ . ; ~ , Commonwealth of pennsylvania County ofr\\\rnborY-\n~ Recorded in the Office for Recording ofl{~eeds in snd for r -. in Oeed Book , No. -===-.' Pa,ge .)())), Etc. ss Witness my hand and seal of Office '~O('./ , 1!1--.w-' this 2to day of ~..., (.~, ~ _-;4."~;,4::.-G4' ~Jj~ Ra::order ,.;;U;~~'~!;;'>"ht ,"~:t:tl~:OO:~\'tu.!: ",O~ 'l .~~'E.,'.t<.1l~;;~,.-:.:~~. ,C'-... 'r.." ... 1_, ':0. .....,... ...;.,~.. 4..... ...=-, j . #" .-....... I., ...... . c' . ....t~~Rt{f.,.... w:........ ,.; J.. ~: "~'! .'7:.t-: '"'. , ..... t!t.r-t.J.'':'''_}~I''''', . :. \.~) '..;~ !.~. .~..:r..~...,". ~.~ ~ C', 1:.~;~~/;";:. . .. \, ~.~~~::~~~~:~~~~~:, '~'.'~:. 11.\ 'i'[l Al tr. C" ..... ,'.\ ."...... ,I ~..' \ \" ~,..",:~, .~ Cu.berland County Rl~Ccrljer of Instr".nt Filinl R,c.i,t. 36256 Instr' I99"-OJ6998 IZ/201l99t, RPlJrks' SAllY Wfl/flER ['lID DEED - WRIT DEW - RII Sf ME SI/IPf'EIISBlIRG AREA S11IFPEIIS9IJRG flIP Ct..d;. 6450 Ch.ck. 6449 fobl R.c.i...!....... ----~-_. Sf, !I, l.~ IiOOK 116 PAGf 527 I I I, I i I . ~-. ~~ JI "' ,_"JA..~~......L ~, 1__ """,~~~.. "' lll~!.:: 114 N. HANOVER S1: - STE. 104 0 CARLISLE PA 17013-2445 _ J ~ (717) 24l).O789 .(717) tlI17-7'103 . (717) 532-8805 ol'llx(717) ~1 . ocIIa@pa.net REDEVELOPMENT AUTHORITY OF THE COUNTY OF C1JMBERIAND o HOWIIDg Development. HoualDg Rebabilltation 0 . Housing Management. Homeownershlp Programs . . Downtown Revltallzat1on. . PubUc Facillty Improvements. September 21 , 2000 Mr. Roger R. Mellott, Jr. 503 Baltimore Avenue, #7 Ocean City, MD 21842 FilE RE: 42 Richard Avenue, Shippensburg, PA Dear Mr. Mellott: Please be advised that I represent the Redevelopment Authority of the County of Cumberland. My purpose in writing to you concerns the above-referenced property which you purchased from the Redevelopment Authority on November 23, 1994. As you may recall, a condition of your purchase of this property was that the property would remain owner occupied (non-rental) for a period of ten years from November 23, 1994. As you may further recall, this restriction is set forth in your Deed, a copy of which is enclosed. We understand that you are no longer residing in the property and that it is now a rental property. This is a violation of the restriction as set forth in the Deed. Unless we hear from you within ten days of the date of this letter as to your plan to bring the property into compliance with the restriction, we shall have no other altemative but to commence litigation in the Court of Common Pleas to enforce the Deed restriction. Your immediate attention to this matter is requested Very truly yours, Christopher C. Houston, Esquire kb Enclosure cc: Diana White F:\HOUSTONI2SEPn1 WPD . , sr--.- -- --- - -- ------ -- - - ') EXHIBIT "B" . -. )y,i,y'",a I \1 . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff v ROGER R. MELLOTT, JR., Defendant '---.'-..,.. -~, OCT 0 6 200Dl'? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 00- G~~~ EQUITY : CIVIL ACTION - EQUITY RULE ANDNOW,this 16~daYOf O~ , 2000, upon consideration of the verified Complaint in Equity in this action and the accompanying Petition for Preliminary Injunctive Relief, it is hereby ORDERED THAT: 1. Defendant shall cause before the Court on the Jc #1day of ,J~ 2000, at <6": 30 o'clock ~.M., in Courtroom No. ~, at Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should not 'be issued, providing the relief requested by Plaintiff; and 2. Plaintiff shall cause copies of this Rule to Show Cause, the Complaint in Equity, and the Petition for Injunctive Relief with its accompanying papers, to be served upon the Defendant at least 16 days before the date of the hearing. J. , Jj L ,,--" "-". "-'v" ~."'"-'ii!iW' REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- G 8'~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant ORDER AND NOW, this day of , 2000, upon consideration of Plaintiffs Petition for Preliminary Injunctive Relief, and the Court having determined after hearing: 1. That the Plaintiff will suffer irreparable harm if the requested relief is not granted immediately; 2. That the Plaintiff does not have an adequate remedy at law; 3. That greater injury will be inflicted upon Plaintiff by a denial of relief than would be inflicted by Defendant by the granting of such relief; and 4. That Plaintiff is likely to prevail on the merits. IT IS HEREBY ORDERED and DECREED that Defendant is forthwith: 1. Enjoined from renewing or extending any current leaseholds for the premises at 42 Richard Avenue, Shippensburg, PA 17257, entering into any new leases, or otherwise permitting the occupancy of the premises by persons other than the owner and the current tenants through the end of their current lease term. ~ ., " J ,-~ = " _'J_~"_ '';'''-:'b This Order shall remain in full force and effect until such time as modified or vacated by this Court. No bond is required to be filed by the Plaintiff in that Plaintiff is an agency of the Commonwealth. By the Court, J. i I t , , i -"'''~ ".II J "-;,; .,^" ,;-""",--,~\ MeIlPet/10.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 00- 03 b S EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant PETITION FOR PRELIMINARY INJUNCTIVE RELIEF AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, through its attorney, Christopher C. Houston, Esquire, who petitions this Court for the issuance of a preliminary injunction pursuant to Pa.R.C.P. 1531, and in support alleges as follows: 1 Plaintiff, the Redevelopment Authority of the County of Cumberland, filed a verified Complaint in Equity with the Prothonotary of this Court on the ~ t~ day of oC+()~ ,2000, a true copy of which is attached as Exhibit "A". 2 The Plaintiff has brought its Complaint and seeks this preliminary injunction to enjoin the Defendant from a breach of the restrictive covenant, as set forth in the Deed for Defendant's premises. 3 It is believed and therefore averred that the Defendant has leased the Defendant's premises, in violation of the restrictive covenant in the Deed for the premises. ~I. "",,-,_ -. " ...; "n ~, _""'~ UUlliil!i;" 4 Plaintiff is not aware of the term of any leasehold interest of any tenant's occupying the premises. 5 In the event that any leasehold term would be renewed or extended, or in the event a new lease is entered into pending a final hearing in this matter, the Plaintiff will suffer immediate and irreparable harm if an injunction is not granted. 6 Unless enjoined, the Defendant may renew or extend any existing lease or otherwise enter into a new Lease Agreement for the lease of the Premises. 7 The Plaintiff has no adequate remedy at law to redress the current and impending harm from Defendant's continued conduct. 8 The occupancy of the premises by persons other than the owner is contrary to the program requirements which made funding available for acquisition by Plaintiff of the premises for eventual sale to the Defendant. 9 The loss sustained by the Plaintiff is not measurable in damages. 10 The Defendant will not suffer any appreciable injury if the requested preliminary injunction ~ --, is issued because the status quo between the parties will be restored to where it was before Defendant's wrongful conduct began. 11 The issuance of the injunction will not be contrary to the public interest. 12 The Plaintiff is likely to succeed on the merits of its claim. 13 The obligation of the Defendant to not have anyone occupy the premises other than the owner is clear. 14 The rights of the Plaintiff, as set forth in the Complaint, are enforceable in equity, and Plaintiff will be entitled upon final hearing to specific performance and to a permanent injunction against Defendant's violation of the restrictive covenant. 15 There being no opposing counsel of record, the concurrence of any opposing counsel for the filing of this Petition is not applicable. 16 Pursuant to Pa.R.C.P. 1531(b), no bond is required to be filed by the Plaintiff prior to issuance by the Court of a preliminary injunction in that the Plaintiff is an agency ofthe Commonwealth of Pennsylvania. . , ~ " ~!!$I i I I ! ! ,iI'__ . 11 ,~ "~ ,. ,- ,;"-';-';""--:::'- "".-U~i WHEREFORE, Petitioner-Plaintiff requests that this Court: A. Issue a rule to show cause why a preliminary injunction should not be granted against the Defendant; and So After hearing, issue a preliminary injunction order in the form attached to this Petition. itted, hristopher C. Houston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 -"- " - ,c.'_ .. -n I~ ',' ..'" . -' ~-"- , :." '~-'lr"'~; I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF ::ECOUNTYOtJ:~ M,phe, Gulo"" Executive Director ." II., -,I -,-,-. ~' '~L'"' 1,""-" ' " r :-:, REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR.. Defendant NOTICE 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 seNed, by entering a written appearance personally or by an attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 EXHIBIT "A" , j j L - II +. ~ >'. .""' Mellotl/l0.3.oo REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant COMPLAINT AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, by and through its attomey, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Redevelopment Authority of the County of Cumberland, a public body and a body corporate and politic created and organized in accordance with the provisions of the Urban Redevelopment Law, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 The Defendant is Roger R. Mellott, Jr., an adult individual, currently residing at 503 Baltimore Avenue, #7, Ocean City, Maryland 21842. 3 The Defendant is the owner of that certain lot of ground with improvements thereon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, being known and numbered as 42 Richard Avenue (hereinafter the "Premises"). 4 Defendant purchased the Premises from the Plaintiff pursuant to a Deed dated November ~, <>, -,. ~ ~:t' ! l , I I . I , , . ~ t . ~" .~I. ~ ' I" 23, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 116, Page 525. A copy of said Deed is marked as Exhibit "A" and attached hereto and incorporated herein by reference. 5 The Premises was sold to the Defendant pursuant to a program offered by the Plaintiff to first time home buyers (the "Program"). 6 A requirement of the Program was that the homes being purchased by Program participants would remain non-rental/owner occupied for a period of ten (10) years from the date of acquisition by the participant and that this restrictive covenant would be included in any deed of conveyance. 7 Defendant purchased the Premises from the Plaintiff under and subject to the following restrictive covenant, to wit: The premises shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 8 As the Grantor of the Premises and as the party imposing the restrictive covenant, the Plaintiff has the right to enforce the restrictive covenant and prohibit Defendant from any and all violations thereof. 9 Plaintiff has been made aware of the fact that the Premises are no longer owner occupied ,-, , ~1lt.'.! ! \ , ! I ! I, I , , 1 I l ! ! . J 1 I , l . t , ~ ! ~ 1 I I I i , I - .- _,-IJ 1._ . -. "-~-'.' '" - - ,- ~ '~ ' ~,' and that instead the Premises are occupied by tenants, which is a violation of the restrictive covenant. 10 Upon learning that the Defendant had violated the restrictive covenant, Plaintiff gave notice to Defendant that it objected thereto and requested a response from Defendant as to his plan to bring the property into compliance with the restrictive covenant. A copy of Plaintiffs notice is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 11 Defendant has made no response to Plaintiffs letter of September 21 , and the use of the Premises continues to be in violation of the restrictive covenant. WHEREFORE, Plaintiff prays this Honorable Court to : A. Issuet an injunction issue, preliminary until final hearing, and permanent thereafter, restraining the Defendant from having any persons other than the owner occupy the Premises for the period of ten (10) years from November 23, 1994; and B. Such other general relief as may be just and proper. Respectfully submitted, Christophe C. Ho ston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 . ~ ,~ _Il . ,I" ,J ,-,,'-,'- -, ~.d' -~'" ' - -'~~ I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christo her Gulotta Executive Director ,I J& 9 :N W'~..'rr TAX 1.0. D ]6-]]-1867-041 7, ~ r') T HIS DEE D day of !\J"ve~\]~Y- and ninety-four (1994). in MADE the year Nineteen hundred '~E'PIEEN r,= ~.;.. ;:v. III lU I-- -I LiJ --~NI C.. c.') ..~ t'\ III =:1,. e:: ~- h.. o~ r.., ,~ U - 1 a-. REDEVELOPMENT AUTHORITY OF TUE COUNTY OF CUMBERLAND, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, GRANTOR and :~. :~ f; ,....0...( .;j rr: c:! ~u 0 oj ~~ ~ ~ ~ .... '" - .:.., 0"') WITNESSETH, that in consideration of FORTY-ONE THOUSAND and ($41,000.00) in hand paid, the receipt whereof is acknowledged, the said grantors do hereby grant and convey said grantee, his heirs and assigns, c:J N <...:> U,J. Cl ROGER R. MELLOTT, JR., of 7500 Highway, Lot 51, Shippensburg, Pennsylvania, Molly pitcher Cumberland County, GRlINTEE 00/100 hereby to the ALL that certain lot of ground with the improvements erected, situate in Shippensburg Township, Cumberland Pennsylvania, bounded and described as follows: thereon County, BEGINNING at a point on the Northern side of Richard Avenue, which point is a corner of property now or formerly of Elizabeth Lesher; thence Northwardly along lands of the said Lesher, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence Eastwardly along said alley, a distance of twenty (20) feet to a point in line of lands now or formerly of Robert L. Rebuck and Kathryn L. Rebuck, his wife; thence Southwardly along lands of the said Rebuck and through the center of the partition wall built between the house on the lot hereby conveyed and the house on the lot of the said Rebuck, a distance of one hundred twenty-five (1251 feet to a point in the Northern line of said Richard Avenue; thence Westwardly along the Northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of BEGINNING. Being improved with the Western one-half of a double frame dwelling house and other improvements, known as No. 42 Richard l\venue. BEING the same premises which Irene M. Mihalakis, by Deed dated June 14, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book I, Volume 36, Page 525, granted and conveyed to Redevelopment Authority of the County of Cumberland, Grantor herein. The premi.ses shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 800X 11.6 rn, 525 EXHIBIT "A" ". "Li#: the . . , r - ,I",~ , - AND the said grantors do hereby warrant generally the property hereby conveyed. IN WITNESS WHEREOf, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered In the Presence of ATTEST: ~ Redevelopment Authority of the (,;) . ,1 (j , I County of Cumberland , . "t ~ t=. '::'7/fAAN'.(~ Commonwealth of Pennsylvania ss County of Cumberland On this, the ,;j3/J. day of /'i';t1rn~ , 1994 before me, the undersigned officer, personally appeare~ -:J/,.."rrllt (!. 6t(),yL , who acknowledged himself to be the -1ft "b",-f . of the Redeve~pm~nt Authority of the County of Cumberland, and that he as such -f1€~ 1"",,,1 , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the ~development Authority of the County of Cumberland by himself as -rn~,J.tof') . IN WITNESS WHEREOF, I have hereunto set my hand and :::f Publl.c G"'- NOTARLI1.SEAl. KAl1!N F. BYEllS. NOTARY PlJB(!C BORO OF CA/lllSlF. CUMBERLlNO COUNTY W r.Off/J'~\!Otl EXPIRES MARCH 19. 1'3, I HEREBY CERTIFY that the precise address of the grantee herein is 42 Richard Avenue, Shippensburg, PA 17257. ~,e",- ~ttuJ.~'Y' r' ~~ ( (1 p"f>>f r Grantee ! ! ! I --- fi'OOK 116 Pm 526 . I I , I , " I ., , , --- ,l!>'-- "L I . - .']-..' ~J~~j . Commonwealth of pennsylvania County of r\\rn \:'17 r IAn ~ " as Recorded r -. ~)(3I'), Etc. in the Office for Recording on(~eeds in and for in Deed Book , No. ~, Page Witness my hand and seal of Office ':J)~('./ ,19\4-4-. this dO day of ~...,.. - _.;~..."e~G4 ;P Jj~ Recorder .........~..... "'I, ' . -lW,K>-lRiS"-"'rl. ,:':.o~~\;!~,~r~Ir.::~O~ I .: ~C:t:~:,.,.".I:;:'''.:.t:.."" ..c:-... \.... *..j" 0-': Z.... ?",.,=" I "-:J."p;..'tr1~,.... '':;:,,~;'-~. :"c' j "'.:?l' :'!';'l~:~~_)~",~ it, '. : t. ,f.. . 'I!.. --"/ ~: ..' t~ \~<:j~~~j~~~<,~~: . I'. .... i?/ A Ilr. C-' ..- .] ~'".."'M ,I ~...._ \,~..,..",:~. C..oerhnd County R.'cor,J.r of In'tr...nt Filin. R.c.ipt' J62S6 In,tr' 1994-0J6998 lZ/20/1994 R...r.,: SALLY ~IHr~R [<(ED DEED - WRIT DECO - RTf STAlE SIIlF'f'El/SBIIIlG MEA SlIIPPENSIIJRG rl/f' ar..;!,' 6450 Ctr,,,.' 6449 rohl Recei~~j....... ~~--.__. I Sf, , f(1 t ~ I, Boiix 116 PACt 527 ~ ~ ......"u~-~ ~ ~ I' I..... " -' ~, - ..&i@;..: . 114 N. HANOVER 5'1:. STE. 104 . CARLISLE PA 11013-2445 ~ (111) z.I&.01ll8 0(111) 691-1103 0 (111) lI32 8llOII . FlIx(711) 249-Wll . ccb8@pLDet REDEVELOPMENT AUTHORITY OF THE COtlNTY OF CUMBERlAND . Houslllg Development. Houslllg RebabWtatIoll . . Houalllg MaDagement . Homeownershlp Programs . . DownloWII Revita11zatlon' . PubUc Facility Improvements' September 21, 2000 Mr. Roger R. Mellott, Jr. 503 Baltimore Avenue, #7 Ocean City, MD 21842 FILE RE: 42 Richard Avenue, Shippensburg, PA Dear Mr. Mellott: Please be advised that I represent the Redevelopment Authority of the County of Cumberland. My purpose in writing to you concems the above-referenced property which you purchased from the Redevelopment Authority on November 23,1994. As you may recall, a condition of your purchase of this property was that the property would remain owner occupied (non-rental) for a period of ten years from November 23, 1994. As you may further recall, this restriction is set forth in your Deed, a copy of which is enclosed. We understand that you are no longer residing in the property and that it is now a rental property. This is a violation of the restriction as set forth in the Deed. Unless we hear from you within ten days of the date of this letter as to your plan to bring the property into compliance with the restriction, we shall have no other altemative but to commence litigation in the Court of Common Pleas to enforce the Deed restriction. Your immediate attention to this matter is requested Very truly yours, Christopher C. Houston, Esquire I i kb Enclosure cc: Diana White F',HOUST0N\2SEPT21. WPO . , gy-_"_ _____ . __ ______ __ A _ '; EXHIIlIT "B" ~.. _~ "e "'~ "~ -<in ~;j",il . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; 00- (P'(G~ EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant NOTICE 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 -' "" J.. ~ -'~'%ll(;'1 Mellott/10.3.00 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- (, F ~ f EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant COMPLAINT AND NOW, comes the Plaintiff, the Redevelopment Authority of the County of Cumberland, by and through its attorney, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Redevelopment Authority of the County of Cumberland, a public body and a body corporate and politic created and organized in accordance with the provisions of the Urban Redevelopment Law, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 The Defendant is Roger R. Mellott, Jr., an adult individual, currently residing at 503 Baltimore Avenue, #7, Ocean City, Maryland 21842. 3 The Defendant is the owner of that certain lot of ground with improvements thereon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, being known and numbered as 42 Richard Avenue (hereinafter the "Premises"). 4 Defendant purchased the Premises from the Plaintiff pursuant to a Deed dated November ,IJ .. ~ i!;U 23, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 116, Page 525. A copy of said Deed is marked as Exhibit "A" and attached hereto and incorporated herein by reference. 5 The Premises was sold to the Defendant pursuant to a program offered by the Plaintiff to first time home buyers (the "Program"). 6 A requirement of the Program was that the homes being purchased by Program participants would remain non-rental/owner occupied for a period of ten (10) years from the date of acquisition by the participant and that this restrictive covenant would be included in any deed of conveyance. 7 Defendant purchased the Premises from the Plaintiff under and subject to the following restrictive covenant, to wit: The premises shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 8 As the Grantor of the Premises and as the party imposing the restrictive covenant, the Plaintiff has the right to enforce the restrictive covenant and prohibit Defendant from any and all violations thereof. 9 Plaintiff has been made aware of the fact that the Premises are no longer owner occupied ,j, '=' ~ ~. .1 ,- ~I . 'J' it~' and that instead the Premises are occupied by tenants, which is a violation of the restrictive covenant. 10 Upon learning that the Defendant had violated the restrictive covenant, Plaintiff gave notice to Defendant that it objected thereto and requested a response from Defendant as to his plan to bring the property into compliance with the restrictive covenant. A copy of Plaintiffs notice is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 11 Defendant has made no response to Plaintiffs letter of September 21 , and the use of the Premises continues to be in violation of the restrictive covenant. WHEREFORE, Plaintiff prays this Honorable Court to : A. Issuet an injunction issue, preliminary until final hearing, and permanent thereafter, restraining the Defendant from having any persons other than the owner occupy the Premises for the period often (10) years from November 23, 1994; and B. Such other general relief as may be just and proper. Respectfully submitted, ~"""' Es,,;... Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 .i" II. . . ,-'. . '~ I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND BYc~le'G"!! ~ Executive Director 'I, I'll. ~I " "l~,~ 1-, I" d," =~ !!: ~,....' J~ 9 9</' W,~d,..r TAX 1.0. ff 36-33-1867-041 MADE the year Nineteen hundred '), 'h,) T HIS DEE D day of l\)"ve~~~Y- and ninety-four (1994). in t.he '~E'PIEEN n: ~::. p..J' '.:: tU t: t'.. (:!w.._t"\N. 1;1 c.') ~.. ...., O",.E ,..J ~ (.:) -10- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, of 114 North Hanover street, Carlisle, Cumberland County, Pennsylvania, GRANTOR and ::~. [~g 1,...0....'( I:j rr: -, co 0 n: r:) 0 1.1.1 [~: III ~ n: -". '" - <, 0') WITNESSETH, that in consideration 0f FORTY-ONE THOUSAND and ($41,000.00) in hand paid, the receipt whereof is acknowledged, the said grantors do hereby grant and convey . . d .' sai9 grantee, h~B he1rs an ass~g~B, c:J N <...:> u.J ; Cl ROGER R. MELLOTT, JR., of 7500 Highway, Lot 51, Shippensburg, Pennsylvania, Molly Pitcher Cumberland Countl', GRlINTEE 001100 herl~by to 'the , ALL that certain lot of ground: with the improvements ther'eon erected, situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and describ~d as follows: BEGINNING at a point on the Northe~n side of Richard Avenue, which point is a corner of property now br formerly of Elizabeth Lesher; thence Northwardly along lands of! the said Lesher, a distance of one hundred twenty-five (1251 f~et to the Southern side of an alley; thence Eastwardly along s~id alley, a distance of twenty (20) feet to a point in line of lalnds now or formerly of Robert, L. Rebuck and Kathryn L. Rebuck, hi~ wife; thence Southwardly along lands of the said Rebuck and thr~ugh the center of the partit.ion wall built between the house on the lot hereby conveyed and the house on the lot of the said Rebuck, a distance of one hundred twenty-five (125) feet to a point in the Northern line of "aid Richard Avenue; thence westwardly! along the Northern line of "aid Richard Avenue, a distance of twenty (20) feet to a point, the place of BEGINNING. Being improv'ld with the Western one-half <>f a double frame dwelling house and other improvements, known as No. 42 Richard Avenue. BEING the same premises which Ir,ene M. Mihalakis, by Deed d..ted June 14, 1993, and recorded in the Office of the Recorder of D..eds in and for Cumberland County in Deed Book I, Volume 36, Page !525, granted and conveyed to Redevelopment Authority of the County of Cumberland, Grantor herein. The premi.ses shall remain owner occupied (non-rental) for a period of ten (10) years from the date of this conveyance. 80rJK 11.6 r'I,S, 5?5 EXHIBIT "A" ~~- I . -~ ~ 'ile," AND the said grantors do hereby warrant generally the property hereby conveyed. IN WI~NESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Pelivered In the Presence of ATTEST' .\-u Redevelopment Authority of the [' I Ii .f! n. . ~ County of Cumberland _' ._~ ~ By ~N(.t.f'..('~ <J -=', Commonwealth of Pennsylvania se County of Cumberland On this, the ,;j3/"d. day of ;!;r'tlnb..v.r ,1994 before me, the undersigned officer, pereonally appearecj.., 7:. /y)1'l11~ (!. 6eor,{. , who acknowledged himself to be the -:itl---1.d.~" . of the Redeve~pm~nt Authority of the County of Cumberland, and that he as such -flu Id.t.nt , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the ~development Authority of the County of Cumberland by himself as '---'I1t.!>IJ"Of'I . IN WITNESS WHEREOF, I have hereunto set my hand and :::f N tary Public ~T' NOTARIAL SEAl 1WlEN F, IlVEIlS. NOT.\IlY 1'UB1IC BORO OF CAIlllSlE. CUMOERWlO COUtIlY MY f.OlW'SS!Otl EXPIRES MARCH 18. 1939 I HEREBY CER~IFY that the precise address of the grantee herein is 42 Richard Avenue, Shippensburg, PA 17257. trtC",- ~f.Cu'J.9' f" ~~ c C,fp,,,.rwr' r Grantee ---. bOOK 116 pm 526 . . "" ~ , I Commonwealth of pennsylvania County ofr\\mb9.rlr-n~ " Recorded r .--' .) (71'), Etc. . . '- '~ "-UJ~, ss in the Office for Recording of Deeds in and for in Deed Book ~, No. ~, Page Witness my hand and seal of Office '~ge ./ ,1if.M-. J/'J ~ ......... ,,)'/ /.'\-" ~ --/ <.//~c.,"~:';~1 ...... -........ . ~ ~'\ 1 , ''ii:li~~r.'.I'H$''- <"1,1 "'~~~:.(3H"ltP~t~...Jt'O,('-('o '. ,.: ~S.1:'.~ ,....'.,....~~.;J:,',.",~ r;'h ~,,}.J 0"'1.'.' 1...... """ (1. '~,J.~~..~~.t,4,,, ~;...~ 'J.'.~' :,,{' , I, : ",~' I ::y..-;:.. : "'. ' ~.'~. t'!r.\-.~/.~'-_lll..rJ'...l. , . :, h' (I ";~ !.~<:":/),',j>' . t.~ , ~ 0., \~.~';~"'.:.I..:-.' .. " c;......,. '~f\t "';~"#'.:'" ,: "..: ,. \:i::.~.~.::::":,~~:~:-:...(), __,F 1\, "'l~l A llr' C". ~- .;\ "',.,," "f' "'........ ""......"lIo' ',Il~. . .,. "' iiiJOK 116 pm 527 this dO day of f/ }f~ Re:onler CU.b"lond County Recorder of I Instrument Filin. Receipt" J6256 Instr! 1994-0J6998 12120/1994 Re.arks: SAll Y ~I'I![1ER DEED DEED - ~RlT DW) - RTf STATE Sf/lF'PENSBI/RG AREA 5IIIFPENSBURG T~P Check" 6450 Check" 6'149 Tobl Received....... \I, I', 18 -' " J iIIIllILi~IJlIUlll,L:ii.Jj..IIi-.dL IL _ I -, I w~"I'I' I ~ ii,' '1iI.111" J....I - '0", " ' ~--' Mjjj:~ l j I '. . 114 N. HANOVER 1ST. - STE. 104 . CARLISLE PA 17013-2445 I" h_ ~. .,. 'Thlephone/1'DY (717) 249-0789 .(717) 697-7103 . (717) 532-8805. Fax(717) 249-4071 . ccha@pa.net REDEVEL~P1tJENT AUTBORlTlf OF THE OOtJN'ft" OF CUMBERf.AM) . Housing DeveloplI!~nt . Housing Rehabllitatton . . Houslng~ment . Homeownershlp Programs. . Downtoml Revltall....Uon. . PubDc Fbcllity Improvements. September 21, 2000 Mr. Roger R. Mellott, Jr. 503 Baltimore Avenue, #7 Ocean City, MD 21842 FILE RE: 42 Richard Avenlle, Shippensburg, PA Dear Mr. Mellott: Please be advised that I represent the Redevelopment Authority of the County of Cumberland. My purpose.inwriting to you concerns the, abo~e-referenced property which you purchased from the IREldevelopment Authority on Nov~mber 23, 1994. As you may recall, a condition of your purchase of this property was t~atthe property would remain owner occupied (non-rehtal) for a period of ten years from ! November 23, 1994. As you may further recall, this restriction is set forth in your Deed, a copy of which is enclosed. We understand that you are no longer residing in the property and that it is now a rental property. This is a violatiorof the r~5triction as set forth in tti,e Deed, Unless we hear from you within ten days of the date of this letter as to your plan to bring the property into compliance with the restriction, we shall have no other alternativ~ but to commence litigation in the Court of Common Pleas to enforce the Deed restrictioh.: Your immediate attention to this matter is requested Very truly yours, Christopher C. Houston, Esquire kb Enclosure cc: Diana White F:IHOUSTON12SEPTZ1.WPD ~-_..__...--- --- -------~-- 1 EXHIBIT "B" ~~~~~:!li,~Mrn'~'lilfll:t~koi~'a%i~;:~~i;._;,~-l],~ t ~rw ~..r:. . . ;I/J'. . -; .. .~ ~' VV ~~if--'. ~ '-'.::5 J: . : o VI: .~ u ~-- ~--, .-",- n.'.~" ~.~~ .dI!di- 'ill_ WW\l."",,,I--~'~r ~ -h:: ~ D "b o ai \ ~ "'I ~ . . ~ , ) .. >.i...:.....w.. ~ 0 ._ d n 0 C -C-:,) ~ 5F'SJ .::::> ....c: n Y5 --< ~ :;:~:c I (/)/ " 0' -<::.:. ~ d ~,c : -., ~;.:~ .. :1;- 0 >--c: T';:;' 2: ~ -j -<. I;:) ~ ~ ~ , -\-- :3-- o -+-, () ;::: -' e- n o b r'~, "".-' -n ~-;) ;~-'~~ C:)L-n ~ -< "E . "~ '''"'. -*-. ; ~-:.. C"_ ~. "'ilffi: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-6868 EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant AMENDED RULE AND NOW, thisa.t~ay of November, 2000, Plaintiff not having obtained service upon the Defendant of the Rule to Show Cause dated October 16, 2000, the Complaint in Equity, and the Petition for Injunctive Relief, the hearing previously scheduled for November 20, 2000, at 8:30 o'clock A.M., in Courtroom No.5, at the Cumberland County Courthouse, Carlisle, Pennsylvania, is hereby continued until February 2, 2001, at 9:00 o'clock A.M., in Courtroom No.5, at the Cumberland County Courthouse, Carlisle, Pennsylvania. The Plaintiff is directed to serve upon the Defendant at least twenty (20) days before the date of the continued hearing copies of this Amended Rule, the Rule to Show Cause dated October 16, 2000, the Complaint in Equity, and the Petition for Injunctive Relief with its accompanying papers, at least twenty (20) days before the date of the continued hearing. By th J. F:IHOUSTONIMELLRULE.WPD !-~ 4Jl 1/ - -Z;l, .() () R.K~ il..'1 ~,~ ,:5. ,__e ~ I M "-_'1- G: ?8 CUi\,;G~, CC):...!NTY PENf\SYL\!!\N~I\ '" ~,- "-~ u.~ - " ,__ ",:_~\1!!I~r'~(~"iitl'j\!1fj'$''''~~~~,,",, ' _ ~~.tl~~~"L'~k\'1l~,~~~Rl1~1$ ~-~ ,~ "';1 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff v ROGER R. MELLOTT, JR.. Defendant TO THE PROTHONOTARY: .IJ A. ..J """" ^ ~ -~ !Ill" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-6868 EQUITY TERM CIVIL ACTION - EQUITY PRAECIPE Please reinstate the Complaint filed in the above matter. Date: Of~A.<\..., I~, ~OUO F:IHOUSTONIMELLPRA.WPD ~o"'''O"' E'q";rn Attorney for Plaintiff 114 North Hanover Street Carlisle. PA 17013 717-249-0789 - jjlJ~-~- ,~ ~ ~ -J."iW1W'-1'-r1Lil:IlbJJ_~U\';;4i",~:l!Jiiftl,;g.1"; ~ ,,". = -, ~~ .~ ~~~ ""I,,_~.-" "~,._~"_~_",,.__ <'0 ~~~ ~- ,,' 1if;:-1IWa::iSf;fl!i;:ll1 <"i[ ,', ~, "'"j.....-.""'.i&\lt!'~-!fflit~'JJ' (') C> 0 c: C> ~.n ~ C) .-..., ~~; fT1 ?;':~ ("") - ~~ N ':),6 ~~-- r;:CJ -0 ..~'~ ...,.-, C'.o:.:D ~8 - -,,-::C) ..>> 6'" ;i>c: t.:1 ~ "7 ?P ~ N '< m ~ "" ~ ..I. " , ~; REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-6868 EQUITY v : CIVIL ACTION - EQUITY ROGER R. MELLOTT, JR., Defendant AND NOW, this ORDER OF COURT :/,,;1, UAII1UIlIl..'1 :/1" day of j;'el3rI!lElF}', 2001, upon request of the Plaintiff, the hearing previously scheduled in this matter for February 2, 2001, at 9:00 A.M., is hereby continued generally. J. .~ r ~."y>~D\ ~C5'(. ~ D \~ (l o ~~ F:IHOUSTONIMELLORD.WPD . ~, '-'U._ " ~ ~'" ." _lm"l _ \JJ'!f! ~~" ,""" ~~, _ 'N_'_~ -1'-' ,",,, _N "",",,"''''-. . .~ ^,~ >~ " '0.0..""" --,,''-__';'''3_ FiLED.-CfF~CE OF - ::~.!1'K)Tl\RY 01 FEB -I M'I 8: 5:1 CU. I' T"'-.. ",', ('CU"'1'( diOC:',Lf-,j',;l; v i l'i PENNSYLVANIA ,,_,~~'!'~9t'f1<<~m~~~~"-""'+<"-I""'!1~t~! REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Plaintiff v ROGER R. MELLOTT, JR., Defendant TO THE PROTHONOTARY: - - ~,- .IJ~ - I "" ~ ,! l '. '-""':; : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-6868 EQUITY : CIVIL ACTION - EQUITY PRAECIPE Please mark the above-captioned proceedings as settled and discontinued. Date:~fr~v /6 J ).. 00 I F:IHOUSTONIMELLPRA.WPD ~ Christopher C. HO~, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 iiW~~-ittu~~Jt.~~,;,~,",j.1!jjf~ , ~. .tdi!.-~.il~lllft.~'. _=.~ ,''''~ ~ _o,,~ ,. , ._~" ,I _~ -= ~ ,,- .. .~ - , ,';'.;- ~-" ~ o ~ 'UC" rn(~. ~~ ef' ,;::'::; ~~~ :~ . -' !,:) ~:::J n"j ,'C") a L0 .