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TOWNSHIP OF SHIPPENSBURG, : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, : CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA,
Plaintiff : NO. 99- 46479 EQUITY TERM
V.
ACTUAL HOLDINGS, A TRUST, = IN EQUITY
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
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 of 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
i
TOWNSHIP OF SHIPPENSBURG, : IN THE OUR COUNTY, LEAS F
CUMBERLAND COUNTY,
PENNSYLVANIA,
Plaintiff NO 99 ?j EQUITY TERM
V.
IN EQUITY
ACTUAL HOLDINGS, A TRUST,
Defendant
COMPLAINT
1. Plaintiff is Shippensburg Township, a 2nd Class Township organized and
existing under the 2nd Class Township Code of the Commonwealth of Pennsylvania with
offices at 81 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania.
2. Actual Holdings, a Trust, Defendant, is a Trust created under the laws of
South Carolina with offices located at 275 L. Harbison Boulevard, Suite 104, Columbia,
South Carolina 29212.
3. The Defendant, Actual Holdings, is the owner of certain real estate located
within Shippensburg Township, Cumberland County, Pennsylvania and more
particularly identified as 45A Sunbeam Court, Shippensburg, Cumberland County,
Pennsylvania; 45B Sunbeam Court, Shippensburg, Cumberland County, Pennsylvania;
and 45E Sunbeam Court, Shippensburg, Cumberland County, Pennsylvania.
4. Each of the above referenced properties is located in a subdivision known
as "Rocky Knob Apartments" located in Shippensburg Township, Cumberland County,
Pennsylvania.
5. The Defendant, despite actual notice from Plaintiff Shippensburg
Township, did fail to obtain building permits on these properties pursuant to the
Shippensburg Township Building Permit Ordinance, Ordinance Number 80-1 as
amended, which requires specifically that "Building permits shall be required before any
proposed construction or development is undertaken within the Township". See Section
2.00.
6. Defendant Actual Holdings did allow construction of multi-family residential
units located at the above referenced addresses within the Township in direct violation
of the building permit ordinance by specifically failing to obtain a building permit, did fail
to properly file for a building permit application, did fail to allow inspections as required
under the Building Permit Ordinance and otherwise did willfully and wantonly fail to
comply with the lawfully enacted ordinances of Shippensburg Township.
7. The Plaintiff, Shippensburg Township, pursuant to its Ordinance, is
bringing this action in equity to allow for equitable action by the Court of Common Pleas
of Cumberland County, Pennsylvania to require the enforcement of its ordinance, to
require the Defendant to obtain appropriate building permits, to restrain continuing
violation of the Ordinance, to order the removal of all tenants until the appropriate
ordinances of Shippensburg Township have been complied with and to order such other
relief as this Court may feel is just and reasonable.
WHEREFORE, for all the above reasons, Plaintiff, the Township of
Shippensburg, requests this Court to issue a permanent injunction against Defendant
Actual Holdings, A Trust, and require it to do the following:
a. Immediately submit an application, along with the appropriate fee,
to obtain a building permit on each of the above referenced properties;
b. Order the immediate evacuation of the properties by all tenants
until such time as the Defendant complies with all provisions of the Shippensburg
Township Building Permit Ordinance;
C. Impose the appropriate civil enforcement penalty;
d. Order the Defendant to pay all costs of this action, including
enforcement fees, attorney's fees and otherwise; and
e. To order such other relief as the Court may feel is iust and
reasonable.
71??-
Date
Respectfully
LAW f
71't-z
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R
on Turo, Es
32 South Bed
Carlisle, PA 1
(717) 245-96E
Special Coun
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
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Date
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TOWNSHIP OF SHIPPENSBURG, : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, : CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA,
Plaintiff : NO. 99-6979 EQUITY TERM
V.
ACTUAL HOLDINGS, A TRUST, : IN EQUITY
Defendant
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please mark the above captioned action as settled, withdrawn, and discontinued
by Plaintiffs and Defendants.
Respectfully Submitted.
FOR THE PLAINTIFF:
y 11?-Xv Lll-?
-
Date Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
FOR THE
yzj-jo o
Date
Lee Alan Stivale, Esquire
Mills of Victoria, Suite 301
1489 Baltimore Pike
Springfield, PA 19064
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