Loading...
HomeMy WebLinkAbout07-6060JF -% COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS k\1 % Wr4 JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I ?vt•?gt= tJ? ?duu'C`f I COMMON PLEAS No. Q -7 > NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. Poy ,J?t??ssoa 09-3-O1 ADDRESS OF APPELLANT CITY STATE ZIP CODE 129 'Q3 ? z Rsi A4 > 5? %9Perk 4 s8N3 2-cr. P426. %Z2sl DATE OF JUDGMENT I IN THE CASE OF (PLAINTIFF) 912ol2oo'1 4+-oPewe.- -c'viy aoolp- zfPeiwusaa s. ??I CV YEAR 20Q.N1- 000019 I - 0-7 LT YEAR SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature o ro ono ry or epu If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Fl!?V>GWC-tL -TV49 150 OF- 5LL'Pt=Q-V SoczS appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 6 -7 " G n 4 V ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To 4VoPGwr=LL TwP 6D Oa 5OVS-9w Is%" , appellee(s) Name of appellee(s) Signaf of appellant or his attorney or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Q G b ?' b -Year t2AO6 7 / S 6,' ? le- 0?0? Signature of Prothonotary cof0puty White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (7 riis pro of service MUST SF FILE'-) aN THiN TEN 10,) DAYS AF77-R filing the notice of appea,' Check applice ;e COMMONWEALTH OF PENNSYLVANIA COUNTY OF v AFFIDAVIT: I hereby swear ; - af'; m tr E I (c. .,e sers.?,. year Oby personal service []by {certified) r?gi,terer?} m e!pf at°acie:, hereto, and upon the appellee- ^parre __ _. .at service by (ce+tifiedl (register,--t -r•der s reneipt atta&ed 1-re wEom the R, fa q, -5 a -5i-e ec ?i ^ vea; by personal servif ?t.... DA. JF a-„ ,1r .r,r 1. 1, N J ' C ?? O _ ^ + Y COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUMBERLAND Mag. Dist. No.: 09-3-01 MDJ Name: Hon. HAROLD E. BENDER Address: 35 N ORANGE ST SHIPPENSBURG, PA Telephone: (717 ) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS [HOPEWELL TNP BOARD OF SUPERVISORS ? 415 THREE SQ. BOLL= RD NEIIBURG, PA 17240 L J VS. DEFENDANT: NAME and ADDRESS rJOHNSON, ROY 129 BOOZ RD SHIPPENSBURG, PA 17257 ROY JOHNSON L J 129 BOOZ RD Docket No.: CST-0000191-07 SHIPPENSBURG, PA 17257 Date Filed: 8/22/07 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGIMEXT PLTF (Date of Judgment) 9/20/07 Judgment was entered for: (Name) HOPEMLL TWP BOARD O, F SUPERV Judgment was entered against: (Name) JOHNSON, ROY in the amount of $ 600.0 ? Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 600.00 Judgment Costs $.05 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 600.00 Post Judgment Credits $--_-_----__I Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Q/ -S? , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 9/21/07 11:15:00 AN r? o Zo r -- 17 t `n =ac ?. - «, -< Ncc 41 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: HOP_EWELL TOWNSHIP BOARD OF SUPERVISORS 415 Three Square Hollow Road Newburg PA 17240 A Signat ? Agent D Addressee eby (Printed Name) C. Date of Delivery S rs M ?-17-0 D. Is delivery address d' t from item 1? 0 Yes If YES, enter delivery address below: 0 No _ 3. Service Type IQ Certified mail ? Express Mall E3 Registered ? Return Receipt for merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. ArticleNWA)w 7005 0390 0002 9175 2514 ' (Wards. flom swvft *W ,oxsaa.o¢.M-,a+o Ps Form 3811, Februwy =4 oomsuc Return Receipt PW S 4 WO"Ot OF APPEAL Al m. FX&,fi 0P,! WT (This proof of service MUST 13E FILED ?!N TEN (10, DAYS AFTER filing tti?a notices of appei Check applicable boxes) OF pENfr1SSYLVANt1C" r .,,_ • COMMONWEALTH * fi ? COUNTY OF ?'?N° •? -jai+? t, , y ? s.. .sww or ? efli . th;4t Iserved rm AFFIDAVIT. 1eb t a copy of #m Notice of Appeal, Common Plea- No, '-01 f9A CUB _? J designated therein on ?. (registered) mail, sender's (date r - " :_ an receipt heret?P? 4xn tt ? • ,Z,?"1 „ f""1 ?? ?;fc?j( mad1, `s£`e41de?'S r?Ceipt attached hereto. ?' n the above Notice of Appeal won the appellee(s) to and iurtherthat t sQtved ttte Rule to File m- a Cornpif;i t r? fPpa ying Yom'?. 1 r ed, "u *11y (certified) (registered) whom mail, s receipt attached hoW sender's SWORN "AFFiRM'0) AND SUBSOF MEFORE ME. : THIS L)?Y YEAR. SKfnatuie of Alfant ?h C Sognafure of 0Y/ i rl t7B10lA ?MIOli! W8/ AMdB dte of orfWia:` "j, x' T, l My commission exl$te$ ?+Lt year 3 3.. ,fir al K i , NOTARIAL BEAL JEANNE M.'AR MXO, fy ?f?Y.RU8L1fr ' . ri , ftwth>Ilaitlltbts 'I'"., Frliil 01111 Coot" M Li's h COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS nl % N -V-4 JUDICIAL DISTRICT e'V M gEa- At-Az 4ccksna-C'`( NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 -7 r. 1? o b ? ? ? J r ? LAM NOTICE OF APPEAL 7l, Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. 9120 CLAIM NO. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. VON( .}aNN50? 09-3-01 ADDRESS OF APPELLANT CITY STATE ZIP CODE 1Z? Z 2nQ.? '?4?i.?PC-?.fSayvZE, Pp? 1"t2Sl M PEWC-AA. %W V 'ev Ok= SU PC C2WL c)g SvS. jam`( -k?1Vk iQSQ t..s CV YEAR -2zt1 3 -- 000O IS I ` 0 7 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. na o r ' SignaftW of appellant or his attorney of agent RULE: To h09RV4 Q--A-6 -TWP 6P Oc CPC-?++ts [ , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or, by certified or registered mail. N TO ` RUL FIL ^ AMT AND F , E , (This sectAmV6i L` **F**h t' Dflf ? 1d .C.P.J.P. No. 1001(7) in action befcov&rictt wt ice---t IF NOT USED, detach from copy of notice of appeal to be serve<)okpon appellee. !" x S' r) s, 4 PRAECIPE: To Prothonotary: Enter rule upoq,"- Pti?NC V- Tw It' F %P 0E-PCQ -V 5 S. ms(s), to file a 4 hint this I Name of appepee(s) ?._.• (Common Pleas No. 4 I It/ U (0 V ) within twenty (20) days after service of rule or suffer entry of jutlnent 7F no4ros. (2) If you do not ' a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAtOPE. (3) The daf" service of this rule if service was by mail is the date of the mailing. Date: Q ?r g? year L /- Signs ure of Prot not u t =*- White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Pmth- - 7A Qsl?;l APPELLANT OR HIS ATTORNEY OR If appellant was Claimant-- see PA R.C.P.J.P. No. 1001(6)y'frf district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. HOPEWELL TOWNSHIP BOARD OF : IN THE COURT OF COMMON SUPERVISORS : PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA Plaintiff V. : No. 07-6060, CIVIL TERM ROY JOHNSON Defendant :CIVIL ACTION - LAW 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 r HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff V. ROY JOHNSON Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA No. 07-6060, CIVIL TERM :CIVIL ACTION - LAW APPEAL FROM DISTRICT JUSTICE COMPLAINT COMES NOW, the Board of Supervisors of Hopewell Township, Cumberland County, by and through its Solicitor, Sally J. Winder, Esquire, and does file this Complaint for Violation of the Hopewell Township Zoning Ordinance based upon the following: 1. Hopewell Township, Cumberland County is a duly constituted and existing Second Class Township, having a principal place of business and mailing address at 415 Three Square Hollow Road, Newburg, Hopewell Township, Cumberland County, Pennsylvania 17240. 2. The Board of Supervisors of Hopewell Township, Cumberland County, properly adopted the Hopewell Township Zoning Ordinance, April 1998, which includes a zoning map setting forth the various zoning districts within the Township including property presently owned by Defendant. 3. Defendant is Roy Johnson, a sui juris adult individual, residing at, and whose address is, 129 Booz Road, Hopewell Township, Shippensburg, Pennsylvania 17257. 4. Defendant, Roy Johnson was notified by the Hopewell Township Zoning and Permit Officer, Greg Alleman, by letter dated June 30, 2007, that he was in violation of the Township Zoning Ordinance Article 12, Section 12.04C which states that no unlicensed, inoperable or junked motor vehicles or substantial remnants thereof shall be parked, stored, placed or allowed to remain on any lot within any zoning district for a period of 30 days.. A copy of the notice is marked Exhibit "A" attached hereto and incorporated by reference thereto. 5. Further, Defendant, Roy Johnson, was advised by the June 30, 2007, notice of the proper procedure to remove the vehicles to come into compliance; and further, was notified of his right to appeal to the Zoning Hearing Board, all as more fully set forth in Exhibit "A" attached hereto and incorporated herein. 6. Defendant, Roy Johnson, failed to remove the unlicensed inoperable junk motor vehicles or file an appeal within 30 days as required by the Township Ordinances and the Municipalities Planning Code. 7. On August 22, 2007, a District Justice Complaint was filed by the Plaintiff against Defendant and a hearing was scheduled for September 20, 2007, at which time the Plaintiff appeared but Defendant failed to appear or enter any defense. 8. On October 15, 2007, Defendant, through his counsel, Forest Myers, Esquire filed a Notice of Appeal. 9. Defendant, Roy Johnson has unlicensed, junked motor vehicles on his property which have been there long in excess of 30 days all of which is in violation of the Township Zoning Ordinance as set forth above. 10. Defendant Roy Johnson was told by the Township Zoning and Permit Officer, Greg Alleman on numerous occasions prior to June 30, 2007, that the unlicensed and junked motor vehicles stored on his property since October 2006, were in violation of the Zoning Ordinance and should be removed. Defendant Roy Johnson continues to be in violation as set forth above and has failed and refused to bring his property into compliance by removing the unlicensed and junk motor vehicles from his property. WHEREFORE, Plaintiff requests this Honorable Court find Defendant in violation of the Township Zoning Ordinance and building permit ordinance and assess Defendant civil penalties and costs for each and every day of violation since June 30, 2007 to date of judgment. Respectfully submitted, iSally J. finder, Esquire Solicitor for Hopewell Township Board of Supervisors, Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 T HOPEWELL TOWNSHIP BOARD OF SUPERVISORS CUMBERLAND COUNTY 415 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 June 30, 2007 Dear Roy Johnson: As the owners of the property at 129 Booz Road, Shippensburg, PA 17257, I am contacting you regarding the unlicensed, inoperable or junk motor vehicles on your propery. On June 30, 2007, I was able to clearly see these vehicles on your lot. Please be aware that these type vehicles violates Article 12, Section 12.04C of the Hopewell Township Zoning Ordinance stating, no unlicensed, inoperable or junked motor vehicle or substantial remnants thereof shall be parked, stored, placed or allowed to remain on any lot within any zoning district for a period in excess of thirty (30) days, except that nothing shall be deemed to prohibit the parking storage or placement of such vehicle within a completely enclosed building or structure, or within a junk yard with a valid license and permit therefore. I am making you aware, by means of this letter, that if these violations are not corrected . within 30 days from the receipt of this notice, the Township will have no other choice than to take additional action to ensure compliance: that is, to bring the matter before the District Justice, which could result in a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township (Article VI, Section 617.2, Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247). This enforcement notice may be appealed within 30 days of its receipt, to the Hopewell Township Zoning Hearing Board, who may be contacted through Duane Gipe, Zoning Hearing Board Secretary, Newburg, PA, telephone number 423-6194. If you have any questions concerning the above, please feel free to contact me at (717)423-6306. Sincerely, Alleman Hopewell Township Zoning and Permit Officer Aak VERIFICATION I verify that the statements made in this pleading are true and correct to the best of my knowledge, information and belief and that as an elected member of the Board of Supervisors I am authorized to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA HOPEWELL TOWNSHIP BOARD OF SUPERVISORS, PLAINTIFF : CIVIL ACTION - LAW VS. No. 2007 - 6060 ROY JOHNSON, JUDGE: DEFENDANT : CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, First Class, postage prepaid, at Shippensburg, Pennsylvania, on the ZT4--day of NOVEMBER, 2007, on the following: Sally J Winder, Esq. 9974 Molly Pitcher Highway Shippensburg PA 17257 Dated: tt -Z-t- 6-1 Forest N. yers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@embargmail.com 'tom IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA HOPEWELL TOWNSHIP BOARD OF : SUPERVISORS, PLAINTIFF : VS. ROY JOHNSON, : DEFENDANT CIVIL ACTION - LAW No. 2007 - 6060 JUDGE: ANSWER TO COMPLAINT NOW COMES the Defendant, Roy Johnson, by and through his attorney, Forest N Myers, Esquire, and files an Answer to Complaint as follows: 1. Admitted. 2. Paragraph 2 is a conclusion for which no Answer is required. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. By way of further answer, Defendant avers that there was only one vehicle and further that said vehicle was removed within thirty (30) days of his receiving notice. 7. Admitted. 8. Admitted. 9. Denied. By way of further answer, Defendant avers that there was only one vehicle and said vehicle was not a junk or abandoned vehicle. 10. Denied. WHEREFORE, Defendant respectfully requests your Honorable Court enter its Order dismissing the Complaint of Plaintiff. Respectfully, Dated: November 26, 2007 Forest N.P?lyers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyersCcr)embargmail com verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to uns rn fal ' i io to authorities. y Date: 67 R o s n, Plaintiff t? -Ti r HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff V. ROY JOHNSON Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA : No. 07-6060, CIVIL TERM : and- No. 60fi+-etVfh-T-F4R& :CIVIL ACTION - LAW : APPEAL FROM DISTRICT JUSTICE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Sally J. Winder, counsel for the Plaintiff in the above captioned actions respectfully represents that: 1. The above captioned actions are at issue. 2. The claim of the Plaintiff is for civil penalties of up to $600.00 per day of violation from June 30, 2007 to date of judgment plus costs, as to each case. 3. There is no counterclaim in either action. The following attorneys are interested in the cases as counsel or are otherwise disqualified to sit as arbitrators: Forest N. Myers, Esquire is counsel for Defendant, William Duncan and Susan Otto are disqualified as being counsel for Defendants in other pending enforcement actions by Plaintiff. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. s ctfully submitted, Sally J. inder, squire Solicito for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532 9476 HOPEWELL TOWNSHIP BOARD OF COURT OF COMMON PLEAS OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ROY JOHNSON, DEFENDANT AND NOW, this 07-6060 CIVIL TERM 07-6061 CIVIL TERM ORDER OF COURT ?d day of November, 2008, the appointment of Maria P. Cognetti, Esquire, as the chairman on the Board of Arbitrators in the above- captioned cases, IS VACATED. Hubert X. Gilroy, Esquire, is appointed in her place. By the Edgar B. Bayley, ?Hubert X. Gilroy, Esquire Court Administrator - Cc? :sal CoPr ,"t ( LCL 11 ?k _ D Q r?+ HOPEWELL TOWNSHIP BOARD OF SUPERVISORS, PLAINTIFF V. ROY JOHNSON, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6060 CIVIL TERM ORDER OF COURT QIE:7- . day of January, 2009, the appointment of a board of arbitrators IS VACATED as improvidently granted.' By the Cc Kt Edgar B Sally J. Winder, Esquire For Plaintiff `'William A. Duncan, Esquire For Defendants "Hubert X. Gilroy, Esquire :sal c6p its m3?lfc? /141,59 , J. ' This is an appeal from a Magisterial District Judge involving an alleged violation of a Township Ordinance. The case must be heard by a court not a board of arbitrators. A-LkSTWd i ?m PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. X for trial without a jury. CAPTION OF CASE (entire caption must be stilted in full) Hopewell Twp. Board of Supervisors (check one) X Civil Action - Law Appeal from arbitration (other) (plaintiff) VS. Roy Johnson The trial list will be called on March 17, 2009 Trials commence on April 13, 2009 (Defendant) Pretrials will be held on March 25, vs. 2009 Griefs are due 5 days before pretrials No. 07-6060 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Sally J. Winder, Esquire Indicate trial counsel for other parties if known: Forest N. Myers, Esq. This case is ready for trial. Date: o2J? n Signed: C/lJ G? Print Name: Sal y J. Winder Attorney for: Hopewell Township Board of Supervisors -d? a •- _VA%VW- HOPEWELL TWP. BOARD OF, SUPERVISORS, V. ROY JOHNSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6060 CIVIL AND NO. 07-6061 CIVIL ORDER OF COURT AND NOW, this 17th day of February, 2009, the non-jury trial in the above referenced case has been assigned to this Court. IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before March 31, 2009, in the following format: 1. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. IT IS FURTHER ORDERED AND DIRECTED that the Non-Jury Trial in this matter will be held on Thursday, May 14, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, tw, -? b?- M. L. Ebert, Jr., J. 1' 4 ` V'l ?1iRS?? 1 1 May ? 5 _ 9 lit ??? XSally J. Winder, Esquire Attorney for Plaintiff P. O. Box 341 Newville, PA 17241 .//Forest N. Myers, Esquire Attorney for Defendant 137 Park Place West Shippensburg, PA 17257 -5P?. SZ?.) r,J0i Court Administrator bas C'cp I FS inaE LL a?ie?o9 ?rr? OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6060 CIVIL TERM ? NO. 07-6061 CIVIL TERM IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 14th day of May, 2009, after the inance violations. IT IS FURTHER ORDERED AND DIRECTED that the suant to its contempt powers. By the Court, **?.i - 4A\ - M. L. Ebert, Jr., J. t EWELL TOWNSHIP BOARD SUPERVISORS, Plaintiff V. JOHNSON, Defendant nship has put their case into evidence and the Defendant havling admitted that he is in violation of the various inances, IT IS HEREBY ORDERED AND DIRECTED that judgment shall be entered in favor of the township on the two Defendant shall remove the unauthorized building, remove all cattle and other animals from his property, and remove all unlicensed, inoperable vehicles or substantial parts thereof on or before July 31st, 2009. Should the Defendant fail to comply with this court order, the Court would then consider sanctions pa J ? 1 ? ? ? S't?4 ??; 1'rl ? ? ? ?? ? ? ??? ?l??? ?Y ?`iv .st;, ? ?:i '? I,- - ..-! J Sal y J. Winder, Esquire Solicitor for the Plaintiff ? For st N. Myers, Esquire For the Defendant :1 /;,1/09 ;j