HomeMy WebLinkAbout07-6061/ 1%
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
i 4tCvl'K
JUDICIAL DISTRICT
AM?3C?? C?J,JT?t
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. G -7 ( 0 4 t u? If
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 MAG. DIST. NO. OR NAME OF D.J.
Y __k"t > S(5rj 09 -3 -p
ADDRESS OF APPELLANT CITY STATE ZIP CODE
+29 ' 3wi ) PC-ti5 iaoaC' PIN* kms'l
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT)
q12-o1 `? I 0P EW Csu?. 'T?w? 3.P 09- Sy PV VS. QGN , V. ?a t ks c o'i
CV YEAR O-1 - C)DU® t9a - 0
LT YEAR
This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
signature o ro ono ary or Deputy
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 ???-?- ? B0 Cam' ??¢S appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. 07- 6061 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
;7=_1 ..
Signaturb'd appellant or his attorney or agent
RULE: To 40FEWeLL7WP lab Oic- S.i? zv?s?es 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.
(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: 11- , Year _ 7
Signature of Protthonota4 5*D eput
White Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink - Appellee Copy
Gold - D. J. Copy Proth. - 76
SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool. of seoiice MUST SF FILED WV THIN TEN ill( C i? TER filing the ?notice of appeal. 1-heck applic. -r.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear aft' m 9 ?t 1 er t:o
ipor the deist ,
i? (date o= ser. _ ___ __ _---_--_--------_-, yea(,- E] by oersonal service []by (certiiied) (,eglttered) rna,l, --, E eipt atiaoned ?.eret :, and upcn the appellee, (name -
--,al service []by (certifiedt (register) mail, senile<`s re~eint attache '
L a: ? 'u
whom
by perscnal SeNIG; n-'
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+ COMMONWEALTH OF PENNSYLVANIA
C.CII INTY n;:- CUMBERLAND
Mag. Dist. No.:
09-3-01
MDJ Name: Hon.
HAROLD E. BENDER
Address: 3 5 N ORANGE ST
SHIPPENSBURG, PA
Telephone: (717 ) 532-7676 17257-0361
ROY JOHNSON
129 BOOZ RD
SHIPPERSBURG,
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rHOPEMLL TWP BOARD OF SUPERVISORS 7
415 THREE SQ. HOLLOW RD
NEWBURG, PA 17240
L J
VS.
DEFENDANT: NAME and ADDRESS
rJOHN'SON, ROY
129 BOOZ RD
SHIPPZNSBURG, PA 17257
L J
Docket No.: CV-0000190-07 AAA
PA 17257 Date Filed: 8/22/07
THIS IS TO NOTIFY YOU THAT:
DEFAULT JDDGIIIIKENT PLTF
Judgment:
(Date of Judgment) 9/20/07
Judgment was entered for: (Name) HOPEWELL TWP BOARD O, F SUPERV
® Judgment was entered against: (Name) JOHNSON, ROY
in the amount of $ 600.0
F] 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
Judgment Costs $ 600.00
$ •
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 600.00
Post Judgment Credits $
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.
111-? "U Date zzz?? 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 11:14:00 AN
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¦ 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:
HOPEWELL TOWNSHIP
BOARD OF SUPER111504C?'?"
415 Three Square Hollow Road
Newburg PA 17240
A.
? Agent
? Addressee
." Fleceivedby (Printed Name) C. Date of Delivery
D.D. Is delivery'address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
td Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7005 0390 0002 9175 2521
hd* (rranslbr norn nrvko
..?? _
--- -- IBS Form 3811, Febnury 2004 Dwwslilic PAtu n Receipt 102505-024&1540
-7-
PROOF OF SEFARM19"UnWOF APPEAL. 5M'T T
(This proof of swvke MUST BE FILM IM? rMW Tai b *YS AFTER tfling#e notice of a . Cho& applicable boxes)
COMMONWEALTWC `PE1mNSXL1iVAktpr
COUNTY OF :? ?1`t2.+grwt? nll r3*1rpp iyy ?y;S fa; vu it: vd$" rr. i ,?
AFFIDAVIT Iereby swea( or.a„ that t sped'
a copy of tteNotice of Appeal, Common P16ais t*CWf try D JuS6ce designated therein on
{Mq registered) mail, sender's
(date of )
4xi
receipt
on
oC' 10rL?tt,. 1`!F= "'!
year br brka ?'t4mat, 'W pt attached hereto.
? t??
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and further that 1 served the Rute to File it yon g-the abgvp Notit:e°of Appeal upon tfie "I*$) to
???..
wt;om ,he44e W85 8tidfgs4d'Ort:? = ?. ear4'•Z i fir-p?emc?` ? !?-(cier'tifsetl, {registered}
mail, sender's receipt attached hereto.
aid t= t ? i ea• #'i>a v ki A
SWCRhd (At=FIRMED) AND SUBS WORE ME
THIS _ DAB' YEAR ZOO V
s .. ti. t:.J ` s?K:. ww J f iNir •.' s r; v` Srgnature of AAiant
Signature of i)ft t before Mt10rr! arridavR -was meals
My commission expires ont.. {v?eat a .l -
NOTARIAL $641,
My+ Apt it. a
JEANNE M. ARNOLID, ' U??t °srn r, 'Ain -r ?outharnpta?A 'I?p Ik1iA rttp
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Nt«t _?
JUDICIAL DISTRICT
L V h143C-? c :a nc? a -3 -T4
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J.
_;?blj _. G lA t-i o rA cry _ ::? _ U 1
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT)
3),12,>l 2C--X1-_7 1 V'? 04= s%a,?V vs. ?`2 3oNN.sQ-A
CLAIM NO. CV YEAR 01' SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
LT YEAR
1? 0 GAfc.S`- t j This block will be signed ONLY when this notation is required under PA. H appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as No. 1001(6tj in-acltfoH before "I trict Justice, he
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMP T Whin my (20)
days after filing his NAME ofI&PEA$,
re o?
PRA PE TO ENTER RULE TO FILE _ LAINT AND RULEw TO P s
(This sectwo`t'fotii'(ifed Y t?rt+UCND,4 C.P.J.P. No. 1001(7) in action b e pi?kriust
IF NOT USED, detach from copy of notice of appeal to be servet?qpon apwj' - c >? ri c=?'neri r yt`?
PRAECIPE: To Prothonotary C:)
De?
h
Enter rule upo?"4-?- opellee(s), to file a complaint in this appeal
-7 6041 Name of apWee(s)
(Common Pleas No. a/" ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signat appellant or his 9"", or agent
I
RULE: Tok6feWEu•TW+? 13D Ok- SW'6ZV?5o¢S , appellee(s)
Nam of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appealwithin twenty(20) days
after the date of service of this rule upon you by personal service or, by certified or registered mail.
(2) If y%da flog file a,poinplaint within this time, a JUDGMENT OF NON'PROS WILL BE ENTERED AGAINST YOU
UO(* PRAECIPE.
(3) -'Tie bate of service of this rule if service was by mail is-the c #t? gf,# 9?{rnai tg:
Date: &4_6 ?4_r I , Year
Signature of Prot / & Deputy
White - Prothonotary Copy
y '
Green - Court FileCody
Yellow - Appelant's
Pink - Appellee Copy
Gold - D. J. Copy Proth. - 76
HOPEWELL TOWNSHIP BOARD OF : IN THE COURT OF COMMON
SUPERVISORS : PLEAS OF CUMBERLAND
:COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 07-6061, 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
HOPEWELL TOWNSHIP BOARD OF
SUPERVISORS
Plaintiff
V.
ROY JOHNSON
Defendant
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
:COUNTY, PENNSYLVANIA
No. 07-6061, 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. The Board of Supervisors of Hopewell Twonship, Cumberland County,
properly adopted an Ordinance which is Ordinance 1982-1 requiring building
permits.
4. Defendant is Roy Johnson, a sui juris adult individual, residing at, and whose
address is, 129 Booz Road, Hopewell Township, Shippensburg, Pennsylvania
17257.
5. 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 3, Section 3.04A which
requires zoning permits prior to construction or altering of structures. A copy
of the notice is marked Exhibit "A" attached hereto and incorporated by
reference thereto.
6. 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 Township Ordinance 1982-1, Article II, Section 2.00 which
requires building permits prior to construction or altering of structures. A copy
of the notice is marked Exhibit "A" attached hereto and incorporated by
reference thereto.
7. Further, Defendant, Roy Johnson, was advised by the June 30, 2007, notice of
the proper procedure to apply for permits 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.
8. Defendant, Roy Johnson, failed to apply for a building permit or zoning
permit or file an appeal within 30 days as required by the Township
Ordinances and the Municipalities Planning Code.
9. 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.
10. On October 15, 2007, Defendant, through his counsel, Forest Myers, Esquire
filed a Notice of Appeal.
11. Defendant, Roy Johnson has constructed a structure which he is using as a
barn to house in excess of 25 cows without obtaining a zoning permit or a
building permit all of which is in violation of the Township Zoning Ordinance
as set forth above and the building permit ordinance as set forth above.
12. Defendant Roy Johnson was told by the Township Zoning and Permit Officer,
Greg Alleman on numerous occasions prior to June 30, 2007, that the barn
was not permitted and that the keeping of that large a number of cattle on a lot
less than 2 acres would be a violation of the Township Zoning Ordinance.
13. Defendant Roy Johnson continues to be in violation as set forth above and has
failed and refused to bring his property into compliance by applying for or
obtaining a zoning permit or building permit for the cattle barn constructed on
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,
M"vul'A'
Sally J. Winder, Esquire
Solicitor for Hopewell Township
Board of Supervisors, Plaintiff
9974 Molly Pitcher Highway
Shippensburg, PA 17257
(717) 532-9476
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 unworn falsification to authorities.
Date:
ti
HOPEWELL TOWNSHIP
BOARD OF SUPERVISORS
CUMBERLAND COUNTY
415 THREE SQUARE HOLLOW ROAD
NEWBURG, PA 17240
June 30, 2007
Dear Mr. Roy Johnson:
As the owner of the property at 129 Booz Road, Shippensburg, PA, 17257,
I am contacting you regarding the structure that is being built on the property without a
zoning permit and a building permit having been obtained from Hopewell Township.
On June 30, 2007, I was able to clearly see from the road that a structure is under
construction on your property.
Please be aware that building a structure without obtaining the required permits violates
Article 3, Section 3.04A (zoning permits are required to construct, structurally alter, or
move any structure) of the Hopewell Township Zoning Ordinance and Article II, Section
2.00 of Township Ordinance 1982-1 (building permits required). The property can be
brought into compliance if a zoning permit and a building pernut are obtained for the
structure. The zoning and building permits may be applied for by contacting the
Township Zoning and Permit Officer, Greg Allemmn at 423-6306 or appealing at the
Township Office to file such an application.
I aim 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 V1, 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 cones though 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.
Township Zoning and Permit Officer.
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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 - 6061
ROY JOHNSON, JUDGE:
DEFENDANT
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. Paragraph 3 is a conclusion for which no Answer is required. Strict proof at
trial is demanded.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. By way of further answer, Defendant avers that the Notice of June
30, 2007, does not provide for the procedure to obtain a Zoning or Building
permit.
8. Denied.
9. Admitted.
10. Admitted.
11. Denied. By way of further answer, Defendant avers that he has never kept
more than 25 cows on his property and further that no permanent structure
was constructed on his property.
12. Denied. By way of further answer, Defendant avers that the Zoning Officer
never advised him that a barn was not permitted and that keeping of
livestock on the property was a violation of the Zoning Ordinance.
13. Denied. By way of further answer, Defendant avers that the temporary
structure has been removed and that no more than six (06) small animals are
on the property.
WHEREFORE, Defendant respectfully requests your Honorable Court enter its Order
dismissing the Complaint of Plaintiff.
Respectfully,
Dated: November 26, 2007 T?c
Forest N. ers, Esquire
Atty I.D.# 18064
137 Park Place West
Shippensburg, PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyersaembargmail.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 unsworn fa if' ti to authorities.
Date: 11-If-,o-7-
R Jon n, Plaintiff
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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 - 6061
JUDGE:
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 21?`day of NOVEMBER, 2007, on the
following:
Sally J Winder, Esq.
9974 Molly Pitcher Highway
Shippensburg PA 17257
Dated: it _2't- a-i
Forest 4yy!eLr_s, Esquire
Atty I. D.# 18064
137 Park Place West
Shippensburg, PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyersCa?embargmail com
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HOPEWELL TOWNSHIP BOARD OF COURT OF COMMON PLEAS OF
SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
ROY JOHNSON, 07-6060 CIVIL TERM
DEFENDANT 07-6061 CIVIL TERM
ORDER OF COURT
AND NOW, this ?r/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,
-11 ubert X. Gilroy, Esquire
Court Administrator - eon `?{ ?;J
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HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROY JOHNSON,
DEFENDANT
07-6061 CIVIL TERM
ORDER OF COURT
AND NOW, this 00--N-day of January, 2009, the appointment of a
board of arbitrators IS VACATED as improvidently granted.'
By
Edgar B. Bayley, J.
'Sally J. Winder, Esquire
For Plaintiff
? / William A. Duncan, Esquire
For Defendants
" Hubert X. Gilroy, Esquire
:sal
COP 1423 rri t ITCL
1
'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.
40
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
(Briefs are due 5 days before pretrials
No. 07-6061 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: I al o q
Signed: 'X?-?
Print Name: Sally J. Winder
Attorney for: Hopewell Township Board of
Supervisors
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HOPEWELL TWP. BOARD OF,
SUPERVISORS,
V.
ROYJOHNSON,
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 17`h 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,
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M. L. Ebert, Jr., J.
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XSally J. Winder, Esquire
Attorney for Plaintiff
P. O. Box 341
Newville, PA 17241
Zorest N. Myers, Esquire
Attorney for Defendant
137 Park Place West
Shippensburg, PA 17257
Court Administrator - is pc S
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HOP WELL TOWNSHIP BOARD
OF UPERVISORS,
Plaintiff
V.
ROY
JOHNSON,
Defendant
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
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ordi
ship has put their case into evidence and the Defendant
admitted that he is in violation of the various
es, IT IS HEREBY ORDERED AND DIRECTED that judgment
shall be entered in favor of the township on the two
ordinance violations.
IT IS FURTHER ORDERED AND DIRECTED that the
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 o before July 31st, 2009.
Should the Defendant fail to comply with this
pursL
order, the Court would then consider sanctions
t to its contempt powers.
By the Court,
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M. L. Ebert, AJr.,J.
ally J. Winder, Esquire
Solicitor for the Plaintiff
?/ For st N. Myers, Esquire
For the Defendant
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