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HomeMy WebLinkAbout09-8696Charles O. Beckley, II, Esquire Attorney No. 47564 BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 THOMAS A. BECKLEY, MARY S. BECKLEY, IN THE COURT OF COMMON PLEAS MILTON A. FRIEDLANDER and AMY S. OF CUMBERLAND COUNTY, FRIEDLANDER, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -EQUITY ROBERT L. MYERS and CHRISTINE T. MYERS, NO. Q ?- 0 ?l 7 c e? l co Defendants 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, Pennsylvania 17013 (717) 249-3166 Charles O. Beckley, II, Esquire Attorney No. 47564 BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 THOMAS A. BECKLEY, MARY S. BECKLEY, IN THE COURT OF COMMON PLEAS MILTON A. FRIEDLANDER and AMY S. OF CUMBERLAND COUNTY, FRIEDLANDER, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - EQUITY ROBERT L. MYERS and CHRISTINE T. MYERS, NO Defendants COMPLAINT 09' R-6 ?6 CVr` I lei-44, AND NOW come the Plaintiffs, Thomas A. Beckley, Mary S. Beckley, Milton A. Friedlander and Amy S. Friedlander who, by and through their attorneys, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, file this Complaint, and in support thereof aver as follows: 1. THE PARTIES 1. Plaintiffs, Thomas A. Beckley and Mary S. Beckley ("the Beckleys"), are husband and wife. They are adult individuals and own and reside at the property situated at 333 North 27th Street in the Borough of Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiffs, Milton A. Friedlander and Amy S. Friedlander ("the Friedlanders"), are husband and wife. They are adult individuals and own and reside at the property situated at 345 North 27th Street in the Borough of Camp Hill, Cumberland County, Pennsylvania 1 3. Defendants, Robert L. Myers and Christine T. Myers ("the Myers"), are husband and wife. They are adult individuals and own and reside at the property situated at 336 North 26th Street in the Borough of Camp Hill, Cumberland County, Pennsylvania. II. JURISDICTION AND VENUE 4. This is an action to enjoin zoning violations which currently exist on the Myers' property. Because Plaintiffs and their property are substantially affected by these violations, this Court has jurisdiction of this matter by virtue of Section 617 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10617. 5. Because the property on which the zoning violations which Plaintiffs seek to enjoin is situated in Cumberland County, venue of this action properly lies in this Court. Pa.R.Civ.P. 1006(a)(2). III. FACTUAL BACKGROUND 6. The Beckleys' property is a single-family residence which sits on and faces the eastern side of North 27th Street in the Borough of Camp Hill ("the Borough"). The Beckleys acquired their property by deed dated September 20, 1971, which deed was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book H, Page 277. A true and correct copy of the Beckleys' deed is attached hereto as Exhibit A. 7. The Friedlanders' property is also a single-family residence which sits on and faces the eastern side of North 27th Street in the Borough of Camp Hill ("the Borough"). The Friedlanders acquired their property by deed dated August 13, 1996, which deed was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book 144, Page 506. A true and correct copy of the Friedlanders' deed is attached hereto as Exhibit B. 2 8. The Beckleys have resided continuously at their property since January 17, 1972. The Friedlanders have resided continuously at their property since June 9, 1997. 9. The Defendants' property is a single-family residence which sits on and faces the western side of North 26th Street in the Borough. Upon information and belief, Defendants acquired their property by deed dated October 24, 2001, which deed was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 248, at Page 4576. A true and correct copy of Defendants' deed is attached hereto as Exhibit C. 10. A portion of the western or rear boundary of Defendants' property adjoins both a portion of the eastern or rear boundary of the Beckleys' property, and a portion of the rear or eastern boundary of the Friedlanders' property. 11. Both Plaintiffs' and Defendants' properties are located in a Low-Density Residential ("LDR") zoning district. 12. In addition to the dwelling, on Defendants' property there are located at least two accessory buildings, plus an in-ground swimming pool and a spa. 13. The newer of the two accessory buildings on Defendants' property is a two-car garage, which Defendants constructed after they purchased the property. 14. The other accessory building formerly served as a two-car garage for the property. Upon information and belief, in 2005, Defendants substantially altered this accessory building and converted its use from a garage to a pool shelter. 15. The rear of Defendants' pool shelter faces the rear of the Beckleys' property. Defendants' pool shelter is located less than 10 feet from the rear lot line of Defendants' property. 3 16. Behind their pool shelter, Defendants installed a concrete pad, on which they have erected structures which, upon information and belief, serve as the heating and/or filtration system ("the Filtration Structures") for the swimming pool. 17. Both the concrete pad behind the pool shelter and the Filtration Structures erected thereon are less than three feet from Defendants' rear lot line. 18. The Filtration Structures are uncovered, unsightly, noisy and in full view of Plaintiffs' property. Defendants' pool shelter hides the Filtration Structures from Defendants' view. 19. Additionally, along the northern portion of Defendants' eastern or rear property line, Defendants' have erected a masonry wall. The height of this masonry wall exceeds three feet. 20. Upon information and belief, the Borough of Camp Hill adopted its current Zoning Ordinance on June 9, 2004, and the Ordinance became effective immediately. The Zoning Ordinance appears in Chapter 200 of the Code of Ordinances of Camp Hill Borough ("Camp Hill Code" or "CHC") 21. Upon information and belief, on or about March 9, 2005, Defendants submitted to the Borough an "Application for Plan Review and Building Permit" ("Building Permit Application") to construct an "in-ground swimming pool & spa w/brick paver patios on sand base." Upon information and belief, a true and correct copy of Defendants' Building Permit Application is attached hereto as Exhibit D. 22. Defendants' Building Permit Application did not show the Filtration Structures which Defendants ultimately erected behind the pool shelter. 23. Defendants' Building Permit Application did not request permission to convert the existing two-car garage into a pool shelter. 4 24. Upon information and belief, on March 9, 2005, Defendants also submitted to the Borough an "Application for Zoning Permit" ("Zoning Permit Application") seeking permission to "build [an] in-ground swimming pool & spa w/brick paver patio in sand base." Upon information and belief, a true and correct copy of Defendants' Zoning Permit Application is attached hereto as Exhibit E. 25. Defendants' Zoning Permit Application did not show the Filtration Structures which Defendants ultimately erected behind the pool shelter. 26. Defendants' Zoning Permit Application did not request permission to convert the existing two-car garage into a pool shelter. 27. Upon information and belief, the Borough approved Defendants' Zoning Permit Application on March 10, 2005. (The Borough's disposition of the Zoning Permit Application appears on the bottom half of the Application, which is attached hereto as Exhibit E.) 28. Upon information and belief the Borough issued a Construction Permit to Defendants on April 7, 2005. Upon information and belief, a true and correct copy of the Construction Permit is attached hereto as Exhibit F. 29. Upon information and belief, the Borough issued a Building Permit to Defendants on April 11, 2005. 30. Defendants proceeded to construct the in-ground swimming pool and spa on their property. Defendants also substantially altered the existing two-car garage and converted it into a pool shelter. Defendants installed the Filtration Structures behind the pool shelter. 31. The Zoning Ordinance provides that no structure may be erected or altered and no structure's use may be changed unless done so in conformity with the Ordinance's requirements. 5 CHC, §200-3.A.(1). Plaintiffs believe, and therefore aver, that at least the following violations of the Borough's Zoning Ordinance exist on Defendants' property: (a) The Filtration Structures and the concrete pad on which they are erected are both "structures" and "accessory structures" as defined by the Zoning Ordinance. CHC, §200-20. In the LDR zoning district, the Zoning Ordinance establishes a "three-foot-wide minimum side and rear yard setback... for a permitted detached structure that is accessory to a dwelling...." CHC, §200-27 (Table of Dimensional Requirements, Note A). A "setback line" is "[t]he line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent... exterior lot line...." CHC, §200-20. Accessory structures may not be erected within the required rear yard setback. CHC, §§200-20, 200-31(13)(a). Defendants constructed the concrete pad and the Filtration Structures within the required three-foot setback, in violation of CHC, §§200-3.A.(1)(a), 200-20 and 200-31(13)(a). (b) The masonry wall that Defendants erected along the northern portion of their rear lot line is a "wall" as defined by the Zoning Ordinance. CHC, §200-20. The wall lies within the required three-foot setback. "Walls in the minimum ... rear accessory building setback in a residential or MSD District shall have a maximum height of three feet." CHC, §200-31(6)(d)[2]. The wall which Defendants constructed along their rear lot line exceeds the three-foot height limit, in violation of CHC, §§200-3.A.(1)(a) and 200-31(6)(d)[2]. (c) "Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of 10 feet from any lot line." CHC, §200-31(14)(b). Defendants erected their pool shelter less than 10 feet from their rear lot line, in violation of CHC, §§200-3.A.(1)(a),(b) and (d) and 200-31(14)(b). 6 (d) The Zoning Ordinance requires that a zoning permit must be obtained prior to the erection, alteration or change of use of any structure. CHC, §200-3.A.(2)(a). Upon information and belief, Defendants did not obtain a zoning permit prior to altering and expanding the existing two-car garage and changing its use to a pool shelter, in violation of CHC, §200- 3.A.(2)(a) and 200-6.A.(1). (e) Upon information and belief, Defendants also did not obtain a zoning permit prior to constructing the new two-car garage which serves their property, in violation of CHC, §200-3.A.(2)(a) and 200-6.A.(1). (f) The Zoning Ordinance provides that "[i]t shall be unlawful to use and/or occupy any structure... for which a zoning permit is required until a certificate of use and occupancy for such activity has been issued by the Zoning Officer." CHC, §200-3A.(3)(a). Upon information and belief, Defendants have occupied and used their pool, spa, the pool shelter and the new two-car garage which serves the property without obtaining a certificate of use and occupancy from the Borough's Zoning Officer, in violation of CHC, §200-3A.(3)(a). (g) Upon information and belief, the total area of all of the accessory buildings in Defendants' property exceeds 1,000 square feet, in violation of CHC, §200-31D.(13)(b)[ 1]. (h) The omission of any relevant information from an application for a zoning permit constitutes a violation of the Zoning Ordinance. CHC, §200-6.A.(2). Defendants' application for a zoning permit for the pool and spa did not show the Filtration Structures; did not indicate that any structures would be erected within the three-foot rear yard setback; and did not indicate the total amount of Defendants' lot which would be covered by impervious surfaces after construction of the pool, spa and surrounding patio, in violation of CHC, §200-6.A.(2). 7 (i) Upon information and belief, the noise made by the Filtration Structures exceeds the maximum sound levels permissible at the lot line of a residential use in a residential district set forth in the Zoning Ordinance. CHC, §200-36.A. 0) The Zoning Ordinance provides that, in an LDR zoning district, at most, only 30 percent of the lot may be covered by buildings. CHC, §200-27 (Table of Dimensional Requirements). Plaintiffs believe, and therefore aver, that more than 30 percent of Defendants' lot is covered by buildings, in violation of CHC, §200-27 (Table of Dimensional Requirements). (k) The Zoning Ordinance provides that, in an LDR zoning district, at most, only 50 percent of a lot may be covered by impervious surfaces. CHC, §200-27 (Table of Dimensional Requirements). Plaintiffs believe, and therefore aver, that more than 50 percent of Plaintiffs' lot is covered by impervious surfaces, in violation of CHC, §200-27 (Table of Dimensional Requirements). (1) Defendants are storing what appears to be junk within the required three-foot rear setback area, in violation of CHC, §200-27 (Table of Dimensional Requirements, Note A). 32. The zoning violations on Defendants' property set forth above have substantially affected Plaintiffs by interfering with their quiet enjoyment of their property. 33. Despite repeated requests, the Borough has to date failed to take steps to remedy the zoning violations which exist on Defendants' property. 34. Accordingly, pursuant to Section 617 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10617, Plaintiffs respectfully request the Court to enjoin the zoning violations which exist on Defendants' property. 35. Plaintiffs have no adequate remedy at law to prevent Defendants' continuing violation of the Borough's Zoning Ordinance. 8 36. Plaintiffs served notice of their intention to bring this action by serving a copy of the Complaint upon the Council of the Borough of Camp Hill and by providing a copy of this Complaint to the Borough's Solicitor more than 30 days prior to filing the Complaint in this Court. WHEREFORE, Plaintiffs, Thomas A. Beckley, Mary S. Beckley, Milton A. Friedlander and Amy S. Friedlander respectfully request the Court to enter an Order: (1) Enjoining the zoning violations which currently exist on Defendants' property; (2) Directing Defendants to remove all structures currently within the three-foot rear yard setback; (3) Directing Defendants to remove that portion of the pool shelter which is closer than 10 feet to Defendants' rear lot line; (4) Directing Defendants to reduce the height of the wall constructed along the rear lot line of their property to no more than three feet; (5) Directing Defendants to take the appropriate steps necessary to reduce the total combined area of all accessory buildings on their property to less than 1,000 square feet; (6) Directing Defendants to remove any buildings from their property necessary to reduce the area of Defendants' property covered by buildings to no more than 30 percent of the area of Defendants' lot; (7) Directing Defendants to remove any impervious surfaces from their property necessary to reduce the area of Defendants' property covered by impervious surfaces to no more than 50 percent of the area of Defendants' lot; (8) Directing Defendants to bring the Filtration Structures into compliance with the applicable maximum noise levels; 9 (9) Enjoining Defendants from further use of their pool and spa until such time as they have secured a certificate of use and occupancy; (10) Enjoining Defendants from further use of the pool shelter until such time as they have secured both a zoning permit and a certificate of use and occupancy, and, if they are unable to obtain the required permit and certificate, directing Defendants to remove the pool shelter from their property; (11) Enjoining Defendants from further use of the new two-car garage until such time as they have secured both a zoning permit and a certificate of use and occupancy; (12) Enjoining Defendants from storing junk with the required rear setback area; and (13) Awarding to Plaintiffs their costs of suit and such other and further general relief which the Court deems appropriate. Dated: December, 2009 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfully submitted, Charles O. Beckley, I , E quire Attorney No. 47564 Attorney for Plaintiffs 10 VERIFICATION I, Thomas A. Beckley, hereby verify that I am an adult individual; that I have read the foregoing document; and that the averments therein contained are true to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties set forth in 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). DATED: November3 , 2009 Thomas A. Beckley VERIFICATION I, Mary S. Beckley, hereby verify that I am an adult individual; that I have read the foregoing document; and that the averments therein contained are true to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties set forth in 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). DATED: November, 2009 ' Ay?eckley VERIFICATION I, Milton A. Friedlander, hereby verify that I am an adult individual; that I have read the foregoing document; and that the averments therein contained are true to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties set forth in 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). DATED: November 1 , 2009 Milton A. Friedlander VERIFICATION I, Amy S. Friedlander, hereby verify that I am an adult individual; that I have read the foregoing document; and that the averments therein contained are true to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties set forth in 18 Pa.C.S. §4904 (relating to unsworn falsification, to authorities). DATED: November / , 2009 it? ?`-Y1 t J . ?1, 1 ? . ?' Gis?l Amy . Friedlander Ekl.ib?+ /F $Dk MJd %OE P21J6.?2y %001 i I i i 101 -pEEO-Ind. /s Ind. a Cwp. G-flw Sol., Co., 1211 Anh 31., ?hilo. 7, ?o. J Blade the me day of September , in the year Xineteen hundred and Seventy-one (1971) ?3c UVCJJ MILTON A. FRIEDLANDER and AMY S. FRIEDLANDER, his wife, of Camp Hill, Cumberland County, Pennsylvania W p u.c w O tJ , c` Own ~ ,,,? ;-N (hereinafter called the Grautors ), of the one part, and b??x 4,?lCZ OO W4l oW?° ti THOMAS A. BECKLEY and MARY S. BECKLEY, his wife, of Camp Hill, Cumberland County, Pennsylvania (hereinafter called the Grantees of the other part: ?Mti:rVVCHT That the said Grantors ti ? for and in consideration of the snnn of ONE DOLLAR ($1.00) lawful money of the United States of.lnterica, auto them well and truly paid by the xaid Grantees at and before the seali.n; and delivery of these presents, the receipt where-of is hereby aclinowledoed, have dr•arrted, bar6ained, sold, aliened, enfeo/,''r., released, conxeyed and confirnned, and by t.h.ese presents do 'rant, bur?rri,+, sell, alien, enfeoff, release, conreyand eonflrrri unto the said Grantees their heirs and Issiens, ALL that certain tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 27th Street, which said point is located southwardly a distance of 416.21 feet measured along the eastern side of North 27th Street from an iron pipe located at the intersection of the eastern side of North 27th Street and the southern side of the state highway known as Rt. 11 Bypass, which said point is also on the dividing line between Lots Nos. 4 and 5 on the plan of lots referred to hereinafter; thence along the dividing line between Lots Nos. 4 and 5 on said plan being along line of lands now or formerly of C.J. Fredericksen, at right angles to North 27th Street in an eastwardly direc- tion, a distance of 160 feet to a point; thence along line of lands now or formerly of C.M. Hawke, South 05 degrees 15 minutes East, a. distance of 127.23 feet to a poin'; thence along lands now or formerly of R. W. Helms, southwardly a distance of 24 feet to a point; thence along lands now or formerly of John Blessing through Lot No. 3 on the plan of lots referred to hereinafter by line at right angles to North 27th Street in a westerly direction a distance of 160 feet to a point on the eastern side of North 27th Street; and thence along the eastern side of North 27th Street in a northwardly direction a distance of 151.23 feet to a point, the Place of BEGINNING. BEING all of Lot No. 4 and the northern 24 feet of Lot No. 3 on a Plan of Lots :known as the Ritter Brothers Plan recorded in Plan Book 4, Page 43, Cumberlanc County records. HAVING thereon erected a single family dwelling known and numbered as 333 North 27th Street, Camp Hill, Pennsylvania. BOOK /'41-24 PAGE 277 Ii i is ?i ii I BEING the same premises which MURIEL F. ELDRIDGE, a widow, by her deed dated July 11 , 1967, and recorded' in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book K, Volume 22 at Page 608, granted and conveyed to Milton A. Friedlander, one of the Grantors herein. UNDER AND SUBJECT, nevertheless, to building and use restrictions of prior record. s f !G:: o- e6? h S h l Di C b o . . ere.o c oo st. um , Co., Pe. Cumb. Co., Ps. ;.4 RMI Goat. Tr f.r Tax ,L7. R«I fi1.h Tnmbr Tex y- D.b . 1 . .......71 Mf..?..: . / ? , ? ll c iii a /' ?...<J - GIGO ?`?•. Coml. Co. Dior, Col. Ay};1-5 Cumb. Co. Did, Col, Aqf. /}s , i cngtfl?tr with all and singular the iMI-Provernen•ts, u.wys, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, heredita- ments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantors , in law, equity, or otherwise howsoever, of, in, and to the same and every part thereof. BGQd ? 24 Pl,CE f _. ?tZa IIAbt Allb to hold the said hereditantents ?td premises hereby ranted, or mentioned and intended so to be, with the ppurtenances, unto the said Grantees their heirs and ?Isstgns, to ?II nd for the only proper use and behoof of the said Grantees their heirs hand Assigns forever. I Ull the said Grantors , for their Heirs, Executors and Idmin.istrator4 do by these presents covenant, grant and agree to au(l with the said Grantee a their heirs and .?saigns, that the said Grantor s , their Heirs, all and singular the hereditanaents and premises herein described and granted, or mentioned and intended so to be, with the appur- tenances, unto the said Grantees their and Assigns, against the said Grantors , and their heirs, and against all and every ptiter Person and Persons whomsoever lawfully claiming or ,to claim the same, or any part thereof, Shall and Will 1Y'4RRA.VT and forever DF,FAKAD. ilt "flifuesio Phe eaf, said Grantors have hereunto set their hands and seals the day and year first above written. '*ignebt c$+taltb anb PtIlumb ., l file of Friedlander ? , ? Amy Friedlander -14 / -- -- --_ REOISTF^_. fe X, b Me YRLL i a?Cn?Y Q;ionlula?lwsal/tJl? of ?ltllus?lnAlliA connlLf of C' (?/l? d t't a? p • n this, the afo ili1 day o f ?2?a f J? I' O i i 19 7/, be/ore me -t r/ 6 he undersigned officer, personally appeared f??%??urt /? F/'; eta/4 wo/E?r ^? ?rn y ?. ?Yi e??k ?•0Fr sown to me (or satisfactorily proven) to '•e the person f whose names subscribed to the ?e?(aykl,t/:?i1 ?•. i__.r. ent, and acknowledged that -hJte?/ executed the same for the purpose Therein conse \•hT t IN WITNESS WHEREOF, 1 have hereto set my hared and Sa NOTARY PUBLIC ,? '• ;91??!,?Cs Mr commission 6.pUas seplember 20, 197+ rllln Pon?tuM•xn. r i i e reunn p? a., . C? ? r £? (CerfWU that the precise address o th Ora tee la ein is 333 B00KW 24 PAGE i RCC-710!i-sil ?? ? y p Co.,.IONWEALTH OR PENNSYLVANIA REALTY TRANSFER TAX FOR RECORDS 'S USE OSLY ,NUE CTIONS BOOK NUMBER BUREAU OF COUNTY COLLE AFFIDAVIT 'OF VALUE PAGE NUMBER _ COMPLETE APPLICABLE SECTIONS IN FULL AND FILE IN DUPLICATE WITH FULL CONSIDERATION IS NOT $E MEN (1) THE T.4X EXEMPTION IS CLAIMED RECORDFRTU PRDFED SE T - -THE DEEU, (2) THE TRANSFER IS WITHOUT CONSIDERATION OR A GIFT, OR (3) A , FORT (REFER SECT, 8, RTT ACT OF DEC. 21, 1951, p, L, 17[2 AS AMENDED) SECTION I "' Milton _A, gridRA 1mS, (COMPLETE FOR ALL TRANSACTIONS) y Friedlander 333 North 27th Street, Camp Hill, Pennsylvania I 51 `_ , -- Thomas A. ADnRes9---- and Mary S. Beckley 333 North 29th Street, Camp Hill, Pennsylvania LOCATION OF LAND, TENEMENTS Ao0RESS AND IIEREDITAM ENTSI I I R,? 333 Z7th Street eetC gIPTION Borough of Cmp Hill FULL CONSIDERATIONS 50, OF O DEE9 NAMe OF LOCAL GOVERNMENTA Oberland County L UNIT coVVT- Y-?? PAIR MARKET VALUES 50 00=0, -?' HIGHEST ASSESSED VALUES --T-?? ''- REALTY TRANSFER TAX PAIOS'' 1 11,1:1 :111 • eaacTlJ--'- TAX EXEMPT TRANSACTIONS, IF TRANSFER IS PARTIALLY OR WHOLLY EXEMPT, SHOW AMOUNT EXEMPT, REASON (5) AND CITE PORTION OF LAW, IF THIS IS A TRANSPER FROM q STRAW, AGENT OR TRUST AG_RF.EMFHT, COMPLETE THE REVERSE SIDE. SECTION (COMPLETE ONLY IF PROPERTY WAS SUBJECT TO LIEN OR MORTGAGE AT THE TIME OF TRANSFER) EXISTING MORTGAGE, s 131815, 35 The Co DISPOSITION Satisfied MOR?Gq Gf.E mmonwealkh National Bank (Harrisbur National Harrisburg", Pennsylvania AUURL EXISTING MORTGAGE, $ DISPOSITION ------------ -------- MOq TGAGtlE ...?? EX15TING LIEN OR OBLIGATION, $ _DISPOSITION LIENNOLDEq ' EXISTING LIEN OR OBLIGATION, $-? • DISPOSITION _ i LI ENHOLO?R I SECTION III , (COMPLETE ONLY IF TRANSFER IS RESULT OF JUDICIAL SALE) OFFICIAL CONDUCTING SALE SUCCESSFUL BIDDER NAME ??5?_ NAME ADOgE99 TITLE JUDGEMENT PLUS BID PRICE PRIOR LIENS HIGHEST ASSESSED V V r + VALVE JUDGEMENT PLUS INTEREST a >,,,?±Y, n•?? BID PRICE y5 PRIOR RE C 1 { P IQ?- f ?l 1 .ti .J 3 ECORED MR PRIOR RECORDED MORTGAGE ' UNPgID REAL ESTATE TAXES f '--- S WATER RENT DU- - S I*?•Y?Yt brw+? tl.: '+c,? f to ;ci;v?--?N::, •±T••'r ?.". ::;., SEWAGE RENY DUE ATTORNEY FEES S OTHER (COSTS, ETC.) f '"n°$;.;+'w*•L+:.' TO TAI_ S $ wifMy.-:7;'??ti f NOTE: CALCULATIONS MUST BE SHOWN IN ALL COLUMNS. SWORN I' Ua £D EFORE ME IS'? -OA- ALL OF THE INFORMATION ENTERED tiF 7, ON 60TH SIDES OF THIS AFFIDAVIT IS TRUE, FULL AND COMPLETE. TO THE BEST OF KNOW iNF ' QNT4 RY, Pq9 CSC------ TION A BE F. RMA- MYGOiatySSION EX? RE'S' 19 A., r •?i?{l,?\l? / [ GRANTEE '•,? ,• AGENT FO GRANTEE '• f ?GRANTOR [] AGENT FOR GRANTOR ? STRAW C:j TRUSTEE BOOKk 24PAZ 280 b-'?e 4 `,' ; .a o n rri ...; THIS DEEDJ?9 C.J'1 CJ ' ?--' rn IV '-! {?1 f''3 Made the t 9 _ day of October, 2001, - < cart v BETWEEN VIRGINIA M. HAWKE, widow, by DEBRA S. HAWKE, her attorney-in-fact, of Cumberland County, Pennsylvania, Parties of the First Part, hereinafter designated as the GRANTOR, AND ROBERT L. MYERS and CHRISTINE T. MYERS, husband and wife, of C? •K Lp r ? County, Pennsylvania, Party of the Second Part, hereinafter designated as the GRANTEES. WITNESSETH, that the Grantor for and in consideration of THREE HUNDRED TWENTY-FIVE THOUSAND and 00/100 (5325,000.00) Dollars, lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western side of North 26* Street, at line of lands of Harry E. Lampe and Agnes G. Lampe, his wife; thence in a westerly direction along lands of Harry E. Lampe and Agnes G. Lampe, his wife, 155.00 feet, more or less, to a point on the line of lands now or late of George W. Musser; thence in a northerly direction along lands now or late of George W. Musser, 110.00 feet, more of less, to a point; thence in an easterly direction along lands of Reeder in a Miller and at right angles the western wNorth 261 Street, 155.00 estern line o North 261 Street, 1 0.00 eet o6a po?tthePace of southerly direction along h BEGINNING. HAVING thereon erected a two and one half story brick and frame dwelling (Number 336 North 26* Street, Camp Hill, Pennsylvania) and a detached two-car frame garage. $JG,i 2413 rAU-I3 J76 ' t SUBJECT nevertheless to certain express conditions and restrictions as appear on record in Deed Book D-12, Page 343. BEING THE SAME premises which Virginia M. Hawke, widow, William T. Hawke and Debra S. Hawke, husband and wife, by their deed dated May 9, 2001 and recorded May 11, 2001 in Deed Book 244, Page 501, granted and conveyed unto Virginia M. Hawke, widow, GRANTOR herein. Debra S. Hawke is executing this deed pursuant to a Power of Attorney from Virginia M. Hawke to Debra S. Hawke dated the day of ,_Am uLooo and to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof, AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenant that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, adminiS sentive-+successors a signs had been inserted after each and 5 `d a ? x ra. o ?' . ? rr cRi to C3 S yy?? V ?. _ N oEiK 248 6a o w$?Q IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year first above written. WITNESS: Virga M. Hawke, Debra S. Hawke, her atoomey-in-fact ?u mbertaf d COMMONWEALTH OF PENNSYLVANIA, COUNTY OF _ )SS. BE IT REMEMBERED, that on 6 (gAho Z Q • 2001, before me the subscriber personally appeared Virginia M. Hawke, widow, by Debra S. Hawke, her attorney-in-fact, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. •'' '? L? PLd*c ,I- W CAROY On Fsb.19, 2004 Vff MW, --Anoc dmdNoWter ;?+... ??, ,. • ,ice,;•. Notary Public :'zs4-, I HEREBY CERTIFY that the precise residence of the Grantees is: aj Norm a U-M C4MP F6I l AR MOO I Certify this to be recorded In Cumberland County PA V: i ° Z Recorder of Deeds . `YY1 ?a n , cr?e? Attorney for Grantor/Grantees mi 248 -, -4578 6-, ?,b,+ L dlb\dee&%h.,t t wid.ded coinr os .8 Vi- j Y1dGLAL11 U COUiITY - P? ' '96 col; is pfl 1 36 THIS DEED, Tax Parcel No. 01-20-1832-238 Made the 3 day of Ausuuat, 1996, BETWEEN ERNEST C. HAIRTLAWild MARY LOU HARTLAND, husband and wife, Parties of the First Part, hereinafter designated as the Grantors, AND MH,TON FRM LANDER and AMY FRMLANDER, huftnd and wife, Parties of the Second Part, hereitiatter designated as the Grantees. WPINESSETH, that the Grantors for and in consideration of Three Hundred Ninety Thousand Dollars ($390,000.00), la*&l money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever. ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the east side of North Twenty-Seventh Street, which aid point is located South 6 degrees 8 minutes Feat 296.21 feet from an iron pipe located at the intersection of the east side of North Twenty-Seventh Street and the south side of the State Highway (known as Route No. 11 BY1pse), acid point being on the line of lands formerly of Ritter Brothers, now or formerly of Aft Siggins, Jr.; thence along line of land now or formerly of John Siggins, Jr., North 83 degrees 48 minutes Bast 160 feet to an iron pipe at the point of other lands now or formerly of John SiBBms, Jr.; thence along line of lands now or formerly of Reeder M11kr and wife, and John T. lens, South 6 degrees 8 minutes Past (formerly called South 5 degrees 15 minutes east) 120 feet to a point at the line of other lands now or formerly of Ritter Brothers; thence by said lands South 83 degrees 58 minutes West (formerly called South 84 degrees 45 minutes West) 160 id to a point on the east side of North TwentynSeventh Street; thence North 6 degrees 8 minutes West (formerly called North 5 degrees 15 minutes West 120 feet to the place of BEGINNING. HAVING erected thereon a single family residence (mown as and having the address of 345 North 27th Street, Camp Hill, Penasylvania. BEING the same premises which John Kennedy by Deed dated August 27, 1993, and recorded August 30, 1993, in the Recorder of Deeds Office of Cumberland County in Deed eboli 1.94 MME 56G d1b\dwda%hrt Ind.d"d Book M, Volume 36, Page 617, granted and conveyed unto Ernest C. Hartland and Mary Lou Hartland, Grantors herein. TOIL with all and singular the buildings, improvements, ways, woods, waters, wwr+wuraes, rights, liberties, trivilega, hereditament, and apputte aam to the same belonging or in anywise appertalinimg; and the raven and reversions, remainder and remainders, rents, issues and pmtfits thereof, and Of every part Mad PMraei thereof; AND ALSQ all the estste, right, title, inWcat, use, Possession. Oroperty, claim and demand whatsoever of the Grantors both in law and in equity, of, In and sa the premises herein described and every part and parcel thereof with the appurtenanoes. TO HAVE AND TO HOLD ail and singular the premises here! a described together with the hereditaments and appurtenances unto the Grantees and the Grantees' proper use and benefit forever. AND the Grantors covenant that, except as may be herein set forth, they does and will forever spedalty vrarsamt and defend the lulls and premises, hereditament and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number Is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any patty shall be designated or referred to by name or general sefnrnoe, such desigrwlon is intended to and shall have tine same effect as if the words "heirs, exa don administa tors, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN W119M WHERSOF, the Grantors have hereunto at their hands and seals the day and year first above written. Sisued, Sealed and Delivered in the presence of C. HARTLAND by his Atto ey- YY in-Fact MARY LOU HARTLAND ?:11,1111s. I- M U HARTLAND A.OK 144 PACE 51D;' dib%d@wk%hatt(".dd THE UNDERSIGNED CERTIFIES THAT THE RESIDENCE AND COMPL$TE POST OFFICE ADDRESS OF THE GRANTEE IS: y?N 1s .7r ??MI/ H,tit PA . 7 0 It Sheet CRY State Zip Code ip?ature -7 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF 64m6w la yt ) BE IT REMFMERED, that on August _13"' . 1996, before me the subscriber personally appeared ERNEST C. IIARTLAND by his Attomey4n-Fact MARY LOU HARTLAND and MARY LOU HARTIEAND, known to me (or satisfactorily proven) to be the persons, whose names are subscribed' to the within instrument and acknowledpd that they executed the same for the purposes theWn contained. MY hand and seal the day and year aforesaid. Jn?-4 - otary Pub . N,1?1 sssi oebotsb 1. =c en. NWa?PubAc came Ha Born, cumb.darq COMMONWEALTH OF PENNSYLVANIA ) bly Commleslorr Expires a"" ?s• Mentor, py/yeIMxrd HdeAxe SS. COUNTY OF CUMBERLAND ) Recorded in the Office of the Recorder of Deeds, etc_, in and for said County, in Deed Book Volume , page Witness my Hand and Official Seal this -S- day of ASS .1996. Recorder ,, tlK 4 PACE 508 BbNO v F CAMP I?L '""" Ssuwiy sr e * ?^- mr _ s is's's 3s s?'s's's ?'s I a a e' BOOK Li PACE 51I c? PERMIT # -?, BOROUGH OF CAMP IIIL APPLICATION FOR PLAN REVIEW 2145 WALNUT STREET AND BUILDING PERMIT CAMP HILL, PA 17011 APPROVAL: SINGLE-FAMILY, (717) 737-3456 FAX (717) 730-3961 MULTI-FAMILY & COMMERCIAL EMAIL: camphillcodes@comcast.net WEB: http://www.camphW-pa.org OFFICE HOURS: Monday through Friday 8:30 AM to 4:30 PM Site Address __3 3 (- K. ZC, rN 5T-2E7- Tax Parcel # d Zo - r 8.5 77- Z ?g Lot # Subdivision/Land Development Phase Section Owner 13o3 imia Cf t/?t5 ? rtE N?`? E2 S Phone # Fax # Mailing Address 5A-rn E I--, S rnu- /D.b t ?_E3 S TYPE OF IMPROVEMENT (Check One) New Construction ? Addition ? Alteration ? Repair ? Demolition ? Relocation ? Foundation Only ? Change of Use Describe the proposed work in detail: IN- 61coun_)cb Swrn?t?vtr,.? PLtzL SPA w, 9P-1c4 P,ty fZ P'--rlos oN SflNA 015€ ESTIMATED COST OF CONSTRUCTION (reasonable fair market value) $ 50 000 Cost of construction subject to verification by the Building Official based on current valuation tables. ZONING DISTRICT (Check One) XLDR ? MDR ? MDRO ? MDRT ? HDRO ? CG ? CS ? CN ? LIN ? MSOD PROPOSED USE GROUP(S) (Check all that apply) ? A-1 ? A-2 ? A-3 ? A-4 ? A-5 ? B ? E ? F-1 ? F-2 ? H-1 ? H-2 ? H-3 ? H-4 ? I-1 ? I-2 ? I-3 ? M ? R-1 ? R-2 ? R-3 ? S-1 ? S-2 ? U ? Mixed Uses Describe in detail the proposed use of the building or structure: ? Plan Reviewer ? Borough ? Applicant ? County NkFt 0 9 2005 B Y: -------------------- RECENFED 2005 Pennoni Associates, InG. FACTORY / HIGH HAZARD / STORAGE : F, H, or S Use Group(s): Describe in detail the contents and quantities of materials stored and/or used in the building or structure (submit attachment if necessary) Attach a list of all hazardous materials that will be used / stored in the proposed structure (include quantities & CAS #) RESIDENTIAL: (R Use Groups) Number of Units, Suites or Rooms Number of Dwelling Units EXISTING BUILDINGS / STRUCTURES: Indicate Current Use Group(s) _ OCCUPANCY: (Maximum # of persons that may be inside the building / structure at one time) Total Occupancy Loads (Maximum): Existing: Persons Proposed: Persons Total Number of Employees (Maximum): Existing: Persons Proposed: Persons BUILDING TYPE OF CONSTRUCTION: (Check One) ? 1-A ? 1-B ? 2-A ? 2-B ? 3-A ? 3-B ? 4 ? 5-A ? 5-B HVAC: Indicate The Type of Heating / Ventilating / Air Conditioning System (i.e.: electric, gas, oil, etc.) FIREPLACE(S): Number Type of Fuel BTU's Type Vent ELEVATOR: (Check) ? Yes PNo BUILDING DIMENSIONS: Height Above Grade: Feet Number Of Stories Above Grade: Number Of Stories Below Grade: BUILDING AREA: Proposed Building Area (Square Feet) 23 o O Existing Building Area (Square Feet) Building Area (Square Feet) Area of the Largest Floor (Square Feet) LOT SIZE: Square Feet Percent of Building Coverage On The Lot: Percent of Lot Coverage: % Acres Existing: Plot Plan Attached: Total % Proposed PARKING: Number of existing off-street parking spaces Number of proposed off-street parking spaces Commercial Use Only: Number of Handicap Accessible Parking Spaces _ Number of Van Accessible Handicap Parking Spaces FLOODPLAIN: Is the site located within an identified flood prone area? (Check) ? Yes ? No Will any portion of the flood prone area be developed? (Check) ? Yes ? No ? N/A If any construction or development will be within a flood prone area the "Supplement to Building Permit Application Form for Development in the Floodplain" must be completed and submitted along with this application. MARKET STREET OVERLAY DISTRICT: Is the site located within the Market Street Overlay District? ? Yes ? No If any construction is within the Market Street Overlay District, a permit cannot be issued until a certificate of appropriateness is issued by the governing body. BOROUGH FIRE MARSHAL/FIRE OFFICIALS Copies of plans will directly be submitted to Camp Hill Borough's Fire Marshal/Fire Officials for further safety review and inspection. Date: VALIDATION In order for the building permit to be approved the following are required validations: Compliance with UCC Act 45, All excavations (fence, pool, foundation) require a PA ONE CALL 1-800-242-1776, 24 HOUR NOTICE REQUIRED FOR ALL INSPECTIONS. Contractor A©uq y t5 tonl s oo C _ Phone °71-7 - y 3Z. - o 8 Z o Mailing Address g 9 u o y i,5 or) S _. it? C. Ve!`,, Zo n h e_+ l Email: ) 31 G?-?'vtP642-o v m D Zb. D j LLS 3 LrP- G PA 1-2019 Architect or Engineer Phone Mailing Address Email: Fax '717- y3Z - oBZo Fax Applicant A Q OA V 1 S 1 o n3S , IN Phone ?i 7 y 3 Z- 0,S Z© Fax -71-7, Y 3 Z- o 8 2 v Mailing Address 131 C4-riP&4ZovNil 2.t> Dj LL,53, u2 G _ PA, t -7 a icj Email: oL!? uo,yi sans -6D firer; zoo . ,??? t CAMP HILL BOROUGH PROJECT DOCUMENTS (DRAWINGS & CALCULATIONS) s OF DOCUMENT SUBMITTED SIGNED & SEALED PLAN ? Yes ? No ? Yes ? No SOIL REPORT ? Yes ? No ARCHITECTURAL DRAWINGS ? Yes ? No STRUCTURAL DRAWINGS ? Yes ? No MECHANICAL DRAWINGS ? Yes ? No ELECTRICAL DRAWINGS ? Yes ? No PLUMBING DRAWINGS ? Yes ? No SPRINKLER DRAWINGS ? Yes ? No SPRINKLER ? Yes ? No CALCULATIONS SPECIFICATIONS WORKERS COMP. CERTIFICATE STORMWATER (MANAGEMENT ACT SOIL CONSERVATION ?Yes?No ?Yes?No ?Yes?No ? Yes ? No ?Yes?No ?Yes?No ?Yes?No ? Yes ? No ? Yes ? No ?Yes?No ?Yes?No ?Yes?No ? Yes ? No ?Yes?No ?Yes?No ?Yes?No DATE: REVISION DATE: DATE STAMP: The applicant certifies that all information on this application is correct and the work will be completed in accordance with the "approved" construction documents and all applicable codes, ordinances and regulations of the Borough of Camp Hill. The applicant certifies that all work will be completed in accordance with all State and Federal regulations. The property owner and applicant assumes the responsibility of locating all property lines, setback lines, easements, rights-of way, flood areas, etc. Issuance of a permit and approval of construction documents shall not be construed as authority to violate, cancel or set aside any provisions of the codes or ordinances of the Borough of Camp Hill or any other governing body. The applicant certifies he/she understands all the applicable codes, ordinances and regulations. The applicant acknowledges the Borough of Camp Hill may charge an additional fee for the failure of a party scheduling an inspection to appear, or to cancel or reschedule an appointment for work that is otherwise not ready for inspection. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the registered design professional employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the qualified applicant or a signed statement of the qualified applicant witnessed by the code official or his designee to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. 111kM-4E71J J. Ly51C Signature of Applicant Print/Type Name Signature of Owner Print/Type Name For inspections contact: Keith C. Gingrich Pennon Associates Inc. 431 Railroad Avenue Camp Hill, PA 17011 717-375-6481 kglngrich@pennoni.com Date Date A 24 hour minimum notice is required before all inspections FOR BOROUGH USE ONLY: ADDITIONAL PERMITS/APPROVALS REQUIRED: ? STREET CUT f ? PA DEPT. OF L. & I. ? PENNDOT HIGHWAY OCCUPANCY ? DEP FLOODWAY OR FLOODPLAIN ? SEWER CONNECTION ? ON-LOT SEPTIC ? ZONING ? MSOD ? SIGN ? OTHER APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVALS: BUILDING PERMIT DENIED: DATE BUILDING PERMIT APPROVED: DATE DATE ISSUED DATE EXPIRES BUILDING PERMIT FEE $_ X14 SEWER INSPECTION FEE $ SIGN PERMIT FEE $ PLAN REVIEW FEE $130.00 FACT 57 FEE $ ?UCC FEE $ 2.00 ZONING PERMIT FEE $35.00 DATE RETURNED INITIALS PERMIT # RECEIPT # RECEIPT # RECEIPT # RECEIPT # RECEIPT # RECEIPT # RECEIPT # ti as ?r I?III_ I 01511 K rUAF-20 r4 l urea ?f ?ri????•k?lr?,i ?" t yew . =?tn?tttitii; ?kill UAF-250 Flat- Top with Spear! 54" Modified Pickets Now -q Available In Y4AII Styles , CSI r i r 1 C1. r a. ? J gg f> C? C c u r N ? T r- _ i r ? S r_ z s V` r V ? r ? m C L- 4- V, S , } ,s 1 - _ ! ail bb( Wii? I yA ta' v " 1 17 t-H b24If ' PEUEF k -75 04- a, - -- - -' t l i -- i 5ET96CIC r i n , ri, : t ? ZS? 7;4a "k' wAr.T Main Drain Instructions IMPORTANT SAFETY INSTRUCTIONS READ AND FOLLOW ALL INSTRUCTIONS SAVE THESE INSTRUCTIONS ®WARNING IMPROPER INSTALLATION OR USE OF THIS PRODUCT MAY PRESENT A RISK OF HAIR OR BODY ENTRAPMENT AND DROWNING. Install this equipment in accordance with the instructions provided. Use only with the components and mounting hardware provided. FAILURE TO FOLLOW THESE INSTRUCTIONS AND/OR USE WITH COMPONENTS NOT PROVIDED BY PENTAIR POOL PRODUCTS AND INTENDED TO BE USED WITH THIS PRODUCT MAY RESULT IN IMPROPER POSITIONING OR FUNCTIONING OF DRAIN COVER AND MAY CAUSE SEVERE PERSONAL INJURY OR DEATH. I AWARNING Use these fittings only with a pumping system rated for the corresponding flow or less for 2 inch plumbing on Chart 1. FAILURE TO DO SO CAN RESULT IN HAIR OR BODY ENTRAPMENT WHICH CAN CAUSE SEVERE PERSONAL INJURY OR DEATH. If in doubt about the rating of your system, consult a qualified pool or spa professional or call Pentair Pool Products at (800) 831-7133. 1. The suction outlet to a swimming pool pump pulls a high vacuum. If pump is used with only one suction pipe, anyone blocking pump suction with hair or body will be trapped and held against the suction fitting. _ ____D.isemboxtchrient or-dmwt<' g can result_To_prevent en?pmentiinstall at least two suction (outlet) fittings in pool. Separate these outlets by either of the following procedures. A. Locate the outlets at least three (3) feet apart. B. Locate the outlets in two different planes, (for example, one on the bottom and one on a vertical side wall, or on two separate vertical side walls). Use multiple suction sources to reduce risk of entrapment. Failure to maintain fittings and covers can lead to severe injury or death. Use of fittings when covers are broken, loose or missing can lead to severe injury or death. If using 11/a in. plumbing, use the included thread reducer that comes with the sump. Consult your local building dept for codes or ordinances that may apply. III. Installation layouts A. See Figure i for installation layout with sump. B. See Figure 2 for installation layout without sump. Ill. For additional information on proper drain installation refer to National Spa and Pool Institute Standards ANSIINSPI 1 through 6 and the US Consumer Product Safety Commission Guidelines for Entrapment Hazard Pub. No. 363-009801. SUMP INSTALLATION /// A ,EX PLATE POOL FLOOR RING v Q SUMP o • r PLytnJ G SI10NM I-1rCYNTH RFDl1CER - .Q YYD110 STATIC 1 ASLEF VAM Figure INSTALLATION WITHOUT SUMP Figure 2. AWARN IiG Never use a pool or spa that has a missing or broken drain cover. USING A POOL OR SPA WITH A MISSING OR BROKEN DRAIN COVER CAN RESULT IN HAIR OR BODY ENTRAPMENT WHICH CAN CAUSE SEVERE BODILY INJURY OR DEATH. Pentair Pool Products 1620 Hawkins Ave., Sanford, NC 27330 • (919) 774-4151 P/N 99202500 Pool Products" 10951 West Los Angeles Ave., CA 93021- (805) 523-2400 Rev. C 430-01 Baca- Wbbikrmatetsm= Ex",? c APPLICATION FOR ZONING PERMIT Camp HM Borough 2145 Walnut St. Camp Hill, PA 17011 (717)737-3456 www.camphill-pa.or? PART I ec• 5.0 SITE DESCRIPTION email:camphillcodes®comcast.net Work Site Location 33 4 N. Z ?O'" S7z2?-T Tax Map # 01- Property Owner t3 R-1 Q ? Signature Of Property Owaer (REQUIRE) Phone,17 - 76 1 - 5'6 7- Z DATE ng jftk0 5- PART II P,UELLSE OF APPPLCATION ,p' To erect or alter a binding, structure, or portion thereof (New Constnietion) ? To use or change the use of a building or land ? To change or extend a non conforming use Describe the use of the struct=c indicated above 1301e,D It 'j- SW lMr? I MC,? SP-4 w/ 821cIC 1'"M B!±n- o5 N 1345E PART M APPLICANT INFORMATION (If different than owner) Name ofbusiness or person A Q uA V i S J on) 5 s to C Address 31 C-40% P bfLLs;(3uaC, P 17 01 Applicant Signature 2E5 . DATE 9 Contact Information mArrWjmj W5 Phone 717 - N 37- - O8 2-) c&tL 71-7 - q Y3 - 31 z S Comments:: oS 0 9 2005 B Y....a----------- APPLICATION #__ ___ APPENDED TO BUILDING PERMIT *14--%? PA UNIFORM CONSTRUCTION CODE CONSTRUCTION PERMIT (Pa Act 45 / 1999) Permit # 20-2005 SITE: Site Address: 336 N. 26th Street Tax Parcel # 01-20-1852-248 Camp Hill Borough, Cumberland County, PA Owner: Bob and Christine Myers Phone # Fax # Mailing Address: Same TYPE OF IMPROVEMENT: Ef New Construction ? Addition ? Alteration ? Repair ? Demolition ? Relocation ? Foundation Only ? Change of Use ? Other Describe the proposed work in detail: Pool and Spa PROPOSED USE GROUP(S) (Check all that apply) ? A-1 ? A-2 ? A-3 ? A-4 ? A-5 ? B ? E0 F-1 ? F-2 ? H-1 ? H-2 ? H-3 ? H-4 ? 1-1 ? 1-2 ? I-3 ? I-4 ? M0 R-1 ? R-2 R R-3 ? R-4 ? S-1 ? S-2 ? U0 Mixed Uses Description of the proposed use of the building or portion: Residence RESIDENTIAL: R USE GROUPS: Number of Units, Suites or Rooms Number of Dwelling Units: 1 BUILDING TYPE OF CONSTRUCTION CLASSIFICATION: ? 1-A ? 1-B ? 2-A ? 2-B ? 3-A ? 3-B ? 4 ? 5-A tl? 5-B BUILDING HEIGHT: Height Above Grade: Feet Number Of Stories Above Grade: 2 Number Of Stories Below Grade: BUILDING AREA: Proposed Building Area (Square Feet) Total Building Area (Square Feet) Applicant: Aquavisions, Inc. Phone # 432-0820 Fax # 432-0820 Mailing Address: 131 Campground Road Dillsburg, Pa. 17019 APPROVALS : Not reviewed for compliance with ordinances or regulations other than the Uniform Construction Code. Additional approval(s) maybe necessary prior to construction. Permit is not valid until all applicable approvals are granted and fees are paid to the Borough. Prior to validation, applicant must provide certificate of worker's compensation insurance to the Borough as required by PA Act 44 of 1993. Notice to property owners abutting a PA State roadway: A Highway Occupancy permit is required pursuant to section 420 of the act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law" before driveway access to a State highway is permitted. DENIED: DATE: DATE RETURNED: _ APPROVED: BCO / Code Administrator: Robert E. Hollabaugh R01042 Name Department of L & I Number signature DATE ISSUED: 04/07/05 DATE EXPIRES: Existing Building Area (Square Feet) Area of the Largest Floor (Square Feet) GAChbo\0502\020\UCC - Buildnig Permit.doc REQUIRED INSPECTIONS (FOR BOROUGH USE ONLY) Address: Permit # Required Type Date Inspector Passed (check) ? Footing #1 ? ? Footing #2 ? ? Footing #3 ? ? Footing #4 D ? Soil Test ? ? Building Sewer #1 ? ? Building Sewer #2 ? ? Building Sewer #3 ? ? Foundation Setback ? ? Foundation Setback ? ? Framing-R/I #1 ? ? Framing-R/I #2 ? ? Framing-R/I #3 ? ? Framing-R/I #4 ? ? Framing-RA #5 ? ? Elevation Certificate ? Site Inspection by ? Borough Engineer ? ? Sprinkler Hydrostatic ? ? Sprinkler Main Drain ? D Sprinkler Flow ? D Copy of L&I C/O ? D Final # 1 ? ? Final #2 D ? Final #3 ? ? Final #4 ? ? Temporary C/O ? ? Date Issued ? ? Date Expires ? Certificate of ? Occupancy ? Notify Sewer Billing ? Clerk ? . -FIL '?i3...,').,z:n 2L?G9 L? 17 Ppf 51 ' 9 x.66 P L -6, ck k / ?y7 THOMAS A. BECKLEY, MARY S. IN THE COURT OF COMMON PLEAS FOR BECKLEY, MILTON A. FRIEDLANDER THE COUNTY OF CUMBERLAND, and AMY S. FRIEDLANDER, PENNSYLVANIA Plaintiffs, CIVIL ACTION - EQUITY V. ROBERT L. MYERS and CHRISTINE T MYERS, Defendants No.094M"4&-- ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf Robert L. Myers and Christine T. Myers, Defendants in the above-referenced matter. Dated: December , 2009 SL I 969406v 1 /066540.00014 STEVENS & LEE Ronald M. Lucas, Esq., Attorney ID No. 18343 Charles M. Suhr, Esq., Attorney ID No. 72923 Ambrose W. Heinz, Esq., Attorney ID No. 91020 17 North Second Street, 16th Floor Harrisburg PA 17101 717-255-7352 Attorneys for Defendants, Robert L Myers and Christine T. Myers 1 CERTIFICATE OF SERVICE I, RONALD M. LUCAS, ESQUIRE, certify that on this date, I served a true and correct copy of the foregoing Entry of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Charles O. Beckley, II, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Date: December a, 2009 SL 1 969406v1/066540.00014 ft +? 11 k R L'1 f1???,r z THE Ga' 1 210 0 E'- : 3 o e f'D ?;c._.. ,?'; i;. THOMAS A. BECKLEY, MARY S. BECKLEY, MILTON A. FRIEDLANDER and AMY S. FRIEDLANDER, Plaintiffs V. ROBERT L. MYERS and CHRISTINE T MYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY NO. 09-8696 ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned matter on behalf of Robert L. Myers and Christine T. Myers and certify that I am authorized to do so. Dated: December ? 2009 12" Ronald M. Lucas, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 CERTIFICATE OF SERVICE I, Charles O. Beckley, II, hereby certify that a copy of the foregoing document was served this day upon the persons and in the manner indicated below: SERVICE BY REGULAR MAIL: Ronald M. Lucas, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 DATED: December 29, 2009 I - tl;4. arles O. Beckley, II i EC,";ti'F CE M9 DEC 30 Poi d : 2 T THOMAS A. BECKLEY, MARY S. BECKLEY, MILTON A. FRIEDLANDER : and AMY S. FRIEDLANDER, Plaintiffs, V. IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - EQUITY ROBERT L. MYERS and CHRISTINE T. No. 09-8696 MYERS, Defendants. NOTICE TO PLEAD TO: Thomas A. Beckley, Mary S. Beckley, Milton A. Friedlander and Amy S. Friedlander c/o Charles O. Beckley, II, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 You are hereby notified to file a written response to the attached New Matter within twenty (20) days from service hereof or a judgment may be entered against you. STEVENS & LEE Date: November 8, 2010 ?_.. , 2 Ron I Lucas, Esq., Attorney ID No. 18343. Charles M. Suhr, Esq., Attorney ID No, 72923 Ambrose W. Heinz, Esq.; Attorney ID No. 91020 17 North Second Street, 16th Floor Harrisburg: PA 17101 717-255-7352 SL 1 1033191 v 1/066540.00014 THOMAS A. BECKLEY, MARY S. BECKLEY, MILTON A. FRIEDLANDER and AMY S. FRIEDLANDER, Plaintiffs, V. ROBERT L. MYERS and CHRISTINE T MYERS, IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - EQUITY No. 09-8696 Defendants. : ANSWER WITH NEW MATTER AND NOW, come the Defendants, Robert L. Myers and Christine T. Myers3l)y and through their attorneys, Stevens & Lee, and file the within Answer With New Matter, and 1n' support thereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The averments of paragraph 4 constitute conclusions of law to which no response is required. To the extent a response is required, it is specifically denied that any zoning violations currently exist on the Myers' property and strict proof is demanded at trial. Further, Plaintiff's have not pled any facts supporting the legal conclusion that Plaintiffs or their property are "substantially affected" by the alleged zoning violations. As such, Plaintiffs lack standing to pursue an enforcement action pursuant to Section 617 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617. 5. Denied. The averments of paragraph 5 constitute conclusions of law to which no response is required. To the extent a response is required, it is admitted only that the Myers' property is located in Cumberland County. It specifically denied that there are any zoning violations on the property, and strict proof thereof is demanded at trial. 1 SL I 1033191 v 1/066 540:00014 6. Admitted upon information and belief. 7. Admitted upon information and belief. 8. Admitted upon information and belief. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted in part, denied in part. It is admitted that the older of the two accessory buildings located on the property was previously used as vehicle garage. It is denied, however, that the building was converted in 2005 to a "pool shelter," as that term is used in the Camp Hill' Borough Zoning Ordinance. Rather, in December of 2004, the Borough issued a zoning permit allowing conversion of the accessory building into a pool house. 15. Denied as stated. While the rear of the existing accessory structure does face Plaintiff Beckley's property and is located less 10 feet from the Myers' property rear lot line, it is denied that this accessory structure is a "pool shelter." 16. Denied as stated. It is denied that the accessory structure is a "pool shelter." Defendants did install a concrete pad behind the existing structure upon which they have placed heating and/or filtration equipment for their swimming pool. 17. Denied. It is specifically denied that the concrete equipment pad is within 3 feet of the Defendants' rear lot line and strict proof is demanded at trial. 18. Admitted in part, denied in part. It is admitted only that the pool equipment is uncovered. The remaining averments of paragraph 18 are specifically denied and strict proof is demanded at trial. 2 SL I 1033191v]/066540.00014 19. Denied. It is denied that that Defendant's have erected a "masonry wall". To the contrary, the Defendants have erected a fence around their pool as required by law. Upon information and belief, Defendants received a permit to erect this structure and have a vested right in the permit as issued. 20. Admitted upon information and belief. 21. Admitted. 22. Denied. The Building Permit Application is a document in writing which speaks for itself. By way of further response, the application shows a 3 foot x 8 foot concrete pad which is clearly labeled as an equipment pad upon which the pool and spa equipment was to be placed. Plaintiffs can point to no Ordinance provision requiring that the location. of individual pieces of equipment be shown on the pad. Moreover, Plaintiffs' characterization of the accessory structure as a "pool shelter" is inaccurate. 23. Denied. The accessory building is not a "pool shelter" as that term is used in the Zoning Ordinance and the Defendants object to its characterization as such. Moreover, the Building Permit Application is a document in writing which speaks for itself. Furthermore, on or about December 8, 2004, the Borough issued Defendants a zoning a building permit to make alterations to the existing accessory structure and to convert its use from a garage to a pool house. itself. itself. 24. Admitted. 25. Denied. The Zoning Permit Application is a document in writing which speaks for 26. Denied. The Zoning Permit Application is a document. in writing which speaks for 27. Admitted. 28. Admitted. 29. Admitted. 3 SL1 1033191 v 11066540.00014 30. Denied as stated. The Defendants constructed an in-ground swimming pool and spa, and made alterations to the existing accessory building on the property. Defendants also placed pool equipment on a concrete pad behind the existing accessory structure. However, the existing accessory building was not converted into a "pool shelter" as that term is use in the Borough Zoning Ordinance, and Defendants object to its characterization as such. 31. Denied. The averments of paragraph 31 are conclusions of law to which no response is required. By way of further response, there are no existing Borough Zoning Ordinance violations on the Defendants' Property. (a) Denied. The averments of paragraph 31(a) are conclusions of law to which no response is required. To the extent a response is required, it is denied that the concrete pad is within the required setback and strict proof is required at trial. (b) Denied. The averments of paragraph 31(b) are conclusions of law to which no response is required. To the extent a response is required, it is denied that the alleged "wall" violates the Zoning Ordinance. Upon information and belief, the Borough issued a permit for this structure. (c) Denied. The averments of paragraph 31(c) are conclusions of law to which no response is required.' To the extent a response is required, the accessory structure in question pre-dated the Defendants' ownership of the property and was not erected by them. The structure also does not qualify as a "pool shelter". The term "pool deck or shelter" is not defined by the Zoning Ordinance, but the language of § 200-31(14)(b) clearly contemplates such as an area surrounding or providing structure for the pool itself, not an accessory building used in conjunction with a pool. To the extent the intended meaning of "pool deck or shelter is unclear, it must be interpreted in favor of the Defendant landowners, pursuant to Section 603.1 of the MPC, 53 P.S. § 10603. 1, and the common law of Pennsylvania. (d) Denied. The averments of paragraph 31(d) are conclusions of law to whichno response is required. To the extent a response is required, the Borough issued a zoning permit allowing for alterations to the accessory building and its conversion to a "Pool House" on or about December 8, 2004. 4 SL I 1033191 v 11066540.00014 (,e) Denied. The averments of paragraph 31(d) are conclusions of law to which no response is required. To the extent a response is required, the Borough issued a building permit to construct a two car garage and driveway in or about 2002, and reissued said permit in or about 2003. (f) Denied. The averments of paragraph 31 are conclusions of law to which no response is required. (g) Denied. The averments of paragraph 31 are conclusions of law to which no response is required. To the extent a response is required, it is specifically denied that the accessory buildings on Defendants' property exceed 1000 s.f. and strict proof is demanded at trial. By way of further response, upon information and belief the Borough Zoning Officer was satisfied that the. Defendants' improvements, shown in detailed plans, complied with all of the requirements of the Zoning Ordinance. (h) Denied. The averments of paragraph 31(h) are conclusions of law to which no response. is required. It is specifically denied that Defendants omitted relevant information from any zoning or building permit application submitted to the Borough. To the contrary, the permit applications submitted were true, accurate and complete to the best of Defendants' knowledge, information and belief. Furthermore, Defendants acted in good faith reliance on the permits issued by the Borough in constructing their pool, spa, and accessory structures. (i) Denied. The averments of paragraph 31(i) are conclusions of law to which no response is required. It is specifically denied that any of the pool equipment exceeds maximum permissible sound levels and strict proof is demanded at trial. 0) Denied. The averments of paragraph 310) are conclusions of law to which no response is required. It is specifically denied that more than 30 percent of Defendants' lot is covered by "buildings" and strict proof is demanded at trial. (k) Denied. The averments of paragraph 31(k) are conclusions of law to which no response is required. It is specifically denied that more than 50 percent of Defendants lot is covered by impervious surfaces and strict proof is demanded at trial. 5 S L 1 1033191 v 1 /066540.00014 (1) Denied. The averments of paragraph 31(1) are conclusions of law to which no response is required. It is specifically denied that Defendants are storing "junk within the rear setback area or otherwise violating the setback requirements, and strict proof is demanded at trial. 32. Denied. The averments of paragraph 32 are conclusions of law to which no response is required. By way of further response, Defendants have not pled any facts supporting the legal conclusion that the alleged zoning violations affect the use or enjoyment of their property. 33. Denied as stated. The averments of paragraph 33 are denied insofar as they imply that any zoning violations exist on Defendants' property needing to be remedied. 34. Denied. The averments of paragraph 34 are conclusions of law to which no response is required. It is specifically denied that any zoning violations exist on Defendants' property. 35. Denied. The averments of paragraph 35 are conclusions of law to which no response is required. 36. Admitted upon information and belief. WHEREFORE, Defendants, Robert L. Myers and Christine T. Myers respectfully request judgment in their favor and against the Plaintiffs, together with costs and such other and further relief as this Court deems appropriate. NEW MATTER 37. Defendants incorporate by reference their responsive averments as their first affirmative defense. 38. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 6 SL I 1033191v 1/066540:00014 39. Plaintiffs lack standing to bring a private enforcement action under 53 P.S. § 10617, as they have not pled facts sufficient to show that their person or property is substantially affected by the alleged violations, which is an element of the cause of action under Section 617 of the MPC. Geswindt v. Wagner, 1 A.3d 970, 973 (Pa. Cmwlth. 2010). Specifically, Plaintiffs failed to pled facts showing how the alleged setback, impervious coverage, lot coverage, noise level and permitting violations have any affect on their person or property other than bald assertions. 40. Plaintiffs' Complaint is barred by laches, waiver and/or estoppel. 41. In the alternative, Defendants have a vested right to continue to use and maintain the structures on their property. 42. Defendants exercised due diligence and good faith in seeking all appropriate permits from the Borough to construct the pool, spa and related structures on their property. 43. Defendants expended substantial unrecoverable sums of money in good faith reliance on the permits issued by the Borough. 44. The appeal period applicable to the issuance of the building permit for the pool and related structures has long since expired. 45. There has been no injury to the public interest in the construction of the buildings and other structures on Defendants property. 7 SL I 1033191 v 1/066540.00014 WHEREFORE, Defendants, Robert L. Myers and Christine T. Myers respectfully request judgment in their favor and against the Plaintiffs, together with costs and such other and further relief as this Court deems appropriate. STEVENS & LEE 1<7 Dated: November 8, 2010 Ronald M. Lucas, Esq., Attorney ID No. 18343 Charles M. Suhr, Esq., Attorney ID No. 72923 Ambrose W. Heinz, Esq., Attorney ID No. 91020 17 North Second Street, 16th Floor Harrisburg PA 17101 717-255-7352 Attorneys for Defendants, Robert L Myers and Christine T. Myers SLl 1033191 v 1/066540.00014 Dyers & Myers Properties 717-763..4936 p.2 VEMICATION I, Christine T. Myers, Defendant herein, verify that the attached Answer with New Matter is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I ?xnderstand that the statements herein are made subj ect to the penalties of iS Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I -\9 y7I- ?- Christine T. Myers Date: Q N ?? 4 Error! Unknown document properly name. CERTIFICATE OF SERVICE I, RONALD M. LUCAS, ESQUIRE, certify that on this date, I served a true and correct copy of the foregoing Answer With New Matter upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Charles O. Beckley, II, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Date: November 8, 2010 SLl 1033191v 1/066540.00014 Charles O. Beckley, II, Esquire =UF THE PRO THp r T-A Attorney No. 47564 BECKLEY& MADDEN 2013 OCT 23 Pii I: 214 212 North Third Street P.O. Box 11998 CUMBERLAND CUMBERLAND COUNT 1/ PENNSYLVANIA Harrisburg, PA 17108-1998 (717)233-7691 THOMAS A. BECKLEY, MARY S. BECKLEY, : IN THE COURT OF COMMON PLEAS MILTON A. FRIEDLANDER and AMY S. : OF CUMBERLAND COUNTY, FRIEDLANDER, : PENNSYLVANIA Plaintiffs • v. : CIVIL ACTION - EQUITY • ROBERT L. MYERS and CHRISTINE T. MYERS, : NO. 09-8696 Civil Term Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiffs intend to proceed with the above-captioned matter. Dated: October 22, 2013 Respectfully ubmitted, Of Counsel AO BECKLEY & MADDEN • arles O. Beck -,<I, se uire 212 North Third Street Attorney No. 47564 P.O. Box 11998 Harrisburg, PA 17108-1998 Attorney for Plaintiffs (717)233-7691 1 i CERTIFICATE OF SERVICE I, Charles O. Beckley, II, hereby certify that a copy of the foregoing document was served this day upon the persons and in the manner indicated below: SERVICE BY REGULAR MAIL: Ronald M. Lucas, Esquire Charles M. Suhr, Esquire Ambrose W. Heinz, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 i DATED: October 22, 2013 r Charles O. Beckley,