HomeMy WebLinkAbout11-7291SLED-OF ICL
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PETER J. MATHEWS
PiiikWEP 21 AM 11: 37
CUMBERLAND COU1? 1 `'
V. PENNSYLVANIA
ORIGINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GNANACHANDRA M. CHINNIAH : No. 2011- '7o?q? ?I???C ?/yJ
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally, or by attorney, and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you, and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
34 South Bedford St.
Carlisle, PA
717-249-3166
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PETER J. MATHEWS,
Plaintiff
V.
GNANACHANDRA M. CHINNIAH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2010- 1,)-91 e
COMPLAINT
AND NOW COMES Plaintiff, Peter J. Mathews, by and through his attorneys, Hill, Hill
& Schappell and hereby files this Complaint pursuant to 42 Pa.C.S. §8351 and in support
thereof, states as follows:
1. Plaintiff is Peter J. Mathews, a sui juris individual, whose address is 449 West
Main Street, Annville, Lebanon County, Pennsylvania.
2. Defendant is Gnanachandra M. Chinniah, a sui juris individual, whose address
is 506 Erford Road, Camp Hill, PA 17011.
3. Defendant purchased Lot 168 ("the Lot") of the Hampden Hearth Subdivision
at tax sale in December 2003.
4. In April 2005, Defendant filed a Petition seeking appointment of a Board of
View to determine whether necessity existed for the laying out of a private road to access the
Lot.
5. A Board of View was empanelled and a hearing held following which briefs
were filed.
6. On September 26, 2008, the Board of View issued its report denying
Defendant's request.
7. Note number 20 on the recorded and approved subdivision plan required the
Lot be annexed to Lot 12 on said plan.
8. Defendant, a licensed professional engineer, never reviewed the subdivision
plan prior to purchasing Lot 168.
16
9. Defendant, despite being advised by Hampden Township solicitor that the
township would oppose development of the Lot, petitioned for a Board of View.
10. Defendant was advised he would not be granted a building permit or
construction permit to develop the Lot.
11. The Lot does not have the required 90 foot frontage to comply with Land
Development and Zoning Ordinances for Hampden Township.
12. . The Lot lies within the 100-year flood plain.
13. Despite multiple circumstances, conditions and information of record that
would prohibit Defendant from developing the Lot, he petitioned the Court of Common
Please for a Board of View.
14. Plaintiff incurred attorney's fees defending the frivolous proceeding initiated
and maintained by Defendant.
15. Defendant acted in a grossly negligent manner and without probable cause
initiating and maintaining an action despite the overwhelming information of record and
indications of governmental units that the Lot could not be developed.
WHEREFORE Plaintiff respectfully requests this Honorable Court order judgment
against Defendant in an amount less than $50,000.00, the costs of this action and any other
award the court deems just.
la Wd'hippell, Esquire
Attorney I.D. #83524
411 Cumberland St., Suite 2
Lebanon, PA 17042
(717)273-3405
Attorney for Plaintiff
. . w
VERIFICATION
I, PETER MATTHEWS, verify that the statements made in the foregoing
COMPLAINT are true and correct. I understand that false statements therein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to
authorities.
Date: 2 Z y ZJ/
;/Al
PETERMATTHEWS
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
" sal CRIOrPf,?rd
201 1 OC I -7 PM 1,: I ";
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Peter J. Mathews Case Number
vs. 2011-7291
Gnanachandra M. Chinnah
SHERIFF'S RETURN OF SERVICE
10/05/2011 08:35 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 5,
2011 at 0835 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Gnanachandra M. Chinnah. After several attempts the occupants of 506
Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 will not answer the door and identify
themselves as Gnanachandra M. Chinnah.
SHERIFF COST: $88.44
October 05, 2011
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SO ANSWERS,
4"
RON R ANDERSON, SHERIFF
icj CClultySlme She'a'f. TE'?fG50'l. i...,.
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PETER J. MATHEWS
Plaintiff
V.
GNANACHANDRA M. CHINNIAH,
Defendant
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
NO. 2011-7291 CIVIL TERM
IN RE: PETITION FOR ALTERMATIVE SERVICE
AND NOW, this 23?d day of May 2012, upon consideration of Plaintiffs Petition
for Alternative Service, it is ordered and decreed that service of the Complaint in this
case upon the Defendant, Gnanachandra M.Chinniah, may be made (1) by trst-class
and cel+edd mail at Defendant's known address, 506 Erford Road, Camp Hill, PA
17011; (2) by posting the Complaint on the most public portion of the property located
at 506 Erford Road, Camp Hill, PA 17011; and (3) by publication once in the
Cumberland County Law Journal and once in a newspaper of general circulation in
Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania
Rules of Civil Procedure and Cumberland County Rules of Procedure.
SUBSEQUENT papers may be served by first-class mail to Defendant at the
aforesaid Erford Road address, with service to be deemed complete upon mailing.
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Thomas . lacey, C.P.J. r-<.. ?..?
Distribution: _
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VMark T. Schappell, Esq.
411 Cumberland Street
Lebanon, PA 17042
Attorney for Plaintiff
V Gnanachandra M. Chinniah
506 Erford Road
Camp Hill, PA 17011
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