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HomeMy WebLinkAbout12-5265 _ i r JOSEPH M. OLSHEFSKI and IN THE COURT OF COMMON PLEAS PATRICIA A. OLSHEFSKI CUMBERLAND COUNTY, PENNSYLVAN A Plaintiffs /a~ - 5o2(o.s e i vi I / P,.~l'l~t v. CIVIL ACTION ~ w~., ~+F { CLAYTON S. MCALLISTER and ~ r-~- ALEXIS S. MCALLISTER w ~c ca Defendants ~ ~ ~ ±*a ~ r NOTICE TO DEFEND ~ 'k~ '1w YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims et forth in the following pages, you must take action within twenty (20) days after this Compl int and Notice are served, by entering a written appearance personally or by attorney and filin in writing with the Court your defenses or objections to the claims set forth against you. You e warned that if you fail to do so the case may proceed without you and a judgment may be ente ed against you by the Court without further notice for any money claimed in the Complaint or or any other claim or relief requested by the Plaintiff. You may lose money or property or of er rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU O NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG L SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 717-249-3166 ~103.~5 P C~ sroa(o a 717 ~ i r, ~ i JOSEPH M. OLSHEFSKI and IN THE COURT OF COMMON PLEAS PATRICIA A. OLSHEFSKI CUMBERLAND COUNTY, PENNSYLVAN A Plaintiffs v. CIVIL ACTION CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER Defendants COMPLAINT TO ENFORCE DECLARATION OF RESTRICTIVE COVENANTS AND NOW, come Plaintiffs, Joseph M. and Patricia A. Olshefski, and file the within Complaint and aver in support thereof as follows: 1. Plaintiffs are Joseph M. Olshefski and Patricia A. Olshefski (Olshefski) who are adult individuals and are the owners of 305 East Meadow Drive, Mechanicsburg, PA. 2. Defendants, Clayton S. McAllister and Alexis S. McAllister (McAllister) are adult individuals who reside at 307 E. Meadow Drive, Mechanicsburg, PA. 3. On July 2, 1987, Olshefski purchased 307 E. Meadow Drive, Mechanicsburg, PA, which is known as lot 16, on Phase I -Final Subdivision Plan of Meadow View Estates, said plan being recorded in the Cumberland County Recorder of Deeds Office in plan book 52, pag 116, and re-recorded in plan book 53, page 10. 4. On July 2, 1987, Olshefski purchased 305 E. Meadow Drive, Mechanicsburg, PA, which is known as lot 15, on Phase I -Final Subdivision Plan of Meadow View Estates, said plan being recorded in the Cumberland County Recorder of Deeds Office in plan book 52, pag 116, and re-recorded in plan book 53, page 10. 5. Both lots were subject to a Declaration of Restrictive Covenants, dated May 1, _ _ _ i ~ • I I 1987, recorded in the Cumberland County Recorder of Deeds Office in miscellaneous book 33 page 815, (Covenants) a true and correct copy of which is attached hereto and incorporated herein and marked as Exhibit A. 6. Olshefski built a single family dwelling containing a three caz attached garage on lot 16. 7. By Deed dated March 24, 2011, Olshefski conveyed lot 16 to McAllister. The conveyance was subject to the Covenants which were specifically referenced in the deed to McAllister 8. The lot, which Olshefskis' currently own, lot 15, is an unimproved lot. 9. In June of 2012 Olshefski became awaze that a detached structure containing a two-car garage was being constructed by McAllister on lot 16 in violation of the Covenants. 10. The covenants state: • "No auxiliary buildings or detached garages shall be permitted. All garages will be private gazages for not more than three (3) cars." (Covenants, paragraph ) • "No building shall be located nearer than fourteen (14) feet to an interior lot line". (Covenants, paragraph 4) 11. The detached structure violates the Covenants. 12. The structure is located nearer than fourteen (14) feet to the interior lot line of lot 15. 13. The structure is detached and contains two gazage bays, and with the construction of the two additional bays lot 16 now has five (5) garage bays. 14. Paragraph 19 of the Covenants indicate that violation of any of the restrictions may be redressed by the owner of any lot of said sub-division plan, by action in equity for injunctive relief or such other remedy allowed by law. 15. The character of the neighborhood has not changed to negate the usefulness of the Covenants. 16. The enforcement of the Covenants remain a substantial value to Olshefski. 17. The original purpose and intent of the Covenants have not been materially altered or destroyed by changed conditions. 18. Olshefski brought the offending structure and violations to McAllister's attention d requested that they remedy the violation of the Covenants. _ _ _ i 19. To date McAllister has not remedied the violations and provided no assurances tha~ they intend to comply with the Covenants. 20. Olshefski seeks an injunction forcing McAllister to comply with the Covenants and to dismantle or move the structure so as to be in compliance with the Covenants and prohibiting them from further construction. WHEREFORE, Plaintiffs, Joseph M. Olshefski and Patricia A. Olshefski request that e Court enter an Order enforcing the Covenants and forcing Clayton S. McAllister and Alexis S McAllister to dismantle or move the offending structure so as to be in compliance with the Covenants, prohibit further construction and award such other relief as the Court may deem appropriate. Respectfully Submitted, ohn A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 730-9789 #41532 Attorney for Plaintiffs Joseph M. Olshefski and Patricia M. Olshefski i j. , ~ ~ ~ ~ ~XEiYBIT A yU ~ ~Ar~i ~ ~ r, ~,i - DECLARATION OF RESTRICTIVE C0ITSNANTS JOHN M. KNAUB and JANET D. KNAUB, his• wife, being the owners of a tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described in the deed between Merle L. Stambaugh, Exequtor of the Estate and under the Last Wi11 and Testament of Mary G. Stambaugh, et al., and John M. Knaub and Janet D. Knaub, his wife, dated December 12, 1986, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book "J", Volume 32, Page 256, said tract also being known as Meadowv~iew Estates, Phase I Final Subdivision Plan, said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 52, Page 1I6, do as owners of aforesaid tract hereby establish the following restrictive covenants relating to the improvement and use of any and alI lots now owned or hereafter created in said tract of land, as indi-. cated below, and hereby covenant and agree that all lots owned and conveyed by them will be conveyed under and subject to these restrictive covenants and shall bind the grantees of said lots, their heirs, successors and assigns, as covenants running with the land, as follows: 1. GENERAL PURPOSE The purpose of these covenants, reservations, easements and restrictions is to promote the sound development of the subject groperty as residential real estate. ~ . ; _ ~ • a 1.. 1 ~1 .:U 7,: r ~ 7 "1 f ~ • :7 gook 33 8t5 ~ ~ ~ ~4 Misc. 3, p. i:i i r i 2. PROTECTED AREA i These covenants shall apply to the following lots in the Phase I Final Subdivision Plan for Meadowview Estates: Lot Nos. 1, 2, 3, 4, 5, 6, 13, 14, 15, 16, 17, 18, 32, 33; 48, 49, 64, 65, 71, 72, ?3, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87,-88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102 and 103, 3. LAND USE AND BUILDING TYPE All lots as indicated in Paragraph 2 hereinabove on said subdivision plan shall be used solely for single-family residential purposes. Not more than one (1) single-family dwelling house exceeding two and one-half stories in height shall be constructed on each lot. No auxiliary buildings or detached garages shall be permitted. All garages will be private garages for not more than three (3) cars. Notwithstanding the provisions of this paragraph, a private swimming pool with attached dressing (bath) equipment building shall be permitted provided that (a)"the architecture of said building shall be compatible with the dwelling house, and (b) the pool and building shall be approved by the Architectural Control Committee pursuant to Paragraph 11. • A dwelling house shall have not less than 1,800 square feet of interior living area, excluding garage and basement area, and' shall have a construction cost value of not less than 2 i I l t $100,000.00 based upon construction costs as of May 1, 1.987, adjusted to reflect future changes based upon appropriate cost index figures applicable to the greater Harrisburg, Pennsylvania, market area. ~4. BUILDING LOCATION No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plan. In any event, no building shall be located on any lot nearer than twenty-five (25) feet to the front lot line, or as shown on the plan, or nearer than twenty-five (25) feet to any side street line when corner lot fronts on other streets. No building shall be located nearer than fourteen (14) feet to an interior lot line. For the purpose of this covenant, eaves, porches (whether or not enclosed), steps and patios shall be considered as a part of the building. This covenant shall not apply to retaining walls. 5. DRIVEWAYS AND SIDEWALKS All driveways, driveway aprons and sidewalks shall be constructed of concrete. All sidewalks shall be installed along off-street frontage and shall be 48 inches in width. A11 driveways, driveway aprons and sidewalks must be installed and completed at the time of construction or upon notification of the Architectural Control Committee or Upper Allen Township. 3 i i , , ; 6. NUISANCES No noxious or offensive activity shall be carried on or upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. While not intended to be inclusive, the following activities are specifically deemed to be nuisances per se and in fact and are prohibited absolutely unless prior written approval is obtained from the Architectural Control Committee as provided hereinafter: the use of motorcycles, motorbikes, ail-terrain vehicles, motor- driven cycles, motor-scooters, motorized pedacycles, 3-wheelers, and any like or similar form of motorized propulsion, as well as any motor vehicle, whether or not same is required to be licensed by the Commonwealth of Pennsylvania; the use and maintenance of ramps or any device(s) to facilitate skateboarding and the like; on-lot recreational facilities of any nature or type unless specifically exempted herein. 7. ANIMALS, LIVESTOCK AND POULTRY No animals, livestock or poultry, except domestic family pets housed inside the dwelling house, shall be maintained on any lot. No housing for family pets shall be permitted outside the dwelling house. w+71',Kn•w.a r .a' T~ Y,a. 'ctb rvdr k t . , , " , 8. UTILITIES AND SATELLITE DI5KS All services now or hereafter provided by public utility companies or others, including, but not necessarily being limited to, electricity, telephone, cable television, water and gas, shall be installed underground. Satellite disks or antennas are prohibited. No overhead service facilities shall be permit- ted on any lot. All utility and/or street easements must be approved in writing by the Architectural Control Committee. 9. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, mobile home, recreational vehicle, modular home,~basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. No temporary or mobile facility (including, but not necessarily being limited to, a tent, beat, trailer, mobile home or recreational vehicle) shall be used for habitation on any lot at any time. No recreational vehicle or boat {including, but not necessarily being limited to, a motor home, travel trailer, boat or trailer) shall be stored on any lot which shall be visible to the occupants of any dwelling houses on any other lots. Outside storage of such vehicles and boats is prohibited unless obscured as required above at all times (in all seasons) by natural foliage of trees or by surrounding land terrain. 1,0. SUBDIVISION All lots enumerated in Paragraph 2 hereinabove, on said 5 i subdivision plan shall not be subdivided or otherwise reduced in size. 11. 'ARCHITECTURAL CONTROL COMMITTEE All new construction and any subsequent exterior renovation or addition to improvements on said lots shall be subject to the express prior written approval of the Architec- tural Control Committee, and no construction shall commence prier to obtaining such approval. The Architectural Control Committee shall consist of Jahn M. Knaub, of Mechanicsburg, Pennsylvania, until his resigna- tion, death or d~.sability. Upon the termination of John M. Knaub's participation for any of the foregoing reasons, the Architectural Control Committee shall consist of William A. Knaub, of Mechanicsburg, Pennsylvania. Upon the further termination of William A. Knaub's participation for any of the foregoing reasons, the Architectural Control Committee shall consist of not less than three (3) individuals who shall be selected by the majority vote of all owners of lots enumerated in Paragraph 2 hereinabove, on said subdivision plan (each such lot being entitled tv one (1) vote regardless of the number of owners of said let). The Architectural Control Committee shall have the right to reject any proposed construction or subsequent exterior renovation or addition which is not compatible with the overall development of said subdivision. Said Architectural Control, Committee shall. consider the architectural style, visible 6 s adjoining owners shall not be deemed to be the Architectural Control Committee, but shall have the opportunity to organize such Architectural Control Committee by the election process above. Neither the Architectural Control Committee or its individual members shall be liable in damages for any injury to persons or property arising out of the issuance or denial of any request for approval, or for the failure to regulate in any way. 12. VEHICLE PARKING No lot shall be used at any time for the outdoor parking or storage of (a) any motor vehicle which is inoperable . or which does not bear a current valid state registration plate and state inspection certificate, or (b) any truck having a rated Load capacity of more than one (1)-ton. 13. WATER COURSES AND CHANNELS All existing natural water courses and channels on any lot shall be undisturbed and maintained, and none shall be obstructed ar modified without the express prier written approval of the Board of Commissioners of Upper A11en'Township (or other successor governing body). All lot grading shall be accomplished in a manner so as not to restrict the natural flow of storm water run-off. 14. COMMERCIAL AND PROFESSIONAL ENTERPRISES No store or commercial enterprise shall be maintained or operated in any private residence. Private businesses or S i b professional offices which do not offend the residential char- acter of the neighborhood may be maintained in any private residence if approved in advance by the Architectural Control Committee. 15. SIGNS All signs must comply with applicable rules and regulations of Upper .Allen Township. 16. LOT MAINTENANCE No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other wastes shall not be kept except in sanitary containers. Incinerators, trash burners or fire pits are prohibited. All undeveloped lots shall be main- tained. Grass and weeds shall be properly cut in accordance with applicable township rule and regulation. During and after the home construction and/or improve- ment period, it will be the responsibility of the lot owner and/or their contractor to keep the sidewalks and public streets free of mud and debris: 17. ON-LOT WATER SYSTEM No individual water supply system shall be permitted on any lot unless such system is approved, located, constructed and equipped in accordance with the requirements,~standards and recommendation of Upper Allen Township. 1$. FENCES AND WALLS No fence or wall higher than four and one-half feet. shall be erected, placed or maintained on any lot. Upon approval 9 - _ _ _ _ T A i ! f ~ i, 0 by the Architectural Control Committee, exceptions will be granted for pool and patio areas. 19. ENFORCEMENT ' Violation of any of the foregoing restrictions, covenants and conditions may be redressed by the owner of any lot on said subdivision plan by action in equity for injunctive relief or such other remedy allowed by law. 20. SEVERABILITY Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, all of which shall remain in full force and effect. 21. ADDITIONAL PLANS The owner and developer shall have the right to subdivide additional lots and to make such of the covenants contained herein applicable thereto as they may deem appropriate. This Declaration of Restrictive Covenants shall bind the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the declarants aforesaid have ~ hereunto set their hands and seals this Est day of /7Zay , 1987. ( SEAL ) Jo Knaub „~p.~, csEAL) Ja t D. Knaub 10 ~ I VERIFICATION I, JOSEPH M. OLSHEFSKI, hereby certify and state that the factual allegations in the forego' g Complaint are true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: aa' Jo .Olshefski ~' . , ~= ~tED-4FF1~G ~~ ~'~ PROTki0hl4~AR'~ ~0l2 AUG 2? PM I ~ 19 ~~ ~~.~Na ca~tNZr JOSEPH M. OLSHEFSKI and ~ SYLV.A~N THE COURT OF COMMON PLEAS PATRICIA A. OLSHEFSKI CUMBERLAND COUNTY, PENNSYLV Plaintiffs 12-5265 Civil Term v. CIVIL ACTION CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER Defendants . ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Clayton S. McAllister and Alexis S. McAllister and certify that I am authorized to do so. DATE: S • Z3 • / ~. Mark C. Duffle Johnson, Duffle, Ste ,Weidner, P.C. 301 Market Street Lemoyne, PA 17043-0109 Attorney for Clayton S. McAllister and Alexis S. McAllister Johnson, Duffie, Stewart 8~ Weidner By: Mark C. Duffie I . D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com JOSEPH M. OLSHEFSKI and PATRICIA A. OLSHEFSKI, Plaintiffs v. CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER, Defendants ~' N /,-' C.1 .~~ N +i rr, t'z'' Q T7 Attorneys for Defendants ~. ~~ _.~ ~ , d r (-' (';`, r --+ ra ~ Y ay ..~7 '~,•~ cam-. A ~ ~ ~- ~~ ~~ .-_ -.~ l ~ 4.,~ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-5265 CIVIL TERM CIVIL ACTION PETITION FOR ASTATUS/SETTLEMENT CONFERENCE AND NOW, come the Defendants, CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER, by and through their counsel, Johnson, Duffle, Stewart & Weidner, and files this Petition for aStatus/Settlement Conference, and in support thereof avers as follows: 1. Plaintiffs initiated this action pursuant to a Complaint on August 23, 2012. A responsive pleading was filed by the Defendants in the nature of an Answer with New Matter. 2. The parties have attempted to negotiate a compromise with respect to the issues in the case over a period of four (4) months and have finally arrived at a compromise. 3. The Defendants have agreed to comply with each and every demand in Plaintiffs' prayer for relief in the underlying Complaint. 4. The Defendants have also agreed to enter into a Stipulated Judgment incorporating that prayer for relief to settle the matter in its entirety. 5. The settlement of this case involves the Defendants moving a detached garage ten (10) or twelve (12) feet and connecting that garage to the main house. 6. The Defendants have agreed to complete the permitting, engineering, design and relocation of the garage on or before April 15, 2013. This is a period of five and one-half (5-1/2) months. 7. The Plaintiffs believe this is unreasonable and would like to have the same completed on or before January 15, 2013. 8. Concurrence with opposing counsel of record was not sought for this Petition. WHEREFORE, the Defendants prays this Honorable Court to schedule a Status/Settlement Conference to address the issue contained herein. Respectfully submitted, JOHNSON, DUFF , STE T & WEIDNER By: ark . Duffie 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :522652 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Petition for aStatus/Settlement Conference by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 26th day of October, 2012, addressed to the following: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER ark C. Duffie ` 3 John A. Gill, Esquire I.D. No. 41532 325 North Second Street Wormleysburg, PA 1.7043 (717) 737-7522 Attorney for Plaintiffs JOSF,PH M. OLSHEFSKI and IN THE COURT OF COMMON PATRICIA A. OLSHEFSKI, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 12-5265 Civil Term v. CIVIL ACTION CLAYTON S. MCALLISTER and ALEXIS S. MCALL[STER, -_.~ Defendants : `"- __, ,~... PLAINTIFFS' REPLY TO DEFENDANTS' PETITION FOR A - ~ ~ ~' ` ' STATUS/SETTLEMENT CONFERENCE - == - AND NOW, come the Plaintiffs, and file the within Reply to Defendants' Petition For A Status/Settlement Conference and reply as follows: 1. Admitted 2. Denied. In June of 2012 Plaintiffs became aware that a detached structure had been constructed in violation of a Declaration of Restrictive Covenants. Plaintiffs brought the offending structure and violations to Defendants' attention and requested that they remedy the violations. Having received no meaningful response or action from Defendants, P aintiffs instituted. the within action to enforce the covenants. Plaintiffs have requested on numerous occasions that Defendants present a proposal as to how and when they would remedy the violations, but the :Defendants failed to do so. Plaintiffs finally received a proposal from Defendants through their attorney, dated October 18, 2012, which proposal does n.ot remedy the violations. 3. Denied. The proposal submitted by Defendants' have not complied with Plaintiffs' prayer for relief. Defendants' proposal of October 18, 2012, would not remedy the three car garage covenant and does not make provisions for the approval of the proposed construction to the Architectural Control Committee as required by the Covenants. It should be noted although Defendants have claimed they have agreed to comply with each and every demand, a proposed stipulation and order indicating as such has not been presented by Defendants. 4. Denied. Defendants have never agreed to enter into a stipulated judgment incorporating Plaintiffs' prayer for relief, however, Plaintiffs have attached. as Exhibit A a Proposed Stipulation and Order reflecting the requested relief if in fact the Defendants are willing to agree to Plaintiffs prayer for relief in the Complaint. 5. Admitted.. However, Defendants' proposal of October 18„ 2012, would not bring them. into compliance with the Declaration of Restrictive Covenants. 6. Admitted. Defendants have continually delayed efforts to rectify the offending structure which is negatively impacting the sale of the adjacent lot owned by Plaintiffs. Defendants failed to rectify the violations after brought to their attention in June 2012, failed to timely answer Plaintiffs' Complaint which necessitated a 237.1 Notice and have not replied to Plaintiffs' Discovery Requests, which replies were due on October 26, 2012. (In fact in connection of the pl~rchase of Plaintiffs home in March 2011 Defendants indicated a desire to buy lot l .5. Plaintiffs took the lot of the market . In February 2012 Defendants notified Plaintiffs they were not buying the lot, and instead built a non conforming Structure which is inhibiting Plaintiffs Iiom now selling their lot. Defendants' delay and inaction have prevented P aintiffs from selling the lot fir 26 months, using Defendants proposal . ) 7. Admitted. Defendants have delayed action, and now that suit was instituted and discovey requests served, Defendants made a proposal which Plaintiffs view as unreasonable sine.: it does not comply with the Declaration of Restrictive Covenants and further delays matters. 8. Admitted. 2 WHEREFORE, Plaintiffs request that the Court enter an Order enforcing the covenants and forcing Defendants to dismantle or move the offending, structure so as to be in compliance with the Covenants, prohibit further construction and award such other relief as the Court may deem appropriate. Respectfully submitted, ~. __ _ Date: ~ l - t - lZ z-G'~'~~--~-~ ---- . Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717)737-7522 #41532 Attorney for Plaintiffs Joseph M. Olshefski and Patricia A. Olshefski 3 EXHIBIT A JOSEPH M. OLSHEFSKI and IN THE COURT OF COMMON PLEAS PATRICIA A. OLSHEFSKI CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12-5265 CIVIL TERM v. CIVIL ACTION CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER Defendants JOINT STIPULATON OF THE PARTIES FOR JUDGMENT AND NOW, come Plaintiff's, Joseph M. and Patricia A. Olshefski, and Defentants, Clayton S. McAllister and Alexis S.:McAllister, through their respective counsel, and stipulate as follows: I . Plaintiffs are Joseph M. Olshefski and Patricia A. Olshefski (Olshefski) who are adult individuals and are the owners of 305 East Meadow Drive, Mechanicsburg, PA. 2. Defendants, Clayton S. McAllister and Alexis S. McAllister (McAllister) are adult individuals who reside at 307 E. Meadow Drive, Mechanicsburg, PA. 3. On July 2, 1987, Olshefski purchased 307 E. Meadow Drive, Mechanicsburg, PA, which is known as lot: 16, on Phase I -Final Subdivision Plan of Meadow View Estates, said plan being recorded in the Cumberland County Recorder of Deeds Office in plan book 52, page 116, and re-recorded in plan book 53, page 10. The deed was dated June 3, 1987 and recorded on July 2, 1987 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania in Record Book T-32, Page 810. 4. On July 2, 1987, Olshefski purchased 305 E. Meadow Drive, Mechanicsburg, PA, which is known as lot 15, on Phase I -Final Subdivision Plan of :Meadow View Estates, said plan being recorded in the Cumberland County Recorder of Deeds Office in plan book 52, page 1.16, and re-recorded in plan book 53, page 10, and said lot being adjacent to lot 16. 5. Both lots were subject to a Declaration of Restrictive Covenants, dated May 1, 1987, recorded in the Cumberland County Recorder of Deeds Office in miscellaneous book 33, page 815., (Covenants). 6. Olshefski built a single family dwelling containing a three car attached garage on lot 16. 7. By Deed dated March 11, 2011, Olshefski conveyed lot 16 to McAllister. "I'he conveyance was subject to the Covenants which were specifically referenced in the deed to McAllister 8. 'The lot, which Olshefskis' currently own, lot 15, is an unimproved lot. 9. [n June of 20l 2 Olshefski became aware that a detached structure containing a two-car garage was being constructed by McAllister on lot 16. (Structure) 10. "The Covenants state: • "No auxiliary buildings or detached garages shall be permitted. All garages will be private garages for not more than three (3) cars. (Covenants, paragraph 3) • "No building shall be located nearer than fourteen (14) feet to an interior lot line". (Covenants, paragraph 4) • "All new construction and any subsequent exterior renovation or addition to improvements on said lots shall be subject to the express prior written approval of the Architectural Control Committee, and no construction shall commence prior to obtaining such approval." (Covenants, paragraph 11) 11. The Structure violates the Covenants. 12. The Structure is located nearer than fourteen (14) feet to the interior lot line of lot. 15. 13. The Structure is detached and contains two garage bays, and with the construction of the two additional bays lot 16 now has five (5) garage bays. i 4. McAllister did not obtain prior written approval of the Architectural Control Committee 2 before building the Structure. 15. McAllister agrees to bring the Structure in compliance with the Covenants, including but not limited to the following: a. McAllister will obtain the express prior written approval of the Architectural Control Committee, and no remedial construction shall commence prior to obtaining such approval b. McAllister will move or modify the Structure so it is not located nearer than fourteen (14) feet to an interior lot line. c. McAllister will attach the Structure to the existing home. d. McAllister will eliminate the two garage bays of the Structure so that there are not garages for more than three (3) cars. 16. [f McAllister has not accomplished the above actions in paragraph 15, and remedied the violations of the Covenants by January 15, 2013, McAllister agrees to demolish. the Structure by February 1, 2013. 17. "Time is of the essence. 18. The parties request that the Court enter the attached Order, confirming the above stipulations. CONSENTED TO: Mark C. Duffie John A. Gill, Esquire Johnson, Duffie, Steward, Weidner, PC 325 North Second Street 301 Market Street Wormleysburg, PA 17043 Lemoyne, PA 17043-0109 (717) 730-9789 #41532 Attorney for Defendants Attorney for Plaintiffs Clayton S. McAllister and Joseph M. Olshefski and Alexis S. McAllister Patricia M. Olshefski 3 CERTIFICATE OF SERVICE I HEREI3Y CERTIFY that I served a copy of the Plaintiffs' Reply to Defendants" Petition For a Status/Settlement Conference was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Mark C. Duffle Johnson, Duffie, Stewart, Weidner, P.C. 301 Market Street Lemoyne, PA 17043-0109 Date: / f " r' ~ ,~c1._ ~%', ~'' t~L Peggy- Morrison, Secretary , e, ~ c \V ~~~Ir FJ ~l ~'.i 1 ~ t/~ 4 L,; 1„'x,7 Y, Y j. ~~-° 1 1 v ~ 1 t 2' Johnson, Duffle, Stewart 8~ Wplq~~tLp`l~~ CGi!",°~1 ~~' By: Mark C. Duffle , •~~;;5`~'~_~`r~.'~I;"-, I . D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcdt~jdsw.com Attorneys for Defendants JOSEPH M. OLSHEFSKI and IN THE COURT OF COMMON PLEAS OF PATRICIA A. OLSHEFSKI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER, Defendants NO. 12-5265 CIVIL TERM CIVIL ACTION AMENDED PETITION FOR ASTATUS/SETTLEMENT CONFERENCE AND NOW, come the Defendants, CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER, by and through their counsel, Johnson, Duffle, Stewart & Weidner, and files this Petition for aStatus/Settlement Conference, and in support thereof avers as follows: 1. Plaintiffs initiated this action pursuant to a Complaint on August 23, 2012. A responsive pleading was filed by the Defendants in the. nature of an Answer with New Matter. 2. The parties have attempted to negotiate a compromise with respect to the issues in the case over a period of four (4) months and have finally arrived at a compromise. 3. The Defendants have agreed to comply with each and every demand in Plaintiffs' prayer for relief in the underlying Complaint. 4. The Defendants have also agreed to enter into a Stipulated Judgment incorporating that prayer for relief to settle the matter in its entirety. 5. The settlement of this case involves the Defendants moving a detached garage ten (10) or twelve (12) feet and connecting that garage to the main house. 6. The Defendants have agreed to complete the permitting, engineering, design and relocation of the garage on or before April 15, 2013. This is a period of five and one-half (5-1/2) months. 7. The Plaintiffs believe this is unreasonable and would like to have the same completed on or before January 15, 2013. 8. Concurrence with opposing counsel of record was sought for this Petition and the same was received. 9. No Judge has ruled upon any issue in this matter or any related matter. 2 WHEREFORE, the Defendants prays this Honorable Court to schedule a Status/Settlement Conference to address the issue contained herein. Respectfully submitted, JOHNSON, DUFFI ST T 8 WEIDNER By: Mark C. Duffie 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :522652 3 CERTIFICATE 4F SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Amended Petition for aStatus/Settlement Conference by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Sth day of November, 2012, addressed to the following: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 77043 JOHNSON, DUFFIE, STEWART & WEIDNER ~~ ri By: Mark C. Duffs 4 JOSEPH M. OLSHEFSKI AND PATRICIA A. OLSHEFSKI, Plaintiffs v. CLAYTON S. MCALLISTER AND ALEXIS S. MCALLISTER, Defendants ~~p ~~. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-05265 CIVIL ACTION IN RE: AMENDED PETITION FOR ASTATUS/SETTLEMENT CONFERENCE ORDER OF COURT AND NOW, this 29t" day of November 2012, upon consideration of Plaintiffs' Amended Petition for aStatus/Settlement Conference, a status conference in the above-captioned case is scheduled to be held on 17 January 2013, at 11:00 a.m., in the jury deliberation room of Courtroom No. 6, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: / Mark C. Duffie, Esq. P.O. Box 109 Lemoyne, PA 17043 _BY TH OURT, _ ~ .. r~ Thomas . Placey, C.P.J. ,~ John A. Gill, Esq. 325 North Second Street Wormleysburg, PA 17043 ~:~ t rY; ~ ; ~ s --- °Pl~g ~:.F1 ~ N ~= ~~ DID `~ =~- ,- ~ ~v, ~~ :.rt ~.~a JOSEPH M. OLSHEFSKI and IN THE COURT OF COMMON PLEAS PATRICIA A. OLSHEFSKI CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs NO. 12-5265 CIVIL TERM V. CIVIL ACTION CLAYTON S. MCALLISTER and ALEXIS S. MCALLISTER , Defendants PRAECIPE N ;: To The Prothonotary: Please mark the above captioned action as"settled, discontinued and forever ended." t ohn Gill,Esquire -Nbrth Second Street Wormleysburg, PA 17043 (717) 730-9789 #41532 Attorney for Plaintiffs Joseph M. Olshefski and Patricia A. Olshefski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Praecipe was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Mark C. Duffle Johnson, Duffle, Stewart, Weidner,P.C. 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants Date: . -511DI,)_3 Peggy Morrison, Secretary