HomeMy WebLinkAbout13-3815 F.
Mark W.Allshouse,Esquire E TH PR NOT ART(
Attorney ID#78014
4833 Spring Road 2013 JUL -2 PM 1-: 5:2
Shermans Dale,PA 17090
(717)582-4006 CUMBERLAND COUNTy
Attorney for Plaintiffs PENNsYLVANIA
NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
a Second Class Township, CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner
V, NO. CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC, CIVIL ACTION - LAW AND EQUITY
Respondents
PETITION FOR INJUNCTIVE RELIEF
AND NOW comes Petitioner,North Middleton Township,by and through its attorney,
Mark W. Allshouse,Esquire and respectfully files the following Petition for Injunctive Relief
and in support thereof aver as follows:
I. Petitioner,North Middleton Township is a Pennsylvania municipality duly organized and
created pursuant to the Pennsylvania Second Class Township Code, having an address of 2051 Spring
Road, Carlisle, Cumberland County, Pennsylvania(hereinafter"Township").
2. Respondent, Michael R. Swartz(hereinafter"Swartz), an adult individual, is the
owner of two parcels of real property respectively known as 1540 and 1542 Spring Road,
Carlisle, Cumberland County,Pennsylvania, with a mailing address of 1540 Spring Road,
Carlisle, Pennsylvania 17013.
3. Respondent, Red Circle Performance Pre Owned, LLC, (hereinafter"Red Circle")
is a Pennsylvania limited liability company having a registered address of 1875 Spring Road,
Carlisle, Cumberland County, Pennsylvania 17015 and a current address of 1540 Spring Road,
Carlisle, Cumberland County, Pennsylvania 17013.
4. As owner of real property within North Middleton Township, Swartz is subject to
all Township Ordinances, zoning and land development regulations (hereinafter known as"the
North Middleton Code").
5. As a business believed to be occupying and operating at a property within North
Middleton Township, Red Circle is subject to all Township Ordinances, zoning and land
development regulations (hereinafter known as the "North Middleton Code").
I. NORTH MIDDLEI ON TOWNSHIP V. MICHAEL R. SWARTZ
6. Paragraphs I through 5 above are hereby incorporated by reference as though
fully set forth herein.
7. Swartz had previously owned and occupied 1870 Spring Road, a real property
within North Middleton Township.
8. From July 19, 2004 through September 18, 2009, Swartz had received twenty-
eight (28) citations during his occupancy of 1870 Spring Road from the Township for various
violation of the North Middleton Township Code, including the following:
a. § 134-3(a) Accumulation of Trash, Garbage and Rubbish(3 citations)
b. § 134-3(b)(b) Unlicensed Storage of Abandoned or Junked Vehicles (6
citations)
C. § 204-27(f),Parking and Storage of Unlicensed and/or Uninspected Motor
Vehicles (2 citations)
d. 63 § 818.5(A)(1) Illegal Sales of Automobiles (17 citations)
9. With regard to the citations for § 134-3(a), § 134-31(b) and § 204-27(f), Swartz
was found guilty and held accountable on each citation excepting one (1) citation for §204-27(f)
which was withdrawn by the Township.
2
10. With regard to the citations for Illegal Sales of Automobiles, Swartz was held
accountable on two (2) counts. The other counts were withdrawn or dismissed.
11. These numerous citations issued during this period resulted from Swartz's
operation of an automobile sales and service facility at his residential property.
12. Despite numerous notices to cease and desist such operations, Swartz's violations
continued throughout his occupancy of the 1870 Spring Road address.
13. Thereafter, on or about May, 2010 Swartz moved the location of his residence and
business to its current location at 1540 Spring Road and 1542 Spring Road, Carlisle,North
Middleton Township, Pennsylvania:
14. This move to a new business was the only reason the violations were abated at the
1870 Spring Road address.
15. Upon relocating to the new properties, Swartz again resumed the similar use
activities in violation of North Middleton Code at 1540 and 1542 Spring Road.
16. Swartz was given written notice to abate,the new violations.
17. Thereafter, Swartz advised the Township that he would be filing a Subdivision
and Land Development Plan for the operation of a business known as Red Circle Performance
Pre Owned, LLC, which was intending to utilize the properties for automobile sales and repair
facility.
18. As a result of taking the necessary steps to operate,the Township attempted to
show leniency towards Swartz, who, in violation of Township Code,moved numerous vehicles
(in excess of fifteen(15)) onto the new location without obtaining a Zoning Permit or Land
Development Plan.
19. Thereafter, on or about the 13th day of May,2010,without yet having submitted
the required Land Development Plan pursuant to North Middleton Code, Swartz applied for a
Zoning Permit for each property.
20. Two Zoning Permits were issued allowing for the use of the automobile sales,
repair, maintenance and reconditioning at each property. True and correct copies of the Zoning
Permits are attached hereto and made a part hereof marked respectively as Exhibit"A" and
Exhibit"B".
21. At the time of granting of the Permit, Swartz was advised that a Land
Development Plan would be required prior to operating the business and creating any
improvements to the property.
22. Despite this notice, Swartz began operation of his business.
23. Without obtaining the proper land development approval, Swartz began to fill the
property, lay down base stone, erect fencing, divert drainage, install signage and make
improvements to the structures on the property to begin operating a car dealership.
24. It is believed and, therefore, averred that during this time Swartz applied for a
dealer's license for the sale of used vehicles through the Commonwealth of Pennsylvania Dealer
Licensing Bureau.
25. Despite the continuing violations,the Township continued to work with Swartz
and provided leniency for the numerous violations because Swartz had obtained Zoning Permits
and submitted for review a Land Development Plan or about the 2nd day of August, 2011.
26. While the Township continued to extend lenience to Swartz, and while he
continued to operate,his Land Development Plan received conditional approval from North
Middleton Township Board of Supervisors.
4
27. Unfortunately, after written notice, Swartz failed to meet the requirements of the
conditional approval and, as a result his Plan ultimately could not move forward and was denied
on January 24, 2013.
28. As a result, Swartz was given notice and later cited with the following violations:
a. § 120-3 Operating a Junkyard
b. § 134-3(a) Accumulation of Trash, Garbage and Rubbish
C. § 134-3(c) Operation of an Offensive Business.
29. Despite notice, Swartz failed to take any action to remedy the violations or to
revise or amend his denied Land Development Plan.
30. At the local Magisterial District Judge, Swartz was found guilty and was held
accountable on all three citations and fines were imposed.
31, Thereafter, Swartz again took no action to remedy the violation and, as a result,
on February 14, 2013 North Middleton Township filed civil complaints against both 1540 and
1542 Spring Road for violation of North Middleton Code § 204-702(a)(8) based upon the Zoning
Officer's Revocation of Zoning Permits 681 and 765 and § 204-702(a)(13) Swartz's failure to
comply with the Zoning Permit Regulations and § 204-702(a)(14) failure to comply with all
work of uses of an approved Application and Plan. True and correct copies of the Notices of
Violation are attached hereto and made a part hereof marked respectively as Exhibit"C" and
Exhibit"D".
32. At the local Magisterial District Judge, Swartz was held accountable on all
charges and fines were imposed again.
33. Since January 3, 2013, Swartz has made little or no effort to remedy the situation.
5
"4.
.3 Swartz owes North Middleton Township thousands of dollars, both in citation
fines and civil judgments for the same repeated violations of Township Code since 2004,which
remain unpaid and are not a sufficient detriment to stop the violations
35. The Township has extended every courtesy and leniency with Swartz in an
attempt to work with Swartz to correct the violations of North Middleton Code,which violations
have extended since his occupancy of 1875 Spring Road in 2004 to the present,nine years later.
36. Currently, Swartz continues to operate a car sale business without a Zoning
Permit, and has recently made structural changes to the garage, also with Building or Zoning
Permits.
37. Despite the numerous notices and leniency of the Township, Swartz has refused
to cease and desist his violations of North Middleton Code.
38. Petitioner requests an injunction be entered against Swartz to cease and desist any
operation of the car sales business and to remove the numerous vehicles, auto parts, business
equipment and signage located on the property until such time as he has obtained the proper
Zoning and Land Development approvals necessary to utilize the property as a vehicle sales or
repair facility.
39. Petitioner's request for an injunction will prevent the following immediate and
irreparable harm which cannot be restored once taken or compensated by damages:
a. Swartz's blatant disregard for local Municipal Ordinances which has
continued since 2004 and undermines the Township's enforcement authority against not
only Swartz, but other Township residents.
b. Loss of North Middleton Township's ability to control the health, safety
and welfare of its community as a result of the blatant disregard of Swartz in operating
and developing his property without proper Permits.
6
40. The greater injury will result from refusing the requested relief than by granting it
because Petitioner has no other means by which to enforce and uphold the integrity of the North
Middleton Code, including Zoning Permits and Land Development Plans if Swartz is allowed to
continually operate and utilize his property without the need for obtaining such proper Permits
and approvals.
41. The requested relief restor--s the parties to the previously existing status as existed
prior to Swartz's occupation of 1540 and 1542 Spring Road.
42. Petitioner is entitled to the relief requested,being enforcement of the North
Middleton Code,which Code is reasonable and actionable and is contemplated and regulated by
the Pennsylvania Second Class Township Code.
43. Petitioner's request is reasonably suited to abate any further illegal use or
development of the land and is narrowly tailored to return the parties to status quo.
WHEREFORE, Petitioner respectfully requests this Honorable Court to conduct an
immediate hearing on Petitioner's Petition for Injunctive Relief and thereafter, issue an Order for
injunctive relief preventing further business operation on 1540 and 1542 Spring Road as a motor
vehicle sales and repair facility and to require all vehicles, auto parts, business equipment and
signage currently stored and utilized on the properties intended for sale to be removed
immediately until such time as the necessary Zoning permits and Land Development Plans have
been obtained.
11. NORTH MIDDLETON TOWNSHIP V. RED CIRCLE PERFORMANCE
PRE OWNED,LLC
44. Paragraphs I through 43 above are hereby incorporated by reference as though
fully set forth herein.
45. It is believed and,therefore, averred that the primary owner and managing
member of Red Circle is co-Defendant, Michael R. Swartz.
7
46. It is believed that Red Circle operates as the alter ego of Michael R. Swartz, but is
not operated pursuant to the legal requirements of operation as an LLC and, as a result, the
actions of Swartz are directly attributable to Red Circle.
47. It is believed and, therefore, averred that Red Circle currently occupies and
operates a business involving automobile repairs, maintenance, reconditioning, fabrication and
automobile sales at 1540 and 1542 Spring Road,North Middleton Township.
48. Defendant Red Circle has obtained no Zoning Permits as required by North
Middleton Code for operating the business at the property.
49. Shortly after occupying the property in May of 2010 Red Circle advised North
Middleton Township it would be filing a Subdivision and Land Development Plan for the
operation of its business.
50. As a result of taking the necessary steps to operate,the Township attempted to
show leniency towards Red Circle, who, in violation of Township Code, moved numerous
vehicles (in excess of fifteen (15)) onto the new location without obtaining a Zoning Permit or
Land Development Plan.
51, Red Circle was advised by the Township that prior to operating or creating any
improvements, it would be required to obtain Zoning Permits and file a Land Development Plan.
52. Despite this notice, Red Circle began operation of his business.
53. Without obtaining the proper land development approval, Red Circle began to fill
the property, lay down base stone, erect fencing, divert drainage, install signage and make
improvements to the structures on the property to begin operating a car dealership.
54. It is believed and, therefore, averred that during this time Red Circle applied for a
dealer's license for the sale of used vehicles through the Commonwealth of Pennsylvania Dealer
Licensing Bureau.
8
55. Despite the continuing violations, the Township continued to work with Red
Circle and because Red Circle had submitted for review a Land Development Plan.
56. While the Township continued to extend lenience to Red Circle, and while it
continued to operate,the Swartz Land Development Plan received conditional approval from
North Middleton Township Board of Supervisors.
57. Unfortunately, after written notice, Red Circle failed to meet the requirements of
the conditional approval and, as a result the Plan ultimately could not move forward and was
denied on January 214, 2013.
58. As a result, the owner of the property, Michael R. Swartz was given notice and
later cited with the following violations created by the operations of Red Circle:
a. § 120-3 Operating a Junkyard
b, § 134-3(a) Accumulation of Trash, Garbage and Rubbish
C. § 134-3(c) Operation of an Offensive Business.
59. Despite notice, Red Circle failed to take any action to remedy the violations or to
revise or amend the denied Land Development Plan.
60. At the local Magisterial District Judge, Swartz was found guilty and was held
accountable on all three citations and fines were imposed.
61. Since January 3, 2013, Red Circle has made little or no effort to remedy the
situation.
62. The Township has extended every courtesy and leniency with Red Circle in an
attempt to work with Swartz to correct the violations of North Middleton Code.
63. Currently, Red Circle continues to operate a car sale business without a Zoning
Permit, and has recently made structural changes to the garage, also with Building or Zoning
Permits.
9
64. Despite the numerous notices and leniency of the Township, Red Circle has
refused to cease and desist its violations of North Middleton Code.
65. Petitioner requests an injunction be entered against Red Circle to cease and desist
any operation of the car sales business and to remove the numerous vehicles, auto parts, business
equipment and signage located on the property until such time as it has obtained the proper
Zoning and Land Development approvals-necessary to utilize the property as a vehicle sales or
repair facility.
66. Petitioner's request for an injunction will prevent the following immediate and
irreparable harm which cannot be restored once taken or compensated by damages:
a. Red Circle's blatant disregard for local Municipal Ordinances which has
continued since 2004 and undermines the Township's enforcement authority against not
only Red Circle, but other Township residents.
b. Loss of North Middleton Township's ability to control the health, safety
and welfare of its community as a result of the blatant disregard of Red Circle in
operating and developing his property without proper Permits.
67. The greater injury will result from refusing the requested relief than by granting it
because Petitioner has no other means by which to enforce and uphold the integrity of the North
Middleton Code, including Zoning Permits and Land Development Plans if Red Circle is
allowed to continually operate and utilize its property without the need for obtaining such proper
Permits and approvals.
68. The requested relief restores the parties to the previously existing status as existed
prior to Red Circle's occupation of 1540 and 1542 Spring Road.
10
69. Petitioner is entitled to the relief requested, being enforcement of the North
Middleton Code, which Code is reasonable and actionable and is contemplated and regulated by
the Pennsylvania Second Class Township Code. .
70. Petitioner's request is reasonably suited to abate any further illegal use or
development of the land and is narrowly tailored to return the parties to status quo.
WHEREFORE, Petitioner respectfully requests this Honorable Court to conduct an
immediate hearing on Petitioner's Petition for Injunctive Relief and thereafter, issue an Order for
injunctive relief preventing further business operation on 1540 and 1542 Spring Road as a motor
vehicle sales and repair facility and to require all vehicles, auto parts, business equipment and
signage currently stored and utilized on the properties intended for sale to be removed
immediately until such time as the necessary Zoning permits and Land Development Plans have
been obtained.
Respectfully submitted,
Date: 013
tark;16. Allshous, Esquire
Attorney ID 4 780 4
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Petitioner
Exhibit "A"
ZONING ;PERMIT
North Middleton -township, .
: . .2051 Spring Rd.
Dept,File Copy
Carlisle,. PA. 17013
Phi: 243_4550 Fax 243-11.3.5 PERMIT NC►. 681"i1
Date of Issuance . 'J J ,/Q Locate on ` iJ!�O ('`WN.Ck
Cumberland CoWity Tax Parcel 'No. . 29 00-3
Appl i'cant'-s Name l � .� �jt micas
Address }
CA.r • 2 per, i 701
Ownets'Name
Address
Ph: #
PROPOSED USE (Check ,One) RESIDENTIAL COMMERCIAL � .
INDUSTRIAL
(Beta led Description)i
of
In Accordance With -Ordinance Section
{And all of-her..-applicable, Laws- andRegulati.ons)
earks; 's De : . 'U..D 1
V11 C .
es[?9
FEE RECEIVED $ �
d4.
P ICANT'.S SIGNATURE PERMIT OFFICIAL:'
t
Exhibit "B"
ZONING PERMIT
North Middleton. Township
2 0 51. Spring: Rd Dept. File Copy
Carlisle, Pa. 17b13 :.
Ph.: 243-8.550 Fa' x• 24'3-1135 PERMIT No. -76
5
-Date of Issuance , / 10 Lcication 1 SLJ Z.
Cumberland county Tax.'Par cel -No. `29" -I'S -C X=
Appli cant s Naive Q d CErc\fit°
Address
• �1 ��, ,`..�oil. .
Ph. # '71? Z!8 L378�
Owners'Name 3o Sw .
Address iZd;
� . e_ . �?Va
Ph.
PROPOSED USE- (Check One) RESIDENTIAL COMMERCIAL . .
INDUSTRIAL.
(Det iled Descr•ipt`o' ). Ca
In Accordance With Ordinance :Sectionfs' Q
(And all 'other applicable,,Laws and`Reg''lation '
D t. Remarks �. .zs- 4.a` ��cs d2.
d
FEE RECEIVED $ C .
APPLICANT'S SIGNATURE PERMIJ OFFICIfiff
Exhibit "C"
NORTH MIDDLETON TOWNSHIP
ZONING ENFORCEMENT
2051 Spring Road
Carlisle,PA 17013
(717)243-8550
NOTICE OF VIOLATION AND
ORDER TO CORRECT IDENTIFICATION
Notice Date: 2/4/13 Comply Date: 5 Days
Owner: Michael R. Swartz Tag Parcel#:29-18-1369-004
Property Address: 1542 Spring Road,Carlisle,PA 17013
Owner Address: 1540 Spring Road, Carlisle,PA 17013
This Enforcement Notice is being issued by the undersigned Zoning Officer for North Middleton Township,Cumberland
County,Pennsylvania,pursuant to Municipalities Planning Code,Act No. 170 of 1988,as amended,and the provisions of the
North Middleton Township Zoning Ordinance. See the Violation Listing(s)below for the specific violation and a description
of the requirements which have not been met,with reference to the applicable provisions of the Zoning Ordinance.
Any person receiving a copy of the Enforcement Notice has the right to appeal to the North Middleton Township Zoning
Hearing Board within thirty(30)days from the date of this Enforcement Notice in accordance with procedures set forth in the
Ordinance. Failure to request a hearing will make you unable to contest the;violation in any future proceeding
Failure to complete the steps of compliance within the time specified in this Enforcement Notice and/or otherwise terminate the
violation-set-forth-herein,unless extended by appeal to-the-Zoning Hearing Board,constitutes-a violation of-the-North.-
Middleton Township Zoning Ordinance and will result in a Civil Enforcement Proceeding being commenced by North
Middleton Township before a District Justice,which can result in the payment of a judgment of not more than Five Hundred
($500.00)Dollars,plus all court costs,including reasonable attorney's fees incurred the North Middleton Township as a result
of such proceedings.
VIOLATION LISTINGS
North Middleton Township Code Ordinances,Chapter 204 Zoning Ordinance:
Subsection 702A(8) - The Zoning Officer may revoke a zoning permit or approval issued under the provisions of
this Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which
the permit or approval was based or for any other cause set forth in the Zoning Ordinance.
Subsection 702A(13) —Compliance with ordinance. The zoning permit shall be a license to proceed with the work
and should not be construed as authority to violate,cancel or set aside any of the provisions of the Zoning
Ordinance,except as stipulated by the Zoning Hearing Board.
Subsection 702A(14)—Compliance with permit and plot plan. All work or uses shall conform to the approved
application and plans for which the zoning permit has been issued as well as the approved plot plan.
1
NORTH MIDDLETON TOWNSHIP
ZONING ENFORCEMENT
2051 Spring Road
Carlisle,PA 17013
(717)243-8550
NOTICE OF VIOLATION AND
ORDER TO CORRECT IDENTIFICATION
Violation Date: 2/4/13
Violation Description: Denied approval of Swartz Land Development Plan 911-01
Violation Comments: Revoke Zoning Permit#765 issued to Red Circle Performance
Preowned LLC for Auto Repairs,Maintenance,Reconditioning and
Sales of Auto Parts due to Land Development Plan denial and your
failure to complete and record the plan under the New Zoning
Regulations as per your requesi(see attached letter). All business
activities must cease and desist.
THE DATE BEFORE WHICH THE STEPS FOR COMPLIANCE MUST BE COMPLETED: 5 Days
after receipt of notice. .
Your cooperation in this matter is preciated.
Rod Borda, Zoning Officer Date
2
Exhibit "D'°
NORTH MIDDLETON TOWNSHIP
ZONING ENFORCEMENT
2051 Spring Road
Carlisle,PA 17013
(717)243-8550
NOTICE OF VIOLATION AND
ORDER TO CORRECT IDENTIFICATION
Notice Date: 2/4/13 Comply Date: 5 Days
Owner: Michael R. Swartz Tax Parcel#:29-18-1369-003
Property Address: 1540 Spring Road, Carlisle,PA 17013
Owner Address: Same
This Enforcement Notice is being issued by the undersigned Zoning Officer for North Middleton Township,Cumberland
County,Pennsylvania,pursuant to Municipalities Planning Code,Act No. 170 of 1988,as amended,and the provisions of the
North Middleton Township Zoning Ordinance. See the Violation Listing(s)below;for the specific violation and a description
of the requirements which have not been met,with reference to the applicable provisions of the Zoning Ordinance.
Any person receiving a copy of the Enforcement Notice has the right to appeal to the North Middleton Township Zoning
Hearing Board within thirty(30)days from the date of this Enforcement Notice in accordance with procedures set forth in the
Ordinance. Failure to request a hearing will make you unable to contest the violation in any future proceeding
Failure to complete the steps of compliance within the time specified in this Enforcement Notice and/or otherwise terminate the
violation set forth herein,unless extended by appeal to the Zoning Hearing Board,constitutes a violation of the North
Middleton Township Zoning Ordinance and will result in a Civil Enforcement Proceeding being commenced by North
Middleton Township before a District Justice,which can result in the payment of a judgment of not more than Five Hundred
($500.00)Dollars,plus all court costs,including reasonable attorney's fees incurred the North Middleton Township as a result
of such proceedings.
VIOLATION LISTINGS
North Middleton Township Code Ordinances,Chapter 204 Zoning Ordinance:
Subsection 702A(8) - The Zoning Officer may revoke a zoning permit or approval issued under the provisions of
this Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which
the permit or approval was based or for any other cause set forth in the Zoning Ordinance.
Subsection 702A(13)—Compliance with ordinance. The zoning permit shall be a license to proceed with the work
and should not be construed as authority to violate, cancel or set aside any of the provisions of the Zoning
Ordinance,except as stipulated by the Zoning Hearing Board.
Subsection 702A(14)—Compliance with permit and plot plan. All work or uses shall conform to the approved
application and plans for which the zoning permit has been issued as well as the approved plot plan.
NORTH MIDDLETON TOWNSHIP
ZONING ENFORCEMENT
2051 Spring Road
Carlisle,PA 17013
(717)243-8550
NOTICE OF VIOLATION AND
ORDER TO CORRECT IDENTIFICATION
Violation Date: 2/4/13
Violation Description: Denied approval of Swartz Land Development Plan 411-01
Violation Comments: Revoke Zoning Permit#681 issued to Mike Swartz for Auto Repairs,
Maintenance,Reconditioning and Sales of Auto Parts due to Land
Development Plan denial and your failure to complete and record the
plan under the New Zoning Regulations as per your request(see
attached letter). All business activities must cease and desist.
THE DATE BEFORE WHICH THE STEPS FOR COMPLIANCE MUST BE COMPLETED: 5 Days
after receipt of notice.
Your cooperation in this matter is appreciated.
2 X4,/- ,
Rod Borda,Zoning Of Date
CERTIFICATE OF SERVICE
I, Mark W. Allshouse, Esquire, hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in the United States Mail, first-
class,postage prepaid, as follows:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle,PA 17013
Respectfully submitted,
Date:
ark W. Allshouse squire
Attorney ID 4 78014
483') Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
Supreme Court of Pennsylvania
CoureW Pleas
• 't For Prothonotary Use Only:
Clv><l covVe>P S � :eet ,
Docket No:
CUMBERLAN D ' .�)�
County
;'`•- .-.- -! I ✓ — ISIS
a
The information collected on this form is used solely court administration purposes. This form does not
supplement or replace the_fling and service ofpleadings or other papers as required by law or rules ofcourt.
Commencement of Action:
S ❑ Complaint 9 Writ of Summons El Petition ❑ Notice of Appeal
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T North Middleton Township Michael R. Swartz
I ❑ Check here if you area Self- Represented (Pro Se) Litigant
O Name of Plaintiff /Appellant's Attorney: Marts W. Altshouse, Esquire
N Dollar Amount Requested: X within arbitration limits
Are money damages requested?: ❑x Yes El No (Check one) outside arbitration limits
A
Is this a Class Action Suit? ❑ Yes O No
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Zoning Board
S ❑ Product Liability (does not include El Statutory Appeal: Other
E mass tort) Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
❑
C [I Other: Employment Dispute: Other
Judicial Appeals
T ❑ MDJ - Landlord/Tenant
I ❑ Other: ❑ MDJ - Money Judgment
O MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure Restraining Order
PROFESSIONAL LIABLITY ❑ Pa,tition ❑ Quo Warranto
❑ Dental ❑ Quiet Title ❑ Replevin
❑ Legal
❑ Medical ❑ Other: 0 Other:
❑ Other Professional: municipal injunction
Pa. R.C.P. 205.5 212010
NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
a Second Class Township, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. ' .3 a CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC, CIVIL ACTION - LAW AND EQUITY
Defendants
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY /CLERK OF SAID COURT:',
c
Please issue a Writ of Summons in the above - captioned action and forward it toi C_ m
rn
undersigned counsel for service upon Defendants. r' rn
Respectfully submitted, <a
_ = "c'
Z CD
Date:
ark W. Allshouse, E uire
Attorney ID # 78014
; 4833 Spring Road
Shermans Dale, PA 17090
(717) 582 -4006
Attorney for Plaintiff �Q
r ls
WRIT OF SUMMONS P�t7a 9
TO THE ABOVE NAMED DEFENDANTS:
Michael R. Swartz Red Circle Performance Pre Owned, LLC
1540 Spring Road 1540 Spring Road
Carlisle, PA 1.7013 Carlisle, PA 17013
You are hereby notified that,the above -named Plaintiff has commenced an action against
you.
Date: c� /.2 .0/13
V i
P OTHONOTARY, D D
NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
a Second Class Township, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
V. NO. 13 ` 3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC, CIVIL ACTION - LAW AND EQUITY
Respondents
RULE TO SHOW CAUSE
AND NOW, this K&L day of 9A,-- , 2013, upon consideration of
Petitioner's Petition for Injunctive Relief, a Rule is hereby issued upon Respondents to show
cause why the relief requested in Petitioner's Petition should not be granted.
Rule returnable in days.
BY THE COURT
ibution:
W. Allshouse,Esquire, 4833 Spring Road, Shermans Dale, PA 17090
Karl Rominger,Esquire, 155 South Hanover Street, Carlisle, PA 17013
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NORTH MIDDLETON TOWNSHIP : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 13-3815 CIVIL TERM
MICHAEL R.SWARTZ and
RED CIRCLE PERFORMANCE
PRE-OWNED LLC : CIVIL ACTION - LAW AND EQUITY
Defendant
ANSWER TO RULE TO SHOW CAUSE AND NEW MATTER
AND NOW, comes Michael R.Swartz, and Red Circle Performance Preowned , LLC by and
through their counsel, Karl E. Rominger, Esquire and provides the following Answer to Rule to Show
Cause and New Matter:
1. Admitted.
2. Admitted.
3. Admitted. '
4. Admitted. -�
M
5. Admitted. r
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted. By way of further answer defendant was working with and cooperating with
township enforcement officers, and working towards compliance.
13. Admitted.
14. Denied.
15. Denied.Strict proof of the same is demanded.
16. Admitted.
17. Admitted.
18. Admitted.
19. Admitted.
20. Admitted.
21. Denied. Defendant was under the impression he could continue activities.
22. Denied. See 21.
23. Admitted, but see 21.
24. Admitted.
25. Admitted.
26. Admitted.
27. Admitted.
28. Admitted.
29. Admitted. By way of further answer Swartz is still attempting to comply.
30. Admitted. By way of an agreement with codes officers.
31. Admitted.
32. Admitted.
33. Denied. Substantial cleaning, beautifying, and attempts at compliance are on going.
34. Admitted.
35. Admitted. And the same is appreciated.
36. Admitted.
37. Admitted. Defendant risks insolvency if he ceases work, and many employees will lose their
jobs. A true hardship to defendant his employees and their dependents will occur if operations
cease pending resolution with the township.
38. A conclusion of law and request for relief which requires no answer.
39. A conclusion of law and request for relief which requires no answer.
40. A conclusion of law and request for relief which requires no answer. By way of further answer
the harm to the township is small versus the loss to Defendant.
41. Denied. Swartz does not have his previous location, and his business which is advertised by
patrons seeing and learning about it from driving by cannot be replaced.
42. Denied.
43. Denied.
44. Denied.
45. Admitted.
46. Denied.Strict proof demanded.
47. Admitted.
48. Admitted.
49. Admitted.
50. Admitted.
51. Admitted.
52. Admitted. Compliance was in the works.
53. See 52.
54. Admitted.
55. Admitted.
56. Admitted.
. '
57. Admitted.
58. Admitted.
59. Admitted.
60 Admitted.
61. Admitted.
62. Admitted,
| 63. Admitted. See previous hardships referenced in previous answers.
Q4. Admitted, Compliance isin the works.
b5. A conclusion of law and request for relief which requires noanswer. By way of further answer
the harm to the township b small versus the loss toDefendant.
66. A conclusion of law and request for relief which requires mpanswer. Bv way of further answer
the harm to the township is small versus the loss toDefendant,
67. A conclusion of law and request for relief which requires noanswer. 8y way of further answer
the harm to the township is small versus the loss toDefendant.
58. See 41.
69. Aconcuohnn of law and request for relief which requires noanswer. By way pf further answer
the harm to the township is small versus the loss tmDefendant.
70. A conclusion of law and request for relief which requires noanswer. By way of further answer
the harm to the township is small versus the loss toDefendant.
Wherefore Defendants request Plaintiff's request for relief be denied.
NEW MATTER
71. A great hardship will be worked on defendants if the business is shut down.
72. As is plead and shown by plaintiff,this business is many years old, and the owners, defendants,
employees and their respective dependents will all be harmed if the injunction is granted.
73. The basis for the denial of the plan was because a deed of consolidation was not filed on time,
and not for any substantive lack of compliance.
74. Defendants intend to continue attempting to comply, and come into compliance.
75. The status quo would still be for a business to operate,therefore injunctive relief would not
return anyone to the status quo.
76. The potential longer term damages to defendants are in excess of 1 million dollars if the
business is killed at its current location.
77. A hearing is demanded.
Wherefore Defendants request Plaintiff's request for relief be denied without hearing or after
hearing, but that no action be taken without a hearing.
Respectfully submitted,
ROMINGER&ASSOCIATES
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID#81924
Attorney for Defendant
Dated:August 7, 2013
a
NORTH MIDDLETON TOWNSHIP : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE-OWNED LLC CIVIL ACTION - LAW AND EQUITY
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Answer upon the
following by depositing same in the United States mail, postage prepaid and facsimile at Carlisle,
Pennsylvania, addressed as follows:
Mark Allshouse,Esquire
Christian Lawyers Solutions
4833 Spring Road
Shermans Dale,PA 17090
Via Fax: 717-582-7476
Respectfully submitted,
ROMINGER&ASSOCIATES
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717),241-6070
Supreme Court ID#81924
Attorney for Defendant
Dated:August 7, 2013
NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
a Second Class Township, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 13-3815 CIVIL TERM
r)
MICHAEL R. S WARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
CIVIL ACTION - LAW AND EQ
Defendants -�
REPLY TO NEW MATTER c? c c-
AND NOW, comes Plaintiff,North Middleton Township, by and.through its attorney;
Mark W. Allshouse, Esquire, and replies to Defendants' New Matter, as follows:
71. Denied. To the contrary, Defendant has continued,throughout his residency in
North Middleton Township,to operate in known violation of Township Ordinances despite being
found both civilly liable and criminally guilty of violations of various Zoning and Land
Development Ordinances in the Township. By way of further response, the Township is merely
requesting an injunction in operation of the business until such time as Defendants comply with
Township Ordinances which, according to Defendants' Response, they are continuing to do.
Defendants' hardship will be limited only to Defendants' effort applied to complying with
Township Ordinances.
72. Denied. To the contrary, the current business, Red Circle Performance Pre
Owned, LLC is not many years old and was only registered with the Department of State on June
29, 2010. Red Circle has not operated at its current location with its current assets until after
2010. By way of further response, the operation by Swartz at the prior location was an illegal
activity.
73. Denied. The failure to file a Deed of Consolidation was only one condition
among many which Defendants were required to complete for approval of the Plan. To date,
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Defendants have had over six months to complete a Deed of Consolidation and have made no
effort to come into compliance. By way of further response, Defendants have continued to
expand the business and build without permits even after having the Zoning Permit revoked and
Plan denied.
74. Denied. To the contrary, Defendants have had since January 2013 to show
continued compliance by merely filing a Deed of Consolidation, which Defendants failed to do.
By way of further response, Defendants have continued to expand the business in violation of
North Middleton Township Ordinances and Defendants' actions show that Defendants have
continued to violate North Middleton Township Ordinance by expansion of the business without
permits or approval.
75. Denied. The status quo in the instant situation is that neither properties are
approved for operation of a business, expansion, construction without permit, grading or
otherwise development without proper Township permitting and approval. By way of further
response, allowing Defendants to continue to operate the business without coming into
compliance with Township regulations would not create status quo as the business is newly
formed and has never operated in compliance with Township Ordinances.
76. Denied. To the contrary, Defendants have taken no action to come into
compliance with North Middleton Township Ordinance. The purpose of the injunction is to shut
down the business until such time as Defendants can come into compliance with North
Middleton Township Ordinances. By way of further response,North Middleton Township has
not asked for a permanent injunction.which would completely end Defendants' business, but is
only asking for an injunction until such time as Defendants can obtain the proper permits and
come into compliance.
77. Admitted.
WHEREFORE, Plaintiff respectfully requests that the injunctive relief be granted as set
forth in Plaintiffs Petition for Injunctive Relief.
Respectfully submitted,
Date:
M rk W. Allshouse, squire
A orney ID # 78014
48 3 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
VERIFICATION
of North Middleton Township,
verify that the statements in the originally-filed Petition for Injunctive Relief and this Reply to
New Matter are true and correct to the best of my knowledge, information and belief under
penalties of 18 Pa. C.S.A. Section 4904,relating to unsworn falsification to authorities.
NORTH MIDDLETON TOWNSHIP
Date:
By: <
Title:
CERTIFICATE OF SERVICE
1,Mark W. Allshouse, Esquire,hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in the United States Mail, first-
class,postage prepaid,as follows:
Karl Rominger,Esquire
155 South Hanover Street
Carlisle,PA 17013
Respectfully submitted,
Date: wmx4m�
ark W. Allsho c', Esquire
Attorney ID 7(OI 4
4833 Spring Road
Shermans Dale,PA 17090
(717) 582-4006
Attorney for Plaintiff
NORTH MIDDLETON IN THE COURT OF COMMON PLEAS OF
TOWNSHIP, a Second Class CUMBERLAND COUNTY, PENNSYLVANIA
Township,
Petitioner
V. CIVIL ACTION—LAW
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE-OWNED, LLC,
Respondents NO. 13-3815 CIVIL TERM
IN RE: PETITION FOR INJUNCTIVE RELIEF
ORDER OF COURT
AND NOW, this 27th day of September, 2013, upon consideration of the Petition
for Injunctive Relief, Respondents' Answer to Rule To Show Cause and Matter, and
Petitioner's Reply to New Matter, a hearing is scheduled for Tuesday, October 22, 2013,
at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
Christ ee L. Peck, J.
Mark W. Allshouse, Esq. ;
4833 Spring Road r-"n i
Shermans Dale, PA 17090 1
Attorney for Petitioner
✓Karl Rominger, Esq. Ql a?
155 South Hanover Street
Carlisle, PA 17013
Attorney for Respondents
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Mark W. Allshouse, Esquire
Attorney ID#78014
4833 Spring Road 2G C 3 OCT 22 A i r
Shermans Dale, PA 17090 J. c
(717)582-4006 CUMBERLAND I :;•: k
Attorney for Plaintiff PENNSYLVANIA'
NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS
a Second Class Township, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO.. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and •
RED CIRCLE PERFORMANCE •
PRE OWNED, LLC, : CIVIL ACTION - LAW AND EQUITY
Defendants
MOTION FOR CONTINUANCE •
AND NOW, comes Plaintiff, North Middleton Township, by and through its counsel,
Mark W. Allshouse, Esquire and respectfully files the following joint Motion for Continuance on.
behalf of all parties:
1. On or about July 2, 2013 Plaintiff filed a Petition for Injunctive Relief and Rule to
Show Cause.
2. Thereafter, on or about July 8, 2013 a Rule to Show Cause was issued upon
Defendants to show cause why the relief sought by Plaintiff should not be granted.
3. Thereafter, on or about August 7, 2013 Defendants filed an Answer to Rule to
Show Cause with New Matter.
4. Subsequently, Plaintiff filed its Reply to New Matter on August 14, 2013
requesting a hearing on the Petition.
5. Currently, there is a hearing scheduled for October 22, 2013 at 3:00 p.m. before
the Honorable Judge Peck.
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6. The parties have been discussing possible solutions and believe that they may be
able to reach a Joint Stipulation for entry as an Order by the Court.
7. In order to have adequate time to prepare the details of such Stipulation and for
the Board of Supervisors to meet and agree to said Stipulation, the parties seek additional time
from the Court.
8. As a result of the foregoing, the parties believe that it would be judicially efficient
to continue the hearing to allow the parties the opportunity to attempt to resolve the matter
without taking unnecessary Court time.
9. The parties request that the hearing be continued and respectfully request Court
Administration to attempt to coordinate the rescheduled hearing with counsel as some witnesses
and counsel have scheduled vacations during the months of November and early December.
10. This is a joint Motion being filed with the consent of counsel for Defendants.
WHEREFORE, the parties respectfully request this Honorable Court to continue the
above-referenced hearing to allow them time to attempt to enter into a Joint Stipulation.
Respectfully submitted,
Date: /0/12/2`3 -
ark W. Allshouse, ' squire
Attorney ID # 7801
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
4
CERTIFICATE OF SERVICE
•
I hereby certify that a copy of the foregoing document has been duly served upon the
following, by depositing a copy of the same in the United States Mail, first-class,postage
prepaid, as follows:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Respectfully submitted,
•
Date: (3
:r W. Allshouse, .quire
• orney I.D. # 7801'
4:33 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
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NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
a Second Class Township, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC, CIVIL ACTION - LAW AND EQUITY
Defendants
ORDER OF COURT
AND NOW, this ��I'1� _ day of J-6 � , 2013, upon
consideration of the parties'joint Motion for Continuance, it is hereby ORDERED that the
matter is continued and that a new hearing date is scheduled for the /,d day of
,20)q
26 at 'V'P.m. in Courtroom No.
BY THE COURT
J.
D' ribution:
W. Allshouse, Esquire, 4833 Sprir:g Road, Shermaus Dale, PA 17090
arl Rominger, Esquire, 155 South Hanover Street, Carlisle, PA 17013
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NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS
a Second Class Township, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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v. NO. 13-3815 CIVIL TERM f'f; r ry
MICHAEL R. SWARTZ and •
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RED CIRCLE PERFORMANCE
PRE OWNED, LLC, : CIVIL ACTION - LAW AND EQUITY
Defendants
STIPULATION OF THE PARTIES
AND NOW, comes Plaintiff,North Middleton Township, by and through its attorney,
Mark W. Allshouse, Esquire and Defendants, Michael R. Swartz and Red Circle Performance
Pre Owned, LLC by and through their attorney, Karl E. Rominger, Esquire, and respectfully
stipulate to the following:
I. BACKGROUND
1. On or about July 2, 2013 Plaintiff filed a Petition for Injunctive Relief requesting
a Court Order requiring Defendant to cease and desist any operation of business on two parcels
of real property respectively known as 1540 and 1542 Spring Road until such time as Defendants
could obtain proper zoning permits and come into compliance with all relevant Ordinances under
the North Middleton Township Zoning and Subdivision and Land Development Ordinances.
2. Thereafter, on or about August 7, 2013 Defendants jointly filed an Answer to
Plaintiff's Petition.
3. The parties wish to resolve their disputes by this Stipulation without the need for
hearing or further litigation and jointly agree that this Stipulation shall be entered of record as a
Stipulated Order by the presiding judge in the Court of Common Pleas of Cumberland County
and shall be enforceable as any other Court Order.
II. TIMELINE FOR COMPLIANCE
4. Within forty five (45) days of the entry of this Stipulation as an Order of Court,
Defendants shall submit for review a Subdivision and Land Development Plan or other plan
subject to approval by the Supervisors which would bring the property into full compliance with
the Township Code for the current operation at 1540 and 1542 Spring Road,North Middleton
Township, Cumberland County, and shall therewith pay all application fees, past due review fees
and current review escrow fees to initiate Township review of said Plan.
5. Defendants shall file application for zoning permits for 1540 and 1542 Spring
Road, North Middleton Township, Cumberland County, and pay all applicable application fees
and immediately comply with all steps necessary in order to obtain those permits.
1
•
6. Within thirty(30) days of entry of this Stipulation as an Order of Court,
Defendants shall submit applications for building permits and pay all fees associated therewith
for inspection of the building improvements made to the existing garage/shed located on the
boundary between 1540 and 1542 Spring Road and shall make all changes and/or correct any
deficiencies necessary to obtain occupancy permits for those improvements.
7. It is understood by the parties that approval of the Subdivision and Land
Development Plan shall be per the Municipalities Planning Code and, therefore, the timing for
subsequent steps required by Defendants will be determined by the date when Defendants'
Subdivision and/or Land Development Plans may be approved by North Middleton Township.
8. Nothing in this Stipulation guarantees approval by North Middleton Township if
the Plans are not in compliance with Township Ordinance.
9. Following a successful approval of an Subdivision and Land Development Plans,
Defendants shall have thirty(30) days to meet any conditions of the approval including,but not
limited to,bonding, Deeds of Consolidation, etc. and to pay all outstanding review fees due to
North Middleton Township as a result of the reviews by engineering and legal of the Plan.
10. Defendants shall make application for any conditions of approval which require
outside agencies within thirty(30) days of execution of this document. However, those
approvals which are conditions to the Plan approval shall not be regulated by the thirty(30) day
requirement set forth in paragraph 9 herein as timing of the outside agency's approval is beyond
the control of either party.
11. Upon receipt of any approvals from outside agencies, Defendants shall have thirty
(30) days in which to comply with all remaining conditions including,but not limited to, Deed
consolidations, establishment of proper bonding and recording of the Plan or Plans.
12. Following approval of the Plan and meeting of all conditions, Defendants shall
have six (6) months in which to build a new structure and obtain an occupancy permit therefore
and completely cease commercial operation within the current garage/shed located on the /Vie
boundary line of 1540 and 1542 Spring Road_fi-6 f he c?‘ "-a-{ r—ep,,,eJ 4 -f 4 9,47
13. Defendants shall have six (6) months in which to complete all stormwater,
grading, landscaping and site improvements pursuant to the Plans.
14. Defendants shall thereafter operate in full compliance with all state, federal and
local ordinances and shall obtain all necessary permits and only make such improvements as
shown on the approved Subdivision and Land Development Plans.
III. ENFORCEMENT
15. Should Defendants fail to meet any of the conditions set forth in II above or fail to
obtain proper zoning or building permits, or an approved Subdivision/Land Development Plan,
upon Petition and Affidavit of North Middleton Township, including supporting documentation,
2
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the Court shall immediately enter an Order of Injunction requiring Defendants to cease and desist
all commercial operations on the properties, remove all commercial inventory, cars, parts, stock
and the like, and remove all commercial signage until such time as Defendants have come into
compliance with this Stipulated Order and all state, federal and local ordinances applicable.
16. In addition, should North Middleton Township be required to take additional
action to petition for the injunction due to Defendants' failure to comply with this Stipulated
Order, North Middleton Township shall be entitled to their actual costs, including professional
review fees, attorney's fees, filing fees and any service fees actually incurred.
The parties hereby intend to be legally bound by this Stipulation and fully intend this to
be an enforceable Order of Court and hereby execute this document as evidence thereof.
Date: L I 741,&.S -
Michael R. Swartz
RED CIRCLE PERFORMANCE PRE OWNED, LLC
Date: i I ilif
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By: Michael R. Swa
Date: 1 ) 111 `f
Karl E. Rominger, Esquire, attorney for Defendants
NORTH MIDDLETON TOWNSHIP
Date: //20/1q �i °`
By: Harry Kelso, Chairman
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Date: 1 I q . deo/A41�
1 2� M W. Allshouse, Esqu' e, attorney for Plaintiff
3
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NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS
a Second Class Township, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
•
v. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and •
RED CIRCLE PERFORMANCE :
PRE OWNED, LLC, : CIVIL ACTION - LAW AND EQUITY
Defendants
ORDER OF COURT
AND NOW, this - /.Ice day of January, 2014, the parties having agreed upon terms
to resolve the pending matter and entered into the attached Stipulation of the Parties, it is hereby
ORDERED and DECREED as follows:
1. The Stipulation of the parties shall forthwith be entered as an Order of Court and
compliance therewith shall be enforceable as an Order of Court.
2. Following entry of this Order and Stipulation of the Parties, the matter shall be
hereby marked settled and discontinued.
3. The hearing set for January 21, 2014 at 3:00 p.m. in Courtroom No. `�L. --r
g Y
Cumberland County Courthouse, being not necessary, is cancelled. �'�� ttv YJ 1
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BY THE COURT °°
n;/J
he H. 'odir•le Christylee
Di ibution:
ark W. Allshouse, Esquire, 4833 Spring Road, Shermans Dale, PA 17090
-Karl Rominger, Esquire, 155 South Hanover Street, Carlisle. PA 17013
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Mark W. Allshouse, Esquire
Attorney ID # 78014
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiffs
L10--OFF(CE
OF ME PROTHONOTARY
2011i MAR a PM 14: 2 I
CUMBERLAND COUNTY
PENNSYLVANIA
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
v.
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 13-3815 CIVIL TERM
:
CIVIL ACTION - LAW AND EQUITY
Defendants
PETITION FOR ENFORCEMENT OF COURT ORDER
AND NOW comes North Middleton Township, by and through its attorney, Mark W.
Allshouse, Esquire and respectfully files the following Petition for Injunctive Relief and in
support thereof aver as follows:
1 On or about July 2, 2013 Plaintiff filed a Petition for Injunctive Relief requesting
a Court Order requiring Defendant to cease and desist any operation of business on two parcels
of real property respectively known as 1540 and 1542 Spring Road until such time as Defendants
could obtain proper zoning permits and come into compliance with all relevant Ordinances under
the North Middleton Township Zoning and Subdivision and Land Development Ordinances.
2. Thereafter, on or about August 7, 2013 Defendants jointly filed an Answer to
Plaintiff s Petition.
3 On or about January 20, 2014 Plaintiff and Defendants entered into a Stipulation
setting forth specific time periods and a specific timeline for actions to be taken to comply with
North Middleton Township Zoning, Subdivision and Land Development Ordinances.
4. That Stipulation was executed by the parties and their counsel and was requested
to be entered as an Order of Court.
5. The Stipulation was entered as an Order of Court on January 22, 2014, which
Order specifically made compliance enforceable by this Court. A true and correct copy of the
Order together with the executed Stipulation are jointly attached hereto and made a part hereof as
Exhibit "A".
6. The Order of Court was distributed to both Plaintiff and Defendants.
7. Following the initial Order of Court, Defendant, Michael R. Swartz, both
individually and as owner of Defendant Red Circle Performance Pre Owned, LLC contacted the
Township to discuss what information was required by the Township to move forward pursuant
to the Stipulation.
8. On or about February 13, 2014, in order to be sure there was no deadline timing
confusion, the undersigned counsel sent to Karl Rominger, Esquire, counsel for Defendants, a
letter calculating, tabulating and setting forth in bold the deadlines which needed to be completed
by Defendants. A true and correct copy of the letter is attached hereto and made a part hereof
marked as Exhibit "B".
9. The first deadline was February 21, 2014.
10. On February 21, 2014, Defendant, at 4:00 o'clock p.m. (the close of business)
came to the Township with less than adequate information to comply with the requirements of
the Stipulated Order. However, the Township accepted the information in an effort to work with
Defendants and has been processing that incomplete information.
11. Defendants' second deadline was March 10, 2014.
12. On March 7, 2014, Defendant went to the Township to argue why he should not
be required to meet the March 10, 2014 deadline and provide the Subdivision / Land
Development Plans which he had previously agreed to provide per the Stipulation.
2
13. The March 10, 2014 deadline came and went without any submissions required
by paragraph 4 of the parties' Stipulation.
14. As a result, Defendants have failed to meet the conditions of the parties'
Stipulation.
15. Paragraph 15 of the Stipulation states:
Should Defendants fail to meet any of the conditions set forth in II above
or fail to obtain proper zoning or building permits, or an approved
Subdivision/Land Development Plan, upon Petition and Affidavit of North
Middleton Township, including supporting documentation, the Court shall
immediately enter an Order of Injunction requiring Defendants to cease
and desist all commercial operations on the properties, remove all
commercial inventory, cars, parts, stock and the like , and remove all
commercial signage until such time as Defendants have come into
compliance with the Stipulated Order and all state, federal and local
ordinances applicable.
16. The Affidavit of Rod Borda, North Middleton Township Planning and Codes
Department, is attached hereto and made a part hereof as Exhibit "C" confirming that no
Subdivision or Land Development Plans or other Plans subject to the Board of Supervisors have
been received by North Middleton Township as of the date of filing of this Petition, nor have any
past due review fees or escrow fees been provided.
17. Paragraph 16 of the Stipulation of the Parties provides that North Middleton
Township shall be reimbursed for any attorney's fees, costs and professional fees which result
from the necessity of filing this instant Petition.
18. The undersigned has incurred Five Hundred Dollars ($500) in fees which North
Middleton Township is seeking reimbursement.
3
19. Petitioners are requesting the Court to immediately enter the attached Order in
conformance with the enforcement provisions of the Stipulation executed by the parties and their
counsel.
Date: 5/01/Y
4
Respectfully submitted,
ark W. Allshous , Esquire
Attorney ID # 781 4
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
Exhibit
ll
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
: CIVIL ACTION - LAW AND EQUITY
ORDER OF COURT
AND NOW, this ,.12.4-54clay of January, 2014, the parties having agreed upon terms
to resolve the pending matter and entered into the attached Stipulation of the Parties, it is hereby
ORDERED and DECREED as follows:
1. The Stipulation of the parties shall forthwith be entered as an Order of Court and
compliance therewith shall be enforceable as an Order of Court.
2. Following entry of this Order and Stipulation of the Parties, the matter shall be
hereby marked settled and discontinued.
a
3. The hearing set for January 21, 2014 at 3:00 p.m. in Courtroom No. ti
=Fri
=.=
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57.
.7.1C
Cumberland County Courthouse, being not necessary, is cancelled.
BY THE COURT
CZ
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COT
e Honorable
Distribution:
Mark W. Allshouse, Esquire, 4833 Spring Road, Shermans Dale, PA 17090
Karl Rominger, Esquire, 155 South Hanover Street, Carlisle, PA 17013
stylee L. Peck
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
,
: CIVIL ACTION - LAW AND EQ'
STIPULATION OF THE PARTIES
_ - -
AND NOW, comes Plaintiff, North Middleton Township, by and through its attorney,
Mark W. Allshouse, Esquire and Defendants, Michael R. Swartz and Red Circle Performance
Pre Owned, LLC by and through their attorney, Karl E. Rominger, Esquire, and respectfully
stipulate to the following:
I. BACKGROUND
1. On or about July 2, 2013 Plaintiff filed a Petition for Injunctive Relief requesting
a Court Order requiring Defendant to cease and desist any operation of business on two parcels
of real property respectively known as 1540 and 1542 Spring Road until such time as Defendants
could obtain proper zoning permits and come into compliance with all relevant Ordinances under
the North Middleton Township Zoning and Subdivision and Land Development Ordinances.
2. Thereafter, on or about August 7, 2013 Defendants jointly filed an Answer to
Plaintiff's Petition.
3. The parties wish to resolve their disputes by this Stipulation without the need for
hearing or further litigation and jointly agree that this Stipulation shall be entered of record as a
Stipulated Order by the presiding judge in the Court of Common Pleas of Cumberland County
and shall be enforceable as any other Ccurt Order.
II. TIMELINE FOR COMPLIANCE
4. Within forty five (45) days of the entry of this Stipulation as an Order of Court,
Defendants shall submit for review a Subdivision and Land Development Plan or other plan
subject to approval by the Supervisors which would bring the property into full compliance with
the Township Code for the current operation at 1540 and 1542 Spring Road, North Middleton
Township, Cumberland County, and shall therewith pay all application fees, past due review fees
and current review escrow fees to initiate Township review of said Plan.
5. Defendants shall file application for zoning permits for 1540 and 1542 Spring
Road, North Middleton Township, Cumberland County, and pay all applicable application fees
and immediately comply with all steps necessary in order to obtain those permits.
1
6. Within thirty (30) days of entry of this Stipulation as an Order of Court,
Defendants shall submit applications for building permits and pay all fees associated therewith
for inspection of the building improvements made to the existing garage/shed located on the
boundary between 1540 and 1542 Spring Road and shall make all changes and/or correct any
deficiencies necessary to obtain occupancy permits for those improvements.
7. It is understood by the parties that approval of the Subdivision and Land
Development Plan shall be per the Municipalities Planning Code and, therefore, the timing for
subsequent steps required by Defendants will be determined by the date when Defendants'
Subdivision and/or Land Development Plans may be approved by North Middleton Township.
8. Nothing in this Stipulation guarantees approval by North Middleton Township if
the Plans are not in compliance with Township Ordinance.
9. Following a successful approval of an Subdivision and Land Development Plans,
Defendants shall have thirty (30) days to meet any conditions of the approval including, but not
limited to, bonding, Deeds of Consolidation, etc. and to pay all outstanding review fees due to
North Middleton Township as a result of the reviews by engineering and legal of the Plan.
10. Defendants shall make application for any conditions of approval which require
outside agencies within thirty (30) days of execution of this document. However, those
approvals which are conditions to the Plan approval shall not be regulated by the thirty (30) day
requirement set forth in paragraph 9 herein as timing of the outside agency's approval is beyond
the control of either party.
11. Upon receipt of any approvals from outside agencies, Defendants shall have thirty
(30) days in which to comply with all remaining conditions including, but not limited to, Deed
consolidations, establishment of proper bonding and recording of the Plan or Plans.
12. Following approval of the Plan and meeting of all conditions, Defendants shall
have six (6) months in which to build a new structure and obtain an occupancy permit therefore
and completely cease commercial operation within the current garage/shed located on the k
boundary line of 1540 and 1542 Spring Road.. 4-1,_ Iret If , fAIS
13. Defendants shall have six (6) months in which to complete all stormwater,
grading, landscaping and site improvements pursuant to the Plans.
14. Defendants shall thereafter operate in full compliance with all state, federal and
local ordinances and shall obtain all necessary permits and only make such improvements as
shown on the approved Subdivision and Land Development Plans.
ENFORCEMENT
15. Should Defendants fail to meet any of the conditions set forth in II above or fail to
obtain proper zoning or building permits, or an approved Subdivision/Land Development Plan,
upon Petition and Affidavit of North Middleton Township, including supporting documentation,
2
the Court shall immediately enter an Order of Injunction requiring Defendants to cease and desist
all commercial operations on the properties, remove all commercial inventory, cars, parts, stock
and the like , and remove all commercial signage until such time as Defendants have come into
compliance with this Stipulated Order and all state, federal and local ordinances applicable.
16. In addition, should North Middleton Township be required to take additional
action to petition for the injunction due to Defendants' failure to comply with this Stipulated
Order, North Middleton Township shall be entitled to their actual costs, including professional
review fees, attorney's fees, filing fees and any service fees actually incurred.
The parties hereby intend to be legally bound by this Stipulation and fully intend this to
be an enforceable Order of Court and hereby execute this document as evidence thereof.
Date:
Date:
Date:
Date: //20, I LI
Date: 41/(4
MiW1.. Swartz
RED CIRCLE PERFORMANCE PRE OWNED, LLC
By: Michael R. Swartz
Karl E. Rominger, Esquire, attorney for Defendants
NORTH MIDDLETON TOWNSHIP
By: Harry Kelso, Chairman
14-
k W Allshouse, 1Esquire, attorney for Plaintiff
3
Exhibit "B"
4 u 0
February 13, 2014
Mark W. Alishouse, Esquire
4833 Spring Road • Shermans Dale, PA 17090 • p. 717.5824006 • f 717.582.7476
e. mark@christianlawyersolutions.com • i. christianlawyersolutions.com
VIA FACSIMILE (241-6878)
CONFIRMED U.S. MAIL
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Re: North Middleton Township v. Swartz
Cumberland County No. 13-3815
Dear Karl:
Based upon the Court's Order of January 22, 2014, the applicable time limits for this
matter are as follows:
Submission for review of a Subdivision and Land Development Plan or other Plan
subject to approval by the Board of Supervisors which would bring the property in compliance
with Township Code for both 1540 and 1542, together with all application fees, past due review
fees and current review escrow fees: March 8, 2014. (Because March 8, 2014 is a weekend,
legally he should be entitled to close of business March 10, 2014.)
Submission of application for building permits and pay fees associated therewith for
inspection of building improvements made at the existing garage/shed location on the boundary
of 1540 and 1542 and make all changes and/or correct any deficiencies necessary to obtain
occupancy permits for those improvements: February 21, 2014.
Defendant shall make application for any conditions of approval which may require
outside agencies, i.e., PennDOT, DEP, etc.: February 21, 2014.
If Mr. Swartz is successful in obtaining an approval of the Subdivision and Land
Development Plans, the following time lines shall apply:
1. He shall have 30 days to meet any conditions of Plan approval including,
but not limited to, bonding, Deeds of Consolidation and outstanding review fees.
2. If Defendant receives approval from outside agencies, he shall have 30
days to comply with any remaining conditions following the approval of the outside
agency.
3. Following approval of the Plan and meeting all conditions, Defendant has
6 months to build the new structure to the extent required by the Plan.
4. Following approval of the Pleb and all conditions, Mr. Swartz has 6
months to complete all stormwater, grading, landscaping and site improvements.
Mr. Rominger
Page 2 of 2 February 13, 2014
Further, depending on the type of use that Mr. Swartz may be applying for, other zoning
requirements may apply, such as variances, special exceptions, conditional uses, etc. I was
advised by Mr. Swartz's engineer, Grant Marshall, that as of the end of January, Mr. Swartz still
had not contacted him to begin moving on this matter.
In addition, if Mr. Swartz has a specific question, the Township staff will be more than
willing to assist him. However, it is the Township's policy not to provide advice to any developer
as to zoning and land development requirements specifically set forth in North Middleton
Township Code. Should you still require a meeting following this letter, please contact the
Codes Officer, Rod Borda, directly to schedule the same.
Certainly feel free to contact me should you have any questions.
Very truly yours,
00121tae_
k W. Allshou e
MWA/sa
cc: Deborah A. Ealer, Township Manager
Exhibit "C"
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
v.
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 13-3815 CIVIL TERM
: CIVIL ACTION - LAW AND EQUITY
AFFIDAVIT
I, Rod Borda, of North Middleton Township Planning and Codes Department, the individual
responsible for receiving subdivision and land development plans and review fees, hereby swear and
affirm that as of the date of execution of this notarized Affidavit as set forth below, North Middleton
Township has received no new or revised subdivision and land development plans or other plans
subject to approval of the Board of Supervisors for Defendants' property. In addition, North Middleton
Township has not received any application fees, past due or current review fees for reviewing these.
In fact, all that North Middleton Township has received with regard to this subdivision is an
argument by Defendant as to why he should not have to submit these plans, which discussion
occurred with Defendant prior to the deadline on March 7, 2014, evidencing Defendants' knowledge of
the said deadline and requirements thereof.
I make these ascertains the best of my knowledge, information and belief under penalties of
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date:
Subscribed anJ sworn before
me on Ck\t1 , 2014.
No
ary Public
NOT ARIAL SEAL
ANNETTE M. MCKILLIP NTY, PA
, NOTARY PUBLIC
N. MIDDLETON T1NP., CUMBERLAND COU
MY COMMISSION EXPIRES MARCH 17, 2017
Rod Borda
North Middleton Township
Planning/Codes Department
CERTIFICATE OF SERVICE
I, Mark W. Allshouse, Esquire, hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in the United States Mail, first-
class, postage prepaid, as follows:
Date: Sp 30
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Respectfully submitted,
ark W. Allshouse, squire
Attorney ID # 780
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
CIVIL ACTION — LAW AND EQUITY
v. No. 13 -3815
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
NOTICE TO PLEAD
TO: NORTH MIDDLETON TOWNSHIP, Plaintiff,
YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty
days after service of this Answer and New Matter.
Date: March 18, 2014
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
Sean M. Shultz, Esquir
Attorney ID No. 90946
26 W. High Street
Carlisle, Pennsylvania 17013
(717) 243 -6222
Attorney for Defendants
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
CIVIL ACTION — LAW AND EQUITY
v. No. 13-3815
•
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
ANSWER AND NEW MATTER TO PETITION FOR ENFORCEMENT OF
COURT ORDER
AND NOW, this
th- day of March, 2014, come Defendants, Michael R. Swartz,
and Red Circle Performance Pre Owned, LLC, by and through their attorney, Sean M. Shultz,
Esquire, and file the following Answer and New Matter to Petition for Enforcement of Court
Order and in support thereof aver as follows:
1 Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Defendants are without sufficient knowledge or information necessary to
admit or deny the allegations set forth in Paragraph 8. Defendants have never seen the letter
attached as Exhibit "B" to the Petition, and Defendants' counsel, Karl Rominger, Esquire,
has never contacted Defendants to discuss the letter.
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
9. Admitted.
10. It is denied that Defendants provided less than adequate information to
comply with the requirements of the Stipulated Order.
11. Admitted.
12. It is admitted that on March 7, 2014, Defendant, Michael R. Swartz went to
the Township to claim that he may not need a Subdivision or Land Development Plan. It is
denied that Defendant, Michael R. Swartz previously agreed to provide a Subdivision or
Land Development Plan per the Stipulation.
13. Admitted.
14. Admitted.
15. No responsive pleading is necessary to Paragraph 15 of the Petition. The
Stipulation speaks for itself.
16. It is admitted that the Affidavit of Ron Borda, North Middleton Township
Planning and Codes Department, is attached to the Petition and made a part thereof as
Exhibit "C" confirming that no Subdivision or Land Development Plans or other Plans
subject to the Board of Supervisors have been received by North Middleton Township as of
the date of filing of the Petition. It is admittedthat no past due review fees or escrow fees
have been provided to the Township. By way of further answer, Defendants did provide a
plan to the Township. Also, Solicitor Allshouse had been informed by undersigned counsel
that Defendants were attempting to obtain funds to pay all past due review fees and escrow
fees, and to pay all fines due to the Magisterial District Judge in full. Defendants were able
to obtain those funds, and paid the Magisterial District Judge fines and provided sufficient
funds to undersigned counsel to pay all past due review fees and escrow fees.
Law Offices of
Saidis
Sullivan
Sr. Rogers
26 West High Street
Carlisle, PA 17013
17. Admitted. By way of further answer, Solicitor Allshouse had been informed
by undersigned counsel that Attorney Rominger had not been responding to communications
from Defendants for more than a month. Solicitor Allshouse was also aware that
undersigned counsel had become involved since Attorney Rominger's current legal
predicament had been made public. Undersigned counsel had requested a thirty day
extension of the Stipulation, and if Plaintiff had agreed to that extension all attorney fees,
costs and professional fees incurred by Plaintiff would have been avoided.
18. Defendants are without sufficient knowledge or information to admit or deny
whether Solicitor Allshouse incurred Five Hundred Dollars ($500.00) in fees.
19. It is admitted that Plaintiffs are requesting the relief set forth in paragraph 19
of the Petition. Defendants believe that it would be inequitable to provide Plaintiff with the
requested relief due to the allegations set forth in this Answer and New Matter.
NEW MATTER
20. Paragraphs one through twenty are incorporated herein by reference.
21. Defendants had been relying on Attorney Rominger for his guidance on how
to proceed with the development of proper plans.
22. Attorney Rominger has failed to communicate with Defendants when
Defendants have repeatedly contacted him to receive legal counsel on the steps necessary to
comply with the Stipulated Order.
23. A meeting was scheduled on February 11, 2014, which the parties, and
Attorney Rominger were to attend in order to reach an understanding regarding what would
be specifically needed per the Stipulated Order.
24. Attorney Rominger failed to show up for the meeting on February 11, 2014.
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
25. Officials from North Middleton Township cancelled the February 11, 2014
meeting before it commenced due to the failure of Attorney Rominger to attend.
26. When Defendants read the news regarding Attorney Rominger's legal
predicament, they began to seek alternate counsel.
27. Defendant, Michael R. Swartz contacted undersigned counsel on March 10,
2014, and undersigned counsel immediately left a message for Solicitor Allshouse.
28. Solicitor Allshouse returned the call of undersigned counsel on March 11,
2014, and they discussed Defendants' intent to request an extension of the times under the
Stipulated Order.
29. Solicitor Allshouse indicated that he could not agree to an extension of time
under the Stipulated Order unless it was ordered by Court.
30. Undersigned counsel had an initial office conference with Defendant, Michael
R. Swartz, on March 11, 2014.
31. Within three days of the March 11, 2014 conference with undersigned counsel
to receive legal advice, Defendants were able to obtain funding sufficient to pay in full all
past due fees and escrow fees to the Township plus all magisterial district fines connected
with the instant matter.
32. Undersigned counsel made Solicitor Allshouse aware on March 12, 2014, that
Defendants were preparing to pay all fines and provide sufficient funds to undersigned
counsel to pay past due fees and escrow fees to the Township.
33. By letter on March 14, 2014, a copy of which is attached hereto and made a
part hereof as Exhibit "A," undersigned counsel confirmed that all fines had been paid and
sufficient funds had been received by undersigned counsel to pay all past due fees and
escrow fees to the Township. The funds are being held in trust by undersigned counsel's
firm.
34. Undersigned counsel was unaware at the time of the above-referenced March
14, 2014 letter to Solicitor Allshouse that Solicitor Allshouse had already filed the instant
Petition.
35. Immediately after obtaining legal advice from legal counsel, Defendants acted
in good faith and are now prepared with an understanding on how to proceed to comply with
the Stipulated Order.
WHEREFORE, Defendants request that this Honorable Court enter an Order
providing them with a thirty day extension from the date of the Order to comply with the
Stipulated Order.
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
SAT SUL•IVAN.-& ROGERS
ean M. Shultz, Esqui
Attorney ID No. 90946
26 W. High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
•NORTH MIDDLETON TOWNSHIP,
• a Second Class Township,
Plaintiff
CIVIL ACTION — LAW AND EQUITY
v. No. 13-3815
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
VERIFICATION
I VERIFY that the statements set forth in the foregoing Answer and New Matter to
Petition for Enforcement of Court Order are true and correct to the best of my knowledge,
information and belief. 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: March 0 , 2014
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
Michael R. Swartz, individually and for
Red Circle Performance Pre Owned, LLC
Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
ROBERT C. SAIDIS
DANIEL L SULLIVAN
EL'YSE E. ROGERS
JOHN A. FEICHTEL
MARYLOU MATAS
ANNA 13ORRO HAYS
DEAN E. REYNOSA
TODD P, TRUNTZ
SEAN M, SHULTZ
HANNAH WHITE-GE3SON
Law Offices of
SAIDIS, SULLIVAN & ROGERS
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorneyassr-attorneys.com
www,osr-attorneye,tom
March 14, 2014
VIA FACSIMILE ONLY (582-7476)
Mark W. Allshouse, Esquire
4833 Spring Road
Shermans Dale, Pennsylvania 17090
RE: North Middleton Township v. Michael R. Swartz, et al.
Cumberland County Civil Action No, 13-3815
Dear Attorney Allshouse:
LEMOYNE OFFICE:
635 NORTH 12Tm STREET, STE, 400
LEMOYNE, PA 17093
TELEPHONE: (717)612-5800
FACSIMILE: (717)612-5805
Of Counsel
STEPHEN L. GROSE
REPLY TO CARLISLE
Attached please find a fax from my client that includes correspondence from the
Township with the total fees due and a statement from the Magisterial District Judge that shows
that my client has paid those fines in full. My client has deposited with my firm funds that are
sufficient to cover the past due and prospective fees that would be payable to the Township. We
expect those funds to clear within the next couple of days. Based on my conversation with you
on March 12, 2014, I am asking that you inform the Township Supervisors of my client's good
faith effort to secure a thirty-day extension of his time to submit a plan. Please contact me at
your earliest convenience,
Very truly yours,
SAIDIS, SULLIVAN & ROGERS
J41
114,0-
Sean M. Shultz
DICTATED BUT NOT READ
SMS/dmh
Attachment
cc: Michael R. Swartz
03/12/14 0157AM HPFAX Page 2
NORTH
IDDLETO
OWNSHI
NORTH MIDDLETON TOWNSHIP
March 12, 2014
r• ,''1,:5 7,0,4 HP50 Paget
Mike Swartz
1540 84 1342 Spriwg Read
Carlisle, PA *17013
the
2C51 Spring Road, Carlisle, PA 170134059
OFFICE (717) 243.8560 • FAX (717) 243.113SS • POLICE (717) 243.7910
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Law Offices of
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
CIVIL ACTION — LAW ANDEQUITY
v. No. 13-3815
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this J day of March, 2014, I, Sean. M. Shultz, Esquire, hereby
certify that I have this day served the following person with a copy of the foregoing Answer
and New Matter to Petition for Enforcement of Court Order by first class, United States Mail,
postage pre-paid, addressed as follows:
Mark W. Allshouse, Esquire
4833 Spring Road
Shermans Dale, Pennsylvania 17090
Attorney for Plaintiff
Respectfully submitted,
SAI ULLIVAN & ROGERS
Sean M. Shultz, Esquire
Attorney ID No. 90946
26 W. High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorney for Defendants
IN THE COURT OF COMMON PLEAS ,„r: FROTIIONG
CUMBERLAND COUNTY, PENNSYLVANIA
NORTH MIDDLETON TOWNSHIP, �V ��� la l
a Second Class Township, • �dll1
Plaintiff •
•
CIVIL ACTION—LAW AND EQUITY
v. : No. 13-3815
MICHAEL R. SWARTZ and •
RED CIRCLE PERFORMANCE •
PRE OWNED, LLC, •
Defendants •
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendants, Michael R. Swartz, and Red
Circle Performance Pre Owned, LLC, in the above-referenced matter.
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Sean M. Shultz, Esquire
Attorney ID No. 90946
26 W. High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Law Offices of Attorney for Defendants
Saidis
Sullivan
& Rogers
26 West High Street
Carlisle,PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
•
NORTH MIDDLETON TOWNSHIP,
•
a Second Class Township,
•
Plaintiff
• CIVIL ACTION—LAW AND EQUITY
v. • No. 13-3815
•
MICHAEL R. SWARTZ and
•
RED CIRCLE PERFORMANCE
•
PRE OWNED, LLC,
•
Defendants
CERTIFICATE OF SERVICE
AND NOW, this \ci i day of March, 2014, I, Sean.M. Shultz, Esquire, hereby
certify that I have this day served the following person with a copy of the foregoing Praecipe
to Enter Appearance by first class, United States Mail, postage pre-paid, addressed as
follows:
Mark W. Allshouse, Esquire
4833 Spring Road
Shermans Dale, Pennsylvania 17090
Attorney for Plaintiff
Respectfully submitted,
S •. .1 S, SULLIVAN & ' OCrE'
Law Offices of �yr
Saidis
Sullivan Sean M. Shultz, Esquire
& Rogers Attorney ID No. 90946
g 26 W. High Street
26 West High Street
Carlisle,PA 17013 Carlisle, Pennsylvania 17013
(717) 243-6222
Attorney for Defendants
(-)
NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEA
a Second Class Township, : CUMBERLAND COUNTY, PENNSITylA
---:
Plaintiff :,.,..
v.
: NO. 13-3815 CIVIL TERM
r—
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE r.0
PRE OWNED, LLC, : CIVIL ACTION - LAW AND EQUITV"
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW, comes Plaintiff, North Middleton Township, by and through its attorney,
Mark W. Allshouse, Esquire, and replies to Defendants' New Matter, as follows:
20. Paragraph 20 is a paragraph of incorporation to which no response is necessary.
21. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 21 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. By way of further response, the requirements
in complying with the Stipulation executed individually by Defendant Swartz and on behalf of
Red Circle Performance Pre Owned, LLC did not require legal advice, but rather financial
payment and engineering advice.
22. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 22 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. By way of further response, the steps
necessary for Mr. Swartz to take had previously been taken by Mr. Swartz in submission of his
prior plan and were clearly laid out in the Stipulation which was reviewed and executed by Mr.
Swartz and on behalf of Red Circle Performance Pre Owned, LLC with the assistance of
Attorney Rominger.
23. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 23 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. Byway of further response, the Township did
not feel there was a need for a meeting and was unaware of what agenda was to be discussed.
24. Denied as stated. By way of further response, Mr. Rominger showed up late for
the meeting which was cancelled due to his tardiness.
25. Denied as stated. By way of further response, North Middleton Township
cancelled the meeting after Mr. Rominger failed to appear at the scheduled time as it was paying
employees overtime pay to meet with Defendants and Mr. Rominger at the Township.
26. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 26 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant.
27. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 27 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. By way of further response, it is admitted that
the undersigned was contacted.
28. Admitted. By way of further response, the undersigned advised that he had no
authority to grant an extension to the Stipulated Order.
29. Admitted.
30. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 30 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant.
31. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 31 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. By way further response, Defendants'
allegation in paragraph 31 clearly demonstrates that with or without legal counsel, Defendants'
were not able to meet the Stipulation requirements of paying all past due and current fees
necessary for Township review. There is no legal basis to extend the agreed deadline.
32. Admitted. By way of further response, the undersigned advised counsel for
Defendants that the requirement per the Stipulation was that all past due and current funds
necessary for review, together with the submission of a plan, would be necessary in order to meet
the requirements of the Stipulation.
33. Admitted. By way of further response, despite having received sufficient funds to
cover all past due and current requirements of the Township, those funds yet have to be received
and were not received by Defendants' counsel until one week past the deadline. Moreover, the
deadline required plans to be submitted demonstrating Mr. Swartz's intended use, existing
conditions and land development, none of which have been prepared or submitted.
34. Admitted upon information and belief.
35. Denied. After reasonable investigation, Plaintiff is without knowledge or truth as
to the averment contained paragraph 35 of Defendants' New Matter. Strict proof thereof is
demanded at the time of trial, if deemed relevant. By way further response, Defendants were
presented with the Stipulation in October of 2013 and continued to consult with Attorney
Rominger with regard to that Stipulation. By way of further response, evidence of Defendants'
knowledge of the details and requirements of the Stipulation are evident by the handwritten
3
amendment made to the Stipulation at the request of Defendants and approved by the Township
prior to its execution thereof.
By way of further response, Defendants are utilizing the unfortunate circumstances of
their legal counsel in an attempt to gain an extension to meet a requirement which, as of the date
of the deadline, they were unable to meet. Namely, the ability to have all funds necessary and
submit plans and drawings necessary to provide the Township notice of their intentions, current
existing conditions, etc. for review against the Township's Zoning Subdivision and Land
Development Ordinances.
By way of further response, if Defendants are now prepared and understand how to
proceed, yet have taken no further action to comply, a thirty -day extension is not necessary.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendants'
request for a thirty -day extension as such an extension is not due to Defendants, who were
wholly aware of the conditions of, participated in drafting, and had knowledge of how to comply
with the requirements of the Stipulation prior to the alleged lack of response of their prior
counsel.
Date: 3P1/ 20/9
Respectfully submitted,
ark W. Allshouse, . squire
Attorney ID # 7801
4833 Spring Road
Shermans Dale, PA 17090
(717) 582 -4006
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Mark W. Allshouse, Esquire, hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in the United States Mail, first -
class, postage prepaid, as follows:
Date: f2ifo1q
Sean M. Shultz, Esquire
SAIDIS, SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
ark W. Allshouse, ' squire
Attorney ID # 7801
4833 Spring Road
Shermans Dale, PA 17090
(717) 582 -4006
Attorney for Plaintiff
NORTH MIDDLETON
TOWNSHIP, a Second Class
Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
MICHAEL R. SWARTZ and :
RED CIRCLE PERFORMANCE :
PRE - OWNED, LLC,
Defendants : NO. 13 -3815 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT OF
COURT ORDER
ORDER OF COURT
AND NOW, this 24th day of March, 2014, upon consideration of Plaintiff's
Petition for Enforcement of Court Order and Defendant's Answer and New Matter
thereto, it is hereby ordered that the Defendants are given an extension of thirty days
from the date of this Order to comply with the Stipulated Order made an Order of Court
on January 22, 2014. No further relief shall be granted at this time. In the event
Defendants fail to comply with the terms of the Stipulated Order as ordered herein,
Defendants are notified that an immediate injunction shall be issued against them per the
terms of the Stipulated Order.
" Mark W. Allshouse, Esq.
q
4833 Spring Road
Shermans Dale, PA 17090.
Attorney for Plaintiff
✓ Sean M. Shultz, Esq.
26 W. High Street
Carlisle, PA 17013
Attorney for Defendants
3 aY //y
:rc
BY THE COURT,
t 1/6 e eC
Christy e L. Peck, J.
icD
Mark W. Allshouse, Esquire
Attorney ID # 78014
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiffs
23 .E•10:
CUi 1DERL. AND COUNTY
PENNSYLVAN{ A
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
: CIVIL ACTION - LAW AND EQUITY
PETITION FOR ENFORCEMENT OF COURT ORDER
AND NOW comes North Middleton Township, by and through its attorney, Mark W.
Allshouse, Esquire and respectfully files the following Petition for Injunctive Relief and in
support thereof aver as follows:
1 On or about January 20, 2014 Plaintiff and Defendants entered into a Stipulation
setting forth specific time periods and a specific timeline for actions to be taken to comply with
North Middleton Township Zoning, Subdivision and Land Development Ordinances.
2. On or about January 22, 2014, the Court entered a Stipulated Order as agreed to
and executed by the parties and their respective counsel. A true and correct copy of the
Stipulation of the Parties and the Court's Order are attached hereto and made a part hereof
marked as Exhibit "A".
3. Thereafter, having failed to comply with the Stipulation, Plaintiff filed a Petition
to Enforce the executed Stipulation on or about the 14th day of March, 2014.
4. In response thereto, counsel for Defendants filed an Answer with New Matter to
Plaintiffs Petition for Enforcement requesting an extension of time.
1
5. Thereafter, on March 24, 2014, Plaintiff .filed an Answer to the same.
6. Following the filing of Plaintiff's Answer, the Honorable Judge Peck entered an
Order of Court on March 24, 2014, granting Defendants thirty (30) days in which to comply with
the Court's prior Stipulated Order of January 22, 2014. A true and correct copy of the Order is
attached hereto and made a part hereof marked as Exhibit `B ".
7. The thirty days as set forth in the Order expired on April 23, 2014.
FAILURE TO COMPLY WITH STIPULATION
8. Paragraphs 1 through 7 above are incorporated herein by reference as though fully
set forth herein.
9. Under paragraph 5 of the Stipulation of the Parties:
Defendants shall file application for zoning permits for 1540 and 1542
Spring Road, North Middleton Township, Cumberland County, and pay
all applicable application fees and immediately comply with all steps
necessary in order to obtain those permits.
10. To date, Defendant has not applied for nor received any zoning permits, yet
continues to operate Red Circle Performance Pre Owned, LLC from the properties.
11. Defendants have known about the requirement of Zoning Permits since January
2012 when his permits were denied and he was advised that he must obtain new permits.
12. Despite the additional 30 -day extension provided by the Court, Defendants have
taken no action to come into compliance with zoning or obtain the zoning permits.
13. Defendants continue to operate and has operated for a period of over 18 months
without zoning permits based upon the various continuances and extensions in trying to resolve
this matter.
14. Despite the additional 30 -day extension given to Defendants based upon his
alleged lack of legal advice from Attorney Rominger, Defendants still have taken no action to
obtain zoning permits.
2
15. Defendants' actions are in violation of the Stipulation of the Parties.
16. Further, paragraph 6 of the Stipulation requires that:
Within thirty (30) days of entry of this Stipulation as an Order of Court,
Defendants shall submit applications for building permits and pay all fees
associated therewith for inspection of the building improvements made to
the existing garage /shed located on the boundary between 1540 and 1542
Spring Road and shall make all changes and /or correct any deficiencies
necessary to obtain occupancy permits for those improvements.
17. On February 21, 2014, Defendants filed a woefully inadequate commercial
construction permit with North Middleton Township.
18. Rather than reject the incomplete permit, and thereby potentially create a breach
of the Stipulation, the Township accepted it and provided to Defendants a letter and additional
documentation explaining the incompleteness and that he must provide additional information in
order for the inspection to be completed and to obtain an occupancy permit for use of the
commercial garage he is currently operating on the properties. A true and correct copy of the
application and Plaintiffs response is attached hereto and made a part hereof marked as Exhibit
19. The response of North Middleton Township was received by Defendant, Michael
R. Swartz on March 3, 2014 as evidenced by his signature and date at the bottom of the
Township's letter.
20. Despite receiving this information, Defendants have taken no further steps to
obtain the building permit or the occupancy permit for the property.
21. Defendants continue to occupy the properties, which have not been inspected, but
which have undergone several additions and changes since purchasing of the property.
22. Defendants continue to operate a commercial business from a property which
does not have an occupancy permit, nor a zoning permit.
3
23. Despite having received an additional 30 days from the Court and having received
advise from his new counsel, Defendants have failed to take any action to obtain the required
building inspection and occupancy permits as required by the Stipulation.
24. Defendants did on the last day of the Court's deadline, file a Subdivision and
Land Development Plan which is currently being processed by the Township.
25. However, the Subdivision and Land Development Plan will not be approved
without the zoning permits and occupancy permits for both legalizing the use and occupancy of
the structures.
26. Therefore, Defendants failure to comply with the Stipulation and to file such
applications will likely be a fatal flaw in the filing of a Plan which the Board of Supervisors of
North Middleton Township would have legal authority to deny the Plan(s) based upon the
aforementioned reasons.
27. The Court's Order of March 24, 2014 was abundantly clear that, "No further
relief shall be granted. In the event Defendants fail to comply with the terms of the
Stipulated Order as ordered herein, Defendants are notified that an immediate injunction
shall be issued against them per the terms of the Stipulated Order."
28. Plaintiff respectfully requests the Court to enter the attached Order and enter an
injunction requiring Defendants to remove automobiles and signs and to cease commercial
operation on the properties until such time as he has come into compliance.
29. Plaintiff understands that Defendants may need more than one day to arrange for
movement of the vehicles, but believe that Defendants have had sufficient time and that an
extended amount of time to comply with the Order is not necessary.
30. As a result of North Middleton Township's requirement to take additional action
on its Petition for Injunction and the Stipulation of the Parties, North Middleton Township is
4
requesting its attorney's fees in the amount of Five Hundred Dollars ($500) which amount
represents those actually incurred by the Township in the review, drafting, service and filing of
this instant Petition for Enforcement.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the attached
Order thereby enforcing the terms of the stipulated agreement.
Respectfully submitted,
Date: 41251
5
k W. Allshouse, E quire
A orney ID # 78014
4 33 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Plaintiff
bi t 11 Zj I/
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
: CIVIL ACTION - LAW AND EQUITY
ORDER OF COURT
AND NOW, this y of January, 2014, the parties having agreed upon terms
to resolve the pending matter and entered into the attached Stipulation of the Parties, it is hereby
ORDERED and DECREED as follows:
1. The Stipulation of the parties shall forthwith be entered as an Order of Court and
compliance therewith shall be enforceable as an Order of Court.
2. Following entry of this Order and Stipulation of the Parties, the matter shall be
hereby marked settled and discontinued.
3. The hearing set for January 21, 2014 at 3:00 p.m. in Courtroom No. co
zrn
Cumberland County Courthouse, being not necessary, is cancelled. crir-
BY THE COURT
1,10
C:t1
2a"
rs,3
Ca7
cii
Ct3
Honorable
Distribution:
Mark W. Allshouse, Esquire, 4833 Spring Road, Shermans Dale, PA 17090,
Karl Rominger, Esquire, 155 South Hanover Street, Carlisle, PA 17013
istylee L. Peck
NORTH MIDDLETON TOWNSHIP,
a Second Class Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13 -3815 CIVIL TERM
MICHAEL R. SWARTZ and
RED CIRCLE PERFORMANCE
PRE OWNED, LLC,
Defendants
: CIVIL ACTION - LAW AND EQUI TY
STIPULATION OF THE PARTIES
AND NOW, comes Plaintiff, North Middleton Township, by and through its attorney,
Mark W. Allshouse, Esquire and Defendants, Michael R. Swartz and Red Circle Performance
Pre Owned, LLC by and through their attorney, Karl E. Rominger, Esquire, and respectfully
stipulate to the following:
BACKGROUND
1. On or about July 2, 2013 Plaintiff filed a Petition for Injunctive Relief requesting
a Court Order requiring Defendant to cease and desist any operation of business on two parcels
of real property respectively known as 1540 and 1542 Spring Road until such time as Defendants
could obtain proper zoning permits and come into compliance with all relevant Ordinances under
the North Middleton Township Zoning and Subdivision and Land Development Ordinances.
2. Thereafter, on or about August 7, 2013 Defendants jointly filed an Answer to
Plaintiff's Petition.
3. The parties wish to resolve their disputes by this Stipulation without the need for
hearing or further litigation and jointly agree that this Stipulation shall be entered of record as a
Stipulated Order by the presiding judge in the Court of Common Pleas of Cumberland County
and shall be enforceable as any other Ccurt Order.
II. TIMELINE FOR COMPLIANCE
4. Within forty five (45) days of the entry of this Stipulation as an Order of Court,
Defendants shall submit for review a Subdivision and Land Development Plan or other plan
subject to approval by the Supervisors which would bring the property into full compliance with
the Township Code for the current operation at 1540 and 1542 Spring Road, North Middleton
Township, Cumberland County, and shall therewith pay all application fees, past due review fees
and current review escrow fees to initiate Township review of said Plan.
5. Defendants shall file application for zoning permits for 1540 and 1542 Spring
Road, North Middleton Township, Cumberland County, and pay all applicable application fees
and immediately comply with all steps necessary in order to obtain those permits.
1
6. Within thirty (30) days of entry of this Stipulation as an Order of Court,
Defendants shall submit applications for building permits and pay all fees associated therewith
for inspection of the building improvements made to the existing garage/shed located on the
boundary between 1540 and 1542 Spring Road and shall make all changes and/or correct any
deficiencies necessary to obtain occupancy permits for those improvements.
7. It is understood by the parties that approval of the Subdivision and Land
Development Plan shall be per the Municipalities Planning Code and, therefore, the timing for
subsequent steps required by Defendants will be determined by the date when Defendants'
Subdivision and/or Land Development Plans may be approved by North Middleton Township.
8. Nothing in this Stipulation guarantees approval by North Middleton Township if
the Plans are not in compliance with Township Ordinance.
9. Following 'a successful approval of an Subdivision and Land Development Plans,
Defendants shall have thirty (30) days to meet any conditions of the approval including, but not
limited to, bonding, Deeds of Consolidation, etc. and to pay all outstanding review fees due to
North Middleton Township as a result of the reviews by engineering and legal of the Plan.
10. Defendants shall make application for any conditions of approval which require
outside agencies within thirty (30) days of execution of this document. However, those
approvals which are conditions to the Plan approval shall not be regulated by the thirty (30) day
requirement set forth in paragraph 9 herein as timing of the outside agency's approval is beyond
the control of either party.
11. Upon receipt of any approvals from outside agencies, Defendants shall have thirty
(30) days in which to comply with all remaining conditions including, but not limited to, Deed
consolidations, establishment of proper bonding and recording of the Plan or Plans.
12. Following approval of the Plan and meeting of all conditions, Defendants shall
have six (6) months in which to build a new structure and obtain an occupancy permit therefore
and completely cease commercial operation within the current garage/shed located on the
boundary line of 1540 and 1542 Spring Road. ,i-C, evi-ecf , /
r •
13. Defendants shall have six (6) months in which to complete all stormwater,
grading, landscaping and site improvements pursuant to the Plans.
14. Defendants shall thereafter operate in full compliance with all state, federal and
local ordinances and shall obtain all necessary permits and only make such improvements as
shown on the approved Subdivision and Land Development Plans.
III. ENFORCEMENT
15. Should Defendants fail to meet any of the conditions set forth in II above or fail to
obtain proper zoning or building permits, or an approved Subdivision/Land Development Plan,
upon Petition and Affidavit of North Middleton Township, including supporting documentation,
2
the Court shall immediately enter an Order of Injunction requiring Defendants to cease and desist
all commercial operations on the properties. remove all commercial inventory, cars, parts, stock
and the like , and remove all_commercial signage until such time as Defendants have come into
compliance with this Stipulated Order and all state, federal and local ordinances applicable.
16. In addition, should North Middleton Township be required to take additional
action to petition for the injunction due to Defendants' failure to comply with this Stipulated
Order, North Middleton Township shall be entitled to their actual costs, including professional
review fees, attorney's fees, filing fees and any service fees actually incurred.
The parties hereby intend to be legally bound by this Stipulation and fully intend this to
be an enforceable Order of Court and hereby execute this document as evidence thereof.
Date:
Date:
Date:
1
Date: i i'4
Date:
Mi4e1.. Swartz
RED CIRCLE PERFORMANCE PRE OWNED, LLC
By: Michael R. Swartz
Karl E. Rominger, Esquire, attorney for Defendants
NORTH MIDDLETON TOWNSHIP
By: Harry Harry Kelso, Chairman
04-
k W Allshouse, squire, attorney
Exhibit "B"
NORTH MIDDLETON
TOWNSHIP, a Second Class
Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF.
: CUMBERLAND COUNTY, PENNSYLVANIA •
v. : CIVIL ACTION — LAW
•
MICHAEL R. SWARTZ and :
RED CIRCLE PERFORMANCE :
PRE-OWNED, LLC,
Defendants : NO. 13-3815 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT OF
COURT ORDER
ORDER OF COURT
AND NOW, this 24th day of March, 2014, upon consideration of Plaintiff's
Petition for Enforcement of Court Order and Defendant's Answer and New Matter
thereto, it is hereby ordered that the Defendants are given an extension of thirty days
from the date of this Order to comply with the Stipulated Order made an Order of Court
on January 22, 2014. No further relief shall be granted at this time. In the event
Defendants fail to comply with the terms of the Stipulated Order as ordered herein,
Defendants are notified that an immediate injunction shall be issued against them per the
terms of the Stipulated Order.
BY THE COURT,
a"7 e_.,.. -//
Christy1e L. Peck, J. c)
c
Mark W. Allshouse, Esq. -0 a
,833 Spring Road rn mi-
mrrl
Shermans Dale, PA 17090 cnr-
=
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Attorney for Plaintiff r-
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...- c.,
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Sean M. Shultz, Esq. 5--c---
26 W. High Street --4
----.:
Carlisle, PA 17013 /..
Attorney for Defendants
:rc
Exhibit "C"
Wit-. _.•--
March 3, 2014
Michael R. Swartz
1540 Spring Road
Carlisle, PA 17013
NORTH MIDDLETON TOWNSHIP
2051 Spring Road, Carlisle, PA 17013-1059
OFFICE (717) 243-8550 • FAX (717) 243-1135 • POLICE (717) 243-7910
Re: Application for Commercial Construction Permit for 1540 & 1542 Spring Road, Carlisle, PA
17013
Dear Mr. Swartz:
Your application was submitted to Approved Code Services, Inc. for review by UCC Commercial Code
Official, Iry Spoonhour UCC #540.
Your application was deemed incomplete. Minimum information for non-residential permit submissions is
required and the documents need to be prepared and sealed by a registered design professional.
Attached you will find a checklist from the Plan Review and the list from the Township Permit Package
showing the construction information that must be supplied. Your plans do not meet the minimum
requirements for submittal. The attached review shows the UCC Sections requirements.
In addition to the permit submittal, the existing building is uncertified for any prior occupancy uses. A
professional engineer must evaluate the structural components of the building. The evaluation report must
be included with the submitted permit application documents.
Based on the Court's order of January 22, 2014, you had until February 21, 2014 to submit for this permit.
You need to resubmit the application with the mandated plans as referenced in the attached review by
March 10, 2014. Another incomplete submission will be reason to have legal action taken.
Since
Rod Borda
Building Code Official
Received by:. „
Michael R. Swartz
Date:
Iry
From: Iry <iry @approvedcode.com>
Sent. Thursday, February 27, 2014 9:17 PM
To: Rod Borda'
Cc: 'Jeff Gardner'
Subject: RE: Swartz permit application
Hello Rod,
As the township's appointed UCC commercial code official, I have examined the document submission dated Feb 21,
2014. We are returning it to the township code office as incomplete. The Pennsylvania building code requires minimum
information for non - residential permit submissions and that the documents are prepared and sealed by a registered
design professional. I have attached our initial in -take checklist as reference. The township permit application package
also details the construction information that must be supplied. We cannot accept plans that do not comply with these
minimum standards.
Additional note: Since the existing building is uncertified, a professional engineer must evaluate the structural
components of the building. The evaluation report must be included with the permit application documents'.
Sincerely,
Iry Spoonhour UCC #540
Irvin R. Spoonhour
ICC Master Code Professional
Approved Code Services, Inc.
5 Brenneman Circle
Mechanicsburg, PA 17050
Phone: 717 -506 -0464
www.ApprovedCode.com
Irvna ApprovedCode.com
"Making the Building Codes Work for You!"
APPROVED CODE
This message contains confidential information for use only by its Intended recipients and may contain information that is proprietary, privileged, and protected under the law. If
you are not the named addressee, you are hereby notified that any use of, distribution of, copying,•or.reliance upon the contents of this e-mail Is strictly prohibited and may
result In criminal or civil penalties. Please notify the sender immediately by a -mall If you have received this by mistake and delete this e-mail from your system. Thank you.
1
www.Approver1Code.com
A roved Code Services, Inc.
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5 Brenneman Circle; Mechanicsburg, PA 17050 Phone: 717-215-5849
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PA UCC Plan Review Document Checklist
(Per UCC Regulation § 403)
Project Name: Mike Swartz Property — Change of Use and
proposed addition.
Address: 1540 & 1542 Spring Rd, Carlisle, PA 17013
Municipality: North Middleton Township, Cumberland Co.
Designers Name:
Contact Number: .
Date of Review: Feb 27, 2014
Reviewer's Name: Irvin R. Spoonhour, UCC# 540
A. ocuments Signed and Sealed by Licensed Architect or Engineer (Per UCC Regulation §
a(c))
Fire egress and occupancy requirements: (Per UCC Regulation § 403.42a(0)
location, construction, size and character of all portions of the means of egress.
[ 1(2) designation ofihe number of occupants to be accommodated on every floor and in all rooms and
spaces.
[1(3) shop drawings for a fire protection system that indicates conformance with the Uniform
Construction Code in accordance with the.following:
(i) The shop drawings shall be approved by the building code official before the
start of the system installation.
(ii) The shop drawings must contain the information required by the referenced
installation standards contained in Chapter .9 of the "IBC".
L&I Certified Third-party Plan Review On-site Code Training Seminars Code Analysis Services
Accessibility and Existing Building Audits Telephone Tech Support Service
Ap • roved Code Services, Inc.
5 Brenneman Circle, Mechanicsburg, PA 17050 Phone: 717 - 215-5849
[ ] C Exterior wall envelope: (Per UCC Regulation § 403.42a(g))
1) Description of the exterior wall envelope indicating compliance with the Uniform Construction
Code.
[ ] (2) Flashing details.
[ ] (3) Details relating to intersections with dissimilar materials, corners, end details, control joints,
intersections at roof, eaves, or parapets, means of drainage, water - resistive membrane and details around
openings.
Site plan (drawn to scale) requirements: (Per UCC Regulation § 403.42a(h))
(1) The size and location of new construction and existing structures on the site.
[ ] (2) Accurate boundary lines.
[ ] (3) Distances from lot lines.
[ ] (4) The established street grades and the proposed finished grades.
[ ] (5) For demolition, construction that is to be demolished and the size and location of existing structures
and construction that will remain on the site or plot.
[ ] (6) Location of
[ ]Parking spaces,
[ ] Accessible routes,
[ ] Public transportation stops
[ ] Other required accessibility features.
[ 1E. Flood hazard area - certifications required in the "IBC" for flood areas. (Per UCC Regulation §
403.42a(i))
esignate Licensed Design Professional in Responsible Charge (Per UCC Regulation § 403.42a(j))
. Special Inspection Program (IBC section 1704, 1709): (Per UCC Regulation § 403.42a(k))
L&I Certified Third -party Plan Review On -site Code Training Seminars Code Analysis Services
Accessibility and Existing Building Audits Telephone Tech Support Service
Ap • roved Code Services, Inc.
5 Brenneman Circle, Mechanicsburg, PA 17050 Phone: 717 - 215 -5849
[ ] H. Other Applicable Laws (Per UCC Regulation § 403.42a(n))
[ 1 (1) The Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1- 1331.19).
4. Storage water heaters and instantaneous water heaters that exceed any of the following:
Heat input of 200,000 BTU per hr.
Water temperature of 210°F.
Water- containing capacity of 120 gallons.
9. Unfired pressure vessels that exceed the following (not including LP):
5 cubic feet in volume and 250 psi design pressure.
3 cubic feet in volume and 350 psi design pressure
1 to 1 1/2 cubic feet in volume and 600 psi design pressure.
[ ] (2) The Propane and Liquefied Petroleum Gas Act (35 P. S. §§ 1329.1 - 1329.19).
[ ] (3) The Health Care Facilities Act.
Excludes an office where no reviewable clinically related health service is offered.
[ ] DOH Plan Approval (per UCC 403.22(1)) '
[ 1 (4) The Older Adult Daily Living Centers Licensing Act (62P. S. §§ 1511.1- 1511.22).
C [ ] I. nergy Compliance Method: (per UCC Regulation § 403.22(d))
[ ] (1) IECC
[ 1(2) (COMcheck)
L&I Certified Third -party Plan Review On -site Code Training Seminars ' Code Analysis Services
Accessibility and Existing Building Audits Telephone Tech Support Service
SO ;74? nihtf 1 PG4;;Pd
I-0 1'41 1
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BUILDING PERMIT APPLICATION CHECKLIST
FOR COMMERCIAL PROJECTS
NORTH MIDDLETON TOWNSHIP REQUIRES TWO COMPLETE COPJES OF THE FOLLOWING: •
1. Title Page To inekide the contact information for ali design professionals, descrlption of square
footage per Onor, number of floors, they of construction to be vU|izwd, area modifications ubUzed, use group
doas0uadon(s), separation or non-separation of mixed use gnoupo, design occupant |ood(a). finish materials
classification, design codes utllized.
2. Site Plan Drawings: To include all utility layouts, handicap parking and anoeso, designated fire lanes, distance
betwoen adjacent structures and property lines.
3. Floor Plan Drawings: To include the use of all areas, location and types of fire resistant construction, U.L. listing
of fire resistant construction, means of egress components, handicap access.
4. Structural Drawings: To iriclude the stmctura|Uesignno|cu|eUnns.8en-tochn|ca|ong|nanhngneport.unKorm/ive
loads, dead |ood, roof and snow loads, wind |oads, framing construction derails found construction details,
framing construction details, steel construcUon details.
Electrical Drawings: To include all lighting fad|itios, electrically operated equipment, and electrical circuits
required for all service equipment of the building or structure.
G. Mechanical Drawings: To include size and type of appliances, construction of flues and chimney systems,
ventilation air provided, fresh air make-up provided, location of all ducting and piping.
7. Plumbing Drawings: To Include a plan view and a riser diagram of waste and water piping, pipe sizing, grade of
piping, drainage fixtures unit loads and stacks and drains, water distribution design criteria.
Fire Protection Systems: To include the submlttal gulde for each type of system. See opecifiosubmittal guide
requirements.
•
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FEB 21 2034 Ag
NORTH MIDDLETON TOWNSHIP
COMMERCIAL CONSTRUCTION PERMIT APPLICATION
LOCATION OF PROPOSED WORK OR IMPROVEMENT
County: nbiirid Municipality: Ajeeril MidditiVA (/-1/1110
Site Address: 15qo Siortit3 Rci Tax Parcel No.:
Lot No.: Subdivision/Land Development: Phase: Section:
Owner: Mioutti R.. Phone No.: 7i7---3 n"--01S1 FAX No.71-7- 327-5-2-55
Mailing Address: 540 Speiry (241.. IIsk f 2tY3 Email: feii Of& RYfirthnce.e6M411. 041
Principal Contractor: Phone No.: FAX No.
Mailing Address: Email:
Architect: Phone No.: FAX No.
Mailing Address: Email:
TYPE OF WORK OR IMPROVEMENT (Circle One)
New Building
Foundation Only
Alteration
Change of Use Plumbing
Describe the proposed work:
0C1510 Ski" 5 ci
Demolition Relocation Zoning
Mechanical Electrical Driveway
ESTIMATED COST OF CONSTRUCTION (reasonable fair market value)
DESCRIPTION OF BUILDING USE (Circle One)
RESIDENTIAL
NON-RESIDENTIAL
Two-Family Dwelling Specific Use: Conyttotitt A-TAlocatIS cr-Vi 4,crz1J Of
Use Group:
Change in Use: Yes No
If YES, indicate former:
Maximum Occupancy Load:
Maximum Live Load:
BUILDING / SITE CHARACTERISTICS
Number of Residential Dwelling Units: Existing Proposed
Mechanical: Indicate Type of Heating / Ventilating fAir Conditioning (i.e. electric, oil)
Water Service: (circle) Public Private
Sewer Service: (circle) Public Private
Does or will your building contain any of the following:
Fireplace(s): Number Type of Fuel
Elevator / Escalator / Lift / Movin Walk: (circle) Yes
Sprinkler System: Yes
Pressure Vessels: Yes
Refrigeration Systems: Yes
Type of Vent
BUILDING DIMENSIONS
Existing Buflding Area: 41(00 sq. ft.
Proposed Building Area: °� ml.fL
Tn�B�N�qA�a: i����g ' oq.fL
Number of Stories: �
Height of Structure Above Grade: fro ft.
Area of the Largest Floor: sq. ft
FLOOD PLAIN
Is the site Iocation within an identified flood hazard aroa? (circle one) Yes
Will any portion of the flood hazard area be developed? (circle one) Yes
Owrer / Agent shalt verify that any proposed construction nd/or devel t activity complies with the
requirements of the National Flood Insurance Program and the PA Flood Plain Management Ac (Act 166'1970).
specifically Section 60.3.
Lowest Floor Level:
HISTORIC DISTRICT
Is the site Iocation within a Historic District? (circle one) Yes
If construction is proposed within a Historic District, a certificate of appropriateness may be required by the Municipality.
The applicant certifies tha | on this application is correc and the work wUl be completed In accordance wlth
the 'approved" construction documents and PA Act 45 (Uniform Constructiori Code and any additional approved buHding
code requirements adopted by the Municlpality. The property owner and appflcant assumes the responsibflity of tocating
all property lines, setback Unes, easements, hght'of-xoy. flood areas, etc. Issuance of a permit and approval of
construction documents shall not be construed as authority to vio|atm, cancel or set aside any provisions of the code or
ordinances of tho Municlpality or any other governlng body, The appflcant certifies he / she understands aH the applicable
codes, ordinances and regulations.
Application for a permit shall be made by the owner or lessee of the building or otructuno, or agent of either, or by the
registered design professional employed in connection with the proposed work.
| certify that the code administrator or the code administrator's authorized representative shall have the authority
to enter areas covered by such permit at any reasonable hour to enforce the provisions of the code(s) applicable
to such permit.
Signature of Owner of Authorized Agent
/ «�~D
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Address
t k e_ R
Print Name of Owner or Authorized Agent
�-09^ --_�� 09- 170
ua"e —_/ 2 /
PA Contractor Registration #
Direction§ to Site:
ADDITIONAL PERMITS / APPROVALS REQUIRED
Street Cut /Driveway Approved
Cut and Fill Approved
Penn Dot Highway OccupanCy Approved
DEP Floodway or Floodplaln Approved
Sewer Connection Approved
C}n'LntSepVn Approved
Zoning Approved
Harb Approved
Other Approved
APPROVALS
Buliding Permit Denied: Date Date Returned
Building Permit Approved: Date
Code Administrator
Date Issued: Date Expires: Permit No.:
Building Permit Fee Receipt No.:
Plumbing Permit (if appl,) Receipt No.:
Mechanical Permit (if app.) Receipt No.:
Electrical Permit (if appl.) Receipt No.:
PROJECT DOCUMENTS (DRAWINGS &
Type of Document: Submitted Signed &Sealed Date: Revision Date:
Foundation Plans Yes No Yes No
Construction Drawings Yes No Yes No
Electrical Drawings Yes No Yes No
Mechanical Drawings Yes No Yes No
Plumbing Drawings Yes No Yes No
Specifications Yes No Yes No
Flood Hazard Area Data Yen No Yes No
Workers Comp. Certificate Yes No Yes No
Plot Plan Yes No Yes No
DATE STAMP:
North Middleton Township Commercial
Building Permit Fees
August 2012
Description Fees
New Construction &Additions
UpVo first 1OO,OOOmqft then .2O per oqft over 1O0.00OoqK
Alterations to existing structure
Repairs to existing structure
On Site Commercial Corisultations
UCC Commercial Inspections
Zoning Permit Fee
.50/sqM
$ 20.00/$1,000 of
total estimated
construction costs
$ 10.00/$1,000 of
total estimated
construction costs
$ 75.00/h0ur
$ 75.00 per additional
Inspection
$ 100.00
Calculation of certain permit fees shall be based upon the number of square feet (sq ft) involved in the project.
a. For purposes of commercial construction, "square foot" shall be defined to include all floor space on all
floors, including the thebasement and/or crawl space enclosed by (he building envelope. The term "building"
shall be defined as any structure used or intended for supporting or sheltering any use or o pmn
other than detached one (1) and two (2) family dwellings and multiple single family dwellings (townhouse)
not more than three (3) stories in height and with a separate means of egress and their respective
accessory structures. The square footage shall be determined by measuring the perimeter of the
business envelope.
b. For purposes of industrial structures, square foot" shall be defined and cacuIated In the same manner as
for'commercial construction.
LIST OF POSSIBLE INSPECTIONS
Inspections marked on this card may be scheduled by telephone with a 24-hour notification. Work shall not proceed
until the field inspection has been approved.
The following is a list of possible required inspection for New Construction. lnspections required for your project will be
Dsted on the back of the Building Permit Card.
1. Superior Wall System:
Footing: Prior to installing stone bed and settin walis,
Foundation: After ls` floor joist and deck are set, prior to backfilling.
OR
1. Poured Concrete System:
Footing: Prior pouring concrete.
Pre-Pour Wall Inspection: After placement of vertical Q horizontal vabar.
Foundation: Prior to backfilling.
OR
1. . Concrete / Masonry Systems:
Footing: Prior to pounng concrete.
Foundations: Prior to backfihling.
2. Underslab: nspocted prior to covering — drainage and water line tests required.
3. Vapor Barrier: Prior to pouring stab.
4. Electrical Service Cut-In: In conjunction with Electric Suppher.
5. Prior to coverinQ, all wiring and boxes shall be installed. All grounds shall be made for this
inspection. Contact Approved Code Services, Inc. for all Electrical Inspection in the Township @
717.506.0464.
6. plumb\ngRmugh-ln: Air tes prior to covering.
7. Mechanical Rough-ln: Prior to covering. Gas pipe tes is required.
B
Framing: Prior to lnside or outside coverings appfled or insulation iristaed.
Q. Roof U Prior to shingle, shake or metal installation.
10. Energy: lnsulation inspection with Air Seal (Visual or Biower Test). '
11. D m|: Call at beginning of drywall installation for representative sampling of procedures.
12. Electrical Final: Alt equipment, fixtures and devices shall be functiorial.
13. Mechanical Final: All equipment shaU be set and functional
14. Plumbing Final: Alt equipment and fixtures shall be set and functlonal.
15. Final: Prior to any use or occupancy.
CERTIFICATE OF SERVICE
I, Mark W. Allshouse, Esquire, hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in the United States Mail, first -
class, postage prepaid, as follows:
Date: yPg�
Sean M. Shultz, Esquire
SAIDIS, SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
W. Allshouse, squire
ttorney ID # 78014
833 Spring Road
Shermans Dale, PA 17090
(717) 582 -4006
Attorney for Plaintiff
NORTH MIDDLETON
TOWNSHIP, a Second Class
Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
MICHAEL R. SWARTZ and :
RED CIRCLE PERFORMANCE :
PRE - OWNED, LLC,
Defendants : NO. 13 -3815 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT OF
COURT ORDER/STIPULATION BY THE PARTIES
ORDER OF COURT
AND NOW, this 30th day of May, 2014, upon consideration of the Petition and
Stipulation by the Parties, it is hereby ORDERED and DECREED as follows:
1. Defendants are hereby enjoined and shall immediately cease and desist all
commercial operations on both 1540 and 1542 Spring Road, North Middleton
Township, Cumberland County, Pennsylvania.
2. This injunction shall remain in effect until such time as Defendants have
complied with all state, federal and local Ordinances, including North
Middleton Township Zoning and Land Development Ordinance and pay all
filing fees and past and current review fees necessary for these services, or
until the hearing set below, whichever is sooner.
3. A hearing is set for Wednesday, June 11, at 2:30 p.m., in Courtroom No. 5,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Mark W. Allshouse, Esq.
4833 Spring Road
Shermans Dale, PA 17090
Attorney for Plaintiff
Christylee L. Peck, J.
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.—an M. Shultz, Esq.
26 W. High Street
Carlisle, PA 17013
Attorney for Defendants
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P2.v(s4_
s/30//y
.••■.7.mori.2
NORTH MIDDLETON
TOWNSHIP, a Second Class
Township,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
C) r -a
c,
v. : CIVIL ACTION — LAW rn m £,...
MICHAEL R. SWARTZ and :,
RED CIRCLE PERFORMANCE : < c::
PRE -OWNED, LLC, ca
Defendants : NO. 13-3815 CIVIL TERM x` - `'
IN RE: PETITION FOR ENFORCEMENT OF
COURT ORDER/STIPULATION BY THE PARTIES
ORDER OF COURT
AND NOW, this 1 lth day of June, 2014, upon consideration of the Petition and
Stipulation by the Parties, it is hereby ORDERED and DECREED as follows:
1. Defendants are hereby enjoined and shall immediately cease and desist all
commercial operations on both 1540 and 1542 Spring Road, North Middleton
Township, Cumberland County, Pennsylvania.
2. This injunction shall remain in effect until such time as Defendants have
complied with all state, federal and local Ordinances, including North.
Middleton Township Zoning and Land Development Ordinance and pay all
filing fees and past and current review fees necessary for these services, or
until the hearing set below, whichever is sooner. %
3. The hearing previously set in this matter for June 11, 2014, is rescheduled to
Thursday, June 19, 2014, at 3:00 p.m., in Courtroom No. 5, Cumberland
County Courthouse, Carlisle, Pennsylvania, due to the fact that neither attorney
received prior notice of the previously -scheduled hearing.
BY THE COURT,
hris 1 e L.
Peck, ty J.
nark W. Allshouse, Esq.
4833 Spring Road
Shermans Dale, PA 17090
Attorney for Plaintiff
Vean M. Shultz, Esq.
26 W. High Street
Carlisle, PA 17013
Attorney for Defendants
:rc
l.. i s /11 .1.4
NORTH MIDDLETON IN THE COURT OF COMMON PLEAS OF
TOWNSHIP, a Second Class CUMBERLAND COUNTY, PENNSYLVANIA
Township,
Plaintiff
V. CIVIL ACTION—LAW
MICHAEL R. S WARTZ and
RED CIRCLE PERFORMANCE
PRE-OWNED, LLC,
Defendants NO. 13-3815 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT OF
COURT ORDER/STIPULATION BY THE PARTIES
AMENDED ORDER OF COURT
AND NOW, this 12th day of June, 2014, the prior Order of Court dated June 11,
2014, in the above matter is hereby amended to reflect a change of time in the hearing
scheduled for June 19, 2014. The new time for the hearing is 10:00 a.m. In all other
respects, the prior Order shall remain in full force and effect.
BY THE COURT,
(Nristylk L. Peck, J.
/'Mark W. Allshouse, Esq.
4833 Spring Road
Shermans Dale, PA 17090
Attorney for Plaintiff
Sean M. Shultz, Esq. 6e�4 _r)_� :i�: __,
S
26 W. High Street Y r`,; f—
Carlisle, PA 17013 3 \ Cn
Attorney for Defendants � �- w
o\9 .�C:;
:rc ��
NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS OF
a Second Class Township, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. •
• CIVIL ACTION - LAW
MICHAEL R. SWARTZ and rn
RED CIRCLE PERFORMANCE
PRE-OWNED, LLC, •
ra) -
Defendants : 13-3815 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT OF COURT --
ORDER/STIPULATION BY THE PARTIES
ORDER OF COURT
AND NOW, this 19th day of June, 2014, pursuant to an
agreement between the parties after being here for a hearing on a
Petition for Enforcement of Court Order, it is hereby ordered and
decreed as follows :
1) The injunction entered by the Court dated June 11,
2014, shall remain in effect, and Defendants are hereby enjoined
and shall continue to cease and desist all commercial operations at
both 1540 and 1542 Spring Road, North Middleton Township,
Cumberland County, Pennsylvania.
2) Defendants shall immediately remove all for sale
signs and any other advertising, streamers, flags, et cetera,
located on the property or vehicles, together with all commercial
business advertising or other signage which would invite the
general public to the property for the purpose of purchasing or
repair of vehicles .
3) Defendants may post a sign on the property stating
closed for business or business moving, which sign should be
located out of the right-of-way and shall be large enough to be
seen by vehicular traffic on Route 34 .
4 ) Defendants shall remove all commercial inventory
within 45 days of the date of this Order, excepting only
t
Defendants ' personal use passenger vehicles . Commercial inventory
shall include all cars, parts, parts of cars, waste oils, fuels,
trash, junk, rubbish, or other debris associated with, created by
or utilizing for the commercial business . When complete, North
Middleton Township shall withdraw all current civil complaints .
5) For the garage located on the properties,
Defendants shall comply with UCC building requirements or apply for
a demolition permit within 30 days .
6) Defendants shall pay all outstanding review fees
owed to North Middleton Township for the plan currently submitted
to the Township.
7) Defendants shall pay all costs and attorney' s fees
associated with enforcement of the stipulation of the parties dated
January 17, 2014, in the amount of $1, 056 .
8) The escrow funds held by North Middleton Township
shall be applied to the above mentioned review fees, costs and
attorney' s fees, and any currently outstanding civil fines . At the
time of this Order, North Middleton Township is holding $4, 663 . 40
of Defendants ' funds in escrow; and
9) This injunction shall remain in effect until such
time as Defendants have complied with this Order and all state,
federal and local ordinances .
By the Court,
af„y/u, ; at/(—
Christylee L. Peck, J.
✓ Mark W. Allshouse, Esquire
ies
For the Plaintiff
Sean M. Shultz, Esquire /2.6/ Y
For the Defendants �M
pcb /'ill