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Home My WebLink About14-5513 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of a FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No.1r— ss/3 �v-'4 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT Stanley N & Susan E Dve MAG.DIST.NO. NAh1EOFMDJ MDJ-09-2-01 Honorable Paul M Feglev ADDRESS OF APPELLANT 609 Franklin St CITY Carlisle, STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF(Plaintiff PA 17013 th Middleton '1'OW17Shl vs (Detendan;p D cKETNo. Stanley N & Susan E Dye SIGNATURE OFAPFELLANTOR ATTORNEY OR AGENT MJ-09201 -CV-0000004-2014 This block will be signed ONLY when this notation is required under P If a ellant R.C.P.D.J. No. 10086. Pp s Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action This Notice S Appeal, when received g the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature otProthonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon h 1 C ' L' w appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No.1 ��5" .v )within twenty(20)days after service of rule or suffer entry of judgment of non pros. �Sigatu�reofiellantor attorney or agent RULE: To 4 � J f � �e Name of appellee(sllee(s) J "�y (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. , Date:0/6 20 /91 Signature of Rmthono ary or Deputy YOU MUST INCLUDFj�If�I � RANSCRIPT FORM WITH THIS NOTICE OF APPEAL,OF JUDGMENT/T '.- " 10" (Jti'V1u3SwnJ AL. AOPC312-05 62 :E 14d9 �1 4115-. 5-0 Pd dm 'f- �' ? r; ! tii ;r -3/�/6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice Of Judgment/Transcript CIVIC Case spw, Mag. Dist. No: MDJ-09-2-01 D / n North Middleton Township MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road,Suite 3 Stanley N Dye, Susan E Dye Carlisle,PA 17013 Telephone: 717-218-5250 Stanley N Dye 609.Franklin St Docket No: MJ-09201-CV-0000004-2014 Carlisle, PA 17013 Case Filed: 1/16/2014. Disposition Summary (cc-cross complaint) - Docket No Plaintiff Defendant Disposition Disposition Date MJ-09201-CV-0000004-2014 North Middleton Township Stanley N Dye Judgment for Plaintiff 08/18/2014 MJ-09201 CV-0000004-2014 North Middleton Township Susan E Dye Judgment for Plaintiff 08/18/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount North Middleton Township $0.00 $0.00 $0.00 Stanley N Dye $614.90 $0.00 Susan E Dye $614.90 $614.90 - $0.00 $614.90 _ _... _. .. Judgme.nt Finding.._ , _ In the matter of North Middleton Township vs. Stanley N Dye; Susan E Dye on MJ-09201-CV-0000004-2014, on 8/18/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liabilitv Deposit Applied Amount Civil Judgment $500.00 $0.00 $500.00 oun Filing Fees $114.90. $0.00 $114.90 Grand Total: $614.90 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COM111,11ON PLEAS, CIVIL DIVISI`J"L YOU MUST INCL'U'DE A COPY OF THIS NOTICE OF FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT.OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0 oil A Date Magisterial District Judge Paul M Fegley cerU y t at t is is i true and correct copy Or the record ot the proceedings containing t e judgment Date Magisterial District Judge MDJS 315 Pagel of 2 Printed:09/02/2014 1:42:57PM THE PROTHOQ TF SEP 26 PM 0 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: • I hereby (swear) (affirm) 7that I served 77-.05/3 a copy of the N tice of Appeal, Common Pleas No, it/ upon the Magisterial District Judge designated therein on (date of servic 4 , 20 / by personal service sender's receipt attached hereto, and upon the appellee, (name)//all , on , 20 Eby personal service sender's receipt attached hereto. . (SWORN (AFFIRMED) AND SUB BEFORE ME THIS DAY OF 20 gn ure e whom affidavit was made AOPC 312A - 05 by (certified) (registered) mail, y (certified) (registered) mail, 0 0 VOL NOtarial 5e81 She% Taylerland County or, NOtary blic Carlisle Bolo,coCumb mmission Expires Aug• 5, 2017 140114d S pEtsiN ‘41A Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Appellee/Plaintiff NORTH MIDDLETOWN TOWNSHIP, APPELLEE/PLAINTIFF v. Cr PRO HONOli , OCT - I PH 2: 29 CUMBERLAND,COUNTY : IN THE COURT OF COMWUNIA : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-5513 CIVIL TERM STANLEY N. DYE and SUSAN E. DYE, : APPELLANTS/DEFENDANTS : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Stanley N. and Susan E. Dye, Appellants/Defendants 609 Franklin Street Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: iq/i/iy Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ark W. Allshouse, squire Attorney ID # 7801 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Appellee/Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 • 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Appellee/Plaintiff NORTH MIDDLETOWN TOWNSHIP, : IN THE COURT OF COMMON PLEAS APPELLEE/PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-5513 CIVIL TERM STANLEY N. DYE and SUSAN E. DYE, : APPELLANTS/DEFENDANTS : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, North Middleton Township, by and through their solicitor, Mark W. Allshouse, Esquire and respectfully files this Complaint and avers as follows: 1. Plaintiff is North Middleton Township, a Pennsylvania township of the Second Class, having an address of 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Plaintiff'). 2. Defendants are Stanley N. Dye and Susan E. Dye, husband and wife, having an address of 609 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Defendants"). 3. Defendants are the owners of real property known as 2050 Spring Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, tax parcel number 29-16-1094- 25. 4. On or about October 23, 2013 Defendants in the above -captioned matter were served with a Notice of Violation of North Middleton Township Zoning Ordinance by North 1 Middleton Township Zoning Officer, Rod Borda. A true and correct copy of such notice, together with proof of service is attached hereto and made a part hereof as Exhibit "A". 5. The purpose of the Notice was to advise Defendants of notice of violation of North Middleton Township Zoning Ordinance Chapter 204 Section 504 entitled "Expansion or Alterations" in that Defendants expanded a non -conforming use without obtaining a Special Exception or meeting the criteria contained within the Zoning Ordinance. 6. Following proof of receipt of the Notice of Violation and failure to abate said violation, thereafter on January 16, 2014 Plaintiff filed a civil action for the violation. 7. The instant Complaint is pursuant to a Rule to Show Cause following Defendants' appeal from the Magisterial District Judge determination. 8. Defendants, despite Notice of Violation and significant time to cure the above - referenced violation of North Middleton Township Zoning Ordinance, have not cured the violation. 9. Defendants' property is a non -conforming use. 10. Defendants had previously asserted the defense that their property was grandfathered as a non -conforming use. 11. However, Defendants have continued to expand the non -conforming use in violation of North Middleton Township Zoning Ordinance. 12. On August 21, 2014 North Middleton Township Officer Rod Borda sent to Defendants correspondence advising them of the use of the property which had been previously been acknowledged as grandfathered and requesting removal of all additional storage pods, port - a -potties and outdoor stockpiling which form the basis of the violation. A true and correct copy of that correspondence is attached hereto and made a part hereof as Exhibit "B". 2 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiffs and against Defendant as set forth herein. Date: i0/i ) iq 3 Respectfully submitted, rk W. Allshouse, 'squire ttorney I.D. # 7801. 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Appellee/Plaintiff Exhibit "A" Notice Date: NORTH MIDDLETON TOWNSHIP ZONING ENFORCEMENT 2051 Spring Road Carlisle, PA 17013 (717) 243-8550 NOTICE OF VIOLATION AND ORDER TO CORRECT IDENTIFICATION 10/23/13 Comply Date: 30 Days Owner: Stanley N. Dye & Susan E. Dye Tax Parcel #: 29-16-1094-025 Property Address: 2050 Spring Road, Carlisle, PA 17013 Owner Address: 35 W. North Street, 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 by North Middleton Township as a result of such proceedings. VIOLATION LISTINGS North Middleton Township Code Ordinances, Chapter 204 Zoning Ordinance: §504 Expansion or Alterations A. Any nonconforming use may be expanded or altered through the acquisition of a special exception and subject to the following criteria and those contained in §204-605.C. of this Chapter. Violation Date: 10/23/13 Violation Description: Failure to obtain Special Exception to expand your non -conforming use Violation Comments: Obtain Special Exception for expansion of non -conforming uses THE DATE BEFORE WHICH THE STEPS FOR COMPLIANCE MUST BE COMPLETED: 30 Days after receipt of notice. Your cooperation in this matter is appreciated. G�/q.z3�i Rod Borda, Zoning Officer Date O C] t� O N U.S. Postal ServiceTF,, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Posta Stanley N. Dye Sent To Susan E. Dye ri Street, Apt. !i 35 W. North Street O or PO Box Al, N City, State, z Carlisle, PA 17013 PS Form 3800, August 2006 SENDER: COMPLETE THIS SECTION ▪ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Stanley N. Dye Susan E. Dye 35 W. North Street Carlisle, PA 17013 Postmark Here See Reverse for Instructions ❑ Agent ❑ Addressee i B. Received by ( Printed Name C. Date of Delivery f2 f !,, ,Qyy /1 -?%—/„d D. Is delivery ad ess dntfrom item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se r�rrEe Type Certified Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number:.• (Transfer from service label) 701E .1710 0000 6460,7559' PS Form 3811, February 2004 Domestic Return Receipt 102595-024.4-1540 Exhibit "B" NORTH MIDDLETON TOWNSHIP August 21, 2014 2051 Spring Road, Carlisle, PA 17013-1059 OFFICE (717) 243-8550 • FAX (717) 243-1135 • POLICE (717) 243-7910 Stanley & Susan Dye 609 Franklin Street Carlisle, PA 7013 Re: 2050 Spring Road, Carlisle, PA Non -conforming Uses Dear Mr. & Mrs. Dye: The businesses being operated at the above address are both non -conforming under the 2013 Codified Zoning Ordinance of North Middleton Township. As such, the outside stockpiling of anything, along with the storage containers on the property is not allowed. Both businesses were operating prior to the present Zoning Ordinance, so to that extent, some of the storage will be allowed to continue. The storage containers will be allowed at a maximum of four (4) containers. The port -a -potties will have a maximum of sixty five (65). No other outside stockpiling will be allowed of any type of material. All stockpiling of anything else must be removed, other than the before mentioned items. The Township will give you until September 22, 2014 to bring the property into compliance. Civil enforcement proceedings will be enforced again if the situation is not corrected. Rod Borda Zoning Officer North Middleton Township I,rn Emr-- C:1 D O D ra rqN m 1-9O U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pc MEM R Sent To Stanley & Susan Dye Street, ar 609 Franklin Street or PC Ba Carlisle, PA 17013 City, Stan .4 -,(„PIP/ Postmark Here VERIFICATION I, Rod Borda, Zoning Officer of North Middleton Township, being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 10 NORTH MIDDLETON TOWNSHIP By: Rod Borda, Zoning Officer CERTIFICATE OF SERVICE I 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: j01 i Stanley N. and Susan E. Dye, Appellants/Defendants 609 Franklin Street Carlisle, PA 17013 lVArk W. Allshouse, tty. I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Appellee/Plaintiff quire