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HomeMy WebLinkAbout05-2880OMMONWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OS - 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 District Justice on the date and in the case referenced below. 5-13 -0 C V - 00C)O666 - 05 1°C . V)R6 r (De/erManf) T?Pi?LF eec?wn/ Cv??P(1jPAn APPELLANT OR ATTORNEY OR AGEN? ? PA S?/. fit 95r /,z 7 nt was Claimant (see Pa R C P. D J No 1001(6) in ?__?. . . . . . This block will be signed ONLY when this notanon is [eyuucu U11- R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnelure of ProlhonWary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary appellee(s), to file a complaint in this appeal Enter rule upon .ZL. it 1Z VIZI N (v TDNIIJ$ I+1 P Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. (Common Pleas No. QC _a9P?? ? signature of appellant or attomey w agent 3/L VW IV (0 -rn4VJ fP appellee(s) RULE: To -- Name o(appellee(s) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dale: JU,,e' 3 ,20aS Sign reofProthonoteryor Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENVTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURI FILE TO BE FILED WITH PROTHONOTARY 1 4 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 Cheek applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) 20 ? by personal service ? by {certified} (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) an 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of ofllcial before whan> aHlpevil was mepe Tifle of oRcia! My commission expires on 20 AOPC 312A - 02 siynature ofaffiaw N C, IV rn c- C= &D a 0 0 N op6\\ _Q-QMMONWEALTH OF PENNSYLVANIA CMJNTY OF. CUDIBERLAND Mag. Dis. No.' 09-3-04 MDJ Name' Hon. THOMAS A. PLACEY Addf..5 104 S SPORTING HILL MECHANICSBURG, PA Telephone: (717 ) 761-8230 RD Fes" NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS --I FOILVER SPRING TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS 17050 rTRIPLE CROWN CORPORATION 5351 JAYCEE AVE. HARRISBURG, PA 17112 J TRIPLE CROWN CORPORATION 5351 JAYCEE AVE. HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: Docket No.: CV-0000068-OS Date Filed: 2/11/05 9 a ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ n6A Sn on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ E] Portion of Judgment for physical damages arising out of residential lease $ EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERI , JUDGEMENT 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. I (Date of Judgment) r, 113 Ins (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Al DISTRICT JUDGES IF THE 5 13 05 Date I certify that this is a true Date _ My commission expires first Monday of January, 2010 . Magisterial District Judge containing the judgment. Magisterial District Judge SEAL AOPC315-05 DATE PRINTED: 5/13/05 3:46:46 PM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 District Justice on the date and in the case referenced below. NAME OF APPELLANT , ? MAG DIST. NO. '.,,tr ' NAMe?O> r 1,1- M? ' J 4f e F a f ri'" #t 'p`"f .£:? :l ?A d 1 . ADDRESS OF APPELLANT `d M t• CITY i STATE , f} :+?r ZIP CODE f r s'? 41 r ... DATE OF JUDGMENT IN THE CASE OF (Plaintiff) f " ? ?r a i1??Y p l ? (Defendant)' , l A 4? . V .1vs DOCKET No. 51UNAI uptt rMrVrLLANr UM Al rUKNcT Vnr"C i i +f AAA / This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy I 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ) within twenty (20) days after se?ice of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To «.r>?i t µ zlil ?!" appellee(s) V d' -Name of appellee(s) (1) You ate notified that a rule is hefeby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upoa`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. ,r (3) The date of setvIre of this rule if service was by mail is the date of the mailing. -, 20 Date: Signafure of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ¦ 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: Si 1vE C d (Ode -, ?0?4C-Te r (it 6??'Iej 1 ?Ij 6`n5 Ow(i.1?0 Q; (cg ke-c.1nC nicsourq, A. ®"7Cgent B. Receiv by (Printed Na a C. pat of D ' D. Is delivery address dill t from Item 1? ? Yes If YES, enter delivery address below: la'No 3. Service Type 12Zertlfled Mail ? Express Mail t ? Registered 429-Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 1160 0004 4855 4458 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 - - .., . 1LE 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 r - - -? °fl AFFIDAVIT: I reby s ar { Irm) that I served 16 a copy of the Notice of Appeal, Common Pleas No. 05 ?&&( upon the District Justice designated therein on (date of service) 200,5 , ? by personal service ?.] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) V2?F, r1c) r vin!,^rs 3?: ?/? __ .. on (G •- ? 20015 ? by personal service ?C] by (certi(fied) (registered) mail, sender's receipt attached hereto. (SWOR EIE MED) AM Cf IBED BEF `ME •THIS, t f DAY,OF ! 2C( siq rhatu, official tie re ho»ft?aJPtw?s m de 'title of ?frciai ?`' c My commission expires on rf (?' 2Q COMMONWEALTH OF PENNSYLVANIA Notarial Seal LMV L. Rabin, NoWry plubiiic Axton TWp•, Dauphin County My Commission Expires Oct. 30, 2007 Member, Pennsylvania Association Of Notaries AOPC 312A - 02 M P , i s , p Signature of offiant y ( V1NVA1ASNjtq d r 63:1 Wd 9- Nnr sooa Adr'1QNOH108d 3Hi da 3a(-H©-0311A ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A?Sig a1/u ? '/?i 6? i r? ? Agent i X 111 C ?` \ Print your name and address on the reverse ? Addressee so that we can return the card to you. g, Received by (Printed Name) C. Da a of eliv? ¦ Attach this card to the back of the mailpiece, ?` J or on the front if space permits. D. Is delivery address different from item 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below; No ?1a c 6r-t-r ( Ecc'd ` 1 s ?? ( 3. se ice Type / O r ?? I 1 j+ ?Z i 1 L° t M il tifi d M il ? C press a er e a ? Registered NJ Return Receipt f or Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7pp4 y16a OD?4 4855 444], (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE -- LISPS '. i -First-,Glass Mail" Postage & Fees Paid Permif No. G-10 • Sender: Please print your name, address, and- ZtP±4-in thi5,bo?,_ Triple Crown Corporation 5351 Jaycee Avenue, Harrisburg, PA 17112 RECEIVED JUN 0 7 2005 SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY PLAINTIFF COURT OF COMMON PLEAS VS. No. 05-2880 CIVIL TERM TRIPLE CROWN CORPORATION DEFENDANT DEFENDANT'S PETITION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes The Defendant, Triple Crown Corporation, with a principal place of business and address located at 5351 Jaycee Avence, Harrisburg, Lower Paxton Township, Dauphin County, 17112, by and through their Attorney, Pietro L. Leone, Pennsylvania Supreme Court Identification Number 85127, file this Petition to Make Rule Absolute and in support thereof respectfully aver the following: 1. On May 13, 2005, the Honorable District Justice Thomas A. PIacey, Magisterial District Number 09-3-04 entered a judgment against the Defendant in favor of Plaintiff, Silver Spring Township. 2. Thereafter, on June 3, 2005, Defendant filed a timely appeal to have this matter heard before this Honorable Court (See Exhibit "A"). 3. Service of notice of the appeal was made upon the Plaintiff by certified, registered, return receipt mail on June 6, 2005 (See Exhibit "B") and proof of service was filed within 10 days after filing notice of appeal with this Honorable Court. 4. Also on June 6, 2005, a rule was entered upon the Plaintiff to file a complaint in this appeal within 20 days after the date of service. 5. As of the date of this petition more than 20 days have lapsed since service was issued upon the Plaintiff and to date no complaint in this appeal has been filed with this Honorable Court. Wherefore, the Defendant respectfully requests that this Honorable Court make the Rule Absolute and enter a Judgment of Non Pros against the Plaintiff. Respeci?ully Submitted, Pietro L4Le e , Esq. fhl Uh F'tNNJYLVAN COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 District Justice on the date and in the case referenced below. N 1A E' ?T ?f MAGy'DIST NO /'} rvntmt ur u.J. rt A ry.'Z I? ?y r d h A 11SI ?I r'r??te? F Y C/ (j l1J / dla/r""I? / 4l'.."4 4 ADDRESS OF APPELLANT CITY 6J ,f'A STATES ZIP cODE ,5?j) A/C-- t?4 J<'f??efX & /"? /7/'/ti. ,,,,??},?,.?? L.'' s ?71i.ilEf1" oJl"1J?1J4)? ?fi'!tiJt*J/J'rJ"` ?? {.??t'/-? :f?G'f.4?'!V t`p1J14?i°"U`?'?#£)fJp'"? DOCKET NO. ?y SIGNAT iPEL-ANT OR ATTORNEY OR AGENT rJ? Cyl Jpt V- 05 0) r? 64'J 0 -- 7 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (.see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ya Y &T2 5,0gi N (a Tow NS R t e appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No ) within twenty (20) days aft?se nice of rule or suffer entry of judgment of non pros. ? V Signature of appellant or attorney or agent RULE: To 8JL! h 'S)9pjnl6 -TtMW//f1 ,appellee(s) Name of appellees) (1) You gte 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 MAYBE ENTERED AGAINST YOU. b (3) The date of service of this rule if service was by mail is the date of the mailing. Date t )' ,^ C""'+-_ Signature of Prothonotary or Deputy " f ( M1f " l YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 APPELLANT'S COPY ¦ Complete items 1 item 4 if Restricte ¦ Print your name so that we can r ¦ Attach this car or on the front 1d Also complete v is desired. ess on the reverse t card to you. ack of the mailpiece, permits. 1. Article AQ dress Lo II ? Y// IgLn5 CGly I vu it civi vi ucq A. ?nt e. Race iv 5 by (Printed Natey O. Date of Deivery SEA-,?osu-y (,-<o D. Is delivery address d'ff t from item 1? ? Yes If YES, enter delivery address below: G3'Fio 3. Service Type ;j1_fertifed Mail ? Express Mail ? Registered 45-Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes A.vS1199attprrd/ -??`•. ? Agent X L' /" l Lt.•'i LL `/ C , `/? ? Addressee B. Received by (Printed Name) C. D.T. ofbeliverY D. Is delivery address different from Rem 1? U Yes If YES, enter delivery address below: y.+ No 3. SeS ice Type L7 Cartified Mail P ? 'ess Mail ? Registered tu RE ('Jr Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes '- Article Number 1160 0004 4855 4441 (rrensfer from service label) 7004 1160 0004 4855 4458 'S Form 3811, February 2004 Domestic Return Receipt 102595-02-M 9-540 + Return Receipt __ _71'iCC GVMYLfi11Yr (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTEP, filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNT`( OF ?L l!7. '!'ty 4-'-?, : ss /i' / AFFIDAVIT: I hereby (s ear (?" f 7lm that 1 served a copy of the Notice of Appeal, Common Pleas No. OJ _ )6,:(? upon the District Justice designated therein on (date of service) /-. 1200 j ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) IV2y „ n S),; .p on (Q ._ 12005 ? by personal service © by (partYfied) (registered) mail, sender's receipt attached hereto. (SWORf?.-j?'FIRMED) ANCj % BSS BED BEF¢fjE iME ?THtSi /f DAY,gF r s, , t) ri Siyhaf, official pc(orewhmnTa(fidavrtwas matte J I ? ? tl i TMyitle of comTic"al mission expires on/ 2Q` COMMONWEALTH OF PENNSYLVANIA Notanal Seal Amy L. Rabin, Notary Pudic Lower Paxton Tvp., Da,; County My Commission =_,pires Oct 30, 2007 Member, Pennsylvania Association O( Notaries 102585-02-M-15J0 T ?pp S?gneh re ofaBian( ACPC 312A - 02 r.. 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: ark it A Sg amt (qy X???"`.•?? ? ? Agent ?6,? ? Addressee B. Received by (Punted Name) C. Da a of .livery D. Is delivery address drfferent from item 1? U Yes If YES, enter delivery address below: Vf No 3. See ice Type L7 Certified Mail ? impress Mail ? Registered Rj Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 70[14 1160 0004 4855 4441 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 10259&02-M-1540 ¦ Complete items 1, 2, and 3.. Also complete A. S' lure item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. B. Receivep by (Primed ¦ Attach this card to the back of the mailpiece, S 4;"? ??p S 1 or on the front if space permits. CJ D. Is delivery address d'rfF 1. Article Addressed to: C?Ces G?cer(?nn)?? l?`n!S CGlV ! i V"q PI k? w-LVavi1CS?u?J1 ant ? Addressee C. Dat§ of D)D (o (s ? item 1? ? Yes If YES, enter delivery address below: Q'(Jc 3. Service Type K J1Gertifled Mail 0 Express Mail ? Registered C25-Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from from service label) 7001+ 1160 0004 4855 4458 (trans PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE-. In re: Silver Spring Township v. Triple Crown Corporation No(s). 05-2880 Civil Term I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below: Service by Certified Return Receipt Mail addressed as follows: Silver Spring Township C/O Zoning Officer/Codes Officer 6475 Carlisle Pike Mechanicsburg, PA 17050 Pietro L. Leone, Esq. Triple Crown Corporation 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 920-8959 Dated: June 27, 2005 VERIFICATION I verify that the facts contained in the above pleading are true and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). C Pietro L. Leone, Esq. Pennsylvania Supreme Court Id # 85127 ?? c? ? _ ? -? <?_ .-? ?.? -,- -„ ?? ._ ? ?? '? c,f i. -p „i, t,i =? "': 1 C4 y :7 l c: C, . 3 TOWNSHIP OF SILVER SPRING, Plaintiff V. TRIPLE CROWN CORPORATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ??? a SFl v C?? NO. CV-0000068-05 CIVIL TERM CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-: Dated: t* 27 Hummelstown, PA 17036 (717) 903-1268 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o on persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFI:CINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 TOWNSHIP OF SILVER SPRING, Plaintiff V. TRIPLE CROWN CORPORATION Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 06, qsF,) ? -).JV, NO. CV-0000068-05 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, comes the TOWNSHIP OF SILVER SPRI VG, Plaintiff, by its Solicitor, Steven A. Stine, and avers the following: The Plaintiff herein is the TOWNSHIP OF SILVER SPRING, a township of the second class located in Cumberland County, Pennsylvania, having its offices at 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 (the "Township"). 2. The Defendant herein is TRIPLE CROWN CORPORATION, a Pennsylvania business corporation with an address of 5351 Jaycee Avenue, Harrisburg, Dauphin County, Pennsylvania 17112 ("Triple Crown"). 3. Triple Crown is the record owner and in possession of a certain piece or parcel of land situated in the Township of Silver Spring, Cumberland County, Pennsylvania, known as the Bella Vista Subdivision (the "Subject Premises"). 4. The Bella Vista subdivision is a development of single-family homes. 4. On or about December 2, 2004, Triple Crown submitted to the Township an application for a Storm Water Management Permit for a Major Land Disturbance for the Subject Premises, a copy of which is attached hereto and marked as Exhibit "A". On or about January, the Township became aware that Triple Crown was undertaking earthmoving work on the Subject Premises without a Storm Water Management Permit. 6. Section 301 of the Township Storm Water Management Ordinance of 2003 (the "Ordinance") requires as follows: "A Land Disturbance Activity, as defined by this Ordinance, shall not be initiated until a Storm Water Management Permit has been issued." A "Land Disturbance Activity" is defined in Section 203 of the Ordinance, in pertinent part as follows: "Major Land Disturbance. The use of the land involving: (1) Installation of new impervious or semi-impervious surface that is either in excess of five thousand (5,000) square feet or two-thirds (2/3) of the total area, or (2) Diversion of piping of any natural or man-made watercourse, or (3) Removal of ground cover, grading, filling, or other excavation in excess of five (5) acres, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by Cumberland County Conservation District." 8. The earthmoving work undertaken by Triple Crown was in excess of five (5) acres, making it a "Land Disturbance Activity" as defined by the Ordinance. 9. The Township Zoning Officer, James Hall, visited the Subject Premises on or about January 19, 2005 and observed earthmoving work by Triple Crown's contractor, J. W. Gleim, Jr. (the "Contractor'). 4 10. Mr. Hall advised the Contractor that the Township had not yet issued a Storm Water Management Permit for the earthmoving work and the Contractor must stop work immediately. 11. On or about January 20, 2005, Mark DiSanto, President of Triple Crown was advised by Mr. Hall that no earthmoving work could occur on the Subject Premises until a Storm Water Management Permit would be issued. 12. A Storm Water Management Permit had not been issued because not all of the outstanding comments on Triple Crown's application had been addressed by Triple Crown. 13. On or about January 21, 2005, Mr. DiSanto contacted Mr. Hall requesting that the Storm Water Management Permit be issued because Triple Crown applied for the permit and paid the appropriate fees. Mr. DiSanto also advised Mr. Hall that since he had an Erosion and Sedimentation Permit from the Cumberland County Conservation District that he was going to resume earthmoving activities. 14. On or about January 24, 2005, without receiving a Storm Water Permit from the Township, Triple Crown resumed earthmoving activities on the Subject Premises in willful violation of the Ordinance. 15. On or about February 3, 2005, Mr. Hall filed a civil complaint with District Justice Thomas Placey for a violation of the Ordinance. 16. Section 502 of the Ordinance provides that any person who shall violate the Ordinance is subject to a fine of not more than one thousand ($1,000.00) dollars for each violation. 17. A Storm Water Permit for the Subject Premises was not issued until April 13, 2005. 18. After a hearing before District Justice Placey on April 29, 2005, a judgment was issued against Triple Crown on May 13, 2005 in the amount of $1,000.00. 19. Triple Crown filed a Notice of Appeal on June 6, 2005. 20. The Township demands reasonable attorney's fees pursuant to Section 1601 of the Second Class Township Code. WHEREFORE, the Township respectfully requests judgment against Triple Crown in the amount of $1,000.00 plus costs and reasonable attorney's fees. FT73TINE, ESQUIRE for the Township of Silver Spring Supreme Court ID #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 6 SP LICATLON FOR A STORM WATER MANAG NT PERA-11T M LTOR LAND DIS UREA N CE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania ------------- Application is hereby, made to Silver Spring Township for the issuance of a Storm Water Management Permit 13 ursuant to the specifications herewith submitted. 1. Nam.eof Property 0wner(s): Triale Crown Corporation Address 5351 Jaycee Avenue Harrisburg, PA 17112 Tele hone No.: 717 657-5729 Name of Applicant (if other than owner): Address: Telephone No.: 3. Project Location: Silver 4. Type of Earth Disturbance Activity: (see attached plans on file at Townshi A. New impervious or semi-impervious surface x (.sq. ft./ac.) B. Diversion or piping of natural or man-made watercourse x (linear ft.) C. Installation of the Following: Culvert X Retention Basin x Detention Basin X Sediment Basin X D. Removal of ground cover. grading, filling. or excavation X (sq, ft./ac.) 5. Tf the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. Bella Vista Final Subdivision Plan 2004-11F 6. Storm water Management Plan Prepared B: R.J. Fisher Associates, Tnr- Address: 1546 Bridge Street New Cumberland PA 17070 Tel hone No.: 717 774-7534 Fax No.: ('717 774-7190 The undersigned hereby represents that. to the best of their knowledge and belief, all information listed above is true correct and com lete. Date: Signature of Applicant L For Township Use Only File No.: Date of Recei VFiling (See Section 303.02) y i 0 ARM «'AT R MANAGEN[ENT PLAY CER IE CATE I hereby certify that, to the best of my knowledge and information. the storm water management facilities shown and described hereon are designed in conformance with the Silver Spring Township Storm Water Management Ordinance. t-L ?2- /"-j - /I, , t- Date Signature and Seal of the Registered Professional Responsible for the Preparation of the Plan (See Section 304.01.8) VERIFICATION The undersigned, JAMES E. HALL, as Zoning Officer of the Township of Silver Spring, hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated: loZ47?DS e6? J E. I Zoning Officer T ship o1 "Silver Spring CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Complaint upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this G ?t day of June, 2005. SERVED UPON: Triple Crown Corporation 5351 Jaycee Avenue Harrisburg, PA 17112 r ? ?^-?? ? °:=? cn 'tl 4._ ?jT -'? C11 J ?( 7 _._. j , =ri .- ? -1 - c_.? `7 _ l4'. "< SILVER SPRING TOWNSHIP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRIPLE CROWN CORPORATION, DEFENDANT 05-2880 CIVIL TERM ORDER OF COURT AND NOW, this l-H-L' day of July, 2005, the petition to make a rule absolute for the entry of a judgment of non pros for failure to file a complaint, IS DENIED. Plaintiff has filed a complaint. By !h w&rt/ Edgar B.-Bayley, J. Steven A. Stine, Esquire For Plaintiff Pietro L. Leone, Esquire ? , O For Defendant may'' C° :sal ? ?ncµ, , `?f- 7,?:7 r, a ? ? ?? utC''? ? ,z_ -t ,.?;..,;. ?-r a_r_ ??`" ?, ?? CJ r-' '-r zn Ja_ ~ O ° :? U c?+ Curtis R. Long Prothonotary (Off ire of the Vrotbonotarp Cumberranb ttCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e) .5-.788d -CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573