HomeMy WebLinkAbout05-5109
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CO - 67 01 CIVIL TERM
CIVIL ACTION - EQUITY
TOWNSHIP OF MONROE,
Plaintiff
HAROLD E. DEARDORFF, JR.,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by enter-
ing a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by
the court without further notice for any money claimed in the complaint
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAVirYER 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
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
(800) 990-9108
By:
JEN B. HIPP, Esquire
Pa. 1. No. 86556
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Solicitor for Monroe Township
TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
COMPLAINT
AND NOW, comes the Township of Monroe" Plaintiff, by its
Solicitors, Jennifer B. Hipp and James D. Bogar, and avers the
following causes of action in equity:
1. The Plaintiff herein is the Township of Monroe, a
township of the second class located in Cumberland County,
Pennsylvania, having its principal office at 1220 Boiling Springs
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055
(hereinafter the "Township").
2. The Defendant herein is Harold E. Deardorff, Jr., an
adult individual, with a mailing address of P. O. Box 368,
Lewisberry, York County, Pennsylvania 17339 (hereafter
"Deardorff") .
3. Deardorff is the record owner and in possession of a
certain piece or parcel of real estate situated in the Township
of Monroe, Cumberland County, Pennsylvania, known and numbered as
1294 Brandt Road, Mechanicsburg, Pennsylvania (hereinafter the
"Subject Premises") .
4. Deardorff was granted a zoning permit, same being dated
May 2, 2002 and being known as Zoning Permit No. 2002-37, to
construct a one family residential home in the Township's Agri-
cultural Zone (A).
5. In accordance with a time extension issued by the
Township on March 8, 2005, Zoning Permit No. 2002-37 expired on
September 1, 2005.
6. As of September 1, 2005, Deardorff had not completed
construction of the structure.
7. Gregory R. Rogalski, P.E. (hereinafter "RogalskiN),
Monroe Township Zoning Officer, issued a St:op Work Order to
Deardorff, by correspondence dated September 13, 2005 and sent
September 13, 2005 via Certified Mail and First Class Mail. A
copy of the September 13, 2005 stop Work Order is attached
hereto, made a part hereof and marked as Exhibit "AN.
8. On September 13, 2005, Rogalski spoke to Deardorff via
telephone issuing a verbal Stop Work Order for the Subject
Premises.
9. In order to continue work on the Subject Premises,
Deardorff must obtain a new zoning and building permit.
10. The Township requested a walk-through of the Subject
Premises to occur on September 20, 2005, which Deardorff ini-
tially agreed to participate in but later canceled.
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11. The Township believes that Deardorff may be
constructing a duplex-style dwelling which is not permitted in
the Township's Agricultural Zone (A) pursuant to the applicable
provisions of the Township's Zoning Ordinance.
12. Beginning on or about September 1, 2005, and
continuously thereafter and in disregard of the Township's
ordinances and notice of violation thereof as more specifically
averred hereinbelow, Deardorff has:
a. Continued construction of a duplex-style residential
dwelling on the Subject Premises without obtaining a
current zoning and building permit from the Township
and without full compliance with the Township Zoning
Ordinance; and
b. Continued construction of the duplex-style residential
structure after having received a verbal stop work
order on September 13, 2005, and written Stop Work
Order, also being dated September 13, 2005.
13. Deardorff has ignored, disregarded and defied the
verbal Stop Work Order given on September 13, 2005 and the
written Stop Work Order, also being dated September 13, 2005 and
issued via Certified Mail and First Class [~ail on September 13,
2005.
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COUNT I
14. The averments of Paragraphs 1 through and including 13
are incorporated herein by reference thereto.
15. Section 700.3 of the Township Zoning Ordinance sets
forth that the Rfailure to secure a zoning permit prior to ...
construction or alteration of any structure or portion thereof,
shall be a violation of this Ordinance." A copy of the Township
Zoning Ordinance Section 700.3 is attached hereto, made a part
hereof and marked as Exhibit RB".
16. Section 701 of the Township Zoning Ordinance sets for
the general requirements for zoning permits. A copy of the
Township Zoning Ordinance Section 701 is attached hereto, made a
part hereof and marked as Exhibit RC".
17. A duplex-style residential dwelling is not a permitted
use in the Township's Agricultural Zone (A). See Monroe Township
Zoning Ordinance Section 201.2 (listing permitted uses in the
Agricultural Zone). A copy of the Township Zoning Ordinance
Section 201.2 is attached hereto, made a part hereof and marked
as Exhibit RD".
18. Deardorff's use of the Subject Premises constitutes a
violation of the Township Zoning Ordinance, including but not
necessarily limited to, Sections 700.3, 70:C and 201.2 of the
Zoning Ordinance.
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19. The Township notified Deardorff of the Zoning Ordinance
violations via telephone call on September 13, 2005 and by a
written Stop Work Order, same being dated September 13, 2005 and
being sent via Certified Mail and First Class Mail on the same
date. See Exhibit nA".
20. Deardorff's continuing use of the Subject Premises,
which is in violation of Zoning Ordinance, will require a multi-
tude of summary conviction proceedings at law in attempting to
enforce said Zoning Ordinance as indicated by Deardorff's history
of dealing with violations of the Township's Ordinances and
responding to Stop Work Orders, as stated hereinabove.
21. The Township has no adequate remedy at law.
WHEREFORE, Township respectfully requests this Honorable
Court to:
a. Order Deardorff to pay to the Township the costs of
this action, attorneys' fees and any and all other
relief deemed just and appropriate;
b. Enjoin Deardorff from using the Subject Premises in
violation of the Zoning Ordinance;
c. Order and direct Deardorff to cease and desist all
construction-related activity as defined in the written
notice dated September 13, 2005 issued to Deardorff;
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d. Order and direct Deardorff to apply for a building
permit; and
e. Order and direct such other and further relief as the
Court shall deem just and proper.
September 28, 2005
Respectfully submitted,
R B. HIPP, ESQUIRE
Solici or for the
Township of Monroe
Pa. 1.0. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
JA ES D. BO
Solicitor f r
Township of nroe
Pa. 1.0. No. 19475
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authc ities.
DATE:
orf dl/DS
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GREGORY
Zoning
Morm<m~~HIP
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1220 Boiling ~rl~ Rood; Mechanlcsburg, PA 17055..9794
Phone: (717j:25~~2 '. '(717) 697,4613 . Fox: (717) 2S8-9311 . E-Moll: Monroelwp@mycomcast,com
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c$:~D:MAIL 91 7108 2133 3nl 4792 3244
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Sc:pte~ber 13, 200~
MNTP 0501.020
Harold E. DeatdOl'ff;Jr. ,
P.O. Box 368 ,
Lewisberry'PA 17339. "
RE: ~tim1~~.~t2002-37 and STOP WORK Order
1294 Brlllldt~ '
MoDroe TV~1 Q\lIiiherland County, PennSylvania
Dear Mr. Deardorff;
In accordance y.'iili ,~,'100:3 of the Monroe Township Zoning Ordinance, this letter
shall serve as an -e~~ntnotice for violations cUlrc:ntly present on the above
referenced propertf,,',~":~4ill.ce with the time ex.tension issued on March 8, ZOOS,
1j)ning pemiJt 200~:'$t;,~Piu:dOn September I, 200S, Any work perfotnl.ed 01) the
pxoperty atter thiS"ltilj,:'~'l!valid permit constitutes I~ violation in accordance with
Section 701.1 ofth,,~~~, ~Ji.& a result ofthe expiration of your zoning permit, you
are hereby ordec to'~!WbRK on the above referenclld property. Pursuant to our
phone conversation:'i)ll'\~emller 13,2005, you were given a vetbal stop work order on
the property. ,,' , ' '
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.IIi Ofdei' to coritill~~(Y\)U~lIlit obtain a new zoning and building permit. In order to
detemline the extent~.~ (:6r1lplete on the structure to vlllidate the permit awlication,
we have requested.;:~~"~'Ofthe strncture to occur aftl!!' our meeting on September
20, 2005, to which};Oi:t!~iv,e'~ All new zoning and building permits issued will be
in conformance wit)! :~;Pi'OviSiOlis of the Monroe Township Zoning Ordinance and the
Unifonn Construc.tlOiL. a(m~.' A new permit will not be issued for the Cuttent
configuration of l:lie; ~ij;,/ Y.:in' .will have the option to me'=t the criteria for a permitted
use in the Agrlcult\bjt:tQ~,'Or~ain a conditional use for the installation of ECHO
housing (in-laws q~tiri~tdance with the Ordinance. I have enclosed a building
permit application fOfyotiril$"t W1~ tbis letter.
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You are advised th~lii\~",or,Itoilthe property from this dat,= forward will be prosecuted
with a non-traffic ~~~~'through the District Justice office. Yau are advised that
you have the right t(r~ro'~ 1j)ning Hearing Board within 30 days of receipt.of this
notice in accordatl~::~ijil;l;,th~ ,pf9cedures set forth in the Zoning Ordinance. Failure: to
comply with the n~~:::Wi,t,hin~ time specified above, unle,ss extended by appeal to the
Zoning Hearing B~'~ililtes Ii violation. Such violation is enforceable by civil
.
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EXHIBIT
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September 13,2005 . . .. ..... Page 2 HlU'llJd E. Deardorff. Jr.
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enforcement proceedi~~~~bY.lbe.Town~hiP and fines may be levied aot to exceed
$500 plus court costs fot.;. . '~l!-Y,aV1olatlon IS continued.
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Moriroe Township led:' ,::.:;ii!.lt::~;rcsolving these issues in a timely manner to avoid any
further enforcement.li..:..y~ti:'.~Ye any questions regarding Ihls notice. please contact me at
the Township office at. .. .; ;: ".l3.~,."ltl.y office at 975-6481.
v er:y ttuly youts,
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G;\MNll'\OO4Ofi.03\lA3\9-13-05 ~""".:. ..
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Zoning Ordinance
Article?
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700.2.
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700.3.
E. Upon the request of the Board of SupelViSOlS or the Zoning Hearing
Board, present to such bodies facts, records, and any similar information
on specific requests, to assist such bodies in reaching their decisions;
F. To be responsible faT keeping this Ordinance and the Official Zoning
Map up to date, including any amendments thereto;
G. To remain eligible for the National Flood Insurance Program, the Zoning
Officer shall submit a biannual report to the Federal Insurance
Administration conceming the status of the Program in the Township (the
report form shall be provided by the Federal Insurance Administration);
H. To render a preliminary opinion regarding a proposed land use in
accordance with Section 916..2. of the Act; and,
I. To revoke a permit or appn)val issued under the provisions of this
Ordinance in case of any falSll 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, or
otherwise permitted by law;
Enforcement - This Ordinance shall be enforced by the Zoning Officer of the
Township. No zoning permit or certificate elf use and occupancy shall be granted by
himlher for any purpose except in compliance with the literal, provisions of this
Ordinance. The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcement when acting within hislher scope of
employment;
Violations - Failure to secure a zoning permit prior to a change in use of land or
structure, or the erection, construction or alleration of any structure or portion
thereof, shall be a violation of this Ordinance. It shall also be a violation of this
Ordinance to undertake other deliberate actions which are contrary to the tenns of
the Ordinance and any conditions placed iUpon the approval of special exceptions,
variances, and conditional uses. Each day that a violation is continued shall
constitute a separate offense.
If it appears to the Township that a violatioll of this Zoning Ordinance enacted under
the Act or prior enabling laws has occurred. the Township shall initiate enforcement
proceedings by sending an enforcement n,Jtice as provided in the following:
1. The enforcement notice shall be sent to the owner of record of the parcel on
which the violation has occurred, to any person who has filed a written request
to receive enforcement notices regan:ling that parcel, and to any other person
requested in writing by the owner of record;
2. An enforcement notice shall state at least the following:
A. The name of the owner of rec<lIo and any other person against whom
the Township intends to take action;
B. The location of the property in violation;
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EXHIBIT
B
Monroe Township (Enacted 9/17198)
163
Article 7 Zoning Ordinance
700.4.
700.5.
C. The specific violation with a description of the requirements which have
not been met, citing in each instan(:e the applicable provisions of the
Ordinance;
D. The date before which the steps for compliance must be commenced
and the date before which the steps must be completed;
E. That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in the OrdinanClI; and,
F. That failure to comply with the notice within the time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions c1ear1y described;
Enforcement Remedies - Any person, partnership or corporation who or which has
violated or pennitted the violation of the provisiornl of this Zoning Ordinance enaded
under the Ad or prior enables laws shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of not more
than fIVe hundred dollars ($500) plus all court costs, including reasonable attomey
fees incurred by the Township as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date I)f the determination of a violation
by the dislrid justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day that a violation continues shall constitute a separate violation,
unless the distrid justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership or
corporation violating the Ordinance to have bEllieved that there was no such
violation, in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation by the distrid
justice and thereafter each day that a violation continues shall constitute a separate
violation. All judgments, costs and reasonable attorney fees colleded for the violation
of the Zoning Ordinance shall be paid over to the, Township;
Causes of Action - In case any building, strudure landscaping or land is, or is
proposed to be, erected, constructed, reconstructed, altered, repaired, converted,
maintained, or used in violation of this OrdinanCE' enacted under the Ad or prior
enabling laws, the governing body or, with the approval of the governing body, an
officer of the municipality, or any aggrieved .owner or tenant of real property who
shows that his property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any appropriate adion or
proceeding to prevent, restrain, correct or abate suet! building, structure, landscaping
or land, or to prevent, in or about such premises, any ad, condud, business or use
constituting a violation. When any such action is iOlllituted by a landowner or tenant,
notice of that action shall be served upon the municipality at least thirty (30) days
prior to the time the action is begun by serving a copy of the complaint on the
governing body of the municipality. No such action may be maintained until such
notice has been given.
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164
(CnllCt8d 9/17198) Monroe Township
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Zoning Ordinance
Article?
Section 701
Permits
701.1.
General ReQuirements for ZoninQ Pemnns:
1. A zoning permn shall be required prior to:
A. a change in use of land or structure;
B. the erection, construction, improvement or alteration of any structure or
portion thereof, except thoSE' related to agriculture, eXcluding commercial
livestock operations;
C. the alteration or development of any improved or unimproved real estate,
including, but not limited to, mining, dredging, filling, grading, paving,
excavation or drilling operat,ions;
D. the erection or alteration of any signs specified in Section 313 of this
Ordinance; and/or,
E. the construction or installation of animal waste impoundments, lakes,
ponds, dams, or other water retention basins.
No zoning permn shall be required for repairs or maintenance of any structure
or land provided such repairs do not change the use or the exterior
dimensions of the structure, or otherwise violate the provisions of this
Ordinance;
2. Application for zoning permits shall be made in wrtling to the Zoning Officer,
3. Such zoning permits shall be granted or refused within ninety (90) days from
date of application;
4. No zoning permit shall be issued I~Xcept in conformity with:
A. all applicable regulations of this Ordinance;
B. any condnions imposed upon the site by the Zoning Hearing Board or
the Board of Supervisors; and,
C. any recorded subdivision or hmd development plan;
5. In all instances in which the Zoning Officer expresses a reasonable doubt as
to the ability of a proposed use to meet all of the above-described
requirements, n will be incumbent. upon the applicant to fumish adequate
evidence in support of his application. If such evidence is not presented, the
zoning permit will be denied;
6. Application for a permit shall be made by the Owner or Lessee of any building
or structure, or the agent of either; provided, however, that if the application
is made by a person other than the Owner or Lessee, n shall be accompanied
by a written authorization of the Owner or the qualified person making an
application, that the proposed wonk is authorized by this Owner. The full
names and addresses of the Owner, Lessee, Applicant, and of the responsible
officers, if the Owner or Lessee is a corporate body, shall be stated in the
application;
7. The Zoning Officer may call upon other Township Staff and/or Township-
appointed consultants in the review of submitted materials for applications;
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EXHIBIT
Monroe Township (Enacted 9/17/98)
165
Article 7 Zoning Ordinance
8. The Zoning Officer may revoke a PE'rmit or approval issued under the pro-
visions of this Ordinance in case of any false statement or misrepresentation
of fact in the application or on the pIa ns on which the permit or approval was
based or for any other cause set forth in the Zoning Ordinance;
9. Where a permit is required by this O!ttinance, but the work is commenced or
the use is commenced or changed plioI' to obtaining such permit, and after
notice by the Township, the fees set by ordinance or resolution of the
Township Board of Supervisors for such permit shall be doubled. The doubling
of the permit fee shall be required to lreflect the additional expense incurred
by the Township resulting from the neoo to inspect the property, respond to
any complaints, issue any enforcement notices and/or process the application
as soon as it is received. The payment of such increased permit fee shall not
relieve any person from complying with all requirements of this Ordinance or
any other applicable Township ordinances or from any penaities or
enforcement actions authorized by this Ordinance or the Act;
10. Issuance of Permits. Upon receiving the application, the Zoning Officer shall
examine the same within a reasonable time after filing. If the application or
plans do not conform to the provisions of all pertinent local laws, he shall
reject such application in writing, slating the reasons therefore. He shall inform
the applicant of his right to appeal to the Zoning Hearing Board in the event
such application is rejected. If satisfied that the proposed work and/or use
conforms to the provisions of the Zoning Ordinance and all laws and
ordinances applicable thereto, and that the certificate of use and occupancy
as required herein has been applied for, he shall issue a permit therefore as
soon as practical but not later than ninety (90) days from receipt of the
application;
11. Reconsideration of APDlication - An appli1cant whose request for a permit has
been denied by the Zoning Officer may make a later application for a permit
provided all deficiencies which were the basis for the prior denial of the permit
have been eliminated. The Zoning Officer shall not be required to make a new
inspection of the application if this condition is not met;
12. ExPiration of Permit - The permit shall eltpire after one (1) year from the date
of issuance; provided, however, that the same may be extended every six (6)
months for a period not to exceed an additional two (2) years, upon written
request by the applicant which demon:>lrates good cause to the Zoning
Officer;
13. Compliance with Ordinance - The 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;
14. ComPliance with Permit and Plot Plan - All WO!K or uses shall conform to the
approved application and plans for which the permit has been issued as well
as the approved plot plan;
15. Display of Zon/nQ Permit. All approved zoning permits shall be prominently
displayed on the subject property during construction, renovation,
reconstruction, repair, remodeling or the conduct of other site improvements.
Such permit displays shall occur within five (5) days of permit issuance, or
166 (Enacted 9/17198) Monroe Township
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Zoning Ordinance
Article 7
prior to the commencement of actual work on the stte, whichever occurs first.
Such permtt display shall be continuous until the stte receives tts certificate of
use and occupancy; and,
16. Temporary Use Permits - It is recognized that tt may be in accordance with
the purpose of this Ordinance to permtt temporary activities for a Iimtted
period of time, which activities malY be prohibtted by other provisions of this
Ordinance. If such uses are of such a nature and are so located that, at the
time of petition of special exception. they will:
A. In no way exert a detrimental effect upon the uses of land and activtties
normally permitted in the zone, or
B. Contribute materially to the welfare of the Township, particularty in a
state of emergency, under c:ondttions peculiar to the time and place
involved, then, the Board of :Supervisors may direct the Zoning Officer
to issue a permtt for a period not to exceed six (6) months. Such
permtts may be extended not more than once for an addttional period of
six (6) months;
701.2. AooIication for All Zonina Permits:
1. Applications shall contain a general desaiption of the proposed work,
development, use or occupancy of all parts of the structure or land and shall
be accompanied by plans in duplicate drawn to scale and showing the
following:
A. Actual dimensions and shape of lot to be developed;
B. Exact location and dimensiions of any structures to be erected,
constructed and altered;
C. Existing and proposed uses, including the number of occupied units,
businesses, etc., all structures are designed to accommodate;
D. Off-street parking and loading spaces;
E. Utility systems affected and proposed;
F. Alteration or development of any improved or unimproved real estate;
G. The size of structures and the number of employees anticipated; and,
H. Any other lawful information that may be required by the Zoning Officer
to determine compliance with this Ordinance; and,
I. Copies of any applicable approved subdivision or land development
plans; and,
2. If the proposed development, excavation or construction is located within an
area subject to regulation by the Monroe Township Floodplain Ordinance, the
following information is specifically mquired to accompany all applications, as
prepared by a licensed professional:
Monroe Township (Enacted 9/17/98) 167
Article 7 Zoning Ordinance
A. The accurate location and elevation of the floodplain and f1oodway;
B. The elevation, in relation to the National Geodetic Vertical Datum of
1929 (NGVD), of the lowest floor, including basements;
701.3.
C. The elevation, in relation to the NGVD, to which all structures and
util~ies will be f10odplOOfed or elevated; and,
D. Where f1oodproofing is proposed to be utilized for a particular structure,
the zoning perm~ application shall be accompanied by a document
certified by a licensed professional engineer registered by the
Commonwealth of Pennsylvania, or a licensed professional arch~ect
registered by the Commonwealth of Pennsylvania certifying that the
f1oodproofing methods used meet alii applicable codes and ordinances.
Aoolication for Zonino Permits for Uses in All Commercial and Industrial Zones:
1. A location plan Showing the tract to be developed, zone boundaries, adjoining
tracts, significant natural features, and st~~ets for a distance of two hundred
feet (200) from all tract bOundaries;
2. A plot plan of the lot showing the location of all existing and proposed
buildings, driveways, parking lots showing access drives, circulation patterns,
curb cut accesses, parking stalls access from streets, screening fences and
walls, waste disposal fields or other methods of sewage disposal, other
construction features on the lot, and the 101:ation of all topographical features;
3. A description of the operations proposed in sufficient detail to indicate the
effects of those operations in producing traffic congestion, noise, glare, air
pollution, water pollution, vibration, fire hazards, safely hazards, or the
emission of any potentially harmful or obnCllcious matter or radiation;
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4. Evidence that the disposal of materials and wastes will be accomplished in a
manner that complies with state and Fedeml regulations. Such evidence shall,
at a minimum, include copies of contracl:s with waste haulers licensed to
operate within Cumberland County which have been contracted to dispose of
the materials used and wastes generated on-site. The zoning perm~ shall
remain valid only so long as such contrac15; remain in effect and all materials
and wastes are properly disposed of on a ~egular basis. ShOuld the nature of
the use change in the future such that the materials used or wastes generated
change significantly, e~her in type or amount, the owner shall so inform. the
Zoning Officer, and shall provide additional ,evidence demonstrating continued
compliance with the requirements of this SEdion;
5. Engineering plans for the handling of traffic, noise, glare, air pollution, water
pollution, vibration, fire hazards, or safely hazards, smoke, or emission of any
potentially harmful or obnoxious matter or radiation;
6. Designation of the manner by which sanitary sewage and storm water shall be
diSposed and water supply obtained;
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7. The proposed number of shifts to be worked and the maximum number of
employees on each shift;
168 fEnacted 9I17198} Monroe Township
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Zoning Ordinance
Article 7
8. Where use by more than one finn is anticipated, a list of finns which are likely
to be located in the center, thElir floor area, and estimated number of
employees; and,
701.4.
Certificate of Use and OccupancY:
1. It shall be unlawful to use and/or occupy and structure, building, sign, and/or
land or portion thereof for which a zoning pennn is required herein until a
certificate of use and occupancy for such structure, building, sign, and/or land
or portion thereof has been issuecl by the Zoning Officer. The application for
issuance of a certificate of use and occupancy shall be made at the same
time an application for a zoning pennit is filed with the Zoning Officer as
required herein;
2. The application for a certificate of use and occupancy shall be in such fonn
as the Zoning Officer may prescribe and may be made on the same
application as n required for a zoning pennn;
3. The application shall contain the intended use and/or occupancy of any
structure, building, sign, and/or land or portion thereof for which a zoning
pennn is required herein;
4. The Zoning Officer shall inspect any structure, building, or sign within ten (10)
days upon notification that the proposed work that was listed under the pennn
has been completed and if satisllied that the work is in confonnity and
compliance with the work listed in the issued pennn and all other pertinent
laws, he shall issue a certificate of use and occupancy for the intended use
listed in the original application;
5. The certificate of use and occupancy or a true copy thereof shall be kept
available for official inspection at alii times;
6. Upon request of a holder of a zoning pennn, the Zoning Officer may issue a
temporary certificate of use and occupancy for a structure, building, sign,
and/or land, or portion thereof, befc.re the entire work covered by the pennn
shall have been completed, providl~ such portion or portions may be used
and/or occupied safely prior to full (;I)mpletion of the work without endangering
life or public welfare. The Zonillll Officer shall also issue a temporary
certificate of use and occupancy for such temporary uses as tents, use of land
for religious or other public or semi-public purposes and similar temporary use
and/or occupancy. Such temporary certificates shall be for the period of time
to be detennined by the Zoning Officer, however, in no case for a period
exceeding six (6) months;
7. A Certificate of Use and Occupanc~ shall not be issued for structures and
buildings located in subdivisions requiring Improvement Guarantees until the
structure or building abuts either a roadway which has been accepted by the
Township for dedication or abuts up)n a street which has been paved with a
base wearing course; and,
8. In commercial and industrial zones in which operation standards are imposed,
no certificate of use and occupancy shall become penn anent until thirty (30)
days after the facilnies are fully operational when, upon a reinspection by the
Monroe Township (Enacted 9/1719') 169
Article?
Zoning Ordinance
Section 702
702.1.
Section 703
703.1.
703.2.
Zoning Officer, n is detennined that the facilities are in compliance with all
operation standards.
Fees
Detennination - The Board of Supervisors may, by resolution, establish fees for the
administration of this Ordinance. All fees shall be detennined by a schedule that is
made available to the general public. The Board of Supervisors may reevaluate the
fee schedule and make necessary a~erations to n. Such a~erations shall not be
considered an amendment to this Oldinance and may be adopted at any public
meeting of the Beald of Supervisors.
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Amendments
Power of Amendment - The Boald of Supervisclrs may from time to time, amend,
supplement, change or repeal this Ordinance including the Official Zoning Map. Any
amendment, supplement, change or repeal may be inniated by the Township
Planning Commission, the Bcald of supervisors or by a petition to the Bcald of
Supervisors by an interested party;
Hearina and Enactment Procedures for Zonina Amendments:
1. Public Hearina - Before hearing and enacting Zoning Oldinance and/or Zoning
Map amendments, the Boald of SUpervisol1S shall conduct a publiC hearing to
infonn the general public of the nature of the amendment, and to obtain public
comment. Such public hearing shall be conducted after public notice (as
defined herein and listed below) has been given.
2. Public Notice - Before conducting a public hearing, the Boald of Supervisors
shall provide publiC notice as follows:
A. Notice shall be publiShed once each week for two successive weeks in
a newspaper of general circulation in the municipality. Such notice shall
state the time and place of the hearing and the particular nature of the
matter to be considered at the hearingl. The first publication shall not be
more than thirty (30) days, and the SE,cond publication shall not be less
than seven days from the date of the hearing. Publication of the
proposed amendment shall include either the full text thereof or the title
and brief summary, prepared by the municipal solicitor and setting forth
all the provisions in reasonable detail. If the full text is not included:
o A copy of the full text shall be supplied to a newspaper of general
circulation in the municipality a~ the time the public notice is
published; and,
o An attested copy of the proposed Oldinance shall be filed in the
county law library or other county office designated by the county
commissioners, who may impose a fee no greater than that
necessary to cover the actual costs of storing said Oldinances;
1
170
/Enacted 9117"8) Monroe Township
Article 2
Zoning Ordinance
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Section 201
201.1.
201.2.
Agricultural Zone (A)
Purpose - The primary purpose of this zone is to promote the economic and profitable
continuation of agricultural activities. This Zonll was specifically constructed to present
minimal impediment to and/or interference with the conduct of the Township's agricultural
operations so as to enhance the local farming e,::onomy.
Permitted Uses
1. Agriculture, excludinCl commerciallivestclck operations;
2. Horticulture and forestry-related uses, including timber harvesting;
3. Single-family dwellings;
4. Family day care facilities;
5. Public and nonprofit parks and playgrounds;
6. Public uses and public utilities underground structures;
7. Retail sale of nursery and garden materials subject to the following:
A. All greenhouses and nurseries shall have vehicular access to an arterial or
collector road;
B. The display and sale of items not grown on the premises and nursery or garden
equipment shall be incidental to the nursery operation. The display area for
these items shall not exceed twenty-five percent (25%) of the total gross display
and sales area on the subject property; .
C. All outdoor display areas shall be set back at least twenty-five feet (251 from the
street right-of-way line;
D. All structural improvements (including parking and loading facilities, but not
including a freestanding sign) shall bn screened from adjoining land within the
(R-l) or M Zones;
E. One flat wall or wall projecting attachl~d sign may be permitted advertising the
business. Such sign shall not exceed six (6) square feet in size; and,
F. Minimum lot size - 2 acres; and,
8. Accessory uses customarily incidental to thll above permitted uses, including, but not
limited to the following:
A. Roadside stands for the sale of agricultural products grown on the site, subject
to the following:
a. All structures used to display gOlxls shall be no more than five hundred
(500) square feet in size, and shall maintain a setback of fifteen (151 from
edge of road, and
b. Such facilities shall be permitted signs as set forth in Section 313 of this
Ordinance.
B. Beekeeping, subject to the following:
a. It shall be the duty of the beekeeper to maintain each colony so as to not
create a public nuisance;
b. In no case shall hives be located within twenty-five feet (251 of any
residential property line; furtherm()re, any hives located within seventy-five
feet (751 of any adjoining property line or street shall be separated from
such property line or street by a minimum six foot (61 high solid fence or
vegetative obstruction that will direct the flight path of the bees above
traffic and pedestrians; and
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EXHIBIT
3J
(Enacted 9/17"') Monroe Township
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Zoning Ordinance
Article 2
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c. Hives shall not be oriented to children's play areas or neighboring
properties.
C. Manure storage facilities, as an accessory use to a fann, subject to the following
regulations:
a. All manure storage facilities shall be designed in compliance with the
guidelines outlined in the publication Manure Management for
Environmenta/ Protection, Elureau of Water Quality Management
Publication No. 43, and any revisions, supplements and replacements
thereof, published by the Pennsylvania Department of Environmental
Protection; .
b. All manure waste storage facilities' designs shall be reviewed by the
County Conservation District. The applicant shall fumish a letter from the
Conservation District attesting to approval of the design of the proposed
facility; and,
c. Construction and subsequent operation of the waste storage facility shall
be in accordance with the permit and the approved design. Any design
changes during construction or subsequent operation will require the
acquisition of another review b~f the County Conservation District a record
of which should be filed with the Zoning Officer.
D. Accessory occupations, subject to tile following:
a. Only one accessory occupati(ln is pennitted per fann which must be
conducted as an accessory USE! to the fann;
b. No more than the equivalent of six (6) nonresidents shall be employed by
the accessory occupation, and' at least one (1) owner of the accessory
occupation must reside on the site. For the purposes of this section,
"employed" shall be defined as involved in the on-site conduct of the
accessory occupation:
c. The use must be conducted willhin one (1) completely enclosed building.
No external activities and/or storage shall be pennitted. Where practicable
the accessory occupation shall be conducted within an existing fann
building. However, any new buillding constructed for use by the accessory
occupation shall be located so as not to interfere with site drainage and
clear sight triangle and, if possible, behind the fann's principal buildings, or
must be no less than fifty feet (SO~ from any adjoining roads or properties;
d. Any new building constructed for use by the accessory occupation shall be
of a design so that it can be readily converted to aglicultural use, or
removed, if the accessory occupation is discontinued;
e. No part of an accessory occupation shall be located within one hundred
feet (1 OO~ of any side or rear lot line, nor three hundred feet (300~ of any
land within a residential zone. Such distances shall be measured as a
straight line between the clOSEtst points of any physical improvement
associated with the accessory ol::cupation and the property/zoning line;
f. The accessory occupation shall occupy no more than fourthousand (4,OOO)
square feet of gross floor area, nor more than one (1) acre of lot area.
However, any access drive serving the accessory occupation and the fann
shall not be calculated as land serving the accessory occupation. Vehicular
access to the accessory occupati,on shall be limited to the existing cartways
of the fann;
g. No more than fifty percent (SO%) of the land devoted to an accessory
occupation shall be covered by buildings, structures, parking or loading
areas, or any other impervious surfaces;
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Monroe Township (Enacted 9/17",8) 31
Article 2
Zoning Ordinance
h. Any sign used for an accessory occupation shall not exceed twelve (12)
square feet in size, and shall be set back a distance at least equal to its
height from every lot line;
i. For fann parcels of up to fifty (50) acres in size, while any accessory
occupation exists, no nonfaml subdivision of the site shall be pennitted;
j. Retail sales shall be limited to goods and materials that are incidental to
production on the site. In no ,case shall the area devoted to retail sales
comprise more than twenty percent (20"A.) of the gross floor area; and,
k. Evidence shall be provided inclicating that the disposal of all materials and
wastes will be accomplished in a manner that complies with State and
Federal regulations. Such eviclence shall, at a minimum, include copies of
contracts with waste haulers licensed to operate within Cumberland County
which have been contracted t,) dispose of the materials and wastes used
or generated on-site or some other legal means of disposal. The zoning
pennit forthis use shall remain valid only so long as such contracts remain
in effect and all materials and wastes are properly disposed of on a regular
basis. Should the nature of the accessory occupation change in the future,
such that the materials used or wastes generated changes significantly
either in type or amount, the owner of the fann operation shall so infonn
the Zoning Officer, and shall provide additional evidence demonstrating
continued compliance with the requirements of this section;
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E. Noncommercial keeping of livestock, subject to the fOllowing criteria:
a. Minimum Lot Area - One (1) alcre. Additionally, the following list specifies
additional area requirements by size of animals kept:
GROUP 1 - Animals whOSll average adult weight is less than ten (10)
pounds shall be pennitted at an animal density of twelve
(12) per acre, with a maximum number of fifty (50)
animals;
GROUP 2 - Animals whOSll average adult weight is between ten (10)
and sixty-five (65) pounds shall be pennitted at an animal
density of two (2) per acre, with a maximum number of
twenty (20) aniimals; and,
GROUP 3 - Animals whosE~ average adult weight is greater than sixty-
five (65) pouncls shall be pennitted at an animal density of
one (1) per al:re, with a maximum number of five (5)
animals. ,
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b.
The keeping of a combination of animal types (Groups 1, 2 and 3) shall
require an animal density equal to the ratio of the number of animals, by
type. In no case shall a lot contain more than fifty (50) total animals;
The follOwing lists minimum s,etbacks (from all property lines) imposed
upon the placement of any structure used to house noncommercial
livestock. Should one structure be used to house a combination of animal
types, the most restrictive setback shall apply:
32
(Enacted 9tf719B) Monroe Township
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GROUP 1 Animals-
GROUP 2 Animals -
GROUP 3 Animals -
A twenty-five foot (25') setback;
A fifty foot (50') setback; and,
A fifty foot (50') setback;
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Zoning Ordinance
Article 2
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201.4.
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c. All structures used to house noncommercial livestock. shall be prohibited
from placement in the front yard;
d. All outdoor pasture/recreation areas shall be enclosed with fencing to
prevent the escape of the animals; and,
e. All animal wastes shall be stored and disposed of, so as not to be
objectionable at the site's property line. All animals, their housing, and their
outdoor pasture/recreation areas shall be maintained so as not to become
a nuisance to adjoining properties;
F. Incidental slaughter of livestock raised on the site.
Special Exception Uses (Subject to the lreview procedures listed in Section 400 of
this Ordinance.)
1. Bed and breakfasts (see Section 407);
2. Home occupations (see Section 431);
3. Kennels (see S'ection 434);
4. Riding schools and stables (see Section 446); and,
5. Two-family conversions (see Section 454).
Conditional Uses (Subject to the review procedures listed in Section 400 of this
Ordinance).
1. Airports/heliports (see Section 402);
2. ECHO housing (see Section 421);
3. Temporary fann employee housing (see Section 452);
4. Cluster developments (see Section 413);
5. Commercial stockyard, feedlot and/or col11merciallivestock. operations (see Section
416);
6. Flag lot residences (see Section 423); and,
7. Historic structures conversions (see Section 429).
8. Helistop (see Section 457)
33
Monroe Township (Enacted 9/17/98)
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TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
PETITION FOR PRELIMINARY INJUNCTION
WITHOUT PRIOR WRITTEN NOTICE ],ND HEARING
AND NOW, comes the Petitioner, the Township of Monroe, by
its Solicitors, Jennifer B. Hipp and James D. Bogar, and files
this Petition for Preliminary Injunction, pursuant to Pa. R.C.P.
1531(a)', as follows:
1. The Township of Monroe (hereinafter "Township") filed a
verified Complaint in Equity, in the above-referenced matter, on
September 28, 2005.
2. The Township is Township of the second class and is
excused from the requirement of filing a bond or depositing legal
'Pa. R.C.P. 1531(a) provides-"A Court shall issue a
preliminary or special injunction only after written notice and
hearing unless it appears to the satisfaction of the court that
immediate and irreparable injury will be sustained before notice
can be given or a hearing held, in which case the court may issue
a preliminary or special injunction without a hearing or without
notice. In determining whether a preliminary or special
injunction should be granted and whether notice or a hearing
should be required, the court may act on the basis of the
averments or the pleadings or petition and may consider
affidavits of parties or third persons or any other proof which
the court may require."
tender with the Prothonotary of Cumberland County, pursuant to
Pa. R.C.P. 1531(b).
3. Harold E. Deardorff, Jr. (hereinafter "Deardorff") is
the record owner of real property known and numbered as 1294
Brandt Road, Mechanicsburg, Monroe Township, Cumberland County,
Pennsylvania 17055 (hereinafter MSubject Premises").
4. The Subject Premises are located in the Township's
Agricultural Zone (A).
5. Deardorff is constructing what appears to be a duplex-
style dwelling at the Subject Premises.
6. A duplex dwelling is not a permitted use in the
Township's Agricultural Zone (A).
7. Deardorff was granted a zoning permit, same being dated
May 2, 2002 and being known as Zoning Permit No. 2002-37, to
construct a one family residential home in the Township'
Agricultural Zone (A).
8. In accordance with a time extension issued by the
Township on March 8, 2005, Zoning Permit No.. 2002-37 expired on
September 1, 2005.
9. Gregory R. Rogalski, P.E. (hereinafter MRogalski"),
Monroe Township Zoning Officer, issued a Step Work Order to
Deardorff, by correspondence dated September 13, 2005 and sent
September 13, 2005 via Certified Mail and First Class Mail. A
2
copy of the September 13, 2005 Stop Work Order is attached
hereto, made a part hereof and marked as Exhibit "AH.
10. On September 13, 2005, Rogalski spoke to Deardorff via
telephone issuing a verbal Stop Work Order for the Subject
Premises.
11. In the Stop Work Order, Mr. Rogalski advised that the
Township scheduled a walk-through of the Subject Premises to
occur on September 20, 2005.
12. Deardorff advised Rogalski, via telephone message, that
he was unable to attend the September 20, 2005 walk-through.
13. Deardorff has continued construction efforts on the
Subject Premises since receiving the Stop Work Order.
14. Deardorff has ignored, disregarded and defied the Stop
Work Order issued by the Township.
15. By Ordinance No. 2004-1, the Township elected to
administer and enforce the building code provisions of the
Pennsylvania Construction Code Act.
16. The Pennsylvania Construction Code Act adopts and sets
forth rules and regulations governing any and all construction
occurring within the Commonwealth of Pennsylvania.
17. The Monroe Township Zoning Ordinance sets forth rules
and regulations by which the commencement and construction of any
building or structure in the Township is to take place.
3
18. Deardorff has been advised that he must cease and
desist any and all activities related to continued construction
of the duplex-style residential dwelling.
19. To date, Deardorff has not stopped any of his
construction activities.
20. Ordering a preliminary injunction without notice and
hearing will not have a negative impact on Deardorff because he
will be afforded a hearing as ordered by this Court.
21. Deardorff's continued construction of the duplex
residential dwelling would continue to be in violation of
Township Zoning Ordinance.
22. Deardorff has not permitted the Township to inspect the
duplex residential dwelling since the Sep.tember 13, 2005 Stop
Work Order was issued, thereby preventing the Township from
verifying that the structure is in compliance with the Township
Zoning Ordinance and applicable provisions of the Pennsylvania
Construction Code Act.
WHEREFORE, the Plaintiff, Monroe Township, respectfully
requests, pursuant to Pa. R.C.P. 1531(a), that a preliminary
injunction be granted by this Court, without notice and hearing.
Without notice and hearing, in order to preserve the status quo
and avoid immediate and irreparable harm until such time as this
4
Court finally determines the rights of each party by Ordering that:
(a) That a preliminary injunction and permanent injunction
by issued directing Defendant:
(i) to immediately cease and de,sist the continued
construction related to the duplex residential
dwelling that Deardorff is causing to be
constructed on the subject premises; and
(ii) remit to the Township the costs of this action,
attorneys' fees and any and all other relief
deemed just and appropriate.
(b) A hearing be scheduled, pursuant to Pa. R.C.P.
1531 (d) .2
September 28, 2005
Respectfully submitted,
~\.\ ~"
JEN FER B. HIPP, ESQUIRE
Solicitor for the
Township of Monroe
Pa. 1.0. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
'Pa. R.C.P. 1531(d) provides--An injunction granted without
notice to the defendant shall be deemed dissolved unless a
hearing on the continuance of the injunction is held within five
days after the granting of the injunction or within such other
time as the parties may agree or as the court upon cause shown
shall direct.
5
I.IONROOirelWfSlI1P
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1220 ~Ilng ,~~ R~d; M\>chanlcsburg, PA 17055.9794
Phone: (717):25~~:2. '(717) 697.4613 . Fox: (717) 258-9311 . E-MaM: Monroetwp@mycomcast.com
. . .
, . .
CE~D:MAIL 91 710821333931 47923244
SeptCl!lber 13, 200~
MNTP050l.020
Harold E. Deardorff;Jr. ,
P.O. Box 368
Lewisberry,PA 17139. '.
RE: ExFatioi1'#'i~;U~enmt 2002-37 and STOP WORK Order
1294 Br8Ddt~. .
MoDroe Tt.oJlio_ ~rllDd County, PeIUlSyI'vanJa
Dear Mr. DeiUdorff:
In accordance wiih $<<lP~,'100:3 of the Monroe Township Zoning Ordinance, this letter
shall serve ll$ an ~i1~~i.lt.lwti(:e for violations cllm:ntly prt:sent on the above
referenced propertii,:.:u..::~-diI1ce with the time extension issued on March 8, 2005.
Zoning Pemiit 200~.':t:;~~::on September 1, 2005. Any work performed On the
pxopcrty after this dilj4i:1ii@ioUil! valid permit constitutes a violation in accordance with
Section 701.1 of t~:~i .'Ai a result of the expiratlo~1 of your zoning permit, you
arc: hereby order to'::~"WOllK on the above referencedl property. Pursuant to our
phone convel"Sation'@'~mber 13,2005, you were given.1. vetbal stop work order on
the property. .' .' .' .'
In6riltif to cOlltinue~.%jjliIlJst obtain a new zoning and building pennit. In order to
d.eteunine the extent~~ ()O~plete all the structure to validate the permit application,
we have requested...:.''Ii!\IIk~thi!t:&Ute sl111cture to occur after our meeting on September
20, 2005, to which yPiiijj.Vl:'~ All new zoning and building permits issued will be
in conformance wi$ ;~:PfoviSi~s of the Monroe Township Zoning Ordinance and the
Unifotm ConstructlOif. dtld~.' A new pennit will not be issued for the current
confi:guxation of tlie;~;; y.)ri.wlll have the option to meet the criteria for a permitted
use in the A8rlcUlti;l~tiQlie.'or Obtain a oonditional use for the installation of.ECHO
housing (in-laws q~,ln.~rd.ance with the Ordinance. I have enclosed a building
permit application fl;j'y~ Use With this letter.
o '" I "
You are advised ~~:~orkoiuhe property from this date forward wil1 be prosecuted
with a non-traffic c_~~:through the DiStriCt Justice office. You are advised that
you have the right t().~to;t~ Zoning Hearing Board wlUtin 30 days of receiptor this
notice in accori:bui~,'~~f#.:theP!9cedllres set forth in the :Wning Ordinance. Failure to
comply with the n~~::W,il;hin:th~ time specified above, unless llxteoded by appeal to Ute
Zoning Heari!!8 B~'el'QiiStii\'xtes a violation. Such 'violation is IMforceable by civil
", .. " ' . "
~ EXHIBIT
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September 1:3,2005 '.... ..::...;. :. Page 2 HaluJd E. Deardorff, Jr.
. .....;..~...l'j1" tl . ~i""
. .~:;';'"....",,~:-;!.-.'.' '". .
enforcement proceedi~~~ by the Township and fines may be levied not to exceed
$500 plus C011rt costs faf~<<a~y,aYililation is continued.
Moriroe Township .1od~~Mt"to:resolving these issues in a timely manner to avoid any
further enfo~ment.a:~iji(t~,,~tH.Ye any questions regardh~g this notice. please contact me at
the Towmhlp officeat~l~ ~my office at 975-6481.
',. .
Veryttu1y youts, . .':
.....
G;1MN'Il'IOO'06.0311A3i9-U-05 ~~ .'
GRRIgn .
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cc:
Harold E. Pe~:~r;~:Mail)
Monroe Towll8Jt~"1f:'$'npervI8ors
James D. Bogar;, ~(fa~:) '.. .
Nevin Myers, t~ . ::::' ,,)~;~ad, Mecbanicsburg, P A 17<055
Joseph Terz, 121m. h .~. Mechanicsburg, FA 17055
'., "t. ..\~ .'" . '.:, , 1'..
lC.evin Benton;:3 ".... ".,',aouse Road South, Mechw:ucsburg, PA 17055
A-Fi1e ..:' .'. .
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TOWNSHIP OF MONROE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
: NO. 05-5109 CIVIL TERM
: CIVIL ACTION - EQUITY
v.
HAROLD E. DEARDORFF, JR.,
Defendant
IN RE: PETITION FOR PRELIMINARY INJUNCTION
ORDER OF COURT
AND NOW, September 30,2005, hearing on Plaintiff's Petition for
Preliminary Injunction is set for Wednesday, October 19, 2005, at 10:00
a.m. in Courtroom No.1.
By the Court,
ji/~
J:
(,. Wesley Ole, Jr.,
!~ifer B. Hipp, Esquire
. James D. Bogar, Esquire
Solicitors for the Township of Monroe
One West Main Street
Shiremanstown, PA 17011
For the Plaintiff
~
~rold E. Deardorff, Jr.
PO Box 368
Lewisberry, PA 17339
Defendant
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In the Court of Common Pleas of
Cumherland County, Pennsylvania
vs.
No. 05---5J01
Civil. W- 2-tJ1J5
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To
Prothonotary
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Attorney for Plaintiff DCNNt> J. >Kllm
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OF
No.
Term. 19 _
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vs.
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PRAECIPE
Filed
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. Atty.
,
TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
HAROLD E. DEARDORFF, JR.,
Defendant
05-5109 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of October, 2005, upon
consideration of Plaintiff's Petition for Preliminary Injunction,
following a hearing held on this date, and the Court finding (1)
that a preliminary injunction is necessary to prevent immediate and
irreparable harm which cannot be compensated for by damages, (2)
that greater injury would result from the denial of the preliminary
injunction than from the granting of it, (3) that a preliminary
injunction will operate to restore the parties as nearly as
possible to the status quo as it existed prior to the alleged
wrongful conduct in the form of Defendant's proceeding with
construction at 1294 Brandt Road, Mechanicsburg (Monroe Township),
Cumberland County, Pennsylvania (a) after a zoning permit had
expired, (b) in the absence of an application for extension of the
expired permit or for a new zoning/building permit, and (c)
notwithstanding a stop-work order issued by Plaintiff, and (4) that
Plaintiff's right to a preliminary injunction is clear and general
equity jurisdiction is warranted, Plaintiff's petition is granted
and Defendant is preliminarily enjoined from proceeding with
construction on or occupancy of the said premises pending further
order of Court.
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By the Court,
J.
~nnifer B. Hipp, Esquire
James D. Bogar, Esquire
Solicitors for the Township
One West Main Street
Shiremanstown, PA 17011
Fir the Plaintiff ~
vtennis J. Shatto, Esquire
P.O. Box 11847
Harrisburg, PA 17108-1847
For the Defendant
pcb
SHERIFF'S RETURN - OUT OF COUNTY
.1
CASE NO: 2005-05109 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TOWNSHIP OF MONROE
VS
DEARDORFF HAROLD E JR
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
DEARDORFF HAROLD E JR
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT - EQUITY
On November 2nd, 2005 , this office was in receipt of the
attached return from YORK
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So answe:t:""" ..-.7 .//'/. ._~.'
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R./ Thomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
Postage
18.00
9.00
10.00
53.07
.74
90.81
11/02/2005
JAMES D BOGAR
Sworn and subscribed to before me
this ^If!;:: day of~
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COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINE 1 THRU 12
DO NOT DETACH ANY COPES
2 COURT NUURE" 05- 5109
4 ripeOF WRIT ORCOMP;,.~-trE~ft--
Notice & Co~p~aint CIEQ
, PLAINTIFF/S!
Monroe Township
3 DEFENDANT/51
Harold E. Deardorff, Jr.
SERVE { 5 NAME OF INDIVIDUAl. COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLD
....... Harold E. Deardorff, Jr.
..". 6 ADDRESS (STREET OR RFQ IJIJITH BOX NUMBER. APT NO, CITY, BORD, TWP. STATE At-lD liP CODE)
AT 981 Pinetown Road, Lewisber~ PA 17:n9
7 INDICATE SERVICE ~PERSONAL lJ PERSON IN CHARGE DEPUTIZE a..ih!,~tl~6.La LJ 1ST CLASS MAil U POSTED !.J OTHER
NOW Sept30 , 20__~ I. SHERIFF OF ~ COUNTY, PA, do hereby deputize the shenff of
York.. . COUNTY to execute this~nt .}!la! return there~~rdmg
to law This deputlzatlon being made at the request and risk of the Plaintiff.:;;;ft-v.~'_"''''' ~ -0::;. f'
, S RIFF OF _ cO\J
8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT V\llLL ASSIST IN EXPEDITING SERVICE 0/ C Cumberland
If Mr. Deardorff cannot be found at 981 pinetown Road, we recomnend trying to serve him at
889 Schoolhouse lane, Lewisberry, PA.
ADV Ft:E bY ATOCLeasemail return of service to Cumberland County Sheriff. Thank you.
NOTE: ONLY APPUCABlE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenff leVYing upon or attachmg any property under wlthm wnl may leave same
without a watchman. in custody of whomever is found in possession, after notlfymg person of levy 0( attachment. wIthout liability on the part of such deputy 0( the sheriff to any plaintiff
herein for any loss. deslrudion, 0( removal of any property before sheriffs sale thereof
9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER 11 DATE FILED
Jennifer B. Hipp, Esquire,( James D. Bocrar law OfficP-~
12 SEND NOTICE OF SERV1CE COPY TO NAME AND ADDRESS BELOW _!Thls area must be completed" notice IS to be mailed)
CUMB~RLAND GO SHERIFF ONE COURTHuUSE SQ CARLISLE PA 17013
Jeru1lfer B. Hlpp, Esq., One West Main Street, Shirerranstown, PA 17011
SPACE BELOW FOR USE OF TtE StERFF - DO NOT WRITE BELOW THIS LINE
13 I acknOWledge receipt of the wnt ,. DATE RECEIVED 15 Explralion/Heanng Date
orc:om......I.....'caledabove R AHRENS 10/4/05 10/30/05
16 HOW SERVED PERSONAL (
17
RESIDENCE (
POSTED ( )
POE ( I
SHERIFF'S OFFICE ( )
OTHER (
SEE REMARKS BELOW
22 REMARKS
41_AFFIRMED.~",!~UbSCribe~lt~be~fore_,e.l.htS ~.OT H{h....... ,.
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COMMONV\U\LTH OF PE~~?,{ARY
NOTARIAL SEAL
LISA L. BOWMAN, NOTARY PUBLIC
f""ITV ()J: vnRK YORK COUNTY
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47 DATE
BOSi,
48 SIgnature of Foreign
County Shenff
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49 DATE
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TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 05-5109 CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
PETITION TO
REMOVE PRELIMINARY INJUNCTION
1. petitioner is Harold E. Deardorff, Jr., Defendant in this
action.
2. Respondent is Township of Monroe, Plaintiff in this
action.
3. By Order of Court dated October 19, 2005, Your Honorable
Court entered a preliminary injunction against petitioner herein.
4. On October 24, 2005, petitioner filed with the Township a
request for extension of his zoning permit so that he could
complete the duplex on his property.
5. The Township has not taken action on Petitioner's request.
6. The Township has no right to an inspection of the duplex
before taking action on the request.
7. The Uniform Construction Code is not applicable to the
completion of the duplex, and a building permit is therefore not
required.
8. The issuance of an extension of the zoning permit, or
alternatively the issuance of a new zoning permit, is a
ministerial act.
9. petitioner is entitled by right to an extension of the
zoning permit or the issuance of a new zoning permit.
10. The western unit is without heat because Petitioner is
prohibited by the stop work order and the preliminary injunction
from installing the furnace.
11. The duct work for the separate units is not connected,
and the furnace in the eastern unit cannot be used to heat the
western unit.
12. The joint treatment of the drywall in the western unit
has not had sufficient time to adequately cure, and will crack and
otherwise be damaged if there is not sufficient heat in the unit.
13. A substantial portion of the duplex was constructed after
the expiration of the zoning permit, and the Township should be
estopped from requiring issuance of such a permit for completion of
the duplex.
WHEREFORE,
petitioner respectfully requests that Your
Honorable Court remove the preliminary injunction against him, or
alternatively, allow an exception to the injunction for the
installation and activation of the appropriate heating system for
the western unit.
Respectfully submitted,
Date:
(1- }/J/lJ'7
CLECKNER AND FEAREN
/ /;/1 A ~ / / /
By: /~'L/L/(/ty.
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
VERIFICATION
I verify that the statements made in the foregoing document
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. Section 4904, relating to unsworn
falsification to authorities.
l-Ji [4EL/;R
DATE:
Mv. }.-~
, 2005
-
CERTIFICATE OF SERVICE
I, DENNIS J. SHATTO, hereby certify that I served a true and
correct copy of the foregoing document upon the person(s) indicated
below, by depositing same in the United States mail,
postage
JoA/
.l:L. day
prepaid at Harrisburg, Dauphin County, Pennsylvania, this
of November, 2005.
Jennifer B. Hipp, Esquire
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
CLECKi;;;~
By
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
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NOV ? 8 2005
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TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 05-5109 CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
IN RE: PETITION TO REMOVE PRELIMINARY INJUNCTION
ORDER OF COURT
AND NOW, this ~ day of ~, 2005, hearing on
Defendant's Petition to Remove Preliminary Injunction is set for
_ ~oO,
~c;:<3, 2.005-, at ~o' clock in Courtroom No. 1.
By the Court,
zj{
J.
Jennifer B. Hipp, Esquire
James B. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
For the Plaintiff
() J.-/JS
4J/J .~--^-
Dennis J. Shatto, Esquire
Cleckner and Fearen
P. O. Box 11847
Harrisburg, PA 17108-1847
For the Defendant
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TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-5109
CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
PRAECIPE FOR WITHDRAWAL OF
PETITION FOR PRELIMINARY INJUNCTION
To the Prothonotary, Curtis R. Long:
Dear Mr. Long:
The Township of Monroe, by its Solicitors, Jennifer B. Hipp,
Esquire, and James D. Bogar, Esquire, files this Praecipe for
Withdrawal of Petition for Preliminary Injunction and sets forth
as follows:
1. The Township of Monroe (hereinafter "Township") filed a
Petition for Preliminary Injunction without Prior Written Notice
and Hearing with this Honorable Court on September 20, 2005.
2. A hearing was held regarding the Township's Petition on
October 19, 2005.
3. On October 19, 2005, the Honorable J. Wesley Oler, Jr.
issued an Order enjoining Harold E. Deardorff, Jr., from further
construction activities at the subject property, 1294 Brandt
Road, Mechanicsburg, Monroe Township, Cumberland County, and
prohibiting Deardorff from occupying the subject property.
,.
.....
4. The Township no longer believes that a Preliminary
Injunction is warranted or necessary and hereby withdraws its
Petition for Preliminary Injunction.
5. The Township's Solicitors and the attorney for
Deardorff have determined that the hearing scheduled for March
23, 2006 at 1:30 p.m. to review Deardorff's Petition to Remove
Preliminary Injunction is no longer warranted or necessary.
6. By copy of this Praecipe, the Township avers that
Deardorff is agreeable to cancelling the hearing scheduled for
March 23, 2006 at 1:30 p.m. to review Deardorff's Petition to
Remove Preliminary Injunction.
WHEREFORE, Monroe Township, respectfully withdraws its
Petition for Preliminary Injunction without Prior Written Notice
and Hearing and requests that the hearing scheduled for March 23,
2006 at 1:30 p.m. be cancelled.
March 6, 2006
Respectfully submitted,
IFER . HIPP, ESQUIRE
Sol citor for the
Township of Monroe
Pa. I.D. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
t.
CERTIFICATE OF SERVICE
We hereby certify that we are this date serving a copy of
Monroe Township's Praecipe for Withdrawal of Petition for Prelim-
inary Injunction by sending the same upon the person and in the
manner indicated below:
Service by first-class mail and by facsimile addressed as
follows:
Dennis J. Shatto, Esquire
Attorney for Harold E. Deardorff, Jr.
119 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
Facsimile No. 238-8481
Monroe Township
By:
Esquire
Solicitor for
Monroe Township
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
March 6, 2006
,.
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TOWNSHIP OF MONROE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
HAROLD E. DEARDORFF, JR., :
Defendant
NO. 05-5109 CIVIL TERM
ORDER OF COURT
AND NOW, this 7'h day of March, 2006, upon consideration of the attached letter
from Jennifer B. Hipp, Esq., Solicitor for Monroe Township, the hearing previously
scheduled for March 23, 2006, is cancelled.
knifer B. Hipp, Esq.
One West Main Street
Shiremanstown, PA 17011
Solicitor for Plaintiff
~nis J. Shatto, Esq. .--\
119 Locust Street
P.O. Box 11847
Harrisburg, PA ]7108-1847
Attorney for Defendant
:rc
BY THE COURT,
, ~
TOWNSHIP OF MONROE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-5109 CIVIL TERM
HAROLD E. DEARDORFF, JR.,
Defendant
CIVIL ACTION - EQUITY
PRAECIPE FOR WITHDRAWAL OF COMPLAINT
To the Prothonotary, Curtis R. Long:
Dear Mr. Long:
The Township of Monroe, by its Solicitors, Jennifer B. Hipp,
Esquire, and James D. Bogar, Esquire, files this Praecipe for
Withdrawal of Complaint and sets forth as follows:
1. Monroe Township withdraws its Complaint in the above-
captioned matter without prejudice.
WHEREFORE, Monroe Township, respectfully withdraws its
Complaint without prejudice.
March 20, 2006
Respectfully submitted,
JE ER B. HIPP, ESQUIRE
Solicitor for the
Township of Monroe
Pa. I.D. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
I '
CERTIFICATE OF SERVICE
We hereby certify that we are this date serving a copy of
Monroe Township's Praecipe for Withdrawal of Complaint by sending
the same upon the person and in the manner indicated below:
Service by first-class mail and by facsimile addressed as
follows:
Dennis J. Shatto, Esquire
Attorney for Harold E. Deardorff, Jr.
119 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
Facsimile No. 238-8481
Monroe Township
By:
c~
Jen i er B. Hipp, Esquire
I
Solicitor for
Monroe Township
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
March 20, 2006
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