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COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No
.-I /u ir "V 11
NOTICE OF
/aahl. a«G
Notice is given that the appellant has fled 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.
NAMt uF APPELLANT
Silver Spring Township WG. DIST, NO
09-3-04 NAME OF D.J.
Thomas A Placey
ADDRESS OF APPELLANT CITY STATE ZIP CODE
6475 Carlisle Pike, Mechanicsburg , PA 17050
DATE OF JUDGMENT IN THE CASE OF (Plelntil) (Lwendam
2/2/06 Silver Spring Township ,Sutliff Enterprises, Inc
CV-0000568-05
I his block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
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 or appellee(s)
(Common Pleas No. ) within twenty (20) days.after service of rule or suffer entry of judgment of non pros.
Signature or appellant or attorney or agent
RULE: To , appellee(s)
Name of appellea/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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the retailing.
Date:
SVralwa aProtho, an or Deputy
,20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITONSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF as
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , 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) . on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Sgroture ofofhoaI befo re who in affidavit was made
Title of official
My commission expires on
20
Siooatwe ofaffia,V
r-'7 PJ _
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COMMONWEALTH OF PENNSYLVANIA
nnl IKITV nP- CUMBERLAND
Mag. Disi. No.:
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Addfa$$: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone. (717) 761-0230 17050
ATTORNEY FOR PLAINTIFF :
STEVEN A. STINK
23 WAVERLY DR
HUMMELSTOWN, PA 17036
THIS IS TO NOTIFY YOU THAT`.
Judgment:
® Judgment was entered for: (Name)
® Judgment was entered against: (Name)
in the amount of $ 258.5D on:
0 Defendants are jointly and severally liable.
F1 Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
NOTICE OF JUDGMENT/TRANSCRIP'
CIVIL CASE
PLAINTIFF. NAME and ADDRESS
'SILVER SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA 17050
L_
VS.
IEFENDANT: NAMeand ADDRESS
SUTLIFF ENTERPRISES, INC.
JOHN SUTLIFF
1301 PAETON STREET
HARRISBURG, PA 17104
at No.: CV-0000568-05
Filed: 10/13/05
(Date of Judgment) 2102106
(Date & Time)
Amount of Judgment $ 3.00
Judgment Costs $ 55.50
Interest on Judgment $ .00
Attorney Fees $ 200.00
Total $ 258.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ -
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF CO&
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT F
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDI
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COUF
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROC
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PL
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DI:
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
I certify that this is a true and correct
d Date
My commission expires first Monday of January, 2010 .
NTRY OF JUDGMENT BY FILING A NOTICE
ON PLEAS, CIVIL DIVISION. YOU
iM WITH YOUR NOTICE OF APPEAL.
IE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
OF COMMON PLEAS, ALL FURTHER PROCESS MUST
S MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
AS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
RICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
J
Magisterial District Judge
containing the judgment.;;
, Magisterial District Judge
SEAL
AOPC 315-05 DATE PRINTED: 2/02/06 9:34.:03 AM
u,
R .?
SILVER SPRING TOWNSHIP, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2006 - 1166 CIVIL
SUTLIFF ENTERPRISES, INC. : CIVIL ACTION -LAW
Defendant
I, STEVEN A. STINE, ESQUIRE, do hereby verify that I served a true and correct copy of
the Notice of Appeal from District Justice Judgment on the below-named Appellee and District
Justice by certified mail, this 1 st day of March, 2006, as evidenced by the receipts attached hereto. 1
further state that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unworn falsification to authorities.
SERVED UPON:
Sutliff Enterprises, Inc.
John Sutliff
1301 Paxton Street
Harrisburg, PA 17104
The Honorable Thomas A. Placey
104 S. Sporting Hill Road
Mechanicsburg, PA 17050
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
m
CERTIFIED MAIL
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seer
SILVER SPRING TOWNSHIP, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2006-1166 CIVIL
SUTLIFF ENTERPRISES, INC. : CIVIL ACTION -LAW
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 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
717-249-3166 //
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Dated: ?? ??
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) dias de plazo al partir de ]a fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en 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 per 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 OFICINA 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
SILVER SPRING TOWNSHIP, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2006-1166 CIVIL
SUTLIFF ENTERPRISES, INC. : CIVIL ACTION -LAW
Defendant
COMPLAINT
AND NOW, comes SILVER SPRING TOWNSHIP, Plaintiff, by its Solicitor, Steven A.
Stine, and avers the following:
The Plaintiff herein is SILVER SPRING TOWNSHIP, 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 SUTLIFF ENTERPRISES, INC., a Pennsylvania
business corporation with an address of 1301 Paxton Street, Harrisburg, Dauphin County,
Pennsylvania 17104 ("Sutliff').
1 Sutliff is the record owner of a certain piece or parcel of land situated in the
Township of Silver Spring, Cumberland County, Pennsylvania, with an address of 6515 Carlisle
Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 (the "Subject Premises")
4. The Subject Premises are occupied by an automobile dealership known as Saturn
of Carlisle Pike.
COUNTI
5. The averments in Paragraphs 1 through 4 hereinabove are incorporated herein by
reference thereto.
6. Prior to July 11, 2005, an advertising sign mounted on a motor vehicle was
periodically displayed on the Subject Premises (the "Temporary Sign").
On or about July 11, 2005, James E. Hall, Township Zoning Officer (the "Zoning
Officer") sent an Enforcement Notice of Violation to Sutliff for violation of Section 313.6.2 of
the Township Zoning Ordinance, which requires that a sign permit be issued by the Township
prior to displaying a temporary sign. A copy of the Enforcement Notice of Violation is attached
hereto and marked as Exhibit "A".
Sutliff has ignored, disregarded and defied the Enforcement Notice of Violation.
8. Sutliff has not applied for a permit for the Temporary Sign.
9. Sutliff did not appeal the Enforcement Notice of Violation to the Township
Zoning Hearing Board.
10. On or about October 13, 2005, Mr. Hall filed a civil complaint with District
Justice Thomas Placey for a violation of Section 313.6.2 of the Township Zoning Ordinance.
11. On or about October 17, 2005 and October 23, 2005, the Temporary Sign was
again displayed on the Subject Premises.
12. Because Sutliff did not appeal the Enforcement Notice of Violation to the
Township Zoning Hearing Board Sutliff is guilty of violating Section 313.6.2 of the Township
Zoning Ordinance, which guilt is unassailable.
11 Section 700.4 of the Township Zoning Ordinance provides that any person who
shall violate the Ordinance is subject to a judgment of not more than one five hundred ($500.00)
dollars plus all court costs and reasonable attorneys fees for each violation.
14. After a hearing before District Justice Placey on January 26, 2006, a total
judgment was issued against Sutliff on February 2, 2006 in the amount of $258.50, which
included a $3.00 judgment for three violations of the Township Zoning Ordinance, $55.50 in
costs and $200.00 in attorney fees.
15. Subsequent to the judgment issued by District Justice Placey, Sutliff has
periodically displayed the Temporary Sign on the Subject Premises in defiance of the
Enforcement Notice of Violation and judgment of District Justice Placey.
16. The Township filed a Notice of Appeal on March 1, 2006.
WHEREFORE, the Township respectfully requests judgment against Sutliff in the
amount of $1,500.00 plus costs and reasonable attorney's fees plus $500.00 per day for each
violation occurring subsequent to February 2, 2006, the date of the judgment from District
Justice Placey.
COUNT 11
17. The averments in Paragraphs 1 through 16 hereinabove are incorporated herein by
reference thereto.
18. Sutliff s periodic display of the Temporary Sign without a permit on the Subject
Premises in violation of the Zoning Ordinance will require a multitude of civil enforcement
proceedings at law in attempting to enforce said Zoning Ordinance as indicated by Sutliff s
defiance of the Enforcement Notice of Violation and the judgment of District Justice Placey.
19. Township has no adequate remedy at law.
WHEREFORE, Township respectfully requests your Honorable Court to enter judgment
against Sutliff as follows:
a. Enjoin Sutliff from displaying or allowing the display of the Temporary Sign on
the Subject Premises in violation of the Zoning Ordinance;
b. Order and direct Sutliff to permanently remove or have permanently removed the
Temporary Sign from the Subject Premises;
c. Order and direct such other and further relief as the Court shall determine to be
just and proper;
d. Assess costs and reasonable attorneys fees against Sutliff.
S
Spring Township
Supreme Court ID #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
EXHIBIT "A"
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
ENFORCEMENT NOTICE OF VIOLATION
Certified Mail 7004 1350 0005 1046 5492
DATE: July 11, 2005
TO: Sutliff Enterprises, Inc.
PO Box 1307
Harrisburg, PA 17105-1307
LOCATION OF PROPERTY IN VIOLATION:
Saturn of Carlisle Pike
6515 Carlisle Pike
Mechanicsburg PA 17050
Notice Sent By:
Certified Mail and
I" Class Mail
Tax Parcel Number:
38-19-1610-003
YOU ARE HEREBY NOTIFIED that you are in violation of Silver Spring
Township Zoning Ordinance on the following respect:
Section 313.6.2 Sign Permit - Posting temporary signs without a
permit
YOU ARE HEREBY FURTHER NOTIFIED that you must commence
compliance with the above referenced Township ordinance immediately upon delivery of
this notice, such compliance to be completed by:
July 20, 2005
?i
6475 Carlisle Pike ? Mechanicsburg, PA 17050-2391 ? (717) 766-0178 ? (717) 766-1696 FAX
Page 2
Enforcement Notice of Violation
YOU ARE FURTHER NOTIFIED that you have the right to appeal this notice to
the Silver Spring Township Zoning Hearing Board within thirty (30) days from the date
of delivery hereof in accordance with the procedures set forth in said Zoning Ordinance.
A copy of the Zoning Ordinance may be examined at the Silver Spring Township
Municipal Building, 6475 Carlisle Pike, Mechanicsburg, PA during regular business
hours.
YOU ARE FURTHER NOTIFIED that your failure to comply with this notice
within the time specified above, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation which can result in an abatement of the violation by injunctive
action through the Court of Common Plea of Cumberland County, and/or monetary
penalties after a hearing before a District Justice ranging from a minimum of $25.00 to a
maximum of $500.00 per day plus the costs of such action and including the Township's
reasonable attorney fees incurred in prosecuting this enforcement.
ames Hall
Zoning Officer
Silver Spring Township
Enclosure
cc: Board of Supervisors
Mr. William S. Cook, Township Manager
Mr. Kelly K. Kelch, Assistant Township Manager
JEH/kk
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print yajr 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 or, ale front if space permits.
1. Article Addressed to:
Sutliff Enterprises, Inc.
PO Box 1307
Harrisburg, PA 17105-1307
49L t C PT
2. Article Number
(rmnsfer hom service labeo
A. Signature ,
i? ? Agent
X
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S. Received bri(Pdeted Name) C. Da"
0. Is delivery address different from Item 1? ` 17 Ye:
If YES, enter delivery address YES, enter delivery address below: j No
3. S Ice Type
gertlfied Mail ? Express Mall
0 Registered 0 Return Receipt for Merchandise
? Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7004 1350 0005 1046 5492
PS Form 3811, February 2004 Domestic Return Receipt
102595-02WM 1540
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a en a Sutliff Enterprises, Inc.
M1 set,adcxo; PO Box 1307
or PO Box No. Harrisburg, PA 17105-1307
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VERIFICATION
The undersigned, JAMES E. HALL, as Zoning Officer of Silver Spring Township, 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.
S E. ` -l LL, Zoning Officer
Spring Township
Dated: 11.l119(o
CERTIFICATE OF SERVICE
I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of
the foregoing Complaint on the following below-named individual by depositing the same in the
U.S. Mail, postage pre-paid this 21st day of March, 2006.
SERVED UPON:
Sutliff Enterprises, Inc.
John Sutliff
1301 Paxton Street
Harrisburg, PA 17104
ST E
Attorney I.D.#44859
T
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Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
L Cp CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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