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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. nt,
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.
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AnnRFSA nF A!PPFI I ANT CITY STATE ZIP CODE
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DATE OF J/UDGMENT IN THE CASE OF (Plalntiff) -- (Dorn aan
2. 11?2zpre
DOCKET No. SIGNATURE OF APPELLANT ATTORNEY OR AGENT
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.
Sgoatum of Prothonotary Pr 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 ....J jL....fh Q
C?
appellee(s), to file a complaint in this appeal
V Name otappellee(s) V
f
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of jud moot on
Signatu of appellant or attorney or agent
RULE: To
l.YGfie _Se W21, appellee(s)
N One of 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.
Dater , 20Cj?,
Signal of Prothonotary r ep y J
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANTS 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) BAYS AFTER filing of the notice of appeal. Check appilcable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirrn) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District,IU,stice 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,
senders receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
,2f)
S+gnahna of officiel before whom effidavfl was made
Titre ofofficral
My commission expires on
20
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COMMONWEALTH OF PENNSYLVANIA
(-ntJNTY nF- CUMBERLAND
Mag DIsi Na'
09-3-04
MDJ Name'. Hon.
THOMAS A. PLACEY
Address' 104 S SPORTING HILL RD
MECHANICSBURG, PA
Talephon. (717) 761-8230 17050
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS _
?SILVSR SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
FFELMLER, ROONEY L.
1170 PEST TRINDLE RD
MECHANICSBURG, PA 17050
ROONEY L. FELMLEE L J
1170 WEST TRINDLE RD DocketNo.: CV-0000473-05
MECHANICSBURG, PA 17050 Date Filed: 9/07/05
4
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) STT.VTtR g9RTxa TALPNSRTP
® Judgment was entered against: (Name) FELMT,88 gnoNx4 T.-
in the amount of $ 5n5 _ FO on:
El Defendants are jointly and severally liable.
? Damages will be assessed on:
El 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 $
(Date of Judgment) 4/1II4/0f;
(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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
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 DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
i Date Magisterial District Judge
I certify that this is a true a d correct copy of the record ofthep oceedings containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2010. SEAL
AOPC 315-05 DATE PRINTED: 4/04/06 9:19:35 AM
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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 f4 m6£IZL '? /y/6 ss
AFFIDAVIT., I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas OG,,Z,37,upon the District Justice designated therein on
(date of service) Z 20® jr- , ?
sender's receipt attached hereto, and upon the appellee, (name)
s Z 209)4
sender's receipt attached hereto.
(SWORN) FFIRMED) AND SUBSCRIBED BEFORE ME
THIS `iS DAYOF MC"j 20-ACL6.
bbl" IIG n 1( n l 1!.
Signature of official before whom affidavit was made
NA)A-u ru Clerk
Title of official
My commission expires on 1 n c? (c , 20_.
COMMONWEALTH OF PENNSYLVANAI
NOTARIAL SEAL
LINDA McCLELLAN, Notary Public
8oro of Carlisle, Cumberland County
My Commission Expires Oct. 26, 2008
? by personal service
by personal service?y (certified) (registered) mail,
Ur rrNNOYLVANIA
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.
Cf/-ooooy73-OS"
finis DIocK viii De signea UNLY when mis notation is requirea unaer 1-a. It appelrant was ,Ialmant (see ma. K.G.P.D.J. No. 1Uu1(o) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justce, 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 riling the NOTICE of APPEAL.
Sbwe &Pratlrw wywt)&"
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
appeilee(s), to file a complaint in this appeal
V NNttaMofappenee(s) V
(Common Pleas No. ?I ) within twenty (20) days after service of rule or suffer entry of jn
-V1r- i G
Slgnat bfapkabrit oratmmeypr awt
RULE: To '/7 ,appellee(s)
-?11],i , ,.?, :.
(1) Yofits?ified theta rule istiV9by entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule W by personal serv oF`,py certified or registered mail.
(2) If.,a not file a complaint within tfGs time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
rA.
(3) The date of ser)}kie.pf tfiit<tle if aenACe was by mail is the date of the mailing.
Date , 2Q 112 a
S et o
YOU MUST INfrU11WAO60Y OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE
SILVER SPRING TOWNSHIP, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2006-2455 CIVIL
ROONEY L. FELMLEE, : 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
E SQUIRE
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Dated: 7
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 la 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 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 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. 2006-2455 CIVIL
ROONEY L. FELMLEE, CIVIL ACTION -LAW
Defendant
COMPLAINT
AND NOW, comes SILVER SPRING TOWNSHIP, Plaintiff, by its Solicitor, Steven A.
Stine, and avers the following:
1. 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 Rooney L. Felmlee, an adult individual with an address
of 1170 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050
("Felmlee").
3. Felmlee 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 1164 West
Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (the "Subject
Property")
4. The Subject Property was improved by a structure, which was known as the
Locust Point Inn, the dilapidated portion of which has been demolished.
COUNTI
5. The averments in Paragraphs 1 through 4 hereinabove are incorporated herein by
reference thereto.
6. On or about November 17, 2003, the Cumberland County Bighted Property
Reinvestment Board adopted a resolution, which determined that the Subject Property was
blighted.
7. On or about February 11, 2004, Felmlee obtained a Demolition Permit from the
Township to demolish the dilapidated portion of the structure, which existed on the Subject
Property. A copy of the Demolition Permit is attached hereto and marked as Exhibit "A".
8. On or about June 30, 2004 the Cumberland County Redevelopment Authority sent
a letter to the Township requesting that the Township pursue enforcement of any applicable
Township ordinances concerning the Subject Property.
9. During the demolition process and thereafter, Felmlee allowed debris to
accumulate on the Subject Property for long periods in excess of fifteen (15) days.
10. On or about August 8, 2005, James E. Hall, Township Zoning Officer (the
"Zoning Officer") sent an Enforcement Notice of Violation to Felmlee for violation of Section
302.3 of the Township Zoning Ordinance, which prohibits the accumulation of trash, garbage,
refuse or junk for a period exceeding fifteen (15) days. A copy of the Enforcement Notice of
Violation is attached hereto and marked as Exhibit "B".
11. Felmlee has ignored, disregarded and defied the Enforcement Notice of Violation.
12. As of the date of this Complaint, an accumulation of debris continues to exist on
the Subject Property.
13. Felmlee did not appeal the Enforcement Notice of Violation to the Township
Zoning Hearing Board.
14. On or about September 7, 2005, Mr. Hall filed a civil complaint with District
Justice Thomas Placey for a violation of Section 302.3 of the Township Zoning Ordinance.
15. Because Felmlee did not appeal the Enforcement Notice of Violation to the
Township Zoning Hearing Board Felmlee is guilty of violating Section 302.3 of the Township
Zoning Ordinance, which guilt is unassailable.
16. 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.
17. After a hearing before District Justice Placey on March 28, 2006, a total judgment
was issued against Felmlee on April 4, 2006 in the amount of $505.50, which included a $250.00
judgment for the violation of the Township Zoning Ordinance, $55.50 in costs and $200.00 in
attorney fees.
18. Subsequent to the judgment issued by District Justice Placey, the Subject Property
continues to contain an accumulation of debris in defiance of the Enforcement Notice of
Violation and judgment of District Justice Placey.
19. Felmlee filed a Notice of Appeal on May 2, 2006.
WHEREFORE, the Township respectfully requests judgment against Felmlee in the
amount of $500.00 plus costs and reasonable attorney's fees plus $500.00 per day for each
violation occurring subsequent to April 4, 2006, the date of the judgment from District Justice
Placey.
COUNTII
20. The averments in Paragraphs 1 through 19 hereinabove are incorporated herein by
reference thereto.
21. Township has no adequate remedy at law.
WHEREFORE, Township respectfully requests your Honorable Court to enter judgment
against Felmlee as follows:
a. Order and direct Felmlee to permanently remove or have permanently removed
the accumulation of debris from the Subject Premises to come into compliance
with Section 302.3 of the Township Zoning Ordinance;
b. Order and direct such other and further relief as the Court shall determine to be
just and proper;
C. Assess costs and reasonable attorneys fees against Felmlee.
Supreme Court ID #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
Solicitor for Silver Spring Township
EXHIBIT "A"
DEMOLITION OF STRUC FORE 3
APPLICATION AND PERMIT No.
Silver Spring Township, Cumberland County, Pennsylvania
6475 Carlisle Pike, Mechanicsburg, PA 17055 Date 3 t2 of
Phone 766-0178 / FAX 766-1696
Application is hereby made for Structure Demolition in accordance with the requirements of the Building
ordinances and amendments. Applicant shall notify the Pennsylvania Department of Environmental
Protection (717 657-4587) when proposed demolition involves commercial or public property, or multiple
dwellings. a ^A - ? ._ .
PROPERTY`
OuthmI; Y#I J f i U t t ?^?L ff ADDRESS 11.7n ":2) PHONE
/??/!z'Ch??Px/?CJB?/ylG' ,1?4 /70.1-x'
CONTRACTOR ADDRESS PHONE
WORKERS COMP. CERTIFICATE
LOCATION: Street/Road /??? Lot No. Section
DEVELOPMENT NAME ZONE CLASSIFICATION C-
LOT: Width _2e%_2" Length Total Sq. Feet '7
?
?
Setback distance - Side yard distance
v
TYPE of BLDG. Residential Apt. Industrial Other
Concrete Block Wood Steel Masonry Other
Foundation c/
Floor
Roof
Exterior Walls `f
Other
ESTIMATED COST FEE FOR PERMIT
If Business or Industry, do you have a State Permit? Number
Heat: Hot Water Hot Air Electric
Fuel: Oil Gas Coal
SEWAGE: Private Septic Tank Public Sewage
WATER SUPPLY: Private Well Public Utility
No. Bathrooms Number Bedrooms
Are plans and specifications attached?
Fireplace
Total No. Rooms -
If not, where can they be examined by the Buildi:
Inspector?
If commercial or industrial, number of parking spaces
Signature of Applicant
Approved By
rlimnC21 nP
itt l g .
Date ?2_ //. el
waste mn.cr cmmniv with the Cumberland County Solid Waste Management Plan.
EXHIBIT "B"
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 5515
DATE: August 8, 2005
TO: Rooney Felmlee
1172 West Trindle Road
Mechanicsburg, PA 17055
LOCATION OF PROPERTY IN VIOLATION:
1164 West Trindle Road
Mechanicsburg, PA 17055
Notice Sent By:
Certified Mail and
1St Class Mail
Tax Parcel Number:
38-09-0539-010
YOU ARE HEREBY NOTIFIED that you are in violation of Silver Spring
Township Zoning Ordinance on the following respect:
Section 302.3 Accumulation of trash, garbage, refuse or 'funk for a
period exceeding (15) fifteen days is prohibited
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:
August 18, 2005
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.
ilver Spring Township
Enclosure
cc: Board of Supervisors
Mr. William S. Cook, Township Manager
Mr. Kelly K. Kelch, Assistant Township Manager
JEH/kk
F. In addition, the parking or storage of any trailer, other than those
accessory to a principal residential use, is expressly prohibited;
302.2. Outdoor Stockpiling - In all zones, no outdoor stockpiling of any material is
permitted in the front yard. In any residential zone, the outdoor stockpiling of
materials (except firewood) for more than one (1) year, is prohibited;
302.3. 'rash. Garbage, Refuse, or Junk - Except as provided in Sections 424 and 430 of
this Ordinance, the outdoor accumulation of trash, garbage, refuse, or junk for a
period exceeding fifteen (15) days is prohibited;
302.4. Dumpsters - All trash dumpsters shall be located within a side or rear yard,
screened from adjoining roads and properties, and completely enclosed within a
sight-tight masonry or fenced enclosure equipped with a self-latching door or gate;
302.5. Domestic Composts - The placement of framed enclosure composts as an accessory
residential use is permitted, subject'to all accessory use setbacks. Only waste
materials from the residential site shall be deposited within the compost, and in no
case shall meat, or meat by-products, be composted. All composts shall be
properly maintained so as not to become a nuisance to nearby properties; and,
302.6. Parking and Storage of Unlicensed or Uninsnected Motor Vehicles - Motor
vehicles without current, valid license plates or current, valid inspection stickers shall
not be parked or stored in any zone other than in a completely enclosed building. The
requirements of this section shall not be applicable to farm implements and other farm
vehicles not normally used as a means of conveyance on public highways. Nothing
contained herein shall be deemed to authorize the parking or storage of any motor
vehicle in any zone, unless such motor vehicle is an accessory use to the present use
of the lot. Notwithstanding the foregoing, this section, in and of itself, shall not be
interpreted to prevent the unenclosed storage of motor vehicles without current, valid
license plates and current, valid inspection stickers if such storage is performed in
conjunction with the legal operation of a motor vehicle sales establishment, a motor
vehicle service or repair establishment, or a junkyard.
302.7 Vehicle Storage as an Accessory Use to Automobile Sales Vehicle Storage shall be
permitted as an accessory use to Automobile Sales in the Highway Commercial Zone
(C-3), Light Industrial Zone (I-1) and General Industrial Zone (I-2), subject to the
following criteria:
a) For every one (1) parking space reserved for combined customer parking,
employee parking and vehicle display, four (4) additional spaces may be used
for vehicle storage.
b) The minimum size for a vehicle storage space shall be eighteen (18) feet in
length and nine (9) feet in width.
c) Interior landscaping and interior driveways and aisles are not required.
Cilwor Cnrinn Tnnmehin 7nnino r)rrlinonre _17A_ Article 1 Backeround Provisions
JOINT-USE DRIVEWAY - A common driveway that serves two to four adjoining
dwellings within the Village Overlay Zone. Additionally, joint-use driveways can
serve up to four adjoining residential lots.
JUNK - Used and/or discarded materials, including, but not limited to, waste paper,
rags, metal, building materials, house furnishings, machinery, vehicles, or parts
thereof.
JUNKYARD - An area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of used and discarded materials, including
but not limited to, waste paper, rags, metal, building materials, house furnishings,
machinery, vehicles, or parts thereof, with or without the dismantling, processing,
salvage, sale, or other use or disposition of the same. The deposit or storage on a
lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part
thereof, shall be deemed to constitute a "junkyard." (A disabled vehicle is a vehicle
intended to be self-propelled that shall not be operable under its own power for any
reason, or a vehicle that does not have a valid current registration plate or that has a
certificate of inspection which is more than sixty (60) days beyond the expiration
date.)
NNEL - Any lot on which two or more animals that are older than six months
(except relating to a farm) that are kept, boarded, raised, bred, treated, or trained
for a fee, including but not limited to dog or cat kennels.
LANDOWNER - The legal or beneficial owner or owners of land including the
holder of an option or contract to purchase (whether or not such option or contract
is subject to any condition), a lessee if he is authorized under the lease to exercise
the rights of the landowner, or other person having a proprietary interest in land,
shall be deemed to be a landowner for the purposes of this Ordinance.
LOADING SPACE - An off-street paved space suitable for the loading or
unloading of goods and having direct usable access to a street or alley.
LT - Any parcel or tract of land intended as a single unit for purposes of
ownership, transfer of ownership, use, rent, improvement or development. The
word "lot" includes the word "plot", "parcel", or "tract". Contiguous
nonconforming lots of record under single and separate ownership shall be
considered one lot for the purposes of this Ordinance. A lot as herein defined may
or may not coincide with a lot of record.
Silver Spring Township Zoning Ordinance -20- Article I Background Provisions
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.
Dated: &-/ z/ 6
JAW? E. HXLL,Zoning Officer
lver' Spring Township
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 L % day of May, 2006.
SERVED UPON:
Rooney L. Felmlee
1170 West Trindle Road
Mechanicsburg, PA 17050
4R6
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Attorney I.D.#44859
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Silver Spring Township,
Plaintiff
V.
Rooney L. Felmlee
Defendant
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2006-2455 CIVIL
CIVIL ACTION-LAW
ANSWERS AND DEFENSE OF COMPLAINT
AND NOW, comes ROONEY L. FELMLEE, Defendant to aver the following:
1. Agree.
2. Correction, zip code is 17055, not 17050 as indicated.
3. Agree.
4. Agree.
5. Agree.
6. Agree.
7. Agree.
8. Agree concerning only safety issues for barricades and security fencing
which were immediately remedied.
9. Disagree. Any demolition process will allow debris to accumulate on a
property during the demolition process.
10. Disagree due to demolition debris is part of demolition process.
11. Disagree, as per pictures taken by township on a regular basis, showing
progress of demolition.
12. Agree since demolition permit has no expiration or there was no time
frame for completion.
13. Agree.
s r i
14. Agree, except complaint should not have been filed due to items in
number 12.
15. Agree. Defendant will pay $25.00 fine.
16. Disagree.
17. Appealing process.
18. Disagree. Property is in compliance.
19. Agree.
WHEREFORE, defendant respectfully requests judgement and attorney fees be
dismissed due to:
1. Demolition permit has no expiration date.
2. Time frame was never discussed for completion of project by the
township or it's zoning officer.
3. Project was proceeding in a timely manner due to my other business
needs and responsibilities.
I IZ
ADDENDUM TO ANSWERS AND DEFENSIVE COMPLAINT
Defendant entered a complaint of harassment and discrimination against Silver Spring
Township for the following reasons:
1. On or about, February 19, 2004, notice of violation was sent concerning an
automobile canopy. Be it noted, that zoning official had to drive 4 miles out of
his way to see it at 1170 West Trindle Road. An identical canopy has existed on
the zoning officer's way to work at 6559 Carlisle Pike in Mechanicsburg and no
violation has been issued. See exhibit A.
2. Two abandoned vehicles with broken glass and metal used for extrication training
exist at the New Kingstown Fire Company directly across from the zoning
officer's residence. These vehicles are clearly in violation of the ordinance
Section 302.3 accumulation of trash, garbage, refuse or junk for a period
exceeding fifteen days. See exhibit B.
3. As pictured in exhibit C, six violations of ordinance Section 302.3 exist in New
Kingstown within one half mile of the zoning officer's residence clearly showing
accumulation of trash, garbage, refuse or junk exceeding a period of 15 days.
4. As pictured in exhibit D, a property exists in Hogestown (also on zoning officer's
way to work) with a dilapidated structure clearly in violation with no citation.
5. As pictured in exhibit E, on Texaco Road, another property clearly in violation
with no action taken.
Please note that during hearing at the District Justice office, zoning officer was referred
to as `chief , and in my opinion, this was not a non-biased hearing. I was also informed
by the District Justice he has no empowerment over discrimination and harassment
charges. I feel this discrimination and harassment is a violation of Act 1985 Equal
Protection of the Law.
WHEREFORE, defendant requests harassment and discrimination charges against Silver
Spring Township of $500.00 plus any other relief directed by the court to be just and
proper.
VERIFICATION
The undersigned, Rooney L. Felmlee, as defendant verifies that the facts set forth
in the foregoing Answers and Defense 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 unsworn falsification to authorities.
L. Felmlee, Defendant
Dated: (,/ - ?? 40y
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vs Case No
Statement of Intention to Proceed
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To the Court:
f L rVI I- t L _ intends to proceed with the above captioned matter.
f L ?' 1-f t ?Z'
Print Name Sign Nan;'-
Date: 1C"I` ' /,!5- et
Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
^p:'{??
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1 t
T _(
David 1D. Bueff
Prothonotary
Kirks. Sohonage, ESQ,
SOCicitor
Knee X. Simpson
F' Deputy Prothonotary
Irene E. Morrow
2',d Deputy Prothonotary
Office of the Prothonotary
Cum6erfand County, Pennsykania
AL 'o 4IN95 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 9 Carlisle, PA 17013 • (717) 240-6195 0 Fax (717) 240-6573