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HomeMy WebLinkAbout99-037029Q- YIoa John E. Ar&r,5on, Jr,?+ai ?S OOMPUn3, nc, All Filings before oito J u 1? bto Have not been scanned! JOHN E. ANDERSON, JR. &, CHERYL ANDERSON, Plaintiffs V. FROELICH & COMPANY, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVLANIA :NO. 99-3702 CIVIL TERM : CIVIL ACTION - EQUITY PETITION FOR CONTEMPT 1. -On March 27, 2000, after trial, the Honorable J. Wesley Oler, Jr. did find in favor of Plaintiffs and against Defendant in that the Defendant created a private nuisance in the form of the intrusion of golf balls from Defendant's property, Mayapple Golf Course, upon Plaintiff's property, adjacent thereto. 2. The Court ordered injunctive relief, compensation for physical damage and costs to the Plaintiffs. 3. Thereafter, despite this Order and decision, the Defendant again caused golf balls to intrude onto the Plaintiffs property and a Petition for Contempt was filed and hearings held culminating in an agreement whereby the Defendant would move the tees on Hole No. 6, the offending hole, to provide protection for the Andersons and would further provide fencing around that tee area. 4. The Defendant also agreed to pay legal fees. 5. The Defendant did, in fact, make adjustments to Hole No. 6 and the Tee Box area and also did provide fencing which stopped the intrusion of golf balls onto the Plaintiffs property until approximately June 2006. 6. Starting on approximately June 2, 2006, the Defendant did relocate the Tee Box on Hole No. 6 approximately 75 yards back towards it original offending position and golf balls began again to intrude on the Plaintiff s property and have been intruding since that date. 7. The dates and times of the intrusions of golf balls on the Plaintiff s property are as follows: a. June 2 - 3 balls b. June 3 - 2 balls c. June 5 - 2 balls d. June 9 - 2 balls e. June 10 -1 ball f. June 11 -1 ball g. June 13 -1 ball h. June 14 -1 ball i. June 15 -1 ball j. June 16 - 2 balls k. June 18 - 3 balls 1. June 20 -1 ball m. June 21 - 2 balls n. June 23 - 2 balls o. June 28 -1 ball p. July 1-1 ball q. July 2 - 2 balls r. July 7 - 2 balls s. July 9 - 2 balls t. July 12 - 2 balls u. July 16 -1 ball v. July 20 -1 ball w. July 21-1 ball 8. The intrusions of these golf balls are in direct violation of the Order of this court dated March 27, 2000 and should now cause this Court to hold a hearing and, after hearing, find the Defendant in Contempt and to further enjoin the Defendant from the utilization of the 6 h Tee at the Mayapple Golf Course unless and until it is properly screened and no golf balls will intrude upon Plaintiff's property and, further, to provide additional compensation to Plaintiffs for Defendant's failure to follow this Court's Order to prevent the intrusion of golf balls onto their property and, further to provide the payment of legal fees to Plaintiffs as well as fines and costs to be determined by the Court and any other appropriate relief as the interest of justice would require. WHEREFORE, for all the above reasons, the Plaintiffs, John and Cheryl Anderson, respectfully request this Court to hold a hearing and, after hearing, find that Defendant has willfully failed to comply with this Court's Order of March 27, 2000 and, further, find that this willful failure has caused irreparable harm to the Plaintiffs and to award such damages as the Court finds appropriate, injunctive relief as necessary to cause the Defendant to cease and desist from any further intrusion of golf balls onto Plaintiff's property, to provide reasonable attorney fees to the Plaintiff's and to provide any other fines, costs or relief as the interest of justice would require. Z-?-? Date /X--/ Ron Turo, Esquire Turo Law Office 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of PEITION FOR CONTEMPT, by depositing same in the United States Mail the postage pre-paid on the da of J ,first class, y ? ( 2005, from Carlisle, Pennsylvania, addressed as follows: Marcus McKnight 60 W. Pomfret Street Carlisle, PA 17013 - ' wyu11G 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ,-_, r" -ii - _ ....t r .. r :` 4.. •' JUL 2 7 2006 JOHN E. ANDERSON, JR. : IN THE COURT OF COMMON PLEAS CHERYL ANDERSON, : CUMBERLAND COUNTY, PENNSYVLANIA Plaintiffs V. : NO. 99-3702 CIVIL TERM FROELICH & COMPANY, INC. : CIVIL ACTION - EQUITY Defendant ORDER OF COURT AND NOW, this -%-ST day of AsiSt , 2006, upon receipt and reviewsn of the Petition for Contempt, a hearing is scheduled on the J/A4?- day of 2006 at - 31 001- m. in Courtroom No. 1 of the Cumberland County C urthouse, Carlisle, Pennsylvania. BY THE COURT, 1,94 44/ ,.» ?y ,` s ?? 3 `?J 6 ;. ?. JOHN E. ANDERSON, JR., and : IN THE COURT OF COMMON PLEAS OF CHERYL ANDERSON, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS CIVIL ACTION - EQUITY V. FROELICH & COMPANY, INC., DEFENDANT NO. "-3702 EQUITY TERM DEFENDANT'S ANSWER TO PETITION FOR CONTEMPT AND NOW, this 21" day of August, 2006, comes the Defendant, Froelich & Company, Inc., by its attorneys Irwin & McKnight, and makes the following Answer to the Petition for Contempt: 1. The averments of fact contained in paragraph one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) of the Petition are admitted. 3. The averments of fact contained in paragraph three (3) of the Petition are denied On the contrary, an agreement, was reached on August 31, 2001, which resolved this matter. 4. The averments of fact contained in paragraph four (4) are admitted 5. The averments of fact contained in paragraph five (5) are admitted in part and denied in part. It is admitted that adjustments were made to Hole No. 6. It is denied that golf balls were intruding onto the Plaintiffs' property. 6. The averments of fact contained in paragraph six (6) of the Petition are specifically denied. On the contrary, the Defendant has installed fencing and the tree line together with the protections installed by the Defendant adequately protect the Plaintiffs' property. 7. The averments of fact contained in paragraph seven (7) of the Petition are specially denied. The Defendant does not believe that golf balls are landing on the Plaintiffs' property. Proof thereof is demanded. 8. The averments of fact contained in paragraph eight (8) of the Petition are specifically denied. On the contrary, the Plaintiffs are barred from seeking compensation in an equity action and no damage has been alleged. WHEREFORE, the Defendant requests that your Honorable Court dismiss the Plaintiffs' Petition for Contempt with prejudice. IRWIN& BY: 60 West Pomfret StoW Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Froelich & Company, Inc. Date: August 21, 2006 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: August 21, 2006 3 JOHN E. ANDERSON, JR., and : IN THE COURT OF COMMON PLEAS OF CHERYL ANDERSON, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS CIVIL ACTION - EQUITY V. FROELICH & COMPANY, INC. DEFENDANT NO. 99-3702 EQUITY TERM I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Defendant's Brief in Support of the Motions Made by Defendant for Post-Trial Relief and Exceptions to Decree Nisi was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Ron Turo, Esquire TURO LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 IRWIN & McIINIGHT ? g- 4,1 11, Marc is A. Mc Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 21, 2006 n o O m , F, Fn 1 ? 731? 4-?.. (?A _TD x C N Orn G. 7r +l JOHN E. ANDERSON, JR., and CHERYL ANDERSON, Plaintiffs v FROELICH & COMPANY, INC.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 99-3702 EQUITY TERM IN RE: CONTEMPT HEARING ORDER OF COURT AND NOW, this 21st day of August, 2006, upon consideration of Plaintiffs' Petition for Contempt, and following a hearing held on this date at which evidence was received from both Plaintiffs and Defendant, and counsel for Defendant having indicated his desire to call two additional witnesses, one of whom is said to be an expert in the design of golf courses, a further period of hearing in this case is scheduled for Thursday, October 26, 2006, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending this further period of hearing and further order of Court, the tee for Hole No. 6 on Defendant's golf course shall not be moved farther from the hole than the tee presently being utilized for the hole, as indicated in testimony received on today's date. Nothing herein is to be construed as sanctioning intrusions by golf balls upon properties of owners other than Plaintiffs and the exercise of property rights by the owners shall not be VIR;gKVcS Nti d ZZ =Z Wd ZZ SO 9001 AbVlOhv IlOdd 3Ni JO 3OHa O OPA I affected by this order. By the Court, Ron Turo, Esquire Turo Law Offices 32 South Bedford Street Carlisle, PA 17013 For Plaintiff ,c,?, ,gyp S-'-7;'04 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendant :mae r .'. JOHN E. ANDERSON, JR., And CHERYL ANDERSON, Plaintiffs V. FROELICH & COMPANY, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3702 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of October, 2006, upon consideration of the attached letter from Marcus A. McKnight, III, Esq., attorney for Defendant, the hearing scheduled for October 26, 2006, is cancelled. BY THE COURT, ,don Turo, Esq. Attorney for Plaintiff Marcus A. McKnight, III, Esq. Attorney for Defendant :rc 4 / W 6--7 L 0 J. Wesley Oler, J , J. } 30 OCT-25-2006 03:53PM FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-113 P.002/003 F-631 LAW OFFICES .TRWEV & .McKVIGIff WEST POINFRET PROPM10NAL BUILDING 60 WaTPOMFRETSTREET ROGER B. IRWIN CARLISLE, PENNSYLV"M 17013-3222 MARCUSA. McKN1G III DOUGLAS G. MILLER (717) 249-2353 MATTREW A. McKN1GHT PAX (717) 249.6354 WWW.IMHLAWCOM October 25, 2006 VIA FACSEMME ( 240-6462) AND REGULAR MAIL THE HONORABLE J. WESLEY OLER, JR. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 RE: JOHN E. ANDERSON, JR. AND CHERYL ANDERSON v. FROELICH & COMPANY, INC 99-3702 EQUITY Dear Judge Oler: HAR04DIIRWIN (192.5-1977) HAROLD S IRWW. JR. (1954-1986) 1RW1A;IRWW & 1RW1N (19561986) IRWA( MW1N & MaWIGHT (19861994) MWIA; McMGHT & HUGHES (1994-2003) IRWW & McKNIGHT (1003- J This letter is to confirm that the parties have resolved this matter; therefore, the hearing set for Thursday, October 26, 2006 at 3:00 p.m. is no longer necessary and may be cancelled. Thank you for your patience. Very truly yours, 7 IRWIN McKNI 17-lvr6 ?-- MAM:sls cc. Ron Toro, Esquire (via fax & mail) Jim Froelich, President (via fax & mail) )F'ROELICH & COMPANY, INC. JOHN E. ANDERSON, JR. &, CHERYL ANDERSON, Plaintiffs V. FROELICH & COMPANY, INC. Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-3702 CIVIL TERM CIVIL ACTION - EQUITY PRAECIPE Please withdraw the Petition for Contempt filed in the above-captioned matter on behalf of the Plaintiffs, without prejudice to refile. hr D Date ? ?.? ?`? v r ?::? Qti !?Y ? ? - ', F ?e " ? .A r?-a t_J --l N `? C., ..