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HomeMy WebLinkAbout02-4354TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0o~- ~/~q~'~ : : CiVIL ACTION - EQUITY 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Dated: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 ,~ -- 717-249~ ~ST~VEN ~UIRE Hummelstown, PA 17036 (717) 903-1268 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) 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 OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O.z - 6/3.5-q CIVIL TEPOa : CIVIL ACTION - EQUITY : COMPLAINT AND NOW, comes the TOWNSHIP OF SILVER SPRING, Plaintiff, by its Solicitor, Steven A. Stine, and avers the following causes of action in equity: 1. The Plaintiff herein is the TOWNSHIP OF SILVER SPRING, a township of the second class located in Cumberland County, Pennsylvania, having its offices at 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 (the "Township"). 2. The Defendant herein is ALBERT J. DEITCH, an adult individual, who resides at 39 Green Hill Road, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania 17050 ("Deitch"). 3. Deitch is the record owner and in possession of a certain piece or parcel of land situated in the Township of Silver Spring, Cumberland County, Pennsylvania, known and numbered as 39 Green Hill Road (the "Subject Premises"). 4. Beginning in at least June of 2000, and continuously thereafter, and in disregard of the Township's ordinances and notices of violation thereof as more specifically averred hereinbelow, Deitch has: 3 a. collected, stored, placed and maintained junk, trash, debris and other materials on the Subject Premises; b. parked or stored motor vehicles without current valid license plates or current valid inspection stickers other than in a completely enclosed building on the Subject Premises; c. failed to enclose all outdoor pasture/recreation area with fencing to prevent the escape of animals and failed to properly maintain the outdoor pasture/recreation areas so as not to become a nuisance to adjoining properties; d. parked and stored trailers other than those accessory to a principal residential use. 5. Township has notified Deitch on a number of occasions in the past of certain violations of the Silver Spring Township Zoning Ordinance of 1999 (the "Zoning Ordinance"), to wit: by written notice dated June 1, 2000, sent to Deitch by certified mail and first class mail; by written notice dated Jtme 12, 2000, sent to Deitch by certified mail and first class mail; and by written notice dated January 26, 2001, sent to Deitch by certified mail and first class mail, which notices Deitch has ignored, disregarded and defied. COUNT I 6. The averments in Paragraphs 1 through 5 hereinabove are incorporated herein by reference thereto. Ordinance. The Subject Premises is located within the Agricultural Zone (A) of the Zoning 4 8. Section 302.3 of the Zoning Ordinance prohibits the use of property for the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding fifteen (15) days. 9. Deitch has for a period exceeding fifteen (15) days accumulated trash, garbage, refuse, and junk on the Subject Premises. 10. Deitch's use of the Subject Premises constitutes a violation of Section 302.3 of the Zoning Ordinance. 11. Township notified Deitch of his violation of the Zoning Ordinance by written notice dated April 4, 2002, sent to Detich by certified mail and first class mail, which notices Deitch has ignored, disregarded and defied. A said notice is attached hereto, made a part hereof and marked as Exhibit "A". 12. Defendant's continuing use of the Subject Premises in violation of the Zoning Ordinance will require a multitude of summary conviction proceedings at law in attempting to enfome said Zoning Ordinance as indicated by Deitch's history in dealing with violations of Township's ordinances. 13. Township has no adequate remedy at law. WHEREFORE, Township respectfully requests your Honorable Court to: a. Enjoin Deitch from using the Subject Premises in violation of the Zoning Ordinance; b. Order and direct Deitch to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; c. Order and direct, upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, that the Township is authorized to take any and all actions necessary to effect a clean-up of the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deitch; d. Order and direct such other and further relief as the Court shall determine to be just and proper. COUNT II 14. The averments in Paragraphs 1 through 13 hereinabove are incorporated herein by reference thereto. 15. Section 302.6 of the Zoning Ordinance prohibits the parking or storage of motor vehicles without current valid license plates or current inspection stickers other than in a completely enclosed building. 16. Deitch is currently parking or storing numerous motor vehicles without current valid license plates or current inspection stickers other than in a completely enclosed building on the Subject Premises. 17. Deitch's use of the Subject Premises constitutes a violation of Section 302.6 of the Zoning Ordinance. 18. Township notified Deitch of his violation of the Zoning Ordinance by written notice dated April 4, 2002, sent to Detich by certified mail and first class mail, which notices Deitch has ignored, disregarded and defied. A said notice is attached hereto, made a part hereof and marked as Exhibit "A". 19. Defendant's continuing use of the Subject Premises in violation of the Zoning Ordinance will require a multitude of summary conviction proceedings at law in attempting to enfome said Zoning Ordinance as indicated by Deitch's history in dealing with violations of Township's ordinances. 20. Township has no adequate remedy at law. WHEREFORE, Township respectfully requests your Honorable Court to: e. Enjoin Deitch from using the Subject Premises in violation of the Zoning Ordinance; f. Order and direct Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises in violation of the Zoning Ordinance; g. Order and direct, upon the failure of Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises, that the Township is authorized to take any and all actions necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; h. Order and direct such other and further relief as the Court shall determine to be just and proper. COUNT III 21. Paragraphs 1 through 20 are incorporated herein by reference thereto. 22. Deitch currently keeps livestock, including swine and geese on the Subject Premises for noncommercial purposes as defined in the Zoning Ordinance. 23. The Zoning Ordinance regulates the noncommercial keeping of livestock in Section 337. 24. Section 337.5 of the Zoning Ordinance requires that all outdoor pasture/recreation areas be enclosed with fencing to prevent escape of the animals. 25. Section 337.6 of the Zoning Ordinance requires that all animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line, and that all animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. 26. The pasture/recreation areas for Dietch's swine and geese are not enclosed by fencing. 27. Because the pasture/recreation areas for the swine and geese are not enclosed by fencing, the swine and geese have repeatedly escaped and encroached onto the property of an adjoining property owner. 28. The swine and geese have repeatedly defecated on the property of an adjoining property owner. 29. Deitch's use of the Subject Premises as averred hereinabove constitutes a violation of Sections 337.5 and 337.6 of the Zoning Ordinance. 8 30. Township notified Deitch of his violation of the Zoning Ordinance by written notice dated April 4, 2002, sent to Detich by certified mail and first class mail, which notices Deitch has ignored, disregarded and defied. A said notice is attached hereto, made a part hereof and marked as Exhibit "A". 31. Defendant's continuing use of the Subject Premises in violation of the Zoning Ordinance will require a multitude of summary conviction proceedings at law in attempting to enforce said Zoning Ordinance as indicated by Deitch's history in dealing with violations of Township's ordinances. 32. Township has no adequate remedy at law. WHEREFORE, Township respectfully requests your Honorable Court to: a. Enjoin Deitch from using the Subject Premises in violation of the Zoning Ordinance; b. Order and direct Deitch to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape; c. Order and direct such other and further relief as the Court shall determine to be just and proper. COUNT IV 33. Paragraphs 1 through 32 are incorporated herein by reference thereto. 34. Section 302.1.6.F of the Zoning Ordinance prohibits the storage or parking of any trailer other than those accessory to a principal residential use on any lot used principally for residential purposes. 35. The Subject Premises is used principally for residential purposes. 36. Deitch is currently parking or storing two (2) trailers on the Subject Premises. 37. The said trailers are not being used as an accessory to the principal residential use. 38. Deitch's use of the Subject Premises as averred hereinabove constitutes a violation of Section 302.1.6.F of the Zoning Ordinance. 39. Township notified Deitch of his violation of the Zoning Ordinance by written notice dated April 4, 2002, sent to Detich by certified mail and first class mail, which notices Deitch has ignored, disregarded and defied. A said notice is attached hereto, made a part hereof and marked as Exhibit "A". 40. Defendant's continuing use of the Subject Premises in violation of the Zoning Ordinance will require a multitude of summary conviction proceedings at law in attempting to enforce said Zoning Ordinance as indicated bv Deitch '~ '~: · · ~ ,. ~ UlStOry in aeanng with violations of Township's ordinances. 41. Township has no adequate remedy at law. WHEREFORE, Township respectfully requests your Honorable Court to: a. Enjoin Deitch from using the Subject Premises in violation of the Zoning Ordinance; Order and direct Deitch to remove the trailers from the Subject Premises; Order and direct, upon the failure of Deitch to remove the trailers, that the Township is authorized to take any and all actions necessary to remove the trailers from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors 10 to inventory and mark trailers to be removed and the removal of said trailers, the cost of which shall be borne by Deitch; Order and direct such other and further relief as the Court shall determine to be just and proper. - S IUIRE ~ of Silver Spring Supreme Court ID #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 11 SILVER SPRING TOWNSHIP ENFORCEMENT NOTICE OF VIOLATION Certified Mail 7000 1530 0004 0940 8133 DATE: April 4, 2002 TO: Mr. Albert J. Deitch, Et Ux 39 Green Hill Road Mechanicsburg, PA 17050 Notice Sent By: Certified Mail and I~t Class Mail LOCATION OF PROPERTY IN VIOLATION: 39 Green Hill Road Mechanicsburg, PA 17050 Tax Parcel Number 38-06-0015-02 YOU ARE HEREBY NOTIFIED that you are in violation of Silver Spring Township Zoning Ordinance on the following respect: Section 337.5 ' All outdoor pasture/recreation area shall be enclosed with fencing to prevent the escape of animals. Section 337.6 Al! animal waste shall be properly 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 properly maintained so as not to become a nuisance to adjoining properties. Section 302.1.6.F The parking or storage of any trailer, other than those accessory to a principal residential use, is expressly prohibited. 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · ('717) 766-0178 · (717) 766-1696 FAX Section 302.6 The parking and storage of unlicensed or uninspected motor vehicles. Section 302.3 Trash, Garbage, Refuse, Junk accumulation. 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: Aptil30,2002 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 a (abatement of the violation by injunctive action through the Court of Common Plea of Cumberland County, and/or monetary penalties after a heating 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. Attachment CC: Board of Supervisors Mr. William S. Cook, Township Manager Mr. Kelly K. Kelch, Assistant Township Manager JEH/kk VF, RIFICATIf}N The undersigned, JAMES E. HALL, as Zoning Officer of the Township of Silver Spring, hereby verifies that the facts set forth in the Complaint are hue 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. ~ E. H/~L£, Zoning Officer ~9~nship of Silver Spring SHERIFF'S RETURN - REGULAR CASE NO: 2002-04354 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP OF VS DEITCH ALBERT J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly Sworn according to law, says, the within COMPLAINT - EQUITY was served upon DEITCH ALBERT j the DEFENDANT , at 1511:00 at 39 GREEN HILL ROAD HOURS, on the 17th day of S~_eptem~_er, 2002 MECHANICSBURG, PA 17050 ALBERT j DEITCH a true and attested copy of COMPLAINT by handing to - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service Affidavit 5.52 .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this /~-- day of - 2~7'~- ~"t ~ ~ A.D. thonotary ' So Answers: R. Thomas Kline 09/17/2002 STEVEN A STINE By: ~ , / TOWNSH/P OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-4354 : CIVIL ACTION - EQUITY IMPORTANT NOTICE TO: Albert J. Deitch DATE OF NOTICE: October 11, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY, OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Dated: 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 TOWNSHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY PLAINTIFF, TOWNSHIP OF SILVER SPR/NG'S MOTION FOR ENTRY OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDANT, ALBERT J. DEITCH Plaintiff, Township of Silver Spring, by the undersigned, attorney moves this Court pursuant to Pa. R.C.P. No. 151 l(b) for the entry of a final decree upon the judgment of default, which was entered against Defendant, Albert J. Deitch on December 6, 2002, for failure to answer plaintiff's complaint, a copy of which judgment is attached as Exhibit "A". Plaintiff further moves this Court to frame the final decree as follows: COUNT I a. Deiteh is permanently enjoined from using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance; b. Deitch is ordered and directed to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; c. Upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, the Township is authorized to take any and all actions necessary to effect a clean-up of the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deitch; The Court may order and direct such other and flarther relief as the Court shall determine to be just and proper. COUNT II Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance; Deitch is ordered and directed to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises, Township is authorized to take any and all actionts necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. COUNT III Deitch is permanently enjoined from using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance; Deitch is ordered and directed to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. COUNT IV Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.1.6.F the Zoning Ordinance; Deitch is ordered and directed to remove the trailers from the Subject Premises; Upon the failure of Deitch to remove the trailers, the Township is authorized to take any and all actions necessary to remove the trailers from the Subject Premises, including, but not limited to entry onto the Subject Pr~aises by the Township, its agents, employees, representatives and contractors to inventory and mark trailers to be removed and the removal of said trailers, the cost of which shall be borne by Deitch; The Court may order and direct such other and fin-ther relief as the Court shall determine to be just and proper. WHEREFORE, Plaintiff, Township of Silver Spring respectfully requests this Honorable Court enter a final decree upon default judgment entered against Defendant, Albert J. Deitch. Dated: [~j Il/~w~. Respectfull~regj4ested, Attorney for Plaintiff PA I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" ToWNsHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY TO: NOTICE OF ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ALBERT J. DEITCH Albert J. Dctich 39 Green Hill Road Mechanicsburg, PA 17050 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a RYDGEMENT BY DEFAULT has been entered, against you in the above proceeding. Prothonotary CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a tree and correct copy of the foregoing Plaintiff Township of Silver Spring's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch on the following below-named individual by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 11th day of December 2002. SERVED UPON: Albert J. Deitch 39 Green Hill Road Mechanicsburg, PA 17050 Attorney I.D.g44859 TOWNSHIP OF SILVER SPRING, Plaintiff VS. ALBERT J. DEITCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 CIVIL CIVIL ACTION - EQUITY IN RE: MOTION OF PLAINTIFF FOR ENTRY OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDANT ORDER AND NOW, this / 7' ~ day of December, 2002, a rule is issued against the defendant, Albert J. Deitch, to show cause why the relief requested in the within motion ought not to be granted and why a final decree upon judgment of default should not be entered in the as proposed by the Township of Silver Spring. This rule is returnable in twenty (20) days after service. If an answer has not been filed with the Prothonotary within twenty (20) days after service, a final order in the prescribed form will be entered upon the written motion of the Township to make this rule absolute. BY THE COURT, Hess, J. TOWNSH~ OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant I Hereby certify that the last known address of Defendant is : 39 Green Hill Road Mechanicsburg, PA 17050 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02;4354 : : CIVIL ACTION - EQUITY FILED ON BEHALF OF: Township of Silver Spring Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Attorney for Plaintiff Pa. I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 TOWNSHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . : : NO. 02-4354 : : CIVIL ACTION - EQUITY : .. PRAECIPE FOR DEFAULT JUDGMEN'. TO: PROTHONOTARY SIR/MADe: Please enter judgment by default, pursuant to Rule 1511 of the Pennsylvania Rules of Civil Procedure, in an equity action against the Defendant, Albert J. Deiteh for failure to file an answer to the complaint or otherwise plead thereto, the undersigned counsel hereby certifying that notice of intent to file the praecipe in the form attached hereto was previously served upon said Defendant in accord with the requirements of Pennsylvania Rule of Civil Procedure 237.1. PA I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE O1,' .INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF ~ Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Steven A. Stine, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me This _c~4qx day of_.~c~ ,2002. Notary Public My Commission Expires: NOTAHiAL SEAL MiCHELLE ELLiOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant TO: Albert J. Deitch DATE OF NOTICE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY IMPORTANT NOTICE October 11, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY, OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dated: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Default Judgment upon the following below-named individual(s) by first class mail, postage prepaid this~_~ day of December, 2002. SERVED UPON: Albert J. Deitch 39 Green Hill Road Mechanicsburg, PA 17050 ToWNsHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CWIL ACTION - EQUITY TO: NOTICE OF ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ALBERT J. DEITCH Albert J. Detich 39 Green Hill Road Mechanicsburg, PA 17050 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a JUDGEMENT BY DEFAULT has been entered against you in the above proceeding. ~rothonotary TOWNSHIP OF SILVER SPRING, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA ALBERT J. DEITCH · Defendant . CIVIL ACTION - EQUITY 02-4354 CIVIL MOTION FOR RUI,E ABSOLUTE AND NOW, comes the Plaintiff, Township of Silver Spring, by and through its Solicitor Steven A. Stine, to move for a Rule Absolute as follows: 1. On or about December 11, 2002, Plaintiff filed a Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch, a copy of which is attached hereto and marked as Exhibit "A". 2. On or about December 11, 2002, Plaintiff served[ on Defendant by first class mail, postage prepaid, a copy of Plaintiff's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant. 3. On or about December 17, 2002, the Honorable Kevin A. Hess issued a Rule to Show Cause as to why the relief requested within the Motion for Entry of Final Decree Upon Judgment of Default Against Defendant should not be granted, a copy of which is attached hereto and marked as Exhibit "B". Said Rule was returnable 20 days from service. 4. On December 18, 2002, the Defendant was served, with a copy of the Rule to S,how Cause upon by first class mail, postage prepaid. 5. Defendant has failed to respond to the Rule to Show Cause. 6. More than twenty (20) days have elapsed since service of the Motion for Entry of Final Decree Upon Judgment of Default Against Defendant. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court make a Rule Absolute, and issue a final order as prescribed in the Motion for Entry of Final Decree Upon Judgment of Default Against Defendant. Dated: Respectfully submitted, Attori~y I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 533-3280 Attorney for Plaintiff EXHIBIT "A" TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual · Defendant : : 1N THE COURT OF COMMON PLEAS · CUMBE~A~ COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY PLAINTIFF, TOWNSHIP OF SILVER SPRING'S MOTION FOR ENTRY OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDANT, ALBERT J. DEITCH Plaintiff, Township of Silver Spring, by the undersigned attorney moves this Court pursuant to Pa. R.C.P. No. 151 l(b) for the entry ora final decree upon the judgment of default, which was entered against Defendant, Albert J. Deitch on December 6, 2002, for failure to answer plaintiff's complaint, a copy of which judgment is attaclhed as Exhibit "A". Plaintiff further moves this Court to frame the final decree as follows: COUNT I Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance; Deitch is ordered and directed to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, the Township is authorized to t~dce any and all actions necessary to effect a clean-up of the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, ao bo co do representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deiteh; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. COUNT II Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance; Deitch is ordered and directed to remove the motor vehicles without current valid license plates or current valid inspection stickem from the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the motor 'vehicles without current valid license plates or current valid inspection stickers fi.om the Subject Premises, Township is authorized to take any and all actions necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. ao COUNT III Deitch is permanently enjoined from using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance; bo Deitch is ordered and directed to erect a fence to completely enclose the pasture/recreation areas of the swine and geese, so that they cannot escape; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. COUNT IV Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.1.6.F the Zoning Ordinance; Deitch is ordered and directed to remove the trailers from the Subject Premises; Upon the failure of Deitch to remove the trailers, the Township is authorized to take any and all actions necessary to remove the: trailers from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark trailers to be removed and the removal of said .trailers, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. WHEREFORE, Plaintiff, Township of Silver Spring respectfully requests this Honorable Court enter a final decree upon default judgment entered against Defendant, Albert J. Deitch. Dated: .._ [~[I,/~ R~ed' Attorney for Plaintiff' PA I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" ToWNsHIP OF SILVER SPRING, Plaintiff Fo ALBERT J. DE1TCH, an adult individual Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY TO: NOTICE OF ENTRY OF DEFAULT ~IU-DGMENT AGAINST DEFENDANT ALBERT J. DErrCH Albert J. Detich 39 Green Hill Road Mechanicsburg, PA 17050 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a JIJDGEMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff Township of Silver Spring's MOtion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch on the following below-named individual by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 11 t~ day of December 2002. SERVED UPON: Albert J. Deitch 39 Green Hill Road Mechanicsburg, PA 17050 Attorney I.D.~44859 EXHIBIT "B" TOWNSHIP OF SILVER SPRING, Plaintiff VS. ALBERT J. DEITCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 CIVIL CIVIL ACTION - EQUITY IN RE: MOTION OF PLAINTIFF FOR ENTRY' OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDAN__T_T ORDER AND NOW, this ! 7'" day of'December, 2002, a rule is issued against the . defendant, Albert J. Deitch, to show cause why the relief` requested in the within motion ought not to be granted and why a final decree upon judgment of default should not be entered in the as proposed by the Township of Silver Spring· This rule is returnable in twenty (20) days after service. If, an answer has not been filed with the Prothonotary within twenty (20) days after service, a final order in the prescribed form will be entered upon the written motion of the Township to make this rule 'absolute· BY THE COURT, CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hummelstown, Dauphin County, Permsylvania this~xday of January, 2003. SERVED UPON: Albert J. Deitch 39 Green Hill Road Mechanicsburg, PA 17050 TOWNSHIP OF SILVER SPRING, Plaintiff Vo · ALBERT J. DEITCH, an adult individual · Defendant · · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY _,FINAL DECREE UPON JUDGMENT OF DEFAULT AND NOW this /:, .tt day of ~'.e~~ __, 2003, upon consideration of the Plaintiff, Township of Silver Spring's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch, and Plaintiff's Motion for Rule Absolute, it is hereby DECREED as follows: COUNT I Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance; Deitch is ordered and directed to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, the Township is authorized to take any and all actions necessary to effect a clean-up of the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deitch; ,LLNF'I, ...... do The Court may order and direct such other and further relief as the Court shall determine to be just and proper. ao bo co COUNT II Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance; Deitch is ordered and directed to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises, Township is authorized to take any and all actions necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. ao bo COUNT III Deitch is permanently enjoined from using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance; Deitch is ordered and directed to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. ao co do COUNT IV Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.1.6.F the Zoning Ordinance; Deitch is ordered and directed to remove the trailers from the Subject Premises; Upon the failure of Deitch to remove the trailers, the Township is authorized to take any and all actions necessary to remove the trailers from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark trailers to be removed and the removal of said trailers, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. BY THE COURT, ALBERT J. DEITCH Defendant TOWNSHIP OF SILVER SPRING Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEI~qSYLVANIA CML ACTION - EQUITY NO. 02-4354 EMOTION TO SET ASIDE AND STRIKE JUDGMENT MR. Deitch respectively request that the judgment against him be stricken from the record due to the following; 1.) Judgment was brought against Mr. Deitch, with out representation or defense. 2.) Judgment was rendered on the complaint of neighbor; Scott Renninger. 3.) Mr. Renninger stated to the court that he would assist Mr. Deitch in placing fencing between the properties, as he did so Mr. Renninger requested him to stop. 4.) When Mr. Deitch continued to construct the fencing as ordered; Mr. Renninger proceeded to call the police to stop him. $.) Mr. Deitch conceders Mr. Renningers actions a form of harassment. 6.) The allegations of mosquitoes, and danger of the 'West Nile Disease' to be false. Mr. James Smathers - State Inspector inspected Mr. Deitch's property twice and found him in compliance. Pg. #2 7.) Mr. Deiteh's pigs consume all produce and food serapes before it becomes garbage. 8.) Ail burnable material is used in his out door furnace for heating. Instead of being put out for the garbage men. Mr. Deiteh respectfully thanks the court for their time and efforts in this matter. Sincerely, Albert J. Deitch March 06,2003 ALBERT J. DEITCH Defendant TOWNSHIP OF SILVER SPRING Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - AT NO. 02-4354 EQUITY Defendants Order to Appeal Mr. Deitch respectfully request th.e order to appeal the hearing held on Feb. 06, 2003, due to the following reasons; · This appeal has been delayed due to the conditions of the weather, act of God. an · Mr. Deitch was never notified or invited to attend the hearing. · The decision of the court was made public thru an article that appeared in the Patriot-News on Feb. 08, 2003 · On Feb. 09, 2003, Mr. Deitch was made aware of the hearing thru a friend, who had read the paper. · Mr. Deitch wa.s_unable to defend himself to the court and respectfully reques? the right to defend him self, and address the court. · Mr. Deleh would like to address the court on issues that thru research have been found to be unconstitutional. · The allegations of mosquitoes, and danger of the 'Fest Nile Disease' to be false. Mr. James Smathers - State Inspector respected Mr. Deiteh'~ pro .petty twice and found him in compliance~ · Mr. Delteh wash's to reflect on the court that he has owned the property fr~.m 1952 to present and falls under the 'Grandfather Use'. Especially ordinances put in to effect as of 1976,1995, and 1999. · Also private nuisance as opposed to public nuisance. · Mr. Stine has presented his ease using ordinances that applied to a two acre property. Mr. Deiteh owns 11 acres zoned for agricultural use. Pg. 02 · The Renninger's are new property owners as of the ast two . · . P years. ' Agricultural Use ex osed under PA Nni.~nneo __ P Law ............ l~e order of the court is vague and unclear. · Man.ure and compose are vital to the fertilizing of the land for farming purposes. · Du.e. to the .eireumstanees, Mr. Deiteh request the court to review the e.vmenee wnth him present, or honor a request to take this matter to a hngher court. Thank You for your time and considerations, Albert J. Deitch ~t TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT TO THE HONORABLE KEVIN A. HESS: AND NOW comes the Plaintiff, Township of Silver Spring, by its attorney, Steven A. Stine, who represents as follows: 1. Plaintiff, Township of Silver Spring ("Township"), instituted this equity action against Defendant Albert J. Deitch ("Deitch"), on or about September 11, 2002 by filing a complaint for injunctive relief. Said complaint was served on Deitch on September 17, 2002. 2. Deitch failed to file a responsive pleading to the complaint within twenty (20) days of service, and the Township filed and served on Deitch a iNotice of Default providing him with ten (10) additional days in which to file a responsive pleading. A copy of the Notice of Default is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 3. On December 6, 2002, after Deitch failed to file a responsive pleading, the Township filed a Praecipe for Default Judgment Against Deitch. 4. On December 6, 2002 the Prothonotary in and for Cumberland County entered a default judgment against Deitch. A copy of the Notice of Entry of Default Judgment Against Defendant Albert J. Deitch is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 5. On or December 11, 2002, Township filed a Motion for Entry of Final Decree upon Judgment of Default Against Defendant, Albert J. Deitch. 6. On December 17, 2002, the Honorable Kevin A. Hess issued a Rule against Deitch to show cause why the Township's Motion for Entry o£Final Decree Upon Judgment of Default Against Defendant should not be entered as proposed Py the Township. A copy of the Rule to Show Cause is attached hereto as Exhibit "C" and incorporated herein be reference thereto. 7. After Deitch did not respond to the Rule to Show Cause, the Township on January 30, 2003 filed a Motion for Rule Absolute. 8. On February 6, 2003, based upon the Township's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J.. Deitch and the Township's Motion for Rule Absolute, Judge Hess entered a Final Decree Upon Judgment of Default (the "Final Decree"). A copy of said Final Decree is attached hereto as Exhibit "D" and incorporated herein by reference thereto. 9. The Final Decree in Count I permanently enjoins Deitch from using the Subject Premises in violation of Section 302.3 of the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance") and orders and directs Deitch to remove the trash, garbage, refuse and junk form the Subject Premises. 10. Section 302.3 of the Zoning Ordinance prohibits the use of property for the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding fifteen (15) days. 11. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance, and has not removed the trash, garbage, refuse and junk from the Subject Premises. 12. There still remains on the Subject Premises trash, garbage, refuse and junk. 13. The Final Decree in Count II permanently enjoins Deitch form using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance and orders and directs Deitch to remove motor vehicles without valid license plates or current valid inspection stickers from the Subject Premises. 14. Section 302.6 of the Zoning Ordinance prohibits the parking or storage of motor vehicles without current valid license plates or current inspection stickers other than in a completely enclosed building. 15. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance, and has not removed the motor vehicles without valid license plates or current valid inspection stickers from the Subject Premises. 16. There still remain on the Subject Premises numerous motor vehicles, which do not possess a valid license plate or current valid inspection sticker. 17. The Final Decree in Count III permanently enjoins Deitch form using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance and orders and directs Deitch to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape. 18. Section 337.5 of the Zoning Ordinance requires that all outdoor pasture/recreation areas be enclosed with fencing to prevent escape of animals. 19. Section 337.6 of the Zoning Ordinance requires that all animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line, and that all animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. 20. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 337.5 and 337.6 of the Zoning Ordinance, and has not erected a fence to completely enclose the pasture/recreation area of the swine so that they cannot escape. 21. Although a fence exists around the pasture/recreation area of the swine on the Subject Premises, the swine routinely escape onto the neighboring properties and Greenhill Road. The swine have escaped numerous times since the entry of the Final Decree. 22. The Final Decree in Count IV permanently enjoins Deitch form using the Subject Premises in violation of Section 302.1.6.F of the Zoning Ordinance and orders and directs Deitch to remove motor vehicles the trailers from the Subject Premises. 23. Section 302.1.6.F of the Zoning Ordinance prohibits the storage or parking of any trailer other than those accessory to a principal residential use on any lot used principally for residential purposes. 24. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.1.6.F of the Zoning Ordinance, and has not removed the trailers from the Subject Premises. 25. 26. Decree. There still remain on the Subject Premises numerous trailers. Deitch has voluntarily, willfully and intentionally failed to comply with the Final WHEREFORE, Plaintiff, Township of Silver Spring, respectfully requests your Honorable Court to enter a rule upon Defendant, Albert J. Deitch, to show cause, if he has any, why he should not be held in contempt; and, after hearing, to enter an order adjudicating Carignan in civil contempt and imposing appropriate sanctions to enforce future compliance with the Final Decree Respectfully s~mit~d, At o~ey I.!~ ~f859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-:1268 Attorney for Plaintiff TOWNSHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual TO: Albert J. Deitch Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CWIL ACTION - EQUITY IMPORTANT NOTICE DATE OF NOTICE: October 11, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY, OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Dated: 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Exhibit "A" ToWNsHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant ' IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4354 ' CIVIL ACTION - EQUITY TO: NOTICE OF ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ALBERT J. DEITCH Albert J. Detich 39 Green Hill Road Mechanicsburg, PA 17050 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a JUDGEMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary Exhibit "B" TOWNSHIP OF SILVER SPRING, Plaintiff VS. ALBERT J. DEITCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 CIVIL CIVIL ACTION - EQUITY IN RE: MOTION OF PLAINTIFF FOR ENTRY OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDANT ORDER AND NOW, this / ? '- day of December, 2002, a rule is issued against the defendant, Albert J. Deitch, to show cause why the relief requested in the within motion ought not to be granted and why a final decree upon judgment of default should not be entered in the as proposed by the Township of Silver Spring. This rule is returnable in twenty (20) days after service. If an answer has not been filed with the Prothonotary within twenty (20) days after service, a final order in the prescribed form will be entered upon the written motion of the Township to make this rule 'absolute. Exhibit BY THE COURT, ,~ A. Hess, J. and th~-seal of sa~Court ~Car.~;:~ Pa. ~ ~ TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY FINAL DECREE UPON JUDGMENT OF DEFAULT AND NOW this ¢ ~ day of~7'.d~,;, ;~,f,j ,2003, upon consideration of the Plaintiff, Township of Silver Spring's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch, and Plaintiff's Motion for Rule Absolute, it is hereby DECREED as follows: COUNT I a. Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance; b. Deitch is ordered and directed to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; c. Upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, the Township is authorized to take any and all actions necessary to effect a clean-up of the Subject Prerrdses, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deitch; Exhibit "D" do The Court may order and direct such other and fiarther relief as the Court shall determine to be just and proper. ao COUNT II Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance; Deitch is ordered and directed to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises, Township is authorized to take any and all actiorts necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, ernployees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. ao b° COUNT III Deitch is permanently enjoined from using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance; Deitch is ordered and directed to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape; Co The Court may order and direct such other and further relief as the Court shall determine to be just and proper. bo Co do COUNT IV Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.1.6.F the Zoning Ordinance; Deitch is ordered and directed to remove the trailers from the Subject Premises; Upon the failure of Deitch to remove the trailers, the Township is authorized to take any and all actions necessary to remove the trailers from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark trailers to be removed and the removal of said trailers, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. BY THE COLTRT, 8 k~vin A. Hess, J. VERIFICATION The undersigned, JAMES E. HALL, as Zoning Officer of the Township of Silver Spring, hereby verifies that the facts set forth in the Plaintiff Township o1~ Silver Spring's Petition for Adjudication of Civil Contempt 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. Dated: JffES E.~ALL, Zoning Officer ~t'6wnship of Silver Spring CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a tree and correct copy of the foregoing Plaintiff's Petition for Adjudication of Civil Contempt upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this ,2003. SERVED UPON: Albert J. Deitch 39 Greenhill Road Mechanicsburg, PA 17050 TOWNSHIP OF SILVER SPRING, Plaintiff Vo ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT TO THE HONORABLE KEVIN A. HESS: AND NOW comes the Plaintiff, Township of Silver Spring, by its attorney, Steven A. Stine, who represents as follows: 1. Plaintiff, Township of Silver Spring ("Township"), instituted this equity action against Defendant Albert J. Deitch ("Deitch"), on or about September 11, 2002 by filing a complaint for injunctive relief. Said complaint was served on Deitch on September 17, 2002. 2. Deitch failed to file a responsive pleading to the complaint within twenty (20) days of service, and the Township filed and served on Deitch a Notice of Default providing him with ten (10) additional days in which to file a responsive pleading. A copy of the Notice of Default is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 3. On December 6, 2002, after Deitch failed to file a responsive pleading, the Township filed a Praecipe for Default Judgment Against Deitch. 4. On December 6, 2002 the Prothonotary in and for Cumberland County entered a default judgment against Deitch. A copy of the Notice of Entry of Default Judgment Against Defendant Albert J. Deitch is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 5. On or December 11, 2002, Township filed a Motion for Entry of Final Decree upon Judgment of Default Against Defendant, Albert J. Deitch. 6. On December 17, 2002, the Honorable Kevin A. Hess issued a Rule against Deitch to show cause why the Township's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant should not be entered as proposed by the Township. A copy of the Rule to Show Cause is attached hereto as Exhibit "C" and incorporated herein be reference thereto. 7. 30, 2003 filed a Motion for Rule Absolute. 8. On February 6, 2003, based upon the Township's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch and the Township's Motion for Rule Absolute, Judge Hess entered a Final Decree Upon Judgment of Default (the "Final Decree"). A copy of said Final Decree is attached hereto as Exhibit "D" and incorporated herein by reference thereto. 9. The Final Decree in Count I permanently enjoins Deitch from using the Subject Premises in violation of Section 302.3 of the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance") and orders and directs Deitch to remove the trash, garbage, refuse and junk form the Subject Premises. 10. Section 302.3 of the Zoning Ordinance prohibits the use of property for the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding fifteen (15) days. 11. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance, and has not removed the trash, garbage, refuse and junk from the Subject Premises. After Deitch did not respond to the Rule to Show Cause, the Township on January 12. There still remains on the Subject Premises trash, garbage, refuse and junk. 13. The Final Decree in Count II permanently enjoins Deitch form using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance and orders and directs Deitch to remove motor vehicles without valid license plates or current valid inspection stickers from the Subject Premises. 14. Section 302.6 of the Zoning Ordinance prohibits the parking or storage of motor vehicles without current valid license plates or current inspection stickers other than in a completely enclosed building. 15. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance, and has not removed the motor vehicles without valid license plates or current valid inspection stickers from the Subject Premises. 16. There still remain on the Subject Premises numerous motor vehicles, which do not possess a valid license plate or current valid inspection sticker. 17. The Final Decree in Count III permanently enjoins Deitch form using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance and orders and directs Deitch to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape. 18. Section 337.5 of the Zoning Ordinance requires that all outdoor pasture/recreation areas be enclosed with fencing to prevent escape of animals. 19. Section 337.6 of the Zoning Ordinance requires that all animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line, and that all animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. 20. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 337.5 and 337.6 of the Zoning Ordinance, and has not erected a fence to completely enclose the pasture/recreation area of the swine so that they cannot escape. 21. Although a fence exists around the pasture/recreation area of the swine on the Subject Premises, the swine routinely escape onto the neighboring properties and Greenhill Road. The swine have escaped numerous times since the entry of the Final Decree. 22. The Final Decree in Count IV permanently enjoins Deitch form using the Subject Premises in violation of Section 302.1.6.F of the Zoning Ordinance and orders and directs Deitch to remove motor vehicles the trailers from the Subject Premises. 23. Section 302.1.6.F of the Zoning Ordinance prohibits the storage or parking of any trailer other than those accessory to a principal residential use on any lot used principally for residential purposes. 24. As of the date of this Petition, Deitch has failed and refused to stop using the Subject Premises in violation of Section 302.1.6.F of the Zoning Ordinance, and has not removed the trailers from the Subject Premises. 25. 26. Decree. There still remain on the Subject Premises numerous trailers. Deitch has voluntarily, willfully and intentionally failed to comply with the Final WHEREFORE, Plaintiff, Township of Silver Spring, respectfully requests your Honorable Court to enter a rule upon Defendant, Albert J. Deitch, to show cause, if he has any, why he should not be held in contempt; and, after heating, to enter an order adjudicating Carignan in civil contempt and imposing appropriate sanctions to enforce future compliance with the Final Decree Respectfully s~mit~d, Ao~ey I.l~ 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Plaintiff TOWNSHIF OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual TO: Albert J. Deitch 'NO. 02-4354 'CIVIL ACTION - EQUITY Defendant · IMPORTANT NOTICF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DATE OF NOTICE: October 11, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY, OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 ~iRE 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Dated: Exhibit "A" ToWNsHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-4354 : CIVIL ACTION - EQUITY : : TO: NOTICE OF ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ALBERT $. DEITCH Albert J. Detich 39 Green Hill Road Mechanicsburg, PA 17050 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a JUDGEMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary Exhibit "B" TOWNSHIP OF SILVER SPRING, Plaintiff VS. ALBERT J. DEITCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 CIVIL CIVIL ACTION - EQUITY IN RE: MOTION OF PLAINTIFF FOR ENTRY OF FINAL DECREE UPON JUDGMENT OF DEFAULT AGAINST DEFENDANT ORDER AND NOW, this ! 7' '- day of December, 2002, a rule is issued against the defendant, Albert J. Deitch, to show cause why the relief requested in the within motion ought not to be granted and why a final decree upon judgment of default should not be entered in the as proposed by the Township of Silver Spring. This rule is returnable in twenty (20) days after service. If an answer has not been filed with the Prothonotary within twenty (20) days after service, a final order in the prescribed form will be entered upon the written motion of the Township to make this rule 'absolute. Exhibit BY THE COURT, /~ A.. Hess, J. and: th¢,~eal of sapactort ~ari~!,, Pa. ~ ~ TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4354 CIVIL ACTION - EQUITY FINAL DECREE UPON JUDGMENT OF DEFAULT AND NOW this ¢ ~ day of_f~.Z,,; '~'~,7 ,2003, upon consideration of the Plaintiff, Township of Silver Spring's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch, and Plaintiff's Motion for Rule Absolute, it is hereby DECREED as follows: COUNT I a. Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.3 of the Zoning Ordinance; b. Deitch is ordered and directed to remove the trash, garbage, refuse and junk accumulated on the Subject Premises in violation of the Zoning Ordinance; c. Upon the failure of Deitch to remove the trash, garbage, refuse and junk from the Subject Premises, the Township is authorized to take any and all actions necessary to effect a clean-up of the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark items to be removed and the removal of said items, the cost of which shall be borne by Deitch; Exhibit "D" do The Court may order and direct such other and further relief as the Court shall determine to be just and proper. Co do COUNT II Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.6 of the Zoning Ordinance; Deitch is ordered and directed to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises in violation of the Zoning Ordinance; Upon the failure of Deitch to remove the motor vehicles without current valid license plates or current valid inspection stickers from the Subject Premises, Township is authorized to take any and all actions necessary to remove said motor vehicles from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark motor vehicles to be removed and the removal of said motor vehicles, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. mo b° COUNT III Deitch is permanently enjoined from using the Subject Premises in violation of Sections 337.5 and 337.6 of the Zoning Ordinance; Deitch is ordered and directed to erect a fence to completely enclose the pasture/recreation areas of the swine and geese so that they cannot escape; Co The Court may order and direct such other and further relief as the Court shall determine to be just and proper. bo COUNT IV Deitch is permanently enjoined from using the Subject Premises in violation of Section 302.1.6.F the Zoning Ordinance; Deitch is ordered and directed to remove the trailers from the Subject Premises; Upon the failure of Deitch to remove the trailers, the Township is authorized to take any and all actions necessary to remove the trailers from the Subject Premises, including, but not limited to entry onto the Subject Premises by the Township, its agents, employees, representatives and contractors to inventory and mark trailers to be removed and the removal of said trailers, the cost of which shall be borne by Deitch; The Court may order and direct such other and further relief as the Court shall determine to be just and proper. BY THE COURT, ~e~//vinT'~x.~ ~ //~/~ A. Hess, J. tn T~:v~ltrmmy ~her~,Jo~, I h~re ur.~k~ ~' my t~nd and tho ~.~l of ~d C~):~ at ~ .... VERIFICATION The undersigned, JAMES E. HALL, as Zoning Officer of the Township of Silver Spring, hereby verifies that the facts set forth in the Plaintiff Township of Silver Spring's Petition for Adjudication of Civil Contempt 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: J~ES E./[~ALL, Zoning Officer t~,Y'6wnship of Silver Spring CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a tree and correct copy of the foregoing Plaintiff's Petition for Adjudication of Civil Contempt upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this ~ day of gD~ I , 2003. SERVED UPON: Albert J. Deitch 39 Greenhill Road Mechanicsburg, PA 17050 TOWNSHIP OF SILVER SPRING, Plaintiff VS. ALBERT J. DEITCH, and adult individual, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 EQUITY CIVIL ACTION - EQUITY IN RE: PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT ORDER AND NOW, this 3- ' day of May, 2003, a role is issued upon the defendant to show cause why an attachment and citation for contempt should not issue. He is further directed to file an answer to the plaintiff's petition within twenty (20) days of service thereof. A hearing on this role to show cause is herewith set for Thursday, August 21, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 05-0.5' TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT TO THE HONORABLE KEVIN A. HESS: 1. Admitted. 2. Admitted. 3. Admitted except for the accuracy of the date o£ filing. 4. Admitted. 5. Admitted except for the accuracy of the date of filing. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted assuming Plaintiff meant "from" where he wr,ote form, otherwise denied. 10. Admitted. 11. Denied. 12. Denied. 13. Admitted. 14. Admitted. 15. Denied in so far as Respondent has begun the process of properly storing these vehicles. 16. Admitted. 17. Admitted assuming Plaintiff meant "from" where he wrote form, otherwise denied. 18. Admitted. 19. Admitted. 20. Denied. 21. Denied. 22. Admitted assuming Plaintiff meant "from" where he wrote form and that the use of the words "motor vehicles" was a typographical error, otherwise denied. 23. Admitted. 24. Denied in that Defendant is developing a plan to remove', the trailers and find satisfactory storage for the items contained within and in that Defendant asks for a reasonable amount of time to implement this plan; no deadline was mentioned in Judge Hess' Final Decree. 25. Admitted. 26. Denied. WHEREFORE Defendant respectfully requests your Honorable Court to forego entering a Rule upon Defendant to show cause why he should not be held in contempt and instead list this matter for a heating. Respectfully submitted, PA Sup. Ct. ID# 90152 .61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I verify that the statements made in this Response are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Date~ Respondent, AlUe~ J. ~itch~ TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, John C. Porter, counsel for the Defendant, Albert J. Deitch, hereby certify that a true and correct copy of the Defendant's Response to Plaintiff's Petition For Adjudication of Civil Contempt in the above captioned case was served to the Counsel of Record for the Plaintiff, Township of Sliver Spring in the following manner: First Class Postage Prepaid Steven A Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 on this 23na day of May, 2003. John{]C. Porter, Esq. Co-Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant PlAY 2 7 2003 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY COURT ORDER AND NOW on this ~?q~o~ dayof ~~ ,2003, a hearing is scheduled on %~¢~z~ ,a~-.-.-.-.-.-.-.-~,2003at~'/~Oq.'m'inC°urtr°°mN°' ~ atthe Cumberland County Court House, at which time the Court shall consider Plaintiff's Petition for Adjudication of Civil Contempt and Defendant's Response to that Petition. BY THE COURT: KEVIN A. HESS, J. VlNV^'IACjNN]d ~0:01 MY 0[; A~N CO TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Defendant, Albert J. Deitch, hereby certify that a true and correct copies of the Court Order and Defendant's Response to Plaintiff's Petition for Adjudication of Civil Contempt in the above captioned case was served upon Steven A. Stine, Counsel for the Plaintiff, Township of Silver Springs, in the following manner: First Class Prepaid Postage to Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 on this 3rd day of June, 2003. John ~. Porter, Esq. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY DEFENDANT'S MOTION TO HAVE THE COURT ACCEPT A TIME CERTAIN PROPOSAL FOR DEFENDANT'S COMPLIANCE WITH SILVER SPRING TOWNSHIP ZONING ORDINANCE §§ 302.3, 302.6, 337.6, AND 302.1.6.F PURSUANT TO THIS COURT'S VERBAL ORDER of September 22, 2003, Defendant, Albert J. Deitch proposes: SCOPE OF PROPOSAL 1. ~nDefendant~sResp~nseT~P~ainti~'sPctiti~nF~rAdj~dicati~n~fCivi~`~4~`nte~m~t, '~ Defendant asked this Court for a reasonable amount of time w~thin which~efend~t~: i ~'~:~ would implement his plans to bring the property known as 39 Green Hill ~0ad in~ compliance with Silver Spring Township Zoning Ordinance §§ 302.3,302.~¢337(~ 337.6, and 302.1.6.F. 2. This Court set a date for a hearing on September 22, 2003, and at that hearing this Court asked Defendant to submit a proposal to the Court and to serve the proposal upon the Court and Plaintiff's Counsel. 3. Also, at that hearing, it was stated on the record by Plaintiff's Zoning Officer that in the last few months no complaints had been received by adjacent landowners to the property known as 39 Green Hill Road regarding loose or escaped livestock. 4. Such a statement suggests that Silver Spring Township Zoning Ordinance § 337.5 has been complied with. 5. Accordingly, Defendant addresses in this proposal the time needed to attain compliance with Silver Spring Township Zoning Ordinance §§ 302.3,302.6, 337.6, and 302.1.6.F. RESOURCES OF DEFENDANT 6. The Defendant is a man of quite limited resources: Defendant receives roughly $350.00 a month from Social Security · Defendant earns little extra income, and that from few sales of livestock which he owns and raises and other farm related enterprises he undertakes · Defendant has no savings or investments · Defendant is an elderly gentleman · Defendant has a medical history that includes a heart attack and minor strokes · Defendant has no kinfolk in the area who are of'the mind to aid and assist the Defendant SIZE OF THE TASK LEADING TO COMPLIANCE 7. After the September 22, 2003 hearing, the Plaintiff's Zoning Officer and Counsel in a conversation with Defendant's Counsel, estimated that were the Defendant to work alone, the task leading to compliance would take a lifetime to complete, whereas a team of well-equipped men might be able to complete the task at hand in a week. PROPOSED TIME CERTAIN 8. While it is recognized that some time may be lost during months when snow may cover the ground, Defendant, by and through his Counsel proposes that a reasonable time under the circumstances for the property known as 39 Green Hill Road to be brought in compliance with Silver Spring Township Zoning Ordinance §§ 302.3, 302.6, 337.6, and 302.1.6.F is until January 5, 2004. WHEREFORE Defendant respectfully requests your Honorable Court to grant Defendant until January 5, 2004, to bring the property known as 39 Green Hill Road in compliance with Silver Spring Township Zoning Ordinance §§ 302.3,302.6, 337.6, and 302.1.6.F. Respectfully submitted, J;~h~o r nC~ yP °fc~e~l ainti ff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I verify that the statements made in this Response are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Attorney for th,: Defendant, John C. Porter TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE_ I, John C. Porter, Counsel for the Defendant, Albert J. Deitch, hereby certify that a true and correct copies of the DEFENDANT'S MOTION TO HAVE THE COURT ACCEPT A TIME CERTAIN PROPOSAL FOR DEFENDANT'S COMPLIANCE WITH SILVER SPRING TOWNSHIP ZONING ORDINANCE §§ 302.3, 302.6, 337.6, AND 302.1.6.F in the above captioned case was sexaTed upon Steven A. Stine, Counsel for the Plaintiff, Township of Silver Springs, in the following manner: First Class Prepaid Postage to Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 on this 23rd day of September, 2003. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 TOWNSHIP OF SILVER SPRING,: Plaintiff : ALBERT V. J. DEITCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 02-4354 EQUITY IN RE: CONTEMPT ORDER OF COURT AND NOW, this 22nd day of September, 2003, after hearing, counsel for the defendant is directed, within 72 hours, to submit to the Court a proposal for a time limit within which the defendant will comply with our earlier order, which proposal shall be served upon the Court and upon counsel for the plaintiff. Counsel for plaintiff will have a like period of time to respond to the Township's proposal, wNereafter the Court will make an order outlining a time limit for the defendant's responsibilities pursuant to our earlier Orders of Court. Upon default, a contempt citation to issue upon further motion. By the Court, Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 For the Plaintiff John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013 For the Defendant K~ A. Hess, J. :mae ,,,~NF .... TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 02-4354 CIVIL PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO HAVE THE COURT ACCEPT A TIME CERTAIN PROPOSAL FOR DEFENDANT'S COMPLIANCE WITH SILVER SPRING TOWNSHIP ZONING ORDINANCE SECTIONS 302.3, 302.6, 337.6 AND 302.1.6.F AND NOW comes the Plaintiff, Township of Silver Spring and files the following response to Defendant's Motion: SCOPE OF PROPOSAL 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. It is admitted that to the best of Plaintiff's knowledge, Defendant is currently in compliance with §337.5. 5.Admitted. RESOURCES OF DEFENDANT 6. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph six (6). By way of further answer, it is Plaintiff's belief that the Defendant owns real estate in addition to 39 Greenhill Road. According to the Cumberland County real estate tax records, the Defendant owns or has an ownership interest in the following properties: 442 Fairground Avenue, Borough of Carlisle 3286 Spring Road, Middlesex Township 10 acres along Sandy Lane, Monroe Tow:aship .98 acres, West Pennsboro Township In addition, many of the items, which are to be removed from the Defendant's property, have scrap value, which would offset the cost of bringing the property into compliance with the zoning ordinance. Furthermore, it is the Plaintiff's belief that Defendant may receive income from renting mobile homes located on the property as residential units. SIZE OF TIlE TASK LEADING TO COMPLIANCE 7. Admitted in part. It is admitted that the referenced conversation took place and that based on the Defendant's lack of effort to this point in time, it could take Defendant the remainder of his life to bring the property into compliance. If, however, the Defendant makes a diligent effort to clean up the property and hires a contractor who deals in scrap to remove the large items, it is the Plaintiff' s belief that the property could be brought into compliance within several weeks. PROPOSED TIME CERTAIN 8. Admitted in part. It is admitted that snow in the winter months could further delay the clean up effort, and therefore, and end date of January 5, 2004 is unacceptable. In order to avoid the prospect of further delays in clean up due to weather, it is the Plaintiff's position that the end date should be December 5, 2003. If Defendant makes a reasonable effort to comply with the zoning ordinance, December 5, 2003 is an end date, which should be easily attainable. WHEREFORE, Plaintiff respectfully requests your Honorable Court to order the Defendant to bring the property located at 39 Green[fill Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, into compliance with Sections 302.3,302.6, 337.6 and 302.1.6.F of the Silver Sprirtg Township Zoning Ordinance on or before December 5, 2003. Dated: Respectfully submitted, 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Plaintiff CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Response to Defendant's Motion to have the Court Accept a Time Certain Proposal for Defendant's Compliance with Silver Spring Township Zoning Ordinance Sections 302.3,302.6, 337.6 and 302.1.6.F upon the following below-nm~ed individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this 25th day of September, 2003. SERVED UPON: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013 TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant SEP 2 5 7O03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4354 CIVIL ACTION - EQUITY ORDER AND NOW this ! ~t day of ~/.~e, ,2003, it is hereby ORDERED AND DIRECTED that Defendant shall be GRANTED until January 5, 2004, to bring the property known as 39 Green Hill Road in compliance with Silver Spring Township Zoning Ordinance §§ 302.3,302.6, 337.6, and 302.1.6.F. BY THE COURT: TOWNSHIP OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4354 : : CIVIL ACTION - EQUITY PLAINTIFF'S MOTION FOR ISSUANCE OF A CONTEMPT CITATION TO THE HONORABLE KEVIN A. HESS: AND NOW comes the Plaintiff, Township of Silver Spring, by its attorney, Steven A. Stine, who represents as follows: 1. Plaintiff, Township of Silver Spring ("Township"), instituted this equity action against Defendant Albert J. Deitch ("Deitch"), on or about September 11, 2002 by filing a complaint for injunctive relief. Said complaint was served on Deitch on September 17, 2002. 2. Deitch failed to file a responsive pleading to the complaint within twenty (20) days of service, and the Township filed and served on Deitch a Notice of Default providing him with ten (10) additional days in which to file a responsive pleading. 3. On December 6, 2002, after Deitch failed to file a responsive pleading, the Township filed a Praecipe for Default Judgment Against Deitch. 4. On December 6, 2002 the Prothonotary in and for Cumberland County entered a default judgment against Deitch. 5. On or December 11, 2002, Township filed a Motion for Entry of Final Decree upon Judgment of Default Against Defendant, Albert J. Deitch. 6. On December 17, 2002, the Honorable Kevin A. Hess issued a Rule against Deitch to show cause why the Township's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant should not be entered as proposed by the Township. 7. After Deitch did not respond to the Rule to Show Cause, the Township on January 30, 2003 filed a Motion for Rule Absolute. 8. On February 6, 2003, based upon the Township's Motion for Entry of Final Decree Upon Judgment of Default Against Defendant, Albert J. Deitch and the Township's Motion for Rule Absolute, Judge Hess entered a Final Decree Upon Judgment of Default (the "Final Decree"). 9. On April 28, 2003, the Township filed a Petition ~'or Adjudication of Civil Contempt. 10. By Order dated May 29, 2003, Judge Hess scheduled a hearing on the Petition for Adjudication of Civil Contempt for September 22, 2003. 11. After the hearing on September 22, 2003, Judge Hess issued an Order dated September 23, 2003 directing the Defendant to submit a proposal to the Court, within 72 hours, for a time limit within which the Defendant would comply with the earlier Order, and directing the Plaintiff to respond to the proposal within a like period of time. The Order then provided that the Court would make an order outlining a time limit for the Defendant's responsibilities pursuant to the earlier Orders of Court. It was further ordered that upon default, a contempt citation would issue upon further motion. 12. After receipt of the proposals of the parties, Judge Hess issued an Order dated October 1, 2003 ordering and directing Defendant to bring the property known as 39 Green Hill Road into compliance with Silver Spring Township Zoning Ordinance §§302.3,302.6, 337.6 and 302.1.6.F. 13. As of the date of this Motion the Defendant continues to be in violation of the Order of Court dated October 1, 2003, previous Orders of Court and §§302.3,302.6, 337.6 and 302.1.6.F. WHEREFORE, Plaintiff, Township of Silver Spring, respectfully requests your Honorable Court to issue a contempt citation against Defendant, Albert J. Deitch, after hearing. 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Plaintiff ~ERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Motion for Issuance of a Contempt Citation upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hummelst°wn'DauphinC°unty, Pennsylvaniathis_~S(~ day of CKlt/~ ,2004. SERVED UPON: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013 TOWNSHI]? OF SILVER SPRING, Plaintiff ALBERT J. DEITCH, an adult individual Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4354 : : CiVIL ACTION - EQUITY ORDER OF COURT AND NOW, this _~-t~ day of~_~,~Z~' 2004, upon consideration of Plaintiff's Motion for Issuance of a Contempt Citation, a hearing is scheduled on -...~-)~:~t/tt~/ ,~'?~d-'~ 2/ -'2004at~'~: ~ ~¢'m'inC°urtroomNo. ¢ .at the Cumberland County Courthouse, at which time the Court shall consider Plaintiff's Motion for Issuance of a Contempt Citation.. BY THE COURT, ~/'Steven A. Stine, Esquire 23 Waverly Drive  A. HE~S, J. Hummelstown, PA 17036 For the Plaintiff gJ'ohn C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013 For the Defendant 0 -03 -O q TOWNSHIP OF SILVER SPRING, : Plaintiff : VS. : : ALBERT ~. DEITCH, an : adult individual, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4354 EQUITY CIVIL ACTION - EQUITY IN RE: PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMP I ORDER AND NOW, this ! ~ day of June, 2004, after hearing, the court being satisfied that the defendant is in violation of our prior order of court, the rule for contempt citation is made absolute. Hearing on an adjudication and disposition is herewith set for Thursday, August 26, 2004, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, · ~teven A. Stine, Esquire For the Township ~lbert J. Deitch, Pro Se 39 Green Hill Road Mechanicsburg, PA 17050 :rlm KfA. He!,s, J. TOWNSH~ OF SILVER SPRING, Plaintiff ALBERT J. DEITCH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 02-4354 CIVIL PLAINTIFF'S PROPOSAL FOR DEFENDANT'S COMPLIANCE WITH SILVER SPRING TOWNSHIP ZONING ORDINANCE SECTIONS 302.3 302.6 AND 302.1.6. F AND NOW comes the Plaintiff, Township of Silver Spring and files the following: 1. Initially, the Plaintiff, Township of Silver Spring (the "Township") desires to determine whether or not the Defendant, Albert Deitch ("Deitch") possesses any financial resources to effect the clean-up of the property located at 39 Green Hill Road, Mechanicsburg (the "Premises"). 2. It is proposed that the Township assist Deitch in contacting a qualified contractor to view the premises and provide an estimate of the cost to clean-up the Premises to be in compliance with the Township Zoning Ordinance. 3. During the time that an estimate is being obtained, the Township wants to review Deitch's financial situation to ascertain whether there exist sufficient financial resources to pay for the clean-up of the Premises. For instance it is Township's belief that Deitch owns real estate in addition to 39 Greenhill Road. According to the Cumberland County real estate tax records, Deitch owns or has an ownership interest in the following properties: 442 Fairground Avenue, Borough of Carlisle 3286 Spring Road, Middlesex Township 10 acres along Sandy Lane, Monroe Township .98 acres, West Pennsboro Township In addition, many of the items, which are to be removed from Deitch's property, have scrap value, which would offset the cost of bringing the property into compliance with the zoning ordinance. 4. If it is determined that Deitch has sufficient financial resources to effect a clean-up of the Premises, then it would be the Township's desire that Deitch hire a contractor to do so with the guidance of the Township staff to ensure that all items are removed to come into compliance with the Township Zoning Ordinance. 5. In the event that it is determined that Deitch does not have the financial resoumes to effect a clean-up of the Premises, then the Township would do so. The Township would have to be given the authority to enter the Premises to inventory and mark all items to be removed. 6. The Township would then have to prepare a bidding document to put the work out for bid, which would be awarded to the lowest responsible bidder. 7. The contractor would remove all of the items as directed by the Township, and after completion of the work, the Township would pay the contractor in accordance with the awarded bid less the scrap value for the items removed. 8. The Township would then file a municipal lien against the Premises for the cost of the clean-up, which would include the contract price for the clean-rip as well as all costs for preparation and advertisement of the Invitation for Bidders and any other associated expenses. 9. In addition, it is the Township's expectation that Deitch would be ordered to refi'ain from bringing additional items onto the Premises in violation of the Township Zoning Ordinance. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an order consistent with the above-stated Proposal for Defendant's Compliance with Silver Spring Township Zoning Ordinance Sections 302.3,302.6 and 302.1.6.F. Dated: Respectfully subnfitted, 23 Waverly Drive Hummelstown, PAt 17036 (717) 903-1268 Attorney for Plaintiff .,CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Proposal for Defendant's Complim~ce with Silver Spring Township Zoning Ordinance Sections 302.3, 302.6 and 302.1.6.F upon the following below-named individual(s) by hand delivery on August 26, 2004. SERVED UPON: Albert J. Deitch 39 Green Hill Road Mechanicsburg, PA 17050 TOWNSHIP OF SILVER SPRING, : Plaintiff : : VS. : : ALBERT J. DEITCH, an : adult individual, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIfNTY, PENNSYLVANIA 02-4354 EQUITY CIVIL ACTION - EQUITY IN RE: PLAINTIFF'S PETITION FOR ADJUDICATION OF CIVIL CONTEMPT ORDER AND NOW, this ~ &~ day of August, 2004, this matter having been called for hearing, it appearing that the defendant continues to be in violation of prior orders of court, he is adjudicated to be in contempt. The court enters the following directives, with an order to Mr. Deitch that he cooperate in any and all stages of this remediation and, in the event of said cooperation, he shall be deemed to have purged himself of contempt in this case: 1. The Township will contact a qualified contractor to view the premises and provide an itemized estimate of the cost to clean up the premises to be in compliance with the Township Zoning Ordinance. Said contractor shall also determine whether any items to be removed are salvageable and can be auctioned to Mr. Deitch's benefit; 2. During the time that an estimate is being obtained, the Township will review Mr. Deitch's financial situation to ascertain whether there exists sufficient financial resources to pay for the clean-up of the premises. The Township may proceed by deposition or otherwise; 3. If it is determined that the defendant has sufficient financial resources to effect the clean-up of the premises, then the Township may request further hearing, seeking a directive that Mr. Deitch hire a contractor to remove items, with the guidance of the Township staff, in order to bring the pr?perry into compliance with the Township Zoning Ordinance; 4. In the event that it is determined that Mr. Deitch does not have the financial resources to effect the clean-up of the premises, then the Township may do so. In that event, the Township is granted the authority to enter the defendant's premises to inventory and mark all items to be removed, and a contract for said removal will be awarded to the lowest responsible bidder. Upon the completion of the removal of all items as directed by the Township, the Township shall pay the contractor in accordance with the awarded bid less the scrap value for the items removed. Thereupon, the Township is granted leave to file a lien against the premises for the costs of the clean-up which would include the contract price for the clean-up as well as all costs for preparation and advertisement of the Invitation for Bidders and other associated expenses; and 5. Pending said clean-up, the defendant is ordered to re:~rain from bringing additional items onto the premises in violation of the Township Zoning Ordinance. BY THE COURT, ,,,.~teven A. Stine, Esquire For the Township t~bert J. Deitch, Pro Se 39 Green Hill Road Mechanicsburg, PA 17050 :rlm K~. Hess, J.