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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LOWER ALLEN TOWNSHIP,
plaintiff
CIVIL ACTION - ~QUITY.~
~ 4 (' AliI Lr~l
No. 'I - (I" I rr't...RM 1U6
v.
FLORENCE WILLIER,
Defendant
NOTICII
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 defenses or objections to the
claims set forth against you. YoU are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
FOURTH FLOOR
CARLISLE, PA 17013-3387
PHONE: (717) 240-6200
~
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expeustas 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 0 en persona 0 por abogado Y archivar en la corte en forma
escrita su defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara
LOWER ALLEN TOWNSHIP,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - E~~~
No. 9t.- I. I'n E 1996
FLORENCE WILLIER,
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Lower Allen Township, by its
attorneys, Metzger, Wickersham, Knauss & Erb, and makes Complaint
as follows:
1. The Plaintiff, Lower Allen Township, is a first class
township and municipal corporation of the Commonwealth of
Pennsylvania, with its administration office at Township Municipal
Building, 1993 Hummel Avenue, Camp Hill (Lower Allen Township),
Pennsylvania 17011.
2. The Defendant, Florence R. Willier, is an adult
individual residing at P.O. Box 91, Hunt Valley, Maryland 21030.
3. At all times relevant hereto, the Defendant, Florence R.
Willier, was and is the owner of the property at 1388 Lowther Road,
Lower Allen Township, Cumberland County, Pennsylvania (herein
"Premises"), acquired by Deed dated May 12, 1986, and recorded
May 13, 1986, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book W-31-621 et seq.
4. At the present time and for some time in the past, the
Premises have been maintained and kept in such a manner as to
constitute a pUblic nuisance, per se, and an imminent and
irraparable danger and hazard to pUblic health, safety, and weltare
ot the surrounding neighborhood and community.
5. At the present time and tor some time in the past, the
Premises have been maintained and kept in such a manner as to
constitute a serious hazard to the health and safety of the
Defendant and the public because it is in an unsanitary and
dilapidated condition.
6. The condition of the Premises is such that numerous
ordinances of Plaintiff, Lower Allen Township, have been violated
and continue to be violated.
7. The Premises is unfit for human habitation and a hazard
to the public and safety of the Defendant and the surrounding
neighborhood and community for the following reasons:
(a) Weeds and grass consistently grow to a height
in excess of six inches (6") in violation of
Article 741.02 of the Codified Ordinances of Lower Allen
Township, 1985.
(b) West side of Premises is deteriorating.
(c) Sidewalks in front of Premises need repair
where tree roots have uplifted it in violation of
Article 905 of the Codified Ordinances of Lower Allen
Township, 1985.
- 2 -
(d) Debris from snow damage was thrown outside into
yard.
(e) Failure to trim trees in order to continually
maintain a minimum height of eight feet (8') vertical
clearance above the sidewalk, as required by Section
917.02 of the Codified Ordinances of Lower Allen
TownShip, 1985.
(f) The microorganisms present inside the Premises
pose a significant health hazard to any occupants.
(g) Conditions of the Premises violate
section 745.02 of the Codified Ordinances of Lower Allen
Township, 1985.
(h) Abandoned vehicle in side yard, creating a
nesting place for various animals.
(i) Accumulation of trash, junk, and tree limbs in
a scattered manner on Premises, creating conditions in
violation of Article 745.02, Vector control, of Codified
Ordinance of Lower Allen TownShip, 1985.
(j) Boat on Premises used for storage of junk.
(k) Biologically contaminated building unfit for
human habitation.
- 3 -
8. Because of the conditions of the Premises, Defendant
should not be permitted to reside in the Premises until such time
as the Premises have been cleaned, fumigated, and repaired.
9. Plaintiff has demanded that Defendant abate the nuisance
created by the aforesaid acts or omissions, but Defendant failed
and refused, and still fails and refuses, to do so.
10. Plaintiff has no adequate remedy of law or otherwise for
the dangerous conditions created by Defendant.
11. Plaintiff has no adequate remedy of law or otherwise for
the injury or damages caus~d or to be caused by Defendant's acts or
omissions.
12. Plaintiff will suffer irreparable harm, damage, and
injury unless the acts and/or omissions of Defendant described
above are enjoined.
13. The injury and damages suffered by the Plaintiff by the
continuation by Defendant of the act and omissions complained of
greatly outweigh any hardship to Defendant by the abatement of the
conduct complained of.
WHEREFORE, Plaintiff prays your Honorable Court to:
a. That the Defendant be enjoined from living in
the Premises until such time as the Premises have been
cleaned, fumigated, and repaired and the Premises made
fit for human habitation;
- 4 -
b. That an injunction be issued requiring and
compelling Defendant to clean, fumigate, and repair the
premises;
c. Defendant submit to Plaintiff a proposed plan
to clean, fumigate, and repair the premises;
d. Establish set hours during which the premises
can be occupied for purposes of Cleaning, fumigating, and
repairing (for example, 7:00 a.m. to 7:00 p.m.);
e. A comprehensive pest/vermin inspection be
conducted to ensure that all infestations be eradicated
at the sole expense of Defendant;
f. Require a structural inspection b~. a qualified
engineer be conducted to determine the integrity of the
dwelling and correction of all deficiencies so determined
at the sole expense of the Defendant;
g. Require the Premises to be professionally
fumigated to remove the offensive odors from the premises
and surroundings at the sole expense of the Defendant;
h. Require that a qualified microbiologist
evaluate the Premises for hazardous viruses, bacteria,
and zootonic agents and correction of all deficiencies so
determined at the sole expense of the Defendant;
- 5 -
i. Require a professional restoration company
conduct a comprehensive evaluation of the Premises at the
sole expense of the Defendant;
j. Direct Defsndant to salvage and/or dispose of
contents of the Premises and fumigate, clean, and repair
house; or
k. Direct Defendant to salvage and/or dispose of
contents of the Premises and demolish house; or
1. Direct Defsndant to demolish contents and
house;
m. Require Defendant to fumigate, clean, and
repair the Premises by a date certain, and if the same is
not completed by that date, Plaintiff be authorized to
enter into the Premises and to take the steps necessary
to fumigate, clean, and repair the Premises. If
Plaintiff expends any funds to fumigate, clean, or repair
the Premises, Plaintiff be authorized to place a lien
against the real property for payment and reimbursement
of such costs and expenses;
n. Plaintiff be authorized to enter Premises as
reasonably soon as practicable following the signing of
this Order to inspect Premises and condition thereof.
Thereafter, Plaintiff be authorized to re-enter the
- 6 -
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Defendant vacated the premises and has not resided lhere since, See MOlion, Exhibit "('''. pages
9,21.33,
Subsequent to the report of Dr. Baker. another inspection was conducted on October 30,
1995 by W,B. Rossnagel. I',E,. and a report issued November 10. 1995, See Motion. Exhibit
"B". The descriptions contained in that report and the photographs which are a part thereof attest
to the eXlremely dilapidated condition of the premises and the accumulation of trash in and
around the building. Further photographs arc included as a part of the Dclendant's deposition.
ElIhibit "(''' to the Motion, The report of Mr, Rossnagcl identilies the house as ", , , by far the
most microbiologically contaminated house he has ever seen," See Motion, Exhibit "B", page
24. Mr. Rossnagel's recommendation is that the premises be demolished, See Motion, Exhibit
"B". page 37.
The Defendant's deposition discloses that there is no material issue of fact to be resolved.
Ms. Willier admits lhatthe premises are so contaminated as to constitute a health hazard, See
Motion, Exhibit "(''', pages 9. 28. 30-31, 33-39 and 48-49, See additionally. Defendant's Answer
to the Complaint. paragraph 7. Defendant went so far as to admit that even the soil around the
house was contaminated (~ Motion. Exhibit "C", pages 36 and 48). that the car parked outside
was contaminated (pages 48 and 49), and that she would not send a stranger or even a "dog" to
mow the grass because of the danger, See Motion. Exhibit "C". page 49.
Despite the presence of these conditions. all admitted by the Defendant, Ms, Willier has
remained adamant that she has neither the means to clean up the premises herself nor will she
permit the Township to do so, See Motion. Exhibit "C", pages 47.50.
- 2-
!Joc:/lmt.'tI,1i I JJm8 I
II. ARGUMENT
A Motion for Summary Judgment is available only where the pleadings, depositions,
answers to interrogatories. lInd admissions on tile. together with the allidavits, if any, show there
is no genuine issue as to lIny material fuet, und the moving party is entitled to a judgment as a
matter of law, Standard Pa, Practice 2d, ~32: I.
The funetions of the Motion fiJr Summary Judgment are to expedile litigation and to
avoid unnecessary trials, Summary judgment serves to eliminate the waste of time lInd resources
of both litigants and courts in cases where a trial would be a useless fonnality. Standard Pa,
Practice 2d, ~32:4,
See also Pa,R,C,P, No, 1035, I et seq,; Snvder v, Specialtv Glass Produets, 658 A,2d 366
(Pa,Super, 1995); PhalTv, Gerner, 451 Pa, 146.303 A,2d 826 (1973); Giannini v, Carden, 429
A,2d 24 (Pa,Super, 198\); and Curran v, Children's Service Center. Inc" 578 A.2d 8 (Pa,Super,
1990),
There is no doubt that the conditions outlined in the Exhibits to the Motion lor Summary
Judgment constitute public nuisances, The Commonwealth Court has had no trouble declaring as
a public nuisance premises whose description is not as bad as the subject matter of this litigation,
See Feelev v, Boroul!h of Ridlcv Park. 551 A,2d 373 (Pa,Cmwlth, 1988), copy attached, We
have in the matter before Your Honorable Court a garbage and trash strewn yard surrounding a
dilapidated house which has. itsell: been described by an expert as the most microbiologically
contaminated house he ha~ ever seen, A worker demolitioning this house will have to take
extraordinary health precautions including the use of a sell:contained breathing appamlUS, See
Motion, Exhibit "B", page 28, Everyone must view with alarm the danger to transients or
children who may trespass on this property or even enter the house, Given the extent of
- 3 -
LJlI':lIttll'nt.' J.lUII,lfJ
551 A.2d 373, 121 l'a.Cmwllh, Sb4, Feeley v, Borough of Ridley Park, (I'a,Cmwhh, 1988)
Puge I
.373 55 I A,2d 373
121 Pa.Cmwllh, 564
Veronica FEELEY, Appellant,
v.
BOROUGH OF RIDLEY PARK, Appellee.
Commonwealth COUrl of Pennsylvania,
Argued Nov. 4, 1988,
Decided Dcc, 9, 1988,
Cat owner appealed order of the Delaware County
Court of Common Pleas, Howard F. Reed, Ir"
Chancellor, declaring home a public nuisance and
Imposing conditions to abate same, The
Commonwealth Coun, No, 55 C.D, 1988, Colins,
I" held that: (I) Chancellor's determination that
home was public nuisance was supponed by
substantial evidence, and (2) borough had authority
to abate nuisance In manner prescribed by
Chancellor.
Affirmed.
1. APPEAL AND ERROR c8=>847(1)
30
30XVI Review
30XVI(A) Scope, Standards, and Extent, In
General
Review Dependent on Mode of Trial
In Lower Coun
Trial In Equllable Actions
In general.
30k844
30k847
30k847(1)
(See headnole lext below)
I, APPEAL AND ERROR c8=>949
30
30XVI Review
30XVI(H) Discrelion of Lower COUr',
30k949 Allowance of remedy and mailers of
procedure In general.
(See headnOle lext belowl
I, APPEAL AND ERROR c8=> 1009(2)
30
30XVI Review
30XVI(l) Questions of Fact, Verdicls, and
Findings
30XVI(l)3 Findings of Coun
30kl009 Effect in Equitable AClions
30kI009(2) Sufficiency of evidence in
support,
Pa,Cmwltll, 1988,
Review of equily proceeding is Iimiled to
delermination of whether Chancellor's finding of
fact are supported by substanlial evidence, whether
error of law has been made, or whether Chancellor
abused his discretion,
2, APPEAL AND ERROR c8=>847(1)
30
30XVI Review
30XVI(A) Scope, Standards, and Extent, In
General
Review Dependent on Mode of Trial
In Lower Coun
Trial In Equitable Actions
In general.
30k844
30k847
30k847(1)
(See headnole texl below)
2, APPEAL AND ERROR c8=>1009(2)
30
30XVI Review
30XVI(I) Questions of Fact, Verdicu, and
Findings
30XVI(I)3 Findings of Coun
30kl009 Effect in Equilable Actions
30kI009(2) Sufficiency of evidence In
support,
Pa,Cmwlth, 1988,
Issues of credibility and evidentiary weight are
within exclusive province of Chancellor,
3, NUISANCE c8=>59
279
27911 Public Nuisances
27911(A) Nature of Injury. and Liability
Therefor
279109 Nature and elemenu of public
nuisance In general.
Pa,Cmwlth. 1988,
To constitute public nuisance, conduct must be
inconvenience or troublesome offense that annoys
tile whole community in general, and not merely
some panicular person,
4, NUISANCE c8=>84
279
27911 Public Nuisances
27911(C) Abalement and Injunclion
279k84 AClions,
Pa,Cmwllh, 1988,
Copyright (c) Wesl Group 1998 No claim 10 original U.S, Govt, works
'5i A,2d 37J, 121 Pa,Cmwl1h, S6-l, Feeley v, 1I0rougl1 of Ridley Pilrk, (Pa,Cmwl1ll. 1988)
Chancellor's dedsion that cat owner's house
conslituted public nuisance was supponed by
velerlnarian's lestimony of his observations of
unsanitary conditions during prearranged inspection
and by neighbors' testimony regarding noxious odors
emanaling from home,
S. NUISANCE cS;:>8S
279 ....
27911 Public Nuisances
27911(C) Abalement and Injunction
279k85 Mode and extent of abatement,
Pa,Cmwlth. 1988,
Borough had authority to abale public nuisance
crealed by noxious and overpowering odors
emanaling from cal owner's home by requiring her
10, Inler alia, keep no more than four cats alone
lime, have cats in her possession neutered,
vacclnaled, and examined by veterinarian, and have
her home professionally cleaned and deodorized, 53
P.S. G 46202(5).
-374 (121 Pa,Cmwlth. '6') Edward J, Devery,
Ridley Park, for appellant,
Gregory 0, S18glaino, Ronald J. Klimas, Media,
for appellee,
Before BARRY and COLlNS, JJ" and KALISH,
Senior Judge,
COLlNS, Judge,
Appellant, Veronica Feeley appeals an order of the
Delaware County Coun of Common Pleas which
was entered on December IS, 1987, This order
declared appellant's house a public nuisance and
required appellant to inltr alia: keep no more than
four cats at one time; 10 have the cats in her
possession neutered, vaccinated, and examined by a
veterinarian and; have her home professionally
cleaned and deodorized,
In July, 198', the Borou&h of Ridley Park
(Borough) flied an aCllon in equity against appellanl
seeking a preliminary injunction conlendlng that the
conditions of appellanl's home conslltuted a
nuisance, The Borough's complaint alleged that
appellant's home was In a deplorable Mate of
disrepair, lacking proper plumbing, electricity, or
waler, In addition, the complainl alleged thaI
appellant maintained approximately eighleen calS on
her premises and, because of appellant's failure to
l'uAe 2
adhere to proper animal husbandry, cat feces were
present in every room, on every noor, and on Ihe
furniture; the odor of cat urine overpowered the
premises; and that neas. nics, and ants infest the
entire house, all of which result In a terrible odor
emamaling from appellant's home,
A preliminary inJunetion was entered on August 6,
198', whieh ordered the appellant to eliminale the
odors coming from her home by having the premises
fumigated no laler than August 19, 198', The
order authorized the Borough to obtain a velerlnarlan
for the purpose of examining the eals on appellanl's
premises (121 Pa,Cmwlth, '66) and also authorized
the Borough to enter appellanl's premises for a
generallnspeetion.
While II appears thaI appellanl Initially aeted upon
the August 6, 1985 order, she again became lax In
her housekeeping and, on Augusl 9, 1987, the
Borough petitioned the coun to find appellant guilty
of conlempl. AI the hearing, dIe Borough presented
witnesses who lestified thaI as a resull of the noxious
and overpowering odors emanating from appellant's
home, they were forccd to keep their windows
closed, Thus, on August 2', 1987, the Chancellor
issued an order requiring appellanllo deodorize and
clean her home within one week; submit her home
10 monthly inspections by the Borough's health
officer; submil her cals to an Inspection by an
independent velerinarian; and not increase the
number of cats in her possession beyond thiny,
Following the inspection and subsequent repon by
Dr. Peter Herman, V,M,D" the coun entered Its
final order on -375 December IS, 1987, which
appellanl now appeals,
(1][2) W: are limited in our review of this action to
a delermlnation of whether the Chancellor's findings
of fact are supponed by subslantial evidence,
whether an error of law has been made, or whedler
the ChllllCellor abused his discretion, Lent/ont/my
Town.rhip v, ~tr, 113 Pa,Commonwealth Ct, 176,
537 A,2d 377 (1988), Moreover, the presence of
evidence conlrary 10 the Chancellor's findings dues
not make them unsupponed since Issues of
credibility and evidentiary weight arc within the
exclusive province of the Chaneellor, /d,
(3) The Issues presented by appellant for our
delermlnation arc whedler dIe Chancellor's dedslon
that appellant's house conslltules a public nuisance is
supponed by substantial evidence and whether Ihe
Copyright (c) Wesl Group 1998 No claim to original V,S, Govl. works
551 A,2d 373, 12lPa,Cm"lih, 56-1, Feeley v. Borough of Ridley Park, (Pa,Cmwllh. 19HH)
Dorough has authority 10 abate the nuisance In the
manner ordered by the Chancellor,
[121 Pa,Cmwhh. 567) This Court has nOled:
In legal phraseology, the term 'nuisance' Is applied
10 that class of wrongs that arise from tile
unreasonable, unwarrantable, or unlawful use by a
person of his own property, real or personal, or
from his own improper, Indecenl, or unlawful
personal conducl, working on [sic) obstruction or
lnjury to a right of another, or of tile public, and
producing such malerlal annoyance, Inconvenience,
discomfort or hurt thai Ihe law will presume a
consequent damage,
Groff v. Borough of Stlltrsvillt, 12
Pa,Commonwealth CI, 315, 313, 314 A,2d 328,330
(1974) (quoting Kramer v, Pittsburgh Coal
Company, 341 Pa, 379, 380-81, 19 A,2d 362, 363
(1941)), Thus, to constitule a public nuisance, the
conducl must be an Inconvenience or troublesome
offense thai annoys the whole eommunity in general,
and nOI merely some panlcular person, Id,
(4) The evidence presented by the Borough in the
instanl mauer certainly indicates appellant's home
constltules a public nuisance. For example, the
general comments provided by Peter H. Herman,
V,M,D" (FNI) following a prta"angtd Inspection
of appellant's home on November 20, 1987, noted
thai there were not enough lIuer boxes for the
number of calS in appellant's house; the Iiuer boxes
had nol been cleaned for many days; lIuer, feces
and urlne were observed on the noors of multiple
rooms; the environment of the house constituted a
poor [121 Pa,Cmwlth, 568) and unhealthy
environment for calS as well as appellant; there
were numerous mes In every room; and, a very
slrong ammonia odor was smelled in every room,
The doctor found that appellant's residence was a
dlny. moldy, dark, and malodorous place, Dr,
Hennan concluded his report by opining lbat on lbe
day of his inspection, the unsanitary condition of
appellant's home rendered It untit for bolb feline and
human habitation,
In addition, evldcnce was presenled 10 the
Chancellor tllal neighbors who live nol only next
door to appellant bUI also those who live down the
block and around the comer were bothercd by Ihc
noxious OIlors emanaling from appellant's home,
Since 1985, the resldems of Ridley Park have
I'u~e J
complained aboutlbc conditions at appellant's home.
Still, despite the order of tile trial court entcred
August 6. 1985, appellant has failed 10 maintain her
cats and hcr house In such a manncr as to 1I0t offcnd
thc neighbors In hcr community,
Accordingly, wc find that appellant's use of her
property Is bolb unwarrantable and unreasonable,
The Borough has demonstrated by subslantial
evidence the deplorable conditions of appellant's
home, as well as lbe fact that appellant's home
constitutes a public nuisance,
[51 Having concluded that appellant's home does,
in fael, constitute a public nuisance, we turn now 10
lbe delermlnallon of -376. whethr.r lbe Borough has
lbe authority to abate the nuisance In lbe manner
prescribed by lbe Chancellor, In lbe Instant maUer,
lbe Chancellor specifically found: 'The Borough
plainly in lbis case has lbe aulborlty 10 aCI,' Yet, In
her appeal, appellant asserts lbat because lbe
Chancellor did nol deciare lbal her pelS or number of
pels creates a nuisance, the Borough lacks lbe
authority to issue an order limiting lbe number of
calS malntalned on appellant's property,
[121 Pa,Cmwllb, 569) Seclion 1202 of The
Borough Code, (FN2) enumerales the specific
powers of Boroughs. Included wilbln lbose powers
is Secllon 1202(5), (FN3) which provides that lbe
Borough may:
[P)rohlblt and remove any nuisance, including bUI
not limited 10 accumulallons of garbage and rubbish
and the storage of abandoned or junked
automobiles and ... prohibit and remove any
dangerous structure on public or private grounds,
or ... require lbe removal of any such nuisance or
dangerous structure by the owner or occupier of
such grounds, in default of which lbe borough may
cause the same to be done, and collecl the COSI
thereof, togelber with a penalty of ten per cent [sic)
of such COSI, in lbe manner provided by law for lbe
collection of municipal claims, or by action of
assumpsit, or may seek relief by bill in equity,
We find appellant's argument, wilb respecI 10 the
Borough's aUlhorlty 10 act In Liis mauer, 10 be
merllless, The low level of animal husbandry to
which appellant adheres certainly contributes 10 lbe
foul odors of which the neighbors complain,
Moreover, Ihe court afforded appellant Ihe
opportunity to keep as many animals as she desired
Copyright (c) West Group 1998 No claim to orlglnallJ,S, GOVI. works
.989 562 A,2d 989
562 A.2d 989, 128 Pa,Cmwllh, 79, Fairview Tp, v, Schaefer. (pa,Cmwlth, 1989)
I'age I
128 Pa,Cmwllh, 79
FAIRVIEW TOWNSIIIP
v.
Dennis L. SCHAEFER and Geraldine T.
Whiteman.
Appeal of Dennis L. SCHAEFER, Appellant,
2272 C,D. 1988
Commonweallh Court of Pennsylvania,
Argued May I, 1989.
Decided Aug, 4, 1989,
Township filed complaint in equity for preliminary
and final injunclion to require resident to remove
live ligcr which resident maintained in caplivily,
The Common Pleas Court, Erie County, No,
59,E.1988, Michael T, Joyce, J" issued mandatory
injunclion, and resident appealed, TIte
Commonwealth Court, No, 2272 C,O, 1988, Craig,
J" held that: (I) eqully court could declare liger a
nuisance in facl, even though Pennsylvania Game
Commission authorized resident's possession of liger
by Issuing "exotic wildlife possession permil,' and
(2) record comained ovcrwhelming evidence 10
substanllate finding that tiger represented
unreasonable risk of death or serious bodily injury to
children, and thu.s trial court righlfuliy found tiger to
be auraclive nuisance and properly issued injunction,
Affinned,
Narlck, Senior Judge, filed dissenting opinion,
I, NUISANCE <P65
279 _m
27911 Public Nuisances
27911(A) Nature of Injury, and Liability
Therefor
279k65 ACls authorized or prohibiled by
public authority,
Pa,Cmwllh, 1989,
Equily court had power 10 declare tiger a nuisance
in fact, even though Pennsylvania Game
Commission had authorized lownship residem's
possession of tiger by issuing, under guidelines of
game and wildlife code, an "exotic wildlire
possession permit,' 34 Pa,C,S,A, ~ 2963,
2. NUISANCE <P62
279 ,...
27911 Public Nuisances
27911(A) Nature of Injury, and Liabilily
Therefor
279k62 Public annoyance, injury, or danger,
(See headnote text below)
2. NUISANCE <P80
279
27911 Public Nuisances
27911(C) Abatement and Injunction
279k80 Grounds for injunction,
Pa,Cmwllh, 1989,
Record contained overwhelming evidence 10
subslantiate finding thatliger, allhough declawed and
caged, represented unreasonable risk of l!:ath or
serious bodily injury 10 children, and thus Irial court,
siuing In equily, righlfuily found liger to be
'auraetive nuisance,' and properly Issued mandatory
injunclion requiring resident to remove liger from
township, 53 P,S, ~ 65712,
See publication Words and Phrases for other judicial
constructions and definllions,
[128 Pa,Cmwlth, 80] Daniel J, Brabender, Jr"
Carney & Good, Erie, for appeilant.
Michael S. Jan Janin, with him, Donald C, Buseck,
Quinn, Gent, Buseck & Leemhuis, Inc" Erie, for
appeliee Fairview Township,
Before CRAIG and SMITH, Jj" and NARICK,
Senior Judge,
.990 CRAIG, Judge,
Although both panies argue this case as a conflict
belween the statutory powers of a state agency and a
political subdivision, the salient Issue is nOI which of
two slatutes carries greater weight, bUI whether a
court of eqully has the authorily to intervene and
provide specific relief when a nuisance exisls,
Dennis L, Schaefer appeals an order by Judge
Joyce of the Court of Common Pleas of Erie
County, granting Fairview Township a mandatory
Injunclion requiring Schaefer to remove from the
township a live tiger which he maintains in captivily,
[128 Pa.Cmwllh, 81] Schaefer keeps the tiger at his
residence in Ihe second class township of Fairview,
The tiger, caged by a six,foot,high chainlink fence
Copyright (c) West Group 1998 No claim 10 original U,S, Govt, works
I'.ge 2
362 A,2d 989, 128 l'a,Cmwlth, 79. Falrview Tp. v. Schaefcr, (l'a,Cmwlth, 1989)
wllh a roof, has been declawed, Schaefer 1m ends III
c!efang !he animal al a laler dale, The Pennsylvania
Game Commission has aUlhorlzed Schaefer's
possession of Ihe Ilger by Issuing, under Ihe
guidelines of seclion 2963 of Ihe Game and Wildlife
Cooe, 34 Pa,C,S, ~ 2%3, an "Exolic Wildlife
Possession Permll," (FNI)
On August 17, 1988, Fairview Township filed a
complainl in eqully for a preliminary and final
injunction in !he Common Pleas Coun of Erie
Counly, requesling an order mandaling removal of
!he liger from !he lownship. The lownship comends
!hal !he presence of !he liger is a prohibilable
nuisance under seclion 702, cl. XII, of !he Second
Class Township Cooe, (FN2) and a !hreal 10 !he
safelY of all persons wi!hin !he township, Section
702, cl. XLVII, of !he Second Class Township
Cooe, 33 P,S, ~ 63747, au!horizes !he lownship to
"lake all needful means for securing" against such
!hreals,
Schaefer's response is !hal Ihe liger Is nol a !hreat
10 !he communiI)', and !hal !he lownship's police
power under !he Second Class Township Cooe does
nol supersede !he commission's aUlhorilY as granled
by !he Game and Wildlife Cooe, Addilionally,
Schaefer assens !hal !he presence of !he liger does
nol constilule a nuisance,
On Augus129. 1988, Judge Joyce held a hearing on
!he maller, and afler viewing !he tiger In lis
surroundings, made !he following findings of facI:
(1) '[AI very real danger presently exlsls !hal a
person, perhaps even an unknowing or curious child,
mighl approach !he properly confmed liger and slill
sustain injury, possibly of a serious nalure;
(2) "[D)espile !he inspeclion and cenificalion of Ihe
cage facililies by !he Pennsylvania Game
Commission, it is difficult[l28 Pa.Cmwl!h, 82) 10
believe !hal mere chainlink fencing would be enough
10 hold back a 600 pound ligcr dcsiring 10 free IIself
from its confines for whale vcr reason, II should be
noted thaI Ihe liger, already a healthy 223 pounds,
has succeeded In pushing Ihe chainlink fence
approxlmalely one fOOl from lrue venical so Ihal
bulges appear in Ihe fence, II is Ihe coun's opinion
Ihal while Ihe small chainlink cage can al Ihis lime
hold off !he liger's normal lendency 10 be free, the
fence will be ineffective 10 wilhsland the impact of
Ihe liger's body once it reaches maturity (i,e.
approximately 600 pounds):'
(3) "[T)he coun nOled lal Ihe viewingl !hat Ihe
liger at one poinl reached ils paw OUI of the cage and
encircled !he defcndam's calf wllh one of lis paws,
This Iype of aClion presems a very real danger to an
innaeem onlooker, despile the fact thai each of !he
liger's paws have been declawed, her ralher
menacing leeth arc imaCI. In shon, Ihe liger
presenlly possesses tile abililY 10 seriously harm an
unwary, curious onlooker;'
(4) '(The tigerl mosl cerlainly presems a serious
risk of harm 10 all who come Into comacl wllh it,
even while it is confined to Ihe cage;" and
(3) "[T)he liger conslitules an 'auraclive nuisance'
that will cominue 10 draw children, and olhers
waming to gel a closer look, lowards the liger's
cage,"
.991 On !he basis of the findings, !he Irlal coun
ordered Schaefer 10 remove !he Ilger from Falrview
Township,
Schaefer now appeals 10 !his coun, conlending !hal
Ihe specific guidelines of !he Game and Wildlife
Cooe, 10 which Ihe commission musl aclhere when
issuing a possession permit, supersede !he general
police power of secllon 702, el. XLVII, of !he
Second Class Township Cooe, Additionally,
Schaefer assens !hal !he trial coun did nol have
sufficiem evidence 10 rule !hal !he Ilger is a
nuisance,
[I) The subjecI mailer before us--possession of an
exolie wildlife animal !hat may also be a nuisance--is
one of firSI impression, However, !he Pennsylvania
Supreme [128 Pa,Cmwlth, 83) Coon has addressed
!he analogous situalion of a lawfully au!horized
business being challenged as a nuisance,
In Perrin's Appeal, 303 Pa, 42, 136 A, 303 (1931).
an adjoining landowner eonlesled !he conslruction of
a gasoline sIal ion in a reslricted zoning district.
Even Ihough zoning "fficials had granled a permit,
Ihe Supreme Coun negaled the permit and held thaI
ACls of municipal officers under zoning legislation
permilling !he use of propeny for what is or may
be a nuisance, do nol ousl !he jurisdiclion of equilY
10 delermine whelher a nuisance in faCI exiSIS and
should be remained, It would be comrary 10 Ihe
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562 A,2d 989, 128 Pa.Cmwltlt, 79. Fairview Tp, v, Schaefer, (l'a.Cmwlth, 1989)
conslitulional guarantec, if, Iltrough slalute,
ordinance, or undcr a so,called exerlion of policc
power, one's properlY could be lakcn, injured, or
destroycd, and one's health made 10 suffer from the
use of anolher's properly for Ihe benelil of Ihe
laller owner, The use is not relieved of ils
offensive incidents as far as equily is concerned
even Ihough a majority of Ihe owners under a
consent ordinance agree thai land may be so used;
those who do not consenl have a right 10 be heard
In a legal forum in opposition 10 Ihe use, In
equity, the COUrl will regard such ordinances in the
nature of a fact found or an expression of municipal
Ihought and opinion, Such ordinance may Ihus aid
courts in delermining the substantive question
Involved, but they are nOI conclusive where Ihe
queslion is one of nuisance,
Id. at 51, 156 A, at 307,
The court laler resolved a similar factual situation
by holding that 'where a nuisance exists, equity may
intervene to ertioln it even though Ihere has been
compliance with zoning acts and ordinances, .
M01.eika v. American Oil Company, 383 Pa, 191,
194-95, 118 A,2d 142, 143 (1955),
The case of Reid v, Brodsky, 397 Pa, 463, 156
A,2d 334 (1959), parallels our prescnt situation, (n
Reid, a reslaurant owner (Brodsky) purchased
property in a residential district for thc purpose of
operating a taproom-restaurant. He received
approval from the Philadelphia zoning authorities I
(28 Pa,Cmwlth, 84) and from the Pennsylvania
Liquor Control Board, Brodsky also spent S50,ooo
remodeling and improving the standing building, and
to transfer a restaurant liquor license from a
previously granled localion, Before the restaurant
opened, residents of the neighborhood instiluled an
equity action in the Court of Common Pleas of
Philadelphia County to enjoin the opening of the
reslaurant on the theory of anticipatory nuisance,
After the reSlauranl opened for business, the
residents amended their complaint to rellect Ihe
Iheory that the premises now constituled a nuisance
in fact,
The trial courl enjoined the operalion of Brodsky's
business. and. on appeal, the Supreme COUrl relied
on three signilicant poinls of law in affirming Ihe
decree:
(1) Zoning authorily approval docs nol affecl Ihe
Puge J
power of a court of equity to enjoin the restaurant as
a nuisance; Id. al466 n, I, 156 A.2d at 336 n, I,
(2) Whalever may have been spent is immaterial
because the owner took a calculaled risk bringing a
polcntial nuisancc into thc ncighborhood; Id, at 466
n, 3, (56 A.2d al337 n, 3, and
(3) A fair lesl as to whelher something conslitutes a
nuisance is the reasonableness or unreasonableness
of the subject of the complaint In the particular
locality and in the manner and under Ihe
circumstances of the case, Id, a1469-70, 156 A,2d
a1338.
"992 Schaefer's receipt of an exolic wildlife
possession permit from the Game Commission is
analogous to an owner receiving permission from
zoning authorllies,
Although a zoning aUlhority, like the Game
Commission here, receives Its power from a stalute,
the Supreme Court has made clear that a court in
equity may intervene 10 enjoin a lawful business if it
becomes a nuisance in fact. The same power of an
equity court to intervene must apply when a lawfully
possessed exotic wildlife animal becomes a nuisance
in fact,
[128 Pa,Cmwlth, 85] (2J Therefore, because we
need not address the issue of the extent of the
Second Class Township police power, the only
remaining issue is whether the trial court had
sufficient evidence 10 lind that the tiger is a nuisance
in fact, in this case.. an allractive nuisance,
Section 339 of the Reslatement (Second) of Torts
delines an 'allraclive nuisance' as a place where an
artifical condition exists:
(a) ... which the possessor knows or has reason to
know that children are likely to trespass, and
(b) The condition is one of which the possessor
knows or has reason to know and which he realizes
or should realize will involve an unreasonable risk
of death or serious bodily harm to such children,
and
(c) The children because of their youth do nol
discover Ihe condition or realize Ihe risk involved
in inlermeddling with it or in coming wilhin Ihe
arca made dangcrous by ii, and
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562 A.2d 989, 128 Pa.Cmwhh. 79, Fairview Tp, v, Schaefer, IPa,Cmwhh, IlJHlJ)
I'uge -I
(d) The uti lily 10 the possessor of maimaining Ihe
condilion and Ihe burden of eliminalin& the danger
are slight as compared wilh Ihe risk 10 children
involved. and
(e) The possessor fails 10 exercise reasonable care
10 eliminate the danger or olherwise 10 pruleet Ihe
children,
The trial judge viewed Ihe liger and considered
teslimony from Schaefer, Iwo of his neighbors, a
lownship supervisor, and the ExeeUlive Direclor of
the Erie Zoological Sociely in making ils findings of
fact,
The township supervisor testified as 10 Ihe
residemial nature of Schaefer's neighborhood,
complainl5 about the liger received by the
supervisors, and the lack of other exotic wildlife in
the neighborhood,
One neighbor reilerated the supervisor's teslimony,
and described an incident where he and his family
saw the tiger sprawled across the top of a car in
Schaefer's driveway,
The Executive Director of the Erie Zoological
Society, James Rhea, lestified that tigers are
"predators' capable of geuing 'out of hand at any
given time,' regardless of [128 Pa,Cmwlth, 86)
whether the tiger is declawed, He further stated
that it is not possible to domesticate a tiger, and
explained thai professional care is the key 10
possessing a tiger safely, Rhea also agreed that a
residential area is not an appropriale place for a tiger
to reside because it poses a threat to the safelY and
welfare of area residents,
Schaefer teslified that he knows of no olher live
tigers in Fairview Township. Furthermore, he
Slated that he resides alone and works from 9 to 5, at
which time the tiger is left unauended, Schaefer
also acknowledged that tigers are wild animals that,
for no reason, could bile a person, Moreover,
Schaefer confirmed that on alleasl one occasion, the
tiger was sprawled across the lOp of a car, The
confirmalion of the incidem is signllicant because
Schaefer had earlier responded 10 Ihe queslion of
describing the living conditions of the liger al his
residence by stating '[s)he has a large cage, clean
cage. By lalY, I kup rhe cage locked at aI/times,
that's one of ,he requirements." (Emphasis added),
Schaefer's lestimony is an admission of his
awareness thill Ihe Gitme Commission will nol gram
it p<lSsession permil umil iI is satisfied that Ihe
provisions for housing and caring are adelluale (Su
3-1 Pa.C.S. ~ 2963), hUI thai he breached Ihe
reqoirement Ihat Ihe liger remain securely caged to
proteellhe puhlic.
Finally, we consider the personal observalions
made hy the Irial judge upon viewing the tiger. The
court nmed Ihal the fence had been pushed
"approximately one fOOl from lrue vertical so Ihat
bulges appear .993 in Ihe fence.' thai 'Ihe tiger at
one poim reached ils paw out of the cage and
encircled the defendant's calf wilh one of its paws,"
and Ihal "her ralher menacing teelh are inlacl, "
Because the record comains overwhelming
evidence to subslantiate a finding that the tiger
represenls an unreasonable risk of death or serious
bodily harm to children, the trial court, siuing in
equily, righlfully found the liger 10 be an aUraclive
nuisance. and therefore, properly issued the
injunction,
[128 Pa,Cmwlth, 87) Accordingly, we affirm the
order of the Court of Common Pleas of Erie counl)l.
ORDER
NOW, Augusl 4, 1989, the order of the Court of
Common Pleas of Erie COunlY, daled Seplember 16,
1988, al No, 59-E-1988, is affirmed,
NARICK. Senior Judge, disseming,
I must respectfully dissem. In this case. the
majorily affirms a trial court's grant of a mandatory
injunction, (FNI) II finds that the Appellant's
mainlenance of a caged tiger at his residence
conslilO'es a nuisance in facl, which it characlerizes
as an "attractive nuisance."
Firstly, I submit that the doctrine of aUraclive
nuisance is wholly inapplicable to the facts of this
case, Section 339 of the Restalemem (Second) of
Torts. which has been adopled by the Pennsylvania
Supreme Court, (FN2) establishes a Iheory by which
liability may be imposed upon a landowner for
injuries 10 children who come upon his land, Our
rcsearch has disclosed no cases in which the doclrine
has beco applied prospeclively, to prevem harm
which has nol yet occurred. As Ihe Supreme Court
Copyrighl (e) Wesl Group 1998 No claim 10 original U,S. Govl. works
~62 A.2d 989. 128 l'iI,Cmwltlt, 79. Filirvlew Tp. v, Schilder, (l'iI,Cmwlth. 1989)
.tated in C()()I,tr v, Rtrulinll. 392 I'a. 452, 4~8, 14ll
A.2d 792. 795 (1958), '111hl. doclrine, by it,
e~pre" lerm., applle. 'IIIly (empbil.l. in original)
where a possessor of liIIld has IIltllll/ui/lt,1 (emphasis!
128 Pa.Cmwlth. 881 In original) upon Ihalland Ihe
SlnlCIUre or artificial condition whicII lias cUI/wi
IIurm fa clli/elrm (empha.ls added)." There 15 no
evidence In thl. ca.e Ihal any child has been Injured,
nor I. Ihere evidence Ihal children rtgl/lurly play
(FN3) near Ihe tiger's cage, (Su. t,g., Jt/llllngs v.
Glm Alelm Coal Co.. 369 I'a, 532, 87 A.2d 206
(1952), which held Ihal Secllon 339 was Inapplicable
where Ihere was no evidence that children regnlarly
played In the area of Ihe accidenl or pas.cd through
it).
Secondly, I mu.t disagree that there was sumcient
evldeoee prtullttd to the Irlal court 10 enable II to
find thaI Appellant's liger constitules a nuisance in
facI, The five findings of facI which the majority
quole. in its opinion are drawn largely from the trial
judge's personal view of the tiger in her cagc,
From this view, the judge drew certain conclusions
with respect to the likelihood of fulOre injury 10 a
person approaching the cage and regarding Ihe
inability of the cage ilself to contain the liger once
fully grown, H'lwever, there was no teslimony
adduced regarding either of these points at Ihe
hearing, In making these findings, the Irial court
judge was, in effecI, serving as a witness, The
danger of this procedure was highlighted by this
Court in Tiel Bit Alley, Inc, v, Erie COl/llty
Dtpartmell/ of Healtll, 103 Pa, Commonwealth Cl.
46,59-60,520 A,2d 70,76 (1987):
'994 In COlI'an v, BUII/Ing Glider Co.. 159
Pa,Superior CI. 573, 575-76, 49 A,2d 270, 271
(1946), the Superior Court Slated:
Triers of facI, be they judges, jurors, viewers,
board or commissions, may always visit and
inspecI the locus in quo to secure a bener
underslanding of the evidence and 10 enable Ihem
to determine Ihe relative weight of coomcliog
teslimony, BUI a view cannot replace leslimooy;
the visual observalions of the lrier eannol be
substituled for leslimooy; aod tlle only legitimate
purpose[128 Pa,Cmwllh. 89] of an inspccllon is
10 iIIumate Ihe evidence and provide a base for
underslanding and comprehending lesllmony upon
Ihe record.... (Citalions omined,)
The rationale, according 10 Cowan, is Ihat Ihe
PUKe 5
trier of facI, by relying upon the view a. an
independcnt source, could thercby become a
wimcss withoullaklng the witness sland, (Foolnole
omlned.)
Finillly, Ihe dcepcr problem, I submit, lies in Ihe
analogy which Ihe majorlly draws belween the Ihree
cases II relics upon Involving zoning ordinances and
Ihls case, which analogy allows II In reach the
nuisance 'Iueslion in the first Inslance, Those three
cilses stand for Ihe proposition Ihat a court of equity
may Inlervene 10 prohibil nul.ances in facI despite
Ihe facl thai zoning aUlhorities have approved Ihe
contesled use, The Court in Mazeika v, American
Oil Co" 383 I'a, 191, 118 A,2d 142 (1955),
explained Ihe reasoning behind the allowance of the
imervemion of equhy, NOling tllal zoning is
slatulory, and exclusively a matter of law, the Court
slaled: "(1)1 is only where statUlory authorhies do an
illegal act, or one which they have no authority to
perform, Ihat equity will granl relief.... There are
many instances involving land usage where the
exiSlence of a zoning law is of no concern," 1tI, at
194, 118 A,2d at 143 (citalions omitted), While Ihe
cases the majority cites establish thaI zoning
ordinances which allow a specific use are of no
consequence when such use conSlilOles a nuisance in
fact, in my view, they do nol support the broader
proposition that equilY may always intervene 10
delermlne whether a given use constitutes a
nuisance, Rather, reference should be had to the
governing Slatutes in order 10 determine whether the
body authorizing the contested use has exceeded its
Slatutory authorily. Accordingly, I would decide
this case on the grounds raised and briefed by the
parties, I,e" whether Fairview Township
(Township) exceeded its authority in attempting 10
regulate aClivities where the legislalure has enacled
comprehensive legislation, (FN4)
[128 Pa.Cmwlth, 90] I begin with an examination
of the relevant provisions of Ihe Game Cooe and its
attendam regulalions, 34 Pa,C,S, ~ 103(a) provides:
"(I)he ownership, jurlsdiclion over and control of
game or wildlife is vested in the [Game
Commission] as an independent agency of Ihe
Commonwealth In its sovereign capacity 10 be
controlled, regulated and disposed of in accordance
wilh this title." 34 l'a,C,S, ~ 2963 governs the
authorizalion of e~olic wildlife possession pennits,
In pertinent part, that seclion provides:
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(a) Authorization,--The (Game Commission) may
S62 A,2d 989, 128 Pa.Cmwllh. 79, "airview Tp, v. Schaefer, (Pa.Cmwllh. 1989)
Puge 6
issue permil' 10 persons 10 possess exolie wildlife
which shall aUlhorize the holder 10 purchase,
receive or possess exolic wildlife from any lawful
source from within or withoullhis Commonweallh,
(b) Sheller, care and proleclion,--No pennll
provided for in Ihis secllon shall be granted umil
Ihe [Game Commissionl Is salisfied Ihal Ihe
provisions for housing and caring for such exolic
wildlife and for protecting tht pllblic arc proper
and adequale and in accordance with Ihe standards
established by me (Game Commissionl. (Emphasis
added. )
.995 As nOled in Ihe majority opinion, ligers are
included in Ihe definition of 'exolic wildlire' in 34
Pa,C,S, ~ 2961.
The regulations governing me possession of exotic
wildlife arc found in S8 Pa,Code ~~ 147.242,246
and 147,261-262, S8 Pa,Code ~ 147,261(c)
provides mat "[elxolic wildlife shall be housed in a
safe and sanitary manner. Failure to provide
sanilary surroundings for exotic wildlife or failllrt 10
adtqua/tly proltct tht public from exotic wild/ift
possessed under me acl and mis subehapter is a
violation of this subehapler.' (Emphasis added.)
The general safety provision is contained in S8
Pa,Code ~ 147,242, which provides as follows:
[128 Pa,Cmwlm, 91] (a) Cagt consrruction shall
bt sufficitnt/y strong to contain exotic wildlift and
prolect me animals from injury from omer
specimens held, A cage considered unsafe by
[Game] Commission personnel shall be
reconstructed as direcled, Reconstruction shall be
completed and approved wimin 10 days after
official notification, or before new animals are
placed in me cage,
(h) It is unlawful to exhibil exotic wildlife to me
public, except a private showing for prospeclive
customers or personal friends.
(c) EXOIic wildlife may nOI be removed from
cages or directly exposed to the public, (Emphasis
added,)
In juxtaposilion 10 Ihis legislalion is Ihe general
grant of power 10 second class lownships under
Section 702 of The Second Class Township Codc,
In Commonwtalth v, Ashenfelder. 413 Pa. S 17. 198
A.2d SI4 (1964), and Duff v, Township of
Northampton, 110 Pa, Commonweallh CI. 277, S32
A.2d SOO (1987), allocatllr grall/ed. SI8 Pa, 64S.
S42 A,2d 1373 (1988), local ordinances pursuanllo
Seclion 702 were held 10 be invalid in the face of
comprehensive slale legislalion. (FNS) As the
Supreme Coun perlinenlly slaled in Ashtnleldtr, 413
Pa. at S21,22, 198 A.2d al SIS-16:
it is well sellled Iha! lownships, political
subdivisions of the Commonweallh, possess only
such powers as have been granted to Ihem by Ihe
legislature, either In express terms or which arise
by nccessary and fair Implication or arc incident 10
powers expressly granled or arc essemial to Ihe
declarcd objecls and purposes of me lownships....
Conceding such 10 be me law, counsel for me
lownship comends me leglslal~re has delegated me
necessary power to enact mis ordinance by vinue
of ~ 702 of The Second Class Township Code....
(T)he township argues thai ~ 702 grants Ibe 'Widest
possible powers 10 me [128 Pa.Cmwlth, 92]
Township Supervisors for Ibe purpose of allowing
mem 10 lake whalever appropriale measure mighl
be necessary for securing me safelY of persons or
property wilbin me Township.' In our view, Ibe
township somewhat innales Ibe legislalive
delegation of police power under ~ 702. An
examination of ~ 702 indicates mal its language is
most inappropriale and inadequale 10 evidence any
intenl on me part of Ibe legislature to delegate 10
second class townships vasl and extensive police
powers; cenainly no intenl is manifest or evident
to granl powers to second class townships to acl in
areas where me Commonweallb ilSelf, through
legislative enactments, has provided regulation,
(Citations and foolnotes deleled,)
The Township argues Ibat il is allempting 10 fill in
me gaps Ibe Commonwealm left in the Game Code
and its regulations, It contends that bom are
primarily concerned wim me safety, healm and well-
being of me animals memselves, while its concern is
Ihe safety of its citizens. However, a reading of the
above-quoled slatulory and regulatory seclions belies
that assertion, The Game Commission is given me
responsibilily to ensure Ihal no permil will be
granted unless iI is sallsfied mat "provisions .., for
prolecling the public are proper," 34 Pa,C,S, ~
2963, The .996. Township is essentially arguing
Ihal it is nol salisfied Ihat me Game Commission has
properly execuled ilS slalUlOry dUlY because iI has
granted Appellanl an exollc wildlife possession
permil for an area IIle Township feels is
Copyright (c) WeSI Group 1998 No claim 10 original U.S. GOVI, works
562 A,2d 989, 128 J>a.Clllwllh. 79, Fairview Tp. v. Schaefer, (l'a,Cmwllh. 1989)
1'lIge 7
inapproprlale and polelllially dangerous,
Apjlllllanl responds thaI e'lullable relief under these
elreumstanccs Is not proper beeau,e, If Ihe Township
believes Ihe Game COlllllllsslou regulallous arc
Inadequate or Ineomplele, II has an adequale remedy
al law In Ihe form of a pelitlon med wllh the Game
Commission puuualll to I l'a,Code ~ 35.18 tll
reque't a hearing, Thai seellon provides:
A pelhion 10 an agency for Ihe I"uance,
amendmem, waiver or repeal of a regulallon shall
sel forth clearly and concisely Ihe Imcre,t of Ihe
pethloner In Ihe subjeel [128 Pa,Cmwllh. 93]
maller, Ihe specific regulalion, amcndment, waiver
or repeal requesled, and shall che by approprialc
reference the slalUlory provision or olbcr aUlhorily
lberefor, The pethlon shall sel forth the purpose
of, and lbe faclS claimed 10 consthule lbe grounds
requiring, lbe regulallon, amendmelll, waiver or
repeal. Pelhlons for lbe Issuance or amendmelll of
a regulallon shall Incorporale Ihe proposed
regulallon or amendmenl,
In Duff, we specifically recognized lbe availabilily
of lbls remedy 10 a lownship which believed its
chlzens were endangered by Inadequate Gamc
Commission regulalions, Slgnificamly, iI should be
nDled lbat lbe Township here has not allempted to
avail hself of lbls remedy to protect ils cilizens from
lbls perceived danger,
Accordingly, I would hold lbal lbe Township has
not shown lbat h has a clear right to lbe equilable
relief granled, and lbat h has an adequate remedy al
law, I would reverse,
FNI. Tigers are defined as "exotic wildlife", under
section 2961 of lbe Game and Wildlife Code, 34
Pa,C.S, ~ 2961.
FN2, Act of May I, 1933, P.L, 103, as amended,
S3 P,S, ~ 65712,
FN I, We have held lbat, for a mandatory injunction
10 issue, the party seeking Ihe injunction must have
eSlahlished a clear rlllllllo relief. Moyer v, Dal'is,
67 l'a,Commonwcahh Cl. 251, 446 A.2d 1355
(1982), ctjJ'd, 501 Pa, 192, 460 A.2d 754 (1983),
In addillon, Ihal party musl presem a stronger case
Ihan Ihal re'julred for a rCSlralnlng'lype Injunction
and must demonstrale Ihal h will suffer Irreparable
harm If Immedltlle relief Is nol granted, Allen v.
CoIWllli, 53 I'a, Commolllveahh Cl. 392, 417
A.2d 1303 (1980), lIere, Injuncllvc relief has
been gramed 10 elimlnale a possible fUlure Injury,
i.e" because Ihe threal of polemlal fUlure Injury
exl5lS. We have held Ihal Injunellve relief Is nol
available 10 elhnlnale possible remOle fulure Injury
or Invasion of rights, Jamal v, Commonweallll,
121 Pa, Commonweahh CI, 42, 549 A,2d 1369
(1988),
FN2, See, e.g" Banlesoll v, Glell Alden Coal Co.,
361 Pa. SI9, 64 A,2d 846 (1949),
FN3, The only evidence of children playing In the
vicinily of the Ilger's cage was from Appeliant's
neighbor who, in response 10 a question from lbe
trial judge, responded lbal he had seen children pet
lbe tiger lbroogh lbe fence in Appeliant's presence.
FN4. A second class township's power to prohibit
nuisances or to proteel lbe heallh, safety and
welfare of ils cilizens arises via statute. See
Section 702 of The Second Class Township Code,
Act of May I, 1933, p,L, 103, as amended, S3
P,S, ~~ 65712, 65747, Similarly, lbe
Pennsylvania Game Commission's (Game
Commission's) power to regulate and control exotic
animals wilhin lbis Commonweallb is slatutory,
See lbe provisions of the Game and Wildlife Code
(Game Code), 34 Pa,C,S. ~~ 101-2965,
FNS, Allbough lbe Township allempls to distinguish
Ihe facts here from lbose of Asllen/elder and Duff
on lhe grounds lbat it has not enacted an ordinance,
I fail to see lbe distinction between a lownship
which has enacled an invalid ordinance pursuanl to
Seclion 702 and one which claims Ihe rlghl 10 act
pursuam to Ihat same seclion wilhoUI going Ihrough
Ihe process of enacting an ordinance,
Copyright (c) WeSI GrollI' 1998 No claim 10 original U,S, GOVI, works
~IURRA Y y, CITY OF WILKES-BARRE
cu.... PLCan.ltJL, 1t4 A..2d 1011
d.led June I, 1977 .lCirmlng Ihe Penn.yl- I, MunIcipal C.rp.rall.n. -628
van I. Labor Rel.lions Do.rd's Iln.1 orden Clly's housing and building Inspectora'
I. alllrmed, order, whleh I,rovlded lor razing 01 build-
ings II Ihoy wero not pul Into stale .1
rop.lr and which allowed .wnera only Ilvo
wook. to pul buildings In .tale .1 ...palr,
did not Impo.. ImlMlrmllllbly ..v.... ...m.-
dy, In IIghl 01 laclIhal own.ra had allowed
condllion. In need 01 ...palr to exl.t and
W.l'1ICn over l'In-ye.r period dcaplle olllclal
demands lor com.'Cli.n 01 auch condllion.,
2. Municipal C.rporall.na "'623(1)
Ab.lemont 01 public nulsan... by clly,
which h.d adopted bom. rule charler, was
not governed by Third CI... Clly Cod.,
P,S,Con.L erL 9, t 2; 113 P,S, it 1-
302(bXlv), 39149,
3. Con.tUuliona. La... -278.2(2)
F.ct Ihat city's h.u.lng and building
In.pecton we... not required i" conduct
he.ring bol.... IlIulng n.lice Ih.t buildings
w.uld bo razed II not put In stale ol ...p.lr
wilhln live weeks did not reault In denl.1 ol
duo procell righlo .1 .wnen ol buildings, In
light .ll.ct th.t .wnen we... given n.lic.
.l In.pecton' de moll lion onler .nd we...
provided .ulCiclent lime to eeek .nd obtain
hearings bolore clly'. building bo.nI ol .p-
pe.l. .nd common pie.. courL
4. C.n.lllutl.nal La... -278.2(2)
F.ct th.t nellher city'. building bo.nI
.l .ppe.ls, which .u.talned city'. housing
.nd building In.peclen' .nler requiring
that buildings bo razed Il not put In .tale ol
rep.lr, nor common pie.. court, which .l-
linned bo.nI .l.ppe.I.' declal.n, mllde .pe-
cllic lindlng Ih.t buildings conalituted .
..nui..n..... did not deny buildings' ownen
due procell, In light ol I.et Ih.t buildings
were lound to bo In d.ngerou. condilion.
o au IUIllIU mill
Th.mu J. MURRAY, Jr, and B.alrlc.
Murray, hi. ...If., and Larl')' A.
D.mlnskl, Appellanll.
y.
Th. CITY OF WILKES-BARRE and the
Wllke..Darre CUy Bulldlnll Boanl .f
App.ala, App.II....
Comm.nwe.lth Court .1 Pennsylv.nl.,
Argued Sepl, 29, 1978.
Decided N.v, 17, 1978,
Ownen ol buildings .ppe.led lrom
city'. building board .1 .ppe.I.' decl.l.n
.u.talning city'. hou.ing .nd building In-
.peeton' order requiring Ih.t buildings bo
razed it not put In .tale 01 rep.lr wllhln
live week., The Common Pie.. Court, Lu-
zorne County, Arthur D, D.I....ndro, J"
alfinned boenl ol .ppe.I.' deci.ion, .nd
.wnen .ppe.led, The Comm.nwe.lth
Court, No, 1896 C.D.l977, Regen, J" held
that: (1) In.pecton' order, In .U.wlng .nly
live weeka to m.ke the required repain, did
n.t Impose impormllllbly severe remedy;
(2) abatement 01 publle nul..nee by city,
which h.d adopted home rule ch.rter, w..
not governed by Third CI... Cily Code; (3)
l.ct that In.pecton were not required to
conduct hearing bolore i..,ulng nolice th.t
buildings would bo razed If not rep.lred did
not reoult In denl.1 ol due 1''''''''' righlo 01
ownen, .nd (4) lact Ih.t nellher board ol
appeal. nor Common Pie.. Court m.de .pe-
cllic lindlng th.t buildings con.lituted .
"nuiaance" did not deny owners due proceS3.
Order .lCirmed.
P., 1055
J.mea F, Geddea, Jr" SlIverbl.tt '" Tow-
nend, Wllkea-B.rro, lor .ppeU.nlo,
C.rl N, Frank, Wilkes-B.rro, M.rk A,
CI.v.rell., Jr" Clly Solr" Wllkea-B.rro,
Bernard Podcaay, Leg.1 Servl... ol North-
e..tAlrn P." Inc" Wllkea.B.rrc, lor .ppel-
Ices.
Beloro MENCER, ROGERS .nd CRAIG,
JJ,
MURRAY.. CITY OF WILKE8-BAllRE
cu.... ...c.........," A.Jd '1"
Pa, 1057
which ID ",pair lhelr bulldlnll'l, Tho NlConl
.howa lhallhey had rocelved numeroua no-
1I..s of rodo vlelallon. durlnl{ tho tun yean
pre.odlng thla rlnal noll.o and took no .f.
f..llvo a.llon In .ompllan.e. Tho .ourt tJc.
low notA!d thallho many areal In need of
exIDn.lvo repair Included lho oulaldo walls.
window frame.. .hlmneys. foundallona.
front poroho.. .ntran.... ..\IInll'l. wall. and
.Ie.trlcal wiring. Ilavlng allowed thelO
condlllen. ID exl.t and Indeed worsen over a
ten year period In erre.lIvo dl.regard of
orrlelal demand. for their corre.llen, the
appellanla' complaint baaed on Insurrlclent
nollce wu properly reJ..Ied tJclow,
The appellanla' reHan.e en Groff I. mi..
placed, In that ClIAe we held that a court
.heuld not devise an equitable remedy that
Is harsher than noce....ry ID abale a nul.
.ance. In this cue the eeurt w.. net ..ked
ID f..hlen a remedy but 10 review for error
the order of an admlnlslrallve body a.ting
under powers grantA!d by local ordlnan...
and a heme rule .harler,
[2] The appellanla nexl..y th.t lhe oit)'
.hould h.ve employed the procedures pro-
vided In Secllen 4140 ef lhe Third CI...
City Code, A.l of June 23. 1931, P,L. 932, as
amended, 53 P.S, ~ 39140 for the .b.tement
of pubH. nui..n..., This argument Is
wholly without merit. Wilkes-Barre h.ving
adoptA!d a heme rule .harter, 11.'1 .ffalrs
with respect ID the subject .t hand were no
longer governed by the Third Cl... City
Code, Arllcle IX, Socllen 2 of the Pennsyl.
vania Constitullon provid..: "A munlclpaH-
ty whi.h h.. . home rule .harler may exer.
ei.e any power or perform any funcllon not
denied by this Constilullon. by ila home
rule eh.rter or hy lhe General Assembly at
any lIm.,.. Th. Legislalu", h.. not denied
home rule munielp.lIl1es lhe power ID abate
d.ngerous housing .ondillons; on the con.
trary. Soellon 302(bXlv) of tho lIome Rule
Charter and Opllonal Plans Law, 53 P ,S,
~ 1-M2(bXlv). afler n.mlng aubJeela not
aubJeet ID dl.po.llIon by home rule legis la-
lion, provides: "Nolhlng herein .ontalned
.hall be eon.lrued 10 In .ny way aCfect the
power of any munldp.lIly 10 en.ct and
JJ4 Ald--IJ
enforce ordlnan.es relallnl{ ID bulldlnl{
rod.. or any olher .afety. eanltallon or
heallh regula lion pertaining theroID, "
(3) Tho appollanla also .ay that tho Ilro-
wdu.... of the Wllke..B.rre lIou.lng and
Balldlng Code. violate the due proce..
rlghla of the appellanla bocauao tho In.pee.
Iors wero not required ID condu.t a hearing
bofon lMulng lhe nollce that tho appol.
lanla' buildings be repaired or raz.cd, The
appellanla were lOv.n nollce of tho In.pce.
~rs' demollllon order and were provided
auffi.lent limo ID lOck .nd obtain a hearing
before tho Building Board of Appeal.. and
on appe.I, In the court below, This prece.
dure looking IDward the ellminallon of un.
.afe buildings is .Imoat Identical ID that
whl.h we .pproved In the caao of Pitl.!-
burgh v, Kronzek, 2 Pa.Cmwlth, 660. 280
A,2d 488 (1971), Furlher, alnce their build.
Inll'l lOem ID be extant n.arly two years
aCter 1O..lce of noll.e they complain of, the
appell.nla' erlll.ism of the procedures In
qucsllon .. Inadequ.tely pretecUng their
Intere.la la.ka force In reality.
[4] Finally. the .ppellanla .ay that they
were denied due p....... bocaUIO neither the
court below nor the Building Board of Ap-
peals m.de the .pedfle finding that the
buildings in qucsllon co..tituted a "nul.
eance". Thl. argument is .0phl.Ucal, The
.ppellanla' build!n!!!! were found ID be "i1I~
unBare condition. deCmed in Section 108.1 of
Wilkes. Barre'. Housing Code as "dan""reus
ID Hfe, 11mb, or property." Tho b.lldlngs
were also Cound to be UdanllCrous or un.
safe" by re..on of almost every ono of the
conditions enumerated In Section 8 of the
Wllk..-B.rre Building Code. reproduced
earlier In thla opinion, In Pitl.!burgh v,
Kronzek, supra, we held that tho require-
ment of the demolition of bulldlnl!'l found
ID be In dangerous .endltien Is a proper and
nCCCS88rv exercise or the police power. To
deny this power 10 a munl.ipality merely
bocause .uch conditions are not al.. eharae.
wrlzcd by the fa.t rinders as nuisan.es
would be absurd.
Order arrlrmed,
MURRAY Y. CITY OF WILKES-BARRE
CII. at, PLc.wtu... 1M I..:Jd lOll
dated June I, 1977 affirming the rennlyl- I. Municipal Corporatlonl _628
vania Labor Relations Board'. final orders City'. housing and building Inspecwrs'
Is affirmed. onler, which provided for ruing of build-
Ings If they were not put Inw .tata o(
repair and which allowed ownen only flvo
weaks w put buildings In ltata of ropalr,
did not impe"" Impermllllbly ""vero rome-
dy, In light of fact that ownen had allowed
conditions In need of ropalr to e.llt and
wonen over tan-year period dcaplta offlcisl
demand. for corrodlon of luch conditions,
2. Municipal Corporations -623(1)
Abatement of public nuisance by city,
which had adopted home rule charter, waa
not governed by Third CI... City Code,
r.s.Const. art. 9, fi 2; 53 P,S, fifi 1-
302(b)(lv), 39140,
3. Constitutional lAw _278.2(2)
Feet that city's housing and building
Inlpecwn were not required to conduct
hearing before issuing notice th:t buildings
would bo razed If not put in stata of repair
within five weeks did not "",ult in denial of
duo process rights of owners of buildings, in
light of fact that owners were given notice
of Inspecwrs' demolition order and were
provided sufficient time w aeek and obtain
hearings before city's building board of ap-
peals and common pleas court.
4. Constitutional lAw _278.2(2)
Fact that neither city's building board
of appeals, which sustained city's housing
and building Inspectors' onler requiring
that buildinll" be razed If not put In stata of
repair, nor common pleas court, which af-
firmed board of appeals' decision, mllde spe-
cific finding that buildings constituted a
"nuisance" did not deny buildings' owners
due process, In light of fact that buildinll"
were found w be In dangerous condition,
o UUUlIlIUl1l111
Thornaa J. MURRAY, Jr. and Beatrice
Murray, hla wife, and Larry A-
Demlnakl, Appellanta,
Y.
The CITY OF WILKES-BARRE and the
Wllkes.Barre City Building Board of
Appeals, Appelleeo.
Commonwealth Court of Pennsylvania,
Argued Sept. 29, 1978,
Decided Nov. 17, 1978,
Owners of buildinll" appealed from
city'a building board of appeals' decision
sustaining city's housing and building in-
specton' order requiring that buildings be
razed if not put in stata of repair within
five weeks, The Common Pleas Court, Lu-
zerne County, Arthur D, Dalessandro, J"
affirmed board of appeal.' decision, and
owners appealed, The Commonwealth
Court, No. 1896 C.D,l977, Rogel'll, J" held
that: (1) inspecwrs' order, in allowing only
five weeks to make the required repain, did
not Impoae impennissibly aevere remedy:
(2) abatement of publie nuisance by city,
which had adopted home rule charter, waa
not govcrned by Third CI... City Code: (3)
fact that Inspectors were not required to
conduct hearing before Issuing notice that
buildings would be razed If not repaired did
not reault in denial of due proccaa rights of
ownen, and (4) fact that neither board of
appeals nor Common Pleas Court made lpe-
clfle finding that buildings constituted a
"nuisance" did not deny owners due process.
Onler affirmed,
ra,
1055
Jamea F, Geddea, Jr" Silverblatt " Tow-
nend, Wilkes-Barre, for appellants,
Carl N. Frank, Wilkea-Barre, Mark A,
Ciavarella, Jr., City Solr" Wilkca.Barre,
Bernard rodcasy, Legal Servlcea of North-
e..tern Pa" lnc" Wilkes-Barre, (or appel.
Ices.
Before MENCER, ROGERS and CRAIG,
JJ,
~.
f
"
,
t
,
,
,
i
t
!
.
1'0. 329
GROFF v, BOROUGH OF SELLERSVILLE
l'lllllt~. "II.('lIlwlth,:l1-I A.21132<'t
which is fl'i1sonahl}' tll'cmctl Ill'ccssary tll Randolph A. Scott,
11111 un cnll 10 the IlUiSalWl' IIr t1ill1~cr. ~.\ tanto
!'.S. ~ 4(,~II~(5l,
5. Nulllnc. ~84
(o:vltlCIII.'I' thOlt. illta alia, Ilnrlinn!i of
\\'all~. wilHlllW!i 111111 !Iuor huanb uf unlh'''''
cd ~ttlra..:c hlliltlinJ.:' Weft' hrokt'll nr wHetl
hc)'und repair, that larJ.:c tjuantitic!i uf
rrash wen' IIiit'll inside ncalilll-: fire hal-
ani, llllll that hllildin~ wa1 ill residential
nci.::hhorhoml. 1~ 10 20 (Cl't (rom the 1I1'ar.
l'st dwelling, ilnd was 1101 secure (rol11 the
ca!'iY intrllsiun or children supported deter.
mination II,at SUdl hllihlillJ{ cunstituted a
puhlic l1uisancl' which had tn be ahated.
6, Appeal ond Error ~134(2), 1106(2)
\Vhcrc order in nuisancc Olction that
building Ill' razeu or rcpaired did \lot con.
rorm to requirements or rules with respect
to equity .\djudication and decree, appe.1I
therefrom wuuld either han heen quashed
or remandl'd to permit the filing or excep.
tions, even ir the parties agreed to the
nonconforming procedure. Pa,R.C.I). Nos,
1516-1519, 12 p.s. Appendix,
7. Municipa.l Corporation. <:?628
\Vhere order that lmilding' fOllnd to be
a nuisance he removed if not repaired
within 90 days was nut it final, appealable
order, and owner indicated that he wished
to appeal finding tl1<1t his building consti.
tuted a Tluisance, his failure to repair the
premises following said order dhl not con-
clusively establish that he could nut or
would not do so, ami thus did not \\o'arrant
immediate removal of the 11lIilding.
8. Nulnncl <:;:::::J77
\Vhen it is determinell that Ol puhlic
nuisance in fact exists, cunrts shuultl not
de\'isc il rel11ell)' hilr~hl'r than till.' minimum
ncct's~nry to Ilrulll'rly nlJaIc~ !illch nuisance.
I. TIlt! nIItHl1l')'K (,If 11111 1I11flh'K 1IIIIII1rl'lIll)'
IlAlrl!l'" lit II", III'urlll)l 1111I1 Ill" l'III1I1I'I,lInr
IIhuuM 11111111' Il Child ur,II'r III lhnl 1I111u rRIII.
H4A1.J-lll.
I'crkllsie, fur illlllCI-
Sllmuel l,. Moyer, Seller!l.ville. for appel.
ICl'.
Bdure BO\V~IAN. President Judl{c, llwl
C1HlMI.ISII, Jr" KIIAMEII, WIl.KIN-
SO:>i, ~IENCEH. HOI ;EHS ul,,1 Bl.ATT,
JJ.
OPINION
Ill.ATT, J,,,lge.
Steward S, Groff is the owner of a
large two-story frame Imilding- which is 10'
cated in the Borough of Sellersville (Bor-
oUl-:h). The huilding was erected in 1910
for use as a cigar ho:<. factory. hut is cur.
rcntly used by GrolC as a warehouse to
store second-hand mcrchandisc which is
used in GroH's husiness. The huilding is
located in a residential neighborhood, with
the nearest structure approximately twenty
feet away, and is supplied with neither
electricity nor heat.
Oy resolution on January 11, 1971, the
Borough Council of Sellersville, pursuant
to Borough Ordinance No. 300, declared
that Groff's building was in a lIdangerous
condition" and ordered that it bc removed.
When Groff ruiled to comply with this res-
olution, the Borough instituted an action in
equity in the Court of Common Picas of
Bucks County, seeking to have the building
declared a public n\lisan.:e and to have the
nuisance abated by ordering the huilding's
removal.
Two hearings were held, 11m.!, at the
close of the second hearing all June 30,
1971, the chancellor orally ordered ~ the
building to he razed and removed unless
certain repairs ami improvement! were
made to it within ninety days. 011 Octoher
22, 1971, whcn the Ilarticli a~ain appearcll
hl'(lIre the t'hancdlnr, it wn! rllllcctled that
Ihe onlt'r nf June 30, 11)71 hall not h(cn
I'r IlIlIn (ullnw 11111 Illl'lnll'lI Ilf l'Il.It.c'.P.
:'-:1114. lillU.J:'HU, I:..! 1',:-I,'\I'III'IUIl1.
330 PIl,
SU ATLANTIO REPORTER, 2d SERIES
l'arril'tl out. SIl"~I'fll1rlllly. hy stipulation,
hnth partie! rccplcstell that lht! dHllIl'('l!llT
file ,&II :llljllllic,lliulI utili c1ccrct' nhi 3!i re.
quired ',y l'a.l{.CI'. No, 1517, arlll this wa!i
dune hy the chancellor nn June .\0, ll)i.!.
The dCl'Tee nisi c1irt'dl'l! tl1l! 11C'lI1ulition :Hld
rcmuvill of (;ruff'!i lUlildin.: within tell
days uf the date of l'ntry of a final c1l'l"rcc.
Ext:el'tiulu were (j(l.!d, hilt the court el1
hatH: a(firmed thl' dt'cree nisi and entered
a film I decree In the same effcct. (iroU
thereafter hroug-ht an appeal 10 this Court.
[1] OUT scupe of review in l'ljl1i1y mal.
ters is limited. The filHlin~9 of (act of the
chancl'llor will he reversed only where
there has hccn manifest or clear error or n
clear ahuse of discretion. The chal1ccllor'~
decision will stand if there exists sufficicnt
evidence to justify the finding'S allll lo~i-
cally sound, reasonable inferenccs and con-
clusions derived therefrom. Eyen a pre-
ponderance of testimony against the find-
ings will Le insufficient if there is testimo.
ny which, if believeJ, will warrant them.
Ross v. Philadelphia Federation of Teach-
ers, R Pa,Cmwllll. 21J.1, 301 A.2d 405
(1973),
The essential fluestiOl1s before us, there-
fore, arc 1) whether or not Groff's build-
ing constitutes a public nuisance ami, if it
docs, 2) whether or not removal, as or-
dered by the lower conrt, is proper,
[2] A "nuisance" is lI'such a use of
property or such a course of conduct a5,
irrespective of actual trespass against oth.
ers or of malicious or actual criminal in-
tent, transgressc5 the just restrictions upon
use or conduct which Ihe proximity of oth-
er persons or propl'rty in civilized COI1l-
munities imposes UlllJl1 what would other-
wi~c he rightful freedom. L'!ll'.H~Jl.I~~a~c.
nloj.fy, the term "lIublilIlCC" i! applil'tl tn
Ihilt c1a~~ of wrlJllj.f' Ihat arise (rolll Ihe
ullrc;t~IJ1l:lhle, 1I11wilrrantallle, ur unlaw (Ill
me Ii)' a perSlIlI of his uwn llroperl)', n':"
flr persllllal, or (rorn hi!l 0\\'11 il11l'rupt'r. ill- .
decent, or unlawful penullal conducl,
w.lr"in~ nn fI"~trul.ti()n ur injury to Il right
uf allutllt'r, IIr of Ihe puhlil" 1Il1tlllruducing'
!illch mall'rilll lllllluyaTlCl', inculIvenience,
tli!lclImforl ur hurt Ihat Ihe hlW will pre.
slime a cClllsellllcllt dal11i1~(", '"
Kramer y, l'itt5ll11r~h Coal ('Ul1lllilny, .HI
I'a, ,17'J, ,\HU-.IHI, II) A.2d .1tJ2, .16.1 (1941),
.." l'llhlic nuisance is an inconvcnicnce or
lrouhlesnme uffcmc that annoys the whole
community in ~encral, aTltI nol I11l'rely
some particular perSOIl, allll produccs no
J,:re,lIer injury to one person Ihan to anoth-
er-acts Ihat arc a~ainst the well-being of
Ihe parlicular commllnit)'-and is not de.
pendent upon covenants. The difference
between a puhlic and a private nui!ance
does not depcnd upon the nature of Ihe
IhinK done but upon the question whether
it affccts the general puhlic or merely
. some private individual or individuals,
" Phillips v. Donaldson, 269 Pa,
2H, 2,16, 112 A, 2,16, 2JR (1920),
awe WI
goverl
destru
compe
a po~
clear,
nuisar
to inv
ollgh;
bly de
nuisar
I vyen
ISO, \,
[3,4] Ordinarii)', in actions to enJom
or aLatc public nuisances, equity has juris-
diclion. Bedminister Township v. Vargo
Dragway, Inc., 43-1 I'a. 100, 253 A,2d 659
(1969); Commonwealth v, Soboleski, 303
I'a, 53, 15,1 A. RI)R (1931). An exception
to Ihis general rule, however, is n situation
where a statutory remedy is available,
Commonwealth v. Glen Alden Corporation,
41H Pa, 57, 210 A.2<1 256 (1965), And
herc, the Borough hilS il statutory remedy
available 10 abate public nuisances,' which,
rather Ihan preempting equity.s jurisdic-
tion, specifically reco~lIizes such juri!dic-
tion.
seCI
frel
of
"To pruhihit ami relllo\'e IIny nuisance,
inchlllillJ.: hilt lint Iimih'll II) aeculIlnl".
linn! III J.:ilrllagc :1I111 rnbhish ,lilt! Ihe
slurage nf "llill\thmctl (lr jllllkl'tl :H1lUl1lo.
hilt'!i ;lIItl to Jlrnhihit nlltl Tt'lI1tl\'C llUY
clal1gerllll'~ slrueture UIl 111lhli..- nr private
J,:fCIIIIUI.., llr III rC1luire Ihe n'lIIl1yal u(
"11)' ..Ill'll nuisance or t1allJ,:emllli Mmc-
lure Ii)' Ihe oWller nr tlf..'cul'irr of sllch
:2. HI!I.'lltlll I:!O:!lrIJ uf '1'1Il! lIurulIKh CUllt', Ad or }o'llh. 1. 1It4IH. 1',1., (ltHl:\) 1lJ.n1l. na ".1'4, t
.IO~l(j'.!(.'iI,
OROFF v, BOROUOH OF SELLERSVlLLE
.'lllt .., 1',a.('lllwllh.. aU A,::d 3:.!H
1'., 331
~rt)ulHb, in lldllUIt uf which the hlJrutl~h
may I:lHIM' the !,uue In he <<lulU', Illllll'tll-
It'd the cust thereof, tUJ.;:l,.'thcr with a
llcllI\lty of ten Ilcr cent of !'lIch l'Ulil. in
the manner IJruvhlcll lIy law fur the
collectiun of municipal daill1~, or II)' ill.:-
lion of ilssnl1lllsitl or "lilY s~'t'k rdil" hy
bill in equity," (EmI1hasi!i mldl'it)
It has been suid of this section: "Thus,
the act vests the horough with ;wthorit)' to
remove or require the removal of .\ nui~
sance or dangerolls structure. This is an
awesome authority, sitwc it empowers a
~ovcrl1lnental hody to dl'stroy or cause the
destruction of private property without
compensation. Hence, the exercise of such
n power should he con fined to cases 0 f
dear. present and cOT1tinuiuJ{ dang~r or
nuisancc. E\,cn if there is a 1lroper case
to invoke the act, the power of the hor-
ough is Broited to action which is reasona-
bly deem cd necessary to put an cml to the
nuisance or danger." I1atboro Borough v.
Ivycrest Guernsey Dairies, Inc., 79 Montg,
150,153 (1961).
[5] In its determination of whether or
not (jroff's huilding did in fact constitute a
Iluhlic nuisance, the lower court round:
U[T]he huilding, which is located at 30
Noble Street, Sel1ersvillc, to he in a di-
lapidated, deteriorating ami advllnced
state of disrepair: further, that it is an
unoccupied two-story frame structure
huHt in 1910 to he a cig"r Il0K factory
and presently used for the stOr:lgc: uf
second hand furniture, refrigerators,
freezers, tircs, and other stock in trade
tlf Mr, (iruH's lJ\1sincs~ i that its l'x-teri-
ur dlmclI!'tiulIs Ilrc tlixty fl'ct II)' ul1C hun-
dred fed i that till' cxtcriur.interiur
wnllli cnnsht uf singh' bUllnls shemhcd
U\'cr IIllell Rt\ultling: that it i!i withuut
hCllt or e1ectricit)' i that the wltll!4, many
whltluw frlll11l'!'t IllUI Imshe!'! luul the f1uur
Iiuanls an~ hrukl'II ur roucll anti hc)'oml
n'llllir ilnd lhe ruuf is kakillKi that
Illr~l' quantitie!4 of uhl cllnlllllilfil !luXCl4,
tra~h, lumhcr, pUller, hrush, harrds, anll
other cmnhustihle Illatcriill piled inside
erellte a ~eriUll~ fin' ha;,mnl, and there ill
110 fire l'xthlRllishin~ l'(luipI11C1lt; that
rL'{lllir i~ "I!fIu ncelh-d tu the fOU1lll:'tinn
ilnd tu fluor j()bt~1 hea",!! allll IJO!lt!\ Ile~
fure the hnihlil1g' com he structurally
suund i that it is Inclltctl in a rl'!iitlentia1
neiJ;"hhnrhoud, the nearest dwellinK heiuK
at 01 tlistllnce of only eig'htcl'l1 to twenty
(eet; that it is kft upen ami unattended
anti is 110t secure frol11 the easy intrusion
of children and that over the yea", chil-
oren have (rcflucntcd it," (Footnote
omitted.)
\Ve must hold that a review of the record
discloses sufficient evidence to support
these findings, \Ve must also hold that the
lower court did 110t err in determining that
II hnildinJ{' in such condition llS it (ouml
Groff's to he constitutes a puhlic nuisance
in fact, which must he abated. .)'ee Lower
Salford Township v, Colgan, 84 Montg. 51
(1963); Petition of Kriehel, 45 Berks 79
(1952),
A Ilrohlem arises in this case as to the
appropriate reHef nceded in order to abate
this nuisance. The final order of the court
hclow rC1luired removal of the building.
The court also found as n fact, Ilowever,
th:u the huilding was not heyond repair.
and there is dearly sufficient evidence in
the record to support a finding that the
huildinK i!\ repairahle, In fael, in its oral
order of Junc 30, 1971, thc lower eourt at.>
tually afforded (jroff nincty days within
which to cffect such rClmiu anll improve.
I11cnts to thc buihling- that it wuulll no
longl'r constitute n puhlic nuisance, The
luwl'r cuurt ulIllllrclltly llclcrmincd that, he~
ca\l~t' (irufr hatll10t cUII1(1lil'(1 with thi!\ ur.
tI~r, the ullly rCll!\UI1i1hlc rl'l1ll'dy wn!t tn ur-
Ik'r thl' hnilflill).{ Ilc11lo1ishctl.
16.71 t iruU argul'~ ,hat he did nut
cUlllply with tlw ordl'r to rcpair his hlliltl-
iug hecallse he wi~hcll lu n(llll':ll from tht~
filllling lllilt hi~ hllilllillg clJllstitutt.'d a (luh-
lic 1I11i~alll~c, alltl that he (,lluM lIut "1111l'al
frum the JUlie JtI, 11.71 IInler ltl'l'aUSl' it did
332 Po,
3H ATLANTIO REPORTER. 2<1 SERIES
nllt ,,:oll!ilitU!l' il (mal urder. \V... lIIust
ilf{rce that tilL' JIIIIl' .m, 11)71 urdu diel nut
meet the rCII"iremt'IlU of Pil,U.C,I'. No!!.
1516-1519 (even if the Jlarties had ilf{rcccl
10 that procedure). ,lIltl an appeal then-,
(rom woulcJ cirhl'f ha\'c betn (llliHlhl.t! or
remanded to permit the filil1l{ of excep-
tions. Si.- Community Sports, Inc. v. Oak-
land Oaks, 429 POl. .112, 2.lO A.2e1 .Jl)1
(1968) i Philadelphia v. I'rotcct-t\.!.ifc
Corporation, 3 Pa.Cmwlth. 469, 284 A..!d
158 (1971), Grolf's (ailure 10 repair his
. premi!lcs followillK the June JO, 1971 order,
therefore, docs not conclusively establish
that he cannot or will not do so, thus ne.
cessitating immediate removal of the huild.
ing.
[8J When it is det~~mi~~~hal_~J'E.~lie
n~lisance ill, faet, CXi~~~L the .courl5-!.l!QUhL
11o-t devT~'e a' r~medy harsher tl~a~Uhe_ mini:..
mum nece~sary tu properly al;ate such oni-
siU;e;(:f,-nar~l~y 'v,- Corr.lI1o~1\~ealth~ 25
Po, 503 (1855); Halbaro Borough v, Ivy-
crest. s"/,rll, Tb~ .lq'!V~r court __ here fO~lnd
that Gr2.fDJ>!!ildiru:.was repairable, ftn<~ it
should not have suhselluently ordered t~c
Iluihling demolished without makingn fur-
tllI:r.Ael~rl11in~tioll thaI Groff coul<l not ur
wouhJ not ahate Iht' nuisance throu~h re-
pair!,
\Ve. tht'rdore, affirm the lower .:nurt's
fimli.11{ that (;rolf'! huihlilll{ Cnrl!ltitlltu a
Iltlhlic lIui!'ialll't', 11111 \\'l' val'uh' 1111: IUWN
cuurt'! tlrtler /llltl rl'm;ultl the record III
tlmt l'uurt fur the pllrl'use IIf t1e\'isill~ l\
mure ill'l)rt)llfliUI' rCllll'lIy,
L'ONL'lJlmINI; ANIl IlISSENT-
IN(; OPINION
1~(}(jEf~S, Jud~e (l'lIllcurri!l~ lillll dis.
setHillJ{L
I wnCHr ill the Illajorlly's l'1lI1l'hl"litlll
that Ilw rel'tlnl .'iuppllrtol Ihe 10\\'l'r cuurt's
findill): 111+It thc appdlant's ltuihlillJ: i.. a
I'uhlir IIl1isillll:l', I n,'.'illect full)' 11i'i'iCllt
rrom thC' llIi1jority's ;\l'tillll rcmandillJ.:' thc
m;llter fur an unlcr ,Ii rrerent (rom that
nJ:llit' hy the court "elow,
COIIMI
Sh
I )uril1J.: the first series of heariTlK:i hclow
till' "1llll'l1ant (ollcedell that hi!i huihlinl{ re-
flllirc:tl rt'pairs and testHiel! that he was
willillt.:' to make slIch, lie even called a
witl1t~ss to Il'stir), us to what was needed to
restore the builtlillJ{ to a reasonably safe
condition, The trial judg-e then sllKg'ested
that hl' should make an order arrording the
appellant ninety (lJO) daY5 to undertake
such work, s\l~gestin~ from the In'nch that
this time limitation rniKht he extended upon
request, The parties a~rl'cd to this dispo-
sition of Ihe case, The trial judge then
dictated an order from the bench and the
appellant and his counsel expressly assent-
ed to its tcrms. This occurn'd on l\t"ay J,
1971,
MON
Ac'
selected
join al
Practic.
with rc
he nnd,
The C
held th.
Law at
cause I
ehallen
matter
all tenl
Rather than do any work on the Imilding
or ask ror an eXhmsion or time, the appel-
lant filed all appeal to the Commonwealth
COllrt. This was tater withdrawn,
Further hearings were conducted by the
COtlrt he low, An adjudication nisi was en-
t{'rc~d on June In, 1972 requirinl{ the appel-
lant to remuve the huildinl{ within ten (10)
clays. After cl<ccptions filed. the decree
l1isi wa!ll clllen'd a! a. final decree on Ja"1I-
:try 19, 197,', one year and ei):ht month5
ahl'r the cnurt's first ord~r cntl'red hy
OIKrccm~l1ll)f th~ partiu,
III my "piniun il W;l!\ 110 ubuse or the
l'llIHt'!t t1i'il'rt:tiulI ill JUIH~ 1')7."! iwd Janu:lry
1I1i,' In order tlw IIPllcllilllt to r~lI1o\'e a
hlliltlillt{ which he had aJ.{rcctl, hut faill'd,
III n'Pilir in ~lay ur 11)71. I rurthcr IlUtl'
that till' llPllclllUlt'!t hrid un this appeal
l11akt's 11(1 IIIl'lllioll wlmtsocver of it dC!lire
or intl'l1tilJll III repair hi!l huildil1t{, If he i!
IlJ In' J.{ivcII a (mlhl'r oppurtunity tu cfo !IU,
it 'ihlllllcl l'OIllC nul frol11 1I!i hilt rrum the
cuurt helo\\' whidl has the jlOWl'r to modify
il~ licnee i( clJllily n'quires it.
Clllestt'1
!\ucinlo
2. Tnl
3. Tn
I.
Unfai
Protei
1'122(:
! '151
201-1
201-6
IVII.KI:-;SO:-; "",I ~IENL'Ell. Jj,. join
in (hi~ ('ul\l'\1rril1~ awl I >issl'ntiut{ ()Jliniull.
April 28, 1998
,
1\;'\\/:
, "II I II d I:, '
\\1\ "-, I~\II\\\I
The Honorable Kevin A, Hess
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
!INCElllIl8
)211 Nurth I'ronl 511"'1
1',0. Ill" 5JlXl
lI.lrrlsburg. I'A 1711lJ.O.JlXl
717,2)K,K1K7
F." 717,2.1-1,9-178
Re: Lower Allen Township v. Flonmce Wlllier
No. 96-6146 Equity 1996
12>4 \\bt KinH Stl\.'C:
Shipp,,"sburg. I'A I72S7
717,5)(\,7515
1'.1>: 717,5Jl)'(}7J.1
Dear Judge Hess:
After a review of Defendant's Motion for Continuance Based on MedIcal Reasons, please be
advised that Lower Allen Township does not oppose Ihis request for continuance.
However, Lower Allen Township would ask that this matter be rescheduled for your discovery
sanctions court for the next available listing of June 4, 1998 in the afternoon,
Very truly yours,
METZGER WICKERSHAM KNAUSS & ERB, P,C.
~
I .r
I ""-f,.i'-./
Steven p, Miner
SPM:ns
cc: Florence Willier
Lower Allen Township
Aun: John M, Eby, Codes Official
l'hri~li.lll S, I:rb, Ir.
1~lllx'rll:. Ydll'r
,.II1W.. F C.HI
I{.,l't'rl I'. I{l'\'"
hl\\'.mll:.~n.lu.....I\'.
11't\'1.I1..lIod.
K.ul It llild,lhr.llld'
IUd1.lrd n. On-by
Sl,'noll I'. ~lillt'r
CI.nl..llt.\','n'
1{.lmllll.l('.t'.II.ll,li
"Hw,ll','Tlrfi,\/mln,/
"~l/ Lla',,'i.I,~II'\jk1j
l'IIIJw'.\.llk"ul/\IlI,t
"'/'kll:\,/11\l'."
: EN T~~ COURT OF COMMON PLEAS
lOWER AllEN TOWNSHIP : UM8 lAND COUNTY, PENNSYLVANIA
:
Plaintiff : CIVIL ACTION- EQUITY
:
v. : NO. 96-6146 Tf..1lM 1996
FL01lENa 1l. WIlLIE1l :
PAO Se :
Defe.ndant .
.
:
.
.
DEFENDANTS ANSWE1lS TO ~lAINTIFFS
CIVIL ACTION-EQUITY ND. 96-6146
" 9U1lY T1lIAl DEMANDED"
Defendant, Floltence Willielt, a lteAident of Malt~land, aM4welt4 tAe
co.plaint a4 '0110w4 :
!. Ad.itted.
2. Ad.itted.
J. Ad.itted and Denied. DefenJant,
.
tAe o.nelt of tAe pltopeltt~ at' IJ88 lowtAelt
Floltence Willielt, wa4 anJ i4,
RoaJ, lowelt Allen Town4Aip
,
Cu.beltLanJ Count~, ~enn4~lvania.
\
AJ.itteJ anJ DenieJ, to Plaintiff 4tatC!.Ment Quote: At all ti.eA Itelev-
ant Aelteto . Plaintiff fail to 4tate a date tAat i4 Itelevant Aelteto ,
40 DefenJant can an4111e.A tAe '{ue4tion pltopeltl~ , anJ clealtl~ to know ,
wAat ti.e i4 con4iJelteJ Itelevant.
4. DenieJ. DefenJant , lee14 ~laintill faileJ to 4tate a plteci4e,
ti.e in tAe pa44eJ, anJ feel a date i4 neeJeJ to full~ an4welt Plaintiff
'{ue4tion , witAout ~laintill 4tatin~ a plteCi4e Jate, tAi4 '{ueAtion i4 ,
40 bltoaJ tAat it i4 Jefective in natulte. DefenJant can an4welt tAat I
wa4 nevelt ne~li~ent, anJ maintaineJ tAe pltC!.Mi4eA in 4ucA a .annelt to con-
4titute a Public Nui4ance, pelt 4e, anJ a iMMinent and iltltepaltable Jan~elt
and Aalaltd, to Public HealtA, 4alet~, and welfalte of tAe 4ultltounJin~ ne-
i,A60.Aood, and co..unit~ in D~/~ndant opinion, tAiA a60v~ .~ntion-
~d, aA.a~ 01 p.06L~A, waA cauA~d 6~ tA~ 'laintill and tA~ l.i~ InAu.anc~
lxcAan,~-In4u.anc~ co.pan~-l.i~ InAu.anc~ ~.oup.
5. D~ni~d, A,ain 'Laintill lail to Atat~ a Ap~cilic ti.~, and D~-
'~ndant4 DlMAND th~~ do 40. D~ni~d. TA~ p.~Mi4~4 Aav~ not 6~~n .ain
-tain~d and ~~pt in 4ucA a .ann~. aA to con4titut~, a 4~.ioUA hala.d, to
tA~ h~aLtA and 4a/~t~ 01 th~ D~/~nJant, and tA~ pu6lic 6~cauA~ it i4 in ,
an un4anita.~ and d~!.apidat~d condition. 'Laintill'lail~d to cond~n tA~,
p.~.i4~4 , and p.ot~ct th~ D~/~ndant4 h~aLtA and ~h~ pu6Lic 4a/~t~, a,ain
Plaintill and l.i~ InAu.anc~ Co.pan~ , ~tc., w~.~ at lauLt in c.~atint tAi4
4ituation You 60tA .~anin, 'Laintill and l.i~ In4u.anc~ w~.~ awaA~ 01
tA~4~ condition4 , in Lat~ Oct06~A ]1, 199*, and 'Laintill couLd of con-
d~n~d th~ p.~Mi4~4, o. 6.ou,ht 4uit a,ain4t l.i~ In4u.anc~ COMPANY TO
,
CO'RfllCT TNt. ''R08UMS.,AS I NAD NOMtoUlNl'ilS INSUflANCl TNl TOP OF TNlLINl.
At know ti.~ wa4 d~/~ndant n~,Li,~nt.
6. Ad.itt~d in pa.t, D~ni~d in pa.t. D~f~ndant ha4 no contAoL 01 ,
01 th~ nU.~.OU4 o.dinanc~ vioLationA, and in fact ha4 paid hundA~d4 01
doLLaA4 to th~ Di4t.ict gUAtic~, and Aad Aad A~v~.aL A'ilRlST WARRANTS ISS-
UlD, 8lCAUSl OF 'lAINTIFF .FOR OflDINANCl VIOLATIONS, ON A 8IOLOr;ICAl UlAS-
Tl SITl . 'LAINTIFF FAIUD TO COND[jIJN TNl P'R[jIJISlS, IN NINlTTlN NINlTY FOUR
OR FIll SUIT' , A~AINST lRIl WNO WAS TNl INSUfllR OF TNl 1''RlAISlS.
7. Ad.itt~d and D~ni~d. D~I~ndant ad.ittA, tA~ p.~iA~4 iA unlit '0.
NUMan Na6itation, 6~cau4~ 'Laintill laiL~d to do th~i. j06 cO.A~ctL~, and
hi~d to inILu~nc~ l.i~ InAu.anc~ , and D~/~nlant., 10..~A Atto.n~~A 6~ t~LL-
in, th~ th~ hOUA~ waA 6uiLt w.on" and it waA contaMinat~d with MICflOOfl -
~ANIJMS, 6~/o.~ th~ ganua.~ 28, 199* ~v~nt..
a. D~ni~d. D~/~ndant Aa4 6~~n cha.,~ and Aa4 paid th~ DiAt.ict gU4t-
ic~, '0. ,.a44 and .~~d cuttin,
(02 )
a. Defendant wa~ned PLaintiff, that not onlV the p~~iAeA we~e RioLo~i-
cLLV ContaMinated, 6ut the Aoil outAide waA alAo ContaMinated, thuA PLain-
till Aent Ao.~one to cut the ~~aAA with lull ~nowled~e that the ~~ound waA
ContaMinated, and it pOAed a dan~e~ to the pe.Aon o~ pe~AonA HeaLth.
6. Denied. COMpLaint iA va~ue and 'ailA to Atate what iA dete~io~atin~
and on what date Plaintilf diAcove~ed thiA.
II the whole p~eMiAeA and the ~~ound iA a RIOlO~ICAl WAJTl JITl, what iA,
the weAt Aide 01 p.eMiAeA det~~io~atin~,I.om~
c. Defendant haA Lon~ .aintained and PLaintifl hnew even th~ Aide waLkA,
we~e ContaMinated. PLaintifl faiLed to p~otect the De/endant and the ~en~'
6
~~aL Pu6Lic, 6V not lVACUATIN~ , and CONO[~NIN~, and RqPIN~ the A~lA OFF,
u.ith p~ope~ wa~nin~ Ai~nA.
d. Denied. D~/endant didnot th~ow de6~iA '~OM Anow daMa~e outAide into,
va~d. PLaint ill laiLA to Atate w~at theV caLI de6.iA. Roth t.ie paid to ,
have t.e.~~ncv .epai.A and De6.iA .~ov~d , and D~/~ndant aLAo paid to hav~
" cl.~a.ll.d.
De6.iA: PlaintillA aLAo lail to Atate'a date De6.iA l.oM Anow da.a~e waA
aLLe~eLv th.own outAid~ into Va.d.
e. Denied. D~f~ndant toLd PLaintiff the p.op~.t, waA and iA a RIOlO~ICAl
WAJT[ JITt, WHICH PLAINTIFF KNt.IJ/, and FtfIlEJJ 70 ACT ON, AtiAIN JlNDINfj JOIIIl
-ONt ON TO A PROPt~T!J THAT JHOUlD HAVt RUN CONDtlllNlD, and DtFt.NDANT HAD TO
PAg THt D. fl. Cll.ftltNT FO'il TNt JlflV la., WHtN THt HOUJt JHOUlD OF Blt.N CONDl.ftIN-
UJ.
I. Ad.itt~d and DlNIEJJ. D~f~ndant a~.~~A th~ lIIic.oo.~aniA.A p.~A~nt in-
Aid~ th~ p.~iA~ did and do~ pOA~ a Ai~nilicant Health Ha1a.d to De/end-
ant and dau~ht~.. PLaintiff knew thiA aA .efLected in thei. liLe, aLon~ '
with l.i~ InAu.anc~ , 6ut faiLed to act, to o.de~ a evactuation and cond~n
th~ p.~iA~. PLaintiff A laiL to Atat~ what lIIic~oo.~aniA.A a.~ p~~Aent in
-Aid~ the p.~iA~A , and what ~nTo- o~ .epo~tA th~v a.~ ~1l.1vin~ on anJ what
fO] )
dat~ 'laintil14 b~~a.~ awa~~ th~ p~e.i4~4 had ~i~~00~gani4.4.
9' O~ni~d. 'laintill lail4 to 4tat~ what ~ondition4 violat~ 4~~tion 7~,
.02 01 th~ cod~ 0~dinanc~4 01 low~~ All~n Town4hip, 1985. O~/endant d~
-.and4 a cop~ 01 thi4 cod~, and th~ condition4 with a d~4C~iption that ,
'laintill i4 appl~ing th~ violation to 4~ction 7~5.02.
M. O~ni~d. '~op~~t~ tax ha4 b~~n paid on thi4 p~op~~t~, and that i4 not
a abandon~d v~hicl~, and th~ ca~ i4 in th~ d~iv~wa~, and i4 p~~40nal p~o
-p~~t~ which wa4 to und~~ go ~~4to~ation and i4 not in violation 01 an~
~od~, and i4 not a n~tin~ pla~~ lo~ va~iOU4 ani.al4that i4 a .ino~ p~o-
bl~ in thi4 4ituation. To .ov~ the v~hicle now, would be ~~di~uLou4, it
th~ p~~i4~4 i4 a 8IOlO~ICAl WASTt SITt.
i. D~nied. O~/~ndant ha4 not ~~4id~J at p~emi4~4 4ince ganua~~ 09, 199"
and ha4 not ~~n~~at~d an~ t~a4h, junk, and t~e~ limb4, and paid 0.9. Cle-
m~nt lo~ cL~an up 01 thi4 v~.~ i44ue, and c04t. Plaintifl4 'aiL to de4c~-
ib~ what t~p~ 01 t.a4h , and junk, Plaintilf i4 .ef~.~in~ to, and t.~~ ,
Li.b4 and whe.~ a.~ th~ va.iOU4 thi~~ 4catt~.~d, if it wa4 cL~an~d up ,
how a.~ th~~ 4catte.~d on p.~i4~. What dat~ did PLaintifl di4cove.~d
them.
j. O~ni~d. O~/~ndant ha4 n~ve~ u4~d boat lo~ 4to~a~~ 01 junk. PLaint-
iff faiL to 4tat~ a date wh~n thi4 wa4 li.~t di4cov~.ed, and d~4c~i6e ,
what ~ou .ean b~ junk.
k. AJmitt~d. Ou~ to PLaintiff faiLu~e to Cond~n th~ p.~i4~ wh~n PLain-
tiff fi~4t L~a.n~d 1.0. O~f~ndant in Octobe. 199~, and I~o. 0~/~ndant4 ,
Atto.n~~, ~Laintifl cont.i6uted aLon~ with t~ie In4u.anc~ Co.pan~ who ,
~Laintill infLu~nc~d with va.iOU4 inlo...tion, and co..ent4 heLp~d infL-
u~nc~ t.i~ to buiLd a d~f~n4~ whi~h wa4 on~ 01 th~ caU4~4 t.ie wouLd not
pa~ '0. th~ INTtnIon OF TRt ROaSt. PLaintiff 'aiLed to fil~ 4uit with ,
in th~ two ~~a~ 4tatute of Limitation4, 04 O~/eodant had 'ull (n~u.qnc~ ,
( O~ J
"
[ov~~a~~ , th~~~fo~~ th~ Plaintiff &hould 6e &uin~ tRIl INSUR~NCt [O~-
P~NY., ~S Def~ndant dOe& nof owe the Plaintiff anvthin~, a& t~~ O~fend-
ant did not cau&e th~ incident, which lead to th~ RIOlO~I[~llY [ONT~~IN-
~TtD BUIlDlN~, UNFIT FOR HUltAN H~RIT~T/lJN ..
8. ~.itt~d and Denied. Plaintiff i4 awa~~ Defendant cannot Me4ide in
the p~~i&e4 and Plaintiff ha4 kno.n thi4 &ince OcfoheM 199~. Defendant
wa4 Melocated ~anuaMV 09, 1995, 6a4ed on a ce~tificate 6, OM.latheMine ,
8ak~M ~icM06iolo~i&t p h 0., that the p~e.i4e4 wa& un4afe to live in
and that the hou&e wa& too 6ad to 6~ ~epaiMed and &hould 6e ~UTTtD. That
wa4 6a&ed on heM in&pection of the P~~i&~4. Defendent, i4 a.a~ed that ,
Plaintiff would &tate that Defendant &hould not 6e pe~.itted to Me4ide
in the pMe.i&e4 until the ti.e the p~~i&e4 i4 cleaned, fu.i~ated, and ,
MepaiMed. Plaintiff fail& to &ag .hat condition4 a~e in the pM~i4e4 ,
9nd an what date did Plaintiff know thi& deci4ion, and .hat i4 it 6a&ed
an. Defendant .aintain4, that thi4 te?ue4f ca.e4 oveM t.o veaM4 too ,
late. Plaintiff aMe a.aM~ and have 4pok~ to tMie In4uMance etc.. Witne44
Bill RO&4na~el, who in4pected the pM~i&e4, on Oct. 29, and 30tA., 1995,
and Aad indepth conveM&ation4 .ith Ai., and tMie. Plaintiff kno.4 that,
the pM~i4~4 cannot 6e fu.i~ated and MepaiM,d.
9. Denied. Defendant ha4 not failed OM Me/u4ed to a6ate the nui4ance,
and denie4 it wa4 cMeated 6V tAe Defendant, 6ut 6e~an 6, a act of NatuMe
WhiCh Defendant ha4 no cont~ol oveM. De/endant had 'ull No.eo.neM coveM-
a~e, and to date ha& 104t eveMvthin~.
10. Denied. DCFlND~NTS ~CTS DID NOT C/llA'/E TNIS SITI/~TION. PlainHII ,
act& and conduct contMi6uted, alon~ with l~ie In&uMance , to CMeate the
(05)
paAt and p.eAent Aituation. Plaintiff ~ad ade?uate Remedv 01 law, hut
'ailed to U4e t~eM, a4 Defendant pnew ahout t~e dan~e.ouA conditionA ,
t~at waA not c.eated hV De/endant, hut hV ~.ie InAu.ance and thei. ,
lailu.e to .epai. t~e p.e.IAe4. Plaintifl could of filed a complaint ,
in Novenbe. 01 94, kno.in~.the p.e~i4eA waA contaminated and unAa/e fo.
Human Habitation. In4tead t~e applicahle Atatute of limitation4 expi.ed
and Plaintilf4 a140 'ailed to condemn the hou4e, knowin~ the dan~eAou4 ,
condition4 exi4ted, and we.e not cAeated b~ Defendant.
II. Denied. Plaintiff ~ave thei. 4eJf to 61ame , fOA not info.cin~ theiA
own 9.dinance , in 1994, and Ahould ~ave looked to tAe p.ope. paAtV' t.ie
InAu.ance, '0. .ecove.v '0. the Inju.v OA Da.a~e4 w~icA Plaintifl 'ailed
to de4c.ibed and to t~e. 4eLveA, bV concealin~ t~e pAe.i4e4 we.e con-
taminated, aLon~ with t.ie, which wa4 cauAed bV a act of natu.e, and the
wate. ente.in~ t~e p.eMi4eA and l.ieA failu.e to AepaiA tAe inteAio., etc..
12. Denied. Plaintiff wilL not 4uffe. a i..epa.abLe Aa.M, da.a~e, and ,
iniu.~, hut in tact Defendant have AufleAed above, becau4e Plaintiff con-
duct, and Lack of a p.ofeAAionaL lack of conduct, and in Defendant opinion
due iA a CONFliCT OF INTt'RlST, R1.71J/lf.N PLaintiff and t.ie IIlAuance.The-
Ae '0. PLaint ill .e?ue4t AhouLd be DENltD and De/endant AAouLd be heLd ,
ha..LeAA.
IJ. Denied. It iA the Defendant w~o 4ul'e.ed inju.v and da.a~eA etc. ,
becau4e 01 Plaintiff A conduct. Defendant wiLL be 76 vea.4 oLd in $anua.v.
I am honeleAA , .V pe.AonaL beLon~in~, .V hone, and live on a fixed in-
COMe, etc. I have no 4avin~4, I had Ae.iouA heaLt~ p.obLe.4. FOA PLain-
tilf to Atate , that thei. co.plaint ~.eatLv out wei~~ anv ~a.d4hip to ,
De/endant , when theV a.e a co.po.ation iA unbeJeivabL~ and it iA unt.ue
that I cauAed it. PLaintiff .ealLv cau4ed t~e Defendant tAoubLe in .V
opinion,
(06 )
WHl~lFO~l D~/~ndant a4~ thi~ Cou.t to :
a. D~nied and Di4miAA with P.~judice ~Jaintill .e~ue4t D~/endant, maintainA
itiA F.ivolou4, and Ha..a4Ain9, Plaintifl a.e awa.~ D~fendant ha4 6een un-
a6le to live in the p.~i4eA aA if. iA a RIOlO~ICAl W~STl SITl, and can not
6e cl~aned and lumi9ated, o. .~pai.ed J and imp04Ai6Je to make lit fo. Hum-
ane Ha6itation, and ~Laintifl hav~ known thiA.Aince Oct. 29, 199~..
6. PLaintilf .e~ueAt 4houLd 6e O~nied. A9ain ~Lantill iA awa.eJ Defendant,
liveA on a lixed income, and 6~ 76 vea.A oLd, !/anua.v 27th., and would not
6e a6Le to a6id~ to a Cou.t Injunction, and leel thiA .e~ueAt 6v ~Laintill
iA a clea. a6UA~ 01 the 9udicial law, and a impoAAi6Le .e~ueAtJ made in MaL-
ice in o.de. t.o cove. PLaintil1 .eaL intent. Plaintiff iA awa.e De/endant
i4 caLLed in le9al Te.mA "9ud9M~nt-~Aoof" meanin9 pAOpeAtV that iA nece-
AAa.v lOA RaAic livin9J Auch a4 foodJclothin9J and a/lowanceA '0. t~in9A J
like MedicaL Ca.eJ tAanApoAtationJ and NnHflNG cannot 6e Aei~ed 6V cAed-
itO.A. ThiA meanA VOUA adve.AaA~ cannot coLLect the AhiAt 011 VOUA 6ack.to
Aati41v a 9UD~tAlNT, no. A~ould Plaintiff 6e aLlowed to coLlect pAOpeAtV
J
taxeA, aA il the home iA in top conditionJ o. c~a.ge '0. Ae.viceA not A~ndeA
-ed
c. ~laintill Ae~ueAt Ahould 6e d~nied. Defendant, iA not a t.ained pAofeAA
-ionaL, no_ dOeA Ahe have anv 6ack9_oundJ in ~NVI~ONMENTAl and HlAlTH ISSUlS
nOA iA DefendantJ have knowl~dge o. a 6ack9.ound in the CONSTUCTION RUSINlSS.
Plaintifl iA in pOAA~AAion of on~ Vt~8Al , nad on~ W~ITT~N PLAN, MADE ON Bl-
HALF OF DlFlNDANTJ WHICH wt~t Ir.NO~f.n BY ~lAINTIFF.
d. PLaintilf, ~lnUlST SHOULD Bf. Of-NIlD. DlFf.NDANT Will NOT lXCl~T ll81llT9
J:O~ ANYONl TO ~O INTO P1l0llSlS AS STATliJ ABOVf., IT IS A 8IOLOHCAl W~STl J
SIT!, and cannot 6~ FUMI~ATlD, CltAN OR RlPAIRlO. ROTH OF OfFlNDANT lXPlRT
107)
It wa4 coveAed und~A De/endant4 No.eowneA4 In4uAanc~ hut lAie In4uAance
Aelu4e to paV' ~laintill 4aid we had to ~l'AI~ TNT. ~IC~OO~~ANIS~N, AND
'e/endant4 told the ~laintill t~eAe i4 no wav to~f.~AI~ , ~IC~OO~~ANISMNS.
THl AROVl /liAS I~'OSSIRll, AND TNl.'1 WOULD NOT CONntAN TNl NO/1St. ~lAINT1"F
TOl~ lIll INSU~ANCl AT THt ~RlSIDlNTS OFFlCl. 1 Wlll CAll YOU /IIHlN 1 CON-
DlJ1/N THt HOUSt .
l' ~laintill Ae~ue4t 4~ould he denied. 'laintill FAILS TO ~~ASP HOIII ,
nAN~t~OUS THt. RIOlO~ICAl WASTl SlTt IS. A~ain de/endant4 l~el4 t~i4 i4
to add up .0Ae C04t to the De/endant, a4 Ae.ovin~ the 011~n4iv~ OdOAA
'AO. th~ pA~iAeA, doe not addA~44 the Aeal iAAue, how to deAtAov the
~iCAooA1ani4.nA, which aAe aiA hOAn~ in natuAe,and aA~ not conlined to
th~ pA~.iAe4 in fact th~v hav~ heen found out4ide the pA~iAeA in t~~
AoiL. PLaintil1 laiL4 to Atat~ what dat~ the oll~nAiv~ OdOAA W~Ae di4-
cov~Aed, and what AUAAoundin~.
h. ~equeAt AhouLd b~ denied. A~ain thi4 Ae~u~At iA .eant to caUA~ ex-
p~nAe ta the D~/~ndant, aA a quaLified MIC~ORIOlO~lST, n~. KATNt~INt
8~~t~ Tl.STlD TNt ~~lMISlS ON OCT./J,/994, and InlNTIFlf~ THt MIC~OO~AN
-UMS, , AND SAID IT WAS UNFIT TO lIVf.. IN AT THt TIMt DtFtNDANT OCCllfJIlD
THt HOUSl NO ZOOTONlC A~tNT IIIt~l f'~lStNT ANn HAD NOTHIN~ TO DO WITH THt
CONTAMINATION. ~lAINT1FFS /liAS IN 1'OSSlSJlON OF n~. RAKt~J ~tfJO~T, ON NOV.
,
0/, 1994, hut laiL~d to vacat~ the pAe.iA~A. /II.R.~.tN~lNl.t~IN~ Inc. ,
hiAed hV lAie, aLAa haA evaLuated the p.eMiAeA . TheAe iA nothin~ ~OAe 10
evaLuat~.
i. ~e~ueAt 4houLd h~ Denied. A ~eAtoAalion Co. cannol AeAtoAe a RIOlO-
~I[Al /IIASTt SITt. ThiA iA not a 10d~icaL Ae~u~At.
j. ~Laintill Ae~UeAt Ahould he deni~d. tAie InAuAance haA nat paid lOA
the contentA in th~ hOM~. T~e.e'aA~ vaLuahL~ t~in1A in the ho.~ , To nuot~:
(09)
W. B. R. EN~INEERIN~, 11-10-9~, pa~e 28. One 10.e4eeahle p.061em i4 tAe
."...., f\ lIE ,,~
ma~ be tempted to 4ava~e 40me 01 tAe .an~ 4tatue4, 0.nament4, pAone4,Ski4
etc. in4ide tAe ~ou4e, .at~e. tAan 4anitile clean tAeM, o. 4end tAem to tAe
land lill. Removin~ them piece meal ~ill caU4e p.ohlem4 tAe dump4te.4
Aave to 6e locked ti1At eve.~ ni1At. A maio. p.ohlem ~ill 6e 10in1 th.ou~A
tAe p.ocedu.e4 to 1et a land fill to except the .ic.oh.iol01icall~ contam-
inated Aou4e Aold content4., o..l
I. PLaintifl4 .e~ue4t 4hould 6e denied. Plaintiff do not have tAe know-
led1e o. expe.ti4e to add.e44 tAi4 Cou.t to Sava1e o. di4p04e of content4
01 tAe hou4e and deMoli4A Aou4e o. I di.ect defendant to demoli4h the hou4e
~ content4. Plaintiff 4eem4 to he .epeatin~ .e~ue4t. Oelendant4 dau~Ate. ,
4poke to DER, M.. Davi4 wAo 4aid the onl~ thin~ t~al ~ou could do i4 to ,
have a cont.ol hu.n. Defendant feel4 it i4 p.eMatu.e fo. a Cou.t deci4ion
and tAe EPA 4hould he contacted ahout Ihi4 4e.ioU4 matie., a4 people4 live4
and Aealth a.e at .i4k.
m. Plaintiff4 claim 4hould he denied. Defendant i4 a4kin~ fo. a .e4t.ain
in~ O.de. A1ain4t Plaintiff 10. tAei. o~n PROTtCTION, a4 the~ donot com-
p.ehend the dan1e. in the hou4e, and 4hould 4eek the Aelp of lPA. Pla-
intiff 4hould not he autho.iled to place a lIEN A~AINST THE HOUSE and P.o-
pe.t~ o. .eim6u.4ement of 4uch c04t and expen4e4. It i4 Plaintiff and E.ie
In4u.ance tAat c.eated thi4 4ituation., Defendant i4 not .e4pon4i6lc.
n. PLaintiff4 4e~ue4t 4huuLd he denied. PLaintiff i4 not t.ained to in4pect
thi4 t~pe 01 p.ohLem to ~RANT THIS ORDER WOULD RE IN DIRECT VIOLATIONS OF
~Y "CONTITIONAl" AND "CIVIL" "RI~HTS" "illE~Al" "SEARCH" and "SE/SURE"
THERE ARE NO CRI~INAl ACTIONS INVOLVED, AND IN MY OPiNION THE PLAINTIFF,
lS ~OIN~ IN TO SURCH AfWUND. THERE ARt, THiNH OF VALUE THAT WE WOULD
HAVE TO HIRt A /lONDED PERSON Tn ~O IN , RIIT THlY DO NOT RllON~ IN M HO~E
AS ~Y RHHT TO PRIVACY lS fiUANTUn AS A CITIZEN .OF THE II.S.A.
(loJ
o. ~LaintillA lIe~ueAt Ahould he denied.
and ellie have inllicted Aevelle halldAhip on
~laintill aile awalle that the,
.e. The ~laintill have had a
VANDaTA AfiAINST Df.FlNOANT Rf.CAI1Sl OF A POlI71CAl ~'R.ORl~ INVOlVINfi (//!I
DffUfiHTf.'R.. Tn ATlOt/Nl!lS IN RAUlMORl. CANNOT Rllf.IVf. THIS IS HA~~f.N1Nfi TO
A IJ/OIMN (//'1 Afit. THl'J DO NOT HAVl. A lICf.NSl 70 'P'1MCTICl IN ~lNNS!llVANIA IF
THl'J DID THt'1 WOUlD uoa IT PRO-RONO.
I a. not a COllpollation, I had l.lIieA ReAl Polic, with >>eplac~ent value,
la. lullv covelled, and 'PLaint ill Ahould ~o to ellie /011 the .one, il f.llie doeA!
not ~ive th~ the ",one, uie iA ~uill, 0/ F1MUD, and Ahould he tlleatedl_like:
a pOOIl [iti/en that co..itted FRAUD hut have no .onev. The PLaintiflcauAed
.V p"ohLe.A with tllie, 9/tell all 'Plaintifl collect hi~h taXeA fllo. tllie
alAo [u.hellland [ounIV.,aLAo collectA TaxeA and 'Revenue, ltc.
p. Denied Defendant leelA that thiA COUllt haA a conflict of IntelleAt with
lowell ALLen , and l.lIie InAullance wAo iA located in Cu.hellland Count, lowell I
i
Allen TownAhip. And Aince De/endant iA clai.in~ f.RROR OF lAW helolle tAiA [ou~
i
[OUllt in a IIelated .attell, Defendiant iA 'lQUlJTINfi A CHANfil OF VlNUl. I
The PlainHlfA STAP!.T.f. "I ii.itaHon aile out.
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4. The Defendant, Florence R, Willier, failed to appear at the designated time for
the deposition,
5. On February 11, 1998, a Second Notice of Deposition was served on Florence
Willier to attend a deposition at the offices of Metzger, Wickersham, Knauss & Erb, P.C" on
Tuesday, March 17, 1998, This deposition notice was revised on February 18, 1998 and was
again sent to Mrs. Willier, Copies of the Second Notice of Deposition and Revised Notice are
attached hereto as Exhibit "B",
6, Defendant, Florence Willier, again failed to attend the deposition in the offices of
Metzger, Wickersham, Knauss & Erb, P,C" scheduled for March 17, 1998.
7. Defendant's failure to appear to answer Plaintiff's deposition questions
constitutes direct disobedience of the Pennsylvania Rule of Civil Procedure. Pennsylvania
Rules of Civil Procedure Nos, 4019(a)(1)(iv) and 4019(a)(1)(viii) provide, respectively, that the
Court may make an appropriate order if a party fails to appear at a deposition or fails to make
discovery.
8, By virture of Defendant's failure to comply, Plaintiff has been unable to supply
important evidence and documents essential to the proof of its case and has been prejudiced as
a result.
9, Pennsylvania Rule of Civil Procedure No, 4019(c) provides that the Court may
enter judgment by default as an appropriate sanction against the disobedient party for failure to
comply with discovery rules and orders of this Court or may address the matter with less serious
sanctions such as an order to compel discovery,
10, Pennsylvania Rule of Civil Proredure 4019(g)(1) provides that the Court may
require that a party pay reasonabl~ expenses, including attorney's fees incurred by the moving
party in obtaining an order of compliance with subsequent order of sanctions, if a order for
compliance is not obeyed.
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Exhibit A
exhibit B
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CtRTIFICAT[ OF StRVICt
I, FLonence WiLLien, Ue/endant ~no Se, hene6~ centilv that
on the 22 daV o{ ApniL 1998, I 4enved a tnue and connect copV o!,
OtFtNDANT'S mOTION FOR A CONTINUANCt OF THt ORDtR OF A~RIl 01,1998
HA RUlt IS ISSUtO ON THt OtFtNOANT TO SHOW CAUSt WHY RtlltF RtQUtSTtu
BY ~lAINTIFF SHOULD NOT Bt r,RANTtO, RUlt RtTURNABlt ON mAY 07, 1998,
AT 1:]0 ~.m., IN COURTRoom 4#, U~ON COilNStl FOR THt ~lAINTIFF'S, BY
OtPOSITINr, THt SAmt IN THt U.S. mAll, POSTAr,t ~RtPAID, ADORtSStO AS
FOllOWS:
Steven P. minen, t4?uine
met~~en, wicken4ham, Knau44 J tn6
]211 Nonth Fnont Stneet
~.O. Box 5]00#
Hanni46un~, ~enn4VLvania
17110-0]00#
Se
Dated: ApniL 22, 1998
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LOWER ALLEN TOWNSHIP,
Plaintilf
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
vs,
NO, 96-6146 fQI..,"-T l'(
FLORENCE WILLlER,
Defendant
MOTION FOR SUMMARY .JUI>GMENT
AND NOW, comes thc Plaintiff by its attorneys, Metzger, Wickersham. Knauss & Erb.
P,C" and moves your Honorable Court as follows:
J, The present action was filed in equity seeking the abatement of conditions
constituting a public nuisance, hazard to the public, and numerous violations of the Ordinances
of the Township of Lower Allen. Cumberland County, Pennsylvania,
2, The Complaint requests that your Honorable Court direct the Defendant to abate
the dangerous conditions, or alternatively grant leave to the Township to do so at the Defendant's
expense,
), The subject premises are located a: 1388 Lowther Road. Lower Allen Township,
Cumberland County, Pennsylvania, and were until January. 1995. the residence of the
Defendant.
4. The pleadings, Delendant's deposition. and expert reports disclose that there is no
genuine is~ue of material fact precluding the entry of summary judgment, and the direction by
flfJf..'IW11!1I111 JJ.'(JJ~ I
t",,\
,.
your Ilonorable Court to take those measures necessary to abate the halmdous conditions
existing in and ubout the premises.
5, In support of the present MOlion, the tilllowing exhibits lire 1I11llehed:
(II) The report of Katherine H, Baker, ph,D" dllted Jllnuury 3, 1995.
identifying the microorgllnisms within the premises as II significunt
health hazurd to the occupunts, Said report is uuached hercto us
complying with Pu,R,C.p, No, 1035,1(3) und murk cd Exhibit "A",
(b) Tht' report of W,B, Rossnugel, 1',/:" rendered pursuunt to
inspection conducted October 30. 1995, and identifying said
premises us the most microbiologicully contuminutcd house said
expert has ever seen. Said report is aUached hereto as complying
with Pa.R,C.P. No, 1035,1(3) and marked Exhibit "B",
(c) Deposition of Defendant, Florence Willier, taken August II, 1998,
wherein Defendant admits to the contuminated condition of the
premises and its unfitness for human habitution, Said deposition is
marked as Exhibit "C",
(d) Al1idavit of Put McCloskey, Code Enforcement Ol1icer for Lower
Allen Township, auaching copies of those portions of the
Township Ordinances cited as violations, together with the
changes, if any, efTected by the recodification of Township
Ordinances occurring in 1997, Said Affidavit is marked as Exhibit
liD".
6, An examination of the pleudings and the auaehed documents demonstrate that
there is no material issue of fact to be resolved before summary judgment may be entered,
7, Defendant admits thut she is the owner of the premises at 1388 Lowther Road,
Lower Allen Township. Cumberland County, Pennsylvunia, See parugraph 3 of Defendant's
Answer and pages 7.8 of Exhibit "C",
8, By admission of the Defendunt and by report of the relevant experts, the subject
premises is so contuminuted as to constitute a health hazurd, See Exhibit "A" and "B", purugraph
7 of the Defendant's Answer, and puges 9, 28, 30-31, 33-39 and 48.49 of Exhibit "C",
. 2 .
DVf."llmt'ntN,I-I!(jJ",/
/,
~
9, The photographs contained in Exhibit "B" attached hereto demonstrate the
accumulation of trash around the house of said premises and the other violations of the Township
Ordinances cited in the Complaint.
I O. The pleadings and the attached exhibits demonstrate the danger to the public
posed by the hazardous conditions sought to be abated by the Plaintiff.
II, Defendant has stated that she has neither the means to abate the dangerous
conditions on said premises (page 47 of Exhibit "C") nor will she voluntarily permit the
Township to enter onto the prcmises to abate said conditions (page 50 of Exhibit "C").
12, The analysis of W,B. Rossnagcl attached hereto as Exhibit "B" demonstrates that
demolition of the house on said premises and disposal of the contents thereof is the safest and
most inexpensive means of abating the conditions on said premises, See page 37 of Exhibit "B",
WHEREFORE, Plaintiff respectfully moves your Honorable Court for summary
judgment and the grant of leave to PlaintilT, its agents, servants or contractors, to abate the
hazardous conditions and Ordinance violations on said premises. and to recover the cost thereof
from the Defendant.
Attorney for Plaintifi'
Dated: \~.\C\-'\?,
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EXHIBIT A
.. -....
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Environmental Micr"biology
Associates, Inc.
.
.
"
Phn.." .
Jamuary 3, 1995
fi1ll .
Fa. .
to Whom It May Concern:
I examined the residence of Floro.nce Hill.1.r, 1388
LowtheZ' Road, Camp Hill, PA. on October 13.1. 1994 ~
determine it microorganisms were present which might pose a
health hazard to occupants of the house. ~urface samples tor
mIcrobIological analysis were taken at this time. In
addition, macroscopically visible growths of fungi were
detected in the kitchen, bothroom and laundry areas where
water damage had previously occu~red.
My analysis indicated that the fullowing fungI were present I
A8p.rgl~~us sp.
~.n.1ci~~ium sp.
C~ado8porium 6p.
Stachybot:rys (eentat lve ID)
~richo8porlum sp.
These fungi are conunonly found J.n areas where the presence of
water or high humidity allows for their growth. While many
of these organisms are common i~ a variety of environments,
their presence, especially in h\qh numbers can pose a health
hazerd. Macroscopically visible growth of fungi indicates
the presence of extremely high numbers of organisms.
Particularly important is the presence of Asperg1llus and
Cladospor1um since these organisms are associated with
allergic reactions and infections in ausceptible people.
I am not a physician, nor am I familiar with the medical
history of eJ ther of the occupnnts of the house. lIowever, in
my opinion as a microbiologist, prolonged exposure to these
microorganisms csn pose a aignificant health hazard to the
occupants. On this basis, I would recommend that they not
" continue to live in the house.
Sincerely
~
Katherine H. Saker, Ph.D.
President, Environmental MicrobiOlogy Associates, Inc.
t' J /.' 20(11 N. Front SI, Building 1. Suite 217 Harrisburg, PA 17102
./Cl/:'I..,f!l",f' (717)238-7930 Fax (717)238-7931
11'Ii"" l,(,iAilvt'.i<.,1
by ])IU:/~IVe-- /JJ/lSI.I: II"
PLAINTIFF'S
EXHIBIT
.
,
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EXHIBIT B
~
"1
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TABLE OF CONTENTS
PaGe
~. INTRODUCTION.
History. . .
Map. . .
Floor Plan
Photos . .
. .
3
5
9
10
11-21
. . .
. .
. .
. .
. . . .
.
II. RESULTS. CONCLUSIONS & RECOKHENDATIONS.
. . . . . .
22
A. Visual and Sensual Observations
B. Test results
III.
DESCRIPTION OP TEST . . . .
. . . . . . , . . . . . .
38
IV.
DATA SHEETS
. . . . .
. . .
. . . . . . . . . . . . .
39
Events Logs
Chain-ot-Custody Forms
Lab Report
A'1"l'ACIDIEH'!'S
1. Environmental Microbiology Assoc. Report
2. 10/23/94 Newspaper article
3. Bill Dou~las letter ot 2/8/95
APPENDIX
Sanitized Cleaniny Procedure #640 Rev. B
PR401/Resume
Courier-Post article
2
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I.
INTRODUCTION
Ms. Darlene Masiello initially contacted Bill Rossnayel,
P.E., President of W.B.R. ENGINEERING INC.., in October 1994 to
inspect the home owned by her mother, (Ms. ~lorence Wil1ier) at.
1388 Lowther Road
Camp Hill, PA 17011
The now vacant house is actually in Lower Allen Twp.
'l'be purpose of this inspection/testing vas to deter.ine the
environaental/health risks in the stor_vater da.aged house - and
to provide a reco..eadatioa as to whether the house I
. is safe to live in, in its p~esent condition
or
. can be sanitized cleaned and repaired
or
. should be demolished.
Bill Rossnagel agreed to provide an experienced, objective and
independent appraisal of the situation - and to render an opinion
as to the contributing factors causing the prolonged and untenable
conditions in this house.
pill Rossnagel has over 26 years experience in conducting air
pOllution/contamination tests. He was the founder and president
for 16 years of ROSSNAGEL & ASSOCIATES, which was the lar~est air
testing firm in New Jersey. His firms have issued over 26,000
test re~orts in 24 years. He has 50 ~ublished articles on
environmental problems. He presented 2 papers on IAQ (Indoor Air
Quality) at the INDOOR ENVIRONMENTAL '94 Conference in Washington,
DC. In November 1994, he provided testimony at the OSHA (Occupa-
tional Safety & Health Administration) ~ublic hearings on Indoor
Air Quality (IAQ) in Washin~ton, DC. Bill Rossnagel has been a
licensed Professional Engineer for over 30 years. He provided 3
days of IAQ (Indoor Air Quality) expert testimony in court in
Houston in March and San Francisco in May 1995.
The 1 story wood frame house has gas hot air heat, and VdS
built over a concrete slab. An addition had been added in the
back.
.
W.B.R. ENGINEERING INC. is the present engineering
conSUlting firm of W. B. Rossnagel, P.E. who, after
16 years as president, sold his former firm, ROSS-
NAGEL & ASSOCIATES, in 1986. Now, after nine years,
both firms are again operating from an office at 61
Hornblower Drive, Waretown, NJ 08758, (609)242-0330.
J
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3/20/95 Phone call with Ms. Masiello.
3/24/95 Phone call with Ms. Masiello.
3/27/95 Phone call with Ms. Masiello.
3/30/95 Phone call with Jerry Goodling.
3/30/95 Phone call with Ms.-Masiello, in which the test was
set for 4/07/95.
3/30/95
3/30/95
3/31/95
4/03/95
4/04/95
4/04/95
4/07/95
4./11/95
4/12/95
4/13/95
4/13/95
4/15/95
4/17/95
4/21/95
4/21/95
5/09/95
5/12/95
5/12/95
W.B.R. calls Lt. Carl Meiss of Lower Allen Twp. POlice,
and John Eby, Lower Allen Tw~. Construction Official.
W.B.R. calls Peter Gearhart of Pa. Dept. of Health.
Letter from Jerry Goodling.
Ms. Masiello calls to cancel test set for 4/07/95.
W.B.R. calls Lt. Meiss, John Eby (Conetruction
Official), Peter Gearhart & Jerry Goodling to say
4/07/95 test has been cancelled.
Phone call from Ms. Masiello.
Letter from Jerry Goodling to Ms. Willier suggesting
she contact W.B.R. ENGINEERING INC.
Phone call from Ms. Masiello.
W.B.R. letter to Ms. Masiello.
W.B.R. calls Jerry Goodling.
W.B.R. calls Ms. Masiello. Leaves message.
W.B.R. calls Ms. Masiello. Leaves message.
W.B.R. calls Ms. Masiello. Leaves message.
W.B.R. sends letter to Ms. Masiello.
W.B.R. sends note to Ms. Willier & Ms. Masiello.
Ms. Willier calls back. This was a most difficult
phone call.
Bill Russell of Construction Office calls. He had
inspected house in Fall of '94, and wanted to know
when test would be done.
Jerry Goodliny calls.
7
5/14/95
5/15/95
. 5/20/95
5/25/95
5/25/95
5/31/95
6/06/95
6/09/95
7111/95
7/21/95
7/24/95
7/24/95
9/12/95
10/11/95
10/27/95
10/30/95
-." ,-,
Ms. ~.siello asks W.B.R. to call ner tomorrow.
W.B.R. calls Ms. Masiello and explains about
microbiological tests on dog feceD. We set
5/22/95 for test.
W.B.R. calls Ms. Masiello to finalize test for
5/22/95. Test is cancelled reportedly because
Ms. Willier objected to testing inside the house.
She asks W.B.R. to ~all Jerry Goodling.
W.B.R. calls Jerry Goodling. He is on vacation.
W.B.R. speaks on phone with Ms. Willier and Ms.
Masiello.
Ms. Masiello reported no one has been in the house
since 1/9/95 when her "eyes burned" as ehe opened
the door. She stated that only exterior repairs
were made to the house.
Ms. Masiello and her mother have been staying in a
motel paid for by Erie Insurance since 1/9/95.
Jerry Goodling calls.
Jerry Goodling calls.
W.B.R. letter to Ms. Wi1lier and Ms. Masiello to
help clarify inside house testiny.
W.B.R. letter to Ms. Wi1lier and Ms. Masiello.
W.B.R. letter to Ms. Wi1lier and Ms. MasiellO.
Court order letter.
Donald Kaufman, Atty., letter stating court papers
had been filed for the inspection/testing.
Don Kaufman told Bill Rossnagel they had obtaineG a
court order for the inspection and testin~ in the
house.
Ms. Charmaine O'Hara, an assistant to Don Kaufman,
calls to state the court has set Monday, 10/30/95
for the test to be done.
W.B.R. has confirming phone calls with Ms. Charmaine
O'Hara.
Test is made.
Erie Insurance Inc. reported it has paid $20,000 to date for
cleanup and repairs to the house. A new replacement rag! was
installed in the Summer of 1994. Erie Insurance has ~aid for both
ladies to'iive ill i1 motel since Jan. 1995.
8
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II.
RESULTS. CONCLUSIONS & RECOMMENDATIONS
RESULTS.
A. Visual and Sensual Observations
When Bill Rossnayel entered the house at 9.15 AM on
10/30/95, in a full disposable suit and hood, he immediately
sensed a very high relative humidity level and a strong mold
odor. Bill had a special respirator around his neck - but he
did not use it at anytime while in the house.
The single floor house was extremely cluttered. In the
living room were skis, many Christmas ornaments, an artifi-
cial fireplace, piled up clothing, household furnishinys,
lamps, etc. plUS a piano, couch, chair. tables, etc. - and 3
partially full soda cans (See photos).
In the kitchen, the mold odor was stronger because there
was evidence the room had not been cleaned for a while when
its occupants left in January 1995. There were dishes and
utensil pans on the floor. There was a 30 sq. ft. area where
the kitchen ceiling was missing, exposing the wood joists.
The sink was full of unwashed dishes and the counter had many
unwashed utensils on it (See Photo #11). When Bill opened
the large 2 door refrigerator/freezer (See Photo #9), its
crowded shelves of food were all black with severe mold
qrowth. Electric power had been off in~ house for-over 9
months. When he opened the doors to the refrigerator/freezer,
the stench ~ overwhelminqlv bad.
Bill then went through the cluttered hall to the
bedrooms. There were all kinds of boxes, clothing,
furnishings, etc. in the passageway. All the surfaces
were damp.
Bill tried to open the door to the front bedroom. It was
partially blocked - but he forced it open 20" and found the
entire ~ was filled 3'-4' hi~h, right up to the door, with
Clothing. He could not get into the room (See Photo #13).
Bill felt the top of the clothes he could reach. They were
damp. Wondering why the clothes were damp in a closed room so
far from the kitchen ceiling stormwater leak, Bill reached 12"
lower in the pile and extended his arm well into those
clothes. They were also damp. Bill wondered why the clothes
so deep in the pile were damp - so he checked at arm's len~th
at 24" deep in the pile. All the clothes he touched were
damp.
22
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He then tried to enter the corner bedroom. It was
locked with a formal flush brass 2" diameter lock. Bill
tried to force it open, but the lock apparently had a "dead
bolt". Bill went outside to ask Ms. Hillier and Ms. Masiello
if they had a key for that room. Ms. Wil1ier said that was
her bedroom - and she said she didn't know it was locked.
Neither lady had a~y~t~room. ---- -- ---
Bill re-entered the house and went into the side bed-
room. The side bedroom was also extremely cluttered, as
shown in Photo #12. The furnishings were 2-3' high in the
entire room. Bill moved a lot of clothes, boxes, furnish-
ings, etc. to make a 6" wide path to 90 near the window. All
the drawers in the bureau on the right were pulled out and
were overflowing with damp clothing. The unmade bed was also
damp. There was extensive moisture condensation on the
inside of the window glass. The tables, the window sill, the
2 bureau tops, etc. were all dam~. There was a partially
full bottle of Perrier Water on the right bu~eau. Bill was
only able to partially open the closet door behind the
entrance door. It was packed with clothes. The mold odor
in this room was severe.
Bill then tried to open the louvered doors to the
hallway closet - but was unable to do so because that vortion
of the hallway was nearly filled with blankets, Clothing, and
some kind of a heavy table, etc.
The bathroom floor was in a deteriorated condition.
The toilet was unflushed.
Bill then went out of the house to ask Ms. Willier and
Ms. Masiello how to get into the large, rear room. They told
him the door to that rear room was in the bathroom - but Bill
told theM that door also had a formal brass 2" diameter heavy
duty lock. Bill tried to force it open - but it would not
move. The ladies said they did not have a key to that door -
so there was no access to the large, rear recreation room.
NOTE: THE COURT ORDER STATED ACCESS
WAS TO BE PROVIDED TO THE IN-
SIDE OF THE HOUSE (meaniny
access to all the rooms) FROM
9-12 AM. HOWEVER, 2 ROOMS
WERE LOCKED AND INACCESSIBLE
AND IN 1 THE DOORWAY WAS
PARTIALLY BLOCKED AND THE
ROOM COULD ONLY BE SEEN FROM
THE HALL DOORWAY (SEE PHOTO
#13).
23
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Bill took 10 ~hotographs inside the unlit house.
All the drapes in the house were also dam~. Bill wae
unable to confirm if the wood floors were buckled because
over 60% of the floors were covered with either furniture,
boxes, debris, etc.
Dill estimates the house had over 3 times the volume of
furnishings (virtually all damp) that one would expect in a 1
bath, 3 bedroom house.
Bill took some Relative Humidity (R.H.) Readings. The
outside R.H. was 48%. The livin~ room's R.H. was 56%. The
side bedroom's R.H. was 68%.
In the corner of the kitchen, alongside and behind the
refrigerator/freezer, there was visible, black mold (up to 1"
wide) from the floor to a height of 32" (See Photo .10). In
a high humidity house, mold tends to grow in the warmest area
- and the refrigerator/freezer fan dischar~es warm air out of
its back and/or side. One can't help but wonder why this
mold in the kitchen wasn't cleaned as soon as it was visible
in 1994. It could be easily seen because there was a 4"
space between the wall and the refrigerator/freezer.
On one of Bill's trips outside of the house to change
the sampling cultures, Ms. Masiello asked Bill to be sure to
sample the mold by the refrigerator - because that was where
Dr. Katherine Baker, the microbiologist (See ATTACHMENT 1),
found high readings in her October 1994~. Run #14 in
TABLE II on Page 26 is the test on that corner mold along-
side/behind the refrigerator/freezer.
The hall furnace closet doors could only be partially
opened.
Bill's final comment on the Visual and Sensory
Observations is that in over 25 years of air testing in
hospitale, industry and homes, this house is ~ far the most
microbioloqicallV contaminated house he haa-ever-sBen:- ~
unwashed dishes and utensils in the kitchen, the OdOr, the
full refrigerator/freezer load of abandoned and now rancid,
mold engulfed food, the un swept floors, etc. - and the total
clutter and disarray of the damp clothing/furnishings; etc.
can only indicate terrible housekeepinq and lack of
sanitary/health practices.
24
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The results of the wipe sample microbiolo~ical tests are
shown belowl
WIPB SAMPLB BACTERIA HOLD & YEAST TEST RESULTS
D Lineal Colonies
a Run Location Pt. Co_ent.
t t Wiped Bacteria Hold Yeast
e ...
11 Livin~ Room 5 e37 ,000 (95,000 (145,000
12 Kitchen 5 (17.000 (26,000 G,200
13 Side Bedroom 5 (2,100 ( 10 (, to
14 On corner 5 1(260,00.91 (120,000 ( 17 , 000 See
mold behind
111 refriyerator CONCLUSIONS
Ql
.....
0 On inside of
.... 15 5 120 10 30
..... front door
0
....
16 On side of 5 30 (.10 ( 10
Dinin,j Area
dish cabinet
p On clean out- 5 10 10 30 For back-
side \jlass ground
window reference
Guideline Limits · 500 500 300 --- ----
--- --
TABLE II
Footnotes
See bacteria footnote on ~rior ~age
· See CONCLUSIONS for Guideline Limits
Note. ~ Each wi~e swab sam~le was wiped on 5 different
surfaces for a distance at 1 foot.
OTOO high
,
.
,
26
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CONCLUSIONS I
Tha TABLE I Airborne Sample Bacteria. Mold and Yeast resUlts
shawl
· the Bacteria lsvels were within the GUideline Limits in
all 4 samples.
· the Mold reSUlts in all 4 samples had to be reported as
> 60 (greater than 60 colonies) because the Mold growth
was so severe the nOrmally tiny cOlonies on the cUltures
grew to~ether in clusters (called confluent growth).
Experience indicates this ty~e of resUlt is UsUally equal
to 10,000 or more cOlonies. Note that Run #4 which was
made outside of, but close to the house, also showed the
same level of confluent growth.
· the Yeast levels were well within the GUideline Limits in
all 4 samples.
The TABLE II Wipe Sample Bacteria, Mold and Yeast results
shaWl
· the Living Room and Kitchen are seVer~ly Contaminated in
all 3 categories.
· the Side Bedroom was way above the GUideline Limit only in
Bacteria. The Mold and Yeast levels came out lower than
expected.
· the Mold in the corner (in Run #14) behind the
refrigerator was 520 times above the Bacteria Guideline
Limit, 240 times above the Mold GUideline Limit, and 34
times above the Yeast GUideline Limit.
· Wipe Test Runs #15 & #16 were intentionally made on 2
relatively clean and ~ indoor surfaces to show what
reSUlts could be expected on "normal" vertical indoor
surfaces.
· Test Run #17 was made outside on a vertical window ~lass
to provide a back~round reference level. This was also
done to show even a rain-washed, outside surface may not
have zero numbers.
26.1
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ANSWERS TO TilE ERIE INSURANCE ATTORNEY'S ON-SITE QUESTIONS
Mr. Kaufman, Atty., on 10/30/95, specifically requested Bill
Ro~snagel to respond to each of the following questions in this
report I
1) Q. What will be the effect on, and precautions needed
for, the cleanup workers?
Ans. Most cleanup workers will want (and shOUld) wear full
dis~osable suits and a respirator because they w~
have many days of work.
Bill Rossnagel did not use the respi~ator he had
around his neck because he was in the house only about 2
hours. Some cleanu~ firms may insist their workers even
wear SCBA (Self-Contained Breathing Apparatus).
II the workers follow accepted OSHA/USEPA hazardous
waste cleanup procedures, including certified respirator
leak checks, not eating/drinking inside the house, washin~
hands after removal of their gloves and before eating,
showering when they get home, etc.. then they shOUld not
suffer any ill effects. Of course, no worker with any open
cuts or respiratory problems shOUld work on this project.
One foreseeable problem is the workers .ay be tempted
to -salvage- some of the many statues, ornaments, phones,
.skis, etc. inside the house rather than sanitize clean them
or send them to the landfill. Removing them piece.eal vill
cause problems. The dwmpsters vill have to be locked tight
every night.
A .ajor problem will be going through the procedures to
get a landfill to accept the micrObiologically conta.inated
household contents.
2) Q. What does Bill Rossnagel think is the reason Ms.
Willier and Ms. Masiello didn't miti~ate (cleanup)
the visible mold in the kitchen back in 1994? Why
didn't they cleanup the house when they were living
in it up to January 1995?
Ans. Dill can't understand why anyone would watch, and not
cleanup, the visible kitchen mold which Dr. Katherine
Baker, a microDlolog1st, told the occupants (on
10/13/94) was an unhealthy condition.
The kitchen alone shows ~lenty of evidence of a lack of
sanitary food handlin~ procedures when the occupants stopped
livin~ in the house on January 9, 1995. The sink was full of
28
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unwashed dishes/utensils - and
with what apparently were food
covered with mold.
others were on the floor along
particles before they became
Perha~s a further investigation is needed to determine.
a) Why Ms. Willier's corner bedroom door had a
secure built-in lock on it when she told Bill
Rossnagel she did not know it was lock~d - and
she said no one had been in the house since she
and her daughter moved out of the house on
January 9, 1995?
b) Why the Recreation (rear) Room had a lock on it
which Ms. Willier and Ms. Masiello stated they
had no knowledye of the lock - and did not have
any keys for it!
c) Why the surface of and underlying clothing in
several rooms were damp?
3) Q. What are the estimated cleanup/repair costs?
Ans. This estimate is ~ 25% because Bill didn't have
access to 32% of the living area (2 locked rooms
plus the front bedroom) plus the attic and crawl
space. The condition of the heating, electrical
and plumbing systems is unknown.
To help understand the costs involved, the following
categories of work to be done have been described.
A. Pre~aration of a Specification
B. Dis~osal of Contents
1. Clothing
2. All Cloth Furniture, Bedding, Drapes,
Boxes, Debris, etc.
3. Salva~ed Contents
C. Sanitized Cleanin~ of House
D. Repairs to Structure Only
E. Demolition option
A. Specification
First, any cleanup project needs to have a very
comprehensive 20-30 paqe site-specific sanitized cleaning
specification prepared to detail with the floor plan, time
limits, worker and site precautions, reference to local
permit requirements and OSHA regulations, insurance,
security, dis~osal, time limit (this is critical. This is a
job that will want to be done, hopefully in 2-4 weeks). Then
the repair work would have to be done.
29
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W.B.R. ENGINEERING INC. would prepare
for $1,500 and do on-site supervision
$125/hr. plus reasonable expenses.
The estimated cleanup costs are sub-divided as
followsr
such a specification
(if requested) at
B. Disposal of Contents
1. Clothinq
There is an awful lot of damp Clothing in the house.
It is possible that a dry cleaner may ~ found who will
will accept perhaps 50 larye, sealed closed, garden
trash bags of contaminated clothing. ~he specification
would have to state the length of the Cleaning cycle,
and the processing of the clothes would have to be done
on a Sunday when no other dry Cleaning work is done. It
would have to be done by the owner (or most experienced
worker) .
The proble. is there vill be no guarantee that the
dry cleauing vill kill all the .icrobas and/or the odor.
Bill Rossnagel knows this because he is one of the 2 NJ
consultants for the Neighborhood Cleaners Assoc. (of
NTC), vhich has about 800 dry cleaner .e.bars in NJ.
The estimated cost, i! a dry cleaner could be found
to do it - and with no ~uarantee that the microbee and
odor will be removed from all of the dozens of different
kinds of Clothing material....................... $5,000
To that, there is the cost of removing the clothes
from the house, paCking them in the plastic bags and
loading it all into a truck(s)................... $1,000
If a dry cleaner can't be found, the clothing will
have to be incinerated unless the landfill accepts it...
I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 5 I 000
2. All Cloth Furniture, Beddin~, Drapes1 Boxes, Debris, etc.
The indoor material under this cate~ory cannot be
salvaged. It will fill at least one 40 ft. long
dumpster. It will certainly require 2 dumpsters unless
the contractor carefUlly "packs" the material into the
dumpster.
a. Dumpster delivery & 2 week rental....... $2,000
b. Laber for Removal & Dumpster Loading
1 Licensed Supervisor
3 Licensed Workers...................... $4,000
c. Dum~ster Haul-Out & Disposal Cost........ $5,000
30
._,
.-
The following paragraph illustrates the unknown factors
in doing such a cleanup. Il the mold has gotten under a wall
2" x 4" Base Plate, then they have to be pried up and power
washed to get the sanitized ayent into such normally hidden
areas and yaps, as shown below.
In a house, alter 20 or more years, the wooden 2" x 4"
Base Plate usually shrinks enough to typically allow a
1/16"-1/8" air ~a~ into whioh water can enter. That is the
dark area where mold often ~rows. It is difficult to kill
that mold.
Ory U)Ql/ ~ux~j Pdrlcli'''5
1t)}"lI '
fASc b.~nL 5fuJ
J4.R.u"J mitt \
WALL CROSS-SfCTION
The close-in sanitized cleaning and inspection will
result in some additional wood having to be replaced. The
air ducts and furnace will have to be cleaned.
The local construction Inspector can be expected to have
a special interest in this work.
The estimated cost for the sanitized Cleaning and micro-
bioloyical testiny of the house..................... $25,000
32
"i
1""'\
'.
RECONNBNDA,.IONS.
When one considers the number of local permits and
state/federal approvals that will have to be obtained, regardless
of which decision is made - and the need to adhere to all the
rules, and not raise the ire of the neighbors or the local
officials or the media during the work....plus the costs and
potential risks it contamination ~ discovered in ~ future,
Bill Roesnagel recommends DecisionlSr(Demoliahlng the contente
and house). A significant cost consideration in Optionl[ is the
epecial insurance coverage contractors probably will have to
obtain.
That having been said, it is very possible that a totallY
dedicated. licensed, experienced and motivated Cleanup person
(who would lead the work on-site, n2i ~ !rr Office) could
sati~factorily salvage and sanitize clean and repair the house
to meet a strong specification.
A lawyer(s) would prepare such a contract, tied to the
specification(s), regardiny future liability claims.
37
.108
,"--, DAY
.
LOCATIQN
CIVtf M-II) fA
DATE
RECORDED BY
EVENTS LOG
Time Event
. .
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PO DVI-~t~ ""j,r~'I!.'"
.~ 7A~ J, M1!~ 5/#"$ ~ I ~fe.l.
rAlte pl4tJh1.J
Lv: S/~
w. B. R. ENGINEERING Inc. i
~
61 Hornblower Driv. '
Wor.lown. Now lonoy 08758
(60?1 242.Q330 . ____.FAX (409l242-472
Form #F-28-28
YO
Page ---I- of---1-
'.
'JOB eu,YN,r-/ m~elltJ
c... 'J rl1
liMVI'
I'''' ,,,",, DAY
LOCATIQN
DATE
RECORDED BY
EVENTS Loa
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,I " ,. f" e'" .,w.t ."3:tc:'J",,..A.ew . ' !
. "~,~~,. ~ JT"o),.,,;W.~. R. ENGINEERING Inc.'. :.'
,'.'36 w_!JIo t .,~, iT, 6 n we f!rN '
".:lit n ',Il "I. It A'~ .l-. ~ I. Warelawn, N.w J...ey 08758. f
,..r "rrV't.., -,.. TV U",(609J242~0330 ~!'Xt609)242.o7
4-:4'0 11..wt Jnit ~ ~dW;S ~~ ~ oft't.(
Form #F-28-2B Y I Page --'- of -1-
Time
. Event:.
1J:':i'I:!, . ~W!~!'~;:~: .""" .....". ,.'. . ". .a~';"~_,";",.~:~~" "
.,,,4.,. ....!......,. '.;... ...GA~EN STA~ LABORA"!"'lRIE~t ..' ,,:~' ,
. BactBrl%glca/ and Chemica/ Testing ..'...;."............ "
-',' 410 Hillside Avenue . "" . _....~. "Ii:'"
~~~ Hillside, NJ 07205 ;r ,':'~L~~::'r 0' ~ .
1: . Telttlhonl (808);;;'
'CLIE~ ' I" Fax,,' (808) 4l!S I18B~ :
.CHG' CHAIN OF CUSTODY RECORD ""'(,"""""'1' I'" ,,)
M'UHAIID.UlleAUI'OtIN1NH '.,' flo"", \o.l'",""~, . :lV-'.'
......"'r~c,J'... ;.''';~I
NAME OF CLIENT. · .,. ""'1')" ..: .~..
AOOREJ'S DATE SUBMITTED' ,
..I TIME SUBMITTED' ',. 0
~~TACT ~~LN~~7~~~;~Q~'~';'
SAMPLE(S) TYPE '. ":' ...".
SAMPLE(S) 10
SAMPLE LOCATION
,.
I'
DATE SAMPLED D TIME SAMPLED PRESERVEO;z:G.e: ~ ~,,'
IF SAMPlE(S) CONTAI H R us SU8STANCES. CHECK HERE 0 AND SPECIFY . ". "'~'-"'~-4."
IF SAMPlE(S) REQUIRE SPECIAL QA/QP OR HANDLING. CHECK HERE 0 AND SPECIFY . : '~"":-:;,...--~.
TESTS REQUESTED: 0 ROUTINE (POTA8lE WATER. T. COll,S.P.C: NATURAL WATERS- F. cou:;'!~!.~
FOODS.S.P.C., T. COLI. OM) . .~fl'
C R ~Iit
SDWA2Q 0 CORROS. 0 SDWA 100 EPTOX 0 VOA ltfr.~!O
PRIORITY .. .. .~.
o POLLUTANTS 0 THMs O:.PESTf'..:Cl
.. ,.-:' ~ ,,i',!"',,.
o LEAD 0 SODIUM 0 HERB .: 0; ~EP.TPX. Cl
P ,..t;;:":tt I
o IRON 0 MANG. 0 BASElNI;~.~i;'~: ~ Cl
'A' ,,'~~., .;,~. .
o COPPER 0 Cd 0 ACID EXTRA~T~13l ~~..;j Cl
. ....: .......,
o Cr 0 Zn 0 PCBs ' .. . '.. ,. ? Cl
". . . '.- 1':~.1~;t;:...;.
o AI 0 10127 0 ANALYSISBYG~Cl
. J. "l':", :'!I:. . .
o SLUDGE APPDX ~~~ B SLUDGE APpl;I~.l/?!;;::;P ;
o
o
'I
. .
TOTAL COLIFORM 0
FECAL COLIFORM 0
O'
o
o
o
o
YEAST & MOLD . ~
FECAL STREP.
STAPH., C.P.
SALMONELLA
SHIGELLA
.
LISTERIA
P. Beruglnosa
o
BOD
COD
PET HC
TURB.
N02-N
TKN
T.P04
CI
pH
o TSS
OTOC
o OILJGR.
, 0 N03-N
o NH3-N
OS04
OCN
,
. 0 MBAS
. 0 T. HARD.
. 'r-.II":':t'o," ,
,'Ot_":''''' ;... ,
. I
,,:. .... ':~.,
(10.................. ;"
.., . ~
OTHER TESTS/INSTRUCTIONS . . .. .,' .'.
Inl)"-/- J, ijh"r -dIJlI I1llftMALb.,..l,1fl'" ~/~ 7/lk, . .
SUBMIITED BY:
~
RECEIVED BY:
..'0:
41-
RELINQUISHED BY:
RECEIVED BY: .
FOR LAB use ONLY: SAM REeF.! .'
.,.,.. "'.MICRO.. .
,...~\".. ""CH"'''' ',"
'". ',:'1' '." ....Y1 ....:.
THE UA81UTY 01 aAAOf.N srATI L.A8OAAT~IES. INC 'OR 5lAVICU RENDERED SKAU.IH NO IVlHT IJICIlO Tl4IAMOtMT 01 n4 tNOCI 1111
c.w..s br U s. ~ HMIII s.r,.a. N J 0IcII 01......... H J 0 I ,.uti, X044
..
~ .
._...__.____n
State Laborat'-'ries, Inc.
Bac/orlological and Chemical Tes/ing
410 HlIIsldl! Avenue
HlIIslde, New Jersey 07205
ToU Froe 800-273.8901
TelephOf14l908-68&8000
Fax 908-888-8968
Methew Klelrr, M.S., Director Emerllu.
Hervey Krein. M.S., Leborelory Dlreclor
REPORT OF
ANALYSIS
REPORT # 951030523.0
CLIENT # WBROS
DATE SUBMITTED: 10/30/95
TO: WBR ENGINEERING
61 HORNBLOWER DRIVE
WARETOWN
ATT: BILL ROSSNAGEL
SAMPLE TYPE: AIRBORNE
SAMPLE 10:
SAMPLE LOCATION: WILLIARlMASSIELLO HOUSE IN CAMP HILL PA.
NJ 08758
DATE SAMPLED: 10/30/95
TIME SAMPLED:
10# SPC MOLD YEAST
WILLIARlMASSIELO HOUSE ornanlsms ner cubic It. oroanlsms ner cubic ft. oroanlsms oar cubic ft.
Ml 159 >60.16 <0.177
M2 169 >60.16 <0.177
M3 124 >60.18 <0.177
M4 105 >60.16 <0.177
SPC = Standard Plale Count
1< = less than, not detected.
44-
THE LIABILITY OF GARDEN STATE LABORATORIES. INC. FOR SERVICES RENDERED SHAl!. IN NO EVENT EXCEED THE AlAOUNT OF THE INVOICE.
Caf1lned by u.s. PubIlc Hoal1h SorviCO. N.J. Copt 01 Hoal1h and N.J.OE,P,. U1b' 2O()ol.4
State Laborat""'Ties, Inc.
Bac/eriologlcal and Chemical Testing
410 HlI1slde Avenue
Hillside, New Jersey 07205
Toll Free 800-273-8901
T alephone 908.688-8900
FlU llO8-688-8966
Mathaw Klein, M.S., Director Emaritua
Harvay Klaln, M.S., Laboratory Director
REPORT OF
ANAL YSIS
REPORT # 951030527.0
CLIENT # WBR05
DATE SUBMITTED: 10/30/95
TO: WBR ENGINEERING
61 HORNBLOWER DRIVE
WARETOWN
ATT: BILL ROSSNAGEL
SAMPLE TYPE: WIPE
SAMPLE ID:
SAMPLE LOCATION: WILLlARlMASSIELO HOUSE IN CAMP HILL PA.
NJ 08758
DATE SAMPLED: 10/30/95
TIME SAMPLED:
10# SPC YEAST MOLD
WILLlAR/MASSIELO HOUSE colonies colonies colonies
#11 37.000 95 000 145 000
#12 17.000 26 000 1200
1113 2100 <10 <10
#14 260 000 120 000 17000
1115 120 10 30
1116 30 <10 <10
#17 10 10 30
SPC .. Standard Plale Counl
1< = less than, not detected.
45
THE LIAelUTY OF GARDEN STATE LAOORATORIES. INC. FOR SERVICES RENOERED SHALL IN NO EVENT EXCEED THE .....OUNT OF 'THE INVOICE.
Cer1lnad by U.s. Public Health SeNice. N.J. Oept. 01 Heal1h and NJ.O.E.P. .l.eb' 20044
~~~\
~r
Environmental Mi~biology
Associa tes, Inc.
.
Post.it" fax t'oltt
/6/1 0."1
.
..
----~-~
~ --
I.Ulll.'I.I' ,I
FrOI
c.
I'bolllll
1"10110 "
JamU'lry 3, 1995
Iii.'
'ill'
To Whom It May Cuncern:
I examined the '-esidence :Jf Florence Hillier, 1388
Lowther Road, Camp Hill, PA. on October 13, 1994 to
determine if microorgani5ffis were p~esent whiCh mign~ pose a
health hazard to occupants of the house. Surface samples for
microbiological analysis were taken at this time. In
addition, macroscopically visible growths of funqi were
detected in the kitChen, ba"t:hroOI1l aile! laundry aroas where
water damage had previously occurreu.
My analysis indi~ated that the fOllowing fungi were presentl
AGpGrgi~~ us sp.
F.nici~~ium sp.
C~adoaporium sp.
Stachybot:rys (tentative ID)
TrichoGporiu/Q sp.
These fungi are cOllunonly founu in areas where the presence of
water or high humidity allows for their growth. While mllny
of these organisms are common in a variety of environments,
their nresenrc, especialiy in hi h nw~ers can h
hazard. Macroscopically v 5 . e qrowt 0 u d
. tne presence of extremel I q I nu ers of orqanisms.
-
Particularly important is the presence of Asneraillus and
CladOSPorium since these organisms are associated with
allergic reactions and infections in susceptible people.
I am not a
history of
my opinion
microor an
occupant S ~
continue t'O
physician, nor am 1 familiar with the medical
eithe~ of the occupants of the house. However,
as a lllicrobiologist, rololl ed ex sure to t
5 . Ansi nit
On this bas 5, I wou recommend that they not
live in the house.
1~
~
~.
Sincerely
14
Katherine H. Bakur, Ph.D.
Pre5ident, Environmelltel MicrObiology Associates, Inc.
I /J 2001 N. Front Sl. Building 1. Suil!! 217 Harrisburg, PA 17102
~ C/ [J'" J' f/( ",( (717) 236-7930 r"x (717) 236-7931
.Jl e.[i4iNt'.J(
b y ~. fl f( l ~ IV c. /11 n ., , r; 1./ /)
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4.i ~ ils ~;~lI4 a t jl~iti~l ~~!io:alhl'i
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~ ~ ~!!laJIS!lij al ;ft&: )llf... :f~>li{ ~i ~a
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. ~ t Ii t. 11tlUiJ jflJjra ldll .. J
" ~.~ M!llr.!!!Jl~li!lfulliJdi .:u ·
! ~ ~ ~ ~rIIUJI~jn,lil.! n~!~ ~n~jlii Uii I
" ~ Q" .!f 1~"ls j ~ljld 11:} JOoII la
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~
~ITIZBD-CLBANINa PROCBDDRb .6.0 Rev. B
.
. When it is necessary to provide sanitized Cleaning of an
Office, factory, institution, school or home, because Of,
. Sewage backup,
. Wet walls, ceilings! floors an~ inSUlation,
. Bird & rodent droppings, .
- .
. MOld, yeast (which combined are fungus), bacteria,
etc. growth,
. Insecticide, pesticide, herbicide, etc. over-exposure,
. Contaminated food preparation areas & equipment,
. Contaminated "VAC ductinge, . .
. Keat exchangers and condensation collection pans,
. Fuel oil spills, overfills, leaks, etc.,
. Odors and other factors.
W.B.R. ENGINEERING INC. and ROSSNAGEL & ASSOCIATES urges
that a walk-through inspection first be made by Bill Rossnagel,
P.E. (See attached resume). From that inspection can come the
important, specific, supplemental procedures not included in 'this
basic clean-up procedure. It will also enable decisions to be
made about where wipe sample and airborne mold, yeast, bacteria,
s~ores, etc. tests should be taken - and needed ventilation actions.
,'With the new awareness of the "Sick Building Syndrome"
complaints, more office workers are complaining about respiratory,
eye, nasal, throat, fatigue and/or nausea problems.
The author has written over 20 published articles on indoor
air contamination problems. This article is intended only to
provide ,the most b~sic sanitized cleanup procedurss.
The frequency of a "Sanitized Clean-up" can vary from a
thorough single (or double) Cleaning to a routine, da~lV
sanitized Cleaning of rest rooms and food preparation eating
areas to veekly Cleaning of showers, desk and table tops, some
floors, etc.
Rev. B, 1995
· a major concern in HVAC systems now is
the contamination of the insulation inside
some air ducts. Thera are several ~ood
reasons for ~uttin~ insulation inside HVAC air
ducts - but this consultant no longer recom-
mends that, because it is so difficult and
costly to clean the inside of , such ducts,
after many years of use. Bacteria and mold
like warm, moist and dal'k areas to Mr.__....._._._
grov - and the inside of HVAC duct- UIT._" .
ln~ can provide such nutrients. W.e.R. ENGINEERING Inc.
EIwIRlnmIrUl , ~ ConIuIIlu
......, -- r l1aolU AUOCMTD
w, .. (Bill) R08IHUl'E' . U, l'tHIdInl
"S""
111k..1~_ 0rM It. .,..
_IUCMl7U MIl. ....
.
'......
f*)
. PROCEDURE .640 key. B
Page 2
. Perhaps a practical example will provide a "wake-up call"
here. Back in the 1980's, ROSSNAGEL & ASSOCIATES conducted
swab wi~e surface bacteria tests on 25 tt. of the kitchen sur-
faces in 2 Monmouth County, NJ schools. Both schools were
built to the same drawings in the 1960's. . Their kitchens were
identical. One school had a count of 88 colonies of bacteria
atter 25 feet of swab-wiping the counters, steam table, dish-
washer, milk dispensiny area, etc. In th~ other schoOl, the
counting of the similar plate count bacteria test, in the lab,
was stopped when it reached 10,000 colonies of bacteria. The
difterence was because in one school kitchen, they washed down
every ~ay with CLEAN RAGS and a DISINFECTA~T~ In the second
school, they wi~ed every day, but cleaned the rays weekly _
and used the disintectant only weekly.
REHEMBERI MOLD, YEAST, BACTERIA, ETC.
LIKE TO GROW IN MOIST, WARM AND
DARK LOCATIONS, SUCH AS INSIDE AIR
DUCTS, BEHIND REFRIGERATORS (AND ON
THEIR DRIP PANS) AND OTHER EQUIPMENT,
ON VISIBLY WET WALLS, ON CEILING
TILES THAT HAVE BEEN WET FROM ROOF
LEAKS, AND UNDER WET CARPETING, ETC.
1) For hard surfaces, dilute Clorox 1 (SOdium
Hypochlorite) to 5% of container strength. This
may bleach carpetin~ if s~illed.. An alternative to
use is Lysol (~er directions on bottle or s~ray
can) mixed with water. Use clean raqs to wipe all
exposed.surfaces, horizontal and vertical, which
are wet'or touched by people. You may not have to
do the walls, but tau may have to do all the
ceilin~ or wall HVAC re~isters.
2) Use the cleanin~ solution on tables, deSks, file
cabinets, bookcase tops, computer to~s (but not on
computer, word processor, etc. keyboards and controls,
of course), storage shelves under com~uter tables,
maybe even annually on le~s, and on baskets
(insides, ver, im~ortant). .
3) WHEN SANITIZE-CLEANING SURPACES, IT IS CRITICAL
THAT THE SDRFACE BE WETTED BY TilE CLEANING AGENT _
AND ALLOWED TO DRY. DO NOT WIPE DRY. APTER 30
HINUTES, DO A SECOND CLEANING. IP YOU WISH TO
RINSE THE SECONU CLEANING, WAIT 30 HINUTES TO DO
SO. RBHEHBBR. IT TAKES TIHE POR THE DISINPECTANT
TO KILL THE HICROBES. Most surfaces, even formica,
under a microsco~e have many surface cavities,
tears, fissures. e~c. where the microbes like to hide.
,-
. .
",
PROCEDURE .640 Rev. B
~aile 3
.
4) After ~ qood sanitized cleaninq, you may need
only do the concerned surfaces weekly - or even monthly.
However, all kitchen food handliny surfaces should be
done daily if used daily.
Some other sanitized Cleaning agents are.
Oerm-X
Wavicide
Amerse
Cresol
Microban
Oxane
Blue Vitrol
Control III
Instansan
However the Clorox ~ and Lysol clean-up has been most
effective for this consultant. ,
1. The lavatories, deskto~s and floors sh~uld be disinfected
using the followin~ ~roducts;
a. Buckeye Sanicare Mint Quat; Desktops and sinks can
be cleaned and disinfected by sprayin~ with a 1164
solution (diluted with water). Floors are also
cleaned with a 1;64 solution which is left on for
10 minutes and air dried. It is effective a~ainst
a wide ran~e of bacterias, fungi and viruses
includiny Pseudomonas aeruginosa, Staphylococcus
aureus, Salmonella choleraesius, Candida albicans,
Tricho~hyton interdi~itale, HIV-1 virus, Adenovirus
Tfpe 4, Herpes Sim~lex Type 1 and 2, Influenza A/
Hong Kong virus, Rubella, Va~cinia, Canine Paro-
virus, Rabies, Porcine parovirus, Pseudorabies
virus and Infectious bronchitis.
b. S.J. 'Johnson Forward DC: Desktops and sinks can be
disinfected by s~rayin~ with a 1120 solution
(diluted with water). Floors are also cleaned with
a 1;20 solution which is left on for 10 minutes and
air dried. This disinfectant is effective a~ainst
a wide ran~e of microor~anisms includin~
Sta~hylococcus aureus and Salmonella choleraesius.
2. When there is a blood or bOdy fluid s~ill, the folloviny
~roducts are recommended.
a. Hilyard #181 Disinfect/Deodorant; After blood is
cleaned from surface, this disinfectant is sprayed
on surface until vet. It is then allowed to remain
on surface at least 10 minutes and air dried or
removed with clean dry cloth. It is effective
a~ainst HIV-1 (AIDS virus), Herpes Slm~lex Vi:us
Ty~e 1 and 2, Influenza A2 (Hong Kon~) virus,
Salmonella choleraesius, Sta~hylococcu~ aureus,
TriChophyton menta~ro~hytes, Pseudomonas aerugin-
osa, Strephococcus ~yogenes, and tubercle bacille.
--..
;
w. B. R. ENGINEERING,..&..ac.
c..
Tln,llI:
OIH'"
IUK,
_IIAllOH
.
1.8.R.A.
PHASlL IU m
us,
AsauroS
61 Hornblower Drive
Warolawn, Now Jo"oy 087'8
(609)242.0330 FAA (6091 242.0723
AIR. WATER. ENERGY. INDUSTRIAL HYGIENE. NOISE, WASTE
. WlO'ICAhOHI/~I/"lMIn
. ..n_IIWWMMlHI
. DIMON 0......' .....10" HOtII
IQ.WOON CONTO Il1TIMI
!)ear cUent.
I have 1I0ved IIY ottice troll Iledtord, IIJ tOI
Julr 1995
61 1I0rnblower Drlve
lIaretown, IIJ 087'8
phon.. (009)242-0330
PAX~ (609)242-0723
110... (809 )693.1191
.
Ipeolallled arlal.
Ily conlultlng vork vlll continue In the tollowlng
lAD (INDOOR AIR DUALITY) " INDII!I'rUAL RlOII1fll ftlTlIll
Te.ting and tollov-UP enllln..r1ng to oornot lIlIl (/Hole
Building Syndrolll) cOllplaintl. Author ot oVlr 30 artloll.'
paper. and trequent lecturer on lubjeot.
. TITLI 9 AIR PBR"ITS " VOLATILB OWOaNIC BMI'1laKI
perllitting, 'eeting and tollow-up englneer~o bring boller,
velding, oven, dryer, reactor, etc. e.ll.lon. Ind annuIl r.-
porting into cOllpliance. Thl. Ino1udee nev annual lallllon.
Report.
.
~ HAS. I II" III IIISPB
In.pection. teeting and cleanup pro .ot .In.~a.ent. Cert lid
by RTC (Relolution Tru.t corp.) tor thl. vorle.
. . ISRA (INDUSTRIAL SIT. RIHBDIATION aCTl
lIait ot my vork Is on ~hl. IIJ Indu.trh1 c18lnup pro~ra..
It applies to all tlrme vith SIC .2000 thru 3999.
. US'r lllllDBROROlII1D S'I'ORIIO. TIIlf1l) RBHOyaLlaBAH'DONMW1I1'
certitied by IIJDEP tor thi. work.
. HAZIIRDOUS HATBRIALS
Permite. annual reporting, co.p1iancl, training, .anul1. Ind
clean up. I sUggllt you pOlt the attlohed ror. '417.
Ily environmental Urlle (ROSSlIGABL " IISS0CIaTIS and 1f.II.R. IIIOIIIIIRIlIO IlIC)
have ileued over 27,000 taet reporte In the laat 26 yaare. Our reputation
tor i..uing prompt, cOllprahenaive and accurata reporta hae baen our
.lIallllarlc".
t ou need a n br one ot the eoet a.perllnced
protlaa onale on any env roneental probla. in lIev Jerley or la.tern Penn.y1-
vania, Ju.t call. I loole torvard to aolvlng rour pre.ent and tuturl air,
eoil, liST, etc. prob1ell. a. an Independent con.ultant on te.tlng, engineer-
ing, cleanup or lIanagallent/raportlng/perelttlng regulation.. Ifr tlea are
~ea.onab1e--and r don't charge tor trlvel tl.a or to an.ver the phone.
The attachllent. vlll be ot h~lp to rcu.
lIBR/jc
PR401/R"ulle
IItt. Card, p'82 (2 aldedl
F487/P'27. F531/,'99
Rlna;p~
HI ft, Ro..nagel, P.E.
Con.u1tant
NJ PI .1:20<3
".,1,114111
NY" .0474"
M..,e .271'/1
"TEST IT FIRST SO YOU IlEAUY KNOW WHAT THE PROBLEM IS"
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N. I. (1111) IOI.nlill, P.I.
w..... IngiA..rlng Inc., al Hornblower DrlvI, Wlfltown, NJ aU7S,
...soa&L. Harrt.d, thr.. children, 66 y..r. old, axellllnt h..lth
.DOC&~rOWI Stlvln. Inltltutl at T.chnalo~r, 1952, H.I. Olgr..
.IO.assrOKAL 8ZP"I~C.1
pre..nt_ W.I.I. INOINllltNO INC. - p,..ldant, InvltOR..ntll Con,ultln~ Ingla..rlng 11r., 1111
Ro..nlgll hi. Prot...lonal Ingtn""1 l1cln... tro. N.J., N.Y., PAl and KAI Ha 1,
thl author at tvo techntclI .,nuII. (br Haydln'aooka) and oVlr 120 gubl11hld
.rtlcl...
III.ctlv. NI' 1995
(609) ZU-03JO
1970-1986' ROSSNAOIL' ASSOCIATIS - Pr.lld.nt
Rout. 10, Hedford, NJ, with dlvlllonl 1n He Ind GA.
Bill ROllnlg.l lound.d ROSSNAOIL , ASSOCIATIS In 19~0 ,'t.r II ,.Ir. ~rlor
.ngln..rln~ Ind t..t ,.p.rlancI In thl Ilra.plcl lndultrr. It ~r.v to bl . w1dllt
known tlr. ot te.'ln~/eon.ul'ln~ Ingln..r., .peellllllng In AII/Wlf.I/HOI../OSKl/
INIRaT/NASTI probl.... Th. Ilr. did Ilr pOllu.lon ....In~/co..ultln~ I. 40 It.t..
. Ind fro. California '0 I~yp" and vater ~ollutlon Ind ha.ardou. '1'.rlI11 t..tln~/
conl\lltln" In tour Itat... . "
Undlr Bill" 1.ld.r.hlp. ROSSNAalL , ASSOCIATIS ~r.v Into a ..1'1-dlvlI10n (aA , NC)
oplratlon, who.. ~ro.. Inca.. Ixe..d.d '1 .11110n bl~lnDlng In Ilia. In 19'9, tbl
tlr. aOYld Into It. own nev thre..ltory, .,500 .q. tt. attic. and lab In Mldtord, KI.
J.ra.y. It did te.tln~ Iro. California to Igypt. It. .nYlran..ntal lab .a. c.rti-
II.d b, the NJOIP.
IOSSNAOIL , A!!OCIATI! conduct.d oy.r 50 -Hlll.ark- air t.ltl, Including.
. O. S. Capitol Bld~. St... Plant
. Dllnl, World rncin.rator.
. Llri,.t Sup.rtlnklr Built in OSA
. 'ir.t School Alb..tol R.aoYIl fl.tln~ in 1977
. TIll..t Stick In thl "It It alorgll Pov.r
. SIYlrll brllkthrough hOlpltal Ind phar.lclutlcll t..t.
. And oth.r.
Hota. A dl'lil.d two plga r.lu., of the tol1awln~ lntor.atloD il IYIlllbl. upon r.qu..t.
A CurrlculU. Vltll at 8111'1 bookl, Irtlcl,., IVlrd., court t.ltIIODY, ...inlr Icti-
vltil., ItC. cln Ilia be provldld.
19'1.19". O.n.rll 111ctrlc al-Intry , Inviron..ntal Sf.t... DiYI.ian,
32nd Str..t, Pbilld.lphla, PAt
In th. clpaclty at I -I- L.v.l "anlg.r, with 325 p.a~l. r.portlng dlr,ctl, to hi.,
8111 va. r.lponllbl. tor all the Co.ponlnt Q.e. aad f..t on th. Hlaut. Haa
Sr.t.. "1..11. pragra. end lup.r ..cr.t IPY .et.l11t...
1915-19". Victor D1YIIlan, at Onlt.d Alrcrett, TrIYo.., PA.
".nl~.r, Q~C., T..t , l.llablllty on tll...try and .tate-of-th..ert Illctronlc..
1961-1966. Nalt.r 11dd. Co.. B.ll.vll1.. NJ. R.lllblllty T... N.aa~lr vh.r. BIll vork.d on
aireratt Ind kltchln tlr. dlt.ction and .ztlngullhlog .y.t....
1953-1961. I.arlott Olvl.lon of Slng.r co.. Llttl. ..11.. NJ.
proJ.c. Ingla..r. .h.n Sy.t... In;ln..r lad A..llta.t Chl.f R.ll.bl11., In;I...r.
1952-1953. Icllp.. Dlvl.lon at 8.ndix, T.t.rbaro, NJ.
A..I.tant .roJ.ct lagia..r.
"O"SSI~ ".ILI&~I~.
1. a..rlcln Socl.t, tor Quality Coatrol, S.nlor H..blr, Vie. Cbllr.an IDvlroa.'atll
Co..l..... 1975-1978
Z. Air Pollutloo Control A..ocl.tlon
3. Saurc. Ivalultion Socllty
4. Hltloaal Alb..to. A..ociatlan .
5. 'ound.d Ind rln the All POLLUTION/CONTANINATION CONTROL BININAI for 14 ,.Ir..
It va. co-.pon.orod b, POLLUTIO~ CONTROL ..gl.l.. or th. ANI.ICAN INSYITDTI 0'
PUNT INaINURS.
SPacIAL .aeoawl~IOI.
I. In 195]. Bill va. the proJ.c. .n~ln..r on the doalgn and I..tlllltloa al the
rll'. n.v luto.ltlc bull.t Icorlng ayat.. .ub..qulatl, ..Ia la the loyll,
-Th. ral story,- .tarrlng Jlaay St.vlrt.
2. H. I. thl hold.r at tvO patlnt dilclo.ur...
J. lil1 founded National Tar~.t' alng.. In 1960 In Lincoln .ar_, NJ and o~.rlt.d It
tor ..vln y.ar.. It va. In Indoor y.r.loft of thl r.1 .hootlag rlngl.
4. 1111 vrot. ch. tlrac .chool a.b..tal r..oval Iplclficltlon ~n tb. USA la 191~ -
Ind ov.r 350 11DCI thin.
S. HI. tlr.. canduccld -RI1I.ark- C..tl on ho.plt.l anl.the.la ~a"I. tor.alde.
hyd., ..bl.tOI lad othlr .1r cODta.laIDt..
..C.It,..
C.C.....
C.I.'.
A..IITOI
W. B. R. EN GIN EE R I N G~:I C .
- -~
EII~"OIllIlL',,'.11 J "'oI"oIUtmICflll Con lult,lnl,
'.I'.c.c.
G...H.A.
..,...
'HeUcE.ATlGH
lJ1 Ill. '/0
H~dlurllt N"w Juruuy 06055
(6U9) 953-5355
I AIR . WATER. ENERGY. INOUSTRIAL HYGIENE . NOISE. WASTE I
. OCIIAN 0" AUt J &NI"OY J NOUit
PGL.L.UTION CO","'OL. ."IU....
HJ PC , 1104.
. .~LClflC""ON.1 DRAWING5 J ~t""'1T1
. INTI"'" MAHAGIMINI
Dear CUstOlllerl
I have been operating as an independent professional engineer doing environmental
consulting work since selling ROSSNAGEL & ASSOCIATES in 1986. ROSSNAGEL"
ASSOCIATES had divisions in North Carolina and Georgia--and over 16 years issued
over 26,400 test reports for work in 40 states....and from California to Egypt.
My tirm is called W.B.R. ENGINEERING INC. That business operated out of my haDB
office in Cherry Hill, NJ frem 1986 through 1990--but recently IllOVed back into the
former ROSSNAGEL & ASSOCIATES building at:
234 Rt. 70
Medford, NJ 00055
(609) 953-5355 or (609) 354-9372
My consulting work is speciali~~d in the fOllowing areas.
· SOlving V.O.S. emission problems (under NJDEP SUbchapters 16 " 17) and
other application/permit/report submittals
* interim environmental manag~ment
* air pollution/contamination consulting (frem asbestos and indlUltrial
hygiene to incinerators and hazardous waste)
* trouble shooting on non-compliance syst~
* industrial hygiene tests on critical indoor air contamination problema
* E.C.R.A. I & II Submittals in NJ
* asbestos abatement (inspections, A.H.E.R.A., specifications, consultation
on difficult problems, expert witness testimony, etc.
If YOU need a prompt response by an experienced professional to any environmental
problem in New Jersey or Eastern Pennsylvania, just ca~l. I look forward to
SOlving your present and future environmental problems as an independent
ODnSultant on environmental engineering or management problems. Our tees are'
reasonable--and we don't charge for travel time.
Perhaps the attachments will be of help to you.
Sincerely,
WBR :kp
PR305
Att. Card, DYK, F487,PR82,Resumc
PA 'I .11.aOt
NY PIE ,0.'."
N. PI' .17...
"TEST IT FIRST SO YOU REALL Y KNOW WHA T THE PROBLEM II"
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w.lI.n. fnqlnL'f'r".llnr., lJ.1IH
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liIH1C'^"I llNI 'iII'VI'Il'! 111';1 illll,' "' 1',','lIu,.I'''I)'. 1'1',', H.E. Dlt~nld
PROfESSIONAl. RXflv.HrP.N(~t:1
Prl'~I'lIt I
W.ILH. .:rwINn:.HNI: IN1~. - 1'(I'sltlpli!., .'lIvirOflml'nLd
C'onsullllllJ .:wJin",'rinfl firm. "ill HI)~i~jIlMII'1 h.l.... I'rnrll~;~;lnll'll
EIl'lllll'l'r'" 11....11"'..; 111111I N..I.. N.V., I'A. .lnd MA. Ill' i', Ih,'
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I/O puhll'lhc'll .HIII"I.'!i.
11}70 - 1'111111 llo:i:HlAliEI. H. ^J:;Ot~ I ^'I'I~:; - 1'& "S l dl.'1l1.
UUUld 10. "h~llfortl, N,.),. with divlHlollli In Nf', oJlld GA,
lIi11 IhHIIlII ,uwI (Illllltl"ll IHI',:jtMI1FI. Il A!;~;Of'I^'IT'; ill Ilnl) .IC t'~r
III Y"',lrt1 prior I'llqinf'I'rilul dlld It.t;l u~pl'ril"IlI~IJ in t1H~ ,H~ro-
np,l(~1I Indll!jtry, It qrl'w III tll' ,I wld"ly known rirm o( lp'.t~
In'l/t'CllUllllllnlj 1'11'11111'1''''\ ""11,'1,,1 izillll ill AIU/IM'I'FH/NOI'WI
1l'1I1^/FNFIU:Y/WA~;'1T 111,,"1"11I';. 'I'll,' 111m di,l oIil filii 1I11 11111
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1'1I11'.U II lilt! III fllUI 1i!.111",.
1II1d'~f hl~ lo,ldllrHhlp. IHlS~;NMa:L & A~iSOC(An:!'l qfl'W Into .1
mult.l-dlvintnn (1:..\, It N<".) IIrPf,lt.ton who!'il' qrll'ili Illl,'Oft". .'x-
l.'Ul.'d(!cJ $1 mllllnll hl'qlnoioCl in Iqno. In If)Vl tht~ nrm
movud IlIto ilfl uwn n....w lhrl'I' "tury 11,"100 ~Hl' rl. orrlclJ _lnd
1.lh In H".lrorfl. N,'w ,1I'''-iI'Y' II did t,'~;1 iurl rrflftl {'.'II(nrUl,l
III EIIYI'I, II!; "Il...irOUml'lIl.11 1,111 w.,,; I't'rllrl..d IIy Ihl' N,lllfl'r
NOt.l~1 ^ dl,l,.ll..d r.WlJ P.l'II' rH!illmn o( till' (olluwilHJ illrnrm,lt ion I..
')volll,lhll' upon rl'qUl'ht, A l'urril~lIlum Ylt,II' u( lilli's hnok'l,
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lQfI6-1l)(A, nl'nl'f.ll EII'r.trlc.' U,'-pntry .'1. Envlrorllnl'nt..ll 'jY~III'm~; Illvl!lion
l:!nd Str..I'I., I'hil.lt!i>lllhi.l, I'A,
III llll' 1~.lpoJclly 01 .1 "I'" 1.1....'" "'.111,1111'1' wilh L!r, Pl'lIph' (1'-
pnrllllfl cJlfI','l.ly III him, lIill W,IS l'I'~IIHIIlHlhll' (II" .111 Ill,'
CllmpOIlt'lIt <,J,I'. ,lIld 'I'pst on Hinull' H,.n II Ih.'~l'lItry \'l'hi"ll'
Hl9!JIlv l'rolJf'lm .llId flupc>r !'werc't. HPY t..llullll,llJ,
1'16S-Plrl(u Yuctor nlvl~llon ur IInit.f'd Alrerol(t.. 1'rl.'VU!iC>, l'A.
H.w"Cler. Q.C.. 'I'l'!" X. HI'I ialli lily
1961-lqflfil Willtrr I<lddo Cn.. 11C'\ll'vl1lr', Noll.
IlHI i..bi II ty Tl~tn H'lIl,HI"r
Iq"".lqrlll K",lrrnlt. Illvl'll!)1I flC ~;Inq"r "11., I.lltll' F'III'I. N.,I,
Prlljocl .:IICJlnlwf. then SYt.ill~mt. F.lll)lm'cr .1Ilt.! AS!'i\~it'lIlt. ('hil.r
Rollabtllty ["glorl'r,
191)2-IQS1.
.~r.lipRO ntvlslnn IIr Ih~flCti)(, '1'I~tr>rtlOrll. N..f.
^9~lKtant. projuL't t-:nq IIlN~f
PROPESSIONAI. AFPlf.1 ATIONS,
t. Aml'rlciJll ~iru:ll'ty Cur (,.1u,1I it.y ('olll.."1 ~ ~;('Illor Hl'mlwr.
Ylef' Cthllrmiln F:nvlrnnmr>nl.,ll rnmmitll'I', Iq7l}.lq7R
2, Air (,ollulln" rOlll.rll\ ^~l~~IlI'I,lllnll
I, 50ur('(' EV,llu,lllon ~;nelf'ty
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CON'rHlll. m"q,I~IIII"
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In:oit..lll.ttlnll of IlH' FIll',; I"'W ,.lllum,lt.it' hulll'l ""'llrilllj
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COURIER-P.QST
"a....uH""'pIl~ ~
= CAMDt:II, N. J. MONDAY, rtlJauF,iay'
Teeling t'or Air Pollutio.u .
A Degr~e in
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COURIER-
POST
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Testing lor Air Pollution
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exhibit C
,n (1) 1'-\
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I"",
3
1 FLORENCE WILLIER, called as a witness, being
2 affirmed testified as follows:
3
4 DIRECT EXAMINATION
5
6 BY MR. MINER:
7 0 Mrs. Willier, I'm Steven Miner, I'm the
8 solicitor for Lower Allen Township. I'm here today because
9 the township has brought an equity action, it's docketed at
10 96-6146 in Cumberland County dealing with problems with the
11 property located at --
12 A 1388 Lowther Road.
13 0 Right. What we're doing today is taking your
14 testimony to partly learn your side of the story and we're
15 trying to find out just what's happening in your side of the
16 case. And particularly, since you're not in Pennsylvania
17 anymore, we want to get this on the record, that's why we
18 have the court reporter here, she's
19 A It doesn't make any difference.
~O 0 She is taking the notes of our testimony. In
21 other words, she'll write what you __
22 A I'm well aware of that.
23 0 Let me finish, then we'll give you some
24 instructions. One thing that we'll have to do, and I notice
25 already, is wait until I finish my point before you
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
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1 answer
2 A Yeah.
3 Q -- and I will try to do the same for you --
4 A Yeah.
5 Q because it's very difficult.
6 A It will mess her up, I know.
7 Q So take it real slow. The other thing is I
8 want you to be comfortable, particularly with your
9 experience in the automobile just a few minutes ago.
10 A Yeah.
11 Q If you need a break, just say, let's take a
12 break, whether for restroom or get something to drink,
13 whatever, you can take a walk, whatever, you can confer with
14 your daughter, whatever you're comfortable. I promise you
15 we'll finish this up today so you can head back to
16 Baltimore.
17 A Yes, because I had bad dizzy spells when I
18 left this morning, Darlene didn't want me to drive.
19 Q I want to go into that a little bit, too.
20 There is some concern, at least that I had, about your
21 medical condition. Is there anything that's preventing you
22 from testifying today?
23 A I'm on medication but I have my right mind to
24 testify.
25 Q What's the medication for; I'm not prying.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
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~
6
1 A When you give them to me.
2 Q If you don't understand them
3 A I'll ask you.
4 Q - - I can always rephrase or repeat.
5 A That's right.
6 Q Don't guess at an answer, if you don't know,
7 say, I don't know.
S A Yeah.
9 Q If you ever do feel that this is becoming too
10 much, let me know, we'll take a break. With all those
11 instructions, are you ready to proceed?
12 A I'm ready.
13 Q Could you please state your name for the
14 record, please.
15 A It's Florence R. Willier, W-i-l-l-i-e-r.
16 Q And, Mrs. Willier, where do you currently
17 reside?
18 A I have a Post Office Box 91 in Hunt Valley,
19 Maryland.
20 Q And, again, I know you don't like to tell me
21 where that is
22 A The people that I live with don't want me to
23 tell who we're living with. So, I mean you got the post
24 office, that's enough.
25 Q What is the zip code down there?
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
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A 21030.
Q And is that in Baltimore County?
A Yep.
Q We're here today to talk about the address at
1388 Lowther Road in Lower Allen TownshIp. Are you the
owner of that property?
A That's correct.
(Deed marked as Plaintiff's Exhibit Number 1.)
BY MR. MINER:
Q I have before you a document -- I'm going to
have several as we go along this particular one is
labeled as Plaintiff's Exhibit 1. Can you identify that
document, please.
A I don't have my glasses. What is that?
Q No, I need you to --
A I need my glasses, I don't know if I have them
along.
A
MS. MASIELLO: Maybe I can --
She'll have to tell me because I don't have my
glasses.
BY MR. MINER:
Q If I may, this says, "This Indenture". I'll
just tell you it appears to be a deed from Kevin L. Novinger
and Darlene Novinger and yourself.
A Correct.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
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Q
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Would that be the deed to the property at 1388
Lowther Road?
A Yeah.
o It shows therein that you're the grantee,
meaning that the deed came from the Novingers to you.
And my dear son-in-law, who is dead, he wanted
A
to give it.
0
A
0
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today?
A
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So Kevin Novinger was your son-in-law?
Right.
And Darlene Novinger --
Daughter.
Is that the same Darlene that accompanied you
That's right.
That is the deed that's on file down in
Cumberland County?
A Correct.
o And it shows on here it's Deed Book W 31, page
621. Okay?
A Uh-huh.
o Now, according to that deed, Mrs. Willier, you
took title to that property
A In May.
o Was it May 12th of '86?
A Yes.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
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1 MS. MASIELLO: I want to make sure it's
2 Harrisburg. I don't want to be put on the record, but just
3 to correct that it was Residence Inn in Harrisburg.
4 A Yes, Lower Allen use to call there.
5 BY MR. MINER:
6 Q Were you paying for the stay --
7 A No, Erie Insurance was.
8 Q How did Erie Insurance become involved in this
9 situation?
10 A How did they become involved, I had their best
11 policy, the top of the line policy with Erie.
12 Q They were your homeowner's insurance?
13 A That's right, correct.
14 Q What happened to your property that you placed
15 a claim with
16 A That year that the bad ice and snowstorms,
17 when so many houses collapsed and all, that's what happened
18 to the house. The house -- the house the roof part of it
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caved in, it had seven broken what do you - - beams
upstairs, it had broken beams in the cellar, one was over
the gas line.
Q Was that the winter of 1993?
A No, before, '94.
Q But the snow was so heavy
A And ice, they scraped the roof three times and
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1 then they come around and said about, well, it must have bad
2 shingles. If they scraped us three times, our skin would be
3 bad, that's the way the roof was. You can't scrape the roof
4 three times and not damage some shingles also on it.
5 Q Who scraped the roof off?
6 A Well, Lauch, he scraped the roof.
7 Q Who is Lauch?
8 A L-a-u -- no, L-a-u-c-h, isn't it? That's it.
9 Q But it's a contractor in New Cumberland?
10 A Yeah, he went around during the winter, he's
11 surely a contractor, but he scraped the roof.
12 Q And you paid for that service?
13 A No, Erie paid him.
14 Q So somebody scraped the roof off three times?
15 A Okay, then I think Lauch did it twice and then
16 a guy from Marysville, I'm trying to think of his name --
17 Blosser.
18 Q Would that --
19 A B-l-o-s-s-e-r.
20 Q And he was the third person to scrape the snow
21 off your roof?
22 A Well, I think Lauch did it twice and then
23 Blosser did it last.
24 Q Despite their efforts to scrape the snow and
25 ice off you still had this roof collapse?
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1 A Yeah. There was -- there was a hole up in it
2 when they scraped it, that's when they went up to get the
3 excess off.
4 Q Would that roof collapse then been around
5 January of 1994?
6 A Yeah, whenever that snow storm was --
7 Q So
8 A in '94.
9 Q So the things you described, again, the roof
10 collapsed, the broken beams, the water entering your
11 house
12 A And then the awning went down. I had a big
13 patio and I just had a new awning put up, and that went down
14 and that was pulling the house -- rafter away from the
15 house and then they sent someone there to take it down. And
16 when -- they made us go outside when they dropped it, the
17 house, you could see the roof go like this. (Indicating.)
18 We were out front when they dropped that straight down.
19 Q I'm not going to make this an exhibit, but
20 this is great if you can just testify off of that. I just
21 have before me what appears to be an Erie claim form and it
22 says the date of loss was January 28th, 1994 and you had
23 structural damage due to the weight of ice and snow, they
24 said possible cave-in, trusses snapped.
25 A It was.
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1 Q It says contact Roger Lauck, L-n-u-c-k, the
2 contractor and this is for 1388 Lowther Road.
3 A Now there's the pictures of some of it.
4 (Hands. )
5 Q Mrs. Willier, I'd like to make this an
6 exhibit, I'm going to give you back the color photographs.
7 Without your glasses, can you describe what's in those
8 photographs or can you make it out?
9 A Yes, this is outside the house.
10 Q I think we have marked up through five --
11 A This is my -- is this what I wrote to you?
12 Q We'll get to those.
13 A Because that's my typewriter.
14 MR. MINER: Off the record.
15 (Discussion held off the record.)
16 A If she tells me, can't she quit?
17 BY MR. MINER:
18 Q I was going to say, if you can whisper, we
19 don't need to take a break, but I don't want the court
20 reporter taking that down. We don't need to take a break to
21 confer, she can't possibly take two voices.
22 A When something is wrong just tell me. This is
23 the back of the house.
24 Q Let me, if I can, I don't have it marked yet
25 but I'm going to make that Plaintiff's Exhibit 6 and I'll
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1 just state for the record it looks like three photographs
2 all on one piece of paper and they're color photographs.
3 A Darlene lined them up and had them taken at
4 one of those places that do that. But now Lower Allen said
5 we put this junk here. They had the -- even the windows --
6 we lived in there and Lower Allen knew it, we lived in there
7 with these windows boarded up, that's the big bay window in
8 the back to the patio.
9 Q Let's do them one at a time. The very top
10 photograph on the exhibit, what is that, Mrs. Willier?
11 A Isn't that back -- yes, there's the tree.
12 Q Again, that's --
13 A That's the back patio but it's down because --
14 they threw all this junk out in the yard -- Lower Allen said
15 we did it; we never did that. The guys that came to drop
16 the roof, they just took stuff and tossed it and they were
17 saying, well, Erie will pay you for it. They buried my
18 motorcycle I had out in the snow, they put it out in the
19 snow, it was covered all winter.
20 Q Who was the contractor?
21 A Well, they did work for for Erie.
22 Q Was it that Roger Lauck or somebody else?
23 A No, no, this was -- he's out on Derry Street,
24 see, if I had the papers here.
25 Q If you don't know, go ahead, we'll get that.
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1 What's the second photograph a picture of?
2 A Now, this is the fireplace that come down,
3 knocked the bricks off. This is the window to the you
4 know, the wash section -- laundry room. Then this we
5 lived in this house in pitch black, these big bay windows
6 was all boarded up, that's what the guys that come that
7 worked for Erie did.
8 We only had one way out of that house. Lower
9 Allen, I called them and they were aware of that. They
10 wouldn't condemn the house then, I don't know why they would
11 let anyone live -- that house had holes that big
12 (indicating) in the ceiling above my refrigerator.
13 Q She can't take that down, but I'm guessing
14 that that's about a three-foot diameter hole?
15 A Oh, I don't know, like that, maybe bigger.
16 (Indicating.) But that come down and hit me in the head when
17 I was at the refrigerator, it was right above the
18 refrigerator.
19 Q What's the last photograph on the page depict?
20 A This is pictures where they throwed -- look,
21 now whoever heard of contractors coming in and throwing
22 stuff like that. You would carry it off and set it aside
23 some place, you wouldn't throw it out in the yard, but that
24 was all -- that was after the snow left, it's all this come
25 to surface.
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1 Q I'm going to put 6 on that now and then we'll
2 let the court reporter mark that and I'll make copies then
3 before you leave.
4 (Copies of photographs marked as Plaintiff
5 Exhibit Number 6.)
6 BY MR. MINER:
7 Q Now, after this episode, did you have anybody
8 come out and inspect your property?
9 A Yeah, Mr. Goodling inspected it.
10 Q Mr. who?
11 A Goodling.
12 Q Is that a congressman?
13 A No -- well, I hope he's not related, but
14 anyways, he was with Erie, he was an adjustor for Erie.
15 Q What did he say?
16 A Well, when he first come out, I -- when Mr.
17 Goodling first come out to my home to inspect it, he was to
18 meet with my contractor. I'm sitting there, we're sitting
19 there, it's getting later, I said, I wonder wha; happened to
20 Anthony, the contractor, and he didn't open his mouth. And
21 finally, I'm going to call down to the business and see what
22 happened to Anthony and Goodling says, don't worry about
23 him, he's not coming, I cancelled him.
24 I said, you can't cancel him, I want my
25 contractor here. So I called and Anthony was on -- away to
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1 another job and his wife answers the phone at the business,
2 he told her to call me and tell me that he's going to turn
3 around and come over so he can go around the property with
4 Mr. Goodling.
5 Q Okay, then what happened?
6 A Okay, so they went and Mr. Goodling -- there
7 was that house has got part of a brick wall and then it's
8 windows, you know, and right where the mailbox was, the
9 bricks, it was like it was leaning a little and he said,
10 look, this must have been done before and -- oh, by the way,
11 there's his affidavit. (Hands.)
12 Q Okay.
13 A He said this must have been done before. And
14 Anthony took a card and he slid it behind it and there was
15 no cobwebs or nothing there. He said, no, it wasn't done
16 before, it's clean as a whistle here.
17 So, then, Mr. Goodling, he come and he looked
18 around the house and then he said, well, I seen enough. And
19 then -- and then he left. Okay? So I thought, well, that's
20 it, he's going to pay me. I had all expensive furniture, I
21 didn't have junk. I had a baby grand piano, my coffee table
22 was a couple thousand dollars, it had swords in it with red
23 velvet, the lights and everything was expensive in that
24 house.
25 So he come -- my refrigerator, I paid almost
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1 2,000 for it, it had -- it was a GE two door and it had on
2 this black, what do you call, flexogram -- it looks like a
3 mirror almost. Well, I bought that kit separate to have it
4 put on the doors. And then it had all electrical controls,
5 if anything happened, it showed on a little window thing
6 there, it would say, loss of power or if anything was going
7 wrong with the motor or anything, it showed there, it was an
8 electronic one.
9 In fact, I just contacted them and they were
10 going to send me a picture of that model that I have in the
11 house. But
12 Q I don't want to get too far afield, so between
13 your contents and the house with the roof collapse, did Erie
14 settle your claim?
15 A No, here's what he did, he told Anthony --
16 Q That's Anthony Zehring?
17 A Yes.
18 Q Z-e-h-r-i-n-g.
19 A Yes, that's the contractor. He was out at the
20 car and he said, I'll -- Anthony told him how much damage
21 was to the outside, it was 20,000 like 500 or something.
22 And Goodling stood out there talking to him and he said to
23 Anthony, he said, I hate to pay her a dime but he said she
24 has me over the barrel, she's got the top policy. Okay? I
25 had replacement value on the furniture for what it cost
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today. Okay?
So, he comes in and he tells Anthony he's not
going pay me a dime. Well, Anthony -- he then said send me
an estimate, then he didn't want no estimate, Mr. Goodling,
for the inside, he had -- he told him he didn't even want to
give me the 20,000, but he had to.
o So one thing, to the outside, the 20,500, Erie
paid you?
A That's right, he p&id me for that. I put a
new roof on. Then Lower Allen was going to condemn -- this
is before you probably -- Lower Allen was going to condemn
the house. Well, they never condemned it wasn't fit to
live in it, it had microorganisms.
o Wait a minute, I want to slow down a little
So we got the 20,500 for the exterior of the property?
Exterior.
This is new to me, that's why I want to hear
bit.
A
o
the story.
A That's okay.
o You went ahead and put a new roof on?
A I put a new roof on and I did some other
things around -- then the kitchen, the ceiling come down to
the floor, that big round, I don't know, in diameter, I
don't know what it was.
o
So the roof was finished but you're saying
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that you still had problems inside?
A Oh, the inside WdS the worst.
Q Tell me about that.
A Well
Q Did Erie pay for your contents?
A Yes, nothing, they've never give me a dime.
1
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7 You know why?
8 Q No.
9 A Now you're sitting over here, but this is the
10 truth, I got proof on paper, Tim Russell, he told Goodling
11 that we had microorganisms in that house before the storm,
12 which was a lie.
13 Q Now slow down, I want to get into that too.
14 So you got no payment from Erie on the contents?
15 A Or fixing up the ceiling or all the walls had
16 to be tore out.
17 Q Now, let's go into this thing, because you
18 mentioned twice, tell me about these microorganisms.
19 A Okay, in June of '94 Lower Allen was going to
20 condemn that house -- wasn't it?
21 Q I'll take it one step at a time. You
22 mentioned the microorganisms.
23 A Okay.
24 Q Did you have a biological inspector?
25 A Yes.
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1 Q Do you know who that was?
2 A We wanted Erie to get someone to inspect that
3 house, you know, for microorganisms, they wouldn't do it.
4 Q Explain to me why do we have a problem with
5 these microorganisms?
6 A Well, they're dangerous, didn't you ever hear
7 of them? Here. (Hands. )
8 (Letter dated 1/3/95 from Environmental
9 Associates, Inc. marked as Plaintiff's Exhibit Number 7.)
10 BY MR. MINER:
11 Q I've been handed a paper, and it's a letter
12 from Katherine H. Baker, Ph.D., dated January 3rd, 1995 and
13 she says that she came out to your house about October 13th
14 of 1994; is that true?
15 A Correct.
16 Q And she found a variety of microorganisms.
17 And I'm going to make this an exhibit, I'm just going to put
18 a pencilled 7 on there for now. If you can tell me now --
19 again, you don't have to read from the paper, Mrs. Willier,
20 tell me what Ms. Baker, the biologist told you.
21 A Well --
22 Q Do you need a break?
23 A She told me I had to leave the house, that it
24 wasn't fit to live in, if we lived in it, we'd get sick.
25 And Goodling wouldn't put us up at a hotel and we had
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1 coverage for a year with that company.
2 Q Why did she say you couldn't live in the
3 house? Because of the microorganisms?
4 A If you read, these microorganisms and what
5 they do to human people. Look, if you ever get a chance,
6 look them up and read how dangerous they are.
7 Q I'll quote from her, is this what she told
8 you:" Prolonged exposure to these microorganisms can pose a
9 significant health hazard to the occupants. On this basis,
10 I would recommend that they not continue to live in the
11 house. "
12 A That's it, that's what she told me.
13 Q That's when you left your home?
14 A I lost everything I had. My husband died, I
15 don't have no persons helping me or nothing, everything's in
16 the house.
17 MR. MINER: Do you want to go off the record
18 for a minute, take a break.
19 (Pause.)
20 BY MR. MINER:
21 Q Now, when we went off the record you told me
22 about this Katherine Baker, Ph.D. had asked you to leave
23 your property?
24 A Yeah.
25 Q This is January of '95, go from there.
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1 A So we told Erie. And Erie, for some
2 reason and then I found out later what contributed to it
3 was Lower Allen. Why Lower Allen went and told Erie
4 Insura~ce that we had microorganisms before, they never sent
5 anyone -- no way did we have microorganisms. They come from
6 a wet house, wet plaster and, when a house gets wet, if you
7 don't fix it right aways, it turns into microorganisms,
8 that's what it is.
9 Q And nobody test~d your property for
10 microorganisms until --
11 A Katherine Baker did in October.
12 Q So it never was tested before that?
13 A No, Erie wouldn't pay.
14 Q This was all after this water from the snow
15 and ice came in your home?
16 A Yeah. Well, then, Lower Allen, they said
17 Lower Allen told them the house was built wrong, that the
18 one beam was short. Now, why would they go telling an
19 insurance company that? If that was the case, every house
20 on that block would be built wrong. That house was not
21 built wrong.
22 Q Who said that now?
23 A Tim Russell. Here, here's the letter I wrote
24 to them, read it. (Hands. )
25 Q I don't want to make that an exhibit.
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:
1 A But I want you to see it.
2 Q You go ahead --
3 A Here is one from Shields, that was our lawyer
4 at the time -- what's his name now, wait. Tim Russell
5 told our attorney that. Now, why would Lower Allen be going
6 around telling this stuff when it's all lies. They had a
7 vendetta of some kind on, I don't know why, because I always
8 tended my own business.
9 Q I'll just note on to the record it's a letter
10 from Charles E. Shields in Mechanicsburg and he's writing to
11 you and your daughter, Darlene Masiello, on August 8th, 1995
12 regarding this microbiological report.
13 A Yeah.
14 Q So now we have the microorganisms problem and
15 Ms. Baker has advised you to leave.
16 A Yeah, well --
17 Q Then what happ~ned with the insurance claim?
18 A Well, he wouldn't pay to put us up because
19 Lower Allen was stuffing his head. He felt like he was
20 riding high, because if you was -- if you was an insurance
21 company and someone in the township would tell you, well,
22 that person's house had microorganisms and all these lies
23 they told Erie -- which we can prove, I'm thinking to
24 countersuing them because we can prove -- we got -- when
25 Darlene represented me in the courts she got all Erie's file
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1 that Lower Allen never dreamt that would come into our hands
2 and we got all this stuff, what all the dirty work that
3 Lower Allen did against me.
4 Q What I think you're saying -- I don't want to
5 put words in your mouth, I'm trying to summarize this --
6 that Lower Allen somehow
7 A Caused me the problem that I didn't get paid
8 for this house, in my opinion.
9 Q All right, let me take it one step at a time.
10 Your theory is that someone from Lower Allen told Erie's
11 adjustor that these microorganisms were in your home before
12 you had everything wet?
13 A Correct, and he told Shields that.
14 Q And Shields was your lawyer over in
15 Mechanicsburg?
16 A That was my lawyer, yes.
17 Q Since that time, then, Erie Insurance hasn't
18 given you any settlement for your contents?
19 A No, because they -- evidently they believed --
20 now, wait, then afterwards Erie gets a man from -- oh, yeah,
21 Erie got a structural engineer after Lower Allen told them
22 the house was built wrong and the structural engineer -- I
23 think his name was Smith -- excuse me, it was Miller.
24 Q Did he prepare a report, the structural
25 engineer?
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A Oh, yeah.
Q Do you have the report with you?
A No, I didn't get it, because it was Erie's
report, they paid for it.
Q Do you know what happened
A Now, he told me out front before he left,
he oh, you got it. (Hands. )
Q Miss Willier, can I make this an exhibit, too?
A You can make a copy for yourself now.
(Letter dated 11/7/94, Miller to Goodling
marked as Plaintiff's Exhibit Number 8.)
BY MR. MINER:
Q This will be Plaintiff's Exhibit 8. Just so I
understand, it's a letter of November 7, '94 to this Gerry
Goodling at Erie, and it's from a W. S. Miller, IV, he's an
engineer from Harrisburg.
A Yes. That was after that the lady said it was
contaminated, that happened after that, and I made him sign
a release when he went under that house that he could not
come against me if he got contaminated because we were
warned no one should be going down in the crawl space.
Q That's where Mr. Miller went to check the
structure?
A
first.
After, yeah. And he -- he wouldn't sign at
Finally I said, look, if you want to come in the
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1 house, you're willing to come in, but you got to sign a
2 release and then he signed it.
3 Q What did he say about this contention that
4 there was building problems in the house? What did he tell
5 you outside?
6 A There wasn't -- there wasn't nothing wrong
7 with the beams, nothing ailed that house, he didn't see
8 that. But Lower Allen told them -- Gerry Goodling this.
9 Q We'll take that report, Plaintiff's Exhibit 8,
10 I'm going to give them back to you.
11 A That was a lot of work we had done because,
12 when I bring suit against them, I'll need all these papers.
13 Q I'm going to give you a set of all the
14 exhibits that I have when you leave today, but that one we
15 just had, I want to make sure we put a sticker on it so I
16 can get that labeled and I'll make copies and give that back
17 to you.
18 A Wait a minute, hold on. Do I want to give
19 them to you?
20 Q I'm saying, if you're not going to give them
21 to me, I don't want to make them part of the deposition,
22 because I'm trying to make a record here identifying these
23 documents. If you don't want to give them to me, that's
24 your prerogative, I didn't request them.
25 A I know Darlene brought them.
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1 0 That's right, Darlene brought them. If you're
2 not going to make them part of the record, then I'd ask --
3 A I don't care if you have them or not because,
4 when I sue them, them papers will hold weight.
5 0 I just want to get this one I marked 8, then
6 we'll go forward.
7 A We have a letter about Tim Russell, you know,
8 about with the report, but Darlene couldn't find it because,
9 when you're going on like three years with the house, you
10 got a lot of papers compiled.
11 0 Let me go back through, again, since we
12 covered a lot of ground already, I want to summarize some
13 things. Mrs. Willier, just so I can get back to where we
14 jumped off the track here. With regard to 1388 Lowther
15 Road--
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24 even get us out of that houae when we sat over a gas line
25 and a beam that was that far from dropping on it.
A Yeah.
0 -- in Lower Allen, do you admit that the house
was unfit for human habitation?
A Their lawsuit says it is.
0 What do you say?
A Certainly, we told them that.
0 Told the township?
A We told the township. The township would not
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1 property at 138B Lowther Road, we covered that.
2 A And Lower Allen wants it for a dollar. Why
3 would you want a biological waste site? Then they want the
4 heirs to sign off.
S Q In paragraph 7 you admitted that the premises
6 is unfit for human habitation.
7 A Yeah, because Erie's -- Erie said it in their
8 lawsuit. The report from the man said everything had to be
9 carried out and boxed.
10 Q Let me just go through this with you one more
11 time. And in paragraph 7(b) is where this thing comes in
12 and it says: "If the whole premises and the ground is a
13 biological waste site, what is, the west side of the
14 premises, deteriorating from." That's your words.
15 A I said what -- let me see that. It's
16 deteriorating, the west side that was found outside of the
17 house, the microorganisms.
18 Q They're on the outside of the house, too?
19 A That's right.
20 Q If I can, I'm still referring to your answers,
21 which is labeled as Plaintiff's Exhibit 2.
22 A Any answers there we had paperwork when I
23 typed that. Oh, yeah, that deterioration means stuff
24 falling down the house, like the ceiling and the walls, the
25 plaster coming out, that type of thing.
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1 Q And then in paragraph 7(f) it says:
2 "Defendant agrees the microorganisms present inside the
3 premises did and does pose a significant health hazard to
4 defendant and daughter."
S A But Lower Allen wrote letters to all the
6 people over there that nothing ails that property, that
7 they're safe, they have nothing to worry about, that house
B is not contaminated.
9 Q If I can jus t --
10 A But your lawsuit says it is.
11 Q Ma'am, again, I want to answer one question at
12 a time. I'm just asking you, this particular paragraph
13 A Don't you do this when you get in court?
14 Q Ma' am?
IS A I thought this is for court.
16 Q That's what we are doing today so we can
17 hopefully not have you back at a trial. I'm just reading
18 from your answer, it says: "Defendant agrees that the
19 microorganisms"--
20 A That's right.
21 Q - - "present inside premises did and do pose a
22 significant health hazard to defendant and daughter."
23 A Yes, and it caused us something, that's right.
24 Q And you admit that statement?
2S A Well, I'd have to be crazy if I didn't, the
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1 people that examined the house said it.
2 Q Paragraph B says: "Plaintiff is aware
3 defendant cannot reside in the premises and plaintiff has
4 known this since October 1994."
S A They did, Lower Allen knew it.
6 Q It says: "Defendant was relocated January 9th
7 of 1995, based upon a certificate by Dr. Katherine Baker,
8 Ph.D., that the premises was unsafe to live in, and that the
9 house was too bad to be repaired and should be gutted."
10 A That's right.
11 Q And it also says: "Plaintiff knows that the
12 premises cannot be fumigated and repaired."
13 A That's right, any stupid person would. I mean
14 I'm an old lady, 77, and smarter than -- I'm not that dumb.
IS Lower Allen told us we had to put jacks and repair the
16 microorganisms. You can't repair -- only an idiot would
17 make that statement, you can't repair microorganisms, that's
18 like a fungus and all. How do you repair a fungus?
19 (Letter from Willier to Lower Allen Township
20 marked as Plaintiff's Exhibit Number 3.l.
21 BY MR. MINER:
22 Q Let me show you another document, if you
23 could
24 A Any of my documents are true and I got the
2S proof to back it up.
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1 Q That was Plaintiff's Exhibit Number 2. I have
2 before you Plaintiff's Exhibit Number 3. Can you identify
3 that, Mrs. Willier?
4 A Yeah, that's my typewriting, I know my
S typewriter, how it prints, that's -- I wrote that.
6 Q This is a letter that's dated July 13th, 1996
7 from yourself co Lower Allen?
8 A That's right. I want to ask you one
9 question
10 Q If I may, just so we can cover this, I'm not
11 trying to belabor, but in this particular document you also
12 indicate about seven rafters being broken
13 A That's right.
14 Q -- collapsed porch roof and the other damage
IS caused by the snow and the storm?
16 A Correct.
17 Q And you also made reference again about
18 repairing or correcting the problem with the microorganisms?
19 A Yes. How do you do that; that's what I
20 referred to, right.
21 (Letter from Willier to Wrighcstone marked as
22 Plaintiff's Exhibit Number 4.)
23 BY MR. MINER:
24 Q I'm going to show you another one, if I may,
25 this one is marked as Plaintiff's Exhibit Number 4. Will
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1 you identify that for me, Mrs. Willier?
2 A I know that's mine.
3 Q Again, take your time.
4 A Let me see this here, Exhibit 4, because
5 anything I sent in I got backup for. That's based on
6 Rossnagle's report.
7 Q Just one thing at a time. First of all, it's
8 a letter to Lower Allen from yourself.
9 A Yeah.
10 Q And it appears to have been received by the
11 township on July 14th, 1997, and you dated it July 9th of
12 '97. You need to answer so she can take it down.
13 A Oh, what did you say the first date was?
14 Q First of all, is that your that signature?
IS A That's my signature and that's the date.
16 Q The date is July 9th, 1997?
17 A Correct.
18 Q Now, on that particular document, Plaintiff's
19 Exhibit 4, you said that you were evacuated from your house
20 on January 9, 1995 due to high levels of a variety of
21 organisms?
22 A That's correct. Our eyes swelled up and
23 everything in that house, and I got an attack, that's how we
24 really I run out the front door, I couldn't breathe, and
2S I told my daughter, come on, you know. And Darlene didn't
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1 come right away. I, said if you want to stand there, in
2 them conditions, you know, I'm getting out of this house, I
3 went to the car.
4 And Darlene eyes swelled up bad and she had a
5 lot of congestion. When we was in that house we had coughs,
6 we coughed all the time, that house was'so dangerous. Then
7 I told -- I told Lower Allen, why don't you condemn the
8 house. You know why Lower Allen didn't condemn the house?
9 Because Lower Allen, if they condemned it, would have to pay
10 me market value for that house.
11 Q I want to finish my exhibits, hold that
12 thought, I want to cover that as well.
13 A Okay.
14 (Letter dated 12/12/97, Willier to Lower Allen
15 Township, marked as Plaintiff's Exhibit Number 5.)
16 BY MR. MINER:
17 Q Let's get through the rest of the exhibits. I
IB have before me Plaintiff's Exhibit S. Can you identify
19 that, Mrs. Willier?
20 A Yeah, that's mine. My signature is there,
21 isn't it?
22 Q Again, it's a letter from yourself to Lower
23 Allen Township?
24 A That's right.
2S Q And this one is dated December 12th of 1997?
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1 A Whatever it says.
2 Q That's your signature?
3 A That's my signature.
4 Q On this particular document we're again
5 dealing with this contamination problem, and I believe this
6 dealt with a problem with the lawn mowing outside and the
7 soil being contaminated?
8 A Correct.
9 Q It's your contention that the soil is
10 contaminated?
11 A That's right. I don't know why they never
12 sent anybody in that back yard and all to check to see if it
13 was contaminated. They never hired no one -- Rossnagle said
14 it was contaminated outside the house.
IS Q Just slow down. I don't know if I want to
16 make this long thing an exhibit.
17 A That's his report.
IB Q This is W. B. Rossnagle and he's with WBR
19 Engineering, Incorporated?
20 A Correct. Darlene found Rossnagle and Erie
21 wouldn't give pay for him to come in. Under the
22 insurance I had, they should have paid for him. So then,
23 instead, they get him to do a report for them. Now, the
24 report -- that is a bias report, that's not true.
2S He said someone did a job in the toilet and
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1 all, didn't flush it; no way, we didn't live like pigs and
2 the water was turned off for I don't know how long. Yeah,
3 then the house was ransacked and he said we got
4 microorganisms from poor housekeeping; unbelievable.
5 Q So you dispute the results of this report?
6 A I know I dispute it. You know what, he made a
7 remark, there were three cans of Coke on my round table in
8 the living room, I had like, you know, a big glass round
9 table, and he had said he made a mistake, he got -- he
10 should have got the numbers off the cans to see the last
11 time someone was in that house, what the date was. And then
12 he said -- the leak and then he said some -- it looked like
13 someone took a sprinkling can and sprinkled the clothes and
14 made them wet.
IS Well, it would have had to got wet from the
16 wet roof because no way -- I'm not an idiot, I only wanted
17 paid what they owed me, I didn't fake stuff in that house.
18 Just like I didn't have no pots and pans and stuff on the
19 sink. He's got pictures of pans on the floor and on the
20 sink, which was never there when I left that house, all the
21 dishes was done.
22 Q Just so I'm clear. I mean I don't want to go
23 through this line by line. You don't dispute that the house
24 has microbiological contamination?
25 A We knew that, yeah.
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1 Q That's what Mr. Rossnagle is saying. What do
2 you dispute, some of his comments?
3 A Oh, stuff that he said. Now, he's an elderly
4 man, what he did my husband, he had trouble breathing and
S I bought him one of those riding mobility machines, and I
6 had that in the hallway, and I had -- I had got ready to
7 take some clothes and I put it over there. I don't know if
8 he piled stuff up, who did it, but it wasn't like that when
9 I left the house. And he said -- that man said that that
10 mobility rider was a table.
11 Q Again, I don't want to get into those kind of
12 things he --
13 A Oh, I'm saying the man -- you can't -- that
14 report, you got his report, get it out, tell me on the
15 record where he says everything has to be carried out of
16 that house and put in containers, that's how dangerous it
17 is. It's in there.
18 Q Let's look at that. You don't disagree, he
19 says that this house is unfit for human habitation, you
20 don't disagree with that?
21 A My God, who would ever -- we knew that before
22 he made the report when Darlene hired the woman.
23 Q That's what I don't understand, \~hy do you
24 disagree with his findings then?
2S A lain' t disagreeing with his findings. I'm
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1 disagreeing what he said about the house when he was in
2 there. I think the old man messed up the house or someone
3 broke in and ransacked the house, no one lived there, that's
4 the part. I'm not disagreeing on the microorganisms. I'd
S have to be a lunatic. I'm well aware -- Darlene found out
6 first.
7 And that statement he made that it come from
8 bad housekeeping, that didn't come from bad housekeeping, it
9 was proven it come from the storm because they had
10 contractors in there and said all the walls had to be
11 replaced in that house because they were -- you know, they
12 wasn't that board -- they were plaster and they were all
13 contaminated and wet, that they would have to replace all
14 the walls. I'm not disputing -- but you don't read that
15 part where you're running away from the part.
16 Q What I'm saying is -- I'm not arguing with
17 you
18 A I'm not arguing with you.
19 Q I want you to tell the truth. Your big
20 dispute with Mr. Rossnagle is his comments about your
21 housekeeping?
22 A Oh, yeah, that's right. But then, what Erie
23 did, which was against the law, when he got his report and
24 they give his report to us that it was outside of the
2S property, they had -- they made a notation that we was not
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1 allowed to let anyone know this, that we couldn't talk to
2 anybody about this here being outside of the house. In
3 other words, they didn't want the neighbors to know it was
4 outside the house, Erie.
S Q Let's shift gears, because you also raised
6 another point that was kind of interesting. You said the
7 township wants to condemn that property --
S A They should have condemned it.
9 Q But your words were that the township didn't
10 want to pay fair market value?
11 A I said they didn't do it because, if they did
12 it, they have to pay fair market. When anyone condemns a
13 house, they got to give the owner fair market value of that
14 house.
IS Q In its present condition, what do you think
16 the house is worth?
17 A I ain't worried about the present condition.
18 That house got in that condition through Lower Allen lying
19 to Erie. Erie didn't fix it. I wouldn't take the blame of
20 the microorganisms. That house is so contaminated now,
21 that's a biological waste site right now.
22 And why would Lower Allen want me to sign a
23 deed over to them? They filled out a deed and mailed it
24 down and wanted me to sign it for a dollar and have Darlene
2S sign off on it. What did they want to do with a biological
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waste site?
cause it.
Q
A
Q
A
I didn't
3
Let's do that. Would you be willing
17
A
Cumberland County.
18 Q In Carlisle?
19 A That's right. There's not a judge up there
20 fit to hear my case, I can tell you.
21
Q
You understand that the judge that will hear
22 this case is in Cumberland County?
23 A I know that and I have plans for him because I
24 want him to step down because I -- he had problems when my
2S son-in-law was hurt, he did dirty to him, and I was at the
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1 trial and I told him off, so he has no love for me, that man
2 cannot judge that case. When I go back home, I'll write the
3 letter to him.
4 Q Let's go i.nto that a little bit, if you want.
S The case against Erie is now -- you loot your trial?
6 A You know why? Let me tell you why. It was
7 crooked. That judge, everything that lawyer said, he
S granted him. When we wanted anything, he -- one time he
9 might have give us something. Okay?
10 Q Was there a jury? Was it a jury trial?
11 A I wanted a jury trial, but they didn't want us
12 to get to a jury. Would you want -- if you was them
13 people, would you want to get me in front of a jury?
14 Q I don't want to comment, r don't know the
15 facts of your case. In any case, the judge found against
16 you?
17 A No, here's what it was. Erie didn't answer all
IS our questions, so they asked us the question, they wanted to
19 know certain questions. It was not even pertaining to
20 anything with the house. And then they wanted to know if I
21 ever -- anyone ever got an insurance policy, which was none
22 of their business. We're in about the house, what business
23 is insurance money? Not Erie insurances, they wasn't
24 talki.ng about. Yeah, life insurance.
2S Q Let me just -- so did --
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1 A All right, now wait
2 Q Let me just give you the whole list, though.
3 What has Erie paid you other than the original 20,000
4 dollars?
5 A That's all.
6 Q That trial resulted in no additional judgment
7 against Erie?
8 A No. If I had a jury trial -- I wanted a jury
9 trial on the paper. Now, everyone in the United States
10 I had three husbands that fought in the war; right?
11 Q All right.
12 A I was divorced. So, everyone of them went to
13 war and fought for this country. They fought for this
14 country to do this kind of stuff to me? They fought in vain
IS when they let crooked work like this go on in the justice
16 system. Because, I'll tell you, I should have had a jury
17 trial. It states in the book, every American is allowed to
18 have a jury trial. But this judge, Oyler, yeah, Judge
19 Oyler, it was dismissed, he dismissed it on a technicality.
20 Q Again, I --
21 A All right, I can open it up on Erie in the
22 federal courts.
23 Q But you didn't get to collect anything down in
24 Cumberland County?
2S A What I would be collecting if they throwed it
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1 out?
2 Q I'm just trying to summarize.
3 A Well, I mean --
4 Q Are you pursuing a federal case against Erie?
S A Well, we're -- we contacted a Senator in
6 Washington and he said there's something going on, it's
7 not -- I told him like I'm telling you, and he said that's
8 the worst case he ever heard of. He never heard a woman,
9 77, to put the screws to her like they put it to me. He
10 said he can't understand that. He can't understand a judge
11 throwing it out on a technicality. We should have got to
12 the jury. I wanted the jury to decide.
13 Q What was the technicality?
14 A That question about life insurance.
IS Q Have you filed a complaint with the Insurance
16 Commission?
17 A Yes, we did, you know that.
18 Q Is that matter still pending?
19 A Well, we're still -- I'm going after them
20 again, that's pending, believe me.
21 Q But the commission --
22 A You see, Darlene put --
23 Q But you
24 A Darlene worked for the government, she was --
25 she was the main instrument that put Guida and the insurance
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1 commissioner in jail, the crooks only got six months -- the
2 poor drug addict, they throw the book at them -- but, since
3 they were higher up, they got six months up in the
4 penthouse. And that's why the insurance companies never
S took -- tried -- they're punishing me for what Darlene did,
6 in my opinion, because Darlene -- they know Darlene put
7 Henry Barr behind bars for drugs.
8 Q But now the Insurance Commission hasn't gotten
9 any more money out of Erie for you either?
10 A No, no.
11 Q What is your intention out there? Are you
12 going to repair the property?
13 A I don't have any money. Lower Allen screwed
14 it up for me when they lied.
15 Q Besides that because I want to try to lay
16 this out for the judge --
17 A What judge? How are you laying it out? Am I
18 going to be there when you're laying it out?
19 Q If we get to trial, you will. But I just want
20 to understand what you want to do here. You're not willing
21 to sell the property or would you give the property to Lower
22 Allen Township?
23 A Would you give your property to Lower Allen?
24 Q What would you like? How do you want this to
2S resolve?
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1 A What would you like if you was in my shoes?
2 If you was 77 and living on a fixed income, what would you
3 like when everything you owned is left in that house behind
4 due to Lower Allen telling Erie that that house had
S microorganisms and was built wrong?
6 And I got a paper, so I want a ju~y trial
7 because, when the jury sees the papers that Lower Allen said
S it in black and white, no jury is going to rule against me.
9 They know who caused the problem. Why did Lower Allen get
10 involved? They're only a township, why do they have their
11 nose in insurance company and my business? That was between
12 insurance company and I. If it was the truth, it would have
13 been different, but they lied.
14 Q We've done that already. What are we going to
IS do, now it's 1995, the property --
16 A Well, it's 1998 and they ain't getting my
17 property. I just called like I say, I'm working with the
IS EPA, they're going to check things out. There's going to be
19 an investigation in this whole thing because Washington said
20 they never heard of such a thing in their life, what Lower
21 Allen done.
22 Q So, at this point, you have no plans to clean
23 up the property?
24 A No, they did it.
2S Q Just answer my questions. I want to get --
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A If I get my money, yes, I'll clean it up.
Q Right now you don't have any settlement in
A I don't have no money to clean it up. I bet
you couldn't even clean that up. Do you know how much it
costs to clean that up?
Q How much?
A Why would they want a deed? That property you
can't build on an~nore. If you -- did you read the -- that
man from New Jersey, did you read that whole thing, his
whole report?
Q Yes, I did.
A All right, now, what do you think? You're
educated. What does that man mean when he says everything
must be carried out and put in something? And he was
worried because I had some nice things in there, that one of
the workers might take one of them contaminated things home
with him.
Do you recall his estimate for the cleanup
Q
costs?
A Well, I don't know what -- yeah, Erie
concealed that and Lower Allen never give me one. Why don't
Lower Allen get someone to go in there and check that ground
and all? You can't -- you can't sue a person for a
biological wasteland and then want the deed to the house and
the ground. For what? None of that is worth nothing, not a
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1 dime.
2 Q So the property is not worth anything?
3 A Well, no, the property ain't worth anything
4 do me a favor, if you ever get near a library, look up some
5 of them things, you can make a copy, how dangerous they
6 are. You know, six children down the street -_ in what
7 town -- let me think -- in Cleveland, Ohio, died. The
8 wind shifted one of these that's in that house down the
9 street and six infants died from it, they hemorrhaged in the
10 lungs.
11 Q How recently was this?
12 A Well, I don't know, maybe a -- two years, two
13 years ago, it was on TV.
14 Q One other thing I wanted to ask you, besides
IS the house itself, there apparently is an automobile left at
16 that house?
17 A Yes, that is there, that's contaminated, too.
18 If the outside is contaminated alongside the house, r can't
19 take that car nowhere, it has to be hauled off.
20 Q Would you let the township dispose of it for
21 you?
22 A No, not until everything gets disposed of, not
23 pick one item. That car is not hurting nobody. It's the
24 ground, it's contaminated like everything else.
25 Yeah, to begin with, if we go into court with
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somebocy else's -- like this man they're basing their case
on, he did that for Erie. See, if Erie and them wasn't
chummy to have -- say that my house was built wrong and it
had microorganisms before, so they were just like that.
(Indicating.) That made Erie happy. So Erie gives them
their man's report, which is unusual. Lower Allen, by law,
should have a man go in on their own, hire their man to go
in and see if that is true, that it's on the outside.
He sent a man in there cutting grass. I
wouldn't send nobody in. I couldn't go cut that grass, I
was allergic to the microorganisms from being in that house
and I wouldn't send a stranger -- I wouldn't send a dog on
that grass, let alone a human.
Q I heard that already, back to the automobile.
You wouldn't give title to the automobile to the township --
A No, I wouldn't give title to the automobile.
Q -- to dispose of it? Apparently there's a
boat on the property also. Can--
A Hold it, they can't -- they can't dispose of
nothing. It's a biological wasteland, that boat has to be
broken down and put in containers. If you read -- do me a
favor, get a book on biological wastelands, like Love
Canal. Remember that?
Q
A
Yes.
The Love Canal, that's the same situation as
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1 that house.
2 Q Mrs. Willier, again, assuming that the
3 township would take care of the cleanup for the house, the
4 car and the boat, would you title those items over to the
5 township?
6 A They -- I'm not going to let them get rid of
7 it because everything is getting rid of they're going to
S dispose of everything, the whole house, all my contents is
9 destroyed in that house. So, don't worry about a thing like
10 a car and a boat, the main thing is my -- my furniture and
11 all .
12 Q All that is contaminated also?
13 A That's it. So is the car. Let them test it,
14 Lower Allen, go back and tell them, Mrs. Willier said let
15 them -- send someone out and test the car and boat, if it's
16 contaminated.
17 MR. McCLOSKY: We just want --
IS MR. MINER: You'll make it more confusing.
19 A No, I don't want get confused.
20 MR. MINER: I want to close the record now
21 because I asked all the questions that I need to. I want to
22 make sure that we have the eight exhibits that I want to
23 have marked. It's now about three o'clock, I'd like to wrap
24 up this deposition.
25 (The deposition was concluded at 2:SS p.m.)
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1
STATE OF PENNSYLVANIA
ss.
2 COUNTY OF DAUPHIN
3
4 I, Helena L. Bowes, RPR, a Reporter
5 Notary-public, authorized to administer oaths within and for
6 the Commonwealth of Pennsylvania and take depositions in the
7 trial of causes, do hereby certify that the foregoing is the
8 testimony of FLORENCE WILLIER.
9 r further certify that before the taking of
10 said deposition, ths witness was duly sworn; that the
11 questions and answers we~e taken down stenographically by
12 the said reporter Helena L. Bowes, RPR, a Reporter
13 Notary-Public, approved and agreed to, and afterwards
14 reduced to typewriting under the direction of the said
15 Reporter.
16 I further certify that the proceedings and
17 evidence contained fully and accurately in the notes by me
1S on the within deposition, and that this copy is a correct
19 transcript of the same.
20 In testimony whereof, I have hereunto
21 subscribed my hand this 20th day of August 1998.
22
23
24
25
My commission expires:
March 6, 2000
~ o/~<=:
Helena L. Bowes, RPR
.UIGER a LORIA REPORTING SERVICE. 2408 PARK DR. SUITE B. HUG" PA 17110 711""1-I!508 OR ,'800'222''''71
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IN THt COU'IlT OF COf//IlON PltAS
CUf/BOllAND COUNTY, PUNSYlVANIA
CIVIL ACTION- tQUITY
NO. 96-6146 Tt'llf/ 1996
:
lOWE.'Il AllU TOWNSHIP
PIa in till
:
v.
:
FlO'llUCE. 'fl. WIllIE.~
PItO S...
:
:
D...f"'/lIJant
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.
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.
.
.
OtFUDtfNTS ANSWllU TO PLAINTIFFS
CIVIL ~CTION-E.QUIT!J N6. 96-0/46
w gu'IlY T'IlIAl Dl!IANOtDw
O...f...nd.ant, Floltt!./lc... Willi...lt, a '-t!.Aid....nt of f/altvland., aM4W...1t4 tA...
co.plaint a4 '0110w4 :
! . Ad.. Ltt...d. .
2. ~d..itt...J.
]. AJ.itt...J anJ D...ni...J. O...It!./ld.ant, Floltt!./lc... Willi...It, wa4 anJ i4,
tA... own...1t of tA... pltOp...lttv at' 1388 lowtA...1t 'RoaJ, lowelt All...n Town4Aip ,
Cu.h...ltlanJ Countv, Pt!./ln4vlvania.
AJ.i.tt...J and. Dt!./li...J, to Plaintiff. 4tatUCt!./lt Quot...: At all tl.-t!.A u.lev-
ant A...lteto. Plaintilf. fail to 4tat... a Jate tAat i4 Itelevant A...It...to ,
40 Defend.ant can an4welt tA... qut!.Ation pltopeltlV , and. cl...altlV to know
wAat ti.... i4 con4iJelted. Itelevant.
,
4. Dt!./li...d.. D~fend.ant , leel4 Plaintifl faileJ to 4tate a plteci4...,
ti.... in tA... pa44ed., anJ feel a Jate i4 ne...Jed. to lullv an4Welt Plaintilf
qut!.Ation , witAout Plaint ill 4tatin~ a plteCi4... Jate, tAi4 qut!.Ation i4 ,
40 hltoad. tAat it i4 Je/ectiv... in natulte. Oeft!./lJant can an4w...1t tAat I ,
wa4 n...velt n...~li~t!./lt, and. .aintained. tAe pltUCi4t!.A in 4ucA a .ann...1t to con-
4titut... a Puhli.c Nui4ance, p...1t 4"', and. a u..inent and. iltltepalta61... Jan~elt
anJ AalaltJ, to Pu61ic H...alth, 4aletv, anJ welfalt... 01 tAe 4ultltound.in~ ne-
PLAINT1FPS
EXHIBIT
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i,660A600d, and coamunitv in D~/~ndant opinion, thi~ a60v~ .~ntion-
~d, aAAav of pA06L~~, wa~ cau~~d 6v t6~ Plaintiff and th~ lAi~ In~uAanc~
l~chanf~-ln~uAanc~ co.panv-lAi~ In~uAanc~ ~AOUp.
5. DLni~d, A,ain Plaintiff fail to ~tat~ a ~p~cific ti.~, and D~-
f~ndant~ DGMAND th~v do ~o. D~ni~d. Th~ pA~i4~ , 6av~ not 6~Ln .ain
-tain~d and ~~pt in 4uch a .ann~A a4 to con4titut~, a ~~AioU4 halaAd, to
t6~ h~aLt6 and 4a/~tv 01 th~ D~f~ndant, and th~ pu6Lic 6~cau4~ it i4 in ,
an un4anitaAV and d~!apidat~d condition. PLaintill,'aiL~d to cUnd~n th~,
pA~i4~ , and pAOt~Ct th~ D~f~ndant4 6~aLt6 and ih~ pu61ic 4af~tv, afain
PLaintiff and lAi~ In4uAanc~ Co.panv , etc., .~A~ at fauLt in cA~atint thi4
4ituation You 60th .eanin, PLaintiff and lAi~ In4uAanc~ .~A~ a.aAe of
~.
th~~ condition4 , in Lat~ Oct96e~ ]1, 1994, and PLaintiff couLd 01 COn-
d~n~d th~ pA~i4~, OR 6Aou,ht 4uit afaln4t lAi~ In4uAanc~ COMPANY TO
C01l'illCT THl P'il08lGMS.,AS I HAD HOf4lO'IINl'RS INSU'RANel THl TOP OF THl lINl.
,
At know ti.~ wa4 d~fLndant n~fLifLnt.
6. Ad.itt~d in paAt, DLni~d in paAt. D~fLndant ha4 no contAoL of ,
01 the nuaeAOU4 oAdinance vioLation4, and in fact ha4 paid hUndA~d4 01 ,
doLLaA4 to th~ Di4tAict fU4tice, and had had 4~v~AaL A'R'illST 'IIA'R'RANTS ISS-
UlIJ, 8lCAUSl OF ,.LAINTIFF. .FO'il O'RDINANel VIOLATIONS, ON A 8IOLOHCAl 'IIAS-
Tl SITl . PLAINTIFF FAllllJ TO CONDGMN THl P'RllllSlS, IN NINlTTlN NINlTY FOU'R
O'il FIll SUIT' . A~AINST l'RIl WHO /VAS THl INSU'Rl'il OF THl I''RGMISlS.
7. Ad.itt~d and DLni~d. D~I~ndant ad.itt4, the pA~i4~ i4 u~fit lOA
Hu.an Ha6itation, 6ecaU4~ PLaintiff 'aiL~d to do theiA j06 COAA~CtLv, and
tAi~d to inlLuLnc~ lAi~ In4uAance , and DelLnlant~ fOA.~A AttoAneV4 6V teLL.
in, th~ th~ hou4e .a4 6uiLt .Aon" and it .a4 contaainat~d .ith AIC'llOO'll _
~ANISAS, 6~foA~ th~ fanuaAV 28, 1994 ev~nt..
a. DLnied. D~fLndant ha4 6~Ln chaA,e and ha4 paid th~ Di4tAict fU4t-
ic~, fOA ~Aa44 and .eed cuttin,
(02 )
--..
...""
a. Defendant wa~ned Plaintill, that not onl~ the p~~i4e4 we~e Riolo~i-
cll, ContaMinated, 6ut the 40iL out4ide wa4 aL40 ContaMinated, thu4 PLain-
till 4ent 40Meone to cut the ~~a44 with 'ull ~nowLed~e that the ~~ound wa4
ContaMinated, and it p04ed u dan~e~ to the pe~40n o~ pe~40n4 Health.
6. D~ied. COMplaint i4 va~ue and '~il4 to 4tate what i4 dete~io~atin~
and on what date Plaintill di4cove~ed thi4.
II the whole p~~i4e4 and the ~~ound i4 a 8IOlO~ICAl WASTl SITl, what i4,
the IIIe4t 4ide 01 p~~i4U dete~io~ating.,llip.....,.
c. Defendant ha4 Long. Maintained and PLaintiff ~new even the 4ide waLk4,
we~e ContaMinated. PLaintifl (aiLed to p~otect the Defendant and the ~en~'
6
uaL Pu6Lic, 6, not lVACUATINfi , and CONDfjllNINfi, and 1//JPINfi the tf1llA OFF,
with p~ope~ wa~nin~ 4ig.n4.
d. Denied. Defendant Jidnot th~ow de6~i4 '~oM 4now daMa~e out4ide into,
~a~d. PLaintiff faiL4 to 4tate w~at the, call de6~i4. Both l~ie paid to ,
have l.e~g.enc, ~epai~4 and ne6~i4 ~e.oved , and Defendant aL40 paid to have
.\ CJ.t!.a~ea.
De6~i4:~laintilf4 aL40 laiL to 4tate'a date De6~i4 I~OM 4now daMa~e wa4
aLLe~el, th~own out4ide into ,a~d.
e. Denied. Defendant toLd PLaintiff the p~ope~t, IIIa4 and i4 a BIOlOfiICtfl
WtfSTl SITl, WHICH PUINTIFF KNl", and FofIl[J) TO tfcr ON, tffiAIN SlNDINfi SO/IJl
-ONl ON TO tf nlOPl1lT!I THAT SHOULD HAVl Rell CONDlltNllJ, and DUlNDtfNT RAD TO
M!I THl D .1. CllAlJIT FOR THl Sl'llV ICl, V1HlN THl ROUSl SHOULD OF BUN CONDlAN-
[J}.
f. AdMitted and DlJII[J}. Defendant a~~ee..ll the /lJic~00~~an.i4M4 p~e4ent in-
4ide the p~~i4e4 did and dOe4 p04e a 4ig.nificant Health Hala~d to Defend-
ant and daug.hte~. Plaintifl ~n~ t~i4 a4 ~efLected in thei~ fiLe, along.
,
",ith l~ie.ln4u~ance , 6ut failed to act, to O~de~ a evactuation and cond~n
the p~e.i4e4. PLaintil14 lail to 4tate what /lJic~00~g.ani4M4 a~e p~e4ent in
-4ide the p~e.i4e4 , and w~at ~~~~ o~ ~epo~t4 the~ a~e ~eL~ing. on and what
(OJ)
"
-'I
,.-.,
date Plaintill~ 6eca.e awaAe the pA~i~e~ had MicAooA~ani~.~.
~. Denied. Plaintiff fail4 to ~tate what condition~ violate ~ection 745
.02 01 the code oAdinanc~ 01 loweA ~llen Town4hip, 1985. Defendant d~
-.and4 a copv of thi4 code, and the condition4 with a de~cAiption that
Plaintifl i~ applvin~ the violation to 4ection 745.02.
I. Denied. PAOpeAtV ta~ ha4 6een paid on thi4 pAopeAt" and that i4 not
a a6andoned vehicLe, and the caA i4 in the dAivewav, and i4 peA~onal pAO
-peAtV which wa4 to undeA ~o A~toAation and i4 not in violation 01 anv
code, and i4 not a n~tin~ place lOA vaAiou~ ani.al4that l4 a .lnoA pAO-
6L~ in thi4 4ltuatlon. To .ove tAe vehlcle now, would 6e AedlculoU4, II
tAl!. pA~l4~ l4 a 8IOLOt;1C~l "'~Sn. SITl..
l. Dl!.nled. Dl!.ll!.ndant Aa4 not A~ldl!.d at pAe.i4~ 4incl!. $anuaAV 09, 1995,
and Aa4 not ~f!.nI!.Aatl!.d anv tAa4A, junk, and tA1!.1!. Lu.64, and paid 0.9. CLe-
_ent fOA cLl!.an up of tAl4 veAV l44ue, and c04t. 'Laint.ll/~ laiL to d~CA-
l61!. wAat tvPI!. of tAa4A , and junk, 'laintlll i4 AI!.II!.AAin~ to, and tA1!.1!. ,
Lu.64 and WAI!.AI!. aAe tAl!. vaALoU4 tAL~14 4cattl!.Aed, LI Lt wa4 cleanl!.d up ,
Aow aAI!. theV 4cattl!.AI!.d on pA~L4~. WAat date dLd PLalntLlf dL4covI!.Aed
d~.
j. Denled. De/endant Aa~ neveA u41!.d 60at lOA 4toAa~1!. 01 junk. 'LaLnt-
LII laiL to 4tate a datI!. wAen tAL4 wa~ IL.~t dL4COVI!.Al!.d, and d~CAL61!. ,
wAat vou _ean 6V junk.
k. AJ.Lttl!.d. Dul!. to PLaintLfl faLLuAI!. to Cond~n tAl!. pAeal4f!.4 wAen 'LaLn-
tLlf IlA4t Ll!.aAnl!.d 'Ao. Delendant In OCt061!.A 1994, and lAO_ Delendant4 ,
AttoAnev, PLaLntLff contAL6uted aLon~ witA tALe In4uAance Co.panv wAo ,
'LaLntLII infLuenced wLtA vaAloU4 LnloA..tlon, and coeaent4 Ae1ped lnfL-
uence tAle to 6uLLd a de/en4e wALcA wa4 one 0/ tAe caU4~ tAle wouLd not
pav lOA tAe INTtIIO~ OF TRt ROOSt. 'LaLntlll 'alLed to flle ~~it _LtA ,
In the two veaA 4tatute of Lu.LtatLoA4, a~ Dl!.fendant Aad luLL'(n~u~qnc~
(0 * J
~.~
-
Cov~_a~~ , tAe_efo_~ t~~ Plaintiff 4Aould &~ 4uin~ lR/l /NSU~ANCl COM-
PANY., AS Defendant dOe4 not ow~ t~~ Plaintiff an,t~in~, a4 t~~ Dc/~nd-
ant did not cau4~ tAe inciJent, w~ic~ Lead to tAe 8/0l0~/CAllY CONTAM/N-
ATllJ BU/lD/N~, UNFIT FO~ HUA"N HAR/TAT/lJN ..
8. ".itt~d and D~ni~J. PLaintilf i4 awa_~ ne/~ndant cannot _~4id~ in
tAe p_~i4~ and Plaintifl Aa4 ~no.n tAi4 4inc~ Octo&~_ 199~. D~fenJant
wa4 _uocated !lanua_v 09,. 1995, &a4~d on a ce_tificat~ 6, D_.KatAutin~ ,
Ba~~_ Aic.o&ioLo~i4t p A D., tAat tA~ p_~i4~ wa4 un4af~ to liv~ in ,
and tAat tAe AOU4~ .a4 too &aJ to 6~ .epai_~d and 4~ouLd 6~ ~UTTllJ. TAat
wa4 6a4~d on Ae. in4p~ction of tA~ p_~i4r~. D~f~nd~t, i4 aaal~d tAat ,
PLaintilf wouLd 4tat~ tAat Dcf~ndant 4AoulJ not 6~ p~_.itt~J to _~id~
in t~~ p_~i4~ until t~~ tu-~ t~~ p.~i4e4 i4 cL~an~d, fu.i~~t~d, and ,
_epai_ed. PLaintiff faiL4 to 4a~ .~at conJition4 a_~ in tAe p.~i4~ ,
, ",
9nd on w~at Jat~ did Plaintiff ~no. tAi4 J~ci4ion, and wAat i4 it 6a4~d
on. D~fenJant .aintain4, tAat tAi4 .~fu~t co.~ ov~. two ,~a_4 too ,
Lat~. PLaintiff a_~ ~a.~ and Aav~ 4poke to l_i~ /n4u.anc~ etc.. Witne44
BiLL ~044na~~L, w~o in4p~ct~J t~~ p.~i4~, on Oct. 29, and 30t~., 1995,
and ~ad ind~ptA conv~_4ation4 wit~ Au-, and l.i~. PLaintiff ~nOW4 tAat,
tA~ p.~i4e4 cannot 6~ fu.i~atLJ and _~pai.~d.
9. D~i~d. D~f~nda4t Aa4 not faiL~J 0_ _~fu4ed to a6at~ tA~ nui4anc~,
and d~ie4 it .a4 c.~ateJ 6, t~~ D~/~dant, 6ut 6e~an 6, a act of Natu.~
.Aic~ D~I~nJant Aa4 no cont.ol ov~.. D~I~ndant Aad fuLL Ho.~o.n~_ cov~.-
a~~, and to Jat~ Aa4 L04t ~v~_,tAin~.
10. Dui~d. DlFlADANTS ..as DID NOT CUA7l. THIS S11U"T/ON. PLaintiff ,
act4 and conduct cont.i6ut~J, alon~ wit A l_i~ In4u_anc~ , to c_~at~ tA~
(0 'i)
"', ,......,.
pa.t and pc~.ent .ituation. Plaint ill ~ad ad~fuate ~e.eJ, 01 law, 6ut
faiLed to u.~ t~e., a. D~/~nJant ~n~ about t~~ dan~~cou~ conJition. ,
t~at wa. not cc~at~d 6, 8e/~nJant, 6ut 6, lci~ In.ucanc~ and t~eic ,
'aiLuc~ to c~paic th~ pce.l.e.. Plaintilf could 01 liled a co.plaint ,
in NOII~n6~c 01 9", J.no/IJiltg.:tlr~ pCt!.llUe.4. wa. conta.inated anJ un.afe 1011.
Hu.an Na6itation. In.t~aJ tlr~ applica6L~ .tatut~ 01 lL.itation. expic~J
anJ PLaintill. aL.o laiL~J to conJe.n tlr~ Irou.~, ~nowin~ tire dang.ecou.
conJition. ~i4t~J, anJ w~c~ not cc~ateJ 6, D~/e~dant.
II. DLnieJ. PLaintil1 Irav~ tlr~ie 4~LI to 6Laa~ , loe not inloccin1 t~~ie
own 6eJinance , in 199", and .lrouLJ /rall~ Look~J to tire peop~e paAt" tei~
In.ueanc~, foe e~coII~e, loc tlr~ Injue, oe Da.a~e.4. w/ric~ PLaintilf faiL~J
to J~4cei6~J anJ to tire. .~LII~., 6, conc~aLin~ tlr~ pCe.i.~4 w~e~ con-
ta.inat~d, aLon~ witlr tci~, wlriclr wa4 cau.~J 6, a act 01 natue~, and tlr~
wat~e Lnt~ein~ t~e pce.i4~4 anJ leie.4. faiLue~ to cepaie t~e inteeioe, etc.
12. DLnied. Plaintiff wilL not 4ulfec a iee~paAa6L~ Irae., Jaaa~~, and ,
injue" 6ut in fact DefenJant Iralle 4ul'eeeJ a60lle, 6~cau4~ PLaintiff con-
duct, anJ Lac~ 01 a peole4.ionaL Lack 01 conJuct, anJ in D~/enJant opinion
tlrece i4 a CONFLICT OF INTeREST, RlTWllN PLaintilf anJ lei~ In4ucance.Tlre-
c~ loe PLaintiff cefue4t 4/rouLJ 6e DlNIlD anJ D~/LnJant 4lrouLJ 6e Ir~LJ ,
lrae.Le44.
I]. DenieJ. It i4 tlr~ De/LnJant w/ro 4ul'eAeJ injuc, anJ Jaaa~e4 etc. ,
6~cau.e 01 Plaintil14 conJuct. D~/LnJant wiLL 6e 76 ,eae4 oLJ in $anuae,.
I aa lro.ele44 , ., p~e40naL 6elon~in~, ., Iro.e, anJ lill~ on a fixeJ in-
co.e, ~tc. I Irav~ no 4avin~, I lraJ 4ecioU4 /reaLtlr pe06Le.4. Foe PLain-
till to .tnte , tlrat tlr~ie co.pLaint ~c~atL, out wei~/r an, ~aeJ~lrip to ,
De/LnJant , /lJ1r~ tlr~, ac~ a coepoeation ~4 un6~L~iva6Lf and it i4 untcue
tlrat I cau4eJ it. PLaintiff e~alLv cau4~J tire D~fLnJant teou6L~ in .,
opinion ,.
106 )
.......,
-
WHl~lFO~l D~/endant a4k t~i4 Cou.t to :
a. n~ni~d and Di4.i44 wit~ '.~judic~ 'Jainti" .eque4t De'~ndant, .aintain4
iti4 F.ivolou4, and Ha..a44inf, 'lainti" a.~ a.a.~ Def~ndant ~a4 6~en un-
a61~ to liv~ in t~~ p.~i4~ a4 it i4 a RIOlO~ICAl WASTl SITl, and can not
6~ cl~aned and lu.ifat~d, o. .epaiN~d , and i.p044i6~~ to Make lit '0. HUM-
ane Ha6itation, and 'laintil' ~av~ kno.n t~i4.4ince Oct. 29, 199~..
6. 'laintil' .~qu~4t 4~ould 6~ DenieJ. A~ain 'lantil' i4 a.a.~, Defendant,
liv~ on a lix~d incoM~, and 6e 76 ,~a.4 old, 9anua., 27t~., and woulJ not
6~ a61e to a6id~ to a Cou.t Injunction, and '~~l t~i4 .~qu~t 6, 'laintill
i4 a cl~a. a6u4~ 01 t~~ sudicial law, and a Lap044i61e .equ~t, .ad~ in Mal-
ic~ in o.de. to cove. Plaintilf .eal int~nt. Plaintiff i4 awa.~ De/~ndant ,
i4 call~J in le~al T~..4 n9udgaent-P.ooI- .~anin~ p.op~.t, t~at i4 n~c~-
44a., '0. Ba4ic livin~, 4UC~ a~ 100J,clot~inf' and allo.anc~ 10. t~in9A ,
like Medical Ca.e, t.an4po.tation, and. UanriN6 . cannot 6~ 4eil~d 6, c.~J-
itO.4. T~i4 .~an4 you. adve.4a.v cannot coll~ct t~e 4~i.t 011 'OU. 6ack.to
4ati4t, a sUD~lMlNT, no. 4~oulJ 'laintill 6~ alLo.eJ to coll~ct p.op~.tv ,
taxe4, a4 il t~e ~o.~ i4 in top condition, o. c~a.~e '0. 4~.vic~ not .end~.
-eJ
c. 'laintill .eque4t 4~ould 6~ JenieJ. DefenJant, i4 not a t.aineJ p.Ofe44
-ional, no. JOe4 4~~ ~av~ an, 6ack~.ounJ, in lNVI~ONMlNTAl anJ HlAlTH ISSUlS
no. i4 D~fenJant, ~av~ kll.o.l~J~e o. a 6ack~uund in d~ CONSTUCTION BUSINlSS
'laintifl i4 in p044e44ion 01 one Vlt8Al , naJ one ~ITTlN 'lAN, MADl ON Bl-
HAlF OF DlFf.NDANT, WHICH IIlfll lfiNOfl[J) 8'1 'IAINTIFF.
J. 'lainUfI, fllj)UlST SHOUlD 8f.. DlNlf.lJ. DlFlNDtfNT "Ill NOT Ua'T lIBIlITY
FO! AN'10Nl TO ~O INTO 1'1llAISlS AS STATll1 A80VF.., IT IS A 8/0lOHCAl WASTl ,
SI T{. , and cannot 6~ FUMI~AT[J), ClF..AN Ofl fll'AIUlJ. ROTH OF DlFUDtfNT lX'lflT
(07)
.-..,
,......
1U.1I01lTS STATl 11 IS TNl rJOllSl CASl OF I/IC1l00fiANISII/S CONTAIlINATION, SNl,
NAS lVlll SUII OCTORlfllJ..,J9-94.,A/fn'1'OS~.. If SIfiNIFICANT NlALTH NAUllD 70 ,
TNl OCCUMNTS. 1IUIN7IFF '.fIlCD 70 VACA7l 7Hf.. 1IUIIISts AND FIll A CO/ll-
1ILAINT AT THA7 TI/fIl, AfiAINST DUf..NDAN7 and INSUlllll f..1lIl INSUllANCl, AS ,
7Nf..fllRY NlfilIfitN7 AND Rl'lOND THf.. STATU7f.. OF LUIITA7IONS. DUlNDAN7 INSU'R-
ANCl CO/llMNY 11[.110117 OF fl. 8. fl. lNfi/NUllINfi INC., NOVf.IIRlfl 10, 1995,S7ATlJ
IN OVlll TfllN7Y FIVl YlAllS 7NIS HOUSf.. IS IlY FAfl THf.. WOf/Sf.. fUC1l0BlOLOfilCAL-
LY CON7A/UNA7UJ HOUSl Nt. HAS lVf..fl SUJI. Hl ALSO STA7ts OSHA-USl1lA, HAlA'R-
OOUS IIAS7l CllAI/U1I 1'1l0CllJUlll 11[. FOlLOVlUJ and rlO'RKlllS flllA1l FUll OIS1IOSABll
SUI7S and AVOCA7l.S .SllF-;-CON7AINlO 81llA7HINfi A1I1IAllA7US". OUlNDAN7 CAlla
7Hl l1lA, Olll, Dl1lA1l711/F..H7 OF. NlAHH, CUIII8l'llLAND COI/NT'I f.IIllIfil.NCY IIIANAfi[.JItN7
LOWE.'R ALUJI 70WNSHI1I FI'Ill CHlI~, of NO 7Ht. 1IUIIITIFF. T"e. pIa inti" FtfIUlJ ,
70 CAll ANYONl 70 7'RY AND CU.AN Uf' THIS SI7UA7ION, and DlFl.NDAH7 NofS III -
CO'RO IIHllll 1IUIN71FF NAMf'lllUJ OUfl flmUlS7, and f'lrfIN7IFF IS 7Rl'RlRY 7Nl ,
NlfiLIfi{JI7 1IA1l7Y, ALONfi filTH lflU INSUflANCl, IN CfllAT/Nfi A HofZ/fA7. THlllUO'R
7Hlfll of'Rl NO HOUllS 70 lS7ABlISH, ofS 7Nl lICIJUlST SHOULD 8l VIlF/UJ AS MOOT.
~. 1IUINTIFF flOUlS7 SNOULO 8l Dl.NIUJ. DUlNOAN7111AIN7AINS 7HIS IS 'Ill
ANOTHlll 1'1007 fllQUlS7 BY 1'lofIN7IFF, 9US7 70 ADO MOfll Df'l.NSl AfiofINST DU{JIO
.fJil, N07HINfi IIIll Rl fiAINUJ TO Sl.NO ofNYONf.. IN70 A BIOLOfiICAL WASTl SI7l .
7r10 Yl.A'RS AND T{JI 1I0N7HS LA71ll , 70 HofVl of COM1IlltJIl.NSIVl 7ts7=VlflMIN, 111-
S1Ia.7ION, AND TO tNDofNfil.'R THl 1IlflSONS IIHl.N 7Nl l.N7Ifll 1'1lf.llISlS ofND 1IflO-
1Il1riY IS CON7AMlNATUJ. 17 SE.'RV,.J NO 1IUfl1l0Sl. TO DA7l NO f'tsT Ofl VllllllIN
HAVl RUN fll1'0'R7UJ.
1.Plaintill Ae.qUe.4t 4"ould 6e. de.nie.d. 7"e..e. "ave. 6e.e.n. Iou. StAuctuAal ,
In4pe.ction. 7~0 01 t~e.M ~e.Ae. fualilie.d ln~ine.e..4. T~o ~e..e. 1.0. lO~e.A
Alle.n to.n4"ip. f'laintill .ade. De./e.n.dant put 7 OA 8 "ou4e./lloo. jack4
a4 1I1aintill oAde.Ae.d Oct06e.. JI, 1994. De.le.ndant paid a t/.ou4and dolLaA4
(08)
-""
"....
1U:1'OllTS STATl. IT IS THt wmue. CASt OF I4IC~OOfiANIS"S CfJNTA'INATION, SNl,
NAS tVtll Sl.l.N f)CTfJRt'RI]..,.l994~Atrn'1'OS.f. ,.4 SIfiNIFIeMT HUllN HAltf1llJ TO ,
TNt OCCU1'ANTS. 1'lAINTIFF '~lU.D TO VACATt TNf. "lll.llISlS AND FIU A CO~-
1'lAINT AT THAT TIMt, AliAINST DlFF.NDANT and INSUlltll f.llIt INSUllANCl, AS ,
THf..llE.R!I NlfilIfil.NT AND Rl.'JOND THt STATUTl OF 1II1/ITATIONS. DlFl.NDANT INSUll-
ANCl. CO~1'AN!I 'll.l1'OllT OF PI. 8. 11. l.NfiINl.l.llINfi INC., NOVl.IIRtll 10, 1995,STATfJ
IN ovtll Tfll.NTY FIVl YlAllS THIS HOUSl IS IlY FA'R THl "OUl II/IC1l08IOLOfiICtfl-
lY CONTA.IJINATlIJ HOUSE. Ht. HAS lVOl Sf..E.N. Ht ALSO STATtS OSHA-USl1'A, HAZAll-
DOUS rJASTl CllANU1' 1"AOClDUlll Rl FnllOWlIJ and VlOllKlfU /VlA'R FUll DIS1'OSA8U
SUITS and AVOCATlS "Sl.lF~CONTAINlO 81llATHINfi A1'1'AfMTUS". OlFl.NDANT CAlllIJ
THl l1'A, Otll, Ol'AllTl1ItNT OF. HlAl1H, CUII/8l'lllANII COllNT'1 l.IIlllfil.NCY MANAfil.lll.N7
LOWlll Alll.N TOIJJNSRI1' FIlle. CHl.1F, AND TNt "UU.NTIFF. T/.e plaintiff FAIUn ,
TO CAll ANYONl TO TflY AND CllAN U1' THIS SITUATION, and DlFl.NDMT HAS III -
COllD 'HeAl 1'ltfINTIFF HtfA'PllllD OUll lIllJUl.JT, and 1'ltflNTIFF IS THlflE.RY TNl ,
NlfilIfil.NT "tfll T'1 , tfLONfi I//ITH lflU 1 NSUllANCl., IN C'RlATINfi tf HtfllMT.THllllFO'R
THllll tflll NO HOUllS TO lSTtf81ISH, tfS THl lll0UlST SHOULD III VIlWED tfS MOOT.
.e,. "lAINTIFF lllfJUlST SHOULD 8l Dl.NIlIJ. DlFl.NDANT MAINTtfINS TNIS IS Yl.1
ANOTHlll (/lOOT lllQUlST RY 'PltfINTIFF, 9UST 10 tfDD MOflf. lJ.1'l.NSl tffiAINST DlFlND
4Jl.l, NOTHINfi /Vlll Bl fitflNlIJ TO Sl.ND ANYONf.. INTO A RIOLOfiICtfl WASTl. SITl .
TWO YlAfU AND Tl.N MONTHS ltfTlll , TO HAVl tf CO,."lllHl.NSIVt TlST =Vl.1UIIIN, IN-
S1'fLTION, tfND TO lNDtfNfil.R THl 1'l'RSONS VlHl.N THl l.NTIlll 1"Al.IIISLr tfND 1''Rf)-
"lllTY IS CONTAMINtfTED. IT Sl'RVLr NO 1'U'II.1'OSt. TO DtfTl. NO 1'LrT 011 Vl.RMIN
. HtfVl 8u:.N llt1'OllTlIJ.
1.Plaintilf .e'{ueAt .../.oulJ 6e Jenied. T"eu "aile 6een Iou. St.uc.tu.al ,
In.apec.tion. T~o of t~e.. ~e.e '(ualified ln~inee..a. T~o ~e.e '.0. lo~e.
Allen to~n.a/.ip. 'Plaintiff .ade Defendant put 7 o. 8 /.ou.ae/Iloo. iac.~.a
a.a Plaintiff o.de.ed 0c.t06e. 31, 1994. DefenJant paid a t/.ou.aanJ Jolla....
(08)
-"'
..-,
It wa~ cov~AeJ unJeA nel~nJant~ Ho.~own~A~ In~uAance but tAi~ In~uAanc~
ulu~~ to paV' . 1'LainHII ~aiJ I/I~ /tad to llt1'II1R THt. IIICROO1lfi.fNISIIIN, .fNO
'e!~nJant~ toLJ t/t~ 1'Laintill t/teA~ i~ no I/Iav toRf.1'AIt , IIIICflOOR~.fNIS/IINS
THt ABOVe. W.fS IIII1'OSSIRlE., .fNO THlY WOULD NOT CONOlAN TNt HOI/St.1'lAINTIFF
TOLD-aU INSURANce. .fT THt 1'llUIOtHTS OFFIa I WIll C.fll 'IOU WHO! I CON-
OF../IIN THr.. HOUSt .
~. 1'Lainti!1 A~que~t ~AoulJ b~ J~nieJ. PLaintifl F.fIlS TO ~R.fS" HOW,
0.fN~l.1l0US TNt RIOLOHCrfl W.fSTl SITt. IS. .f'}ain J~luJant~ 'uL~ tAL4 i4
to aJJ up .OA~ C04t to tA~ O~!~nJant, a4 A~ovin'} tA~ 011~n4iv~ OJOA4
fAO.. tA~ pA~i4~, Jo~ not aJJA~4 tA~ A~aL i44U~, Aow to J~tAOV th~
/IIicAooA'}ani4.n4, wf,icf, aA~ aiA bOAn~ in natuA~,anJ aA~ not confin~J to
tA~ pA~i4~ in fact tA~v Aave b~~n !ounJ out4iJ~ tf,~ pA~i4~ in tA~
40iL. "Lainti!f faiL4 to 4tate wf,at Jat~ tf,~ 01/~n4iv~ oJoA4 W~Ae Ji4-
,
,
,
,
coveA~J, anJ wf,at 4uAAounJin~.
A. 1l~qu~4t 4AouLJ b~ Jeni~J. .f~ain tAi4 A~qu~4t i4 .~ant to caU4~ ex-
p~n4~ to tA~ H~fuJant, a4 a quaLi'i~J /II/C1l0RIOlO~IST, DR. K.fTHlllINl ,
~,f~DI TUTlO THt 1'RlJUSU ON 0[7.11,199", anJ IOt.NTIFUJ) TNl fi/ICROO~.fN
-IDS, , .fNO S.fIO IT fMS UNFIT TO lIVf.. /N .fT THt TIlliE OlEt.NMNT OCC""IlO
TNE. ROUSE NO ZOO TONIC .f~t.NT (qDll 1'RUt.NT .fNO HAD NOTHINfi TO 00 IIITH TNl
CONTrfIUN.fTlON. "UINTIFFS riMS IN "OSSUS/ON OF Ofl. R.fKlRS fU:1'ORT, ON NOV.
01, 199", but faiL~J to vacate tA~ pA~i4~. r.R.ll.t.NfiINllRIN~ Inc. ,
AiA~J bV EAi~, aL40 f,a4 evaLuat~J tA~ pA~i4~ . TA~A~ i4 notAin~ .0Ae to
~vaLuat~.
i. 1l~qU~4t 4f,ouLJ b~ O~ni~J. A ll~toAation Co. cannot A~4tOA~ a RIOlO-
~ICAl W.fSTt SITt. Tf,i~ i4 not a 10J~icaL A~qU~t.
j. "Laintil! A~qU~t 4f,oulJ b~ Jeni~J. tAi~ In4uAanc~ Aa4 not paiJ lOA
.tA~ content~ in tA~ Ao.~. TGeAe'aA~ vaLuabLe tf,in'J4 in tf,e f,o.e , To Ouote:
(09)
-,
,-,
W. 8. ~. lN~INll~IN~, //-/0-95, paf~ 28. On~ 'oa~~~~abL~ paobL~ i. t~~
."....L.RI1€~S
MaV b~ t~pt~J to .avaf~ .OM~ 01 tA~ Manv .tatu~4, oana.~nt., p~one4,Ski.
~tc. in.iJ~ tA~ ~ou.~, aat~~a tAan 4anitil~ cL~an tA~, oa .~J tA~ to t~
lanJ liLL. ~~ovinf t~~ pi~c~ .~aL ~iJL cau.~ paobL~. tA~ JUMp.t~a4 ~i
~av~ to b~ Lock~J tif~t ~v~av nif~t. ~ .aioa paobL~. ~iLL b~ foinf tAaou~
t~~ paoc~Juae4 to 1~t a LanJ lilL to ~c~pt tA~ .icaobaiolo~icallv conta.-
inat~J Aou.~ ~olJ co~t~nt.., oa.l
I. Plaintil'. a~fu~t 4AoulJ b~ J~ni~J. PLaintifl Jo not Aav~ tA~ know-
l~Jf~ oa ~p~ati.~ to aJJae4. t~i. Couat to Sava1~ oa Ji.p04~ 01 cont~nt
01 t~~ Aou.~ anJ J~oLi4~ ~OU4~ oa I Jia~ct J~/~nJant to J~oLi4A tA~ ~OU4
~ content.. PLaintilf 4~~. to b~ a~p~atinf a~fu~.t. D~I~nJant. JaufAt~a ,
.pok~ to Ol~, Ma. Davi. ~~o .aiJ t~~ onlV tAinf t~at vou eoulJ Jo i. to ,
Aav~ a eontaol buan. n~/~Jant '~~L4 it i4 pa~atua~ foa a Couat J~ei4ion
anJ tA~ l'A 4AoulJ b~ eontaet~J about tAi. 4~aioU4 .at~~a, a. p~ople4 Liv~
anJ A~alth aa~ at ai4k.
M. 'laintiff. elaiM 4AoulJ b~ J~ni~J. D~/enJant i. a.kinf loa a a~taai; I
in~ OaJ~a Afain4t PLaintifl loa tA~ia o~n '~OTlCTION, a4 tA~v Jonot eOM-
pa~A~J . tA~ Jan1~a in tA~ Aou4e, anJ 4AoulJ 4~~ tA~ AeLp of tp~. 'la
intill 4AoulJ not 6~ aut~oail~J to pLae~ a lItH A~AINST TNl ROUSl anJ pAO-
peAtV oa aeiM6ua4~~t of 4ueA eo.t anJ ~pen4e4. It i4 'lai~tifl anJ lai.
In4uAanee tAat eaeateJ t~i4 4ituation., Def~Jant i. not a~pon4L61..
n. 'P.laintilf. Aefue4t .~ouLJ b~ J~i~J. 'laintilf i4 not taain~J to in4pe,
tAi. tvP~ 01 paobl~ to ~~~NT THIS O~Dl~ ~OUln Rt IN nI~lCT VIOLATIONS OF
MY "CON71TION~l" ~ND "CIVIl" "~IfiHTS" "IlllfiAl" "StARCH" anJ "SUSU~l"
THlle. AfU NO C~Ifl/IN~l ~CTIONS INVlJlV[J), AND IN 11/'1 O'INION THt 'LAINTIFF ,
IS fiOINfi IN TO StA~CH A'ROUND. TNl~l A~l THINfiS OF YAWl TN~T FIt "OUlD
HAVl TO HI~[' ~ 80NDlD 'l~SON Tn fiO IN ,RUT THl'1 no NOT aUONfi IN "'1 HOltl
~S {f,'J !/fiR7 TO fJ~IV~C!l IS fiUANTUJJ AS If [[TIltH .OF TNl U.S.A.
(/oJ
~
r...
a. ~lainlill~ .~YU~4t 4hauld b~ J~ni~J.
and ~.i~ hav~ inllicl~d 4~V~.~ ha.d4hip an
~/ainlill a.~ awa.~ lhal lh~~
.~. Th~ ~lainlill hav~ haJ a
VANDlTTA AfiAINST Dt:.Ft.HDANT flffAUSt:. OF A 'POlITICAL 'PRORlF:.II INVOlVINfi MY
DAUfiHTlfl. Tli. ATTORNlYS IN BAlTIMORl CANNOT RlllIVl THIS IS HAllllllllNfi TO
A WOMAN IfIY Afil.. THlY DO NOT HAVf.. A lIClIISl. TO fJfl,4CTICf. IN lIlllNSYlVANIA IF
THlY DID THlY WOULD ,_OQ.IT llRO-80NO.
I a. nal a Ca.pa.alian, I had f...i~ Re4l 'l'alic~. wilh R~plac~~nl valu~,
Ia. 'ull~ cav~.~d, and lllainlill 4hauld ~a la ~.i~ la. lh~ .an~~ if l.i~ da~
nal ~iv~ the. th~ .an~~ ~.i~ i4 fuilt~ af FRAUD, and 4haulJ b~ t.~at~dlcliA~
a paa. Citil~ lhat ca..itt~d FRAUD but hav~ na .an~~. Th~ 'l'laintitlcau4~J
.~ p.abl~4 with l.i~, ~/t~. all lllaintill call~ct hifh tax~ {.a. l.i~
al4a Cu.b~.lanJ Caunt~.,al4a call~ct4 Taxe4 and R~v~nu~, ttc.
p. Deni~J D~I~ndant '~~l4 thal thi4 [au.t ha4 a canflict al Int~.e4t with
law~. Allen , and l.i~ In4u.anc~ wha i4 lacat~J in Cu.b~.lanJ [aunt~ law~.
ALLen Tawn4hip. AnJ 4inc~ D~/~ndant i4 claiain~ eRROR OF lAW b~fa.~ thi4 Ca
Cau.t in a .e1at~J .att~., D~/~nJiant i4 RlQUlSTINfi A [HANfil OF VlIIUl.
Th~ ~lainlilf..STAJ/).Tt. "Iliaitalian au aut.
flO
."\
PLAlNT1FPS
EXHIBIT
"0
"S
LO'lJl AlllH TOrNSHI1' INC.
,'99J HUltl/a. AVlHUl
CA,,1' HIll, 1'lHNSYlVANIA
.'70....'
FlORlNCl R. 'IllIlR
~~~t~j1~ll~,
2"OJO
I
To .Ao. it .av conCCAn:
TM... tAiAtu.n.tA elaV 01 !ulV' ninl!.tcen nintv ..i.Jc, 1 Flou.n.cc I.
IIUliu, uccivcel VOUA i.n.voicc NO. 2778, lOA "0 callcel RUl/BUllSlIIlHT
to lo.u 411e.n. ,Tolllndip, lOA f.X1'lHSlS TO IMINTAIN 1'ROfllJlTY AT "388,
LOIITHlJl ROAD, CAlt1' HIll, 1'lHNSYlVANJA, COST anel AI/OUNT DUl,1'lUS~](.II"
1'lJlClHT I'lJl ORDINANANCl, 1'{.HALTY OF SlVlHTUII DOlLAU ant! FIFTY ClHTS.
1 noticc tAcAc i.. not a elc"cAiption, 01 tAc SlRVIClS RlHDlRln, OR A
f.X1'LAINATION lOA tAc 1'lHffLT!J pu ORDINANce. .
1 FLoAe.n.cc R. 'ULiu, REFUSl tAc BUL, invoicc No: 2778 FOll ORDIN-
ANCE. VIOLATIONS FOR nAUD, in.yo 01'INION UNDlJl COLOUR ollAII. 1 AavL not
u..ielul i.n. CUltBlJlLAND COUNT!J SINce. IANUAR!J 09, "995.
III .V 01'INION !JOU HAVl 8U11 CHARHN~ , FOR SlJlVIClS NOT RlHDlJlln ,
lOA exaMpLc : Sl'lJl, RlFUSl, ST1lU,T l1fiHT TAX, 1'lJl CA1'ITAl TAX, ac..
ItAINTANCl CHARfilS 01 a 1'1l01'lRT!J THffT IS UNFIT FOR HUI/AN NABITATION, anel
a RE.SIDlHCt, allt! SUllROUNDlNfi 1'R01'lJlTY, THAT HAS BUll A~AIN DUAllJ A BIO-
LOfiICAl r1ASTl SITl, STATllJ BY THl DlFlHDANTS Rl1'ORT. 'HICH'l ARl NOT ,
AllOV/llJ TO C01'!J, 'ITHOUT 1'CJlIIISSION nOl/ CJlll INSURANce. IT., Al., 'HICH ,
!JOU HAVl 'ORKllJ CLOSa.!I 'ITH, AS .', RlFULTln IN 7. 08TAINllJ DOC-
UltlHTS, JIlJ !JOUR VlRBAl COl/IIlHTS.
~
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F.a_ vau. 6uLLJLn1 Ln&p~cta.&, wAa Ln -v OPINION, DID NOT DO
THUR lOB, ACCOllDINt; TO THe. BOCA, BASIC Fne. Pllt.VE.NTION CODe., 1993.
WHY liAS IIY DAUfiHTl.R AND I, NOT e.VACUATt:J1 IIHE.N THe. HOUSe. WAS CAVINfi,
IN, AID IIATl.R liAS POURINfi OVe.R l1lCT'IlICAl IIIUS, 'HICH fARe. THe. CLOTH
TY1'e., F -105 .3. I. IIHY wauL.! LO'l.R AllE.N OVl.RLOOK SUCH UNSAFE. CONDIT-
lOllS IHE.N TIll RUSSlll, A TOWNSHIP BUIlDINfi IHSPlCTOll, AND CODe. lNFOllC-
l.R.STATt:J1 THUR OFFIce. lJISCOYtJll/J THIS INCIDE.NT ON A Tlle.VISION lle.1'OllT
.J,! N8IS ABOUT STOlll1 DAIIAfie. anJ NABIBILITY, anJ 7 RAFTl.RS BROKE.N AND A
COllrfS1't:J1 1'OllCH ROOF, WNICH 'AS 18DrfNfil.RINfi COl!.ASPINfi TNe. HOUSe. HC. .
F-105.1 fiE.Nl.RAl. NUIIl.R ! anJ NUIIBl.R 13 BOCA CODe.. TAe. 'INDO'S, DOORS
Fll.Rl. 80ARDl/J U1', UAVINfi ONLY ONe. 'AY IN AND ONt. 'AY OUT. anJ lOWl.R All-
E.N liAS AVlAlIe. OF THIS SITUATION, anJ NAD THe. AUTHOllITY TO e.VACUATe. IIY ,
DAUfiNTl.R AND I, BUT IN II!/ OPINION NAD KNOVlrle.fiARD FOrl OUR NeALTH Orl OU'R
LIVlS. TNlSe. ABOVl. ItE.NTIONt:J1 CONDITIONS 'lRe. CLeAR OrlDINANce. VIOLATIONS
LOfl.R AlllA , llFTt:J1 US THl.Re. KNOVlINfi IT VIAS NOT SAFe.. "WNY"? WNE.N ,e. ,
ASKllJ TIll llUSSl1.l, 'NY THl. FLOORS IIl.Re. SlANTINfi, AND-tHeAT ,e. HeArlD ,
CllACKINfi SOUNDS Ne. SAID THe. SNOII liAS TOO Dap, TO fiO UNDl.R TNt. CllAWl ,
SPAce. TO CHlCK CONDITIONS. He. II0UlD OF IJISCOVl.Rt:J1 THAT THe. ItAIN FLOOll,
"BtAIIS" "IIl.Rl." "B1l0KE.N", anJ ONl BUIt 'AS 3INCHlS OVl.R A fiAS LINl. SlVt:.N
1I0NTHS Orl LONfil.R, IIY DAUfiHTl.R DISCOVl.Rt:J1 TNe. BrlOKE.N BUfI/, and CAllt:J1 TIIII
RUSSl1.l, anJ INFOllflll/J NIII OF THe. SITUATION. NlVl.R 'AS A IJE.NTION TO lV,f-
CUATl .UfiNT.tflltf!J. THIS IN I4Y 01'INION IS RlCKllSS E.NDANfil.RItE.NT OF HUII,fN
l/Fl. LOIIl.Rl AlllN, , SlNT US A ll.TTC.R fiIVINfi US 30DAYS, TO 1'UT "IACKS"
UNIJl.R TNl. NOUSe., anJ "lle.1',fIll" TNl IIICROORfitfNISfl/S. HOII DOlS ONe. Re.1'tfI1l ,
IIICROOllfitfNISII? Ne.Vl.R DID LOWl.R AllE.N CAll THl 1'E.NNS!JlVtfNIrf De.1'tfRTIIE.NT ,
OF NULTN, Dl.R, tAe. lptf, Orl ,fNOTNa. IIIC1l0BIOfiIST. IN IOY OPINION TNl BUll-
DINfi INSPffTORS ARl NOT QUAl/FIl/J.. INSTeAD OF Nl11'INfi TO CONCLUDe. 7lIS
(2)
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fIIATTlR. IN I4Y 01'INION LOrll.R AllU HAS CONDUCTllJ A CRA'IMCTlR "ASSAS-
INATION" "CAI41'AIfiN", ana"SlANDl.ROUS" "COfllfllCHTS" TO A CONTRACTOR, CON-
Cl.RNINii FlORUCl R. 'Ill IlR, ana Hl.R DAUiiHTlR, nA'IlllNl I. fIIASIlllO, TRY
=INii TO nISCOURAfil THlI! FlOfll nOINii rORK ON THE.. ST.,RfII nAflltlfiE.. HOflll.LOVlE..R
AllU HAS fIIADE.. VA'IlIOUS COfllflllNTS TO all. INSURANCE.. CO/l1'ANY ANn OTHl.RS,
THAT THE.. HOUSE.. 'AS 8UILT fI'IlONii, , ALSO TlLl/Nii THtA ana A FORfIIlR ATT-
fJRN~'
ORNE..Y, THAT TIE.. HOUSE.. 'AS COITAII/NllJ, ana HAD"fIIICROORiiANISfIIS"Vll.RE.. THE..RE..
8lFOR€ THE.. IANUARY 28, 1994, "DISASTl.R", AND LOWl.R AlUll ALSO /NFORfIIlJ] ,
alE.. INSURANCE.. CO/41'ANY OF THE.. A80VE.... 'IIAT 'AS THE.. STATt:AUT 8ASllJ ON?
AND 'IIY.? lora Alll.N HAS TflfII1'l.RllJ 'lITHIIITNE..SSE..S , ONE.. CASE.. THAT HAS
lUST 8UA DISCOVl.RllJ , IS A IIITIIE..SS flJ71 'IN/:. t.'/W:. INJU71""C.t. C,71lJU'P 8Ill
ROSSNAiilL, IIHO CONDUCTllJ A TE..ST FOR THE.. nlFlNnAIUS. 011 OCT081.R 29, 199"
-rr.....y ..
WHICH THE..Y IIl.RE.. T'IlE..S1'ASSING AS THl.RE.. IIl.Rl NOT A GO ON TNF fJflnfJFtlTII I/NTIl
OrTnRF.1l 30 /qql\. THIS 'Rf.1'O'RT gUST CAAF. INTn fII'I 'O.'i'iF.'ilnll 9UNF. /q96.
8Ill 'Rn.'i.'iIlAGfJ.S RE..1'O'RT A lOT nF rnNTArT "A.'i fIIAnF. "'TN In"FfI AI!FN
.fNn INFnflAATInN CONVF.IIFD THAT flA.'i Ftf'R FlOM TNr. TtIITH NUAE..1UJ/I.'i CONVF.ll-
.'i.fTInN'i A'IlE.. LISTllJ IIITN SONII F8'1 TIll ~/ISSFII. f.Tr ANn Tn n/lfl SUR1'fII.'iF.
THE.. I.nllF.'R .fI.lF.N 'nl1rF nFfJT. ,/,f'i rnNT~rTfJJ R'I RIll fln'i.'iNAGFI ANn 'ifJnKF
,ITN OF'Flr.F.fl fIIl.lSSE. III {99,.'~II.P'RI.l"rTlll1NG NlfII TNF. IN'i'FrTTnN flA'i :.
..
rANrFlFn. IIHAT IIA.'i THE. 'Rf.A.'inN InflFf1 AIIF/i flA'i T/iV~VFn III A Nnf4FIJIJlIlf:.1l.'i
CUI/4 Alln CIVIL .rUIT IINII fln/lln TNF. 1'mIrF. nF.'AflTIIFNT RF lNVnlVFJJ 111
fiOTNG in TNF. Nnll.'iF.' IIA.'i l1n.UIIAGlL TOln NF. IJInllln /iFFn THF. ,nl.1r.F.'
.'iINrF AI/GII.IT nF /qql\ I.nIJlF.fl AUf A TnlJll.'iNTfJ HA'i GnNF. Tn THe.. /J.9.
OFAFNT gR. OVl.R .'in fIIANV OR/JIIIAIrF. VIn1.ATInN.'i ALOT nF IIHICH IIF.'RF RA.'ifJJ
01 TNF. ROCA CO/JE... IIHICH flF.'illlTfJJ 11 NllNnflFns OF nnllAfl.'i OF FlNF.'i AGAI-
NST FLO'RF.HCE.. 'fl. rIll. If.1l. IllF.GAI I.EANS NAVF. Rf.F.H "IT nN TNF 'flnfJFflTII. If
TNF 'iAAF AccnUIITS NAVE.. 8f.F.H TIIRN nVF.fl Tn rnllFrTTnN AGF.Nrll.
13))
'"""
.-.
Ilrnll.. nl"n _..,...,011" ,/;",........,/ .... g"...:l7 1006 #-Irn#- nn g"n..
IN 1006 tlla#- n "rltf'A1MNT ISSUF..n FO'A "'I AllU.JT nll"_ WU.n OROINANa.
VIOI.ATlONS. A~AlN rlF.. ARl INFO RUNG IInll Tn .'if.Rn Tllf. RIllS TO fJITf.
IN.'iIlMNCt:. CO~1'ANII. AS TNf.'I rlIll 1WI U1' Tn FIVf. THOII.'iANn nnllAfH IN
O'RnINAN(F.. VlnlATlON.'i. 8lFO'AF.. WO'A'AIIING AROIIT TNf. "ATla AN!J THf G1M.'i.'i
AND elf.AN II" OF TNf. "'RO"F..flTII rlHlrH T.'i fJl1~ lllSPONSIRILITII AND 1 VlOUlO
SUfifif..'iT GF..TTlNG IN rnNTArT IIITN alf. [N'iIlRANCt:. CONCf.'ANING THf. [If.AN II"
~1lASS lTC. l.RIl. .'iTATfJJ IT IS A RIOLOfiICAl VlASTf.. SITe. ANn f..Vf..ll'lTHING
IS CONTAMNATClJ. IN.'ilnF.. ANn OUT. 1 TOI.!J 'Inll THIS IN OrTORf.fl OF q4SR
nIO n'R. 8AKf.11. 'IOU r1f.11f. HANnf.1J A 1lf.1'01IT AT An. g. OFFla AUfiU.'iT l?flr.
100'1. and LOVll.R AlUN NlVf.J1 TOI.O 011 TOOK AN'IACTION. TO PflnTffT TNf.1R
. COM/OIIIIITY.
you rllll AI.SO HAVf.. TNlf/TII !JA'I.'i TO 'IIfT'lMrT 'Inllfl .'iTATfAl.NT OR ISSIIf.
rf rlA'IINING TO 1'fJJPI.f. "NO ARt:. llV1N6 IN NnIllF'i TNAT 1IIf.1lf. RUllT"lDlJITlOll
TO IUNf. TNAT TNllf/ NOMf...'i IIIl.'IIF RlIlIT "'MNG n'll llFTfMrT THF .'iTATfAl.NT 'Inti
IMnl. Tn F'IIlf. IN rrRITlNG ANn ONl. raf'II TO /IIf...
AS FA'II A.'i nlfiNTSTnNf.J U77f.J1 RfAOVING .fNIITNING OFF THf. f'1l0f'FllT'I .
nll FVf.N GOING ON THf. "m"l.llT'I 'ITHOUT nI77lJ1 PlRIIIS.'iION RII /Of. 11I111 Rl.
60NSlnl.Rf/J...C'AIIIlN.fl T'!lf...'iSPAS.f f.Tr. .
~ Al.'ifl "lFASl a"I.AIN NOrl 'Iml FlIf.n A rTVlI rnlll1'lA1NT oorKFT Nn.
CV-/~n-q6. SU81'OlNf.1J nOCU/IIlJITATlnN FOf/ lAW .'iIIIT COnF'i FNFnf/rFAfNT
OFFTrF.. FOfl A TOT.f1. ONf. NIIN!J'IIFlJ .fN!J .'iIXT'I Twn nnUdU nnJ /:",..n"''' /;u..
Ce.n.t4 . ",lIu 1 NlVfJl O'AnfJlf.n TNf. rnf'lf!i 'Iml CHnn.'il. TO /OAKf. INSTf.AlJ 'Inti
Allf. IN VlOf,fTlON nF 11I'1 .'iIIRMf.R.f. "ITH 'IOU RlFUSf.n Tn If.T /Of. .'if.F. 'Imlfl
llffnlln.'i AND CNOO.'if. rlNAT !JIFl.'IIf.RT ONf..'i 1 "ANTfn. "l nlO NOT ASK 'IOU TO u.
(0"'1 AN'ITNING Wl IN.'ilJTf.n ON .'if.F.ING 'Intl'll flffntlJ.r. UOII IfFT l'Ul 1N.'iUfl-
ANr.f. f:OPII "NAT TNf.II WANTFlJ (I,) AFTFll TNf..II lOOlFlJ AT 'Intlt FlIf'i.
-.,
"",,
SUl'l'IFflIF.NT TO LOUlf.R AllE.N TOUlN'iNl'P
n~ 3"LII .'J!J6.
I
In ~e4rn~~fn M. W.i~~f~lonc~' ltffc~ ~nnce~nin, a 4ectlon
0/ a 4ilC 6oIJ1 ~i 3~ ~ooe/e" tJl.nce 'PlF.A.fe- "III~ORM" HI/Il THlfT THf. nAM-
AGf. lN~I.1CTFJ} TO THlfT .fFf.TlON O~ TNe. ~F.NrF. fl/A.f CltIl'iF.IJ RV THr. KNADlf..R'S
OF ,'J9(] ,.lorlTHl1l 1l0AD. CAf/l1' HIll 1'A. nn.'l#.. 0" .y.../,.(1'lIJ1'llJ THAT
...,
HAVE. rI1/1l1'LAINllJ AROflT IT ~n'R IIFA'jU.. 1 ~n".. ./INOIS1'UTllJ" "lVIOf..N[F."
t~nf "~OVlS". t~~ KNAOIE.R " FAMIlV "OON" AND "gOAN". hne/ n "HfI~H"
"1'IlE." 0/ "DI1lT" 1'IlllJ AGAINST THAT SFLTION O~ ~F.NrF WNlrH NAD THE.
SffTInN OF FF.IICE. IF.ANING INWARn ANn UlAS "~/Nr.rHF.n " "O~~". UlHICH WE. Rll
BF..U:.JVf. TO RF. gOAN KNADllR.f AUTOMOBile., THe. CAR WAS 'PARKllJ 'PflSHING
THF. SfLTION OF THe. Ff.NCe. OVlR BRf.AKING IT AUlAV FflOM TNf. 'PO.fT.
'.
IIIIUI ~..ne/ n ~Orj 1/ f~iA ICUt'" fo f~."KNr4nlf.RS'.':" AS 1 Ff..l.l.
TNlV ARf.. 1llSfJONSIRll. FOR THE. COST O~ THf. Rl1'lI.IR OF TNl FCNCl, AND ANY
"01lDlNANCl" "VIOLATlON."
IF THIS IS DlNIllJ RV THe.. KNADllRS'_.1'llASe. INFORfII file. IN WRITING.
AS I "Ill HAVl KNOW CHOIC!: BUT TO FIll. A r:rVII ACTION AGAINST THf.JJ fl/ITH
Mil "UNDIS1'UTl./)" "lVIDlNCf.". IN A rnflRT OF lAW.
cc;
On" nne/ gnaa Kane/L...
,'J9(] lm/lthe/l. 1lnne/
Cn.n Hill 1'.."nA"L"nnin
..7n.'..,
\0) 0 If(flf:
lJ\1 JLI. Z 5 I9ili W i
Lower Allen Township,
e~.Q~d{ll~
1'.O.R"r q..
Hunt Vnl L..." fIIa""Lnncl
2,'O''/fl1
1--13"1-
.--,
-
/
PLAINTIFF'S
EXHIBIT
70:. LOIIlJl oflllA TOll,ull'
111&TI0N: 1111. ofl8lJlT tI1U~ITSTONl.
roolS lAFOllClAlAT OFFIClR
1991 HUIfAlL ,fVlAUl
CofA' HIll, 'lNNSYlVofNIof 1701/-5918
F1l0/fJ: FLOlIlACl 11. 'IllllR
'.0. 80X 911
HUNT VoflllY, lfofllYlofND 210101
fo)Jl~ ~ ir .. _.-'
'1'
'L 'J JUl I 4'j97 J"':
lower AI/en Town:.:hl J
/fc. 'ci,At~tan~i
1 .i4A ta caap~cat~ .itA 'au conc~cnin~ ,ouc cecent Lattac,
concecnin~ tA~ cuttin~ of tA~ ~ca44, at IJ88 lo.tAac 1laaJ ,
la.~c ofll~ Ta.nAAip, Ca.p Hill, '~n4,lvanLa 170111, .ALcA
1 .<<4 <<vacuat~ Ica., an lanuac, 09, 1995, Jue ta AL~A Lavel4
al a vacit~, al IfLccaac~anL4a4, af .ALcA ,au aca a.aca, Ja ta
4tac. Jtulla,.~.
8a~~ an lci~' c~poct .ALcA ,au Aav~ a cop, of, tAa Aiccaac,anL~.4
anJ Cattullinatian .<<4 faunJ in tAa 4ail in a Ai,A lav&laut ~iJa ,
tA~ Aau~~, anJ .a~ c~l~cc~ ta a~ a 8Lala,lcal 'a4te Slta. I ,
vi~ tALa a~ a pat~tiall, Jan,.~.au4 pca6l~, to an, paC4an
.alkin,. an tA~ pcap~.t, anJ fael ta 4CAJ 4a..on. on ta tAa pca-
p~ct, .aulJ 6~ ccu.L.al in natu.~, 44 it .aulJ CAJan~ac tA~, 11
,au Aav~ inlac.atian to a44u.~ .e tAat tAa 4ail i4 nat cont..ln-
at.~ anJ 4.nJ it. t.. .e , anJ lciL4 cepact JlJ not Ilne Cata.lna-
tian out~iJ~ tA~ AOU4~ I .lL can4lJ.c ,auc c.fu~t, la... 4lL~n
_aulJ Aav~ ta ackno.l.J~e .ec~ipt al tAl4 Lnloc.atLon, anJ 4i,n
aW1llLlASlw, tAat un,on~ ~te.ln~ an tAe pcop.ct"woulJ 6. Jaln,.
,
4a .itA la.~A ofllen _ill 6. lIA8ll, anJ I ~Aall 6. A.lJ HA1llfllSS.
~
--
PLAINTIFF'S
EXHIBIT
. ,1 lOIll~A ~LL~ TOllln4Aip
.' : ,CoJu lttloltcea~t
:.:::./991 Hu_d ~,,~u~
.;.;: CUlp NiLL, 'uuu.'~"tUlia
.f,(' . .
,ol!.;'l! F.
.---.....
'Lolt~ce ~. 'iLLielt
'.0. SOl( 'III
Hunt VaLLe" Aalt,Land
210JII
--....-- -
Oec..6elt 12, 1997
DEe, 5
f.
, -- ---
'De.alt /h..-l.6"
1 .aecel"ed a
...-:'" ...~
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6iLL lolt t~aee AundlteJ doLLalt4, lolt ,lta44 cuttln"
/
; in. No"ea6u 1997. l'Lea4e ulu to a, cutllled L..ttu olluL, 09, 1997
; to "a.-:-.:i.,At4tG'!e, fU 1 III/U lIIaltn, on II upL, anJ II ~Ul.ASl. ...lg.n.eJ, I,
:,a, fuutiolU. a.n..4.1IIe.U.J concunin, il t.~e ...oiL lIIa4 t!.ontaalnatuJ out4lJe ,
.,
....:~Ae paeau.u 1188 lOllltAu 1l0IlJ, CUlp HilL, l'cllu,L"anla 170"'. I IZIII adin,
.:-:{,ou 1II1t, ,~u ~ave ig.n.oaeJ a,. Le.ttu , and In...teaJ 01 IIn4.uln,. 'OU ...~t ae. ,
..;!~'li I '..
):,~~Cl' 6 ilL. . in. No"ea6ell., /Ultin, ae. to pll' t~ItU ~undltCd JoUau lOll cuttln, .
..-....',;. ..,' .: ,
. ..,~ -1
.<;'~lte. ,aa.u.. 'LefUe inloUt ae iliAD cut tA~ ,ItCU4 and ItOIll aan, tt.u It 1I1a.4 .
. .....1 " '. , I
.. :/.cut..A.... o.nu 01 tAe. pltOput, . I 4ltouLd 01 6uIl lnlo..acd tAllt 'OU lIIeu,
;4' ,'.. . ", .
t::i,,:;"UlJin., ....o.un~ ontA~ pItOput,. OU 'OU lnlu. tltc pcuon tltClt IIItttt on tA~
'. .:..~ ,i..... . ."
... ~.:. -i- "
:\,.~, PA"pd:l.,. . dat . Lt u. ContUlinatuJ, tUld l4 a SioLo,.lc.L '/Ute S lte.. /U 'OU
. ~;..'~~ : ..
'~J~~"",~Clte.J Ut't/te. Novea6u 1996. l_ Sult. I oll..ltCd to Itll"e tlte ,..u.... cut, il
',. .
.:,:'~:,~u .0uLd ....tg.n. II aduut!. tit lit t~e puput, .cu not II BioLo,icaL 'ut.e Site..
~~~!~J 'o~ JlJnot ItCl"e. tlte COUlttu, to 4l'll II Itd..a..... to tAllt e"..ct. /U J .
,....Ibtji;.l.
:~l~~r~.t:~~:~.~~""~.~one. IIIlto 411ld tit.., 1II0llU do it fJlU, illo.u ALLeit lIIouLd .
&l~f ....l~.U '/1. Ae~e.ue. cU I cult 'OU to, ht 'OU IdLeJ to alU.lllU ., Le.ttu,
\.... " .
..,:;i/:....tatlAg,Lt I7CU 4ale. to "0 on tit.. pItOput,. Yo, ...tllteJ l.tt t~.. llll/l Suit t~llt
. . .
':. it lllcU a TN~l.AT TO TNl. CO~"UNlTY. I ..nt II dg.n.ed AIIIlJIl"lt tltllt i.t i4 4ale
. ..~'to ...Uld tUl"me Oil de puput,t ,
lttcL04eJ l.... Cl AFF~DIVlT, I 'ANT YOU TO SIr,N. Accoltdin, to t.ltiu In.-
. ,"
\
-,~
~~
Environmental Mic:tJiology
Associates, Inc.
.
.
.'
Phnn" .
Jamuary 3, 1995
r,'I'
r.".
To Whom It May Concern:
I examined the residence of Flor..nee Nilli.zo, 1388
Lowth.zo Road, Camp H111, PA. on October 13.t 1994 ~
determine if microorganisms were present which might pose a
health hazard to occupants of the house. ~urface samples for
microbiological analysis were taken at this time. In
addition, macroscopIcally visible growths of fungi were
detected in the kitchen, bathroom and laundry areas where
water damage had previously occu~red.
My analysis indicated that the f~llowlng fungi were present I
AlIp.rl1i~~Ull lip.
~.nici~lium 6p.
Cladosporium lip.
Stachybot:rYlI (tentat (va ID)
rrichosporium lip.
These fungi are commonly found J.n areas where the presence of
water or high humidity allow9 for their growth. While many
of theSe! organi9m9 are common ill a variety of environments,
their presence, especially in high numbers can pose a health
hazard. Hacroscopically visible growth of fungi indicates
the presence of extremely high numbers of organisms.
particularly important is the presence of Asperg1llus and
Cladosporium since these organl9ms are associated with
allergIc reactions and infectinns in susceptible people.
I am not a physician, nor am I familiar with the medical
history of either of the occupnnts of the house. However, in
my opinion 8S a mIcrobiOlogist, prolonged exposure to theee
microorganisms can pose a significant health hazard to the
occupants. On this basis, I would recommend that they not
. continue to live in the house.
Sincerely
~
Katherine H. Baker, Ph.D.
President, Environmental Hicrubiology Associates, Ino.
"_0.___.. ... ....__._
~ J /,. 2001 N. front St. Building I. Suite 217 Harrisburg, PA 17102
,;;> q tI,.. i tit' ,of' (717) 238-7930 fax (717) 238-7931
9,,,,,," (,f,iAilvt'.~l
by ~11'</II!'N~ 17)/l5,F 1/"
& ,
PLAINTIFF'S
EXHIBrr
"'" '.
j'
"
,..-.."
W.B. MILLER IV, PoE.
CONStlLTlNG STRUCTURAL ENGINEEJ.
3001 PID S'l'IIEET
IWl1lISBIlI<<l;L'\WU
TELl (717)
FAX, (717) IUo:lA31
November7,1994
(JerI)' (Joodlina
Erie Insurance (Jroup
P.O, Box 2013
Mechonlcsburll. PA 17055-0710
Re: lruipceuon of Stonn Related Buildinll Damalle
Residence of Florence Willier
13AA T .owtMr Rom
Camp Hill, PA
.
Dear Mr. Ooodling:
In accordance with your request, I conducted a structur.lllnspection at the reildence of Mrs. Florence
Wil1ier on October 28. 1994. The purpose of my inspe<:don was to determine the Clluse and extent of
apparent 3Wctur1ll d4mlI&e to the first floor framing In the crtlwl splICe Q1'C4 of the mllin rosid~nce, and
to inake general recommendations for repair. My inspection included a general waJ.]c.thru of the
Interior and cxterior of the l'C$idence, an In3pcction of the rooffnming from lhc ClttiC lII'ClI, and direct
inspection of the underside of the f11'St floor framing from the crawl SplICe. My inspection was
cumluc;lI:ll in we prelll:Il\.."l: uf Ihe iUburcu - Mr:;. Flolcnce Willlcr, aud het daughter.
BUILprNO DESCR.IPfION.
The subject residence Is a one story wood frame StrUCture consisting of the main xesidence area, and an
attached building wing at thc right side renr of the main residence. 'I1lC main residence area has overall
exterior dimcnsfons of 31'-6" deep (front to mar) by 43'-4"1008 Oeft to right), and it contains a
moderatel>, pitched symmetrical Jable roof that slopes from a center ridge to the front and rear. The
renr buUdIDg wing hIlS exterior dunensions of 22'-8" deep by 11'-8" wide, and il contains a
mOderately pitched symmetrical gable roof thaI slopes from a center ridge 10 the left and right sides.
The ridge of the building wing intersects the rear ~'Pan rllf't.crs of the main gable roof near mid-length
forming a pair of vll11eys which slope down to the lntcrsecting building comers.
The roof constrUCtion of the main msidence consists of lx6 nominal wood sheathing. 2x6 rafters at 16
inch centers with 1x6 collar ties at 32 Inch centers spanninll: front to rear. and 2x6 ceiling joist'! at 16
Incb ccnlCtS spanning from left to right between the exterior l1uUdin& end walls and sevotal interior
bearlnll partitions. The rcmalnlnll bulldin,l construction of the main xesidence area conslst:l of wood
stud fnune exterior bearing walls, concrete block masomy foundation walls, and wood frame floor
con.ttruction over an approxlmate 3 foot hi,lh earth floor cmwl space. The floor construction consists
2x8 floor joists al161nch centers with plywood sublloor spanning approximatcly 10 feet between the
front and rear exterior ma$Onry foundarlr.m walls and two lines or cnntinllnll~ lnlt:rior wood girM~
Each line of wood :Wers COnsiSl' of bunt-up triple 2xS's spanning approximately 11 feet between the
left lI11d right ~ide extllrior masonry foundation walls and two Interior block masonry piers located It
the approximate third points of the cmwl space length. The crawl space area is vented with two small
mllSonry foundation vents, one located in the risht aide fOllndatlon wall and one located in the left side
foundation wall.
102
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f""'I'
Insp. of Florence WilUer Residence
(2)
; NQvembcl'7,1994
I
I
"
I
! ('
INSPEqQO~- . .1, , .. .
An lnspeg1ion 01 the atructul'll WlU .conducted on 0\:101lc1' 28, 1994 lU lIcrclIlllne ~ extent of SlnICtutal '
buildillg'dan1a&e relative 10 tbesnow and Ice loading conditions of the recent winter, &lid from .
lWOC14ic:d:waru lnfUtration wt has ~utll:d ~1n\:Cllhut time. According 10 ~~DlS ~y both Erie .
Ins~~ pod the Williers, a canopy suuclUfe that was attached to the rear of the hp-usccollapsed
under 1hli wel&ht of SII0W 1UI111i;e. The collapse of!i1ls SUUCIUI'C caused the failure,and collapse of the
raflet ext=nsioDs and roof overhang al tho rear of the main residence, and It causediorc9Dtribl}lCd to
SOllie lllr~tunl Cl'lICklng and damage to the main ra1Ier framing. 1n addition, there! was;assoclAted
water Jewg and infiltratlon through the roof at the'rear Kitchen and Dinin~ Roon) areas as a result of
buIll lee damming and the collapse of the roof edge and ovelhang. Tho orlpna1 shjngleS were reportcd
10 have been in very poor condition, and there may have been additional shirig1c d~a&e during an
effort II) shovel and remove snow from tile root: Sometime after the coll8pse of tilt; canopy, thO
Wllliers engaged a conlrllctor to make structutalrepair's to the dam82ed roOf ~& and collapsed roof
overbangs, and to re-sI1lnale the roof of both the rrialn residence and the building ~g_ Tho repairs,
'.dld not inclu:le the rclnsta1Iation of any gutters or downspouts, and the wode did nOllJiclucle any
repairs Id any intorior finishes or floor fiam.lng. .
, An inspe~..tion of the roof slrUCllire and roof framing from both the exterior and tlx: Ilttic area revealed
no evidenCe of any serious slruCturaI dlllDaie. dislre$.S. or undue or excessive ~tinns. Moreover,
all apparent structural damage to the roof framing, rafters, and overhangs had beenlrcpaired. There
was evidence of some millor rot and WalU dam~e tl) the mof Mlealhlnl: that had nql ~n repaired;
however,' the damage was relatively minor, random In l~on, and not DC:CCssarlly a result of thls
winlet's w&tc.r lnfilll'lUion problems. . .
An ~on of the Intaior ohlla .maln residence revealed some modenue to serioilll ~l;l' to, the .
wall, floor,1 and ceiling finishes, and to the wall and floor framing In the rear Kill:/uln and Dining.
Room arf.a$ of the house. This damage included a large hole in tho Dining Room Cl'1Iin8, a large hole
ill the 'Kiti:ben subfloor, and slgnlficant but less extensive damage to the adjoining iNall framing anti :
floor. Wa1l,1 and ceiling fmlshes. According to the Wi!lier:l, thLs dlunagc WM c4~d by wAter lew .
and water infiltration through the roof, ceUlng, and walls; and thllt the leaks and ~at'cd damage
continued II) oceur even aftcrrepalrs 10 the roof atruQtWC and replAcement of the rtl\lfshlugles. Mtlie
time of my!lnspeetlon It had been relatively dry for a period of several weeks, but there was no
ovldl:nco that water loW or infiltration were continuing to occur.
The craw~ :.pace A1'Ca WM inspc:c:tedto delel'lUillC tlu: .wndltiun IIIld extent Qf sllU~ lll!mage to the
floor ~g. . In a telephone cO)1versation with Lower Allen Township Code Offiq;~~:'1~y stated
. that an !n.ip\:ctiOU of tl1c CIlIW\ spucc hllll been cOnduclOd, and that the InlCrlor WOO~ Il"~ werq
~riously !leflected. As a result of this inspection, the WIllicrs engaged a conlIa.ctllt/Q InStalln series of
alx-lCWpo,r;rr sliuringjllCb, une under the approxlm~ mld-span Qf each Interior ~ At the time
of my ins~tion, tho temporarysh<ires were In.place.and the girders were serlousl~ deflected with.
lUtal e:nlmlUCd dctIecl10ns of 3 10 4lnchcs near mid-span. Although the: temporary Shores were tight
under tho 1Wcrs. there apparenUy was no attempt to jack-up the girders and relievelsome of the beam
suess. Both the ~s and tile floor construction In die front two-thirds of the hoqsew.ere found to
be In sound condition with no evidence of any rot damage or deterioration. Howev~, the a1rders were
also noted to have random spliccsln the Indivillual members near mid-span. The floor construction in
the rear third of the bouse,liIcluding the subfloor, joists, and bandboards were nOled to have moderate
10 severe rot damage and deteriOl1ltion from water Wiltration and high humidity corjditions. Tho area
of Sl1'\lctUtal damage has approxUnato dimensions of 10 feet deep by 20 feet lonll. aild ItrouJ:hly
coincides with the previouSly described Kitchen and Dining Room areas above. In gene.'8l, the extent
of StlUCtur.u damage would be considered lIS moderato to tho floor joisu. severe to the perimeter
bandboards, and moderate to the plywood subfloor; In addition to the recent rot damage. to the
subfloor and framing that occlllTi:d from water leaks.lnfi1trat1on, and relllterl humidIty inCrease.!, there
I I
, :
103
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IMp. 'JfFlotence Willlu Re,ldenco
(3)
Noycllllic:r 7, 1994
WllS si&ni1icant evidence of !.ons term rot dJunage 10 both the perimeter band boards and 10 the subfloor
and fr.unlnll around plumbing lUld pipe penctratioll$ below thc Kit.cben.
CONCLUSIONS AND RIlCOMMENDATIONS-
The inlCtior triple 2x8 wood gilders In the crawl space azea are severely def1ccred and in a Slare of
pl1lCtU:Dl structural fallure. Th.i3 fallw.o i~ lluc tu the Improper lles1an and constrUCtion of the girderS,
and their IlIllbllity 10 properly support design Ooor loads. StrUCtutlLl clllcu1ations indicl1lC tbat &irders
hAve only about 50% of the capacily lluu b necessary to support rcqulrel1l1esign loads unc1cr ideal
conditions, and that lheir ClIpacity is further reduced by the improper location of member splices near
mid.sp411. nlC wuw ~-inlcr:s showed no evidence of damuge or deterionuion from rot, water
Infihrntion. or high humidity; lhey were obvlously deflected from long leon loudin,& conditions. Since
l.IJc: rouC r.u'ters span from lhe center ridge to the front and rear eXlerior walls, rhere IS no U'llJl!lfcr of
roof dtad or live loadi either direl;tly into the ceiling framing ur indirectly into the floor fram~.
Accordingly, lhe first floor framing and girders support only floor!.oads. ceiling loads, and the weight
of the Interior partitions while the front and rear exterior walls support all of the roof load$.
A 10 foot wide by 20 foot long section of first floor framine in the left rear comer of the main
residence below the Kitchen and Dining Room areas has suffered moderate to severe damage from rol,
water infIltration. and high humidity. The damage to this framlne includinu sub-floor.jol~t~. and
~meter bandboards hIlS been caused by a combination of long tenn exposure conditions and water
infiIwtlon from the winter snow and Ice conditions. The wuter infiltralion wR.~ BIlrwently CIIU~ by
Ice damminl: conditions in conjunction with damaged or deteriorated shingles and f1ashIn~s. This
water infiltration has also caused dllmllie to wall and et:iline finlslle.s and some damage to mrerior and
exlCtior wood stud partitions in the Kitchen WId Dining Room areas.
The rot damaged area of floor coDStnlctlon including subf1oor,joi.~ts, and bWldboards should be
removed and replaced with ""w construction to malCh. All dama~ed wall, f1oor,lU\d ceiling fIni.shcs in
the Kitcbtn and Dining Room should be replaced. The deflected mterior wood gi1'dcrs should be
jacked-up and m.l"v"l~d, and they should be reinfOl'Ced with thru-bolted steel channels elloh side that
are properly designed to suppon floor and ceiling loads. The owner should have additional venlS
added so thllt the crawl 'pace Is properly ventod, QIld they should hllvc gutters and down.5pouts
installed to collect and clianne1 water from the building III1d iL~ foundation walls. With the temporary
,horinjljacks in place. I would ,'Onclude !hilt the floor struCture ill not In Imnlcdiill.c Illwgcr uf collapse.
and that the house is safe to ocoupy until final repairs am made. However, due to the seriousness of
the &l%UctUl'lll dumllge and dctcriorWon,lt is imperative thallllC n:plllr wurk be completed lit the earUcst
pOSSible time.
In summary. there Is damage to the interior finishes and floor framing In the Kitchen and Dining Room
ucas !hat have occurred from WIIl.l:l'!cub lUld IntllUlU10n due to Ice damn11J1J: conditions. There is also
additional long term damage that has oc(;um:d to the floor construction as a result of improper crawl
space ventllllllol\ lIud lu.d of proper building maintenance. The damage and detlectloD to the inlOrior
girders Is the result of Improper design and constnJA:tioD, and long tenn floor loading,condidons; not
lilt ll::lull uf snuw and Ice loadln~ condItions, or rot and water Intiltration damage. If you have any
questions conce.mlng my inspecuon, this report, or the scope of damage WId repairs. please contact
me.
Respectfully su~mi~. _
~:- .~~~
William S. Mi11crIV. P.E.
StrUCtural En&ineCr
104
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~ COMMONWeA~TH OF peNNSYLVANIA
INSURANCE OEPARTMENT
STRAWBERRV'QUARe
WAANISIUAO. PA l11l0
,-.
November 3, 1994
U~!'HONI. 1m" 787-1821
MI. Florence Willier
1388 Louther Road
Camp Bill, PA 17011
RE. Department ~il. No. 94~188-06S40
Dtar Ms. Willier.
'this lettal:_u .1n..repl~. to .youc_i.nqld ~.y ton.cw: Department .alllL.ow:..
recent telcphone cenvaruation with yo~ and your dau~her, Darlen~.
w. are aware that you reoelvod $20,000 for partial damagea to
your home. In order for the company to proceed with the reat of
the claim they w~nted a structural engineer to Inopeot your
property. It appears there was a conflict and you mentioned to
the company you were g~ttlng A microbiologist to teot your
property. Also your home was being condemned on October 31, 1994
by Lower Allen Township. The lnMur~n~e com~Any hAO the right to
go through the claim procedure in order to properly pay II claim,
It appears they were trying to accomplish thia go~l.
Currently it also appears you are representea by an attorney
with whom the company is attempting to reaoh a settlement. To
avoid any oonflict of interest in thl1 matter, we would suggest
you oontact the attorneya and be gui~e~ by their advice. Aleo,
ae long as you are representea by counael, all future contact
with our Department on this case must come through your attorney.
w. regret our inability to be more helpful.
Sincerely,
f:nffco(IP
Consumer Services Representative.
VC:amh
1110-29-2
cc. Erie InDU~QnOC company;!
ATTN. Jerry Goodlingv
P. O. Doll: 2013
MechanIcaburg, PA 17055-0710
eQ. M~. ChA~le~ Bhielda
2 West MAin Street
Mech~nlcubu,y, Ph 17055
co: Mr. William P. Douglas
27 weat High Street
CarliSle, PA 17013
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w.s. MILLER IV, PA
CONSVLTLNG STRUcrURAL ENGINEER
3Oo11l'1D lITUET
1WlIIIB11JlW6L" .mll
TEL. ('717)
fAX. (11'1) ",,:un
November7,1994
Oeny CloodUng
Eric Insurance (Jroup
P.O. Box 2013
~lu1n1csbure.PA 17055.0710
Rc: Wpcc.1ion of Stonn RellUl:d BulldiDi Damaie
Residence of flon:nce Wl11ler
13Rl1 T .nwthl'.r Road
Camp Hill, PA
.
Dear Mr. Ooodllng:
In accord:1nce with your request, I conducted a structuIallnspecdon at the red-denee of Mrs. Florence
Willier on October 28, 1994. The purpose of my inspection was to determine the ClIUSC and extent of
lIppAtCllt stnlCNtQ1 dlImIl,c 10 the first floor Uanilng In the crAwl BpllCO IU'C4 of the mllin residonce, and
to inake general recommendations for repair. My inspection Included a general WlIlIc.thro of the
Interlot and Clltttlor of the l'CSidCllcc, an lnspecdOl\ of the roof t'tamlns from thI: attic II1'CII, and direct
inspection of the underside of the f1l'St floor framing from the crawl space. My inspection was
cU/llluclI:tJ III the prcbt:II~" uC Ille IlIbUll:d . Mil>. FlOICIICC WiUlClo'. lUld hee dllughlOl'.
BUILDINO DF.SCRIPTIQN. .
The subject residence Is a one story wood frame strUCture consisting of the main residence uca, and an
a1W:hcd buUdlng wing at the right side rear of the main residence. 'l1lC main residence aIell has overall
exterior dimensfons of 31 '-6" dCep (front to rear) by 43' -4"long (loft to right), and it contains a
moderatel>, pitched symmetriCal pblO roo! tbat slopes from a cenrcr ridge to the Crom and rear. The
rear buI1d1llg wing hIlS exterior dimensions of 22'-8" deep by 11'-8" wide. and it contains a
moderately pitcbed symmetriCal gable roof that slopes from a center ridge to the left and right sides.
The ridCe Of the bullding wiJ!g Intersects the rear S{lllII ruftcrs of the main gablc roof near mid-length
formiDg a pair of valleys which slope down to the intersecting bullding comers.
The roof co~ of the main resldcncc consists of lx6 nominal wood sheathlng,2x6 rafters at 16
inch centers with 1x6 collar des at 32 Inch cenle1'S sp~ front to rear, and 2x6 ceI1ing joists at 16
Incb centers spanning Crom left to right between the exterior buUdina end walls and seveta1lntorlor .
bearing partitions. The remllinlnll b~ construction of the malri residence area consists ot wood
stud fnunc exterior bearing walls. concrete block mssoruy fO\U1datlon walls, and wood frame floor
cnnuructlon over an approxlmate 3 foot hl2h earth floor crawl space. The floor constnU:tion consists
218 floor joists at 161noh centers with plywood subfloor spann1ilg approldmlllCly 10 feet between the
front and relU' exterior mAsonry fllundRtlon WlIIIs Rnd two lIn~.s of cnntinllOlu Inlt'.rinr wond g1n1t11':\.
Each line or wood ~ers consists or bunt.up triple 2.x8's spanning approximately 11 fc:ct between the
left IIIId rillht >>Iele eXlJ:rlor masonry foundadon wlllls and two intufor biock masonry p1en 10cated at
the approximate third points of thc crawl space length. The crawl space area Is ventea with two smnll
nwonry t'oundation v~nlS, one 10clltCd IJ1 the risht aide foundation Wall and one located in the left side
foundation wall.
102
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Insp. of Florence WilUu Rciidenco
~
(2)
NQvembcl'7,191l4
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~S~~~t tho .lnlclUtC \ylU~nductcd on ~1O~I' 28, 1994 III dctcnnlne ~ oX~nt ot suUclW'al '
buil~ing t1ama&c relative to the snow and Ice loading condldons of the n:ccnt wln~r, ~d Cram . .
lWOcl4lCid~wAfCl'WUtrAtjOlllhat lWo.ccutlW Mn~!lull dmc. AcconlJng to sw.e~n~_f.Y bOth Erie.
Ins1irJm~ futd the Wi11lers, a canopy 5llUClUl'e that was attached to the rw of the ~use,col1spsed
under lhIi welgbl of AllOW lID\! h;c. The collapse of ihJs SlrUCtUl'C caused the fallurc,and collapse of !he
niter oxtellsions and roof OVCIl1ang allhc rear of 111(\ main re:WJence, an~ It causedlorc9ntrib~d to
aoIlle IllrUlJIUIlIll:lllCklnll and damage 10 the main rafter framing. In addition.there!wlIS;assocIated
. water lca)dng and infi1tn1t1on through the roof at the'rear latchen and Dinin~ ~ areas as a result of
huth Ice d4mining and the collapse of tbc root edgc and overhang. The orl~~ ~e$ were reported
to have been In very poor condidon, and there may have been additional shiriglc d~a&~ dur!n.il an
efl'on !l) ~ovel and .n:move snow from tile root: Sometime after the c01lilpse of thC C8!IoPy. thC
WDllers ~ngaged a cOIltractor to make sllUctural repairs to the dam~ed roOf ~& and cOllapsed roof
ovemAD:S, and to re-sI1lnale the roof of both the IriaJn residence and the building ~ Tho repairs,
',did not Include the reinstallation ot any gutters or 4Qwnspouts, and the work did nOlmCludc any
~palrs td any inlCrior finishes or floor fiUnlng.
. An lns~1ion of lhc roof struclljre .and roof framing from both the exterior and the jUtIc area revealed
no evidenC:c of any serious structura1 damallo. dislll:ss. or undue or excessive ~nQ5. Mol't'.over,
. all appuc:otslnlctura! damage 19 the roofframJng, ra&rs, and overhangs had bcenlrcpllired. ~ere
, WIIS eVi~1iCC of some minor rot and Wa!U damaie to the mof Meath In!: that had ~t Iie4!n repW'Cd;
however,'ll1c damage was relatively minor. random In locadon, and no: necessarlljl a result of this
wincer'~ water infilll'litlon llrobl.:ms.. . .
An insJleC~OD of ~ inltrlnr of me.malo residence ~veaIed some modenne to seri.oi's ~lfO to;che .
wall; floor,l and ceiling finlshcs, and to the wall and .floor fmmlng In the rear KilC~~ an~Dming
Rool)1 al't'.J\~of the house. This cbn1ase included a large halo in tho DininS Room cpi1ini. a IargO hole
in the 'KitChen subfloor, and significant bot less extensive damage to the adjoining ~:fnun1n8 and :
. floor. WIlll.I and cei.lins finishes. According co the Willicrs, thl4 d4magc WIllI C:~1UCd by wAter Ic:w .
and watet Infiltration through the roof, ceiling, and walls; and mat the Ic:ab and~' . ' damago
continued tj) occur even IIftCr repoJrs to the roof BtnlQ1WC end rcplllCCmeol of the lO\lf. gles. JioJ. Ihe
time of myllnspcctionit had been relatively dry for a period of ICVeral weeks, but tIletc no
evidence Ih:at water 10Gb or iDflItrlltlon were continulil~ to ~ur.
The crawl is;p~ area was lnspecl.c<tto dclCl'l1Wu: t.iJl:. wndidun IIIld extent at strU~~e to tho
floor~,. In a lelcphono CO/lversation with Lower Allen Township Code om~~y stated
. chA~ an .tion of 1l1c Clllwl ~p~ hlIll been collllucte4. ailcJ that the ullcrlor wooq IS':''P'! wczq .
. . senously ~ & a result ()f thilIlnspcctlon, the WIl1Icrs engaged a contra.ctor~ InStall a sencs of
slx'lCDI~ sh~juckll, one UDder tho approxlm~ ~d""pan (If each ln~or~ At the tline
of my iJ!s~tinD, the tempoIlltY-shOres were In.placC.and the jIrders were serious dehd with
lUtul cwm\UCll dcf1ections of 310 4lnchos near mid-SJlan. Although the tempotat}' oieS'Were tight .
undu lhc ilrders. tbcre apparently WlU no attempt to Jack-up the girders and relicVe SQlllO of the beam
streSS. Both the ~s and tho floor constnu:tion In the front two-thirds of tho holjse .w,cre found to
be In sound condition with no evidence of any rot damage or detetioratlOIL Howevjll', the airdcr$ were
also noted lb have random splices In the individual members near mid-spnn. The flbor constnu:don In
tho rw third of lhc bouse, lilcludlng the subtloor,lolsts, and bandboards Wcl'c noted to have moderate
10 severe rot damage and c1eteriOl'lltlon from water lnfiItration and hJ&h humidlty coJjditinm. Tho area
of StnlctUr8l damage has approximate dimensions of 10 feet deep by 20 feellona. and It rouahly
coincides wlth the prevIouS1y d~tibed Kitchen and Dining Room areas above. In ~eneraI, the extent
of SlI'UCtur.t.l damagc would be considered as moderate to the floor joisl3. sevCIe to '11e !l'=rimeter
bandboor$~ and modcrale to the plywood subfloor.. In addition to the 1C(Cnt rot d.1lIha8c to the
sublloor ana fnunlng chAl occwri:d from Willet lcaks.lnfiIlratIon, and related humIdIty lnCrease..s. there
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Tn$p. of Florence WiUler Reildenco
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(3)
NOYCllllil;r7,I994
W.IS signlflcant evidence of long ~nn rot damage 10 both the perimeter bandboards and 10 the subfloor
and fr.unlnS ClI'ound plumbill8 And plpa pcl\CtrAllolI.S below L11l: Kitchen.
CONcr .lIStONS AND RIlCOMMP.NDATIONS.
The Interior triple 2x8 wood girders i.D the crawl space lII'C4 are severely def1ccred and In a srare of
plllCtical structural faD.uro. ThJ" ftillu.ro b cJuc: lU tbc Improper design anc1 consll'UCtion of ll10 girderS,
and their IlIllbWty to properly support dc:.Ugn floor loads. SInICtUtlLI calculations IndiclllO that &irders
hAve only IIbout 50% of the clIpaell)' tluil b /Il:cessary 10 support rcquIrecldeslgn 1oa<ls Wlder Ideal
conditions, and that their ClIpacity Is further reduced by 1M improper location of member splices ocar
mid-span. TIlc wUl.KlIo'inlCllI sbowed no evidence of dlUllll8e or deterlollllion from rot, walet
InflllrntlOll, or high huinldity; they were obviously deflected from long tenn 10000lng conditloDS. Since
Ihe lUuf rJ.t'tcn S)ll1n from Ihe center ridge to the front and teat exletior wlllls, rherc b no lI'8IWct of
roof dead or live loads ellher directly inlO the ceiling framing or Indirectly Into the f100r fram~.
Accordingly, the first floor flaming and glcders support only floor loads. cellIn: lond.s, and lhc weight
of the interior partitions while the front and rear exterior walls support all of the roof loads.
A 10 foot wide by 20 foot long section of first floor framlne in thc left real' comer of the main
residence below the Kitchen and Dilling Room areas has stiffered moderate to severe damage from rol,
water i.Df'lItratioll,llI1d high humidity. The damage to this framlne includin.v llUb-floor,joL~t~ Ind
~meter bandboards has been caused by a combination of long tenn exposure conditions and water
infiItrlltlon from the winter snow and Ice conditions. The WlIter Infiltration wu apparently cawed by
Ice d4mmin~ conditions In conjunction with damaged or deteriorated shingles IlI1d f1ashlngs. This
walei' infiltration bllS nlso caused dlImllie to wall and Clliline finishes and aome damage to Inrerlor and
exletior wood stud partitions In the Kitchen IIDd D1niu& Room areas.
The rot damaged area of floor constrUction Including subfloor, joists, and bandboards should be
removed and rejllaccd with RClW r.onstruction to match. All daniaaed wAll, floor, and ceiling f'ilIiahes in
the Kitchen :Uld DinIng Room $houJd be replacc:d. The deflected Inletior wood girders should be
ju.cked.up and l'l\-l~Vlllt4, Rnd the~ should lie relnfOC'Ced with tlw-bolred steel QIin"n.", cAch side that
are properly designed to support floor and ceiling loads. The owner should have additional vents
added 10 thllt the crawllpace Is properly vented, and they should hAve gutt.0r3 and dOWNPOUlS
InSllllled to collect and cliannc1 water from the buUdIng and lIS foundation waJ1s. With the temporary
Ihorlnajacks In p1aco, I would conclude thAt tbe floor SlI'UCturc b Dot In lmmedllllc: wgcr uf cuUapsc,
and that the house Is safe to occupy Wltil final rcpaiIS are made. However, due to the scrioUSllC$S of
tbe Sl111ctutll1 ~e lI/Id dotcrioratlon, it Is Impctlltlve tha( tlll: rc:ptdr wulk bll t;omplcted at the cartlcsl
posslblc tIme.
In sUll1llllll)'. tberc Is damage to the Interior finlshes and floor framIng in the Kitchen and Dining Room
atClIS that Iiavc occurred !rOm wlllcr lcub IlDd ln11luadon due to Ice c1amm!n.I: conditions. 'J1lerc b also
addltlonalloDg term damage that has OCCIIITCd to the floor construction as a result of Inlpropcr crawl
~acc vcntllatColllud llId or proper bullding maintenance. lbc dAmage and detlectlon to the lnrerior
ders Is the result of Improper design and construction, and long tenD floor loa<iiJIg conditions; not
lC msult uf snuw IIDd 1cC loacllng condltlons, or rot and water lntUtralion damage. IfYOD bave any
questions conccmlng my inspection, this report, or the scope of damage IlIld repairs. please contact
. me.
%;?aN -
Wllllam S. Miller IV, P.E.
Structural En&inW
104
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_, COMMONWEAI.TH OF PfNNSYLVANIA,......,
INSURANCE DEPARTMENT
STAAWBERR'i CQUAU
HAARlnUAO. Pol nllo
......---. .....
November 3, 1994
TnrrHOHf. ellll. 787-1BZ.L
Ms. Florence Willier
1~88 Louther Road
Camp Rill, PA 17011
RE. C8part~ent pile No. 94-188-06540
Dear Ms. Willierl
.'J:hia letuu:_u .in..r.eplll-. to .~uI:.-inqlll '''y h., mu:.. Dapartment .And....o~ .
recent telephono oonvu'saUon with you aneS your dau!Jh.r, Carlen,..
He Arc AWAre thAt you reooivod $20,000 for partial eSamagea to
your home. In order for the company to proceed with the reat of
the claim they wAnted 0 structurAl engineer to InDpeot your
property, It appears there was a conflict ana you mentioned to
the company you were gett.1ng A D.iorobiologist to teat your
property. Also your home was being condemned on October 31, 1994
by Lower Allen Township, The lnMur~nue uom~Any hAa the rigbt to
go through the claim procedure in order to properly pay a claim,
It appears they were trying to accomplish this go~l.
Currently it also appears you are represented by an attorney
with whom the company ie attempting to reach a settlement. To
avoid any confliot of interest in thil matter, we would luggeGt
you oont~ot the attorneys and be guided by their advice. Also,
8S long as you are represented by counsel, all future oontaot
with our Department on this CAse must come through your attorney.
We regret our inability to be more helpful.
Sincerely,
t!nf7co~
Consumer Services Represent.ative .
VC lamh
810-28-2
cc.
Erie Insuranoc Company.!
ATTN. Jerry Goodling~
P. O. Doll: 2013
Hechanlosburg, PA 17055-0710
Hr. ChArlee Shields
2 West Main Street
Mech~~luubu,y, PA 17055
Nt. William P. Douglas
21 Weat HIgh Stroet
Carlisle, PA 17013
105
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C-C. \-\c:,c't) I ,
C. <-' \)0 . \':-=S~t~~
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(1) "
exhibit 0
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EXHIBIT A
23
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ARTICLE 741'
Weeds
741.01
741 .02
741.03
Oefini tions
Height;nuisance declared.
Removal or cutting required.
741.04 Notice to remove or cut;
action by Township
741.09 Penalty
CROSS REFERENCES
~ower to regulate - see First Class
(53 P.S. 56526)
Health nuisances - see GEN. OFF.
Twp. 1502
721. 04
741.01 OEFINITIONS.
For the purposes of this article, the following words shall have the mean-
ings ascribed to them in this section, unless the contex clearly indicates
otherwise.
(a)
(b)
.Person" means any natural person, firm, partnership, assocation,
corporation, company or organization of any kind.
"Weeds. means all grass, plant life or vegetation whatsoever, which
is not edible. or is not planted for some useful or ornamental
purpose, or which throws off any unpleasant or noxious odor, or
which conceals any filthy deposits or tends to create or.produce
pollen.
(c) "Township. means Lower Allen Township
(Ord. 68-10 2. Passed 7-8-68)
741.02 HEIGHT: NUISANCE OECLARED.
No person owninq or occupying any property within the Township shall
permit any weeds to grow or remain upon such premises so as to exceed a
height of six inches, to throw off any unpleasant or noxious odor, to conceal
any fi(thy deoosit or to create or produce pollen. Any weeds so growing upon
any premises in the Township, or which in any other manner violate any of the
provisions of this article are hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants of the
Township. (Ord. 68-10 3. Passed (7-8-68)
741,03 REMOVAL OR CUTTING REQUIRED
The owner of any vacant premises, or any owner or occupant of an occupied
premises, shall remove, trim or cut all weeds growing or remaining upon such
premises in violation of the provisions of this article.
(Ord. 68-10 4. Passed 7-8-68)
'\
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25
ARTICLE 745
Vector Control
745.04
De!lnltto~ .
Prohibited acts.
Responsibilities ol owners and
occupants .
Vectorprooltog.
745.05
Plans and speclflcatlo~ lor
private vector control programs.
InspectIon: compliance: abatement.
Penalty .
745.01
745.02
745. 03
745.06
745.99
CROSS REFE~CES
Nuisances _ see First Class Twp. U502 (53 P. S. 156526):
GEN. OFF. eh. 721
Power to regulate - see First Class Twp. 11502
(53 P.S. 156544)
745.01 DE FlNmONS.
The lollowing words and phrases, when used In this article, shall have the meantogs
ascribed to them In this section, except where the context or language clearly todlcates
or requires a different meanIng:
(a) "Accessory structure" means a detached structure whIch Is not used or not In-
tended to be used lor living or sleeping by human occupants and which Is located
on or partially on any premise.
(b) "Breeding area" means any condltton which provIdes the necessary environment
lor the birth or hatching ol vectors.
(e) "Collection ol water" means water contained In ditches. pools. ponds. streams.
excavations. holes, depressions. open cesspools. privy vaults, lountalns, cisterns.
tanks. shallow wells. barrels. troughs, urns. cans. boxes. bottles, tubs. buckets.
rool gutters. tanks ol flush closets. reservoirs. vessels. receptacles ol any \dnd
or other contatoers or devices whlclI. may hold water.
(d) "DIlapidated" means lallen Into partial ruin or decay.
(e) "DIsI=osal" means and Includes the storage, collection. disposal or handling ol
reluse.
(f) "Dwelllng" means a building or structure .used for re51dentlal purposes.
(g) "Dwelllng unIt" means one or more rooms In a dwelling whlc!1 room or rooms
have fixed cookIng facllltles arranged for occupancy by one person. two or more
persons livIng together or one family.
(h) "Extermination" means the control and elimination of vectors by eliminating
their harborage places: by removing or making InaccessIble materIals that may
serve as their food: by poIsoning, spraying. fumigating, fogging larvicldlng.
trappIng or by any o~her recognlzed and legal vector control elimInation methods
approved by the local or State authority havIng such admlnlstr3.tlve authorIty.
'7;5.02
. (n)
"""
GEm:RAL OFFE~SES CODE
,....,
26
.
"Garbage" mems :Lll anlm:L.l and vegetable wastes result:ng from :be l:::lndllug'.
prepantlon, cooking or consumption of ioods.
(j) "Huborage" means any place where vectors cmllve. nest or seek shel:er.
(k) "Occupant" means any person. over one yeu of lIi'e, living, sleepIng, cooldng
or eating In, or actually havIng possession of, a dwelling unit or :I. root:l!ag unit
e:'tcept, :hat In dwelling unIts a guest will not be cons Idered an occupant.
(1) '''Owner'' mems any person wbo, alone or Jointly or sever:illy with others:
(1) Has legal title to any premise, dwelling or dwelling unIt, wltll or without
accompanying actual possession thereof; or
(2) Has charie, care or control of any premIse. dwelllug' or rin.'elllag unit, as
owner or 3gent of the owner, or an executor, admlnlstr:ltor, trustee or
guardian of the estate of the owner. Any such person thus representIng the
actual owner shall be bouud to comply ,,'Ith the provls Ions of this :u-:lcle and
of the rules and regulations adopted pursuant thereto, to :he same extent as
If he were the owner.
"Person" me:lns any natural person, flrm, partnership, associatIon. corporation,
company or organization of any kind.
"Refuse" means all solid wastes, except body wastes, :lnd sballlnclude garbage,
asbes and rubblsb.
(0) "Rubbish" me:lns and Includes glass, metal, paper, plant growth, wood or non-
putresclble solid wo.stes. .
(p) '~Towusblp of Lower .-\11en" means the Board of Commissioners of the Towrishlp
of Lower Allen, Cumberland County, Pennsylvania.
(q) "Vector" means a rodent, arthropod or Insect capable of transmitting a dlse'ase or
infection. Vectors .sballlnclude, but not be limited to rats, mosquItoes. cock-.
roaches. files', ticks, eto. .,
(1.") "Vector Concrol Officer" mems sucb person or agency or both, so designated by
the Townsblp.
(s) "Vectorproo{lug''' means a form of construction to prevent the Ingress or egress of
vectors to or from a. given space or bllUdlug' or g:llnlug' access to food, water or
harborlli'e. ThIs term shall Include, but not be limited to rat proofIng, fiy proofing,
mosquito proofing, etc. (Ord 74-15 ~2. P3.Ssed 12-9-74.)
ill
(m)
745.02 PROHIBITED .-\CTS.
(a.) ~o person shall deposit any refuse, oUal, poma.ce, dead anImals, deca.ylng matter or
organic substance of any kind In or upon any private lot, buUding structure, accessory
structure. premises or In or upon any street, a.venue, alley. parkway. ravine. dltcb.
gutter or Into any of the runs, creeks or bodies of water within or boundIng tbe Townsblp
so that the same shall or may afford food, harborlli'e or breeding areas for rats, files or
other vectors.
(b) ~o person shall deposIt or permit to :lccumulate In or upon any premise, lmproved
or vacant, or on any open lot or alley, any lumber, boxes, barrels, bottles. cans. glass,
scrap lron, wire, metal uclcles, pipe, broken stone or cement, broken crocker-I, broken
plaster or rubbish of any kJnd, unless the same Is kept In approved covered recept:lcles or
pla.ced on open racks tha.t are elevated not less than eighteen Incbes above the ground. and
l!venly pUed or stacked or disposed of as may be approved by the Department of Environ-
mental Resources or the Townsblp.
..'"
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27
Vector Control
745.1)4
\c) ~o person shall maintaIn a junk yard or a pl3.ce for the dumpIng Jr wreck:ng or
dlsassembllng of automobiles, trucks, tractors or machInery of any kInd or for :!le s:or!r.~
or leavIng of dilapidated, wrecked or abandoned automobiles. trucks, :ractors or machine:":
of 3.Oy kind or of any of the parts thereof, or for the storIng or leaving of any machInery or .
equipment used by COl1tractors or builders or by other persons 111 such a mal1l1er as may
ai:!ord harborage or breeding areas for rats or other vectors,
.(d) No persall shall store reCuse 111 containers other thal1 those which are made of
durable, watertight, rust-resistant materIal having a. close flr:tlnl{ lld which must be kept
011 the container when In use or In plastic bags which are durable and wa.tertlght, aed are
secured or tied. These containers must be kept clean by thorough rinsing and draining as
oftel1 as necessary so as not to provide food or breeding areas for flies.
(e) No persol1 shall construct, mall1tall1 or use a sewage system, privy, urinal, cess-
pool or other receptacle for humal1 excrement so that vectors may have access to the
excrementitious matter cOl1tall1ed therein.
(f) ~o person shall have, keep, malntall1, cause or permit any collectlol1 of standing
or flowing water III which mosquitoes breed or are llkely to breed. unless such collection
of water Is treated or mail1tained effectually so as to prevent such breeding.
(Ord. 74-15 13. Passed If-9-74.)
745.03 RESPONSIBILI'l1ES OF OWNERS AND OCCUP.i\J.'fTS.
(a) Every owner of a dwelling containing two or more dwelling UIlits shall malntail1 In
a clean and sanitary condition the shared or pubIlc areas of the dwelllng al1d premises
thereof.
Ib) Every occupant of a dwelling or dwelling unit shall maintain 111 a clean and sani-
tary condition that part or those parts of the dwelling, dwellil1g Ul1it and premises thereof
that he occupies and controls.
(c) Every occupant of a dwelling' containing a single dwelling unit shall be responsible
for the extermll1atlon of Il1sects or rodents on the premises. Every occupant of a dwelllng
unit In a dwelllt1g containing more than one dwelling unit shall be responsible for such ex-
termll1atiol1 whenever his dwelling unit Is the only one In!ested except that where lniestatlon
Is caused by failure of the owner to malntail1 the dwelling In a rodentproof or reasonable
Insectproof condltlon, extermination shall be the responslbUlty of the owner. Whenever
In!estatlon exists 111 two or more of the dwelling units In any dwelling. or In the shared or
publlc parts of any dwelling containing two or more dwelling units. extermlna.tlon shall be
the responsibility of the owner, (Ord. 7<1-15 14. Passed 12-9-74.)
745.04 VECTORPROOFING.
(a) Any dwelling. building, structure. accessory structure. premise or any other
place may be required to be vectorproofed when found by the Vector Control Office to be
providing harborage or breeding areas for I"\ts. files, mosquitoes or any other vectors.
(b) ~o owner, occupant, contractor, publlc utlllty company, plumber or any other
--.
1"""'1
145.05
GENERAL OFFE~SES CODE
28
person shall remove or fall to restore In like condition. tl1e vec:orilrooilng from lnv build-
Ing, structure or accessory structure for any purpose.
(Ord. 1-&-15 15. Passed 12-9-14.)
145.05 PLANS AND SPECIFICATIONS FOR.PRiVATE VECTOR CONTROL
PROGR.-\.'o1S.
A program plan and specifications for private vector conC'ol programs may be required
to be submitted to the Township 8.S deemed necessar'J by the Vector Control Office. The.
program plan shall be submitted by the owner or agent of the property on or In which the
vector control program Is or wUl be conducted. The program plan shall be submItted by
the owner or agent of the property on or In which the vector control progrnm Is or will
be conducted. The program plan shall state the type of vectors to be controlled. the name
of the company contracted to carry out the program, and any and all work to be conducted
In an effort to control the vectors. .If, after revtew of the program plan by the Vector
Control Officer, It Is found to be Inadequate or Incomplete, addltlonallnformntlon may be
required 8.S well as additional control methods.
(Ord. 14-15 16. Passed 12-9-14.)
145.06 INSPECTION; COMPLIANCE; ABATEMENT.
(a) The Vector Control Officer Is emplowered to make Inspections of the Interior and
e:tterior of all dwelllngs. buildings, structures and accessory structures. premises,
collections of water or any other places to determine full compliance with this article and
to determine evidence of vector Infestation and the need for vectorproofing or additions or
repairs to existIng vectorprooflng.
(b) Whenever It Is determined that any dwelllng, building, structure. accessory struc-
ture, premise. collection of water or 3.l\y other place Is In vtolatil.ln of this article. a
written nottce shall be. Issued setting forth the alleged violations and advtsing the owner.
occupant, operator or agent that such violations must be corrected. The notice may be
personally served upon the owner. occupant, operator or agent or served upon the same
by certified mail. The time for the correctIon of the violations must be given as well as
the necessary methods to be employed In the correction. which time shall not exceed thirty
days.
(c) Whenever the vtolatlons fail to be corrected within the time set forth In the written
nottce, the Vector Control OUicer may proceed to abate the violations In the manner pro-
vided by law. (Ord. 14-15 a. Passed 12-9-14.)
145.99 . PENALTY.
(a) Whoever vtolates any provision of this article shall be fined not exceeding three
hundred dollars ($300.001 and the costs of prosecution. Each day's violation of any pro-
vision of this article shall constitute 3. separ:lte offense. In default of the payment of such
flne and costs the person shall undergo Imprisonment for a period of not more than thlrtv
days. (Ord. 14-15 18. Passed 12-9-14.)
. .
, .
905.01
90!l.02
90'i.OJ
'O;.O~
......,
,--...
ARTICLE 905
Sidewalk Construction and Rcpair
90S.0S
905.06
905.01
Inspectionsllpecfications
Repair by owner without
notice
l;:UlltL.dCI.Il
SidewalX width defined
Width and location
lIplloiUed
Not~ce to construct
Nut!ce ~o repair . .
CRO~~ RRFERENCES
l'aving, curbing and repair.Lll\l sl<1ewAlks - see
First Class Twp 2303 et sex.(53P.S. 51303'et.lIcq.1
Sidewalkll to bo kept clear of anow an~ 1r.R -
nAA GEN.OFF. 72\1.02
Sidewalk m~t~ri~l dud construction method -
Ice S.U. , ~.S. 913.03
Permit raquired - s~~ R.lI. , P.S. 913.07
Subdivision standards - see P. . Z. 1181.01
1l05.01 SIDEWl\f,K WTOTH DEFINED
Sidewalks are hereby establ.Lshed on all streets and highwayo
In the township and unless speoifioally designated otherwille in a
particular ordinance affecting a streAt nr highway, the width of
II\lch sidewalks shall include all space betw~~1I l:.he property line
and th~ veh.Lcular driveway, even though thc opace is not paved all
a walkway. (Ord. 6B-6 2 Palllled 5-13-68)
...
90'.02 WIDTH AND LOCATION SPECIFIED
Unlea~ specifically designa~cd otherwiQe in a plan of atrp.AtR
approved by the Board of ComrniQ9\nnAr.a or in a particular ordin-
ance a~fecting a street or highway, the ~ld~walk pavement shall be
not le~~ than tour feet in width, tha sidcw~lk psvement herein
designatcd being looated between ~he propp.r~y line and the inside
of the 8i~ ;nr.h curb line. COrd. 68-6 3. Passed 5-13-68)
905.03 NOTICE TO CONSTRUCT
All ownerll of property ...hllt.t.ing on any street or highway in
thR Township, upon sixty days' notice tu du so trom the Board of
CommiasiulI~.cs ~hrou9'h the Township Secretary, chall conlltruct,
9'ra4e, pavo, curb, repave, and recurb, t.he sidew~lks along such
property And IlIlnn failure of such owner or owners to c;ulIIply with
such notice, or withuut llol..Lce to the I;lroperty owner at' owners
as abov,e provided, the Townohip ahall ~n eithor cage caUQ~ t.he
llama ~o be done and ahall levy ^nd collect tfie costs thereof
trom such o'li'ner or owners. The COllt u! "IIY Iluch grading, paving,
c:urb!IlY, repaving Clnd recurbing shall bc ~ lian upon tho premhell
from tho timo of the commencement of the work, whtch date shall
be fixed by the Township Engineer "nd Ilhdl Utl !11cd with the
Township Secretary. Any such lien may bc collected by aotion of I
assumpsit or by li:' filed in the manner 9r~ded by law for
the filing and collection of municipal claims. COrd. 84-3
Pa8lled 3-12-04)
905.04 NOTICE TO REPAIR
~11 owner or owners of property abutting on any street or high-
way in ~he Towns~ip shall keep the sidewalk, together with any portion
of his property paved and used as a sidewalk or public walk immedia-
~ely in front of his property, in good order and repair. ,All owner
or owners of property abutting on any street or highway in the Town-
ship, upon sixty days' notice to do so from the Board of Commissioners
through the Township Secretary shall repair the sidewalks along such
property in the manner stipulated on such notice. If such owner or
owners fail to comply with the requirements of such 'notice within
sixty days from the date of its service, the Board of Commissioners
shall cause the same to be done. The cost of the same, together with
a pen~~ty of ten percent, shall be paid by such owner or owners, and
may be collected by action of assumpsit, or by lien filed against
the property in the manner provided by law for the filing and collec-
tion '.of municipal claims. COrd. 84-3 Passed 3-12-841
.
905.05 INSPECTIONS, SPECIFICATIONS
All sidewalk pavements and curb shall be laid to a line and
grade obt~ined from the Township Engineer and constructed in accord-
ance with the specifications provided in Article 913. The Township
Engineer may at any time during the course of such work visit the
site of such work to ascertain whether such work i8 being done
according to requi~ements, and such engineer or one of his agents
or employees shall visit any such site for such purpose whenever
requested by the property owner or owners. Within two days after
the completion of such work by the property owner or owners, it
shall be the duty of such owner or owners where such work was done
to notify the Township Engineer of that fact, so that he may
inspec€'t~e same to determine whether such work has been done
according ~o requirements. COrd. 68-6 6. Passed 5-13-68)
905.06 REPAIR BY OWNER WITHOUT. NOTICE
Any property owner or owners, upon his own initiative, and with-
out notice from any Township authority, may grade, pave, curb, repave,
recurb, and repair the sidewalks along such property. However, such
owner or owners, shall conform to the requirements of this article
as to line and srade, as to materials used, and he shall also notify
the Township Manager or Townsh~p Engineer within two days after
completion of the work so that he may inspect the same to deter-
mine whether such work has been done according to requirements.
COrd. 68-6 7. Passed 5-13-681
905.07 CONTRACTS
The Board of Commissioners are. hereby authorized to enter into
contracts, upon compliance with the requirements of law, for the
construction, grading, paving, curbing, repaving, recurbing, and
repairing of the sidewalks within the Township, or if the Board of
Commissioners by resolution so desire, such work or ~ny part thereof,
shall be done under the supervision of the Township Manager.
COrd. 68-6 8. Passed 5-13-681
-.,
,......,
exhibit [j
-.,
~
Chapter 206
VECTOR CONTROL
A 206.1. Definitions.
A 206.2. Prohibited acts.
A 206.3. Responsibilities of owners and
occupants.
A 206-4. Vectorproofing.
A 206-5. Plans and specifications for
private vector control programs.
A 206-6. Inspcction; compliance;
abatement.
A 206-7. Violations and pcnaltles.
[IDSTORY: Adopted by the Board of Commissioners of the Township of Lower Allen
6-10-1985 as Art. 745 of the 1985 Code of Ordinances. Amendmcnts noted where
applicable.]
Junkyan\l- See ClI. 111.
Prope",lulnlenancl -s.. ClI.161.
Slwen - See Ch. 175.
GENERAL REfERENCES
Solid wull - S.. ClI. 110.
Stonn".lerraanaaCIDcal-Sce Ch.l84.
Stonl' .r..hld.. - s.. Ch.ll1.
A 206.1. Definitions.
The following words and phrase.. when used in Ihis article. shall have Ihe meanings ascribed to
them in this section. except where the context or language clearly indicates or requires a
different meaning:
ACCESSORY STRUCTURE - A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located on or partially on
any premises.
BREEDING AREA - Any condition wh;ch provides the necessary environment for the
birth or hatching of vectors.
COLLECTION OF WATER - Water contained in ditches. pools. ponds. streams.
excavations, holes. depressions. open cesspools, privy vaults. fountains. cisterns. tanks,
shallow wells. barrels. troughs, urns, cans, boxes, bottles. rubs, buckets, roof gullers, tanks
of t1ush closets, reservoirs, vessels, receptacles of any kind or other containers or devices
which may hold water.
DILAPIDATED - Fallen into partial ruin or decay.
DISPOSAL -Includes the storage, collection. disposal or handling of refuse.
DWELLING - A building or structure used for residential purposes.
DWELLING UNIT - One or more rooms in a dwelling. which room or rooms have fhed
cooking facilities arranged for occupancy by one person. two or more persons living
together or one family.
20601
......,
r,
fi 206-1
LOWER ALLEN TOWNSHIP CODE
fi 206-2
EXTERMINATION - The conlrol and eliminalion of vectors by eliminating lheir
harborage places; by removing or making inaccessible male rials lhal may serve as their
food; by poisoning, spraying, fumigating, fogging larviciding or trapping; or by any olher
recognized and legal vector control elimination melhods approved by the local or state
aUlhority having such administralive aUlhorily.
GARBAGE - All animal and vegetable wastes resulting from the handling, preparation,
cooking or consumption of foods.
HARBORAGE - Any place where veClors can live, neSI or seck sheller.
OCCUPANT - Any person, over one year of age, living, sleeping, cooking or eating in or
actually having possession of a dwelling unil or a rooming unit, eltcept lhat in dwelling
units, a guest will not be considered an occupant.
OWNER - Any person who, alone or joinlly or severally with others:
A. Ha.~ legal tille to any premises, dwelling or dwelling unit, with or wi!hout
accompanying actual possession !hereof; or
B. Has charge, care or conlrol of any premises, dwelling or dwelling unil as owner or
agent of !he owner or an eltec:ltor, adminislrator, lrustee or guardian of lhe eSlale of
the owner. Any such person thus representing lhe actual owner shall be bound 10
comply with !he provisions of !his article and of the rules and regulations adopted
pursuant!herelo to the same extent as if he were lhe owner.
PERSON - Any n'ltural person, finn, partnership. associalion, corporation, company or
organizalion of any kind.
REFUSE - All solid wasles, eltCepl body wastes, and shall include garbage, ashes and
rubbish.
RUBBISH - Includes glass, metal, paper, plant growth, wood or nonputrescible solid
wastes.
,
'!
TOWNSHIP OF LOWER ALLEN - The Board of Commissioners of the Township of
Lower Allen, Cumberland County, Pennsylvania.
VECfOR - A rodent, arthropod or insecl capable of transmitting a disease or infection.
Veclors shall include but not be limited to rats, mosquiloes, cockroaches, nies, licks. etc.
VECfOR CONTROL OFFICER - Such person or agency or bo!h so designated by lhe
township.
VECfORPROOFING - A fonn of conslruction to preventlhe ingress or eKress of veclors
to or from a given space or building or from gaining access to food, water or harborage.
This lenn shall include bUl not be limited to ratproofing, f1yproofing, mosquiloproofing,
elC.
!i 206.2. Prohibited acts.
A. No person shall deposil any refuse. offal, pomace. dead animals. decaying mailer or
organic subslance of any kind in or upon any private lot. building slructure, accessory
20602
"'
~
~ 206-2
VECfOR CONTROL
~ 206- 3
structure or premises or in or upon any street, avenue. alley. parkway, ravine, ditch or
gUller or into any of the runs, creeks or bodies of water within or bounding the township so
that the same shall or may afford food, harborage or breeding areas for rats, flies or other
vectors.
n. No person shall deposit or permit to accumulate in or upon any premises, improved or
vacant, or on any open lot or alley any lumber, boxes, barrels, bottles, cans, glass, scrap
iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster or
rubbish of any kind, unless the same is kept in approved covered receptacles or placed on
open racks that are elevated not less than 18 inches above the ground and evenly piled or
stacked or disposed of as may be approved by the Department of Environmental Protection
or the township.
C. No person shall maintain a junkyard or a place for the dumping or wrecking or
disassembling of automobiles, trucks, tractors or machinery of any kind or for the storing
or leaving of dilapidated, wrecked or abandoned automobiles, trucks, tractors or machinery
of any kind or of any of the parts thereof or for the storing or leaving of any machinery or
equipment used by contractors or builders or by other persons in such a manner as may
afford harborage or breeding areas for rats or other vectors.
D. No person shall store refuse in containers other than those which are made of durable,
watertight, rust-resistant material having a close-filling lid which must be kept on the
container when in use or in plastic bags which are durable and watertight and are secured
or tied. These containers must be kept clean by thorough rinsing and draining as often as
necessary so as not to provide food or breeding areas for nies.
E. No person shall construct, maintain or use a sewage system, privy, urinal, cesspool or other
receptacle for human excrement so that vectors may have access to the excrementitious
matter contained therein.
F. No person shall have, keep, maintain, cause or permit any collection of standing or flowing
water in which mosquitoes breed or are likely to breed, unless such collection of water is
treated or maintained effectually so as to prevent such breeding.
li 206.3. Responsibilities of owners ond occupants.
A. Every owner of a dwelling containing two or more dwelling units shall maintain in a clean
and sanitary condition the shared or public areas of the dwelling ami premises thereof.
n. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary
condition that part or those parts of the dwelling, dwelling unit and premises thereof that
he occupies and controls.
C. Every occupant of a dwelling containing a single dwelling unit sholl be responsible for the
extermination of insCJ:ts or rodents on the premises. Every occupant of a dwelling unit in a
dwelling containing more than one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is the only one infested. except that where
infestation is caused by failure of the owner to maintain the dwelling in a rodentproof or
reasonable insectproof condition. extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in any dwelling or in the
20603
A 206.3
-,
LOWER ALLEN TOWNSHIP CODE
,-,
~ 206.6
shared or public parts of any dwelling comaining two or more dwelling units,
extennination shall be the responsibility of the owner,
\
A 206-4. Vectorproofing.
A. Any dwelling, building, structure, accessory structure, premises or any other place may be
required to be vectorproofed when found by the Vector Control Office to be providing
harborage or breeding areas for rats. flies, mosquitoes or any olher vectors.
B. No owner, occupant, conlractor, public utility company, plumber or any other person shall
remove or fall to restore in like condition the vectorproofing from any building, structure
or accessory structure for any purpose.
A 206-5. Plans and specifications Cor private vector control programs.
A program plan and specifications for private vector control programs may be required to be
submilled to lhe township as deemed necessary by the Vector Control Office. The program plan
shall be submilled by the owner or agent of lhe property on or in which lhe vector control
program is or will be conducted. The program plan shall be submilled by lhe owner or agent of
the property on or in which the vector control program is or will be conducted. The program
plan shall state the type of vectors to be controlled, lhe name of lhe company conlrllcted to
carry out the program and any and all work to be conducted in an effort to control the vectors.
If, after review of lhe program plan by the Vector Control Officer, it is found to be inadequale
or incomplete, additional information may be required, as well as additional control melhods.
A 206-6. Inspection; compliance; abatement.
A. The Vector Control Officer is empowered to make inspections of the interior and exterior
of all dwellings, buildings, structures and accessory structures, premises, collections of
water or any olher places to determine full compliance with this article and to detennine
evidence of vector infestation and the need for vectorproofing or additions or repairs to
. existing vectorproofing.
B. Whenever it is determined that any dwelling, building. structure. accessory structure,
premises. coliection of water or any other place is in violation of this article, a wrillen
notice shall be issued setting forth lh<: alleged violations and advising the owner, occupant,
operator or agent lhat such violations must be corrected. The notice may be personally
served upon the owner, occupant, operator or agent or served upon the same by certified
mail. The time for lhe correction of the violations must be given. as well as the necessary
melhods to be employed in the correction, which time shall not exceed 30 days.
C. Whenever lhe violations fail to be corrected within the time set forth in the written notice.
the Vector Control Officer may proceed to abate the violations in the manner provided by
law.
20604
-..
-.
~ 187-20
STREETS AND SIDEWALKS
~ 187-23
ARTICLE II
Sidewalk Construction and Repair
[Adopted 6.10.1985 lIS Art. 905
oUhe 1985 Code of Ordinances)
~ 187.20. Sidewalk width requirements.
Sidewalks are hereby established on all streets and highways in Ihe lownship and, unless
specifically designated otherwise in a particular ordinance affecting a streel or highway. the
width of such sidewalks shall include all space belween the property line Bnd the vehicular
driveway, even though lhe space is not paved as a walkway.
~ 187.21. Width and location specified.
Unless specifically designated olherwise in a plan of streets approved by the Board of
CommissionerS or in a particular ordinance affecting a street or highway, the sidewalk
pavement shall be not less than four feet in width, the sidewnlk pavement herein designaled
being located between the property line and the inside of lhe six-inch curbline.
~ 187.22. Notice to construct.
All owners of property abulting on any street or highway in the township, upon 60 days' notice
to do so from the Board of Commissioners through the Township Secretary, shall conslnlct,
grade, pave, curb, repave and recurb the sidewalks along such property, and upon failure of
such owner or owners to comply with sllch nolice or without notice to the property owner or
owners as above provided, the township shall in either case cause lhe same to be done Bnd shall
levy and collect the costs thereof from such owner or owners. The cost of any such grading,
paving, curbing. repaving and recurbing shall be a lien upon the premises from the time of the
commencement of the work, which date shall be fixed by the Township Engineer and shall be
filed with the Township Secretary. Any such lien may be collected by aClion of assumpsit or by
lien filed in the manner provided by law for the filing and collection of municipal claims.
~ 187.23. Notice to repail'; costs and penalty.4
All owner or owners of property abulling on any street or highway in the township shall keep
the sidewalk, together wilh any portion of his property paved and used as a sidewalk or public
walk immediately in front of his property, in good order and repair. All owner or owners of
property abulling on any street or highway in the township, upon 60 days' notice to do so from
the Board of Commissioners through the Township Secretary, shall repair the sidewalks along
such property in the manner stipulaled on such nolice. If such owner or owners fail to comply
with lhe requiremenls of such notice within 60 days from the date of its service, the Board of
Commissioners shall cause the same to be done. The coSI of Ihe same, logether with a penalty
of 10%, shall be paid by such owner or owners and may be collecled by aclion of assumpsit or
by lien filed againstlhe property in lhe manner provided by law for the filing and collection of
4 Edllor's Note: Amended at Ume of adoption or Code (ue Ch. 1. General Provlslons. Art. I).
18709
~ 187-23
,
LOWER ALLEN TOWNSHIP CODE
,-....
~ 187-27
municipal claims. TIle township may, in its discretion, grant extensions to the sixty-day notice
requirement due to adverse weather conditions.
t 187.24. Inspecllons; speclllcatlons.
All sidewalk pavements and curb shall be laid to a line and grade obtained from the Township
Engineer and constructed in accordance with the specifications provided in Article IV. The
Township Engineer may, at any time during the course of such work, visit the site of such work
to ascertain whether such work is being done according to requirements, and such engineer or
one of his agents or employees shall visit any such site for such purpose whenever requested by
the property owner or owners. Within two days after the completion of such work by the
property owner or ownen, it shall be the duty of such owner or owners where such work was
done to notify the Township Engineer of that fact so that he may inspect the same to detennine
whether such work has been done according to requirements.
t 187.25. Repair by owner without notice.
Any property owner or owners, upon his own initiative and without notice from any township
authority, may grade, pave, curb, repave, recurb and repair the sidewalks along such property.
However, such owner or owners shall confonn ;0 the requirements of this article as to line and
grade and as to materials used, and he shall also notify the Township Manager or Township
Engineer within two days after completion of the work so that he may inspect the same to
determine whether such work has been done according to requirements.
t 187.26, Contracts.
The Board of Commissioners is hereby authorized to enter into contracts, upon compliance
with the requirements of law, for the construction, grading, paving, curbing, repaving,
recurbing, and repairing of the sidewalks within the township, or, if the Board of
Commissioners by resolution so desires, such work or any part thereof shall be done under the
supervision of the Township Manager.
ARTICLE III
Curb Construction and Repair
[Adopted 6-10-1985 lIS Art. 909
or the 1985 Code or OrdInances]
~ 187.27. Nollce to construct or repalr.s
All owners of property abutting on any street or highway in the township shall, upon 60 days'
notice to do so from the Board of Commissioners through the Township Secretary, curb, recurb
or repair the curbing of such street or highway. TIle township may, in its discretion, grant
extensions to the sixty-day notice requirement due to adverse weather conditions.
5 EdUort. Nole: Amended at time or adopllon or Code (see Ch. .. General Provisions. ArLU,
18710