HomeMy WebLinkAbout00-01455
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. t?6 - /tf~S H
TOWNSHIP OF HAMPDEN,
Plaintiff
JOSIAH J. REAGAN and
EVELYN J. REAGAN,
Defendants
CIVIL ACTION - EQUITY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with a 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P. C.
By )l/hfl~
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE:
LAW OFFICES
SNSLBAKER,
BRENNEMAN
& SPARE
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TOWNSHIP OF HAMPDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0-0- NS~ ~ !.v-
v.
JOSIAH J. REAGAN and
EVELYN J. REAGAN,
Defendants
CIVIL ACTION - EQUITY
COMPLAINT
Plaintiff Township of Hampden by its Solicitor, Snelbaker, Brenneman & Spare, P. C.,
files this Complaint and in support thereof states the following:
1. Plaintiff is the Township of Hampden, a First Class Township under the laws of the
Commonwealth of Pennsylvania with a principal office located at 230 South Sporting Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendants Josiah J. Reagan and Evelyn J. Reagan are adult individuals with a last
known address of 808 South Roan Street, Johnson City, Tennessee, 37601.
3. Defendants are the owners of a certain tract or parcel of land improved with a
residential dwelling commonly known and numbered as 300 St. Johns Drive, Camp Hill,
Hampden Township, Pennsylvania (hereinafter the "Premises") having acquired said Premises
by a deed dated May 15, 1984 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book "R", Volume 30, Page 600. A true and correct
copy of the aforementioned Deed is attached hereto and incorporated by reference herein as
"Exhibit A".
4. Defendants as the current owners of the Premises have been and remain responsible at
all times for the maintenance and repair of the Premises.
5. Defendants' Premises has remained vacant since 1997.
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II 6. Beginning in 1997, Defendants have failed and refused to maintain the Premises in the
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a. By causing, allowing and/or permitting the overgrowth of weeds,
grass and shrubbery;
b. By failing to secure the Premises and to repair or replace broken
windows and screens; and
c. By causing, allowing and/or permitting the collection and
accumulation of trash, refuse, debris and rubbish on the porch,
in the garage and in a shed located on the Premises.
7. By reason of Defendants' failure to maintain the Premises as more fully described in
Paragraph 6, above, Defendants' Premises has given and continues to afford food, harborage
and/or breeding areas for rats, flies and other vectors.
8. By reason of Defendants' failure to maintain the Premises as more fully described in
Paragraph 6, above, Defendants' Premises constitutes a public health threat.
9. By reason of Defendants' failure to maintain the Premises as more fully described in
Paragraph 6, above, Defendants have caused, allowed and/or permitted the dangerous or
hazardous condition of the Premises to exist with the accumulation of rubbish, trash, waste,
paper and other combustible materials.
10. By reason of Defendants' failure to maintain the Premises as more fully described in
Paragraph 6, above, the improvements on the Premises constitute a fire hazard and otherwise are
dangerous to human life and/or the public welfare.
11. By reason of Defendants' failure to maintain the Premises as more fully described in
Paragraph 6, above, the condition of Defendants' Premises constitutes a nuisance and is
LAW OFFICES
SNEL8AKER.
BRENNEMAN
&. SPARE
prejudicial to public health and safety.
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LAW OFFICES
SNELBAKI~R.
BRENNEMAN
8: SPARE
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12. Defendants, by and through the condition of the Premises as more fully described in
Paragraph 6, and their failure and refusal to maintain the Premises and remove all accumulated
trash, refuse, rubbish, debris and paper, are in violation of Hampden Township Code of
Ordinances, Chapter 10, Part 1, Section 102.B" the BOCA National Fire Protection Code (1996
Edition) Section F-llO.1.6 as adopted by Hampden Township Code of Ordinances, Chapter 5,
Part 4, Section 401 and BOCA National Building Code (1996 Edition) Section 119.1, as adopted
by Hampden Township Code of Ordinances Chapter 5, Part 1, Section 102.
13. Defendants have been given repeated direction, notices and opportunities by Plaintiff
to maintain the Premises in accordance with applicable provisions of Hampden Township Code
of Ordinances and have failed and refused to do so.
14. Plaintiff has no adequate remedy at all to enforce the provisions of the Hampden
Township Code of Ordinances with respect to the Premises due to Defendants' persistent and
continuing violations thereof
15. Plaintiff has no adequate remedy at law to abate the nuisance, health hazard and
dangerous condition existing upon Defendants' Premises.
WHEREFORE, Plaintiff requests this Court to:
A. Order and compel Defendants to remove any and all trash, refuse,
debris, rubbish and paper collected, accumulated and existing on
the Premises;
B. Order and compel Defendants to secure, repair and maintain the
improvements of the Premises;
C. Order and compel Defendants to mow and trim the weeds, grass
and shrubbery onthe Premises so as not to allow an overgrowth
thereof;
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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In default of Defendants taking action compelled by the Court
through Paragraphs a, b. and c" above, permit Plaintiff to enter
on and upon the Premises and cause the same to be done and
collect the cost thereof together with penalties in accordance with
applicable law;
E. Order Defendants to pay and reimburse Plaintiff for its costs,
expenses and reasonable attorneys' fees incurred in this
action; and
F. Order and grant such additional and further relief as may be just
and appropriate under the circumstances.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:~~~~-'
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff Township of Hampden
Date: March 7, 2000
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LAW OFFICES
SNELBAKE:R,
BRENNEMAN
& SPARE
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VERIFICATION
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
John E. Bradley, Jr., being duly sworn according to law, deposes and says: that he is the
duly appointed Secretary and Township Manager in and for the Township of Hampden; that said
Township of Hampden is the Plaintiff in the within action; that he is authorized to make this
affidavit and verification on behalf of said Plaintiff; that the facts set forth in the foregoing
Complaint within his personal knowledge are true and correct; and that as to those facts not
within his personal knowledge, he believes them to be true and correct based upon the
information supplied by others.
L
T
anager
Sworn to and subscribed before me this
7-n; day of /7) 1+ /z. Clj
,2000.
NOTAfiiAL SEAL
Sharon K. 8roW~9. Notary Public
Hampden Townshl;:. Cumberland County
My commission 5xl"""8 Saptember 9. 2002
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WARRANTY DlleD
NO. eUI
'B~ NAY 10 Fil 3 30
wl1ia Ilttb1
llIoll. I~. IS'" d4y 0' """1 in the y.... 0' OUT
Lord OM thou.n"J "ine 111",drrd mltl eighty-four(1984)
iI,lm,," ELIZABE'lll J. SOlllRK, of Calq> Hill, Culilerland Comty, Pemsylvania,
Party of the First Part, GRANl'OR
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JOOIAH J. REAGIN and EVELYN J. REAGAN, !WI wife, Parties of the Second Part,
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.itl1tflnrl~. t1ud the .aid part Y ollhe fir.t part, for and in cOMidert1tton of the lIMn 01
Ninety Thousand ($90,000.00) Ibllars
Dollar., /awful m01l.y of th. Unit.d St.t.. unto her "",U and truly paid by the .aid
pdrt ies 0/ the ,ecoM part. the receipt 'lDhereof u haehy acknO'rDledged. doeshereby grant.
bargain, tell. allen enfeoff. ,dcolt, tontle!1 nnd confirm ."to the ,nid parties of thl' ,c('onn
part, their heirs and AHig,...
"1l1l!AT CERTAIN piece or parcel of land situate in the Township of !lanpden.
fuunty of Clmberland, and State of Pennsylvania, mre particularly bounded
and described as follows:
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BEGINNING at a point on the nort),y,Jestern line of Reeser I s Road at the inter-
section of the eastern line of Lot No. 5 I Block F on the hereinafter lOOntioned
Plan of Lots and the nbtthwestem line. of Reeser's Road; thence along the
northwestem line of Reeser's Road north 52 degrees 24 minutes east sixty-four
and twenty-four one-hundredths (64.24) feet to a point; thence along the western
line of St. John's Drive north 16 degrees 44 minutes west one hundred ten and
seventeen one-hundredths (110.17) feet to a pn:ii1.t; thence cotltinuing along St.
John's Drive on a curve to the tight having a radius of 312.9 feet, an arc distance
of fifty-two and tw'enty-seven one-hmdredths (52.27) feet to a point; thence
along lands now or late of Stailey south 52 degrees 24 minutes west I one hundred
twenty-six and seven one-hmdredths (126.07) feet to a point; thence along the
eastem~line of Lot No.5, Block F on the hereinafter lOOntioned Plan of Lots
south 37 degrees' 36 minutes east one hmdred fifty (150) feet to the place of
BEGINNING.
BEmG parts of wts 3 and 4, Block F as sha;..n On the Plan of St. John's Place, Wich
is recorded in the Curberland County Recorder's Office in Plan Book 5. Page 36.
HAVING thereon erected a brick and aluninun m:xlified two story dwelling.
BEING the sane premlses ..,ich Keeley Realty, Ine.. by Deed dated Novenber 16, 1964
and recorded Novenber 17, 1964 in the Recorder's Office of D.mberland County in
Deed Book ''l{''. Volure 21, Page 777. granted and conveyed unto Robert B. Schork and
Elizabeth J. Schork, his wife. Robert B. Schork died testate 00. Noverrber 11, 1983
and his interest passed by operation of law to his wife, Elizabeth J. Schork, Grantor
herein. .
IOUf<. 30 ~.\:E 600
EXHIBIT A
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€.oDllltUnmallll or lI.nRlulD.ull
(lDunty pf ctnERI..AND
Onlhu,lhe 15j~
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day 01. May
A. D. lU 84ut'/ore tlU'
tire ""dcrngntd ot/iur. pl'rlo"ull!l
appeared
ELIZAl!E'llI J. SQI)~
A..nown. to file or (,ali'!ttc:lorilJ/
proven) to be the perlon :chale name is lUb.cribed to the within inltrumt'nt,"afJ!~
acknowledged that s he el1:ecuted tl,e lafne for the purpo,e, thernn containr-d. . .
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In !lIit~'.. JU~"'nr. I ""Clmlo Itt my hond ond official Ital'~. ". ~ " . '._
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~IJ'MARn ~-'Pu~
nil. 01 ~iV'lt:p. o,u;tln eo.. PI.
My Conunio>Jco Ex.... Soot. 4.1986
J .tnh~' rril(y: 'hat the prt'ci.c rt,.;de,lC( a/IAe Granttt
~OO ~. O~Rd. \'/ II'
elL(/(() 1>IdP, l:1. /701/ ~=4-- .oJ..~
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alDmmDnmr.lt~ of 'tdRsylDaaUI
fliounty ot ctnERI..AND
Reeorded on lhU 11~ day of ;W.,.- .4\ 0; lP'84.';'iJ.,.
Recorder', Office of the ,aid County in need Book I 1'01.....,\,&" P6t1~ (;,tIlJ
Given. under my hand 12M tAe ,eal af the ,aid Ofljee. the date #e tDrlttefl. ~ J
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eCG!R 30 PleE 602
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i:!;'lf~t~tlJl:r witli all and .iuyullJr tile lu:u,iitamenl.r and appurtcnallce, IJu:reunto bcleJ1J.V',
illg or in anywise ap]!crtajllillg and the ret:a~icm8 alld rcmflilldcrI, rent8, i,8uc8 alld pru/it.
tlu:rc(JI,' arid all tlle cltale, "{1M, tille. intcreal, property. claim and demand whatsoever 01
the ,aid part o/.the./i"r1Ja:";~ ,!a,p" eguHY., or ~~h~i.e.C?f.;ff!. !ln4. to, ~"!. 8.a.~~ ,alllI ft'tflJ
I'n,t t!:creaf.;,'", '. "'~'_ ,."~ .".' .;. .~~. , .', c '.. ,......
COMMONWEALTH OF peNNSYLVANIA ::
rJEPAIHM~Nr OF I~E\lEN~IE: -
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:~~NSW! kATl S'U ~9 9 0 O. 0 0 ~
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0;0 iiuur illlb t11 l-lolu the abovt described premi'(I with the appurtcnarlCl'I fml.,
llu..aid pad iesof the ,rcond part their heirs and Anigns, foret'cr.
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Sd101lI o;,t. C""'~.llI. Po. .
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Cwnb. eo. CIlI' CoI, All.
'-nb file ,aid party. o/, t~e fir,t part, ~oeshereby. covenant and agree to and with tlu
'aid Imrl ies 01 the second part, that . the". 'aid part' y of the first part her E.recu--
ton (llIeZ Allmini31rators, Shall and TVill Warrant and Fore'Ver Defend the herein above de.
.crilml premillea with the hereditament. and appurtenancCl, unto the ,aid parties of the
second part.their heir-ad Aasiuns, against the ,aid petrt y of the fird part and, a!]ainl/t
t!vcry atlur Wr,on latvfuUy claiming, or who ,hall hereafter claim, the lame or any part
tht'rfof.
lilt toUur'lI mttrrr[l(, the laid ]Jart y 01 the li"t part hiz 8 hrreunto let herhand
alld ,fal the day and year first above written.
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
, ;""'-"
TOWNSHIP OF HAMPDEN,
Plaintiff
v.
JOSIAH J. REAGAN and
EVELYN J. REAGAN,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-1455 EQUITY
CIVIL ACTION - EQUITY
PRAECIPE
Please mark the above-captioned action discontinued and ended without prejudice upon
your docket and indices.
Date: March 23, 2000
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:_~
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff Township of Hampden
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l.AW OFFICES
SNELSAKER.
BRENNEMAN
& SPAHE
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL. POSTAGE PREP AID. ADDRESSED AS FOLLOWS:
Josiah J. Reagan
Evelyn J. Reagan
808 S. Roan Street
Johnson City, TN 37601
Date: March 23, 2000
\~~~-~~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Hampden Township
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