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HomeMy WebLinkAbout99-07461 R 1 e i 1 1 PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1999-07461 BARRETT ROBERT H (vs) BOROUGH OF CARLISLE Reference No..: Filed........: 12/13/1999 Case Type.....: APPEAL. - MISC Time...... 3:10 Judgment. ... 00 Execution Date 0/00/0006 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ----------- Case Comments ------------- Higher Crt 1.: 371 CD 2000 Higher Crt 2.: General Index Attorney Info BARRETT ROBERT H APPELLANT PRO SE 136 EAST HIGH STREET CARLISLE PA 17013 CARLISLE BOROUGH OF APPELLEE CARLISLE PA 17013 * Date Entries FIRST ENTRY - - - - - - - - - - - - - - 1 - 82 12/13/1999 APPEAL-LOCAL AGENCY LAW 8312/13/1999 WRIT OF CERTIORARI ------------------------------------------------------------- ?}?"? - - ----- ------ --- --- ----- -- --------- ---- 84 - 19912/22/1999 MOTION TO QUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES 93 - 107 12/22/1999 ---- CERTIFICATION-OF-RECORD -------------------------------------------------- ------------------------------------------------------------------- 108 12/27/1999 ORDER OF COURT - DATED 12/22/99 - IN RE MOTION TO QUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES - RULE IS ISSUED ON THE PLAINTIFF RETURNABLE 15 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 12/27/99 ------------------------------------------------------------------- 109 - 111 1/1.0/2000 RETURN OF SERVICE ------------------------------------------------------------------- 112 1./14/2000 ORDER OF COURT - DATED 1/13/00 - MOTION OF THE BOROUGH OF CARLISLE TO UASH THE WITHIN APPEAL IS GRANTED - BY EDGAR B BAYLEY J - COP ES MAILED 1/14/00 ------------------------------------------------------------------- 113 - 116 2/14/2000 NOTICE. OF APPEAL BY ROBERT H BARRETT ------------------------------------------------------------------- 117 -1119 3/01/2000 OPINION PURSUANT TO PA RULE OF APPELLATE PROCEDURE 1925(A) ------------------------------------------------------------------ 120 - 121 3/07/2000 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING R 371 CD 2000 ------------------------------------------------------------------- 122 3/23/2000 ORDER FROM COMMONWEALTH COURT OF PA - DATED 3-17-00 -- CASES 371 CD 2000 (99-7461) AND 423 CD 2000 f98-4145) ARE TO BE CERTIFIED TO COMMONWEALTH COURT ON OR BEFORE 3-31-00 - BY THE COURT Pi - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information " # Fees & Debits Bed Bal Pmts/Ad# End Bal " APPEAL MISC 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPEAL 30.00 30.00 .00 ------------------------ ------------ 75.50 75.50 .00 * End of Case Information + PYS510 Cumberland ounty Prothonotary's Office Page 1999-07461. BARRETT -JRERT If (vs) BOROUGH OF CARLI.,L,E Reference No..: Filed........: 12/13/1999 Case T e.....: APPEAL - MISC Time.........: 3:10 Judg 00 Execution Date 0/00/0000 yQ Judge e Assigned: BAYf.EY EDGAR B Jury Trial . . . . Dispposed Date. 0/00/0000 Disposed Desc.: ------------- Higher Crt 1.: 371 CD 2000 ------------ Case Comments Higher Crt 2.: ttorney info General Index BARRETT ROBERT H APPELLANT PRO SE 136 EAST HIGH STREET CARLISLE. PA 17013 CARLISLE BOROUGH O3F APPELLEE CRE PA 1701 ataaaatta++tattaa+ta++aattaaa+«+«ta++aat+ata+aaa++tt+at+at+a+++aaaaattataaatt«t * Date Entries aa+aaaa+«atttaaa+t+atatta+«ttat«a++«aa«+atataaat+aa«at+aaatt«aaataaaaaat+taat«« - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1 - 82 12/13/1999 APPEAL-LOCAL AGENCY-LAW-------------------------------------------- 83 12/13/1999 WRIT OF CERTIORARI ----------------------------------------------- ------ -- ----- --- 84 - 92 12/22/1999 MOTION-TO-QUASH - APPEAL AND FOR AWARD OF ATTORNEYS FEES --------- --------------------------------------------------------- 93 - 107 12/22/1999 CERTIFICATION OF RECORD ----- - ---------------------------- ----- -- ----- - ----- ------ 108 12/27/1999 ORDER OF COURT - DATED 12/22/99 - IN RE MOTION TO OUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES - RULE IS ISSUED ON THE PLAINTIFF RETURNABLE 15 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 12/27/99 ------------------- ---------------------------------- 109 - Ill 1/10/2000 RETURN OF SERVICE ____ ____ --------------------------------- ----- 1/14/2000 ORDER OF COURT - DATED 1/13/00 - MOTION OF THE BOROUGH OF CARLISLE TO ppUASH THE WITHIN APPEAL IS GRANTED - BY EDGAR B BAYLEY J - COPTES MAILED 1/14/00 --------------- --------------------------------- 113 - 116 2/14/2000 NOTICE OF APPEAL BY ROBERT H BARRETT ------------------------- ------------------- ------ - ------- 117 - 119 3/01/2000 OPINION PURSUANT-TO-PA-RULE-OF-APPELLATE-PROCEDURE_1925(A) -------- 120 - 121 3/07/2000 COMMONWEALTH COURT-OF-PA-NOTICE-OF-APPEAL-DOCKETING-#-371-CD--000-- ------------ ----- -- -- ------ -- ------ ------ -- - --- -- --- 122 3/23/2000 ORDER FROM COMMONWEALTH COURT OF PA - DATED 3-17-00 -- CASES 371 CD 2000 (99-74611 AND 423 CD 2000 598-4145) ARE TO BE CERTIFIED TO COMMONWEALTH COURT ON OR EFORE 3-31-00 - BY THE COURT - PJ- - - - - _ - - - LAST ENTRY - - - - - - - - - - - - - ta•aaa++artaataa+++at«a+ataa+t+attaaa+attataa+a+atataa+aaataa+t+a,ra taa+attataa+, a Escrow Information * Fees 6 Debits Bea Bal Pmts/Ad End Bal ta+ata+at+taaa+«taaat++++ta+aaa+ taaa++at a,r #tat ata+a+taaata+art++aaaa+a+a++aa. APPEAL MISC 35.00 35.00 ,00 TAX ON APPEAL .50 .50 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPEAL 30.00 30.00 .00 ------------------------ ------------ 75.50 75.50 .00 t+aatt+«*tttaat+*+a«t«?*aa+*aaattttaa+taatttaaa+a+**attaa+taaattaatataa++aatt*?; + End of Case Information aaxaa+tt+aa++at+aa««aata«aatt++ata+a«aa+ttat+ataa«a++taataaaaaa?aa+aa+aaaaaaaaa. CETIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PEWSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT H. BARRETT, Appellant vs BOROUGH OF CARLISLE, Appellee No. 99-7461 CIVIL TERM 371 CD 2000 The documents comprising the record have been numbered from No. I to 123 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 3-27-00 s R. Long, Prothro H. Sparling, Dpty. An additional copy of this certificate is enclosed. Please sign and date acknowledging receipt of this record. 9h :z1 cl 8Z y""11 .. , , 11617 Date r•n ? 0 llo . C o Signature & Title - U -n -73 ? -J J ?o =? i ICATE AND TRANSMITTAL OF RECORDS UNDER LVANIA RULE OF APPELLATE PROCEDURE 19311 To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT H. BARRETT, Appellant a n? vs co BOROUGH OF CARLISLE, Appellee _U No. 99-7461 CIVIL TERM M 371 CD 2000 cr- The documents comprising the record have been numbered from No. 1 to 123, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 3427-00 s R. Long, F H. Sparling, An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title C7 -- m -; n -. rn c? ji. .n F =om CD -i Y PYS510 s*1Cumberland County Inquiry taw's office Page civil 1999-07461 BARRETT .J BERT H (vs) BOROUGH OF CARLI?L,EFiled ........ : 12/13/1999 Reference No..: Time.........: 3:10 Case Ty e.....: APPEAL - MIISSC Execution Date 0/00/0000 Judge e Assigned: : BAYI.EY EDGAR B Jury Trial.... Disposed Date 0/00/0000 Disposed Desc.: _____________ Higher Crt 1. . : 371 CD 2000 ------------ Case Comments Higher Crt 2.: atwt*tta*a*}t*,****t***t****tt*#*t#*a*at*t#}tta}*#**t Attorney*Info*+}*#**+}#*#*} General I ndex APPELLANT PRO SE BARRETT ROBERT H CARLISLE PAGH17013ET CARLISLE BOROUGH OF APPELLEE CARLISLE PA 17013 * Date Entries - - - - 1 - B2 12/13/1999 83 12/13/1999 84 - 92 12/22/1999 93 - 107 12/22/1999 108 12/27/1999 109 - Ill 1/10/2000 112 1/14/2000 113 - 116 2/14/2000 117 -119 3/01/2000 120 - 121 3/07/2000 122 3/23/2000 APPEAL-LOCAL AGENCY LAW WRIT OF CERTIORARI------------------------------------------------- ------------------------------ MOTION TO QUASH APPEAL AND FOR-AWARD-OF- -ATTORNEYS--FEES----------------- -------------------------------------------- CERTIFICATION OF RECORD ___________________QQ__--------------- FOR RDEAWARDCOFRATTORNEYS PEES2/9RULEIISRISSUED ONTTHE AYLEY UPLAINCOPIE AND O RETURNABLE 15 DAYS AFTER SERVICE - BY EDGAR B B J - COPIES MAILED 12/27/99 ----------------------- ------------------------ ----------------- RETURN OF SERVICE _ ------------------------------------- ORDER ppUASH CTHE OURWITHINTEAPPEAL D1/13IS OGRANTED MOTION BY EDGAR BOBAYLEY JARLISLE COPIES MAILED 1/14/00 __ ----------------------------------- --------------------------- - NOTICE OF APPEAL BY ROBERT H BARRETT ---------------------------- OPINION PURSUANT TO PA RULE OF APPELLATE PROCEDURE- 1925(A)----_---- --------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING #-371-CD-2000-- ODE 37 1 C D20099-7461 AD 423 CD 2000 (98E4145)7ARE TO BECASES CERTIFIED TO COMMONWEEALTH COURT ON OR 9EFORE 3-31-00 BY THE COURT - Pi LAST ENTRY - - - - - - - t*#*t#t***t*******t*t#**ttttt#tt#*tttt+t*t#tt#tt#*#}t*tttt*t#t*t#*t***#********i t Escrow Information End Bal Be + Fees 6 Debits Bed Bal Pmts/Ad ++**ttttttt#******tatttat}t*t* t*attt*t #t*#t* *#t*a+tttttt+tt#t##t#******#t*+ APPEAL MISC 35,50 35.50 .00 .00 TAX ON APPEAL 5.00 5.00 .00 00 SETTLEMENT 5.00 5.00 . 00 JCP FEE 30.00 30.00 . - APPEAL --------------- --------- -- - ---- 00 75 50 75.50 , *t*tttttt+*t**#*t*t**+*t***tt*t}*}*a***tttttttt}*}t}t+ttttt*t#*ttt*t*tt#*t**t#t' * End of Case Information #t*t*t+t}t********tt*ta*at*t#t#*t*a*at******t+t}t*#**tt*+t*t+t*ttt#t#t#**#*t##*+ Tram QOPV PWV%om RE+OO J In Tai WtOrsd, t tMM unto sat rry hn) and- the NO Of ? CaV, ?^Carilsta? r?r n Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 27th l Prothonotary I, Cporge E Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that -- Curtis R bong by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of salaid County, was, at the time of so doing, and now is Prothonotary in and for said County of tmhPrnd the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose actsas such full faith and credit are and ought to be given as well in Courts of judicatur a elsejhge, ltd that the said record, certificate and attestation are in due form of law and made t o r ff- e 1, Clutic R Tnn9 , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, tr??u``c??:md correct copy of the whole record of the t?rte?: tYYC; in Appellant Plaintiff, and Ooorouah of Carlisle Appellee Defendant _, as the same remains of record before the said Court at No. 99-7461 of C' v" Term. A.D. 19 set my hand and affixed the seal of said Court day of March 00 Judge I. Curtis R. Long prothonotary of the and for the said County, do certify that the Court of Common Pleas in Honorable _ee.,,-go z' Court by whom the foregoing attestation was made, and who has thereunto subscribed his name, the time Ho Ua, OF making thereof, and still is president _Judge of the Court of Common Pleas, was, at Orphan' Court and Court of as -such r full Sessions ons of t and he credit Peace in and for said County, duly Commissioned and qualified: to all whose acts as suc are and ought to be given, as well in Courts of judicature as elsewhere. Commonwealth of Pennsylvania County of Cumberland sst IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 27th ? of A. D. X00 , (/ / I'nnhunotan IIV. d II E E 7_ Z 0 N %brlo D C O U Li C G m cC L (4 Y. ' ? c I C n r 0 i u n ? E u o u p O e ? ? U ? u. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the CUMBERLAND county of in the ommonwealth of Pennsylvania 371 CD 2000 Commonwea t Court to No. 99-7461 Civil Term Term. 19 is contained the following: COPY OF COMPLETE APPEARANCE DOCKET ENTRY ROBERT H. BARRETT, Appellant VS BOROUGH OF CARLISLE, Appellee SEE ATTACHED CERTIFIED DOCKET ENTRIES ^ fib, ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q9- 74!01 CvmG 71gg& LOCAL AGENCY LAW APPEAL LOCAL. AGENCY LAW APPEAL AND NOW, comes Robert H. Barrett, a pro se litigant, and files this Local Agency Law Appeal and, in support thereof, asserts the following: 1. Appellant, Robert H. Barrett (herein, "Barrett"), is an adult resident of Cumberland County, Pennsylvania, residing at 136 East High Street, Carlisle. 2. Appellee, the Borough of Carlisle (herein, "the Borough"), is a subdivision of the Commonwealth of Pennsylvania. 3. Barrett is the owner of real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being parcels of real estate designated 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. 4, The property at 136 East High Street is Barretfs personal residence. 5. On October 26, 1999, the Borough issued condemnation orders against the four (4) properties listed above as unfit for human occupancy. (Copies of the condemnation orders are attached as Exhibits A, B, C, and D.) 6. Barrett believes and, therefore, avers that his properties does not warrant condemnation under the Carlisle Property Maintenance Code for the following reasons: A. None of the four (4) properties is an unsafe structure where partial or complete collapse is likely; B. None of the four (4) properties is unsanitary, vermin or rat infested, contains 1 filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the code; and C. None of the four (4) properties is an unlawful structure. 7. Barrett further believes and, therefore, avers that the Borough applied the condemnation criteria of the Carlisle Property Maintenance Code to his property in an arbitrary and capricious manner, constituting abuse of the police power of government. 8. Barrett further believes and, therefore, avers that evidence obtained from searches of his properties was obtained in violation of the Fourth Amendment to the United States Constitution and should be suppressed based on the following: A. On April 12, 1999, Barrett objected to the Borough's discovery request for entry upon his properties for inspection. (A copy is attached as Exhibit E.) B. On June 03, 1999, the Court of Common Pleas of Cumberland County at Civil No. 98-4145 issued an order which, inter atia, granted the Borough's request to search Barrett's properties under discovery proceedings. (A copy of the order is attached as Exhibit F.) C. On June 14, 1999, Barrett filed in the United States District Court for the Middle District of Pennsylvania at Civil No. 1:CV-99-997, a Complaint, a Motion for Preliminary Injunction, and a Brief in Support of Motion for Preliminary Injunction. (Copies are attached as Exhibits G, H, and I.) D. In the Federal Complaint, Barrett averred that the inspections ordered by the Court of Common Pleas constituted "searches" under the Fourth Amendment to the United States Constitution, were ordered without probable cause, and violated his right to be secure in his property against unreasonable searches. Barrett further averred that in requesting the inspections, the Borough established no probable cause for such action. Barrett requested 2 a .-. the U.S. District Court vacate the June 03, 1999 discovery order of the Court of Common Pleas. E. On June 27, 1999, the U.S. District Court dismissed the complaint for lack of jurisdiction. (A copy of the order is attached as Exhibit J.) F. On June 21, 1999, prior to the time designated by the Court of Common Pleas to begin searches of Barrett's properties, Barrett filed a Notice of Appeal to the Pennsylvania Commonwealth Court of the June 03, 1999 Order of the Court of Common Pleas. Barrett averred that his appeal was an Interlocutory Appeal as of Right made under Pa.R.A.P. 313, Collateral Orders. (A copy of the Notice of Appeal is attached as Exhibit K.) G. On July 19, 1999, the Commonwealth Court of Pennsylvania quashed Barrett's appeal on grounds that it was interlocutory and not otherwise appealable. (A copy of the order is attached as Exhibit L.) H. On July 07, 1999, the Court of Common Pleas committed Barrett to the Cumberland County Prison for refusing to allow the Borough to search his properties. (A copy of the order is attached as Exhibit M.) 1. On August 17, 1999, Barrett was released from Cumberland County Prison on the condition that he allow searches of his properties by the Borough. (A copy of the order is attached as Exhibit N.) P. Searches of Barrett's properties were conducted on August 30 and 31,1999 and on September 01 and 02, 1999 over Barren's objections. 9. Magisterial District 09-2-01 issued search warrants in conjunction with the searches identified above. Barrett's personal residence at 136 East High Street and the property at 35 South Bedford Street, against which search warrants were issued, had no prior property maintenance violations. 3. 3 n e4N 10. Barrett avers that the search warrants failed to establish valid probable cause for the searches, and, thus, were illegal. (Copies of the search warrants are attached as Exhibits 0, P, Q, and R.) WHEREFORE, Appellant, Robert H. Barrett, prays your Honorable Court enter an Order vacating the condemnation orders of the Borough of Carlisle entered October 26, 1999 and contained in Exhibits A, B, C, and D, attached hereto, and grant such further relief as may be appropriate. % ,ct' 4 •'0omut Dated: December 10, 1999 By. Robert H. Barrett Appellant, pro se 136East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0969 44 ROBERT H. BARRETT, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 BOROUGH OF CARLI Appellee LOCAL AGENCY LAW APPEAL - VERIFI_ C N I verify that the statements made in the foregoing Brief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: December 10, 1999 Tawtu T '?5Pm-sL` By: Robert H. Barrett Appellant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 r'`, Exhibit A ?P• ell F-_._ BOROUGH OF CARLISLE "Committed To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 29 South East St. As a result of the inspection of the property at 29 South East Street on September 2, 1999 the following property maintenance violations were found that affect safety and require immediate repair: 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." The second floor porch on the south side has deteriorated and rotted decking and structural fi-aning. Repair porch. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be finnly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." The second floorporch rail is missing. The exterior porch railing on the north side of the porch is missing and a section of the existing railing on the front is loose. There is no hand railing for the real- wood steps to the wood deck. Install rails and handrails. 3. PM-605.1 "Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Cover nlissinng fronn electric service panel. Electric modifications made. Electrical inspection by electrical inspection agency nunst be penfornned on service panel and iviring. Put cover on service panel. In addition to the safety issues above, there following code issues must also be addressed: 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." No handrail in attic stainvay. Install handrail. 53 west South Street, Carlisle, PA 17013 7 Tel. (717) 249.4422; FAX (717) 249.5587 2. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 3. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the soffrtt and fascia of building and balcony. Make repairs to soffitt and fascia. 4. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain.....:. Second floor ceiling is water damaged front roof leak. Repair roof. 5. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Stair tread missing at bottom of basement stairs. Repair stairway. 6. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected." Ceiling material removed from floor ceiling assembly in room next to kitchen. Install ceiling material. Cracked plaster in hallway ceiling offirst floor. Repair ceiling. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Attic windows are in disrepair. Repair/replace windows. Based on the items listed above, this structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a V ' r building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the temts of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be borne by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, 10?A R4.r Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 29seacon 5. ::Faq Exhibit E ID. e'1 BOROUGH OF CARLISLE "Conemitted To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 35 South Bedford St. As a result of our inspection of the property at 35 South Bedford Street on August 30, 1999 the following property maintenance violations were found that require immediate repair. I . PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. " Erterior stainvay to balcony is deteriorated. Replace stairway. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrail/guardrail of second floor side porch is in disrepair. Repair saute. No handrail in basement stairway. Install handrail. 3. PM-305.2 "Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafter is broken. Replace broken rafter. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated, Repair hatchway. 5. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to.pose a threat to the public health, safety or welfare." Large holes in the sofftt of the front of the building allowing pigeons to roost in soffrtl of building. Clean up soffitt area and snake repairs to soffrtt. 53 West South Street, Carlisle, PA 17013 Tel. (717) 249.4422; PAX (717) 249.5587 /I - 6. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Second floor ceiling water damaged from roof leak. Repair roof. 7. PM-303.7 "Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair." Accessory structure has collapsed roof. Repair roof and structure. 8. PM-605.1 "Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Heat tape installed in downspout with exposed wires oil ground, plugged into exterior outlet that is not ground fault protected. Replace heat tape and install ground fault outlet in exterior outlet box. 9. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in unoccupied space with active electrical service. Outlet added in baseboard of west wall of second floor bedroom and other electrical modifications throughout structure. No electrical inspection was performed to verify integrity of installation. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the /J,. ;! I /I Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be home by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to amply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, U4, Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 35bedcon 13. Exhibit C BOROUGH OF CARLISLE "Committed To F,xcellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 37 South Bedford St. As a result of our inspection of the property at 37 South Bedford Street on August 31, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." Exterior side balcony and front porches are deteriorated. Repair balcony and porches. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floor front porch and side balcony are missing. Install guardrails. 3. PM-305.2 "Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafters and floor/ceiling joists are deteriorated in concrete block addition. Replace rafters and joists that are deteriorated in this addition. Wooden support beans at basement stairway is not in contact with floor joists above it. Provide continuous support of the joists resting on this beam. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 5. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the soffitt of the front of the building and porch ceilings 53 West South Street, Carlisle, PA 17013 45 Tel. (717) 249-4422; PAX (717) 249.5587 allowing pigeons to roost in ceilings and soffitt of building. Clean up these areas and make repairs to porch ceilings and soffitt. 6. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Large holes in roof of one story concrete block addition. Replace roof sheathing and roof.. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Window frame of bathroom of concrete block addition is deteriorated and needs replaced. Kitchen window of second floor rear is in disrepair. Repair/replace window. 8. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Broken stair tread on basement stairs. Repair stair tread. 9. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected." Find and repair cause offlaking paint. Repair/paint interior wall and ceiling surfaces. No ceiling in entranceway. Install suitable ceiling material in entranceway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function." Heating system must be maintained in accordance with the 1996ICC International Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in vacant structure with active electrical service. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive or unsafe nuisance. If this structure is not closed up within 2 (two) days the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council /? t /"% issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be borne by the building's owner. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, OLUi - s'-Ie. Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 37bedcon Exhibit i 1' BOROUGH OF CARLISLE "Committed To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 136 East High St. As a result of our inspection of the property at 136 East High Street on September 1, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floor rear porch are missing. Install guardrails. . 2. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the roof over the rear patio. Replace roof over patio. Large holes in the building soffitt. Repair building sofftt. 3. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. ....." Holes in roofs. Replace deteriorated roof sheathing and deteriorated roofing. Rain gutters and downspouts in disrepair. Repair gutters and downspouts to prohibit water damage to exterior and interior surfaces. 4. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Basement windows missing. Install windows in basement window openings. 5. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected." Cracked and loose plaster throughout interior. Repair/paint interior wall and ceiling surfaces. 53 Nest South Street, Carlisle, PA 17013 1q. Tel. (717) 249.4422; ]FAX (717) 249-5587 6. PM-304.6 "Exterior walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration." Joints in exterior brickwork and stonework are deteriorated from water damage. Repair damaged exterior masonry surfaces. 7. PM-304.5 "Foundation walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as toprevent the entry of rats." Mortar joints in foundation wall are deteriorated from water damage, Repair wall to correct damage. 8. PM-304,12 "Chimneys and towers: All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair....." Chimneys are in disrepair. Repair chimneys. 9. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. " Heating system must be maintained in accordance with the 1996ICC International Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in stntcture with active electrical service. Electrical switch not installed in switch box, protruding from ivall with exposed contacts. Install sivitch in switch box. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, a?. ¦.r upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be bome by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, mc,a-?-Jv Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 13Ghicon a/' Exhibit E a1 BOROUGH OF CARLISLE, Plaintiff vs. ROBERT H. BARRETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4145 CIVIL TERM ' ANSWER TO REQUEST FOR ENTRY UPON PROPERTIES FOR INSPECTION AND OTHER ACTIVITIES TO: Edward L. Schorpp, Esq. Solicitor for the Borough of Carlisle 127 West High Street Carlisle, PA 17013 The following answer is provided to your Request for Entry Upon Properties for Inspection and Other Activities dated March 26, 1999. Defendant hereby objects to the entry by Plaintiff upon the exterior or interior of any property owned by Defendant and situated within the Carlisle Historic District for the following reasons: 1. Plaintiff's entry upon Defendant's property violates the Fourth Amendment of the United States Constitution in that it violates Defendant's right to be secure in his property against unreasonable searches without probable cause. 2. The Pennsylvania Historical and Museum Commission violated the substantive and procedural due process protections of the Fifth and Fourteenth Amendments of the United States Constitution during the alleged certification of the Carlisle Historic District. 3. The Carlisle Historic District is invalid with respect to Pennsylvania Act 167 of June 13, 1961 which authorized the establishment of historic districts within the Commonwealth of Pennsylvania. 1 (?3. . it 4. Plaintiff, Borough of Carlisle, lacks authority to regulate property based on its location within the Carlisle Historic District. 5. Plaintiff's entry upon Defendant's property would violate Pa.R.C.P.No. 4003.1 in that entry upon Defendant's property is not relevant to the subject matter involved and is unlikely to lead to admissible evidence in this case. Dated: April 12, 1999 By: Robert H. Barrett Defendant, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2,301 2 ? r- 11-11 Exhibit F n aJ/? BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT H. BARRETT, DEFENDANT 98-4145 EQUITY TERM ORDER OF COURT AND NOW, this 3rd day June, 1999, following a hearing on plaintiffs motion to compel compliance with its discovery requests, and/or for sanctions, and based on the complaint in equity by the Borough of Carlisle seeking a decree against Robert H. Barrett "[t]hat an agent be appointed to manage Barrett's eleven properties within the historic district in order to bring the properties into compliance with the code and historic district regulations,' IT IS ORDERED: 1. OBJECTIONS OF DEFENDANT TO PLAINTIFF'S 1. Interrogatory No. 1. The objection IS SUSTAINED because the information sought is not relevant. 2. Interrogatory No. 2. The objection IS SUSTAINED except that defendant shall state his annual salary and any other income for the years 1996, 1997, 1998 and 1999 to date. 3. Interrogatory No. 5. The objection IS OVERRULED. Defendant shall answer this interrogatory in its entirety. 1. See Borough of Kenet Square v. Lal, 165 Pa. Commw. 573 (1994). Z. 4. Interrogatory No. 7. Because defendant has identified only himself as an expert who will be called to testify, and he has answered the interrogatory with respect to himself, the objection IS SUSTAINED. 5. Interrogatory No. 10. The objection IS SUSTAINED because the information sought is not relevant. 6. Interrogatory No. 14. The objection IS OVERRULED. Defendant shall answer this interrogatory in its entirety. 7. Interrogatory No. 15. The objection IS OVERRULED. Defendant shall answer this interrogatory in its entirety. 8. Interrogatory No. 16. The objection IS SUSTAINED as the information sought is not relevant. 9. Interrogatory No. 17. The objection IS SUSTAINED as the information sought is not relevant. 10. All interrogatories that defendant is ordered to answer as set forth above shall be answered within twenty (20) days of this date. II. PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO COMPLY WITH PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. Request No. 2. IS DISMISSED as overbroad. 2. Request No. 6. The motion IS GRANTED. Defendant shall provide plaintiff with such documents. -2- a7. 3. Request No. 7. The motion IS GRANTED. Defendant shall provide plaintiff with such documents. 4. Request No. 8. IS DISMISSED as not relevant. 5. Request No. 9. IS DISMISSED as defendant was issued any such permits by plaintiff who has knowledge of them. 6. Request No. 10. IS DISMISSED as overbroad. 7. Request No. 11. The motion IS GRANTED. Defendant shall provide such documents to plaintiff. 8. All documents that defendant is ordered to produce as set forth above shall be produced within twenty (20) days of this date. III. REQUEST FOR INSPECTION OF IMPROVED PROPERTIES OF DEFENDANT AT 25 NORTH BEDFORD STREET 35 SOUTH BEDFORD STREET, 37 SOUTH BEDFORD STREET 122 EAST LIBERTY AVENUE 134 EAST HIGH STREET, 136 EAST HIGH STREET 138 EAST HIGH STREET AND 29 SOUTH EAST STREET. 1. The request for the inspection of the aforesaid improved properties, which is opposed by defendant, IS GRANTED. 2. A group of up to six people may enter said properties, those people being one borough representative, the borough solicitor, a photographer who may be a borough representative, a real estate appraiser, a structural engineer and a contractor. 3. The entry into each property shall be for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing the said -3- OW. properties and all fixtures for code violations. 4. Each inspection may last for up to three hours. 5. The inspection schedule shall be as follows: a. The inspection of 25 North Bedford Street shall commence at 9:00 a.m., Monday, June 21, 1999. b. The inspection of 35 South Bedford Street shall commence at 1:00 p.m., Monday, June 21, 1999. c. The inspection of 37 South Bedford Street shall commence at 9:00 a.m., Tuesday, June 22, 1999. d. The inspection of 122 East Liberty Avenue shall commence at 1:00 p.m., Tuesday, June 22, 1999. e. The inspection of 134 East High Street shall commence at 9:00 a.m., Wednesday, June 23, 1999. f. The inspection of 136 East High Street shall commence at 1:00 p.m., Wednesday, June 23, 1999. g. The inspection of 138 East High Street shall commence at 9:00 a.m., Thursday, June 24, 1999. h. The inspection of 29 South East Street shall commence at 1:00 p.m., Thursday, June 24, 1999. 6. Defendant shall provide complete access to these properties by the inspectors and shall not interfere with said inspections. 7. This inspection schedule may only be altered upon agreement of both parties -4- a y. for their convenience. Cou Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle Robert H. Barrett, Pro se 134 East High Street Carlisle, PA 17013 :saa Edgar B. Bayley, J. -5- 3b. Exhibit G 3f. UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT H. BARRETT, Plaintiff V. CUMBERLAND COUNTY COURT OF THE COMMONWEALTH OF PENNSYLVANIA and EDGAR B. BAYLEY, Judge, Defendants FILED ' HARRISBURG. P-' JUN 14 1999 JURISDICTION COMPLAINT MARY E. :A D9. CLERK Per D put Jerk 1. This 42 U.S.C. §1983 action arises under the search and seizure protections of the Fourth Amendment to the Constitution of the United Stales, as hereinafter more fully appears. In this case, the Court has original jurisdiction under 28 U.S.C. §1331 and supplemental jurisdiction under 28 U.S.C. §1367. PARTIES 2. Plaintiff, Robert H. Barrett (herein, "Barrett"), Is a pro se litigant, a citizen of Cumberland County, Commonwealth of Pennsylvania, receives mail at 134 East High Street, Borough of Carlisle, and hereby files a complaint under42 U.S.C. §1983 for violation of Barrett's civil and property rights protected under the Fourth Amendment to the United States Constitution. 3. The Defendants are the Cumberland County Court of the Commonwealth of Pennsylvania and Judge Edgar B. Bayley, a sitting judge on the Court. / /'?? / CIVILCASE NO. STATEMENT OF CLAIM 4. Barrett is the owner of eleven (11) parcels of real estate situated within the Borough of Carlisle (herein, "the Borough"), Cumberland County, Pennsylvania. 5. The parcels of real estate are situated in what is known as the Carlisle Historic Preservation District (herein, "the Historic District"). 6. The Pennsylvania Historical and Museum Commission (herein, "the State Commission") allegedly certified the Historic District on October 1, 1975. 7. Barrett avers that the process leading to the alleged certification by the State Commission violated the substantive and procedural due process protections of the Fifth and Fourteenth Amendments of the United States Constitution. 8. Specifically, the State Commission denied property owners due process of law during the alleged certification process because the State Commission: a. failed to notify property owners of the alleged certification process; b. failed to provide property owners with a period for review and comment; c. lacked valid criteria for a certification process; and d. lacked substantial evidence for the alleged certification of the Historic District. 9. Further, having failed to establish a Constitutionally valid historic district, the State Commission failed to provide just compensation to property owners for the regulatory taking of their property rights. 10. Asa consequence of the State Commission's violation of due process protections, the certification of the Carlisle Historic District is invalid. 11. Because the certification of the Historic District is invalid, the Borough is without authority to regulate property on the basis of its location within the Historic District. Since 1975, the Borough has attempted to regulate property within the Historic District in the 2 33. absence of valid authority. 11? 12. On July 09, 1998, Barrett filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania at Civil No. 4:CV-98-1109 challenging the certification of the Historic District. 13. On July 22, 1998, in retaliation, the Borough filed a lawsuit in the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145 requesting that the Court appoint an agent to manage Barrett's eleven (11) properties within the Historic District. 14. Barrett avers that appointment of an agent to manage his eleven (11) properties constitutes a "taking" under the Fifth and Fourteenth Amendments of the United States Constitution thereby requiring due process of law and just compensation. 15. Barrett avers that there is no lawful basis for appointment of an agent to manage his properties. 16. On March 26, 1999, the Borough requested entry upon eight (8) of Barrett's properties "for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing the said properties and all fixtures and appurtenances located thereon or therein." A copy is attached as Exhibit A. 17. One (1) of the eight (8) properties which the Borough requested to "inspect" is Barrett's personal residence at 136 East High Street. 18. The "inspections" requested by the Borough constitute "searches" under the Fourth Amendment to the United States Constitution. 19. On April 12, 1999, Barrett objected to entry upon his property by the Borough on grounds that such entry "violates the Fourth Amendment to the United States Constitution in that it violates Defendant's (Barrett's) right to be secure in his property against unreasonable searches without probable cause," parenthetical added. A copy is attached as Exhibit B. 3 34- 20. On June 01, 1999, the Cumberland County Court of Common Pleas heard on- record argument on the Borough's motion to compel compliance with their discovery requests, including the Borough's request for entry upon Barrett's properties. 21. The Borough presented no statement of facts or evidence against Barrett's i -- properties to establish probable cause for general entry upon all eight (8) of Barrett's ?. properties. 22. The Borough presented no argument for entry upon any individual property owned j` by Barrett and established no probable cause for such action. 23. The Borough presented no argument for entry upon Barrett's personal residence at 136 East High Street and established no probable cause for such action. 24. On June 03, 1999, the Cumberland County Court issued an Order granting the Borough's request for inspection of Barrett's eight (8) properties. A copy is attached as ' Exhibit C. 25. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's properties collectively upon which to base a search. 26. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's individual properties upon which to base a search. 27. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's personal residence at 136 East High Street upon which to base a search. 28. The Cumberland County court violated the Fourth Amendment to the United States Constitution by issuing an Order allowing the Borough to search Barrett's eight (8) properties without probable cause. 29. Violation of the search and seizure protections of the Fourth Amendment to the United States Constitution is a Federal question. 4 ?? t RELIEF REQUESTED 30. WHEREFORE, Plaintiff prays your Honorable Court: a. Issue an Order vacating the Order of Court of Judge Edgar B. Bayley dated June 03, 1999 in the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145. b. Grant such further relief as may be appropriate. Dated: June 14, 1999 By: /'?- c'"9- RaA42- l-- Robert H. Barrett Plaintiff, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2, 301 5 ?r n Exhibit rte: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT H. BARRETT, Plaintiff v CIVIL CASE NO. 1 7- c V - 7 9 7 CUMBERLAND COUNTY COURT OF -FrLr-U THE COMMONWEALTH OF HARRISBURG. Ph. PENNSYLVANIA and JUN 141999 EDGAR B. BAYLEY, Judge, Defendants MARY .A? A -LEAK Per - 71 nnnuly Clerk MOTION FOR PRELIMINARY INJUNCTION NOW COMES Plaintiff, Robert H. Barrett and requests your Honorable Court issue a preliminary injunction staying the June 03, 1999 Order of the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145 based on the following: 1. Plaintiff, Robert H. Barrett (herein, "Barrett"), a pro se litigant, is a citizen of Cumberland County, Commonwealth of Pennsylvania, and receives mail at 134 East High Street, Carlisle. 2. On June 14, 1999, concurrently with this motion, Barrett filed a Complaint in the United States District Court for the Middle District of Pennsylvania charging Defendants with violating Barrett's right to be secure in his property against unreasonable searches without probable cause, thereby violating the Fourth Amendment to the United States Constitution. A copy of the Complaint is attached as Exhibit A. 3. On June 03, 1999, the Cumberland County Court at Civil No. 98-4145 issued an Order allowing the Borough of Carlisle (herein, "the Borough") to search eight (8) of Barrett's properties without probable cause. A copy of the Order is attached as Exhibit B. 1 ?? .'-, ?OWN 4. One (1) of the eight (8) properties to be searched is Barrett's personal residence at 136 East High Street, Carlisle. 5. The searches authorized by the June 03, 1999 Order of the Cumberland County Court are scheduled to commence on June 21, 1999 and continue through June 24, 1999. 6. Barrett is the owner of eleven (11) parcels of real estate situated within the Borough, eight (8) of the parcels are improved with buildings. 7. The parcels of real estate are situated in what is known as the Carlisle Historic Preservation District (herein, "the Historic District"). 8. The Pennsylvania Historical and Museum Commission (herein, "the State Commission") allegedly certified the Historic District on October 1, 1975. 9. Barrett avers that the process leading to the alleged certification by the State Commission violated the substantive and procedural due process protections of the Fifth and Fourteenth Amendments of the United States Constitution. 10. As a consequence of the State Commission's violation of due process protections, the certification of the Carlisle Historic District is invalid and the Borough is without authority to regulate property on the basis of its location within the Historic District. . 11. • On July 09, 1998, Barrett filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania at Civil No. 4:CV-98-1109 challenging the certification of the Historic District. 12. On July 22, 1998, in retaliation, the Borough filed a lawsuit in the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145 requesting that the Court appoint an agent to manage Barrett's eleven (11) properties within the Historic District. 13. Barrett avers that appointment of an agent to manage his eleven (11) properties constitutes a "taking" under the Fifth and Fourteenth Amendments of the United States _j 11 2 3 - Constitution, thereby requiring due process of law and just compensation. 14. On March 26, 1999, in conjunction with their July 22, 1998 lawsuit, the Borough requested entry upon eight (8) of Barrett's properties "for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing the said properties and all fixtures and appurtenances located thereon or therein." 15. The "inspections" requested by the Borough constitute "searches" under the Fourth Amendment to the United States Constitution. 16. On April 12, 1999, Barrett objected to entry upon his property by the Borough on grounds that such entry "violates the Fourth Amendment to the United States Constitution in that it violates Defendant's (Barrett's) right to be secure in his property against unreasonable searches without probable cause," parenthetical added. 17. On June 01, 1999, the Cumberland County Court of Common Pleas heard on- record argument on the Borough's motion to compel compliance with their discovery requests, including the Borough's request for entry upon Barrett's properties. 18. The Borough presented no statement of facts or evidence against Barrett's properties to establish probable cause for general entry upon all eight (8) of Barrett's properties. 19. The Borough presented no argument for entry upon any individual property owned by Barrett and established no probable cause for such action. 20. The Borough presented no argument for entry upon Barrett's personal residence at 136 East High Street and established no probable cause for such action. 21. On June 03, 1999, the Cumberland County Court issued an Order granting the Borough's request for inspection of Barrett's eight (8) properties. 22. The June 03, 1999 Order failed to state any finding of probable cause against 3 41 ,. Barrett's properties collectively upon which to base searchs of Barrett's properties. 23. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's individual properties upon which to base a search of any individual property. 24. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's personal residence at 136 East High Street upon which to base a search of that property. 25. The Cumberland County Court violated the Fourth Amendment to the United States Constitution by issuing an Order allowing the Borough to search Barrett's eight (8) properties without probable cause. 26. Violation of the search and seizure protections of the Four Amendment to the United States Constitution is a Federal question. 27. Barrett will suffer irreparable harm to his dignity and to his civil rights guaranteed under the Fourth Amendment to the United States Constitution if the Borough conducts searches of his eight (8) properties without probable cause. RELIEF REQUESTED WHEREFORE, Barrett prays your Honorable Court issue a preliminary injunction staying the June 03, 1999 Order of the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145 and enjoining the Borough of Carlisle from entry upon Plaintiff's eight (8) properties for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing the said properties and all fixtures and appurtenances located thereon or therein. Further, the Court should conduct a hearing to determine if the preliminary injunction should be made permanent pending a final decision in the complaint. a 4r. /,- *N )ated: June 14, 1999 By: Robert H. Barrett Plaintiff, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2, 301 5 n Exhibit e"*, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT H. BARRETT, Plaintiff V. CUMBERLAND COUNTY COURT OF THE COMMONWEALTH OF PENNSYLVANIA and EDGAR B. BAYLEY, Judge, Defendants JUN 141999 BRIEF IN SUPPORT OF IL MOTION FOR PRELIMINARY INJUNCTION NOW COMES Plaintiff, Robert H. Barrett (herein, "Barrett"), a pro se litigant, and requests your Honorable Court issue a preliminary injunction staying the June 03, 1999 Order of the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145. In support thereof, Barrett avers the following: 1. Procedural History/Factual Background 1. Barrett is a citizen of Cumberland County, Commonwealth of Pennsylvania and receives mail at 134 East High Street, Carlisle. 2. Barrett is the owner of eleven (11) parcels of real estate situated within the Borough of Carlisle (herein, "the Borough"), Cumberland County, Pennsylvania. Eight (8) of the properties are improved with buildings. 3. The parcels of real estate are situated in what is known as the Carlisle Historic Preservation District (herein, "the Historic District'). 4. The Pennsylvania Historical and Museum Commission (herein, "the State CIVIL CASE NO. FILED HARRISBURG, PA 1 4"- q r.uV? Commission") allegedly certified the Historic District on October 1, 1975. 5. Barrett avers that the process leading to the alleged certification by the State Commission violated the substantive and procedural due process protections of the Fifth and Fourteenth Amendments of the United States Constitution. 6. Specifically, the State Commission denied property owners due process of law during the alleged certification process because the State Commission: a. failed to notify property owners of the alleged certification process; b. failed to provide property owners with a period for review and comment; C. lacked valid criteria for a certification process; and d. lacked substantial evidence for the alleged certification of the Historic District. 7. Further, having failed to establish a Constitutionally valid historic district, the State Commission failed to provide just compensation to property owners for the regulatory taking of their property rights. 8. As a consequence of the State Commission's violation of due process protections, the certification of the Carlisle Historic District is invalid. 9. Because the certification of the Historic District is invalid, the Borough is without authority to regulate property on the basis of its location within the Historic District. Since 1975, the Borough has attempted to regulate property within the Historic District in the absence of valid authority. 10. On July 09, 1998, Barrett filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania at Civil No. 4:CV-98-1109 challenging the certification of the Historic District. 11. On July 22, 1998, in retaliation, the Borough filed a lawsuit in the Cumberland County Court of the Commonwealth of Pennsylvania at Civil No. 98-4145 requesting that the 2 46-1 Court appoint an agent to manage Barrett's eleven (11) properties within the Historic District. 12. Barrett avers that appointment of an agent to manage his eleven (11) properties constitutes a "taking" under the Fifth and Fourteenth Amendments of the United States Constitution thereby requiring due process of law and just compensation. 13. Barrett avers that there is no lawful basis for appointment of an agent to manage his properties. 14. On March 26, 1999, the Borough requested entry upon Barrett's eight (8) improved properties "for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing the said properties and all fixtures and appurtenances located thereon or therein." 15. One (1) of the eight (8) improved properties is Barrett's personal residence at 136 East High Street. 16. Barrett avers that the "inspections" requested by the Borough constitute "searches" under the Fourth Amendment to the United States Constitution. 17. On April 12, 1999, Barrett objected to entry upon his property by the Borough on grounds that such entry "violates the Fourth Amendment to the United States Constitution in that it violates Defendant's (Barrett's) right to be secure in his property against unreasonable searches without probable cause," parenthetical added. 18. On June 01, 1999, the Cumberland County Court of Common Pleas heard on- record argument on the Borough's motion to compel compliance with their discovery requests, including the Borough's request for entry upon Barrett's properties. 19. The Borough presented no statement of facts or evidence against Barrett's properties to establish probable cause for general entry upon all eight (8) of Barrett's improved properties. 3 4, IV__ -" 1? 20. The Borough presented no argument for entry upon any individual property owned by Barrett and established no probable cause for such action. 21. The Borough presented no argument for entry upon Barrett's personal residence at 136 East High Street and established no probable cause for such action. 22. On June 03, 1999, the Cumberland County Court issued an Order granting the Borough's request for inspection of Barrett's eight (8) improved properties. 23. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's properties collectively upon which to base searchs of Barrett's properties. 24. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's individual properties upon which to base a search of any property. 25. The June 03, 1999 Order failed to state any finding of probable cause against Barrett's personal residence at 136 East High Street upon which to base a search of that property. 26. The Cumberland County Court violated Barrett's right under the Fourth Amendment to the United States Constitution to be secure in his property against unreasonable searches by issuing an Order allowing the Borough to search Barrett's eight (8) improved properties without probable cause. 27. Violation of the search and seizure protections of the Four Amendment to the United States Constitution is a Federal question. If. Questions Presented I ` 1. Do the "inspections" requested by the Borough constitute "searches" under the 1 Fourth Amendment to the United States Constitution? Proposed answer in the affirmative. 2. Did the Borough establish probable cause for searching all eight (8) of Barrett's 11 4 47 improved properties? Proposed answer in the negative. 3. Did the Borough establish probable cause for searching any individual property owned by Barrett? Proposed answer in the negative. III. Argument 1. The "inspections" requested by the Borough constitute "searches" under the Fourth Amendment to the United States Constitution. The Borough requested entry upon Barrett's eight (8) improved properties "for the purpose of inspecting, measuring, photographing, videotaping, testing, sampling, or analyzing ; the said properties and all fixtures and appurtenances located thereon or therein." The Borough's stated request is all encompassing, allowing them to go everywhere and to search everything within each property. There is no statement identifying what the Borough is searching for. Apparently, like pornography, they will know it when they see it. There is no statement as to the extent of their searches. Can they search the contents of the properties? Can they search the possessions of Barrett and his tenants? It is clear that the June 03, 1999 Order, in fact, constitutes a general search warrant for Barrett's properties. 2. The Borough did not establish any general grounds for probable cause for searching all eight (8) of Barrett's improved properties. The Borough has stated no purpose for the requested searches other than that they are relevant to the lawsuit. The Borough did not attempt to establish relevance to any law or regulation. The Borough did not attempt to establish relevance to public safety, fire, or health codes. The Borough did not attempt to establish relevance to historic district regulations. A simple, unsubstantiated pronouncement of relevance cannot serve as a basis for physically 5 X91 invading private property. f'1 3. The Borough did not attempt to establish probable cause for searching any individual property owned by Barrett. The Borough did not attempt to establish the relevance of searching any specific property. The Borough did not identify any individual property or the condition of that property or the nature of any violation of law or regulation against said property in order to establish the relevance of searching that property. The Borough did not attempt to establish the relevance of searching Barrett's personal residence at 136 East High Street. The Borough has never attempted to cited Barrett's personal residence at 136 East High Street for any property maintenance or other code violation. It is a mystery on what grounds they now attempt to search Barrett's personal residence. If for no other reason than the requested search of Barrett's personal residence, it should be clear to the Court that the June 03, 1999 Order of the Cumberland County Court violates Barrett's rights under the Fourth Amendment of the United States Constitution. IV. Conclusion Based on the above, it is clear that the "inspections" requested by the Borough are, in fact, "searches" under the Fourth Amendment of the United States Constitution. It is also clear that the June 03, 1999 Order of the Cumberland County Court at Civil No. 98-4145 constitutes a general search warrant. Further, the Borough failed to establish probable cause for searching all eight (8) of Barrett's improved properties or for searching any specific property. Thus, the Cumberland County Court can show no probable cause to support their June 03, 1999 Order. For the foregoing reasons, Plaintiff requests your Honorable Court issue a preliminary injunction staying the June 03, 1999 Order of the Cumberland County Court of the 6 4. I . Commonwealth of Pennsylvania at Civil No. 98-4145. ?Q,L?' ? • ?GL1?LQ? Dated: June 14, 1999 By: Robert H. Barrett Plaintiff, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2, 301 7 V-6. Exhibit J ?5/. C- IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT H. BARRETT, No. 1:CV-99-997 Plaintiff Complaint Filed 6/14/99 V. (Judge Muir) CUMBERLAND COUNTY COURT OF THE [TED COMMONWEALTH OF PENNSYLVANIA 1N!L I I k4A -P0F.T. PA and EDGAR B. BAYLEY, Judge jU! 2 7 19°9 Defendants M. ARY!N?.ANDR°A, C! E R K P9f DepulyCterk ORDER July.-RI , 1999 THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: On June 14, 1999, Plaintiff Robert H. Barrett filed a complaint pursuant to 42 U.S.C. § 1983 alleging that his rights under the Fourth Amendment to the United States Constitution were violated when the Honorable Edgar B. Bayley, of the Court of Common Pleas of Cumberland County, issued an order permitting officials of the Borough of Carlisle, Pennsylvania, to inspect eight properties owned by Barrett. The order was issued by Judge Bayley in a civil action filed by the Borough of Carlisle seeking the appointment of an agent to manage Barrett's properties. The inspections are in connection with a discovery request by the Borough and the Borough's efforts to bring the properties into compliance with the Borough's building code and historic district regulations. Barrett names as defendants the "Cumberland County 9. ,--\ Court of the Commonwealth of Pennsylvanian and Judge Bayley. Along with his complaint Barrett filed a motion for a preliminary injunction and a brief in support thereof. The principal remedy sought by Barrett is an injunction staying the June 3, 1999, order of Judge Bayley and enjoining the Borough of Carlisle from entry upon any of his eight properties. The inspections were scheduled to commence on June 21, 1999. By order of June 15, 1999, we denied the motion for a preliminary injunction. That order also directed Barrett to show cause in a brief why his complaint should not be dismissed for lack of subject matter jurisdiction and granted Defendants the opportunity to file a reply brief on or before July 23, 1999. On July 6, 1999, Barrett filed a brief in opposition to dismissal of the complaint. Defendants did not file a reply brief and the issue of whether the complaint should be dismissed became ripe for disposition on July 23, 1999. Barrett requests that we stay an order of the Court of Common Pleas of Cumberland County which permits the Borough of Carlisle to inspect eight of his properties and grant such other relief as we deem appropriate. Barrett fails to understand that a federal district court does not sit as an appellate court able to adjudicate appeals of state proceedings. See District of Columbia Court of Appeals vs. Feldman, 460 U.S. 462 (1983) ; i; 1. We assume Barrett means the Court of Common Pleas of Cumberland County, Pennsylvania, because there is no such entity as the "Cumberland County Court of the Commonwealth of Pennsylvania." i 2 1.A 53. eIMN Rooker vs. Fidelity Trust Co., 263 U.S. 413 (1923). Under the "Rooker-Feldman" doctrine federal district courts lack jurisdiction to engage in what is essentially appellate review of state court determinations or to evaluate constitutional claims that are "inextricably intertwined with the state court's (decision] in a judicial proceeding." Feldman, 460 U.S. 462, 483 n.16; see also Port Auth. PBA vs. Port Auth. of N.Y. & N.J., 973 F.2d 169, 178 (3d Cir. 1992) ("Rooker-Feldman doctrine precludes federal review of lower state court decisions, just as it precludes review of the decisions of a state's highest court."). in the present case Barrett claims that the order permitting inspection was issued in violation of his Fourth Amendment rights. Barrett's complaint, motion for preliminary injunction and the attachments thereto reveal that prior to the issuance of the order Barrett filed in the Court of Common Pleas an answer to the Borough's motion for inspection of the properties. In that answer Barrett argued that the issuance of an order permitting inspection would violate his Fourth Amendment rights against unreasonable searches. Judge Bayley rejected the argument and issued the order permitting inspection. The Fourth Amendment claim is "inextricably intertwined" with the order permitting inspection. Barrett cannot challenge Judge Bayley's order in this court but is required to seek.review of the order through the Pennsylvania appellate courts and, if unsuccessful in the state appellate courts, in the United States Supreme Court. Port Auth. PBA, 973 F.2d at 178-79. we have no jurisdiction to 3 54. entertain Barrett's complaint. Furthermore, the Court of Common Pleas of Cumberland County "as a court and acting as a court derives immunity from the doctrine of judicial immunity. It is a collection of judges and judicial officers whose participation in trials requires immunity to assure the proper and efficient functioning without harassment or intimidation." Mourat v. Common Pleas Court of Lehigh County, 515 F.Supp. 1074, 1076 (E.D. Pa. 3.9 8 1) (Troutman, J.). Barrett in his brief has set forth no statutory or case authority which permits us to entertain his complaint. Consequently, Barrett's complaint will be dismissed with prejudice. In our order of June 15, 1999, we advised Barrett of his obligations under Rule 11 of the Federal Rules of Civil Procedure. Rule 11 allows the imposition of sanctions on a party for filing a complaint that has no legal or evidentiary basis. Sanctions may include an order to pay a penalty into the court. We will direct Barrett to show cause why Rule li sanctions should not be imposed on him. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Barrett's complaint filed June 14, 1999, is dismissed with prejudice. 2. The Clerk of Court shall close this case. 3. Barrett shall on or before August 20, 1999, show cause in writing why Rule 11 sanctions should not be imposed on him. 4 63, 4. The Clerk of court shall FAX, if possible, a copy of this order to the Honorable Edgar B. Bayley and the Prothonotary of the Court of Common Pleas of Cumberland County and mail a copy to them at 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387. 5. The Clerk of Court shall FAX, if possible, a copy of this order to Robert H. Barrett and mail a copy to him. 6. The Clerk of Court shall send a copy of.this order to the Honorable Yvette Kane.2 MUIR, U.S. District Judge MM:gs 2. Barrett has filed seven other cases in this court. All of those cases, several of which are still pending, were assigned to Judge Kane. 5 5-?' Exhibit K w 5-7 e"% BOROUGH OF CARLISLE, Plaintiff v. /""\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT H. BARRETT, Defendant NO. 98-4145 EQUITY TERM NOTICE OF APPEAL Notice is hereby given that Robert H. Barrett, Defendant above named; ? - erel?,app the Pennsylvania Commonwealth Court from the June 03, 1999 Order of The to B. Bayley, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, which Order allowed Plaintiff, Borough of Carlisle to search eight (8) of Defendant's improved properties without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the things to be seized. The Order has been entered by the Prothonotary on the docket. ?PiLI G?I . ?C??t/uW Dated: June 21, 1999 By: Robert H. Barrett Defendant, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2, 301 5T ?I BOROUGH OF CARLISLE, Plaintiff V. ROBERT H. BARRETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4145 EQUITY TERM NOTICE A Notice of Appeal, having been filed in this matter from the June 03, 1999 Order of The Honorable Edgar B. Bayley, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, and there having been relevant testimony in a proceeding on June 01, 1999 in the Court of Common Pleas, a transcript of the testimony has been requested from the trial court (A copy of the Request for Preparation of Transcript is attached.) in conformity with the Pennsylvania Rules of Appellate Procedure, Rule 1922. Dated: June 21, 1999 By: Robert H. Barrett Defendant, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301,'2, 301 6-q, BOROUGH OF CARLISLE, Plaintiff V. ROBERT H. BARRETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4145 EQUITYTERM REQUEST FOR PREPARATION OF TRANSCRIPT To: The Honorable Edgar B. Bayley, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOW COMES Defendant, Robert H. Barrett and requests your Honorable Court to have prepared a transcript of the on-record argument held on June 01, 1999 regarding Plaintiff, Borough of Carlisle's Motion to Compel Compliance with Plaintiff's Discovery Requests. Defendant Barrett understands that he is responsible for the cost of preparing the transcript, and accordingly, agrees to do so. Defendant asks that he be notified when the transcript is ready for payment and pickup. Respectfully, Dated: June 14, 1999 By: Robert H. Barrett Defendant, pro se 134 East High Street Carlisle, PA 17013 (717) 243-0989 (703) 696-6301, 2, 301 (6. - FYS510 Cumberland County Prothonotary's Office Civil Case Inquiry L998-04145 CARLISLE BOROUGH (vs) BARRETT ROBERT H Reference No. Filed........: Case Ty e.....: COMPLAINT - EQUITY Time.........: Judgmen 00 Execution Date Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: Page 7/22/1998 9:54 0/00/0000 O/00/0000 General Index Attorney Info CARLISLE BOROUGH OF 53 WEST SOUTH STREET CARLISLE PA 17013 BARRETT ROBERT H 134 EAST HIGH STREET CARLISLE PA 17013 PLAINTIFF SCHORPP EDWARD L DEFENDANT PRO SE k Date Entries X7/22/1998 17/22/1998 17/28/1998 )7/27/1998 18/11/1998 18/12/1998 k0/09/1998 kO/14/1998 1.0/19/1998 RING ON MERITS AND FINDING THAT THE OF A PRELIMINARY INJUNCTION HAVE ISLE IT IS ORDER (1) EX PARTS SPECIAL IS REPLACED WITH HS PRELIMINARY COPIES MAILED 10/19/98 -------------------------------------------------- ------------ 1/18/1998 PRAECIPE FOR LISTING CASE FOR ARGUMENT BY EDWARD L SCHORPP ESQ DEFENDANT'S PRELIMINARY OBJECTIONS ________ ---------------- 2/10/1998 ORDER OF COURT BEFORE BAYLEY J AND HESS J 12/09/98 PRELIMINARY OBJECTIONS OF DEFT TO PLFF'S COMPLAINT ARE DISMISSED EDGAR B BAYLEY JUDGE COPIES MAILED 12/10/98 - --__--______ -------------------------------------------------- --_ 2/22/1998 ANSWER TO COMPLAINT -------- ------------------ ----------------------------------------- 1/08/1999 NOTICE OF REMOVAL ------ ------------------------------------------------------------- 1/08/1999 REPRODUCED RECORD ------------------------------------------------------------------- FIRST ENTRY COMPLAINT - EQUITY ------------------------------------------------- ------------------ PETITION FOR PRELIMINARY INJUNCTION --------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: BARRETT ROBERT H SERVED : 7/27/98 COMPL EQUITY PET FOR PRELIM INJUNCTION Costs....: $27.10 Pd By: EDWARD L. SCHORPP 07/28/ 1998 --------------------------------------------------- ORDER OF COURT 7/27/98 RULE IS ISSUED UPON RESPONDENT ROBERT H BARRETT RULE RETURNABLE & HEARING COURTROOM NO 2 FRIDAY 8/07/98 AT 8:45 AM EDGAR B BAYLEY JUDGE NOTICE MAILED 7/28/98 ----------------------------------------------------------- -------- PRAECIPE PETITION FOR PRELIMINARY INJUNCTION FILED 7/22/98 IS HERE -BY WITHDRAWN WITHOUT PREJUDICE EDWRD L SCHORPP ESQ ATTY PLFF ------------------------------------------------- ---------- -------- DEFENDANT'S PRELIMINARY OBJECTIONS ------------------------------------------------------------------- PETITION FOR PRELIMINARY INJUNCTION ORDER OF COURT 10/13/98 HEARING ON WHETHER TO ENTER A PERMANENT PRELIMINARY INJUNCTION SHALL BE CONDUCTED IN COURTROOM #2 AT 11:00 AM MONDAY 10/19/98 EDGAR B BAYLEY JUDGE COPIES MAILED 10/14/98 V PYS510 CumberlciviloCase Inquiry tary's -04145 CARLISLE BOROUGH OF BARRETT ROBERT H erence No.•.COMPLAINT e Type g QOEQUITY ent.....s . ,ge Assigned: ,posed Desc.: ____________ ____---- Case Comments ------------- .9/1999 )1/1999 L9/1999 29/1999 23/1999 06/1999 19/1999 x19/1999 /19/1999 /03/1999 /14/1999 /16/1999 ;/17/1999 Filed........: 7/22/1998 Time.........: Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.1 Higher Crt 2.: ORDER 3/18/99 YVETTE KANE U S DISTRICT JUDGE US DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNA - . ---------------------------------- -------------------------------- OBJECTIONS TO SUBPOENA PURSUANT TO RULE_4009_2_______________ UE OF A SUBPOENA AGAINST THE PENNSYLVANIA O ALLOW ISSUE-OF- MOTION -TO-ALLOW- ----- --- ________-------------- ___ __ HISTORICAL AND MUSEUM COMMISSION MOTION TO COMPEL COMPLIANCE WITH PLAINTIFF'S DISCOVERY REQUESTS AND/OR FOR SANCTIONS PLFF ----------------------------------------- ORDER OF COURT DATED 4/23/99 - DEFT'S MOTION FOR ISSUANCE OF SUBPOENA TO PA HISTORICAL AND MUSEUM COMMISSION IS DENIED - EDGAR SUBPOENA ----------------------- BAYLEY-J -- ------------------------- ORDER OF COURT 5/06/99 IN RE HEARING 5/13/99 AT 10:20 EDGAR B BAYLEY JUDGE _________ NOTICE MAILED 5/07/99 _ --------------------------___ COUNTY COURT9ANDNDEFTSLSECONDCNOTICETOFNREMOVALANDPLAINTIFF'SAN° MOTION TO REMAND IS GRANTED ------THE CLERK OF COURT IS DIRECTED TO ACCEPT FIL MATTER OF BOROUGHFOF CARLISLENVSFBARRETTNOTYVETTEFKANEOUNITED THE STATES DISTRICT JUDGE US DISTRICT- COURT - FOR - THE- MIDDLE- DISTRICT ORDER _ OF COURT 5/13/99 IN LIGHT OF CURRENT SECOND PETITION FOR REMOVAL I WILL DEFER AT THE MOMENT - IF FEDERAL COURT SENDS THE racF RACK I WILL RESCHEDULE_THErcccTEREDGART B EBAYLEY JUDGE THE -1 1? OUTbTANIJIIIV rwi+ - ---- - -------- COPIES MAILED 5/20/99 -------- -------------- ------------------------------------- GAREBHBAYLEY JUDGETROOM NO 2 AT 11:00 TUESDAY RDER OF J COURT I 1999/99EDIN C AM O COPIES MAILED 5/20/99 ---------- -------------------------------------------- ORDER - OF - COURT - 6/03/99 BY EDGAR B BAYLEY JUDGE COPIES MAILED 6/03/99___ ___------------------------------------- PETITION TO VACATE AN ORDER OF 6/15/99 - FROM - ED MUIR STATUES_S_DDISTRICTCJUDGE--- THE MIDDLE ----THE DATED 6/03/99TIS6DENIED PETITEDGARION BAYLEY JUDGEISCOVERY ORDER - COPIES MAILED 6/17/99 LAST ENTRY - - - - r***ra*,r*****+*****+*****,r*,r*+*.Escrow*Information*++*,++************+****** Pis/Ad End Bal ym Fees & Debits Bea Bal 35 50 35 00 COMPLAINT .50 . . 00 TAX ON CMPLT 5 00 5.00 . SETTLEMENT . 5.00 5.00 ---___ _ JCP FEE -------------- ---- 45.50 End of Case Information W. n Exhibit L ?3,. r'°1 IN THE COMMONWEALTH COURT OF PENNSYLVANIA BOROUGH OF CARLISLE V. ROBERT H. BARRETT, Appellant No. 1575 C.D. 1999 O R D E R NOW, July 19, 1999, upon consideration of appellee's motion to quash and appellant's brief in opposition, and it appearing that the order appealed is interlocutory and not otherwise appealable in that it does not fall within the scope of Pa. R.A.P. 311, 312, or 313, the motion is granted. The appeal is quashed. BY THE CO T• S. J. CERTIFIED FROM THE RECORD AND ORDER EXIT JUL 2 0 1999 pdpuothonotary-Chief eFi? 64, Exhibit M 6- BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY ROBERT H. BARRETT, Defendant 98-4145 EQUITY TERM ORDER OF COURT AND NOW, this 7th day of July, 1999, I adjudicate you in civil contempt of court for violating this Court's inspection order of June 3, 1999. You are committed to the Cumberland County Prison until you purge yourself of contempt. You may purge yourself of contempt by advising me at any time that you will comply with the inspections as required by the order of June 3, 1999, and at that point I will then immediately set a new inspection schedule, and I will then have a sheriff take you to the first scheduled inspection, and if you comply with that inspection order, you may remain out of prison for as long as you continue to purge yourself of contempt by allowing all further inspections as scheduled. Defendant is to stand committed in civil contempt until the conditions of purge are met or he obtains a supersedeas from an Appellate Court. TRUE COPY FROM RECORD t Ze-Co, m Tests whereof, 1 hrrr unto set rrry hang and the 1 of sal Cou ar' Pa. ihi dh d 1 Profhonota Edward L. Schorpp, Esquire For Plaintiff Robert H. Barrett, pro se Defendant 134 East High Street Carlisle, PA 17013 CCP Sheriff prs ?? !°? ? ?. - - - - /) tt?• /? BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - EQUITY ROBERT H. BARRETT, Defendant 98-4145 EQUITY TERM ORDER OF COURT AND NOW, this 17u' day of August, 1999, defendant, Robert H. Barrett, having advised this court by letter received this date that he "agrees to comply with the inspections as required by the order of June 03, 1999," a copy of which is attached hereto, and upon relation that the Carlisle Borough Solicitor is out of town until August 23, 1999, and that the gathering of the six people authorized by the order of June 3, 1999, to make said inspections cannot be quickly assembled, it is ORDERED: The Carlisle Borough Solicitor shall provide this court with dates during which the inspections of the eight properties as provided for in the order of June 3, 1999, can be conducted at the rate of two inspections a day, one in the morning and one in the afternoon. 2. Following receipt of said dates an additional order will be entered scheduling the. inspections at which time defendant will be held to compliance pursuant to the order of June 3, 1999, and his current agreement in writing that he will now comply with the inspections. 3. Defendant is temporarily released from commitment under this court's order of July 7, 1999, adjudicating him in civil contempt for violating the inspection order of June 3, 1999, &91 r conditioned upon his compliance with the new scheduling order to be entered. Edward L. Schorpp, Esquire Elizabeth G. Dixon, Esquire For the Plaintiff Robert H. Barrett, Pro Se CCP Am BY THE COUM. QM 10A Edgar B. Bayle, J. TRUE COPY FROM RECORD In Tsst:rrory \• f: r.of, I here unto set my hand and 1110 seal of said Court at Carlfs!e, Pa. This ....day of (2 ......,., 19.`?.?/. Prothonotary 6? (ekowe-C 911.7 r ' Z4?006,-'6' 6F "lit (PLAe--(Tt F ?,17`r U ?rJDAfi(i -Qi4S? Pcry -TI p - ANtS E& e6- . 6F eks Pen COUNTY OF Cumberland of Carlisle 53 W. South Street 11-A & ARCH WARRANT AND AUTHORIZATION 717-249-4422 WPIANTNAME IDENTIFY ITEMS TO BE SEARCHED FOR AND BEIZED IBe et speaDC as pDSYDIe): door will be taken of the property on the Story facing South Bedford Street, Carlisle (interior PA. Photographs and video wliil area brick 35 South Bedford Street, Carlisle, PA Parcel ID #03-21-0320-015 Robert H. Barrett IN OF (DDacnDe cnndW a spanN Stamm): of the Borough of Carlisle, Chapter 183 which adopted the 1996 BOCA Ongoing nlrequlrM per PaR.Co m.P. f00TA wtN avlgnad Flb No. Por Pa.R.Crfm.P, r07) gmmiko t Application Approved by Distnc o - ' nal Pages Attached (Other than Affidavit of Probable Cause) le Cause Affidavit(s) MUST be attached (unless sealed below) Total number A pages: ALNUMBER OF PAGES IS BUM OF ALL APPLICATION.PPDBABLE CAUSE AND CDNTNUAiION PAGES EVEN IF ANYs TH EPAGESARESEALED thatthere med Atfiant, heing duly ss eviden e?o(orthe fruit of a crime orAlslconlrabandror is unlawfully pos esand sa sed or Is otherwise subjectto ve that ceRain property is located al the DaAicular premises or in the possession of the particular person as described a ove. n. , n c(?7 iworn nd sub of a me tms=- uay - - - - - eRly - ti 0/ 3 (SEAL) I trice Address - - - - 0 Signature of Issuing Autho - SEARCH WARRANT WHEREAS, facts have been sworn to or affirmed before me by affidavit(s) ached hereto from prsondcdbed, and to which I have found probable cause, I do aulhorae you to search the premises or a TO LAW ENFORCEMENT seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure. OFFIC hours of 6AM to t OPM but Z his Warrant shall be served as soon as practicable and shall be served only between the in no event later than: C] This Warrant shall be served as soon as practicable and maybe served any time during the day or night but in no even) later than: •' Ln c• ? /I_ ?f ( 197 I w a / T M, o'clock --- m: I- • The issuing authority should specify a dale not later than two (2) days after issuance. dm.P. ga >- ^Illhe issuing authority rinds reasonable cause for issuing a nighttime warranton the basis sis Of o/ additional reasonable cause set forth in the accompanying affidavit(s) m and wishos to issue a nighttime warrant, then this NO all be checked. Pa.R./C;rim.P. 2006(9). Q day of 19 7 at O . _;te r M. o'clock. F ued u my hand Y (SEAL) J b%-a-al (-3-c?ooc? a Date Commfssfon Expires: Dist No. O Mag. Dist. or Judicial Signature of Issuing Authority ^ rlct Justice Common Pleas Judge ? w Title of Issuing Authority: 1114 ? CO For good cause stated in the afffdavits(s) the Search Warrant Affidavit(s) are sealed for days p by my certification and signature. (Pa.R.Crim.P. 2011) (Hate) (SEAL) Signature of issuing Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge). AVC41OA-113.90 I / 1 - AFFIDAVIT OF PROBABLE CAUSE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY --IN rte, LvMPLAINTNUMBER YEAR I rPE NUMBER Complaint Numbers if Other Participants INCIDENT NUMBER UCR NO. OTN COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Borough of Carlisle vs. I, Michael Landis of Borough of Carlisle NAME Robert H. Barrett AND ADDRESS being duly swam (or affirmed) before me, according to law, deposes and says that there is probable cause to believe that: PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CURCUMSTANCES: The property is an occupied property. {Pater service records located at the Borough of Carlisle Water Department indicate that water service is available at the residence. Michael Landis and Stephen Waller visually inspected the property on June 10 & 15, 1999. The visual inspections determined that several holes are in the eaves located to the front of the structure, which are housing birds. These birds could interfere with the house wiring located within these areas. The second floor rear balcony has balusters missing in the guardrail surrounding the balcony. The spacing of the balusters is important in that it restricts objects from failing through the openings. This dwelling also has a common wall with 37 South Bedford, the violations occurring here could and may also affect the other attached dwelling. The owner ofsaid property is a persistent violator of the Building Code dating back to 1993. Based on the information listed above 1 am asking that a search warrant be issued for the entire interior and exterior of the structure identified as 35 South Bedford Street, Carlisle, PA, owned by Robert H. Barrett. PA Rules of Criminal Procedure Rule 3, Law Enforcement officer is any person who is by law given the power to enforce the law when acting within the scope of that persons employment. () = Denotes applicable section in BOCA 1996 Property Maintenance Code. SIGNATURE OF .4FFIANT ADDRESS OF PRIVATE rrcncu „. Swo t nd su scf bed off t is d day of I c?\ 6tJV??? ignature of Iss 'ng Authority) (SEAL) DISTRICT JUSTICE COURT NO.Q?-?-Q I OFFICE ADDRESS: r(2 ! ?? `OIL tit. 15C?/ Q? 1 Date Commission Es,:res: Phone: "-l ! ?'3 2vw 73. Exhibit P 74, I? Commonwealth of Pennsy)4nia ob LPPLICATION FOR S( :RCH WARRANT 'COUNTY OF Cumberland AND AUTHORIZATION Docket Number Police Incident Warrant Control (Issuing Authority): Number: Number: Borough of Carlisle 53 W. South Street 717-249-4422 A FAN NAM AGENCY PNONENUMBER DA APPLICATIN IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as Smk as FaSLWe): 2 Story brick face residence, in its entirety (interior and exterior), identified by black numbers 37, located on the door area facing South Bedford Street, Carlisle PA. Photographs and video will be taken of the property SPECIFIC DESCRIPTION OF PREMISES ARMOR PERSON TO BE SEARCHED (Sheet and No. Apt. No., VeWde, Safe Depose Bos, etc); 37 South Bedford Street, Carlisle PA Parcel ID # 03-21-0320-016 NAME OF OWNER OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (limper names unimown. Owe ariasarW Scnpnon): Robert H. Barrett VIOLATION OF (Describe WWWtW spepry slatute): Code of the Borough of Carlisle, Chapter 183 which adopted the 1996 BOCA DATE(S) OF VIOLATION: Ongoing Property Maintenance Code Warrant Application Approved by District Attorney- DA File No. ytt `l? - Ob S/?5 4ci 1535 INDA approval raguirod Par Pa.R.Ctlm.P, 2002A .lilt asayned Flla Me. Par Pa.R.Cdrrl.P. 107) ? Additional Pages Attached (Other than Affidavit of Probable Cause) ? Probable Cause Affidavit(s) MUST be attached (unless sealed below) Total number of pages: _ OTAL NUMBER OF PAGES IS SUM OF ALL APPLICATION. PROBABLE CAUSE AND CONTINUATION PAGES EVEN IF ANY OF THE PAGES ARE SEALE The below named Afriant, being duly sworn (or affirmed) before the Issuing Authority according to law, deposes and says that there is probable cause to believe that certain property is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is otherwise subject to seizure, and is fouled at the particular premises or in the possession of the particular person as described above. S..t * (67 Signature of Affront Agency orAddress if private Afrant Badge Number \n to sobs i _d afore his ' By of 19. Mag. ist: e2 I / v (SEAL) -SIVirature of Issuing city. Of(ce Adtlress y SEARCH WARRANT WHEREAS, loots have been sworn to or affirmed before me by written affdavil(s) attached hereto from O TO LAW ENFORCEMENT which I have found probable cause, I do authorize you to search the premises or person described, and to OFFICE - seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure. Q is Warrant shall be served as soon as practicable and shall be served only between the hours of 6AM to IOPM but in no event later than:' C7 Z ? This Warrant shall be served as soon as racticable and maybe served anytime during the day or night but in no event later than:** 0 ?-'2A42- M, o'clock 19 (A • 1Te issuing au(hanry should specify a date not later than two (2) days star issuance. Pa.R.Cnm.P. 20o5(d). U.1 zz '• Ifthe issuing authority Ands reasonable cause for issuing a nignaime warrant on the basis of additional reasonable cause set forth In the accompanying aiAdavil(s) F and wishes to issue a nighttime warrant then this bl shall be checked. Pa.R. Cn'm.P. 2006(g). m .C d r he f I`°? 19 7 at C >"d o'clock I d . Un o e SEAL ) 6C-0.0 /_3^D ( Ja Signature of Issuing Authority Mag. Dist. or Judicial Dist. No. Date Commission Expires: f Title of Issuing Authority: lzlrlci Justice ? Common Pleas Judge ? w For good cause stated in the affidavits(s) the Search Warrant Affidavit(s) are sealed for days m by my certification and signature, (Pa.R.Crim.P. 2011) (Date) (SEAL) Signature of Issuing Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge). 75? 77 AFFIDAVIT OF PROBABLE CAUSE I COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY 1-1 COMPLAINTNUMBER YEAR Complaint Numbers if Other Participants INCIDENT NUMBER UCRNO. OTN COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Borough of Carlisle VS. Michael Landis of Borough of Carlisle NAME Robert H. Barrett AND ADDRESS being duly sworn (or affirmed) before me, according to law, deposes and says that there is probable cause to believe that: PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CURCUMSTANCES: The property is a vacant property , water service records, located at the Borough of Carlisle water department, indicate that water service has not been at the residence since June 15, 1994- ,Llichael Landis and Stephen Waller visually inspected the property June 10 & 15 1999. The visual inspections determined that there are structural violations for the rear balcony which has decayed structural members, Jloor joist, decking and support post. There is also no guardrail surrounding the balcony. The condition of the balcony appears that it could fall and that there is also a door accessing this area, if the door is functioning there would be no safeguard for a person not to fall off the balcony. The roofstruciure, above balcony has decayed structural members, rafters, which could allow collapse onto the balcony and also surrounding ground level areas. A broken window on the second floor to the rear. This is allowing rainwater to enter as well as animals, which will a//ow the interior structure to decay. There are several holes in the eaves located to the front of the structure, which are housing birds, These birds could affect the electrical wiring in theses areas. The second floor balcony located in the front of the dwelling has no guardrail, decayed structural members roof rafters and decking. This balcony could allow for collapse onto the porch below and neighboring properties. The violations noted previously may and could affect the interior of the structure. The deterioration of the interior could result in a collapse and also damage of the attached property. ljthere is electricity and or heating fuels in the vacant structure this could also present additional hazards. The owner of this property has the propensity to allow a vacant structure to deteriorate for demolition purposes because of a disagreement with the Carlisle Historical Board regulations. The owner ofsaldproperty is apersistent violator ojthe Building Code dating back to 1993.. Based on the information listed above / am asking that a search warrant be issued for the entire interior and exterior of the structure identified as 37 South Bedford Street, Carlisle PA owned by Robert H. Barrett. PA Rules of Criminal Procedure Rule 3, Law Enforcement officer is any person tvho is by law given the power to enforce the law when acting within the scope ofduat persons employment. 0 = Denotes applicable section in BOCA 1996 Property Maintenance Code. A •..??ncaa Ur PRIVATE CITIZEN DADGE NO. DISTR Sw o and scr' d be this r. day of (Signamre.rtssuins u iry (SEAL) DISTRICT JUSTICE COURT No.QS Or Dale Commission Expires: /- b ab 19ff - OFFICEADDRF.SS: / "T Phone: 'T'YPE NUMBER 7& Exhibit Q `n, nia i . 1-1-l 1 IUN FOR COUNTY OF Cumberland S?'e°?RCH WARRANT Docket Number OWN AND AUTHORIZATION (issuing Authority): Police Incident Warrant Control Number: Borough of Carlisle Number, AFFIAN NAM 53 W. South Street 717-249-4422 ac NcY x13 9`f' rOENTIFYITEA1-A facIdu EqR silence I. SEIZED fee as apepte.e ppeyby/: PH N NUMBER 3 Story brick e residence in its entire DAT 1APPUCAnON property, by 136, located in the door area facing Eas?(interior High StreetaCarllslerPA, enphotograplhs and video will be taken of the numbers surrounded by gold as 136 East High Street, Robert H. Barrett PA Parcel ID # !)3-2 .?-g w"Pealastute!; Code of the Borough of Carlisle, Chapter 183 which adopted the 1996 BOCA Property Maintenance Code DATEIS) OF VIOLATION Warrant A llca1 ' 1 ,4 p Ongoing moA.ppror.IlaPr.aP.r P..N.enp roaavi eel dl,"?nwtfl.NAftO,.ney-,DAFileNo ? LL, Additional Pages Attached (Other than Affidavit of Probable CauseJ? ` _ b ti Z lj 1 ? Probable Cause Affidavit(s) MUST be attached (unless sealed below The below 0 L NUMBER Oam NUMBER t, OF PAGES Is SUM OF ALL APpLICq77 bef PR09A B LE CAUSE AND CO, TTNUA71ON PAGES EVEN IF ANY OF THE PAGES ARE SEALE being dly orn (or aK CA a ore the Issuing Aulhori according ) Total number of pages: cause to believe that certain propeurly isswevitlen a of the fruit of a crime or is contraband or is unlawful!y possessed or is otherwise subject to seizure, and Is located at the particular premises or in the possession of the path ar person as described above. nd says that there is probable M. •d 1)4A a , /0 me SEARCH WARRAN s `? (SEAL) ? WHEREAS, farts have ve been sworn b me cc: TO LAW ENFORCEMENT which I have found probable cause, I to do or affirmed authorize ou ore to search the premises or person described, and to G by written aKtlavit(s) attached hereto from OFF[ R- seize, secure, inventory and make return according to the z Q Pennsylvania RUles of criminal Procedure. s This Warrant shall be served as soon as practicable and shall be served only y between the hours of 6AM to TOPM but in no event later than:• 0 ? This Warrant sh aM, oserved'clock as soon as practicable and may be served any time during the day or Z night but in no event later than: •• j ??_ 19 "fieI/tAeissuin issuing aufhohl should specify a date not iaterthan two H authony End H and ors eanigh (2) days after issuance. Pa.R.Com,P. 2008(d) s s reasonable fcaeunsethis bloc nime warra nt , P o theta sis lorissuin EDe checked. nigh hec warrant an the oa oladdifional reason a cause set forth in the accompanying amtlavit(s) By 200E(g). sued uncle y an Is ! r O at .t C' M. o'clock, on nature ofl ui horit D - /^ 3 • ?a? U (SEAL) Title of Issuing Authori : Mag• fist or?Mdicia1 oast. No. Oats Commission Expires: a istrict Justice 0 Common Pleas Judge For good cause stafed in the affldavitsil the search Warrant Affidavit(s) are s o by my certi/icationandsignature. (Pa.R.Crim.P.2p??) ealed for t" days co F Signature of Issuing Authorit Pc nDA.Ir.s.se Y (Judge of the Courtof Common Pleas or Appellate Court Justice or ell. (Date) (SEAL) 7?r 1r1 • 1-1? r AFFIDAVIT OF PROBABLE CAUSE t-oMPLAINTNUMBER YEAR TYPE NUMBER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Complaint Numbers if Other Participants INCiDENTNUMBER UCR NO. OTN COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Borough of Carlisle VS. NAME Robert H. Barrett AND ADDRESS Michael Landis of Borough of Carlisle being duly sworn (or affirmed) before me, according to law, deposes and says that there is probable cause to believe that: PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CURCUMSTANCES: The property is an occupiedproperty. Water service records located at the Borough of Carlisle (Pater Department indicate that water service is available at the residence. Michael Landis and Stephen IValler visually inspected the property on June 10 & 15 1999. The visual inspections determined that there are structural violations associated with the rear canopy, which has a large hole in roof. The size and nature of the hole in the roof of the canopy could have damaged the supporting members. The rear balcony has no guardrail surrounding the secondJloor balcony. We could not determine if the door located at the balcony restricted access to this balcony. The roofcoverings being utilized on the structure are not an approved method by the building code. Thus, the method being utilized could permit access of rain or dampness to the interior structure, which may cause deterioration and decay. The deterioration of the interior could result in a collapse and also damage of the attachedproperty. The owner ofsaid property is a persistent violator of the Building Code dating back to 1993. Based on the information listed above, 1 am asking that a search warrant be issued for the entire interior and exterior of the structure identified as 136 East High Street, Carlisle PA owned by Robert H. Barrett PA Rules of Criminal Procedure Rule 3, Law Enforcement officer is any person who is by law given the power to enforce the law when acting within the scope ofthat persons employment. 0 = Denotes applicable section in BOCA 1996 Property Maintenance Code. IL OF PRIVATE CITIZEN 7 o jsu rib b e this / S day of C.c (SEAL) (Signature of srl5ui?jng Authorit DISTRICT JUSTICE COURT NO. OFFICE ADDRESS: /? l C f3/L UO ?' 3 Date Commission Expires: Phone: Cx.JJ 7q. Exhibit R ?b /"1 Commonwealth of Pennsylvania APPLICATION FOR S^NRCH WARRANT COUNTY OF Cumberland AND AUTHORIZATION Docket Number Police Incident Warrant Control (Issuing Authority): Number: Number. Borough of Carlisle 53 W. South Street 717-249-4422 8'31 /99 AFFIAN7NAME AG NCY PHONE NUMBER DAi APPUCATIN IDENTIFY ITEMS TO DE SEARCHED FOR AND SEIZED (So as apeoac as Posvblop 2 story white aluminum sided residence in its entirety (interior and exterior), identified by black numbers as 29 , located in the door area facing South East Street, Carlisle PA. Photographs and video will be taken of the property. SPECIFIC DESCRIPTION OF PREMISES ANOIOR PERSON TO aE SEARCHED Islreerandf. Apr. Art, Vartmy, sort DePovrrl0a, etc): 29 South East Street, Carlisle PA Parcel ID # 03-21-0318-043 NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TOBESEARCHEDIllpmper m o,s nano". give alias anaw dascnpon): Robert H. Barrett VIOLATION OF (Doscnbe Mrqud or speofy stature): OATEIS) OF VIOLATION: Code of the Borough of Carlisle, Chapter 183 which adopted the 1996 BO CA Ongoing Property Maintenance Code Warrant Application Approved by District Attorney- DA File No.- _ _ht y'1 _ 67? c? 75 /•7 (H DAa mval a bW P R C pp r pu pa a. . om.P. 2002A wkh assignM Fils Mo. par Pa.R.Com.P.107) ? Additional Pages Attached (Other than Affidavit of Probable Cause) ? Probable Cause Affidavit(s) MUST be attached (unless sealed below) Total number of pages:_ OTAL NUMBER OF PAGE513 SUM O. ALL APPLICATION. PROBABLE CAUSE AND CONTINUATION PAGES EVEN IF ANY OF THE PAGES ARE SEALED The below named Arrant, being duly sworn (or affirmed) before the Issuing Authorit accordi t l y ng o aw, deposes and says that there is probable cause to believe that certain property is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is otherwise subject to seizure, and is located at the particular premises or in the possession of the particular person as described above. signature ofAKl nt Agency or Address ifpnVale Amant Bedge Number ftorn nd subs ritfed b o 6 this day of ! 19C! . Mag. Dist. No. C - ?^e ? S -7 Ignafure oflssuing Authority Office Address EQi Lh/Q KKK SEARCH WARRANT WHEREAS, fads have been sworn to or atrinned befdre m car tten affdavit(s) attached hereto from hi h I h TO LAW = c ENFORCEMENT w ave found probable cause, I do authorize you to search the premises or person described and to 5 , OFFICER: - seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure. Q Is Warrant shall be served as soon as practicable and shall be served only between the hours of 6AM to 1GPM but in no event later than:' L7 ? This uWarrant shall be served as soon as racticable and may be served any time during the day or night but In no event later than: " ' ?I- r Z !5 clock - M, o a 19? ' ' The issuing au only should specify a date not later than two (2) days aherissuance. Pa.R.Com.P, 2005(d). "Ifthe}ssdmg auth nfy, finds reasonable cause forissuin a nighttime wamdnf on the basis ofadditional masonabf ause set forth in the accompanying affidavit(s) ?nd fishes (o is eanighttime .MSen•Th) oc n /l be cnecked Pa R Cnm P 2006( ) w . . . . . g . ( y 3 Issued u r my ha his y ' 19 at - rS M, o'clock. m O ?-3-aooU (SEAL) w Ignafure ollssuing Aufhonty ag. Dist. or Judicial Dist. No. Date Commission Expires: ? Title of Issuing Authority: ?rict Justice ? Common Pleas Jud e ? 0 g For good cause stated in the affidavits(s) the Search Warrant Affidavit(s) are sealed for days w m by my certification and signature. (Pa.R.Crim.P.2011) Signature of Issuing Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge). (Date) (SEAL) AOPO atOMl I.5.9e V I AFFIDAVIT OF PROBABLE CAUSE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NAME AND ADDRESS Michael Landis of Borough of Carlisle UCR NO. OTN NUMBER . COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Borough of Carlisle VS. Robert H. Barrett being duly swom (or affirmed) before me, according to law, deposes and says that there is probable cause to believe that: PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CURCUMSTANCES: The property is an occupied property. Water service records located at the Borough of Carlisle Water Department indicate that water service is available at the residence. Michael Landis and Stephen Waller visually inspected the property on June 10 & 15 1999. The visual inspections determined that there is a broken window located on the second floor of the residence. The window is covered with what would appear to be a piece of plywood. This plywood may still allow rainwater and dampness to the interior of the structure. Thus, deteriorating the interior areas of the structure. The rear balcony does not have a guardrail surrounding it. This could present a danger of falling off the balcony. The door accessing the balcony could not be confirmed as restricting access to the balcony. The owner of said property is a persistent violator of the Building Code dating back to 1993. Based on the information listed above, 1 am asking that a search warrant be issued for the entire interior and exterior of the structure identified as 29 South East Street, Carlisle PA owned by Robert H. Barrett. PA Rules of Criminal Procedure Rule 3, Law Enforcement officer is any person who is by law given the power to enforce the law when acting within the scope ofthat persons employment. $wom'?cd b vibe efor rttc fl o? day of?c o? 19 ? (SEAL) (Siadatute Issui g Authority) DISTRICT JUSTICE COURTNO.0 pr -Q l OFFICE ADDRESS: ed-G,---( Date Commission Expires: /- 3 -C;l o. 00 Phone: ?J -71)- wMPLAINTNUMBER YEAR 1 rPE Complaint Numbers if Other Participants INCIDENT NUMBER P. 0 = Denotes applicable section in BOCA 1996 Property Maintenance Code. :; ?. ,, C) n? } ? b i-? ? ..._ CL _ (-?t-' '. .1 J C;?_ c? .n 1 J 4. ?:? W ti u = : ,^ i- am U c .' i U u ?? h S W Oo _ 1rs.- .. . --J i Z 339 ?64 [,53 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intamatinnal Mail /gm mi-r { i v c a° 0 0 m M li a Sent to -- - - -- Street & Number 53 W. South St. Post Office, state. 8 ZIP Cod Car1j--jja. e 1A 1701-4 Postage vC Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom d Dale Delivered Reeun Receipt Showing to Whom, Dale. & Addressee's Address TOTAL Postage 8 Fees I s Postmark or Date j 2 // 'f/ 9 9 -. 1 c } 'i i. r f t r. 1 t. A i r i ( i it 1 I f (' r i St ..,...,. .. - Ialsowl5ssrvlce:(lo an . following mU extra tee): 1 . tesun 1• Addtessade'peld ery? •, SENDER: tandror z for apdrsor4 N'• roanwowwo ? •rproptata eatM34a4b.on ?ryol NbN?w dpq not 2•?R05tdoc S'rl or CA t. b"k U yma µs ma maWe''", ?t?r dro nu a"'a`, consult posunasrer for tee. 1 w or d dam a ffOrd •pa Math rtdL as•7r RarNasta?hs w?•deLvarad W4 Cle Nuts 4 • i iwdte 18MM eatw•N 48. ?. I • ad oCeru ad q 4 : V 3. ptUcle Addressed to: 4b. Service Type . ' h of Carlisle C3 Registered Insured M g ; 53rW 9south?A 17013 rasa ReceptlottAercbhand?• COD otDetivery ' Carlisle, Date Addressee s Ad rasa (Only f toques and tee Is Pefd) I q9- ?>o? 1 t• •.? 1 8. Received B T. (print Name) or ant) Receipt Ftetum 6. sign ad 00 or ent) 1029 PS Form 3611. Deoember 1994 i - ? i t I ' i 1 i 1( I I I UNITED STATES POSTAL SERVICE I r i P~ & Fan P NO. 4.10 Pdd i I ?I I? I SG Prothonotary's Office Cumberland County Courthouse One courthouse Square Carlisle, PA 17013 i I q I i ?i I 1 I ?a I i I I • Print your name, address, and ZIP Code in this box • t,rrmrrrmrrlllrnrrn,,rn,rrnririrrrirrnri„iri??rrlm Robert H. Barrett VS. Borough of Carlisle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99_7461 CIVIL Term WRIT OF CERTIORARI I COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) TO: Borough of Carlisle We, being willing for certain reasons, to have certified a certain action between Robert H Barrett vs, Borough of Carli-OP pending before you, do coTmand you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Common Pleas at Carlisle, within 20 days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Ccr=nwealth. WITNESS, the Honorable George E. Hoffer our said Court, at Carlisle, Pa., the 13th day of December 1999 0 Prd honotary $ 3, a a ROBERT H. BARRETT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE Defendant NO. 99-7461 CIVIL TERM MOTION TO QUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES AND NOW, COMES THE BOROUGH OF CARLISLE, by and through its Solicitor, Edward L. Schorpp, Esq., and requests the following relief in this matter: MOTION TO QUASH FOR LACK OF JURISDICTION Robert H. Barrett (herein, Barrett) has initiated this action to purportedly appeal four orders issued by the code department of the Borough of Carlisle (herein, the Borough) under date of October 26, 1999, which orders condemned four of his properties under the Borough's Property Maintenance Code; the orders are attached to his "Local Agency Law Appeal" as Exhibits "A" through "D," inclusive.' 2. The appeal of orders and determinations of Borough code officials is governed generally by Chapter Five (5) [Appeals, Board of] of the Code of the Borough of Carlisle, and specifically by Section 5.7 which states: Any person aggrieved by a decision of any borough official or body who or which is responsible for the enforcement of the codes and ordinances which are the subject of this chapter shall file a written notice of appeal with the Board of Appeals within ten (10) 'The orders concern properties at 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. All of these properties are the subject of an equity action brought by the Borough against Barrett, at No. 98-4145 Equity Term, in which the Borough seeks, inter cilia, the appointment of an agent to manage all properties owned by Barrett in the Borough. The Court is expected to order a default judgment in favor of the Borough, the appointment of an agent, and other relief in that action (See Order dated November 22, 1999). Y? days alter the rendering of such decision.- 3. Appeals concerning the Borough's Property Maintenance Code are specifically included in the jurisdiction of the Board of Appeals and are therefore governed by the procedures set forth in Chapter 5 of the Code.' 4. The Board of Appeals is the local agency ordained by the Borough to hear appeals of Borough determinations and to hold hearings under the Pennsylvania Local Agency Law, 2 Pa. C. S. § 101, el. seq. 5. Barrett did not file a written appeal to the Board of Appeals within ten days after the rendering of the condemnation orders, and, in fact, made no appeal whatsoever until he filed the within action in Cumberland County Court on December 13, 1999.° 6. Barrett has previously litigated a condemnation order issued by the Borough concerning his property at 25 North Bedford Street. In those proceedings, he did timely and properly appeal the order to the Board of Appeals.' 7. Barrett's appeal to this Court violates the procedures mandated by Borough Ordinance and the Pennsylvania Local Agency Law. 8. Barrett has no legally recognizable excuse for his failure to timely and properly 'A copy of Chapter Five (5) of this Code is attached to this motion. The court is required to take judicial notice of the ordinances of municipal corporations. 42 Pa. C. S. § 6107. 'See footnote No. 2 to Section 5.1 [Creation and purpose] of Chapter Five (5) of the Code of the Borough of Carlisle. 'it is anticipated that Barrett will claim that because he was incarcerated at the time the condemnation orders were issued, lie should be excused from compliance with the ten day appeal period. Without addressing the legal merits of such a claim, the Borough notes that Barrett was released from his commitment on November 22, 1999 (see Order of that date at No. 98-4145 Equity Term) and thus, factually, he still waited 21 days beyond his release to file his appeal. The orders were served upon him in one certified mailing as evidenced by the return receipt signed by a prison official on October 28, 1999. (See the return receipt attached to the certified record filed in this case). 'In those proceedings, the condemnation order was upheld by the Board of Appeals. This Court affirmed the Board's decision at Nos.94-2346 & 94-2967 Civil Term, and his appeal to the Common%walth Court was dismissed at Pa. Commw. ,(208, 209 C.D. 1995, March 31,1995). { comply with the appeal procedures. 9• As Barrett failed to perfect his appeal within ten days, this Court may not now transfer it to the Carlisle Board of Appeals. 10. This Court lacks jurisdiction over this matter and the appeal must be quashed. MOTION TO QUASH BECAUSE OF IMPROPER SERVICE H. The averments ofparagraphs 1 through 10, inclusive, of this motion are incorporated herein by reference as if fully set forth. 12. Barrett's "Local Agency Law Appeal" document constitutes original process, as there were no local agency proceedings. 13. Pa. R. C. P. No. 400(a) requires that original process be served only by the Sheriff. 14. Barrett improperly served the Borough by certified mail. 15. Barrett's appeal must be quashed because of the impropriety of service. MOTION TO QUASH FOR MOOTNESS { 16. The averments of paragraphs I through 10, inclusive, of this motion are incorporated herein by reference as if fully set forth. d ,c 17. In response to this Court's Sanctions Order of November 22, 1998, filed to an equity action brought by the Borough at No.98-4145 Equity Term (herein, the Equity Action), the Borough has moved to request various equitable remedies to include, inter alia, placing exclusive possession and control of Barrett's properties in an agent in order to bring them up to 4 code standards.6 ' 18. In the event this Court grants that relief, Barrett's claims in this action will be r ; moot, as the properties will be rehabilitated and the condemnation orders rescinded prior to return of possession to him. 4 19. Barrett's appeal must be quashed for reasons of mootness. 6A hearing on the Borough's motion has been scheduled for December 30, 1999. { y MOTION FOR AWARD OF ATTORNEYS FEES 20. The averments of paragraphs 1 through 10, inclusive, of this motion are incorporated herein by reference as if fully set forth. 21. In the Opinion supporting the Sanctions Order of November 22, 1999 entered in the Equity Action, this Court made the following observations concerning Barrett's conduct: ... [I]t is obvious that defendant's stubbornness is significantly delaying litigation of this case. . . (Opinion, p. 9). . [71he nature and severity of his conduct has been egregious. He has completely failed to comply with the order for no legitimate reason. That failure has been willful, in bad faith, and has continued despite defendant's imprisonment for civil contempt since October 13, 1999. Defendant's bad faith is further evidenced by his filing two interlocutory appeals in the Commonwealth Court and two frivolous notices of removal to the United States District Court. (Opinion, p. 10). The imprisonment of defendant for civil contempt has not altered his stubborn refusal to continue his delaying tactics in bringing this case to trial. (Opinion, p. 13). 22. Barrett's filing of the within action, with full knowledge of its impropriety, is further example of the conduct for which he was chastised by this Court in the Equity Action. 23. Barrett's conduct in this matter is dilatory, obdurate and vexatious. 24. Clause (7) of Section 2503 of the Pennsylvania Judicial Code, 42 Pa. C. S. § 2503(7) provides for a party's entitlement to reasonable counsel fees as a sanction against any participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. 25. The Borough is entitled to an award of its counsel fees in this matter. WHEREFORE, the Borough respectfully requests that the within appeal be quashed and that it be awarded its counsel fees. Respectfully submitted, Edward L. Schorpp, Es . Solicitor, Borough of Carlisle 127 West High Street Carlisle, PA 17013 (717)243-9258 y 71 n ROBERT 11. BARRETT Plaintiff V. BOROUGII0F CARLISLE Defendant IN TIfE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document, Motion to Quash, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Robert H. Barrett 134 East High Street Carlisle, PA 17013 By: Edward L. Schorpp, squire Dated: GLCC..?o? /9l9' S 8• APPEALS, BOARD OF Chapter 5 APPEALS, BOARD OF § 5-1. Creation and purpose. § 5.2. Powell and duties. § 5.3. Membership. § 54. Alternate members. § 5-5. Officers. § 5.6. Disqualification from voting. § 5.7. Appeals and fees. § 5.8. Notice of meetings. § 5.9. Conduct of meetings. § 5-10. Adjourned meetings. § 5-11. Voting. § 5-12. Resolutions; riling of copies. § 5-13. Savings clause. [HISTORY: Adopted by the Borough Council of the Borough of Carlisle 3-10-83 as Ord. No. 1420, approved 3.10-83. Section 5.1 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Fen - See Ch. 120. 501 § 5-1 CARLISLE CODE § 54 § 5-1. Creation and purpose.' In order to determine the suitability of alternate materials and methods of construction and provide a reasonable interpretation of the Building, Housing, Plumbing, Electrical and Fire Prevention Codes, the Shade Tree Ordinance and the Curb and Sidewalk Ordinance= there is hereby created a Board of Appeals consisting of three (3) members who are qualified by experience or training to pass upon matters pertaining to the codes and ordinances mentioned. § 5-2. Powers and duties. The Board of Appeals shall have all the powers and duties with regard to appellate review of decisions as such power of review has heretofore been conferred upon the Building Code Board of Appeals, the Housing Board, the Plumbers Board, the Curb and Sidewalk Ordinance Board of Appeals and the Shade Tree Commission. The Board of Appeals shall adopt and make available to participants in proceedings before it guidelines and standards to be used in formulating and rendering decisions. § 5-3. Membership. The Board of Appeals shall consist of three (3) members appointed by Borough Council, and appointments shall be as follows: one (1) member to be appointed for five (5) years, one (1) for four (4) years and one (1) for three (3) years, and thereafter each new member shall serve for five (5) years or until a successor has been appointed. § 54. Alternate members. During the absence of a member, the appointing officer shall designate a qualified substitute. The appointing officer shall appoint alternate members, who may sit on the Board of Appeals in the absence of any regular members. Such alternate members shall meet the same qualifications as required for regular members of the Board ' Editery Note. Amended at time of adoption of Code, see Ch. 1, General ProvWom, Art. 1. = Mice, Now. See Ch. 89, Building Corutruetlon; Ch. 183, Property Maintenance; Ch. 175. Plumbing; Vh. 119, Electrical Slandardx Ch. 127. Fire Prevention: Ch. 299. Tt and Ch. 223, alreele and Bidewalka, Art. V. 502 %De l APPEALS, BOARD OF § 5-8 § 6.4 and, while sitting on the Board, shall have full power and authority as a regular member. $ 5.5. Officers. The Board shall select one of its members to serve as Chairperson, and the appointing official shall dthe Booarda whclerk from the o hall keep P. municipality to serve as Secretary to detailed record of all proceedings on file with the Code Administra- tion office of the borough. i 5.6. Disqualification from voting. A member of the Board shall not pass on any question in which that member is engaged as contractor or material dealer or in which the Board member has any personal interest § 5_7, Appeals and fees. A. Any person aggrieved by a decision of any borough official or body who or which is responsible for the enforcement of the codes and ordinances which are the subject of this chapter shall file a written notice of appeal with the Board of Appeals within ten (10) days after the rendering of such decision. B. A filing fee as set forth in Chapter 120, Fees, and as may be from time to time amended, shall accompany such roved 2f appeal. [Amended 2-14-85 by Ord. No. 1470, app 14-85; 10-9-86 by Ord. No. 1515, approved 10-9.861 3 5.8. Notice of meetings. The Board shall meet upon written notice of the Chairman given to the the appellant and the at Board stated Periodic meeting if warranted by the filing of an appeal or volume of work. 503 =s I ? , q1. '-) n § 5.9 CARLISLE CODE § 5-13 15-9. Conduct of meetings. All hearings shall be public. The appellant, the appellant's representative, the relevant borough official and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard. § 5.10. Adjourned meetings. When three (3) qualified members are not present to consider a specific appeal, either the appellant, the enforcing official or their representative may request a postponement of the hearing. 15-11. Voting. The Board shall affirm, modify or reverse the decision of the enforcing official by a concurring vote of a majority. § 5-12. Resolutions; filing of copies. Every action of the Board shall be by resolution, and certified copies shall be furnished to the appellant within fifteen (15) days of the decision. A copy shall also be provided to the Code Administration Office of the borough. § 5.13. Savings clause. Nothing in this chapter shall be construed to affect any suit or proceedings now pending in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this chapter. 504 /cz ' F ?• r? ' c: ? , .. u,. cr !-' - - ?. i r. - ,;; . ?_:: '- u f:? ? G <? U •? ??i ouk ROBERT H. BARRETT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE Defendant NO. 99-7461 CIVIL TERM CERTIF11CeTION OF RFCogp NOW COMES, THE BOROUGH OF CARLISLE, by and through its Solicitor, Edward L. Schorpp, Esq., and certifies the following record in this matter: t • Four (4) condemnation orders issued to plaintiff by the Borough of Carlisle, which orders are dated October 26, 1999, and concern four properties owned by him at 29 South East Street, 35 South Bedford Street, 37 South Bedford Street and 136 East High Street in the Borough of Carlisle, Pennsylvania. Those orders are attached to plaintiff's "Local Agency Law Appeal" as Exhibits "A" through "D", inclusive, and duplicates are attached hereto.' 2. Return receipt card for certified mailing (one package) of the condemnation orders, indicating receipt by a Cumberland County prison official on October 28, 1999. Respectfully submitted, Date:L+ieC: ??..? /999 Edward L. Schorpp, Esq. Solicitor, Borough of Carlisle 127 West High Street Carlisle, PA 17013 (717) 243-9258 Plaintiff has failed to follow the applicable procedure for challenging these orders before the local agency, and therefore there is no record of any agency proceedings to certify. See the Motion to Quash Appeal filed concurrently herewith by the Borough of Carlisle. q3. /IN ROBERT H. BARRETT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE Defendant NO. 99-7461 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document, Certification of Record, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Robert H. Barrett 134 East High Street Carlisle, PA 17013 Dated: /o?- -;Zv?-95 By: ??irsl Edward L. Sch rpp, Esquire F4. 1. r-, BOROUGH OF CARLISLE "Committed To Excellence Di Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert 1-I. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 29 South East St. As a result of the inspection of the property at 29 South East Street on September 2, 1999 the following property maintenance violations were found that affect safety and require immediate repair: 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." The second floor porch on the south side has deteriorated and rotted decking and structural framing. Repair porch. 2 PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." The secondfloor porch rail is missing. The exterior porch railing on the north side of the porch is missing and a section of the existing railing on the front is loose. There is no hand railing for the rear wood steps to the wood deck. Install rails and handrails. 3. Pivi-605.1 "Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Cover inissingfrom electric service panel. Electric modifications trade. Electrical inspection by electrical inspection agency must be petforttned on service panel and wiring. Pitt cover on set-vice panel. In addition to the safety issues above, there following code issues must also be addressed: 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." No handrail in attic stainvay. Install handrail. 53 West South Street, Carlisle, PA 17013 ?? Tel. (717) 249.4422; FAX (717) 249-5587 2. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatclnvay. 3. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the sofrat and fascia of building and balcony. Make repairs to soJfitl and fascia. 4. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Second floor ceiling is water damaged firom roof leak. Repair roof. 5. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Stair tread missing at bollo»t of basement stairs. Repair stairway. 6. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected." Ceiling material removed front floor ceiling assembly in roam new to kitchen. Install ceiling material. Cracked plaster in hallway ceiling offirst floor. Repair ceiling. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Attic windows are in disrepair. Repair/replace ivindows. Based on the items listed above, this structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code. for which, upon conviction thereof, you may be subject to a fine of not less than S50 nor more than S 1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no pemtit for any reconstruction, exterior alteration, restoration, demolition or razing of a e1 lonl? building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be borne by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by of Carlisle within such time period. A y the Code Enforcement Department of tile Borough Enforcement Office at 53 West South Str peal eet,aCarlisle Pennsylvanaa117013e Borough's Code This Order does not supersede, modify or in any way invalidate any prior Notices, Orders proceedings involving referenced premises. or Sincerely, 1'4a?)_tA - Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 29seacon r BOROUGH OF CARLISLE "Committed To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 35 South Bedford St. As a result of our inspection of the property at 35 South Bedford Street on August 30, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." Erterior stainvay to balcony is deteriorated. Replace stairway. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Hmtdraillgitardrail of second floor side porch is in disrepair. Repair same. No handrail in basement stairway. Install handrail. 3. PM-305.2 "Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafter is broken. Replace broker[ rafter. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 5. PNI-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large boles in the sofjitt of the front of the building allowing pigeons to roost in soflitt of building. Clean up soffit area and stake repairs to soffttt. 53 West South Street, Carlisle, PA 17013 7Y • To]. (717) 249-4422; PAX (717) 249.5587 V::_ have defects that admit rain...... roof. Second floor ceiling water damaged front roof leak. Repair 7. PM-303.7 "Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair." Accessory structure has collapsed roof. Repair roof and structure. 8. PM-605.1 "Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Heat tape installed in downspout with exposed wires on ground, plugged into exterior outlet that is not ground fault protected. Replace heat tape and install ground fault outlet in exterior outlet box. 9. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in unoccupied space ivith active electrical service. Outlet added in baseboard of ivest ivall of second floor bedroom and other electrical modifications throughout structure. No electrical inspection was performed to verify integrity of installation. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than S 1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255.125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the ?t' r PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not ? i Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be bome by the building's owner, For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, QA. Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 35bedcon /On. t" BOROUGH OF CARLISLE "Committed To Excellence In Contntunity Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 37 South Bedford St. As a result of our inspection of the property at 37 South Bedford Street on August 31, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. " Exterior side balcony a» d front porches are deteriorated. Repair balcony and porches. 2. Pivf-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floor front porch and side balcony are missing. Install guardrails. 3. Pivi-305.2 "Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafters and floor/ceiling joists are deteriorated in concrete block addition. Replace rafters and joists that are deteriorated in this addition. Wooden support beans at basement stainvay is not in contact with floor joists above it. Provide continuous support of the joists resting on this beans. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 5. P\I-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the soffttt of the front of the building and porch ceilings 53 ",Vest South Street, Carlisle, PA 17013 161. Tel. (717) 2194422; FAX (717) 249.5587 r allowing pigeons to roost in ceilings and soffits of building. Clean up these areas and make repairs to porch ceilings and soffitt. 6. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Large holes in roof of one story concrete block addition. Replace roof sheathing and roof.. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Window frame of bathroom of concrete block addition is deteriorated and needs replaced. Kitchen window of second floor rear is in disrepair. Repair/replace window. 8. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Broken stair tread on basement stairs. Repair stair tread. 9. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected." Find and repair cause of flaking paint. Repair/paint interior wall and ceiling surfaces. No ceiling in entranceway. Install suitable ceiling material in entranceway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function." Heating systent inust be maintained in accordance with the 19961CC International Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in vacant structure with active electrical service. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive or unsafe nuisance. If this structure is not closed up within 2 (two) days the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council / Z . .'1 rti. issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be bome by the building's owner. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 37bedcon /63 r BOROUGH OF CARLISLE "Cmnmitled To Excellence bi Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 136 East High St. As a result of our inspection of the property at 136 East High Street on September 1, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floor rear porch are missing. Install guardrails. . 2. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes ill the roof over the rear patio. Replace roof over patio. Large (toles inn the building soffitt. Repair building soffitt. 3. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. ....." Holes in roofs. Replace deteriorated roof sheathing and deteriorated roofing. Rain gutters and downspouts in disrepair. Repair gutters and downspouts to prohibit water damage to exterior and interior surfaces. 4. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Basement ivindows missing. Install windows in basement window openings. 5. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected." Cracked and loose plaster throughout interior. Repair/paint interior wall and ceiling surfaces. r?•rt {i k? E 53 West South Street, Carlisle, PA 17013 (0 Tel. (717) 249.4422; FXX (717) 249.5587 6. PM-304.6 "Exterior walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration." Joints in exterior brickwork and stonework are deteriorated from water damage. Repair damaged exterior masonry surfaces. 7. PM-304.5 "Foundation walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as toprevent the entry of rats." Mortar joints in foundation wall are deteriorated from water damage. Repair ivall to correct damage. 8. PM-304.12 "Chimneys and towers: All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair....." Chimneys are in disrepair. Repair chinmeys. 9. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function." Heating system must be maintained in accordance with the 1996ICC International Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in structure with active electrical service. Electrical switch not installed in switch box, protruding from wall with exposed contacts. Install switch in stvitdr box. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the pennit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terns of this notice shall constitute a violation of this code, for which, Uj? . e *\ I upon conviction thereof, you maybe subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be borne by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, Y Michael I-1. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 136hicon /O? SENDER: •Complats Items 1 ardW 2lor additional services. I also wish to receive the a •Complete hem. 3,4a, and 4b. following services (for an u >-° name and address on the nt"m of this tam so lalvn can return W s :cePrirtl m to your you extra }e0): { . :Attach this form to the front of the mall0m. or on the batlchpaco don not i 1. ? Addressee's Address Z m aW Perm t. Racelpf Requoaled-on the mahpleoe below the etude nurber. 2.13 Restricted Delivery p fA .9 The Return Receipt will stow to whom ew article was Oauvand aM the data o delivered. Consult postrnaster for fee. $ 3. Article Addressed to: 4a. Article Nurnbor a JQIt/? E I & I &I :L_ 0/3 374 a'f/ E . . -. ? J jl . CO n L-Y0 Cut),IaAddnd r'p-L- PL 4b. Sorties Type ?Registered *Certifled o 92 : l 0 Ex resa a./ail n Insured e ( ? 110/ Udh_gm MC ? Return Receipt for Mardlandse 0 COD CFvQ? / Y11 / l613 7•Date o} Delivery / 01cglq I- 5. Received By: (Print 7--)E-7-It I B. Address 45 and lee Is paid) 6. Signature: (Addressee or Agent) r X ril"l" n PS Form 3811. December 18134 IM59597.9.0175 Z 013 374 241 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nor usn fnr Inimmnnnn.i unit tom Sontto olalnt / --- 0/0 l . Stree1&N?"?°r / ? (\ I r' 0 l Cl P t office, State, 6 LP oda r A •o.Qi ?A /'/0/ 3 Postage S I Cor rad Fro Spa' Delivery Fee , d ed Oesvery Fo ? N ' ? t le o I •ioLa + ' S G so g orDato; 0 LL rn a /a M ?- ?- :•1 .. .. f?f 1:.' l •? LL. ?. C.' (.,' U 1', 1 \:l C ROBERT H. BARRETT Plaintiff V. BOROUGH OF CARLISLE Defendant 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 CIVIL TERM ORDER OF COURT nnJJ AND NOW, this -Z?-Day of rule is hereby issue on the Plaintiff to show cause why the within appeal should not be quashed and Defendant be awarded its attorneys fees in this ? t er.A ^" S Rule returnable aae a2atme'tnLbe held the, urn, PrtnirnnrePS7a„- -rY,,,.;saria?// .??. Robert H. Barrett, pro se 134 East High Street Carlisle, PA 17013 Edward L. Schorpp, Esq. For Defendant C44A &f 'J? 16y, L ?a- a7-99' 'r?K 5 k U. C? ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?9-fl/ C?tlc?! 1111 LOCAL AGENCY LAW APPEAL RETURN OF SERVICE Document served: Local Agency Law Appeal Date served: 29th day of December, 1999 Time served: 1:00 PM hours, Name of person served: Catherine Beam, Receptionist Served on behalf of. the Borough of Carlisle Place of service: 53 West South Street. Carlisle, Pennsylvania Method of service: In person. I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 12/29/99 ? -? R4 ?N (Signature) l 0q, Li •. f r. r?/ ROBERT H. BARRETT V 'V IN THE COURT OF COMMON PLEAS OF U';A .pel14nt, :•;" CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE, I NO. q q _ 74J W C,,--e T-e ? Appellee LOCAL AGENCY LAW APPEAL 1999• LOCAL AGENCY LAW APPEAL AND NOW, comes Robert H. Barrett, a pro se litigant,'and files this Local Agency Law Appeal and, in support thereof, asserts the following: 1. Appellant, Robert H. Barrett (herein, "Barrett'), is an adult resident of Cumberland County, Pennsylvania, residing at 136 East High Street, Carlisle. 2. Appellee, the Borough of Carlisle (herein, "the Borough' ), is a subdivision of the Commonwealth of Pennsylvania. 3. Barrett is the owner of real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being parcels of real estate designated 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. 4. The property at 136 East High Street is Barrett's personal residence. 5. On October 26, 1999, the Borough issued condemnation orders against the four '4) properties listed above as unfit for human occupancy. (Copies of the condemnation )rders are attached as Exhibits A, B, C, and D.) 6. Barrett believes and, therefore, avers that his properties does not warrant ondemnation under the Carlisle Property Maintenance Code for the following reasons: A. None of the four (4) properties is an unsafe structure where partial or )mplete collapse is likely; / / D- B. None of the four (4) properties is unsanitary, vermin or rat infested. A 4 1 1 r, DEC 10 1999 ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 4999-- LOCAL AGENCY LAW APPEAL LOCAL AGENCY LAW APPEAL AND NOW, comes Robert H. Barrett, a pro se litigant, and files this Local Agency Law Appeal and, in support thereof, asserts the following: 1. Appellant, Robert H. Barrett (herein, "Barrett"), is an adult resident of Cumberland County, Pennsylvania, residing at 136 East High Street, Carlisle. 2. Appellee, the Borough of Carlisle (herein, "the Borough"), is a subdivision of the Commonwealth of Pennsylvania. 3. Barrett is the owner of real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being parcels of real estate designated 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. 4. The property at 136 East High Street is Barrett's personal residence. 5. On October 26, 1999, the Borough issued condemnation orders against the four (4) properties listed above as unfit for human occupancy. (Copies of the condemnation orders are attached as Exhibits A, B, C, and D.) 6. Barrett believes and, therefore, avers that his properties does not warrant condemnation under the Carlisle Property Maintenance Code for the following reasons: A. None of the four (4) properties is an unsafe structure where partial or complete collapse is likely; //If B. None of the four (4) properties is unsanitary, vermin or rat infested, contains 1 ROBERT H. BARRETT, APPELLANT V. BOROUGH OF CARLISLE, APPELLEE e. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7461 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2000, the motion of the Borough of Carlisle to quash the within appeal, IS GRANTED.' Robert H. Barrett, Pro se 136 East High Street Carlisle, PA 17013 Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle :saa /-/-,/-oo RXs ' Any appeal by Robert H. Barrett of the four orders issued by the Codes Department of the Borough of Carlisle was to the Board of Appeals of the Borough of Carlisle, not this court. The procedure is no different than if a Borough Zoning Officer had issued an order from which an appeal would be to the Zoning Hearing Board of the Borough of Carlisle. It is the decisions of the Board of Appeals or a Zoning Hearing Board that are appealable to a Court of Common Pleas. By the Court, i Edgar B. Bayley, / (A. ., 4i ;; . ,,:,: ? "? • ' ?'- ?`- ? v.SYLIA..? pc, ,? i ?" ,? ,,? ,L A I` ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Robert H. Barrett, Appellant above named, hereby appeals to the Commonwealth Court of Pennsylvania from the order entered in this matter on January 13, 2000 by Judge Edgar B. Bayley of the Common Pleas Court of Cumberland County. This order has been reduced to judgment and entered in the docket as evidenced by the attached copy of the docket entry. In accordance with Pa.R.A.P. 904(c), there has been no testimony in any proceeding in this matter. Dated: February 14, 2000 By: ' Robert H. Barre , Appellant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 113 65 10 Cumberland County Prothonotary's office Y"Nvil Case Inquiry ?. 199.9-074 61 BARRETT ROBERT H (vs) BOROUGH OF CARLISLE Reference No..: Filed........: Case Type.....: APPEAL - MIISSC Time.........: ...... .00 ... Execution Date Judge Assigned: BAYLEY EDGAR B --- -- Jury Trial.... Disposed Desc.: ---- Disosed Date. --- -------- Case Comments - Higher Crt 1.: Higher Crt 2.: Page 12/13/1999 3:10 0/00/0000 0/00/0000 ttorney Info General Index BARRETT ROBERT H APPELLANT PRO SE 136 EAST HIGH STREET CARLISLE PA 17013 CARLISLE BOROUGH OF APPELLEE CARLISLE PA 17013 * Date Entries - - _ - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 12/13/1999 APPEAL-LOCAL- AGENCY LAW _____________________ --------------------------------------------- 12/13/1999 WRIT OF CERTIORARI - ---________________________ --------------------------------------- 12/22/1.999 MOTION TO QUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES------------- ------------------------------------------------------ 12/22/1999 CERTIFICATION OF RECORD _ _ __ __ ___ ____________ --------------------------------------------- 12/27/1999 ORDER OF COURT - DATED 12/22/99 - IN RE MOTION TO QUASH APPEAL AND FOR AWARD OF ATTORNEYS FEES - RULE IS ISSUED ON THE PLAINTIFF RETURNABLE 1.5 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 12/27/99 ------------------------------------------------------------------- 1/10/2000 RETURN OF SERVICE ------------------------------------------------------------------- _ 1/10/2 000 AMENDED COMPLAINT _ _ _ _______ 1/14/2 000 ORDER OF COURT - DATED 1/13/00 - MOTION OF THE BOROUGH OF CARLISLE TO ppUASH THE WITHIN APPEAL IS GRANTED - BY EDGAR B BAYLEY J - COPIES MAILED 1/14/00 _ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - _ _ _ _ _ * Escrow Information ` * Fees & Debits Beg Bal Pmts/Ad End Bal APPEAL MISC 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE -------5-----------5---- ------------ 45.50 45.50 .00 * End of Case Information + I i I ROBERT H.-BARRETT, : IN THE COURT OF COMMON PLEAS OF APPELLANT : CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE, APPELLEE 99_7461 CIVIL TERM ORDER OF COURT AND NOW, this IV-- day of January, 2000, the motion of the Borough of Carlisle to quash the within appeal, IS GRANTED' Robert H. Barrett, Pro se 136 East High Street Carlisle, PA 17013 Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle :saa I ue by he Codes Any appeal by Robert H. Barrett of the four orders iss eadls oftt a Borough of Department of the Borough of Carlisle was to the Board of App Carlisle, not this court. The procedure is no different than if a Borough Zoning Officer had issued an order from which an appeal would be to the Zoning a Hearig Zoning Board of the Borough of Carlisle. It is the decisions of the Board of Appeals Bo Heang Board that are appealable to a Court of Common Pleas. By the court.,., /' i ROBERT H. BARRETT, V. IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA BOROUGH OF CARLISLE, Appellee NO. 99-7461 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) indicated below by United States First Class Mail, with postage prepaid: The Honorable Edgar B. Bayley, Judge Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Edward L. Schorpp, Esq. Solicitor for the Borough of Carlisle 127 West High Street Carlisle, PA 17013 Office of the Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dated: February 14, 2000 By: Robert H. Barrett Appellant, pro se 136East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 /1& ' im ) M I ROBERT H. BARRETT, APPELLANT V. BOROUGH OF CARLISLE, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7461 CIVIL TERM IN RE: OPINION PURSUANT i O PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925(a) Bayley, J., !'larch 1, 2000;-- On October 26, 1999, the Code Department of the Borough of Carlisle, pursuant to Section PM-108.0 of the Borough Property Maintenance Code, condemned four properties in the Borough owned by Robert H. Barrett: 29 South East Street, 35 South Bedford Street, 37 South Bedford Street and 136 East High Street. Each property was condemned because of multiple continuing BOCA Code violations. Each order advised Barrett that he had a right of appeal within ten days to the Board of Appeals of the Borough of Carlisle. Notwithstanding, on December 13, 1999, Barrett filed the within "Local Agency Law Appeal" in this court from four orders of the code enforcement officer. The Borough of Carlisle filed a motion to quash the appeal. An order was entered on January 13, 2000, quashing the appeal, with the following statement: Any appeal by Robert H. Barrett of the four orders issued by the Codes Department of the Borough of Carlisle was to the Board of Appeals of the Borough of Carlisle, not this court. The procedure is no different than if a Borough Zoning Officer had issued an order from which an appeal would 99-7461 CIVILTERM be to the Zoning Hearing Board of the Borough of Carlisle. It is the decisions of the Board of Appeals or a Zoning Hearing Board that are appealable to a Court of Common Pleas. Barrett filed a direct appeal to the Commonwealth Court of Pennsylvania from that order. Chapter 5 Section 5.7 of the Code of the Borough of Carlisle, provides: Any person aggrieved by a decision of any borough official or body who or which is responsible for the enforcement of the code or ordinances which are the subject of this chapter shall file a written notice of appeal with the Board of Appeals within ten (10) days after the rendering of such decision. The Board of Appeals is a local agency ordained by the Borough of Carlisle to hear appeals of Borough determinations and to hold hearings under the Pennsylvania Local Agency Law 2 Pa.C.S. Section 101 et seq. The legislature has provided at 2 Pa.C.S. Section 752: Any person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure.). The definition of "Local agency" at 2 Pa.C.S. Section 101 is "A government agency other than a Commonwealth agency." The Common Pleas Court is vested with jurisdiction of appeals from final orders of local administrative agencies by the Judicial Code at 42 Pa.C.S. Section 933(a)(2). Airo Die Casting, Inc. v. Westmoreland County Board of Assessment Appeals, 706 A.2d 1279 (Pa. Commw. 1998). in the case sub judice, it is a direct appeal from an order of a Local Agency, the Board of Appeals of the Borough of Carlisle, that lies in this court. We have no jurisdiction to hear appeals directly from the four orders issued by the Borough code enforcement officer on October 26, 1999, as that officer is not a Local Agency. -2- / 1 99-7461 CIVIL TERM VQA?. 1 'zOyO (DATE) Edward Schorpp, Esquire For Appellee Robert Barrett, Pro se 136 East High Street Carlisle, PA 17013 :saa ry. I Edgar B. Bayley, J. -Gop4tD) im, J-/-()O OKs -3- /it EIL??-Crfl?c 00 VIAR - i Pii 4: 05 CU. IlKi 'lv CC i PI I P[\NSYLVAN!A Commonwealth Court of Pennsylvania March 3, 2000 RE: Barrett v. Boro of Carlisle No.: 371 CD 2000 Agency Docket Number: 99-7461 Filed Date: February 14, 2000 Notice of Docketing Appeal A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the Court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial reoord. Pa.RA.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. /? If you have special needs, please contact this court in writing as soon as possible. Attorney Name Party Name Party Type Robert H. Barrett Edward L. Schorpp, Esq. Robert H. Barrett Borough of Carlisle Appellant Appellee r /a6- 3'7 C? aooo ROBERT H. BARRETT, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CJ r_.. Zr 1 BOROUGH OF CARLISLE, nrr . ? ''-- Appellee NO. 99-7461 CIVIL TEf?N1=' NOTICE OF APPEAL Notice is hereby given that Robert H. Barrett, Appellant above named, hereby ap'peais to the Commonwealth Court of Pennsylvania from the order entered in this matter on January 13, 2000 by Judge Edgar B. Bayley of the Common Pleas Court of Cumberland County. This order has been reduced to judgment and entered in the docket as evidenced by the attached copy of the docket entry. In accordance with Pa.R.A.P. 904(c), there has been no testimony in any proceeding in this matter. 7'6;-&Zt- 9.-FDated: February 14, 2000 By: Robert H. Barrett Appellant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my bend and the Beat of said Court at ritste,Pa.D Th `is 11?ay rrothonotery /C? /r I, c a I I' ii Wn C7T O O U fl I /°'6s IN THE COMMONWEALTH COURT OF PENNSYLVANIA ROBERT H. BARRETT, Appellant NO. 371 C.D. 2000 qq-q" i BOROUGH OF CARLISLE NO. 423 C.D. 2000 qk_ /,tfw ORDER l ? NOW, March 17, 2000, upon consideration of appellant's application to vacate preliminary injunction issued by the common pleas court in No. 423 C.D. 2000, the application is denied. Upon consideration of appellee's application to vacate stay of an order of the common pleas court in No. 423 C.D. 2000, the application is denied. The Court of Common Pleas of Cumberland County shall certify the record to this Court on or before March 31, 2000. Appellant's brief (15 copies) and reproduced record (8 copies) shall be filed and served on or before April 21, 2000. Appellee's brief (15 copies) shall be filed and served on or before May 8, 2000. The above appeals shall be submitted on briefs without oral argument, unless otherwise ordered. The Chief Clerk shall mail a copy of this order to counsel of record and also to the Prothonotary of the Court of Common Pleas of Cumberland County. S.J. Certified from the Record ?a? MAR 2 0 2000 D. ;n 3 U J .. ac i JAN 0 3 200 ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 Civil Term LOCAL AGENCY LAW APPEAL APPELLANT'S BRIEF IN OPPOSITION TO MOTION TO QUASH AND NOW, comes Appellant, Robert H. Barrett (herein, "Barrett"), a pro se litigant, and requests the Court dismiss Appellee, Borough of Carlisle's (herein, "the Borough") Motion to Quash and Award of Attorney's Fees. In support thereof, Barrett avers the following: 1. Procedural History and Factual Background 1. Barrett is the owner of real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being parcels of real estate designated 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. 2. The property at 136 East High Street is Barren's personal residence. 3. On October 26, 1999, the Borough issued condemnation orders against the four (4) properties listed above as unfit for human occupancy. 4. On November 21, 1999 and December 10, 1999, Barrett filed a Local Agency Law Appeal to vacate the condemnation orders. Barrett initially submitted the appeal on November 21, 1999 while incarcerated in the Cumberland County Prison. The submission was returned to Barrett by the Prothonotary's Office post-marked November 29, 1999. Barrett resubmitted the appeal on December 10, 1999. 5. The Borough has moved to quash the appeal claiming that: a. Barretfs sole avenue of appeal is through the Carlisle Consolidated Board of 1 dry i i i i is --- . Y .1 Appeals and that the Court lacks jurisdiction in this matter; b. the appeal was not properly served; and c. the appeal is moot because the Borough has requested the Court to appoint an agent to manage Barretfs properties. 6. Further, the Borough has moved for award of attorney's fees. it. Questions Presented 1. Is Barrett's sole avenue of appeal through the Carlisle Consolidated Board of Appeals? Proposed answer in the negative. 2. Was the appeal properly served upon the Borough? Proposed answer in the affirmative. 3. Is the appeal moot based on the Court's appointment of an agent to manage Barren's properties? Proposed answer in the negative. III. Argument MOTION TO QUASH FOR LACK OF JURISDICTION 1. 2 Pa.C.S. § 752 provides that: Any person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals ... 2. The present action is an appeal of four condemnation orders issued by the Codes Department of the Borough of Carlisle. 3. The Code of the Borough of Carlisle (herein, "the Borough Code") delegates full i athority for condemnation orders to the Codes Department. 4. Although the Borough Code includes a procedure for appeal of condemnation rders to a Consolidated Board of Appeals, the Borough Code cannot supersede Barretfs fight of appeal to the Court. annot mandate that Barrett avail himself of the . Further, the Borough Code c 5 Borough's appeal procedure. An appeal to the Consolidated Board of Appeals is simply a ess formal avenue of redress if an appellant chooses to avail himself of that procedure. 6. It is unreasonable to expect an objective review of Borough condemnation actions by a Consolidated Board of Appeals appointed by the Borough. 7. Barren's initial appeal to the Court was within the allowed 30 days following the Borough's condemnation orders of October 26, 1999. MOTION TO QUASH BECAUSE OF IMPROPER SERVICE 8. The present action does not constitute original process. The issuance of the four condemnation orders by the Borough was the original action which Barrett is now appealing. 9. Service upon the Borough was made by a process server, who is a competent adult not a party in the action. Barrett will provide the Prothonotary's office with the Return of Service form upon receipt from the process server. MOTION TO QUASH FOR MOOTNESS 10. At the December 30, 1999 hearing in the Borough's action at No. 98-4145 Equity Term, Common Pleas Court of Cumberland County, Judge Bayley declined to appoint a receiver with exclusive possession and control over Barrett's properties. 11. Barrett retains the right to defend his property interests against the abuses of the Borough in administering the Carlisle property maintenance code, including the condemnation orders in the present action. , MOTION FOR AWARD OF ATTORNEY'S FEES 1 ?I i 12. The Court's opinions and actions at No. 98-4145 Equity Term are independent of Barren's right to appeal the condemnation orders of the Borough in the present action. 13. The Borough mistakenly believes Carlisle property owners have no rights and considers any challenge to Borough orders as dilatory, obdurate, and vexatious. WHEREFORE, Appellant, Robert H. Barrett, respectfully requests the Court enter an order dismissing Appellee, Borough of Carlisle's Motion to Quash and Award of Attorney's Fees. Dated: January 03, 2000 By: Robert H. Barrett Appellant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 4 ROBERT H. BARRETT, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7461 Civil Term BOROUGH OF CARLISLE, Appellee LOCAL AGENCY LAW APPEAL VERIFICATION I verify that the statements made in the foregoing Brief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: January 03, 2000 By. Robert H. Barrett Appellant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 'i L.a ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOCAL AGENCY LAW APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) indicated below by United States First Class Mail, with postage prepaid: Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle 127 West High Street Carlisle, PA 17013 Dated: January 03, 2000 By: Robert H. Barrett Defendant, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 IN THE COMMONWEALTH COURT OF PENNSYLVANIA ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE -fly= ';,=, -, No. 371 C.D.2000 "mac: L? SUBMITTED: May 12,200% BEFORE: HONORABLE DORIS A. SMITH, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE WILLIAM J. LEDERER, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE LEDERER FILED: August 4, 2000 The issue presented is whether the Court of Common Pleas of Cumberland County (trial court) erred by holding that it did not have jurisdiction to hear the appeal of Robert H. Barrett (Appellant) from four orders issued by the Code Department of the Borough of Carlisle (Code Department). We hold that by not tiling an appeal with the Board of Appeals of the Borough of Carlisle (Board of -,ppeals), Appellant did not exhaust his administrative remedies. Therefore, the trial court did not have jurisdiction to hear the appeal. Thus, we affirm the order of the trial court. The relevant facts of this case are as follows. On October 26, 1999, the Code Department, pursuant to the Borough Property Maintenance Code, condemned four properties in the Borough of Carlisle owned by Appellant. The orders were sent by one certified mailing, return receipt requested, to Appellant at the Cumberland County Prison where he was incarcerated. Prison authorities I-.-I i signed for this mailing on October 28, 1999. Each order advised Appellant that he had a right of appeal within ten (10) days to the Board of Appeals. On December 13, 1999, Appellant filed with the Cumberland County Prothonotary a "Local Agency Law Appeal" to challenge the four orders. The Borough of Carlisle filed a motion to quash the appeal which was granted by the trial court by order dated January 13, 2000. Appellant has appealed that order to this Court. On appeal,' Appellant, pro se, argues that the trial court erred in holding that it does not have jurisdiction to hear appeals from condemnation orders issued by the Code Department. Appellant also argues the underlying merits of his appeal. Since we hold that the trial court correctly decided that it did not have jurisdiction to hear this appeal, we will not address the underlying merits of the case. u u Under the doctrine of exhaustion of administrative remedies, one must exhaust all available administrative remedies before the right to judicial review arises. Campbell v. Department of Labor and Industry, 471 A.2d 1331 (Pa. Cmwlth. 1984). The condemnation orders issued by the Code Department on October 26, 1999 informed Appellant that he had the right to appeal the determination with the Board of Appeals within ten (10) days? Appellant never Appellate review of a trial court's order granting a motion to quash and dismissing for a lack ofjurisdiction is limited to a determination of whether the trial court abused its discretion or committed an error of law. Fratemal Order of Police White Rose Lod a No. 15 v. City of York, 708 A.2d 855 (Pa. Cmwlth. 1998). ` Chapter 5 Section 5.7 of the Code of the Borough of Carlisle, provides: Any person aggrieved by a decision of any borough official or body who or which is responsible for the enforcement of the code or ordinances which are the subject of this chapter shall file a written notice of appeal with the Board of Appeals within ten (10) days after the rendering of such decision. The Board of Appeals is a local agency ordained by the Borough of Carlisle to hear appeals (Footnote continued on next page...) 2 y filed an appeal with the Board of Appeals. Instead, on December 13, 1999, Appellant filed an appeal with the trial court .3 Since Appellant did not exhaust his administrative remedies or file a timely appeal, the trial court correctly held that it did not have jurisdiction to hear the appeal. Accordingly, the order of the trial court is affirmed. WILLIAM J. LEDERER, Senior Judge Judge Leadbetter concurs in the result only. (continued...) of the Borough determinations and to hold hearings under Pennsylvania Local Agency Law 2 Pa. C.S. Section 101 et secy. Appellant did not even file his appeal within the thirty (30) days as set forth in Section 5571(B) of the Pennsylvania Judicial Code. 42 Pa. C.S. §5571(B) provides: (B) Other courts.-- Except as provided in subsections (a) and (c) [not applicable here], an appeal from a tribunal or other governmental unit to court or from a court to an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order. 42 Pa. C.S. §5571(B). 3 .. , 4' IN THE COMMONWEALTH COURT OF PENNSYLVANIA ROBERT H. BARRETT, q n Appellant " 7 f t µc (/ v. No. 371 C.D.2000 n O (l BOROUGH OF CARLISLE S- R7?'. G7 _- z' S ORDER ter.. -C, yG ? Jiti AND NOW, this 41h day of August, 2000, the order of the?ourt of`` Common Pleas of Cumberland County in the above-captioned matter is hereby affirmed. WILLIAM J. LEDERER, Senior Judge ®OIflf?6l from I g RjWrd AUG - 4 NO WW®rdeft l IN THE COMMONWEALTH COURT OF PENNSYLVANIA ROBERT H. BARRETT, Appellant V. BOROUGH OF CARLISLE No. 371 C.D. 2000 SUBMITTED: May 12, 2000 BEFORE: HONORABLE DORIS A. SMITH, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE WILLIAM J. LEDERER, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE LEDERER FILED: August 4, 2000 The issue presented is whether the Court of Common Pleas of Cumberland County (trial court) erred by holding that it did not have jurisdiction to hear the appeal of Robert H. Barrett (Appellant) from four orders issued by the Code Department of the Borough of Carlisle (Code Department). We hold that by not filing an appeal with the Board of Appeals of the Borough of Carlisle (Board of Appeals), Appellant did not exhaust his administrative remedies. Therefore, the trial court did not have jurisdiction to hear the appeal. Thus, we affirm the order of the trial court. The relevant facts of this case are as follows. On October 26, 1999, the code Department, pursuant to the Borough Property Maintenance Code, condemned four properties in the Borough of Carlisle owned by Appellant. The orders were sent by one certified mailing, return receipt requested, to Appellant at the Cumberland County Prison where he was incarcerated. Prison authorities signed for this mailing on October 28, 1999. Each order advised Appellant that he had a right of appeal within ten (10) days to the Board of Appeals. On December 13, 1999, Appellant filed with the Cumberland County Prothonotary a "Local Agency Law Appeal" to challenge the four orders. The Borough of Carlisle filed a motion to quash the appeal which was granted by the trial court by order dated January 13, 2000. Appellant has appealed that order to this Court. On appeal,' Appellant, pro se, argues that the trial court erred in holding that it does not have jurisdiction to hear appeals from condemnation orders issued by the Code Department. Appellant also argues the underlying merits of his appeal. Since we hold that the trial court correctly decided that it did not have jurisdiction to hear this appeal, we will not address the underlying merits of the case. Under the doctrine of exhaustion of administrative remedies, one must exhaust all available administrative remedies before the right to judicial review arises. Campbell v. Department of Labor and Industry, 471 A.2d 1331 (Pa. Cmwlth. 1984). The condemnation orders issued by the Code Department on October 26, 1999 informed Appellant that he had the right to appeal the determination with the Board of Appeals within ten (10) days:' Appellant never 1 Appellate review of a trial court's order granting a motion to quash and dismissing for a lack of jurisdiction is limited to a determination of whether the trial court abused its discretion or committed an error of law. Fraternal Order of Police, White Rose Lodge No 15 v City of York, 708 A.2d 855 (Pa. Cmwlth. 1998). Chapter 5 Section 5.7 of the Code of the Borough of Carlisle, provides: Any person aggrieved by a decision of any borough official or body who or which is responsible for the enforcement of the code or ordinances which are the subject of this chapter shall file a written notice of appeal with the Board of Appeals within ten (10) days after the rendering of such decision. The Board of Appeals is a local agency ordained by the Borough of Carlisle to hear appeals (Footnote continued on next page...) 1 ?,s 4 2 4 filed an appeal with the Board of Appeals. Instead, on December 13, 1999, Appellant filed an appeal with the trial court .3 Since Appellant did not exhaust his administrative remedies or file a timely appeal, the trial court correctly held that it did not have jurisdiction to hear the appeal. Accordingly, the order of the trial court is affirmed. WILLIAM J. LEDERER, Senior Judge Judge Leadbetter concurs in the result only. (continued...) of the Borough determinations and to hold hearings under Pennsylvania Local Agency Law 2 Pa. C.S. Section 101 et sec.. 3 Appellant did not even file his appeal within the thirty (30) days as set forth in Section 5571(B) of the Pennsylvania Judicial Code. 42 Pa. C.S. §5571(B) provides: (B) Other courts.-- Except as provided in subsections (a) and (c) (not applicable here], an appeal from a tribunal or other governmental unit to court or from a court to an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order. 42 Pa. C.S. §5571(B). 3 IN THE COMMONWEALTH COURT OF PENNSYLVANIA ROBERT H. BARRETT, V. BOROUGH OF CARLISLE No. 371 C.D.2000 ORDER AND NOW, this 4`h day of August, 2000, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is hereby affirmed. WILLIAM J. LEDERER, Senior Judge Appellant ' Y of Supreme Court of Pennsylvania bane h1. Binoso Middle District P.O. Box 624 Deputy Prothonotary January 5 2001 Harrisburg, PA 17108 , Shirley Bailey 717-787.6181 Chief Clerk w .aopc.org Mr. Charles R. Hostutler P.O. Box 11730 Harrisburg, PA 17108 RE: ROBERT H. BARRETT, Petitioner V. BOROUGH OF CARLISLE, Respondent Commonwealth Docket Number - 371 CD 2000 Trial Couft/AgencyDkt. Number: 99-7461 n o No. 637 MAL 2000 Appeal Docket No.: ' co Date Petition for Allowance of Appea! Filed: September 1, 2000 Disposition: Order Denying Petition for Allowance of Appeal Date: November 28, 2000 N Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /esh IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ROBERT H. BARRETT. No. 637 M.D. Alloc. Dkt. 2000 Petitioner Petition for Allowance of Appeal from Commonwealth Court V. BOROUGH OF CARLISLE, Respondent ORDER PER CURIAM AND NOW, this 28th day of November, 2000, the petition for allowance of appeal is denied. TRUE & CORRECT COPY ATrES d C ` 00 , SHIRL J. PH S APPELI TE CLERK ..0. Y Irene M. Biuoso Deputy Prothonotary Shirley Bailey Chief Clerk Supreme Aftrisylvania Middle District January 5, 2001 Mr. Curtis R. Long Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: ROBERT H. BARRETT. Petitioner V. BOROUGH OF CARLISLE, Respondent Commonwealth Docket Number - 371 CD 2000 Trial Court/Agency Dkt. Number: 99-7461 No. 637 MAL 2000 Appeal Docket No.: Date Petition for Allowance of Appeal Filed: September 1, 2000 Disposition: Order Denying Petition for Allowance of Appeal Date: November 28, 2000 ReargumenUReconsideration Disposition: ReargumenUReconsideration Disposition Date: P.O. Box 624 Harrisburg, PA 17168 717-787-6181 www.aopc.org /esh AN N IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ROBERT H. BARRETT, : No. 637 M.D. Alloc. Dkt_ 2000 Petitioner : Petition for Allowance of Appeal from : Commonwealth Court V. BOROUGH OF CARLISLE, Respondent ORDER PER CURIAM AND NOW, this 28th day of November, 2000, the petition for allowance of appeal is denied. TRUE & CORRECT COPY ? (; ' 0() r Al SHIRL J. PH S APPEL? TE CLERK f?' ... ?' ?` J C"1 ?; i?J `? 1 U ? ? BOROUGH OF CARLISLE, PLAINTIFF V. ROBERT H. BARRETT, DEFENDANT ROBERT H. BARRETT, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98-4145 EQUITY TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOROUGH OF CARLISLE, DEFENDANT : /9-7461 CIVIL TERM --------------------------------------------------------------------------------------------------------------------- ROBERT H. BARRETT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CONSOLIDATED BOARD OF . APPEALS, BOROUGH OF CARLISLE, DEFENDANT V. BOROUGH OF CARLISLE, 94-2346 CIVIL TERM INTERVENOR 94-2967 CIVIL TERM ORDER OF COURT AND NOW, this -54" day February, 2001, the within petition for a further stay of the trial court order in this case, IS DENIED; By tF}e`Court, Edgar B. Bayley, J. Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle Robert H. Barrett, Pro se 136 East High Street Carlisle, PA 17013 :saa -2- ?--4 l? AV ROBERT H. BARRETT, Petitioner V. BOROUGH OF CARLISLE, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 Civil Term AND NOW, this day of 2001, upon consideration of Petitioner's Application for Stay Pending Appeal of Condemnation Orders to the United States Supreme Court, and upon a showing by Petitioner, Robert H. Barrett, that the issues raised in this action are substantial and that Petitioner and his tenants will suffer irreparable harm if the Condemnation Orders are executed, IT IS ORDERED that: The Condemnation Orders dated October 26, 1999 issued by Respondent, the Borough of Carlisle against properties owned by Petitioner, located at 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street are stayed in their entirety pending Petitioner's appeal to the United States Supreme Court. By the Court, Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle @Martson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Edgar B. Bayley, J. Robert H. Barrett, pro se 136 East High Street Carlisle, PA 17013 4?&,tz ROBERT H. BARRETT, Petitioner V. BOROUGH OF CARLISLE, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 Civil Term APPLICATION FOR STAY PENDING APPEAL OF CONDEMNATION ORDERS TO THE UNITED STATES SUPREME COURT NOW COMES Petitioner, Robert H. Barrett (herein, "Barrett"), a pro se litigant, and requests the Court of Common Pleas of Cumberland County, Pennsylvania issue a Stay Pending Appeal of Condemnation Orders to the United States Supreme Court, which Condemnation Orders were issued by Respondent, the Borough of Carlisle (herein, "the Borough"), against four (4) properties owned by Barrett and located at 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. (See Attachments 1, 2, 3, and 4.) In support thereof, Barrett avers the following: I. Borough of Carlisle Condemnation Orders of October 26, 1999 The Condemnation Orders direct that the properties listed above be closed, and that if the properties are not closed, the Borough will cause the premises to be closed up. 2. Three (3) of the four (4) properties are currently occupied. 29 South East Street is occupied by a family of four (4) persons. 35 South Bedford Street is occupied by a family of two (2) persons. 136 East High Street is Barrett's personal residence and is occupied by Barrett. 37 South Bedford Street is unoccupied, locked, and not accessible to the public. II. Procedural History and Factual Background Barrett is the owner of real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being parcels of real estate designated 29 South East Street, 35 South Bedford Street, 37 South Bedford Street, and 136 East High Street. 2. The property at 136 East High Street is Barrett's personal residence. 3. On October 26, 1999, the Borough issued condemnation orders against the four (4) properties listed above as unfit for human occupancy. 4. Barrett believes and avers that his properties do not warrant condemnation because none of the four (4) properties meet any of the criteria for condemnation set forth in the Building Officials and Code Administrators (BOAC) Code adopted by the Borough as the Carlisle Property Maintenance Code. Barrett's four (4) properties do not meet an of the BOAC Code condemnation criteria because: a. None of the four (4) properties is an unsafe structure where partial or complete collapse is likely; b. None of the four (4) properties is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the code; and c. None of the four (4) properties is an unlawful structure. 5. Barrett further believes and avers that the Borough applied the condemnation criteria of the Carlisle Property Maintenance Code to his property in an arbitrary and capricious manner, constituting abuse of the police power of government. 6. Barrett further believes and avers that the condemnations of Barrett's four (4) properties was based on evidence obtained from searches of his properties in violation of the 2 Fourth Amendment to the United States Constitution and should be suppressed based on the following: a. On March 26,1999, the Borough requested entry upon Barrett's four (4) properties for inspection under discovery proceedings in a separate case before the Court of Common Pleas of Cumberland County, Bayley, J., at No. 98-4145 Equity. On April 12, 1999, Barrett denied the Borough permission for the requested searches based on (1) Barrett's right under the Fourth Amendment to the United States Constitution to be secure in his property against unreasonable searches, (2) the Borough's lack of authority to regulate property based on its location within the Carlisle Historic District, and (3) the lack of relevance to the case. On June 03, 1999, the Court of Common Pleas of Cumberland County, Bayley, J., issued an order which, inter alia, granted the Borough's request to search Barrett's properties under discovery proceedings. b. On June 14, 1999, Barrett filed a Complaint in the United States District Court for the Middle District of Pennsylvania at Civil No. 1:CV-99-997. In the Complaint, Barrett averred that the inspections ordered by the Court of Common Pleas, Bayley, J., constituted "searches" under the Fourth Amendment to the United States Constitution, were ordered without probable cause, and violated his right to be secure in his property against unreasonable searches. Barrett further averred that in requesting the inspections, the Borough established no probable cause for such action. Barrett requested the U.S. District Court vacate the June 03, 1999 discovery order of the Court of Common Pleas. On June 27, 1999, the U.S. District Court dismissed the complaint for lack of jurisdiction. c. On June 21, 1999, Barrett filed a Notice of Appeal to the Pennsylvania Commonwealth Court of the June 03, 1999 Order of the Court of Common Pleas, Bayley, J. Barrett averred that his appeal was an Interlocutory Appeal as of Right made under 3 Pa.R.A.P. 313, Collateral Orders. On July 19, 1999, the Commonwealth Court of Pennsylvania quashed Barrett's appeal on grounds that it was interlocutory and not otherwise appealable. d. On July 07, 1999, the Court of Common Pleas, Bayley, J., committed Barrett to the Cumberland County Prison for refusing to allow the Borough to search his properties. On August 17, 1999, Barrett was released from Cumberland County Prison on the condition that he allow searches of his properties by the Borough. e. Searches of Barrett's properties, including Barrett's personal residence at 136 East High Street, were conducted on August 30 and 31,1999 and on September 01 and 02, 1999 over Barren's objections. 7. From October 13, 1999 to November 22, 1999, the Court of Common Pleas, Bayley, J., again committed Barrett to the Cumberland County Prison for civil contempt of court for refusing to allow searches of his papers as part of the Borough's discovery request in the Court of Common Pleas at No. 98-4145, Equity. On October 26, 1999, during Barretfs incarceration, the Borough issued condemnation orders against the four (4) properties involved in the immediate case. 8. On November 21, 1999 during his incarceration, Barrett filed an appeal of the Condemnation Orders with the Cumberland County Prothonotary's Office. On November 29, 1999, the Prothonotary's Office returned Barrett's appeal with a note requesting a case number. On December 10, 1999, after his release from county prison, Barrett filed a fully developed appeal of the Condemnation Orders with the Court of Common Pleas. 9. On January 13, 2000, the Court of Common Pleas, Bayley, J., granted the Borough's motion to quash. On March 01, 2000, the Court of Common Pleas, Bayley, J., issued an opinion in which the Court denied jurisdiction in the matter stating that it could not 4 sear appeals directly from Condemnation Orders issued by the Borough code enforcement officer, as that officer was not a Local Agency under 2 Pa.C.S. Section 752. 10. On February 14, 2000, Barrett filed an appeal with the Commonwealth Court of Pennsylvania at No. 371 CD 2000. On August 04, 2000 the Commonwealth Court denied the appeal and affirmed the order of the Court of Common Pleas stating that Barrett had not exhausted his administrative remedies or filed a timely appeal. 11. On September 1, 2000, Barrett filed a Petition for Allowance of Appeal in the Supreme Court of Pennsylvania, Middle District at No. 637 MAL 2000. On December 01, 2000, the Supreme Court of Pennsylvania denied the Petition. III. Issues Raised in this Action 1. Would the closing of BarretVs four (4) properties cause Barrett and his tenants irreparable harm? Proposed answer in the affirmative. 2. Has the Borough of Carlisle abused its police powers under the Carlisle property maintenance code by condemning Barrett's properties without cause? Proposed answer in the affirmative. 3. Did the Court violate BarretVs rights under the Fourth Amendment to the United States Constitution to be secure in his property against unreasonable searches without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the things to be seized? Proposed answer in the affirmative. 5 IV. Argument 1. The closing of Barrett's four (4) properties will cause Barrett and his tenants irreparable harm. Two families, including school-age children, will be put out on the street with no where to live and no place to put their furniture and other belongings. Although Barrett has an apartment in Arlington, Virginia, Barrett typically spends at least five (5) days each week in Carlisle and has no other place to live in Carlisle. 2. Barrett's four (4) properties do not meet any of the criteria for condemnation set forth in the BOAC Property Maintenance Code. None of the items cited in the Borough's Condemnation Orders meet the criteria for condemnation. Further, none of the items cited by the Borough constitute a public fire, safety or health hazard. Some of the items cited by the Borough are nonexistent. Thus, the Borough's condemnation orders are completely arbitrary and capricious, are in part perjured, and constitute an abuse of the police power of government. 3. The Court of Common Pleas, Bayley, J., violated Barren's rights under the Fourth Amendment to the United States Constitution to be secure in his property against unreasonable searches without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the things to be seized? There was no probable cause for the searches authorized by Judge Bayley. Discovery in an equity lawsuit, where no criminal action is alleged, does not establish probable cause for a search under the Fourth Amendment to the United States Constitution. 4. If Barrett and his tenants are unlawfully locked out of their homes based on the abuse of police power by the Borough, the perjured statements of the Borough, and the failure of the Court to uphold its sworn duty to defend the United States Constitution, irreparable harm will be done not only to Barrett and his tenants, but to all the citizens of 6 • 1 Carlisle. WHEREFORE, Petitioner, Robert H. Barrett, requests the Court of Common Pleas enter a Stay Pending Appeal of Condemnation Orders to the United States Supreme Court which will stay the Condemnation Orders in their entirety pending appeal. Dated: January 26 , 2001 By: ?.Jm.?'fl2t' Robert H. Barrett Petitioner, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 7 ROBERT H. BARRETT, Petitioner V. BOROUGH OF CARLISLE, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7461 Civil Term VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: January ?so 2001 V. llgLit?w- Robert H. Barrett Petitioner, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 Attachment 1 ?T- BOROUGH OF CARLISLE "Committed To Excellence in Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 29 South East St. As a result of the inspection of the property at 29 South East Street on September 2, 1999 the following property maintenance violations were found that affect safety and require immediate repair: 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." The secondfloor porch on the south side has deteriorated and rotted decking and structural fn•anzing. Repair porch. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." The second floor porch rail is missing. The exterior porch railing on the north side of the porch is missing and a section of the existing railing on die front is loose. There is no hand railing for the rear wood steps to the wood deck. Install rails and handrails. 3. PM-605.1 `Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Cover missingfrom electric service panel. Electric modifications made. Electrical inspection by electrical inspection agency nntst be petjormed on service panel and wiring. Pitt cover on service panel. In addition to the safety issues above, there following code issues must also be addressed: 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." No handrail in attic stairway. Install handrail. f 53 Nest South Street, Carlisle, PA 17013 Tel. (717) 249.4422; FAX (717) 249-5557 2. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 3. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the soff tt and fascia of building and balcony. Make repairs to soffitt and fascia. 4. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Second floor ceiling is water damaged from roof leak. Repair roof. 5. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Stair tread missing at bottom of basement stairs. Repair stairway. 6. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition- feeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected." Ceiling material renioved from floor ceiling assembly in room nest to kitchen. Install ceiling material. Cracked plaster in hallway ceiling offirst floor. Repair ceiling. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Attic windows are in disrepair. Repair/replace windows. Based on the items listed above, this structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than S50 nor more than SI000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be borne by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, 14.tiA Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 29seacon 5 Attachment 2 BOROUGH OF CARLISLE "Committed To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 35 South Bedford St. As a result of our inspection of the property at 35 South Bedford Street on August 30, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." Ecterior stainvay to balcony is deteriorated. Replace stairway. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrail/guardrail of second floor side porch is in disrepair. Repair same. No handrail in basement stainvay. Install handrail. 3. PM-305.2 "Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafter is broken. Replace broken rafter. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated, Repair hatchway. 5. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the soffltt of the front of the building allowing pigeons to roost in soffitt of building. Clean up soffitt area and make repairs to soffitt. 53 West South Street, Carlisle, PA 17013 Tel. (717) 249.4422; FAX (717) 249-5587 6. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Second floor ceiling water damaged from roof leak. Repair roof. 7. PM-303.7 "Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair." Accessory structure has collapsed roof. Repair roof and structure. 8. PM-605.1 "Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Heat tape installed in downspout with exposed wires on ground, plugged into exterior outlet that is not ground fault protected. Replace heat tape and install ground fault outlet in exterior outlet box. 9. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leafs in unoccupied space with active electrical service. Outlet added in baseboard of west wall of second floor bedroom and other electrical modifications throughout structure. No electrical inspection was performed to verify integrity of installation. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You or the tenant (with your consent) must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than S50 nor more than 51000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be bome by the building's owner. For this property, the Borough will work to obtain an expedited approval for proposed restoration and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, , I4 . Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 35bedcon Attachment 3 BOROUGH OF CARLISLE ®? "Committed To Excellence Li Community Service NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 37 South Bedford St. As a result of our inspection of the property at 37 South Bedford Street on August 31, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.11 "Stairways, decks porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." Exterior side balcony and front porches are deteriorated. Repair balcony acid porches. 2. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floorfront porch and side balcony are missing. Install guardrails. 3. PM-305.2 Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads." Roof rafters and floor/ceiling joists are deteriorated in concrete block addition. Replace rafters and joists that are deteriorated in this addition. Wooden support beam at basement stainvay is not in contact with floor joists above it. Provide continuous support of the joists resting on this beam. 4. PM-304.17 "Basement hatchways: Every basement hatchway shall tie maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 5. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large (toles in the soffitt of the front of the building and porch ceilings 53 West South Street, Carlisle, PA 17013 Tel. (717) 249.4422; FAX (717) 249.5587 allowing pigeons to roost in ceilings and soffits of building. Clean up these areas and make repairs to porch ceilings and soffitt. 6. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain......" Large holes in roof of one story concrete block addition. Replace roof sheathing and roof.. 7. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Window frame of bathroom of concrete block addition is deteriorated and needs replaced. Kitchen window of second floor rear is in disrepair. Repair/replace window. 8. PM-305.5 "Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair." Broken stair tread on basement stairs. Repair stair tread. 9. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected." Find and repair cause of flaking paint. Repair/paint interior wall and ceiling surfaces. No ceiling in entranceway. Install suitable ceiling material in entranceway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function." Heating system mast be maintained in accordance with the 19961CC Intentational Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks its vacant structure with active electrical service. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive or unsafe nuisance. If this structure is not closed up within 2 (two) days the code official will cause the premises to be closed through any available public agency or by contract or arrangement by private persons the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the expense of remedying them so as to obtain approval shall be bome by the building's owner. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, 0 i ik Michael H. Landis Code Enforcement Officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 37bedcon Attachment 4 BOROUGH OF CARLISLE "Committed To Excellence In Community Service" NOTICE TO OWNER VIA CERTIFIED MAIL Mr. Robert H. Barrett October 26, 1999 c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Re: CONDEMNATION of 136 East High St. As a result of our inspection of the property at 136 East High Street on September 1, 1999 the following property maintenance violations were found that require immediate repair. 1. PM-304.13 "Handrails and guards: Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition." Handrails/guardrails of second floor rear porch are missing. Install guardrails. . 2. PM-304.1 "General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare." Large holes in the roof over the rear patio. Replace roof over patio. Large holes in the building soffitt. Repair building soffits. 3. PM-304.7 "Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Holes in roofs. Replace deteriorated roof sheathing and deteriorated roofing. Rain gutters and downspouts in disrepair. Repair gutters and downspouts to prohibit water damage to exterior and interior surfaces. 4. PM-304.14 "Windows and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight." Basement windows missing. Install windows in basement window openings. PM-305.3 "Interior surfaces: All interior surfaces, including windows and doors, I be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose der, decayed wood, and other defective surface conditions shall be corrected." Cracked loose plaster throughout interior. Repair/paint interior wall and ceiling surfaces. 53 West South Street, Carlisle, PA 17013 Tel. (717) 249.4422; FAX (717) 249.5587 x 6. PM-304.6 "Exterior walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration." Joints in exterior brickwork and stonework are deteriorated from water damage. Repair damaged exterior masonry surfaces. 7. PM-304.5 "Foundation walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as toprevent the entry of rats." Mortar joints in foundation wall are deteriorated from water damage. Repair wall to correct damage. 8. PM-304.12 "Chimneys and towers: All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair....." Chimneys are in disrepair, Repair chimneys. 9. PM-304.17 "Basement batchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water." Hatchway is deteriorated. Repair hatchway. 10. PM-603.1 "Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function." Heating system nurst be maintained in accordance with the 19961CC International Mechanical Code. 11. PM-604.3 "Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard." Roof leaks in structure with active electrical service. Electrical switch not installed in switch box, protruding from wall with exposed contacts. Install switch in switch box. This structure has been deemed unfit for human occupancy and therefore is being condemned by order of the Code Department of the Borough of Carlisle according to Section PM-108.0 of the Property Maintenance Code. This structure must be closed so as not to be an attractive and unsafe nuisance. You must apply for a building permit to correct the noted deficiencies within 10 (ten) days of receipt of this notice. If the permit is not applied for within 10 (ten) days, the code official will cause the premises to be closed up through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. In any event, if the noted deficiencies are not fully corrected within 45 (forty-five) days, the code official will initiate the same action to close the premises. Any person who shall occupy or permit the occupancy of this structure once closed by the code official, shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than 51000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. Section 255-125 of Article XVII of the Borough Code (Historic Preservation District) states that no permit for any reconstruction, exterior alteration, restoration, demolition or razing of a building shall be done which will affect the exterior of the building until the Borough Council issues a certificate of appropriateness. For buildings rendered unfit for habitation, the terms of this chapter may be waived by the building official to proceed to render the subject property habitable; however, any changes to the property must finally be approved under the terms of the Zoning Ordinance Article XVII (Historic Preservation District), and if they are not approved, the or expense this a remedying he Borough will work of obtain an expedited approval for proposed restoration thProP m', and repair. Any person who shall occupy or permit the occupancy of this placarded structure shall be liable for the penalties provided by this code. Failure to comply with the terms of this notice shall constitute a violation of this code, for which, upon conviction thereof, you may be subject to a fine of not less than $50 nor more than $1000. Each day that the violation continues after due notice has been served shall be deemed a separate offense. You have the right to seek modification or withdrawal of this Order by filing a written Notice of Appeal with the Board of Appeals within ten (10) days after your receipt of this Order. Such Appeal must be accompanied by the required filing fee as the same is established by the Borough. Such Appeal must be received by the Code Enforcement Department of the Borough of Carlisle within such time period. Appeal applications are available at the Borough's Code Enforcement Office at 53 West South Street, Carlisle, Pennsylvania 17013. This Order does not supersede, modify or in any way invalidate any prior Notices, Orders or proceedings involving referenced premises. Sincerely, Michael H. Landis Code Enforcement officer cc: Property File Suspense File (Nov. 30, 1999) Ken Womack Ed Schorpp 136hicon ,T-r?- wiim? ?wiw?w?ieiwi4N?II?AI®11?1?? ROBERT H. BARRETT. Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF CARLISLE, Respondent NO. 99-7461 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) indicated below by United States First Class Mail, with postage prepaid: Edward L. Schorpp, Esquire Solicitor for the Borough of Carlisle @Martson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Dated: January 24 , 2001 By: Robert H. Barrett Petitioner, pro se 136 East High Street Carlisle, PA 17013 (703) 524-5949 or (717) 243-0989 C1 l s' y- CV Ci c? U r r BARRETT, ROBERT H., plaintiff v. BOROUGH OF CARLISLE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION No. 1999-07461 PLAINTIFF'S NOTICE OF CHANGE OF ADDRESS Notice is hereby given that Plaintiff, Robert H. Barrett, a litigant pro se in the above-named action, requests all legal papers in this action be served on Plaintiff at the following address: Robert H. Barrett FS 8032 / CC-41-5 SCI-Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501-0631 Respectively submitted, Date: September 27 , 2004 Robert H. Barrett FS 8032 / CC-41-5 SCI-Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501-0631 4;5 t 1111 BARRETT, ROBERT H., Plaintiff v. BOROUGH OF CARLISLE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION No. 1999-07461 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing document(s) upon the person(s) listed below by placing same in the United States Mail, first: class postage prepaid, on the below date and addressed as follows: Edward L. Schorpp, Esquire Martson, Deardorff, Williams and Otto 10 East High Street Carlisle, PA 17013 Date: September 27, 2004 Robert H. Barrett, pro se FS 8032 / CC-41-5 SCI-Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501-0631 y J J 4. C C 1 , L:1 C- JU3 `? t .:Ul[ o ? v I i IrI t IN } !V The Court of Corn on Pleas of umberland County, Tennsylvania BARRETT ROBERT H VS BOROUGH OF CARLISLE Fite No. 1999.07461 STATEMENT OF INTENTION TO PROCEED To the Court: Robert H. Barrett 'intends to proceed with the above captioned matter. Date: September z7 , 2004 Att&54MIXYdtXXXXXXXXXXXXXXXXXXX Robert H. Barrett, pro se FS 8032 / CC-41-5 SCI-Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501-0631 71 r$ BARRETT, ROBERT H., Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION BOROUGH OF CARLISLE, No. 1999-07461 Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing document(s) upon the person(s) listed below by placing same in the United States Mail, first class postage prepaid, on the below date and addressed as follows: Edward L. Schorpp, Esquire Martson, Deardorff, Williams and Otto 10 East High Street Carlisle, PA 17013 Date: September 27, 2004 Robert H. Barrett, pro se FS 8032 / CC-41-5 SCI-Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501-0631 In C'i uj L Ltl '? i. U i l ? U N I! u `a File Copy ..r Y Commonwealth Court of Pennsylvania Charles R. Ilostutlcr P.O. Box 11730 Deputy Prothonotary/Chief Clerk January 8, 2001 rGrriahom. PA 1710R 717-255.1650 TO: RE: Barrett v. Boro of Carlisle No.371 CD 2000 Trial Court/Agency Dkt. Number: 99-7461 Trial Court/Agency Name: Cumberland County Court of Common Pleas Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Original Record March 29, 2000 1 Date of Remand of Record: Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating, and returning the enclosed copy to the Prothonotary Office or the Chief Clerk's office. Commonwealth Court Filing Office Curtis R. Long Prothonotary office of the Protbonotarp Cumberraub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q 4 ~ / (101 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573