HomeMy WebLinkAbout08-1164A
NORTH NEWTON TOWNSHIP, : IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Second Class Township,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2008 - CIVIL TERM
RALPH WAKEFIELD and
JOHN RIGHI, CIVIL ACTION - EQUITY
Defendants :
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by an attorney and
filing in writing with the court, your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claims in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNONT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE FOR PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NORTH NEWTON TOWNSHIP, : IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Second Class Township,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2008 - CIVIL TERM
RALPH WAKEFIELD and
JOHN RIGHT, CIVIL ACTION - EQUITY
Defendants :
COMPLAINT
AND NOW, comes Plaintiff, North Newton Township, a Pennsylvania political
subdivision, by and through its Solicitor, Michael A. Scherer, Esquire, and files the
within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, North Newton Township, a municipal corporation of the
Commonwealth of Pennsylvania, is a township of the second class, with a principal
place of business located at 433 Oakville Road, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. Defendant, Ralph Wakefield (hereinafter "Wakefield"), is an adult
individual who resides at 116 Brindle Road, Mechanicsburg, Cumberland County,
Pennsylvania.
3. Defendant, John Righi (hereinafter "Righi"), is an adult individual who
resides at 355 Green Spring Road, Newville, Cumberland County, Pennsylvania.
4. Defendant Wakefield owns 355 Green Spring Road, Newville,
Cumberland County, Pennsylvania (hereinafter "property"), which property is located in
North Newton Township.
5. Defendant Righi leases the property, where he resides and operates a
commercial business.
6. On or about March 3, 1983, the Board of Supervisors of North Newton
Township voted on and enacted a Building Permit Ordinance. The relevant portion of
the ordinance is attached hereto and incorporated herein and marked as "Exhibit A."
7. The Building Permit Ordinance states, "it shall be unlawful for any
person ...to undertake or cause to be undertaken any construction or development
anywhere within the Township unless a Building Permit has been obtained from the
Building Permit Officer." See Section 1.01.
8. The Building Permit Ordinance further states "upon a violation of the
Building Permit Ordinance, the Building Permit Officer shall give notice of such alleged
violation. Such notice shall be in writing, include a statement of the reasons for its
issuance, allow a reasonable time not to exceed thirty (30) days for the performance of
any act it requires, be served upon the property owner or his agent, and contain an
outline of remedial action which, if taken, will effect compliance with the provisions of
this Ordinance." See Section 2.10(A).
9. The penalty for a failure to cure the violation is a fine and "all other
actions, including an action in equity." Section 2.10(B). Additionally, "any development
initiated or any structure or building constructed... in non-compliance with this Ordinance
may be declared by the Board of Supervisors to be a public nuisance and abatable as
such." Section 2.10(8).
COUNT I - VIOLATION OF BUILDING PERMIT ORDINANCE
Paragraphs one through nine are incorporated herein.
10. In or about December, 2007, it became known to the North Newton
Township Board of Supervisors that Righi dismantled part of a building on the property
and used said materials to build an addition to another building on the property.
11. Righi failed to obtain a building permit for the construction activities
detailed in the preceding paragraph.
12. In response to questions posed to him regarding this matter at the North
Newton Township Board of Supervisors meeting on January 7, 2008, Righi stated that
he knowingly decided not to apply for a building permit for the construction activities he
planned to undertake because he was concerned about what other requirements the
township may force him to meet in completing the construction project.
13. After discussion at the Board of Supervisors meeting on January 7, 2008,
the Board of Supervisors, directed Righi to dismantle the new construction by February
5, 2008.
14. Wakefield also attended the January 7, 2008 meeting, participated in the
discussions on the matter and heard the Board of Supervisors direct the destruction of
the addition by February 5, 2008.
15. On January 16, 2008, the North Newton Township secretary sent a
certified letter to Wakefield and Righi confirming the action taken by the Board of
Supervisors at the January 7, 2008 meeting, which letter is attached hereto as "Exhibit
B."
16. Righi attended the February 5, 2008 Board of Supervisors meeting and
reported that the addition to the building at the property was not dismantled as required
by the Board of Supervisors.
17. The violation at the property persists at this time.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and
against Defendants and that Defendants be required to do the following:
a. tear down, demolish, and abate said building in violation of the
Ordinance;
b. reimburse the Township for all fees, costs, and expenses incurred
in prosecuting this violation, including reasonable attorney's fees;
and,
c. pay an ongoing fine from February 5, 2008 until the date of
demolition in the amount of $300.00 per day.
COUNT II -VIOLATION OF SEWAGE DISPOSAL PERMIT
Paragraphs one through seventeen are incorporated herein by reference.
18. Plaintiff incorporates by reference paragraphs one through seventeen as
though set forth at length.
19. The property in question was originally designed as a commercial building
and was intended only as a place of business for an entity known as "Component
Building Systems."
20. At the time the property was developed, an application was filed with
North Newton Township requesting permission for the installation of an on-lot sewage
disposal system.
21. Since the use of the property as set forth on the application was
commercial, which use produces less liquid waste than a residential use, the size of the
on-lot sewage disposal system that was approved in connection with the development
of the property was relatively small.
22. Righi has begun to use the property as a residence, in addition to using it
as a commercial facility, and therefore the on-lot sewage disposal system approved for
this property is insufficient for the present use of the property.
23. The North Newton Township sewage enforcement officer, Vincent C.
Elbel, wrote Righi a letter dated January 21, 2008, regarding the violation of the permit
issued for the on-lot system, which letter is attached as "Exhibit C."
24. Despite notice of the violation, Righi continues to use the property as both
a residence and a commercial facility in violation of the permit issued for the on-lot
system.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter and
Order directing that the property not be used for residential purposes pending
compliance with the requirements of the Department of Environmental Protection
regarding on-lot sewage systems.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
vG
Michael A. Scherer, Esquire
L DI 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Complaint are based upon information which
has been assembled by our attorney in this litigation. The language of the statements is
not our own. We have read the statements; and to the extent that they are based upon
information which we have given to our counsel, they are true and correct to the best of
our knowledge, information and belief. We understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to
authorities.
DATE:
DATE: , ,
DATE: 601?
David Parthemore, Supervisor
North Newton Township
J. Glenn Glesner, Supervisor
North Newton Township
J. 'Yz' "a?
C?
arold I-I6milton, Supervisor
North Newton Township
AN ORDINANCE REQUT?ING ALL PERSONS,
PARTNERSHIPS, BUSINESSES, AND CORPORATTONS
TO OBTAIN A BUILDING PERMIT FOR ANY CON-
STRUCTION OR DEVELOPMENT; PROVIDING FOR THE
ISSUANCE OF SUCH BUILDING PERMITS; SE'rriNG
FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW
CONSTRUCTION AND DEVELOPMENT WITHIN AREAS
OF THE•TOWNSHIP WHICH ARE SUBJECT TO FLOODING;
AMID ESTABLISHING PENALTIES FOR ANY PERSONS
WHO FAIL, OR REFUSE TO COMPLY WITH, THE
REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.
BE IT ENACTED AND ORDAINED by the Township of North Newton
Cumberland County, Pennsylvania, and it is hereby enacted and ordained by
the authority of the same as follows:
ARTICLE I GENERAL PROVISIONS
Section 1.00 Intent
The intent of this Ordinance is to:
A. Promote the general health, welfare, and safety of the
community.
B. Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damaqe in
the future.
C. Minimize danger to public health by protecting water
supply and natural drainage.
D. Reduce financial burdens imposed on the community, its
governmental units, and its residents, by preventing
excessive development in areas subject to flooding.
Section 1.01 Applicability
A. it shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be
undertaken, any construction or development anywhere
within the Township unless a Building Permit has been
obtained from the Building Permit officer.
B. A Building Permit shall not be required for minor
repairs to existing buildings or structures.
"Exhibit All
Section 2.10 1 Corcoment
A. Noti(-(?s
WhOlievor the Bill Mint] PeriniI (.11.1 Itrul' or otllt•(
Il Iiltl,e<I
lllllll'illal represerit.it iv, (I •I t•1"III.IIIt•:; I httt t'
Ilt t l1ttl'1 Ir(• I I"Isollak) le
tll'Uund:; to believe t i t it t h, re I t . ) : ; hot"11 it v i ( I l ..l i oII tl. ilny .
provisions of this Ord inanr..(:, or, of; rtny regn t 11 i (,11 adopted
pursuant thereto, the 13u i lrl inq perw i i- Officor. l tl ive notice
ziut'll alleged violtjt.ion .r:; horvinofter prtivi(It,(l. :;trcli notice
shall. (.1) be in writin.a; (l,) inclutlc.' tt Lit dI'A'111oll (,t the re4 s0 n-9
for i t•s issuance; (c) d1low it rea ;onrthle time trot 1(j exceed a
peri.cxl of thirty (30) days for tilt: wrformancr of <tny act it
redu.i ros; (d) be served upon the itropc.rty ownc!r.' or- h i ::; agent
as the case may require; provided, however, that. such notice
or ort. or shall be deemed to lit ve burn prolxirly -;r!r•vvd upon
such owner or agent whorl It copy tht:r.eof lids 1w.-on ::,-iv,-(] with
such notice by any other 1110thod authrrized or rt:(luired by the
laws of this State; (e) contain an outline (it: r(ntiolial action
which, if taken, will effect compliance with t io provision:;
of this Ordinance.
13. Penal) ies
Any person who fails to comply with any or all of the require-
ments or provisions of this Ordinance or who faii.s or refuses
to comply with tiny notice, order or direction of the Building
Permit Officer or any other authorized employee of the
municipality shall be guilty of an offense arid, upon conviction,
shall pay a fine to Township of not less than '11wenty-Five
Dollars ($25.00) nor more than Three Hundred Dollars ($300.00)
plus costs of prosecution. In default of such payment, such
person shall be imprisoned in county prison for a period not
to exceed ten (10) days. Each day during which arty violation
of this Ordinance continues shall constitute ., separate offense.
In addition to the above penalties all other actions; are
hereby reserved including an action in equity for tho proper
enforcement of this Ordinance. The imposition of a fine or
penalty for any violation of, or non-compliance with, this
Ordinance shall not excuse the violation or non-compliance ur
permit it to continue and all such persons shall bt? required
to t:urrect or remedy such violations and non-compliances within
a reasonable time. Any development initiated or any structure or
building constructed, reconstructed, enlarged, altered, or
relocated, in non-compliance with this Ordinance may be declared
by the Board of Supervisors to be a public nui!:ancc: and abatable
as such.
i
Supernisors
David R. Parthemore
j. Glenn Glesner
Harold L. Hamilton
(717) 776-3409)
nnewtontuyp®comcast. net
VANIA
January 25, 2008
Secretary/Treasurer
Bonnie L. Myers
255 0" Road
Shippens6urg, P.4 17257
(717) 532-5372
(717) 776-7665
Fax: (717) 477-8842
nnewtontwp®embargma i Lcom
Mr. Ralph Wakefield VIA CERTIFIED & REGULAR MAIL
116 Brindle Road Certified #7006 2150 0004 0470 0125
Mechanicsburg, PA 17050
Mr. John Righi VIA CERTIFIED & REGULAR MAIL
355 Green Spring Road Certified # 7006 2150 0004 0470 0132
Newville, PA 17241
RE: SEPTIC SYSTEM VIOLATION
355 Green Spring Road, Newville, PA 17241
Dear Mr. Wakefield & Mr. Righi:
Enclosed is a notice from North Newton Township's Sewage Enforcement Officer,
Vincent Elbel. Vince is charged with enforcing the laws of the Commonwealth of
Pennsylvania in regards to on lot sewage disposal systems. Please read this letter carefully
and contact him at 263-6120 with your plan to rectify this violation.
Sincerely,
Bonnie L. My rs
Township Secretary
Enclosures
Cc: Michael A. Scherer, Esquire, Township Solicitor
Municipal Building: 433 Oakville Road, Shippensburg, PA 17257
(717) 776-3409
wti'w. northnewtontownship.com
"Exhibit B'1
g ?
Vincent C. Elbel
D.E.P. Certified Sewage Enforcement officer
1409 Lakeshore Drive - Chambersburg, Pa. 17201
Phone (717) 263-6120
21 January 08
John Rigi
355 Greenspring Road
Newville, Pa. 17241
Re: on lot sewage disposal system at 355 Greenspring Road
Dear Mr. Rigi,
It has recently been brought to the attention of North Newton Township that the on lot
sewage disposal system on the above referenced property is currently being over
loaded.
The sand mound on this property is very small because it was designed for commercial
use. The mound was originally designed for Component Building Systems based on a
small sewage flow of 300 gallons per day.
This system is not approved for residential use and flows associated with a residential
dwelling. The Township recently became aware that
property. Please be advised that this is a violation of the conditions living of the per this
t
for this property back in 1986. Permit issued
If you want to continue to live on this property, a new system will be required. Prior to
installing a new system, it must be determined that there are suitable soils that will
support a new system. In addition, you must have Department of Environmental
Protection approval for this proposal through their planning module for land
development process.
Based on prior soils testing on this property, it is very likely that you may have trouble
finding additional soil areas that are suitable for conventional or alternative on lot
sewage disposal. If that's the case, and additional suitable soils can't be found, you will
need to find a new place to live.
At this time, you need to contact the owner of this property, and inform him of this
situation. If he wants to proceed with a new system, he needs to come into the
Township and apply for a permit to do the soils testing. If he doesn't want to pursue this
option, you need to find a new place to live.
Mr. John Rigi
21 January 08
Page 2
North Newton Township would like some kind of decision made within the next 30 days
as to what you are planning to do. If you have any questions, or would like to discuss
this matter further, please feel free to contact me at the phone number listed above.
Sincerely,
Vincent Elbel, SEO
North Newton Township
Cc: North Newton Township Supervisors
Supervisors
David R. Parthemore
1. C:hIM Clt:ne-r
Harold L. Hamilton
(717) 776-3409;
?rnetotontu-yr?; a rnrrr: L rrr• t
VANIA
Secretary/t•rea surer
Mr. Ralph Wakefield
116 Brindle Road
Mechanicsburg, PA 17050
Mr. John Righi
355 Green Spring Road
Newville. PA 17241
January 25. 2008
Bonnie L. Myers
255 Ott Road
ShtPPensburg, PA 17257
(777) 532-5372
(777) 776-7665
Fax: (777) 477-8842
nnewtontrup®.mbarq,,,.oi L corn
VIA CERTIFIED & REGULAR MAIL
Certified 47006 2150 0004 0470 0125
VIA CERTIFIED & REGULAR MAIL
Certified # 7006 2150 0004 0470 0132
RE: SEPTIC SYSTEM VIOLATION
355 Green Spring Road, Newville, PA 17241
Dear Mr. Wakefield & Mr. Righi:
Enclosed is a notice from North Newton Township's Sewage Enforcement Officer.
Vincent Elbel. Vince is charged with enforcing the laws of the Commonwealth of
Pennsylvania in regards to on lot sewage disposal systems. Please read this letter careful]
and contact him at 263-6120 with your plan to rectify this violation. y
Sincerely.
.j ,
Bonnie L. Myers
'township Secretary
Enclosures
Cc: Michael A. Scherer. Esquire, Township Solicitor
'%'I'u"It ipal Building;: 133 Oakville Read, Shippensburg, PA 17257
(717) 7 76-3409
?•'k'? .110rthnek•tontow•riship.rom
"Exhibit Crr
Vincent C. Elbel
D.E.P. Certified Sewage Enforcement Officer.
1409 Lakeshore Drive - Chambersburg, Pa. 17201
Phone (717) 263-6120
21 January 08
John Rigi
355 Greenspring Road
Newville, Pa. 17241
Re: on lot sewage disposal system at 355 Greenspring Road
Dear Mr. Rigi,
It has recently been brought to the attention of North Newton Township that the on lot
sewage disposal system on the above referenced property is currently being over
loaded.
The sand mound on this property is very small because it was designed for commercial
use. The mound was originally designed for Component Building Systems based on a
small sewage flow of 300 gallons per day.
This system is not approved for residential use and flows associated with a residential
dwelling. The Township recently became aware that
property. Please be advised that this is a violation of he conditions of the permit issued
for this property back in 1986.
If You want to continue to live on this property, a new system will be required. Prior to
installing a new system, it must be determined that there are suitable soils that will
support a new system. In addition, you must have Department of Environmental
Protection approval for this proposal through their planning module for land
development process.
.Based on prior soils testing on this property, it is very likely that you may have trouble tive on finding additional soil areas that are suitable for conventional or altema y v lot
sewage disposal. If that's the case, and additional suitable soils can't be found you will
need to find a new place to live.
At this time, you need to contact the owner of this property, and inform of this
situation. If he wants to proceed with a new system, hneeds to coinimo the
option, Township you and need to apply for a permit to do the soils testing. If he doesn't want to pursue this
find a new place to live.
. _
Mr. John Rigi
21 January 08
Page 2
North Newton Township would like some kind of decision made within the next 30 days
as to what you are planning to do. If you have any questions, or would like to discuss
this matter further, please feel free to contact me at the phone number listed above.
Sincerely,
Vincent Elbel, SEO
North Newton Township
Cc: North Newton Township Supervisors
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CASE NO: 2008-01164 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORTH NEWTON TOWNSHIP
VS
WAKEFIELD RALPH ET AL
WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
WAKEFIELD RALPH the
DEFENDANT , at 1922:00 HOURS, on the 29th day of February , 2008
at 116 BRINDLE ROAD
MEHANICSBURG, PA by handing to
RYAN WAKEFIELD
a true and attested copy of COMPLAINT - EQUITY together with
SHERIFF'S RETURN - REGULAR
SON
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
31W O P "
18.00
8.64
.58
10.00
.00
37.22
So Answers:
Cy? i
Sworn and Subscibed to
before me this day
of
x . 'Thomas Ki ine
03/10/2008
OBRIEN BARIC SCHERER
By: Deputy Sheriff
A. D.
I
CASE NO: 2008-01164 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORTH NEWTON TOWNSHIP
VS
WAKEFIELD RALPH ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
RTGHT JOHN the
DEFENDANT , at 1910:00 HOURS, on the 6th day of March , 2008
at 355 GREEN SPRING ROAD
NEWVILLE, PA 17241 by handing to
WINONA RIGHI, WIFE
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 13.44
Affidavit .00
Surcharge 10.00
?fi??oy . o0
29.44
Sworn and Subscibed to
before me this day
of ,
So Answers:
y3Y,
R. Thomas Kline
03/10/2008
OBRIEN BARIC SCHERER
BY : ? a I 1r
lieputy Sheriff
A. D.
(David D. Bueff
Prothonotary
KirkS. Sohonage, ESQ
Solicitor
Knee X Simpson
15` Deputy Prothonotary
Irene E. Morrow
2nd Deputy Prothonotary
Office of the Yothonotary
Cum6erfand County, Pennsylvania
nA - A ! CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 e Carlisle, V 17013 • (717) 240-6195 0 Fax (717) 240-6573