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HomeMy WebLinkAbout08-6438MIDDLESEX TOWNSHIP, Plaintiff V. JULIE A. JOHNSEN and JASMINE J. JOHNSEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2008- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: 4 A- Solicitors for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN,f.C. TOWNSHIP, Plaintiff V. A. JOHNSEN and NE J. JOHNSEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- COMPLAINT & y 3 f( ,,,/; I f c r, Middlesex Township, by its Solicitor, Snelbaker & Brenneman, P. C., submits this as follows: 1. Middlesex Township (the "Township") is a municipal township of the second class its municipal office located at 350 North Middlesex Road, Carlisle, Middlesex Township, berland County, Pennsylvania. 2. Defendant Julie A. Johnsen is an adult individual whose last known address was at 24 South Hanover Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant Jasmine J. Johnsen is an adult individual residing at 5 Tiffany Drive, lisle, Cumberland County, Pennsylvania, 17013. 4. Defendants are the owners of real estate presently improved with a blighted single family detached residential structure with an attached garage commonly known as 22 South Tort Drive, Carlisle, Pennsylvania and identified as Tax Parcel No. 21-18-1357-010 the "Property") 5. Defendants obtained title to the Property by Deed dated February 15, 1995 and recorded May 1, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 121, Page 554. LAIN OFFICES SNELBAKER & BRENNEMAN. P.C. 6. Since becoming owners of the Property, Defendants have consistently and habitually to maintain the Property and the residential structure on the Property. 7. The condition of Defendant's Property and the residential structure has been a source of complaints to Plaintiff from Middlesex Township residents who live in the Ivicinity of Defendants' Property. 8. Plaintiff has made numerous and repeated efforts to encourage Defendants, ly Defendant Julie A. Johnsen, to maintain the Property and comply with codes and of Middlesex Township as same pertain to the condition of the improvements on the Property and the Property generally. In particular, Defendants since last year have been given numerous opportunities to comply and have failed to do so. 9. Plaintiffs efforts to encourage compliance from Defendants have been consistently by Defendants on the basis that, inter alia, the Property and residence are acceptable and habitable, are being maintained and, on occasion, in the alternative to the foregoing, Defendants lack resources with which to comply. 10. In spite of the water service to the Property being terminated in 1997 at the request of Julie A. Johnsen, Defendant Julie A. Johnsen continued to reside at the Property. 11. On June 5, 2008 an inspection of the Property was performed by the Township Zoning Officer and Building Code Official under authority of an administrative search warrant was required due to Defendant Julie A. Johnsen's refusal, after several requests, to allow an inspection of the Property and residence. 12. As a result of the inspection of the Property and residence on June 5, 2008 the LAW OFFICES SNELBAKER & BRENNEMAN. P.C. following conditions, inter alia, were observed: a. Roof shingles and roof sheeting at the rear of the dwelling, specifically in 2 the center and east side of the structure, were deteriorated and contained numerous holes ranging in size from several inches to several feet; b. As a result of the deteriorated condition of the roof as described in a., above, precipitation had entered the residence, causing the interior and exterior walls and floor to deteriorate to the point where they were not capable of safely supporting the imposed dead and live loads; c. Sections of both interior walls and portions of the roof had collapsed into the residence; d. The exterior bearing wall at the rear of the residential structure was leaning inward and in danger of imminent collapse; e. Floor and walls on the south east and south central side of the residence in the front entry area, living room and dining room had completely collapsed into the basement of the residence; f. The interior weight bearing walls in the area of the residential structure described in e., above, was no longer supporting roof loads; LAW OFFICES SNELBAKER & BRENNEMAN, P.C. g. First story rafters in the east side of the structure in the entry and dining room areas were partially collapsed; h. Rear exterior walls at the center and east side of the dwelling were leaning and in danger of collapse; i. None of the bathroom faucets, toilets and sinks was functional or in working condition; j. Most of the drywall on the ceilings and walls was gone and what drywall remained was deteriorated; 3 k. Electric wiring was exposed; 1. Litter, junk and debris filled much of the structure and at some locations, were several feet in depth; m. Mold, mildew and foul stench were throughout the structure; m. The Property was covered with tall growths of nuisance weeds; n. Accumulations of garbage and rubbish existed on the Property outside of the residential structure, including: paper and plastic trash, a dilapidated camping trailer, debris in a fenced in swimming pool area at the rear of the Property and miscellaneous trash dispersed throughout wooded and weed-filled areas of the Property; and o. The remnants of a pool were filled with debris and stagnant water or liquid. Photographs taken accurately depicting the condition of the Property and residential described above are attached hereto and incorporated by reference herein as "Exhibit " through "Exhibit H". 13. As a result of the condition of the Property and residence revealed through the linspection conducted on June 5, 2008, on June 12, 2008, the Township Building Code Official a written enforcement notice to Defendants, condemned the residential structure on the and posted the residence on the Property as being an unsafe structure and in danger of collapse. A true and correct copy of the enforcement notice dated June 12, 2008 issued LAW OFFICES SNELBAKER & BRENNEMAN, P.C. the Township Building Code Official is attached hereto and incorporated by reference herein as "Exhibit I". 14. Defendants neither appealed the issuance of the enforcement notice nor took any action to repair or raze the structure as directed in the enforcement notice. 4 15. Defendants have failed and/or refused to comply with the enforcement notice. 16. For the reasons set forth in the June 12, 2008 enforcement notice, Defendants and it Property continue to remain in violation of the International Property Maintenance Code isions cited therein and as adopted by Middlesex Township. 17. The structure on Defendants' Property is unfit for human occupancy, a danger to life, imminent danger of further collapse and a danger to the health and welfare of the in which it is located. 18. The residential structure on the Property is unoccupied and unable to be repaired. 19. For the reasons set forth in Paragraph 7, 8 and 9, above, Plaintiff believes that any Iremedies it has that result in a penalty or fine would be useless, would lead to a multiplicity of factions and would not result in compliance, but continuing violations by Defendants. 20. Plaintiff has no adequate remedy at law. 21. Equitable relief is needed to obtain compliance with the provisions of the (International Property Maintenance Code and to abate conditions on the Property that are a danger to life and a danger to the health and welfare of the neighborhood in which the Property is Ilocated. 22. Remedies available to Plaintiff in accordance with Section 106.3 and Section 110.1, let seq. of the International Property Maintenance Code include having the structure on the lProperty demolished and removed and a lien for the costs of such demolition and removal (charged upon Defendants' Property. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5 RE, Plaintiff requests this Court to: A. Issue an Order authorizing Plaintiff to enter upon the Property with equipment, employees, agents and/or contractors, and to demolish, raze and remove and dispose of the remnants of the residential structure on the Property, all personal property, fixtures, trash, debris and pool structure, deposit any necessary clean fill, grade the Property and remove trees and vegetation as necessary to accomplish the foregoing; B. Issue an Order authorizing Plaintiff to enter a municipal lien on the Property for all costs associated with the actions taken in accordance with A., above; C. Order and direct Defendants to pay all costs of this action and Plaintiff's reasonable attorney's fees together with all expense incurred by Plaintiff in inspecting the Property and issuing the enforcement notice; and D. Order and direct such other and additional relief as this Court shall determine to be just and proper. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: October 27, 2008 Township Solicitor LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct based upon personal knowledge, information and/or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unworn falsification to authorities. I am authorized to make this Verification on behalf of Middlesex Township in my capacity as Building Code Official and Zoning Officer. ?76J 'Q? a48n??t Mark D. Carpenter Date: October 27, 2008 I lyai e M ? r ?e 1 t bbkr m x 00 ?F gyp. aye P nt " ll't 1, ''!Ir. 1 f 7h 1 E k, i a ? ?t t4 s; l S pQt j' 1 4 1 m " ;, ?w tj Y a? 1 F - 'tt m k 2 is } F AMP *PW I ?.r ? M y`4' F?. I ti ,IIFrf ? j 4 ALMa 40 y ? we 260% 11 t. t '?r r K 1 .w '? LL r„. j l 14 !c Miggi, INK& u _ -.40 -In 4l, IlkQ C All l del y 4 ? 9' RS ? .k'f 41 f `1 1 ?' ? t g { i s Cr i 1 y' r x i m MIDDLESEX TOWNSHIP 350 N. MIDDLESEX ROAD, SUITE 1, CARLISLE, PA 17013 Phone Number 717-249-4409 or 795-9631 Fax Number 249-8564 Board of Supervisors: Donald S. Municipal Secretary: Mary G. Justh OWNERS: Julie A. Johnsen and Jasmine J. Johnsen PO Box 373 New Kingstown, PA 17072 Geistwhite Jr., Steven L. Larson, Victor P. Stabile Zoning Officer / Building Official: Mark D. Carpenter June 12, 2008 By First Class Mail, Postage Prepaid Also by Certified Mail No. 7003 2260 0000 8703 3212 Julie A. Johnsen and By First Class Mail, Postage Prepaid Jasmine J. Johnsen Also by Certified Mail No. 7003 2260 0000 8703 3229 22 South Letort Drive Carlisle, PA 17013 RE: CONDEMNATION AND POSTING AS UNLAWFUL TO ENTER UNSAFE STRUCUTURE due to violations of Township Ordinance No. 3-2004 as amended and the Middlesex Township International Property Maintenance Code adopted thereby, on residential property, located at 22 South Letort Drive, Carlisle, Pennsylvania; Cumberland County tax parcel number 21-18-1357-010 Dear Mses. Johnsen: This letter will serve to notify you that Middlesex Township intends to take action against you due to violations of Middlesex Township Ordinances. I conducted an inspection of the above property on Thursday, June 5, 2008 along with township police Detective Sergeant William H. Goodhart, acting under a search warrant issued on June 8, 2008 in accordance with the 2006 International Property Maintenance Code Section 104.4. The property is improved with a one story single family detached dwelling with attached garage. At that time, I observed improper maintenance of the above property. The property identified above is in violation of Middlesex Township Ordinance No. 3-2004 (copy enclosed) as amended and the Middlesex Township International Property Maintenance Code adopted thereby, as contained in the 2006 International Property Maintenance Code (hereafter "20061PMC"), as published by the International Code Council, Inc. adopted thereby for the following specific reasons: INTERIOR OF DWELLING • In violation of 2006 IPMC Sections 102.2, 108.1.1, 108.1.3 due to being so damaged, decayed dilapidated, structurally unsafe and unstable that further partial or complete collapse is possible at any time. Partial collapse has occurred as follows: Roof shingles and wooden roof sheeting in rear of dwelling on center and east side of dwelling are deteriorated due to lack of maintenance, with holes through the roof structure varying in size from several inches to several feet, causing precipitation to enter the dwelling. The entry of water into the home has caused the exterior and interior walls and floors to deteriorate to the point where they are not capable of safely supporting the imposed dead and live loads. Some interior walls and roof sections have collapsed in the dwelling and the rear exterior wall is leaning and in danger of collapse at any time. Floor and walls on south east and south central side of dwelling in entry, living room and dining room have completely collapsed into basement and interior weight bearing walls in this area are no longer supporting roof loads. .. .8 First story ceiling rafters on east side of dwelling in entry and dining room areas are hanging down and partially collapsed. Rear exterior walls on center and east side of dwelling in dining room area are unstable and leaning and in danger of collapse. • In violation of 2006 IPMC Sections 102.2, 502.1, 504.1. 505.1 and 506. 1, due to disconnection of public water and sewer supply lines from the municipal public water and sewer system. The Middlesex Township Municipal Authority disconnected public water and sewer service to the dwelling at the request of the property owner on September 29, 1997. The bathtubs, showers, lavatories, water closets and kitchen sink are not functional and have not been kept in a sanitary, safe working condition. PROPERTY AREAS EXTERIOR TO THE DWELLING • In violation of 2006 IPMC Sections 102.2, 302.1, 302.4, 302.5, due to tall growth of nuisance weeds in excess of 6 inches in height on the property. • In violation of 2006 IPMC Sections 102.2, 302.1, 302.5, 307.1, due to accumulation of rubbish and garbage on property areas exterior to the dwelling, including paper and plastic trash, a dilapidated camping trailer, and debris in the existing fenced swimming pool area at the rear of the dwelling and other rubbish and garbage dispersed in wooded and overgrown weeded areas around the side and rear perimeters of the property. • In violation of 2006 IPMC Sections 102.2, 303. 1. due to lack of maintenance of the existing swimming pool exterior to and at the rear of the dwelling. The pool has not been kept in a clean and sanitary condition and in good repair. The existing pool is filled with debris and collects stagnant water. The accumulation of stagnant water mixed with debris is causing a public nuisance. Copies of the above referenced sections of the 2006 International Property Maintenance Code are available for review at the township office. For the reasons stated above, the subject dwelling is hereby condemned per 2006 IPMC Section 108.1; found to be an unsafe structure in accordance with 2006 IPMC Section 108.1; found to be an unsafe structure per 2006 IPMC Section 108.1.1; found to be a structure unfit for human occupancy per 2006 IPMC Section 108.1.3, and use or occupancy of the dwelling Is prohibited until all violations have been corrected by the property owner, inspected and an inspection and certificate of Use and Occupancy has been issued by the code official, or until the dwelling has been demolished. In addition, all violations on the subject property on exterior property areas outside the dwelling must be corrected by the property owner, inspected and an inspection and certificate of Use and Occupancy has been issued by the code official You are hereby further notified that per 2006 IPMC Section 109. 1, since part of the dwelling has collapsed and life is endangered by the occupation of the dwelling and there is imminent danger of further collapse of the dwelling which endangers life, entrances to the dwelling have been posted with a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.,, You are hereby notified that any occupant of the dwelling must vacate the premises forthwith. It shall be unlawful for any person to enter this structure except for the purpose of securing the structure, making required repairs, removing the hazardous condition or demolishing the structure. No occupancy 2 shall be permitted until remedial action is taken to abate the hazardous condition and any required permits and inspections are performed on these premises. Enclosed with this letter is a copy of the Notice that has been posted on the property. You are hereby ordered to securely close and board up any openings into the structure so an not to be an attractive nuisance within five (five) days of receipt of this notice, or the building code official will order this work to be done per 2006 IPMC Section 109.3, and the township may take action to recover the costs of such work per 2006 IPMC section 109.5. Within 5 days of receipt of this letter, you must begin efforts to come into compliance by securing all openings into the dwelling and entering into a contract with a demolition contractor to demolish the dwelling. A Building Permit application including required fees and a demolition plan showing timing and manner of demolition, plans to mitigate any hazardous materials on site and showing that demolition waste will be hauled to a State approved landfill. Compliance must be completed no later forty five (45) days after the date of this letter. You have the right to appeal this notice to the Middlesex Township Board of Appeals as established by Middlesex Township with the adoption of the Pennsylvania Uniform Construction Code Act, in accordance with procedures set forth in Township Ordinance No. 1-2004 as amended; and in any manner allowed by applicable law. In accordance with 2006 IPMC Section 111. 1, a written application for appeal to the Middlesex Township Board of Appeals, along with the required $300 fee, must be submitted to Middlesex Township within twenty (20) days after the date this notice was served. Your failure to comply with the above provisions of the 2006 IPMC shall, in addition to such remedies and enforcement action that may be taken by the code official as described in the 2006 IPMC, Section 106.3 and Section 106.5, be subject to an enforcement action brought before the District Justice in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure and upon a finding of guilt, shall be fined in an amount not to exceed $1,000 per violation together with costs of the action and may be subject to imprisonment to the extent allowed by law for the punishment of summary offenses. Each day that a violation of this code continues shall be considered a separate violation. In addition,. Middlesex Township may take appropriate legal action to pursue remedies against you and the property directly by action in the Court of Common Pleas of Cumberland County. You are hereby notified that, per 2006 IPMC Section 106.3, any action taken by Middlesex Township on the subject premises, property and dwelling mentioned above, shall be charged against your real estate, Cumberland County tax parcel number 21-18-1357-010, and shall be a lien upon such real estate. Please be guided accordingly. If you have questions about this Enforcement Notice, you can contact me at the Middlesex Township Office (phone no. 717-249-4409), from 8:00 AM to 4:00 PM Monday through Friday, excluding holidays. Sincerely, t? Y? Mark D. Carpenter Zoning Officer / Building Code Official cc: Board of Supervisors Township Solicitor Township Police Chief 3 NOTICE OF CONDEMNATION THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL A violation of Middlesex Township Ordinance No. 3-2004, Section 9, which in part adopts the International Property Maintenance Code, has been found on these premises. In accordance with emergency measures in Section 109 of the 2006 International Property Maintenance Code ("IPMC"), this structure (dwelling) is unsafe and its occupancy has been prohibited by the code official. It shall be unlawful for any person to enter this structure except for the purpose of securing the structure, making required repairs, removing the hazardous condition or demolishing the structure. No occupancy shall be permitted, until remedial action is taken to abate the hazardous condition or demolish the structure and any required permits and inspections are performed on these premises. DATE OF POSTING: JUNE 12, 2008 LOCATION: 22 S. LETORT DRIVE, CARLISLE, PA CUMBERLAND COUNTY TAX PARCEL: 21-18-1357-010 HAZARDOUS CONDITION: PER IPMC 2006 SECTION 108.1 AND SECTION 108.1.19 UNSAFE STRUCTURE (DWELLING) IN DANGER OF COLLAPSE AND SECTION 108.1.3, STRUCTURE (DWELLING) UNFIT FOR HUMAN OCCUPANCY PROPERTY OWNERS: JULIE A. JOHNSEN AND JASMINE J. JOHNSEN ORDERED BY MIDDLESEX TOWNSHIP BUILDING CODE OFFICIAL r Mark D. Carpenter All persons acting contrary to this order or removing or mutilating this notice are liable and may be prosecuted under the full extent of the law. Contact Middlesex Township for any concerns at 717-249-4409 kNN It- C\ v\ O T 0 'NS - c? =ys , _. fiJ LJ O -n S`C1 r C SHERIFF'S RETURN - REGULAR a CASE NO: 2008-06438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDLESEX TOWNSHIP VS JOHNSEN JULIE A ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JOHNSEN JSAMINE J the DEFENDANT , at 0021:15 HOURS, on the 30th day of October , 2008 at 5 TIFFANY DRIVE CARLISLE, PA 17013 by handing to RONALD BOWSEN ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/06/2008 SNELBAKER & BRENNEMAN By: t A. D. SHERIFF'S RETURN - REGULAR r CASE NO: 2008-06438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDLESEX TOWNSHIP VS JOHNSEN JULIE A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JOHNSEN JULIE A the DEFENDANT , at 0012:02 HOURS, on the 6th day of November-, 2008 at 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JULIE JOHNSEN DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT THE CUMBERLAND COUNTY SHERIFF'S OFFICE. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage 42 11li-7/1)r (?. 33.42 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline( 11/06/loos SNELBAKER & BREMtMAN A By. Deputy Sheri A. D. DLESEX TOWNSHIP, Plaintiff V. ULIE A. JOHNSEN and ASMINE J. JOHNSEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTTY. PENNSYLVANIA NO. 2008- 6438 CIVIL PRAECIPE THEPROTHONOTARY: Please mark the above-captioned action settled and discontinued without prejudice. This ipe is being submitted in accordance with the agreements between the Plaintiff and the which are attached hereto. (Date: December 18, 2008 SNELBAKER & BRENNEMAN. P. C. I? By: _ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Middlesex Township LAW OFFICES SNELBAKER & BRENNEMAN, P.C. AGREEMENT THIS AGREEMENT is made and entered into this / T1" day of /7Etawldw- 2008, by and between: MIDDLESEX TOWNSHIP, a second class township and Pennsylvania municipality with offices at 350 North Middlesex Road, Carlisle, Pennsylvania, party of the first part, hereinafter "Middlesex" AND JULIE A. JOHNSEN of 24 South Hanover Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter "Johnsen" WITNESSETH: WHEREAS, Johnsen is a co-owner with Jasmine J. Johnsen of real estate located in Middlesex Township improved with a blighted residential structure more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 121, Page 554, commonly known as 22 South LeTort Drive, Carlisle, Pennsylvania, (the "Property"); and WHEREAS, on October 30, 2008, Middlesex Township initiated a civil action against Johnsen and Jasmine J. Johnsen docketed to No. 2008-6438 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania (the "Civil Action") seeking, inter alia, a court order authorizing Middlesex Township to enter on the Property and demolish, raze, remove and dispose of the residential structure, all personal property, fixtures, trash, debris and pool structure, add clean fill and remove vegetation and to enter a municipal lien on the Property for all costs associated with the foregoing; and WHEREAS, Middlesex continues to desire to work with Johnsen to address the condition of the Property in an effort to seek Johnsen's voluntary compliance with applicable codes and ordinances of Middlesex and Johnsen desires to comply with such codes and ordinances as they relate to the Property; and WHEREAS, the parties hereto have reached an agreement concerning the Property that will allow Middlesex to remove the blighted structure that has in the past and presently does pose health and safety concerns to the public and settle and discontinue without prejudice the Civil Action against Johnson. NOW THEREFORE, in consideration of these presents and the mutual terms and provisions contained herein and intending to be legally bound hereby, the parties mutually agree as follows: 1. The foregoing preamble and paragraphs are incorporated in this Paragraph and made part of this Agreement. 2. Johnsen hereby grants Middlesex, its agents, employees, contractors and/or subcontractors the irrevocable license and authority to enter into and on the Property with persons, equipment, vehicles and machinery for purposes of demolishing, gathering and removing all parts, portions, debris and remnants of the residential structure on the Property, the pool structure, as well as any and all other personal property, fixtures, trash and contents in, on or around the structure and the Property (all of the foregoing items are collectively referred to herein as the "items and materials"), to dispose by any means or method of any or all of the foregoing items and materials as Middlesex in its sole discretion shall decide and in such manner as permitted by law and to fill with acceptable fill and grade the Property, if and as necessary, after such demolition and disposal. 3. The irrevocable license and authority granted by Johnsen to Middlesex as described in Paragraph 2, above, shall commence on December 26, 2008 and expire 120 days thereafter. 2 4. The times, methods and means of demolition, collection, removal, filling, transport and disposal as authorized in Paragraph 2, above, shall be determined solely by Middlesex in the exercise of its discretion. Middlesex reserves the right not to collect, remove or dispose of any items and materials from the Property as it shall determine. 5. Middlesex shall have unimpeded access to and on the Property as many times as is necessary to accomplish the activities described in Paragraph 2, above, on such dates and at such times convenient to Middlesex for such purposes, without prior notice required to be given to Johnsen. 6. Johnsen agrees and covenants not to impede or interfere in any way with any action or effort by Middlesex in the exercise of Middlesex' irrevocable license and authority granted in this Agreement. 7. All items and material removed from the Property by Middlesex shall be considered property of Middlesex and may be disposed of in any manner, without liability or compensation to Johnsen, as determined solely by Middlesex. Middlesex shall be responsible for the proper disposal of all items and materials removed from the Property. 8. Johnsen represents and warrants that she is a legal owner of the Property and that she has the authority to make decisions with respect to the Property. Johnsen further represents and warrants that all items and materials to be removed from the Property by Middlesex are owned by Johnsen or Jasmine J. Johnsen to the exclusion of any claim or right in such items and materials by others. 9. Except for any breach of this Agreement by Middlesex, Johnsen hereby waives any and all claims, suits, causes of action, expenses, damages, costs, including reasonable attorney's fees, losses and injuries against Middlesex, its individual Supervisors, agents, appointees, 3 representatives, employees, contractors and subcontractors arising from or in any way related to the exercise of the irrevocable license and authority given to Middlesex under this Agreement, it and their entry upon the Property and the demolition, collection, removal, filling, transportation and/or disposal of any items and materials on or from the Property. This provision shall survive the expiration of the term of the irrevocable license and authority as provided in Paragraph 3, above. 10. Middlesex hereby agrees to indemnify and hold Johnsen harmless of and from any mechanics liens on the Property associated only with all activity performed by or for Middlesex in accordance with Paragraph 2, above. Johnsen acknowledges and agrees that Middlesex provides no warranty, whether express, implied or for a particular purpose, associated with any work or activity described in this Agreement and performed on or for the Property, except, however, Middlesex represents and warrants that the work performed by Middlesex under this Agreement, once completed, shall resolve all issues concerning the Property that were specifically raised in the Civil Action as they pertain to Johnsen. 11. Johnsen acknowledges and agrees that the costs incurred by Middlesex in performing the services in Paragraph 2, above, which costs include, but are not limited to, equipment use, labor, fuel, costs of fill, transportation and tipping fees or dumping fees, shall be and become a lien on the Property in favor of Middlesex Township, which lien shall be documented by the filing of a municipal claim on the Property by Middlesex. Johnsen hereby agrees and consents to the filing of the municipal claim and the entry of a municipal lien on the Property in favor of Middlesex and against the Property in the amount of such costs up to a maximum amount of $18,000, to be filed by Middlesex at such time as all services described in Paragraph 2 are completed. Middlesex presently estimates the cost to be approximately $18,000.00. Johnson 4 agrees not to take any action or to initiate any proceeding at any time to interfere with the filing of the municipal claim or its reinstatement, or when once filed, to remove, strike or avoid such municipal claim and lien unless same has been paid in full, with interest as provided for in Paragraph 12, below, to Middlesex. 12. Middlesex agrees, as long as Johnsen continues to own the Property, does not convey it in whole or in part or convey any interest in the Property and makes timely payment of all real estate taxes on the Property as described below, to forego efforts to execute upon the municipal lien by writ of scire facias or any other legal procedure. The term "timely payment" of real estate taxes as used in this Paragraph shall mean the payment of all real estate taxes assessed against the Property by December 31 of the calendar year such taxes are assessed. However, Johnsen agrees that at all times, the amount of the municipal lien and claim shall bear interest, and the municipal claim shall note that it shall be subject to the legal rate of interest thereon, being six percent (6%) per annum, until the principal amount of the municipal lien and claim is paid in full to Middlesex. Nothing herein shall preclude Johnsen from making payments to Middlesex at any time, which payments the parties agree shall be first applied against any accrued interest on the amount of the municipal claim and then to the principal balance thereof. Johnsen acknowledges that upon sale or conveyance of the Property in whole or in part or the conveyance of any interest in the Property, any unpaid balance of the principal amount of the claim or lien as well as any accrued interest shall be paid to Middlesex in full, at which time Middlesex shall have the municipal claim satisfied by appropriate filing in the office of the Prothonotary. 13. This Agreement sets forth the entire Agreement between the parties and fully supersedes any prior agreements or understandings between the parties. Johnsen acknowledges that she has not relied on any representations, promises or agreements of any kind made with or 5 to her in connection with the decision to sign this Agreement except for those set forth in this Agreement. 14. Johnsen acknowledges that she has consulted with an attorney with respects to her rights and obligations under this Agreement; namely Harold S. Irwin, III, Esquire. Johnsen further acknowledges and agrees that this Agreement is complete, has been entered into by her voluntarily and shall not be subject to any claim of mistake of fact or mistake of law. 15. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, administrators and/or assigns. 16. Johnsen agrees that in the event she shall be in breach of any obligation, covenant or agreement set forth herein, she shall be responsible for all reasonable attorney's fees and costs incurred by Middlesex Township in enforcing the terms of this Agreement. 17. The parties agree that this Agreement shall not become effective until signed by both parties, at which time Middlesex shall either file a praecipe in the Civil Action noting that the action against Johnsen has been settled and discontinued without prejudice, with a copy of this signed Agreement being attached to and filed with the praecipe in the Civil Action, or seek leave of court to discontinue the Civil Action against Johnsen. IN WITNESS WHEREOF and intending to be legally bound hereby the parties hereto set their hands and seals the day and year first above written. WITNESS: r a (r t L'; r ATTEST: 6 MIDDLESE TOWNSHIP r By: Township Secretary (Township Seal) Victor P. Stabile, Chairman AGREEMENT eecrn?r? THIS AGREEMENT is made and entered into this I( day of 2008, by and between: MIDDLESEX TOWNSHIP, a second class township and Pennsylvania municipality with offices at 350 North Middlesex Road, Carlisle, Pennsylvania, party of the first part, hereinafter "Middlesex" AND JASMINE J. JOHNSEN of 5 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter "Johnsen" WITNESSETH: WHEREAS, Johnsen is a co-owner with Julie A. Johnsen of real estate located in Middlesex Township improved with a blighted residential structure more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 121, Page 554, commonly known as 22 South LeTort Drive, Carlisle, Pennsylvania, (the "Property"); and WHEREAS, on October 30, 2008, Middlesex Township initiated a civil action against Johnsen and Julie A. Johnsen docketed to No. 2008-6438 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania (the "Civil Action") seeking. inter alia, a court order authorizing Middlesex Township to enter on the Property and demolish, raze. remove and. dispose of the residential structure, all personal property, fixtures. trash, debris and pool structure, add clean fill and remove vegetation and to enter a municipal lien on the Property for all costs associated with the foregoing; and WHEREAS. Middlesex continues to desire to work with Johnsen to address the condition of the Property in an effort to seek Johnsen's voluntary compliance with applicable codes and ordinances of Middlesex and Johnsen desires to comply with such codes and ordinances as they relate to the Property; and WHEREAS, the parties hereto have reached an agreement concerning the Property that will allow Middlesex to remove the blighted structure that has in the past and presently does pose health and safety concerns to the public and settle and discontinue without prejudice the Civil Action against Johnson. NOW THEREFORE, in consideration of these presents and the mutual terms and provisions contained herein and intending to be legally bound hereby, the parties mutually agree as follows: 1. The foregoing preamble and paragraphs are incorporated in this Paragraph and made part of this Agreement. 2. Johnsen hereby grants Middlesex, its agents, employees, contractors and/or subcontractors the irrevocable license and authority to enter into and on the Property with persons, equipment, vehicles and machinery for purposes of demolishing, gathering and removing all parts, portions, debris and remnants of the residential structure on the Property, the pool structure, as well as any and all other personal property. fixtures, trash and contents in, on or around the structure and the Property (all of the foregoing items are collectively referred to herein as the "items and materials"), to dispose by any means or method of any or all of the foregoing items and materials as Middlesex in its sole discretion shall decide and in such manner as permitted by law and to fill with acceptable fill and grade the Property, if and as necessary, after such demolition and disposal. 3. The irrevocable license and authority granted by Johnsen to Middlesex as described in Paragraph'-), above, shall commence December 26, 2008 and expire 120 days thereafter. 2 4. The times, methods and means of demolition, collection, removal, filling, transport and disposal as authorized in Paragraph 2, above, shall be determined solely by Middlesex in the exercise of its discretion. Middlesex reserves the right not to collect, remove or dispose of any items and materials from the Property as it shall determine. 5. Middlesex shall have unimpeded access to and on the Property as many times as is necessary to accomplish the activities described in Paragraph 2, above, on such dates and at such times convenient to Middlesex for such purposes, without prior notice required to be given to Johnsen. 6. Johnsen agrees and covenants not to impede or interfere in any way with any action or effort by Middlesex in the exercise of Middlesex' irrevocable license and authority granted in this Agreement. 7. All items and material removed from the Property by Middlesex shall be considered property of Middlesex and may be disposed of in any manner, without liability or compensation to Johnsen, as determined solely by Middlesex. Middlesex shall be responsible for the proper disposal of all items and materials removed from the Property. 8. Johnsen represents and warrants that she is a legal owner of the Property and that she has the authority to make decisions with respect to the Property. Johnsen further represents and warrants that all items and materials to be removed from the Property by Middlesex are owned by Johnsen or Julie A. Johnsen to the exclusion of any claim or right in such items and materials by others. 9. Except for any breach of this Agreement by Middlesex, Johnsen hereby waives any and all claims, suits, causes of action, expenses, damages, costs, including reasonable attorney's fees, losses and injuries against Middlesex, its individual Supervisors, agents, appointees, representatives, employees, contractors and subcontractors arising from or in any way related to J the exercise of the irrevocable license and authority given to Middlesex under this Agreement, it and their entry upon the Property and the demolition, collection, removal, filling, transportation and/or disposal of any items and materials on or from the Property. This provision shall survive the expiration of the term of the irrevocable license and authority as provided in Paragraph 3, above. 10. Middlesex hereby agrees to indemnify and hold Johnsen harmless of and from any mechanics liens on the Property associated only with all activity performed by or for Middlesex in accordance with Paragraph 2, above. Johnsen acknowledges and agrees that Middlesex provides no warranty, whether express, implied or for a particular purpose, associated with any work or activity described in this Agreement and performed on or for the Property, except, however, Middlesex represents and warrants that the work performed by Middlesex under this Agreement, once completed. shall resolve all issues concerning the Property that were specifically raised in the Civil Action as they pertain to Johnsen. 11. Johnsen acknowledges and agrees that the costs incurred by Middlesex in performing the services in Paragraph 2, above, which costs include, but are not limited to, equipment use, labor, fuel. costs of fill.. transportation and tipping fees or dumping fees, shall be and become a lien on the Property in favor of Middlesex Township. which lien shall be documented by the filing of a municipal claim on the Property by Middlesex. .lolulsen hereby agrees and consents to the filing of the municipal claim and the entry of a municipal lien on the Property in favor of Middlesex and against the Property in the amount of such costs up to a maximum amount of $18,000.00, to be filed by Middlesex at such time as all services described in Paragraph 2 are completed. Middlesex presently estimates the cost to be approximately $18,000.00. Johnstn agrees not to take any action or to initiate any proceeding at any time to interfere with the filing of the municipal claim or its reinstatement, or when once filed, to remove, strike or avoid such 4 municipal claim and lien unless same has been paid in full, with interest as provided for in Paragraph 12, below, to Middlesex. 12. Middlesex agrees, as long as Johnsen continues to own the Property, does not convey it in whole or in part or convey any interest in the Property and makes timely payment of all real estate taxes on the Property, to forego efforts to execute upon the municipal lien by writ of scire facias or any other legal procedure. The term "timely payment" of real estate taxes as used in this Paragraph shall mean the payment of all real estate taxes assessed against the Property by December 31 of the calendar year such taxes are assessed. However, Johnsen agrees that at all times, the amount of the municipal lien and claim shall bear interest, and the municipal claim shall note that it shall be subject to the legal rate of interest thereon, being six percent (6%) per annum, until the principal amount of the municipal lien and claim is paid in full to Middlesex. Nothing herein shall preclude Johnsen from malting payments to Middlesex at any time, which payments the parties agree shall be first applied against any accrued interest on the amount of the municipal claim and then to the principal balance thereof. Jolmsen acknowledges that upon sale or conveyance of the Property in whole or in part or the conveyance of any interest in the Property, any unpaid balance of the principal amount of the claim or lien as well as anv accrued interest shall be paid to Middlesex in full, at which time Middlesex shall have the municipal claim satisfied by appropriate filing in the office of the Prothonotary. 13. This Agreement sets forth the entire Agreement between the parties and fully supersedes any prior agreements or understandings between the parties. Johnsen acknowledges that she has not relied on any representations, promises or agreements of any hind made with or to her in connection with the decision to sign this Agreement except for those set forth in this Agreement. 5 14. Johnsen acknowledges that she has consulted with an attorney with respects to her rights and obligations under this Agreement; namely Nathan C. Wolf, Esquire. Johnsen further acknowledges and agrees that this Agreement is complete, has been entered into by her voluntarily and shall not be subject to any claim of mistake of fact or mistake of law. 15. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, administrators and/or assigns. 16. Johnsen agrees that in the event she shall be in breach of any obligation, covenant or agreement set forth herein, she shall be responsible for all reasonable attorney's fees and costs incurred by Middlesex Township in enforcing the terms of this Agreement. 17. The parties agree that this Agreement shall not become effective until signed by both parties, at which time Middlesex shall file a praecipe in the Civil Action noting that the action against Johnsen has been settled and discontinued without prejudice, with a copy of this signed Agreement being attached to and filed with the praecipe in the Civil Action. or seek leave of court to discontinue the Civil Action against Johnsen. IN WITNESS WHEREOF and intending to be legally bound hereby the parties hereto set their hands and seals the day and year first above written. WITNESS, _..".°,• ! ' " 1 ? Jasmi ohnsen ATTEST: Township S retary MIDDL SEX TOWNSHIP By: Victor P. ab hairman (Township Seal) 6 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Praecipe be served upon the persons and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Julie A. Johnsen 24 South Hanover Street Apartment 1 Carlisle, PA 17013 Jasmine J. Johnsen 5 Tiffany Drive Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By' -------- __---- _- - --,_ - - Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Middlesex Township ate: December 18, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C.