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HomeMy WebLinkAbout05-25-12IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOBUE SHELLER, : An Incapacitated Person NO. 2l -12-0085 ORPHAN'S COURT DIVISION PETITION FOR RELIEF AND NOW COMES, North Middleton Township, by and. through its Solicitor, Mark W. Allshouse, Esquire and respectfully files the following Petition for Relief and in support thereof avers as follows: 1. North Middleton Township is a township regulated by the Pennsylvania Second Class Township Code having an address of 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 2. Nobue Sheller is an incapacitated person, as determined by this Court on March 1, 2012, wherein the Court found that Nobue Sheller is an incapacitated person suffering from a mental impairment that prevents her from receiving and evaluating information effectively and from formulating and communicating decisions to such an extent that she is unable to manage financial affairs or meet essential requirements for physical health and safety on a daily basis. 3. The Court has appointed Cumberland County Aging and Community Services as the Plenary Guardians of the Person and Estate of Nobue Sheller. A true and correct copy of the Court's Decree is attached hereto and made a part hereof as Exhibit "A" for reference. 4. For several months prior to the Court's determination of incapacity, North n _- Middleton Township had been working with Nobue Sheller to clean up various r~s~nces at ~=° T ~~; ~ ~_ ~~ c_~,- ~~ c ' -,-, ~~ __ - c other health and safety issues related to the condition of her real property located at 2056 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Seller Residence"). 5. On October 7, 2011 North Middleton Township conducted an on-site investigation of the Sheller Residence and determined that the structure contained severe building code deficiencies under the International Residential Code and the Uniform Construction Code, which deficiencies resulted in the property being declared unsafe for human occupancy. 6. Ms. Sheller was given an opportunity to repair the structural issue. 7. After no remediation efforts were made, on the 9th day of December, ?011, the property was posted and sealed by North Middleton Township Codes Officer Paul Fegley, due to its threat to human safety. A true and correct copy of the posting is attached hereto and made a part hereof as Exhibit "C" for reference. 8. Notice of the posting and sealing of the property was delivered to Ms. Sheller while she was in the Holy Spirit Behavioral Health Center. 9. Likewise, a copy of the Notice was provided to Ms. Sheller's son, Michael Sheller and her attorney, Mark Bayley, Esquire. A true and correct copy of the Notice is attached hereto and made a part hereof as Exhibit "B" for reference. 10. Since that date, North Middleton Township Volunteer Fire Company had expressed interest in using the home for the purpose of training, but after inspection thereof, determined that the home was too unsafe for even firefighters to enter for the purpose of training. 11. The home constitutes a standing health and safety hazard to Ms. Sheller and the North Middleton Township public due to its numerous deficiencies and unsafe structural condition. 2 12. North Middleton Township is authorized pursuant to the Second Class Township Code and UCC Article 14, Section 403.84(a) to declare the building unsafe and to raise the building, thereby abating the nuisance health and safety hazard. 13. The undersigned has contacted Cumberland County Aging and Community Services, Plenary Guardian of Ms. Sheller, through their counsel, Anthony DeLuca, Esquire to advise them of North Middleton Township's intention to raise the unsafe structure and lien the property and to request consent. 14. North Middleton Township has, likewise, contacted Mark Bayley, Esquire, the attorney for Nobue Sheller to advise the same. 15. Attorney DeLuca, representing Cumberland County Aging and Community Services, recommended the filing of this Petition, and had no objection thereto, but instead desired to ensure that all interested parties were given notice prior to any demolition. 16. Attorney Bayley advised that, given his client's current state of mind, she would likely object to this Petition; however, he believed that the authority to grant or deny permission would be within the purview of Cumberland County Aging and Community Services. 17. Alien search has been done and currently there are no known outstanding liens or judgments of public record. 18. Pursuant to its statutory authority, North Middleton Township intends to demolish and lien the property in an estimated amount of Fifteen Thousand Dollars ($15,000) as shown on the estimate provided to North Middleton To~mship, a true and correct copy of which is attached hereto and made a. part hereof as Exhibit "D" for reference. 3 19. North Middleton Township seeks an Order by the Court approving its intended actions as set forth herein after proper notice and ability to be heard is made to all parties of interest. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order confirming North Middleton Township's ability to abate the public nuisance as set forth herein. Respectfully submitted, Date: ~~ ~ f ~~ rk W. Allshouse, squire torney LD. # 780 4 4 33 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Solicitor for Petitioner 4 MAID T 5 2012 IN RE: IN THE COURT OF CONIiv10N PLEAS OF CUMBERLAND COUNTY. PENNSYI~ANIA -_ NOBUE SHELLER, :ORPHANS' COURT DIV"IS[ON -~-~ - ~ - -~T~ r. _ An al'eged incapacitated person : --_~_>r,-i _-- -~ ~ N0. 21-12_ = ~ __ -- _ _; ,_ - - - =~' -. - FINAL DECREE T -~ ~ ~:~; \ .~ . -rl AND NOW, this 1 °~ day of ~~''~ ~~ ~~, , 2012, upon consideration of the ~~ Petition for Appointment of a Permanent Plenary Guardian of the Person and Estate of Nobue Sheller pursuant to 20 P.S. Section 5513, and following a hearing at which she was represented by court appointed counsel, Mark F. Bayley, Esquire, and at which evidence was presented by the Petitioner in support of the Petition, and, based upon the foregoing, the Court finds: 'T'hat Nobue Sheller is an incapacitated person in that she suffers from a mental impairment that prevents her from receiving and evaluating information effectively and prevents her from formulating and communicating decisions to such a significant extent that she is unable to manage her financial affairs or meet essential requirements for her physical health and safety on a daily basis, and is adjudicated as such. 2. 'That the Court appoints Cumberland County Aging & Community Services as Permanent Plenary Guardians of the Person and Estate of Nobue Sheller. No bond shall be required. 3. That the Guardians shall file on a timely basis with the Court all reports and accounts required by statute. ti ~ ~`5~~ 9r s..=~.f`x`' F'~~et~ 4`~4 t:~~~ s .,,E _ i ~I;i':'~€'a~.If"!i'~,r`~~et~F3'$5~au3'4; ~~sf~:~>_,:;t.t': w:t» £Fe~y R~Cls~ ~ri~a i~1~ ~$izi ~. That Petitioner shall be entitled to be compensated monthly for said guardianship services as allowed in an amount permitted by tl:e rules and regulations set forth by Medical Assistance and by the Department of Public Welfare. BY THE COURT, ~ ~~ ~ t _~ ~, , J --- Anthony L. DeLuca, Esquire For Cumberland County Aging & Community Services Mark Bayley, Esquire Court-Appointed l:or Nobue Sheller Cumberland County Aging & Community Services a ~ '' ,- m a // IL _~~._ ~ Postage c _._._.__-----~ ~/e~o2/// Gertitied Fee r'~ ~ Return Receipt Fee ~ Postmark p (Endorsement Required) ~ Nere Restricted Delivery Fee O (Endorsemment Required) a ° Holy Spirit Hospital ~ p Tota! Postal ~ Behavorial Health Center ~ Sent To -~ Attention.: Nobue Sheller ~ Sfreef, ApL Nc5O3 North 21St Street _ ~ or PO Box No. 1 crry State, Z/iCaITlp Hll 1, PA 17011 :ir r+. ^ Complete items 1, 2, and 3. Also cortlplete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Holy Spirit Hospital Behavorial Health Center Attention: Nobue Sheller 503 North 21~` Street Camp Hill, PA 17011 A. Signa r X .~y f ^ Agent J ^ Addressee B. Receroed byB. by (Printed~~me) C. Date f DyjveryC. Date f D~ljvery '~!// D. Is delivery address differen rom Item 17 ^ Yes If YES, enter delivery address below: ^ No 3. ~Certifred Mail ~^ ess Mail ^ Registered ISReturn Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number ~_ - _ - .. (Transfer from service label) 7 01,1 2 0 D ~ ~ 0 ~ 1 2 51, 8 8 3 5 4 PS Form 3817 ,February 2004 Domestic Return Receipt _ to2sss-oz-M-isao -~ c ~- ~~ ~, NORTH NORTH M I DDLETON TOWNS~-~ I P IDD~ETO 2051 Spring Road, Carlisle, PA 17013-1059 )WNSHI OFFICE (717) 243-8550 ~ FAX (717) 243-1135 • POLICE (717) 243-7910 er 22, 2011 Nobue Sheller 2056 Spring Road Carlisle, PA 17013 Re: 2056 Spring Road Dear Ms. Sheller: On October 7, 2011 the Codes Department of North Middleton Township conducted an onsite investigation of the home currently located at 2056 Spring Road, Parcel # 29-16-1094-028. After reasonable investigation it has been determined by the building code official of North Middleton Township that the current structure, in its current state, is in violation of the following codes: • Wall Covering - 2009 International Resident Code (IRC Section R702) • Roof-Ceiling Construction - 2009 International Resident Code (IRC Chapter 8 all) • Roof Assemblies - 2009 International Resident Code (IRC Chapter 9 all) • Electrical -- 2009 International Resident Code (IRC Chapter(s) 34 through 40) • .Ingress and Egress - 2009 International Resident Code (IRC Section R311.3, R311.3. 1, R311.3.2, R311.5, R311.7, R311.7.5, R311.7.7, R311.7.8, & R312.1 • Potable Water & Sanitary Sewer - 2009 IRC Section R306.1, R306.2, R306.3, R306.4, R307.1 & R307.2 • Insulation -Wall, Ceiling, Floors - 2009 International Energy Conservation Code (IECC) Section 402.1. l • Mechanical/Furnace - 2009 IRC Section 303.8 All above sections and codes are available for review at the North Middleton Township office building between the hours of 8:00 am. and 5:00 pm, Monday through Friday. I~Tobue Sheller December 22, 2011 Page Two Under Section 403.83(c) you are hereby given thirty (30) days after receipt of this letter to reply with a written response as to the action you are taking to resolve or abate the above violations. Ms. Sheller, you are hereby given two Options: Option 1: On or before January 26, 2012 all violations will be and shall be abated. Option 2: The building will be demolished and all debris will be removed from the site on, or before, January 26, 2012. Please be advised that 2056 Spring Road, on December 9, 2011, has been declared unsafe for human occupancy or use and as such has been sealed by North Middleton Township and can no longer be used for human occupancy. Only those persons involved in repair and/or those involved in the bid process for repairs shall be allowed in the above mentioned structure. It is the Township's intention to remove the home and bill you for all cost incurred. Sincerely, ----~ <-, 1 `~ Paul M. Fegley U Chief Codes Enforcement Officer North Middleton 'hownship Cc: Solicitor Mark Bayley, Attorney Michael Sheller ~~1 ~ ~~ +~,~..~ ~ ~ ~ ~ ` ~ ...~ ~' .~ ~.. ".' 3 ~, ~ ~ -~ ~` ~.. r, ~ ~ ~ ~' ~ ~-- ~ ~ ~ ~ ~` ,~„~ ' ~~ t~ ~, ~. ~9 ~, ~ ,~ ,~""'~ ~ ~ 3.. ~~-- " ~ ~ ~ ~ ~ --~ ~..~ .~ ~ t~ Si n.._~,..,- I ' Armold & Son Excavation,LLC 556 Roxbury Rd. Newville, PA 17241 PA021789 Date 3/26/2012 Estimate # 52 Name /Address North Middleton Township 2051 Spring Road Carlisle Pa 17013 ~~ ~, ~ 2d 12 P.O. # Terms Due Date 3/26/2012 Other Description Qty Rate Total Demolition Of House (Trucking To Landfill,Trucking 15,000.00 15,000.00 Concrete Block & Floor & Stone Walls ,Clearing Brush & Trees & Grading Lot To Plant Grass Subtotal $15,000.00 Sales Tax (0.0%) $0.00 Total $15,000.00 Armo/d & Son Excavat/on,LLC 717-776-5322 717-776-7749 VERIFICATION I, Ruben Lao, Codes Enforcement Officer of North Middleton Township, being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. NORTH MIDDLETON TOWNSHIP -~ Date: J~~o1~~G~i~~~ I3y: Name: -ben Lao Title: Codes Enforcement Officer CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Anthony L. DeLuca, Esquire P.O. Box 358 Boiling Springs, PA 17007 Respectfully submitted, Date: J~ ~ ~ ~~/~ Ma c W. Allshouse, Es i~ At~forney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717)582-4006 Solicitor for Petitioner °;