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HomeMy WebLinkAbout12-6187COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM I MAGISTERIAL DISTRICT JUDGE JUDGMENT l COl1AMON PLEAS No. /~_ ~,/~~ Civ~-Trm NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. _ 1 )VpA~~,c~~M1 `n ~ V'1 c~ .~ I I ~~°~ I ~bVt ,~ t ~'(~ ~, ~ `~ ~ Dj~ ,~wv ~ ~e-r.~ ~.e..~1 ~~ ~~. ~-t~vv~, ~ r2 _... ~ ~ 1 ~~ ~ - - Y lei 3 - - DATE OF JUDGMENT IN THE SE OF (Plaintiff) ~ (DB ndan~' N1 J-o92n/-CV-00000 9S- 2o/Z ~4/~f,~/fMU/ //l 4/ ____ This block will be signed ONLY when this notation is required under Pa. If appellant was Claiil'fant (see Pa. R.C.P~.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Sipnafure of PnNfpnofary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~ ~~ ~ ~,~~ ~: ~ y.e~ ~~y,~_ appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No.1a_ ~~$' ~iyil~rM )within twenty (20) day er ice of rule or ffer ntry of judgment of non ros. ignafure of appalls or attorney or agent RULE: To I ~ ~ pellee(s) Name of appellees) (1) You are notif'~ed that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not fils? a complaint within this time, a JUDGMENT OF NON PROS MI (3) Thedate of servica of this rule if servid~}-~y~r~~~~date of the mailing. 2o~a ;.~~no~ ct~~z~.~ac~n~ Date: ~~ Uzi ad s- loo z~~ YOU MUST INCLUDE A COPY OF~~~If~~ ~~~CI~ENTITRAN3CRIPT ~l AOPC 312-05 FORM WITH THIS NOTICE OF APPEp-L.. ~ro3.5o P~ Q e ~~53~ COMMONWEALTH OF PENNSYLVANIA Notice of JudgmentJTransCrpt Civil COUNTY OF CUMBERLAND C88@ Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Cartisle, PA 17013 Telephone: 717-21 &5250 Deborah L Br+enizer 25 Elm Drive Carlisle, PA 17013 North Middleton Township V. Deborah L Brenizer d5 Elm Drive CA,r~iste , PA r7o r3 Docket No: MJ-09201-CV-0000095-2012 Case Filed: 8!1/2012 ~t@Silflt[Qn Date 09/17/2012 North Middleton ToNmship $p.00 ~, $0.00 . ~ .. _._m~_..~.~,.u~~._....~._._~....._.__. ~.._ ~~_...... .lttdgif#1l1~~3li~ll ('PostJudpnwrrt) ~ ""_ ~. ~ _. $771.83 $0.00 In the matter of North Middleton Township vs. Deborah L Brenizer on 9/17/2012 the judgment was awarded as follows: Civil Judgment IndHrlduai Laiability ~JEli~fl BNQYIIt $0,00 $300.00 $300.00 Attorney Fees $0.00 $300.00 $300.00 Filing Fees $0.00 $171.83 $171.83 Grand Total: 5771.83 ANY PARTY HA8 THE. RKiHT TD APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT 13Y F~MIG A NOTICE OF APPEAL WITH THE PII~TMQMOTAICI-lq-~f QF CgJR7' t>F COMNOId PLEAS, CNIL DIVISION. YOU AAtIST INCLUDE A COP1f O!F THI3 NOTICE OF JUDGMENT!'I'RI~NSCWpT FORM WITH YOUR NOTICE OF APPEAL. EXC~T A8'i OUSE ~ IM THE RULE8 OF GIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDta~S, IF THE JUDGMENT HOLDER ELECTS TO @I'rleR THE JUIXiMENT IN THE COURT OF COIMAON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF ~i°PtJEA1s AWD FUIY'I'HiE>'t PROOE3S MAY BE ISSUED SY THE"$R14t~iST~AL DtSTRiCT . ' J ' fS MITERED IN THE COURT OF COMMCIN PLEAS, ANYONE INTERNED IN THE JUDGMENT MAY FILE A REQUEST' FOR ENTRY OF SATI$FAOTION WITH THE MAG~TERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~' ~ ~ / Date ~~ ~`~r~_ Magisterial District Judge Paul M Fealev rd~M ~p~ i ~ 4e' ~~~ O~ oe -s s a rue an co cwpy a recd o pr ~ngs con am ng i - ~ Date Magisterial District Judge neu~a ai a Page 1 of 2 Printed: 09/17/2012 12:30:08PM Mark W. Allshouse, Esquire Attorney ID ~; 78014 4833 Spring Road Shermans Dale, PA 17090 (71?)~82-4006 Attort~e~ for Plaintifl~ NORTH :~-IIDDLETOWN TOWNSHIP, PLAINTIFF ~. DEBORAH L. BRENIZER, DEFENDANT ?~~OCS22 RM#i=J~ ~ ~~'t IN THE COURT OF ('OMMON PLEAS CUMBERLAND COUNTY, PEN'~ISYI_VANIA NO. I2-6187 CIVIL TERM CIVIL ACTION -LAW NOTICE TO PLEAD TO: Deborah L. Brenizer, Defendant 25 Elm Drive Carlisle, PA 17013 l'"OU 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 the C'c~urt 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 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 YO(.; DO NOT HAVE A 1_AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICt? SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar ,Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-316h Respectfully submitted. Date: /~~ZZ~2~~~ ark W. Alls Lase, ~, q ire Atty. LL>. # 7 014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorne~/ for Plaintiff ~- Mark W. Allshouse, Esquire Attorney [D r 78014 4833 Spring Road Shermans Dale, PA 17090 (717)82-4006 Attorney for Plaintiff NOR~T'I-I MIDDLETOWN TOWNSHIP, PLAINTIFF ~~. DEBORAH L. BRENIZER, DEFENDANT IN THE COURT OF COMMON PL:I~AS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-6187 CIVIL TERM CNIL ACTION - LA'W COMPLAINT AND NOW, comes Plaintiff North Middleton Township, by a~~nd through t}xeir Solicitor, Mark W. Allshouse, Esquire and respectfully files the following Corriplaint and in support thereof avers as follows: I . Plaintiff is North Middleton Township, a Pennsylvania Township of the Second Class located within Cumberland County having an address of 2051 'Spring Road. ('arlisle, Pennsylvania l 7013 (hereinafter "Township"). ~'. Defendant is Deborah L. Brenizer, an adult individual, having an address of 25 Elm Drive_ Carlisle. Pennsylvania, 17013 (hereinafter "Defendant"). 3. On or about May 23, 2012 North Middleton Township Codes office received a complaint from Linda Blackburn, an adult individual having an address of 20 Elm Drive, Carlisle, Pennsylvania 17013 regarding Defendant's use of her property and advised 7~ownship that as of that date, Defendant had already held eight (8) yard sales in 2012. ~~. Pursuant to North Middleton Township .Zoning Ordinance 204-302,(D) yard sales are allowed within a,1y zone; however, the owner or occupant may only conduct only up to four (4) per year and each should not be conducted for a period of longer than three (3) consecutive dates. 5. The Ordinance further states that conduct of yard sales beyond the exaent described within the Ordinance represents a commercial business and requires appropriate Zoning authorization. A true and correct copy of the Ordinance is attached hereto ,:end made a part hereon as Exhibit "A". 6. The definition of "garage or yard sale" pursuant to North Middleton Township Zoning Ordinance 204-113 is, "a public sale of household and personal items and/or items common to the use of homeownership." A true and connect copy of the Ordinance is attached hereto and made a part hereof as Exhibit "B". 7. North Middleton Township recently modified its Zoning Ordinances, but should be noted that under the prior Ordinances, the restriction on garage sale was identical. .~~ true and correct copy of North Middleton Township's previous Zoning Ordinance is attached hereto and made a part hereof as Exhibit "C". 8. Thereafter, on or about May 29, 2012 North Middleton Township Code Enforcement Officer, Ruben Lao went to Defendant's residence at 25 Elm Drive, Carlisle, Pemzsylvania, 17013 and observed numerous bicycles in the front yard sitting along; Spring Road. 9. Mr. I_,ao advised Defendant that North Middleton Township only allows a maximum of four (4) yard sales per year and that each sale can be for no longer than three (3) consecutive days. 10. Mr. Lao also informed Defendant that he had received information that Defendant had at least eight (8;~ yard sales in 2012. 3 11 In response, Defendant advised Mr. Lao that she had more than four (4) yard sales already that year. 12 . Thereafter on or about May 31, 2012, Defendant appeared before the North Middleton Township Board of Supervisors and advised the Board of Supervisors that she advertises her yard sales in the Sentinel and provided to the Board a copy of all her advertisements that were posted year to date, representing four (4) separate yard sale dates. A true and correct copy of those advertisements are attached hereto and made a part hereof as Exhibit "D'". 13. Defendant then asked the Board of Super°visors for an exemption from the Zoning Ordinance. 14. Defendant was advised that the Board of Supervisors of North Middleton Township do not have legal authority to grant an exemption from a Zoning Ordinance and that it would be necessary for her to file an Application to be heard by the North Middleton Township Zoning Hearing Board, who has the exclusive jurisdiction for granting of exemptions ?.o Zoning matters pursuant to the Pennsylvania Municipalities Planning Code, Section 909.1. A true and eorrect copy of the first page of the approved North Middleton Township Board of Supervisors Minutes dated May ~1, 2012 reflecting Defendant's appearance and statements is attached hereto and made a part hereof as Exhibit "E". I ~. Thereafter, on or about June 14, 2012, North Middleton Township Codes Department received a complaint that Defendant was presently having a yard sale and upon inspection. it was determined that, indeed, a yard sale was occurring at Defendant"s property. 1 t~. As a result, North Middleton Township ;mailed Defendant a Notice of violation dated June 14, 2012 advising Defendant of the violation providing five (5) days to abate the violation. 4 17. In addition, the Notice advised Defendant. of the enforcement remedies, including a fine of Five Hundred Dollars ($500) per violation, plus court costs and attorne_y's fees and that each day the violation continues may constitute an additional violation. A true and correct. copy of the Notice mailed certified mail is attached hereto and made a part hereof as Exl~ubit "F" 18. On or about June 18, 2012, North Middleton Township received the certified mail green card executed by Defendant. A true and correct copy of the green card verifying Defendant"s receipt of Notice of violation is attached hereto and made a part hereof as Exhibit ..G" . 19. Thereafter, the Township continued to receive complaints from neighbors regarding the continuation of yard sales. 20. In addition, North Middleton Township Police Department, likewise, observed yard sale activity on July 12, 2012 and advised Defendant of possible citations for future yard sales due to her continued violation of the Ordinance. ~~ true and correct copy of the North Middleton Township Police Complaint Report filed by Officer Peter Castel is attacl~ied hereto and made a part hereof as Exhibit "H". ~: l . Township continued to receive complaints from neighboring properties on the following dates: July 13, 2012 and July l~, 2012. 22. Defendant again contacted the Township by correspo~idence and continued to request an exception from the North Middleton Township Board of Supervisors. ~?_ . As a result, the Township Manager, Deborah Ealer and North Middleton Township Chairman of the Board of Supervisors, Robert Reisinger mailed Defendant. a letter dated July 19, 2012 explaining to her Section 909.1 of the Municipalities Planning Code and that they do not have the jurisdiction or the ability to grant such an exemption and enclosed a copy of 5 Section 909,.1 of the 1Pennsylvania Municipalities Planning Code for her reference. .A true and correct copy of the letter is attached hereto and made a Bart hereof as Exhibit "I''. 2~ The Township received additional complaints and notices that the yard sales were ongoing at Defendant's property on the following dates: August 2, 2012, August 3, 2013, August h, 2012. August 8, 2012, August 18, 2012, August 23, 2012, .August 24, 2012, .August 25, 2012 and August 27, 2012. 2?. In addition, on August 2, 2012, North Middleton Township Police Officer, Corporal ,lim Peterson observed Defendant having a yard sale and provided photoga-aphic evidence of the same. 26. Defendant was again mailed a second Notice dated September 7. 2012 of the continued violation. A true and correct copy of the Notice is attached hereto and rn.ade a part hereof as Exhibit '`T'. 2 ;' . Thereafter, on September 11, 2012 the Township received the signed green card verifying receipt by Defendant of the Notice of violation. A true and correct copy of the green card rs attached hereto and made a part hereof as Exhibit '`K'~. 28. Based upon the foregoing, Defendant clearly provided evidence to the }3oard of Supervisors on May 31, 2012 that she had already had four (4) yard sales in the year 2012. 2~>. Thereafter, each yard sale (lasting no more than three consecutive days) would constitute a separate violation for which Defendant had notice. ;0. Based upon the numerous violations, it is believed that Defendant held the following yard sales in violation of North Middleton Township Zoning Ordinance: A. 5/23/2012 -5/24/2012 B. 5/29/2012 C 6/ 14/2012 D. 7/12/2012 - 7/14/2012 E. 7/25/2012 -7/27/2012 F. 7/28/2012 6 Nort~ !N~ddle'~.on Tcwnship iARTICLE III) .ZOy'-3 P,'~ generator and also approves of such connection. Off-grid systems shall be exempt from this requirement. (p) The owner of the small wind energy system shall, at the owner' , expense, complete decommissioning within twelve (12) months after- the er~d of the useful life of the small wind energy system. It shall be presumed that. the small wind energy system is at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. , (q) The applicant sha{I maintain the small wind energy system in good and safe condition. Whenever a small wind energy system becomes structurally unsafe or endangers the safety of the structure or premise, or endangers the public safety, the Zoning Officer steal! give written notice to the owner cf tk;e premises on which the small wind energy system is located that such small wind energy system shall be made safe or removed. 131 Outdoor Wood Boilers. Installation of an outdoor wood boiler shat{ be in accordance ~~vith Ordinance 2007-02. C. I-ences and Walis. No fence or wall (except livestock, required junkyard or tennis, ccurt wails or fences or a retainer wall of a building permitted under the terms of this Chapter) shall be ~:yrected to a height of more than three (3) feet in a front yard vt~ithin the R-1, R-%, V'viU, and NC ::'ones, nor more than six (6) feet in the AG, RR, C/lJ and IND Zones. _; 3arage/Yard Sales. Within any zone, an o~.vrrer, cr.cupant, or both, may condt~~t ~j;r to four (4) _arage/yarcJ sales per ~,~ear. IVo earaee or yard sale shall be conducted fora ;per ~::>d longer than `~~ ree cor_ _-cr~tive days. Such sales shall be limited to personal possessions. Oni~,+ two (2) six (6) square-fool: signs shall be permitted advertising the garage/yard sale located upon the premises v/here the sale occurs and shall be removed promptly upon the completion of the sate. in no ease steal{ any aspect of the garagejyard safe be conducted in a street right-of-v,fay, except that parking may occur where permitted. The conduct of garage sales beyond the eNte~~7 described ~~~,n ~~'r~~~F_ents a commercial business and requires appropriate zoning ~u*h~,:~-~ <'.ion. E. ~Vian-Made Lakes, Dams, Ponds and Impoundments. (1) A11 lakes, dams, ponds and impoundments located along and connected to a stream that in,-olve any of the fol{owing shall require the acquisition of a permit 'corn the PADEP Bureau of Dams and Waterways, Division of Darn Safety, or a letter indicating that the proposed use does not require a PADEP permit: (a1 The dam, pond or impoundment contains a volume of at least fifty (50) acre fleet. (b) The dam reaches a height or'fifteen (15) feet; or (c) The dam, pond or impoundment impounds the water from ;:~ n~atershed of at least one hundred (100) acres. ARTICLE III-E. GENERAL REGULATIONS North Middleton Township 'Coning Ordinance (ART'CLE J} ~~~ l~3 FUNERAL NOME - An establishment conducting embalming and cremation which may include the viewing of the deceased and ceremonies connected therewith prior to burial or cremation, but not including cemeteries, columbariums, mausoleurrrs, and entombments. GARBAGE -All table refuse, animal and vegetable matter, pieces, parts, remains of meat, fish and fowl, vegetables and other parts thereof and all other articles or material ordinarily used for food which have become unfit for such use or which are, for any reason, discarc:ied. See "~Naste". GARAGE, PRIVATE - An accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the primary use of the premises, or both; provided however, that one commercial vehicle of not more than one-ton capacity may be stored therein where the use' of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor' shall space therein for more than one vehicle be leased to anon-occupant of the premises. (UNLESS OTHERWISE PERMITTE:I:) IN THIS CHAPTER) Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as (HABITABLE) floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit. GARAGE/YARD SALE -The public sale of household and personal items, and/or items common to the use of home ownership. GOLF COURSE - A public or private recreational area primarily used for playing golf and which has a minimum of five (5,000) yards of play in eighteen (Z8) holes or two thousand five hundred (2,500) yards in nine (9) holes, and which may include accessory facilities such as a dri~~ring range, pro shop, andfor restaurant. GOVERNING EiODY -The North Middleton Township Board of Supervisors. GROUP CARE FACILITY - An establishment providing shelter, counseling, and other rehabilitative services in a f<~mily-like environment for nine (9) but ff~wer than fifteen (15) residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licenses and/or approved by the Pennsylvania Department cf Public Welfare. GROUP HOME - A dwelling unit directly associatE~d with and operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotior7ai, mental, developmental or physical disability. Such adminisi:ration is through the direction of paid professional staff and for supervision of residents by full time resident staff. This definition shall e;<pressly include facilities for the supervised care of persons vrith disabilities subject tc protection under the Pennsylvania and r=ederal Fair Housing Acts, as amended. Group homes ARTICLE I-2o BACKGROUND PROVISION:i The dam, pond or impoundment contains a volume of at least 50 acre feet. 'The dam reaches a height of 15 feet; or The dam, pond or impoundment impounds the water from a watershed of at least ~ DO acres. ",II dams, ponds and impoundments not contiguous to a stream that have an intake, outfit, 7r both, have an embankment within 50 feet of a stream, or any combination thereof, shall require the acquisition of a permit from the PADEP Bureau of Dams and Waterways; +~ivision of Waterways and Storm Water Management. ;II dams, ponds and impoundments meeting the requirements of § 204-25G(2) of this chapter shall be located 75 feet from all adjoining lot sines, as measured from the c{oses~i point of the adjoining property line to the maximum anticipated water surface elevation. =urthermore, all dams, ponds and impoundments, including storm water management hasirs, shall be located a minimum of 50 feet from any subsurface sewage disposal system r vvel I. „il other dams, ponds and impoundments require the submission of statement by a qualified ~ngireer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with `he base flood. All dams shall be constructed to a height of one foot above the water surface c=levation occurring during the base flood. Requirements for fencing. All ponds constructed within areas subject to livestock shall k;E: enclosed by fencing that prevents livestock from trampling the pond's shores and polluting tie waters. l~laintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees :hall -~c:~t be permitted to grow on the dam or spillway. ~arage/yard sales. Within any zone, an owner, occupant, or both, may conduct up to four garace/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales shall be limited to personal possessions. Only two six-sgr.aare- foot signs small be permitted advertising the garage/yard sale located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, excE;pt that parking may occur vvhe-e permitted. The conduct of garage sales beyond tl-,e extent described herein represents G commercial business and requires appropriate zoning authorization. Accessory rspair of peronal motor vehicles. The routine maini:enance, repair and servicing crf personal motor vehicles, owned or leased by the person performing such sen,~ices when perormed outside of a completely enclosed building is permitted by an occupant of the residence, butori;~ in compliance with the following: (1; rJl vehicles shall be maintained with proper licensure. ~,il ~Tvork shall be performed on the vehicle owner's (lessee's) property of residence. ~l'Jork shall be limited to the following: Se~~~icing and replacement of spark plugs, batteries, distributors and distributor par:::. Repair and replacement of tires and wheels, excluding recapping or re-grooving. Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters; oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belt.:;. ~r~~irdshield wipers, mirrors and engine coolants. Repair and replacement of car radios, tape players, amplifiers and speakers. 53 [-e Ads 403757 First ~a;:en k>y t-ecRh~ 0'! /16/201~~ ~- t , -, . , _~ i ~_ G, ~~C; ,~ Wo_ic Last cnanc~ed by hec'~b 04/16/2012 C~.~? f. (71?) ~`,~' -2ci43 c`. ~55g Giaen ~~; ~F_H~r_b< Bnt,.r g DEnOFT-t a'i=.ET ~:F;- Start 0~'; 18%2D1' S~u~ 0=1/'_9'?012 J ELI:; ;g,r „_ Transient Bill Expir . Class 439 CARLISLE CARL'SLE, P.=: 17013 Index: TOYS, TOYS, ':'O`!S YP.RD SALE, APRIL 1 Ssbscr? D] Cols 1. Lines 9 Inches 0.78 Words 36 :3ox? N Pb# Code Rate Base-Chance Addl-Charge Total-Cost Ins Start Srep SMTWTFS MOB2 2.00 Applied 04/19/2012 FC 18.q~ Applied 04/19/2012 1 YS 1g.~;0 2.00 20.00 2 04/18/2012 04/19/20:L2 2111111 TO.A, AD COST 20.00 Payments: Da'~e Gneckn Amount Credit-Card-# Exp-Date Auth-Code 04'1?/201' -20.00 IVES .;TE 0.00 - _____ _. . Aa,~~ (~ 533 F_rs~~ yak _ :r/ necks 03/07 /?C ~-~ ~o'_E ;Lz ~ ;,0:00 'ry wolfc Last changed by heck: G~/0~/:'C ~ :-__ i• ;'7 5. :_343 Acc`~# 71558 Gi~.e~- b:;~ DEBOR~.ii FRt7N~~Er -0..., I: ,7Isc? ~ St~z r09r'2012 S~~o,~ 05;10!2013 E;,~? ~F L :. Transient Bilk Expir. Class 439 CARLISLE C'A_-?L S:,',?,, ?A 1701 a Inde:<:: ^O~'S, BIk:ES; TOYS YARD SALE, rLAY 10 ~ubscr~ S Cols 1 Lines 9 Inches 0.83 Words 33 Box? N FpY C'ccie Rate Brae-Charge Addl-Charge Total-Cost Ins Start Stop SMTWTFS FC 18.00 Applied 05/1G /2012 MOB2 2.00 Applied OS/1C /2012 1 YS 13.00 2.00 20.00 2 05/09/2012 OS%10/2012 2111111 7o"a.L an cos`i' 20.00 Payments: Date Check# Amount Credit-Card-# Exp-date Auth-Code C~~/G8 /:',012 -20.00 NE°' DUE 0.00 TOYS, BIKES, TOYS YARD SALE, May 10th, 11th & 12th, Sam-2pm. 25 E!m Drive. LT Gym, LT Red car, L ; picnic table, LT Workshop, various size bikes, pack-n-plays, highchairs, crib, riding toys.. swings t -;-_ Ad# ^_10353 _irst ..esker, ;y- <c__: -, :r; _ r - _- ' F~ _-____ is c % _L c_ ~'7 : uJ r- ~~_. c LcS~ Cnc:rly2d by ~ l'~__~ , ~ ,~ 17ti7) 7C1-943 Acc'.~ 71558 Given by DEBORP_~i B~?P:I:.3F_ DEBiJ~~I-: BE=T'dIc':? Star 05i?1!~Oii ~_;_ '~'-,D,_i20:,. Z ELt°'. DFI:,rr Transient Biil Ex;~ir. Class 439 CARLISLE CARLISLE, PA '_%OL' Index: BIKES, TOYS, BIKES YP~2D S.?+LE, NAY i Subscr? N Cols ]. Lines 9 Inches 0.83 Words 38 Box? t1 Pb# Code Rate Ba,e-C`.a:'ge P.ddl-Charge Total-Cost Ir_s Start Stop SMTWTFS MOB2 2.00 Applied 06/01/2012 FC 18.00 Applied 06/01/2012 1 YS :.8.00 2.00 20.C0 2 05/31/2012 06/01/2012 2111111 ToT.3L AD COST 20.00 Payments: Da _e Chei.k# Amount Credit-Card-# Exp-Date Auth-Code Oi30~'2u'_2 -20.00 NETT DUE G - 0 0 BIKES, TOYS, BIKES YARD SALE, N1ay 3 ,June 1 8 2, Sam-2pm. 25 Elrn Drive. Various size bikes from 14"-26", LT cars, Big Wheel, Riding Toys, High Chair, Walker, Bouncers, Pack-N-Play. All in good condition. All must go. ~r ~ L n c-~_ ~ 1~, ?_? a _ 09:00 by wolfs _<.- _ ~:_td ~c~y o:~a. -_ ~' /:_~ ; ..- t7:'.7 ~Oi-2`_14I Acc.a 71558 Gig er b~ IiEBORAi'. E'1Il ~._- L'1=BCE _'. E3EIIZEF .~~-rt OE,:.3/2Cr1L ;t ox- U -'1`'2012 %5 ?I-M UFT_~F TrGn:;ienY. Bi_1 F.xpir. Close; 4~9 CAFZL,I:SLE CAIkISLE, Fh. 170 ~ Inoex: BIKES, TGSS, BIkF.S S"ARD SALE, JUNE Sub~cr- Iy Cols 1 Lines 9 Inches 0.8~ taords 39 Box? N Pbr Code Rate: Base-Ch+sge Addl-Charge Total-Cost Ins Stcrt Stop SMTWTF'S MOB?. 2.00 Applies G6)15/2012 FC 2 .C0 Applied 06l15i2012 _ YS ?".00 2.00 29.00 3 06!13/2012 06/15/2012 2111111 TO"_A_L, AD COST 29.00 Payments: Late Check# Amount Credit-Card-# Exp-Date Auth-Code C5/i3i~Gi2 -29.00 NET DL'S 0 - 00 BIKES, TOYS, BIKES YARD SALE, June 74-16, Sam-2pm. 25 Elm Drive. Various size bikes, LT kitchen, wagon, LT cozy coupe, LT workshop, LT John Deere tractor with cart, LT table & chairs, riding toys, high chair, pack-n-play & more. i~ NorEh Middleton Township Board of Supervisors May 31, 2012 The workshop meeting of the North Middleton Township Board of Supervisors was held at the Township Municipal Building, 2051 Spring Road, Carlisle PA on May 31, 2012. Chairman Robert Reisinger called the meeting to order at 6:00 p.m. Board members present were Vice Chairman Harry Kelso, Supervisor James Hare, Supervisor Pat McDowell, Supervisor David Smith, Solicitor Mark Alishouse, Manager Deborah Ealer, Police Chief Doug Reitz and Recording Secretary Lori Coleman. Visitars: see attachment # 1. Visitars: Deborah Brenizer of 25 Elm Drive stated she was a widow that lived on disability and social security. For the first time in six year, Ms. Brenizer was approached by Mr. Lao concerning two complaints that Ms. Brenizer had excessive yard sales. Mr. Lao indicated to her that it was a nuisance and he had to complete afollow-up. Ms. Brenizer stated she advertises her yard sales via The Sentinel and provided a copy of all her advertisements that were posted by date and year. Ms. Brenizer stated she holds yard sales as a hobby and added the funds she; makes are used to pay her yearly property taxes. Also, she is.helping many people in this bad economy by selling reasonably priced merchandise that most people could not afford to purchase brand new. Mr. Lao suggested she sell her merchandise at flea markets, but she is unable to do s~o due to her disability. Ms. Brenizer asked the board for an exemption from the ordinance or be grandfathered in since she has received no complaints for the past 5 years. James Gaddi of 25 Elm Drive spoke on behalf of Ms. Brenizer. He indicated Ms. Brenizer has been holding yard sales for the past few years and uses the funds to pay her taxes. He added the yard sales are not a business but more of a hobby. Supervisor McDowell asked how many years she has held the yard sales. Ms. Brenizer stated 6 years in North Middleton and 6 years in Elk County. She stressed the merchandise is not junk but good reusable items. Supervisor Reisinger noted the board would look into it and respond to her accordingly. Mr. Gaddi stressed they were looking for consideration and compassion from the board. He added they were just trying to make an honest living. Susan Blackburn of 238 Clearview Drive has lived in North Middleton fir 14 years. She spoke with Ms. Ealer and Chief Reitz concerning a noise situat'son in her neighborhood. Since a noise ordinance does not exist, Ms. Blackburn explained she had no form of recourse. Ms. Blackburn has a neighbor that drums on a full trap set in his shed behind his home. It is about 60-70 ft from her home. T'he neighbor drums every day from 1-2 hours per day, but tries to be completed by 9:30pm. When he drums, Ms. Blackbum noted the noise radiates through every room in her home. For the past two summers, she has not been able to sit outside in the evening because of the drum serenade. Ms. Blackburn spoke with the neighbor when he began the drumming and she was assured he would be done by a certain time. The neighbor added he would sound proof the shed which never occurred. When the noise began this year, Ms. Blackburn asked the neighbor again to tone down the noise. She feels likes the noise is beating her out of her home. She finally called the police on Wednesday evening. Since a noise ordinance does not exist, Ms. Blackburn stressed she has no recourse. Her only option is to file a civil case or constantly call the police department. Ms. Blackburn was before the board this evening 'to consider a noise ordinance. She stressed it would make it easier for the police department to enforce. Overall, Ms. J •~ NORTH NaRTH M I DDLETQN TC~WNSI~ I P IIDDLETO 2051 Spring Road, CarlislE~, PA 17013-1059 OWNSHI OFFICE (717) 243-8550 • FAX (717) 243-1135 • POLICE (717) 243-7010 Deborah L. Brenizer 25 F..Im Drive Carlisle, PA 17013 Date: 6-14-2012 NOTICE OF VIOLATIO:~ THIS IS A NOTICE ONLY, NOT A CITATION After a reasonable site investigation the following vialation(s) were observed on this site: Address: 25 Elm Drive Parcel #: 29-14-0868-047 Date Violations(s) Observed: 5-29-2012 & 6-14-2012 Chapter 204 Zoning Article III General Provisions Section Number: 204-302 (Accessory Uses & Structures 204-302 D (Garage/Yard Sales) _X Garage/Yard Sales: Within any zone. An owner, occupant or both may conduct up to four garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Sales shall be limited to personal possessions. Only two six square foot signs shall be permitted advertising the garage/;yard sale. In no case shall any aspect of the sale be conducted in a street right of way, except that parking may occur where permitted. The conduct of garage sales beyond the exi:ent described herein represents a conunercial business and requires appropriate zoning aui~horization. Description/®ther: It has been reported to the township that you have bad at least six garage/yard sales this year. When we spoke on 5-29-2012, you admitted to having a lot more than six yard sales this year. You also agreed not to have any_further yard sales after the week end of June 1, 2012. You hcrve been given a copy of tlae N.NfT Ordinance 204-30.2D, which defines what is permitted. We spoke today of the garage safe yota presently have set for this week end. This is a violation of this ordinance rand subject to the below described enforcement remedies. NORTH NpRTH MIDDLETaN T®~l111N~HIP iIDDLETO OWNSHI 2051 Spring Road, Carlisle, PA 17013-i0Fi9 OFFICE (717) 243-8550 FAX (717) 243-1135 POLICE (71 r) 243-79iC9 A complete copy of the above marl;ed violation(s) are available for review on the North Middleton Township website (nmiddleton.com) or the township office located at 2051 Spring Road, Carlisle, PA. Area of lot that violation(s) is/are occurring facing the lot from the street, lane or° alley X Front Yard ___ Left Side Yard __ _ Right Side Yard Rear Yard The above violations must be abated by: __~_ 5 Days Days 10 Days Contact Codes Officer Photos of violation(s) attached. Photos of violation(s) not attached. Article VII -Administration 206-701 Administration & Enforcement; Violations & Penalties 204-701D. Enforrement remedies: Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance enacted under the Act or prior enabling laws shall, upon being found lia~ole therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. iVo judgment shall commence or be imposed, levied or be payable until the date cif the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgrent pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, ~~nl~ss the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there s!-gall be deemed t:o have been Of1iV one such violation until the fifth day following the date of the determination c7f a violation by the District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the caning Ordinance shall be paid over to the Township 204-701 E. Causes of action. in rase any building, structure landscaping or land is or a pr~.~posed to be erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this Chapter enacted under the Act or prior enabling laws, the governing body e~, with the approval of the governing body, an officer of the municipality or any aggrieved 2 NORTH N®RTH MIDDLETON TOWNSHIP IDDLETO OWNSHI 2051 Spring Road, Carlisle, PA 17013-10:59 ~~ OFFICE (717) 243-8550 FAX (717) 243-1135 POLIt~E (717) 243-71310 owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institutE~ any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun kay serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given. Please contact the North Middleton Township Codes Officer if you have any questions o;~ request for a reasonable time compliance extension. Sincerely, Rube Lao Codes Officer North Middleton Township '~. ~: ; .. < < ,,, tr. ,. , 1 - •'C ~ i lei ~ .. rn r , ~ ~ ~ ~ ~, , . . `r--- i r-^ ~ ~ r s_, ~ _ a~ ~ ~.' it ? ~ ~ ~ ~ ~ ~ ~nn~ ~ ~ ~ ,_ ~_ __ ~ ~ ~,~~ . ;. ,~ ~ ~ ~ - y ~ ~-a Deborah L. Brenizer ~~ --a ~~ 25 Elm Drive ~~~ ~ . Carlisle, PA 17013 r~- ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. e I~rint your name and address on the reverse :>o that we can return the card to you. ^ Attach this card to the back of the maiipiece, or on the front it space permits. 1. F,rt~cle Addressed °o: Deborah L. Brenizer 25 E(m Drive Carlisle, FA 17)13 A. Signature X ^ ag ^ Ad Bc Received by (Punted Name) G. Date of t D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No enr d_ressee ~~>fivery 3. Service lype _____. ~^ Q Certified Mail ^~Ex{Sre s Mail ^ Registered ~ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? {Extra Fee) ^ Yes 2. Article Number E [j ]s ~+ ~r 5 ~ ~ Q ~ ~ ~ ~ r' ~ ~~ 4 ~ ~i ~ - --- (1Pansferfrom service label) PS Form 3811, February 2004 Domestic Return Receipt iozs~s~~z Fen ~, ,r, ~# 12-003915 COMPLAINT REPORT' Page No. 1 07/12/2012 COMPLAINT Nt7MBEF.. - > 12 - 0 0 3 915 Received bye PETER CASTLE Date/Time received: 07/12/2012 @ 10:20 How received: STATION ~~~JALK ON Time dis~atr_hed: 10:20 Time arrived: 10:20 Time cleared: 10:28 COMPLAINANT -> RUBEN L.~1U NORTH MIDDLETON TWP CODES Address: City: CA?.LISLE State: PA Zip: 17013 Phone: (71i TYPE OF COMPLAINT -> TWP ORD VIOLATION Nature of REQESTED I STOP AT 25 ELM DRIVE AND WARitif DEB BREN=CZER OF complair_t VIOLATION AND GIVE HER A COPY OF WARNINC7 LETTER ALREADY SENT TO HER. SPOKE TO HER AND ADVISED OF POSSIBLE CITATIONS FOR FUTURE YARD SALES. How handled: Officer visit Location code: ZONL,3 Location dispatched: 25 ELM DRIVE Officer dispatched: PETER CASTLE TIME ANP_LYSIS Queue time <time received to dispatched> = 0 minutes Travel Mime <time dispatched to arrived> = 0 minutes Response time <time received to arrived> = 0 minutes Action ~_ime <time arrived to cleared> = 8 minutes ,ti ~y NORTH ~1Q~.~H I~I~DLET~N TC~VUH[~ 11DDLETO OWNSHI 2051 Spring Road, Carlisle, PA 17013-1059 OFFICE (717) 243-8550 • FAX (717) 243-1135 POLICE (717) 2-^.~3-~~? i ... _r~ July i9. ~?C~12 ly ~s. J;;borah Brenizer fvie. James t~eddi 25 Ei+-n C~ri~re Carlisle F'A 17013 Deg r l~~ls. Brc-niter a=nd Mr. Geddi: I Ills letter P$ Vdritfe~l fn response t0 your hind-dc:ll've`ied C£.sr reSpi7ndellce dafet;l Jiaiy 9, 20'12 i his letter is to correct some of the m:iscoPilrnunication artd rr:isunderstanding ~n~hicll n"say have oca.Prred and resulted in the numerous inaccuracies contained within your letter. i=ii sf, you have questioned the accuracy of the inform+ation provided by our solicitor. Specifically, you question his statement that the Board of BupePVisars does not have jurisdiction to gram a variance or «,~aiver of a honing Ordinance. Secion 909.1 of the I~~unicipaiifies Planning Code states that "The ~oniilg Pleating Board has e~~6~s€~e jurisdiction fo he:ar ~Pld render final decisions on (3) Gppeals frorn determination of the coning officer, including The granting CAP" denying Oi' any pel"mit....a1ld (5) application for variances frcnl the ter;~ns of a honing Urdinance....and (6) applications for special exceptions under a toning Ordii~+ance." i~he Ordinance dealing with yard sales is, indc-ed, a l~orih fviiddiefon ! ownship ZOfiing Crdr'slarlCe and, Therefore, the Board of Supervisors has no authority to vt~aive its provisions. ~ cop, of 4ection 909.1 of the P,!lunicipalities Planning Code is attached heP"eto for your referenc~w. Second, you were never advised that fhc- Board did not know ho~rv to do aPl exernpfion, but t'r+af the 3oard does not have legal authority To grant an exemption. t~eifher the solicitor nar the Board %'i Supei'vPSGrS in cny way ~"v'Ishes t0 prevent yC'a (ror~ requesting ail excep'PoPI. TI".e solicitor was nlerehy directing you to the Toning i-;eating Board because under FePlns~;~IvaFlia Sfiate La+.~, ~~llaT is the proper aufhoP"ify from vd~hich thGt excepTion or ~raaiver is granted. ~ bird, your conclusion that you were lied to is completely inaccurate. In additi~~r;, if yGu ~,1~ill recall, prior to Attc.rney Allshouse speaking, if wlas Supervisor Kelso uvho raised tl-~+e iss+!e tf+aT file Boy-;rd did not have authority to grant ya~!r exemption frorrr a Zoning Crdinanc~~=. f`~•tP~°. ESelso tf'2n asked Solicitor Allshouse to confir P tl his statement. FouP"th, neither (~.~r. Lao nor At~torPley Allshouse rec+eive any ccrnpensation direwTy related to r+fa.~.ters referred To the Zoning {wearing Board. In fact, l~,'4r. Allshouse, as solicitor for ihc: Boatel o= ~3upervisors; also has no jurisdiction befo!"e ~ihe Zoning l~earind Board, ~wilici"~~ is its owfl sLparate I3oGrd o~~~ers e~eing zoning and tivhicil has its o~.nrn solicitor, P~Picllaei Runde, B-sc;~ ~i?~. ii y-cu `reel that the inr'ormafion ~.vhich I 'nave pro~,,~id~:d above and :attached here':, somehow inaccurate, you are P11ore than 4~feicorrPe To have your attorney or one c~i• the j~..°iv~ s contact the solicitor directly to discuss file ma?ter. ~1nJith retard to your complaints with the Kings(~rook; area, please b2 ads<ised th_~t the Zod,i~~ ~~~~irer vviil review the accurac,~ of your compiaint and tai:e those steps uvhich a,-e d°e{~~e~l necessar}~ to ensure compliance v~riii~ (north (~fiddEefion i o~~vnship Crrdinances. ~.~tiiYli?~ U,`~ Can l~nd~:.rstc,nd your frustrat!on VU{til reCv!ving {naCCUrcifie {nT`Grlilatiorl, i:l"lc' inacc:~racy lies in the information of those vvl~!o were d got present before i`he (3oard o ~upe~ visors. i his leiier conclusively states the hoard's position with regard to Phis ~-!?ai:er ?nd, there ore, shouici you ~rvish io continue seei:ing a variance o{-special e;;ception to a Zor~inr Ordina!~ce~ o{ ~lorth Middleton i ownship, That mailer should he pursued by application 'io t~-!c- f~.ro{-th ~~~iddieton i ownship Zoning Hearing Board. i~espectfuli}r s,~ {b!7tittCd, k~cborah ~,. Eaier, l~o€ ~:h (Middleton Township (ti~anagQr l` l ~ ;~~.~ ~~i ~~~~ ~ __ 4ohert A. Reisinger, Chairman, (~of ih 6V'41ddleton i ovvnship E3oard of Supei-vise,rs (5) Identifying all parties ~.nd affording them the opportunity to participate. (6) Subject to legal restraints, determining ~,~~hether some or all of the mediation sessions shall be open or closed to t;_e public„ (7) Assuring ti-_at mediated. solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forfh in the otl:.er sections of this act. (c j No offers or statements made i_n the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings. ~QCti®n 509 I3oa:,d9s Furlsti~ons: Appeals from tlae ~©r~iin~ Officer. (909 repealed Dec. 21, 19°8. 1'.I.. i319; No.170) ~ectl®n 9639.Y. da~?•Esdflctiom. (a) The zer.ing~ hearing board ;;hall have exclusive jurisdiction to hear a:~:rd render final adjudications in the fo1_Iowing matters: (1) Substantive challenges to the validity of any land use ordinance, except those brought before the govenlin~ body pursuant to sections 609.1 and 916.1(a)(2). 12) Appeals fri~m the determination of the zoning officer, including.. but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order ar the registration or refusal to register any nonconforming use, stnzcttlre or lot. (3) Appeals ::r~~m a determination by a municipal engineer or the zoning officer with reference to the: administration of any flood plain or flood hazard ordinance or such provisions within a land use; ordinance. (4) Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or Bach prop. isiol-s within a land use ordinance, pursuant to section 910.2. !;5) Applications for specic.l exceptions under the zoning ordinance or flood plain or flood hazard ordinance or such previsions within a land use ordinance, pursuant to section 912.1. (6) Appeals from the determination of any officer or agency chiarged with the admi;zistratien of any transfers o+' development rights or performance density provisions of the zoning ordinance. (7) Appeals fr~~m the zonvrQ officer's determination under section 516.2. (8) Appeals frt~m the determination of the zoning officer or municipal engineer in t]7e adrninistratio:t of any tans use ordinance or provision thereof with reference to sedimentation and erosion control ar,d storm wat~: r man_~gement insofar as the same relate to development not involving AiGi~~.le ~~ or Vl~T ~~, app~~~~at~or~s. (b) 'The goy-er~iirig body or, except as to clauses (3), (4) and (5), the p1_a;7ning agency, if designated, sha.ll_ have exclusive jurisdict~~on to hear and render final adjudications in the following matters: (1) All appli~~.tions for approvals of planned residential developments under A~ iicl~~ VZ pursuan t to the pro•. isio~cs of section 102. (2j A.l1 appli~~aions pursuant to section 508 i:or approval cf subdivisions or land de~,~elopmenis unde~.- r",.rt_clc ~%. any provisi~~n in a subdivision and Land development: ordil-tance requiring that final a.ctioi, concernin~~ subdivision and land development applications be ta1_~en by a planning age_ZCy rathzr tha_i the governing body shall vest exclusive jurisdiction in the pla7r?ing agency in lieu of the gocenliog body for purposes of the provisions of this paragraph. 80 (3; Appli.eations for conditional use ender the express provisions of the zoning ordinance purl aan~ to sec,.ion 603(c)(2). (?) Apl;lications for curative amendment to a zoning ordinance pursuant to sections 609.1 an o. ~~16.1(a)(2}. (5 i All petitions for amendments to land use ordinances, ptusuant to the procedures set forth i:n section 609..~ny action on such petitions shall be deemed legislative acts, provided that nothing contained in ibis clause shall be deemed to enlarge or du7inish existing law with reference to appeals to cou:1_ i6) Appeals from the determination of the zoning officer oz the municipal engineer in the administration of any Land use ordinance or provisions thereof with reference to sedimentation and erosion control and stone water management insofar as the same relate to application for land cevelopment under Articles V ar..d VII. ~~v'here such determination relates only to development not involving an Article `,~` or VII application, the appeal fiom such determination of the zoning of icer or the municipal engineer shall be ro the r_oning hearing board pursuant to subsection (a}(9}. Where the applicable land use erdinarlce vests jurisdiction for final administration of subdivision and. land development applications in tl-.e planning agency, all appeals fom determinations under this paragraph shall be to the planninII agency and iii appeals fro~zi the decision of the planning agency shall be to court. (7) Applications for a special encroachment permit pursuant to section 405 and applications for a permit i;ursl.ant to section ?06. Seetl~ra 91(). L~aard l±aaar~i:i®ns: ~:lsallenge t® tla~ ~Jalidity €~f any (h•dinan~e ®r l~ialr. (9I0 repea.l_d I)ec. 21, 1988. P.L.1329, No.170) ~ectiara'~~3©.i. Appli~213ility ®f Jrldlciafl Remedies, Nothing contained in this article shall be cons^ sued to deny the appellant the right to proceed directly to court where appropriate, pursuant ~`o the Pennsvlv~~~ria Rules of Civil procedure No. 109?. (relating to action in mandamus). ~ectic~n a 0.~, ~,©~arag I~e~~ring fl~4axd's Fs~r~tiorDS9 Va~-ianses. (a) The r~oard shall hear requests for variances where it is alleged that the pro~zsions of the zoning ordinance inflict unnecessary hardship upon the applicant. The board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The board may grant a variance, provided `hat X11 of the follo~~~ing findings are made where relevant in a given case: (1) T!~at the~~e are unique, physical circumstances or conditions, including irregularity, narrotivness. or sballovn~ess of lot size or shape, or exceptional topographical or other physicc~.l conditions pzcul.iar to the par'icular property and that the unnecessary hardship is due to such conditions and not the eircum- st<nces or conditions generally created by the provisions of the zoning ordinance in the neighh,,~rh~~od or distric? in which the property is located. (2) Teat because of such physical circumstances or conditions, there is no possibility that the pro}ierty can ~,~e developed in strict conformity with the provisions of the zoning ordinance and that the authorization of ~~ varia~~ce is therefore necessary to enable the reasonable use. of the propert.,~. (3) That suci~ unnecessary hardship has not been created by the appellant. (4j That th~~ variance, if authorized, will not alter the essential character of file neighborhood or district in ~~I1icr:~ the property is located, nor substantially or permanently impair the appropriate use or d~:~~e1- c+pr_rent oa~ adjacent property, nor be detrimental to the public welfare. (5) Th~a tha va~~i2_nce; if authorized, will represent t_he rr?iziirmtnn variance. chat will afford relief aP_d ~~-i'1 rep~ese;lt ~rhe 1_east modification. possible of the regulation in issue. 81 NORTH ~ I~IC~~.TH M I DDLET®N TC~WhI ~ ~ I IIDDLETO 2051 Spring Road, Carlisle, PA 17013-1059 o~Y'MJ~I QFFICE (717) 243-8550 FAX (71 %) 243-1135 POL.fCE (717) 243~0~'C' e orah L. Bremaer lm. Drive Carlisle. PA 17013' Date: 9-7-2012 NOTICE OF VIOLATION(S) THIS IS A NOTICE ONLY, NOT A CITATION After a reasanable site investigation the following vialation(s) were observed ora this situ Address: 25 Elm I3rive Parcel #: 29-14-0868-047 Date Violations(s) Observed: From 5-29-2012 to 9-4-201.2 Article II Zoning Regulations Chapter 204 Zoning, Section 203(B} Permitted Uses in the Low(Medium Density Residential Zone (R-1) 204-203(B) Zone R-1 Permitted Uses Violation _X_ 204-302 .D (Garage/'Yard Sales) Violation _X Article VII -Administration 206-701 Administration & Enforcement; Violations ~ Penalties 204-701 t~ (1) (Violations) _X Description/®ther: On June 16, 2012, you signed for and received a legal violation notice from North Middleton Township informing you that it is a violatio~a of North Middleton 'Township Ordinance 204-302 (D) to have more than four (tl~re~3 day) yard sales per year. 7'o conda~ct garage/yaYd sales be~o~ad thds ~•ep~°es~ea~t;s c c®~nr~re~°caa.r business c~nd a~equif°es the app~op~°iate zoning ac~thoa°a<:ation. You havF continued to have these garage/yard sales even after being told verbally and via. the legal violation notice that you are illegally doing so. Per North Middleton Township Ordinance 204-203(13) this type of commercial busi_oess is not permitted in the Lo~v/Med:iL~m Densit•~ Residential done R-1, known as North Middleton To~vnsliip Ordinance Chapter 204, Section 203(B). It is a violation of h~rorth Middleton Township Ordinance 204-701 (C) to not get a honing Permit for the change in ~as~ ~f y€~ur prope,~°ty. • NORTH ~ ~~_ ~~ f~ f D D L ETA N TC~UIC [~ ~~ f IDDLETO OWNSHI 2051 Spring Road, Carlisle, PA 17013-1059 Of=FICE (717) 243-8550 FAX (717) 243-1135 POLICE (717) ~~~~-~f~aiC A omplete copy of the above marked violation(s) are available for review on thw North Middleton 7,ownship website (nmiddleton.com) or the township office 18:a€„ated at 2051 Spring Road, Carlisle, PA. Area of lot that violation(s) is/are occurring facing the lot from the street, lane i~~r alley: X Front Yard Left Side Yard __ _ Right Side Yard Rear Yard The al;~~a e JloIatiio3is mllst be abated by: __` 5 Days Days ___ _,_ 10 Days _X_ At once ____ Photos of violation(s) attached. __ ~_ Photos of violation(s) not attached. You have received prior photos of the violations. § 204-701. Enf®rcement; Vi®lati®ns and Penalties. 20~-701(D) Enforcement Remedies: Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance enacted under the Act or prior enabling laws shall. upon being found liable therefore in a civil enforcement proceeding commenced by the township, pay a judgment of not mare than $500 plus all court costs, including reasonable attorney Fees incurred by the township as a result thereof. No judgment shall commence or be unposed, levied or be payable until the date of the determination of a violation by t~k~e District J>>stice. If the defendant neither pays nor timely appeals the judgment, the tovrnship may enforce the judgment pursuant to the applicable rules of civil procedure. Each da.y that a violation continues shall constitute a separate violation, unless the District Jc:~stice dete:rn~ining that there has been a violation further determines that the°re was a ~~,c>d faith basis for the person, part~lership or corporation violating the ordina~~ce~ to have believed that there was no such violation; in which event there shall be deerdi~d to _h_ave b~sen only one such violation until the fifth day following the ~~.ate of the dote, inin~~tion of a violation by the District 3ustice, and thereafter, each day that Vlo'atioil =continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordit~ance~ shal~i be ~~~d ovc°~r to the tov~nship. please e~o~l~act t g~orth IVIiddleton Township Zoning Of~icer i%you ha~~e any d~.estioirs. S,~r~c~ =~~~~~` 12ub~~ L,ae~, Zoning officer, North Middleton Township 2 '• (Domestrc Mail G ~~ For delivery inform, .. .A (~- Postage ~~ _ $~ - C~:rtifietl Fee ~ ~J (~ ~ ~ O p Retum Receipt Fea (Endorsement Required) __ - 'i ~ ~~ Post . Q ~ Restricted Delivery Fee (Endorsement Required) _~ .~ ----~-°-~___..~ R ` - 1 ~ '' Q . . T"t3' P°` CJebQrah L. Brenizer ru ser,rr° 25 Elm Drive ~ Sheet,-Apt Carlisle, PA 17013 '--- ~ . or PD 6ax City StaEe, `-' s ^ Complete items 7 , 2, and 3. Also complete item 4 ff Restricted f~elivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this the back of the mailpiece, or on the fro .space permits. 1. Article Addnasse~to': - Deborah L izer 25 Elm Drive Carlisle, PA 17013 ~~~ G- ^ Agent ^ Addressee B. Received by (Printed Name) C. Date of Delivery >~ ~ ta,~-eov,z,~ P 10 1011 D. Is delivery address. different from Rem 1 T ^ Yes If 'YES, enter delivery address below: ^ No 3. Service Type G~ettlfled Maii ^ Mail ^ Regd ~~'Retum Receipt for Merchandise ^ Insured Malt ^ C.O.D. 4. Reastricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7 CI 12 0 4 7 [l X 0 2 17 6 0 8 6 7 8 (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 VERIFICATION 1, i2uben 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 l~ Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~C~11C/Zt~i`Z, NORTH MIDDLETON TOWNSHIP ~~ By: ~ ) ------ - uben ao Codes Enforcement Officer r~ NORTH 1`/IIDDLE"TOWN TOWNSHIP, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v. DEI30RAH L. BRENIZER, DEFENDANT NO. 12-6187 CIVIL TERM CNIL ACTION - LA W CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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: Deborah L. Brenizer 25 Elm Drive Carlisle, PA 17013 Date: ie`'~?.Z~Z(?j~ rk W. Allshous , Esciuire tty. I.D. # 78014 4833 Spring Road Sherman Dale, PA 17i'J90 (717) 58~!-4006 Attorney for Plaintiff ~1or~-!, rY1~~~1~1e~,r~ 1 U1}~ ~o- 1Z-(~,I~7 W _ ~S C~`~~~ ~r~i ~~ ~ Oaf ~ I-~ ~ Y~ n r Z-e IZ / . . ~~~~~~ 1 .ti/~ i '`" / }- ~~ N t- c ~ ~ 4-~~~~~~ ~ ~ ~ ,J ~ / ~ ~ ~^ Q~ s~ C~G~ ~~-!' y ~ .._.w a ~~ iil~~ Y/J~ ~D %~~ ~~1,0 O`er l~G~~,~ is i~=Uj/ ~, ~~ NORTH MIDDLETOWN TOWNSHIP, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA -~; • .ate R.., ---~ v. NO. 12-6187 CIVIL TERM ~ ~ ° ~,.'-R r- ~ ~,,, rv ~ c:~ c DEBORAH L. BRENIZER, .` ® ~ ~, DEFENDANT :CIVIL ACTION -LAW ~~ ~ `~ ~' TyC tv r:~ -- j fJR MOTION FOR STATUS. CONFERENCE PURSUANT TO Pa. R.C.P. 212 "`' ~.~ AND NOW, comes Plaintiff, North Middleton Township, by and through its attorney, Mark W. Allshouse, Esquire, and respectfully moves this Honorable Court to schedule a status conference in the above captioned matter and in support thereof avers as follows. On or about the 22°d day of October, 2012, pursuant to a Rule to File Complaint issued by the Prothonotary of Cumberland County, Plaintiff filed a Complaint to the above-referenced case and number. 2. Defendant is representing herself, pro se. 3. Thereafter, on or about the 14th day of November, 2012 after receiving no Answer from Defendant, Plaintiff issued the Important 10-Day Notice advising Defendant of her need to file a response in the matter. 4. In response to the 10-Day Notice, Plaintiff received the attached statement which could, arguably, be construed as Defendant's written Answer to Plaintiff's Complaint. (See Exhibit "A" hereto.) 5. While the attached statement violates several Rules of Civil Procedure including, among others, failure to admit or deny each allegation, failure to respond in corresponding paragraphs, failure to provide sufficient specificity in which to file a responsive pleading; the "gist" of the statement seems to state that Defendant does not wish to appeal Judge Fegley's ruling, but is seeking additional, separate/other assistance from the Court. 6. While the undersigned could certainly move forward with a Motion to Strike the pleading as non-responsive, doing so would not only create additional time and expense to North Middleton Township but would, likewise, further frustrate the Defendant and likely expend the Court's valuable time. 7. As a result of the foregoing, the undersigned is seeking a status conference with the Court while reserving the right to file a Motion or response to Defendant's statement attached hereto following the Court's direction as a result of the status conference. 8. Plaintiff believes that judicial economy and efficiency for Plaintiff, Defendant and this Court could be best served by obtaining an understanding of the relief which Defendant seeks and the appropriate Court Order and direction thereafter on how the parties should proceed. 9. No Judge has previously ruled on any other issue related to this matter in the Court of Common Pleas of Cumberland County. 10. This Motion is being filed after notice to and consent of the Defendant. WHEREFORE, Plaintiff respectfully requests a status conference pursuant to the attached proposed Order. Date: il~~~~~~i2 s~ ark W. Allshouse, squir Attorney ID #78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorneys for Plaintiff Exhibit "A" Nov, ' 9. 2012 11; O7RM ^~ r _ ~1ot~-~, rY14~~11e~O~ ~ l ~,tl~ ~o- 1 Z~C~ ~~~ ~~ C r ~' M ~r~1 ' ~~~ O~'~J-~ ~ Y~en~ ~.-e lz. . _ 1 - ~--- -_ - ~ - ~/v Z - ---- ..~__~.~...._ - ---- i ~~ __... - - _ i ~ ~ ~ - Q.z ~ ~ ~ - - ------ ~~ ~,., -,.._... ~ ~ -~° ~ _,f _ - _ q ~ Cr-r ~ .... __ ., --- c'~~ /(/ r i - ~v ~ ~ r ___JGr ~G~/}~'jL ___ C/ " L/ ~ ~ f NORTH MIDDLETOWN TOWNSHIP, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DEBORAH L. BRENIZER, DEFENDANT NO. 12-6187 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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: Deborah L. Brenizer 25 Elm Drive Carlisle, PA 17013 Date: 1 ~ ~Z1 ~20~ 2 ~ ~ '~ ark W. Allshouse, squire tty. I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff