HomeMy WebLinkAbout12-7606NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
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NOBUE SHELLER., ~~ r*~
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An Incapacitated Person ~ z r.,
Defendant :MUNICIPAL LIEN ~~ ~. ~.
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MUNICIPAL LIEN ~ ~,
North Middleton Township files its claim in the amount of Twelve Thousand Nine
Hundred Nineteen and 50/100 Dollars ($12,919.50) as of December 12, 2012 and sets forth in
support thereof the following:
Claimant is North Middleton Township, a Pennsylvania municipality, having its
office at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013-1059.
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.
4. The property against which the lien is filed is 2056 Spring Road, Carlisle, North
Middleton Township, County of Cumberland, Pennsylvania 17013
>. The authority under which this lien is filed is the Municipal Claims Act of 1923,
as amended.
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6. The municipal lien is filed to secure principal and interest for unpaid costs and
work performed on the property between August 27, 2012 and November 30, 2012, including the
demolition of a condemned residence, thereby abating a nuisance anal violations resulting from
the declaration of a building unsafe for habitation pursuant to UCC article 14, Section 403.84(a).
7. The Nuisance Law was properly established and enforced by North Middleton
Township, being the lawful authority to do so under the Second Class Township Code and other
acts and assembly of the Commonwealth of Pennsylvania which govern such matters.
The abatement of the nuisance was performed pursuant to an Order of Court dated
the 27t" day of June, 2012 thereby authorizing North Middleton Township to demolish the
structure, abate the nuisance and place the instant lien against the property. A copy of the
Court's Order is attached hereto and made a part hereof as Exhibit "A".
WHEREFORE, North Middleton Township hereby does place an in rem lien against the
above-referenced property in the amount of $12,919.50.
Date: ~.~ f l~ o~Dl,~~,
Respectfully submitted,
W. Allshous
iev ID # 780
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Solicitor, North Middleton Township
Exhibit "A"
IN RE:
NOBUE SHELLER,
An Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-12-0085 ORPHANS' COURT DIV.
IN RE: PETITION FOR RELIEF
ORDER OF COURT
AND NOW, this 27th day of June, 2012, upon consideration of North Middleton
Township's Petition for Relief, the Answer filed by Mark Bayley, Esquire, who was
Nobue Sheller's previous court appointed attorney, and the Court noting that on March
1, 2012, Nobue Sheller was found to be an incapacitated person and that the
Cumberland County Aging and Community Services was appointed Permanent Plenary
Guardian of her person and estate, and that the Guardian chose not to file an Answer to
the Township's Petition for Relief;
IT IS HEREBY ORDERED AND DIRECTED that:
1. North Middleton Township, pursuant to and in accordance with the Second
Class Township Code, may proceed to demolish and raise, and thereby abate the
public nuisance and hazard created by the existing nuisance structure located on the
property of Nobue Sheller located at 2056 Spring Road, Carlisle, Cumberland County,
Pennsylvania 17013. ;,,
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2. The Township may thereafter, pursuant to and in accordance wit ~~ ``- ~:
Class Township Code, file a lien, in rem, against the property to recover the'ts of N Y ' ~~
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abating the nuisance on behalf of the taxpayers of North Middleton Township,
Cumberland County, Pennsylvania.
By the Court,
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M. L. Ebert, Jr.,
Mark W. Allshouse, Esquire
Mark F. Bayley, Esquire
Anthony L. DeLuca, Esquire
NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
DEUTSCHE BANK NATIONAL TRUST
& COUNTRYWIDE MORTGAGE CO.,
Defendant :MUNICIPAL LIEN
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
Date: ~i~./13(a~~I~.-
M k W: Allshouse, Es ire
orney ID # 78014
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Solicitor, North Middleton Township