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Home My WebLink About05-0872NORTH NEWTON TOWNSHIP, Plaintiff vs. TAMMY HALVERSON and ROBERT SIMMONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005- V:) CIVIL TERM CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NORTH NEWTON TOWNSHIP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005- CIVIL TERM TAMMY HALVERSON and ROBERT SIMMONS, CIVIL ACTION-LAW Defendants COMPLAINT 1. Plaintiff is North Newton Township, a township of the second class located in Cumberland County, with offices at 255 Ott Road, Shippensburg, Cumberland County, PA 17257-9513. 2. Defendants are Tammy Halverson and Robert Simmons, both adult individuals and residents and owners of a tract of real estate containing their dwelling located at 752 Shippensburg Road, North Newton Township, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "property"). 3. North Newton Township, by ordinance number 83-3, requires the owner of any new building being constructed in the township to first obtain a building permit. 4. Defendants, or one of them, have constructed two buildings on the property without first making application for and obtaining a building permit. 5. North Newton township officials have notified the defendants on multiple occasions of their obligation to obtain a building permit for the buildings although already constructed and occupied, including a letter sent to them from the township dated July 14, 2004, attached hereto as "Exhibit A." 6. On September 22, 2004, the defendants received the letter attached hereto as "Exhibit B," which letter further notified the defendants of their non- compliance with the ordinance and their obligation to obtain a building permit. 7. Defendants have failed and refused to obtain a building permit. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court enter decree: a. directing the defendants to vacate the structures on the property which have not been authorized by the township through a building permit; and, b. requiring the defendants to obtain a building permit for the buildings, prior to further use of them; C. require the defendants to demolish the buildings if the defendants refuse to obtain a building permit; d. refund the township the costs of this suit including attorney's fees; and, e. order such other relief as is just. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date; cirvar`? ?S, Z??S " f Michael A. c?, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirinnt/halverson.simmons.com VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 2 j Zen 5' Robert E. Smith Date:J?.i J. Glenn Glesner Date*jo Bradl y Spahr Saded=7/zWMW1r NonakL. Myra 25SOttRoad Shlppaobarg, PA 17157 (717) S32,9 72 (777) 776-7665 Par (717) 4774W Sapa virors Robert K Smith J. Glenn Glesner Bradley W. Spahr July 14, 2004 Ms. Tammy Halverson Mr. Bob Simmons 752 Shippensburg Road Newville, PA 17241 CERTIFIED MAIL & REGULAR DELIVERY RE: Building Permit Required Dear Ms. Halverson & Mr. Simmons: The township supervisors met with you previously to request you obtain a building permit for a structure you built at 752 Shippensburg Road. To date, you have not contacted us to receive your permit. Building permits are required for any construction, structure, or development by township ordinance no. 83-3. You are currently in violation of this ordinance. Please contact me at 776-7665 within five (5) days of your receipt of this notice to obtain a building permit. Failure to obtain a building permit in this time period may result in charges filed with the district justice. Thank you for your immediate attention to this matter. Sincerely, Bonnie L. Myers Township Secretary Cc: Mr. Larry E. Foots Sr. Mank4W Banding: 433 Oakyffk Road, Sklppensbarg PA 17257 (717) 7763409 "EXHIBIT A" email. nnewtontwp®earthllnlcnet Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Boric Michael A. Scherer (717) 149-6873 FAX (717) 249-5755 email. mscherer(a).obslaw.com September 22, 2004 VIA REGULAR MAIL AND CERTIFIED MAIL # 7003 1010 0001 1187 0110 Robert Simmons 752 Shippensburg Road Newville, Pennsylvania 17241-9475 RE: Enforcement Notice; Building Permit Ordinance No. 83-3 Dear Mr. Simmons: Public record identifies you as the owner of a property located at 752 Shippensburg Road, Newville, Pennsylvania. It has come to the attention of the North Newton Township Board of Supervisors that a building has been erected on your property without obtaining a building permit, in violation of North Newton Township Ordinance No. 83-3. Numerous efforts have been made by the township to you to advise you of this violation and explain the remedy to cure it. Unfortunately, the violation persists. Failure to apply for and obtain a building permit will result in further action. Such action may involve legal action, including an order preventing the occupancy of the building in question, paying a judgment of up to $500 per day plus court costs and attorneys fees, and taking such other action as may be deemed appropriate by the township and/or the district justice. The cost of a building permit is relatively minor. The township has made every effort to work with you in correcting this violation. Please take action to correct this violation rather than forcing the township to use further legal process in this matter. Very truly yours, O'BRIEN, BARIC & SCHERER MAS/ta cc: nine Myers File * 4A 6L Michael A. Scherer, Esquire "EXHIBIT B" mas1NNTs1mmons.1tr Low Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Boric Michael A. Scherer (717) 249-6873 FAX (717) 249-5755 email. mscherer(a obslaw com September 22, 2004 VIA REGULAR MAIL AND CERTIFIED MAIL # 7003 1010 0001 1187 0127 Tammy Halverson 752 Shippensburg Road Newville, Pennsylvania 17241-9475 RE: Enforcement Notice; Building Permit Ordinance No. 83-3 Dear Ms. Halverson: Public record identifies you as the owner of a property located at 752 Shippensburg Road, Newville, Pennsylvania. It has come to the attention of the North Newton Township Board of Supervisors that a building has been erected on your property without obtaining a building permit, in violation of North Newton Township Ordinance No. 83-3. Numerous efforts have been made by the township to you to advise you of this violation and explain the remedy to cure it. Unfortunately, the violation persists. Failure to apply for and obtain a building permit will result in further action. Such action may involve legal action, including an order preventing the occupancy of the building in question, paying a judgment of up to $500 per day plus court costs and attorneys fees, and taking such other action as may be deemed appropriate by the township and/or the district justice. The cost of a building permit is relatively minor. The township has made every effort to work with you in correcting this violation. Please take action to correct this violation rather than forcing the township to use further legal process in this matter. Very truly yours, O-BRIEN, BARIC & SCHERER Ava."- MAS/ta cc: Bonnie Myers mas%NNTSimmons-Halverson\halvemon.ltr Michael A. Scherer, Esquire CIO SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-00872 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORTH NEWTON TOWNSHIP VS HALVERSON TAMMY ET AL R. Thomas Kline Sheriff , who being duly according to law, says, that he made a diligent search and inqui the within named DEFENDANT , to wit: HALVERSON TAMMY unable to locate Her in his bailiwick. He therefore returns COMPLAINT & NOTICE the within named DEFENDANT 752 SHIPPENSBURG ROAD NEWVILLE, PA 17241 FAX FROM ATTORNEY'S OFFICE. NOT SERVED , Sheriff's Costs: Docketing 18.00 Service 9.62 Affidavit .00 Surcharge 10.00 .00 37.62 So answers;.---- R. Thomat K ine Sheriff of Cumberland County OBRIEN BARIC SCHERER 03/01/2005 Sworn and subscribed to before me this _ 2 day of A a" 82 A. D. P othonotary for was as to SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-00872 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORTH NEWTON TOWNSHIP VS HALVERSON TAMMY ET AL R. Thomas K1 , Sheriff , who being duly according to law, says, that he made a diligent search and inqu the within named DEFENDANT , to wit: SIMMONS ROBERT unable to locate Him in his bailiwick. He therefore returns t COMPLAINT & NOTICE for was NOT SERVED j as to the within named DEFENDANT SIMMONS ROBERT 752 SHIPPENSBURG ROAD NEWVILLE, PA 17241 SERVICE STOPPED PER FAX FROM ATTORNEY'S OFFICE.' Sheriff's Costs: So answers: f Docketing 6,00 ? Service .00 yam' Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 OBRIEN BARIC SCHERER 03/01/2005 Sworn and subscribed to before me this day of 4? _ of A.D. othonotary Curtis R. Long Prothonotary office of the i3rotbonotarp Cumberranb Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ()S'- R 7,2,_ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573