TAKING ACTION

With more than a dozen fire-damaged trailers still standing at Cherry Lane Estates, residents secured a legal stake in the mobile home park’s future Wednesday.

Somerset County Judge Scott Bittner issued an order granting a petition by the Cherry Lane Residents Association to join in Somerset Borough’s lawsuit against Divinity Investments and owner Thomas Mongold. The association is made up of Cherry Lane residents concerned with the deteriorating condition of the park.

Daniel Vitek, a Community Justice Project attorney for the association, said residents were hoping to have a hand in the legal future of the mobile home park.

“It’s to officially throw our weight around, and to negotiate with the current owner to see if there is any room to take action,” he said.

Association President Travis Sarver said it is good that residents will have more of a say in the park’s future.

Bittner declared the park a public nuisance in December, and ordered Divinity Investments and Mongold to pay the borough $300,000 in past-due water bills and clean up 14 fire-damaged and 47 dilapidated trailers within 90 days.

Neither action has taken place since that order. Borough Manager Michele Enos reported Wednesday that no demolitions permits have been issued for the park.

The December order also included a special injunction prohibiting the owner from selling the park without court approval.

The association’s petition states that the park’s condition led to another arson in March, unauthorized occupants, increased vermin and decreased property values for residents.

“The conditions within the park caused by derelict and abandoned mobile homes throughout the park directly threaten the health and safety of the Petitioner’s members,” the petition states.

The association’s lawyers also submitted a petition seeking to force Divinity to comply with Bittner’s original order. Bittner did not take action on this petition Wednesday.

“(The association) respectfully asks the Court order further action to abate the public nuisance including, but not limited to, the levying of monetary sanctions upon the Defendant and the appointment of a receiver to manage the Cherry Lane Mobile Home Park,” the petition reads.

Vitek said residents will be working with the borough on ideas for additional penalties to force Divinity Investments to clean up the fire-damaged and abandoned trailers.

“The association and the borough do not expect the situation to continue much longer and will not put up with the situation continuing much longer,” he said. Borough solicitor James Cascio said borough officials had no objection to the association’s intervention, especially since the borough is still looking to clean up the park and receive unpaid utility bills from Divinity.

“We believe (they) will enhance the ability to bring this matter to a conclusion in future proceedings,” Cascio said at Wednesday’s hearing.

Cherry Lane has been the site of 14 arsons and two attempted arsons since May 2018.

Police also believe fires set on Sept. 18, 2016, and July 5, 2017, both at 122 Gary Lane, were set by the same individual, who remains at large.

Police Chief Randy Cox said police are still investigating the case, and DNA and physical evidence is still being processed at state crime labs.

“We still have a list of persons of interest,” he said. Neither Divinity Investment officials nor Mongold appeared at the hearing Wednesday.

See the association’s petition and video of some of the fire-damaged trailers at www.dailyamerican.com.