HomeMy WebLinkAbout97-00860
SHERIFF'S OFFICE
3. DEFENDANTI 51
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
-'--SHERIFF SERVIC'e'-"-."-- ....-.-...-.. ".1 INSTRUCTIONS FOR SERVICE OF PROCESS. Plea.etype or print
PROCESS RECEIPT. and AFFIDAVIT OF RETURN legibly. Do not detach any cople..
1. PLAINTIFFI SI Cumberland-Franklin Joint"'-"-'~ ........ . 2. COURT NUMBER
Municipal Authority .' 97-860
......--'''-'- -.. -.- -......- ._...u_ 4. TYPE OF WRIT OR COMPLAINT:
Troy Beam COMPLAINT and NOTICE
{ 5. NAME OF INDIVIDUAL, COMPANY:CORPOR"ATIO.N-:-E1'-C~'T(iSERViCE OR DESCRIPTION. OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
TROY BEAM
_.o._______. .
6. ADDRESS (Slreel or RFD, Apartmenl No., Clly, Bore, Twp.. State and ZIP Codo)
AT 197 BEECH TREE XXXX STREET, SHIPPENS~~G~~...17257
7. INDICATE UNUSUAL SERVICE: 0 COMMON OF PA. 0 DEPUTIZE 0 OTHER
Now, 19, I, SHERIFF OF FRANKLIN COUNTY, PA"do hereby deputize thB Sheriff of
__ County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff,
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
SU(HIHOJ 1I\ANll.IINCOl.lNlY
SERVE
.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVe"R OF WATCHMAN - Any deputy sherift levying upon or aftaching any property under
within writ may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or allachment, without liability on
the part 01 such deputy or the shenll to any plalnllff herOin for anY1Q.~sl_~strucII<!-f!Q!'..rQ.moval_o!11~)'..such P!QP'yny~~Q~ shonl!~s salo.lt!~r~J_ -~--
9. SIGNATURE of ATTORNEY or olher ORIGINATOR l~o TELEPHONE NUMBER]11. DATE
Beth Ann Gabler _~17-263-8447
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS-BELOW: (ThIs a,e.,mu.i be c'ompletl.d IIiioUc.,isio-be mailed)
Cumberland County Sheriff, R. Thomas Kline,
1 COl1rthou~UlIrL-C.llr..1isle. PA.J-LQ.U
SPACE BELOW FOR USE OF SHERIFF ONL V-DO NOT WRITE BELOW THIS LINE
13. ~~~~:;~~f::f~:,~~,~~'~~o~~t} ~ATURE.~tAS{~torClerk and.T..'lle_ 1~.~a~e~~~;;:dd ____ 1~ ::;~;~::"n~.dal:
16. I hereby CERTIFY and RETURN that I ~~naIlY selVed, [I have legal evidence 01 selVlce as shown In 'Remarks', [J have e,ecuted a. shown In
.Remarks., the wnl or complaint deSCribed on Ihe indiVidual, company. corporallOn, etc.. althe address shown above or on Ihe IndIVIdual, company.
corporation, etc.. at the address inserted below by handling a TRUE and ATTESTED COPY thereof.
17~ I hereby certify _~n~_~!urn -~~pi}=OUND. b-e-;;~~~I-~r~_~n~.b~~_'_i_~-'ioCa-l-O. t1~~ indl~id~~I. comp~6y_~_~o_;P-~~!~~,~~~~_._~.~~~~~-~b~~'--ts..~~~~~;k~'b~C'O;l____
18. Name and lille olind,vidual selVed (If not shown above) ..' . .. ... lI9~e~;~1 ,;~":::::":::";;'" ~~~;'::":h:~
" ~~: ~~~;::t~:~.:""j",,"", ,j,;","~"..f(~""," 'm. ",ore.'''-- .--.. "' """.CT ".'. ili;,-'
23 ATTEMPTS G~s:ili:... D~~~ii~r~f~l~t 1~~tt.I;;i"71..~I~e.]~~4~nt.15~a~i IM~:'J;~~~tJ~;~"r;~~e~I~;p.int.
24. AdvancaCosts 25.;.:.~;~.COSI~ tZ~ate~ J2;3~'~~~eo~P05Iage n; l~;~.~~cos's ~~~~ST;~~ORREFUNO
30. REMARKS:
DEFENDANT WAS BELIEVED TO BE HOME BUT WOULD NOT COME TO DOOR.
31. AFFIRMED and subscubed 10 belore me Ih,s 17 th
::~i'i2~ ~:_E., }~ ,O:i;
---- .. - -- - -.". "'.'-""1"-' ~'" t" !", .' ~",'
MY COMMISSION E
3B.TAcKNOWLEDGE RECEIPT djQT~ijf~RETURN
OF AUTHORIZED ss81lTifjlW'rAdlJifillNAMtom'rl'ubllc
.. w.~ - - - Ct1i\.~?er~burg, Franklin Counry
~.h; C,,"'-"'5Slon Ex iras Nov. 4, 2000
1997
:1.' 5'\II\"IuII.01
Ilo>p ~~I~,,,tl
AN~i?l__
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6-17:-97
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I
GNATURE }
! .\'1 lJ,ll,.llt~ "'~",l
!
FCSO.'1%
mun,...\,tjma \l1\l'fIn' 1\~t4Ilf'LaIn
IN THI COURT or COKMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
Cumberland county Branch
d CUMBIRLAND-rRANItLIN JOINT
MUNICIPAL AUTHORITY,
Plaintiff No.
va.
, TROY BIAN,
AND
ACTUAL HOLDINGS,
Defendant
civil Action - Law
Defendant
COMPLAINT
AND NOW COMES the Plaintiff, Cumberland-Franklin Joint
Municipal Authority, by its Attorney, Sharpe, Wenger & Gabler,
and states the following cause of action against the
Defendants, Troy Beam and Actual Holdings, to wit:
1.
Plaintiff is Cumberland-Franklin Joint Municipal
Authority, a municipal sewer authority, duly incorporated under
the laws of Pennsylvania, with its principal place of business
at 725 Municipal Drive, Shippensburg, Pennsylvania 17257.
2.
Dofendant is Troy Beam, a sui juris adult, who resides at
401 Shippensburg Road, Shippensburg, Cumberland County,
Pennsylvania 17257.
3.
Defendant, Actual Holdings, is a fictitious business
entity with an address of P.O. Box 101, Shippensburg,
Cumberland County, Pennsylvania 17257. Plaintiff has been
unable to ascertain the nature of Actual Holdings as it is not
registered under the laws of the Commonwealth of Pennsylvania.
4.
Defendant, Troy Beam, is the developer of a certain real
estate development located in Shippensburg Township, Cumberland
2
il
II
II
County, Pennsylvania, which development is referred to as
"Rocky Knob".
5.
On April 29, 1996, Defendant, Troy Beam, applied for and
was granted a sewer permit for a single-family unit to be
located in Rocky Knob at 85 Sunbeam Court, Shippensburg,
Pennsylvania, a copy of which is attached hereto as Exhibit
ItAII.
6.
Pursuant to Defendant Troy Beam's representation of the
building at 85 Sunbeam Court and in accordance with Cumberland-
I Franklin Joint Municipal Authority's Resolution 91-1, as
I amended, a copy of which is attached hereto as Exhibit "B",
I Defendant, Troy Beam, paid the sum of $1,200.00, which
represented $200.00 in connection and customer facilities fees
and $1,000.00 for each dwelling unit capacity fee.
II
II
'I
I'
7.
On June 18, 1996, Defendant, Troy Beam, applied for and
was granted a sewer permit for a 4-unit dwelling to be located
in Rocky Knob at 25 Sunbeam Court, Shippensburg, Pennsylvania,
a copy of which permit is attached hereto as Exhibit "C".
8.
Pursuant to Defendant Troy Beam's representation of the
building at 25 Sunbeam Court, and in accordance with
Cumberland-Franklin Joint Municipal Authority's Resolution 91-
1, as amended, a copy of which is attached hereto as Exhibit
I "B", Defendant, Troy Beam, paid the sum of $4,200.00, which
Ii represented $200.00 in connection and customer facilities fees
I' and $1,000.00 for each dwelling unit capacity fee.
,I
II
II
'I
Ii
ij
:1
,.
I'
9.
After the building at 85 Sunbeam Court was completed, on
or about September, 1996, Plaintiff discovered that 85 Sunbeam
Court is actually a 2-unit dwelling.
!
"
..
10.
Ii After the building at 25 Sunbeam Court was completed, on
or about September 20, 1996, Plaintiff discovered that 25
Sunbeam Court is actually a 5-unit multiple dwelling.
3
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PAGE 02
CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY
SEWER PERMIT NO: O;/oC)fLJ
NAME
AODRESS
PROPERTY SERVI!D
TOWNSHIP
, .PJ:KlNE
'1ONS'f!ORCoNNEcnON OF:
COUNTY
o OTHER
~~IC
O MUL npLe
OOMESnC
o NON DOMESTIC
O MOBilE HOME
PARK
TO LINE 0
~: C,F.J.MA
"~'IMPACT' FEES:
" ,OF QERVICE LATERAL CONNECTIONS I.... CONNECTION FEE . Ou
'.(JIom,mllnHne to rlw) --'-- \II ---L-a> x $175.00 _ ...lJ5.:
, t)F BUILDING SEWER LINES I ... CUSTOMER FACilITIES FEE . 0;"
~rlw to bulldlng) '" v
*,QF,DWELUNG UNITS ~A -1-~ X $ 25,00 - ~..:)
, .. ~ONo; OF ESTIMATED SEWAGE I fxSl.000.00. -41 L'Ut> (~
FLOW+2t5 ~1I TOTAlFEE 8 _ 1.::f.CbC,",
P'SCHARGE TO: 00 EXlsnNG SewER. BElWl!EN M.H.# W .", f' & M,H,# _,. 0_ __
, :;~ ,': ri{ PROPOSED EXTENSION
. ~:;BEGINNINGATM.H.# SIZE OF MAIN .. lENGTH
. .
"~"'"
, ,
.' ",. ~ .
"'~"::~NO.
SHEET NO.
~.311
~
.
-..
"i
..' ...
AFF.EeTEo PUMPING STATION MmRING STAnON
..., ,"..
';Q;l~P:fJWlT SUBJECT TO THE FOll.OW1NG CONOmONS:
:' ',<~,1f'~ COIiS,TRUCTION. OP!RATlONS. PROCEDURES AND DISCHARGE SHAll BE IN ACCORDANCE
, ',' )wllHC.tt..J.M.A. RULES AND REGULATIONS.
o.:.:';"::I"'\!'-:." .
,',:: ". 2. 'No PART OF THE INSTALlAnON SHALL BE COVERED UNTil INSPECTED AND APPROVED
.... BY C.F.J.MA
'3. ISSUANCE OF PERMIT SHALL NOT RELIEVE APPLICANT OF ANY RESPONSIBILITY UNDER ANY
.~. ER MUNICIPAL, STATE OR FEDERAL LAW OR RI!QUIAEMM . I
;, ~TEOFISSUANCE ~~~/tj9" BYtT>fI.O ~~.it.u..
"APPRoVAL To COVER BY
THIS PERMIT VOID e MONTHa AmR DATE OF ISSUANCE
~ 'a"~
txh; bi+ "A-II
/ffL
Ufl;;-
CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY
RESOLUTION NO. 91-1
OF THE BOARD OF THIS AUTHORITY AMENDING
RESOLUTION 82 C, IMPOSING A TAPPING FEE AND
CONNECTING FEE AGAINST THE OWNER OF AN
IMPROVED PROPERTY PROPOSED TO DISCHARGE
SEWAGE INTO THE SEWER SYSTEM BY A SINGLE UNIT
DOMESTIC DWELLING, MULTIPLE UNIT DOMESTIC
DWELLING, )\lON-DOMESTIC ESTABLISHMENT AND EACH
SITE IN A MOBILE HOME PARK CONNECTING DIRECTLY
OR INDIRECTLY TO THE CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY SEWER SYSTEM, AND IMPOSING
A CUSTOMER FACILITIES FEE, ALL AS PROVIDED FOR IN
ACT 203 OF 1990.
WHEREAS, THIS AUTHORITY, pursuant to Authorily vested in it by law, does
own and operate a sanitary sewer system for rendering sewage service in and for certain
portions of the Borough of Orrstown and the Township of Southhampton, both situated in
Franklin County, Pennsylvania, and the Township of Shippensburg and the Township of
Southhampton both situated in Cumberland County, Pennsylvania and
WHEREAS, THIS AUTHORITY has power and authority to impose Tapping
Pees, Connection Fees and Customer Facilities Fees for the use of the Sewer System as
provided in the Pennsylvania Municipal Authorities Act of 1945 approved May 2, 1945,
P.L. 382, as amended by Act 203 of 1990, 53 P.S. 306B ("The Act");
NOW, THEREFORE BE IT RESOLVED, by the Board of this Authority that
resolution 82 C is amended as follows:
SECI10N I. Unless the context specifies and clearly indicated otherwise, the
meaning of items and phrases pertaining to this Resolution shall be as follows:
tXhib.+ "BI'
I
'A. SINGLE UNIT DOMESTIC DWELLING shall be construed to mean any
building intended to provide living quarters for not more than one single
family unit.
B. MULTIPLE UNIT DOMESTIC DWELLING shall be construed to mean any
~i1ding or group of buildings intended to provide Ii~g qu~ers for two or
f\re single family u~ f\ \
C. {NO~OMESTIC 4TABLISHMENT shall be const~ed to mean any hotel,
\ motel, eondominiU~, boarding ~o~se, c perative or a~sociation housing, yJ
^ \y ap...dl..ent, h"~, office buddmg, barber shop or beauty shop attached to ~
,~W or forming part of the owners residence, stall market or shopping cente( (per f
W "\ individual retail store) containing sanitary sewage facilities. ty;,.rr~V
D. MOBILE HOME PARK shall be construed to mean two or more contiguous
lots, tracts or parcels of land intended for mobile home placement. Each
mobile home site shall be construed to constitute one E.D.U.
E. EQUIVALENT DOMESTIC UNIT (E.D.U.) shall be construed to mean a
sewerage flow of 265 gallons per day, with an average strength of 200
milligrams per liter B.O.D. and suspended solids, or equivalent.
.
F. All other definitions of terms not herein above defined shall be as set forth in a
Resolution (No. 78-2) duly adopted by the Board of this Authority on the 26th
day of October, 1978.
SECTION II. TAPPING FEE. This Authority does hereby impose a tapping fee
upon every single unit domestic dwelling, each individual unit of a multiple unit domestic
dwelling, each individual unit or site within a mobile home park and each non-domestic
establishment or building connected, directly or indirectly to the Authority's sewer system
or any privately owned lines connected to the Authority's system, such fee being authorized
under Section 4 B(t> of the Act.
A. The tapping fee is payable prior to connection to the Authority's sewer system.
I
B. The amount of the tapping fee for each unit connected to the sewer system
shall be Five Hundred Fifty Dollars ($550.00); except in the case of non-
domestic establishments, which fees shall be computed as provided in "C"
below.
C. The tapping fees for non-domestic establishments shall be determined by
multiplying $550 by the estimated EDU's. The estimated EOU's for the
establishment shalI be computed by dividing the estimated daily flow by 265.
This result shall be calculated to the nearest one-tenth of an EDU and shall be
a minimum of one EOU. This estimated tapping fee shall be adjusted by using
the actual average daily flow based on the water meter readings from the first
year of full production, usage and/or occupation.
SECTION III. CONNECTION FEE . A connection fee is hereby imposed and shall
be collected by the Authority for each connection by a single unit domestic dwelling,
multiple unit domestic dwelling, non-domestic establishment, and mobile home park, which
physically shaH connect to the Authority's sewer system, whether such connection shall be
direct or indirect, such fee being authorized under Section 4 B(t) of the Act.
A. The connection fee shall be due and payable at the time application is made to
the Authority to' connect the sewer system by the owner of the improved
property. No sewer permit will be issued until the applicable connection
charge and prevailing tapping fee are paid to the Authority.
B. The payment of the connection fee shall in no way be construed to exempt the
applicability or payment of the prevailing Tapping Fee or Customer Facilities
Fee.
C. The amount of the connection fee shall be One Hundred Seventy-five Dollars
($175.00) per connection of single unit domestic dwelling, multiple unit
domestic dwelling, non-domestic establishment, and mobile home park to the
Authority's sewer system, whether directly or indirectly.
I
D. The connection fee shall apply to all connections, whether direct or indirect, to
the sewer system through lines now owned by the Authority or lines now
privately owned but intended to be formally dedicated to the Authority and/or
lines that are to remain privately owned.
SECTION IV. CUSTOMER FACILITIES FEE . A Customer Facilities Fee to
cover the cost of inspection of each building sewer connection is hereby imposed on every
single unit domestic dwelling, multiple unit domestic dwelling, each unit or site connected
within a mobile home park, and each non-domestic establishment. The fee shall be
imposed for each building sewer connection to the Authority's sewer system through any
service line or main line, whether owned by the Authority or privately.
A. The fee is payable prior to connection to the Authority's sewer system.
B. The amount of the Customer Facilities Fee is Twenty-five Dollars ($25.00) per
unit connected.
SECTION V. All fees imposed by this Resolution are imposed against the owners
of improved property connected directly or indirectly to the Authority's sewer system, or to
any privately owned lines connected to the Authority's systems.
SECTION VI. REIMBURSEMENT . Where a Property Owner constructs, or
causes to be constructed, at his' or her expense any extension of the sewer system of the
Authority, the Authority shall provide for the reimbursement to the Property Owner when
the owner of another property not in the development for which the extension was
constructed, connects a service line directly to the extension within ten (10) years of the
date of the dedication of such extension to the Authority.
Such reimbursement shall be equal to the Collection Part of each Tapping Fee
collected as a result of subsequent connections, less an amount equal to five percent which
shall be deemed to represent the appropriate charge for administrative expenses and
services rendered in calculating, collection, monitoring and disbursing the reimbursement
payments to the Property Owner entitled thereto.
I
The Authority shall notify by Certified mail, to their last known address, the
Propcrty Owner or Owners for whose benefit such reimbursement shall apply within thirty
(30) days of the Authority's r~eipt of any such reimbursement payment. In the event that
the Propcrty Owner or Owners have not claimed a rtimbursement payment within one
hundred twenty (120) days of the mailing of the notice, the payment shall revert to and
become the sole propcrty of the Authority with no further obligation on the part of the
Authority to refund the payment to the propcrty Owner or Owners.
SECTION VII. This Resolution shall become effective immediately.
SECTION VIII. In the event any provision, section, sentence, clause or part of this
Resolution shall be held to be invalid, such invalidity shall not aff~t or impair any
remaining provision, section, sentence, clause or part of this Resolution, it being the intent
of this Authority that such remainder shall be and shall remain in full force and effect.
SECTION IX. This Authority shall have the right of access at reasonable times to
any part of any Improved Propcrty which shall be served by the sewer system as shall be
required for purposes of inspection, measurement, sampling and testing and for
pcrformance of other functions relating to service rendered by this Authority through the
sewer system.
.
SECTION X. This Authority reserves the right to adopt, from time to time, as
authorized by law, such additional rates and charges, classifications, rules and/or
regulations as it shall deem necessary and propcr in connection with use and operation of
the sewer system, which additional rates and charges, classifications, rules and/or
regulations, shall become and shall be construed as part of this Resolution.
mun\bt.\IJha.94\amtQdmclI 12\1\904
.... -
RBSOLUTION NO. ~~
A RBSOLUTION OF THB BOARD OF SUPBRVISORS OF CUMBERLAND-FRANKLIN
JOINT MUNICIPAL AUTHORITY, AMBNDING RBSOLUTION 82-C, AS AMBNDBD
BY RBSOLUTION 91-1, IMPOSING A TAPPING FBB AND CONNBCTING FBB
AGAINST THB OWNER OF AN IMPROVBD PROPBRTY PROPOSED TO DISCHARGB
SEWAGB INTO THB SEWBR SYSTEM BY A SINGLB UNIT DOMESTIC
DWBLLING, MULTIPLB UNIT DOMBSTIC DWBLLING, NON-DOMBSTIC
BSTABLISHMENT AND BACH SITB IN A MOBILB HOMB PARI CONNBCTING
DIRBCTLY OR INDIRBCTLY TO THB CUMBBRLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY SEWER SYSTEM, AND IMPOSING A CUSTOHBR
FACILITIES PBB, ALL AS PROVIDBD FOR IN ACT 203 or 1990.
The Board of CUmberland-Franklin Joint Municipal Authority
does hereby enact and resolve:
SECTION 1: Whereas in Resolution No. 91-1, Section II(B),
which read:
"B. The amount of tapping fee for each until
connected to the sewer system shall be Five
Hundred Fifty Dollars ($550.00); except in the
case of non-domestic establishments, which fees
shall be computed as provided in "C" below."
shall be amended to read:
"B. The amount of tapping fee for each until
connected to the sewer system shall be One
Thousand Dollars ($1,000.00); except in the case
of non-domestic establishment, which fees shall
be computed as provided in "C" below."
SECTION 2: In all respects, said Resolution No. 82-C, as
amended by Resolution No. 91-1, shall remain in full force and
effect.
} <II<.. -
DULY ADOPTED this h day of \',Lil<,...i, ,1995,
by the Board of Cumberland-Franklin J01nt Municipal Authority,
in lawful session duly assembled.
:st: \Z
Q.!yjw& p;lQ>-.
Secretary
By:
CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY
~ ~-.
, .n" 'L.J!'. -:/-.-1
airman .
,
01/14/1997 14:13 7175322880
CFJMA
"
CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY
SEWER PERMIT NO: ..:);'" 1(>.1..!3
NAME
AODRESS
TOWNSHIP
COUNTY
PROPERTY SERVED
PHONE
.
Pl.ANS FOR CONNECTION Oti
O SINGLE
DOMESTIC
IV1 MULTIPLE
~ DOMESTIC
o NON DOMESTIC
O MOBilE HOME
PARK
o OTHER
CONNECTION TO LINE 0
9WNEO BY: C.F.J.MA
~AafV IMPACT & FEES:
, OF SERVIce LATERAL CONNECTIONS "
(from mainline 10 rNi)
. OF BUILDING SEWER UNES I
(from rNi to building)
. OF DWElliNG UNITS 4
OR
, OALLONS OF ESTIMATED SEWAGE
~ +285
>>l,.-'
IXJ
CONNECTION FEE . "
(l) i (l))( $175.00.. /'7.5
~ CUSTOMER FACILITIES FEE
~A I ~ )( $ 25.00.. .~ :5 ' ,
,1 r>,...
...,. Ex",ooo.oo. 4, Doo "
~a TOTAL FEE B ..It '-!t.').W'. .
DI8CHAAGE TO: 0 EXISTING SEWER, BETWEEN M.H.# .J
O PROPOSED EXTENSION
BEGINNING AT M.H.. Size OF MAIN
, PAalECT LOCATION:
&M.H,tII
4-
LENGTH
CONTRACT NO. ~
.
C,JA
HOUSE NO.
~
SHEET NO.
AFFECTED PUMPING STATION
M!TERING STATION .'JiuJ17V-J: '.t.,;....t:
THIS PERMIT SUBJECT TO THE FOllOWING CONDITIONS:
1. ALL CONSTRUCTION, OPERATIONS. PROCEDURES AND DISCHARGE SHALL BE IN ACCOADANCE
WITH C.F.J.MA RUlES AND REGULATIONS.
2. NO PART OF THE INSTAU..ATlON SHALL BE COVERED UNTIL INSPECTED AND APPROVED
BY C.F.J.M.A.
--
3. ISSUANCE OF PERMIT SHALL NOT RELI!VI! APPLICANT OF ANY RESPONSIBILITY UNDER ANY
OTHER MUNICIPAL, STATE OR FEDERAL LAW O~ REQUIREMENT. OJ, . k.
DA'rEOfISSUANCE --9,/1.....1..1 I~,~q' BY _~ln.J r: -"-0)
. .../
APPROVAl. TO COVER BY
THIS PERMIT VOID e MONTHS AFTER DATe OF ISSUANCE
CI1 02R/
~\,q,
~)(hibi+- " c "
PAGE 01
03/13/1997 11:19
7175322880
CFJMA
'J
I
PAGE 03
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(\ I Doma.tlc E.tabUahmonll:
Each nom..tic EttablJJhmont . . . . ~Z46
p.r annum. p.y&\)lo at tho ra" 01 S2D. 50 "1' rnonthlV
blUln. ,.rlod.
Multiple U.I: In ca.. 01 .. comblnaUon 01 an. or
mort DOI1\ll.tlo .c.tablhhm.nta with a aimllar urllt or unit.
and lacb IboreoC haYln, Ih. lIot alth. S._r Sy"tem Ihrall;"
on. ....r connection. thIn tach luch Domedlc E.tabU.h-
m.nt .hall b, charS'.d the 1'.1.. her. in 1'l'ovid.4 al thouah
.ach th.'uo( wa" In .. ..parat. .tru.ctur. and II Ihouah
each ther.oC h,d .. dir.ct and II,al'atl conn.ction to the
S'W'I'Sy.t.m:
ez) Nan-Dom..Uc EII,bU.hment.:
Each of Ih. lana.,ln; lypU 01 Nan-Oamutlc
E.tabU.hm.nt. ..hich 101" conftcctf:d to thl SIW.I' Syn.m
mAY .1eGe to b. charl'cl on a flat rat. ba,l. or on ..
m.t.red rat. ball. and .h.&U b. bnl.~ at the rate ..t lorth
in accordance with the lonawing Ichedu\., par monthly
billion ..ulad,
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r.Ol. Por MonthlY !lIllIrr. "..Iad
'=a.ch hota., motal or boardlnl hou... no'
c.ontalnlnc kUehen tacUUI.. in rental unlta,
p.r 4 r.ntal room. nr lractiC'n ',",or cot
$ZO.50
tAch .tu\rtn,.nt or l'ftntal unit In..n apart.
mllnt hnulIo
~20.5n
I:nch r,1nhUn h"I"'" fir U'alleu'
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COMMONWI"LYH O"IHHI,","NI"
COUll Of COMMON 'L1AI
NOTICE OF APPEAL
fROM
DISTRtCT JUSTICE JUDGMENT
COMMON m"l No. q7 - ~(OO r:;,'J) 7er(rJ
NOTICE OF APPEAL
Nolie. i. iii- that the appoIlant has IiIod in the above COUft of Cammon Plea. an appeal from the judgment render.d by the Di.trict Justic. an the
dato and In the COlI rn...liou.d boIav<
JUOICIAI. DIITIICT
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This black wil be signed ONLY when this noto~an i. required under Po. R.cP JP.
10088.
This Notice of Appeal, when recei..d by the Di.trict btlee. will ape<ate o. a
SUPERSBlEAS 10 the judgment fat pas...,"," in thi. ca...
sgJature 01 ProIhonoIaIy 01 Deputy
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appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1 1 (6) in action belore District Justice, he MUST
FILE A COMPLAINT within twenty (20) days alter
filing his NOTICE 01 APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This seetlon 01 tonn to be used ONLY when appellant was DEFENDANT 1 see Pa. R.c.P.J.P. No, 100 1 1 7) in action belOlO District Justice.
IF NOT USED, detach lrom cq>y 01 notice 01 appeal to be served upon appellee I.
PRAECIPE, To Prothonotary
Ente...uleupon e..u~'~,,"~<1.,A. J:ieA"ld;....-Jbi~""t- """,,,: .4u..~.
Namo 01 _./
(Cammon PIeos No. q7 - 8W C'.u ~ 0 Ir'rm ) within twenty (20) day. after service of rule Of .uflet entry of iudgment 01 non pra~
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~ ~oI_OIhos._OI_
. appeI1ee{.).to file a complaint in this appeoI
RULE, To (' l...h, ,,\u ~A - \"'e,,,,,,,W;,., To:~" ~...:.. "~~~(.),
Namo oI_,}
(1) You are notified that a rule i. hemby ente<ed upon you 10 file a complaint in this appeal within twenty (20) day. alter the dale 01
service 01 this rule upon you by personal.ervice Of by certified Of registe<ed maiL
(2) K you do not file a complaint w~hin this ~me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) Tho dato 01 service 01 this rule ~ ."vice was by m001 i. the date 01 mailing.
Dato:Jeh. :;J.JY" . 19YI..
G.~i))1 }OUIWifVl ~t
SIglIllft .....Ao r 01 0IpuIy
IOPC 312-&4
COUAT FILE TO BE FILED WITH PROTHONOT AAY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proo' 0' aer~jce MUST BE FILED WITHIN TEN (70) DAYS AFTER /limp the no/ice 0' appeal, Check applIcable bona)
<.,.' ',..,.
COM\olONW~ALTH OF p~NNaYLVANIA
CO~"'TYOF ~UlI ~f\(A J
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AFFIDAVIT: I hereby swear or affirm that I served
lEl..a copy of the Nollce 01 Appeal. Common Pleas No, 97 - 'i 6() , upon the District Juallce designated therein on
(dale 01 aer~ioe) ,J -;.I' . 19..f2.-. 0 by personal service !!if by (ce,Ulled) (registered) mail. sender's
. rec~Pt a~ached hereto. and upon tho appeiloe. (name) I!". ('. 1. tn. A . . . . on
- 0 .19 97 n by personal .0rVlco I!:I by (corlifiod) (rogisterod) mail, .ondor's receiplattachod heroto
!&.Jind furlher that Isorved the Rule 10 File e Compla,nt accompanying Ihe above Nollce of Appeal upon the appelleeCs) towhom
the Rule'wes eddre..ed on ~- ~ , 19n 0 by per.onal service.8l.by (certified) (registered)
mail. sender's receipt attached hereto.
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SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 0200.U DAV og.tJh,u () I. { 19~
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My cp'"n'lllllon expires on
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
Cumberland County Branch
CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY,
Plaintiff
No.
&'-1 - <i ~D
va.
TROY BEAM,
Defendant
Civil Action - Law
AND
ACTUAL HOLDINGS,
Defendant
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the Complaint in the above-captioned
matter.
Date:
S/:J- /11-
I I
By
C
:;;><:'- ,
o
th Ann
Attorney for Pla' lff
257 Lincoln Way East
Chambersburg, PA 17201
(717) 263-8447
Sup. Ct. I.D. No. 44695
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1" '~SHERIFFiS"OFFICE
INSTRl.ICT1ONs FOR 8ERVlCE OF PR0CE88. PlNM lyplI Of print
1egIIlly, Do nal dIIlIdllllY copiM.
2, COURT NUMBER
97-860
4. TYPE OF WRIT OR COMPLAINT:
Troy IIQllm COMPl.AINT and NOTICE
{ 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF, PROPERTY TO HE LEVIED. ATTACHED OR 5OLO,
TROY BIWI
A, ADDRESS (Street or RFD, Apar1menl No., City, Bora, Twp" State and ZIP Code)
AT 197 BEECH TREE !:AU STREET, SHIPPENSBURG, PA 17257
7, INDICATE UNUSUAL SERVICE: 0 COMMON OF PA, 0 DEPUTIZE 0 OTHER
Now, 19, I, HERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff 01
County to execute this Writ and make return thereol according
to law. This deputation being made al the roquest and risk 01 the plalnllff.
e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
-----.--
SHERIFF SERVICE
. PROCESS RECEIPT, and AFFIDAVIT OF RETURN
" PLAINTlFF/Sf Cumberland-Franklin Joint
Munic1 al Authorit
3, DEFENDANTI Sf
SERVE
.
St. I. f Of , IW<<lIH COI.MfY
NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheri" levying upon or attaching lIlY property under
within writ may leave same wlthoul a watchman. in custody 01 whomever Is lound In possession. after notJlylng person of levy or attachmant, wtthoot liability on
the art 01 such d or the sheriff 10 an lalnti" harein for an loss destruction or removal alan such belore sherilra sale thareol.
8. SIGNATURE 01 ATTORNEY or other ORIGINATOR 10, TELEPHONE NUMBER 11. DATE
Beth Ann Gabler 717-263-8~~7
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thll lrea mUll be completed If nollce IlIa be mailed)
Cumberland County Sneriff, R. Thomas Kline,
I CnllT"thnllAA S~PACE iELbtv ~ClR ~~J ~O~ ~HERIFF ONLY _ DO NOT WRITE BELOW THIS UNE
13. I acknowledge receipt 01 the Writ} SIGNATURE 01 Authorized FCSO Oeputy or Cieri< and TItle 14. Dale Received 15. ExpIrallonlHearing date
or complaint as indicated above. 5-15-97 6- -9
16, I hereby CERTIFY and RETURN Ihall hav rsonally served, 0 have legel evidence 01 service as shown In 'Remarks', 0 have execuled as shown in
'Remari<s'. Ihe writ or complainl described Iho individual. company, corporetion. elc" el the address shown above or on the Individual, company.
corporation, elc" at tha address Inserted below by handling a TRUE end ATTESTED COPY thereof,
17X1l1t hereby certlly and relum a NOT FOUND because I am unable 10 locatelhe individual. company, corporation. etc., I1IInied above, (See remarks below)
la, Name and tille 01 individual served (if nolshown above) . 19.. """"'.. _... ond ___
relidinglnthe delendant'. l.IMIIlpIIQI 01
obodo.C
21. Oala 01_ 22. TIme
20, Address 01 where served (completo only il dilleronllhen shown above) (Slreel or RFD. Apartment No"
City. Bora, Twp, Slsle and Zip Code)
AM
PM
EST
fDST
23, ATTEMPTS
Mil..
2~
Dep.lnl.
30, REMARKS:
DEFENDANT WAS BEl.IEVED TO BE HOME IIUT WOULD NOT COME TO DOOR.
so ANSWER.
31. AFFIRMED end subscribed 10 belore melhis
34, day 01
IIlNF
19
32. Signature of
Oep Shontl () E STRlliE
35 Signature 01 ShentI
33. 0..
37.
~~-'N<W,~
MY COMMISSION EXPIRES .
38, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE}
OF AUTHORIZED ISSUING AUTHORITY AND TiTlE.
SHERIFF OF FRANKLIN COUNTY
J3lI. DateReceNed
FCSO.ltl98
2 A TTORNEV