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HomeMy WebLinkAbout98-00514 " .---., --- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY OF HAMPDEN, Plaintiff, J. LESKO, JR. Defendant NO. 98 - S:/~ EQUITY 'l'ERM NOT ICE 0: Michael J. Lesko, Jr., Defendant: You have been sued in court. If you wish to defend against he claims set forth in the following pages, you must take action ithin twenty (20) days after this complaint and Notice are erved, by entering a written appearance personally or by ttorney and filing in writing with a court your defenses or bjections to the claims set forth against you. You are warned hat 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 otice for any money claimed in the Complaint or for any other laim or relief requested by the Plaintiff. You may lose money r property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU o NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland county Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EMAN & SPARE, P.C. By for Pla~nt~ff LAW OFFICES SNEl.BAKER, BRI!NNEMAN 0: SPARE OWNSHIP OF HAMPDEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY vs. ICHAEL J. LESKO, JR. Defendant NO. 98 - SlY. EQUITY TERM COMPLAINT AND NOW comes the Plaintiff, Township of Hampden, by its ttorneys, Snelbaker, Brenneman & Spare, P.c., and avers the ollowing cause of action in equity: 1. The Plaintiff herein is TOWNSHIP OF HAMPDEN, a municipal ownship of the first-class situated in Cumberland county, ennsylvania, having its municipal office at 230 South Sporting ill Road in said Township (Post Office: Mechanicsburg, PA 17055). 2. The Defendant herein is MICHAEL J. LESKO, JR., an adult individual, who resides at 4816 East Trindle Road in Hampden ownship (Post Office: Mechanicsburg, PA 17055), Cumberland ounty, Pennsylvania. 3. Plaintiff is the operator of a municipal sanitary ewerage system in the Township of Hampden, Cumberland County, ennsylvania, which system collects, transports, treats and isposes of sewage and wastewater for the protection and nhancement of the health, safety and welfare of the residents of LAW OFFices 5N~LDAKER. BRENNEMAN 8: SPARE said Township, said system hereinafter called "Sewerage system". 4. Defendant is the reputed and apparent owner of a parcel f real estate situated in said Township of Hampden known and umbered as 4816 East Trindle Road, being the same premises which ~ . " LAW OFFICI:G SNELDAKER. BRENNEMAN 6: SPARE: ichael J. and Ruth M. Lesko, husband and wife, acquired from ohn C. Kunkel by Deed dated December 31, 1945, and recorded in he Office of the Recorder of Deeds in and for Cumberland County, ennsylvania, in Deed Book "C", Volume 13, Page 148, the escription in said Deed being incorporated herein by reference hereto, said premises real estate hereinafter called "Subject remises". It is believed that Michael J. Lesko died on or about anuary 4, 1985, and it is further believed that Ruth M. Lesko is lso deceased. It is further believed and, therefore, averred hat Michael J. Lesko, Jr., has succeeded to ownership of the ubject Premises. 5. The Subject Premises is improved with a residential welling house occupied and possessed by Defendant. 6. A portion of the Sewerage System is installed in East rindle Road at a location to provide sewage collection service or the improvements on the Subject Premises, said Subject remises adjoining or abutting such road in which the Sewerage ystem is located. 7. The Board of Township Commissioners in and for said ownship of Hampden has enacted an ordinance known as Chapter 18 f the Township of Hampden Code of Ordinances which provides in elevant part in S102.1 that the owner of any improved property butting on or adjoining any street in which there is a sanitary ewer shall connect such improvements to the sewer within forty- ive (45) days after notice from said Township for the purpose of ischarging all sanitary sewage from such improvements. -2- LAW OFFICE:lJ SNELBAtl:ER. BRENNEMAN Il SPARE 8. The Subject Premises is an "improved property" and efendant is the "owner" thereof within the meaning of the above ited Ordinance. 9. On or about March 6, 1997, Plaintiff gave the notice equired under said Ordinance to Defendant by notice specifically irected to Defendant Michael J. Lesko to connect the Subject remises to the Sewerage System within forty-five days after eceipt of said notice. 10. The above mentioned notice was received by said Defendant on or about March 7, 1997. 11. Defendant failed, neglected and refused to comply with the notice to connect within the 45 days stated therein. 12. Plaintiff reminded Defendant of the need to comply with the notice to connect by letter addressed to Defendant Michael J. Lesko dated May 13, 1997. 13. Defendant continued to fail, neglect and refuse to connect the Subject Premises to the Sewerage System. 14. In an effort to enforce the Ordinance aforesaid, Plaintiff instituted a civil penalty proceeding against Defendant Michael J. Lesko before District Justice 09-3-04 on or about June 19, 1997, which resulted in a judgment against said Defendant for $300 plus costs of $38 on or about July 22, 1997. 15. By letter dated July 23, 1997, addressed to Defendant Michael J. Lesko, Plaintiff again reminded Defendants of the need to comply with the connection requirements aforesaid. 16. Defendant continues to fail, neglect and refuse to -3- onnect the Subject Premises to the Sewerage System. 17. The Subject Premises generates sanitary sewage which is ot being discharged into the municipal Sewerage system but is eing discharged into on-site disposal facilities on the Subject remises in continuing violation of the Ordinance aforesaid. 18. Def.endant's continued use of the on-site facilities and failure to use the municipal Sewerage System constitutes a threat o the health, safety and welfare of the pUblic, generally, and he residents of Hampden Township, specifically. Therefore, it is necessary to force Defendant to comply with the above cited Ordinance by connecting the improvements on the Subject Premises to the Sewerage system. 19. Defendant's violation is of a continuing nature. 20. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff respectfully prays your Honorable Court: a. Enjoin, prohibit and prevent Defendant from discharging sanitary sewage into on-site disposal facilities; b. Order, direct and enforce Defendant to connect his l.AW OFFices SNEl.DAKER. 8RENNF.MAN 8: SPARE sanitary sewage generating facilities on the Subject Premises to the Plaintiff's municipal Sewerage System; c. Order and direct Defendant to pay all required tapping and connection fees; d. Authorize and empower Plaintiff through its agents, employees and/or contractors to enter upon the Subject -4- .' 'f '> . I , I l , l r) ". ::'IIER HT' :,; F;E'~IJldl 1'.EGULt\L C,\SE tlO: 1998,005101 P i~ COM1"lOtlWEALTII OF PElItlSYLVANIA: COUNTY OF CUMBERLAND HAMPDEN TOWNSHIP OF VS. LESKO MICHAEL J JR KATHY J. CLARKE . Sherii! or Deputy Sheriff of CUMBERLAND County. Penn~ylvaniu, who being duly sworn according to law. sa)'s. the within COMPLAItIT - ECJUITY was served upon LESKO MICHAEL J JR defendant, at 1-'355:00 HOURS. on the l.11.h da/' of Fpvruun' 1998 at 4816 EAST TRINDLE ROAD the MECHANICSBURG. PA 17055 . CUMBERLAND County. Pennsylvania, b/' handing to MICHAEL J. LESKO. JR. a true and attested copy of the COMPLAINT - EOUITY together with NOTICE and at the sarnO? timO? directing His attention to thO? contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.05 .00 2,00 So an3wc>r~~""...c.~~ h:. I homao hll.ne, ::'llerl..11 $21.1. 0b SNEL8AKER BRENIIEMAN & SPARE 02/12/1,'98 by K"c,tj'tYrJ ~~1;!d~ Sworn and subscribed to before me ~ of, this j.:J day of ..:f4~ '; 19 9f;' A.D. n . 'U_ CtJ. /J~ .!!It:!i > ---~ t'rothono;(~ry i-l; TOWNSHIP OF HAMPDEN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - EQUITY MICHAEL J. LESKO, JR., Defendant NO. 98-514 EQUITY TERM PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO: prothonotary of cumberland county Please enter judgment by default against Defendant herein for failure to plead to the Complaint heretofore filed, said complaint having been entered with notice to plead pursuant to Pa. R.C.P. 1511. We hereby certify that a notice of intention to enter such judgment was duly sent to the Defendant on March 23, 1998, by first-class mail postage paid, a true copy of said notice being attached hereto. p.e. By ~ R1C ard C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff Dated: April f" ' 1998 LAW OFFices SNELDAKER. BRENNEMAN B: SPARE TOWNSHIP OF HAMPDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL J. LESKO, JR., Defendant CIVIL ACTION - EQUITY NO. 98-514 EQUITY TERM TO: Michael J. Lesko, Jr., Defendant Date of Notice: March 23, 1998 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 SNELBAKER, BRENNEMAN & SPARE, P. C. . kP~r.._. By. fIt Keith o. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for plaintiff r 1 \ ~ 'I'" , . ., f' . J I' \ . .- , J '1 Ii II ! 'i II' i i , I I I CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Michael J. Lesko, Jr. 4816 E. Trindle Road Mechanicsburg, PA 17055 ~f,,~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Township of Hampden Date: March 23, 1998 LAW O"'ICI:S SNELDAt\.ER. BRENNEMAN 6: SPARE ~~ '" ('00 ,~ 'J :>- i ~ ~ ~~ .' It ~ ~ & <.3' ~ ~ ::- (T: ~ ,- LJ.IP ( ) ~.' ri;(") Il.:l C)I::" 6?, LJ.,Lj~ ri;u f.'= OJ. o C") C ~; .- :~~j f5 t'l :::'J ,. . .;....) . ,.,. ~ -~j ;:~: :.:,.}[i! '""" ~: ) u .. ..::: D: CCl , c;:: L:c. ~ C~ 0\ , TOWNSHIP OF HAMPDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - EQUITY NO. 98-514 EQUITY TERM MICHAEL J. LESKO, JR., Defendant AND NOW, this ADJUDICATION AND FINAL DECREE 2.2..~~ day of May, 1998, upon consideration of Plaintiff's Motion to Make RUle Absolute and after review of the record of this action, the Court makes the following ADJUDICATION The Court finds as facts the averments in the Complaint and determines that Plaintiff is entitled to the relief sought therein. Accordingly, the Court makes the following FINAL DECREE (a) The RUle to Show Cause issued by this Court's Order of April 17, 1998, is hereby made absolute, and (b) Plaintiff is hereby authorized by its employees and/or contractors to enter Defendant's real estate, including entry into the dwelling house thereon, to install and construct such pipes, fittings and other facilities and materials to connect the LAW OFFIces SNELDAKER. BRENNEMAN 8: SPARE wastewater system of said house to the municipal sanitary sewerage system in accordance with the regulations and specifications of the Township of Hampden; and LAW OFFlCt8 SNEl.DAKER. BRENNEMAN Be SPARE Motion on April 17, 1998, issuing a rule to show cause why the relief sought in said Motion should not be granted. 9. A certified copy of said Order and Motion for Adjudication and Decree were duly served by personal service on Defendant on April 23, 1998, by an officer of the Hampden Township police Department (see Affidavit of Service filed herein). 10. Defendant has taken no action in response to said Order and more than ten (10) days have elapsed since the service thereof on April 23, 1998. WHEREFORE, Plaintiff respectfully requests your Honorable Court to: A. Make the Rule to Show Cause absolute; B. Enter an adjudication and final decree to (1) Authorize Plaintiff, by its employees, agents and/or contractors to enter Defendant's real estate, inclUding entry into the dwelling house thereon, to install and construct such pipes, fittings and other facilities and materials to connect the wastewater system of said house to the municipal sanitary sewerage system in accordance with the regulations and specifications of the Township of Hampden; and (2) Order and direct Defendant to pay and reimburse to Plaintiff the cost and expense of effecting the connection mentioned in Paragraph -2- -- 0" ~= ~fc lJ~ ,- .. ,~ 0' :::.) ..,,. ?_l~: :':~ :.01 ., f; , ..._, ," 1.'_ ~ :;; ... .~ ~- ...., (0..., . l--' l~'~' .- r-- (.i~~ , , ,......' , .. j i.:- ~: <:..: ~}~~ L2 I..' ... C~ I!, en ~:~ C) 0\ .~ !';";"