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HomeMy WebLinkAbout03-0470UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0.3 -- ~'~(~ 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 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 NOTICIA USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de romar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT NOW COMES UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, through its attorneys, MILLER & ASSOCIATES, PC, and files this Complaint for charges assessed with respect to sewer rates against the above named Defendants and against the hereinafter described real estate as follows: 1. Plaintiff, UPPER ALLEN TOWNSHIP, is a first-class township municipality organized and existing in accordance with the laws of the Commonwealth of Pennsylva- nia and having its principal offices located at 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055. 2. Defendant, KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, is a Pennsylvania business corporation, having its principal offices located at 1101 Lindham Court, Apartment 704, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (hereinafter referred to as "Defendant KLP"). 3. Defendant KLP is the owner of the real property, or is the party responsi- ble or liable for the real property, located at 1101 Lindham Court- Building Numbers 1 through 8, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, Tax Parcel Number 42-24-0792-006 90 (hereinafter referred to as the "Property"). 4. The Property has erected thereon apartment buildings which contain multiple apartment units which Defendant leases to the public. 5. Defendant, KEITH L. PLASTERER, is an adult individual doing business in Cumberland County at 1101 Lindham Court, Apartment 704, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (hereinafter referred to as "Defendant Plasterer") 6. Defendant, CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack, is a Pennsylvania business corporation with an address of 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as Defendant Carlisle Sports") and doing business at 29 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania. COUNT I 7, herein. Plaintiff repeats and reiterates Paragraphs 1 through 6 as if fully set forth 8. Under proper authority of law through a duly enacted municipal ordinance as set forth in the Upper Allen Township Code, Chapter 200, entitled "Sewers and Sewage Disposal" (hereinafter referred to as the "Sewer Ordinance"), Upper Allen Township provides sanitary sewer service to the Property. 9. Sewer Ordinance §200-8, entitled "Connection to public system required," provides that owners of improved property shall connect to the Upper Allen Township sewer system as required by Upper Allen Township. -2- 10. Sewer Ordinance §200-9, entitled "Use of public sewer required," provides that all sewage and waste shall be conducted into the sewer system in accordance with the restrictions and limitations of the Sewer Ordinance. 11. The Property is connected to the Upper Allen Township Sewer System. 12. Sewer Ordinance §200-64, entitled "Imposition of rentals," provides that sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system. 13. Sewer Ordinance §200-65, entitled "Computation of rentals," provides that sewer rates for dwelling units, commercial establishments and institutional establish- ments shall be on a fiat-rate basis for such classification and at such rates as shall be determined, from time to time, by resolution of the Township's Board of Commissioners. 14. Sewer Ordinance §200-66, entitled "Time and method of payment," provides that if payment of sewer rental charges is not made within thirty (30) days after the same became due and payable, an additional sum of five percent (5%) will be added to the net bill due. 15. Sewer Ordinance §200-66, further provides that if such sewer bill is not paid within sixty (60) days of the date it is due, the bill, including the said five percent (5%) charge, shall bear interest at the rate of one-half per centum (½%) per month or fraction thereof from the due date of payment. 16. Defendant KLP has incurred sewer rentals and charges, including penalties and interest, on the Property. -3- 17. Despite repeated demands for payment and efforts to collect payment, the Defendant KLP has failed and refused to pay for the sanitary sewer services rendered for the Property. 18. The time period for which these charges are owed is from 30 June 2001 to 30 September 2002, inclusive, with interest and penalties continuing to accrue. 19. The total amount of the delinquent sanitary sewer charges currently owed by the Defendant KLP to the Plaintiff for the Property through 2 January 2003, including the five percent (5%) charges and applicable interest is Sixty-Five Thousand Six Hundred Forty-Nine and 70/100 Dollars ($65,649.70), plus costs. WHEREFORE, Plaintiff, UPPER ALLEN TOWNSHIP, requests judgment be entered in its favor and against the Defendant KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, on Count I, in the amount of Sixty-Five Thousand Six Hundred Forty-Nine and 70/100 Dollars ($65,649.70), plus interest, costs and reasonable attorneys' fees. COUNT II 20. herein. Plaintiff repeats and reiterates Paragraphs 1 through 19 as if fully set forth 21. Defendant Plasterer is now and at ail times was the major and dominating stockholder and president of Defendant KLP. 22. Defendant KLP was organized by Defendant Plasterer as his alter ego for the purposes of conducting business. -4- 23. Defendant KLP has never had, and does not have now, any genuine or separate corporate existence, but has been used for the sole purpose of permitting Defendant Plasterer to transact a portion of his individual business under a corporate guise. 24. Defendant Plasterer has rendered Defendant KLP insolvent. 25. Defendant Plasterer, as the alter ego of the corporate Defendant KLP, is and has been, conducting, managing and controlling the affairs of the corporation of Defendant KLP since its incorporation, as though it were Defendant Plasterer's own business, and has used Defendant KLP for the purpose of defrauding Plaintiff and others similarly situated. WHEREFORE, Plaintiff, UPPER ALLEN TOWNSHIP, requests judgment be entered in its favor and against the Defendant, KEITH L. PLASTERER, on Count II, in the amount of Sixty-Five Thousand Six Hundred Forty-Nine and 70/100 Dollars ($65,649.70), plus interest, costs and reasonable attorneys' fees. COUNT III 26. herein. Plaintiff repeats and reiterates Paragraphs 1 through 25 as if fully set forth 27. Defendant Plasterer is now and at all times the major and dominating stockholder and president of Defendant Carlisle Sports. 28. Defendant Carlisle Sports and Defendant KLP share common ownership through Defendant Plasterer. -5- 29. Defendant Carlisle Sports and Defendant KLP are operating as a corporate combine. 30. control. Defendant Carlisle Sports and Defendant KLP have unified administrative 31. Defendant Carlisle Sports and Defendant KLP are operated as a single entity by Defendant Plasterer. 32. In the past, Defendant Plasterer has made payments to the Plaintiff on amounts owed by Defendant KLP through negotiation of checks from Defendant Carlisle Sports and using funds of said Defendant Carlisle Sports. WHEREFORE, Defendant, UPPER ALLEN TOWNSHIP, requests judgment be entered in its favor and against the Plaintiff, CARLISLE SPORTS EMPORIUM, INC., on Count III, in the amount of Sixty-Five Thousand Six Hundred Forty-Nine and 70/100 Dollars ($65,649.70), plus interest, costs and reasonable attorneys' fees. MILLER & ASSOCIATES, PC By · E. Miller, Jr. Anthony E. Marrone 1822 Market Street Camp Hill, PA 17011 Attorney ID #'s 07220, 48182 (717) 737-9210 Attorneys for Upper Allen Township -6- VERIFICATION The undersigned, LOU FAZEKAS, hereby verifies and states that: herein; He is Township Manager of UPPER ALLEN TOWNSHIP, Defendant 2. He is authorized to make this Verification on its behalf; 3. The Facts set forth in the foregoing Pleading to Plaintiff's Complaint are true and correct to the best of his knowledge or information and belief; and 4. He is aware that false statements herein are made subject to the penal- ties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: :~g 3..~...,4~.~ 3.o0.5 LOU FAZEKAS. 'Township Manager SHERIFF'S RETURN - REGULAR CASE NO: 2003-00470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLP ENTERPRISES INC T/D/B/A LINDHAM COURT APARTMENTS the DEFENDANT at 1101 LINDHAM COURT MECHANICSBURG, PA 17055 MICHELLE BUTLER, PROPERTY a true and attested copy of COMPLAINT & NOTICE , at 1020:00 HOURS, on the 3rd day of February , 2003 APARTMENT 704 by handing to MANAGER, ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this Y ~ day of ~?~7 J~ A.D. ! ! Prothonotary So Answers: R. Thomas Kline 02/04/2003 MILLER & ASSOCIATES By: / DePUty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00470 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PLASTERER KEITH L the DEFENDANT at 0924:00 HOURS, on the at 29 S MIDDLESEX ROAD 3rd day of February , 2003 CARLISLE, PA 17013 by handing to GEORGE SEAGER, MANGR OF SPORTS EMPORIUM, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~ day of ~rothonotary So Answers: R. Thomas Kline ~'~'~"~'~ 02/04/2003 MILLER & ASSOCIATES Depu~ Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00470 p COMMONWEALTH OF PENNSYLVA~NIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE SPORTS EMPORIUM INC TDBA SPORTS EMPORIUM FASTRACK the DEFENDANT at 29 S MIDDLESEX ROAD CARLISLE, PA 17013 at 0924:00 HOURS, on the 3rd day of February , 2003 by handing to GEORGE SEAGER, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this y~ day of Prothonotar~ So Answers: R. Thomas Kline 02/04/2003 MILLER & ASSOCIATES By: ~A~ ~/[-~ ~ Deputy ~heriff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in dupl/cate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please l i-qt the within matter for the next ~t Court. CAPTION OF CASE (entire caption must be stated in D,]] ) UPPER ALLEN TOWNSHIP ( Plaintiff ) KLP ENTERPRISES, d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER and CARLISL~ SPORTS EMPORIUM, INC', d/b/a SPORTS EMPORIUM FASTRACK ( Defendant ) e No. 03-470 Civil ~ 2003 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demarr~r to complaint, etc. ): Preliminary Objections Identify counsel who will argue case: ( a ) for plaintiff address: o (b) for defendant: Address: Anthony p. Tabasso, Esquire Klehr, Harrison, Harvey, Branzburg ~ EllersLT~D 260 S. Broad Street Philadelphia, PA 19102 I Wll notify all paz-ties in writingwithin ta~days that this case has been li~ted for~t. 4. ~t Court Date: MAY 21, 2003 Attorr~ Defen .d. an~ts CERTIFICATE OF SERVICE I, Anthony P. Tabasso, Esquire, hereby certify that I caused a tree and correct copy of the foregoing Praecipe for Listing Case for Argument with regard to 'Defendant's Preliminary Objections to be served upon the following counsel of record via Federal Express: E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 Date: March 20, 2003 ~ ~~-~ Anthony P. TaIasso, Esquire UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/dlb/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-470 Civil Term NOTICE TO PLEAD To: KLP ENTERPRISES, INC., t/dlbla LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack, Defendants: You are hereby notified to file a written response to the enclosed PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS AND PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' PRELIMINARY OBJECTIONS of Plaintiff Upper Allen Township within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 26 March 2003 E. Marrone, Esquire William E. Miller, Jr., Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 ID Nos. 48182 and 07220 Attorneys for Upper Allen Township UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-470 Civil Term PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS AND PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' PRELIMINARY OBJECTIONS Plaintiff, UPPER ALLEN TOWNSHIP, (hereinafter referred to as the "Plaintiff'), through its attorneys, MILLER & ASSOCIATES, PC, answers the Preliminary Objec- tions to Plaintiff's Complaint of Defendants, KLP ENTERPRISES, INC., t/dlbla LIND- HAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., (hereinafter collectively referred to as the "Defendants"), as follows: 1. Admitted. 2. Denied. The Plaintiff avers that its Complaint speaks for itself and is best evidence of the contents thereof. 3. Denied. Plaintiff avers that the sewer charges which are the subject of the Complaint are charges owed from 30 June 2001 through 30 September 2002, inclusive. Plaintiff filed a Municipal Lien for Sewer Rates for the period 30 June 2001 t to 30 June 2002, No. 02-4931 in the Cumberland County Court of Common Pleas on or about 9 October 2002, and a Municipal Lien for Sewer Rates for the period 1 July 2002 to 30 September 2002, No. 03-472 in the Cumberland County Court of Common Pleas on or about 30 January 2003. True copies of said Municipal Liens are attached hereto as Exhibits "A" and "B," respectively, and incorporated herein by reference. 4. Paragraph 4 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. FIRST PRELIMINARY OBJECTION TO THE COMPLAINT DEMURRER TO COUNT I 5. Plaintiff repeats and reiterates Paragraphs I through 4 by reference, as if fully set forth herein. 6. Paragraph 6 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. 7. Deniea. The Plaintiff avers that its Complaint speaks for itself and is best evidence of the contents thereof. 8. Denied. The Plaintiff avers that its Complaint speaks for itself and is best evidence of the contents thereof. Plaintiff further avers that the Complaint states at Paragraph 15 that the Upper Allen Township Sewer Ordinance §200-66 provides that if such sewer bill is not paid within sixty (60) days of the date it is due, the bill, including the said five percent (5%) charge, shall bear interest at the rate of one-half per centum (%%) per month or fraction thereof from the due date of payment. 9. Denied. The Plaintiff avers that its Complaint speaks for itself and is best evidence of the contents thereof. Plaintiff further avers that the Complaint states at Paragraph 15 that the Upper Allen Township Sewer Ordinance §200-66 provides that if such sewer bill is not paid within sixty (60) days of the date it is due, the bill, including the said five percent (5%) charge, shall bear interest at the rate of one-half per centum (%%) per month or fraction thereof from the due date of payment. 10. Denied. Plaintiff avers that Upper Allen Township Sewer Ordinance §200-66 provides that if such sewer bill is not paid within sixty (60) days of the date it is -2- due, the bill, including the said five percent (5%) charge,, shall bear interest at the rate of one-half per centum (~%) per month or fraction thereof from the due date of pay- ment, while 53 Pa.C.S.A. §7143 states that interest on an amount due on a municipal lien shall accrue at a rate of ten percent per annum from the date the sewer lien is filed. The Plaintiff further avers that Upper Allen Township Sewer Ordinance §200-66 permits the Plaintiff to charge interest at a rate of one-half per centum (~%) per month or fraction thereof from the due date of payment through the date a Municipal Lien is filed. 11. Paragraph 6 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. Plaintiff avers that Upper Allen Township Sewer Ordinance §200-66 provides that if such sewer bill is not paid within sixty (60) days of the date it is due, the bill, including the said five percent (5%) charge, shall bear interest at the rate of one-half per centum (~%) per month or fraction thereof from the due date of payment, while 53 Pa.C.S.A. §7143 states that interest on an amount due on a municipal lien shall accrue at a rate of ten percent per annum from the date the sewer lien is filed. The Plaintiff fudher avers that Upper Allen Township Sewer Ordinance §200-66 permits the Plaintiff to charge interest at a rate of one-half per centum (¼%) per month or fraction thereof from the due date of payment through the date a Municipal Lien is filed. 12. Paragraph 12 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegation is denied. 13. Paragraph 13 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. 14. Admitted. 15. Denied. Plaintiff avers that Municipal Lien No. 03-472 is for sewer charges incurred for the period of 1 July 2002 to 30 September 2002, while the Complaint is for sewer charges for the period of 30 June 2001 to 30 September 2002, inclusive, with interest and penalties continuing to accrue. Plaintiff avers that a -3- reasonable investigation and a reading of both the Complaint and Municipal Lien 03- 472 would have caused Defendants to reach the correct conclusion. 16. Admitted. However, for clarification, Plaintiff avers that Municipal Lien No. 03-472 is for sewer charges incurred for the period of 1 July 2002 to 30 September 2002, while the Complaint is for sewer charges for the period from 30 June 2001 to 30 September 2002, inclusive, with interest and penalties continuing to accrue. Plaintiff further avers that a reasonable investigation and a reading of both the Complaint and Municipal Lien 03-472 would have caused Defendants to reach the correct conclusion. 17. Paragraph 17 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. WHEREFORE, Plaintiff UPPER ALLEN TOWNSHIP, requests judgment for Plaintiff and against Defendants KLP ENTERPRISES, INC., t/dlbla LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., and specifically requests that Defendants' Preliminary Objection in the Nature of a Demurrer to Count I of Plaintiff's Complaint be denied, and that this Court grant Plaintiff additional relief as it deems appropriate. In the event this Court determines that Defendants' Preliminary Objection be sustained, Plaintiff requests that it be granted additional time to file an Amended Complaint. SECOND PRELIMINARY OBJECTION TO THE COMPLAINT DEMURRER TO COUNTS II AND III 18. Plaintiff repeats and reiterates Paragraphs 1 through 17 by reference, as if fully set forth herein. 19. Denied. The Plaintiff avers that its Complaint speaks for itself and is best evidence of the contents thereof. 20. Paragraph 20 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. -4- 21. Paragraph 21 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. WHEREFORE, Plaintiff UPPER ALLEN TOWNSHIP, requests judgment for Plaintiff and against Defendants KLP ENTERPRISES, lNG., tldlbla LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., and specifically requests that Defendants' Preliminary Objection in the Nature of a Demurrer to Counts II and III of Plaintiff's Complaint be denied, and that this Court grant Plaintiff additional relief as it deems appropriate. In the event this Court deter- mines that Defendants' Preliminary Objection be sustained, Plaintiff requests that it be granted additional time to file an Amended Complaint. THIRD PRELIMINARY OBJECTION TO THE COMPLAINT THE COMPLAINT IS INSUFFICIENTLY SPECIFIC 22. Plaintiff repeats and reiterates Paragraphs 1 through 21 by reference, as if fully set forth herein. 23. Admitted. 24. Paragraph 24 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. Plaintiff avers that Defendant KLP Enterprises, Inc., t/d/b/a Lindham Court Apartments owns the real property in question and should be able to admit or deny whether it owes the amounts claimed in the Plaintiff's Complaint. Plaintiff further avers that the Complaint contains the material facts on which the action is based are stated in a concise and summary form in accordance with Pa.R.C.P. 1019. 25. Denied. Plaintiff avers that Municipal Lien No. 03-472 is for sewer charges incurred for the period of 1 July 2002 to 30 September 2002, while the Complaint is for sewer charges for the period from 30 June 2001 to 30 September 2002, inclusive, with interest and penalties continuing to accrue. Plaintiff further avers -5- that a reasonable investigation and a reading of both the Complaint and Municipal Lien 03-472 would have caused Defendants to reach the correct conclusion. 26. Paragraph 26 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. 27. Paragraph 27 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. WHEREFORE, Plaintiff UPPER ALLEN TOWNSHIP, requests judgment for Plaintiff and against Defendants KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., and specifically requests that Defendants' Preliminary Objection in the Nature of the Complaint is Insufficiently Specific be denied, and that this Court grant Plaintiff additional relief as it deems appropriate. In the event this Court determines that Defendants' Preliminary Objection be sustained, Plaintiff requests that it be granted additional time to file an Amended Complaint. FOURTH PRELIMINARY OBJECTION TO THE COMPLAINT ALTERNATIVE MOTION FOR A MORE SPECIFIC PLEADING 28. Plaintiff repeats and reiterates Paragraphs 1 through 27 by reference, as if fully set forth herein. 29. Paragraph 29 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is required, said allegations are denied. WHEREFORE, Plaintiff UPPER ALLEN TOWNSHIP, requests judgment for Plaintiff and against Defendants KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., and specifically requests that Defendants' Preliminary Objection in the Nature of an Alternative Motion for a More Specific Pleading be denied, and that this Court grant Plaintiff additional relief as it deems appropriate. In the event this Court determines that -6- Defendants' Preliminary Objection be sustained, Plaintiff requests that it be granted additional time to file an Amended Complaint. PLAINTIFF'S PRELIMINARY OBJECTION IN THE FORM OF FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT TO DEFENDANT'S PRELIMINARY OBJECTIONS 30. Plaintiff repeats and reiterates Paragraphs 1 through 29 by reference, as if fully set forth herein. 31. Service of the Complaint in this matter was served on the Defendants on 3 February 2003 by the Sheriff of Cumberland County. True copies of the Cumberland County Sheriff's Returns are attached hereto as Exhibits "C," "D" and "E," respectively, and incorporated herein by reference. 32. Pa.R.C.P. 1026 states that every pleading subsequent to the Complaint be filed within twenty (20) days after service of the preceding pleading. 33. In accordance with Pa.R.C.P. 1026, Defendants' Answer or Preliminary Objections should have been filed on or about 24 February 2003. Defendants' Preliminary Objections were not filed until on or about 10 34. March 2003. 35. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike off a pleading because of lack of conformity to law or rule of court. 36. The Defendants' Preliminary Objections were not filed within twenty (20) days of service of the Complaint and must be stricken. 37. Plaintiff did not grant an extension of time in which Defendants could file their Preliminary Objections. 38. Defendant's did not seek Court approval of an extension of time in which to file their Preliminary Objections. -7- WHEREFORE, Plaintiff, UPPER ALLEN TOWNSHIP, requests this Court grant its preliminary objection raising Plaintiff's failure to conform to Pa. R.C.P. 1024 and strike Defendants' Preliminary Objections; and grant Plaintiff the relief requested in the Complaint. Respectfully submitted, Dated: 26 March 2003 William E Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 ID Nos. 07220 and 48182 -8- VERIFICATION The undersigned, RICHARD S. LASKEY, hereby verifies and states that: herein; He is Acting Township Manager of UPPER ALLEN TOWNSHIP, Plaintiff 2. He is authorized to make this Verification on its behalf; 3. The Facts set forth in the foregoing Plaintiff's Answer to Defendants' Preliminary Objections and Plaintiff's Preliminary Objections to Defendants' Preliminary Objections are true and correct to the best of his knowledge, or information and belief; and 4. He is aware that false statements herein are made subject to the penal- ties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: UPPER ALLEN TOWNSHIP, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6~ -'". ,l/90/ cb KLP ENTERPRISES, INC., c Defendant MUNICIPAL LIEN ~- :z-:~: MUNICIPAL LIEN FOR SEWER/WATER RATES ~ ~ NOW COMES Upper Allen Township, Cumberland County, Pennsylvania, by its Solicitor, William E. Miller, Jr., Esquire, and files the within claim for charges assessed with respect to sewer and/or water rates against the above named owner or owners and against the hereinai~er described real estate as follows: M.L.D. - STATEMENT OF CLAIM 1. This claim is filed by UPPER ALLEN TOWNSHIP, a first-class township organized and existing in accordance with the laws of the Commonwealth of Pennsylvania. 2. The owners or reputed owners of the property against which this claim is filed is Defendant, KLP ENTERPRISES, INC. 3. The authority under which 'the sewer and/or water rates were charged and assessed is the Act of July 18, 1935, P.L. 1286, Section 1, 53 P.S. § 2231, as amended. 4. The authority under which this claim is filed is the Act of May 16, 1923, P.L. 207, Section 9, et seq., 53 P.S. § 7143, as amended. 5. A description of the property against which this claim is filed is: 1101 Lindham Court- Building Numbers 1 through 8 Mechanicsburg, PA 17055 TAX PARCEL NLrMBER 42-24-0792-006 Exhibit A 6. This claim has not been the subject of any previous claim and judgment in the Court of Common Pleas of Cumberland County for sewer and/or water rates for sewer services or water hydrant charges. 7. The total amount of the charges for which this claim is filed is Fifty-Four Thousand Three Hundred Seventy-Three and 02/100 Dollars ($54,373.02), plus costs. 8. The time period for which theses charges are filed is 30 June 2001 to 30 June 2002. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of Fifty-Four Thousand Three Hundred Seventy-Three and 02/100 Dollars ($54,373.02), plus costs. UPPER ALLEN TOWNSHIP By V~qlliam E. Miller, Jr.~ Township Soh'cito~ _ MILLER & )~t43OCL~TES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 Dated: 3 October 2002 -2- UPPER ALLEN TOWNSHIP, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KLP ENTERPRISES, INC., NO. ~ - qT~ M.L.D. Defendant MUNICIPAL LIEN MUNICIPAL LllgN FOR SEWER/WATER RATES NOW COMES Upper Allen Township, Cumberland County, pennsylvania, I~ its~. Solicitor, W'~lliam E. Miller, Jr., Esquire, and files the within claim for charges assessed with respect to sewer and/or water rates against the above named owner or owners and against the hereinafter described real estate as follows: STATEMENT OF CLAEVI 1. This claim is filed by UPPER ALLEN TOWNSHIp, a first-class township organized and existing in accordance with the laws of the Commonwealth of Pennsylvania. 2. The owners or reputed owners of the property against which this claim is filed is Defendant, KLP ENTERPRISES, INC. 3. The authority under which the sewer and/or water rates were charged and assessed is the Act o£July 18, 1935, P.L. 1286, Section 1, 53 P.S. § 2231, as amended. 4. The authority under which this claim is filed is the Act of May 16, 1923, P.L. 207, Section 9, et seq., 53 P.S. § 7143, .as amended. 5. A description of the property against which this claim is filed is: 1101 Lindham Court- Building Numbers 1 through 8 Mechanicsburg, PA 17055 TAX PARCEL NUMBER 42-24-0792-006 Exhibit B 6. This claim has not been the subject of any previous claim and judgment in the Court of Common Pleas of Cumberland County for sewer and/or water rates for sewer services or water hydrant charges. 7. The total amount of the charges for which this claim is filed is Ten Thousand One Hundred Eighty-One and 04/100 Dollars ($10,181.04), plus costs. 8. The time period for which theses charges are filed is 1 July 2002 to 30 September 2002. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount ofTen Thousand One Hundred Eighty-One and 04/100 Dollars ($10,181.04), plus costs. UPPER ALLEN TOWNSHIP William E. Miller,~. Township Solieitor MIIJLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 Dated: 29 January 2003 -2- SHERIFF' S RETURN - REGULAR CASE NO: 2003-00470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP ~VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLP ENTERPRISES INC T/D/B/A LINDHAM COURT APARTMENTS the DEFENDANT , at 1020:00 HOURS, on the 3rd day of February , 2003 at 1101 LINDHAM COURT APARTMENT 704 MECHANICSBURG, PA 17055 by handing to MICHELLE'BUTLER, PROPERTY MANAGER, ADULT IN CHARGE a true and attested cop~, of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 9O 00 10 00 00 34 90 Sworn and SUbsdribed to befOre me this day of ..... A.Di So Answers: R. Thomas Kline 02/04/2003 MILLER & ASSOCIATES By: ...... / ? '- Sheriff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-00470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within coMpLAINT & NOTICE was served upon CARLISLE SPORTS EMPORIUM INC TDBA SPORTS EMPORIUM FASTRACK the DEFENDANT at 29. S MIDDLESEX ROAD CARLISLE, PA 17013 , at 0924:00 HOURS, on the 3rd day of February , 2003 by handing to GEORGE SEAGER, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to. before me this day of A.D. Prothonot a~y R. Thomas Kline 02/04/2003 MILLER & ASSOCIATES .. Deputy ~heriff SHERIFF'S RETURI~ - REGULAR CASE NO: 2003-00470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIp VS KLP ENTERPRISES INC ET AL BRYAN WARD , Sheriff or DePuty Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PLASTERER KEITH L the DEFENDANT , at 0924:00 HOURS, on the at 29 S MIDDLESEX ROAD 3rd day of February , 2003 CARLISLE, PA 17013 by handing to GEORGE SEAGER, MANGR OF SPORTS EMPORIUM, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before" me this 'day of A.D. Prot honot ary So Answers: R. Thomas Kline ~" 02/04~/2003 MILLER & ASSOCIATES Deput~ Sheriff Exhibit E UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/dlbla LINDHAM COURT APARTMENTS, KEITH L. PLASTERER, and CARLISLE SPORTS EMPORIUM, INC., t/d/b/a Sports Emporium Fastrack Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-470 Civil Term CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Plaintiff Upper Allen Township, hereby certify that I have caused a true and correct copy of Plaintiff Upper Allen Township's Plaintiff's Answer to Defendants' Preliminary Objections and Plaintiff's Preliminary Objections to Defendants' Preliminary Objections to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individuals: Dated: 26 March 2003 Anthony P. Tabasso, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers LLP 260 South Broad Street Philadelphia, PA 19102 Attorneys for Defendants KLP Enterprises, Inc., t/d/b/a Lindham Court Apartments, Keith L. Plasterer, and Carlisle Sports Emporium, Inc., t/d/b/a Sports Emporium Fastrack Anthony E~vlarrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 ID No. 48182 Attorneys for Upper Allen Township