HomeMy WebLinkAbout01-1191 FX
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MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 2001- 1/91 G()~l ~
v.
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
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 attorney and filing in writing with a 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:
Solicitor for Plaintiff
LAW OFFICES
SNEL8AKER.
BRENNEMAN
8: SPARE
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 2001- i/<J/ ~ /~
Plaintiff
v.
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
CIVIL ACTION - LAW
COMPLAINT
Middlesex Township Municipal Authority, by its Solicitor, Snelbaker, Brenneman &
Spare, P. C., files this Complaint against Defendant Carlisle Motel and Campground, Inc. as
follows:
BACKGROUND
1. Plaintiff Middlesex Township Municipal Authority (the "Authority") is a duly
authorized and existing municipal authority under the laws of the Commonwealth of
Pennsylvania with a principal office and place of business located at 350 N. Middlesex Road,
Carlisle, Middlesex Township, Cumberland County, Pennsylvania.
2. Defendant Carlisle Motel and Campground, Inc. is a Pennsylvania business
corporation with a principal office and place of business located at 1075 Harrisburg Pike,
Carlisle, Cumberland County, Pennsylvania.
3. Defendant is the owner of a parcel of real estate located at 1075 Harrisburg Pike,
Carlisle, in the Township of Middlesex, also identified as tax parcel No, 21-19-1637-011
(hereinafter the "premises").
4. Plaintiff provides municipal water and sewer service in and to various locations
throughout Middlesex Township.
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5. Defendant is provided at its premises, for its and/or the occupants of Defendant's
premises use and benefit, municipal water and sewer service by the Authority.
COUNT I
6. The averments of Paragraphs I through 5, inclusive, of this Complaint are
incorporated by reference herein in their entirety.
7. At all times relevant hereto, specifically from July 2000 through January 2001,
Plaintiff provided Defendant with water and sewer services at Defendant's premises.
8. The water and sewer services provided to Defendant by Plaintiff as described above
were provided in accordance with the terms, conditions and requirements of applicable rules,
rates and regulations as established by the Authority.
9. Defendant has consistently failed and refused to pay Plaintiff in full for charges
assessed Defendant for water and sewer services provided Defendant at Defendant's premises for
the period of July 2000 through January 2001 despite repeated requests to do so.
10. Defendant has failed and refused to pay the total amount of$21,923.52 due and
owing Plaintiff for water and sewer services provided the premises from July 2000 through
January 2001, which sum includes applicable late charges or penalties assessed in accordance
with rules, rates and regulations ofthe Authority.
II. The amounts billed by Plaintiff to Defendant for water and sewer services provided
Defendant's premises were never objected to by Defendant as being inaccurate.
12. The amounts billed by Plaintiff to Defendant for water and sewer services provided
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
Defendant's premises were fair, reasonable and never objected to by Defendant.
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13. The amounts due and owing Plaintiff by Defendant as set forth in Paragraph 10,
above, were billed to Defendant on a monthly basis, which bills contained a statement of current
monthly charges due together with an indication of any previous balance due on Defendant's
account for water and sewer services provided together with applicable penalties. A true and
correct copy of Defendant's account statement with amounts claimed to be due as set forth in this
Complaint, is attached hereto and incorporated by reference herein as "Exhibit A" .
14. Defendant's failure timely to pay for water and sewer services provided Defendant's
premises is a material breach of Defendant's express and/or implied obligation to pay for same in
accordance with Plaintiffs applicable rates, rules and regulations,
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$21,923.52 together with interest and costs of this suit.
COUNT II
(In the alternative to Count I)
15. The averments of Paragraphs 1 through 14, inclusive, of this Complaint are
incorporated by reference herein in their entirety.
16. The water and sewer services provided by Plaintiffto Defendant at Defendant's
premises were not provided by Plaintiff to Defendant as a gratuity.
17. The charges for the water and sewer services as more fully set forth in Court I of this
Complaint were fair, reasonable, customary and never objected to by Defendant.
18. Defendant wrongfully secured benefits from the use of the water and sewer services
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
provided Defendant's premises that would be unconscionable for Defendant to retain.
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19. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of
$21,92352,
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of .
$21,923.52 together with interest and costs of this action.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:~~~
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff
Middlesex Township Municipal Authority
Dme: March 1, 2001
LAW Op"FICES
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foil . Transact ions query
;::::, Date Ty . Water Sewer
WI 02/06/01 BL 2,325.96 1,150.23
';'''.1.02/05/01 PE141.88 70.86
i. 01/05/01 9L 1,418.76 70a.63
. 01/05/01 PE 179.68 89.26
~ 12}06/00 BL 1,796.76 892.63
. 12/05/00 PE 194.80 96.62
; 12/04/00 PP -367~79 -204.28
&12104/00 PY-2,SZ7.93 0.00
; 11/03/00 BL 1,947.~6 966.23
:i.,: 11/03/00 PE ..194.80 96.62
~::110/06/o.0 BL 1,947.96 966.23
10/05/00 PI;: 172.99 107.66
09/12/00 PP -522.77 -289.86
09/12/00 PY -5,672.47 0.00
.09/07/00 PS .. 194.80 96.62
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Master Record ~
Meter & Fin'anc',a ..,
for acct; 00204
Total Open Bal Reference
3,476.19 22,217.91 BILLING 2001/JANUAF
212.74 18,741.72
2,127.39 18,528.98 BILLING 2000/DEC.
268.94 16,401.59
2,689.39 16,132.65 BILLING 2000/NOV.
291.42 13,443.26
-572.07 13,151.84
-2,927.93 13,723.91
2,914.19 16,651.84 BILLING ZOOO/OCTOBE
291.4213,737.65
2,914.19 13,446.23 BtLLING ZOaO/SEPT.
280.65 10,532.04
-B12.63 10,251.39
-5,672.47 11,064.02
291.42 16,736.49
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Current Account Master Record ~~Z~
Meter & Finsnclal
iransactions query for acct: 00204
Water Sewer Total Open Bal
2,174.76 1,076.63 3,251.39 16,445.07
1,947.96 966.23 2,914.19 13,193.68
187.24 92.94 280.18 10,279.A9
1,872.36 929.43 2,801.79 9,999.31 BILLING 2000/JUNE
140.73 100.30 241.03 7,197.52
-2,500.00 0.00 -2,500.00 6,956.49
-149.44 -74.54 -223.98 9,456.49
-2,376.02 0.00 -2,376.02 9,680.47
2,023.56 1,003.03 3,026.59 12,056.49 BILLING 2000/MAY
149.44 74.54 223.98 9,029.90
-.3.66.92 -182.20 -549. , 2 8,805.92
-2,450;88 0.00 -2,450.88 9,355.04
1,494.36 745.43 2,239.79 11,B05.92 BILLING 2000/APRIL
179.68 89.25 268.94 9,555.13
1,796.76 892.63 2,689.39 9,297.19 BILLUNG MARCH/2000
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BILLING 2000/AUGUST
BILLING 2000/JULY
"EXHIBIT A"
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LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section
4909 relating to unsworn falsification to authorities. I verify that I am authorized to execute this
Verification on behalf of the Plaintiff in my capacity as Operations Manager.
perations Manager
ship Municipal Authority
Date: March 1, 2001
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01191 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDDLESEX TOWNSHIP MUNICIPAL
VS
CARLISLE MOTEL AND CAMPGROUND
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CARLISLE MOTEL AND CAMPGROUND INC
the
DEFENDANT
, at 0014:07 HOURS, on the 5th day of March
, 2001
at 1075 HARRISBURG PIKE
CARLISLE, PA 17013
RAYMOND CASHILL (OWNER)
by handing to
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
18.00
3.10
.00
10.00
.00
31.10
So Answers:
r-~~'~~
R. Thomas Kline
03/06/2001
SNELBAKER,
SPARE
Sworn and Subscribed to before By:
me this
t:l--
/9 -
day of
~~ ~I A.D.
q~~t2 ~ AfQ{
rothonotary'
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MIDDLESEX TOWNSHIP MUNIC[PAL : IN THE COURT OF COMMON PLEAS OF
AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2001-1191 CIVIL TERM
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
CIVIL ACTION - LAW
PRAECIPE FeR JUDGMENT UPON DEF AUL T
PURS ANT TO Pa.R.C.P. 1037(b)
TO THE PROTHONOTARY:
i
Please enter judgment against] Defendant Carlisle Motel And Campground, Inc. and in
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favor of Plaintiff Middlesex Township Municipal Authority in the amount of $21 ,923 .52
together with interest and costs of thi~ action due to Defendant's failure to file within the required
time a pleading to the Complaint in tlhs action. A certified copy of the Complaint containing a
I
notice to defend was served upon De~endant on March 5, 2001.
I hereby certify that written n1tice of intention to file this Praecipe was mailed to the
Defendant (the party against whom Ndgment is to be entered) for failure to plead to the
I
Complaint and at least ten days prior to the date of the filing of this Praecipe, A copy of the
written notice mailed to the Defendarlt on April 3, 2001 is attached hereto and incorporated by
reference herein as "Exhibit A".
i
SNELBAKER, BRENNEMAN & SPARE, P. C.
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LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
Date: April 17, 2001
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Solicitor for Middlesex Township Municipal Authority
LAW OFfICES
SNELB.AKER,
BRENNE::MAN
& SpARE
. ,
.
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 iforegoing Praecipe to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Date: f:1/,4,i n ~(
Carlisle Motel and Campground, Inc.
1075 Harrisburg Pike
Carlisle, P A 17013
rJ~tUtM--
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Solicitor for Plaintiff
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MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF
AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2001-1191 CIVIL TERM
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
: CIVIL ACTION - LAW
TO: Carlisle Motel and Campground, Inc., Defendant
Date of Notice: Apri13, 2001
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSON ALL Y 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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P. C.
1/t.!~~
LAW OFFICES
SNE:LBAKER.
BR~NNEMAN
& SPARE
By:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Solicitor for Plaintiff
EXHIBIT A
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LAW OFFICES
$NEL-8AKER,
BRENNEMAN
& .sPARE
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that 1 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:
Carlisle Molel and Campground, Inc.
1075 Harrisburg Pike
Carlisle, PA 17013
\K()r;~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPA&G,P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff
Date: April 3, 2001
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MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY, Plaintiff
IN 'mE rouRl' OF ~ PLEAS OF CIImERLAND <nJNl'Y, ~VANIA
CIVIL DIVISION
File No. 2001-1191
Arrount Due $21,923.52
~
v.
Interest 6%
Atty's Corrrn
Costs
per annum from 4/17/01
($109.61/mo. )
N/A
CARLISLE MOTEL AND CAMPGROUND, INC.,
Defendant
TO THE PRCYIHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installrrent sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as arrended.
PRAEX:IPE FOR EXEClJI'ION
Issue writ of execution in the above rretter to the Sheriff of
County, for debt, interest and costs upon the following described property of the
defendant(s)
PRAECIPE FOR A'l'I'ACH'o1ENT EXOCUTION
Issue writ of attachment to the Sheriff of Cwnberland County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list) Any and all bank accounts, checking accounts,
savings accounts, fund accounts and any other accounts t1tle 1n the name o~
C:trliE:lg J(e-tol And CalRp'Jrouud.. :I1lC" .. illclu(Jjp'J. hn+- n,...+- l-iV';+-~n +-n. -fnrme:.r
Keystone Financial Account No.0001307738, at M&T Bank, Garnishee, One West
H;~h str~e~.. Car1-iv19. VA 17nl~
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
( Indicate) Index this writ against the garnishee( s) as a lis pendens against
real estate of the defendant ( s) described in the attached exhibit.
DATE:
May, 14, 2001
Signature:
I~
Print Name:
Kp,;1-h 0 Rrpnnpm;:ln, R~qllirp
Address:
44 W. Main Street
Mechanicsburq PA 17055
Attorney for:
Telephone:
Pl;:l;nt-; -f-f
Supreme Court ID No. :
717-697-8528
47077
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Notes: If real property, supply six copies of description including improvements and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
'ro index writ, file separate praecipe with writ.
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-01191 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MIDDLESEX TOWNSHIP MUNICIPAL
VS
CARLISLE MOTEL AND CAMPGROUND
And now BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0014:01 Hours, on the 17th day of May
, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
CARLISLE MOTEL AND CAMPGROUND INC
, in the
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH STREET
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TAMMY SEIBERT (CUSTOMER SERVICE)
personally 3
true and attested copies of the within
COMPLAINT & NOTICE
and made the contents thereof known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
surcharge
.00
.00
.00
.00
.00
.00
So ans~we.rs: ~.
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.
R. Thomas Kline
Sheriff of umberland Cou y
05/18/2001
By
Sworn and subscribed to before me
this .la?M-<A day of ~
.,liJV/ A.D.
~J,Q.'!hdbJ' A~
Pr t onotary ,
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SHERIFF'S RETURN - GARNISHEE
\ CASE NO: 2001-01191 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MIDDLESEX TOWNSHIP MUNICIPAL
VS
CARLISLE MOTEL AND CAMPGROUND
And now BRIAN BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:01 Hours, on the 17th day of May
, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named ADD'L DEFENDANT,
M & T BANK
, in the
hands, possession, or control of the within named Garnishee
1 WEST HIGH S1
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TAMMY SEIBERT (CUSTOMER SVC)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTIONjINTERRO and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
,00
.00
.00
.00
So "'~~ //
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R. Thomas Kline
Sheriff of Cumberland County
this ~3 AA:I day of/tA7
.2>>01 A.p.
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Pr onotOlry
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me By ~1n1 ~
Deputy Sheriff
Sworn and subscribed to before
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-01191 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
Amended
MIDDLESEX TOWNSHIP MUNICIPAL
VS
CARLISLE MOTEL AND CAMPGROUND
And now DOUG DONS EN
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:00 Hours, on the 4th day of June
, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
CARLISLE MOTEL AND CAMPGROUND INC
, in the
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TAMMY SEIBERT (CUSTOMER SERVICE)
personally three copies of interogatories together with 3
true
and attested copies of the within COMPLAINT & NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
S~~~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before
this :ltJ ~ day of ~
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P 0 honotary
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me By (J~~u9~
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LAW OFFICES
5NELBAKER,
BRENNEMAN
8; SPARE
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MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF
AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
and
M & T BANK, also known as
Manufacturers And Traders Trust
Company,
Garnishee
TO THE PROTHONOTARY:
: NO, 2001-1191 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Please mark the judgment entered in favor of Middlesex Township Municipal Authority
and against M & T Bank, also known as Manufacturers and Traders Trust Company, Garnishee
entered on July 9, 2001 satisfied upon your docket and indices.
Date: August I, 2001
SNELBAKER, BRENNEMAN & SPARE, P. C.
~~
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Middlesex Township Municipal Authority
,
.
,
Lp..W OFFlCES
SNELBAKER.
BR.ENNEMAN
8c SPARE
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below ~e,
caused a true and correct copy ofthe foregoing Praecipe to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Christine Alianello
Legal Department
M & T Bank
P. O. Box 708
Altoona, P A 16603
M&TBank
One West High Street
Carlisle, PA 17013
Carlisle Motel & Campground, Inc,
I075 Harrisburg Pike
Carlisle, PAl 70 13
I~~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Solicitors for Plaintiff
Middlesex Township Municipal Authority
Date: August 1, 2001
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Sheriff s Costs:
Advance Costs:
Sheriff s Costs:
150.00
76.34
73.66
18.00
1. 49
J
.50
1.00
6.35
Refunded to Atty on 7/1/02
9.00
76.34
So Answers; ~
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R. Thomas Kline, Sheri~
By ktL/
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Sworn and Subscribed to before me
this lof!:; dayof~
2002A.D.~. (;) n.wt"j,~
pr notary
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WRIT OF EXECUTION and/or ATTACHMlENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND}
NO. 01-1191 CIVIL B 'TERM
CIVIL ACTION -LAW
TO THE SHERIFF OF
Cunberl/'md
COUNTY:
To satisfy the debt, interest and costs due
MinrUesex TOWDf;hjp Municioal AlIthority
PLAINTlFF(S}
from Carlisle Motel and Camooround. Inc. 1075 Ha=isburq Fike, Carlisle, Fa. 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
M & T Bank, Garnishee One West Hiqh Street, Carlisle, Fa. 17013
r....:::lT'nisbee ~ Foll<MS-
p.c:. l=i'nl'r<<A7c::.- llny rlnn .:=Ill h.:::.nk- ~r'("'nlmt-~. r-hprkinl) ;::l("'("'nlm+~, c:.;:r\Tinl)~ r:I(""("'nlm+~ flmn
accounts and any other accounts title m the name of Carlisle Motel ~:
and Campground, Inc., mcludmg but not llinited to fonner Keystone Fmancia1 Account No.
00013()'j"j"38
and to nomy\the garnishee(s} that: (a) anaUachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s} or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
6% per annun
IntE!1"est _
Atty's Comm
Atty Paid _
Plaintiff Paid
% N/A
L.L.
Due Prothy
Other Costs
$f) 'if)
1.00
$?1 q?l 'i?
from 4/17/01($109.61 Mo.}
103.60
Date:
MAY 14. 7.001
Curtis R. Long
Prothonotary, Civil Division
bY:~L Q.~
Deputy
REQUESTING PARTY:
NameKeitb O. BrennemAn. RRq.
Address: _dA W~c::.t- M.:=l;n ~+r~Qr
Mechanicsburq, Fa. 17055
Attorney for: P1 "i ntiff
Telephone: (717) 697-8528
Supreme Court 10 No. 47077
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MIDDLESEX TOWNSHIP
MUNICIPAL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2001-1191
CARLISLE MOTEL & CAMPGROUND,
INC.,
Defendant
and
M & T BANK, also known as
Manufacturers And Traders Trust
Company,
Garnishee
PRAECIPE FOR ENTRY OF JUDGMENT
PURSUANT TO PaRC.P. 3146(b)
TO THE PROTHONOTARY:
Please enter judgment in favor of Middlesex Township Municipal Authority, Plaintiff and
against M & T Bank, also known as Manufacturers and Traders Trust Company, Garnishee in
the amount of $ 13,752.43 pursuant to Pa.R.C.P. 3146(b), which amount represents the property
of the Defendant admitted in the answers to interrogatories to be in the possession of the
Garnishee, a true and correct copy of which answers to interrogatories are attached hereto and
incorporated by reference herein as "Exhibit A".
Pursuant to Pa.R.C.P. 3l48(a)(1), the judgment entered hereby is in the form ofamoney
judgment, the amount garnished being in the nature of a debt owed by Garnishee to the
Defendant.
SNELBAKER, BRENNEMAN & SPARE, P. C.
LAW OFFICES
SNEL.BAKER,
BRENNEMAN
&. SPARE
~~
Date: July 9, 2001
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Solicitors for Plaintiff
LAW OFFICES
SNE::LBAKER,
BReNNEMAN
& SPARE
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy ofthe foregoing Praecipe to be served upon the persons and in the
manner indicated below:
FIRST CLASS MAlL POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Christine Alianello
Legal Department
M & T Bank
p, O. Box 708
A1toona, P A 16603
M&TBank
One West High Street
Carlisle, P A 17013
Carlisle Motel & Campground, Inc.
1075 Harrisburg Pike
Carlisle, P A 17013
t/fn~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Solicitors for Plaintiff
Middlesex Township Municipal Authority
Date: July 9, 2001
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
M&T Bank.
Plaintiff(s) Middlesex Township Municipal Authority
Petitioner( s)
Vs .
Carlisle Motel and Campground, Inc.
Case No. 01-1191
Defendant( s)
Respondent( s)
Responses to
Interrogatories
MANUFACTURERS AND TRADERS TRUST COMPANY
Garnishee(s).
MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the
Interrogatories states:
[Questions and Answers Pursuant to 14 Pa C.S.A. Rule 3253]
L At the time you were served or at any subsequent time, did you owe the defendant(s) any
money or were you liable to defendant(s) on any negotiable or other written instrument,
or did defendant(s) claim that you owed any money or were liable to defendant(s) for any
reason?
Answer:
o
xl
o
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
2. At the time you were served or at any subsequent time, was there in your possession,
custody or control or in the joint possession, custody or control of yourself or one or
more other persons any property of any nature owned solely or in part by the
defendant(s)?
Answer:
K
o
o
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
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EXHIBIT A
3. At any time you were served or at any subsequent time, did you hold legal title to any
property of any nature owned solely or in part by the defendant(s) or in which
defendant(s) held or claimed any interest?
Answer:
D
)Q.
D
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
4. At any time you were served or at any subsequent time, did you hold as a fiduciary any
property in which the defendant( s) had an interest?
Answer:
D
~
D
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
5. At any time before or after you were served, did the defendant(s) transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and, if so,
what was the consideration therefor?
Answer:
D
Yes. The consideration was
~ No
D Denies knowledge or information sufficient to form a belief as to
the answer to the question.
6, At the time you were served or at any subsequent time, did you pay, transfer or deliver
any money or property to the defendant(s) or to any person or place pursuant to the
direction of defendant(s) against you?
Answer:
D
^
D
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question,
[Additional Questiolls and Answer (if any)]
If any of the following reasons are checked, the account(s) in question are not subject to
attachment because:
D Account(s) No(s).
are escrow account(s) for real estate taxes and insurance.
D [Field 12] has a right of set off against the account(s) which it hereby elects to
assert.
Dated:
D Other: [Consult with Counsel's Office and type in reason]
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MANUFACTURERS AND TRADERS
TRUST COMPANY
By: c= ~ -w~~l5!.Lt
Name: Christine Alianiello
Title: Supervisor
Legal document Processing
PO Box 708
Altoona, P A 16603
(814) 947-5871
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