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Home My WebLink About01-5969LAW OFFICES SNELBAKER, BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ,.{~&q Et'o; 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. Solicitor for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ~"~/,,,~ o 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 ora 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. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 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 1 through 5, inclusive, of this Complaint are incorporated by reference herein in their entirety. 7. At all times relevant hereto, specifically from January 2001 through August 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 January 2001 through August 2001 despite repeated requests to do so. 10. Defendant has failed and refused to pay the total amount of $19,542.57 due and owing Plaintiff for water and sewer services provided the premises from January 2001 through August 2001, which sum includes applicable late charges or penalties assessed in accordance with rules, rates and regulations of the Authority. 11. 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 Defendant's premises were fair, reasonable and never objected to by Defendant. -2- SNELBAKER. BRENNEMAN SPAre 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 $19,524.57 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 Plaintiff to 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 provided Defendant's premises that would be unconscionable for Defendant to retain. LAW OFFICES SNELBAKER. BRENNEMAN & SPARe 19. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $19,524.57. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $19,524.57 together with interest and costs of this action. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: &~l~l~ t~, 200' Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township Municipal Authority -4- LAW OFFICES SNELBAKER, BRENNEMAn & SPARE 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. Date:/O --/.5---~/ ::.*::: 10£1D/2:001 ~?-~,.'..~;~: CuFrerlt A~¢ount Mas, ar mecvru Meter & Financial [nfo '" ::: '. Transect ions query for acct: 00204 Sewer Total Open Bal Reference 855.83 2,576.99 22,101.56 B[LLZNG 2001/09 122.38 370.10 19,524.57 1,223.83 3,700.99 19,154.47 B~LLZNG 2001/AUGUST ~t Date. 'Ty Water ~J'~;O/OS/OI:BL 1,721.16 ~} i0/04/0'1.PE 247:72 ~f'0~/0?/01.'e~. 2,477.16 ~I:08/03/01.'BL 2,401.56 ~.:08/O.3~0~.PE 0.00 los'/02 Ol':PY -lS,431.ss 07708/01BL 2,023.5,6 l.leT/0s/o.1.P£ ~t 06/21/01PP -1,227;52 ~J~=o6~21/01:PY ,t~640,37 2,023:,6 118.70 358.86 15~453,.48 1,187.03 3,588.59 15,094.62 100.30 100.30 11,506;03 -100.30 -302.66 11,405.73 -6,189.27 -21,620.86 11,708~33 1,003.03 3,026.59 33;329.25 100,30 302.56 30,302.66 ~610.10 -1,837.62 30,000;00 ~ 0.00 -1,640;37 31,837.62 .i,003.03 3,026.59 33,477.99 B[LLING JULY/200'1 B[LLZNG 2001/JUNE BZLLZNG 2001/MAY Press <Fl> to axtt ~I~" St:: PA Zip: 1701.3' p: ~ .,. ~ i . ' ~/: '' <Pg> - Help ; ' ~ --.~.~,,~. · . ::..':~_~:~ ~ '---~-~-~ ~110/10/2001/~~1 Current A~=ount Master Re~ord ~i,: ...Account' ~?~-T:7 ...... ,' I -,, Meter & Fin~"~fa~ Znfo -' '' ' 'Transactions query for ecct: 0020¢ ~.Date. ' Ty Water Sewer Tota] O~en':Bal Reference ;06/06/O1:PE .157.00 78.22 235.23 30,451.40 04/O6/01"PE '1,569.95 782.23 2,352.19 30;216~18 119.20 59.82 179.02 27~863;99 1,191.96. 598.23 1,790.19 27~684.97 202.36 100.30 302.66 25,854.78 03/:06/01 BL 2,023.56 1,003.03 3,026.59. 25,592.t2 03/06/01PE 232.60 115.02 347.62 22,565.53 02:/06/01BL 2,325.96 1,150.23 3,47§.19 22,'Z17.91 ~2/05/01 PE 141.88 70.86 212.74 18,74!.72 1/05/01' BL 1,418.76 708.63 2,127.39 18,528.98 01/05/01 PE 179,68 89.26 268.94 16,401.59 ~'2~06/00 BL 1,796.76 892.63 2,689.39 16,132..65 12/05/00 PE 194.80 96.62 291.42 13,443.26 · 12/04/00 PP -367,79 -204.28 -572.'07 13~1.51.84 1.2/O~/00 .PY -2,927.93 0.00 -2,927.93 13,723.91 - ?'' Press <Fl> to exit st~ PA ZiD~ 17013' p:__ __~ I BILLING 2001/APR!L B[LL!NG 2001/MARCH BZLL]NG 2001/FEB. B;LLZNG 2001/JANUAR .BILLING 2000/DEC. BZLLZNG 2000/NOV. <F~> - Help . . ~ EXHIBIT A LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5969 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL ANSWER TO INTERROGATORY Plaintiff Middlesex Township Municipal Authority, by its Solicitors, Snelbaker, Brenneman & Spare, P. C., files this Motion To Compel and in support thereof states the following: 1. On February 21, 2002 Plaintiff served upon Defendant an Interrogatory. A tree and correct copy of the aforementioned Interrogatory is attached hereto and incorporated by reference herein as "Exhibit A". 2. Contrary to the Notice contained with the Interrogatory, Defendant failed to file any response to the Interrogatory within thirty (30) days of February 21,2002. 3. On March 26, 2002 counsel for Plaintiff sent to the Defendant a letter reminding them of their obligation to serve an answer to the Interrogatory. A true and correct copy of the letter dated March 26, 2002 is attached hereto and incorporated by reference herein as "Exhibit B". 4. Defendant has failed and refused to provide an answer to the Interrogatory in spite of the initial notice provided to it and the subsequent letter made reference to in Paragraph 3, above. WHEREFORE, Plaintiff requests this Court to issue an Order directing that Defendant provide a full and complete answer to the Interrogatory served within twenty (20) days of the SPARE date of the Court's Order. Date: April 3, 2002 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority -2- SNELBAK£R. & SP~R~ MIDDLESEX TOWNSHIP MUNICIPAL AUTHOKITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5969 CIVIL TERM CIVIL ACTION - LAW TO: Carlisle Motel and Campground, Inc., Defendant PLEASE TAKE NOTICE that you are hereby requested pursuant to Pennsylvania Rules of Civil Procedure 4001, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, answers in writing and under oath to the following Interrogatory. Date: February 21, 2002 SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township Municipal Authority EXHIBIT A SNELBAKER. BRENNEMAN SPARE DEFINITIONS AND INSTRUCTIONS When you are asked to "name" a person or individual, you are to state the first name, last name and any known middle initial for such person or individual. When you are asked to give the address of any person or individual, state the lot number, if applicable, together with street as well as the entire mailing address. INTERROGATORY 1. State the name and address of each and every person who is a tenant at the property of Carlisle Motel and Campground, Inc. located at 1075 Harrisburg Pike, Carlisle, whether or not the tenant resides there. ANSWER: -2- BRENNEMAN 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 Interrogatory to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date: February 21, 2002 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff ~NELBAKER-, BP,.ENNEMAN ~ SPARE A'I-rOR_,'qEY5 AT LAW MECHANICSBURG, PENNSYLVANIA [7055 March 26, 2002 Mr. and Mrs. Raymond Cashill Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Re: Middlesex Township Municipal Authority v. Carlisle Motel & Campground, Inc. No. 2001-5969, Cumberland County Dear Mr. and Mrs. Cashill: On February 21, 2002 I sent to Carlisle Motel & Campground, Inc. an Interrogatory to be answered. It has been more than thirty days since the service of the Interrogatory upon you. If I do not receive in writing from you an answer to the Interrogatory which sets forth the name and address of each of your tenants, I will proceed with obtaining an Order from the Court compelling you to provide that information. Please be guided accordingly. Yours truly, KeithO. Breuneman KOB/sz CC: Rory Morrison, Operations Manager EXHIBIT B LAW OFFICES SNeLbAKeR. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff VS. CARLISLE MOTEL AND CAMPGROUND, 1NC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5969 CIVIL IN RE: MOTION TO COMPEL AND NOW, this ORDER day of April, 2002, a nde is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, .Hess, J~ - LAW OFF]CES SNELBAKER, BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 -5969 CIVIL TERM . : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action satisfied, discontinued and ended upon your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: September 6, 2002 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority LAW OFFICES SNEIBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attomeys for Middlesex Township Municipal Authority