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Home My WebLink About99-02979PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 1999-02979 CAPITAL TAX COLLECTION BUREAU (vs) STINE ROBERT C JR Reference No.. Case Type.....: APPEAL - DJ Fi.led....... 5/17/1999 Judgment.... : .00 Judge Assigned: Time.........: Execution Date Jur Trial 2:49 0/00/0000 Disposed Desc.: - y .... Disposed Date. 0/00/0000 ----------- Case Comments ------------- Higher Crt 1.: Higher Crt 2.: *******************#************************************#*********************** General Index Attorney Info CAPITAL TAX COLLECTION BUREAU PLAINTIFF C/O JOHN BOYLE DENNIS E STAMBAUGH 19 SOUTH HANOVER STREET CARLISLE PA 17013 NORTH MIDDLETON TOWNSHIP PLAINTIFF BOYLE DENNIS E STINE ROBERT C JR DEFENDANT TURO RON 470 CORNMAN ROAD CARLISLE PA 17013 ******************************************************************************** * Date Entries ************************************************#*************#***************** - FIRST ENTRY - - - - - - - - - - - - - - 5/17/1999 APPEAL FROM DISTRICT JUSTICE JUDGMENT ------------------------------------------------------------------- 5/17/1999 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE -------------------------- ---------------------------- 5/21/1999 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 6/O1/1999 AFFIDAVIT OF SERVICE ------------------------------------------------------------------- 6/01/1999 AFFIDAVIT OF SERVICE ------------------------------------------------------------------- 6/03/1999 COMPLAINT -------------------------------------------------•------------------ 6/03/1999 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLAINTIFF BY DENNIS E BOYLE ESQ 6/11/1999 DEFENDANT'S PRELIMINARY OBJECTIONS ------------------------------------------------------------------- '7/01/1999 AMENDED COMPLAINT ------------------------------------------------------------------- 7/06/1999 CERTIFICATE OF SERVICE ------------------------------------------------------------•------- 7/21/1999 DEFENDANT'S PRELIMINARY OBJECTIONS ------------------------------------------------------------------- 8/09/1999 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF THE DEFENDANT ---------------------------------•--------------------------------- 10/12/1999 PRAECIPE FOR LISTING CASE FOR ARGUMENT BY DENNIS E BOYLE ESQ DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Be *Bal***Pmts/Ad End Bal ******************************** **** ****** *************#***************** APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ----------------------- ------------ 45.25 45.25 .00 * End of Case information NORTH MIDDLETON TOWNSHIP Plaintiff V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO.: 99-2979 CIVIL TERM ROBERT C. STINE, JR., Defendant CIVIL ACTION -LAW PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS I. STATEMENT OF FACTS AND PROCEDURAL HISTORY: A. Procedural History; The Capital Tax Collection Bureau ("CTCB") filed a Complaint against Robert C. Stine, Jr., on behalf of North Middleton Township, Cumberland County, for the failure to pay for trash collection and removal services as required by the Township's Solid Waste Disposal Ordinance. Mr. Stine entered a defense and a hearing on the merits was held before the Honorable Paula P. Correal. Following a hearing on the merits, District Justice Correal entered judgment in favor of North Middleton Township and against Mr. Stine in the amount of $157.09. The Defendant thereafter filed a timely appeal from the judgment. Pursuant to a Rule entered by the Prothonotary of Cumberland County, CTCB filed a Complaint in the Court of Common Pleas in Cumberland County on June 3, 1999, on behalf of North Middleton Township. The Defendant, thereafter, filed Preliminary Objections on June 11, 1999, alleging that CTCB was not a duly authorized agent of North Middleton Township (Preliminary Objections 11) and otherwise indicated that the case should be brought in the name of North Middleton Township. In response to the Defendant's Preliminary Objections, Plaintiff filed an Amended Complaint on July 1. 1999. On July 21, 1999, the Delendant, once again, filed Preliminary Objections. North Middleton Township filed an Answer to the Defendant's Preliminary Objections to the Amended Complaint on August 8, 1999. This Brief is filed in support of Plaintiffs Answer to Defendant's Preliminary Objections to the Amended Complaint. B. Statement of Facts: On July 15, 1997, North Middleton Township enacted Ordinance 97-6, entitled "An Ordinance Regulating The Collection, Storage, Disposal and Recycling of Solid Waste and Recyclables, Providing for the Authorizations and Licensing of Township Collectors for Solid Waste and Recyclables; Provided for Provision of Regulating Billing; and Providing for Penalties of Violation of the Ordinance" (hereinafter "Solid Waste Ordinance"), which governs the collection of solid waste and charges to be levied upon residents for solid waste removal services. (Amended Complaint 13.) Mr. Stine is a resident of North Middleton Township (Amended Complaint 1¶2, 4, 6), and as a resident, lie has a duty pursuant to the Solid Waste Ordinance to pay fees for the disposal of refuse. (.Amended Complaint ¶4). Despite repeated demands for payment by North Middleton Township through its agent, CTCB, the Defendant has refused to make payments to North Middleton Township for refuse collection services as required by the Ordinance. (Amended Complaint ¶7). As a result of his failure to pay the fee required by the Ordinance, Mr. Stine has accumulated a debt to the Township in the amount of $157.90 as of the date of the filing of the Complaint. (Complaint 119)• 1) If. QUESTIONS PRESENTED: WHETHER THE FILING OF AN AMENDED COMPLAINT IN ACCORDANCE WITH PENNSYLVANIA RULE OF CIVIL. PROCEDURE 1028 CLARIFYING THE PLAINTIFF IN INTEREST REQUIRES APPROVAL OF COURT OR CONSENT OF THE OPPOSING PARTY? (Suggested Answer in the Negative). WHETHER PRELIMINARY OBJECTIONS ARE A PROPER VEHICLE FOR DENYING THE FACTUAL AVERMENTS OF THE COMPLAINT? (Suggested Answer in the Negative). WHETHER A MUNICIPALITY IS BARRED FROM COLLECTING ATTORNEY FEES IN A CIVIL ENFORCEMENT ACTION WHERE COLLECTION OF ATTORNEY FEES IS AUTHORIZED BY ORDINANCE AND WHERE DEFENDANT IIAS NO GOOD FAITH BASIS FOR FAILING TO COMPLY WITH THE ORDINANCE? (Suggested Answer in the Negative). ILL ARGUMENT: A. Standard of Review: Pennsylvania Rules of Civil Procedure 1028(a)(4) authorizes a preliminary objection in the nature of a demurrer to challenge the legal sufficiency of a complaint. For purposes of determining whether a demurrer should be granted. all well plead facts and inferences reasonably deducible therefrom are accepted as true. Reall. Gang) As.socicrles, Inc. v. Divosivic, 408 Pa. Super. 326, 396 A.2d 880 (1091): ll'urth v. 0h, al'I'lriladelphiu, 136 Pa. Commw. 629.584 A.2d 403 (1990). In 3 order for a demurrer to be sustained, the plaintiffs complaint must fail to set forth a cause of action upon which relief can be granted under any theory of law. Stilton v. Miller, 405 Pa. Super. 213, 592 A.2d 83 (1991). In this case, the Defendant attempts to use Rule 1028 to challenge Plaintiff's amendment to its Complaint, to deny the factual averments of the Complaint, and to challenge the Township's entitled to attorney fees. Plaintiff contends, however, that these are not proper subjects for a demurrer. Even if a demurrer were the appropriate procedural vehicle for raising these issues, Defendant's arguments would nevertheless lack any legal or factual support. B. Plaintiffs amendment of its Complaint in response to Defendant's initial tirelimina w Objections is consistent with and permitted by Pa R r p 1028. Pennsylvania Rule of Civil Procedure 1028(c)(1) states that, "a party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections as to the original pleading shall be deemed mute." In this particular case, upon receipt of Defendant's original Preliminary Objections, the Plaintiff filed an Amended Complaint within twenty (20) days of service, as required by Pa.R.C.P. 1028. Plaintiffs change had the effect of changing the caption to reflect that the case was actually being brought by North Middleton Township; substantively, the Complaint was in all respects identical to the original Complaint. Defendant now contends, Rule 1028 notwithstanding, 4 i that the Plaintiff was not entitled to amend his Complaint without leave of court or consent of i opposing counsel.' In this case, it is true that the original Complaint was captioned, "Capital Tax Collection i Bureau v. Robert C. Stine, Jr." and that the Amended Complaint was captioned, "North Middleton Township v. Robert C. Stine, Jr.". Both Complaints, however, reveal that North Middleton Township has always been the true party-in-interest, and therefore this is not a "replacement of one party to an action by another because of death, incompetency or transfer of interest." Black's Law Dictionary, 6" Edition (1990) (defining substitution). Further, Plaintiffs amendment was filed within twenty days and it is therefore permissible under Pa.R.C.P. 1028(c)(I). The recent Cumberland Count), case of the Estate of Gouse v. Miller & Norford, 48 Comb. 240 (1999) is illustrative. In the Estate of Gouse, the plaintiffs counsel commenced an action in the name of an estate, despite clearly held precedent that for purposes of civil litigation an estate has no legal existence. Cenish v. Northwest Medical Center, _ Pa. Super. 692 A.2d 192 (1997). The j defendant in that case filed preliminary objections challenging the omission of the personal l representative. Id. at 242. In response and pursuant to Pa.R.C.P. 1028(c)(1), the plaintiff filed an 1 amended complaint this time naming the personal representative as a party. Id. The defendant j ' It should be noted that this is not a case where the amendment of the Complaint has in any way prejudiced the Defendant. The amendment was made well within the statute of limitations for bring the action and Defendant's legal rights and responsibilities were not in any way altered by the amendment. Further, it was actually the Defendant in his initial Preliminary Objections who indicated that the case should be brought by North Middleton Township. By filing its Amended Complaint, the Plaintiff simply acceeded to the Defendant's demands. Therefore, had consent been required, the Defendant would have no good faith basis to refuse to 1 the change. 5 thereafter filed preliminary objections to the amended complaint claiming, as the Defendant has done in this case, contending that the plaintiff "failed to obtain Rule 1023 consent or leave of court to substitute plaintiff." Further, in the Estate gfGouse, the amendment was made after the statute of limitations had run and would have been time-barred. Id. In Estate of Gouse, the Cumberland County Court of Common Pleas overruled the preliminary objections stating, "in the case sub judice, the more proper designation of the plaintiff in the caption of the amended complaint by reference to the administratrix of the estate did not, in the court's view, introduce a new party to the case, where the estate was in existence at the time of the filing of the praecipe for writ of summons. The amendment corrected the name of but did not add or change a party. [citation omitted]. By virtue of Pennsylvania Rule of Civil Procedure 1028(c)(1) neither consent of the adverse parties nor leave of court was required for the amendment. In the present case, the initial action was brought by CTCB as the agent for North Middleton Township. (See, Complaint ¶1; Amended Complaint ¶l). Arguably, the Complaint could more properly been brought in the name of the Township. By filing an Amended Complaint, the Plaintiff merely sought to more properly designate the name of the Plaintiff in the caption. See, Estate of Gouse, 48 Cumb. at 244. Further, as this Court has already determined, the correction of a "wrong designation" in a caption is pennissible "by virtue of Pennsylvania Rule of Civil Procedure 1028(c)(1) ... [and] ... neither consent of the adverse party or leave of court ... [is] required for the amendment."'- The Defendant's first Preliminary Objection is clearly without merit. There appears to be a misconception in Defendant's Preliminary Objections as to CTCB's status. CTCB is not a private collection agency; rather, it is a federation of G C. A dcnwrrer is not a nropgr procedural device for denying allegations of a complaint In his second demurrer (¶T5-6), the Defendant makes allegations that North Middleton Township never provided services to the Defendant and never sent a bill to the Defendant for any of these services. By making these statements of fact, the Defendant has used the incorrect procedural device. Under Pa.R.C.P. 1028(a)(2) preliminary objections may be filed for "the legal sufficiency of a pleading (demurrer)". The Defendant's assertion that North Middleton Township neither provided nor billed for services is merely a factual denial of the Plaintiffs assertions that North Middleton Township provided the services required by the Ordinance and that North Middleton Township, through its agent, CTCB, had made repeated demands for payment (Amended Complaint ¶% 9, 10). For purposes of this demurrer, all well plead facts and inferences reasonably deducible therefrom are accepted as true. Really Group Associates, Inc. v. Divosivic, 408 Pa. Super. at 326, 396 A.2d at 880; Wurdt v. City of Philadelphia, 136 Pa. Commw. at 629, 584 A.2d at 403 This demurrer must also be overruled. municipalities which have pooled their resources for the purpose of administering earned income tax resolutions and ordinances and similar municipal ordinances. Currently, CTCB is a non- profit Pennsylvania corporation made up of fifty-seven (57) school dist.:cts and municipalities in the Central Pennsylvania area. This organisation is authorized by the municipal ordinances designating CTCB as a municipal agent, by the By-Laws of CTCB and by state statute. See, 53 P.S. §6913. 7 D. N-Q! i Middleton Township maY collect attorney fees in a civil action where the collection of attorney fees is specific y authorized by ordinance and where the Defendant lacks -a good faith basis for its defense The Defendant also challenges, by way of demurrer, the authority of North Middleton Township to collect attorney fees incurred as a result of an enforcement action. However, the Defendant acknowledges in the demurrer itself that the Solid Waste Ordinance, Article 5, Section 3, specifically sets forth that attorney fees may be collected "where attorney fees are sought to be collected or are incurred as a result of civil enforcement proceedings or other actions initiated by North Middleton Township." As the Amended Complaint makes clear, enforcement of the Ordinance is being sought by North Middleton Township. The Defendant, however, appears to proceed under the belief that North Middleton Township is not the true party-in-interest, despite the averments of the Complaint and the Verification of the Township Manager. What is more, since the Court is required at this stage to accept all well plead averments as true, see, Realty Group Associaies, Inc. v. Divosivic, 408 Pa. Super. at 326, 396 A.2d at 880; Wurih v. City of Philadelphia, 136 Pa. Comtnw. at 629, 584 A.2d at 403, there is simply no record upon which to sustain Plaintiffs averments. In addition to the authority for attorney fees contained in the Ordinance, 42 Pa.C.S.A. §2503(7) and (9), specifically authorize a court to award attorney fees in a case where a party takes actions without a good faith basis. See, Santilo v. Robinson, 383 Pa. Super. 604, 557 A.2d 416 (1989). In this particular case, it is believed that once an answer has been filed, the Plaintiff will 8 have had no good faith basis for his position, and that North Middleton Township will be entitled to its attorney fees in accordance with state law, as well as by the authority contained in the Ordinance. At this stage, however, there is an insufficient factual record (at the very least) to grant Defendant's demurrer. IV. CONCLUSION. For the reasons set forth above, the Plaintiff, North Middleton Township, respectfully requests this Honorable Court overrule the Defendant's Preliminary Objections and direct the Defendant to file an answer within twenty (20) days. NAUMAN, SMITH, SHISSLER & HALL, LLP j Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 i Spencer G. Nauman, Jr., Esquire Supreme Court I.D. No. 07226 200 N. 3' Street, 18°i Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: North Middleton Township Dated: December 2, 1999 9 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Amended Complaint by United States First Class Mail, postage prepaid, upon the party(s) or counsel of record addressed as follows: Ron Turo, Esquire 32 S. Bradford Street Carlisle PA 17013 Dennis E. Boyle, Esquire Dated: December 2, 1999 NORTH MIDDLETON TOWNSHIP Plaintiff V. ROBERT C. STINE, 3R., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY :PENNSYLVANIA : NO.: 99-2979 CIVIL TERM : CIVIL ACTION -LAW NOSE 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 OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, 4" Floor Cumberland County Courthouse i Courthouse Square Carlisle PA 17013 Telephone: (717) 240-6200 Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de ]a fecha de la demanda y ]a notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator, 4" Floor Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 Telephone: (717) 240-6200 NAUMAN, SMITH, SHISSLER & HALL 6° Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 31d Street, 18'h Floor P. 0. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital Tax Collection Bureau Dated: July 1, 1999 2 NORTH MIDDLETON TOWNSHIP Plaintiff V. ROBERT C. STINE, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.: 99-2979 CIVIL TERM CIVIL ACTION -LAW AMENDED COMPLAINT AND NOW comes the Plaintiff, North Middleton Township, through its counsel, Nauman, Smith, Shissler & Hall, and files the within Complaint and avers as follows: 1. Plaintiff, North Middleton Township is a municipal corporation with its office located at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania. Capital Tax Collection Bureau is a corporation organized and existing under the laws of the Commonwealti, of Pennsylvania, with offices located at 19 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania, and a duly authorized agent for North Middleton Township, Cumberland County, for the purpose of administering its Refuse Collection Ordinance. 2. Defendant, Robert C. Stine, Jr., is an adult individual residing at 470 Comman Road, Carlisle, Cumberland County, Pennsylvania. 3. On July 15, 1997, North Middleton Township lawfully enacted Ordinance 97-6 entitled "An Ordinance Regulating The Collection, Storage, Disposal, And Recycling of solid Waste and Recyclables; Providing For The Authorization and Licensing of Township Collectors for Solid Waste and Recyclables; Providing for Provisions Regulation Billing; and Providing for Penalties for Violation of this Ordinance" governing collection charges to be levied upon its residents for the disposal of refuse. i I 4. Defendant, as an owner of a residence located in North Middleton Township, Cumberland County, Pennsylvania, had a duty, pursuant to North Middleton Township Ordinance 97-6, a copy of which is attached hereto as Exhibit "A", to pay a fee for the disposal of refuse. Said Ordinance is incorporated hereby reference. COUNT I - COLLECTION OF A DEBT 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully restated. 6. Since at least the third quarter of 1997 and continuing thereafter until the present, Defendant has been the owner of a residence located at 470 Cornman Road, North Middleton Township, Cumberland County, Pennsylvania. 7. Since the third quarter of 1997 and continuing until the present, Defendant has failed, refused, or otherwise neglected to make payments to North Middleton Township for refuse collection services. 8. Since the third quarter of 1997, North Middleton Township has provided all services required under the Ordinances. 9. Defendant currently owes the Plaintiff $157.09 in fees for refuse collection under the Ordinances. 10. North Middleton Township, through its agent, Capital Tax Collection Bureau, has made repeated demands for payment, all of which have been ignored. 2 WHEREFORE, North Middleton Township demands judgment in its favor and against Robert C. Stine, Jr., in the amount of $157.09. 11. Paragraphs 1 through 10 are incorporated herein by reference as if fully restated. 12. The Ordinance further provides that Defendant shall pay a civil penalty in the amount of ten percent (10%) of the uncollected balance, costs of collection of the charges, and interest at a rate of one percent (1%) per month on the charges and penalty. 13. The Ordinance further provides that Defendant shall pay, as part of the costs of collection, attorneys fees incurred by the Plaintiff in pursuit of this action at a rate of eighty-five dollars ($85.00) per hour. 14. The Plaintiff has incurred and continues to incur attorneys fees in the prosecution of this matter. WHEREFORE, North Middleton Township demands judgment in its favor and against Robert C. Stine, Jr. in the amount of $157.09, together with a penalty of $15.70, and interest at a rate 3 of 1 % per annum since August 5, 1998, the costs of suit and reasonable attorneys fees, which sum does not exceed the arbitration limit NAUMAN, SMITH, SHISSLER & HALL 42. 4?? ?`- Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 31 Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Dated: Counsel For: Capital Tax Collection Bureau and July I, 1999 North Middleton Township 4 EXHIBIT "A" 05/27!99 THU 14:05 FAX 71724'4224 C.T.C.B.CARLISLE I IA 002 NORTB NIDDLETON TOWNSHIP CUNMERLAND COUNTY, PENNSY,TVANIA ORDINANCE NO. 97-6 AN ORDINANCE REGULATING THE COLLECTIOxf STOR- AGE, DISPOSAL, AND RECYCLING OF SOLID WASTE AND RECYCLABLES; PROVIDING FOR THE AUTHORIZA- TION AND LICENSING OF TOWNSHIP COLLECTORS FOR SOLID WASTE" AND RECYCLABLES; PROVIDING FOR PROVISIONS REGULATION BILLING; AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE. 00^? WHEREAS, the "Municipal Waste Planning, Recycling and Waste Reduction Act", the Act of July 28, 1988, P.L. 556, as amended (53 P.S. Section 4000.101 et seq.) provides that North Middleton Township shall have the duty and power to adopt and implement programs for the collection and recycling of municipal solid waste and recyclables and to provide regulatioris for the billing therefore; and WHEREAS, the Board of Supervisors of North Middleton Town- ship feels that it is in the best interest of the Township and its residents to become actively involved in recycling and the conservation of recyclable materials; and WHEREAS, this ordinance and the objectives leading to its enactment are authorized by "The Second Class Township Code", Act of May 1, 1933, P.L. 103, No. 69, reenacted and amended November 9, 1996, P.L. 350, No. 60 (53 P.S. Section 65101 et seq.); Act of July 10, 1947, P.S. 1481 (53 P.S. Section 65101, et seq.) and by the "Municipal waste Planning, Recycling and Waste Reduction Act"', the Act of July 28,•1988, P.L. 556, as amended (53 P.S. Section' 4000.101 et seq.); it is therefore enacted and ordained by the Board of Supervisors of North Middleton Township, Cumberland County, Pennsylvania, as follows: ARTICLE 1. GENERAL SECTION 1: SIiORT TITLE This ordinance shall be known and may be cited as the "NORTH MIDDLETON TOWNSHIP SOLID WASTE AND RECYCLING ORDINANCE OF 1997". SECTION 2: DEFINITIONS The following words and terms when used in this ordinance 05/27/99 THU 14:06 FAX 71724- '24 C.T.C.B.CARLISLE shall have, unless the context clearly indicates otherwise, the. meanings given to them in this Section. Abatement means the restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person. Aluminum means the light weight ductile and malleable metallic substance or element commonly known as aluminum and shall include all aluminum food and beverage cans. This description excludes aluminum foil, trays, plates, and miscel laneous. aluminum products. Apartment Building is a building used for residential purposes with more than four (4) dwelling units each,' except hotels, motels, tourist cabins, dormitories, and any and all other multi-residential units. Ashes are the residue from the burning of wood, coal, coke or other combustible materials for the purpose of heating and cooking. Sulky Baste is items of solid waste and, therefore, require special handling including, but not necessarily being limited to, large household appliances such as stoves and refrigerators, plumbing fixtures, furniture, large crates, tires, tools, machinery or parts thereof. Commercial Establishments-are those establishments that generate solid waste in the operation of wholesale, retail or service businesses, multi-family buildings (apartment and condominium buildings of more than four (4) dwelling units each), hotels, motels and farms not utilizing residential services through the Township's contract hauler. .- Commingled refers to placement of recyclable. materials as defined herein, except newspapers and corrugated cardboard, in a special recycling container for the purpose of collection without their having been segregated by color or type. Dwelling Unit is one or more rooms in a residential building which room or rooms have fixed cooking facilities arranged for occupancy by one or more persons living together, or one family. Dwelling unit shall also be deemed to mean unit as set:forth in these documents. Garbage is all table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof, and all other articles and materials ordinarily used for food which have become unfit for such use.or which are for any reason discarded. 2 fd 003 I . 05/27/99 THU 14:06 FAX 71724'-1124 C.T.c.B. CARLISLE Glass shall mean the hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently'included in the manufacture of glass; and shall for the purpose of this contract include all materials commonly ]mown as glass bottles or containers. This incudes all food and beverage containers made of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly known as window or plate glass. BDPE - High Density Polyethylene Hazardous waste is any chemical, compound, mixture, sub- stance, or article, which is designated by the United states Environmental Protection Agency or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal or state law. Industrial Establishments are those facilities that generate residual waste through manufacturing, warehousing or mining operations. institutional Establishments are those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes. Leaf waste is leaves, garden residues, shrubbery, and tree trimmings, and similar material, not including grass clippings. Municipal Establishments means public facilities operated by the Township and any other governmental and quasi-governmental authorities. Municipal waste is any garbage, refuse, industrial lunch- room, or office waste and any other material including solid waste, liquid; semi-solid or contained gaseous materials result- ing from the operation of residential, municipal, commercial or institutional establishments and from. community. activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commer- cial or institutional water supply treatment plant, waste water treatment plant or air pollution control facilities. Municipality means "North Middleton Township". Newspaper means types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper may include magazines or glossy paper inserts commonly used in advertisements. 10 004 05/27/99 THU 14:07 FAA 71724 924 C.T.C.B.CARLISLE PET - Polyethylene terephthalate used to make plastic soda bottles. . Person is every natural person, firm, corporation, partner- ship, association, or institution. Plastic Bottles are empty and clean consumer product con- tainers made of Poly-Ethylene Terephthalate (PET), Polypropolene (PP), High Density Polyethylene (HDPE) and Low Density Poly- ethylene (LDPE) most commonly,, but not limited,to, plastic bottles used as containers for soda, milk and other consumer food products or for household cleaning products or for.personal care products. Processing Ceiter is any facility maintained for the purpose of storing, preparing, and/or consolidating, recyclable materials (as defined herein) for sale. Public Awareness Program is the program developed and provided by contractor or municipality to inform and encourage residents to use the recycling collection services. Recreational Cottages/Tourist cabins are seasonal single- family dwelling units where the occupants lists a permanent address elsewhere and the unit is occupied not more than twenty- one (21) consecutive days per contract quarter. Recyclable Materials incudes colored and clear glass, aluminum cans, plastic bottles, corrugated cardboard, newspaper, steel and bimetallic cans, and such other materials as the parties may agree in writing. Recycling collection services are those services to be performed by contractor as follows: (1) the collection and conveyance of recyclable materials; (2) processing of recyclable materials as applicable; and (3) marketing of the recyclable materials. Recycling containers are sturdy plastic containers having a minimum capacity of 20/22 gallons, being of one color as desig- nated-by the municipality and bearing the municipal recycling logo. Refuse is a general term which shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort, and safety of the citizens of North Middleton Township; it shall include ashes, garbage, rubbish, trash, and other refuse materials, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than three (3) inches 10005 i 05/27/99 THU 14:07 FAX 71724"M C.T.C.d.CARLISLE in diameter; hazardous wastes; and recyclable items as defined herein. Refuse Collection 8ervices.are those services to be per- formed by contractor as follows: (1) collection of refuse from locations; (2) transportation of refuse in trucks; and (a) disposal of refuse at a facility licensed by the Pennsylvania Department of Environmental Resources (DER). Residential Building is a single-family building used for residential purposes, individual mobile homes on private lots, and/or in a mobile home park, farms (not utilizing a properly registered commercial hauler), duplexes, townhouses and multi- family buildings '(condominiums and apartments) of four dwelling. units or less each.. Exceptions are hotels, condominiums. and apartment buildings with more than four (4) dwelling units each, recreational cottages/tourist cabins, motels, fraternities, and dormitories. Residual waste is any garbage, refuse; other discarded material or other waste, including solid, •liguid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided it is not hazardous. Rubbish is branches, trees, sawdust, chips, shavings, wood, woodenware, leather, rags, grass, straw, manure, and all solid combustible matters not included in this section under the term garbage. solid Waste is any waste, including but not limited to, municipal, residual or hazardous waste, including solid, liquid, semi-solid or contained gaseous materials. solid Waste Collection services are those services to be performed by the Township collector which include the collection of solid waste from locations specifically designated by the Township, Township collector or Township licensee, transportation of solid waste in trucks, and disposal of solid waste at a facility licensed.by the Pennsylvania Department of Environmental Protection (DEP). Truck(s) is a vehicle used for the collection of refuse which has mounted thereon an approved type, water-tight sanitary body, or which has a standard truck body made water tight and equipped with means of covering to prevent loss of material by wind. 10000 O5/27/99 THU 14:08 FAX 71724''?24 C.T.C.B.CIRLISLE !21007 ARTICLE 11. STORAGE, COLLECTION AND DISPOSAL OF MUNICIPAL WASTE SECTION 1: GENERAL Xt shall be the duty of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this ordinance, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector; and to insure the sanitary and legal disposal of such waste in accordance with this Ordinance and all other applicable Township, State and Federal laws and regula- tions. SECTION 2: STORAGE ON RESIDENT?AL PROPERTY A. All municipal waste accumulated by owners-of residen- tial property and/or the occupants-of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic, or as otherwise designated by Township. Containers for curbside recyclables will be as speci- fied by the Township or as provided through an exclu- sive contract for the collection of recyclables. B. Each municipal waste container and curbside recyclable container shall be placed for collection, no more than Twenty Four (24) hours prior to the designated service day, so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street, within no more than ten (10) feet of the cartway of the street or alley from which the collec- tion with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the township and the collector- Failure to place con- tainers at such locations may result in waste not being picked up. The containers are to be removed from the immediate street or road Right-of-Way within a reason- able time limit, until the next scheduled collection day. Location for collection of uncontainerized recyclable material shall be as specified by the Town- ship. SECTION 3: STORAGE Oil COMMERCIAL MULTI-FAMILY INSTITUTIONAL AND INDUSTRIAL PROPERTIES A. Storage of municipal waste on commercial, institutional i 05/27/99 T11U 14:08 FAR 71724P- q24 C.T.C.B.CARLISLE 'm008 and industrial properties shall be done in the same type of containers as required for residential proper- ties except where the accumulation of solid waste for such commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with an authorized collector for the storing of such additional quantities. such special arrangements shall be report- ed to the Township on a Solid Waste Management Form available at the municipal office and shall include the number and type of special bulk containers to be fur- nished by the collector as may be approved by the Township. B. Containers for collection at commercial, institutional or industrial properties shall be located on the owner or occupant's premises at a place agreed upon by the owner or occupant of the.commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Township, such. locations shall not interfere with public ar private ' sidewalks, walkways, driveways, roads, streets, high- ways, alleys or entrances and exits of public or pri- vate buildings. SECTION 4: AUTHORIZATION OF COLLECTORS Except as set forth in this ordinance or any exclusive Township contract for the collection of municipal waste and recyclables, it-shall be unlawful for any person or corporation other than persons or corporations authorized by valid licenses issued by the Solid Waste Authority of Cumberland County and the Township or contract by the Township to collect and/or transport solid waste of any nature as a regular hauling business within or from:the Township. If the Township decides to enter into an exclusive contract for the collection of residential municipal waste in the Township, said contractor shall be required to collect municipal waste in the Township exclusive of other private haulers and collectors subject, however, to the excep- tions as set forth in the exclusive Township contract and this ordinance. .Authorization to collect, transport and dispose of munici- pal waste beyond the scope of any exclusive Township contract may be given only by the Township through the.issuance.of a contract or license by the Township. All applicants'wishing to apply to the Township for licensing shall be reviewed by the Township upon receipt of a completed license application, Form Number 094-1, Commercial Solid Waste and Recycling Hauler of North Middleton Township, and the Licensing Fee of $ Ten ($10.00) dollars per year, shall be approved in accordance with reasonable l standards developed therefor by the Township Board of Super- 7 05/27/99 TRU 14:09 FAX 71724^^224 . C.T.C.B.CARLISLE 121009 visors. Licensing shall be renewed annually in the month of January, at which time a Municipal Solid Waste and Recyclable Tonnage Report for the previous year must be submitted. Owners of'multi-family (apartment and condominium) bµildings with more than four (4) dwelling units each, farms (not utiliz- ing the Township's contracted residential hauler), commercial, institutional and industrial properties shall have the option to contract for. the collection and removal of municipal waste and recyclables with the contractor holding the exclusive contract for collection in the Township or any. other hauler or collector properly licensed. by the Township. SECTION 5: APPROVAL OF RJANT OR DIGpoSA M The location of the plant or disposal area which the bidder proposes to use in the disposal of refuse shall meet the approval of the Solid Waste Authority of Cumberland County. After the 1991 Cumberland county Municipal Waste. Management Plan is in effect, any such plan or facility must bi. one that is approved in the Plan for the disposal of trash generated within the county. The Township reserves the right to make inspections of authorized collectors to insure that waste generated within the Township is being disposed or in an authorized or designated facility and to limit the use of a designated facility only to waste generated within the Township. Any authorized collector found to be in violation of this Section shall have his license to collect or haul municipal waste in the Township revoked. SECTION 6: UNLAWFUL DISPOSITION OF MUNICIPAL WASTE It shall be unlawful for any person to deposit for collec- tion any solid waste including bulky items not generated at the address- from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the., collection service or to avoid the cost of collection'except as set forth in ARTICLE II, SECTION 8. SECTION 7: BULKY WASTE A: Bulky waste which is not collected by the normal or weekly residential collection or in the annual clean-up shall not be stored outside of a building or accessory building on any -land in 1 the Township, except fora period not exceeding ten (10) days pending the special handling for disposal of the bulky waste. However, brush, tree trimmings, yard clippings, leaves, grass or other waste from live plantings may be stored for longer periods of time if necessary until the next scheduled collection for such items or for the purpose of composting or burning such materials 05/27/99 THU 14:09 FAX 71724' ?24 C. T. C. D.CARLISLE in accordance with the Township ordinances, unless such storage violates other ordinances or regulations of the Township.- It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky-waste shall be disposed of at a state permitted or licensed disposal facility, a facility especially designated by the Township* to take such bulky items or a legitimate salvage dealer that is in the business of disposing of or recycling such items. B. North Middleton Township will conduct, through the municipal contract hauler, an annual Clean-Up for residential properties during a month to be determined by the Board of supervisors for each year of the contract and any extensions thereof. Each regularly scheduled collection day route shall be assigned one Saturday of the month chosen to place properly prepared municipal solid waste bulky items (i.e. appliances, furniture, and other similar items) excluding municipal solid waste col- lected under the regular service, and household hazardous waste, curbside for annual clean-up collection. SECTION s: gXCLUSIONS A. Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste beyond the scope of any contract negotiated by the Township with a collector from hauling his/her'own bulky waste and recyclable materials to a State permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facili- ty, or recycling center. B. Nothing contained herein shall be deemed to prohibit any individual from contracting with an authorized collector for removal of solid waste or recyclables beyond the scope of any'contract negotiated by the Township with a collector. C. Nothing contained herein shall prohibit a farmer, or anyone engaged in what is commonly referred to as . farming practices, from carrying out normal farming operations, including composting or spreading of manure or other wise prohibitedroruregulated forr land aapplicatio s. D. A township resident who also owns and operates a business within the township utilizing a licensed commercial hauler, may at their option, choose to utilize the Township's con- toolo 05/27/99 TRU 14:10 FAX 71724.'"224 C.T.C.D.CARLISLE 16 011 1:" tract hauler thereby allowing them to negotiate directly with the Township's contract hauler with respect to charges .for. their residential waste and recycling service. E. The provisions of this ordinance do not apply to any- thing but the storage, collection, transportation and disposal of municipal waste and do not apply therefore to hazardous or residual waste as defAicnted bdyitheamerd- Pennsylvania Solid Waste Management ments. All hazardous or residual waste must bnddis- posed of in compliance with applicable Federal laws and regulations. SECTION 9: IjTCnnyDRAT rON OF HID G S C If the Township decides to enter into for the collection of municipal waste and and conditions of said contract, as well a relating thereto, shall apply to the owner person occupying a dwelling unit, premises within the Township where municipal waste accumulated. The Board of Supervisors shall, upon supporting documentation, evaluate any ani determine appropriate compliance and/or tt some form of relief. RTICLE III• RECYCLABLE MATERIALS SECTION 1: GE L an exclusive contract recyolables, the terms s the bidding documents r of property and every s or place of business is generated and written request and i all circumstances to Le possible granting Of Recyclables separated for the purpose of materials recovir or its - rather than disposal and collected by the Township nated agent or contractor (collector) shall not be considered solid waste as defined under this ordinance and shall not be subject to the provisions of this ordinance which requires the disposal of waste at designated facilities. SECTION 2: RECYCLING PROD _-JES IS •D The Township hereby establishes a program for the mandatory separation of recyclables from municipal waste by persons residing in single-family dwellings, multi-family establishments,. and by commercial, institutional and industrial establishments. 10 05/27/99 THU 14:10 FAX 7172"1224 C.T.C.B.CARLISLE 16012 SECTION 3: ITEMS TO BE RECYCLED A. At residential buildings or apartment buildings: colored and clear glass; aluminum cans; plastic bottles; corrugated cardboard; newspaper; steel and bimetallic cans; and leaf waste.. Township will make separate arrangements for the collection of leaf waste. B. At commercial, municipal, institutional establishments and community activities: high grade office paper and corrugated paper; colored and clear glass; aluminum cans; plastic bottles; corrugated cardboard; newspaper; steel and bimetallic cans; and leaf waste. Township will make separate arrangements for the collection of leaf waste. C. The Board of Supervisors may, by Resolution not more than once annually, in December of each year per contract period, re-evaluate by supporting documentation and mutual agreement with contracted collector, the identified recyclable items under Article III Sections 3A and 3B. SECTION 4: RECYCLING PLANS TO BE FILED AND APPROVED p TOWNSHIP Commercial, municipal, or institutional establishment and community activities conducting their own recycling program in accordance with this ordinance and not in conjunction with the Township or under an exclusive contract as may be established by the Township for the collection of municipal waste and recy- clables, shall file with the Township and have approved by the Township individual recycling programs which provide for, at a minimum, the recycling of items as set forth in this Article. SECTION 5: ESTABLISHMENT Or RULES AND REGULATIONS Township shall establish and promulgate rules and regula- tions on the manner, days and time of collection of recyclable materials, and for the bundling, handling, location and time of placement of such materials for bollection. Rules and regula- tions shall be promulgated for each of the programs undertaken, including but not limited to the residential, multi-family and commercial sources of recyclable materials. SECTION 6:. Recyclable materials shall be placed at the curb or other designated area in separate containers and separated from solid waste, all for collection at such times, dates and manner and places as may be established or authorized by the Township. 11 05/27/99 THU 14:11 FAX 71724x^924 C.T.C.B.CARLISLE SECTION 7: UNAUTHORIZED CoLT.EC ION It shall be a violation of this ordinance for any person or individual other than the designated contractor or collector, or any other person licensed by the Township, to collect any desig- nated recyclable material which has been placed at the pick-up point for collection as set forth in this ordinance. Each collection and violation- hereof from one or more locations shall constitute it separate and distinct defense punishable as herein- after provided. SECTION S: UN" w DISPOSITION OF RECYCLAALES It shall be unlawful for any-person or persons to dispose of any recyclable item as defined herein by co-mingling 'said items with other solid waste not required to be recycled or to dispose of such items in other places that will not insure that said items are recycled, unless the recyclable item is so contaminated that it is unacceptable for recycling. SECTION 9: MAN `E OF C MTECTT?cor.r.FCTTON PRACTICES Refuse and recycle materials shall be collected in.a neat and workmanlike manner, and if by accident or otherwise, a spill shall occur, the contractor shall be required to gather up same in a neat and clean manner. The contractor shall also be obli- gated to operate its vehicle(s) in such a manner as to prevent spillage. Contractor shall handle all receptacles and container's as carefully and quietly as possible and shall return (not throw) them to the location where picked up. . The collection practices of the contractor and any other person removing Residential Solid Waste and Recyclables from the Township by license of the Township shall conform to all applica-ble Town hip sad and any regulations contract or ontractsnbetween the parties.e SECTION 10: REC C ING AWARENESS PROGRAM ESTABLTSHED tI O13 Township shall establish a comprehensive and sustained public information and education program concerning the recycling program features and requirements in accordance with the Munici- pal Waste Planning, Recycling and Waste Reduction Act. SECTION 11: INCORPORATION OF BIDDIA*^ DOCUMENTS AND CONTRACT If the'Township decides to enter into an exclusive contract for the collection of municipal waste and recyclables, the terms and conditions of said contract, as well as the bidding documents relating thereto, shall apply to the owner of place of and every business person occupying a dwelling unit, premises within the Township where recyclables are generated and accumulated. 12 05/27!99 THU 14:11 FAX 71721,""^24 C.T.C.9.CARLISLE 11014 ARTICLE IV. FEES SECTION 1: GENERX-L It shall be the duty and responsibility of every owner of property, leased dwelling unit, premises or place of business within the Township where municipal waste is produced and is accumulated, to pay a service fee for the collection and dis- posal of this waste, exc Ordinance, to a licensed except as hauler, oxrlusivercontractor,hduly authorized. and designated collection agency, or to the Township. g??-Ta $;1:#ngs'•fOr.•chhrges•under this Ordinance-shall be prepared in the. name. of the owner of the premises for which the collection and disposal charges are being made, and the 'charge is hereby imposed under such owner. The failure of an owner to receive a bill for charges required to be paid bys is Ordinance shall not excuse the owner from payment on the du date. A discon- licensed vhauler, ice ontractor or the fees by a residential, cn tinue for non or industrial establishment. Discontinu- commercial, institution on or ance of service due to non-payment of service fees shall. not relieve the resident or establishment from abiding by all of the requirements of this Ordinance. SECTION 2: FE TO E L ED BY CONTRACT • COLLECTTIOI.7 PENALTIES A. All service fees established under an exclusive contract for the collection of municipal waste and recyclables in North Middleton Township shall be established and adjusted by a con- offcontract. Supervisors,healCo tractor, or tract to dd awarded eawardBoard public bidding ng and public designated collection agency will be solely responsible for. collection of fees for service directly from the property owner. North Middleton Township will not be respponsiblesfor any dollec-'any ,ion fees and will not do any billing. Billng be on event the Contractor a regular and convenient basis but, inat a minimum, bill in or designated collection agency will, at said billings will be intervals not to exceed three (3) months. Said bi at the beginning of each designated billing period. B. penalty and Interest - if charges are not p lid wis inofhirty (30) calendar days after each due date, an (10%) percent as a penalty together with cosadditonal ten ts of collection of such c charges ge as additional increased penalty, shall tohsuch• The charge, a as increased by the penalties, shall bear interest charge. at The thhe e rg sate of one (1%) percent per month until paid. All delinquent accounts are subject to stoppage of service 13 05/27/99 TIM 14:12 FAX 71724? "24 C. T. C. B. CARLISLE without notice. Upon stoppage, service will be resumed thereafter only on payment of the accumulated fees for the period of collection and the delinquent period. 9- ice sb?#] -1. a. the owner or other resident of the dbligatioh to pay.the fese$ set for in this Ordinance. ARTICLE V. PENALTIES FOR VIOLATION SECTION l: PENALTIES Any person, including the exclusive contractor and any other collectors operating within the Township, who shall violate any provision of this ordinance shall be liable, upon conviction for' the first offense and upon summary conviction for each subsequent offense, to a fine of not less than one Hundred and No1100 ($100.00) Dollars nor more than One Thousand and No/100 ($1,000.00) Dollars together with the cost of prosecution, in each case. Every violator of the provisions of this Ordinance shall be deemed guilty of a separate offense each and every day such violation continues and shall be subject to the penalty imposed by this Section for each and every separate offense. Fines and costs imposed under the provisions of this Ordinance shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon judgment against any person by summary conviction, or by proceedings by summons on default of 'the payment of the fine or penalty imposed and the .costs, such person may be sentenced and committed to the jail of Cumberland county for a period not exceeding thirty (30) days. SECTION 2: GENERAL FUND All judgments, costs and reasonable attorney fees collected for the violation of this ordinance shall be paid over to the North Middleton Township General Fund. SECTION 3: ATTORNEY FEES where attorney fees are sought to be collected or are incurred as a result of a civil enforcement proceeding or other action initiated by North Middleton Township, said attorney fees shall be at the rate of eighty-five dollars ($85.00) per hour for all. work in connection with the civil enforcement proceeding or other action initiated, all based upon the time expended by the Township Solicitor or other attorney designated by the Board to enforce Township ordinances. The Board may, from time to time, amend the hourly rate for attorney fees by resolution, all at the discretion of the Board. Idols 14 05/27/99 THU 14:12 FAX 71724^"924 C.T.C.B.CARLISLE SECTION 4: ADDITIONAL REMEDIES Nothing herein is intended to preclude the Township's exer- cise of any additional remedies, in law or in equity, for non- compliance with this ordinance, all in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act and the Second class Township Code. ARTICLE VI. EFFECTIVE DATE, SEVERABILITY AND RELATIONSHIP TO OTHER ORDINANCES SECTION 1: EFFECTIVE DATE This ordinance shall become effective in'accordance with law. SECTION 2: SEVERABILITY In the event that any provision, section, sentence, clause or part of this ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this ordinance or other ordinances affected by this Ordinance, it being the intent of North Middleton Township that such remainder shall be and shall remain in full force and effect. SECTION 3: RELATIONSHIP TO OTHER ORDINANCES 10016 All other ordinances, parts of Ordinances or parts of Resol- utions inconsistent herewith shall be and the same expressly are repealed. 15 05/27/'99 THU 14:13 FAX 7172-0'^924 ENACTED AND ORDAINED this ATTEST: z2p - - day of , 1997. NORTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS X 16 uai2 iaa MU 14:13 FAA 71724.11(2 24 C.T.C.B.C:IRLISLE ` 10 018 CERTIB CATE I, the undersigned, Secretary of the Township of.North Middleton, Cumberland County, Pennsylyania (the "Township"), certify that: the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township (the "Board"), which duly was enacted by affirmative vote of a majority of the members of the Board at a meeting held on 1997; said Ordinance duly has been recorded in the Ordinance Book of the Township; said Ordinance duly has been published as required by law; and said Ordinance remains in•effect, unaltered and unamended; as of the date of this Certificate. j IN WITNESS WHEREOF, I set my hand and affix the offi- cial seal of the Township, this /S day of , 1997. Sec et ry (SEAL) VERIFICATION I, Deborah Steffee, make the following statements subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authority, and do hereby state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Deborah Steffee Township Manager North Middleton Township Date: '*7_/- 9 ,zi `? is ,. .._ ?. i 1: i ? 'J rn J l.? m''. LAW Orrlcr_S t+?`? OTAHJ.IA . :DPHI'H'na. LylHHMMH.ISHt S.- II:IA H.L C 1 200 NORI'II THIRD STR= M DEC VCY V P. O. Box 840\J1 HARRISBURG, PENNSYLVANIA 17108-0840 i 1 1 i I? - CAPITAL TAX COLLECTION BUREAU,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v ROBERT C. STINE, JR., Defendant NO. 99-2979 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Capital Tax Collection Bureau c/o Dennis E. Boyle, Esquire Nauman, Smith, Shissler & Hall 200 North 3`d Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted Jv 99 Date TURD LAW OFFICES v/ I'Ton Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CAPITAL TAX COLLECTION BUREAU,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-2979 CIVIL TERM ROBERT C. STINE, JR., : CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Robert C. Stine, Jr., by and through his attorney, Turo Law Offices, and files the following Preliminary Objections: DEMURRER 1. The original action begun by Plaintiff, Capital Tax Collection Bureau, was an attempt to collect a "debt" supposedly owed to North Middleton Township by the Defendant. 2. The action was begun by the Bureau to collect this debt and a complaint was filed accordingly. 3. Following the filing of the complaint Defendant filed Preliminary Objections raising several legal issues. 4. Subsequent to this filing, a new Plaintiff, North Middleton Township, has now been substituted without leave of Court or without the permission of the Defendant. This failure to obtain leave of Court or permission of the Defendant is a fatal defect and renders the complaint a nullity. WHEREFORE, for all the above reasons, the Defendant, Robert C. Stine, Jr., requests this Honorable Court to dismiss Plaintiffs Complaint. DEMURRER 5. The improperly substituted Plaintiff, North Middleton Township, alleges that it is owed a debt. The Plaintiff, North Middleton Township, never provided services to the Defendant, in any way, that would have required the Defendant to pay as alleged in its' complaint. 6. Plaintiff, Township has never provided trash services to the Defendant and, in fact, never sent a bill to the Defendant for services and consequently Defendant does not owe any money to the newly, improperly substituted Plaintiff. WHEREFORE, for all the above reasons, Defendant, Robert C. Stine, Jr., respectfully requests this Honorable Court to dismiss Plaintiffs Complaint. DEMURRER TO COUNT II 7. The Township Ordinance attached to the Amended Complaint fails to set forth any provision that would allow the collection of penalties and attorney's fees in a civil enforcement action initially begun by a collection agency such as the original Plaintiff, Capital Area Tax Collection Bureau. 8. North Middleton Township, by improperly substituting itself as Plaintiff, can not recover such penalties and attorney's fees pursuant to its own Ordinance. WHEREFORE, for all the above reasons, the Defendant, Robert C. Stine, Jr., respectfully requests this Honorable Court to dismiss Count 11 of the Amended Complaint. 7<dc? X17 Date Respectfully Submitted TU O LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Preliminary objections upon Dennis E. Boyle, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the )O day of July, 1999, from Carlisle, Pennsylvania, addressed as follows: Dennis E. Boyle, Esquire Nauruan, Smith, Shissler & Hall 200 North 3rd Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 TURO LAW OFFICES Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant cr, ti C?j LA: J 1 1 _... 1 I. . y i :.. C cn (j NORTH MIDDLETON TOWNSHIP Plaintiff V. ROBERT C. STINE, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.: 99-2979 CIVIL TERM CIVIL ACTION -LAW PLAINTIFF'S ANSWER TO PRELIMINARY QBJECTIONS OF THE DEFENDANT AND NOW comes the Plaintiff, North Middleton Township, by and through their attorneys, Nauman, Smith, Shissler & Hall, and files the following answer to the Defendant's Preliminary Objections: 1. Denied as stated. At all times relevant hereto, Capital Tax Collection Bureau ("CTCB") was acting as an agent for the purpose of enforcing North Middleton Township's refuse ordinance. As such, North Middleton Township is and has always been the real plaintiff in interest and CTCB has always been an agent of North Middleton Township. 2. Denied as stated. Plaintiff actually was North Middleton Township and CTCB merely served as its agent. See Answer to paragraph I which is incorporated herein by reference. 3. Admitted. It is admitted that the Defendant raised "legal issues". Specifically, Defendant objected to the current action being pursued by CTCB as an agent for North Middleton Township asserting that North Middleton Township should be the named Plaintiff. 4. Denied. It is specifically denied that a new plaintiff was "substituted". To the contrary, North Middleton Township is now and has always been the real party in interest. The amendment made by plniulllt merely amplified the relationship between CTCB and North Middleton township, further, the Amended Conrlrlnint merely addresses Defendant's concerns raised in his Preliminary Objections, I imally, counsel ibr Plaintiff attempted to consult counsel for Defendant prior to filing an Amended Complaint, but counsel for Defendant was not available for consultation before the expiration ol'Ihe time to file a responsive pleading. W"r-Ilk 'sFORI:, the Plaintiff North Middleton Township, requests that the Defendant's Preliminary Objections be overruled. COUNT Il 5. Denied, It is specifically denied that North Middleton Township is "the improperly substituted I'luimill". To the contrary, North Middleton Township is and always has been the I'laintifl: It is likewise denied that PlaintifTfailed to provide "services to plaintiff; to the contrary, Defendant did provide all services required under the Refuse Ordinance. See Complaint ¶8, which is incorporated herein by reference. ']'his averment merely constitutes a denial of a substantive allegation ol'I'laintill's Complaint. 6. Deaaed. See Plaintiffs Answer to Paragraph 5 above which is incorporated herein by reference. BY way of further answer, Plaintiff did provide requires services to Defendant and has demanded payment for said services, all of which has been ignored. See Complaint TIT? - 10. W11FREFORE, the Plaintiff, North Middleton Township, requests that the Defendant's Preliminaq' Objections he overruled. 1) COUNT III 7. Denied as a conclusion of law. The Ordinance attached to the Complaint as Exhibit "A" speaks for itself. To the extent Paragraph 7 constitutes an allegation of fact, same is hereby denied. It is believed and therefore averred that the Plaintiff is entitled to attorneys fees in accordance with the terms of the Ordinance. 8. Denied as a conclusion of law. The Ordinance attached to the Complaint as Exhibit "A" speaks for itself. To the extent Paragraph 8 constitutes an allegation of fact, same is hereby denied. It is believed and therefore averred that the Plaintiff is entitled to attorneys fees in accordance with the terms of the Ordinance. WHEREFORE, the Plaintiff, North Middleton Township, requests that the Defendant's Preliminary Objections be overruled. NAUMAN, SMITH, SHISSLER & HALL Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 3" Street, 18`s Floor P. O. Box 840 Ilarrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: North Middleton Township Dated: August 9, 1999 3 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Answer to Defendant's Preliminary Objections by United States First Class Mail, postage prepaid, upon the party(s) or counsel of record addressed as follows: Iton'I'uro, Esquire 32 S. Bradford Street Carlisle PA 17013 Counsel for Defendant -/ zn ','/, W ? k11,1 ?Z, t---, Penny A. Ro ers, Legal Assi ant to Dennis E. Boyle, Esquire Dated: August 9, 1999 ... ^' [r_ l/ ?', ?..? L': ?. 1_.( C.?i.. u• ?t rl ? l _? 1 : " ? /_ f? 11 Li. ? •_ C' ? ?t i _' i. ) 5 NOV 2 91999 NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v ROBERT C. STINE, JR., Defendant NO. 99-2979 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS PROCEDURAL BACKGROUND. Since at least 1991, the Defendant, Robert C. Stine, Jr., a resident of North Middleton Township, Cumberland County, Pennsylvania, has been involved in an ongoing feud with North Middleton Township over its trash and recycling programs. Mr. Stine has asked on several occasions to be allowed to continue recycling certain items through private recyclers and has also asked and even received permission to be removed from the residential municipal waste service list in 1995. See attached letter. However, after that date, the Township insisted that Mr. Stine utilize the services of a private hauler that it had contracted with in order to pick up trash and recycle products. This arrangement even led to a criminal charge of violation of the Solid Waste Management and Recycling Ordinance by the Township, which was litigated against Mr.. Stine before the Honorable Kevin A. Hess on or about September 28, 1995 and docketed at 95-1143 Criminal Term. After trial before the Court, the Honorable Kevin A. Hess found the Defendant not guilty of the Ordinance violation. See Court Order attached. Subsequently the Township amended its Ordinance in 1997 attempting to plug "loopholes" that the Township felt allowed Mr. Stine and others to evade the enforcement of this Ordinance. However, the Township continued to utilize a private hauler who then billed the residents directly even though the hauler would not and did not pick up trash or recyclable items from Mr. Stine and others. For reasons that are unclear, in 1999 the Capital Tax Collection Bureau, presumably a debt collector for North Middleton Township, brought an action against Mr. Stine for failing to pay trash bills even though service was never rendered by the Township or the private, contracted hauler. The original Plaintiff, Capital Tax Collection Bureau, alleged that it was "a duly authorized agent for North Middleton Township, Cumberland County, for the purpose of administering its Refuse Collection Ordinance". Preliminary Objections were filed to this original Complaint by the Defendant which raised, among other issues, that a municipality can not authorize an agent to enforce a municipal ordinance. As a result of these objections, the Township substituted itself as Plaintiff and filed amended Complaints which, among other issues, alleged that the Township requested payments for refuse collection service, that Defendant failed to pay for these services, and that "North Middleton Township has provided all services required under the Ordinances". The Defendant again filed Preliminary Objections based on the improper substitution of Plaintiff, a Demurrer to the allegation that the Township provided services to the Defendant and a Demurrer to the attempt to collect penalties and attorney's fees when this action was brought by a tax collection bureau and the Township has improperly substituted itself as a party. The Defendant's Brief is now before the Court. DEMURRER Plaintiff demurred to the amended complaint because North Middleton Township, not the original Plaintiff, was substituted without leave of Court or without permission of the Defendant. Pennsylvania Rule of Civil Procedure 2351 et. seq. seems to require either the filing of a Record of Statement of the material facts in which the right to substitution is based or a Rule to Show Cause issued upon the appropriate parties seeking leave of Court to do so, In this matter, neither process was utilized and the attempt by the Plaintiff to substitute an entirely new party, without Court Order, is a nullity and should cause this Court to strike the Complaint and grant the Defendant's Demurrer. it. DEMURRER TO COMPLAINT As mentioned the amended Complaint filed by North Middleton Township indicates that it, the Township, somehow provided refuse services that Defendant never paid for. The true facts are that the Township contracted with a private hauler to make refuse and recyclable collection and the private hauler thereafter would bill residents through the Capital Tax Collection Bureau. Consequently, North Middleton Township did not provide services to the Defendant, the Township never billed the Defendant for any services and consequently can not bring an action to collect the debt that it is not legally entitled to. Furthermore, there is no allegation that the Defendant created trash or recyclables which would require him to participate in any mandatory trash or recycling program as contemplated by the Ordinance. This failure to plead such allegations, as discovered by Judge Hess in the 1995 Criminal Ordinance Violation Trial, renders the Complaint a nullity as a matter of law and the Defendant's Demurrer should be granted. III. DEMURRER TO COUNT II The Township is attempting to request civil enforcement penalties and attorney's fees based on an alleged violation of the Ordinance. This matter was never brought as a civil enforcement action and, in fact, was begun by the Capital Tax Collection Bureau merely to recover a debt. Consequently, the Township can not now substitute an entirely new action by carefully hiding these allegations in its Complaint. If the Township chooses to prosecute the Defendant for some alleged Ordinance violation, it would be required to go through the proper channels with an action against the Defendant alleging a specific Ordinance violation based on facts of record and proven at trial. In this case, the mere attempt to collect a debt, which as set forth above is not even owed to the Township, but rather, if true, to a private hauler, requires that this Court strike any requests for civil enforcement penalties and attorney's fees and grant Defendant's Demurrer to Count II. Respectfully Submitted TURO LAW OFFICES 1 Date on uro, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant t° r. SUPERVISORS HOWARD O. BEAR Chairmen BLAINE L. SHATTO Vica-Chairmen LESLIE C. HURLEY North Middleton Township 211 North Middleton Road Carlisle, PA 17013-8642 Offlce (717) 243.8550 Police 1717) 243.7910 Fez (7171 243.1622 iws...»#'[r.'.,. ,. s..r.4'?E.°, .. S5 .ba::.ns..,..d&.?'...a,'.?s?.s??«"..(`°wi:47:?,.,e.S'J?`"...".iw, a`«?'wy..'?trtx .. ..,. , .....4 c..;.., ?a......i.2u"?:?,".:. March 29, 1995 Mr. Robert C. Stine 470 Cornman Road Carlisle, Pa 17013 Dear Mr. Stine; STAFF LESTER L. BRICKNER Manager MARY ANN HAYS Secretary JEFFREY W. RUDOLPH Police Chief DENNIS D. BREHM Codes Officer In Response to your letter of March 11, 1995 and your completion of a Commercial Hauler Licensing Form and payment, your residence will be removed from the residential municipal waste service list. Browning Ferris Industries will be notified to," suspend service as of this week, the end of the first quarter and E.? pick up their containers. I must remind you that as a commercial hauler you are now required to report the waste tonnages you transport with your weight receipts as well as the destination and weights of recyclable materials handled. This data needs to be ?53?1 1 reported in January for the previous year. 1^tc?5 In regards to the past fees with B.F.I., the Township has no authority in their billing. You were still required to participate in the North Middleton Township Solid Waste Management and Recycling Program from August 5, 1991 up to the present date. Any outstanding fees or obligations as a result of the program are still your responsibility. Respectfully, ?- Dennis D. Brehm Codes Enforcement Officer cc Board of Supervisors James D. Bogrr, Solicitor COMMONWEALTH Vs. i ' R. A. BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 95-1141 CRIMINAL TERM : CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE AFFIANT: DENNIS BREHM COMMONWEALTH IN THE COURT OF COMMON PLEAS OF .CUMBERLANb'•COUNTY; PENNSYLVANIA.: . Vs. 95-1142 CRIMINAL TERM CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE JOHN E. ETTER AFFL4NT: DENNIS BREHM COMMONWEALTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, vs: 95-1143 CRIMINAL TERM CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE ROBERT C. STINE, JR. AFFI.4NT: DENNIS BREHM FINDINGS AND VERDICT ,. , ...ii:.•?fC?.N1.1:...t?.)r?\l: w?.wY.'??.: . .. .. tiitrr !. N'.• • -ter. . w• n AND NOW, this 2 Plf day of September, 1995? following hearing and careful consideration of the testimony adduced, the court makes the following pertinent findings: 1. The above three defendants, all of whose cases were joined for hearing, have been cited under North Middleton Township Ordinance No. 94-2. This ordinance provides, inter alia, that "all municipal waste•accumulafed by owners of residential property shall be placed in containers for collection by an authorized collector." 2 The authorized collector for North Middleton Township is now Browning Ferris Industries. 3. At times relevant to this proceeding, the defendants were not availing themselves of the available municipal waste collection service of Browning Ferris Industries. When they failed to pay the bill as submitted to them by the authorized collector, BE notified the township of the default and the defendants were cited, without warning. 4. Ordinance No. 94-2 authorizes residents to dispose of their own recyclable materials. • • •• Set Section •8(Al: In addition, it requires the Board of Supervisors "upon written request'and • supporting documentation, [to] evaluate any and all circumstances to determine appropriate compliance and/or possible granting of some form of relief." 5. Part of the evidence, introduced by the prosecution in this case, included letters from all three defendants in which they indicate that they do not generate municipal waste within the meaning of the ordinance, that they dispose of their own recyclables, and have, in the past, in the case of at least two of the defendants, made requests for exclusions which were not responded to by the Board of Supervisors as required by the ordinance. 6. While the representation of the defendants that they accumulate no municipal waste could be said to strain credulity, it is in the record of the case in the form of letters offered by the prosecution and is otherwise uncontroverted. 7. The gravamen of the offense in this case is not that the defendants failed to pay Browning Ferris Industries for their services (something which is not punishable under the ordinance), but that the defendants have "accumulated" waste and failed to place it in containers for collection by an authorized collector. There is no proof that the defendants have violated the ordinance in this regard. 8. While not advocated by either side, we note; parenthetically, that any construction of- the ordinance which would require citizens to regularly place empty containers at curbside is absurd e Accordingly, under the unique facts of these cases, we are constrained to enter the following verdict as to all of the captioned matters. VERDICT AND NOW, this 2,? : day of September, 1995, following hearing, we find the defendants NOT GUILTY. BY THE COURT, Office of District Attorney Ron Turo, Esquire For the Defendants :rlm t Kev ess, J. 1- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Preliminary Objections upon Dennis E. Boyle, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the J 9 day of November, 1999, from Carlisle, Pennsylvania, addressed as follows: Dennis E. Boyle, Esquire Nauman, Smith, Shissler & Hall 200 North 3`d Street, 18"' Floor P.O. Box 840 Harrisburg, PA 17108-0840 TURO LAW OFFICES U! Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Detendant NOV 2 919990 NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v SYDNEY MILLER, Defendant : NO. 99-3088 CIVIL TERM : CIVIL ACTION - LAW DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS PROCEDURAL BACKGROUND. In 1999 the Capital Tax Collection Bureau, presumably a debt collector for North Middleton Township, brought an action against Mr. Miller for failing to pay trash bills even though service was never rendered by the Township or the private, contracted hauler. The original Plaintiff, Capital Tax Collection Bureau, alleged that it was '.a duly authorized agent for North Middleton Township, Cumberland County, for the purpose of administering its Refuse Collection Ordinance". Preliminary Objections were filed to this original Complaint by the Defendant which raised, among other issues, that a municipality can not authorize an agent to enforce a municipal ordinance. As a result of these objections, the Township substituted itself as Plaintiff and filed amended Complaints which, among other issues, alleged that the Township requested payments for refuse collection service, that Defendant failed to pay for these services, and that "North Middleton Township has provided all services required under the Ordinances". The Defendant again filed Preliminary Objections based on the improper substitution of Plaintiff, a Demurrer to the allegation that the Township provided services to the Defendant and a Demurrer to the attempt to collect penalties and attorney's fees when this action was brought by a tax collection bureau and the Township has improperly substituted itself as a party. The Defendant's Brief is now before the Court. I. DEMURRER Plaintiff demurred to the amended complaint because North Middleton Township, not the original Plaintiff, was substituted without leave of Court or without permission of the Defendant. Pennsylvania Rule of Civil Procedure 2351 et. seq. seems to require either the filing of a Record of Statement of the material facts in which the right to substitution is based or a Rule to Show Cause issued upon the appropriate parties seeking leave of Court to do so. In this matter, neither process was utilized and the attempt by the Plaintiff to substitute an entirely new party, without Court Order, is a nullity and should cause this Court to strike the Complaint and grant the Defendant's Demurrer. II. DEMURRER TO COMPLAINT As mentioned the amended Complaint filed by North Middleton Township indicates that it, the Township, somehow provided refuse services that Defendant never paid for. The true facts are that the Township contracted with a private hauler to make refuse and recyclable collection and the private hauler thereafter would bill residents through the Capital Tax Collection Bureau. Consequently, North Middleton Township did not provide services to the Defendant, the Township never billed the Defendant for any services and consequently can not bring an action to collect the debt that it is not legally entitled to. Furthermore, there is no allegation that the Defendant created trash or recyclables which would require him to participate in any mandatory trash or recycling program as contemplated by the Ordinance. This failure to plead such allegations renders the Complaint a nullity as a matter of law and the Defendant's Demurrer should be granted. III. DEMURRER TO COUNT II The Township is attempting to request civil enforcement penalties and attorney's fees based on an alleged violation of the Ordinance. This matter was never brought as a civil enforcement action and, in fact, was begun by the Capital Tax Collection Bureau merely to recover a debt. Consequently, the Township can not now substitute an entirely new action by carefully hiding these allegations in its Complaint. If the Township chooses to prosecute the Defendant for some alleged Ordinance violation, it would be required to go through the proper channels with an action against the Defendant alleging a specific Ordinance violation based on facts of record and proven at trial. In this case, the mere attempt to collect a debt, which as set forth above is not even owed to the Township, but rather, if true, to a private hauler, requires that this Court strike any requests for civil enforcement penalties and attorney's fees and grant Defendant's Demurrer to Count II. Date Respectfully Submitted TURO LAW OFFICES L Ro uro, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Preliminary Objections upon Dennis E. Boyle, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 9 day of November, 1999, from Carlisle, Pennsylvania, addressed as follows: Dennis E. Boyle, Esquire Nauman, Smith, Shissler& Hall 200 North Td Street, 18'^ Floor P.O. Box 840 Harrisburg, PA 17108-0840 TURO LAW OFFICES k,V- l? Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Turo Law Offices 32 South Bedford Street (717) 245.9686 Carlisle, Pennsytvr" 17013 (800) 562.9778 j cz , n /1 FAX (717) 245-2165 TO: ) w alp i Date: Re: /U ??'!, c y S •iL r°- l a Q FOR YOUR INFORMATION SAT YOUR REQUEST rl PLEASE SIGN AND RETURN Q PLEASE CALL TO DISCUSS T Please ,contact me with any additional questions. ,EWN TORO, Esquire ROBERT J. MULDERIG, Esquire Q LISA M. GREASON, Esquire IORTH MIDDLETON TOWNSHIP, Plaintiff v ROBERT C. STINE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2979 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS 1 i PROCEDURAL BACKGROUND. Since at least 1991, the Defendant, Robert C. Stine, Jr., a resident of North Middleton Township, Cumberland County, Pennsylvania, has been involved in an ongoing feud with North Middleton Township over its trash and recycling programs. Mr.. Stine has asked on several occasions to be allowed to continue recycling certain items through private recyclers and has also asked and even received permission to be removed from the residential municipal waste service list in 1995. See attached letter. However, after that date, the Township insisted that Mr. Stine utilize the services of a private hauler that it had contracted with in order to pick up trash and recycle products. This arrangement even led to a criminal charge of violation of the Solid Waste Management and Recycling Ordinance by the Township, which was litigated against Mr. Stine before the Honorable Kevin A. Hess on or about September 28, 1995 and docketed at 95-1143 Criminal Term. After trial before the Court, the Honorable Kevin A. Hess found the Defendant not guilty of the Ordinance violation. See Court Order attached. Subsequently the Township amended its Ordinance in 1997 attempting to plug "loopholes" that the Township felt allowed Mr. Stine and others to evade the enforcement of this Ordinance. However, the Township continued to utilize a private hauler who then billed the residents directly even though the hauler would not and did not pick up trash or recyclable items from Mr. Stine and others. For reasons that are unclear, in 1999 the Capital Tax Collection Bureau, presumably a debt collector for North Middleton Township, brought an action against Mr. Stine for failing to pay trash bills even though service was never rendered by the Township or the private, contracted hauler. The original Plaintiff, Capital Tax Collection Bureau, alleged that it was "a dint, authorized agent for North Middleton Township, Cumberland County, for the purpose of administering its Refuse Collection Ordinance". Preliminary Objections were filed to this original Complaint by the Defendant which raised, among other issues, that a municipality can not authorize an agent to enforce a municipal ordinance. As a result of these objections, the Township substituted itself as Plaintiff and filed amended Complaints which, among other issues, alleged that the Township requested payments for refuse collection service, that Defendant failed to pay for these services, and that "North Middleton Township has provided all services required under the Ordinances". The Defendant again filed Preliminary Objections based on the improper substitution of Plaintiff, a Demurrer to the allegation that the Township provided services to the Defendant and a Demurrer to the attempt to collect penalties and attorney's fees when this action was brought by a tax collection bureau and the Township has improperly substituted itself as a party. The Defendant's Brief is now before the Court. 1. DEMURRER Plaintiff demurred to the amended complaint because North Middleton Township, not the original Plaintiff, was substituted without leave of Court or without permission of the Defendant. Pennsylvania Rule of Civil Procedure 2351 et. seq. seems to require either the filing of a Record of Statement of the material facts in which the right to substitution is based or a Rule to Show Cause issued upon the appropriate parties seeking leave of Court to do so. In this matter, neither process was utilized and the attempt by the Plaintiff to substitute an entirely new party, without Court Order, is a nullity and should cause this Court to strike the Complaint and grant the Defendant's Demurrer. II. DEMURRER TO COMPLAINT As mentioned the amended Complaint filed by North Middleton Township indicates that it, the Township, somehow provided refuse services that Defendant never paid for. The true facts are that the Township contracted with a private hauler to make refuse and recyclable collection and the private hauler thereafter would bill residents through the Capital Tax Collection Bureau. Consequently, North Middleton Township did not provide services to the Defendant, the Township never billed the Defendant for any services and consequently can not bring an action to collect the debt that it Is not legally entitled to. Furthermore, there is no allegation that the Defendant created trash or recyclables which would require him to participate in any mandatory trash or recycling program as contemplated by the Ordinance. This failure to plead such allegations, as discovered by Judge Hess in the 1995 Criminal Ordinance Violation Trial, renders the Complaint a nullity as a matter of law and the Defendant's Demurrer should be granted. III. DEMURRER TO COUNT 11 The Township is attempting to request civil enforcement penalties and attorney's fees based on an alleged violation of the Ordinance. This matter was never brought as a civil enforcement action and, in fact, was begun by the Capital Tax Collection Bureau merely to recover a debt. Consequently, the Township can not now substitute an entirely new action by carefully hiding these allegations in its Complaint. If the Township chooses to prosecute the Defendant for some alleged Ordinance violation, it would be required to go through the proper channels with an action against the Defendant alleging a specific Ordinance violation based on facts of record and proven at trial. In this case, the mere attempt to collect a debt, which as set forth above is not even owed to the Township, but rather, if true, to a private hauler, requires that this Court strike any requests for civil enforcement penalties and attorney's fees and grant Defendant's Demurrer to Count II. I /0 1 J9 9G Date Respectfully Submitted TURO LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant 4 on uro, Esquire North Middleton Township 211 North Middleton Road SUPERVISORS Carlisle, PA 17013.8642 HOWARD 0. BEAR Chairman Office (717) 247.8550 BLAINE L. SHATTO Police (717) 247.7910 Vice-Chairman Fax (717) 243.1622 LESLIE C. HURLEY March 29, 1995 Mr. Robert C. Stine 470 Cornman Road Carlisle, Pa 17013 Dear Mr. Stine; STAFF LESTER L. BRICKNER Manager MARY ANN HAYS Secretary JEFFREY W. RUDOLPH Police cNef DENNIS D. BREHM ^odea Officer In Response to your letter of March 11, 1995 and your completion of a Commercial Hauler Licensing Form and payment, your residence will be removed from the residential municipal waste service list. Browning Ferris Industries will be notified to"- suspend service as of this week, the end of the first quarter and pick up their containers. I must remind you that as a commercially hauler you are now required to report the waste tonnages you transport with your weight receipts as well as the destination and t? .1 weights of recyclable materials handled. This data needs to be reported in January for the previous year. Ct?`5 In regards to the past fees with B.F.I., the Township has no authority in their billing. You were still required to participate in the North Middleton Township Solid Waste Management and Recycling Program from August 5, 1991 up to the present date. Any outstanding fees or obligations as a result of the program are still your responsibility. Respectfully, Dennis D. Brehm Codes Enforcement officer cc Board of Supervisors James D. Bogar, Solicitor COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : 95.1141 CRIMINAL TERM : CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE j' 'R. A. BREAM AFFLANT. DENNIS BREHM COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF . '. , r .CUMBERLAND''COUNTY; PENNSYL•VANLA. •• • ° ' vs. : 95-1142 CRIMINAL TERM : CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE JOHN E. ETTER AFFIANT: DENNIS BREHM COMMONWEALTH, IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- vs: 95-1143 CRIMINAL TERM VS. CHARGE: APPEAL FROM SUMMARY: VIOLATION OF N.M. TWP. ORD. 94-2, NORTH MIDDLETON TWP. SOLID WASTE MANAGEMENT AND RECYCLING ORDINANCE ROBERT C. STINE, JR. AFFIANT: DENNIS BREHM ..}'::r:`.jin ,•.t:.i.:a':...:,^'i?.. ,••:r•.. y,r":3:.1e lNGS AND VERDICT...., ,... "r„:... ..,.••,... :.?.....: s...... AND NOW, this 2 P? day of September, 1995f following hearing and careful consideration of the testimony adduced, the court makes the following pertinent findings: 1. The above three defendants, all of whose cases were joined for hearing, have been cited under North Middleton Township Ordinance No. 94-2. This ordinance provides, inter alia, that "all municipal waste- accumulated by owners of residetttial property shall be placed.in containers for collection by an authorized collector." 2. The authorized collector for North Middleton Township is now Browning Ferris Industries. 3. At times relevant to this proceeding, the defendants were not availing themselves of the available municipal waste collection service of Browning Ferris Industries. When they failed to pay the bill as submitted to them by the authorized collector, BE notified the township of the default and the defendants were cited, without warning. 4. Ordinance No. 94-2 authorizes residents to dispose of their own recyclable materials. Sec Section VAl: In addition, it requires the Board of Supervisors "upon written request'and supporting documentation, (to] evaluate any and all circumstances to determine appropriate compliance and/or possible granting of some form of relief." 5. Part of the evidence, introduced by the prosecution in this case, included letters from all three defendants in which they indicate that they do not generate municipal waste within the meaning of the ordinance, that they dispose of their own recyciables, and have, in the past, in the case of at least two of the defendants, made requests for exclusions which were not responded to by the Board of Supervisors as required by the ordinance. 6. While the representation of the defendants that they accumulate no municipal waste could be said to strain credulity, it is in the record of the case in the form of letters offered by the prosecution and is otherwise uncontroverted. 7. The gravamen of the offense in this case is not that the defendants failed to pay Browning Ferris Industries for their services (something which is not punishable under the ordinance), but that the defendants have "accumulated" waste and failed to place it in containers for collection by an authorized collector. There is no proof that the defendants have violated the ordinance in this regard. / 8. While not advocated by either side, we note; parenthetically, that any construction of the ordinance which would require citizens to regularly place empty containers at curbside is absurd. Accordingly, under the unique facts of these cases, we are constrained to enter the following verdict as to all of the captioned matters. VERDICT AND NOW, this Z .F 4 day of September, 1995, following hearing, we find the defendants NOT GUILTY. • BY THE COURT, Office of District Attorney Ron Turo, Esquire For the Defendants :rim Kevi A. Hess, J. .s„ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Preliminary Objections upon Dennis E. Boyle, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the J 9 day of November, 1999, from Carlisle, Pennsylvania, addressed as follows: Dennis E. Boyle, Esquire Nauman, Smith, Shissler & Hall 200 North 3`d Street, 18d' Floor P.O. Box 840 Harrisburg, PA 17108-0840 TURO LAW OFFICES Lv! Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. NO.: 99-2979 CIVIL TERM ROBERT C. STINE, JR., 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 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 OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, 41h Floor Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 Telephone: (717) 240-6200 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en lss, paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado y archivar en la cone en forma escrita sus defensas o sus objeciones a 'as demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. p Y d LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator, 411 Floor Cumberland County Courthouse I Courthouse Square Carlisle PA 17013 Telephone: (717) 240-6200 NAUMAN, SMITH, SHISSLER & HALL el Dated: June 3, 1999 Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 311 Street, 18" Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital 'fax Collection Bureau 2 1 Y ? 1 CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. NO.: 99-2979 CIVIL TERM ROBERT C. STINE, JR., Defendant CIVIL ACTION - LAW AND NOW comes the Plaintiff, Capital Tax Collection Bureau, through its counsel, Nauman, Smith, Shissler & Hall, and files the within Complaint and avers as follows: 1. Plaintiff, Capital Tax Collection Bureau is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 19 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania, and a duly authorized agent for North Middleton Township, Cumberland County, for the purpose of administering its Refuse Collection Ordinance. 2. Defendant, Robert C. Stine, Jr., is an adult individual residing at 470 Cornman Road, Carlisle, Cumberland County, Pennsylvania. 3. On July 15, 1997, North Middleton Township lawfully enacted Ordinance 97-6 entitled "An Ordinance Regulating The Collection, Storage, Disposal, And Recycling of solid Waste and Recyclables; Providing For The Authorization and Licensing of Township Collectors for Solid Waste and Recyclables; Providing for Provisions Regulation Billing; and Providing for Penalties for Violation of this Ordinance" governing collection charges to be levied upon its residents for the disposal of refuse. 4. Defendant, as an owner of a residence located in North Middleton Township, Cumberland County, Pennsylvania, had a duty, pursuant to North Middleton Township Ordinance 97-6, a copy of which is attached hereto as Exhibit "A", to pay a fee for the disposal of refuse. Said Ordinance is incorporated hereby reference. COUNT I - COLLECTION OF A DEBT 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully restated. 6. Since at least the third quarter of 1997 and continuing thereafter until the present, Defendant has been the owner of a residence located at 470 Comman Road, North Middleton Township, Cumberland County, Pennsylvania. 7. Sinre the third quarter of 1997 and continuing until the present, Defendant has failed, refused, or otherwise neglected to make payments to North Middleton Township for refuse collection services. 8. Since the third quarter of 1997, North Middleton Township has provided all services required under the Ordinances. 9. Defendant currently owes the Plaintiff $157.09 in fees for refuse collection under the Ordinances. 10. North Middleton Township, through its agent, Capital Tax Collection Bureau, has made repeated demands for payment, all of which have been ignored. WHEREFORE, Capital Tax Collection Bureau demands judgment in its favor and against Robert C. Stine; Jr., in the amount of $157.09. 2 11. Paragraphs 1 through 10 are incorporated herein by reference as if fully restated. 12. The Ordinance further provides that Defendant shall pay a civil penalty in the amount of ten percent (10%) of the uncollected balance, costs of collection of the charges, and interest at a rate of one percent (1%) per month on the charges and penalty. 13. The Ordinance further provides that Defendant shall pay, as part of the costs of collection, attorneys fees incurred by the Plaintiff in pursuit of this action at a rate of eighty-five dollars ($85.00) per hour. 14. The Plaintiff has incurred and continues to incur attorneys fees in the prosecution of this matter. WHEREFORE, Capital Tax Collection Bureau demands judgment in its favor and against Robert C. Stine, Jr. in the amount of $157.09, together with a penalty of $15.70, and interest at a rate of 1% per annum since August 5, 1998, the costs of suit and reasonable attorneys fees, which sum does not exceed the arbitration limit. NAUMeI\N, SMITH, SHISSLER & HALL Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 3" Street, 18d' Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital Tax Collection Bureau Dated: June 3, 1999 Agent for North Middleton Township I, John Stambaugh of the Capital Tax Collection Bureau, make the following statements subject to the penalties of 18 Pa.C,S. § 4904, relating to unswom falsifications to authority, and do hereby state that the facts set forth in the foregoing Complaint are true and correct to the best of my• knowledge, information and belief. ?" )U -.d1ti, 4e L John Stambaugh Refuse Billing Coordinator Capital Tax Collection Bureau Agent for North Middleton Township Date: 6/2/99 Jill EXHIBIT "A" Q5/27/99 THU 14:05 FAX 7172439224 C. T.C.B. CARLISLE NORTB KIDDLETON TO rn CQMBERLM COUNTY PENNSYLVANIA ORDINANCE NO. 97-6 AN ORDINANCE REGULATING THE COLLECTIONS STOR- AGE, DISPOSAL, AND RECYCLING OF SOLID WASTE AND RECYCLABLES; PROVIDING FOR THE AUTHORIZA- TION AND LICENSING OF TOWNSHIP COLLECTORS FOR SOLID WASTE AND RECYCLABLES; PROVIDING FOR PROVISIONS REGULATION BILLING; AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE. 11002 eo?? WHEREAS, the "Municipal, Waste Planning, Recycling and Waste Reduction Act", the Act of July 28, 1988, P.L. 556, as amended (53 P.S. Section 4000.101 et seq.) provides that North Middleton Township shall have the duty and power to adopt and implement programs for the collection and recycling of municipal solid waste and recyclables and to provide regulations for the billing therefore; and WHEREAS, the Board of Supervisors of North Middleton Town- ship feels that it is in the best interest of the Township and its residents to become actively involved in recycling and the conservation of recyclable materials; and WHEREAS, this Ordinance and the objectives leading to its enactment are authorized by "The Second Class Township Code% Act of May 1, 1933, P.L. 1031 No. 69, reenacted and amended November 9, 1996, P.L. 350, No. 60 (53 P.S. Section 65101 et seq.); Act of July 10, 1947, P.S. 1481 (53 P.S. Section 65101, et seq.) and by the "Municipal Waste Planning, Recycling and Waste Reduction Act"*, the Act of July 28,1988, P. L. 556, as amended (53 P. S. Section 4000.101 et seq.); it is therefore enacted and ordained by the Board of Supervisors of North Middleton Township, Cumberland County, Pennsylvania, as follows: ARTICLE I. GENERAL SECTION 1: SHORT-TITLE This Ordinance shall be known and may be cited as the "NORTH MIDDLETON TOWNSHIP SOLID WASTE AND RECYCLING ORDINANCE OF 1997". SECTION 2: DEFINITIONS The following words and terms when used in this Ordinance 05/27/99 THU 14:06 F-Cl 7172439224 C.T.C.B.CARLISLE 19003 shall have, unless the context clearly indicates otherwise, the. meanings given to them in this Section: Means the affectedby reclamation, the cactivity, of a person. Aluminum means the light weight ductile and malleable metallic substance or element commonly known as aluminum and shall include all aluminum food and beverage cans. This description excludes aluminum foil, trays, plates, and miscel- laneous. aluminum products. Apartment Building is a building used for residential purposes with more than four (4) dwelling units each,** except hotels, motels, tourist cabins, dormitories, and any and all other multi-residential units. Ashes are the residue from the burning of wood, coal, coke or other combustible materials for the purpose of heating and cooking. Bulky Waste is items of solid waste and, therefore, require special handling including, but not necessarily being limited to, large household appliances such as stoves and refrigerators, plumbing fixtures, furniture, large crates, tires, tools, machinery or parts thereof. commercial Establishments are those establishments that generate solid waste in the operation of wholesale, retail or service businesses, multi-family buildings (apartment and condominium buildings of more than four (4) dwelling units each), hotels, motels and farms not utilizing residential services through the Township's contract hauler. Comaingled refers to placement of recyclable materials as defined herein, except newspapers and corrugated cardboard, in a special recycling container for the purpose of collection without their having been segregated by color or type. Dwelling Unit is one or more rooms in a residential building which room or rooms have fixed cooking facilities arranged for occupancy by one or more persons living together, or one family. Dwelling unit shall also be deemed to mean unit as set forth in these documents. Garbage is all table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof, and all other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded. 2 05/27/99 THU 14:06 FA% 7172439224 C.T.C.B.CARLISLE 10 004 Glass shall mean the hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently'included in the manufacture of glass; and shall for the purpose of this contract include all materials commonly ]mown as glass bottles or containers. This incudes all food and beverage containers made of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly )mown as window or plate glass. EDPE - High Density Polyethylene Eazardous waste is any chemical, compound, mixture, sub- stance, or article, which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal or state law. Industrial Establishments are those facilities that generate residual waste through manufacturing, warehousing or mining operations. institutional Establishments are those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes. Leaf waste is leaves, garden residues, shrubbery, and tree trimmings, and similar material, not including grass clippings. municipal Establishments means public facilities operated by the Township and any other governmental and quasi-governmental authorities. municipal. Waste is any garbage, refuse, industrial lunch- room; or office waste and any other material including solid waste, liquid; semi-solid or contained gaseous materials result- ing from the operation of residential, municipal, commercial or institutional establishments and from community. activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commer- cial or institutional water supply treatment plant, waste water treatment plant or air pollution control facilities. Municipality means "North Middleton Township". Newspaper means types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper may include magazines or glossy paper inserts commonly used in advertisements. 05/27/99 TIIU 14:07 FA.1 7172439224 C.T.C.B.CARLISLE PET - Polyethylene terephthalate used to make plastic soda bottles. , person is every natural person, firm, corporation, partner- ship, association, or institution. Plastic Bottles are empty and clean consumer product con- tainers made of Poly-Ethylene Terephthalate (PET), Polypropolene (PP), High Density Polyethylene (HDPE) and Low Density Poly- ethylene (LDPE) most commonly, but not limited to, plastic bottles used as containers for soda, milk and other consumer food products or for household cleaning products or for•personal care products. Processing Center is any facility maintained for the purpose of storing, preparing, and/or consolidating, recyclable materials (as defined herein) for sale. Public Awareness Program is the program developed and provided by contractor or municipality to inform and encourage residents to use the recycling collection services. Recreational Cottages/Tourist Cabins are seasonal single- family dwelling units where the occupants lists a permanent address elsewhere and the unit is occupied not more than twenty- one (21) consecutive days per contract quarter. Recyclable Materials incudes colored and clear glass, aluminum cans, plastic bottles, corrugated cardboard, newspaper, steel and bimetallic cans, and such other materials as the parties may agree in writing. Recycling Collection services are those services to be performed by contractor as follows: (1) the collection and conveyance of recyclable materials; (2) processing of recyclable materials as applicable; and (3) marketing of the recyclable materials. Recycling containers are sturdy plastic containers having a minimum capacity of 20/22 gallons, being of one color as desig- nated-by the municipality and bearing the municipal recycling logo. Refuse is a general term which shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort, and safety of the citizens of North Middleton Township; it shall include ashes, garbage, rubbish, trash, and other refuse materials, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than three (3) inches X0005 i 05/27/99 THC 14:07 FAX 7172439224 C.T.C.B.CARLISLE in diameter; hazardous wastes; and recyclable items as defined herein. Refuse collection Ser7ices.are those services to be per- formed by contractor as follows: (1) collection of refuse from locations; (2) transportation of refuse in trucks; and (3) disposal of refuse at a facility licensed by the Pennsylvania Department of Environmental Resources (DER). Residential Building is a single-family building used for residential purposes, individual mobile homes on private lots anal/or in a mobile home park, farms (not utilizing a properly registered commercial hauler), duplexes, townhouses and multi- family buildings '(condominiums and apartments) of four dwelling, units or less each.. Exceptions are hotels, condominiums. and apartment buildings with more than four (4) dwelling units each, recreational cottages/tourist cabins, motels, fraternities, and dormitories. Residual waste is any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided it is not hazardous. Rubbish is branches, trees, sawdust, chips, woodenware, leather, rags, grass, straw, manure, combustible matters not included in this section garbage. solid waste is any waste, including but not municipal, residual or hazardous waste, includini semi-solid or contained gaseous materials. 10 006 shavings, wood, and all solid under the term limited to, solid, liquid, solid Waste collection Services are those services to be performed by the Township collector which include the collection of solid waste from locations specifically designated by the Township, Township collector or Township licensee, transportation of solid waste in trucks, and disposal of solid waste at a facility licensed.by the Pennsylvania Department of Environmental Protection (DEP). Truck(s) is a vehicle used for the collection of refuse which has mounted thereon an approved type, water-tight sanitary body, or which has a standard truck body made water tight and equipped with means of covering to prevent loss of material by wind. 05/27/99 TAU 14:08 FAX 7172439224 C.T.C.B.CA RLISLE 10007 ,ARTICLE IT. STORAGE, COLLECTION AND DISPOSAL OF MUNICIPAL WASTE SECTION 1: GENERAL It shall be the duty of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this Ordinance, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector; and to insure the sanitary and legal disposal of such waste in accordance with this Ordinance and all other applicable Township, State and Federal laws and regula- tions. SECTION 2: STORAGE ON RESIDENTIAL PROPERTY A. All municipal waste accumulated by owners-of residen- tial property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic, or as otherwise designated by Township. Containers for curbside recyclables will be as speci- fied by the Township or as provided through an exclu- sive contract for the collection of recyclables. B. Each municipal waste container and curbside recyclable container shall be placed for collection, no'more than Twenty Four (24) hours prior to the designated service day, so as to be accessible to the collector at ground level and at a point immediately behind the curbline of - the street, within no more than ten (10) feet of the cartway of the street or alley from which the collec- tion with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the township and the collector. Failure to place con- tainers at such locations may result in waste not being picked up. The containers are to be removed from the immediate street or road Right-of-Way within a reason- able time limit, until the next scheduled collection day. Location for collection of uncontainerized recyclable material shall be as specified by the Town- ship. SECTION 3: STORAGE ON COMMERCIAL M MI-FAMILY, INSTITUTIONAL Alin INDUSTRIAL PROPERTIES A. Storage of municipal waste on commercial, institutional 05/27/99 THU 14:08 FAX 7172439224 C.T.C.B.CARLISLE 10 008 and industrial properties shall be done in the same type of containers as required for residential proper- ties except where the accumulation of solid waste for such commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with an authorized collector for the stoking of such additional quantities. Such special arrangements shall be report- ed to the Township on a Solid Waste Management Form available at the municipal office and shall include the number and type of special bulk containers to be fur- nished by the collector as may be approved by the Township. E. Containers for collection at commercial, institutional or industrial properties shall be located on the owner or occupant's premises at a place agreed upon by the owner or occupant of the. commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Township. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, high- ways, alleys or entrances and exits of public or pri- vate buildings. SECTION 4: AUTFfORIZATION OF COLLECTORS Except as set forth in this ordinance or any exclusive Township contract for the collection of municipal waste and recyclables, it shall be unlawful for any person or corporation other than persons or corporations authorized by valid licenses issued by the Solid Waste Authority of Cumberland County and the Township or contract by the Township to collect and/or transport solid waste of any nature as a regular hauling business within or from_thc Township. If the Township decides to enter into an exclusive contract for the collection of residential municipal waste in the Township, said contractor shall be required to collect municipal waste in the Township exclusive of other private haulers and collectors subject, however, to the excep- tions as set forth in the exclusive Township contract and this ordinance. .Authorization to collect, transport and dispose of munici- pal waste beyond the scope of any exclusive Township contract may be given only by the Township through the.issuance.of a contract or license by the Township. All applicants wishing to apply to the Township for licensing shall be reviewed by the Township upon receipt of a ,completed license application, Form Number 094-1, Commercial Solid Waste and Recycling Hauler of North Middleton Township, and the Licensing Fee of $ Ten ($10.00) by the Township accordance Board of Supern?le therefor approved dollars e developed shall standards 7 05/27/99 THU 14:09 FAX 7172439224 C.T.C.B.CARLISLE 10 009 visors. Licensing shall be renewed annually in the month of January, at which time a municipal Solid Waste and Recyclable Tonnage Report for the previous year must be submitted. Owners of multi-family (apartment and condominium) buildings with more than four (4) dwelling units each, farms (not utiliz- ing the Township's contracted residential hauler), commercial, institutional and industrial properties shall have the option to contract for. the collection and removal of municipal waste and recyclables with the contractor holding the exclusive contract for collection in the Township or any other hauler or collector properly. licensed .by the Township. SECTION 5: APPROVAL OF PLANT OR DISPOSAL AREA The location of the plant or disposal area which the bidder proposes to use in the disposal of refuse shall meet the approval of the Solid Waste Authority of Cumberland County. After the 1991 Cumberland County Municipal Waste, Management Plan is in effect, any such plan or facility must be-one that is approved in the Plan for the disposal of trash generated within the county- The Township reserves the right to make inspections of authorized collectors to insure that* waste generated within the Township is being disposed of in an authorized or designated facility and to limit the use of a designated facility only to waste generated within the Township. Any authorized collector found to be in violation of this Section shall have his license to collect or haul municipal waste in the Township revoked. SECTION 6: UNLAWFUL DISPOSITION OF MUNICIPAL WASTE It shall be unlawful for any person to deposit for collec- tion any solid waste including bulky items not generated at the address_ from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the, collection service or to avoid the cost of collection except as set forth in ARTICLE II, SECTION a. SECTION 7: BULKY WASTE A: Bulky waste which is not collected by the normal or weekly residential collection or in the annual clean-up shall not be stored outside of a building or accessory building on any -land in the Township, except for a period not exceeding ten (10) days pending the special handling for disposal of the bulky waste. However, brush, tree trimmings, yard clippings, leaves, grass or other waste from live plantings may be stored for longer periods of time if necessary until the next scheduled collection for such items or for the purpose of composting or burning such materials 05/27/'99 TRU 19:09 FAX 7172339224 C.T.C.B.CARLISLE in accordance with the Township ordinances, unless such storage violates other ordinances or regulations of the Township., It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky waste shall be disposed of at a State permitted or licensed disposal facility, a facility especially designated by the Township'to take such bulky items or a legitimate salvage dealer that is in the business of disposing of or recycling such items. B. North Middleton Township will conduct, through the municipal contract hauler, an annual Clean-Up for residential properties during a month to be determined by the Board of Supervisors for each year of the contract and any extensions thereof. Each regularly scheduled collection day route shall be assigned one Saturday of the month chosen to place properly prepared municipal solid waste bulky items (i.e. appliances, furniture, and other similar items) excluding municipal solid waste col- lected under the regular service, and household hazardous waste, curbside for annual clean-up collection. % SECTION 8: EXCLUSIONS A. Nothing contained herein shall beideemed business ofprohibit any person not regularly engaged collecting municipal waste beyond the scope of any contract negotiated by the Township with a collector from hauling his/her'own bulky waste and recyclable materials to a State permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facili- ty, or recycling center. B. Nothing contained herein shall be deemed to prohibit any individual from contracting with an authorized collector for removal of solid waste or recyclables beyond the scope of any contract negotiated by the Township with a collector. C. Nothing contained herein shall prohibit a farmer, or anyone engaged in what is commonly referred to as . farming practices, from carrying out normal farming operations, including composting or spreading of manure or other farm produced agricultural waste, not other- wise prohibited or regulated for land applications. D. A township resident who also owns and operates a business within the township utilizing a licensed commercial hauler, may at their option, choose to utilize the Township's con- 16010 05/27/99 THU 14:10 FAX 7172489224 C. T. C. B. CARLISLE 16 011 tract hauler thereby allowing them to negotiate directly with the Township's contract hauler with respect to charges .for. their residential waste and recycling service. E. The provisions of this ordinance do not apply to any- thing but the storage, collection, transportation and disposal of municipal waste and do not apply therefore to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amend- ments. All hazardous or residual waste must be dis- posed of in compliance with applicable State and Federal laws and regulations. SECTION 9: INCORPORATION OF BIDDING DOCUMENTS AND CONTRACT If the Township decides to enter into an exclusive contract for the collection of municipal waste and recyclables, the terms and conditions of said contract, as well as the bidding documents relating thereto, shall apply to the owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated. The Board of Supervisors shall, upon written request and supporting documentation, evaluate any and all circumstances to determine appropriate compliance and/or the possible granting of some form of relief. ARTICLE III. RECYCLABLE MATERIALS SECTION 1: GENERAL Recyclables separated for the purpose of materials recovery rather than disposal and collected by the Township or its desig-. nated agent or contractor (collector) shall not be considered solid waste as defined under this ordinance and shall not be subject to the provisions of this ordinance which requires the disposal of waste at designated facilities. SECTION 2: 12ECYCLING PROGRAM ESTABLISHED The Township hereby establishes a program for the mandatory separation of recyclables from municipal waste by persons residing in single-family dwellings, multi-family establishments,. and by commercial, institutional and industrial establishments. 10 05/27/99 THU 14:10 FAY 7172439224 C.T.C.B.CARLISLE ,i SECTION 3: ITEMS TO BE RECYCLED A. At residential buildings or apartment buildings: colored and clear glass; aluminum cans; plastic bottles; corrugated cardboard; newspaper; steel and bimetallic cans; and leaf waste.. Township will make separate arrangements for the collection of leaf waste. B. At commercial, municipal, institutional establishments and community activities: high grade office paper and corrugated paper; colored and clear glass; aluminum cans; plastic bottles; corrugated cardboard; newspaper; steel and bimetallic cans; and leaf waste. Township will make separate arrangements for the collection of leaf waste. C. The Board of Supervisors may, by Resolution not more than once annually in December of each year per contract period, re-evaluate by supporting documentation and mutual agreement with contracted collector, the identified recyclable items under Article III Sections 3A and 3B. - SECTION 4: RECYCLING PLANS TO BE FILED AND APPROVED ?Y TOWNSHIP Commercial, municipal, or institutional establishment and community activities conducting their own recycling program in accordance with this ordinance and not in'conjunction with the Township or under an exclusive contract as may be established by the Township for the collection of municipal waste and recy- clables, shall file with the Township and have approved by the Township individual recycling programs which provide for, at a minimum, the recycling of items as set forth in this Article. SECTION 5: ESTABLISHMENT OF RULES AND REGULATIONS Township shall establish and promulgate rules and regula- tions on the manner, days and time of collection of recyclable materials,. and for the bundling, handling, location and time of placement of such materials for collection. Rules and regula- tions shall be promulgated for each of the programs undertaken, including but not limited to the residential, multi-family and commercial sources of recyclable materials. SECTION 6:. Recyclable materials shall be placed at the curb or other designated area in separate containers and separated from solid waste, all tor collection at such times, dates and manner and places as may be established or authorized by the Township. U012 11 OS/27/99 THU 14:11 FAX 7172439224 C.T.C.B.CARLISLE SECTION 7: UNAUTHOR 7ED COLLECTION it shall be a violation of this ordinance for any person or individual other than the designated contractor or collector, or any other person licensed by the Township, to collect any desig- nated recyclable material which has been placed at the pick-up point for collection as set forth in this ordinance. Each collection and violation hereof from one or more locations shall, constitute a separate and distinct defense punishable as herein- after provided. SECTION 8: UNL•AWFU DISPOSITION OF RECycLA13LBS It shall be unlawful for any person or persons to dispose of any recyclable item as defined herein by co-mingling 'said items with other solid waste not required to be recycled or to dispose of such items in other places that will not insure that said items are recycled, unless the recyclable item is so contaminated that it is unacceptable for recycling. SECTION 9: MANNER OF COLLECTION \ CO UCTrON pRACTrrws Refuse and recycle materials shall be collected in.a neat and workmanlike manner, and if by accident or otherwise, a spill shall occur, the contractor shall be required to gather up same in a neat and clean manner. The contractor shall also be obli- gated to operate its vehicle(s) in such a manner as to prevent spillage. Contractor shall handle all receptacles and container's as carefully and quietly as possible and shall return (not throw) them to the location where picked up. The collection practices of the contractor and any other person removing Residential Solid Waste and Recyclables from the Township by license of the Township shall conform to all applica- ble rules and regulations of the Commonwealth, the County, the Township and any contract or contracts between the parties. SECTION 10: RECYCLING AWARENESS PROGRAM ESTABLISHED Township shall establish a comprehensive and sustained public information and education program concerning the recycling program features and requirements in accordance with the Munici- pal Waste Planning, Recycling and Waste Reduction Act. SECTION 11: INCORPORATION OF Brnnrxr: DOCUMENTS AND CONTRACT If the Township decides to enter into for the collection of municipal waste and and conditions of said contract, as well relating thereto, shall apply to the owner person occupying a dwelling unit, premises within the Township where recyclables are accumulated. 12 an exclusive contract recyclables, the terms as the bidding documents r of property and every s or place of business generated and 10013 l ,r 05/271"99 THU 14:11 FAX 7172439224 C.T.C.B.CARLISLE 10014 ARTICLE TV. FEES SECTION 1: GENERAL It shall be the duty and responsibility of every owner of property, leased dwelling unit, premises or place of business within the Township where municipal waste is produced and is accumulated, to pay a service fee for the collection and dis- posal of this waste, except as otherwise provided by this Ordinance, to a licensed hauler, exclusive contractor, duly authorized.and,designated collection agency, or to the Township. ej:1 Bz$lrngs °for- changes- under this. Ordinance ° shall lie prepared in the, name. of the owner of the premises for which the collection and disposal charges are being made, and the 'charge is hereby imposed under such owner. The failure of an owner to receive a bill for charges required to be paid by this Ordinance shall not excuse the owner from payment of charges on the due date. A licensed hauler, exclusive contractor or the Township may discon- tinue service for non-payment of'service fees by a residential, commercial, institution or industrial establishment. Discontinu- ance of service due to non-payment of service fees shall. not relieve the resident or establishment from abiding by all of the requirements of this Ordinance. SECTION 2: FEES TO BE ESTABLISHED BY CONTRACT' COLLECTION PENALTIES A. All service fees established under an exclusive contract for the collection of municipal waste and recyclables in North Middleton Township shall be established and adjusted by a con- tract to be awarded by the Board of Supervisors, all pursuant to public bidding and public award of contract. The Contractor, or designated collection agency will be solely responsible for collection of fees for service directly from the property owner. North Middleton Township will not be responsible for any collec- tion fees and will not do any billing. Billing shall be done on a regular and convenient basis but, in any event, the Contractor or designated collection agency will, at a minimum, bill in intervals not to exceed three (3) months. Said billings will be at the beginning of each designated billing period. B. penalty and Interest - If charges are not paid within thirty (30) calendar days after each due date, an additional sum of ten (10%) percent as a penalty together with costs of collection of charges as an additional penalty, shall be added to such charge. The charge, as increased by the penalty, shall be added to such charge. The charge, as increased by the percent penalties, ushall pbear interest at the rate of one (-,) Pe per month All delinquent accounts are subject to stoppage of service 13 05/27/99 THU 13:12 FAX 7172439224 C.T.C.B.CARLISLF without notice. Upon stoppage, service will be resumed thereafter only on payment of the accumulated fees for the period of collection and the.. delinquent period. paCYe""Qf""service sSl:riot..relieve the owner or other resident of the 6bligatioh to pay,the fees set for in this ordinance. ARTICLE V. PENALTIES FOR VIOLATION SECTION 1: PENALTIES Any person, including the exclusive contractor and any other collectors operating within the Township, who shall violate any provision of this ordinance shall be liable, upon conviction for' tr.e first offense and upon summary conviction for each subsequent offense, to a fine of not less than one Hundred and No/l00 ($100.00) Dollars nor more than one Thousand and No/100 ($1,000.00) Dollars together with the cost of prosecution, in each case. Every violator of the provisions of this ordinance shall be deemed guilty of a separate offense each and every day such violation continues and shall be subject to the penalty imposed by this section for each and every separate offense. Fines and costs imposed under the provisions of this ordinance shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the .costs, such person may be sentenced and committed to the jail of Cumberland County for a period not exceeding thirty (30) days. SECTION 2: GENERAL FUND All judgments, costs and reasonable attorney fees collected for the violation of this ordinance shall be paid over to the North Middleton Township General Fund. SECTION 3: ATTORNEY FEES Where attorney fees are sought to be collected or are incurred as a result of a civil enforcement proceeding or other action initiated by North Middleton Township, said attorney fees shall be at the rate of eighty-five dollars ($85.00) per hour for all work in connection with the civil enforcement proceeding or other action initiated, all based upon the time expended by the Township Solicitor or other attorney designated by the Board to enforce Township Ordinances. The Board may, from time to time, amend the hourly rate for attorney fees by resolution, all at the discretion of the Board. tools 14 05/27,*99 THU 14:12 FAY 7172439224 C.T.C.B.CARLISLE to 016 SECTION 4: ADDITIONAL REMEDIES Nothing herein is intended to preclude the Township's exer- cise of any additional remedies, in law or in equity, for non- compliance with this Ordinance, all in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act and the Second class Township Code. ARTICLE VI. EFFECTIVE DATE, SEVERABILITY AND RELATIONSHIP TO OTHER ORDINANCES SECTION 1: EFFECTIVE DATE This Ordinance shall become effective in* accordance with law. SECTION 2: SEVERABILITY In the event that any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance or other ordinances affected by this Ordinance, it being the intent of North Middleton Township that such remainder shall be and shall remain in full force and effect. SECTION 3: RELATIONSHIP TO OTHER ORDINANCES All other Ordinances, parts of Ordinances or parts of Resol- utions inconsistent herewith shall be and the same expressly are repealed. 15 05/27!99 THU 14:13 F:1% 7172439224 ENACTED AND ORDAINED this ATTEST: NORTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS 16 UD/L li tlt$ mu 14:13 FAX 71794382G4 C. T. C. B. CARLISLE fQ 018 CERTIFICATE I, the undersigned, Secretary of the Township of North Middleton, Cumberland County, Pennsylyania (the "Township"), certify that: the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township (the "Board"), which duly was enacted by affirmative vote of a majority of the members of the Board at a meeting held on 1997; said Ordinance duly has been recorded in the Ordinance Book of the Township; said Ordinance duly has been published as required by law; and said Ordinance remains in -effect, unaltered and unamended; as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and Aaffix the offi- cial seal of the Township, this /.S day of , 1997. _ Sec et ry (SEAL) e CERTIFICATE OF SEWYKE I hereby certify that I have served a copy of the fc;egoing Complaint by United States First Class Mail, postage prepaid, upon the party(s) or counsel of record addressed as follows: Robert C. Stine, Jr. Ron Turo, Esquire 470 Cornman Road 32 S. Bradford Street Carlisle PA 17013 Carlisle PA 17013 Defendant Counsel for Defendant ZI Dennis E. Boyle, Es lire Dated: June 3, 1999 M r o>' any u ° ?- 5,, ????.1 C7 ."?? LJ"- ? -=G ? II Q j i?. ? 1:?11? " .. . L.' ? I - . '. CL ti. u ? aT c• __ ) u COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEA JUDICIAL DISTRICT CUMBERLAND COUNTY NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 9'3-9,91'R CL r r, 9 TP m NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Robert C. Stine, Jr. DI r.N R "E Ar?EUANr _ 09-2-01 1 0 Cornman Road 5/5/99 Carlisle pital Tax Collection Bur. CV 1999-99 LT 19 10084 - -_ ._ .._._.._..... y This Notice of Appeal, when received by the District SUPERSEDEAS to the judgment for possession in this case PA 97013 Robert C. sti if appellant was CLAIMANT (see Pa. R.C.P.J.P. No. Justice, will operate as a 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy I filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULF. TO FILE COMPLAINT AND RULE TO FILE (This section of fain to be used ONLY when appellant was DEFENDANT (see Pa. 11C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enternrleupon Capital Tax Collection Bureau Name of apwflecysl appellee(s), to file a complaint in this appeal (Common Pleas No, 98 ^ i? P9"1q LW:& 'Tp.IM ) within twenty (20) days after servic of ru or su entry of ju non pros. c RULE: ToCap.ital Tax Collection Bureau sueaeanrafrsewmey e9 "" , appellee(s). IJame Of erpelee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) dwis after the date of service of this Rile upon you by personal service a by certified or registered mail. (2) IF you do not file a complaint within this fire, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ' i ?Y1 1944 U V \? U LC ' ? `31-- C SrPaatuo ro a 04?0? haPC JIT-0s COURT FILE TO BE FILED WITH PROTHONOTARY -------------- 1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. (date of service) 79_ -'---- , upon the District Justice designated therein on , E3 receipt attached hereto, and u on the a by personal service 13 by (certified) (registered) mail, sender's. p on (name) 19_.p by personal service by (certified) (registered) mail, sender's receipt attached fieretpon ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon theappelloe(s) towhom, mail, sender's receipt attached hereto. 19 by personal service (] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS -------DAY OF., 19 Signature of official before whom allidevimade Title of official My commission expires on ___.__,?_ ? 9_. Signature of c l r i ? 01 ? Rl " ?, ? .v `rrl _? ,51 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND + Map. Dial. No t 09-2-01 DJ Name' Hon. PAULA P. CORREAL Addmao-. EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA Telephone, (717 ) 240-6564 17013-0000 ATTORNEY DEF PRIVATE : RON TURD, ESQUIRE 32 S. BEDFORD ST. CARLISLE, PA 17013 w. NOTICE OF JUDLGC ESNET/TRANSCRIP IT CIVI PLAINTIFF: NAMEWADDRESS rCAPITAL TAX COLLECTION BUREAU 19 S. HANOVER ST C/O JOHN STAMBAUGH LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS rSTINE JR, ROBERT C 470 CORNMAN RD CARLISLE, PA 17013 L J DocketNo.: CV-0000099 99 Date Filed: 3/08/99 THIS IS TO NOTIFY YOU THAT: FOR Judgment: TTf1h* RTTRFATT -- Judgment was entered for: (Name) r•APT 'AT TA} 0 Judgment was entered against: (Name) in the amount of $ gt 6 -47 on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. E] Amount of Judgment Subject to Attachment/Act 5 of 1996 $- (Date of Judgment) --- ? Levy is stayed for days or E] generally stayed. ? Objection to levy has been filed and hearing wild: Date: Time: Place: (Date & Time) Amount of Judgment 4) Judgment Costs $ Interest on Judgment $ Attorney Fees Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ HIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE ANY PARTY HAS THE RIGHT TO APPEAL WIT OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NO ICE OF JU[TdSMEVf/TRANSCRIP FORM WITH YOUR NOTICE OF APPEAL. District Justice _Date =that My commi ssion expir AOPC 315.99 and dorrect copy of the record ot.the first Monday of January, 2000 edings containing the judgment. District Justice SEAL t d 11' I r .? 1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) j COMMONWEALTH OF PENNSYLVANIA COUNTY OF !/ t^?/? ; ea AFFIDAVIT: I hereby swear or affirm that I served I. Common Pleas No. , upo the Distr' Justice designated therein on copy of the Notice of App Xate of service) . 19-F Z, [I by pers al service b (certifie ?egist?red) mail, sender's receipt attach d?he-reto, an y)pon the appellee, (name) L 'fin c', e ?3cv?'r°4 c> - , on , 19 by personal service 5kb certified A registered) mail, sender's receipt attached hereto. Xand further that l served the Rule to File a Complalirrytaccompanying the above Notice of Appeal upon the appellee(s) towhom the Rule was addressed on r r J , 19L.?, by personal service 9by certified) registered) mail, sender's receipt attached hereto. _ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 19th DAY OF May 1999 - (? //L--- Signature of affiant NOTARIALSPAL y? L STEM ANN CUPPINGER, Notary Pu jbi6naiure of official before whom arlidevit va made 97 Ciarkle BM, Curahetlalid COBftly, PA Notary Public Commission Extim Nov. 13,2W Title of official My commission expires on + -- Stine - Appeal Stine - Appeal Z 452 476 414 Z 452 476 417 US Postal Scrvice US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See revorse Do not use for international Mail (See reverse) c pQ 6 m t'1 E a Sent to Paula P. Correal Street d Number 1 Courthouse Square, Post Olhce, State, d LIP Cod Carlisle P e A 170113 Postage S J candied Fee 4, Special Delivery Fee. Resindod Dellvory Fee TO.. neceipl Showing to Whom It Date Drirvemd HrUnt Hmw Slt m la It.Mm. Dare. d Ae9eatres An9b&s TOTAL Pottage d Fecs G I S f`e:lrneM of wic A , l l apital Tax Coll. Bur S Postage 1 Spodal Delivery I" nesincted Delivery Fee N g to / / J1 e Rmum DAVena l Whom & d Dale DeLVOrod n Reclm Rxr7A Stgwvq to NTwn. Date. d kttii's Aeons O TOTAL Pns7aga d fees DO Pmlmaor Dale ? lI l ! ? l ? in /ll ? COMMONWEALTH Of PENNSYLVANIA NOTICE Of APPEAL COURT OF COMMON PLEAS IF ROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT CUMBERLAND COUNTY COMMON PLEAS No. q(? `T- LQ-Te rM NOTICE OF APPEAL -SL_1 Cj Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. Robert C. Stine, Jr. Carlisle 5/5/99 Capital Tax Collection Bur. CV 1? 99-99 IT 19 be this notation is 09-2-01 PA 17013 Robert C. Sti red under ra. H.C..r.J.r. No. It appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST. SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DErENDANT Pa. R.C.P.JA No. 1001(7) in action before District Justice. IF NOT USED, detach /rom copy of otice of appafJt.fo!baiServ9d upon a .flee). PRAECIPE: To Prothonotary ,ncJ Enter rule upon capital TA-4 AblTdd' ___ , oppellee(s), to file a complaint in this appeal Name of appe/leis) n / (Common Pleas No.. QQ - ???9 Cy ?e.I M) within twenty (20) days after service f rul or suf r entry of j of non pros Signature of appellant or his attorney agent RULE: To Capital Tax Collection Bureau appellee(s). Name or appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing.` `I\ Date: ?Jn , 19??. \f..?c??YV \t,a?l "Jl44 sigrufure of Mott gLVy or Deputy JaR: a 2n COURT F!I.F. CAPITAL TAX COLLECTION BUREAU,: COURT OF COMMON PLEAS OF Plaintiff v NO. 99-2979 CIVIL TERM ROBERT C. STINE, JR., Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Notice of Appeal filed in the above captioned case upon Capital Tax Collection Bureau, by certified mail, return receipt requested, addressed to: Capital Tax Collection Bureau 19 South Hanover Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 21, 1999. i VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OFF Date Z?? Ro Turo, Esquire 32 outh Bedford Street isle, PA 17013 (717) 245-9688 Attorney for Appellant F SENDER: •Conptwe home 1 andror 2 for WMIO sl earNces. I also Walt to receive the 1 w .COnptwe 1 erne 3, 4a, end at. following services (for an epdrd your name w4 address m the m"mo of this form w that"ken retum tNe extra fee): orm to the here of the rWlpiwe, or on the back If spaos dm not 1. ? Addresses's Address =:96"i • j ?erms •WAte"liemm Asadpf Requaued'on the maRµeu below the ankle number. 2.0 Restricted Delivery f •nn Return ReWpl wIll show to Whom tM article was doWerod deuwred. end the date Consult postmaster for fee. b l 3. Article. Addressed to: er 4a. Artic e Num a• Capital Tax Coll, Bureau Z 452 476 417 _ t9. F 4b. service Type 1 $ 19 South Hanover Street ? Registered Kcerdffed c Carlisle, PA 17013 ? Express Mail ? Insured 5 _ Return Receipt forMerchendse ? COD w. 7. Date of D Ivory ' 5. Received By: (Prtnt Memo) B. Addressee's Address (Only if requested and fee is paid) . @. Signature: (Addressee orAgentJ . Ps Form 3811. December 1994 Domestic Retum Receipt cr ?, a u i?-: cJ =sS I? LLJ " l CAPITAL TAX COLLECTION BUREAU,: COURT OF COMMON PLEAS OF Plaintiff V : NO. 99-2979 CIVIL TERM ROBERT C. STINE, JR., Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Notice of Appeal filed in the above captioned case upon District Justice Paula Correal, by certified mail, return receipt requested, addressed to: Paula P. Correal Cumberiand County Courthouse 1 Courthouse Square East Wing Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 21, 1999. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. LAW OFFICES J' Date c/ flon Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant w SENDER: :Complete Itume 1 andlor 2 foraddldonal awvIon. I also wish to receive the :Complete ham 3,4a, and 4b.. fdlowing services (for an ¦Pdnt your name end address on the reverse of INs form so Mat we Hen retum Me elrtra fee): and to you. :Mach We loan to the from of the mallplea, or on the beck a apace does not t. ? Addressee's Address ppmmNttlt. •Wdte•Aatum Realpf Repuested•on the meilplew below the ankle number. 2. ? Restricted Delivery The Retum Rempt w1d show to whom the article wee deWered and the date dNi d i ' vere . Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number t pp qg& Z a- -y E g Paula P. Correal I Cumberland County Crths 4b.Service Type ? Re istered WCOMIl d c' 1 Courthouse Square g e East Wing ? Express Mail ? Insured o; T j Carlisle, PA 17013 RetumReceipt torMetclendse ? COD 7. Date of De ry -. 5. Received By: 'nt Name) - 8. Addressee's Address (Only If Inxfuested 7` f. and fee Is paid) N 8. Signature: (Addressee o Agent) i g X PS Form 38,9; December 1994 .zi CV CJ -`t rcla - cn m ? " F LAW OFFICES NAUMAN, SMITH, 011015siuHI2 A $LOLL 200 NORTH THIRD STREET P. 0. BOX 840 .. HARRISBURG,. PENNSYLVANIA 17108-0840 CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. NO.: 99-2979 CIVIL TERM ROBERT C. STINE, JR., Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Dennis E. Boyle, Esquire, and the firm of Nauman, Smith, Shissler & Hall, as attorneys for the Plaintiff, the Capital Tax Collection Bureau. NAUMAN, SMITH, SHISSLER & HALL .?-I,A--- Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 3`d Street, 18'h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital Tax Collection Bureau Dated: June 3, 1999 c Lh L U =: Il L:'.' 7v r I.LJ:U T?. ? cg a. m Z` Q% () CAPITAL TAX COLLECTION BUREAU,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-2979 CIVIL TERM ROBERT C. STINE, JR., : CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Robert C. Stine, Jr., by and through his attorney, Turo Law Offices, and files the following Preliminary Objections: DEMURRER 1. The Complaint filed by the Plaintiff, Capital Tax Collection Bureau, is legally insufficient as a matter of law as the Plaintiff attempts to indicate that it has somehow been "duly authorized" as an agent for North Middleton Township for the purpose of administering its Refuse Collection Ordinance. 2. A municipality organized and existing under the 2nd Class Township Code of the Commonwealth of Pennsylvania can not authorize an agent to enforce a municipal ordinance. 3. There are no facts, of record, that would indicate that the Plaintiff has any legal basis to assert a violation of a Township Ordinance and consequently the Complaint should be stricken. WHEREFORE, for all the above reasons, the Defendant, Robert C. Stine, Jr., requests this Honorable Court to dismiss Plaintiffs Complaint. LACK OF CAPACITY TO SUE 4. The Plaintiff, a private organization has no capacity to bring an action on behalf of a 2nd Class Township organized and existing under the 2nd Class Township Code of the Commonwealth of Pennsylvania. 5. Plaintiff, as a private enterprise, does not provide any justification or legal authority for it to enforce a Township Ordinance and therefore its Complaint must fail. WHEREFORE, for all the above reasons, Defendant, Robert C. Stine, Jr., respectfully requests this Honorable Court to dismiss Plaintiffs Complaint. DEMURRER TO COUNT II 6. Plaintiff asserts that it is entitled to collect a civil penalty in the amount of 10% on the uncollected balance as well as interest and legal fees pursuant to the Ordinance. 7. The Ordinance, Article 5, Section 3, specifically sets forth that attorney's fees can only be obtained where "attorney's fees are sought to be collected or are incurred as a result of a civil enforcement proceeding or other action initiated by North Middleton Township'. (Emphasis added) 8. The instant action has not been brought by North Middleton Township nor can North Middleton Township designate an agent to conduct a civil enforcement proceeding under the 2nd Class Township Code of the Commonwealth of Pennsylvania and therefore any claims for penalties or attorney's fees must fail. WHEREFORE, for all the above reasons, the Defendant, Robert C. Stine, Jr., respectfully requests this Honorable Court to dismiss Count II of Plaintiffs Complaint. Respectfully Submitted TURD AW OFFICES Date ?Fon Turo, Esquire tit South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Preliminary Objections upon Dennis E. Boyle, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the day of June, 1999, from Carlisle, Pennsylvania, addressed as follows: Dennis E. Boyle, Esquire Nauman, Smith, Shissler & Hall 200 North 3`d Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 TURO LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant C Ll I' ri r]r U U i (j LAW OFFICES Nnvatnar, CDara?aa. t?IDIa?z>roII2 Rr iinzz 200 NORTH THIRD STREET - Box 840 'F{AR RI3O URD. PENNSYLVANIA 17100-0840 NORTH MIDDLETON TOWNSHIP Plaintiff V. ROBERT C. STINE, JR., Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA : NO.: 99-2979 CIVIL TERM CIVIL ACTION - LAW CFRTIF_CATE OF SERVICE I hereby certify that I have served a copy of the Amended Complaint filed on July 1, 1999, by United States First Class Mail, postage prepaid, upon the party(s) or counsel of record addressed as follows: Robert C. Stine, Jr. 470 Cornman Road Carlisle PA 17013 Defendant Ron Turo, Esquire 32 S. Bradford Street Carlisle PA 17013 Counsel for Defendant NAUMAN, SMITH, SHISSLER & HALL Penny A. R gers, Legal Assistant to Dennis E. Boyle, Esquire 200 N. 3" Street, 181" Floor P. 0. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Dated: July 2, 1999 Counsel For: North Middleton Township I'm Im I' . ' i:i PRA . IPR FOR LISTING ASF FOR AR C111? r?T (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: Pre-Trial Argument Court 0 Argument Court -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - CAPTION OF CASE (entire caption must be stated in full) NORTH MIDDLETOWN TOWNSHIP (Plaintiff VS. ROBERT C. STINE, JR. (Defendant) VS. No. 99 Civil 2979 19-99 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Amended Complaint 2. Identify counsel who will argue case: (a) for plaintiff: Dennis E. Boyle, Esquire (b) for defendant: Ron Turo, Esquire 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 42, tj Dennis E. Boyle, Esquire Attorney for Plaintiff Dated: October 11, 1999 us LL I! Cs C1 C? -? r? NORTH MIDDLETON TOWNSHIP : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT C. STINE, JR. : NO. 99-2979 CIVIL TERM IN RE• DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT AND NOW, this 17TH day of DECEMBER, 1999, after careful review of the pleadings and the briefs submitted by each party, Defendant's Preliminary Objections to Plaintiffs Amended Complaint are DENIED. Dennis E. Boyle, Esquire For the Plaintiff Ron Turo, Esquire For the Defendants Edward E. Gui? ,, J?.9, iz-zo-9? RKS 1 By the Court, 4; - :sld nr M,