HomeMy WebLinkAbout99-03088
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NORTH MIDDLETON TOWNSHIP
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
V.
SIDNEY MILLER,
Defendant
: NO.: 99-3088 CIVIL TERM
: CIVIL ACTION- LAW
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 ban 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 la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado
y archivar en is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiendc, la corte tomam 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 pcrdcr dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O 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
IAX)--,- C-z ?
Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. 3" 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
1)
NORTH MIDDLETON TOWNSHIP
Plaintiff
V.
SIDNEY MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
NO.: 99-3088 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:
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 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, Sidney Miller, is an adult individual residing at 850 Louther Street,
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.
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 850 Louther Street, 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
Sidney Miller, in the amount of $157.09.
COUNT II - PENALTY AND ATTORNEYS FEES
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
Sidney Miller 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
,?2-
Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. 3'd Street, 181h Floor
P. O. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: Capital Tax Collection Bureau and
Dated: July 1, 1999 North Middleton Township
4
EXHIBIT "A"
05/27:99 THU 14:05 FAX 71729''x224 C.T.C.B.CARLISLE 40002
NORTH NIpDLETON TOWI P
CUMBERLAND COUNTY. PENNSYLVANIA
ORDINANCE NO. 97-6
AN ORDINANCE REGULATING THE COLLECTION, STOR-
AGE,r DISPOSALt AND RECYCLING OF SOLID WASTE
AND RECYCLABLES; PROVIDING FOR THE AUTHORISA-
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 at 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. 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, at 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 seg.); 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: 0RT 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.
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.
10003
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
05/27/99 THU 14:06 FAX 71724"124 • C.T.C.B.CARLISLE
Glass shall mean the bard, 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 known 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.
SDPE - 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.
tO004
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 nNorth 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.
3
05/27/99 THU 14:07 FAA 71724 q24 G.T.C.D.. 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 llmitad.to, plastic
bottles used as containers for soda, milk and other consumer food
products or for household cleaning products 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
quarter more than twenty-
pertcontracis occupied not
add uni ooneress(21)econsecutilsewhere
to 005
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 collectionand
able
conveyance of recyclable materials; (2) processing recyclable
materials as applicable; and (3) marketing 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
renovationsl,u whetthher in interior or exterior; from
pipes; limbs or the trunks of trees greater than three (3) inches
05/27/99 T!!U 14:07 FAX 71724-'224 C.T.C.S.CARLISLE
in diameter; hazardous wastes; and recyclable items as defined
herein.
Refuse Collection services.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
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, -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, 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
5
05/27/99 THU 14:08 FAX 7172V '24 C:T.C.B:CARLISLE 16007
A$TTf_T.F. TT. STORAGE, COLLECTION AND DISPOSAL OF MUNICIPAL WASTE
SECTION l: GE
It shall be the duty of every owner of property anti 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: SIOBAGE ON RESIDEN7+TAr PROPFRTY
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 MULTIFAMILY
IMITUTIONAL AND INDUSTRIAL PROPER ES
A. Storage of municipal waste on commercial, institutional
6
05/27/00 THU 14:08 FAX 71724?"^24
C.T.C.&.CARLISLE
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.
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 COLLEcmoR
Except as set forth in this ordinance or any exclusive
Township contract for the collection of municipal waste and
recyclables, it shall be ilnlawful 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
standards developed therefor by the Township Board of Super-
(0008
05/27/99 THU 14:09 FAX 71724,^224 C.T.C.B.CARLISLE
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 residenEial 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 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
stared 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
10009
05/27!99 TRU 14:09 FAX 71724' °24 C.T.C.B.CARLISLE 10010
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 plate 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: BXCLTISIONS
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 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-
05/27/99 THU 14:10 FAX 717297''24 C.T.C.B.CARLISLE
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 ANA C9NT9ACT'
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
supporting documentation, evaluate any an
determine appropriate compliance and/or t
some form of relief.
A12TI9LE III. RECYCLABLE MATERIALS
SECTION 1: GENERA
written request and
[all circumstances to
ie possible granting of
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: RECYCLING 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.
X1011
10
05/27/99 THU 14:10 FAX 71721'x224
C.T.C.B.CARLISLE
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:?T?S TO BE FILED AND AcnnOyED
' '' BY TOWNSAIP
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:. SEPARATION OF RECYCLABLES AND PLAC NT FOR
DISPOS TTON
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.
10 012
11
05/27/99 THU 14:11 FAX 71724.1-124 Cj.C.B.CARLISLE
SECTION 7: UNAUTHORIZED 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: UNLAWFUL DISPOSITION OF RECYCLABLES
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: KA-MR OF COLLECTION \ COLLECTION 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 rules and regulations of the Commonwealth, the County, the
Township and any contract or contracts between the parties.
SECTION 10: RECYCLING AWARENESS PROGRAM ESTABLISHED
10013
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 BIDDING 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.
an exclusive contract
recyclables, the terms
as the bidding documents
of property and every
or place of business
generated and
12
05/27/09 THU 14:11 FA% 71724^-024 C. T. C. B. CARL I SLE 10 014
ARTICLE IV„ FEES
SECTION l: 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.
Alxmimi1 gs• °for.- charges- under thisi 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 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 penalties, shall bear
interest at the rate of one (lt) percent per month until paid.
All delinquent accounts are subject to stoppage of service
13
05/27/99 THU 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. ;aige""p'f"'sevi'ce
P,tAX1: 1TOt..Yel eve the owner or other resident of the dbligatioh
to pay.the fetes set for in this Ordinance.
ARTICLE V. PENALTIES FOR VIOLATION
SECTION 1: PENALT;ES
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 No/100
($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.
U015
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
All other ordinances, parts of Ordinances or parts of Resol-
utions inconsistent herewith shall be and the same expressly are
repealed.
10016
15
05/27!99 THU 14:13 FAX 717241^424
• C.T.C.B.CARLISLE 10017
ENACTED AND ORDAINED this
ATTEST:
day of , 1997,
NORTH MIDDLETON TOWNSHIP
BOARD OF SUPERVISORS
16
Ub"1iaa 11tU 14:13 FA.L 717243V-24 .. ,...Y:.
C.T.C.B.CARLISLE ;,,.? IQ 018
E
. J
CERTIFICATE
I, the undersigned, Secretary of the Township of.North
Middleton, Cumberland county, Pennsylvania (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 WI=OF, I set my hand and affix the offi-
cial seal of the Township, this /S day of - / ,
1997. _
Sec et ry
(SEAL)
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.
? ?L 4k
Deborah Steffee
Township Manager
North Middleton Township
Date: `? ?_??
>- C f >-
1J'
L..
PYS510 Cumberland County Prothonotary's Office
Civil Case Inquiry
1999-03088 CAPITAL TAX COLLECTION BUREAU (vs) MILLER SIDNEY
Reference No.. Filed.......
Case Type.... APPEAL - DJ Time. ... :
Judgment.. .00 Execution Date
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date.
------------ Case Comments ------------- Higher Cr-t 1.:
Higher Crt 2.:
Page
5/21/1999
10:10
0/00/0000
0/00/0000
General Index Attorney Info
CAPTIAL TAX COLLECTION BUREAU PLAINTIFF BOYLE DENNIS E
19 SOUTH HANOVER STREET
C/0 JOHN STAMBAUGH
CARLISLE PA 17013
NORTH MIDDLETON TOWNSHIP PLAINTIFF BOYLE DENNIS E
MILLER SIDNEY DEFENDANT TURO RON
850 EAST LOUTHER STREET
CARLISLE PA 17013
******************************+*******+*************+***************************
* Date Entries
***+***********+********+**********+************+++*****************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
5/21/1999 APPEAL FROM DISTRICT JUSTICE JUDGMENT
-------------------------------------------------------------------
5/21/1999 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
--------------•---------------------------------------------------
5/26/1999 PROOF OF SERVICE
------------------------------------------------------------------
6/03/1999 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLAINTIFF BY DENNIS E BOYLE
ESQ
6/03/1999 COMPLAINT
-----------------------------------------------------
6/04/1999 AFFIDAVIT OF SERVICE
6/04/1999 AFFIDAVIT OF SERVICE
-------------------------------------------------------------------
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.
SIDNEY MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: NO.: 99-3088 CIVIL TERM
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 Sidney Miller, 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. Miller
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. Miller 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 Defendant. once again, filed Preliminary Objections. North
Middleton 'T'ownship filed an Answer to the Defendant's Preliminary Objections to the Amended
Contphdnt on August S, 1999. ']'his Brief is filed in support of Plaintiffs Answer to Defendant's
Preliminary Objections to the Amended Complaint.
13. &UWMent of) a=-
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 111)
Mr. Miller is a resident of North Middleton Township (Amended Complaint $T2,4, 6), and
as a resident, he has a duty pursuant to the Solid Waste Ordinance to pay fees for the disposal of
refuse. (Amended Complaint S4). Despite repeated demands for payment by North Middleton
To%Nnship 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).
Asa result of his failure to pay the fee required by the Ordinance, Mr. Miller has accumulated a debt
to the Township in the amount of $157.90 as of the date of the filing of the Complaint. (Complaint
19).
1)
Il. 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 HAS NO GOOD FAITH BASIS FOR FAILING TO COMPLY
WITH THE ORDINANCE?
(Suggested Answer in the Negative).
III. 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. Realty Group Associates, Irrc. v. Divosivic, 408 Pa. Super. 326, 396
A.2d 880 (1991); North v. City of Philadelphia, 136 Pa. Commw. 629,584 A.2d 403 (1990). In
3
order for a demurrer to be sustained, the plaintiff's complaint must fail to set forth a cause of action
upon which relief can be granted under any theory of law. Sultan 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 fora
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. Plaintiff's amendment of it, Complaint in recnonce to n f ndant a initial prat ga
Objection i com tent with and permitted by Pa R. C 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. Plaintiff's 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
that the Plaintiff was not entitled to amend his Complaint without leave of court or consent of
opposing counsel.'
In this case, it is true that the original Complaint was captioned, "Capital Tax Collection
Bureau v. Sidney Miller" and that the Amended Complaint was captioned, "North Middleton
Township v. Sidney Miller". 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`h Edition (1990) (defining substitution). Further, Plaintiffs amendment was filed within twenty
days and it is therefore permissible under Pa.R.C.P. 1028(c)(1).
The recent Cumberland County case of the Estate of Gouse v. Miller & Norford, 48 Cumb.
240 (1999) is illustrative. In the Estate of Gouse, the plaintiff s 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. Cepish n. Northwest Medical Center, _ Pa. Super. 692 A.2d 192 (1997). The
defendant in that case filed preliminary objections challenging the omission of the personal
representative. Id. at 242. In response and pursuant to Pa.R.C.P. 1028(c)(1), the plaintiff filed an
amended complaint this time naming the personal representative as a party. Id The defendant
' 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 acceded to the Defendant's demands.
Therefore, had consent been required, the Defendant would have no good faith basis to refuse to
the change.
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 of Gouse, 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 11). 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 permissible "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
6
C. A demurrer is not a proper procedural device for dent allegations of a complaint.
In his second demurrer (¶15-6), 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 Plaintiff's 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 ¶18, 9, 10). For purposes of this demurrer, all well plead facts and inferences reasonably
deducible therefrom are accepted as true. Realty Group Associates, Inc. v. Divosivic, 408 Pa. Super.
at 326, 396 A.2d at 880; Wurth 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 districts 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. North Middleton TOmbl may oll ct attorney fees in civil a ?+?? wh r rhn
collection ofattomev fees is cnecifimlly authorised by ordinance and when & nPr a . i 4s a
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
Associates, Inc. v. Divositdc, 408 Pa. Super, at 326, 396 A.2d at 880; Wurih v. City of Philadelphia,
136 Pa. Commw. at 629, 584 A.2d at 403, there is simply no record upon which to sustain Plaintiff's
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, ' anlilo 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
60
Dennis E. Boyle, EAuire
Supreme Court I.D. No. 49618
Spencer G. Nauman, Jr., Esquire
Supreme Court I.D. No. 07226
200 N. 31d Street, 181h 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
ky-
/'? coJ
Dennis E. Boyle, Esquire
Dated: December 2, 1999
LAW OFFICES
MAYTDIAZT. .`ti MIlrIIY. .`5xjj C3MLII,Y2 R. H$\ALL
200 NORTH YHIRD STREET ` y ?-
P O. BOX 840 \%- -
HARRISBURGo PENNSYLVANIA 17101-O8 O
I a
A
i
15
LAW OFFICES
NALTDdAN, 5iltiwim, r3nn mr4Ln9nt IL' INAL4.
200 NORTH THIRD STREET
• 1
P.O.•Box 840
HARRISBURG, PENNSYLVANIA 17108-0840
CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
: PENNSYLVANIA
V.
NO.: 99-3088 CIVIL TERM
SIDNEY MILLER,
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
Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. 3' 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
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CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
:PENNSYLVANIA
V.
: NO.: 99-3088 CIVIL TERM
SIDNEY MILLER,
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, 4s' Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle PA 17013
Telephone: (717) 240-6200
Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de platy 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 las demandas en contra de su
persona. Sea avisado que si usted no se deficnde, 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
petition 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 TAIL 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`h Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle PA 17013
Telephone: (717) 240-6200
NAUMAN, SMITH, SHISSLER & HALL
Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. Yd Street, 181h Floor
P. 0. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: Capital Tax Collection Bureau
Dated: June 3, 1999
2
CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
: PENNSYLVANIA
V.
: NO.: 99-3088 CIVIL TERM
SIDNEY MILLER,
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:
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, Sidney Miller, is an adult individual residing at 850 East Louther Street,
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.
5. Paragraphs I 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 850 East Louther Street, 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 Bweau, has
made repeated demands for payment, all of which have been ignored.
WHEREFORE, Capital Tax Collection Bureau demands judgment in its favor and against
Sidney Miller, in the amount of $157.09.
2
COUNT II - PENALTY AND AITQRLXEYS FEES
11. Paragraphs I 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 (I%) 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, the Capital Tax Collection Bureau demands judgment in its favor and
against Sidney Miller in the amount of $157.09, together with a penalty of $ 15.70, and interest at
a rate of I% 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
Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. 3'd Street, I8'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 Agent for North Middleton Township
YERMCAMN
I, John Stambaugh of the Capital Tax Collection Bureau, make the following statements
subject to the penalties of 19 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.
M= &"25L
John Stambaugh
Refuse Billing Coordinator
Capital Tax Collection Bureau
Agent for North Middleton Township
Date: 6/2/99
EXHIBIT W
Q5/27/99 THU 14:05 FAX 7172439224 C.T.C.B.CARLISLE
NOR" MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO. 97-6
AN ORDINANCE REGULATING THE COLLECTIONf 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.
10002
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 at 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. 103, No. 69, reenacted and amended November
9, 1996, P. L. 350, No. 60 (53 P.S. Section 65101 at seq.) ; Act of
July 10, 1947, P.S. 1481 (53 P.S. Section 65101, at 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 at 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 14:00 FAX 7172439224 C.T.C.B.CARLISLE
10003
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. _
Bulky 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.
05/27/99 THU 14:06 FAX 7172439224 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.
SDPE - 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. activitiez 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 mined 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.
10004
05/27/99 THU 14:07 FAX 7172439224 C.T.C.B.CARLISLE 16005
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 e c de 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
05/27/99 THU 14:07 FAX 7172439224 C.T.C.B.CARLISLE 10006
in diameter; hazardous wastes; and recyclable items as defined
herein.
Refuse collection &ervices.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
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, 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, 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.
05/27/99 THU 14:08 FAX 7172439224 „•„ C.T.C.B.CARLISLE 10007
ARTICLE II. STORAGE, COLLECTION AND DISPOSAL OF IMNICIPAL WASTE
SECTION 1: GENE
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.
8. 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 C M4ERCIAL MULTI-FAMILY.
INSTITUTIONAL AND INDUSTRIAL PROPERTIES
A. Storage of municipal waste on commercial, institutional
05/27/99 THU 14:08 FAX 7172439224 C.T.C.B.CARLISLE [Qj008
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.
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-:or 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_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)
dollars per year, shall be approved in accordance with reasonable
standards developed therefor by the Township Board of Super-
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) bµildings
with more than four (4) dwelling units each, farms (not utiliz-
ing the Townships 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: AP RO'A OF RLANT O DI POSAL
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-WASM-Z
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 tcomposting scheduled
materialsh
items or for the purpose of
05/27/99 THU 14:09 FAX 7172439224 C.T.C.B.CARLISLE io 010
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 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 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-
05/27/99 TRU 14:10 FAX 7172439224 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
L
SECTION 1: GENERA
Recyclables separated for the purpose of materials recovery
rather than disposal and collected by the Township or its desig-.
hated 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 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 FAX 7172439224 C.T.C.B.CARLISLE
SECTION 3: ITEMS TO DE RErvCrFD
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
BY 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 racy-
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:. SEPARATION OF RECYCLABLES AND PLACEMENT FOR
DISPOSITION
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.
W012
11
05/27/99 THU 14:11 FAX 7172439224 C.T.C.B.CARLISLE
SECTION 7: UNAUTH0??7Fb COILECTION
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: UNLAWFUL DISPOSITION OF RECYCLABLES
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: MA R OF COLLECTION \ COLLECTION PRACTICES
10 013
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 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 recyclables are generated and
accumulated.
12
05/27!99 THU 14:11 FAX 7172439224 C.T.C.B.CARLISLE
ARTICLE IV. FEES
SECTION 1: GENERAL
(0014
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.
811-5 1 Wings' for, charges-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 penalties, shall bear
interest at the rate of one (1%) percent per month until paid.
All delinquent accounts are subject to stoppage of service
13
05/27/99 THU 14:12 FAX 7172439224 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. p;aire"af""service
?1 not..relieve the owner or other resident of the dbligatioh
to pax the f..pe;s 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
the first offense and upon summary conviction for each subsequent
offense, to a fine of not less than one Hundred and No/100
($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
10015
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.
14
05/27/'99 THU 14:12 FAX 7172439224 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 VT-. EFFECTIVE DATE, SEVERABILITY AND RELATIONSHIP
TO OTHER ORDINANCES
SECTION 1: EFFECTIVE DATE
law.
This ordinance shall become effective in accordance with
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.
is
to Ole
05/27/'99 THU 14:13 FAX 7172439224 C.T.C.B.CARLISLE
ENACTED AND ORDAINED this day of 1997.
ATTEST:
NORTH MIDDLETON TOWNSHIP
BOARD OF SUPERVISORS
16
143017
ubiziiaa lnu 11:1:1 Ml 71724JU224 C. T. C.B. CARLISLE
aEgT I CATE
I, the undersigned, Secretary of the Township of North
Middleton, Cumberland County, Pennsylvania (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 affix the offi-
cial seal of the Township, this /S day of
1997.
sec get 10 018
(SEAL)
CERTIFICATE. OF SERVICE
I hereby certify that I have served a copy of the foregoing Complaint by United States First
Class Mail, postage prepaid, upon the party(s) or counsel of record addressed as follows:
Sidney Miller Ron Turo, Esquire
850 E. Louther Street 32 S. Bradford Street
Carlisle PA 17013 Carlisle PA 17013
Defendant Counsel for Defendant
/may r??
Dennis E. Boyle, Esquire
Dated: June 3, 1999
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CAPITAL TAX COLLECTION BUREAU,: COURT OF COMMON PLEAS OF
Plaintiff
v : NO. 99-3088 CIVIL TERM
SYDNEY MILLER,
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
Cumberland 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 27, 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.
TURO LAW OFFICES
Date
Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Appellant
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CAPITAL TAX COLLECTION BUREAU,: COURT OF COMMON PLEAS OF
Plaintiff
v : NO. 99-3088 CIVIL TERM
SYDNEY MILLER,
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 28, 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.
6"'/31Fx
Date
TURO LAW OFFICES
Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Appellant
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CAPITAL TAX COLLECTION BUREAU,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 99-3088 CIVIL TERM
SYDNEY MILLER, : CIVIL ACTION - LAW
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, Sydney Miller, 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, Sydney Miller, 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, Sydney Miller, 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 Townshio". (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 2°d 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, Sydney Miller,
respectfully requests this Honorable Court to dismiss Count II of Plaintiffs Complaint.
6 /i1 /9C,?
Date
Respectfully Submitted
TURO 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 _Z1 day of June, 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
Ron Turo, Esquire'
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
LAW OFFIcEs
NAUMAN. 5P11'c11, 5111C5N1,1101i X I1[.\L1.
200 NORTH THIRD STREET
P O. Box 840
HARRISBURG, PENNSYLVANIA 17108-0840
NORTH MIDDLETON TOWNSHIP
Plaintiff
V.
SIDNEY MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
NO,.: 99-3088 CIVIL TERM
CIVIL ACTION -LAW
CERTIFICATE 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:
Sidney Miller Ron Turo, Esquire
850 Louther Street 32 S. Bradford Street
Carlisle PA 17013 Carlisle PA 17013
Defendant Counsel for Defendant
NAUMAN, SMITH, SHISSLER & HALL
j?i?l ?`Y n--a N..?R
Penny A. Rogers, Legal Assistant to
Dennis E. Boyle, Esquire
200 N. 31 Street, 181h Floor
P. O. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: North Middleton Township
Dated: July 2, 1999
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CAPITAL TAX COLLECTION BUREAU,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v
SYDNEY MILLER,
Defendant
NO. 99-3088 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 3rd 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
TURO LAW OFFICES
-? JC9
Date
Ron Turo, Esquire y
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. 99-3088 CIVIL TERM
SYDNEY MILLER, : CIVIL ACTION - LAW
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, Sydney Miller, 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, Sydney Miller, 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, Sydney Miller, 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, Sydney Miller,
respectfully requests this Honorable Court to dismiss Count II of the Amended
Complaint.
Respectfully Submitted
TURO LAW OFFICES—
Date Ro Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 295-9688
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 July, 1999, from
Carlisle, Pennsylvania, addressed as follows:
Dennis E. Boyle, Esquire
Nauman, Smith, Shissler & Hall
200 North 3`' Street, 18th Floor
P.O. Box 840
Harrisburg, PA 17108-0840
TURO LAW OFFICES
Eton Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
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NORTH MIDDLETON TOWNSHIP
Plaintiff
V.
SIDNEY MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
:PENNSYLVANIA
NO.: 99-3088 CIVIL TERM
: CIVIL ACTION -LAW
PLAINTIFF'S ANSWER TO PRELIMINARY
OBJECTIONS 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:
DEMURRER
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 1 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 I'laintiffinerely amplified the relationship between CTCB and North Middleton
township, Further, the Amended Complaint merely addresses Defendant's concerns raised in his
Preliminary Objections. Finally, counsel for 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 of the time to file a responsive pleading.
WHEREFORE, the Plaintiff, North Middleton Township, requests that the Defendant's
Preliminary Objections be overruled.
MUNT it
5. Denied. It is specifically denied that North Middleton Township is "the improperly
substituted Plaintiff'. To the contrary, North Middleton Township is and always has been the
Plaintiff. It is likewise denied that Plaintiff failed to provide "services to plaintiff; to the contrary,
Defendant did provide all services required under the Refuse Ordinance. See Complaint 18, which
is incorporated herein by reference. This averment merely constitutes a denial of a substantive
allegation of Plaintiffs Complaint.
6. Denied. 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 T¶8 - 10.
WHEREFORE, the Plaintiff, North Middleton Township, requests that the Defendant's
Preliminary Objections be overruled.
1)
COUNT 111
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
/-?, ev
]Dennis E. Boyle, Esquire
Supreme Court I.D. No. 49618
200 N. 3`d Street, 18" Floor
P. O. Box 840
Harrisburg 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:
Ron Turo, Esquire
32 S. Bradford Street
Carlisle PA 17013
Counsel for Defendant
Dated: August 9, 1999
Dennis E. Boyle, Esquire
C!?- (? )
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PRAECIPE FOR LISTING. CASE FOR ARGUMENT
(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
?X Argument Court
- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -
CAPTION OF CASE
(entire caption must be stated in full)
NORTH MIDDLETOWN TOWNSHIP
(Plaintiff
VS.
SIDNEY MILLER
(Defendant)
VS.
No. 99 Civil 3088 1999
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.
Dennis E. Boyle, Esquire
Attorney for Plaintiff
Dated: October 11, 1999
I t- •U
1 L. "1
.q
Aft
•4;n
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
CUMBERLAND COUNTY FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na CP - WS? c( a TetYY\
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.
Sidney Miller I Paula Correal
850 East Louther Street Carlisle PA 17013
DATE NT W THE ASE (ftlaw) Wofro wfj
5/5/99 Capital Tax Coll. Bureau Sidney Miller
VS.
SK,NATIME OF APPELLANT OR 7hlbAl ORNEY UK AAGENN
CV 199-96 C/
LT 19
This block will be signed ONLY when this notation is required under Pa R.C.F.J.P. Na If Appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
10086.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS 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 DEFENDANT (see Pa. R.C.P.J.P. 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
Capital Tax Collection Bureau
Enter rule upon , appellee(s), to file a complaint in this upped
Nacre of agvlke(s)
(Common Pleas No. Qq - 3C)00 6 Gll -r9rM ) within twenty (20) days after service of le or suffer entry of ' t of neon pros.
Signature a epxllant a hls attorney or agent
Capital Tax Collection Bureau
RULE: To , appellee(s).
None Of appellee(s)
(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 a' registered nail
(2) IF you do not fib 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 1 1^,
Date: Q sa 199 q. ?D? ?wJ "u V? c
Sipwtve of Protha otery a oewty
ADPC 31241
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal. Check 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. , upon the District Justice designated therein on
(date of service) , 19_, ? by personal service ? by (certified) (registered) mail, sender's.
receipt attached hereto, and upon the appellee, (name)- on
, 19_-? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and furtherthat I served the Rule to File a Complaint accompanying the above Noticeof Appeal upon the appellee(s) towhom
the Rule was addressed on , 19- ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19--
Signature of effient.
Signature of official before whom elfidavil was made
Title of official
My commission expires on
19_.
r, 3
c:: l u -5i
H
ll? i
COMMONWEALTH OF PENNSYLVANIA
r.nI INTV r1C• CUMBERLANn
r
09-2-01
DJNema. Non.
PAULA P. CORREAL
Add1pe1 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
N
THIS IS TO NOTIFY YOU THAT:
Judgment:
O Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rCAPITAL TAX COLLECTION BUREAU
19 S. HANOVER ST
C/O JOHN STAMBAUGH
LCARLISLE, PA 17013 J
VS.
DEFENDANT: NAME end ADDRESS
rMILLER, SIDNEY 1
850 E. LOUTHER ST
CARLISLE, PA 17013
L J
DocketNo.: CV-0000096-99
Date Filed: 3/08/99
(Name)._ CAPTPAi TAX ('QJT?rrPTnN RTIRRATT
x] Judgment was entered against: (Name) mrr.T.RR eTnNF:v
in the amount of $ . 9.1j; _ ap on:
7 Defendants are jointly and severally liable.
7 Damages will be assessed on:
F] This case dismissed without prejudice.
r? Amount of Judgment Subject to
u Attachment/Act 5 of 1996 $_
El Levy is stayed for • days or D generally stayed.
E] Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COT, OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGnptNT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
• 4 Date
I certify that this is a true and co rect copy of 0'
S-•• Date
My commission expires first Monday of January,
"I (. . 1 , District Justice
-r
he pros tidings containing the judgment.
, District Justice
2000 SEAL
(Date of Judgment) r/n5/a9
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
AOPC 315-99
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)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Le/vr I' ei,,, ?, P ; as
AFFIDAVIT: I hereby swear or affirm that I served
copy of the Notice of App_e , Common Pp-leas No. upon the District ,Lestice designated therein on
(date of service) S } s? , 19 !, ?. by pers ,al service 21 b (certif` .(registered) mall, sender's,
receipt att c ed hereto, and. upon the appellee, (name)-- ?w rte- ?rz , on
d' , 19.Z. by personal service,} by ertifle (registered) mail, sender's receipt attached hereto.
?andfurtherthatlserved theRule toFile aComplajntaccompanyin?gtheabove NoticeofAppealupon theappellee(s)towhom
the Rule was addressed on ig?! ? by personal service?aby ertified registered)
%
mail, sender's receipt attached hereto.
SWORN.(AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 25th DAY OF May , 19 99
Signature of afflant
i
?r
Signature of official before whom affidavit wrlNotary Public
TWO Of officlef
My commission expires on ', 19_:
NOTARIAL EAL Z 452 476 412
ItSTEN ANN CUPPINGM Notary Public us Postal Service
Cgla sfeBoro,CumberlandCamty. PA Receipt for Certified Mail
Conmission res Nov. 13, 2000 No insurance Coverage Provided.
e
Do not use for International_Mail (Soot
Capital Tax Coil._Bur u
-' 5 ie I & Number
South Hanover Stre
t
'FRT_ 'i91W;r'`Vh 17 0 13
Pns7aga $ .33
. Cemf,eo fee 1 .35
SpaSal Dclwery Fee N
rn
Ilnslr,p,d DCINery Fee _
n
c
(vl tR ntl to n4 lo
1
10 _
l5'I It l.Lv ?tl .
_?-- C
I,,la t r , „ ,. t W111, o
nee,sane rr Rau .ti ?
0
O
TOTAL P,xiiaye R Pres
IS 2.78
? Patitme?nl Dena rn
E 1
LL May 25, 1999
N
rl
Z 452 476 413
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Sent to
Sveetf Num?r?? , f^
f:mtpacq, State, 849 goo
01 0/f
Postage $
Cemfioo Fee ?? 7 7
SmDal Delivery Fen
Hestnctal Defi,wy Foe
Hmum n,eelpt Shmmng to
VV! n, & Dane D6,wed /
l
1,w fw'o 5!ameg to 1%r,m
1%'j, , 6 At'l 0. re s AAvett
TOTAL t t,w&foes
P, eJ m,u1. of b,n,.
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PIEAS
CUMBERLAND COUNTY FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nu _ x 7C C Te(M
NOTICE OF APPEAL vu
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
dote and in the case mentioned below
Sidney Miller I Paula Correal
850 East Louther Street Carlisle PA 17013
DATE IUDOA1ENr IN THE CASE OF(rnIM11() rovfp mr)
5/5/99 Capital Tax Coll. Bureau vs Sidney Miller
SKN.TINF rkA I I I INT(. MICO cv 1..1--
Cv 1999-96
LT 19 ?L f S5
this block will be signed ONLY when this notation is required under Pa RE.R.I.P. No
1008&
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
It appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.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
Enter rule u Capital Tax Collection Bureau
upon
appellee(s), to file a complaint in this appeal
?J e, Name of appellee(s)
(Common Pleas No. `1`i ' `?V (A y U I Ot M ) within twenty (20) days after service of le or suffer entry of? eel of neon pros.
Signature of appellant or his attomey or agent
Capital Tax Collection Bureau ;na% 1 -•--
RULE: To appellee(s).
Name of appefAxlsl ';J"1'gP J T ' . r 4 yT8I8)J
W , i .r ;?nrF.I u:: ?3 vk!i:GO
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (A r}o4rtpssf,ade?tn '' J vloi
service of this role upon you by personal service or by certified or registered roan
(2) If you do not file o 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 nail is the date of mailing.
Dater S}}, 199.
S73af ire of RoUanOtary a pa"
AOPC 3174.
COURT I It !-
NORTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SIDNEY MILLER : NO. 99-3088 CIVIL TERM
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
TO AMENDED COMPLAINT
BEFORE BAY . EY, IIDO. JJ.
ORDER OF COURT
AND NOW, this IZ 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
:sld
By the Co
Edward E. GuidolY??-??-
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