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HomeMy WebLinkAbout03-3320MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2003- 23,~ : CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~~ Solicitor for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPA~E MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- CIVIL ACTION - LAW LAW OFFICES SNELBAKER, BRENNEMAN & Spare COMPLAINT Middlesex Township Municipal Authority, by its Solicitor, Snelbaker, Brenneman & Spare, P. C., files this Complaint against Defendant Carlisle Motel and Campground, Inc. as follows: BACKGROUND 1. Plaintiff Middlesex Township Municipal Authority (the "Authority") is a duly authorized and existing municipal authority under the laws of the Commonwealth of Pennsylvania with a principal office and place of business located at 350 N. Middlesex Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. 2. Defendant Carlisle Motel and Campground, Inc. is a Pennsylvania business corporation with a principal office and place of business located at 1075 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. Defendant is the owner of a parcel of real estate located at 1075 Harrisburg Pike, Carlisle, in the Township of Middlesex, also identified as tax parcel No. 21-19-1637-011 (hereinafter the "premises"). 4. Plaintiff provides municipal water and sewer service in and to various locations throughout Middlesex Township. 5. Defendant is provided at its premises, for its and/or the occupants of Defendant's premises use and benefit, municipal water and sewer service by the Authority. LAW OFFICES SNELBAkER, BRENNEMAN & SPARE COUNT I 6. The averments of Paragraphs 1 through 5, inclusive, of this Complaint are incorporated by reference herein in their entirety. 7. At all times relevant hereto, specifically from November 2002 through June 2003, Plaintiff provided Defendant with water and sewer services at Defendant's premises. 8. The water and sewer services provided to Defendant by Plaintiff as described above were provided in accordance with the terms, conditions and requirements of applicable rules, rates and regulations as established by the Authority. 9. Defendant has consistently failed and refused to pay Plaintiff in full for charges assessed Defendant for water and sewer services provided Defendant at Defendant's premises for the period of November 2002 through June 2003 despite repeated requests to do so. 10. Defendant has failed and refused to pay the total amount of $21,023.85 due and owing Plaintiff for water and sewer services provided the premises from November 2002 through June 2003, which stun includes applicable late charges or penalties assessed in accordance with rules, rates and regulations of the Authority. 11. The amounts billed by Plaintiff to Defendant for water and sewer services provided Defendant's premises were never objected to by Defendant as being inaccurate. 12. The amounts billed by Plaintiffto Defendant for water and sewer services provided Defendant's premises were fair, reasonable and never objected to by Defendant. -2- 13. The mounts due and owing Plaintiff by Defendant as set forth in Paragraph 10, above, were billed to Defendant on a monthly basis, which bills contained a statement of current monthly charges due together with an indication of any previous balance due on Defendant's account for water and sewer services provided together with applicable penalties. A true and correct copy of Defendant's account statement with amounts claimed to be due as set forth in this Complaint, is attached hereto and incorporated by reference herein as "Exhibit A". 14. Defendant's failure timely to pay for water and sewer services provided Defendant's premises is a material breach of Defendant's express and/or implied obligation to pay for same in accordance with Plaintiffs applicable rates, rules and regulations. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $21,023.85 together with interest and costs of this suit. LAW OFFICES SNELBakER. BrENNEMAN & SPARE COUNT II (In the alternative to Count I) 15. The averments of Paragraphs 1 through 14, inclusive, of this Complaint are incorporated by reference herein in their entirety. 16. The water and sewer services provided by Plaintiff to Defendant at Defendant's premises were not provided by Plaintiff to Defendant as a gratuity. 17. The charges for the water and sewer services as more fully set forth in Court I of this Complaint were fair, reasonable, customary and never objected to by Defendant. 18. Defendant wrongfully secured benefits from the use of the water and sewer services provided Defendant's premises that would be unconscionable for Defendant to retain. -3~ 19. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $21,023.85. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $21,023.85 together with interest and costs of this action. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township Municipal Authority SNELBAKER ~RENNEMAN SPARE 2003 g:B$~m Page: a For acc[ 00204 Z 6L 1,345,15 Z PE 134.32 67.16 Z BL 1,416.76 Z PE 141.88 70,65 2 BL 1,494.36 74§.49 Z eL ~,267.5§ 635.03 ! PY -4,051.60 O,O0 ~ P~ -512.86 ? PE 126,76 ~ pP -~26.76 -63,5G Z PE O.O0 ~6.62 2 ~L ~,023.5B 1,003.03 ~ ~E 202.36 100.30 2 PE O.OO Z PY 2,823.50 3,700.37 ~ PP 20~.98 19Q.~2 2 PP -20Z.36 2 PE ~?~.~0 133.42 2 PE 0.00 101.~6 ;2 Pv ~,OO {2 PP 0.00 -101.96 )~ BL 2,703.96 1,334.23 )2 eL 2,417.18 1,223.03 ~2 BL 2,477.16 3,223,83 )2 PP -2?0.40 -133.4~ )2 BL 2,477.18 I,~23.83 )~ PY -2,477.18 -14,8~8.03 12 PP O.OO I2 PY 0.00 ~2 gL Z,023.56 1,003.03 ]2 PY -2,022.50 -1,003.03 12 BL 2,023,56 1,005.03 13 PE 2GL36 )3 PE 164.5§ 81.9U ;3 BL 1,343.16 671,83 )3 PE 134.32 07.10 ]3 BL 1~3~3.1§ 671.83 )3 ~E 134.32 67.18 ]3 8L 1,721.;~ 855.83 ]3 BL Z,OZ3.5§ t,U03.03 Surf war ~80.18 19,700.10 2,014.39 21,?1~.09 B[LL]NG 201.50 21,giB,50 212.7~ R,239.7~ 2~,4~§.51 OILLII:G Z002/ 1,g02.59 26,Q23.00 BILLIN$ 2002/ -4,001,60 ~)iB.40 23,0~3.08 Ig0.28 23,013.34 2,0n~.1~ 2§,?~?.53 BILLING 2002/ -6,537.27 -~90.~ ~0,000.00 3,026.5g 23,i22,21 HILLING 2002/ 202,6~ 23,425.87 3,251.39 RB,B77.Ge BILLING 2002/ 39~.Z0 26,677.28 -5,723.~3 -39g.28 403.8~ 20,5~4.05 mmt 107.$~ R0,861.71 -H,B92.24 14,78~.37 -107.60 {4,651,11 4,038.19 18,B09.~0 BILLING 2002/ 3,700.}0 13,~.72 BILLING 2 3,700.}9 22,804.7I BILLI{G 2080/ -$,271,53 18,~33.10 ~32.30 1~,201.74 3,700.~9 {~,~52.73 BILLING 2002/ -11,353.{~ 2,59S.54 -152.38 -2,477.16 0.00 3,0~0.5~ 3,026.50 B[tL[~O 10/2~ -3,0B0.~0 0.00 3,026.59 3,02B.~9 BILLING 20OB/ 30B.§6 3,323,25 4,2~.9~ ~,~9~.R4 BILLING 4~E.30 0,018.04 2,464.59 10,403.13 BILLIng 2003/ 248.4B 10,729.59 B,014.99 1~,744.50 8[LL]N$ 201.50 I~,04§.08 Z,Q14.93 14,96?.07 GILLIe3 2003/ 2,$78,05 11,739.58 BILLIng ZOO3/ 3,028.59 20,76§.l§ 2003/~ 257.70 2i,023.~5 EXHIBIT A VERIFICATION I verify that the statemems made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized to execute this Verification on behalf of the Plaintiff in my capacity as Operations Manager. n, Operati~is Manager Middlesex Township Mtmicipal Authority Date: ~'-t~ LAW OFFICES MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 3320 Civil Term : CIVIL ACTION - LAW TO: Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date of Notice: August 5, 2003 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. LrNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN~NOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire Richard C. Snelbaker, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date: August 5, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Middlesex Township Municipal Authority LAW OFFICES SNELBAKER. BrENNEmAN & SPAre MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff V. CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-3320 : CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEFAULT PURSUANT TO Pa.R.C.P. 1037(b) TO THE PROTHONOTARY: Please enter judgment against Defendant Carlisle Motel And Campground, Inc. and in favor of Plaintiff Middlesex Township Municipal Authority in the amount of $21,023.85 together with interest and costs of this action due to Defendant's failure to file within the required time a pleading to the Complaint in this action. A certified copy of the Complaint containing a notice to defend was served upon Defendant on July 15, 2003. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant (the party against whom judgment is to be entered) for failure to plead to the Complaint and at least ten days prior to the date of the filing of this Praecipe. A copy of the written notice mailed to the Defendant on August 5, 2003 is attached hereto and incorporated by reference herein as "Exhibit A". SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Date: August 19, 2003 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Middlesex Township Municipal Authority CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date: August 19, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA ! 7055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 3320 Civil Term : CIVIL ACTION - LAW TO: Carlisle iMotel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date of Notice: August 5, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER, & SPARE Keith O. Brenneman, Esquire Richard C. Snelbaker, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Date: August 20, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority LAW OFFICES SNELbAKER. BRENNEMAN & SPARE SHERIFF'S RETURN - CASE NO: 2003-03320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDLESEX TOWNSHIP MUNICIPAL VS CARLISLE MOTEL AND CAMPGROUND REGULAR JASON VIORAL , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE CARLISLE MOTEL AND CAMPGROUND INC DEFENDANT , at 1555:00 HOURS, on the at 1075 HARRISBURG PIKE CARLISLE, PA 17013 PATRICIA CASHILL, MANAGER, Sheriff or Deputy Sheriff of who being duly sworn according was served upon 15th day of July by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT to law, the , 2003 & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of honorary I · So Answers: R. Th~ma~line 07/16/2003 SNELBAKER BRENNEMAN SPARE By:  puty Sheriff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP dUNICIPAL AUTHORITY, Plaintiff 2ARLISLE MOTEL AND AMPGROUND, 1NC., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3320 CIVIL TERM ' N CIVIL ACTIO - LAW PRAECIPE 'O THE PROTHONTARY: Please mark the judgment entered in the above-captioned case satisfied upon your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: September 8, 2003 Keith O. Brenneman, Esquire 44 W. Main Slxeet Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority