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Home My WebLink About99-06859+ 1 r? ? V i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 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 ad in the case mentioned below. Leon Morrison I 09-2-O1 ADDRESS OF APKE art STATE U as 251 Clemson Drive Carlisle PA 17013 DAT! OF r N IE CASE Of ~#P) laermdiMl 10-25-99 Capital Tax Collection Bureau beau tloiiison K CY 19 99-445 -- . n r --._- f LT 19 \Cl-c-s:.9'w ?f?f-t91?1/ This block will be signed ONLY when this notation is required under Pa. R.C.P.I.P. Na If aPPe lant was CLAIMANT (see Pa. R.C.P.J.P. No. 10080. 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. (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 Enter rule upon Capital Tax Collectinn Bureau vKe o Is ru e I service was by mall is the date of mailing. Date: .. . " .i srpssfue.af Rousorsorery a pepM,? RULE: To Capital fax Collection BurQPTn , appallee(s). Nave of agae0Ms1 (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 a by certified or registered mail. 'I •,?I (2) If.you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of ser ' f th' I 'f FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. W- oppellee(s), to file a complaint in this appeal )within twenty (20) days after servic1of rule (/a offer astty of judgment of non pros 7"' \ ?? 1 A ?X J? J f tA r rA „ agxeant a fus atrarley a eg`eM (Common Pleas Na f NOTICE OF APPEAL I '. "°P0s'='B' COURT FILE 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 tho nclico of appeal. Chock applicable boxes) COMMONWEAL OF PENNSYL-VANIA COUNTY OF_:,g4Lh _ >'s AFFIDAVIT: I hereby swear or affirm that I served ?y a copy of the Notice of Appeal. Co men Pleas No. l upon the District Justice designated therein on (data of service) i ' nT_by personal service El by (CCrtilied) r istered) mail, Sender'S receipt attached hereto. and uQan the appellee. (nano) 4?p CLT Q / on 1901! lA>-('py personal service ? by (certified) (registered) mail, sender's receipt attached hereto. Wand further that I served the Rule to Filea Complaint accompanying theabove Notice of Appeal upon theappellee(s) towhom the Rule was addressed on J/_ ` t . 194_/c- by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (',( / SWORN (AFFIRMED) AND. JBSCRIBED BEFORE ME \ /?y\\?\? _ _ " ?? `? _ ` THIS . IDAY OF Signature of a!liant ianl $,y JfJl' Oe6,al before 'ho , at, Title of official My commission expires on I- - Notarial Cynthia L. Darprr, Notary Public mbe SMy Commis?wnWExpires Aug. I 20a0 L Tim - c•m L, - U _ tJ .C = _' a Um CAPITAL TAX COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW LEON MORRISON Defendant CIVIL TERM 99- 6859 ACCEPTANCE OF SERVICE I, , cc 1 5rfim .;,"5k , hereby state that I am authorized to accept service upon Capital Tax Collection Bureau, and that I hereby acknowledge and accept service of the Notice of Appeal on its behalf. Dated: 11- 15' - `i Cl ;:: _.. ;.: .. ,,,. ?. ?::; ?:: ?_ -- Vr I[nf?)?[Yq NIN JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT I COMMON PLEAS Na NOTICE OF APPEAL r L( Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Leon Morrison 09-2-01 ADDR ^^swwl OTY 5TATE Tr- 251 Clemson Drive Carlisle PA 17013 M AVG Ni NI T-K S-E-TF (rLmn,In (MmsMl ---------------- 10-25-99 Capital Tax Collection Bureau VS, Leon Morrison A10 N NATURE OF APPELLANT OR S ATTORNEY OR AUNT Cv 19 99-445 f\? r LT 19 This block will be signed ONLY when this notation is required under I'm R.CPJP. Na 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case NOTICE OF APPEAL FROM 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.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 Enter rule u Capital Tax Collection Bureau upon , oppellee(s), to file a complaint in this appeal 91, = / Nvrle of appellCe(s) (Common Pleas No. K )within twenty (20) days after servic of r le or s ffer'Ven1??1,) of judgment of rson P.V-R -41 ?? - ?'1 ! l r A 1 ! ? ? 1 pros r o a a(tornay _ RULE: To Capital Tax Collection Bureau , oppellee(s). Name of apoMMe(s) (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing.,, Date: 19 5egarve- i}olnorpray a DgMy ADna 311'? COURT FILE TO BE FILED WITH PROTHONOTARY _ill rc Li 1 C).' w J., LL rte: U r- n .1 L' (T\ (;,l '41 N C I 'S\ 1 J M ? 1 ?iJ ICJiuo :o Jll:l riJp!pp fo oinleue;S .. 30 AVtJ SIHl 3Vi 3H0330 0301HOS91lS ONV (p3'ildHdV) NH+OMS ]IdJOy ra4J?lil' l 'II::W (Pa/31si6oJ) (Plggl:rc) Aq ? aainlas ?euos rid .4q r-ol IdIoDaJ S'apua; uo Passalppe sem any aUl w0ya,o1(5)aapaclde sq1 vodn ivaddv )0 aOpON an0ye orf iiu olu en WOC,e Iu:u;du:c0 e apd 01 OInH ow pmjcs I Ivgl laqunl Puc Olalaq POL13011P idialai s,JapuOS 'pew 0a,alsf5aJ) (pagq+Oa) F,q Ll aOir,Jas iEuoslarl Aq lJ bl uo' - /moan! a?podde aq1 uodn pfe •o;ar: oe1 ? 4 P%I 1 ltlr) s,Japuas'getu (p9JO)s16al) (paygJao) Aq ? OmnJas IeuOSlad fq f-, (It,; 10 O;Vplep) u0 uialayl POleu5isaP a0ilsn( lupisi0 a4; ucdn oN scald uomwnO 'ICOdd v to aouoN off to fdo3 e ? P2AJOS I leis cw11{e JO Jra.?AS: galaq I :11AVOIddV LS: - s0 A-LNf100 VINVAIASNN3d i0 HlIV3)ANOY1W00 lsoxo.7 alge0ydde gOCr,;j 'leadde. 'o aan0u o:li Dm;q u313V SA V(7 !0l ) P43.1 viHI IM 03713 36? Soil 110J.v03 JO joojd S1111) 1NIVldW00 Slid Ol 3-inb 4NV lV3ddV 3O 30LLON d0 3OIA83S d0 d008d ,??.. ?..••cU!'iL?9.?M woa9l?Oq?G:O J:nJCUh?S' r COMMONWEALTH OF PENNSYLVANIA Cnl INTV nF• CUMBERr,ANn Psi Nu 09-2-01 DJ NamO. Han PAULA P. CORREAL A° "AB EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA to?aanano (717) 240-6564 17013-0000 LEON MORRISON 251 CLEMSON DR. P.O.BOX 745 CARLISLE, PA 17013 i< NOTICE OF JUDGMENT/TRANSCRIPT PLAINFIFF. CIVIL CASE NAME a• ADDRESS rCAPITAL TAX COLLECTION BUREAU -I 19 S. HANOVER ST. SUITE 102 LCARLISLE, PA 17013 J vs. DEFENDANTS NAME aw arcs ADDRESS FMORRISON, LEON 251 CLEMSON DR. P.O.BOX 745 LCARLISLE, PA 17013 J F etNo.: CV-0000445-9Filed: 8/31/99 ,,. THIS IS TO NOTIFY YOU THAT: - Judgment: - • . .. FOR-Pr.ATNTTFF . Judgment was entered for: (Name). rARTmar TAX rnr T FrTTOh nrrRFAn a Judgment was entered against: (Name) __MO RTSON, T,F.ON in the amount of $ SSp Fa on: Defendants are jointly and severally liable. Damages will be assessed on: *Incl.t:don 4200.00 fin D This case dismissed without prejudice* ou Cr. rt o, D^S, I.?r (',Do 0)_ 01 (Date of Judgment) 1 n/2s/99 (Date & Time) Amount of Judgment Subject to Atlachment/Act 5 of 1996 $_ Levy is stayed for days or n generally stayed. 11 Objection to levy has been filed and hearing will be held: Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total S Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 PRNOT•LERK QF1HE C-pF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY THIS N?J OP JUDGMEN A,4 ((CRIPT FORM/WJTH YOUR NOTICE OF APPEAL. 10/15/99 Date )/li.(/L???? DistricfJuslite I certify that this is a true anTcorr t cop of the re66rd of he rot edings cont ' ip? the judgment. 10/25/99 Dat District Jus?ljce My commission expires first Monday of January, 2000 SEAL AOPC 31599 LAW OFFICES NAZYMAN. S2711. 200 NORTH THIRD STREET P. O. BOX 840 HARRISBURG, PENNSYLVANIA 17108-0840 NORTH MIDDLETON TOWNSHIP, Plaintiff' V. IN THE COURTOF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 99-6859CIVIL TERM LEON MORRISON, 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 ajudgment 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 CANNOTAFFORD ONE, GO TO OR TELEPI-IONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1-IEL13: CUMBERLAND COUNTY LEGAL REFERRAL Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 A V I S 0 LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea delenderse de las quejas expuestas en las p6ginas siguientcs, dcbe tomar accion denlro de veinte (20) dial a partir de la fccha en quc recibio la demanda y el aviso. Used dcbe prescntar comparecencia csrita cn persona o por abogado y prescntar en la Corte por escrito sus delensas o sus objeciones a ]as dcmandas cn so contra. Se le avisa quc si no se defiende, el caso puede proceder sin usted y law Corte puede decidir en so contra sin mas avisa o notificaci6n por cualquicr dinero reelamado en In demanda o por cualquicr otra queja o compensacion rcclamados por el Demandante. USTED PUEDE PERDER DINERO. 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LEGAL REFERRAL Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 NAUMAN, SMI.1.1 L SHISSLER AND HALL, LLP by:,// 2-? /C Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 North Third Street P.O. Box 840 Harrisburg, PA 17108 Telephone: 717/236-3010 Counsel for Plaintiff Date: NORTH MIDDLETON TOWNSHIP Plaintiff N1. Leon Morrison, Defendant : IN THE COURT OF COi\IMON PLEAS : CUNIIIERLAND COUNTY : PENNSYLVANIA : NO.: 99-6859 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff. North Middleton Township, through its counsel. Nauman. Smith. Shissler & Hall. LLP and files the within Complaint and avers as follows: Plaintiff North Middleton Township is a municipal corporation with its off ice located at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania. Capital "fax 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 TO\VoShip, Cumberland County, for the purpose of administering its Refuse Collection Ordinance. 2. Defendant, Lcon Morrison, is an adult residing at 251 Clemson Drive, Carlisle, PA 17013. 3. On July 15. 1997. North Middleton Township lawfully enacted Ordinance 97-6 entitled "An Ordinance Regulating The Collection, Storage, Disposal, And Recycling ofsolid Waste and Recyclablcs; Providing For The Authorization and Licensing of Township Collectors ['or Solid Waste and Recyclablcs; 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, for purposes of this action, is the owner of a residence located at I Bellaire Avenue #2, pursuant to North Middleton Township Ordinance 97-6, a copy of which is attached hereto as Exhibit "A", has a duty to pay a fee for the disposal of refuse. Said Ordinance is incorporated hereby reference. COUNT I COLLECTION OF A DEBT 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully restated. 6. Since at least the third quarter of 1997 and continuing thereafter until the present, for purposes of this action, Defendant has been the owner of a residence located at 1 Bellaire Avenue #2, 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 $304.14 in fees for refuse collection under the Ordinances. 10. North Middleton Township, through its agent. Capital Tax Collection Bureau, has made repeated demands for payment, all of which have been ignored. WHEREFORE, North Middleton 'T'ownship demands judgment in its favor and against Sidney Miller, in file amount of 530-1,14. COUNT If - PENALTY AND ATTORNEYS FI'T'S 11. Paragraphs I through 10 are incorporated herein by relerence as Whiff), 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. li. 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 (585.00) per hour. 14. The PlaintifThas incurred and continues to incur attorneys Iccs in the prosecution of this matter. WHEREFORE. North Nliddleton "Township demands judgment in its favor and against Sidney Miller in the amount of 5304.14, together with a penalty of 5200.00, and interest at a rate 3 of 1% per annum since August 2, 1999, the costs of suit and reasonable attorneys fees, which sum does not exceed the arbitration limit. NAUMAN, SMITH, SHISSLCR & HALL, LLP ..- d •? Dennis G. Boyle, Gs uire Supreme Court I.D. No. 49618 200 N. 31 Street, 18°i 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: December 6, 1999 North Middleton Township 12/06/99 310N 12:32 FAX 7172439224 C.T.C.B.CARLISLE 12/06/99 12:34 '45'71 234 1925 NSS&H VER_T 'IC?01V 10 002 -44 C.T.C.B.CARLISLE 16002/002 I, John Stambaugh of die Capital Tax Collection Bureau, make the following statements subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authority, and do hereby state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, Jo St mba Refuse Billing Coordinator Capital Tax Collection Bureau Agent for North Middleton Township Date: I R -(, -q 7 NORTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY. PENNSYLVANIA QO^ ORDINANCE NO. 97-6 AN ORDINANCE REGULATING THE COLLECTIOXf STOR- AGE, DISPOSAL, AND RECYCLING OF SOLID WASTE AND RECYCLABLES, PROVIDING FOR THE AUTHORIZA- TION AND LICENSING OF TOWNSHIP COLLECTORS FOR SOLID WASTE AND RECYCLABLES; PROVIDING FOR PROVISIONS REGULATION BILLING; AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the "Municipal Waste Planning, Recycling and Waste Reduction Act", the Act of July 28, 1988, P.L. 556, as amended (53 P.S. Section 4000.101 et seg.) 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 seg.) ; Act of July 10, 1947, P.S. 1481 (53 P.S. Section 65101, et seg.) 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: 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 EXHIBIT 05/27/99 THU 14:06 F:A.S 7172439224 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 •meta:llic 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. 10 003 05/27/99 TIIU 14:06 FAX 7172439224 C.T. C. B. CARLISLE Glass shall mean the hard, brittle, transparent orsilicates partially transparent substance produced by fuslOn Of silica and or sand containing soda and lime and/or other chemicals and substances usually or conveniently' included in the manufacture of all glass; and shall knoown as glass bottlescortcontainersde This the purpose of is materials commonly y j.ncudes all food and beverage containers made of glass of one gallon or less capacity. Excluded are alue glass, ceramicglass. pottery, and flat glass commonly indow or HDPE - High Density Polyethylene Hazardous waste is any chemical, compound, mixture, sub- stance, or article, which is designated by the united States Environmental Protection Agency appropriate or pursuant to state to be "hazardous" as that term is defined by federal or state law. Industrial Establishments are those facilities that generate residual waste through manufacturing, 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 Townshi,i 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 contained gaseous materials waste, liquid; semi-solid or sidentialmunicipal, result commercial or ing from the operation of re, 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, wamerr cial or institutional water supply treatment treatment plant or air pollution control facilities. Municipality means "North Middleton Township" Newspaper means types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper may include magazines or glossy paper inserts commonly used in advertisements. 10 004 05/27/99 THU 14:07 FAX 7172439224 C.T.C.B.CARLISLE 16 005 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 contai othe productsuordfor h ouseholdnersclfor orrpersonal cared 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 se ices to be performed by contractor as follows: (1) he collection an conveyance of recyclable materials; (2) p 5 of recyclable materials as applicable; and (3) marketing of the recyclable materials. Recycling containers are sturdy plastic containers having a minimum capacity of 20/22 gallons, being of one color as desig- nated-by the municipality and bearing the municipal recycling logo. Refuse is a general term which shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort, and safety of the citizens of North Middleton Township; it shall include ashes, garbage, rubbish, trash, and other refuse materials, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than three (3) inches 4 05/27/99 THU 14:07 F:1S 7172439224 C.T.C.B.CARLISLE 10006 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. 05/27/99 THU 14:08 FAX 7172439224 .,_ C.T.C.D.CARLISLE 10007 ARTICLE II. STORAGE, COLLECTION AND DISPOSAL OF MUNICIPAL WASTE SECTION 1: GENERAL It shall be the duty of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this ordinance, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector; and to insure the sanitary and legal disposal of such waste in accordance with this ordinance and all other applicable Township, State and Federal laws and regula- tions. SECTION 2: STORAGE ON RESIDENTIAL PROPERTY A. All municipal waste accumulated by owners-of residen- tial property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic, or as otherwise designated by Township. Containers for curbside recyclables will be as speci- fied by the Township or as provided through an exclu- sive contract for the collection of recyclables. B. Each municipal waste container and curbside recyclable container shall be placed for collection, no more than Twenty Four (24) hours prior to the designated service day, so as to be accessible to the collector at ground level and at a point immediately behind the curbline of -the street, within no more than ten (10) feet of the cartway of the street or alley from which the collec- tion with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the township and the collector. Failure to place con- tainers at such locations may result in waste not being picked up. The containers are to be removed from the immediate street or road Right-of-Way within a reason- able time limit, until the next scheduled collection day. Location for collection of uncontainerized recyclable material shall be as specified by the Town- ship. SECTION 3: STORAGE ON COMMERCIAL, MULTI-FAMILY. INSTITUTIONAL AND INDUSTRIAL PROPERTIES A. Storage of municipal waste on commercial, institutional 05/27/99 TIIU 14:08 FAX 7172439224 C.T.C.D.C:IRLISLE 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 stoning of such additional quantities. such special arrangements shall be report- ed to the Township on a Solid Waste Management Form available at the municipal office and shall include the number and type of special bulk containers to be fur- nished by the collector as may be approved by the Township. B. Containers for collection at commercial, institutional or industrial properties shall be located on the owner or occupant's premises at a place agreed upon by the owner or occupant of the, commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Township. such locations shall not interfere with public ar private sidewalks, walkways, driveways, roads, streets, high- ways, alleys or entrances and exits of public or pri- vate buildings. SECTION 4: AUTHORIZATION OF COLLECTORS Except as set forth in this ordinance or any exclusive Township contract for the collection of municipal waste and ation recyclables, it shall be ilnlawful for any person 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- 1O 008 U3/41/" 1BU 14:U9 I-AA 7172439224 C.T.C.B.CARU SLt visors. Licensing shall be renewed annually in the month of January, at which time a municipal Solid Waste and Recyclable Tonnage Report for the previous year must be submitted. owners of multi-family (apartment and condominium) buildings with more than four (4) dwelling units each, farms (not utiliz- ing the Township's contracted residential hauler), commercial, institutional and industrial properties shall have the option to contract for. the collection and removal of municipal waste and recyclables with the contractor holding the exclusive contract for collection in the Township or any other hauler or collector properly licensed. by the Township. SECTION 5: APPROVAL OF PLANT OR DISPOSAL AREA The location of the plant or disposal area which the bidder proposes to use in the disposal of refuse shall meet the approval of the Solid Waste Authority of Cumberland County. After the 1991 Cumberland County Municipal Waste, Management Plan is in effect, any such plan or facility must be- one that is approved in the Plan for the disposal of trash generated within the county- The Township reserves the right to make inspections of authorized collectors to insure that, waste generated within the Township is being disposed of in an authorized or designated facility and to limit the use of a designated facility only to waste generated within the Township. Any authorized collector found to be in violation of this Section shall have his license to collect or haul municipal waste in the Township revoked. SECTION 6: UNLAWFUL DISPOSITION OF MUNICIPAL WASTE It shall be unlawful for any person to deposit for collec- tion any solid waste including bulky items not generated at the address from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the. collection service or to avoid the cost of collection except as set forth in ARTICLE II, SECTION a. SECTION 7: BULKY WASTE A. Bulky waste which is not collected by the normal or weekly residential collection or in the annual clean-up shall not be stared outside of a building or accessory building on any -land in the Township, except fora period not exceeding ten (10) days pending the special handling for disposal of the bulky waste. However, brush, tree trimmings, yard clippings, leaves, grass or other waste from live plantings may be stored for longer periods of time if necessary until the next scheduled collection for such items or for the purpose of composting or burning such materials 10009 05/27!99 THU 14:09 FAX 7172439224 C.T.c.n.CARLISLE in.accordance with the Township ordinances, unless such storage violates other ordinances or regulations of the Township.- It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky waste shall be disposed of at a state permitted or licensed disposal facility, a facility especially designated by the Township'to take such bulky items or a legitimate salvage dealer that is in the business of disposing of or recycling such items. B. North Middleton Township will conduct, through the municipal contract hauler, an annual Clean-Up for residential properties during a month to be determined by the Board of Supervisors for each year of the contract and any extensions thereof. Each regularly scheduled collection day route shall be assigned one Saturday of the month chosen to place properly prepared municipal solid waste bulky items (i.e. appliances, furniture, and other similar items) excluding municipal solid waste col- lected under the regular service, and household hazardous waste, curbside for annual clean-up collection. SECTION 8: EXCLUSIONS A. Nothing contained herein shall 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- IQ 010 05/27/99 T11U 14:10 FAX 7172439224 C.T.C.B.CAKLAbLC tract hauler thereby allowing them to negotiate directly 's contra ct hauler with respect to charges ing with the Township for. their residential waste and recycl service. apply to any- The provisions of this ordinance do not d thing but the storage, collection, transportation an B. disposal of municipal waste and do not apply therefore to hazardous or residual waste ementeActeand itseamend- Pennsylvania Solid Waste Manag IMU ments. All hazardous or residual was eeState and is- posed of in compliance wapp Federal laws and regulations. SECTION 9: If the Township decides to enter into for the collection of municipal wasteeanda and conditions of said contract? the owns relating thereto, shall apply person occupying a dwelling unit, premises within the Township where municipal waste accumulated. an exclusive contract recyclables, documents s the bidding do every r of property a do or place of business is generated and The Board of Supervisors shall, upon written request and supporting documentation, evaluate any and all circumstances to re and/or the possible granting of determine appropriate complian some form of relief. ARTIC 7II, RECYCLABLE MATERIALS 10 011 SECTION 1: GENERAL for the purpose of materials recovery Recyc1ables separated the Township or its desig-. rather than disposal and collected by shall not be considered nated agent or contractor .. this ordinance and shall not solid waste t as defined under this Ordinance which requires the disposal of waste at designated facilities. pROGRAM ESTABLISHED SECTION 2: RECYCLING establishes a program for the mandatory The Township hereby ersons separation of recyclables from municipal waste by establishments, residing in single-family dwellings, multstrially and by commercial, institutional and industrial establishments. 10 05/27/'99 THU 14:10 Fd1 717: 439224 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 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 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 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. 10 012 11 05/27/99 THU 14:11 F:1S 7172439224 C.T.C.B.C:IRLISLE 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: MANNER 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 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. 10013 12 05/27!99 TIN 14:11 RAX 71724.39224 C. T.C.6.CdRL[SLF. ARTICLE IV. FEES SECTION 1: GENERAL It shall be the duty and responsibility of every owner of property, leased dwelling unit, premises or place of business within the Township where municipal waste is produced and is accumulated, to pay a service fee for the collection and dis- posal of this waste, except as otherwise provided by this ordinance, to a licensed hauler, exclusive contractor, duly authorized.and designated collection agency, or to the Township. eT17BT-!rugs-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 recuirements 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 (100•) 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 (120) percent per month until paid. All delinquent accounts are subject to stoppage of service ...?TA 10014 13 05/27/99 TIIU 14:12 FAT 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,.deliaquent period. Srppage"4"f"""service O'ail:Vpt..relieve the owner or other resident of the dbligatioh to pay.the f.aes 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/loo ($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. L0015 14 05/27/99 T11U 14:12 FAX 7172439224 C.T.C.6.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 sane expressly are repealed. 10 016 is 05/27/99 THLI 14:13 FAX 7172439224 C.T.C.B.CARLISLE 10017 ENACTED AND ORDAINED this ATTEST: day of 1997. NORTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS 16 U5/z'1'u9 1•IIU 14:13 PAX 71724392•'.1 C.'f.C. B. CARLISLE CERTIFICATE I, the undersigned, Secretary of the Township of North Middleton, Cumberland County, Pennsylyania (the "Township"), certify that: the foregoing is a true and correct copy of an ordinance of the Board of Supervisors of the Township (the "Board"), which duly was enacted by affirmative vote of a majority of the members of the Board at a meeting held on 1997; said ordinance duly has been recorded in the ordinance Book of the Township; said ordinance duly has been published as required by law; and said Ordinance remains in *effect, unaltered and unamended; as of the date of this certificate. IN WITNESS WHEREOF, I set my hand and affix the offi- cial seal of the Township, this /S day of 1997. . M 4, M g 4 Z?-? Sec et o 19 018 (,SEAL) CERTIFICATE, Or SERVICE. AND NOW, on this 6th day of December, 1999, 1, Dennis C. Boyle, Esquire, ol'the firm of Nauman, Stnith, Shissler & [-Tall, LLP hereby certify that I this day served the foregoing Complaint by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Leon Morrison P.O. Box 745 251 Clemson Drive Carlisle, PA 17013 NAUINIAN, SMITH, SHISSLGR & HALL, LLP Z Dennis E. Boyle, f squire Supreme Court I.D. No. 49618 200 N. 3`d Street. 18"' Floor P. O. Box 840 1-larrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital'1'ax Collection Bureau and Dated: December 6, 1999 North Middleton Township ? ?, " ;- __ ... ;. .? ,? - " ? ?. . , ,. .; I i I ?.:. ;_> I'I ?? '! i