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Home My WebLink About99-06861¦ It 0 h 1 L v ?•I ?I 0 V 1 I I i ?i bb • O' i i NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na CJA^ / G? / LC?? O NOTICE OF APPEAL X77 U 6 ?f Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. Leon Morrison 09-2-01 APPfUANT UIY 51ME EP Cam ADDRESS 251 Clemson Drive Carlisle, PA 17013 1E AIDOs NT "CAM OP l? "" reofm wp 10-25-99 Capital Tax Collection Bureau ,h Leon Morrison YGNAn1RE Of APPEILA T R NLS ATTORNEY OR AGENT CV 19 99-446 (\? LT 19 !Y?-6ivs? /// ..ly2Gl'LfYtz This block will be signed ONLY when this notation is required under Pa R.C.P.J.P. Na 10086 This Notice of Appeal, when received by the District Justice, will operate as o SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy If apphIlant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) inaction before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after 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 upon (Common Pleas No. 99- &g7lo / appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule uffe ntry of judgment of non pros prtve of a(pCl ( lus , RULE: To Capital Tax Collection Bureau oppellee(s). Mvne of appe0ec(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 servke 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 n Date: ?Jl. /a .19W. X/yt/ i SgsRrue of ADUqXervy or aeprrtY AOPC312'M COURT FILE TO BE FILED WITH PROTHONOTARY n O°i i= C qi ri M I n, ,: "loll luetile le ornreuGig SIHI -.,. d???'3;3 03 ?lii;r l:7i 15 G!i';• !r]gy ;i!Id,I V% NtlOM5 r r (pJ?als, 6:u) lo=,yiuaai .iq - - v . ;par"-r -1 Sr GGn :•;o?i a41 woyre of lS)aalladdCa.ll uodr ,ea;!dy (G J. '. r„ .. nqt '.. 5u l;r ^r ., ?.?.. ?. „?-r?..^J ^.,ly ? :;, r. Fl '!;loo r.?S I lcyl rtnllrnl puc 'olaray POyoelle Jdlas,, O,npua, 'Incur (Dn,J15;oJ,j (P.) 111j 3i 4q aw,r,s It ur..;r.;d 5r; ? -___til __ u0 SiapuaS pall (PaI1151fi01) (pai;u:aa) or (JbrnleC pc a,rpl uo uWmlu r, uwuf5-V nunf, c'Irsq - rjl untie "N sr,n,r uou:?:o?'pin;!d?+ (c aJUON J!Il io F.?oo a Ci Pan:.;;; ;[•ui w.yir; rc ira:ns,'.y;,ar(1 aIAV0122V s:: - ---JO AINnoo VINVA-14SNN3d d0 HlIV3A fJOWPJ00 (SOZOq olgc?grld!' N??!i;7 'I"':4'c ;G J?r;au r i; 9ygU }'?l y r `P!! ;NI 'JIh(1 Y;, 0311-I i 1S(MJ ]9' SOS ;j J ?;:::r411 .LNIV1dW00 3112 Ol 3-m8 ONV 1V3ddV 2O 3000N 20 301AU36 20 dOOHd 1 COMINONWEALTH OF PENNSYLVANIA r'.r)I INTV r)C• CUMBERT.ANIn Ma, 09-2-01 O J Name. Hon. PAULA P. CORREAL A"aS:EAST WING, - COURTHOUSE!' 1 COURTHOUSE SQUARE CARLISLE, PA teiaonane:(717) 240-6564 17013-0000 PAULA P. CORREAL EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 THIS IS TO NOTIFY YOU THAT: Judgment: FRI Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME,w ADORESS rCAPITAL TAX COLLECTION BUREAU 19 S.HANOVER ST. SUITE 102 LCARLISLE, PA 17013 J VS. DEFENDANT: NAME aoa ADO RESS rM - ORRISON, LEON 1 251 CLEMSON DR. P.O.BOX 745 LCARLISLE, PA 17013 J Docke[No.: CV-0000446-9 9 Date Filed: 8/31/99 { 9 P FOR PT ATNTTFF (Name) CAPITAL 'PAX COLLECTION RI RFATT ?X Judgment was entered against: (Name) MORRISON T.FON in the amount of $ SSA I;a on: 7 Defendants are jointly and severally liable. (Date of Judgment) 10 /2S/a9 (Date & Time) Damages will be assess?(i on: .Pay2b:e^ru_J stricc..... This case dismissed without prej?bice. " Amount of Judgment Subject to Attachment/Act 5 of 1996 S Levy is stayed for days or El generally stayed. ? 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE'OF JUDGMENTTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. i 10/23/99 Date District Justice I certify that this is a true and correct copy of the record of the proceedings containing'the judgment. 10/25/99 Date District Justice My commission expires first Monday of January. AOPC 315.99 2000 SEPL - .. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs 5 Certified Judgment Total V.-Jl ,s AONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS N. NOTICE OF APPEAL Notice is given that the appellant has R1ed 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 Leon Morris'.. Axo" OF UAW 251 Cler,o.. 09-2-01 SIAH PA 17013 Iaeror,dewl Carlisle, N TIE CASE (:r nnav,ml 10-25-:=> Capital Tax GJllectiuu Bureau Aw?- CY 19 99-466 ti ?? LT 19 This mock will be signed ONLY when this oration is required under Pa R.C.P.J.P. No If appellant was CLAIMANT (See Pa. R.C.P.J.P. No. 10081L 1001(6) in action before District Justice, he MUST Thss Notice of Appeal, when received by the District Justice, will operate as o !WPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Of R7kE41pE Tb?E TER RULE TO FILE COMPLAINT ANV KULL'iU rILC (This section of form to be used ONLY when appellannYwas 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 4 Capital Tax Collection Bureau , appellee(s), to file a complaint in this appeal Enter rule upon Nano a apperkMsl yY- l<frG l (Common Pleas Na -CY 0000446-99- ) within twenty (20) days after service of rule-6r suffer'entry of judgment of non pros ){ i ?1 (/ I n ? i-A s'gatwe or appewl or ha attorney a'speru RULE: To Capital Ta;c Collection Bureau appellee(s). Name Of appclke 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 mail - (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3i The date of service of this ruled service was by mail is,the date of mailing. / Date: / / • , 19_. _. S WM a flomonorery a Do" I AOPCal:.er 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 the notice of appeal. Che: applicable.boxes) COMMONWEAL OF PENNSYLVANIA COUNTY OF_L mbacrLa1J '$s AFFIDAVIT: I hereby swear or affirm that I served O `2; copy of the Notice of Appeal, Commo Pleas No. upon the District Justice designated therein on T, " . --- ' (data of service) by personal service El by (certified) (r Isteredl mail, sender's receipt attached hereto, andJ?non the appellee. !name)/??r'? t`-Cl < < f - on 19_K Xby personal service ? by (certified) (registered) mail, sender's receipt attached hereto. -and further lhatlserved the Rule to Filea Comp lain t accompanyina the above Notice of Appeal upon the appel lee(s)to whom \ r , 7g_ c7-7 I ', by personal service O by (certified) (registered) the Rule was addressed on _f?l k mail, sender's receipt attached hereto. I) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME •?',( ??1 ,'/r /?,/\ ? C( /? THIS __?/ DAY OFY_Q?e//??'?I.. 19-9?1 IIIJJJ \ 111///(? Signature of afGan`r' \ S,gndluro o? .boat oclaro'n00m aerdavir Tit!n of o!fsin! My commission expires on to-_• Notarial Soal iit, tr et Cynth Da, b ef a. 420 0 Mlddlelon T CV, "es AU9 South 0 MY Commis!ion 0 P' V' C] C: ?O n ? ern ?? Ut M r -G CAPITAL TAN COLLECTION BUREAU : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LEON MORRISON Defendant CIVIL TERM 99- 6861 ACCEPTANCE OF SERVICE I 30?• , 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 -I S''')5 U A? c I n- _ rt. CJ f'- LAW OFFICES 5_QnT33. ?anarsc?ya.nsn: & 9If.sJ.Q. 200 NORTH THIRD STREET ' P O. Box 840 HARRISBURG, PENNSYLVANIA 17108.0840 NORTH MIDDLETON TOWNSHIP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99-6861CIVIL 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 wanted 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 TELEPI-IONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LEGAL REFERRAL Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 AVISO LISTED I IA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse do las quejas expuestas en las paginas siguientes, debc tomar action dentro do veinte (20) dias a partir do la fccha en quc recibio la dcmanda y el aviso. Used debc presentar comparecencia csrita en persona o por abogado y presentar en la Corte per escrito sus delcnsas o sus objccioncs a las dcmandas en su contra. Se le avisa quc si no se defiende, el caso Pucde proceder sin usted y law Corte puedc decidir en su contra sin mas aviso o notification por cualquier dincro reclamado en la dcmanda o per cualquier otra queja o compensation reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECI IOS IMPORTANfES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O 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. smrrH, SI IISSLER AND HALL, LLP by: Oh ' Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 North Third Street P.O. Box 840 Ilarrisburg, PA 17108 Telephone: 717/236-3010 Counsel for Plaintiff Date: NORTH NllI)DLE l-ON TOWNSHIP Plaintiff Leon Morrison, Defendant IN THE COURT OF COMMON PLEAS CUNIBERLAND COUNTY PENNSYLVANIA : NO.: 99-6861 CIVILTERM CIVIL ACTION - LAW COi (PLAINT AND NOW comes the Plaintiff. North Middleton Township, through its counsel. Nauman, Smith, Shissler & I fall, and files the within Complaint anti avers as follows: Plaintifi;North Middleton Township is a municipal corporation with itsoliice 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. I lanover 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. Leon Morrison. is an adult resitting at 251 Clemson Drive. Carlisle, PA 17013. 3. On ,luly 15. 1997. North Middleton Township lawfully enacted Ordinance 97-6 entitled "An Ordinance Regulating The Collection, Storage, Disposal, And Recycling of solid Waste and Rccyclables; Providing For The Authorization and Licensing of "Township Collectors for Solid Waste and Rccyclables: 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. °W" 4. Defendant, for purposes of this action, is the owner of a residence located at 1 Bellaire Avenue 94, 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 1 - COLLECTION OF A DEIST 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 #4, 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 'Fax Collection Bureau, has made repeated demands for payment, all of which have been ignored. 1) WHEREFORE North Middleton Township demands judgment in its favor and against Sidney Miller, in the amount of S304.14. COl1N,r 11 - PIZNAIAN AND ATTORNEYS FEES I ). Paragraphs I through 10 are incorporated herein by retcrence as if filly restated. 12. The Ordinance further provides that Defendant shall pay a civil penalty in the amount often 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 Ices 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, Nora, Middleton 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 sunl does not exceed the arbitration limit. NAUMAN, SMITI1, SIIISSI.h;R .l'• Ilr\I,1. /.? e , L_ Dennis E. Boyle, (,quire Supreme Court I.D. No. •19618 200 N. 31" Street. I811' Floor P. O. Box 840 1larrisburg PA 17108-08,10 Telephone: (717) 236-3010 Facsimile: (717)334-1925 Counsel For: Capital Tax Collection Bu eau and Dated: December 6. 1999 North ?liddlcUm'I'a??nship .rte..--_. ,. ....... __.-. 1z/UOI" HUA L::J2 r.U t172439'LY4 C.1'.C.B.CARLISLE 12/06/99 12:34 '&717 234 1925 NSS&li -..-. C.T.C.B.CARLISLE 10002 Q 002/002 1, john Stambaugh of the Capital Tax Collection Bureau, make the following statements subject to the penalties of 18 Pa.C.S. § 4904, relating to unsv Orn falsifications to authority, and do hereby state that the facts set forth in the foregoing Complaint are taste and correct to the best of my knowledge, information and belief, John Stambaugh Refuse Billing Coordinator Capital Tex Collection Bureau Agent for North Middleton Township Date: NORTH 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. WHEREAS, the "Municipal Waste Planning, Recycling and Waste Reduction Act", the Act of July 28, 1988, P.L. 556, as amended (53 P.S. Section 4000.101 et seq.) provides that North Middleton Township shall have the duty and power to adopt and implement programs for the collection and recycling of municipal solid waste and recyclables and to provide regulations for the billing therefore; and WHEREAS, the Board of Supervisors of North Middleton Town- ship feels that it is in the best intorent of the Township and its residents to become actively involved in recycling and the conservation of recyclable materials; and SEAS, 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. G9, 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 et seq.) ; it is therefore enacted and ordained by the Board of Supervisors of North Middleton Township, Cumberland County, Pennsylvania, as follows:, ARTICLE I. GENERAL SECTION 1: SNORT TT.TLF This ordinance shall be known and may be cited as the "NORTH MIDDLETON TOWNSHIP SOLID WASTE. AND RECYCLING ORDINANCE OF 1997". SECTION 2: DF.FTN1;{' Lq The following words and terms when used in this ordinance EXHIBIT 05/27/99 THU 14:06 F..tY 7172459224 shall have, unless the context meanings given to them in this C.T.C.B.C.ARLISLE clearly indicates otherwise, the. Section: 10003 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 cel- description excludes aluminum foil, trays, Pl laneous.aluminum products. Apartment Building is a building used for resideRexcept purposes with more than four (4) dwelling units 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), residential services hotels, through mthe otels and farms not utilizing. - 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 fired cooking facilities arranged for occupancy by one or more persons living together, or one family. Dwelling unit shall also be deemed to mean unit as set. forth in these documents. Garbage is all table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof, and all other articles and materials ordinarily used for food which have become unfit for such use.or which are for any reason discarded. 2 05/27/99 THU 14:06 Fa.1 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 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. 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 or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal or state law. Industrial Establishments are those facilities that generate residual waste through manufacturing, warehousing or mining operations. Institutional Establishments are those facilities that house or serve groups of people. for a common purpose, such as hospitals, schools and nursing homes. Leaf Waste is leaves, garden residues, shrubbery, and tree trimmings, and similar material, not including grass clippings. Municipal Establishments means public facilities operated by the Township and any other governmental and quasi-governmental authorities. Municipal Waste is any garbage, refuse, industrial lunch- room, or office waste and any other material including solid waste, liquid; semi-solid or contained gaseous materials result- ing from the operation of residential, municipal, commercial or institutional establishments and from. community. activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commer- cial or institutional water supply treatment plant, waste water treatment plant or air pollution control facilities. Municipality means "North Middleton Township". Newspaper means types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper may include magazines or glossy paper inserts commonly used in advertisements. 10004 05/27/99 THU 14:07 FAX 7172439224 C.T.C.B.CARLISLE PET - Polyethylene terephthalate used to make plastic soda bottles. . Person is every natural person, firm, corporation, partner- ship, association, or institution. Plastic Bottles are empty and clean consumer prpolyro olene tainers made of poly -Ethylene Terephthalate (PET), P P (pp), High Density Polyethylene (HDPE) and Low Density Poly Plastic ethylene (LDPE) most commonly, but not limited to, bottles used as containers for soda,milk nor forrpersona].rcared products or for household cleaning products products. Processing Center is any facility maintained he purpose of storing, preparing, and/or consolidating. recyclable material (as defined herein) for sale. public Awareness program is the program developed and provided by contractor or municipality to informeand encourage residents to use the recycling colon . 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 Recyclable Haterials incudered and cleardglass, newspaper, aluminum cans, plastic bottles, corrugated steel and bimetallic cans, and such other materials as the parties may agree in writing. 10005 Recycling collection services are those services to be performed by contractor as follows: (1) collection the ssing of recyclable conveyance of recyclable materials; (2) marketing the recyclable materials as applicable; and (3) 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 ownerstheir producers thereof as offensive or useless, or which the health, presence or accumulation may injuriously affect comfort, and safety of the citizens of North Mid and eton Township, it shall include ashes, garbage, rubbish, trash, 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 05/27/99 THU 14:07 FAQ 7172439224 C.T.C.B.CARLISLE 10 006 in diameter; hazardous wastes; and recyclable items as defined herein- from Refuse collection services are those services refuse _ formed by contractor as follows. (1) locations; (2) transportation of refuse in trucks; and (3) is disposal of refuse at a facility licensed by 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 water agricultural operations and any treatment fac lit y, waste1 mining or agricultural water supply provided it treatment facility or air pollution control facility, p 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 licensee, transportation Township, Township collector or Township 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 16007 bRT.IcLE 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 res1den- 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 THU 14:08 RAX 7172439224 C. T.C.B.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 storing of such additional quantities. such special arrangements shall be report- ed to the Township on a Solid Waste Management Form available at the municipal office and shall include the number and type of special bulk containers to be fur- nished by the collector as may be approved by the Township. B. Containers for collection at commercial, institutional or industrial properties shall be located on the owner or occupant's premises at a place agreed upon by the owner or occupant of the. commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Township, such locations shall not interfere with public ar private ' sidewalks, walkways, driveways, roads, streets, high- ways, alleys or entrances and exits of public or pri- vate buildings. SECTION 4: AUTHORIZATION OF COLLECTORS Except as set forth in this ordinance or any exclusive Township contract for the collection of municipal waste and recyclables, it shall be 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- 10008 Uoi aii na 1HU 14:U9 k.AA 7172439224 C.T.C.B.CBRLISLE 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 co contractllector for collection in the Township any. other 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 b;- 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 shallot be in stared outside of a building or accessory building a any -land 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 10 009 05/27!99 THU 14:09 FAX 7172439224 C.T.C.B.CARLISLE 10010 violates in'accordance with the Township ordinances, unless such storage 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 furniture, municipal solid waste bulky items (i.e. appliances, and other similar items) excluding municipal solid waste col- lected under the regular service, and household hazardous waste, curbside for annual clean-up collection. SECTION 8: EXCLUSIONS A. Nothing contained herein shall beideemed businesh oft any person not regularly engage 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 7172439224 C.T.C.B.CARLISLE 10011 tract hauler thereby allowing them to negotiate directly with the Township's contract- hauler with respect to charges .for their residential waste and recycling service. E. The provisions of this ordinance do not apply to any- thing but the storage, collection, transportation and disposal of municipal waste and do not apply therefore to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amend- ments. All hazardous or residual waste must be dis- posed of in compliance with applicable State and Federal laws and regulations. SECTION 9: INCORPORATION OF BIDDING DOCUMENTS AND CONTRACT If the Township decides to enter into an exclusive contract for the collection of municipal waste and recyclables, the terms and conditions of said contract, as well as the bidding documents relating thereto, shall apply to the owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated. The Board of Supervisors shall, upon written request and supporting documentation, evaluate any and all circumstances to determine appropriate compliance and/or the possible granting of some form of relief. ARTICLE III. RECYCLABLE MATERIALS SECTION 1: GENERAL Recyclables separated for the purpose of materials recovery rather than disposal and collected by the Township or its desig-. nated agent or contractor (collector) shall not be considered solid waste as defined under this ordinance and shall not be subject to the provisions of this ordinance which requires the disposal of waste at designated facilities. SECTION 2: 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.C:IRLISLE A. B. SECTION 3: ITEMS TO BE RECYCLED 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. 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 HSP BY TOWNS 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 elables, shall file with the Township and have approved by the Township individual recycling programs which provide for, at a minimum, the recycling of items as set forth in this Article. SECTION 5: ESTABLISHMENT OF RULES AND REGULATIONS Township shall establish and promulgate rules and regula- tions on the manner, days and time of collection of recyclable materials, and for the bundling, handling, location and time of placement of such materials for 'collection. Rules and regula- tions shall be promulgated for each of the programs undertaken, including but not limited to the residential, multi-family and commercial sources of recyclable materials. SECTION 6:. Recyclable materials shall be placed at the curb or other designated area in separate containers and separated from solid waste, all for collection at such times, dates and manner and places as may be established or authorized by the Township- 10012 11 05/27/99 THU 14:11 FAX 7172439224 C.T. C. B. CARLISLE 10013 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 RECYCLA13LES 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 AWAREITESS 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 10014 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. 2a-L7BI.1-dings'°for.. charges under this Ordinance-shall tie prepared in the.pame.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: 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 (10a) 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 10015 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. Stbpp:3t e"`o'f`serbice s4al•1'riot,releve the owner or other resident of the dbligatich to pay the fees set for in this ordinance. ARTICLE V. PENALTIES FOR VIOLATION SECTION 1: PENALTIES Any person, including the exclusive contractor and any other collectors operating within the Township, who shall violate any provision of this ordinance shall be liable, upon conviction for 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. 14 05/27P99 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 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 7172439224 C.T.C.B.CARLISLE 1017 ENACTED AND ORDAINED this day of 1997. ATTEST: _D/ a2 NORTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS 16 05/Y7/^J9 THU 14:13 FAX 717M92Y4 C.T.C.B.CARLISLE 18 018 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 WHEREOF, I set my hand and AAaffix the offi- cial seal of the Township, this /S day of?JrtN 19 9 7 . Sec et ry (SEAL) CERTIFICATE OF SERVICE AND NOW, on this 6th day of December, 1999, 1, Dennis G. Boyle, Esquire, of the ltrnt of Nauman, Smith, Shissler & Mall, LLP hereby certify that I this day served the foregoing Complaint by depositing the same in the United States mail, postage prepaid, in Ilarrisburg, Pennsylvania, addressed to: Leon Morrison P.O. Box 745 251 Clemson Drive Carlisle, PA 17013 NAUMAN, SMITH, SHISSLER & HALL, LLP Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 200 N. 3" Street. 18th Floor P. O. Box 840 I-larrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Capital'rax Collection Bureau and Dated: December 6, 1999 North Middleton Township - ?. ,. ; : :.; ?-- - . ?.> . ; ,. ;:.. _, - .. , ?.?