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HomeMy WebLinkAbout07-6869.r 4. MONROE TOWNSHIP, Plaintiff VS. GARY C. WESNER, indiviually, and GCW PROPERTIES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. NOTICE 2007- 'of You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 I? 1 By: By: J S 4 D. BOGAR SQUIRE JENNIFER B. HIPP, ESQUIRE Attorney ID No 1 475 Atto ey ID No. 86556 Law Offices of James D. Bogar 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Solicitors for Monroe Township f 4 MONROE TOWNSHIP, Plaintiff VS. GARY C. WESNER, individually, and GCW PROPERTIES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2007- COMPLAINT Monroe Township, Plaintiff, by and through its solicitors, James D. Bogar, Esquire and Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Monroe Township, a municipal township of the second class constituted and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 1220 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant herein is Gary C. Wesner, an adult individual, residing at 3065 Brookfield Drive, York, Pennsylvania, 17404. 3. Defendant herein is GCW Properties, Inc., a I It Pennsylvania corporation, having a principal office and a mailing address of 3065 Brookfield Drive, York, Pennsylvania 17404. 4. Plaintiff in the exercise of its municipal powers and authority is required to review and take action, by way of approval or disapproval, of preliminary subdivision plans submitted with respect to real property being located in Monroe Township. 5. In furtherance of its municipal powers, authority, and obligations with respect to the review and action being taken concerning preliminary subdivision plans that are submitted, Monroe Township has enacted the Monroe Township Subdivision and Land Development Ordinance of 1998, as amended, and along therewith has enacted Resolution Nos. 2006-02 and 2007-02, copies of said Resolutions being attached hereto, marked Exhibits "A" and "B" respectfully and incorporated herein. 6. On or about September 15, 2006, Defendants submitted a preliminary subdivision land development plan being titled "White Rock Acres" (hereinafter, the "Plan"). 7. In accordance with Monroe Township Subdivision and Land Development Ordinance of 1998, as amended, and Monroe Township Resolution No. 2006-02, Defendants deposited with Plaintiff the sum of $750.00, said deposit being made on or about September 15, 2006. 8. Said deposit was used on account of professional 2 f 1 engineering services to be provided by the Township Engineer for review of the Plan. 9. In accordance with its obligations as set forth in the Second Class Township Code, 53 P.S. § 65101 et. seq., and the Pennsylvania Municipalities Planning Code, 53 P.S. § 101 et. seq., Plaintiff commenced its review of the Plan as submitted by Defendants on or about September 16, 2006. 10. Plaintiff utilized the services of the Township Engineer, Remington, Vernick & Beach Engineers, Inc., to determine if the Plan complied with the provisions of the Monroe Township Subdivision and Land Development ordinance, as well as all applicable provisions of other ordinances of Monroe Township and the Pennsylvania Municipalities Planning Code. 11. The Township Engineer, at the request of Plaintiff, pursuant to the discharge by Plaintiff of its obligations.to review the Plan, reviewed said Plan, met with Defendants and Defendants' engineers and representatives, and submitted the required and appropriate review comments to Defendants and Plaintiff. 12. The Township Engineer submitted invoices for services rendered with respect to the review of Defendants' Plan, said invoices being in the total amount of $7,433.32, a copy of said invoices are attached hereto, collectively marked Exhibit "C" and 3 r 1 incorporated herein. 13. After application of Defendants' deposit in the amount of $750.00, the outstanding balance due and owing on account of professional services rendered by the Township Engineer is $6,687.96. 14. Plaintiff is obligated to pay its Township Engineer for professional services rendered with respect to the review of the Plan. 15. Despite Plaintiff's repeated demands, Defendants have failed and refused to bring-current and pay in full the amount billed as set forth in the three (3) billing statements forwarded to Plaintiff by the Township Engineer (see Exhibit "C"), for a total amount due and owing of $6,687.96, said billing statements and requests for payment being timely made by Monroe Township to Defendants, all as set forth in the billing notices and correspondence related thereto, same collectively being marked Exhibit "D" and incorporated herein. 16. Payment of all amounts are due to be made from Defendant to Plaintiff at 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania 17055. 17. The invoices of the Township Engineer as submitted to the Plaintiff and, in turn, to Defendants, represent the reasonable and necessary charges for services provided by the Township Engineer to Plaintiff on account of and for the benefit 4 f 1 for Defendants. 18. Plaintiff is obligated to pay the Township Engineer for professional services rendered on account of review of the Plan. 19. At a public meeting held on June 14, 2007, the Monroe Township Board Supervisors (hereinafter, the "Board"), unanimously voted to disapprove Defendants' Plan. 20. Plaintiff provided Defendants with proper notice of the disapproval, said notice being attached hereto marked Exhibit "E" and incorporated herein. 21. Defendants did not file an Appeal from the disapproval of its plan by the Board. 22. Defendants did not, at any time, contest the amount or the appropriateness of the invoices submitted by the Township Engineer, all in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 101 et. seq., and Monroe Township Subdivision and Land Development Ordinance of 1998 as amended. 23. Defendants benefitted from the review the Plan. 24. Defendants have the ability to resubmit a Preliminary Subdivision Plan, or other plan, having the benefit of and utilizing the review comments as provided by Plaintiff's Township Engineer. 25. As a result of Defendants' improper refusal to pay, in full, the invoices for professional services rendered as set forth in Exhibit "C" and "D", Plaintiff has been forced to 5 ! 3 utilize the services of its solicitors, which services are continuing and ongoing, to be made whole in this matter. COUNT NO. 1 - BREACH OF CONTRACT MONROE TOWNSHIP VS. GARY C. WESNER, INDIVIDUALLY 26. The averments of Paragraphs 1 through 25 hereinabove are incorporated herein by reference thereto. 27. By virtue of the provisions of Monroe Township Subdivision and Land Development Ordinance of 1998 as amended, and Resolution Nos. 2006-02 and 2007-02, and Defendant's submittal of the Plan, a contract existed between Plaintiff and Defendant, Gary C. Wesner, individually, whereby Defendant requested and Plaintiff agreed to undertake a review of the Plan to ensure its compliance with mandates of the Pennsylvania Municipalities Planning Code, 53 P.S. § 101 et. seq., and the subdivision and land development ordinances and other applicable ordinances of Monroe Township. 28. The Defendant agreed to pay, in full, the reasonable and necessary costs for services rendered and provided for with respect to the review of its Plan, for which there is an outstanding balance in the amount of $6,687.96 (see Exhibits "C" and "D"). 29. To-date, Defendant, despite Plaintiff's proper and repeated requests and demands, has not brought his account 6 r w current. WHEREFORE, Plaintiff demands judgment against Defendant, Gary C. Wesner, individually, in the amount of $6,687.96 plus interest, together with the costs of this action, attorney's fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT MONROE TOWNSHIP VS. GARY C. WESNER, INDIVIDUALLY 30. The averments of Paragraph 1 through and including 29 hereinabove are incorporated herein by referenced thereto. 31. Pursuant to the request made by Defendant, Gary C. Wesner, individually, Plaintiff through its Township Engineer, provided services to Defendant. 32. The reasonable and necessary charges for said services and goods provided as requested by Defendant is in the total amount of $6,687.96 which is due and owing. 33. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought his account current. 34. By reason of Defendant's request for review of his Plan, Defendant impliedly agreed to pay the reasonable and necessary review fees of the Township Engineer for same. WHEREFORE, Plaintiff demands judgment against Defendant, Gary C. Wesner, individually, in the amount of $6,687.96, plus interest, together with the cost of this action, attorney's fees 7 ! I and any other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT MONROE TOWNSHIP VS. GARY C. WESNER, INDIVIDUALLY 35. The averments of Paragraphs 1 through and including 34 hereinabove are incorporated herein by reference thereto. 36. Defendant, Gary C. Wesner, individually, obtained services from the Township Engineer, to wit, a review of his Plan, all as set forth herein. 37. Defendant benefitted from the review of his Plan. 38. Defendant has the ability to resubmit a Preliminary Subdivision Plan, or other plan, having the benefit of and utilizing the review comments as provided by Plaintiff's Township Engineer. 39. As a direct and proximate result of Defendant's refusal to pay the reasonable value of the services provided by the Township Engineer for the Plaintiff, Defendant has been unjustly enriched in the amount of $6,687.96. WHEREFORE, Plaintiff demands judgment against Defendant, Gary C. Wesner, individually, in the amount of $6,687.96, plus interest, together with the costs of this action, attorney's fees and any other relief deemed just and appropriate. 8 COUNT NO. 4 - BREACH OF CONTRACT MONROE TOWNSHIP VS. GCW PROPERTIES, INC. 40. The averments of Paragraphs 1 through 39 hereinabove are incorporated herein by reference thereto. 41. By virtue of the provisions of Monroe Township Subdivision and Land Development Ordinance of 1998 as amended, and Resolution Nos. 2006-02 and 2007-02, and Defendant's submittal of the Plan, a contract existed between Plaintiff and Defendant, GCW Properties, Inc., whereby Defendant requested and Plaintiff agreed to undertake a review of the Plan to ensure its compliance with mandates of the Pennsylvania Municipalities Planning Code, 53 P.S. § 101 et. seq., and the subdivision and land development ordinances and other applicable ordinances of Monroe Township. 42. The Defendant agreed to pay, in full, the reasonable and necessary costs for services rendered and provided for with respect to the review of its Plan, for which there is an outstanding balance in the amount of $6,687.96 (see Exhibits "C" and "D"). 43. To-date, Defendant, despite Plaintiff's proper and repeated requests and demands, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, GCW Properties, Inc., in the amount of $6,687.96 plus interest, 9 f together with the costs of this action, attorney's fees and any and all other relief deemed just and appropriate. COUNT NO. 5 - QUANTUM MERUIT/IMPLIED CONTRACT MONROE TOWNSHIP VS. GCW PROPERTIES, INC. 44. The averments of Paragraph 1 through and including 43 hereinabove are incorporated herein by referenced thereto. 45. Pursuant to the request made by Defendant, GCW Properties, Inc., Plaintiff through its Township Engineer, provided services to Defendant. 46. The reasonable and necessary charges for said services and goods provided as requested by Defendant is in the total amount of $6,687.96 which is due and owing. 47. To-date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. 48. By reason of Defendant's request for review of its Plan, Defendant impliedly agreed to pay the reasonable and necessary review fees of the Township Engineer for same. WHEREFORE, Plaintiff demands judgment against Defendant, GCW Properties, Inc., in the amount of $6,687.96, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. 10 COUNT NO. 6 - UNJUST ENRICHMENT MONROE TOWNSHIP VS. GCW PROPERTIES, INC. 49. The averments of Paragraphs 1 through and including 48 hereinabove are incorporated herein by reference thereto. 50. Defendant, GCW Properties, Inc., obtained services from the Township Engineer, to wit, a review of its Plan, all as set forth herein. 51. Defendant benefitted from the review of its Plan. 52. Defendant has the ability to resubmit a Preliminary Subdivision Plan, or other plan, having the benefit of and utilizing the review comments as provided by Plaintiff's Township Engineer. 53. As a direct and proximate result of Defendant's refusal to pay the reasonable value of the services provided by the Township Engineer for the Plaintiff, Defendant has been unjustly enriched in the amount of $6,687.96. 11 WHEREFORE, Plaintiff demands judgment against Defendant, GCW Properties, Inc., in the amount of $6,687.96, plus interest, together with the costs of this action, attorney's fees and any other relief deemed just and appropriate. UR??' 17f Date: J I ER B. HIPP, ESQUIRE Attorn y ID No. 86556 JAMES D. BOGA4, SQUIRE Attorney ID No 9475 Law Offices of James D. Bogar 1 West Main Street Shiremanstown, PA 17011 Tele: (717) 737-8761. Solicitors of Monroe Township 12 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ' (t 114107 Chairman/Vi-e ^=r? n Board of Supervisors of Monroe Township 13 MONROE TOWNSHIP CUMBERLAND COUNTY. PENNSYLVANIA RESOLUTION 2006-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, ESTABLISHING A SCHEDULE OF FEES. WHEREAS, the Supervisors of Monroe Township are authorized by the Second Class Township Code and by the Pennsylvania Municipalities Planing Code to prescribe reasonable fees; and WHEREAS, the Supervisors of Monroe Township wish to incorporate in one Resolution all fees; and WHEREAS, the fee schedule shall be effective immediately after the date ofthis Resolution; and WHEREAS, all fees to be made payable to MONROE TOWNSHIP and collected by the township office and staff. The sewage fees are collected by the Sewage Enforcement Officer and turned over to the Township on a regular basis; and WHEREAS, any Resolution or part of Resolutions conflicting with the terms of this Resolution, be and the same, are hereby repealed to the extent of such conflict. NOW, THEREFORE, be it resolved by the Board of Supervisors of Monroe Township, Cumberland County, Pennsylvania, that the following be established as the Schedule of Fees: Type of Application/Permit Amusement Permit Fee $ 50.00 Copies $ .25 *Set the copy price at $.25 per page for copy made when staff time used is under 15 minutes. When a file request requires more than 15 minutes of staff time there will be a charge of $15/per hour for all time in excess of 15 minutes, plus $.25 per copy. Where Consultants are used to perform the work requested, the Consultant's hourly rate shall be used. Hall Rental Resident Non-Resident Non-Profit outside Twp. Highway Entrance (Driveway) Permit Highway Occupancy (See State approved fee schedule) EXHIBIT $ 35.00 $250.00 $ 25.00 $ 25.00 Attached Maps (Zoning, Highway, etc.) Pavilion Rental Resident Non-Resident Non-Profit outside Twp. Recreation Facility Reservation and fees (Res. 05-11)(See attached schedule) Recreation Fee (per dwelling unit) Return Check Charge Sewage Fees Soliciting Permit Month Year Stormwater Management Permit Filing Fee (Res. 98-7) Subdivision Fee 1. The filing fee and the actual cost of engineering services is required for preliminary plans and final plans, as specified in the Monroe Township Subdivision and Land Development Ordinance. Application shall not be considered complete and will not be accepted until the filing fee and deposit for engineering services is paid. $ 4.00 $ 30.00 $ 50.00 $ 15.00 $1,500.00 $ 20.00 (See Res. 2006-3) $ 10.00 $ 50.00 $ 25.00 2. Filing fee (Preliminary, Final, Land Development) $ 250.00 (Res. 2003-6) 3. Initial deposit for the actual cost of engineering services $ 750.00 4. The re-submission of a previously rejected plan or the re-submission of a plan not properly recorded shall be deemed a new submission subject to the fees, deposits and costs provided hereunder unless waived by the Board of Supervisors. 5. Where a preliminary-final subdivision plan is authorized by the subdivision and Land Development Ordinance of Monroe Township, the Board of Supervisors, in its discretion, can authorize the payment of one application fee only. 6. Sketch Plan Application (Res. 2003-6) $250.00 7. Re-submission of Sketch Plan (Res. 2003-6) $250.00 Subdivision Ordinance $ 10.00 Uniform Construction Code (See Attached Schedule) Variance Request (Res. 2003-4) $500.00 Zoning Hearing Board Appeal (Res. 2003-4) $500.00 Zoning Hearing Board Application $500.00 Zoning Ordinance w/map ZONING FEES Zoning Permit First $1,000. Each additional $1,000. Or any Part Thereof. Zoning Ordinance Validity Challenge (Res. 2003-4) Zoning Permit Extension Certificate of Non-Conformance Certificate of Use Permit Change or Amendment to Zoning Ordinance & Map (Res. 2003-4) Conditional Use Request (Res. 2003-4) Special Exception Uses (Res. 2003-4) $ 15.00 $ 25.00 $ 5.00 $500.00 plus $1,000 escrow $ 25.00 $ 10.00 $ 75.00 $500.00 plus $1,000 escrow $500.00 plus $1,000 escrow $500.00 RESOLVED THIS 3r' DAY OF JANUARY, 2006. ATTEST: ? ? ? Mar one E. Metzger MONROE TOWNSHIP BOARD OF SUPERVISORS Kevin R. Miller f A. Castle, III t Samuel M. Simmons, III UNIFORM CONSTRUCTION CODE (See Resolution 2004-9) 1. Residential Building Permit First $1,000 $ 25.00 and Inspections Each Additional $1,000 or $ 8.00 (Includes Zoning Permit Fee) any part thereof. 2. Commercial Building Permit First $1,000 $ 50.00 (Includes Zoning Permit Fee) Each Additional $1,000 or $ 8.00 any part thereof. 3. Commercial Building Permit Inspections $500.00 Escrow Applicant shall be responsible for payment of all consulting fees associated with inspections. Escrow account shall be re-established when invoices for services exceed the escrow account balance. 4. UCC Appeals Board (Resolution 2004-12) Petition for Appeal at regular meeting $525.00 Petition for Appeal at formal hearing $650.00 SCHEDULE OF FEES FOR HIGHWAY OCCUPANCY PERMITS PERMIT ISSUANCE FEES These fees are applied to the administrative costs incurred in reviewing the application and plan(s) and issuing and processing the permit, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed Schedule Item No. 1. Application Fee a) Utility b) Driveways (i) minimum use (e.g., single-family dwellings, apartments with five or fewer units (ii) low volume (e.g., office buildings, car washes) (iii) medium volume (e.g., motels, fast food restaurants, service stations, small shopping plazas) (iv) high volume (e.g., large shopping centers, multi-building apartments or office complexes) c) Other (e.g., bank removal, sidewalk and curb) 2. Supplement Fee (each six-month time extension) (each submitted change) 3. Emergency Permit Card (each card) 4. Exemption (see below for list of exemptions) GENERAL PERMIT INSPECTION FEES Unit Fee $100.00 $ 25.00 $ 50.00 $ 50.00 $100.00 $ 25.00 $ 25.00 $ 15.00 These fees are applied to the costs incurred in the preliminary review of the location covered by the permit, and/or spot inspection of the permitted work, and/or subsequent inspection after the permitted work has been completed to ensure compliance with PennDOT specifications and permit provisions. 5. Driveways a) Each low-volume driveway b) Each medium-volume driveway c) Each high-volume driveway $ 50.00 $ 50.00 $ 50.00 6. Surface Openings (These fees are calculated on the total linear feet of the opening being permitted within different areas of the right-of-way.) a) Total linear feet of opening each (100 foot increment or fiwdon thereof): (i) Opening in pavement $ 50.00 (ii) Opening in shoulder $ 25.00 (iii) Opening outside pavement and shoulder $ 25.00 b) If a longitudinal opening simultaneously occupies two or more highway areas identified in subparagraph (a), only the higher fee will be charged Linear distances shall be measured to the nearest foot. 7. Surface Openings of Less than 36 Square Feet (e.g., service connections performed independently of underground facility installation, pipe line repairs) (each opening) (i) Opening in pavement $ 40.00 (ii) Opening in shoulder $ 25.00 (iii) Opening outside pavement and shoulder $ 25.00 If an opening simultaneously occupies two or more highway areas identified in subparagraphs (i)-(iii), only the higher fee will be charged 8. Above-Ground Facilities (e.g., poles, guys and/or anchors if installed independently of poles) a) Up to 10 physically connected above-ground facilities (each continuous group) $ 25.00 b) Additional above-ground physically connected facilities (each pole with appurtenances) $ 5.00 Crossings (e.g., "overhead" tipples, conveyors or pedestrian walkways and ` undergrade , $100.00 subways or mines) 10. Seismograph - Vibroseis Method (e.g., prospecting for oil, gas) a) First mile $100.00 b) Each additional mile or fraction thereof $ 5.00 11. Non-Emergency Test Holes in Pavement or Shoulder (each hole) $ 25.00 12. Other (e.g., bank removal, sidewalk and curb) EXEMPTIONS $ 25.00 Permit issuance fees and general permit inspection fees are not payable by any of the following: 1) The Commonwealth. 2) Political subdivisions of the Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged. 3) Governmental authorities organized under the laws of the Commonwealth. 4) The Federal Government. 5) Charitable organizations that are in compliance with Act No. 337, approved August 9, 1963, P.L. 628, as amended (churches, hospitals, schools, charitable institutions, veterans' organizations, non-profit organizations) 6) Utility facility owners for a) The installation of street lights at the request of PennDOT or the political subdivision. b) The replacement or renewal of their facilities prior to a township resurfacing project after notice from the township. c) The removal of poles and attached appurtenances. d) Facilities moved at the request of PennDOT or the political subdivision. e) The reconstruction or maintenance of their facilities that occupy the right-of-way under private status. ADDITIONAL INSPECTION FEES If the township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for additional salary, overhead and expenses incurred by each assigned inspector and the township. SCHEDULE OF FEES FOR HIGHWAY OCCUPANCY PERWTS PERMIT ISSUANCE FEES These foes are applied to the administrative costs incurred in reviewing the application and plan(s) and issuing and processing the permit, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed Schedule Item No. 1. Application Fee a) Utility b) Driveways (i) minimum use (e.g., single-family dwellings, apartments with five or fewer units (ii) low volume (e.g., office buildings, car washes) (iii) medium volume (e.g.,,motels, fast food wants, service stations, small shopping.plazas) (iv) high volume (e g., large shopping centers, multi-building apartments or office complexes) c) Other (e.g., bank removal, sidewalk and curb) 2. Supplement Fee (each six-month time extension) (each submitted change) 3. Emergency Permit Card (each card) 4. Exemption (see below for list of exemptions) GENERAL PERMIT INSPECTION FEES Unit Fee $100.00 $ 25.40 $ 50.00 $ 50.00 $100.00 $ 25.00 $ 25.00 $ 15.00 These fees are applied to the costs incurred m the preliminary review of the location covered by the permit, and/or spot inspection of the permitted work, and/or subsequent inspection after the permitted work has been completed to ensure compliance with PemnDOT specifications and permit provisions. S. Driveways a) Each low-volume driveway b) Each medium volume driveway c) Each high-volume driveway $ 50.00 $ 50.00 $ 50.00 6. Surface Openings (These fees are calculated on the total linear feet of the opening being permitted within different areas of the right-of-way.) a) Total linear feet of opening each (100 foot increment or fiaction thereof): (i) Opening in pavement $ 50.00 (ii) Opening in shoulder $ 25.00 (iii) Opening outside pavement and shoulder $ 25.00 b) If a longitudinal opening simultaneously occupies two or more highway areas identified in subparagraph (a), only the higher fee will be charged Linear distances shall be measured to the nearest foot. 7. Surface Openings of Less than 36 Square Feet (e.g., service connections performed independently of underground facility installation, pipe line repairs) (each opening) (i) Opening in pavement $ 40.00 (ii) Opening in shoulder $ 25.00 (iii) Opening outside pavement and shoulder $ 25.00 If an opening simultaneously occupies two or more highway areas identified in subparagraphs (i)-(iii), only the higher fee will be charged 8. Above-Ground Facilities (e.g., poles, guys and/or anchors if installed independently of poles) a) Up to 10 physically connected above-ground facilities (each continuous group) $ 25.00 b) Additional above-ground physically connected facilities (each pole with appurtenances) $ 5.00 4. Crossings (e.g., "overhead" tipples, conveyors or pedestrian walkways and ` undergrade" $100.00 subways or mines) 10. Seismograph - Vibroseis Method (e.g., prospecting for oil, gas) a) First mile $100.00 b) Each additional mile or fraction thereof $ 5.00 11. Non-Emergency Test Doles in Pavement or Shoulder (each hole) $ 25.00 12. Other (e.g., bank removal, sidewalk and curb) EXEMPTIONS $ 25.00 Permit issuance fees and general permit inspection fees are not payable by any of the following: 1) The 'Commonwealth. 2) Political subdivisions of the Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged. 3) Governmental authorities organized under the laws of the Commonwealth. 4) The Federal Government. 5) Charitable organizations that are in compliance with Act No. 337, approved August 9, 1963, P.L. 628, as amended (churches, hospitals, schools, charitable institutions, veterans' organizations, non-profit organizations) 6) Utility facility owners for a) The installation of street lights at the request of PennDOT or the political subdivision. b) The replacement or renewal of their facilities prior to a township resurfacing project after notice from the township. c) The removal of poles and attached appurtenances. d) Facilities moved at the request of PennDOT or the political subdivision. e) The reconstruction or maintenance of their facilities that occupy the right-of-way under private status. ADDITIONAL INSPECTION FEES If the township determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for additional salary, overhead and expenses incurred by each assigned inspector and the township. MONROE TOWNSHIP CUMBERLAND COUNTY. PENNSYLVANIA RESOLUTION 2007-02 A RESOLUTION OF TEE BOARD OF SUPERVISORS OF MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, ESTABLISHING A SCHEDULE OF FEES. WHEREAS, the Supervisors of Monroe Township are authorized by the Second Class Township Code and by the Pennsylvania Municipalities Pinning Code to prescribe reasonable fees; and WHEREAS, the Supervisors of Monroe Township wish to incorporate in one Resolution all fees; and WHEREAS, the fee schedule shall be effective immediately after the date of this Resolution; and WHEREAS, all fees to be made payable to MONROE TOWNSHIP and collected by the Township office and staff The sewage fees are collected by the Sewage Enforcement Officer and turned over to the Township on a regular basis; and WHEREAS, any Resolution or part of Resolutions conflicting with the terms of this Resolution, be and the same, are hereby repealed to the extent of such conflict. NOW, THEREFORE, be it resolved by the Board of Supervisors of Monroe Township, Cumberland County, Pennsylvania, that the following be established as the Schedule of Fees: Type of Application/Permit Amusement Permit Fee $ 50.00 Copies $ .25 *Set the copy price at $.25 per page for copy made when staff time used is under 15 minutes. When a file request requires more than 15 minutes of staff time there will be a charge of $154ow hour for all time in excess of 15 minutes, plus $.25 per copy. Where Consultants are used to perform the work requested, the Consultant's hourly rate shall be used Hall Rental Resident $ 35.00 Non-Resident $250.00 Non-Profit outside Twp. $ 25.00 Township Driveway Permit $ 35.00 r-d EXHIBIT t; Highway Occupancy (See State approved fee schedule) Maps (Zoning, Highway, etc.) Pavilion Rental Resident Non-Resident Non Profit outside Twp. Recreation Facility Reservation and fees (Res. 05-11)(See attached schedule) Recreation Fee (per dwelling unit) Return Check Charge Sewage Fees Soliciting Permit Month Year Stormwater Management Permit Filing Fee (Res. 98-7) Subdivision Fee 1. The filing fee and the actual cost of engineering services is required for preliminary plans and final plans, as specified in the Monroe Township Subdivision and Land Development Ordinance. Application shall not be considered complete and will not be accepted until the filing fee and deposit for engineering services is paid. Fee Schedule Attached $ 4.00 $ 30.00 $ 50.00 $ 15.00 $1,500.00 $ 20.00 (See Res. 2006-3) $ 10.00 $ 50.00 $100.00 2. Filing fee (Preliminary, Final, Land Development) $ 250.00 (Res. 2003-6) 3. Initial deposit for the actual cost of engineering services $1,000.00 4. The re-submission of a previously rejected plan or the re-submission of a plan not properly recorded shall be deemed a new submission subject to the fees, deposits and costs provided hereunder unless waived by the Board of Supervisors. 5. Where a preliminary-final subdivision plan is authorized by the subdivision and Land Development Ordinance of Monroe Township, the Board of Supervisors, in its discretion, can authorize the payment of one application fee only. 6. Sketch Plan Application (Res. 2003-6) $250.00 7. Re-submission of Sketch Plan (Res. 2003-6) $250.00 Subdivision Ordinance ZONING AND BUILDING FEES Uniform Construction Code $ 10.00 (See Attached Schedule) Variance Request (Res. 20034) $500.00 Zoning Hearing Board Appeal (Res. 20034) $500.00 Zoning Hearing Board Application $500.00 Zoning Ordinance w/map $ 15AO Zoning Permit First $1,000. $ 25.00 Each additional $1,000. Or any Part Thereof. $ 5.00 Zoning Permit - Driveway $35.00 Zoning Ordinance Validity Challenge (Res. 2003-4) $500.00 plus $1,000 escrow Zoning Permit Extension $ 25.00 Certificate of Non-Conformance Certificate of Use Permit (Zoning) Change or Amendment to Zoning Ordinance & Map (Res. 20034) Conditional Use Request (Res. 20034) Special Exception Uses (Res. 2003-4) $ 10.00 $ 75.00 $500.00 plus $1,000 escrow $500.00 plus $1,000 escrow $500.00 } RESOLVED THIS To DAY OF JANUARY, 2007. ATTEST: 014 E. Metzger ?J MONROE TOWNSHIP BOARD OF SUP SORS evin R. Miller AW. Castle, III Samuel M. Simmons, ffi 1 CERTIFICATE I, the undersigned, Administrative Assistant of the Township of Monroe, Cumberland County, Pennsylvania (the "Township"), certify that: the foregoing is a true and correct copy of a Resolution 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 January 2, 2007; said Resolution duly has been recorded in the Resolution Book of the Township; said Resolution duly has been published as required by law; and said Resolution remains in effect, unaltered and unamended,, as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this 2nd day of January, 2007. Marjorie . Metzger, ' 'strative Assistant (SEAL) 10/30/2007 23:11 7172589311 MONROE TOWNSHIP MONROE TOWNSHIP PAGE 03/04 1220 Boiling Springs Road, Mechanlc5burg, PA 17055-9794 Phone: (717) 258-6642 • (717) 697-4613 • Fax: (717) 258-9311 • E-Mail: Monroetwp@mycomcast tom November 8, 2006 Gary C. Werner 3065 Brookfield Drive York, PA 17404 RE. WHITE ROCK ACRES Preliminary Subdivision Plan STATEMENT OF ENGINEERING COSTS Invoice - 4PCMTP065-1 Amount $4,688,44 750, 0 remaining on accowot) $3,938.44 Amount Due Please submit the mount due to the above address. Make checks payablc to; MLQNROE TQY?Nk Your cooperation is greatly appreciated. Sincerely, Marjorie E. Metzger Administrative Assistant Enclosure MEM:mab EXHIBIT a r(+n J 10/30/2007 23:11 7172589311 MONROE TOWNSHIP PAGE 04/04 K , . 1 1220 Boiling wrings Road Mechanicsburg, PA 17066-9794 Phone: (717) 258-6642 - (717) 697-4613 - Fax: (717) 256-9311 - &Mall: Moflr0etwP6myc0mcast.c0m December 13, 2006 Gary C. Wesner 3065 Brookfield Drive York, P.A. 17404 RE: VVHT.CE ROCK ACRES Preliminary Subdivision Plan STATEMENT OF ENGINEERING COSTS Invoice - #PCN4TP065-2 23.6 $2,223.63 Amount Due Please submit the amount dine to the above address, Malec checks payable to: MON&OE A?P. Your cooperation is greatly appreciated. TO" sincerely, Maijoric E. Metzger Administrative Assistant Enclosure MEM:mab EPIVOICe Remington, Vernick & Beach Engineers, Inc. Attention: Finance Department MINGTON 79 Grove Street VERMCK Haddonfield, NJ 08033 ; &-BEACH ENGMERS Monroe Township 1220 Boiling Springs Road November 2, 2006 Attn: Marge Metzger, Admin Asst Invoice No: PCMTP065 - 1 Mechanicsburg, PA 17055 Project Manager Mr. Mark Bruening Project Description: White Rock Acres - Preliminary subdivision plan. Professional Services from Seatember 16.2006 to October 15.2006 Phase 02 General Engineering Professional Personnel Hours Project Engineer Bailey, Randolph 10/2/06 3.50 Reviewed Preliminary Subdivision Plan, dated 4/28/06. Bailey, Randolph 10/3/06 5.50 Reviewed Preliminary Subdivison Plan, dated 4/28/06. Bailey, Randolph 10/4/06 5.00 Reviewed Preliminary Subdivision Plan, dated 4/28/06. Bailey, Randolph 10/5/06 2.50 Reviewed Preliminary Subdivision Plan, dated 4/28/06. ,Bailey, Randolph 10/6/06 7.50 Reviewed Preliminary Subdivision Plan, dated 4/28/06. Bailey, Randolph 10/9/06 6.00 Reviewed Preliminary Subdivision Plan, dated 4/28/06. Bailey, Randolph 10/10/06 2.00 Reviewed Preliminary Subdivision Plan, dated 4/28/06. Design Engineer II DeWire, Timothy 9/27/06 1.00 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9112/06 DeWire, Timothy 9/28/06 1.50 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 DeWire, Timothy 9/29/06 1.50 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28106; Traffic Impact Study, dated 4/25/06; :'Pologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 DeWire, Timothy 10/2/06 5.50 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 Rate Amount 81.00 283.50 81.00 445.50 81.00 405.00 81.00 202.50 81.00 607.50 81.00 486.00 81.00 162.00 81.00 81.00 81.00 121.50 81.00 121.50 81.00 445.50 When remitting payment, please reference our invoice no. and make checks payable to above name and address. If you have a question regarding this invoice, please contact: Stacey Wright, Assistant Controller @ 856-795-9596 ext. 432 or swright@rve.com. Thank you. F Project PCMTP065 White Rock Acres-Pre Sub Plan Invoice 1 DeWire, Timothy 10/3/06 3.50 81.00 283.50 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 DeWire, Timothy 10/10/06 2.00 81.00 162.00 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 DeWire, Timothy 10/13/06 1.00 81.00 81.00 INITIAL REVIEW - Preliminary Subdivision Plan, dated 4/28/06; Traffic Impact Study, dated 4/25/06; Geologic Investigation, dated 8/1/06; Post Construction Stormwater Management Report, dated 9/12/06 Technical Aide Holt, Michelle 9/22/06 .25 36.75 9.19 Processed initial submission for review Holt, Michelle 10/9/06 4.00 36.75 147.00 Initial review letter draft Head Regional Manager Bruening, Mark 9/22/06 .50 103.00 51.50 Initial submission revie Bruening, Mark 9/25/06 .25 103.00 25.75 coord. TIS review Project Engineer Angelastro, Michael 9/25/06 1.00 81.00 81.00 plan review Totals 54.00 4,202.44 Total Labor 4,202.44 Total this Phase $4,202.44 Phase 03 Engineering Reports Professional Personnel Hours Rate Amount Project Engineer Angelastro, Michael 10/3/06 4.00 81.00 324.00 Report Preparation Angelastro, Michael 10/5/06 2.00 81.00 162.00 Plan review and report preparation Totals 6.00 486.00 Total Labor 486.00 Total this Phase $456.00 Total this Invoice $4,688.44 When remitting payment, please reference our invoice no. and make checks payable to above name and address. If you have a question Page 2 regarding this invoice, please contact: Stacey Wright, Assistant Controller @ 856-795-9596 ext. 432 or swright@rve.com. Thank you. ?11V0lCe Remington, Vernick & Beach Engineers, Inc. ?],,?MINGTGN a t f R N; Attention: Finance Department ? 79 Grove Street VERMCK Haddonfield, NJ 08033 &BEACH ENGINEERS Monroe Township 1220 Boiling Springs Road December 6, 2006 Attn: Marge Metzger, Admin Asst Invoice No: PCMTP065 - 2 Mechanicsburg, PA 17055 Project Manager Mr. Mark Bruening Project Description: White Rock Acres - Preliminary subdivision plan. Professional Services from October 16, 2006 to November 15, 2006 Phase 02 General Engineering Professional Personnel Hours Rate Amount Project Engineer Bailey, Randolph 11/9/06 2.00 81.00 162.00 Preliminary Subdivision and Land Development Plan, dated 4/28/06. Design Engineer II DeWire, Timothy 10/16/06 5.50 81.00 445.50 INITIAL REVIEW - Preliminary Subdivision & Land Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8/1/06; Traffic Impact Study, dated 4/25/06 DeWire, Timothy 10/18/06 3.50 81.00 283.50 INITIAL REVIEW - Preliminary Subdivision & Land Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8/1/06; Traffic Impact Study, dated 4/25/06 DeWire, Timothy 10/26/06 2.00 81.00 162.00 INITIAL REVIEW - Preliminary Subdivision & Land Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8/1106; Traffic Impact Study, dated 4/25/06 DeWire, Timothy 10/27/06 4.00 81.00 324.00 INITIAL REVIEW - Preliminary Subdivision & Land Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8/1/06; Traffic Impact Study, dated 4/25/06 DeWire, Timothy 11/3/06 7.50 81.00 607.50 INITIAL REVIEW - Preliminary Subdivision & L-and Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8/1/06; Traffic Impact Study, dated 4/25/06 vvnen remitting payment, please reference our invoice no. and make checks payable to above name and address. If you have a question regarding this invoice, please contact: Stacey Wright, Assistant Controller @ 856-795-9596 ext. 432 or swright@rve.com. Thank you. Project PCMTP065 White Rock Acres-Pre Sub Plan Invoice2 DeWire, Timothy 11/10/06 1.00 81.00 81.00 INITIAL REVIEW - Preliminary Subdivision & Land Development Plan, dated 4/28/06; Post Construction Stormwater Management Report, dated 9/12/06; Geologic Investigation/Infiltration Report, dated 8!1/06; Traffic Impact Study, dated 4/25/06 Technical Aide Holt, Michelle 11/9/06 1.00 36.75 36.75 4/28/06 revision review letter Holt, Michelle 11/13/06 .50 36.75 18.38 Distribution of letter Head Regional Manager Bruening, Mark 10/27/06 1.00 103.00 103.00 Initial submission review Totals 28.00 2,223.63 Total Labor 2,223.63 Total this Phase $2,223.63 Total this Invoice $2,223.63 When remitting payment, please reference our invoice no. and make checks payable to above name and address. If you have a question Page 2 regarding this invoice, please contact: Stacey Wright, Assistant Controller @ 856-795-9596 ext. 432 or swright@rve.com. Thank you. r j?ioice Remington, Vernick & Beach Engineers, Inc. REMINGTON Attention: Finance Department 79 Grove Street VERNICK Haddonfield, NJ 08033 &BEACH ENGINEERS Monroe Township (PA) 1220 Boiling Springs Road March 1, 2007 Attn: Marge Metzger, Admin Asst Invoice No: PCMTP065 - 4 Mechanicsburg, PA 17055 Project Manager Mr. Mark Bruening Project Description: White Rock Acres - Preliminary subdivision plan. Professional Services from Januarv 16. 2007 to February 15. 2007 Phase 02 General Engineering Professional Personnel Hours Rate Amount Design Engineer II DeWire, Timothy 1/30/07 1.50 95.00 142.50 Review comment coordination meeting with applicant's consultant Head Regional Manager Bruening, Mark 1/30/07 1.00 110.00 110.00 meeting with Mark Johnson regarding review comments Bruening, Mark 2/2/07 1.50 110.00 165.00 prepare responses to Resident inquiries about plan and ordinance requirements Bruening, Mark 2/5/07 .50 110.00 55.00 Completed response letter Technical Aide Holt, Michelle 2/5/07 1.25 39.00 48.75 Prepared initial Residential Inquiry letter and distribution Totals 5.75 521.25 Total labor 521.25 Total this Phase $521.25 Total this Invoice $521.25 When remitting payment, please reference our invoice no. and make checks payable to above name and address. If you have a question regarding this invoice, please contact: Stacey Wright, Assistant Controller @ 856-795-9596 ext. 432 or swright@rve.com. Thank you. ti 1% ' - OOE TOWNS-M7 1220 Boiling Springs Road, Mechanicsburg, PA 17055-9794 Phone: (717) 258-6642 0 (717) 697-4613 m Fax: (717) 258-9311 e E-Mail: Monroetwp@mycomcast. January 17, 2007 Crary C. Wesner 3065 Brookfield Drive York, PA 17404 RE: WHITE ROCK ACRES Preliminary Subdivision 'Plan SECOND NOTICE STATEMENT OF ENGINEERING COSH'S Invoice - #PCM17P065-1 Amount $4,688.44 750.00 (Remaining on Acct.) $3,938.44 AMOUNT DUE Please submit the above amount due to the above address. Make check payable to MONROE TON' TSHIP. Your cooperation is greatly appreciated. Sincerely, Marjorie E. Metzger kdministrative Assistant Enclosure MEM:mab EXHIBIT "D" r } sk r 1220 Boiling Springs Road, Mechanicsburg, PA 17055-9794 Phone: (717) 258-6642 m (717) 697-4613 s Fax: (717) 258-9311 • E-Mail: Monroetwp@mycomcast.cor January 17, 2007 Gary C. Wesner 3065 Brookfield Drive York, PA 17404 RE: WME ROCK ACRES Preliminary Subdivision Plan SECOND NO'T'ICE STATEMENT OF ENGINEERING COSTS Invoice - #PCMI?065-2 Amount $2,223.63 $2423.63 AMOUNT DUE Please submit the above amount due to the above address. Make check payable to MONROE TOTVNSHIP. Your cooperation is greatly appreciated. Sincerely, Marjorie E. Metzger Administrative Assistant Enclosure MEM:mab 4 !lI 1220 Boiling Springs Road, Mechanicsburg, PA 17056-9794 Phone: 1717) 258-6642 c (717) 697-4613 Fcm: (717) 258-9311 E-Mail: hli0nr0etwP@r'+ V;,,.A r r:vs` M arc-: 19 . 2D07 Tarry C. Wesner '-1065 Erookaeid Dnve Yor', ?A 17404 RE: WBITE ROCK ACRES PRELIMINARY SUBDIVNIO V PLAN STATEMENT TG7? '-F_,E G Cf_';,STS Invoice #PCN1TP065-4. $521.25 $521.25 Amount Due Please subj:, it the aino .,A due to the abov° addreu,,. Iviake check payaAle zoo M0T 0h TOWNS. YaLn cooperation. is greatly appreciated. sincerely, Maijone E. Metzgea' Administrative Assistant MEli/1::mam .Enclosure I- 1K MONROE TOWNSHIP' 1220 Boiling Springs Road, Mechanicsburg, PA 17055-9794 Phone: (717) 258-6642 - (717) 697-4613 - Fax: (717) 258-9311 - E-Mail: Monroetwp@mycomcast-com March 12, 2007 James D. Bogar, Esquire 1 W. Main Street Shiremanstown, PA 17011 RE: WHITE ROCK ACRES OUTSTANDING ENGINEERING COSTS Dear Jim: Attached are copies of invoices forwarded to Mr. Gary Wesner with regard to the above referenced plan. The amount of $3,938.44 was first invoiced on November 8, 2006. The amount of $2,223.63 was first invoiced on December 13, 2006. In addition, the amount of $521.25 was just invoiced on March 8, 2007. As you can see, the total amount due as of this date is $6,683.32. I believe Mark Bruening, Engineer, has advised Mr. Wesner that he would not provide any additional review services on this project until the outstanding financial obligations are satisfied. If you have any questions, please call. Sincerely, Marjorie E. Metzger Administrative Assistant MEM:mam Enclosures MONROE T gSffw 1220 Boiling Springs Road, Mechanicsburg, PA 17055-9794 Phone: (717) 258-6642 • (717) 697-4613 o Fax: (717) 258-9311 - E-Mail: MonrostwpCmy .,? r,?~s .:: ;.r Gary C. Wesner 3065 Brookfield Drive York, PA 17407 RE: Wbite Rock Acres Preliminary Subdivision Plan STATEMENT OF OUTSTANDING COSTS Engineering Costs Invoice # PCMTP065-4 521.25 Invoice # PCMTP065-2 2,223.63 Invoice # PCMTP065-1 3,938.44 Certified Mail 4,64 TOTAL AMOUNT DUE: $6,687.96 gs Road, Mechanicsburg, PA 17055-9794 1220 Boiling Sprin 0 Phone: ling 258-6642 a (717) 697-4613 3 Fax: (717) 258-9311 E-Mail: Monroetvip April 13, 2007 F rt. Gary C. Wesner 3065 Brookfield Drive York, PA 17407 RE: White Rock Acres Preliminary Subdivision Plan Outstanding Costs Dear Mr. Wesner: On behalf of the Monroe Township Board of Supervisors, we must advise you that considerable arrears exists with respect to required payment on your part as to costs incurred by Monroe Township for review and processing of your plan. Matters involving payments into escrow and payments for review fees and related matters are covered by Monroe Township Resolution No. 07-2. To date, the total outstanding amount for review and related review matters is $6,687.96. This letter is being forwarded to you as the developer of record concerning this plan. Monroe Township must request that this amount, $6,687.96 be forwarded to the Township within ten (10) days of the date of this letter. All efforts with respect to plan review are being suspended pending payment in full of this amount. Please make your check payable to "MONROE TOWNSHIP". Your cooperation is greatly appreciated. Please direct any questions that you have concerning these matters to my direct attention. Sincerely, Marjorie E. Metzger Administrative Assistant Certified No. 9171082133393263308949 0, Irk 04 NAMES D. BOGAR JAMES D. BOGAR JENNIFER B. HIPP• 'Also admitted to New Jersey Bar ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com June 22, 2007 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct e-mail Jbogar®bogarlaw.com CERTIFIED MAIL/RETURN RECEIPT REQUESTED REGULAR FIRST CLASS MAIL and FACSIMILE TRANSMISSION - 846-5517 Gary C. Wesner GCW Properties, Inc. 3065 Brookfield Drive York, PA 17404 Dear Mr. Wesner: RE: Monroe Township - White Rock Acres Preliminary Subdivision Plan We write to you on behalf of the Monroe Township Board of Supervisors (hereinafter the "Board"), with respect to the White Rock Acres Preliminary Subdivision Plan (hereinafter the "Plan"), as above captioned. It is our understanding that this Plan was submitted by GCW Properties, Inc., a Pennsylvania corporation having an address of 3065 Brookfield Drive, York,.PA 17404. You are listed as the contact person. Please be advised that the Board took action on the Plan at its public meeting, same taking place at 7:00 p.m., Thursday, June 14, 2007. Marjorie E. Metzger, Administrative Assistant, Monroe Township, by her letter. to you dated May 30, 2007, advised you that the Board would be considering the Plan at its June 14, 2007 meeting. In addition, you were encouraged to attend the meeting. We note that you did not attend the meeting. At its public meeting on June 14, 2007, the Board unanimously voted to disapprove the Plan, said Plan being dated April 28, 2006. This letter constitutes written notice of the Board's decision. The Board disapproved the Plan based upon your failure to comply with the comments set forth in correspondence from Mark B. Bruening, P.E., Monroe Township Engineer, in his letter dated November 13, 2006 and addressed to the Board with a copy,tQ,y,ou. A copy of Mr. Bruening's correspondence was EXHIBIT F "Ell ._baA, Gary C. Wesner June 22, 2007 Page 2 forwarded to you and your Engineer, RGS Associates. We are including a copy of Mr. Bruening's November 13, 2006 correspondence, along with this letter, which sets forth the Board's reasons for denying the Plan, based upon the Plan's failure to comply with the requirements as set forth in Mr. Bruening's letter. Please note that the November 13, 2006 correspondence from Mr. Bruening specifies the defects found in the Plan, describes the requirements which have not been met and cites to the applicable and appropriate provisions of the Ordinances of Monroe Township and the Statutes of the Commonwealth of Pennsylvania. Please feel free to contact us if you have any questions with respect to these matters. truAy yours, JAMES D. GA , Solicitor Monroe To p JDB/blw Enclosures cc: Mark A. Johnson, RLA, ASLA (via First Class Mail and Fax- 656-8970) John J. Mahoney, Esquire (via First Class Mail and Fax- 610-684-2022) Penn Products Corp., Attn: Sandy McCorkel (via First Class Mail and Fax-258-9384) Monroe Township, Attn: Board of Supervisors and Marjorie E. Metzger, Administrative Assistant (w/encl.)(via e-mail) Mark B. Bruening, P.E., Township Engineer (via e-mail) ALL WITH ENCLOSURES ?r A" s Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted Delivery'is.desired, X ¦ Print your name and address o'h4he,reverse so that we can return the card to you.. _. - S. ¦ Attach this card to the back of the mail piece, or on the front if space permits. ,1. Article Addressed to: GOLrq Pro t'-' t,7 L 3©? ?3rovl<?i'0C9 02 t aor-K Q i ?q09 Agent. C. • - - -Y -If . detNery address dffferent from item l? ? Yes D is If YES, enter delivery address below: ? No ?P 3. ERegl T ype fed Mail C3 Express Mail stered Return Receipt for Merchandise ? insured Mall 0 C.o.D. ro on rce 1 Wp t Wh; te& . Restricted DMtVWy? {Extra Fee) p Yes 2. Article Number 7006 0100 00111 0294 5348 (rransfer from service label) Ps Form 3$11, February 2004 Domestlc Return Receipt 102595-o2-as-1540 1 t? a ?v W v MONROE TOWNSHIP, VS. Plaintiff GARY C. WESNER, individually and GCW PROPERTIES, INC. TO: GARY C. WESNER 3065 Brookfield Drive York, PA 17404 Defendants IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2007-6869 CIVIL and GCW PROPERTIES, INC. 3065 Brookfield Drive York, PA 17404 DATE OF NOTICE: DECEMBER 21, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pa 17013 (800) 990-9108 By: CA? l JENNI ER B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 GCW PROPERTIES, INC. 3065 Brookfield Drive York, PA 17404 Date: 12/21/07 Jennife B. Hipp, Esquire 2 T--7 0. c : d ..,d SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06869 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONROE TOWNSHIP VS WESNER GARY C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WESNER GARY C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 14th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe ?. Docketing 18.00 Out of County 9.00 Surcharge 10.00 R' Thomas Kline Dep York County 35.85 Sheriff of Cumberland County Postage 3.42 76.27 ? C //?6 7 12/14/2007 JAMES BOGAR Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2P07-U6869 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONROE TOWNSHIP VS WESNER GARY C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GCW PROPERTIES INC but was unable to locate Them deputized the sheriff of YORK , to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 00 16.00 12/14/2007 JAMES BOGAR So answe R. Thomas Kli Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. 1 OF 2 ''7 ` COU14TY OF YORK OFFICE OF THE SHERIFF S(7117)17 19601U 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCUMS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LWE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFFIS/ 2 COURT NUMBER Monroe Township 07-6869 civil 3. DEFENDANT/S/ C. Wesner et al 4. FYPEOFWR17OR""""Al"1N0TICE, Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Gary C. Wesner 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 3065 Brookfield Drive York, PA 17404 iaFAIL Ll 1 ST CLASS MAIL U POSTED -I OTHER 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE }DEPUTIZE ca CFyRTe$'M =rtd? NOW Nov Tiber 14, , 20 07 I, SHERIFF OF ?K COUNTY, PA, do eby deputize h heriff of e return th ording York COUNTY to execute W 06 to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC OUT E OF COUNTY Cumberland ADV FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. T'hank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREJ A M E S D . B 0 G A R , E S Q , 10. TELEPHONE NUMBER 11. DATE FILED 1 WEST MAIN STREET, SHIREMANSTOWN, PA 17011 717-737-8761 11-14-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED t 5. ExpirationlHearing Date or complaint as indicated above. M J M C G I L L Y C S O 111-15-2007 12-14-2007 16. HOW SERVED: PERSONAL( ) RESIDENCE 4) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (y) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TI LE OF IVI UAL SERVED I LIST AD RE S HER IF NOT OWN ABOVE (Relationshi to Defendant) 19. Date of Service 20 Time of Service ib ? es Ke? Sin 1? ?1• ?'? ? ? ?{ S- 21. ATTEM TS Da Time &Ie+s? Int. Date Time Miles Int Date Itime Miles Int. Date T Miles Int. Date Time Miles Int. Dale Time Miles Int. V 22. REMARKS: 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Is Due Refund Check No $125.00 R4,00 141 b a$? ??©Ct J? .1 :?0-13 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. T 3.. Mdeage/PostagelNot Found 39. Total Costs 40. Costs Due or Refund 9 t h ANSWERS 11. AFFIRMED and subscribed to bet a me this V - -A q ' 44. Signature of p? DATE -- _ 4 42. day of - -2o .Z Dep. Sheriff ?^^? r-* _ OTARY Y 46. Signature of York - Coun Sheriff L ' till 47. DATE ` IAM M WIL HOSE, SHERIFF 11-29-2007 F. C Jv 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office A . blm a. COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF S717)7 1961L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WSTRUCTNWS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LAW 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLRtNTIFFISI 2. COURT NUMBER Monroe Township 07-6869 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT NOTICE, Gary C. Wesner et al Notice and Complaint C I CA SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD GCw Properties Inc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 3065 Brookfield Drive York, PA 17404 7. INDICATE SERVICE CIPERSONAL U PERSON IN CHARGE U DEPUTIZE U CE;; MAI U 1 ST CLASS MAIL U POSTED U OTHER NOW Novst?ber 14 20 I, SHERIFF OF COUNTY, PA, do her deputi?th iff of Y ork COUNTY to execute this Wr turn ere g to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF'1MFC0 TY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICED U T 0 F C 0 U N T Y Cumberland ADV FEE PAID BY ATTY Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any Drooerty before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURFJ A M E S D . B 0 G A R , E S Q , 10. TELEPHONE NUMBER 11. DATE FILED 1 WEST MAIN STREET, SHIREMANSTOWN, PA 17011 717-737-8761 11-14-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed 4 notice is to be mailed) CUMBERLAND CO SHERIFF SPACE` BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/tlearing Date or oomplaint as indicated above. M J M C G I L L Y C S O 11-15-2007 12-14-2007 16. HOW SERVED: PERSONAL( ) RESIDENCE t POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ('?) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF DIVPUA,4. SERVED/ LIST ADDRESS HE E IF 7T HO ABOVE (Relationship to Defendanq 19. Date of Service 20 Ti of Service C.J PI i c .t? erh? s.? a\-?? 3 21. ATTEMPTS Da Time Miles Int. Date Time Miles Int. Dat Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int I-0 22. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 1 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No U. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. M#eage/PostagelNot Found 39. Total Costs 40. Costs Due or Refund 9th SO ANSWERS 41. AFFIRMED and subscribed to be re me this N 0 V G? L 44. Signature of E 42 day of 20 43 IL Dep. SheriR PRO40KA-f NOTARY 46 Signature of York i c ? DATE nr J L rAlff M. WI -"HOSE, SHERIFF -- 11-29-2001 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office s 1 . )r MONROE TOWNSHIP, IN THE COURT OF COMMON PLEAS OF Plaintiff OF CUMBERLAND COUNTY, . PENNSYLVANIA VS. GARY C. WESNER, individually and GCW PROPERTIES, INC. Defendants CIVIL ACTION - LAW DOCKET NO. 2007-6869 CIVIL PRAECIPE FOR DEFAULT JUDGTIENT TO: Curtis R. Long, PROTHONOTARY Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Please enter a Default Judgment in favor of Plaintiff, MONROE TOWNSHIP and against GARY C. WESNER, individually, and GCW PROPERTIES, INC., Defendants, in the amount of $6,687.96, plus costs and interests from November 14, 2007. Written notice of Plaintiff's Notice of Intention to file for Entry of Default Judgment was mailed to the Defendant and is attached to this Praecipe as Exhibit "A". Date: January 8, 2008 Respectfully, -? 1 t(n-X9 JENNI?EK B. HIPP, ESQUIRE Attor ey ID No. 86556 One West Main Street Shiremanstown, PA 17011 Telephone: (717) 737-8761 Solicitor for Monroe Township CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Praecipe as required by Pa. R.C.P. 237.1 upon the following named parties this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 GCW PROPERTIES, INC. 3065 Brookfield Drive York, PA 17404 Date: 1/7/08 Je pp, Esquire 2 NAMES D. B O GAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com JAMES D. BOGAR JENNIFER B. HIPP• "Also admitted to New Jersey Bar December 21, 2007 Via Certified Mail and U. S. First Class Mail GCW Properties, Inc. 3065 Brookfield Drive York, PA 17404 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct e-mail Jhlpp®bogarlaw.com RE: Monroe Township v. Wesner and GCW Properties, Inc. Docket No. 2007-6869 Dear Sir: We are forwarding for service upon you a date-stamped copy of a Notice that was filed with the Court of Common Pleas of Cumberland County on December 21, 2007. Please contact us should you have any questions regarding this matter. Very truly yours, I'g J R B. HIPP, Solicitor Monroe Township JBH / dmm Enclosure cc: Monroe Township, Attn: Board of Supervisors; Marjorie E. Metzger, Administrative Assistant (w/attachment) (via e-mail only Monroetwp@mvcomcast.com) Mark B. Bruening, P.E., Township Engineer (via e-mail - MarkBruenina@rve.com) Certified Mail No. 7006 0100 0001 0299 3295 g EXHIBIT 11 Ail n. Cr LO r m n {' ? ®yY m u.^ I 4 s ir fl1 ?' Q Postage $ r-9 C3 Certified Fee D C3 Retum Receipt Fee (Endorsement Required) C3 . Res Mcted Delivery Fee C3 (Endorsement Required) r'I Total Postage?. Fees ...t3 enf O C3 o CC w nr or PO Bon No. Z-,-. /- i rr- 'ser, ;vdF ------------- :n Pos? Here -cn 6?? P_I ?. 1 l(t_i II ?2 oe- K P, 1-4 4G USPS - Track & Confirm U MED5TA Pt757I?t.,'??? Wrack & Confirm Search Results Label/Receipt Number: 7006 0100 0001 0299 3295 Status: Delivered Your item was delivered at 2:01 PM on December 24, 2007 in YORK, PA 17402. Page I of 1 Home I Help I Sign In Track & Confirm FAQs Track &. C Enter LabeVReceipt Number. __t's Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Govt services &Ibs PrhM y QIiQC P E U Terms of Use JL iO a p remier Ac counts MMI . - - s S[tg Map -QQaW-C Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ;,, : ,' twa3trosrrr m http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 1/2/2008 MONROE TOWNSHIP, Plaintiff VS. GARY C. WESNER, individually and GCW PROPERTIES, INC. Defendants TO: GARY C. WESNER and 3065 Brookfield Drive York, PA 17404 DATE OF NOTICE: DECEMBER 21, 2007 IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW DOCKET NO. 2007-6869 CIVIL GCW PROPERTIES,. 3065 Brookfield 5iriv York, PA 17404~ IMPORTANT NOTICE N C Q C_? r? c O m +v YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF'THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pa 17013 (800) 990-9108 By: ? 7 JENNIFER B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 GCW PROPERTIES, INC. 3065 Brookfield Drive York, PA 17404 Date: 12/21/07 c- `I p Jennife B. Hipp, Esquire 2 JAMES D. BOGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com JAMES D. BOGAR JENNIFER B. HIPP* 'Also admitted to New Jersey Bar December 21, 2007 Via Certified Mail and U. S. First Class Mail Gary C. Wesner 3065 Brookfield Drive York, PA 17404 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct e-mail Jhipp®bogarlaw.com RE: Monroe Township v. Wesner and GCW Properties, Inc Docket No. 2007-6869 Dear Mr. Wesner: We are forwarding for service upon you a date-stamped copy of a Notice that was filed with the Court of Common Pleas of Cumberland County on December 21, 2007. Please contact us should you have any questions regarding this matter. Very truly yours, 11? JENNI E B. )PP, Solicitor Monroe own ship JBH / dmm Enclosure cc: Monroe Township, Attn: Board of Supervisors; Marjorie E. Metzger, Administrative Assistant (w/attachment)(via e-mail only Monroetwo@mvcomcast.com) Mark B. Bruening, P.E., Township Engineer (via e-mail - MarkBrueninq@rve.com) Certified Mail No. 7006 0100 0001 0299 3295 ri . m - r-A m m O a .• slingill!IIIII 1! - _ . M ® -. 80 ar o o- . s-o m S E ` o Postage $ = "= C3 Certiiled Fee M Return Receipt Fee i d . ark M re ) (Endorsement Requ . Restricted Delivery Fee , s#; C3 (Endorsement Required) es @ F l P t T ` - e os age ota ; O Sent o ? ? -' ter- . ?` __.. ....................:../.}..............?_. . 3`ireet ;4pCNO.; _ U(?• or PO Box No. I 'l - -- - -- - - ---- ciiy §raie: ziX ----- G llw/ fi USPS - Track & Confirm UN1 f .5TA S PO"TI.S:I. SER WCEe Page 1. of 1 Home I b-ft I Sian In Track & Confirm FA Qs Track Confirm Search Results Label/Receipt Number: 7006 0100 0001 0299 3301 Status: Delivered Your item was delivered at 2:01 PM on December 24, 2007 in YORK, PA 17402. Ti'???t.wdUl>I f Enter Label/Receipt Number. D I Track & Confirm by email Get current event information or updates for your item sent to you or others by email. dt teak ontac-U§ Forms Gov't Serv ceps khfi PliYe?7 Polic,?t Terns of Use National & Premier Accounts Copyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 1/2/2008 MONROE TOWNSHIP, IN THE COURT OF COMMON PLEAS OF Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW GARY C. WESNER, individually DOCKET NO. 2007-6869 CIVIL and GCW PROPERTIES, INC. ' r" 1 C 0 o O Defendants w v s?: ) 4 c-) rn WESNER and TO: GARY C F? r GCW PROPERTIES, /??. . 3065 Brookfield Drive 3065 Brookfield _I ?±ive ' York, PA 17404 York, PA 17404 - ? o pm -< 3-7 DATE OF NOTICE: DECEMBER 21, 2007 Y ?. WORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE. OF'THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO' TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pa 17013 (800) 990-9108 ?. n By:C: !,?? ??? JENNIFER B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attornev for Plaintiff CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Gary C. Wesner 3065 Brookfield Drive York, PA 17404 GCW PROPERTIES, INC. 3065 Brookfield Drive York, PA 17404 Date: 12/21/07 (q Jennife B. Hipp, Esquire 2 t_. wr