HomeMy WebLinkAbout04-0792CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY,
Plaintiff
V=
PERINI SERVICES/SOUTHAMPTON
MANOR LIMITED PARTNERSHIP
dba SHIPPENSBURG HEALTH CARE
CENTER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CP-21-MD-
20O4
: CIVIL ACTION - LAW
: COLLECTION
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint of 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY,
Plaintiff
PERINI SERVICES/SOUTHAMPTON
MANOR LIMITED PARTNERSHIP,
dba SHIPPENSBURG HEALTH CARE
CENTER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CP-21-MD- -2004
: CIVIL ACTION - LAW ~) ~ _
: COLLECTION
COMPLAINT
1. Plaintiff is the Cumberland-Franklin Joint Municipal Authority (hereinafter
"CFJMA"), a joint municipal authority organized under the Municipality Authorities Act,
with its principal office located at 725 Municipal Drive, Shippensburg, Southampton
Township, Franklin County, Pennsylvania, 17257.
2. Defendant is Perini Services/Southampton Manor Limited Partnership, a
Maryland Limited Partnership and registered owner of Shippensburg Health Care
Center, a nursing home operated at 121 Walnut Bottom Road, Shippensburg Township,
Cumberland County, Pennsylvania.
3. At all times relevant hereto Plaintiff, CFJMA, provided sewer service to the
Defendant at its location referenced above, and other similarly situated businesses.
4. Plaintiff, CFJMA, sends invoices to the Defendant for sewer service on a
quarterly basis. Terms state that payment is due upon receipt and that a five percent
(5%) late charge will be assessed on any invoice not paid within 15 days of invoice
date.
5. As of February 5, 2004, Defendant owed $21,903.75 to Plaintiff for
invoiced and unpaid charges for sewer service and accrued late charges, as detailed on
the statement of Defendant's account attached hereto as Exhibit
6. When Defendant ignored repeated demands for payment of these
invoices, Plaintiff enlisted the aid of its solicitor, Turo Law Offices, to collect the
delinquent charges.
7. Since October 17, 2003, Turo Law Offices has sent several letters to
Defendant resulting in payments totaling $18,238.70, which amounts have been
credited to Defendant's account and are reflected in the balance owed as stated herein.
8. Neither the Plaintiff nor its solicitor has received any correspondence from
the Defendant to indicate that there is any dispute regarding the invoiced charges.
9. Despite all attempts of the Plaintiff and its solicitor, the sum of $21,903.75
remains unpaid as of the date of this Complaint.
WHEREFORE, for all the above reasons, the Plaintiff, Cumberland-Franklin Joint
Municipal Authority, respectfully requests judgment in its favor in the amount of
$21,903.75 and cost of suit.
Respectfully Submitted
TURO LAW OFFICES
n, Esquire
t
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
'Customer
02007
Shippensburg Health Care Center
1710 Underpassway Road
Hagerstown MD 21740-6979
Bill Sen/ice Transaction
Date Type Type Code
01/19/lg99 SW QM Beginning
01119/1ggg SW QM Begirmin9
07/1~1999 sw QM Receipts
Customer History File
Detail
[}1/19/1999 To 02/05/2004
Run Date 02/05/2004 Page
Run Time 10:24:32
Service Address 121 Walnut Bottom Road (9601)
Phone# - - 0
District
Tax Map #
2-61A-1-H
C
C
B
C
C
B
P
C
P
C
B
P
C
a
P
C
C
B
P
C
C
C
C
P
B
P
C
B
P
C
C
D~SCOUnl Balance Due
~Cuetomer ~
02007
Shippensburg Health Care Center
1710 Underpassway Road
· Hagerstown MD 21740-.69'79
Bill Service Transaction Metal'
Date Type Type Code Consumption
Customer History File
Detail
01/19/1999 To 02/05/2004
Run Date 02/05/2004
Run Time 10:24:32
Page
06/24~2002 SW OM Receipts 827.80
~6f24/2002 SW QM Receipts 8013. t5
06/24/2002 SW OM Receip~ 401,85
Service Address 121 Walnut Boffom Road (9601)
Phone #
District
Tax Map #
- - 0
2-61A-1-H
Transaclion
Checl(/Ref # Type Discount
7t35 C
B
P
ck C
P
(307500 C
7894 C
B
P
P
8233 C
8233 C
8233 C
8233 C
Total aa~nce Due:
Balance Due
10473,00
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ,~4904 relating to unsworn falsification to authorities.
Date
Ange ique'RYninger, Agent
Cumberland-Franklin Joint Municipal Authority
SHERIFF'S
CASE NO: 2004-00792 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND-FRANKLIN JOINT MUN
VS
PERINI SERVICES/SOUTHAMPTON
RETURN - REGULAR
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PERINI SERVICES/SOUTHAMPTON MANOR LP DBA SHBG HEALTH CARE the
DEFENDANT at 1543:00
at 121 WALNUT BOTTOM ROAD
SHIPPENSBURG, PA 17257
LARRY COTTLE, ADMINSITRATOR, ADULT
a true and attested copy of COMPLAINT & NOTICE
HOURS, on the 25th day of February , 2004
by handing to
IN CHARGE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18
Service 13
Affidavit
Surcharge 10
41
So Answers:
O0
00 R. Thomas Kline
00
80 02/26/2004
JAMES M ROBINSON
Sworn and Subscribed to before
me this 2~ day of
A.D.
/Prothonotary '
By:
Deputy Sheriff
CUMBERLAND-FRANKLIN JOINT
MUNICIPAL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
NO. O4-792
CIVIL TERM
v. CIVIL ACTION - LAW
PERINI SERVICES/SOUTHAMPTON
MANOR LIMITED PARTNERSHIP i COLLECTION
Dba SHIPPENSBURG HEALTH CARE :
CENTER,
Defendant
PRAECIPE
TO THEPROTHONOTARY:
Please seffle, withdrawand discontinue the, above-captionedmaffer on behalf ol
the Plaintiff.
Respectfully Submitted
TURO LAW OFFICES
Date
J~s M. Robeson, Esq '
21~South Pitt ~treet
Carlisle, PA 17013
(717) 24!5-9688
Attorney for Plaintiff