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Home My WebLink About04-1118 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE II MIDDLESEX TOWNSHIP MUNICIPAL ; IN THE COURT OF COMMON PLEAS OF AUTHORITY, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2004- III'&' CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., 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 a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~ Solicitor for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II I I MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. 2004- CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., Defendant CIVIL ACTION - LAW COMPLAINT Middlesex Township Municipal Authority, by its Solicitor, Snelbaker, Brenneman & Spare, P. c., files this Complaint against Defendant Carlisle Motel and Campground, Inc. as follows: BACKGROUND 1. Plaintiff Middlesex Township Municipal Authority (the "Authority") is a duly authorized and existing municipal authority under the laws of the Commonwealth of Pennsylvania with a principal office and place of business located at 350 N. Middlesex Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. 2. Defendant Carlisle Motel and Campground, Inc. is a Pennsylvania business corporation with a principal office and place of business located at 1075 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. Defendant is the owner of a parcel of real estate located at 1075 Harrisburg Pike, Carlisle, in the Township of Middlesex, also identified as tax parcel No. 21-19-1637-011 (hereinafter the "premises"). 4. Plaintiff provides municipal water and sewer service in and to various locations throughout Middlesex Township. LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE II 5. Defendant is provided at its premises, for its and/or the occupants of Defendant's premises use and benefit, municipal water and sewer service by the Authority. COUNT I 6. The averments of Paragraphs 1 through 5, inclusive, of this Complaint are incorporated by reference herein in their entirety. 7. At all times relevant hereto, specifically from December 2002 through January 2004, Plaintiff provided Defendant with water and sewer services at Defendant's premises. 8. The water and sewer services provided to Defendant by Plaintiff as described above were provided in accordance with the terms, conditions and requirements of applicable rules, rates and regulations as established by the Authority. 9. Defendant has consistently failed and refused to pay Plaintiff in full for charges assessed Defendant for water and sewer services provided Defendant at Defendant's premises for the period of December 2002 through January 2004 despite repeated requests to do so. 10. Defendant has failed and refused to pay the total amount of $26,080.05 due and owing Plaintiff for water and sewer services provided the premises from December 2002 through January 2004, which sum includes applicable late charges or penalties assessed in accordance with rules, rates and regulations of the Authority. II. The amounts billed by Plaintiffto Defendant for water and sewer services provided Defendant's premises were never objected to by Defendant as being inaccurate. 12. The amounts billed by Plaintiff to Defendant for water and sewer services provided Defendant's premises were fair, reasonable and never objected to by Defendant. -2- LAW OFFICES SNEL8AKER. BRENNEMAN Be SPARE II 13. The amounts due and owing Plaintiff by Defendant as set forth in Paragraph 10, above, were billed to Defendant on a monthly basis, which bills contained a statement of current monthly charges due together with an indication of any previous balance due on Defendant's account for water and sewer services provided together with applicable penalties. A true and correct copy of Defendant's account statement with amounts claimed to be due as set forth in this Complaint, is attached hereto and incorporated by reference herein as "Exhibit A". 14. Defendant's failure timely to pay for water and sewer services provided Defendant's premises is a material breach of Defendant's express andlor implied obligation to pay for same in accordance with Plaintiffs applicable rates, rules and regulations. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $26,080.05 together with interest and costs of this suit. COUNT II (In the alternative to Count I) 15. The averments of Paragraphs I through 14, inclusive, of this Complaint are incorporated by reference herein in their entirety. 16. The water and sewer services provided by Plaintiff to Defendant at Defendant's premises were not provided by Plaintiffto Defendant as a gratuity. 17. The charges for the water and sewer services as more fully set forth in Court I ofthis Complaint were fair, reasonable, customary and never objected to by Defendant. 18. Defendant wrongfully secured benefits from the use of the water and sewer services provided Defendant's premises that would be unconscionable for Defendant to retain. -3- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II I 19. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $26,080.05. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $26,080.05 together with interest and costs of this action. Date: SNELBAKER, BRENNEMAN & SPARE, P. C. ~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township Municipal Authority March 5, 2004 -4- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II " , 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. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized to execute this Verification on behalf of the Plaintiff in my capacity as Operations Manager. (:3 (L) c:;x: J ~ RoO' mooo, Op~",~ Middlesex Township Municipal Authority -. Date: 3-b--OY H5L Haster Record Dump Printed: Monday, Harch 1, 2004 8:59am Pagc: . Account In(o ~c #: 00:04__________ Orp: 01 Lien: _ hap: Dill: _ Pen: _ Rte: 0011-0036 ~rea: 00 1yp: COH E.; ____.00 Ten: _ Spec: I-Ref /: FI; - -== Op:==-_ Dillette Address Last: CAMFGROUND Frs:: CARLISLE HorlL~----- Nm 2; ------- Addr: j075-ll~R!ISDURG PIKE City: CARLlSLi- 51: fA Zip: 110il_-=:_ C;~-=-_ l~n: l___i ___.____ Wrk:717-249-456J S~rvicQ For Address Na: ____________________ __________ 51: lOll nARRl5DURG PIKE ~p: =-_ CC!RLISLE --- St: PA Zip: ~70~3_____ P:___~___ ____ Heier & Financial info Hlr I: 35824611 I Dials: Htr Sze: 1 1/2 rMets~ 01 Ot/Cf:- 0 Hult:__I.OO No 1st:. im:____ Rates SD Codes Step 1 Desc Water: 4 12.,aO COMVTR Sewer: = 5== 24. ~50 COHSIW Acct Plags Readings Nt: No Ow: No Cur: Ho: No Hc: No Prv: r: ~ ~ . iJ":;', Dalance Inf0tmation Water 0~iCer Dal: 1115856 133%.21 Fen: 921.08 6Zj.ZO j".l: 26080.05 EXHIBIT A Transactions hislOrY Irinl~d; Kon~ay, Harch I, 2004 8:59am Page; 5 For aocl 00104 Date Ty Vater 08/07/03 BL 3,308.76 09/03/03 If -18,438.84 09/03/03 II -1,513.04 09/04/03 IE 0.00 09/04/030L 1,796.76 10/06/03 IE 179.68 10/06/03 OL 1,796. n 11/05/03 FE 179.68 11/05/03 OL 1,023.56 12/05{03 IE 202.36 12/05/03 n. 1,569.96 01/06/0418 157.00 01/07/04 OL 2,023.56 01/05/04 IE 202.36 02/05/04 DL ! ,947.96 Sewer 1,628.63 .1,297 .24 -750.88 162.86 892.63 89.26 891.63 89.26 1,003.03 100.30 782.23 78.22 1,001.01 100.30 966.23 Surf Wat Tolal 4,917. J9 -19.736.08 -2,263.92 162.86 2,689.39 268.94 2,689.39 268.94 3,026.59 302.66 2,352.19 235.22 3,OZ6.59 30Z.66 2,914.19 (JOin lefereno! 29,840:.3 2003/07 10,104.35 7866 7,840.43 7866 8,00;19 10,69;.68 DILLIRO 2003/ 10,961.62 13,651.01 DILLING 13,911.95 16,946.54 Z003/10 17 , 249 .20 19,601.39 ZOOl/11 19,8);.61 22,863.20 2003/12 23,165.86 26,080.05 2004/01 "'1 ",' Transactions hi.tOry Printed: ~ondJY, Karch 1, 2001 8:59am Pa8e: 4 For acot 00201 Dati Tf Water Sewer Sorf Vat Total Cper, Reference 01/03/02 IE 187.24 92.94 280.18 19.]00.10 01/03/02 OL 1,313.16 671.83 2,014.99 11,715.99 DILLING 2001/ 02/05/02 PE 131.3 2 67.18 10UO 21,916.59 02/05/02 D1 1,4/8.76 708.63 2.127. H 24,043.98 DILLING 2002/ 03/05102 PE 141.88 70.86 W.74 24,256.72 03/06/02 DL 1,194.36 745.43 2,239.79 26,496.51 DILLING 2002/ 01/04/01 18 149.44 74051 223.98 26,720.49 04/04/02 DL 1,267.56 635.03 1. 902.59 28,623.08 DILLING 2002/ 04/25/02 PI -4,081.60 0.00 -4,081.60 H,541.48 04/25/02 P/ -612.88 -305.52 -918.10 23,643.08 05/06/02 P8 126.70 63.50 190.26 23,8~3,34 05/06/02 DL 1,941.96 966.23 2,914.19 26,727.53 DILLING 2002/ 05/10/02 PI -6,058.04 -179 23 -6,537.27 20,190.26 05/10/02 II -126.76 -63.50 -190.26 20.000.00 06/01/02 IE 0.00 96.62 96.62 10.096.62 06/05/02 DL 2,023.56 1,003.01 3,026.59 23,123.21 DILLING 2002/ 07/05/02 Pi 202.36 100.30 m.66 23,421.87 07/05/02 D1 2,174.76 1,076.63 3,251. 39 26,677.26 DILLING 2002/ 07/05/02 PE 0.00 :07.66 101.66 26,~77. 26 ttt 07/08/02 PY 2,023.56 3,700.37 5,723.93 2c,67? .26 ttt 07/08/02 PI 202.36 196.92 399.28 26,677.26 Ut 07/08/02 IY -4,198.32 ,,:,525.61 -5,723.93 2Gt953.3J 01/08/02 11 -202.36 -196.92 - HU8 20,5.s~ .05 08/04/02 18 270.40 133 .42 403.82 20.554.05 Ht 08/00/02 H 0.00 107.66 107.66 20,661. 71 08/06/02 Py 0.00 "5,892. j4 -5,892.34 14,761.31 08/06/02 PP 0.00 -107.66 -107.66 H,661.7t 08/06/02 DL 2,703.96 1,334.23 4,038.19 18,61".90 DILLING 2002/ 09/04/02 FE m.lo 133.42 403.82 19,10;.72 09/05/02 DL 2,177.16 1,223.83 3,100.99 19,10).72 DILLING 2 ttt fl9/05/02 DL 2,177.16 1,223.83 3,700.99 22,80,.71 DILLI.G 2002/ 09/l3102 /Y -5,181.12 -1,090.41 ..6,271.53 16,53:.18 09/13/02 IP -270.40 .133.42 -103.82 16,129.36 10/03/02 IE 0.00 122.38 122.38 16,251.74 10/04/02 DL 2,477.16 1,m.83 3,700.99 19,952.73 DILLIIG 2002/ 10/18/02 IY -2,177.16 -14,876.03 -17,353.19 2,599. S4 10/18/02 /P O.CO -122.38 -122.38 2,4/7.16 10/31/02 PY 0.00 -2,477.16 -2,177.16 0.00 11105/02 3L 2,OZJ.56 1,003.03 3,W.59 l,02c.59 DILLIIG 10/20 t 1/14/02 IY -2,023.56 - 1,003.03 - J, 026.59 0.00 lZ/06/G2 DL 2,023.56 1,003.01 3,026.59 3.026.59 DILLING 2002/ 01/06/01 FE 202.36 100.30 302.66 3,3n.25 01/06/03 DL 2,855.16 1,407.83 4,262.99 7,592.24 OILLIIG 2002/ 01/07/03 DL 2,023.56 1,003.03 3,026.59 7,594.242003/12 ttt 02/04/03 P: 285.52 140.78 426.30 8,OlU4 C2/07/01 01 ',6B.S6 819.03 2,461.59 IO,4g~.13 DILLING 2003/ 03107103 PK 164.56 81.90 246.46 10,lZU9 03/10/03 OL 1,343.16 671.83 2,014.99 12,744.58 DILLIIG 2003/ 04/04/03 PE 131.32 67.18 201.50 ;2t94~.08 04/08/03 DL 1,343.16 671.83 2,014.99 14,961.01 DILLING 20031 05/00/03 Ig 134.32 67.18 201.50 15,162.57 05/06/03 D1 1,721.16 855.83 2,576.99 17,739.56 DILLIRG 2003/ 06/06/03 3L 2,023.56 1,003.03 3,026.59 20,76l.152003/05 06/01/03 IE 172.12 85.58 257.70 It,O::.85 07/07/03 PE 202.36 100.30 302.66 21 ,3Zt. Sf 07/07/03 DL 2,174.76 1,076.6J 3,251.39 21,577.10200JIJURE 08/01103 PE 217.48 t07.66 325.14 24,9C3.04 r-" ('") \J'\ Q c-:> ~ ';\ U' .; '--_/ ~l - -, c - ~ -. ' ~ -i-' V\ :~ ~'! fi'\ ,'\) V; . ., '- l '- N ~.; , '- "-" " " '" ~ " ""- ~ "'" , 1;:\ . ' '- "^' ~ ~ ~ ~: L,i '-I SHERIFF'S RETURN - REGULAR CASE NO: 2004-01118 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDLESEX TOWNSHIP MUNICIPAL VS CARLISLE MOTEL AND CAMPGROUND VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE MOTEL AND CAMPGROUND INC the DEFENDANT , at 0939:00 HOURS, on the 19th day of March 2004 at 1075 HARRISBURG PIKE CARLISLE, PA 17013 by handing to RAYMOND CASHILL, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: .r;9~~~~ R. Thomas Kline 03/22/2004 SNELBAKER BRENNEMAN SPARE Sworn and Subscribed to before By: f ti: 10 Deputy ~ff me this .23."-<-C day of ~ ~ 00'1 A.D. n ..LL- tJ. Yn.:a-A J ~ Id:" ~othonotary I 77 MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2004-1118 CIVIL TERM CARLISLE MOTEL AND AMPGROUND, INC., Defendant : CIVIL ACTION - LAW Carlisle Motel and Campground, Inc., Defendant 1075 Harrisburg Pike, Carlisle, P A 17013 ate of Notice: April 9, 2004 IMPORTANT NOTICE OU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN PPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE OURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST OU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A UDGMENT MAYBE ENTERED AGAINST YOU WIITHOUT A HEARING AND YOU A Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. OU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO ROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL ERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. I~~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By: Keith O. Bre:nneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc 1075 Harrisburg Pike Carlisle, P A 17013 IJ~1r- Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Date: April 9, 2004 - ~ ~) .....' C=-:'l 0 c=;) :;:~.;: .c- "'-'d T'"" .-< -"'Cl f{~fI~ 7,-1 -nP1 ('.) :CO '7 ~~:1 C) :,"':,.. --..-'.' -T'i ;',5. :~! - C) (-: <:P. (j rn / :::-1 =2 U1 ,. :.;J "" .-<.:. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE !l MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2004-1118 CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., Defendant CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEF AUL T PURSUANT TO Pa.R.C.P. 1037(b) TO THE PROTHONOTARY: Please enter judgment against Defendant Carlisle Motel And Campground, Inc. and in favor of Plaintiff Middlesex Township Municipal Authority in the amount of $26,080.05 together with interest and costs of this action due to Defendant's failure to file within the required time a pleading to the Complaint in this action. A certified copy ofthe Complaint containing a notice to defend was served upon Defendant on March 19, 2004. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant (the party against whom judgment is to be entered) for failure to plead to the Complaint and at least ten days prior to the date ofthe filing of this Praecipe. A copy of the written notice mailed to the Defendant on April 9, 2004 is attached hereto and incorporated by reference herein as "Exhibit A". SNELBAKER, BRENNEMAN & SPARE, P. C. Date: April 26, 2004 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Middlesex Township Municipal Authority LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 11 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, , caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, P A 17013 I~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority Date: April 26, 2004 MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2004-1118 CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : CIVIL ACTION - LAW r-) c' ....' ....~ (' '---~2 ';'~-l TO: Carlisle Motel and Campground, Inc., Defendant 1075 Harrisburg Pike, Carlisle, PA 17013 r" -:. ~o c-:) - , Date of Notice: April 9, 2004 /. C":' , . Ci '-.:.' IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU \!fAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE <\ LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE :AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ' =F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO ?ROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN B: SPARE By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff EXHIBIT.A l,.AW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc 1075 Harrisburg Pike Carlisle, PAl 70 13 , ,I [i IJ~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Date: April 9, 2004 ~ - -b ~~ ^ he.. g. .,.. ~2 -" ;..(\ ;.. ~ ~ ~ ..t) ('. . ~ ...... ~~ ).J}l ~~ r-- . ""'- ...... .. I> MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2004-1118 CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., Defendant CIVIL ACTION - LAW MOTION TO COMPEL RESPONSES TO INTERROGATORIES IN AID OF EXECUTION Plaintiff Middlesex Township Municipal Authority, by its Solicitor, Snelbaker, Brenneman & Spare, P. C., submits this Motion To Compel Responses to Interrogatories in Aid of Execution and in support thereof states the following: 1. Plaintiff Middlesex Township Municipal Authority obtained a judgment against Carlisle Motel and Campground, Inc. on April 26, 2004 in the above-captioned action. 2. On May 21, 2004 Plaintiff served upon Defendant Interrogatories Directed to Defendant in Aid of Execution. A true and correct copy of the aforementioned Interrogatories are attached hereto and incorporated by reference herein as "Exhibit A". A copy of the letter transmitting the Interrogatories to Defendant on May 21, 2004 is attached hereto and incorporated by reference herein as "Exhibit B". 3. On June 28, 2004 Plaintiff's attorney wrote to Defendant requesting that responses be provided to the Interrogatories within seven days of June 28, 2004. A true and correct copy of the aforementioned letter dated June 28, 2004 is attach(:d hereto and incorporated by reference herein as "Exhibit C". LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 4. Defendant has failed to provide responses to the Interrogatories of May 21, 2004. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WHEREFORE, Plaintiff requests this Court to issue an Order compelling Defendant to respond to the Interrogatories or suffer sanctions upon further application of the Plaintiffto the Court. SNELBAKER, BRENNEMAN & SPARE, P. C. Il;lJrl/I/l/'\-- By: Keith O. Brenn'~man, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township Municipal Authority DMe: July 13, 2004 -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. VvrzWL- Keith O. Brenneman DMe: July 13, 2004 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2004-1118 Civil Term CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : CIVIL ACTION - LAW INTERROGATORIES DIRECTED TO DEFENDANT IN AID OF EXECUTION TO: Carlisle Motel and Campground, Inc.. Defendant PLEASE TAKE NOTICE that you are hereby requested pursuant to Pennsylvania Rules of Civil Procedure 400 I, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, answers in writing and under oath to the following Interrogatory. SNELBAKER, BRENNEMAN & SPARE, P. C. I#U~ By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority ate: May 21, 2004 EXHIBIT A LAW OFFICES SNELBAKER. BRENNEMAN & SPARE DEFINITIONS AND INSTRUCTIONS When you are asked to "name" a person or individual, you are to state the first name, last name and any known middle initial for such person or individual. When you are asked to give the address of any person or individual, state the lot number, if applicable, together with street as well as the entire mailing address. INTERROGATOR Y 1. State the name and address of each and every person who is a tenant at the properry of Carlisle Motel and Campground, Inc. located at 1075 HalTisburg Pike, Carlisle, whether or not he tenant presently resides there. NSWER: -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Interrogatories Directed to Defendant in Aid of Execution to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, P A 17013 I I II rju#1/\- Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Middksex Township Municipal Authority ate: May 21,2004 SNELBAKER, BRENNEMAN S SPARE ^ PROFESSIONAl. CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STR.EET MECHANICS BURG, PENNSYLVANIA 1.7055 P O. BOX 318 FACSIMILE (717) 697-7681 R.ICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717-697-8528 May 21, 2004 Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, P A 17013 Dear SirIMadam: Enclosed please find Interrogatories Directed to Defendant In Aid of Execution. Please provide answer under oath to the Interrogatories within thirty days of the date of this letter. Yours truly. Keith O. Brennem~m KOB/sm Enclosure CC: Rory Morrison, Operations Manager (w/enclosure) EXHIBIT B SNELBAKER, BRENNEMAN S SPARE ^ PROFESSIONAL. CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 p, O. BOX 318 FACSIMILE (71n 697-7681 RJCHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717-697-8528 June 28, 2004 Carlisle Motel and Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 Re: Middlesex Township Municipal Authority v. Carlisle Motel and Campground, Inc. No. 2004-1 n8 Civil Term, Cumberland County Dear Sir/Madam: On May 21, 2004 I served upon you Interrogatories in Aid of Execution. The thirty-day time period has elapsed since the time ofthe service of the Interrogatories. This letter will serve to request that you provide me with your responses within seven days of the date of this letter. If! do not receive Answers to the Interrogatories within seven days of the date of this letter, I will obtain a court order directing you to provide those responses. Yours truly, Keith O. Brenneman KOB/sm cc: Rory Morrison EXHIBIT C LAW OFFICES SNELBAKER. BRENNEMAN &. SPARE " CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to Compel Responses to Interrogatories in Aid of Execution to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carlisle Motel and Campground, Inc, 1075 Harrisburg Pike Carlisle, PA 17013 r~~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Middlesex Township Municipal Authority Date: July 13, 2004 Q ,..., (') c:::- e:;;> -n T .- .,::" L. ~ :I '-: j'n:J'"J r- r- -n'Tl -,'it? c..J '-,(- (:::::1 ,_, -,- 'Ti \:) -n C"j , T. c:: f0 '0'1 ..~.- .?, _..J (J,) ~;':J -( -' -.c.;" LAW OFFICES SNELBAKER, BRENNEMAN a: SPARE MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2004-1118 CIVIL TERM v. CARLISLE MOTEL AND CAMPGROUND, INC., Defendant CIVIL ACTION - LAW ORDER AND NOW, this \ s t-l day of ~vll , 2004, upon consideration of Plaintiff's Motion To Compel Responses to Interrogatories in Aid of Execution, it is hereby ORDERED that Defendant Carlisle Motel and Campground, Inc. is to provide responses to Interrogatories Directed to Defendant in Aid of Execution within Z 0 days of the date of service ofthis Order upon Defendant. BY THE COURT: , rJi.ec3;{ 1. i-i ' , ~ -~1 r~ ~ '1r- ~ ~. . { ? '1 \ l[\r ~UU2 LS:\\~~ '" :\0 . . ''dd;!.j-\J. ) U\i.!.q~'l(i~gCl31l:l \ :tQL. MIDDLESEX TOWNSHIP MUNICIPAL : IN THE COURT OF COMMON PLEAS OF AUTHORITY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2004-1118 CIVIL TERM CARLISLE MOTEL AND CAMPGROUND, INC., Defendant : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied upon your docket and indices. SNELBAKER & BRENNEMAN, P. C. ~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Middlesex Township Municipal Authority Date: September 2, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ....., C~ C) ',='_1 -1"1 C..J"l :::1 en N c'