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HomeMy WebLinkAbout04-1495NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. py - /y9S? P.C.S. CHADAGA, t/a and ACTION - EQUITY d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant N O T I C E 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 S. Bedford Street Carlisle, PA 17013 (717)249-3166 BY: By 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jenni er B."Hipp, Esquire Pa. .D._ 86556 Ja es Dg r, Esquire Pa. I.D. N 19475 NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. P.C.S. CHADAGA, t/a and d/bla HARMONY ESTATES MOBILE HOME PARK, Defendant NO. 04-1495 Equity Action. in Equity Admitted. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that John Brownawell, a prior owner of the Harmony Estates Mobile Home Park, caused to be constructed and installed the community on-lot sewage system at the Harmony Estates Mobile Home Park. To the contrary, the current owner had the on-lot sewage system designed and installed. Admitted. g. Denied in part and admitted in part. It is denied that the prior owner installed the on-lot sewage system. It is admitted that the Defendant has operated the sewage disposal system at the Harmony Estates Mobile Home Park. 9. Admitted. 10. Admitted. 11. The allegations set forth in paragraph 11 constitute conclusions of law to which no response is required. Said allegations are therefore denied. 12. Admitted in part and denied in part. It is denied that sewage waste is visible on the ground surface at the Harmony Estates Mobile Home Park. It is admitted that the sewer system at the Harmony Estates Mobile Home Park has experienced some malfunction. 13. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in paragraph 13. Said allegations are therefore denied and strict proof is demanded at trial. 14. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in paragraph 14. Said allegations are therefore denied and strict proof is demanded at trial. 15. It is admitted that Vincent Ethel sent a letter dated January 20, 2003 to the Defendant. Said letter speaks for itself. 16. It is admitted that Lu Hocker wrote a letter dated February 6, 2003 to North Middleton Township which enclosed a fee for a sewage repair permit. It is denied that Lu Hocker failed to submit a completed application. To the contrary, and as the letter states, Ms. Hocker requested that the Township mail the application to her. The Township failed to forward an application to Ms. Hocker. 2 IT The answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that Vincent Elbel and Lu Hocker met at the Harmony Estates Mobile Home Park on April 21, 2003. h. is denied that the Defendant met with Vincent Elbel and Lu Hocker on April 21, 2003 at the Harmony Estates Mobile Home Park to inspect the sewage system. 18. It is denied that the Defendant was present for any meeting at the Harmony Estates Mobile Home Park on April 21, 2003. It is denied that the Defendant on April 21, 2003 acknowledged that the community on-lot sewage system of the Harmony Estates Mobile Home Park was malfunctioning. 19. It is admitted that Lu Hocker wrote a letter dated April 22, 2003. Said letter speaks for itself. It is denied that the letter confirms participation in an inspection of the Harmony Estates Mobile Home Park on April 21, 2003. 20. It is admitted that Lu Hocker wrote a letter dated April 22, 2003. Said letter speaks for itself. 21. Denied. It is denied that the letter written by Lu Hocker established a deadline of November 22, 2003 to complete the installation of the proposed plant. The letter written by Lu Hocker dated April 22, 2003 only provided a time estimate for when the sewer treatment plant would be installed. 22. Denied. It is denied that the Defendant has failed to submit plans for a package plant or other sewage disposal system that would correct any malfunction of the community on-lot sewage system at the Harmony Estates Mobile Home Park. To the contrary, the Defendant has submitted plans for a package sewer treatment plant which have been approved by the Pennsylvania Department of Environmental Protection. 23. Denied. It is denied that the Defendant has failed to take any affirmative step to permanently ameliorate the past malfunction of the Harmony Estates Mobile Home Park community on-lot sewage system. To the contrary, the Defendant has had a sewage treatment plant designed, received approval from the Department of Environmental Protection and has entered into construction contracts for that work to be done. Additionally, the Defendant has submitted to the Township an application for a building permit and is awaiting the Township's review of that application. 24. Denied. It is denied that the on-lot sewage systern is currently malfunctioning at the Harmony Estates Mobile Home Park. The Defendant is not currently using a failed septic system. The septic tanks at the Park are regularly pumped out and that has eliminated the possibility of any threat of pollution. 25. Denied. It is denied that the community on-lot sewage facility system poses a health threat to the residents of the Harmony Estates Mobile Home Park or to residents of North Middleton Township. It is denied that the defendant is currently utilizing a malfunctioning septic system. Steps have been taken by the Defendant to ensure that the sewage waste is regularly pumped out of the tanks and hauled to an appropriate location. 26. The allegations set forth in paragraph 26 constitute conclusions of law to which no response is required. Said allegations are therefore denied. 27. The allegations set forth in paragraph 27 constitute conclusions of law to which no response is required. Said allegations are therefore denied. It is denied that there is sewage surfacing on the ground level or that any unsanitary condition exists at the site. Furthermore, there is no threat of immediate or irreparable harm to residents of the Harmony Estates Mobile Home Park or to residents of North Middleton Township. 28. Denied. It is denied that the community on-lot sewage system located at the Harmony Estates Mobile Home Park has a history of malfunctioning. COUNTI 29. No response required. 30. The allegations set forth in paragraph 30 constitute conclusions of law to which no response is required. By way of further answer, an order directing the Harmony Estates Mobile Home Park to cease operating as a residential home park rental community would be inappropriate given the fact that the Defendant has actively taken steps to have a sewage treatment plant constructed at the Park and there is no threat of immediate harm to the residents of Park or citizens of the Township. 31. The allegations set forth in paragraph 31 constitute conclusions of law to which no response is required. By way of further answer, the facts of this case would not entitle the Plaintiff to a mandatory injunction ordering that the Harmony Estates Mobile Home Park cease operating as mobile home park rental community. WHEREFORE, the answering Defendant respectfully requests that the Plaintiff's Complaint be dismissed with prejudice. 5 NEW MATTER 32. The Defendant has taken affirmative steps to install a package sewer treatment plant at the Harmony Estates Mobile Home Park. He has entered into contracts for the necessary equipment and for the construction of an appropriate sewer facility at the Mobile Home Pazk. The sewer treatment plan has been approved by the Pennsylvania Department of Environmental Protection and an application for a building permit has been submitted to North Middleton Township. 33. There is no threat of immediate and irreparable harm to residents of the Mobile Home Park or citizens of the township. The septic tanks at the Park are regularly pumped out, and therefore there is no current failure of the septic system. Respectfully submitted, APPEL & YOST LL,r By.? William J. q rY, r Attorney #317 Attorneys for Defendants 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 VERIFICATION I verify that the averments made in the foregoing document are true upon my personal knowledge or information and belief. I understand that false statements herein are made subject to the Penalties of 18 Pa. C.S. Section 4904 relating to unswona falsification to authorities. Wq?? - -' P-C S. CHADAGA Dated: I I? ? `' 7,oo4- NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant IN THE COURT OF COMMON PLEAS OF CLTM13ERLAND COUNTY, PENNSYLVANLS NO. 04-1495 Equity Action in Equity CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 1027. Service b first class mail addressed as follows: Jennifer B. Hipp, Attorney-at-law James D. Bogar, Esq. One West Main Street Shiremanstown, PA 17011 APPEL & POST LLP By.? William J. Cagsi , Jr. Attorney #31724 Attorneys for Defendants 33 North Duke Street Lancaster, PA 1.7602 (717) 394-0521 ?1 N C7 cry -T1 t,.._ - ? f-.. _ _ -F1 ?il_ ( '- ' .1 fGl ;C1? _ a' '3< 7 ` .< ^7 `" " " :-1 , _- `.J O .: NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CAMM ACTION - EQUITY COMPLAINT North Middleton Township, Plaintiff, by and through its Solicitors, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, respectfully represents as follows: 1. Plaintiff, North Middleton Township, is 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 2051 Spring Road, Carlisle, Pennsylvania 17103. 2. Defendant, P.C.S. Chadaga, is an adult individual with a mailing address of 110 Inverness Drive, Blue Bell, Pennsylvania 19422. 3. Defendant, P.C.S. Chadaga, is the owner of the Harmony Estates Mobile Home Park located on Coral Drive, off of S.R. 74, in North Middleton Township, Cumberland County, Pennsylvania. A copy of the deed conveying ownership of the Harmony Estates Mobile Home Park to Defendant is attached hereto, marked as Exhibit "A", and incorporated herein. 4. The Harmony Estates Mobile Home Park is a mobile home park rental community. 5. Defendant operates a community on-lot sewage system at the Harmony Estates Mobile Home Park to care for the sewage waste needs of the residents of the Harmony Estates Mobile Home Park. 6. The prior owner of the Harmony Estates Mobile Home Park, John Brownawell, caused to be constructed and installed the community on-lot sewage system at the Harmony Estates Mobile Home Park. 7. As part of the community on-lot sewage system, there are two (2) elevated sand mounds which are approximately twenty- five (251) feet by one hundred (1001) feet in size. 8. Since purchasing the Harmony Estates Mobile Home Park, Plaintiff has continued to operate the sewage disposal system at the Harmony Estates Mobile Home Park as installed by the prior owner. 9. Residents of the Harmony Estates Mobile Home Park rely upon the community on-lot sewage system as operated by Defendant for the proper and sanitary disposal of their sewage waste. 2 10. The Harmony Estates Mobile Home Park is not served by public sewer. 11. Plaintiff is responsible for the enforcement of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1, et. sea. (hereinafter the "Act"), in addition to any and all regulations adopted pursuant to the Act. 12. Defendant's sewage system has been failing such that the elevated sand mounds located at the Harmony Estates Mobile Home Park are malfunctioning and sewage waste is visible on the ground surface. 13. North Middleton Township received complaints from Township residents in early January, 2003, that Defendant's sewage system was malfunctioning and sewage waste was visible on the ground surface. 14. In early January, 2003, pursuant to those Complaints, Vincent Elbel, S.E.O., North Middleton Township, inspected the Harmony Estates Mobile Home Park and determined that a severe malfunction of the sewage system was occuring. 15. On or about January 20, 2003, Vincent Elbel, S.E.O., sent correspondence to Plaintiff informing Plaintiff that the Harmony Estates Mobile Home Park sewage system was severely malfunctioning and recommended that Plaintiff obtain a sewage 3 repair permit to ameliorate the problem. A copy of Mr. Elbel's correspondence is attached hereto, marked Exhibit "B", and incorporated herein. 16. On or about February 6, 2003, Lu Hocker issued correspondence to North Middleton Township enclosing the required fee for a sewage repair permit, but failed to submit the completed permit application. A copy of Ms. Hocker's correspondence is attached hereto, marked Exhibit "C" and incorporated herein. 17. On or about April 21, 2003, Vincent Elbel met with Defendant and Lu Hocker, Senior Property Manager, Property Management, Inc., an agent of Defendant, at the Harmony Estates Mobile Home Park to inspect the malfunctioning sewage system. 18. During the April 21, 2003 inspection, Defendant acknowledged that the community on-lot sewage system of the Harmony Estates Mobile Home Park was malfunctioning. 19. On or about April 22, 2003, Lu Hocker issued correspondence to Vincent Elbel, S.E.O., confirming that she participated in an inspection of the Harmony Estates Mobile Home Park with Mr. Elbel on or about April 21, 2003. A copy of Ms. Hocker's correspondence is attached hereto, marked Exhibit "D" and incorporated herein. 4 20. Further, in her April 22, 2003 correspondence, Ms. Hocker stated that Defendant had hired an engineering firm to design a "package plant" for the property, the design and installation of which was to be completed within five (5) to seven (7) months. 21. Pursuant to the correspondence dated April 22, 2003 from Ms. Hocker to Mr. Elbel, the redesigned "package plant" should have been installed no later than November 22, 2003. 22. Defendant failed to submit plans for a package plant, or other sewage disposal system, that would correct the malfunctioning community on-lot sewage system at the Harmony Estates Mobile Home Park. 23. Defendant has failed to take any affirmative steps to permanently ameliorate the severe malfunction of the Harmony Estates Mobile Home Park community on-lot sewage system. 24. To date, the community on-lot sewage system at the Harmony Estates Mobile Home Park continues to malfunction. 25. A malfunctioning community on-lot sewage facility system poses a health threat to the residents of the Harmony 5 Estates Mobile Home Park and to residents of North Middleton Township who reside and/or own property located near the Harmony Estates Mobile Home Park. 26. Plaintiff is without an adequate remedy at law to ensure that Defendant will ameliorate the severe malfunction of the Harmony Estates Mobile Home Park community on-lot sewage system. 27. A malfunctioning community on-lot sewage facility system poses the threat of immediate and irreparable harm to the residents of the Harmony Estates Mobile Home Park and to the residents of North Middleton Township who reside and/or own property located near the Harmony Estates Mobile Home Park because of the unsanitary condition of sewage surfacing on the ground level. 28. The community on-lot sewage system located at the Harmony Estates Mobile Home Park has a history of malfunctioning that dates back to the early 1990s. 6 COUNT NO. 1 PETITION FOR MANDATORY INJUNCTION 29. The averments of Paragraphs 1 through and including 29 hereinabove are incorporated herein by referenced thereto. 30. A mandatory injunction ordering that the Harmony Estates Mobile Home Park cease operating as a residential mobile home park rental community is appropriate based on Defendant's refusal and failure to permanently ameliorate the severely malfunctioning community on-lot sewage disposal system that services the Harmony Estates Mobile Home Park. 31. Plaintiff is entitled to the issuance of a mandatory injunction ordering that the Harmony Estates Mobile Home Park cease operating as a mobile home park rental community pursuant to Section 750.12(a) of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.12(a). 7 WHEREFORE, North Middleton Township respectfully requests that this Honorable Court: A. Enter an order in the nature of a mandatory injunction directing and ordering that P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park cease the operation of the Harmony Estates Mobile Home Park, as a residential mobile home park rental community; and B. Order Defendant to pay Plaintiff's costs and expenses in this action, including, but not being limited to, its reasonable solicitor's fees and expenses; and 8 C. Grant such other and further relief as may be deemed necessary and appropriate to effect full relief to the Plaintiff. Respectfully submitted, NORTH MIDDLETON TOWNSHIP Dated: April 8, 2004 BY: Jenni e B H4 Esquire One Wes Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 BY: q? tg 4L/ James Boga squire One West Main St eet Shiremanstown, ennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 Solicitors for North Middleton Township 9 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. Section 4904, relating to unsworn falsification to authorities. NORTH MIDDLETON TOWNSHIP DATE: April 8, 2004 ?f Z?? , Deborah A. Ealer Township Manager NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of the Complaint filed by Plaintiff in the above-captioned matter was served upon Defendant, P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park, by forwarding a copy thereof to Matthew G. Guntharp, Esquire, Attorney of record for Defendant to the following address, by First Class United States Mail: Matthew G. Guntharp, Esquire Appel & Yost, LLP 33 North Duke Street Lancaster, PA 17602 Dated: April 8, 2004 By: Jw,j j, , Jenne er B. Hi p, Esquire Pa. D. No. 86556 By: Jam s D. BO r, Esquire Pa. I.D. No. 1 475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Exhibit A 11e1 o([o V SL Att ]TAT( t[Gl 1VMlY LORI, I]I1 MM ]f., IX,ItOIVM,.\ IA, IIIOI UT J I/n.lr Ifrv 2,1 ? H .`1e.o Ja ^' ber dng of , in flrr rtrnr Vb,ef...... ArraJrn/ and eighty-two (1982) 16 irh11rot JOHN O. BRCWNAWELL and JANE BBCWNAWELL, his wife, of 6061 Edwaris Drive, Mechanicsburg, Pennsylvania, A N D GRANTORS P.C. SEKHAR CHADAGA, OF R. D. 4, Pottsville, PA Ai?Ef1TrSSCflif That in ronsideration, of Two Hundred Fifty Thousand (5250,000.00) Dottar.s, Ar Ir[rn(/ paid, the rrrclpt whereof is hereby acknoteledged, the said grantor Wo hrr.•by ytrnnl «nd ro,[rey to thr wdd grantee . his heirs and as.vigns, ALL THAT CERTAIN lot or tract of land situate in North Middleton Township, Cumberland CountyR,.erfnsyl.vania, more particularly '}founded and described as fo}ldw9, t0' wit:'. BEGINNING at a point in th;e centerline of PA Rt. 74 at line of lands N/F-of Chadlles E. King as shown, on-a-flan of recording, recorded in Plan Book 26. at page 145; thence by the centerline of PA Rt. 74South thirty-nine (39) degrees thirty-nine (39) minutes zero (00) seconds East seventy-seven and sixty-five hund- redths (77.65) feet to a point on line of lands of John O. Browne- well; thence by aforementioned lands South fifty (50) degrees two (02) minutes zero (00) seconds west one hundred fifty-two and eighty-six hundredths (152.86) feet to a point; thence by same South eighty-five (85) degrees thirty (30) minutes forty-two (42) seconds '.Jest two hundred fifty-four and forty-four hundredths (254.44) feet to a point; thence by same South twenty-nine (29) degrees forty-nine (49) minutes zero (00) seconds West five hund- red seventy-seven and forty-three hundredths (577.43) feet to a point on line of lands of Gerald D. Regi; thence by aforemen- tioned lands North sixty-eight (68) degrees five (05) minutes zero (00) seconds West six hundred thirty-eight and ninety-four hundredths (638.94) feet to a point on line of lands of Vernon E. Wickard: thence by aforementioned lands North forty-one (41) degrees forty-seven (47) minutes zero (00) seconds East eight hundred sixty-eight and eighty-nine hundredths (868.89) feet to a point on line of lands of Charles E. King; thence by afore- mentioned lands South fifty-six (56) degrees thirty-three (33) minutes eighteen (18) seconds East fivehundred eighty-six and fifty-eight (586.58) feet to a point; thence by same North forty- eight (48) degrees fifty-seven (57) minutes zero (00) seconds East one hundred seventy-six and five hundredths (176.05) feet to a point being the Place of BEGINNING. 8007 29 P.SCE 549 C CONTAINING 10.467 acres and being designated as Lot No. I on a final subdivision plan for John O. Brownawell prepared by Gerrit J. Betz Associates, Inc., dated August 19, 1982 and revised Sep- tember 15, 1982. Said plan is found of record in the Cumberland County Recorder's Office in Plan Book Y2 , at page 7 Z IT BEING a portion of the same premises which John O. Brownawell and Jane Brownawell, his wife, by their deed dated December 6, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W 25, at page 813, granted and conveyed unto John 0. Brownawell and Jane Brownawell, his wife, Grantors herein. IT ALSO BEING a portion of the same premises which Ma Jorie L. Brownawell, single woman, by her deed dated January 31, 1969, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book C 23, at page 287, granted and conveyed unto John O. Brownawell and Jane Brownawell• his wife, Grantors herein. rown6AJp a ??1 //lam-.;1? U-?? Curl T Co., Pa. &IboJ UR 6a;b. CD., PA. Tnnshr Taf 1% R"I Este Transfer TiM O H L-,._4. Du LAS" COL ACL . C=6b C& DW."jgL ? CC:.:MCAWEALTH OT FZPJNSYG:•01A = °• DEPARTMENT OF REvE: J'JE REA LTY I& PAIMER TAX SEP27-12 ° 1!^..IIIf2 ?? OF PENNS'TJ4:r"A = CEPA-F,-?tNr nF F.FVFN:IE _ r[r._:• r-`L? ?7 TAX $027 0 0. 0 0II es.we L.____f = ` CUMT,:ONV/EALTH '_,} PENNSYLVANIA. C DEPARTMENT OF R::'frd;•E PFA11Y ???•.?'.r?;?? TAAgsffO ? 7A% ' nat \? 7 O O. 0 01- ° 16.111,2 Yr I L a - - ~ r m N Y ` 800KX 29 PACE 550 4 I 1111 thr said ¢m,(nr du hrreby warrant the proprrty hereby eonreyed. ,-:In C1117illrss 11111rrrllf, wid erantor ha hereunto met hard and serd the rlnt/ arrd it""r first share written. .$fiyv eJ, Senlrl nnl ?7<liverel , •?n !lw ?J rea enre of II A/ John 0. well .__.? Jane Br6Wnawell uu\nsunly e.sltlt of 13 rnnspthonttin as. Lnunkv of YD,K nn Nr G, th,. ,Z Yih dnq „( $npi'. 1982 , hr/un• mr nrr• unrlrr.i an rd a/lirrr. ,r,.r+n,rr,np npluv.rrd joh.r ... 6'raw?,.rclt >..d ?p,.t (3ia..r.r.rwtr, _ kn+runtr. rrrr(rn.n/is(,u lurily/,rurvrrlln hr fhr prr+nn u•h..u.rrrarr .n,h.•rriA•i'lfu'//L. iril'Ilfm,a..,< r.ra ro....vr 1. rrnr/ rmkrrnvh•./nrr! Nrrrl Irr r. r.nfr,/ fhr ..+nrnr (nr fhr parpo.+r fhrrri n'.y,-nirij.rCrFlf ";.?? ,°c Id' II./LPg3.c II'11PW,'0F. 1 har, hnrrrnb, .•rr m/, hn.vl r nr/ .va7= ? orA,. MY COMI.irsam.. ?M? r..y? y?.CrC.•..n ;. AUGUST 32. 1995 p r ?_,',` S•`,. YORK. YORK COUNTY, Pb `, -?r.'-.?;••.::': ??? 4.o n\monmrnl}It of :1Jnmeklvnuin ?tl\I \\k? DF Cn, (h L., fhr• dm, u/ 1Cr hrv(r.rrv me nr.....rdrwlp,,ed rgll rrr, p-.....aM„ „ppra.r,/ known h,rnr(orsafl.(nrluriltr,rro.rrr lar lrr• fhr /r.•r.+rrre •h,,., mm?r .•rrhrr•ri Lrrf l+r 1h,, Ivithin ,mtninrd. irvr rrrmro t, amf nrA r...... r!?rrl f/ral lrr r,rrrrrtrd the .mnrr f,rr fhr propasr fhrrri,, 1.1 11ITS85.C II116NFtl F, / tune herrrnrfo .•rf „rq hand and ".I. 17rrrbu @C.r7fIFp that the prey Ida"ss uf r errnrfrr Iferrin i.v ?? 7sc,:?l? r?r7yor soox 29 vzcf 551 C J 2S/t?? Exhibit B Feb. 3. 2004 WPM No.''26 P. 4 Vincent C. Efbei DAR Cortifled Sewage Enforoement Officer 1408 Lakeshore Drive - Chambersburg, Pa. 17201 Phone (717) 20M120 20 January 03 P.C.S.Chadaga 110 Inverness Drive Blue Bell, Pa. 19422 Re: Harmony Estates Mobile Nome Park looated off Coral Drive North Middleton Township, Cumberland Co. Penns. Dear Sir, North Middleton Township recently received a complaint that the elevated sand mounds located on the above referenced property were malfunctioning to the ground surface. During a recent inspection, a severe malfunction was observed. At this time we are asking that you go to the Township Office, located at 2051 Spring Road, Carlisle, Pa.,to apply for a sewage repair permit. After such time, I will be In contact with you to arrange a time when we can most on site to evaluate the malfunction, and determine what needs to be done to either repair or replace these sand mounds. Failure to comply within 30 days of receipt of this notice will result in immediate legal action to abate this public nuisance. If you have any questions, please feel free to call. Sincerely, e ?p Vincent Ebel, SEO North Middleton Township Cc: North Middleton Township r Exhibit C I P • 3. 2004 4: 8PM N I Property Management, Inc. Property Management, Inc. RA. Box 622 1300 Market Street, Suite 201 Lemoyne, PA 17049.0922 Phone: (717) 730-0141 Fax: (717)730,4140 I&A out Web hp a urww.;*4; it. to February 6, 2003 North Middleton Township 2051 Spring Road Carlisle, PA 17013 Re: Harmony Estates Coral Drive, Carlisle Dear Sir or Madam: NO-1)26 F. 5 ACCREDITED MANAGEMENT ORGANIZATION® M FfB 1 1003 $Y, Enclosed please find a check in the amount of $80.00 for a Sewage Repair Permit. Please mail the permit application to my attention at the address shown above. if you have any questions, please do not hesitate to contact me. Very truly yours, PROPERTY MANAGEMENT, INC. Lu Hocker, ACM Senior Property Manager Manufactured Homes Exhibit D MAR-31-04 03:42 PM VINCENT ELHEL 263 6120 P.01 ,f t 7 ;% i `i anagement, Inc, A-aril 22, 2003 V scent C. Elbel N arth Middleton Township 2151 Spring Road C irlisle, PA 17013 R r, Harmony Estates Coral Drive, Carlisle D gar Mr. Elbel: By;. r- f ?7 L. ?' e.. ' S 11 ))? CIrIY?1.15) .! q V y? F.tllowing our meeting this morning at the above referenced s re, we contacted the property owner and are pleased to inform you that Spotts, Stevens and McCoy are designing a "i)ackage plant" for the property. The estimated time of irstallation from today is five to seven months. Additionally, we are making arrangements to inspect the it terior plumbing of the residents' homes, and will be c mtacting Ken Peck to Increase the pumping cycle. I; yuu have any questions, please do not hesitate to contact n.e. V:3ry truly yours, P'1CPERTY MANAGEMENT, INC. L,a Hocker, ACM Manufactured Homes 100 Market Street • PO Box 622 6 Lemoyne. Pennsylvania • 17043-0622 • (717) 7304141 _, CL CJ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE CIVIL ACTION- EQUITY NORTH MIDDLETON TO PlamHIf No. 04-1495 Equity vs. p.C.S. CHADAGA, t/ a and d/b/ a HARMONY ESTATES MOBILE HOME PARK, Defendant. RANCE PRAECIPE FOR ENTRY OF AP'PEA TO THE PROTHONOTARY: Appel & Yost Cassidy, Jr., Esquire and App Kindly enter the appearance of William J• p on behalf of Defendant in the above-captioned action. Please serve all papers to 33 LL , North Duke Street, Lancaster, PA 17602. APPEL & POST LLP BY:?-? r Esq W illiam J • Cas J Attorney I.D. No. 31724 Attorneys for Defendant 33 North Duke Street Lancaster, PA 17602 (717)394-0521 U Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- EQUITY NORTH MIDDLETON TOWNSHIP Plaintiff, Vs. No. 04-1495 Equity P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the Praecipe for Entry of Appearance was served by first class mail upon the following: Jennifer B. Hipp, Esquire James D. Bogar, Esquire 1 West Main Street Shiremanstown, PA 17011 APPEL & YOST rr.P C BY: William J.< sidy, Jr., EQta-J Attorney I.D. No. 31724 Attorneys for Defendant 33 North Duke Street Lancaster, PA 17602 (717)394-0521 Dated: .,. c'? ?., .. ?, ?? --?, ??; ?% !._ S-" -T _:.._ ,;' G> Ca .. ?r 0 '_, .,, ?,? --,r ' ? C7 ?'? . =r0 `,. ??Y NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1495 EQUITY ACTION - EQUITY ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park and certify that I am authorized to do so. April/5 , 2004 V??C? William J. L s idy, Jr? q 'r \ APPEL & YOS 33 North Duke Street Lancaster, PA 17602 ri N o L1 r -a r7 -yy ?: N a 'S NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1495 Equity Action in Equity Preliminary Objections to Complaint Defendant, by his attorneys Appel & Yost LLP, and pursuant to Pa. R.C.P. 1028(a)(4), hereby makes the following preliminary objections to the Plaintiff s Complaint: Plaintiff's complaint alleges that Defendant operates a community on-lot sewage system at Harmony Estates Mobile Home Park, and that said system is malfunctioning. 2. Plaintiff's complaint seeks a mandatory injunction ordering Defendant to cease operation Harmony Estates Mobile Home Park as a residential mobile home park community based on Defendant's alleged "failure to permanently ameliorate the severely malfunctioning community on-lot sewage disposal system" [Complaint ¶ 30]. 3. Plaintiff's Complaint cites Section 12(a) of the Pennsylvania Sewage Facilities Act (the "Act"), 35 P.S. § 750.12(a), as the sole legal basis for its entitlement to a mandatory injunction ordering Defendant to cease operating the mobile home park community. 4. Plaintiff s complaint makes no allegations that the system was installed, constructed, altered, repaired or operated without a permit, as required by Section 7 of the Act, 35 P.S. § 750.7. 5. Plaintiffs complaint alleges no other facts which would support any claim of violation of Section 7 of the Act, 35 P.S. § 750.7. 6. Section 12(a) of the Act states, in pertinent part: "Any local agency or any municipality which is a member of a local agency shall have the power to institute suits in equity to restrain or prevent violations of section 7 of this act occurring within the jurisdiction or corporate limits of said local agency or municipality." 35 P.S. § 12(a) [emphasis added]. Plaintiffs complaint is beyond the scope of equity actions authorized by Section 12(a) of the Act, because the action does not seek to restrain or prevent a violation of Section 7 of the Act, based upon the factual allegations of the complaint, and the complaint is therefore legally insufficient. 8. Plaintiffs complaint is beyond the scope of equity actions authorized by Section 12(a) of the Act, because the action seeks a mandatory injunction and Section 12(a) of the Act authorizes actions only to restrain or prevent a violation of Section 7 of the Act, i.e., a prohibitory injunction, and the complaint is therefore legally insufficient. 9. As a matter of law, no provision of the Act authorizes Plaintiff to obtain a mandatory injunction ordering a property owner to cease operating a residential rental community. WHEREFORE, Defendant requests the Honorable Court to sustain these preliminary objections and dismiss the Plaintiffs Complaint. Respectfully submitted, APPEL & YOST LLP By: William J. Cassidy, Jr., Esq. Attorney #31724 Robert W. Hallinger, Esq. Attorney #37066 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Preliminary Objections upon the persons and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 1027. Service by first class mail addressed as follows: Jennifer B. Hipp, Esq. James D. Bogar, Attorney-at-Law One West Main Street Shiremanstown, PA 17011 Date: ?o-Qy APPEL & YOST BY: Robert W. Hallinger Attorneys for Defendant 33 North Dul'ce Street Lancaster, PA 17602 (717) 394-0521 4 N n 0 r ? C!1! D m O N `...7 NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1495 P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE CIVIL ACTION - EQUITY HOME PARR, Defendant PLAINTIFF NORTH MIDDLETON TOWNSHIP'S PRAECIPE FOR LISTING CASE FOR ARGUMENT 1• State matter to be argued: Defendant P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park's Preliminary Objections to Plaintiff North Middleton Township's Complaint and Plaintiff's Answer to Defendant's Preliminary Objections. 2. Identify counsel who will argue case: (a) for Plaintiff: James D. Bogar, Esquire and Jennifer B. Hipp, Esquire One West Main Street, Shiremanstown, PA 17011 Telephone number: (717) 737-8761 (b) for Defendant: Matthew G. Guntharp, Esquire and William J. Cassidy, Jr., Esquire Appeal & Yost, LLP 33 North Duke Street, Lancaster, PA 17602 Telephone number: (717) 299-9781 3. We will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: June 9, 2004 Respectfully submitted, NORTH MIDDLETON TOWNSHIP Dated: May 19, 2004 7 BY: Jenn Kipp, Esquire One Wes Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 BY: 4,? James B?? squire One West Main eet Shiremanstown, Pennsylvania 17011 (717) 737-8761. Supreme Court ID No. 19475 Solicitors for North Middleton Township 2 NORTH MIDDLETON TOWNSHIP, Plaintiff V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1495 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE On this date we do swear and affirm copy of Plaintiff North Middleton that a true and Case for Argument in Townships Praecip correct Defendant, . the above-captioned matter wass for Listing P.C S. in e Park, by forwarding t/a and d/b/a Harmon Estates upon Esquire, and William g a COPY thereof to Matthewes Mobil record for Defendant j. Cassidy, Jr., Esquire G Guntharp, United to the followin attorneys of States Mail as follows: g address, by First Class Matthew G. Guntharp, Esquire William J. Cassidy, Jr., Esquire Appel & Yost, LLP 33 North Duke Street Lancaster, PA 17602 Dated: May 19, 2004 BY: ? Je4i?e B. Hipp, Esquire P I.D. No. 86556 B r . James D. B g,Esquire Pa. I.D. N475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1495 P.C.S. CHADAGA, t/a and : CIVIL ACTION - EQUITY d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant PLAINTIFF NORTH MIDDLETON TOWNSHIP'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION North Middleton Township, Plaintiff, by and through its Solicitors, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, respectfully make the following Answer to Defendant P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park's Preliminary Objection to Complaint as follows: 1. Admitted. By way of further answer, Defendant operates a community on-lot sewage system at the Harmony Estates Mobile Home Park which is severely malfunctioning such that sewage waste has been and may continue to be visible on the ground surface. 2. Admitted in part, denied in part. It is admitted that Plaintiff North Middleton Township seeks a mandatory injunction directing and ordering Defendant to cease the operation of the Harmony Estates Mobile Home Park as a residential mobile home park rental community. It is denied that Plaintiff North Middleton Township seeks only a mandatory injunction. By way of further answer, Plaintiff North Middleton Township's Complaint also requests that this Honorable Court "grant such other and further relief as may be deemed necessary and appropriate to effect full relief to the Plaintiff," which contemplates that this Honorable Court might order and direct Defendant to ameliorate the severely malfunctioning community on-lot sewage system by replacing that system with a system that functions properly and does not pose serious health, sanitary and/or environmental threats to the residents of the Harmony Estates Mobile Home Park. 3. Denied. By way of answer, Section 7 of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1, gt sea. (hereinafter the "Act"), cites to Department of Environmental Resources rules and regulations as contained in the Pennsylvania Code. By way of further answer, Chapter 73 of Title 25 of the Pennsylvania Code sets forth standards for on-lot sewage treatment facilities and contains rules and regulations applicable to "sewage enforcement officers administering the [Act], as well as to persons installing individual on-lot sewage systems or community on-lot sewage systems as defined in this chapter." 25 Pa. Code § 73.2 (emphasis added). By way of further answer, the rules and regulations contained in Chapter 73 of Title 25 of the 2 Pennsylvania Code were issued and adopted pursuant to Section 9 of the Act. See 35 P.S. § 750.9. 4. Admitted in part, denied in part. It is admitted that Plaintiff North Middleton Township does not allege in its Complaint that Defendant's community on-lot sewage system was installed, constructed, altered, repaired or operated without a permit. It is denied that Section 7 of the Act requires that a municipality seeking amelioration of a severely malfunctioning community on-lot sewage system set forth that the system was installed, constructed, altered, repaired or operated without a permit. Rather, by way of further answer, Section 7(b)(6)(v) of the Act sets forth that If permittee has violated the rules and regulations of the [Department of Environmental Resources of the Commonwealth of :Pennsylvania] under which the permit was issued,, the permit shall be revoked. Such action shall be taken after notice and opportunity for hearing has been given to permittee. Id. at § 750.7(b)(6)(v), By way of further answer, revocation of the Defendant's permit and, thus, ability, to operate its community on-lot sewage system would result in the inability of Defendant to operate the residential mobile home park rental community because there are no alternative measures available for the residents of the 3 Harmony Estates Mobile Home Park for the sanitary, healthy and safe disposal of sewage. 5. Denied. By way of answer, Plaintiff North Middleton Township sets forth that its authority to proceed with its Complaint is found in Section 7(b)(6)(v) of the Act, 35 P.S. § 750.7(b)(6)(v), and further supported by the Department of Environmental Resources' rules and regulations as set forth hereinafter: a. Section 73.11(c) of Chapter 25 o]` the Pennsylvania Codes sets forth that A sewage system may not discharge untreated or partially treated sewaoe to the surface of the around or, into the waters of this Commonwealth . . . (emphasis added) 25 Pa. Code § 73.11(c). b. Section 73.11(f) of Chapter 25 of the Pennsylvania Code sets forth that the "discharge of inadequately disinfected effluent . . . shall constitute a nuisance." Id. at § 73.11(f). C. Included in the term "sewage facilities" or "sewage system" is a "community sewage system." Id. at § 73.1 (definition of "sewage facilities"). 4 d. A "community sewage system" is defined as a sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site. Ids at § 73.1. e. A "community on-lot sewage system" is defined as a community sewage system which uses a system of piping, tanks or other facilities for the collecting, treating and disposing of sewage into a soil absorption area or retaining tank. Id. at § 73.1. f. Section 7(b)(6)(v) of the Act setts forth that if an operator of a community on-lot sewage facility has "violated the rules and regulations" of the Department of Environmental Resources that the permit and, thus, ability, to operate the community on-lot sewage system be revoked. See 35 P.S. § 750.7(b)(6)(v). 6. Admitted. By way of further answer, Section 8(b)(7) of the Act, 35 P.S. § 750.8(b)(7), sets forth that each municipality shall have the power and duty "to proceed under Section 12 of the 5 Act [Id. at 750.12] to restrain violations of this Act and the rules and regulations adopted hereunder." 7. Denied. By way of further answer, Section 12(a) of the Act, Id. at § 740.12(a), sets forth that a municipality shall have the power to institute suits in equity to restrain or prevent violations of Section 7 of the Act (Id. at 750.7). A violation of Department of Environmental Resources rules and regulations would constitute a violation under Section 7. By way of further answer, Section 12(d) of the Act: provides that, in certain circumstances, a mandatory preliminary injunction may be issued, which clearly sets forth that a municipality has the authority to, without an initial hearing, request that a Court order a residential mobile home park rental community to cease operation as such. Id. at 750.12(d). 8. Denied. By way of further answer, not only does Plaintiff North Middleton Township's Complaint seek an Order directing Defendant to cease the operation of the Harmony Estates Mobile Home Park as a residential mobile home park rental community, North Middleton Township's Complaint asks that this 6 Honorable Court "grant such other and further relief as may be deemed necessary and appropriate to effect full relief to the Plaintiff," which contemplates that this Honorable Court might order and direct Defendant to ameliorate the severely malfunctioning community on-lot sewage system by replacing that system with a system that functions and does not pose serious health, sanitary and/or environmental threats to the residents of the Harmony Estates Mobile Home Park. 9. Denied. By way of further answer, the Act does not distinguish between mandatory or preliminary injunctions, but rather bestows on a municipality the authority to proceed in equity to restrain or prevent violations of Section 7 of the Act. See 35 P.S §§ 750.12(a) and 750.7. 7 WHEREFORE, Plaintiff North Middleton Township requests that this Honorable Court overrule Defendant's Preliminary Objections. Respectfully submitted, NORTH MIDDLETON TOWNSHIP Dated: May 19, 2004 BY: ?4 Jennifer B. UPID, Esquire One Wes Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court: ID No. 86556 BY //? l? James D. Boga , squire One West Main eet Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 Solicitors for North Middleton Township 8 NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1495 P.C.S. CHADAGA, t/a and CIVIL ACTION - EQUITY d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct Copy of Plaintiff North Middleton Township's Answer to Defendant's Preliminary Objection in the above-captioned matter was served upon Defendant, P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park, by forwarding a copy thereof to Matthew G. Guntharp, Esquire, and William J. Cassidy, Jr., Esquire, attorneys of record for Defendant to the following address, by First Class United States Mail as follows: Matthew G. Guntharp, Esquire William J. Cassidy, Jr., Esquire Appel & Yost, LLP 33 North Duke Street Lancaster, PA 17602 Dated: May 19, 2004 By: i Jennif r B? Hipp, Esquire Pa. I. D. 86556 By: Jam S D. Boga , Esquire Pa. I.D. No. 75 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 NORTH MIDDLETON TOWNSHIP V. P.C.S. CHADAGA, t/a and d/b/a HARMONY ESTATES MOBILE HOMEPARK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1495 EQUITY CIVIL ACTION - EQUITY IN RE: NORTH MIDDLETON TOWNSHIP'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE J. WESLEY, OLER, JR., GUIDO, JJ. ORDER OF COURT AND NOW, this 29TH day of JUNE, 2004, upon consideration of Defendant's Preliminary Objections in the nature of a demurrer, they are DENIED. Defendant is directed to file an answer to the complaint within twenty (20) days. Edward E. Guido, J. Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, Pa. 17011 James D. Bogar, Esquire One West Main Street Shiremanstown, Pa. 177011 Matthew G. Guntharp, Esquire William J. Cassidy, Jr., Esquire 33 North Duke Street Lancaster, Pa. 17602 4,.311-0Y L?- :sld \? t ? . ? ,,,i ?? r ,?, a?auz .?, NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1495 P.C.S. CHADAGA, t/a and CIVIL ACTION - EQUITY d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant PLAINTIFF NORTH MIDDLETON TOWNSHIP'S ANSWER TO DEFENDANT'S NEW MATTER North Middleton Township, Plaintiff, by and through its Solicitors, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, respectfully makes the following Answer to Defendant P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park's New Matter as follows: 32. Denied in part, admitted in part. It is specifically denied the Defendant has expeditiously taken affirmative steps to install a package sewer treatment plant at the Harmony Estates Mobile Home Park. It is generally admitted that Defendant has submitted an application for a building permit with Plaintiff North Middleton Township. It is denied that: Defendant's building permit application is in compliance with any and all applicable rules and regulations governing the installation of package sewer treatment plants. It is generally admitted that Defendant has obtained a permit from the Pennsylvania Department of Environmental Protection ("DEP") in or about 1996. It is specifically denied that Defendant has received confirmation from DEP that the plans and specifications now filed with Plaintiff North Middleton Township are acceptable and consistent with the plans reviewed and previously submitted to DEP. 33. Denied in part, admitted in part. It is specifically denied that the severely malfunctioning community on-lot sewage system at the Harmony Estates Mobile Home Park does not pose a threat of immediate and irreparable harm to the residents of the Harmony Estates Mobile Home Park and/or the individuals who reside near the Harmony Estates Mobile Home Park. It is admitted that Defendant has pumped the septic tanks located at the Harmony Estates Mobile Home Park. It is specifically denied that pumping the septic tanks at the Harmony Estates Mobile Home Park is a sufficient remedy for and/or protection from the severely malfunctioning community on-lot sewage system. WHEREFORE, North Middleton Township respectfully requests that this Honorable Court: A. Enter an order in the nature of a mandatory injunction directing and ordering that P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park cease the operation of the Harmony 2 Estates Mobile Home Park, as a residential mobile home park rental community; and B. Order Defendant to pay Plaintiff's costs and expenses in this action, including, but not being limited to, its reasonable solicitor's fees and expenses; and C. Grant such other and further relief as may be deemed necessary and appropriate to effect full relief to the Plaintiff. Respectfully submitted, NORTH MIDDLETON TOWNSHIP Dated: July 21, 2004 By: Jennifer B. Hip Esquire One West Main Street Shiremanstown,, Pennsylvania 17011 (717) 737-876-L Supreme Court ID No. 86556 a , i' James D. Bogar, squire One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 Solicitors for North Middleton Township 3 NORTH MIDDLETON TOWNSHIP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1495 P.C.S. CHADAGA, t/a and : CIVIL ACTION - EQUITY d/b/a HARMONY ESTATES MOBILE HOME PARK, Defendant CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of Plaintiff North Middleton Township's Answer to Defendant's New Matter in the above-captioned matter was served upon Defendant, P.C.S. Chadaga, t/a and d/b/a Harmony Estates Mobile Home Park, by forwarding a copy thereof to Matthew G. Guntharp, Esquire, and William J. Cassidy, Jr., Esquire, attorneys of record for Defendant to the following address, by First Class United States Mail as follows: Matthew G. Guntharp, Esquire William J. Cassidy, Jr., Esquire Appel & Yost, LLP 33 North Duke Street Lancaster, PA 17602 Dated: July 21, 2004 By: ?I Jennif r B. Hipp, Esquire Pa. I.D. No. 86556 By: L Ja es D. KC ar, Esquire Pa. I.D. KC 19475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 ?_ , o O o 'n r ? (? J t'J ?. S r 1 C _ . _ ` ? i' C" ?_ O CS I? Curtis R. Long Prothonotary (Office of the Protbonotarp Cuntberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?? - /4/9S CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573