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HomeMy WebLinkAbout04-1520 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE II MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,tJ1/ - /S..2.0 ~ Plaintiff v. KENNETH C. ANTHONY, 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 wre 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 LA WYER 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 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~ Attorneys for Plaintiff L.A W OFFICES SNEL.BAKER, BRENNEMAN & SPARE II MOUNT HOLL Y SPRINGS BOROUGH AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff NO. 0 "1- /S'J.o v. KENNETH C. ANTHONY, Defendant CIVIL ACTION - LAW COMPLAINT Mount Holly Springs Borough Authority by its Solicitor Snelbaker, Brenneman & Spare, P. C. submits this Complaint and in support thereof states the following: I. Plaintiff Mount Holly Springs Borough Authority (the "Authority") is a corporate body created under the Municipality Authorities Act of 1945 which has an office located at 200 Harman Street, Mount Holly Springs, Pennsylvania. 2. Defendant Kenneth C. Anthony is an adult individual residing at 77 Mountain Street (rear), Mount Holly Springs, Cumberland County, Pennsylvania. 3. Defendant is the owner ofa tract or parcel ofland in the Borough of Mount Holly Springs improved with residential dwellings commonly known as 211 Chestnut Street, Mount Holly Springs (hereinafter the "Property"). 4. On or about July 9, 2003, Defendant submitted an Application for Zoning and Building Permit (the "Application") to the Borough of Mount Holly Springs. A true and correct copy ofthe Application is attached hereto and incorporated by reference herein as "Exhibit A". 5. Pursuant to Defendant's Application, Defendant proposed to alter an existing structure to add a one fwmily dwelling unit. 6. Pursuant to the terms of the Application submitted by Defendant, Defendant acknowledged: "that if any alterations to an existing structure result in an increase in EDUs LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II (equivalent dwelling units) that I must pay additional tapping fees as established by the Mount : Holly Springs Borough Authority." (See Exhibit A, p.2) 7. Based upon information and belief, Defendant has performed the work under the Application and has completed for occupancy an additional single-family apartment unit on the Property. 8. Based upon Sewer Service Rates, Rules and Regulations adopted by the Authority, a tapping fee is to be imposed when a new building or facility or an expanded building or facility increases generation of wastewater that equals or exceeds one EDU (equivalent dwelling unit). 9. Based upon Water Service Rates, Rules and Regulations adopted by the Authority, a tapping fee is to be imposed when a new service connection is made, even through an existing service connection, when two or more customers are served through a single line or when a structure is modified to add an additional customer unit. 10. The additional single family dwelling unit constructed by Defendant on the Property increased generation of wastewater that equals or exceeds one EDU and resulted in a new or additional service connection. II. Based upon the creation by Defendant of an additional single family dwelling unit on the Property water and sewer service tapping fees are chargeable to Defendant and owed to Authority. 12. In accordance to duly adopted Resolution and fee schedules of the Authority, the water tapping fees and sewer tapping fees applicable to the additional single family dwelling unit on the Property are $1,590.00 and $2,563.00, respectively. -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II 13. The water and sewer tapping fees identified above have been established by engineering study. 14. Defendant has failed and refused to pay the water and sewer tapping fees set forth in Paragraph 12, above, despite repeated demand to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,153.00 together with interest and costs of this action. The amount claimed as damages herein does not exceed the amount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. l~ BY: Keith O. Brennemwn, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Mount Holly Springs Borough Authority Date:April 9, 2004 -3- 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. '~f~ Brett Otto, Chairman Mount Holly Springs Borough Authority Date: April 9, 2004 ~~ ':t ~. " ~ ~ \'\ 'V Cfi L.J N VJ LI B \ '^ LA ('.~ '\ "" '\ v' <'S ~ \1" ~ ~ , " ~ '~~ <-, (- ~~:,:~ ~ , J '---' --- r0 ("-:-1 Ci _< C). SHERIFF'S RETURN - REGULAR CASE NO: 2004-01520 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNT HOLLY SPRINGS BOROUGH VS ANTHONY KENNETH C JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANTHONY KENNETH C the DEFENDANT , at 1155:00 HOURS, on the 15th day of April , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to KENNETH C ANTHONY 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 So Answers: 18.00 .00 .00 10.00 .00 28.00 .r~~ R. Thomas Kline 04/15/2004 SNELBAKER BRENNEMAN SPARE Sworn and Subscribed to before By: \j~~S~ D~)Uty Sheriff me this /L> ;2n'- day of ()f~ ~h1'f . A.D. C. '\ j o Ynd/lho Af}a;. nrothonotary , I ' 11 MOUNT HOLLY SPRINGS BOROUGH , A,.UTHORITY, II : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 04-1520 CIVIL v. NNETH C. ANTHONY, Defendant : CIVIL ACTION - LAW 0: Kenneth C. Anthony, Defendant 77 Mountain Street (rear), Mount Holly Springs, P A 17065 ate of Notice: May 12,2004 IMPORTANT NOTIICE OU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN PEARANCE 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 WITHOUT 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 ROVillE YOU WITH INFORMATION 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. vm~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff LAW OFFICES $NELBAKER. BRENNEMAN & SPARE " CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby <:ertify that I have, on the below date, aused a true and correct copy of the foregoing Important Notice to be served upon the person d in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Kenneth C. Anthony 77 Mountain Street (rear) Mount Holly Springs, P A 17065 SNELBAKER, BRENNEMAN & SPARE, P.C. fJ11/l/V------ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff ate: May 12,2004 (') C :0"'" ;'.!;i,.... '" c'). _ --..... f~~ ...., C? (;:;:':;1 J:" t= -< o -fl --I f4~ :T~l (-." -arT"! ;,'C;' ::~?rC) ?~;G ~j~.;'i ~r_" ~ N z.~'" S) .r- = MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL v. KENNETH C. ANTHONY, Defendant : CIVIL ACTION- LAW NOTICE TO PLEAD TO: Mount Holly Springs Borough clo Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 W. Main Street Mechanicsburg, P A 17055 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Rominger, Bayley & Whare /~- Karl E. Rominger., Esquire 155 South Hanowr Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL v. KENNETH C, ANTHONY, Defendant : CIVIL ACTION -- LAW PRELIMINARY OBJECTIONS AND NOW, comes Defendant by and through counsel, Karl E. Rominger, Esquire and raises the following Preliminary Objections: I. A certified copy of a Complaint was served upon Defendant, Kenneth C. Anthony, and the document indicates that it is a true copy from the record as of April 12, 2004. 2. In paragraph 4 a written document is referenced and incorporated as "Exhibit A". 3. The certified copy of the Complaint fails to include an "Exhibit A". 4. The complaint seems to sound in contract, with reference to a written document between the parties, 5. The Rules of Civil Procedure require a writing which is relied upon for a cause of action to be attached to the complaint. 6. Therefore, pursuant to the Rules of Civil Procedure the Complaint is inadequate and defective, and it should be stricken for failure to comply with the Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that this Honorable Court strike the Complaint for failure to attach a writing relied upon, or otherwise order Plaintiff to cure the defect. Date: May 17,2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE -:'=2 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL v. KENNETH C. ANTHONY, Defendant : CIVIL ACTION -- LAW CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Preliminary Objections upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 W. Main Street Mechanicsburg, P A 17055 Dated: May 17, 2004 Respectfullly submitted, ROMINGER, BAYLEY & WHARE ----7 ./ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant (') fo~ -C.' to)-, ~ --; ~j -< r:~ r,,;, en '" g ~- -.. :-.;,~ o ..., ::;1 fi'1:rJ r- :-nfTr 1)0 () 1. .~:I{J ~-'; .:U ,-'-'C) .:...)rn " .~il -< -:: --.J :<) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE II MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff v. KENNETH C. ANTHONY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Kenneth C. Anthony, Defendant You are hereby notified that you have twenty (20) days in which to plead to the enclosed Amended Complaint or a Default Judgment may be entl:red against you. Date: May 28, 2004 SNELBAKER, BRENNEMAN & SPARE, P. C. r1J~ By: Keith O. Brenneman, Esquire 44 West Main Street Mecharticsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff II MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2004-1520 CIVIL KENNETH C. ANTHONY, Defendant CIVIL ACTION - LAW AMENDED COMPLAINT Mount Holly Springs Borough Authority by its Solicitor Snelbaker, Brenneman & Spare, P. C. submits this Complaint and in support thereof states the following: I. Plaintiff Mount Holly Springs Borough Authority (the "Authority") is a corporate body created under the Municipality Authorities Act of 11945 which has an office located at 200 Harman Street, Mount Holly Springs, Pennsylvania, 2. Defendant Kenneth C. Anthony is an adult individual residing at 77 Mountain Street (rear), Mount Holly Springs, Cumberland County, Pennsylvania. 3. Defendant is the owner of a tract or parcel of land in the Borough of Mount Holly Springs improved with residential dwellings commonly known as 211 Chestnut Street, Mount Holly Springs (hereinafter the "Property"). 4. On or about July 9, 2003, Defendant submitted an Application for Zoning and Building Permit (the "Application") to the Borough of Mount Holly Springs. A true and correct copy of the Application is attached hereto and incorporated by reference herein as "Exhibit A". 5. Pursuant to Defendant's Application, Defendant proposed to alter an existing structure LAW OFFICES SNELBAKER. BRENNEMAN & SPARE to add a one fwmily dwelling unit. 6. Pursuant to the terms of the Application submitted by Defendant, Defendant acknowledged: "that if any alterations to an existing structure result in an increase in EDUs II jl (equivalent dwelling units) that I must pay additional tapping fees as established by the Mount Holly Springs Borough Authority." (See Exhibit A, p.2) 7. Based upon information and belief, Defendant has performed the work under the pplication and has completed for occupancy an additional single-fwmily apartment unit on the roperty. 8. Based upon Sewer Service Rates, Rules and Regulations adopted by the Authority, a apping fee is to be imposed when a new building or faciility or an expanded building or facility 'ncreases generation of wastewater that equals or exceeds one EDU (equivalent dwelling unit). 9. Based upon Water Service Rates, Rules and Regulations adopted by the Authority, a apping fee is to be imposed when a new service connection is made, even through an existing ervice connection, when two or more customers are serv<ed through a single line or when a tructure is modified to add an additional customer unit. 10. The additional single family dwelling unit constructed by Defendant on the Property ncreased generation of wastewater that equals or exceeds one EDU and resulted in a new or dditional service connection. II. Based upon the creation by Defendant of an additional single family dwelling unit on he Property water and sewer service tapping fees are chargeable to Defendant and owed to 12. In accordance to duly adopted Resolution and fee schedules of the Authority, the ater tapping fees and sewer tapping fees applicable to the additional single family dwelling unit n the Property are $1,590.00 and $2,563.00, respectively. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 13. The water and sewer tapping fees identified above have been established by ngineering study. -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II :1 14. Defendant has failed and refused to pay the water and sewer tapping fees set forth in I Paragraph 12, above, despite repeated demand to do so. , WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,153.00 together with interest and costs of this action. The wmount claimed as damages herein does not exceed the wmount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. vJUt1/~--- Date: May 28, 2004 BY: Keith O. Brenn.:man, Esquire 44 W. Main Str,eet Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Mount Holly Springs Borough Authority -3- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II Ii 'I ! VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~-t~ Brett Otto, Chairman Mount Holly Springs Borough Authority Date: May 28, 2004 - , ~. ~, .,," BOROUGH OF MOUNT HOLLY SPRINGS APPLICATION FOR ZONJNG & BUllDING PERMIT DATE: 7 -? . 2.<> d '1 PERMIT NO.: J "'" r/3 Application is hereby made to the Borough for a ZOl:ling and Bulldiog Permit in conformity with the requirements of Zoning Ordinance of 1970 and applica.ble bn;1<Iine ordinances, and any amendments thereto for the following work: PROPERTY LOCATION: 2. 1/, C A "'$ ..J. N '" f. sl. PRESENT USE OF PROPERTY: A-I~Af_~ ,... ,If , , A.""d .5), c,:> / . OFF/<:..... The undersigned Applicant hereby applies for Il permit to: o Erect a structure 8 Alter a structure o Add a structure o Other: o Change' a use o Erect a sign DSidiDg ESTIMAlED COST OF PROPOSED WORK: $ "') ~o c. _ .n> EXISTING FEATURES t> I wnt'U'1 PROPOSED FEATURES I / Wltrld mml1iAG , stories materia.! type Submitted herewith is, a scale drawing, fully ti~sioJlled, of the lot showing proposed work and/or existing structure. Use of adjoining lot Qr lots is: (fu:.I~,., I~I ) Name of: Lessee Address Owner .t'6MN&;i-). C ;:/",;'1,,,....... / Address n ~..C'/;;'..... <~. ,e"'A/C. J!1.1f... M.1f7 y.-;-rt r . ~ Address . Architect Contractor KeHNt:'N, (' 1t",.~."7 Address 77 111.....,., /iIl)~ f-c R.,.,c.. 1Hf". 11..117 0""7.(, ~ PllRe 1 of2 EXHIBIT A I hereby certi1y that the infurmation contained on tills Application is true and complete under penalty of law pertaining to unsworn :fhlsification to ,ll.Utb.orities. I acknowledge that if any alterations to an existing structure result in an increase in EDUs (equivalent dwelling units) that I must pay additional tapping fees as established by the Moullt Holly Springs Borough Authority before the Zoning and Building permit will be issued. r ".~ (! a C/ ~ Signature of Applicant Name of Applicant: &~";ii:fiL. i.! 4~ /) 0..." Address: 71 1#0,,""'" /",'.-v .(1. ~A-<! Phone No. '(?1.. - y, fi7 of/Z. Slf., ~31 fJ'S- Uyou have any questions about this application please l:ontact the Zoning Officer, Dennis Russell, at 717-486-5681. ---------------------------------FOR OFFICIAL USE ONLY _________________________________ C-K--I qn APPROVED r/~~? AJ~~./A.J ~/.tA//b Zoning fficer Fee of$ .2<+.00 PAID 7-"1-03 ..;z.g -.3~ - ,,;23.. 9' ~ - /;:: # The construction applied for herein shall be accomplished by:. ~~~/.-?.3' , (Date) Should construction not be accomplished by date indicated above, this Zoning and Building Permit shall be void. Page 2 of2 C' J. ~ ..- f ..,,_, 7'- sl. -rciP Llf ,4 of- 13 ( '2- <.; I -E ~ I-$-f,~. 110..$'<- . V ..c o ..y -. ,.. 8tJ~ /8' _j ,.:fiA~"" N 0 - 1 ,- , ,'. $foRt4~ <.. RDl)VJ-'\ c.I"F:r" f{. " ,f!:"";,,,'f;'iI"'I G,U!Jt9e. ~ .J;~ - .5~. l' \<- , 1.'1 - :::k- (, r w Ct '- ~+"'N <- PJ1te. Ie.. ;^' ji ~o I G$' ~ fJ J/-ay 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 Amended Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 SNELBAKER, BRENNEMAN & SPARE, P.C. vf#u~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Date: May 28, 2004 ~- n "-> ,-- "'-> ~ co=> ., ..,.. ::r: 'r\, ."1:,_ -.: IT,~_ '" -"I;:; 00 :0'g ~~( h ';5~j f-L=' --.'.' ;,,0 ...:- "" C)rn :< a ,s;! -", ..-.: ..v --.;. MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff v. KENNETH C. ANTHONY, Defendant 009 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL : CIVIL ACTION- LAW NOTICE TO PLEAD TO: Mount Holly Springs Borough clo Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: July 1,2004 RespectfuLly submitted, ROMINGER, BAYLEY & WHARE 2.0:08&, E"lwre 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant MOUNT HOLL Y SPRINGS BOROUGH AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL v. KENNETH C. ANTHONY, Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIF]~'S AMENDED COMPLAINT AND NEW MATTER AND NOW, comes Kenneth C. Anthony, by and through his counsel, Karl E. Rominger, Esquire and answers Defendant's Complaint as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, it is believed and therefore averred that the rates, rules and regulations are unconstitutional, not properly adopted, and/or inapplicable. Strict proof of their applicability, adoption, and constitutionality are demanded at trial. 9, Admitted. By way of further answer, it is believed and therefore averred that the rates, rules Wild regulations are unconstitutional, not properly adopted, and/or inapplicable. Strict proof of their applicability, adoption, and constitutionality are demanded at trial. 10. Denied and strict proof of the same is demanded at trial. II. Denied and strict proof of the same is demanded at trial. 12. Denied and strict proof of the same is demanded at trial. 13. Denied and strict proof of the same is demanded at trial. 14. Admitted. By way further answer, said permits were issued without the payment of fees, and Defendant reasonably relied upon this acquiescence and therefore believed that no fee was due and owing. WHEREFORE, Defendant demands judgment against Plaintiff. NEW MATTER 15. Previous paragraphs are incorporated by reference. 16, The imposition of the tapping, water, sewer, and other fees in this particular instance is an unconstitutional tax or levy. 17. The regulations and engineering study which adopted the aforementioned fees in the amount sought, were not properly adopted and/or art: not otherwise enforceable. 18. The sums sought, and the regulations relied upon, have been applied arbitrarily, without consistency, and as such it would be unfair ,md violative of due process and equal protection to apply the same against answering Defendant at this point. 19. Recovery is barred by Doctrine of Laches. 20. Any agreement or contract which is alleged to be binding upon Defendant, if said is deemed to exist, is a contract of adhesion and its enDJrceability would be unconscionable and constitute a taking. WHEREFORE, Defendant respectfully demands judgm~nt in his favor and against Plaintiffs. Date: July 1,2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE :~. ROI~~r, Esquire 155 South Hanover Street Carlisle, PAl 70 13 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1520 CIVIL v. KENNETH C. ANTHONY, Defendant : CIVIL ACTION ~ LAW CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Defendant's Answer to Plaintiff's Complaint and New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: July 1,2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE 2RO='''' ~qoire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ,,:: -< ,,~ c :~) ~ .r- ,- co- (~ I ~~ J:- Ul o -1'1 ..... .or fill] ,~- m CJ I c:) ., ~II c.;\ rll ! .< LAW OFFICES SNELBAKER BRENNEMAN & SPARE MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. 04-1520 CIVIL v. KENNETH C. ANTHONY, Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER 15. Denied. Paragraph 15 should be stricken as improperly requiring a Reply to an Answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure, By way of further Reply, the averments of Paragraphs I through 14 of Plaintiffs Amended Complaint are incorporated by reference herein. 16. Denied. Paragraph 16 contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). Accordingly, same is deemed to be denied. 17. Denied, Paragraph 17 contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P, I029(d). Accordingly, same is deemed to be denied. 18. Denied. Paragraph 18 contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa,R.C.P. 1029(d). Accordingly, same is deemed to be denied. 19. Denied. Paragraph 19 contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). Accordingly, same is deemed to be denied. LAW OFFICES SNELBAKER. 3RENNEMAN & SPARE II 20. Denied. PMagraph 20 contains unwMranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). Accordingly, same is deemed to be denied. WHEREFORE, Plaintiff requests this Court to enter judgment in its favor in accordance with the demand made in Plaintiff's Amended Complaint. SNELBAKER, BRENNEMAN & SPARE, P. C. 1/7~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mount Holly Springs Borough Authority Date: September 9,2004 -2- LAW OFFICE:S SNEL8AK~R, BRENNEMAN & SPARE \I 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 Reply to New Matter to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 SNELBAKER, BRENNEMAN & SPARE, P.C. rh Wl/VL.- By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Date: September 9, 2004 (-~ 1'_' ':.::.> ,..:':> C:, ~Tl y~ \.~: :"..' i:-' --' MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, IN THE COURT OF CO~~ON PL~AS OF Cl.,'HBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-1520 CIVIL xXi v. KENNETH C. ANTHONY, Defendant RULE 1312-1, The Petition for Appointment of Arbitrators shall be substant~ally in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith o. Rrpnnpman , counsel for the plaintiff/.I........,.;"""".. in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (arej at issue. The claim of the plaintiff in the action is $ 4,153.00 The counterclaim of the defendant in the action is 0 The following attorneys are ~nterested in the wise disqualified to sit as arbitrators: and Rominger, Bayley & Whare case(s) as counselor are other- Snelbaker, Brenneman & Spare. P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Ri:1~d, Keith O. Brenneman ORDER OF COURT AND NOW,/~ /3/ ' ,t;9;240t/. in consideration of the foregoing petition, 7f/)')f tU../ ~ Esq., af;~ ~7 Esq., and ttuA it.a.J St/d-tI~/(/~/'ESq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the P. J. .~"'~ -- , '" =- UJ kJ \~,~' ~ ~ ~ -- ~~ r--J (-.1 ~~;, .'0"1 ~t.:~ __, '. \,C .-\', ,\ !':<) CO',>, ('" .\' '~\ S \ tJ 1 OJ I'" .1 lUU~ \~.';i . . LAW OFFICES SN EL8AKER. BRENNEMAN 8: SPARE MOUNT HOLLY SPRINGS BOROUGH AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. KENNETH C. ANTHONY, Defendant TO THE PROTHONOTARY: : NO. 04-1520 CIVIL CIVIL ACTION - LAW PRAECIPE Please mark the above-captioned action settled, discontinued and ended with prejudice on your docket and indices. r- Date: /J(~ 3~ 2P4.) SNELBAKER, BRENNEMAN & SPARE, P. C. BY: ~'UvVL----- Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Mount Holly Springs Borough Authority . 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 Praecipe to be served upon the person and in the manner indicated below: Date: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Karl E. Rominger, Esquire Rominger, Bailey & Whare 155 South Hanover Street Carlisle, P A 17013 SNELBAKER, BRENNEMAN & SPARE, P.c. ~ r ;!Uvh '21, 2'W;, By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Plaintiff Mount Holly Springs Borough Authority V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 04-1520 CIVil TERM MOUNT HOllY SPINGS BOROUGH AUTORITY, KENNETH C. ANTHONY IN RE: ARBITRATION ORDER OF COURT AND NOW, July 14, 2005, the Court having been informed that the above-captioned case has been settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Thomas D. Gould, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 ~ ~ 'l-I't.OJ" Court Administrator ~ 'J \i:l\:'''f.,\l),Si\~(J~Jd "'dIY'(' n ",cw'n'"' 1\.J..l~, 1_ ' ' ,'~ IV "l1J :6 HV ~ Ilflr SOOZ Abv'1CNO"lOeld 3H1 :f0 3Ji:!:lo-D31!:I