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Home My WebLink About04-2040 0, UPPER ALLEN TOWNSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. . 'II No. L.l- ,) oyo (!J-~ JEFFREY C. TAYLOR and VALERIE e. TAYLOR, t/dlb/a MERMAID CAR WASH, Defendants : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9] 08 NOTICIA USTED HA SlDO DEMANDADAlA EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A yiso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier otra rec1amacion 0 remedio solicitado por el demand ante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR EST A DOCUMENTO A SU ABOGADO IMMEDIA T A- MENTE. SI US TED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME OVA Y A A LA SIGUIENTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 UPPER ALLEN TOWNSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. No. Ol.f-:JO'lo ~ ~ JEFFREY C. T AYLOR and VALERIE C. TAYLOR, t/dlb/a MERMAID CAR WASH, Defendants : CIVIL ACTION COMPLAINT NOW COMES UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, through its attorneys, MILLER & ASSOCIATES, PC, and files this Complaint for charges assessed with respect to sewer rates against the above named Defendants and against the hereinafter described real estate as follows: I. Plaintiff UPPER ALLEN TOWNSHIP is a first-class township municipality organized and existing in accordance with the laws of the Commonwealth ofPennsylyania and having its principal offices at 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (hereinafter sometimes referred to as the "Township"). 2. Defendants, JEFFREY C. TAYLOR and VALERIE C. TAYLOR, are adult individuals residing at 334 East Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055, who also t/dlb/a MERMAID CAR WASH, with its principal place of business at 90 Cumberland Parkway, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylyania 17055 (hereinafter collectively referred to as "Defendants"). 3. Defendants are the owners of the real property, or parties responsible or liable for the real property, located at 90 Cumberland Parkway, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, Tax Parcel Number 42-10-0646-052 (hereinafter "the Property"). 4. The Property has erected thereon a car wash facility at which Defendants conduct the Mermaid Car Wash business. 5. Under proper authority oflaw through a duly enacted municipal ordinance as set forth in the Upper Allen Township Code, Chapter 200, entitled "Sewers and Sewage Disposal" (hereinafter referred to as the "Sewer Ordinance"), Upper Allen Township provides sanitary sewer service to the Property. 6. Sewer Ordinance 9200-8, entitled "Connection to public system required," provides that owners of improved property shall connect to the Upper Allen Township sewer system as required by Upper Allen Township. 7. Sewer Ordinance 9200-9, entitled "Use of public sewer required," provides that all sewage and waste shall be conducted into the sewer system in accordance with the restrictions and limitations of the Sewer Ordinance. 8. The Property is connected to the Upper Allen Township sewer system, through which connection the Defendants have passed sewage from the Property 9. Sewer Ordinance 9200-64, entitled "Imposition of rentals," provides that sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system. 10. Sewer Ordinance 9200-65, entitled "Computation of rentals," provides that sewer rates for dwelling units, commercial establishments and institutional establishments shall be on a flat-rate basis for such classification and at such rates as shall be determined, from time to time, by resolution of the Township's Board of Commissioners. II. The Township, through its Board of Commissioners, duly enacted Upper Allen Township Resolution No. 563, dated 19 December 1996, which proyides that the sewer rate for the Property is $5.55 per 1,000 gallons. 12. Sewer Ordinance 9200-66, entitled "Time and method of payment," provides that if payment of sewer rental charges is not made within thirty (30) days after the same become due and payable, an additional sum offiye percent (5%) will be added to the net bill due. 13. Sewer Ordinance 9200-66, further provides that if such sewer bill is not paid within sixty (60) days of the date it is due, the bill, including the said five percent (5%) charge, -2- shall bear interest at the rate of one-half per centum (Vz%) per month or fraction thereof from the due date of payment. 14. Defendants have incurred sewer rentals and charges, including penalties and interest, on the Property. 15. Despite repeated demands for payment and efforts to colJect payment, the Defendants have failed and refused to pay for the sanitary sewer services rendered for the Property. 16. The time period for which these charges are owed is from 1 October 1999 to 31 March 2004, inclusive, with interest and penalties continuing to accrue. 17. The total amount of the delinquent sanitary sewer charges currently owed by the Defendants to the Plaintiff Township for the Property, including the five percent (5%) late charges and applicable interest is Twelve Thousand Three Hundred Forty-Seven and 66/100 DolJars ($12,347.66), plus costs. A breakdown of the total charges incurred, by dates and amounts, is set forth in the schedule attached hereto, made a part hereof and marked as "Exhibit A." WHEREFORE, Plaintiff, UPPER ALLEN TOWNSHIP, requests judgment be entered in its favor and against the Defendants, JEFFREY C. TAYLOR and VALERIE C. TAYLOR, t/d/b/a MERMAID CAR WASH, in the amount of Twelve Thousand Three Hundred Forty- Seyen and 66/100 DolJars ($12,347.66), plus interest, costs and reasonable attorneys' fees MILLER & ASSOCIATES, PC D.", sf}! ~____ - c----;;7 B -~ WilJiam E. MilJer, Jr. 1822 Market Stree Camp Hill, PA 011 Attorney 07720 (717) 737-9210 Attorneys for Upper Allen Township -3- UAPAY FUNCTION Page, 1 Document N~me: untitled 4/27/04 ACCOUNT NUMB. Al3Bll.EVIA'J;'ION" SEWER DESCRIPTION TYPE UNITS FLAT RATE COMMENTS LAST PAYMENT UPPER ALLEN SEWER BILLING PAYMENTS AND ADJUSTMENTS 0000554011 MEll.MI\,IO CA Y METER BILL M 1 .00 EFFEC 7/19/96 10 BDUTS 3/31/04 1323.61 SERVICE LOCATION CUMBERLAND PARKWAY 90 NAME MERMAIO CARWASH ADDRESS LINE 1 C/O JEFFERY TAYLOR ADDRESS LINE 2 334 E MEADOW DR ADDRESS LINE 3 CITY, STATE MECHANICSBURG I'll. ZIP 17055-5187 5 EMPLOYEES ~IEN FILED 2/04 $9789.11 ) BALANCES - CURRENT 2558.55 PAST 1 MONTH .00 PAST 2 MONTHS .00 CURRENT BILL SEWER 2558.55 IF PAID IN ARREARS .00 PAY THIS AMT 1ST MONTH ( 2558.55 { 2ND MONTH 2686.48 3RD MONTH 2699.91 TRANSACTION PAY '" PAYMENT AD:;> = ~RSE PAYMENT ADS '" ADJUST BILL AMOUNT ADL = ADJUST LATE CHARGE 1. 2. 3. ~----~_._- TYPE: PAY. ENTRY DATE 04/27/04 CHECK NO / DESC, !\MOUN'!' MONTH (FOR PAY.. REV) C, 1, 2 INQUIRY SERVICED 20 1 Pg=l FORM RCV LTAI Past due amount for which Municipal Lien was filed January 2004 with Prothonotary of Cumberland County. $9,789.11 Current due charges for April 2004 for services provided 1 January 2004 through 31 March 2004. 2,558.55 Total Due as of 1 April 2004. $12,347.66 Exhibit A VERIFICATION The undersigned, LOU FAZEKAS, hereby yerifies and states that: 1. He is Township Manager and Secretary of the Board of Commissioners of UPPER ALLEN TOWNSHIP, Plaintiffherein; 2. He is authorized to make this Verification on its behalf; 3. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa C.S. 94904, relating to unsworn falsification to authorities. Dated L(- 21- 0 <f .~nt!AU _____ Ll1CfGKAS, TO~~ager ~\~ - U';- 0-> d \-.... , t- -' ~ ~ - '---' I ~" ~/ r--.. r--> r->- ("'. C " G, r:- '-..::r, I ur-;! u-. ~ (] 5' ~ ::-::.. ""1", ;....(' ,,< - ) ., "'---'''''- (~/\ ..., 0 C:~ c..::') -n ...- _.l.". --I 7 -.; fi\ I en .. ..- ~ ~-, SHERIFF'S RETURN - REGULAR CASE NO: 2004-02040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS TAYLOR JEFFREY C ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR JEFFREY C the DEFENDANT , at 1935:00 HOURS, on the 19th day of May , 2004 at 334 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to JEFFREY C TAYLOR 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 7.59 .00 10.00 .00 35.59 .r~~ R. Thomas Kline OS/20/2004 MILLER & ASSOC Sworn and Subscribed to before .2J~ me this .f - day of ~ ~'{ A.D. r!. Q~~ ~othonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS TAYLOR JEFFREY C ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR VALERIE C T/D/B/A MERMAID CAR WASH the DEFENDANT , at 1935:00 HOURS, on the 19th day of May , 2004 at 334 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to JEFFREY C TAYLOR 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: 6.00 .00 .00 10.00 .00 16.00 ~c;:c:~~ R. Thomas Kline OS/20/2004 MILLER & ASSOC sh ~ff ---- Sworn and Subscribed to before By: me this .2 'I ~ day of ~. .2iJo<f A.D. el. - Q lvuj~ # ~~honotary , .- , . UPPER ALLEN TOWNSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. JEFFREY C. TAYLOR and VALERIE C. TAYLOR d/b/a MERMAID CAR WASH, Defendants No. 04-2040 : CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL TO THE PROTHONOTARY: Please withdraw the Complaint filed by the Plaintiff in the above-captioned matter and mark this case discontinued and ended on your docket and indices. Dated: 1/-2_0 I f:)(, ~.?'o-~~~_~ ------ William E. Miller, Jr., Esquire Alicia S. Miller, Esquire Attorneys for Upper Allen Township MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 and 82099 - i > UPPER ALLEN TOWNSHIP, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JEFFREY C. T AYLOR and VALERIE C. TAYLOR d/b/a MERMAID CAR WASH, Defendants : No. 04-2040 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Alicia S. Miller, Esquire, attorney for Upper Allen Township, hereby certify that I have caused a true and correct copy ofthe foregoing Praecipe for Withdrawal to be served by first class mail, postage prepaid, on the date set forth below, upon the following individual: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street New Cumberland, PA 17070 ~r~- Alicia S. Miller, Esquire Dated: 20 January 2006 ~~ ., , ";i Ok'_! <.) c.... G',