HomeMy WebLinkAbout12-3477COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. / 3977 Cl?/
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case ,re.,f?J??ce?e low.
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PtrIN N W a4d,mac. V. L.LEk -
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa.
action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
SOW- ofFk*') o&ry aDeputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon PGrlrl WftS+'e_ appellee(s), to file a complaint in this appeal
Name of appease(s)
(Common Pleas No. 3v77 . j ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
01 Signature of appeaant or aMwney or agent
RULE: To appellee(s)
Name of appease(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. -Pd,
Date: J , 20
Signaturo of ProMorafary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENWRANSCRIPT FORM WITH THIS NOTICE OF AP EAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affiant
Signature of official before whom affidavit was made
Tide of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Notice of Judgment/Transcript Civil
Case
Mag. Dist. No. MDJ-09-3-05
MDJ Name: Honorable Mark Martin
Address: 507 North York Street
Mechanicsburg, PA 17055
Telephone: 717-766-4575
Juliet A Fuller
457 Heisey Road
Mechanicsburg, PA 17055
Disposition Summary
Penn Waste, Inc.
V.
Juliet A Fuller .,/
Docket No: MJ-09305-CV-0000047-2012
Case Filed: 2/28/2012
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09305-CV-0000047-2012 Penn Waste, Inc. Juliet A Fuller Judgment for Plaintiff 05/0212012
Judgment Summary
Participant JointlSeveral Liability Individual Liability Amount
Juliet A Fuller $0.00 $759.69 $759.69
Penn Waste, Inc $0.00 $0.00 $0.00
Judgment Detail (*PostJudgment)
In the matter of Penn Waste, Inc. vs. Juliet A Fuller on 5/02/2012 the disposition is J udgment for Plaintiff and judgment was awarded
as follows:
Judgment Comp onent Joint/Several Liability Individual Liability Deposit Applied Amount
Attorney Fees $0.00 $450.00 $450.00
Costs $0.00 $101.77 $101.77
Civil Judgment $0.00 $207.92 $207.92
Grand Total: $759.69
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYYCLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO I=NTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
Magisterial District Judg
tQ ~T - , '
e Mark Martin
I certify that this is a true an correct copy o the record o the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 05/02/2012 1:58:40PM
Penn Waste, Inc.
V.
Juliet A Fuller
Docket No.: MJ-09305-CV-0000047-2012
Participant List
Private(s)
Jeffrey Charles Bright, Esq.
Stock And Leader Up
221 W Philadelphia St Ste 600
York, PA 17401
Plaintiff(s)
Penn Waste, Inc.
88 Brickyard Road
P.O. Box 3066
York, PA 17402
Defendant(s)
Juliet A Fuller
457 Heisey Road
Mechanicsburg, PA 17055
MDJS 315 Page 2 of 2 Printed: 05/0212012 r5u:4Ur1v1
Ln (Domestic Mail Only; No Insurance Coverage Provided)
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C-,q"v Q., 1-" d , ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
THIS
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a copy of the Notice of Appeal, Common Pleas 1a-3t&4 , upon the District Justice designated therein on
(date of service) -YIA yt ys, 20=L ? by personal service a by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) j\ on
20 i ?,. ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto.
RMED) AND SUBSCRIBED BEFORE ME
AAY OF ,/- 11?T , 20 . 4A
was made
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COMMONWEALTH OF PENN- _YLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
?_'
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case ref ren low.
191- 3 _0.5 1 WN, MR-k, Hf+r+- N
DATE OF JUDGMENT IN THE CASE OF (Pbotin - (Defgyad)'
5 N -,s 7,' I tom. r<
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Signature of Plogwnatary or Deputy
was Claimant (see Pa. R.C.P.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILEnTr''
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in ac fore Dist *stice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee. -- ?'
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a'Cwmpl* in thii appeal
Name of appellees)
(Common Pleas No. it . 1 ? 1/ -77 , lu 11 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signatme of appellant or attomey or agent
RULE: To L'.•Y11(? appellee(s) t, >rI
Name of appellee(s)
(1) You are notified'" a rule is`hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rote upon you by Sepal pervice1pr by certified or registered mail
(2) If you do nof' *t ; t'p a4Sf vlnfhin,tjtis time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
4? .
(3) The date 6f.'s - rule if service was by mail is the date of the mailing.
Date: f .s c p £ e-! +,.? - '
Signature of Proth delyy Deputy
YOU MUST INCLUDE A COPY, OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
BERLA14D COUid"t' `
^EHMSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., NO.: 12 3477 Civil
Plaintiff,
V.
JULIET A. FULLER, Civil Action - Law
Defendant
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 HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service of
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir
de la fecha en que recibi6 la demands y el aviso. Usted debe presentar comparecencia esrita en
persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE
PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
LISTED.
LLEVE ESTE DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO
TIENE O NO CONOCE UN ABOGADO, VAYA A O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Lawyer Referral Service of
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., NO.: 12 3477 Civil
Plaintiff,
V.
JULIET A. FULLER, Civil Action - Law
Defendant
COMPLAINT
AND, NOW, this D?,o a day of June, 2012, comes the Plaintiff, Penn Waste, Inc., by
and through its attorneys, Jeffrey C. Bright, Esquire, and the law firm of Stock and Leader, and
files this Complaint asserting the following:
1. The Plaintiff, Penn Waste, Inc., is a corporation incorporated and doing business
in the Commonwealth of Pennsylvania, with an address of 3955 North George Street Extended
Manchester, PA 17345
2. The Defendant, Juliet A. Fuller, is an adult individual residing at 457 Heisey
Road, Mechanicsburg, Pennsylvania 17055.
3. The Defendant's residence is located in Monroe Township, Cumberland county
Pennsylvania. A true and correct copy of the Defendant's Deed is attached as Exhibit "A".
4. The Plaintiff is engaged in the business of refuse and trash collection.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5. Pursuant to 53 P.S. 67105, Monroe Township has authority to collect trash within
its municipality.
6. Monroe Township has the authority to enter contracts with the Plaintiff for the
purpose of collecting municipal waste and recyclable material. A true and correct copy of the
Monroe Township Ordinances is attached hereto as Exhibit "B".
7. Monroe Township has entered into a contract with the Plaintiff, Penn Waste, Inc.,
for the collection of municipal waste. A true and correct copy of the contract is attached hereto
as Exhibit "C".
8. Pursuant to Monroe Township Ordinance No. 99-7, Article IV, the Plaintiff, Penn
Waste is duly authorized to pursue collection of unpaid bills for trash collection services.
9. The Defendant failed to pay the August 31, 2011 quarterly invoice for trash
services and the pendant late fee.
10. The Defendant failed to pay the November 30, 2011 quarterly invoice for trash
services and the pendant late fee.
11. The Defendant failed to pay the February 29, 2012 quarterly invoice for trash
services and the pendant late fee.
12. A Magisterial District Court hearing was held on May 2, 2012 and the attorney's
fees for the hearing were $1,030.00. The costs of the Magisterial District Court hearing were
$101.77.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
13. The breakdown of fees and charges owed by the Defendant to the Plaintiff is as
follows:
A. August 31, 2011 Invoice: Quarterly service charges for the time period of
October 1, 2011 through December 31, 2011, totaling $47.85. And a late
fee for this invoice of $4.79.
B. November 30, 2011 Invoice: Quarterly service charges for the time period
of January 1, 2012 through March 31, 2012, totaling $47.85. And a late
fee for this invoice of $4.79.
C. February 29, 2012 Invoice: Quarterly service charges for the time period
of April 1, 2012 through June 30, 2012, totaling $47.85. And a late fee for
this invoice of $4.79. Late fees are provided by the Monroe Township
Ordinance No. 99-7 Article IV, Section 2(B).
D. Reasonable attorney's fees as the costs of collection pursuant to Monroe
Township Ordinance No. 99-7, Article IV, Section 2(B), in the total
amount of $1,543.00 to date, which includes representation at the
Magisterial District Court and in the Cumberland County Court of
Common Pleas.
E. Costs for the litigation of this matter, which are $101.77 to date.
14. A true and correct copy of the account history pertaining to the Defendant is
attached as Exhibit "D".
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
15. For the time of October 1, 2011 through present, Penn Waste has fulfilled its
obligations as the trash collector for Monroe Township by collecting trash at the Defendant's
property.
16. In spite of receipt of Plaintiff, Penn Waste, Inc.'s services, the Defendant has
failed to pay her quarterly invoice.
COUNT ONE
COLLECTION OF FEES, CHARGES, COSTS, AND
ATTORNEYS' FEES PURSUANT TO MONROE TOWNSHIP ORDINANCE 99-7
17. Paragraphs 1-16 are incorporated as if set forth fully herein.
18. The Plaintiff is entitled to bring action to collect fees, charges, costs, and
attorneys' fees for unpaid trash and refuse collection.
19. The Defendant breached her obligation to pay pursuant to the Monroe Township
Ordinances.
WHEREFORE, the Plaintiff, Penn Waste, Inc., demands judgment against the
Defendant, Juliet A. Fuller, in the amount of $157.92 plus attorney's fees in the amount of
$1,543.00 and the costs of suit (to include the Magisterial District court costs of $101.77) and
pre judgment interest. The amount demanded is within the compulsory arbitration limits.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNT TWO
UNJUST ENRICHMENT
(In the Alternative)
20. Paragraphs 1-19 are incorporated as if set forth fully herein.
21. The Defendant was enriched by receipt of the Plaintiff s trash collection services.
22. The Defendant's enrichment was at the expense of the Plaintiff.
23. The Defendant's enrichment was unjust as it failed to pay for the enrichment.
WHEREFORE, the Plaintiff, Penn Waste, Inc., demands judgment against the
Defendant, Juliet A. Fuller, in the amount of $157.92, plus attorney's fees in the amount of
$1,543.00 and the costs of suit (to include the Magisterial District court costs of $101.77) and
pre judgment interest.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Respectfully submitted,
STOCK AND LEADER
Y
ey C. Bright, Esquire
Supreme Court ID #: PA 307259
Counsel for Plaintiff, Penn Waste, Inc.
Susquehanna Commerce Center East
221 W. Philadelphia St., Suite 600
York, PA 17401-2994
Phone: (717) 846-9800
Fax: (717) 843-6134
U:UC13\C1ient Folders\Penn Waste\v. Fuller\Pa. Ct. Com. P\Complaint.02.doc
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
VERIFICATION
I, Andrea McFadden, am the Civil Complaints Clerk for the Plaintiff, Penn Waste, Inc. I
hereby verify that the factual information set forth in the foregoing Complaint is true and correct
to the best of my knowledge, information, and/or belief. I hereby acknowledge that the
averments of fact set forth in this Complaint are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unworn falsification to authorities.
Penn Waste, Inc.
Date: L" ee
Andrea McFadden,
Civil Complaints Clerk
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., NO.: 12 3477 Civil
Plaintiff,
V.
JULIET A. FULLER, Civil Action - Law
Defendant
CERTIFICATE OF SERVICE
-44
AND NOW, this C day of June, 2012, I, Jeffrey C. Bright, Esquire, of the law
firm of Stock and Leader, attorneys for Plaintiff, hereby certify that I served the within
Complaint this day by depositing the same in the United States First Class Mail, postage
prepaid, in York, Pennsylvania, addressed to:
Juliet A. Fuller
457 Heisey Road
Mechanicsburg, PA 17055
Respectfully submitted,
STOCK AND LEADER
By: 1
Je C. Bright, Esquire (11,12
Su reme Court ID #: PA 307259
Counsel for Plaintiff, Penn Waste, Inc.
Susquehanna Commerce Center East
221 W. Philadelphia St., Suite 600
York, PA 17401-2994
Phone: (717) 846-9800
Fax: (717) 843-6134
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
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EXHIBIT B
MONROE TOWNSHIP
CUMBERLAND COUNTY, BBNNSYLVRNIA
ORDINANCE NO. 99-7
AN ORDINANCE REGULATING THE COLLECTION, STOR-
AGE, DISPOSAL, AND RECYCLING OF SOLID WASTE;
REGULATING THE COLLECTION,-STORAGE AND DIS-
POSAL OF RECYCLABLES; PROVIDING FOR THE
AUTHORIZATION AND LICENSING OF TOWNSHIP COL-
LECTORS FOR SOLID WASTE AND RECYCLABLBS;
PROVIDING FOR PROVISIONS REGULATION BILLING;
AND PROVIDING FOR PENALTIES FOR VIOLATION OF
THIS ORDINANCE,
WHEREAS, the 11Municipal Waste Planning, Recycling and Waste
Reduction Act", the Act of July 28, 1988, P.L. 556, as amended
(53 P.S. Section 4000.101 et seq.) provides that Monroe Township
shall have the duty and power to adopt and implement programs for
the collection and recycling of municipal solid waste and recy-
clables and to provide regulations for the billing therefore; and
WHEREAS, the Board of Supervisors of Monroe Township be-
lieves that it is in the best interest of the Township and its
residents tc become actively involved in the recycling and the
conservation of recyclable materials; and
SHEPXAS, this Ordinance and the objectives leading to its
enactment are authorized by "The Second Class Township Code", Act
of May 1, 1933, P.L. 103, No, 69, reenacted and amended July 10,
1947, P.L. 1481; and further reenacted and amended November 9,
1996, P,L. 350, No. 60 (53 P.S. Section 65101 et seq.) and by the
"Municipal Waste Planning, Recycling and Waste Reduction Act",
the Act of July 28, 1988, F.L. 556, as amended (53 P.S. Section
4000.101 et seq.;; it is therefore enacted and ordained by the
Board of Supervisors of Monroe Township, Cumberland County,
Pennsylvania, as follows:
ART?CLE GENERAL
StCTION 1: S-JOR.' TITLE
This Ordinance shall be known and may be cited as the
'fMONROE TOWNSHIP SOLID WASTE AND RECYCLING ORDINANCE OF 1.999''
SECTION 2: PU O E
The purpose of this Ordinance is to provide for the health.,
safety, and welfare of the residents of Monroe Township by
regulating the collection, storage, transportation, removal,
dumping, deposit; disposal and recycling of solid waste by
r,.
D
instituting and establishing a comprehensive solid waste manage-
ment program and recycling program.
SECTION 3: DEFINITIONS
The following words and terms when used in this Ordinance
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this Section:
Abatement means the restoration, reclamation, recovery, and
the like, of a natural. resource adversely affected by the activ-
ity of a person.
.Al=inuz means the light weight ductile and malleable
metallic substance or element commonly known as aluminum and
shall include all aluminum food and beverage cans. This
description excludes aluminum foil, trays, plates, and miscel-
laneous aluminum products.
.Apazzment Building is a building used for residential
purposes with more than four (4) dwelling units each, except
hotels, motels,. tourist cabins, dormitories, and any and. all
other multi-residential units.
Ashes are the residue from the burning of wood, coal, coke
or other combustible materials for the purpose of heating and
cooking.
Bu.`.kv Waste is items of solid waste and, therefore, ]require
special handling including, but not necessarily being limited to,
large household appliances such as stoves and refrigerators (with
CFCs removed), plumbing fixtures, furniture, large crates, tires,
tools, machinery or parts thereof.
Commercial Establishments are those establishments that
generate solid waste in the operation of wholesale, retail or
service businesses,, multifamily buildings (apartment and
condominiums buildings of more than four (4) dwelling units each),
hotels, motels and farms not utilizing resi.denti.al. services
through the Township's contract hauler.
Cr?ararigled refers to placement of recyclable materials as
defined herein, except newspapers and corrugated cardboard, in a
special recycling container for the purpose of collection without
their having bsen segregated by co'lor or type.
;.IorTMugatad Cardboard is layered paper or cardboard in whi.cIA
one or more layers is pressed into parallel grooves or ridges and
which is normally used for wrapping, packing, shipping and/or
storage of dry materials. Specifically excluded from this
definition are pressboard or cardboard commonly known; as asian
board or asian cardboard, as well. as any' corrugated cardboard
=ontalning a shiny finished side or sides or which is contami-
nated with food or other material.
Dwelling Unit: is one or more rooms in a residential building
which room or rooms have fixed cooking facilities arranged for
occupancy by one or more persons living together, or one family,
Dwelling unit shall also be deemed to mean unit as set forth in
this ordinance.
Garbage, is all table refuse, animal and vegetable matter,
offal from meat, fish and fowl, fruits, vegetables and parts
thereof, and all other articles and ;materials ordinarily used for
food which have become unfit for such use or which are for any
reason discarded.
Glass shall mean the hard, brittle, transparent or partially
transparent substance produced by fusion of silica and silicates
or sand containing soda and lime and/or other chemicals and
substances usually or conveniently included in the manufacture of
glass; and shall for the purpose of this ordinance include all
materials commonly known as glass bottles or containers. This
includes all food and beverage containers made of glass of one
gallon or less capacity. Excluded are blue glass, ceramics,
pottery, flat glass commonly known as window or plate glass,
light bulbs, headlights and mirrors.
Glossy Paper is magazines and shiny newspaper inserts
commonly used in advertisements
Hazardous waste is any chemical, compound, mixture, sub-
stance, or article which is designated by the United States,
Environmental Protection Agency or appropriate agency of the
state to be "hazardous" as that term is defined by or pursuant to
federal or state law, and, for the purpose of this Ordinance,
includes residual waste as that term is defined by or pursuant to
the Environmental protection Agency and/or applicable state or
federal law or regulation.
HDPE is High Density Polyethylene and known as Plastic 42.
High Grade Office Paper, printed or unprinted sheets,.
shavings or cuttings of sulf?ta or sulfate ledger, bond, writing,
or other paper :zaving similar fiber of filler content, including,
but not limited to, stationery„ copy paper and computer paper,
and excluding ;seated, coated, and padded stock.
IndustriLl Hslablishmeats are those facilities :hat generate
residual waste through manufacturing, warehousing or mini.na
operations.
Instituzioaal Estabiis:.mants are those facilities that
house or serve'' :groups of people for a common purpose, such as
hospitals, schools and nursing homes,
MObilO Home. Parts are parcel(sj of contiguous land des_gned
and improved. ;or use by four (,") or more. mobile homes,
3
Xuniaipal Establishments means public facilities operated by
the Township and any other governmental and quasi-governmental
authorities.
Municipal Wasta is any garbage, refuse, industrial lunch-
room, or office waste and any other material including solid
waste, liquid, semi-solid or contained gaseous materials result-
ing from the operation of residential, municipal, commercial or
institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act from a municipal, commer-
cial or institutional water supply treatment plant, waste water
treatment plant or air pollution control facilities.
Municipality means "Monroe Township"
Newspaper means types of paper made from wood pulp and/or
other fibrous materials mixed together, either with or without
chemicals, to produce thin sheets of the products customarily and
primarily used for the production of newsprint; newspaper may
include magazines or glossy paper inserts commonly used in
advertisements.
PET is Polyethylene Terephthalate and )mown as Plastic. nl.
Person is every natural person, firm, corporation., partner-
ship, association, or institution.
?lastic Bari is a 30-37 gallon plastic bag to be obtained
from Township or Township's designated collector.
Plastic Bottles are empty and clean consume= product con-
tainers made of Polyethylene Terephthalate (PET), Polypropolene
(PP), High Density Polyethylene (HDPE) and ;.row Density Poly-
ethylene (LDPE) most commonly, but not limited to, plastic
bottles used as containers for soda, milk and other consumer food
products or for household cleaning products or for personal care
products.
Portable Cart is the 90-99 gallon poly-art wheeled container
to be obtained from Township Collector or Township's designated
collector, said portable cart to be and remain the property of
Township or Township's designated collector.
wrocessing center is any facility maintained for the purpose
of 5tcring, preparing, anal/or consolidating recyclable material=_
(as defined herein) for sale.
;1alic hwareness grogram is the program developed and
provided by contractor or municipality tc inform and encourage
residents to use the recycling collection services.
ecreattronai •Cc-tares/Tourist Cabins are seasonal sinale-
°amily dwelling units where the occupants, lists a permanent
address elsewhere and the unit is occupied not more than twenty-
one (21) consecutive days per contract quarter.
Recyclable Katerials/Racyclables include clear and colored
glass, aluminuin cans, plastic #1 (PET) such as, soda bottles and
plastic 42 (HDPE) such as, milk and water jugs, newspaper, steel
tin and bimetallic, cars, corrugated cardboard, glossy paper,
high grade office paper and such other materials as the Township
may designate from time to time.
Recycling Co?iactioa services are those services to be
Performed by contractor as follows; (1) the collection and
conveyance of recyclable materials; (2) processing of recyclable
materials as applicable; and (3) marketing of the recyclable
materials.
Recycling Containers are sturdy plastic containers having a
minimum capacity of 18 gallons, being of one color as designated
by the municipality and bearing the municipal recycling logo.
Refuse is a general term which shall mean all matter and
materials which are discarded or rejected by the owners or
producers thereof as offensive or useless, or which by their
presence or accumulation may injuriously affect the health,
comfort, and safety of the citizens of Monroe Township; it shall
include ashes, garbage, rubbish, trash, and other refuse materi-
als, but exclude human body waste; debris from household renova-
tions, whether interior or exterior; dirt; rock; lead pipes;
limbs or the trunks of trees greater than three (3) inches in
diameter; hazardous wastes; and recyclable items as defined
herein.
Refuse Collection services are those services to be per-
formed by contractor as follows: (1) collection of refuse from
locations; (2) transportation of refuse in trucks; and (3)
disposal of refuse at a facility licensed by the Pennsylvania
Department of Environmental Protection (DEP).
Required Participation is defined as every dwelling unit,
commercial establishment, institutional establishment and mobile
home required to participate by virtue of this ordinance in the
collectior of solid waste and recyclables.
Residential Building is a single-family building used for
residential purposes, individual mobile homes on private lots
and/or in a mobile Nome park; farms (not utilizing a properly
registered commercial hauler), duplexes, townhouses and multi-
family buildings (condominiums and apartments) of four dwelling
units or less each. Exceptions are hotels, condominiums and
apartment buildings with more than four (4) dwelling units each,
recreational cottages/ tourist cabins, motels, fraternities, and
dormitories.
Residual waste is any gzrbage, refuse, other discarded
material or other waste, including solid, liquid, semisolid or
contained gaseous materials resulting from industrial, mining and
agricultural operations and any sludge from an industrial, mining
or agricultural, water supply treatment facility, waste water
treatment facility or air pollution control facility, provided it
is not hazardous.
Rubbish is branches, trees, sawdust; chips, shavings, wood,
woodenware, leather; rags, grass, straw, manure, and all solid
combustible matters not included in this section under the tern:
garbage.
Solid waste is any waste, including but not limited to,
municipal, residual or hazardous waste, including solid, liquid,
semi-solid or contained gaseous materials.
Solid 'haste Celleatien services are those services to be
performed by the Township collector which include the collection
of solid waste from locations specifically designated by the
Township, Township collector or Township commercial collector,
transportation of solid waste in trucks, and disposal of solid
waste at a Cumberland County designated disposal facility
identified in the Cumberland County Municipal Waste Management
Plan.
Township Collection service 'is a service for the collection
of solid waste and recyclables, all in aCCOrdanoe with this
Ordinance.
• 1A .L
Township Collector is a person licensed by the County of
Cumberland and registered with the Township by means of an
independent contract to have the right and privilege, subject to
certain limitations, to collect, haul and/or dispose of solid
-waste and recyclables from residential buildings and dwelling
units within the Township of Monroe, but shall not be construed
as meaning that such person is an agent; employee, official or
representative of the Township.
Township Commercial Collector is w person licensed by and
registered with the County of Cumberland to collect, haul and/or
dispose of solid waste, bulky waste and/or recyclables from
commercial and institutional establishments.
-Truck(s) is a vehicle used for the callecti.on of refuse
which has mounted thereon an approved type, water-tight sanitary
body, or which has a standard truck body. made water tight and
aruipped with means of covering to prevent loss of material by
,rind,
APTICLE 11 RECYCLABLE MATERIALS
.x SECTION 1: GENERA
Recyclables separated :ar the purpose of materials recovery
rather than disposal, and collected by the Township or its desig-
nated agent or contractor (collector) shall not be considered
solid waste as defined under this ordinance and shall not be
subject to the provisions of this ordinance which requires the
disposal of waste at designated facilities.
SECTION 2: RECYCLING PROCPim ESTABLISfi?n
The Township hereby establishes a program that provides the
opportunity and encourages the separation of recyclables from
municipal waste by persons residing in single-family dwellings,
multi-family establishments, and by commercial, institutional and
industrial establishments, as defined by th i.s Ordinance.
SECT70N 3: 1ZE IS TO BE RECVCL-D
A, At residential buildings or apartment buildings: glass
(clear, green, cobalt blue, brown and amber); aluminum
cans; bimetallic, tin, and steel cans; plastic rl
(PET), such as soda bottles; plastic #2 (,HDPE), such as
plastic milk water jugs; newspapers, glossy paper;
corrugated cardboard, junk mail.
B. At commercial, municipal, institutional establishments
and community activities: high grade office paper;
aluminum cans; corrugated cardboard.
1y
The Board of Supervisors may, by Resolution not more than
once annually in
(month to be determined) of each year per
contract period, re-evaluate by supporting documentation and
mutual agreement with contracted collector, the identified
recyclable items under Article II Sections 3A and 3B.
D: The Board of Supervisors may, by Resolution not more
than once annually in (month to be determined) of each
year per contract period, establish rules and
regulations for the separate cleaning, storage,
placement fcr ccll:acion, and collection of
recyclables,
SECTION 4: R,-QYCLING PLANS TO ?£ FzT.ED AND APPROVEQ
BY TOWNSHIP
Commercial, mun-cipaI, or institutional establishment and
community activities conducting their own recycling program in
accordance with this Ordinance and not in conjunction with the
Township or under an exclusive contract as may be established by
the Township for •4--he collection of municipal waste and recy-
clables, shall file with the Township and have approved by the
Township individual recycling programs whicn orov-ide for, at a
minimum. the recycling _L items as set forth in this Article.
SECTION 5: MSTABLISF NT or RULES AND RFGL'L?TIONS
Township shall establish and promulgate rules and regula-
tions on the manner, days and time of collection of recyclable
Materials, and for the bundling, handling, location and time of
placement of such materials for collection. Rules and regula-
tions shall be promulgated for each of the programs undertaker:,
including but not being limited to, the residential, multi-family
and commercial sources of recyclable materials.
SECTION 6: SEPARATION OF RFCYC ABLES A_ND PLACEMNT FOR
DISPOSITION
Recyclable materials shall be placed at the curb or other
designated area in separate containers provided by either the
contracted hauler or Township as appropriate and separated from
solid waste, all for collection at such times, dates and manner
and places as may be established or authorized by the Township.
SECTION is UNAUTHORIZED COLLECTION
it shall be a violation of this Ordinance for any person or
individual other than the designated contractor or collector, or
any other person licensed by the Township, to collect any desig-
nated recyclable material which has been placed at the pick-up
point for collection as set forth in this ordinance. Each
collection and violation hereof from one or more locations shall
constitute a separate and distinct defense punishable as herein-
after provided. Notwithstanding the provisions of this section
to the contrary, no person, as defined herein, shall be
prohibited from enge-ging in individual voluntary recycling,
SECTION 9: UNLAWFUL DISPOSITION OF RECYCLABLES
It shall be unlawful for any person or persons collecting
trash or recyclables to dispose of any recyclable item as defined
herein by co-mingling said items with other solid waste not
required to be racyeled or to dispose of such items in othar
places that will not insure that said items are recycled, unless
the recvclable item is so contaminated that it is unacceptable
for recycling, `
SECTION 9: MANNER OF COL EE- 110N Z COLLECTION PRAt"TI ^ES
Refuse and recycle materials shall be t:ollected in a neat
and workmanlike manner, and if by accident or o-herw_se, a spill
shad occur, the contractor shall be required to gather up same
in neat and clean manner. The contractor shall also be obli-
gated to operate its vehicle(s in such a manner as to prevent
s-illage. Contractor shall handle all receptacles and containers
as carefully and quietly as possible and shall return (not throw)
them tc the Iocatior where picked up.
The collection practices of ttje contractor and any :?ther
?Lr
Township by virtue of registration with the Township shall
conform to all applicable rules and regulations of the
Commonwealth, the County, the Township and any contract or
contracts between the parties.
SECTION 10. RECYCLrNG AWARENESS PROGRAM ESTABLISHED
Township shall establish a comprehensive and sustained
public information and education program that encourages maximum
participation by all citizens and provides for the recycling
program features and requirements in accordance with the Munici-
pal Waste Planning, Recycling and Waste Reduction Act.
SECTION l1: INCORPORATION OF BZDnTNG DOCUMENTS ANp CONTRACT
If the Township decides to enter into an exclusive contract
for the collection of residential municipal waste and the
collection of residential recyclables, the terms and conditions
of said contract, as well as the bidding documents relating
thereto, shall apply to the owner of property and every person
occupying a dwelling unit, as defined in this Ordinance, within
the Township where recyclables are generated and accumulated.
ARTICLE ITT. STORAGE, COLLECTION AND 01SPOSA_., OF MU141CIPA-L WASTE
SECTION 1. GEriIERAL s
I.t shall be the duty of every owner of property and every
person occupying a dwelling unit, premises or place of business
within the Township where municipal waste is generated and
accumulated, by his,/her own expense and cost, except as otherwise
specified in this ordinance, to provide and keep at all times a.
sufficient number of containers to hold all municipal waste
accumulated between intervals of collection of such waste by an
authorized collector; and to insure the sanitary and legal
disposal of such waste in accordance with this Ordinance and all
other applicable Township, County, State and Federal laws and
regulations.
SECTION 2: STORAGE ON RESIDENTIAL PRO4rP,'T'Y
Ali municipal waste accumulated by ovine;s of residen-
tial property and/or the occupants of residential
properties shall be placed in containers or plastic
bags for collection by an authorized collector. The
containers shall be durable, watertight and made of
rust-resistant metal or plastic, or as otherwise
designated by Township. Containers for curbside
rec clables will be as specified by the Township or as
provided through an exclusive contract for the
=ollection of recvclables.
E. Each municipal waste container and curbside recyclable
container or plastic bag shall be placed for
collection, no more than Twenty Four ,(24). hours prior
to the designated service day, so as to be accessible
to the collector at ground level and at a point
immediately behind the curbline of the street, within
no more than ten (10) feet of the caraway of the street
or alley from which the collection with a vehicle is
made if there is no curbing, or at a location mutually
agreeable between the resident, the Township and the
collector. Failure to place containers at such
locations may result in waste not being picked up. The
containers are to be removed from the immediate street
or road Right-of-Way within a reasonable time limit,
until the next scheduled col.lection.day. Location for
collection of uncontainerized recyclable material shall
be as specified by the Township:
C. The Board of Supervisors may, by Resolution not more
than once annually in (month to be determined) of each
year per contract period, establish rules and
regulations for the collection of all municipal waste.
SECTION 3: STORAGE ON COi+II+tEx?rzAL ?N1,TI FANj T Y
INST" TONAL Nn S 'AL RT S
Storage of municipal waste on comnerc'.
1al, institutional
and industrial properties shall be done in the same
type of containers or plastic bags as required for
residential properties except where the accumulation of
solid waste for such commercial, institutional or
industrial property precludes their use, in which case
such owner or occupant shall make special arrangements
with an authorized collector for the storing of such
additional quantities. Such special arrangements shall
be reported to the Township on a Solid Waste Management.
Form available at the municipal office and shall
include the number and type of special bulk containers
to be furnished by the collector as may be approved by
the Township.
S. Containers or plastic bags for collection at
commercial, institutional or industrial properties
shall be located on the owner or occupant's premises a..
a place agreed upon by the owner or occupant of the
commercial, institutional or industrial property and
the authorized collector and shall not be
unsatisfactory to the Township. Such locations shat!
not interfere with public or private sidewalks,
walkways, driveways, roads, streets, highways, alleys
or entrances and exits of public or private buildings.
C, The Boa_d of Supervisors may, by Resolution not more
than once annually in (month to be determined) of each
year per contract period, establish rules and
regulations for the collection of all municipal waste.
SECTION 4: AUTY.ORIZ.A'T'TON OF COLLECTORS
Except as set forth in this Ordinance or any exclusive
Township contract for the collection of municipal waste and '
recyclables, it shall be unlawful for an con
other than persons or corporations authorized personby ovalidplicenses
issued by the Solid Waste Authority of Cumberland County and the
Township or contract by the Township to collect and/or transport
solid waste of any nature as a regular hauling business within or
from the Township. If the Township decides to enter into an
exclusive contract for the collection of residential municipal
waste in the Township, said contractor shall be required to
collect municipal waste in the Township exclusive of Other
private haulers and collectors subject, however, to the.excep-
tions as set forth in the exclusive Township contract and this
ordinance.
Authorization to collect, transport and dispose of munici-
pal waste beyond the scope of any recfistration with the County of
Cumberland may be given only by the County of Cumberland.
owners of multi-family (apartment and condominium) buildings
with more than four (4) dwelling units each, farms (not utiliz-
ing the Township's contracted residential hauler), commercial,
institutional and industrial properties shall have the option to
contract for the collection and removal of municipal waste and
recyclables with -the contractor registered with the County of
Cumberland or any other hauler or collector properly registered -
properly registered with the County of Cumberland.
SEC'T`ION 5: APPROVAL OF DISPOSkL OR PROCESSINr FACILITY
The location: of the disposal or processing facility which
the bidder proposes to use in the disposal of refuse shall be one
that is designated in the Cumberland County Municipal Waste
Management Plan. In accordance with the 1997 Cumberland County
Municipal Waste Management Plan, and any amendments thereto, any
such plan or facility must be one that is approved in the Plan
for the disposal of trash generated within the county, The
Township reserves the right to make inspections of authorized
collectors to insure that waste generated within; the Township is
being disposed of in an authorized or designated facility and to
limit the use of a designated facility only to waste venerated
within. the Township. Any authorized collector found to be in
violation of this Section shall have his license to collect Oy
haul municipal waste in the Township revoked.
SECTION 5: UNIA FUL DISPOSI^'T0N OF ?fU'NICTPAL WASTE
it shall be unlawful for any person to deposit for collec-
tion any solid wasta including bulky :terns not generated at the
address from which collection is made or to bring any solid wasts
into the Township o•r frorn cne address to another in the Township
for the purpose of •-_aking advantage of the collection service or
to avoid the cost OF collection except as set forth in ARTICIX
w72, SECTION S.
SECTION 7: SULKY WASTE
A. Bulky waste which is not collected by the nol-rial or weekly
residential collection or in the annual clean-up shall not be
stored outside of a building or accessory building on any land in
the Township, except for a period not exceeding five (5) days
pending the special handling for disposal of the bulky waste.
It shall be unlawful for any person to place bulky waste on any
property other than on the property at which it was generated or
directly associated with. Bulky waste shall be disposed of at a
State permitted or licensed disposal facility, a facility
especially designated by the Township to take such bulky items or
a legitimate salvage dealer that is in the business of disposing
of or recycling such items.
B. Township will conduct, through the municipal contract
hauler, an annual Clean-Up for residential properties during a
month to be determined by the Board of Supervisors for each year
of the contract and any extensions thereof. The Township
collector/transporter will pick up, on, the same day as the
regularly scheduled trash pickup is to occur, properly prepared
municipal solid waste bulky items {i.e. appliances, furniture,
and other simi.iar items} excluding municipal solid waste col-
lected under the regular service, and household hazardous waste,
curbside for annual clean-up collection.
SECTION 8: ECLL520N5
A. Nothing contained herein shall be deemed to prohibit
any person not regularly engaged in the business of
collecting municipal waste beyond the scope of any
contract negotiated by the Township with a collector
from, hauling his/her own bulky waste and recyclable
materials to a state permitted disposal facility or to
the disposal facility as designated by the Township in
accordance with the regulations of the disposal facili-
ty, or recycling center.
Nothing contained herein shall be deemed to prohibit
any individual from contracting with an authorized.
=oll.ector for removal of solid waste or recyclables
beyond the scope of any contract negotiated by the
Township with a collector.
C. Nothing contained herein shall prohibit a farmer, c)r
anyone engaged in what is commonly ref e: red to as
farming practices, from carrying out normal farming
opera?iors; includ:.ng composting or spreading of manure
or other farm
produced agricultural waste,. not other-
wise prohibited or regulated for land applications.
township resident who also owns and operates a business
within the township utilizing a licensed commercial hauler,
may at their option, choose to utilize the Township's con-
tract hauler thereby allowing them to negotiate directly
with the Township's contract hauler with respect to charges
for their residential waste and recycling service.
E. The provisions of this ordinance do not apply to any-
thing but the storage, collection, transportation and
disposal of municipal waste and do not apply therefore
to hazardous or residual waste as defined by the
Pennsylvania Solid Waste Management Act and its amend-
ments. All hazardous or residual waste must be dis-
posed of in compliance with applicable State and
Federal laws and regulations.
F. Nothing contained herein shall prohibit any individual who
farms or makes a living on farming ten (10) or more acres
from contracting with an authorized collector for removal of
solid waste or recyclables beyond the scope of any contract
negotiated by the Township with a collector.
G. Any person who is excluded by virtue of Section 8 and who
^onducts their own collection and disposal of municipal
waste program, in accordance with this Ordinance and not in
conjunction with the Township or under an exclusive contract
as may be established by the Township for the collection of
municipal waste, shall file with the Township and have
approved by the Township individual collection and disposal,
programs which provide for, at a minimum, the collection and
disposal -f municipal waste as set forth in this Article.
SECTION 9: "NCORPORPTION OF BIDDING DOCUMENTS AND CONTRACT
If the Township decides to enter into an exclusive contract
for the mandatory collection of municipal waste and the voluntary
collection of recyclables, the terms and conditions of said
contract, as well as the bidding documents relating thereto,
shall apply to the owner of property and every person occupying a
dwelling unit, premises or place of business within the Township
where municipal waste is generated and. accumulated, except as ;
otherwise exempted by this ordinance.
The Board of supervisors shall, upon written request and
supporting 3ecumentation, evaluate any and all circumstances to
de-ermine appropriate compliance and/or the possible granting of
some form of rel.i.ef.
.
ART T CI,E IV, FEES
SECTION 1. GEN`F,1R_k
Tt .;hall be -the duty and responsibility of every owner of
property, leased dwelling unit, premises or place of business
within the Township where municipal waste is produced and is
accumulated, to pay a service fee for the collection and dis-
posal of this waste, except as otherwise provided by this
Ordinance, to a Township Collector or Township Commercial
Collector, exclusive contractor, duly authorized and designated
collection agency, or to the Township. A11 billings -for charges
under this Ordinance shall be prepared in the name of the owner
of the premises for which the collection and disposal charges are
being made, and the charge is hereby imposed under such owner.
The failure of an owner to receive a bill for charges required to
be paid by this Ordinance shall not excuse the owner from payment
of charges on the due date. A licensed hauler, exclusive con-
tractor or the Township may discontinue service for non-payment
of service fees by a residential, commercial, institution or
industrial establishment. Discontinuance of service due to non-
payment of service fees shall not relieve the resident or estab-
lishment from abiding by all of the requirements of this ordi-
nance.
SEC'T'ION 2: FEES TO BE ESTABLISHED BY CONTRACT; COLLECTION
PENALTIES
A. All service fees established under an exclusive contract. `or
the collection of municipal waste and recyclables in Monroe
Township shah be established and adjusted by a contract to oe
awarded by the Board of Supervisors, all pursuant to public
bidding and public award of contract. The Contractor or
collection agency designated by the Township will be soieiy
responsible for collection of fees for service directly :loin the
property owner. Monroe Township will not be responsible for any
collecticn fees and will not do any billing. Billing shall be
done on a regular and convenient basis but, in any event, the
Contractor or designated collection agency will, at a minimum,
bill. in intervals not to exceed three (3) months. Said billings
will be at the beginning of each designated billing period.
31 Penalty and Interest - If charges are not paid within thirty
;30} calendar days after each due date, an addi.tiona! sum of ten
(1W percent as a penalty together with costs of collection of
charges as an additional penalty, shall be added to such zharge,
The charge, as increased by the penalty, shall be added to such
oharge. The charge, as increased by the penalties, sha11 'Dear
interest at the rate of one (1$) percent per month until. .maid.
All delinquent accounts are subject to stoppage of servir_s
without notice. upon stoppage, service will be resumed
thereafter only on payment of the accumulated fees for the per`:jd
cf collection and the delinquent period. Stoppage cf sert.,, ce
sha11 not relieve the owner or other resident of _he obl:ratlor
to pay the fees set for in this Ordinance.
14
ARTICLE _ V . PENALTIES FOR VIOLATION
SECTION 1: PENALTIES
Any person, including the exclusive contractor and any other
collectors operating within the Township, who shall violate any
provision of this Ordinance shall be liable, upon conviction for
the first offense and upon summary conviction for each subsequent
offense, to a fine of not less than one Hundred and No/100
($100.00) Dollars nor more than One Thousand and No/100
($1,000.00} Dollars together with the cost of prosecution,
including reasonable attorney's fees and collection cos-11- fees as
incurred by the Township, in each case. Every violator of the
provisions of this Ordinance shall be deemed guilty of a separate
offense each and every day such violation continues and shall be
subject to the penalty imposed by this Section for each and every
separate offense. Fines and costs imposed under the provisions
of this Ordinance shall be enforceable and recoverable in the
manner and at the time provided by applicable law. Upon judgment
against any person by summary conviction, or by proceedings by
summons on default of the payment of the fine or penalty imposed
and the costs, such person may be sentenced and committed to the
jail of Cumberland County for a period not exceeding thirty 130)
days.
SECTION 2: GENERAL FUND
A- l'1 judgments, costs and reasonable attorney fees collected
for the violation of thd.s Ordinance shall be paid over to the
Monroe Township General Fund.
SEC?''ION 3: ATTORKE Y FEES
Where attorney fees are sought te. be collected or are
incurred as a result of a civil anforcement proceeding or other
action initiated by Monroe Township, said attorney fees shall be
at the rate of ninety dollars ;$90,00) per hour for all work in
connection with the civil enforcement proceeding or other action:
Zritiated, all based upon the time expended by the Township
Sr,-licit-or or other attorney designated by the Board to enforce
`Township Crdinances. The Board may, from time to time, amend the
hourly rate for attorney fees by resolution,, all at the
Cu scretion of the Board.
SECTION 9: ADDITIORAL AEMEDIEs
mothing herein is intended ':.o preclude the Township"s exer--
-?=e of any additional remedies, in law or in equity, for non-
15
compliance with this Ordinance, all in accordance with the
provisions of the Municipal Waste Planning, Recycling and Waste
Reduction Act and the Second Class Township Code.
ARTICLE Vi. EFFECTIVE DATE, SEVERABILITY AND RELATIONSHIP
TO OTHER ORDINANCES
SECTION I : F. F ECTIVE DBE
This Ordinance shall become effective in accordance with
law.
SEC-?'ION 2: SFVERAB ITY
In the event that any provision, section, sentence, clause
or part of this Ordinance shall be held to be invalid, such
invalidity shall not affect or impair any remaining provision,
section, sentence, clause or part of this Ordinance or other
Ordinances affected by this Ordinance, it being the intent of
Monroe Township that such remainder shall be and shall remain in
full force and effect.
SECTION 3; Rr.T,ATIONSHIP TO OTHER ORDINANCES
All other Ordinances, parts of Ordinances or parts o:` Resol-
uti6ns inconsistent herewith shall be and the same expressly are
revealed,
ENACTED AND ORDAINED this 24th day of June, 1999.
ATTEST; MON31OE TOWNSHIP
BOARD OF SUPER171SORS
A. W. Castle,, TII,, chairT4ar,
Kevin R. Miller, Vice Chairman
amuel ??. sjmmons 'I? Member
-E
MONROE TOWNSHIP
CUMBER i,AND COUNTY PENNSYLVANIA
ORDINANCE NO. 2002-3
AN ORDINANCE AMENDING, CHANGING AND MODIFYING
THE MONROE 'TOWNSHIP SOLID WASTE AVD RECYCLING
ORDNANCE OF 1999
The =0a_u of Super,? Sc,_S O Monroe Tow,-jsh•. , Cumberland
-y, Penns•_/='var j a, hereby el ac-s ar,,4, Order` ns as follows:
TY_e MONRdE TdW IS'r'_IP ?4 rD,
WASTE AND RECYCLING ORDINANCE OF
,
13'93 Shall be amended changed - ,
t! aiaQ mO?i=_S.ed as -ol'.1ows,
SECTION
1
r"u??' TDNM r
xCLB T
GrA7r;RA. -SECTOh 3 r
D FIN71TI ODiS
Section LEil^:1-1-1^vT?s, __tcti11 be
-- s €cllows
.
Bulky Waste _s e"s c? solid
waste _.,.a,
c•U_ r,c?- recessa-i?_r bei:?c
_„C
__d; Ce
.. S such- as .. ,. Ov8 S and : ° ;fr 1:a -
tu_e, laY?e ;rages, ?_rQ=,
Z: r
Recycling Containers are Szur4Cv ?'1MS? -r:ta^_e_..
---?'C3
N .2
__ _ •-Y-i 7.7
r: r
rtjcle T_ Recycl,ble Mater_a_s ^o _ -
oe RS_-Vc ed C. a ., . items to
- ?- and D. , s.>all Le arze:;dec
, changed ar..d mod: =iec
?. TI
he Board cf SLperv=scr Mai,
by Reso, ut. , C
iTQ=a L
"?1a: pn`o
dtizually Zn November or December CT eac:: year yer
`-ontra_t period, re-eval;iat.e by sUr_)Cp'"i 1:1Q apc,inAi1%aVi^+i and
a aemert
gr with contracted coil
ee
Jt"Is under
11 Sections 3A and 38.
i. The CCa -i r vi 5I2D _''?' 0rc R
Moi-e ?: _.. once a,i.?,y_, ,
December or each near per
contract per_cd
°stabl-4sh r.:' es and Ye_„_atior_fi for
the separate
?.fi
iliac ent for co=} ectzor, and 1`
='c C?_Ion
r•.LY,C_.Ci?F
r1N1
T._-"-• 5?C_...... ?UiiC`/ 'A'a._-, ?f;i Ce .,.E^ ^ •1 `C_
'me`^.; ^ ?nged L
OWS
v -. , .:: :_i{% 1hIQ.. ._ 'i•( a_.. _. _J .':7t r.J,»... :. L. ,~..? .r.._ •. ilw
of her t 1''
38, an on the Property at 'Nni ch it was n
ac-ed { ye°.eL?:q
wtn' waste shall b di rec;,ty
G°= "_r`ed v? E `'-SuC-cd O at 3 St
ceased 4 aMe
es? ac_ I Ispos4L `aci l , *v, a raci
des29;;ated ?? ity
by the Tow;Is
- 1 (la:A 5c?? V h1D to take Si, h bulky
age aeal.er -terns or
0- L
Cr r°C?rC;: a 15 i £2 t:,e bus,
r:esrig s
SLLC ARMS Or Q'-sposi,
Conduct, 4hrough
., the r;u?z
a weakly Cie c?Pa- con?ract
3n-L*tt -or
residen?iamo ???,i i erope_.
colZec?- -1eS.
?or/tl'a:l$POr.er The
reauiarl?! erne a -k llD, on h;ie same da'•,? as
ti a -ew =rash p-ckup -
Y?~ ..°-.d [T14I:ici` =? S,v zo occur, P=oPe
_ `?'-''d 4raste b`.:lk_y 1•
a.-.,_ OtP.eC (1 e ac.p i iSP,CF
co 1_cced -? m ric_pa1
-rCe" _1q `e:u13r $2r??ca solid
cos waste= c: _ -nd :pose:^. d hazarj-
.Ual
.1 ??... i _ 1!?.j ? 1r • 4? Cow 1. °... r ?17r .
7. o
- i:C• V Y.-`^.?Te?....'_i:.GJ' tom„ D jJ+r.
mOY?'?V --,?
es t^r ?yolac 4 on
<
c and mod-_,ed s
C-es
enforce Township Ordinances . The Board may, IYOm time to time,
amend the hourly rate for attorney fees by resciut-on, all. aC tf
1C
discretion of the Board.
T_4e prJV'S ons vi this Qrdlrance, so 'ar as they
t.ne same as those Oi 0-dina•nces in force immeu.i a`e y orior wJ
of this Gr C..na A are - of
_nierded as a continuation ct
such Ordinances and not cs new enactments. Provisions of 1:11.5
C°r^_nance shal'_ not of fec_ any acl done -or it ^] Z_ - jncurred,
-or s'-all tC,% affect ect su.a t or ^!rc'Se.L.1 n en %ti w ^v
a. _ } ..L
or ? be
.?•.1L to _--orc -=:w _g=1t or per.a:;. :_•,r or t•o purish any
..? _ ==1s e under ,: e aut o- _ ty of any Ordinance repealed by ti ? s
-!r- , ce .
SECTION EFFECTIVE nA1
...-__ U_?_:'_a:":_,. 3a.._ .,....^.iTsc c_Lc_..1°I? --. r•Cr.')rQ^.!•]?=e
ll^_ST? °_? 0=1 _?_ -_s_S Ordinance and -.he p.rc-v1-
l
:-2 _cr.s .^lta_n e?Lect_?r= ?omrtenc= C Jd:i'iary ,
2 : ;,, 3
SE,_ _vN : !E _-TT. T- v
... :. .:5. .r .. ??.-L .. L1?.. v_... _. r:G_;?... _cta1C -d
1 n'v" a -
-Zf
.'C ... ... ?7 i.... .. _ -TtG'i ...,.
4
CERTIFICATE
T, t :e unde_s, _` e4, ..e-re-rv oL %I%e Township of
Mc-r-r :e, Cunner_and County, e:? sylvanl' a i he "Tow Sr_p t 1 , ce-t? f j
Z that . the foregoing is a and C^_'"_ect copy of an Ordil-lance
of `...._ -SG2'_°: of Supe viso_- of the Township ',the "Soa_"°}, W'?i"T_
C1_ was enaczeld by a?* rTCt __ta oLe o4 _, maj ?:.ty of the merr e_s
of Line sioaf`d at meeting held on October 24, 2002; said Orui-
•. anc u.ul?/ has been re?c-rder•% i.. :he 4=1 ?i? - Scot 1 o- t? $A-
-- iov
r n-Su'.0 d_ ..+.y 'n -=.S v ,..,.t:shl? d as r°uuireC iV _a.wi
a n... S3_C 0r.,lna.ice re-rei-s _r __-es erev a",d unamende?.'., aS
_f_-at_
-N WITIN SS Set pry nan A
T^,47 -%:_ [__.. Ga.v o: v`c=ooeT 21^2.
?'?°•??A+,'?n^* ?-?+?'? rte" .
n fuii force and effect.
SECTION 8: RELATIONSHIP TO OTHER ORDINA-' CES
All o'--he= Ordinances, parts o_ Ordinances or pars of
°SG_ _O?!S incon.s_Stenr- herewith Shall be and the same exoreSS1y
are repealed.
ENACTED TRTS 24-:h day of Or._ober, 200-2.
4
MONROE TOWIvSH-P
BOARD OF S' P^RVT SOR S
l c ' V L i . rC. I r e eY, C .airman
SaiRlc_ ,?A ! ?1•T.iTons
z,Tri: Casale, i7 Z, Nerio?.z
EXHIBIT C
CONTRACT FOR THE COLLECTION AND DISPOSAL OF REFUSE,
f RECYCLABLE MATERIALS AND OTHER SERVICES
THIS AGREEMENT, made this day of
2010
by and between: C e r, n?t?} ykt ?P_ V?c.• _, hereinafter the "Contractor",
party of the first part
AND
MONROE TOWNSHIP, a second class Township of the Commonwealth of
Pennsylvania, hereinafter the "Township", party of the second part.
WITNESSE T H TO:
The contractor hereby promises and agrees to and with the Township to furnish
all labor, material, and equipment and to collect and dispose of all refuse and
recyclables from dwelling units now existing (or to be established during the term of this
Agreement. or any one (1) year extension thereof negotiated by the parties, located
within the limits of Monroe Township, to the satisfaction of the Board of Supervisors of
Monroe Township for the term of two (2) years, with the option of three (3) additional
one (1) year periods to be negotiated and agreed to by the parties hereto prior to sixty
(60) days before the expiration of the initial two (2) year contract term, if applicable,
pursuant to and in strict compliance with this Contract (the "Agreement") and the
following documents, which documents are made a part of this Agreement by reference
and incorporated herein in their entirety.
1. Notice to Bidders;
2. General Stipulations and Information for Bidders;
Specifications for the Collection of Refuse and Other Services;
4. Specifications for the Collection of Recyclable Materials;
5. Questionnaire;
o. Minimum Insurance Requirements;
7. Landfill, Transfer Station or Processing Facility Affidavit;
8. Proposal and Non-Collusion Affidavit; and
9. Monroe Township Ordinance 99-7 and 02-3.
All provisions of this Agraement and the above ref4rences and;inc'arporated
documents shall be strictly complied with by the Contractor and no aimend.mer,its thereto
shail be made except if in writing executed by the T owns 'lp tanct?CoMractdr.
The initial two year term shall commence January 1, 2011 and end December '
31, 2012.
The Contractor shall charge during the initial two year term a fee of
15.95 each month for those dwelling units utilizing the flat rate system and a
fee of iv 3.5c? for those dwelling units selecting the tag system. included in the
47
,,;narges sat forth above are any necessary for the Contractor to provide bulk Item,
cleanup(s) weekly and all other costs and expenses associated with the Contractor's
performance of its obligations hereunder, it being expressly understood that neither the
Township nor its residents shall by charged any fees, taxes or assessments other than
the fixed monthly flat rata or tag fee set forth above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
(I-ndividual or Partnership)
WITNESS:
(NAME) (SEAL)
(NAME)
(NAME)
^r
??. __-----.
CORPORATION: it?iL? f'Y-?' S /?' ?--•? e.
Attest: v `\
(Secretary)
TOWNSHIP:
(SEAL)
(SEAL)
NAME) (CORPOP,ATE
SEAL)
President
Attest: `, ?o?cae?owrzs?r,4 (NAME)
SCOTT R, WAGNER
PRESIDENT
PENN WASTE INC.
(TOWNSHIP
SEAL)
(Secretary-7
by Chairman
3
EXHIBIT D
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i HE PROTHONOTARY
2012 AUG -2 AM I I: 49
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC.,
Plaintiff,
NO.: 12 3477 Civil
V.
JULIET A. FULLER,
Defendant
Civil Action - Law
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, Penn Waste, Inc., and against Defendant, Juliet
Fuller, for failure to answer Plaintiff's Complaint.
(X) Assess damages as follows:
Debt $157.92
Magisterial District Costs as specified in Complaint 101.77
Attorney's Fees 1,543.00
TOTAL
$1,802.69
(X) I certify that the foregoing assessment of damages is for specified amounts
to be due in the Complaint and is calculable as a sum certain from the Complaint.
O Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I cert fy
that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file I
Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/
Attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of
filing of this Praecipe. A copy of the Notice is attached.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES
ACT: THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE S ?,? Q
FOR THAT PURPOSE.
?+ -9310 01
?? ?ce .lei
Respectfully submitted,
Date:
STOCK AND LEADER
By:
effr . Bright, Esquire
PA 307259
Susquehanna Commerce Center East
221 West Philadelphia Street
Suite 600
York, PA 17401
Telephone Number: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiff
NOW, , 2012, JUDGMENT IS ENTERED AS ABOVE.
Prothono /Clerk, Civil Division
By:_
Deputy
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES
ACT: THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US
FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC.,
Plaintiff,
NO.: 12 3477 Civil
V.
JULIET A. FULLER,
Defendant
Civil Action - Law
NOTICE OF DEFAULT
TO: Juliet A. Fuller
457 Heisey Road
Mechanicsburg, PA 17055
DATE OF NOTICE: July 13, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YI
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service of
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., NO.: 12 3477 Civil
Plaintiff,
V.
JULIET A. FULLER, Civil Action - Law
Defendant
NOTICE OF FILING JUDGMENT
( X ) Notice is hereby given that a Judgment in the above-ca tioned matter has been entered
you in the amount of $1,802.62 on as)q . I -ar; -
( X ) Copies of all documents filed with the Prothonotary in support of the within judgment is
enclosed.
Prothonot ivil ' isi n
By:
If you have any questions regarding this Notice, please contact the filing party:
Jeffrey C. Bright, Esquire
STOCK AND LEADER
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
(This Notice is given in accordance with Pa.R.C.P. 236)
Notice sent to:
Juliet A. Fuller
457 Heisey Road
Mechanicsburg, PA 17055
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES A T:
THIS OFFICE IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., NO.: 12 3477 Civil
Plaintiff,
V.
JULIET A. FULLER, Civil Action - Law
Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
SS.
Before me, a Notary Public of York County, Pennsylvania, personally appeared
Jeffrey C. Bright, Esquire, Attorney for the Plaintiff in the above entitled case, who being
duly sworn or affirmed according to law deposes and says that to the best of his
knowledge, the Defendant, Juliet A. Fuller, is not in the military service of the United
States of America, that to the best of his knowledge the said Defendant is now living at
457 Heisey Road, Mechanicsburg, Pennsylvania 17055, and is a resident of
Pennsylvania.
effre , right, Esquire
Attorney for Plaintiff
Sworn and subscribed to before me
this day of*ir, 2012.
Notary Public
0"aWAT" 21 reNNSnviwu
NOWIM Sal
Pamda H. WWW, Notary KMc
City of York, York COMW
RAY C0llbn 16, 2015
MEMCER, M M nVAMIAAAQA OF NOTARIES
T
.~
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
CNIL DIVISION
--~ =°-
r~
PENN WASTE, INC., No.: 12-3477 Civil ~:~~
Plaintiff cts'.~_ ,
-"~ d,w.
: ~L~
VS. : ~~-~
r- t~-.
JULIET A. FULLER,
Defendant
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF SAID COURT:
~~
"L7
:~
r-
Please issue a Writ of Execution in the above matter as follows:
(1) Directed to the Sheriff of Cumberland County, Pennsylvania with instruction to levy
personal property including but not limited to the vehicle described on the attached
PennDOT abstract report, digital cameras, printers, computers, furniture, patio furni
grills, lawn mowers, entertainment systems, televisions, digital camcorders, freezers
tools of value belonging to Defendant at 457 Heisey Road, Mechanicsburg,
Pennsylvania 17055;
(2) against Defendant, Juliet A. Fuller; and
(3) and enter this Writ in the judgment index against Defendant, Juliet A. Fuller; and
(4) AMOUNT OF JUDGMENT (AS ENTERED): $ 1,802.
Post judgment Interest (8/2!12 to 8/17/12 @ 6% per annum) $ 4.
TOTAL DUE: $ 1,807.
STOCK AND LEADER
Date
By:
~1.,~~ ~ke.C~
C~~"r;t,'~3~
,~ ~ ~, 7y7~-7
~ iG ~ s"u c••~ 6'F
.~ ~ J ~•~~ 4.1-
Je • y fight, Esquire
re Court I.D. #307259
Susquehanna Commerce Center -East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
Telephone: (717) 846-9800
Fax: (717) 843-6134
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PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
8/07/1Z 11:04
PAGE 1
OWNER JULYET PULLER
457 NEZSEY RD
MECNANICSBURG PA 1705a
TITLE NUMBER
TA6 NUMBER
VIN
MAKE
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS
STOPS
44954005
EVJ4996
YV1FA8849L249605$
vDLVo
7GL
].21561149000930 001
dRG2651
YES
NO
TITLE BRAND INFORMATION
NO YYTLE iRANDS EXIST FOR THIS TxTI.E
LIEN INFORMATION
LIEN HOLDER N0. 1
NAME COMMUNITY BANK
ADDRESS: 150 MARKET SQUARE
MILLERSSURG PA 17061
NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE
122200272000063 002
LESSEE NONE
TITLE DATE 04/01/92
REGISTRATION EXPIRY DATE: 05/13
BODY TYPE : SDN
ODOMETER READING 95,014*
FACTUAL MILEAGE
DUPLICATE TITLE CDUNT 0
VEHICLE YEAR : 1990
STOLEN DATE
EXPIRATION DATE: 1D/11/07
ADA NO
ELT IND:
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ADDRESS CORRESPONDENCE T0: INFORMATION: f8:00 AM TO 5:00 PM)
DEPARTMENT DF TRANSPORTATION IN STATE 2-800-932-4600
VEHICLE RECORD SERVICES DUT~DF~STATE 717-412-5300
PO BOX 68691 TDD IN STATE 1-800-228-0676.
HARRISBURG, PA 17106-8641 TDD OUT-OF-STATE 7I7~412~5380
WWW.DOT.STATE.PA.US
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
CIVIL DIVISION
PENN WASTE, INC., No.: 12-3477 Civil
Plaintiff
vs.
JULIET A. FULLER,
Defendant
Commonwealth of Pennsylvania
County of York
Before me, a Notary Public of York County, Pennsylvania, personally appeared Jeffrey C.
Bright, Esquire, Attorney for Plaintiff in the above entitled case, who being duly sworn or affi d
according to law deposes and says, that to the best of his knowledge the Defendant above name is
not in the military service of the United States of America, and that to the best of his knowledge t at
the said Defendant is now living at 457 Heisey Road, Mechanicsburg, Pennsylvania 17055.
ooh ~',~-
~fre~~'Bright, Esquire
ttorney for Plaintiff, Penn Waste, Inc.
Sworn and subscribed before me this
.y s~~ day of ~Z~~~cGf ~ , 2012
Mary K. Ridings, Notary PubUc
City of York, York County
My - Expires Oct. 15.2014
Notary
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N012-3477 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PENN WASTE, INC. Plaintiff (s)
From JULIET A. FULLER, 457 HEISEY ROAD, MECHANICSBURG, PA 17055
(1)You are directed to lery upon the property of the defendant (s)and to sell LEVY ON ALL
PERSONAL PROPERTY, INCLUDING BUT NOT LIMITED TO THE VEHICLE DESCRIBED
ON THE ATTACHED PENNDOT ABSTRACT REPORT, DIGITAL CAMERAS, PRINTERS,
COMPUTERS, FURNITURE, PATIO FURNITURE, GRILLS, LAWN MOWERS,
ENTERTAINMENT SYSTEMS, TELEVISIONS, DIGITAL CAMCORDERS, FREEZERS AND
TOOLS OF VALUE BELONGING TO DEFENDANT AT 457 HEISEY ROAD,
MECHANICSBURG, PA 17055 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$1802.62
L.L. $.50
Interest POST-JUDGMENT INTEREST (8/2/12 TO 8/17/12 @ 6% PER ANNUM) - $4.44
Atty's Comm
Atty Paid $47.50
Plaintiff Paid
Date: 8/22/12
Due Prothy $2.25
Other Costs
~~~ ~ ~
David D. Buell, Prothonotary _
(Seal)
Deputy
REQUESTING PARTY:
Name :JEFFREY C. BRIGHT, ESQ.
Address: STOCK AND LEADER, SUSQUEHANNA COMMERCE CENTER- EAST, SUITE 600,
221 WEST PHILADELPHIA STREET, YORK, PA 17401-2994
Attorney for: PLAINTIFF
Telephone: 717-846-9800
Supreme Court ID No. 307259
PENN WASTE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIET A. FULLER,
Defendant NO. 2012-3477 CIVIL TERM
IN RE: DEFAULT JUDGMENT
ORDER OF COURT
AND NOW, this 11th day of October, 2012, the
parties are given until October 22, 2012, to file a brief in
support of their respective positions on whether or not
Defendant's non-use of any services by the Plaintiff is a
viable defense.
By the,C~
r
O
~;
Edward E. Guido, J.
~ Jeffrey C. Bright, Esquire
PENN WASTE, INC.
85 Brickyard Road
York, PA 17402
r'Juliet A. Fuller
457 Heisey Road
Mechanicsburg, PA 1'7055
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PENN WASTE, iNC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIET A. FULLER N0. 2012 - 3477 CIVIL TERM
ORDER OF COURT
AND NOW, this 31ST day of OCTOBER, 2012, after hearing the evidence and having
reviewed thf~ pleadings as well as the briefs filed by the parties in support of their respective
positions, Defendant's "Petition for Relief from Judgment by Default" is GRANTED and the
judgment previously entered is STRICKEN.1
By the-four ,
i,
!.
Edward E. Guido, J.
i/Jeffrey C. Bright
Esquire i.,y
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221 W. Philadelphia Street ~~ ~ ~= -~
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York, Pa. 17401-2994 ~~ N c '~_~
/ Juliet A. Fuller .°`-'=:~ ~`
457 Heisey Rc>ad
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' Insofar as the "Petition for Relief" does not specify whether it looks to open or strike the judgment, we have
treated it as both. While we are satisfied that grounds to open the judgment have not been proven, we are also
satisfied that the judgment must be stricken. Attorney fees in the amount of $1543.00 are included in the
judgment amount. A review of the record fails to show either a "c:lear agreement between the parties" or
"express statutory authorization" for the recovery of such fees. Bayne v. Smith, 965 A.2d 265 at 267 (Pa. Super.
2009). The inclusion of such fees as part of the judgment amounts to a fatal defect on the face of the record.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
,,nderson ~fL~~-~~~~;;,
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6 Smith
;f Deputy
.ichard W Stewart
Solicitor
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I;Uh°IBER~AIVD COUI~ Y
€~~Nr~sY~.vArriA
Penn Waste, Inc.
vs.
Juliet M. Fuller
Case Number
2012-3477
SHERIFF'S RETURN OF SERVICE
08/30/2012 07:35 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be CHARLES
LAMAREUX-TENANT, who accepted as "Adult Person in Charge" for the within named Defendant, to wit:
Juliet M. Fuller at 457 Heisey Road, Hampden Township, Mechanicsburg, PA 17055, informed person of
contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and
letter mailed to defendant on 08-31-12.
09/19/2012 Defendant dropped off Petition For Relief From Judgment By Default to our office after she filed it with the
Prothonotary's office. Copy put in file.
09/20/2012 Sheriffs sale scheduled for Wednesday, October 3, 2012 at 3:00 p.m.
09/20/2012 05:55 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by
posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property
located at 457 Heisey Road, Monroe Township, Mechanicsburg, PA 17055, Cumberland County.
09/25/2012 ORDER OF COURT
And now, this 25th day of September 2012, a Rule is issued upon Plaintiff to Show Cause why the Default
Judgment should not be opened.
Rule returnable Thursday, October 11, 2012, at 2:30 p.m. in Courtroom #3, Cumberland County
Courthouse, Carlisle, PA.
By the Court,
Edward E. Guido, Judge
09/27/2012 ORDER OF COURT
And now, this 27th day of September, 2012, the Sheriffs Sale scheduled for Wednesday, October 3,
2012 is hereby STAYED.
By the Court,
Edward E. Guido, Judge
10/11/2012 Court hearing held this date. Both parties have until 10-22-12 to file briefs.
11/13/2012 Ronny R. Anderson, Sheriff, who being duly.sworn according to law, states this writ of execution is
returned STAYED per court order.
SHERIFF COST: $110.16 a as~.~o. SO ANSWERS,
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November 13, 2012 1070 RON R ANDERSON, SHERIFF
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