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HomeMy WebLinkAbout05-4373 BOROUGH OF CARLISLE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 05-1,1373CIVIL TERM GILBERT WALLACE HEMMINGER, JR.,: and MAXINE MAE HEMMINGER, Defendants : IN ASSUMPSIT 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 B-," ~~~ Edward L. Schorpp, Esquire PA ID No. 17495 35 South Thrush Drive Carlisle, PA 17013 (717) 486-8386 Solicitor for Borough of Carlisle Date: #~.r~ ~t:7r- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- tf31:f.WIL TERM BOROUGH OF CARLISLE. Plaintiff GILBERT WALLACE HEMMINGER, JR.,: and MAXINE MAE HEMMINGER, Defendants : IN ASSUMPSIT COMPLAINT NOW COMES, the Plaintiff, Borough of Carlisle, by and through its Solicitor, Edward L. Schorpp, Esq., and files the within Complaint against Defendants: I. The Borough of Carlisle (herein, the "Borough") is a political subdivision and municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania with principal offices at 53 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants Gilbert WaUace Hemminger, Jr., and Maxine Mae Hemminger, are adult individuals and husband and wife who reside at 532 Ellencroft Road, Lewisberry, York County, Pennsylvania 17339-9516 3. At aU times relevant herein, Defendants were the owners, as tenants by the entirety, of certain real estate situate at 248 West North Street, Carlisle, Cumberland County, Pennsylvania ("Premises"). 4. Over a substantial period of time prior to June 2005, Defendants, jointly and/or severaUy, permitted, caused or facilitated the accumulation of substantial garbage, rubbish, trash, contents, hazardous and unsafe materials, dead animals and critters, human, bird and animal feces and other malodorous materials inside the Premises. 5. Defendants, jointly and/or severaUy, permitted, caused or facilitated the accumulation of the items described in the preceding paragraph in violation of the Property Maintenance Code of the Borough of Carlisle, caused a public nuisance and jeopardized the public safety. 6. In response to complaints, and upon becoming aware of the unsanitary and deplorable condition of the Premises, the Borough notified and ordered the defendants to clean-up the premises and abate the public nuisance. 7. Defendants, jointly and/or severaUy, refused to timely clean-up the Premises, bring it into compliance with codes and restore the public safety. 8. As a result of Defendants failure to clean-up the Premises, the Borough Council of the Borough of Carlisle declared the Premises to be a public nuisance, thereby directing its clean-up at the expense of Defendants. 9. At aU times relevant herein, the Defendants, as owners, were jointly responsible for the condition of the premises. 10. At aU times relevant herein, the Defendants were individuaUy and severaUy responsible to maintain the premises in a clean and sanitary condition and refrain from causing or aUowing a public nuisance. 11. Because Defendants, jointly and/or severaUy, refused and/or failed to act, Plaintiff caused the Premises to be restored to a sanitary condition, thereby incurring substantial public expense. 12. Plaintiff incurred clean-up expenses in the amount of$44,549.65, as evidenced by the invoices attached hereto as Exhibit "A," and is entitled to a ten percent penalty of$4,454.97 (see 53 P.S. 946202(5)], for total damages of $49,004.62. Further, Plaintiff is entitled to its costs and interest at the rate often percent (10%)(See 53 P. S. 97143), or $13.45 per day, from June 21, 2005. COUNT I Borough of Carlisle vs. Gilbert WaUace Hemminger, Jr. In Assumpsit 13. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 14. By statute, municipal claims for the removal of nuisances are recoverable in an action of assumpsit; see 53 P.S. ~ 7251. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Gilbert WaUace Hemminger, Jr., in the total amount of$49,004.62, plus interest at the rate of$13.45/day from June 21, 2005, plus its costs in this action. 2 COUNT II Borough of Carlisle vs. Maxine Mae Hemminger In Assumpsit 15. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 16. By statute, municipal claims for the removal of nuisances are recoverable in an action of assumpsit; see 53 P.S. 97251. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Maxine Mae Hemminger in the total amount of$49,004.62, plus interest at the rate of $13 .45/day from June 21, 2005, plus its costs in this action. COUNT III Borough of Carlisle vs. Gilbert Wallace Hemminger, Jr., and Maxine Mae Hemminger In Assumpsit 17. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 18. By statute, municipal claims for the removal of nuisances are recoverable in an action of assumpsit; see 53 P .S. S 7251. WHEREFORE the Plaintiff demands judgment in its favor against Defendants Gilbert Wallace Hemminger, Jr., and Maxine Mae Hemminger in the total amount of $49,004.62, plus interest at the rate of $ 13.45/day from June 21, 2005, plus its costs in this action. COUNT IV Borough of Carlisle vs. Gilbert Wallace Hemminger, Jr. Quantum Meruit 19. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 20. Plaintiff's actions in cleaning-up the Premises, restoring it to a sanitary condition and abating the public nuisance conferred substantial benefit upon Defendant in that Plaintiff performed duties required of Defendant by law, thereby increasing and/or facilitating the use, marketability and 3 value of the Premises and unjustly enriching the Defendant. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Gilbert Wallace Hemminger, Jr., in the total amount of$49,004.62, plus interest at the rate of$13.45/day from June 21, 2005, plus its costs in this action. COUNT V Borough of Carlisle vs. Maxine Mae Hemminger Quantum Meruit 21. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 22. Plaintiffs actions in cleaning-up the Premises, restoring it to a sanitary condition and abating the public nuisance conferred substantial benefit upon Defendant in that Plaintiff performed duties required of Defend ant by law, thereby increasing and/or facilitating the use, marketability and value of the Premises and unjustly enriching the Defendant. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Maxine Mae Hemminger in the total amount of$49,004.62, plus interest at the rate of $13 AS/day from June 21, 2005, plus its costs in this action. COUNT VI Borough of Carlisle vs. Gilbert Wallace Hemminger, Jr., and Maxine Mae Hemminger Quantum Meruit 23. The averments of Paragraphs 1-12, inclusive, of this Complaint are incorporated herein by reference. 24. Plaintiff s actions in cleaning-up the Premises, restoring it to a sanitary condition and abating the public nuisance conferred substantial benefit upon Defendants in that Plaintiff performed duties required of Defendants by law, thereby increasing and/or facilitating the use, marketability and value of the Premises and unjustly enriching the Defendants. WHEREFORE the Plaintiff demands judgment in its favor against Defendants Gilbert Wallace Hemminger, Jr., and Maxine Mae Hemminger in the total amount of $49,004.62, plus 4 interest at the rate of $ 13.45/day from June 21, 2005, plus its costs in this action. ~~ Edward L. Schorpp, E quire PAIDNo.17495 35 South Thrush Drive Carlisle, P A 17013 (717) 486-8386 Solicitor for Borough of Carlisle Date:A"""<f'l:/..r'7 ~~ ~ 5 VERIFICATION I, John O'Neill, Finance Director of the Borough of Carlisle, Cumberland County, Pennsylvania, acknowledge that I have the authority to execute this Verification on behalf of the Borough of Carlisle and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. ~ ~ c1# J!.hn O'Neill Finance Director Dated: 7? -~'I-OS;- Please make your check pavable to: Invoice Invoice Numher: R-12527 Invoice Date: Jut21.2005 Paae: 1 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job ReDort: Shift Rate: Incident Ref: June 21 to June 24, 2005 Clean Shift 1 HB-05-0048 Customer 10 Borough of Carlisle Customer PO Pavment Terms 1% 10, Net 30 Days Due Date 1 , 8/20105 I Quantity Item Description Unit Price Exten sion Location: 248 West North Street, Carlisle, PA. Clean abandoned property. Contact: Alycia ReitenlZoning Officer 8.0e EC Emergency Response Haz-Mat 65.0C 520.00 Coordinator, (Supervisor) 8.0e GT General Technician 41.0C 328.00 8.0C GT General Technician 41.0C 328.00 8.0e GT General Technician 41.0C 328.00 B.Oe GT General Technician 41.0C 328.00 1.0e 300 Standard Pick-up Truck 125.0C 125.00 1.00 500A Standard Box Truck with Lift Gate 250.0C 250.00 7.00 GT General Technician 41.0C 287.00 7.00 GT General Technician 41.0C 287.00 1.00 500A Standard Box Truck with Lift Gate 250.0C 250.00 We will add finance charges on Invoices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Continued Continued Continued Continued Pennsylvania Please make your check pavable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: June 21 to June 24, 2005 Clean Shift 1 HB-05-0048 Customer ID Borough of Carlisle Invoice Invoice Number: R-12527 Invoice Date: Ju121.2005 Paae: 2 Customer PO Pavment Terms Due Date 1% 10, Net 30 Days 8/20/05 Quantity 8.0 EL Item Description Emergency Response Team Leader, (Foreman) General Technician General Technician General Technician General Technician General Technician General Technician General Technician General Technician Standard Pick-up Truck Standard Box Truck with Lift Gate Disposable Chemical Oversuit Emergency Response Team Leader, (Foreman) General Technician General Technician General Technician Unit Price 54.0 41.0 41.0 41.0 41.0 41.0 41.0 41.0 41.0 125.0 250.0 46.0 54.0 We will add finance charges on invoices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Pennsylvania Extension 432.00 287.00 328.00 328.00 328.00 328.00 328.00 328.00 287.00 250.00 500.00 230.00 135.00 102.50 82.00 82.00 Continued Continued Continued Continued HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Invoice Invoice Numher: R-12527 Invoice Date: Ju121.2005 Pace: 3 ,Please make your check Davable to: Incident Date: Job ReDort: Shift Rate: Incident Ref: June 21 to June 24, 2005 Clean Shift 1 HB-05-0048 Customer 10 Borough of Carlisle I Customer PO Payment Terms Due Date 1% 10, Net 30 Days 8/20105 Quantity Item Description Unit Price Extension 1.0C 500A Standard Box Truck with lift Gate 250.00 250.00 1.0C FS Fuel Surcharge of 14% (Fuel 227.50 227.50 Surcharge on all fuel consuming vehicles). We will add finance charges on inVOices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL 7,864.00 7.864.00 7,864.00 Pennsylvania _ Please make your check payable to: " '. ..r...'. r' .' " ." ill l.]'iI : Ii Ii" -- j D~.,DUGH OF CARL!~~!..t DEP1. Of PUBLIC WOR~S -4 Invoice Invoice Number: R-12552 Invoice Date: Jul 29, 2005 Paae: 1 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax ID No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: June 14to June 17 Initial Shift 1 HB-05-0048 Customer 10 Borough of Carlisle Customer PO Payment Terms 1% 10, Net 30 Days Due Date 8/28/05 Quantity Item Description Unit Price Extension Location: 248 West North Street, Carlisle. PA. Contact: Alycia ReitenlZoning Officer Clean abandoned property. 8.0C EC Emergency Response Haz-Mat 55.0C 520.00 Coordinator, (Supervisor) 8.0C GT General Technician 41.0C 328.00 5.0C GT General Technician 41.0C 205.00 5.0C GT General Technician 41.0C 205.00 8.0C GT General Technician 41.0C 328.00 8.0C GT General Technician 41.0C 328.00 1.0C 300 Standard Pick-up Truck 125.0C 125.00 1.0C SODA Standard Box Truck with Lift Gate 250.0C 250.00 6.0C SX Disposable Chemical Oversuit 46.0C 276.00 1.0C Transportation & Disposal Invoice to follow. If applicable We will add finance charges on inVOices more than 30 days old. Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Continued Continued Continued Check No: Continued Pennsylvania HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Invoice Invoice Number: R-12552 Invoice Date: Jul 29_ 2005 Paoe: 2 _ Please make your check Davable to: Incident Date: Job Reoort: Shift Rate: Incident Ref: June 14 to June 17 Initial Shift 1 HB-05-0048 Customer 10 Borough of Carlisle Customer PO I I Payment Terms 1% 10, Net 30 Days I 1 Due Date i 8/28/05 Quantity Item Description Unit Price Extension Wednesday/June 1S, 200S 7.0( EC Emergency Response Haz-Mat 65.0r 45S.00 Coordinator, (Supervisor) 7.0C GT General Technician 41.0C 287.00 7.0C GT General Technician 41.0C 287.00 7.0C GT General Technician 41.0C 287.00 7.OC GT General Technician 41.0C 287.00 7.0C GT General Technician .. 41.0C 287.00 7.0C GT General Technician 41.0C 287.00 1.0C 300 Standard Pick-up Truck 125.0C 125.00 1.0C 500A Standard Box Truck with Lift Gate 250.0C 2S0.00 7.0C SX Disposable Chemical Oversuit 46.0C 322.00 1.0C Thursday/June 16, 2005 4.0C EC Emergency Response Haz-Mat 65.0C 260.00 Coordinator, (Supervisor) We will add finance charges on invoices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Continued Continued Transportation & Disposal Invoice to follow. If applicable Continued Continued Pennsylvania cPlease make your check pavable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Customer 10 Incident Date: Job Reoort: Shift Rate: Incident Ref: Borough of Carlisle June 14 to June 17 Initiai Shift 1 HB-05-0048 Invoice Invoice Number: R-12552 Invoice Date: Jul 29. 2005 Paae: 3 Customer PO Due Date Pa ment Terms 1% 10, Net 30 Days Item 8/28/05 Description General Technician General Technician General Technician General Technician Standard Pick-up Truck Standard Box Truck with Lift Gate Disposable Chemical Oversuit Friday/June 17, 2005 Emergency Response Haz-Mat Coordinator, (Supervisor) General Technician General Technician Standard Pick-up Truck Standard Box Truck with Lift Gate Fuel Surcharge of 14% (Fuel Surcharge on all fuel consuming Unit Price 41.0 41.0 41.0 41.0 125.0 250.0 46.0 41.0 41.0 125.0 250.0 210.0 We will add finance charges on invoices more than 30 days old. Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Transportation & Disposal Invoice to follow. If applicable Check No: Pennsylvania Extension 164.00 164.00 164.00 164.00 125.00 250.00 230.00 520.00 328.00 328.00 125.00 250.00 210.00 Continued Continued Continued Continued Please make your check pavable to: Invoice Invoice Number: R-12552 Invoice Date: Jul 29. 2005 Paae: 4 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reoor!: Shift Rate: Incident Ref: June 14 to June 17 Initial Shift 1 HB-05-0048 Customer ID Borough of Carlisle r Customer PO Pavment Tenns Due Date 1% 10, Net 30 Days 8/28/05 i : Quantity Item Description Unit Price Extension vehicles). . We will add finance charges on inVOices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL 8,721.00 Transportation & Disposal Invoice to follow - If applicable 8,721.00 8,721.00 Pennsylvania Please make your check Davable to: Invoice Invoice Number: R-12575 Invoice Date: Jul 29, 2005 Page: 1 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 ,.. , Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Report: Shift Rate: Incident Ref: June 6-June 13, 2005 Initial Shift 1 HB-05-0048 Customer ID Borough of Carlisle Customer PO Pavment Terms Due Date 1% 10, Net 30 Days 8/28/05 Quantity Item Description Unit Price Extension Location: 248 West North Street Carlisle, PA Contact: Alycia Reiten Clean abandoned property. 1.0C Monday/June 6, 2005 6.5C EC Emergency Response Haz-Mat 65.00 422.50 Coordinator, (Supervisor) 6.5C GL General Laborer 39.00 253.50 6.5C GL General Laborer 39.00 253.50 6.5C GL General Laborer 39.00 253.50 6.5C GL General Laborer 39.00 253.50 6.5C GL General Laborer 39.00 253.50 1,5C EO Equipment Operator, Driver 43.00 64.50 We will add finance charges on invoices more than 30 days old. Check No: Subtotal Sales Tax Freight T otallnvoice Amount Payment Received TOTAL Continued Continued Transportation & Disposal Invoice to follow. If applicable Continued Continued Pennsylvania Please make your check pavable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Report: Shift Rate: Incident Ref: Customer 10 Borough of Carlisle June 6-June 13, 2005 Initial Shift 1 HB-05-0048 Invoice Invoice Number: R-12575 Invoice Date: Jul 29, 2005 Page: 2 I i Customer PO Pavment Tenns 1% 10, Net 30 Days Due Date 8/28/05 Item Description Standard Pick-up Truck Standard Box Truck with Lift Gate Roll-Off Box, 20 Cubic Yards and em Axle Tractor/Dump Disposable Chemical Oversuit Tuesday/June 7, 2005 Emergency Response Haz-Mat Coordinator, (Supervisor) .. General Laborer General Laborer General Laborer General Laborer General Laborer Standard Pick-up Truck Standard Box Truck with Lift Gate Disposable Chemical Oversuit Unit Price 125.0 250.0 20.0 60.0 46.0 39.0 39.0 39.0 39.0 39.0 125.0 250.0 46.0 We will add finance charges on invoices more than 30 days old. Transportation & Disposal Invoice to follow - If applicable Check No: Pennsylvania Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Extension 125.00 250.00 130.00 120.00 322.0 520.0 312.00 117.00 312.00 175.50 312.00 125.00 250.0 276.00 Continued Continued Continued Continued Please make your check Davable to: Invoice Invoice Number: R-12575 Invoice Date: Jul 29, 2005 Page: 3 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 " Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reeort: Shift Rate: Incident Ref: June 6-June 13, 2005 Initial Shift 1 HB-05-0048 Customer 10 Borough of Carlisle Customer PO Pavment Terms Due Date 1% 10, Net 30 Days 8/28/05 Quantity 1.0 Item Description Unit Price Extension Thursday/June 9, 2005 Emergency Response Haz-Mat Coordinator, (Supervisor) General Technician General Technician General Technician General Technician Standard Pick-up Truck Standard Box Truck with Lift Gate Disposable Chemical Oversuit 195.00 123.00 123.00 123.00 123.00 125.00 250.00 230.00 Friday/June 10,2005 Emergency Response Haz-Mat Coordinator, (Supervisor) General Technician 520.00 328.00 We will add finance charges on invoices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Continued Continued Transportation & Disposal Invoice to follow - If applicable Continued Continued Pennsylvania Please make your check Davable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: . Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Rooert: Shift Rate: Incident Ref: June 6-June 13, 2005 Initial Shift 1 HB-05-0048 Customer ID Borough of Carlisle Invoice Invoice Number: R-12575 Invoice Date: Jul 29, 2005 Page: 4 Customer PO Pavment Terms Due Date 1% 10, Net 30 Days 8/28/05 Item Description General Technician General Technician General Technician Standard Pick-up Truck Standard Box Truck with Lift Gate Disposable Chemical Oversuit Unit Price 41.0 41.0 41.0 125.0 250.0 46.0 Monday~une13,2005 Emergency Response Haz~Mat Coordinator, (Supervisor) General Technician General Technician General Technician General Technician General Technician General Technician Standard Pick-up Truck We will add finance charges on invoices more than 30 days old. Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Transportation & Disposal Invoice to follow. If applicable Check No: Pennsylvania Extension 328.00 328.00 328.00 125.00 250.00 230.00 455.00 287.00 287.00 287.00 287.00 287.00 287.00 125.00 Continued Continued Continued Continued Please make vour check Davable to: Invoice Invoice Number: R-12575 Invoice Date: Jul 29, 2005 Page: 5 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle S3 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: June 6-June 13, 200S Initial Shift 1 HB-OS-0048 Customer ID Borough of Carlisle I Customer PO Pavment Terms Due Date 1% 10, Net 30 Days 8/28/0S Quantity Item Description Unit Price Extension 1.01 SOOA Standard Box Truck with Lift Gate 2S0.01 2S0.00 7.01 SX Disposable Chemical Oversuit 46.01 322.00 1.01 FS Fuel Surcharge of 14% (Fuel 262.S1 262.S0 Surcharge on all fuel consuming vehicles). We will add finance charges on Invoices more than 30 days old. Check No: Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL 11,966.S0 Transportation & Disposal Invoice to follow. If applicable 11,966.S0 11,966.S0 Pennsylvania Please make your check pavable to: Invoice Invoice Number: R-12583 Invoice Date: Jul 29. 2005 Paae: 1 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle S3 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: June 29-July 12, 200S Follow-up Shift 1 HB-OS-0048 Customer ID Borough of Carlisle I 8/28/0S I i i Customer PO Payment Tenns 1% 10, Net 30 Days Due Date ,Quantity Item Description Unit Price Extension Location: 248 West North Street Carlisle. PA Contact: Alycia Reiten Clean abandoned property, 1.0C Wednesday/June 29, 200S 7.S0 EC Emergency Response Haz-Mat 6S.00 487.S0 Coordinator, (Supervisor) 7,SC GT General Technician 41.0e 307.S0 6.0e GT General Technician 41.0e 246.00 7.Se GT General Technician 41.0e 307,SO 1.0e 500A Standard Box Truck with Lift Gate 250.0( 2S0.00 1.0e Thursday/June 30, 2005 We will add finance charges on invoices more than 30 days old. Subtotal Transportation & Disposal Invoice to follow. If Sales Tax applicable Freight Total Invoice Amount Check No: Payment Received TOTAL Continued Continued Continued Continued Pennsylvania Ple~se make your check payable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Cartisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reeort: Shift Rate: Incident Ref: Customer ID Borough of Cartisle Invoice Invoice Number: R-12583 Invoice Date: Ju129.2005 Paae: 2 June 29-July 12, 2005 Follaw-up Shift 1 HB-05-0048 Customer PO Due Date Pavment Terms 1% 10, Net 30 Days Item 8/28/05 We will add finance charges on invoices more than 30 days old. Subtotal Safes Tax Freight Total Invoice Amount Payment Received TOTAL Quantity 8.0 EC Description Emergency Response Haz-Mat Coordinator, (Supervisor) General Technician General Technician General Technician General Technician Digital Camera Standard Box Truck with Lift Gate Friday/July 1, 2005 Emergency Response Haz-Mat Coordinator, (Supervisor) General Technician Standard Box Truck with Lift Gate Tuesday/July 5,2005 Transportation & Disposallnyoice to follow - If applicable Check No: Pennsylvania Unit Price 65.0 Extension 520.00 328.00 225.50 328.00 225.50 45.00 250.00 41.0 41.0 41.0 41.0 45.0 250.0 390.0 246.00 250.00 Continued Continued Continued Continued Please make vour check Davable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 TaxlDNo.223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: Customer 10 Borough of Carlisle Customer PO P ment Terms 1% 10, Net 30 Days Item Description General Technician General Technician General Technician General Technician General Technician Standard Box Truck with Lift Gate Digital Camera Disposable Chemical Oversuit Wednesday/July 6, 2005 General Technician General Technician General Technician General Technician Standard Box Truck with Lift Gate Disposable Chemical Oversuit June 29-July 12, 2005 Follow-up Shift 1 HB-05-0048 41.0 41.0 41.0 41.0 250.0 46.0 We will add finance charges on invoices more than 30 days old. Transportation & Disposal Invoice to follow - If applicable Check No: Pennsylvania Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Due Date 8/28/05 Invoice Invoice Number: R-12583 Invoice Date: Jul 29. 2005 Pace: 3 Extension 328.0 328.00 328.00 328.00 328.00 250.0 45.00 230.00 164.00 164.00 164.00 164.00 250.00 184.0 Continued Continued Continued Continued Please make your check Davable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax 10 No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: ' Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Reoort: Shift Rate: Incident Ref: Customer 10 Borough of Carlisle June 29-July 12, 2005 FolIOlN-up Shift 1 HB-05-0048 Invoice Invoice Number: R-12583 Invoice Date: Jul 29. 2005 Pace: 4 Quantity Customer PO Pavment Tenns 1% 10, Net 30 Days Item Description Thursday/July 7, 2005 General Technician General Technician General Technician Standard Box Truck with Lift Gate Disposable Chemical Oversuit Friday/July 8, 2005 General Technician General Technician General Technician General Technician Standard Box Truck with Lift Gate Digital Camera Disposable Chemical Oversuit Unit Price 41.0 41.0 41.0 250.0 46.0 41.0 41.0 41.0 41.0 250.0 45.0 46.0 We will add finance charges on invoices more than 30 days old. Transportation & Disposal Invoice to follow - If applicable Check No: Pennsylvania Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Due Date I I , 8/28/05 Extension 328.00 328.00 328.00 250.0 138.00 307.50 307.50 307.50 307.50 250.00 45.00 184.00 Continued Continued Continued Continued Please make your check Davable to: HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax1DNo.223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street CarHsle. PA 17013 Incident Date: Job Report: Shift Rate: Incident Ref: Customer ID Borough of Carlisle Customer PO Payment Tenns 1% 10, Net 30 Days June 29-July 12, 2005 Follow-up Shift 1 HB-05-0048 Invoice Invoice Number: R-12583 Invoice Date: Jul 29. 2005 Pace: 5 Due Date 8/28/05 Quantity Item Description Monday/July 11, 2005 General Technician General Technician General Technician General Technician General Technician Standard Box Truck with Lift Gate Digital Camera Disposable Chemical Oversuit uesday/July 12,2005 General Technician General Technician General Technician General Technician General Technician Unit Price We will add finance charges on invoices more than 30 days old. Transportation & Disposal Invoice to follow. If applicable Check No: Pennsylvania Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL Extension 266.50 266.5 164.00 266.50 205.00 250.00 45.00 230.00 164.00 328.0 328.00 307.50 164.00 Continued Continued Continued Continued Please make your check Davable to: Invoice Invoice Number: R-12583 Invoice Date: Jul 29. 2005 Pace: 6 HMHTTC Response, Inc. 400 Valley Road, Suite 303 Mt. Arlington, NJ 07856 Tax ID No. 223326215 Voice: 973-770-6900 Fax: 973-770-6910 Sold To: Borough of Carlisle 53 West South Street Carlisle, PA 17013 Incident Date: Job Rooort: Shift Rate: Incident Ref: June 29-July 12. 2005 Follow-up Shift 1 HB-05-0048 Customer ID Borough of Carlisle Customer PO Pa ment Tenns 1% 10, Net 30 Days Due Date 8/28/05 Quantity Item Description Unit Price Extension 1.0C 500A Standard Box Truck with Lift Gate 250.0C 250.00 1.0C C-06A Digital Camera 45.0C 45.00 5.00 SX Disposable Chemical Oversuit 46.0C 230.00 1.00 S-10 Drum, 17H (Open Head) 55 Gallon 54.0C 54.00 1.00 FS Fuel Surcharge of 14% (Fuel 315.0C 315.00 Surcharge on all fuel consuming vehicles). '. Transportation & Disposal Invoice to follow. If applicable We will add finance charges on invoices more than 30 days old. Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL 14,621.50 14,621.50 Check No: 14,621.50 Pennsylvania - ."., .-p",:: ."'...: .~:;. .~. ~ ~ WAL*MARr' ("~ ALWAVS lOW PRICES. ~Jil 'a..~O IIf{UlJJ:ti. '0 Sr.. ~ a\v...o().:.~ sUP E R C E N T E R WE SEll FOR lESS HANAGER JOHN lINOEHUlOER ( 717 ) 25. - 1250 CIlRlISlE. PENNSYLVANIA STI 25710PI 00000311 TEl 93 TRI 0585. RAID FOGGER 001650081565 I l.46 0 SUITOTRl 11 .16 TOTRl 11. 46 WRlHRRT CREDIT TEND 11 .46 ACCOUNT 11601 RPPRDVAl 1019071 TRAIlS 10 - VAlIORTION _ PAYNENT SERVICE _ CHANGE DUE ". S 0.00 # ITEMS SOLD 1 TCI 357' 9263 7251 2011 6172 IIIIIIIIIIIIII/I"'I~I" ~?~ Not Surl lIhlt To Glt Old or Gr.d? W.J-H.rt GI't C.rd. - p"r'"ct II't.! 05/19/05 17:27:29 ...CUSTOHER COPY... ...CU~lunt" _ur,... J ..j ..~..., x!<-' '-",4;-. /;<. ;.. ,.\",~.", ). ,:,:~.-~ '.-''":-:'..-:. .,. :\.:'-..: :~::./i.:r: '. ..'..~__. .. .>'-;.. .~.~-;:~<:<.~~:::~: '.. ;~~::.~; ,< :. 't'~~;:i:~:;:-:~\;~'r'A ,;;: j-: :~^.:'_'--.:;~i':'~:'..!.:-". ..... h~." :.... .,'.. ;.: ':).~:-,,:;"::-:;<,>;...-. . '--:--'.,..,". ..... ;.-'~ .:' ~~ HARRISBURG HAULING, LLC NORTH EAST WASTE SERVICES. I P.O. BOX 843061 BOSTON, MA 02284-3061 800.631-4490 INVOICE/STATEMENT" DATE ACCOUNT # 386195 0712612005 5007164 BOROUGH OF CARLISLE .. BOROUGH OF CARLISLE .. Bill To: 53 W SOUTH ST CARl.ISLE, PA 17013 LooBtlon: 248 W NORTH ST CARLISLE, PA 17013 I Statement Date I 0712612005 I I Due Date (08/10/2005 DATE PAID CHECK NO, AMOUNT PI8V~OU. a.'.oct 1,204.52 ~I:IARGES THIS INVOICE JUL Y 2005 7/112005 2321 40YC RIO EMPTY & RETURN T 1.00 140.00 0.00 140.00 7/1/2005 7175012 'tEMP FIIO OISPOSAI.. FEE 3.81 44.00 0.00 167.64 7/13/2005 2317 40YD RIO REMOVAL TEMP 1.00 140.00 0,00 140.00 7/1 312005 7176348 TEMP !'VO DISPOSAl. FEE 3.29 44.00 0,00 144.78 JULY 2005 A monthly Intereat charge of 1.5% (18% per year) will be assessed on all balances over 30 daya. Current Charges: 592.40 AO! AMOUNT CUFlRENT 1.798,92 30 AYS 0,00 80 AYS 0.00 90 DAYS 0.00 FINANCE PI,..e PI 0.00 $1,798.92 Deposit Balance: 0.00 Accounl# 5007164 HARRISBURG HAULING, LLC REMIT TO: NORTH EAST WASTE SERVICES, INC P.O. BOX 843061 BOSTON, MA 02284.3061 HARRIS U G HAULING, LLC NORTH E TASTE SERVICES. I P.O. BOX 843061 BOSTON, MA 02284-3061 800-531-4490 BOROUGH OF CARLISLE .. Bill To: 53 W SOUTH ST CARLISLE, PA 17013 . DATE 6/7/2005 6/8/2005 6/8/2005 6/1412005 6/14/2005 6/16/2005 6/16/2005 6/22/2005 6/22/2005 6/24/2005 DATE PAID REFERENGE . -~-- --1-- h 1407 1409 7171907 1466 7172540 1468 7172916 1469 7173693 2316 Deposit Balance: 0.00 Accounl# 5007164 INVOICE/STATEMENT # 381743 DATE 06/30/2004 ACCOUNT # 5007164 BOROUGH OF CARLISLE .. Location: 248 W NORTH ST 1 a '1// l; CHECK NO. CARLISLE, PA 17013 Statement Date 06/30/2004 Due Date 07/15/2004 AMOUNT For proper credit please return lop portion. .. Y'^,"-> ,"'.";" . DEstRIPTidr1f ."',", I. Previous Balance CHARGES THIS INVOICE JUNE 2005 40YD RIO DELIVERY TEMP 40YD RIO EMPTY & RETURN T TEMP RIO DISPOSAL FEE 40YD RIO EMPTY & RETURN T TEMP RIO DISPOSAL FEE 40YD RIO EMPTY & RETURN T TEMP RIO DISPOSAL FEE 40YD RIO EMPTY & RETURN T TEMP RIO DISPOSAL FEE DRY RUN FEE JUNE 2005 A monthly interest charge of 1.5% (18% per year) will be assessed on all balances over 30 days. oty AMOUNT' FUEUTAX 1.00 1.00 2.19 1.00 2.69 1.00 3.14 1.00 2.31 1.00 50.00 140.00 44.00 140.00 44.00 140.00 44.00 140.00 44.00 140.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Current Charges: HARRISBURG HAULING, LLC REMIT TO: NORTH EAST WASTE SERVICES, INC P.O. BOX 843061 BOSTON, MA 02284-3061 RECEIVED JUl n 7 ?~q5 TOTAL 0.00 50.00 140.00 96.36 140.00 118.36 140.00 138.16 140.00 101.64 140.00 1,204.52 -:J::::; ~ '- \;"- ...J ~ ~ 0 ""'.:1 c..-' C~ L11 ~ -~', :1.'.... ~ f" , Yi (.} r..,-., '" 0~ W '9 -..J ~ co ~ ~ :::2 ~.~~ --' ~ c .., ~ ~ & 0 "" ~ .. ;:::-- ~ o ., -I :I::......... r~" -' , , -(:.~ ,-"'j , ~ (') , ,in -I ~:;J .-< BOROUGH OF CARLISLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4373 CIVIL TERM GILBERT WALLACE HEMMINGER, JR.,: and MAXINE MAE HEMMINGER, Defendants : IN ASSUMPSIT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the within action settled and discontinued. BV~~(~~~ Edward L. Schorpp, Esquire 35 South Thrush Drive Carlisle, PAl 7013 (717) 486-8386 Solicitor, Borough of Carlisle Date: November 29,2005 () :--'1 CJ ~~..::) ,.,..- \~.:, -q \:";""1 -, -T^ r,i ~.".- \'.., \L.' or ~D en c:'