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Home My WebLink About02-1253UPPER ALLEN TOWNSHIP, Plaintiff JEFFREY C. TAYLOR and VALERJE C. TAYLOR, individually and t/d/b/a MERMAD CARWASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM COMPULSORY ARBITRATION 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 NOTICIA USTED HA SIDO DEMANDADA/A EN COKTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 UPPER ALLEN TOWNSHIP, Plaintiff V. JEFFREY C. TAYLOR and VALER1F. C. TAYLOR, individually, and t/d/b/a MERMAID CARWASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM COMPULSORY ARBITRATION COMPLAINT NOW COMES Upper Allen Township, Cumberland County, Pennsylvania, through its attorneys, Miller & Associates, PC, and files this Complaint for charges assessed with respect to sewer rates against the above named Defendant and against the hereinafter described real estate as follows: 1. Plaintiff UPPER ALLEN TOWNSHI]' is a first-class township municipality organized and existing in accordance with the laws of the Commonwealth of Pennsylvania and having its principal offices at 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055. 2. Defendants JEFFREY C. TAYLOR and VALERIE C. TAYLOR, are adult individuals residing at 334 East Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055, t/d/b/a MERMAID CAR WASH at 90 Cumberland Parkway, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055 (hereinafter collectively referred to as "Defendants"). 3. Defendants are the owners of the property, or party responsible or liable for the property, located at 90 Cumberland Parkway, Mechanicsburg, Upper Allen Township, Cumber- land County, Pennsylvania, Tax Parcel Number 42-10-0646-052 ("Property No. 1"). 4. Property No. 1 has erected thereon a car wash facility at which Defendants conduct the Mermaid Car Wash business. 5. Defendants are the owners of the property, or party responsible or liable for the property, located at 334 East Meadow Drive, Mechanicsburg, Upper Allen Township, Cumber- land County, Pennsylvania, Tax Parcel Number 42-28-2417-022 ("Property No. 2"). 6. Under proper authority of law or duly enacted municipal ordinance, Upper Allen Township, provides sanitary sewer service to both Property No. 1 and Property NO. 2 described above and is entitled to the fees for such service as set forth in the applicable ordinance 7. Despite repeated demands for payment and efforts to collect payment, the Defendants have failed and refused to pay for the sanitaxy sewer services rendered. 8. The total amount of the delinquent sanitary sewer charges currently owed by the Defendants to the Plaintiff is Seven Thousand Seven Hundred Eighty-One and 22/100 Dollars ($7,781.22), plus costs, representing Seven Thousand Four Hundred Fifty-Five and 00/100 Dollars ($7,455.00), plus costs, owed for Property No. 1, and Three Hundred Twenty-Six and 22/100 Dollars ($326.22), plus costs, owed for Property No. 2. 9. The time period for which these charges are owed is from 1 October 1998 to 30 September 2001 inclusive. 10. Under proper authority of law or duly enacted municipal ordinance, Plaintiff, provides sanitary sewer service to the Property described above and is entitled to the payment of tapping fees for the connection to such service as set forth in the applicable ordinance. 11. Pursuant to proper authority of law and duly enacted municipal ordinance, Plaintiff charged Defendants additional sewer tapping fees based upon Defendants' actual hydraulic and/or organic loads original estimates of usage. 12. Despite repeated demands for payment and efforts to collect payment, the Defendant has failed and refused to pay for the sanitary sewer tapping fees as charged. 13. The total amount of the delinquent sanitary sewer tapping fees currently owed by the Defendant to the Plaintiff is Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00), plus costs. 14. There remains due and owing to Plaintiff from Defendants the amount of Eighteen Thousand Two Hundred Eighty-One and 22/100 Dollars ($18,281.22) representing delinquent sanitary sewer charges currently in the amount of Seven Thousand Seven Hundred Eighty-One and 22/100 Dollars ($7,781.22), plus costs, and delinquent sanitary sewer tapping fees in the amount of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00). WHEREFORE, Plaintiff, UPPER ALLEN TOWNSHIP, requests judgment be entered in its favor and against the Defendants, JEFFREY C. TAYLOR and VALERIE C. TAYLOR t/d/b/a MERMAID CAR WASH, in the amount of Eighteen Thousand Two Hundred Eighty- One and 22/100 Dollars ($18,281.22), plus interest, costs and reasonable attorney's fees. Dated: MILLER & ASSOCIATES, PC By · Miller, Jr. Anthony E. Marrone 1822 Market Street Camp Hill, PA 17011 Attorney ID #'s 07720, 48182 (717) 737-9210 Attorneys for Upper Allen Township VERIFICATION The undersigned, MARK E. LEWIS, hereby verifies and states that: 1. He is President of the Board of Commissioners of UPPER ALLEN TOWNSlllP, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The Facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, or information and belief, and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. A Dated: /~ ~~"~// I~ARK E.'-LEWlS,~P/esident LAW OFFICES SNEL~AKE~, BRENNEMAN & SPARE UPPER ALLEN TOWNSHIP, VS. Plaintiff, JEFFREY C. TAYLOR and VALERIE C. TAYLOR, individually and t/d/b/a MERMAID CARWASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-1253 CIVIL TERM COMPULSORY ARBITRATION PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW, come Defendants, Jeffrey C. Taylor and Valerie C. Taylor, by their Attorneys, Snelbaker, Brenneman & Spare, P.C., and preliminarily object to the Plaintiff's Complaint for the following reasons: A. FAILURE TO COMPLY WITH RULE OF COURT 1. Plaintiff's complaint seeks damages against Defendants on multiple causes of action (i.e. sewer tapping fees at Mermaid Car Wash, sewer service charges for Mermaid Car Wash, sewer service charges for residence). 2. Pa. R.C.P. 1020(a) requires Plaintiffto set forth each cause of action in a separate count. 3. The Complaint fails to set forth the various causes of action in separate counts. WHEREFORE, Defendants request your Honorable Court to strike off and dismiss Plaintiff's Complaint for failure to comply with rule of court pursuant to Pa. R.C.P. 1028(a)(2). B. LEGAL INSUFFICIENCY OF COMPLAINT Plaintiff's Complaint fails to state facts sufficient to grant the relief sought. Said Complaint pleads conclusions without substantive supporting facts. WHEREFORE, Defendants request your Honorable Court to dismiss the Complaint and enter judgment in favor of Defendants and against Plaintiffs pursuant to Pa. R.C.P. 1028(a)(4). C..__~SUF~FICIENT SPECIFICITY OF COMPLAINT 6. This objection is submitted as an alternative to the demurrer in section B above. 7. Plaintiff's Complaint fails to set forth the authority, rates, charges, usages and other details upon which it seeks damages in sufficient specificity to acquaint Defendants with the factual basis of Plaintiffs claim. WHEREFORE, Defendants request your Honorable Court to strike off Plaintiff's Complaint for insufficient specificity pursuant to Pa. R.C.P. 1028(a)(3). SNELB//~~MAN & SPARE, P.C. Supreme Court I.D. No: 06355 44 West Main Street P.O. Box 318 Mechanicsburg, pA 17055-0318 (717) 697-8528 Attorneys for Defendants LAW OFFICES SNELBAKER, BRENNEMAN & SPARE -2- .CERTIFICATE OF SERVIC_E I hereby certify that I am this date serving a true and correct copy of the foregoing Preliminary Objections to Complaint upon the attorneys for the Plaintiff by sending the same by first-class United States mail, postage paid, addressed as follows: April William E. Miller, Jr., Esquire Anthony E. Marrone, Esquire 1822 Market Street Camp Hill, PA_~ Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717 (697~8528 Attorneys for Defendants ,2002 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE SHERIFF'S RETURN - REGULAR CASE NO: 2002-01253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS TAYLOR JEFFREY C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR JEFFREY C the DEFENDANT at 334 EAST MEADOW DRIVE , at 1807:00 HOURS, on the 18th day of March , 2002 MECHANICSBURG, PA 17055 by handing to JEFFREY C TAYLOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~%~ ~ day of /-/Pro~hon0tary, , , So Answers: R. Thomas Kline 03/19/2002 MILLER & ASSOC. Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UPPER ALLEN TOWNSHIP VS TAYLOR JEFFREY C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR VALERIE C IND & T/D/B/A MERMAID CARWASH the DEFENDANT at 334 EAST MEADOW DRIVE , at 1807:00 HOURS, on the 18th day of March , 2002 MECHANICSBURG, PA 17055 by handing to JEFFREY C TAYLOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/19/2002 MILLER & ASSOC. Deputy Oheriff Prothonotary