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Home My WebLink About06-5966 0. Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No: tk-j1('~ CIVIL TERM OUTH MIDDLETON TOWNSHIP UNICIP AL AUTHORITY, vs. JOHN R. THOMPSON and BEVERL Y A. THOMPSON, : CIVIL ACTION - EQUITY Defendants 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 .. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. SOUTH MIDDLETON TOWNSHIP MUNICIP AL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No: D (.., _59 t, ~ CIVIL TERM Plaintiff, vs. JOHN R. THOMPSON and BEVERL Y A. THOMPSON, CIVIL ACTION -- EQUITY Defendants COMPLAINT AND NOW comes the Plaintiff, South Middleton Township Municipal Authority, by its attorneys SNELBAKER & BRENNEMAN, P.C., and avers the following cause of action: 1. Plaintiff herein is SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, a body politic, having been created under the Pennsylvania Municipality Authorities Act of 1945, as amended, having its principal office at 345 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendants herein are JOHN R. THOMPSON and BEVERLY A. THOMPSON, adult individuals, who reside at 142 Emerson Drive, Carlisle, (South Middleton Township), Cumberland County, Pennsylvania 17015. 3. Plaintiff is the owner and operator of a municipal sanitary sewerage system and a municipal water distribution system in the Township of South Middleton, Cumberland County, Pennsylvania, which exist for the protection of the health and welfare of the residents of said Township. 4. Defendants are the owners of a parcel of real estate situated in said Township of South Middleton known and numbered as 142 Emerson Drive, being the same premises which Defendants acquired from Clair W. and Joann A. Starner, widow, by deed dated July 1,1976, and .. ecorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in eed Book "R", Volume 26, Page 101, hereinafter called "Subject Premises". See also deed nter se dated April 1, 1977, and recorded in Deed Book "C", Volume 27, Page 9. 5. Plaintiff has installed portions of its municipal sewerage and water systems in uch locations as to provide sewage collection service and potable water service for the Subject remises. 6. The Board of Township Supervisors in and for the Township of South Middleton uly enacted Ordinance No. 4-14-72-A on April 14, 1972, which provides in relevant part as a. That an owner of Improved Property whose principal building is within 150 feet from the municipal Sewer System shall connect said Property with and use the Sewer System within 60 days after notice to make connection for the purpose of discharge of all sanitary sewage and industrial waste from the Improved Property; and b. That the owner of Improved Property abutting the principal Water System shall connect such Improved Property with and use the water in the Improvements within 90 days after notice to such owner to make connection. c. If any such owner shall fail to connect to such Improved Property as required, the Township may enter upon the Improved Property and construct such connections and may collect from the owner the costs and expenses thereof. 7. The Subject Premises is Improved Property and Defendants are the owners thereof within the meaning of said Ordinance No. 4-14-72-A. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 8. Plaintiff is the duly authorized representative of the Township of South Middleton for the purposes of administering and enforcing said Ordinance No. 4-14-72-A. 2 , 9. On or about June 17,2005, Plaintiff gave notice to Defendants to connect the ubject Premises to the municipal sewer and water systems adjacent to said Premises within 90 ays from receipt of said notice. 10. Defendants received said notice to connect on June 20, 2005. 11. Subsequent to said notice aforesaid, Plaintiff has reminded Defendants of the bligation to connect with and use the municipal sewerage and water systems. 12. Defendants have failed and refused to connect the Subject Premises to the unicipal sewerage and water systems in disregard of the notice and reminder. 13. The Subject Premises generates sanitary sewage which is not being discharged nto the municipal sewerage system but is being discharged into on-site facilities on the Subject remises, now in violation of said Ordinance No. 4-14-72-A. 14. Defendant's continued use of the on-site facilities and failure to use the municipal I I sewerage and water systems constitutes a threat to the health and welfare of the general public and specifically to the residents of South Middleton Township. Therefore, it is necessary to force Defendants to comply with said Ordinance No. 4-14-72-A by connecting the Subject Premises with the municipal sewerage and water systems. 15. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff respectfully prays your Honorable Court: a. Enjoin, prohibit and prevent Defendants from discharging sanitary sewage into on-site disposal facilities; b. Order, direct and enforce Defendants to connect their sanitary sewage LAW OFFICES SNELBAKER & BRENNEMAN, P.C. generating facilities on the Subject Premises to the Plaintiffs municipal sewerage system; 3 . ~ to , LAW OFFICES SNELBAKER & BRENNEMAN. P.C. u 1 I c. Order, direct and enforce Defendants to connect the improvements on the Subject Premises to Plaintiffs municipal water system; d. Order and direct Defendants to pay all required unpaid tapping and connection fees; e. Authorize and empower Plaintiff through its agents, employees and/or contractors to enter upon the Subject Premises and to construct the necessary connection or connections of sanitary sewage generating facilities and the improvements on and in the Subject Premises to the municipal sewerage and water systems in accordance with the requirements of said Ordinance No. 4-14-72- A; f. Order and direct Defendants to pay and reimburse Plaintiff for all costs and expenses incurred in effecting the connection as required under paragraph e. above. g. Order and direct Defendants to pay the costs of this proceeding; and h. Order such other and further relief as may be lawful and necessary to effect the purposes of this action. SNELBAKER & BRENNEMAN, P.C. By ~ 'chard . nelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Date: Or/. I', 2co C:, 4 \ , LAW OFFICES SNELBAKER & BRENNEMAN. P.C. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ARTHUR E. BEAR, being duly sworn according to law, deposes and says: that he is the Operations Manager of the South Middleton Township Municipal Authority (the Plaintiff in the within Complaint) and, as such, is the chief operating officer of said Authority; that he is authorized by the Township of South Middleton to initiate this action; that he is authorized by said Authority to make this affidavit on its behalf; and that the facts set forth in the within Complaint within his personal knowledge are true and correct, and as to facts supplied on information from others, he believes said facts to be true and correct. t!itk/"~ Arthur E. Bear (Operations Manager) Sworn to and subscribed before me this 1.2~day of O~"r , 2006. k-- /.1fiJv Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Bora, Cumberland County My Commission Expires Nov. 24, 2007 Member. Pennsylvania Association Of Notaries 5 ~~~ ,""" ~ ~ ~~ ~ ~ -c... '-" u) . \ ~ c) (,~ ..,\ o CJ co-) () -n ::;:1 --~ f'...) ,'-J en :1) ~< *'~~ LAW OFFICES SNELBAKER & BRENNEMAN. P.C. SOUTH MIDDLETON TOWNSHIP MUNICIP AL AUTHORITY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No: 61, ~ !i(~& CIVIL TERM vs. JOHN R. THOMPSON and I BEVERLY A. THOMPSON, : CIVIL ACTION - EQUITY I I Derendants PRAECIPE TO DOCKET ACTION AS LIS PENDENS TO: Prothonotary of Cumberland County Please cause this action to be docketed as a lis pendens against the Defendants and their real estate known as 142 Emerson Drive in South Middleton Township, Cumberland County, Pennsylvania. By ~ Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Dated: October 12, 2006 G>~~ ~ \- ~ ~cl' ......... c;ooq U'\ \. ~ :t ~~ (J c.::.> -" C;.-"" r-,,) -;:: - ,'0 cPo . -., SHERIFF'S RETURN - REGULAR C~SE NO: 2006-05966 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH MIDDLETON TOWNSHIP MUNIC VS THOMPSON JOHN R ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon THOMPSON JOHN R the DEFENDANT , at 1945:00 HOURS, on the 25th day of October , 2006 at 142 EMERSON DRIVE CARLISLE, PA 17013 by handing to JOHN THOMPSON a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: r~,e/<~ R. Thomas Kline 18.00 4.40 .39 10.00 .00 32.791 (~ l'IO(:,{b(, Sworn and Subscibed to 10/27/2006 SNELBAKER & By: BRE~E~ t ~tJSh riff before me this day of A.D. SHERIFF'S RETURN - REGULAR ~SE NO: 2006-05966 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH MIDDLETON TOWNSHIP MUNIC VS THOMPSON JOHN R ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon THOMPSON BEVERLY A the DEFENDANT , at 1945:00 HOURS, on the 25th day of October , 2006 at 142 EMERSON DRIVE CARLISLE, PA 17013 by handing to JOHN THOMPSON, ADULT IN CHARGE a true and attested copy of COMPLAINT - EQUITY 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./ ~ I1JM/Oh So Answers: ~~-<~ R. Thomas Kline 10/27/2006 SNELBAKER & Sworn and Subscibed to By: before me this day of A.D. IN SOUTH MIDDLETON : IN THE COURT OF COMMON PLEAS OF TOWNSHIP MUNICIPAL : CUMBERLAND COUNTY, PENNSYLVANIA AUTHORITY, Claimant : NO. 2006 - 5966 MLD v. • JOHN R. THOMPSON and : MUNICIPAL LIEN DOCKET BEVERLY A. THOMPSON, : r-:, r: k Owners • eng PRAECIPE TO WITHDRAW APPEARANCE ' To the Prothonotary: r Please withdraw the appearance of Richard C. Snelbaker, Esquire as attorney for Plaintiff South Middleton Township Municipal Authority in the above action. Date: r0J.6.r (, Richard C. Snelbaker, Esquire PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Keith O. Brenneman, Esquire as attorney for Plaintiff South Middleton Township Municipal Authority in the above action. Date: Oib1911 1. 2-oh Keith O. Brenneman, Esquire LAW OFFICES SNELBAKER& BRENNEMAN, P.C. SOUTH MIDDLETON : IN THE COURT OF COMMON PLEAS OF TOWNSHIP MUNICIPAL : CUMBERLAND COUNTY, PENNSYLVANIA AUTHORITY, Claimant : NO. 2006 - 5966 MLD v. • JOHN R. THOMPSON and : MUNICIPAL LIEN DOCKET BEVERLY A. THOMPSON, Owners PRAECIPE To the Prothonotary: Please mark the above-captioned action settled, discontinued and ended on your docket and indices. Date: CJthhyt j 20/3 Keith O. Brenneman, Esquire Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff South Middleton Township Municipal Authority x nrl_Ty. LAW OFFICES SNELBAKER& BRENNEMAN, P.C. hj