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HomeMy WebLinkAbout06-5967P-1 SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff, vs. BARRY L. LESHER and LINDA L. LESHER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No: 06 - 59 L 7 CIVIL TERM : CIVIL ACTION -EQUITY 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. 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. Cumberland County Bar Association LAW OFFICES 32 South Bedford Street SNELBAKER & BRENNEMAN, P.C Carlisle, PA 17013 P.C. (717) 249-3166 or (800) 990-9108 SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff, vs. BARRY L. LESHER and LINDA L. LESHER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No: 04 - .59(- 7 CIVIL TERM CIVIL ACTION - EQUITY 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 BARRY L. LESHER and LINDA L. LESHER, adult individuals, who reside at 88 Bonnybrook Road, Carlisle, (South Middleton Township), Cumberland County, Pennsylvania 17013. 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 LAW OFFICES II SNELBAKER & South Middleton known and numbered as 88 Bonnybrook Road, Carlisle, being the same BRENNEMAN, P.C. premises which Defendants acquired from Golda B. Sauter, widow, by deed dated September 8, 992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, vania, in Deed Book "W", Volume 35, Page 414, hereinafter called "Subject Premises". 5. Plaintiff has installed portions of its municipal sewerage and water systems in locations as to provide sewage collection service and potable water service for the Subject ses. 6. The Board of Township Supervisors in and for the Township of South Middleton 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. 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. Plaintiff is the duly authorized representative of the Township of South Middleton LAW OFFICES SNELBAKER & BRENNEMAN, P.C. for the purposes of administering and enforcing said Ordinance No. 4-14-72-A. 2 4 9. On or about June 13, 2005, Plaintiff gave notice to Defendants to connect the >ubject Premises to the municipal sewer and water systems adjacent to said Premises within 90 from receipt of said notice. 10. Defendants received said notice to connect on June 23, 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 sewerage and water systems in disregard of the notice and reminder. 13. The Subject Premises generates sanitary sewage which is not being discharged the municipal sewerage system but is being discharged into on-site facilities on the Subject 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 and water systems constitutes a threat to the health and welfare of the general public specifically to the residents of South Middleton Township. Therefore, it is necessary to Defendants to comply with said Ordinance No. 4-14-72-A by connecting the Subject 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 Plaintiff's municipal sewerage system; 3 C. Order, direct and enforce Defendants to connect the improvements on the Subject Premises to Plaintiff's municipal water system; d. Order and direct Defendants to pay all required 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 Ri and C. nelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 / Attorneys for Plaintiff Date: /Z, Zoo6 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND 1 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. Arthur E. Bear (Operations Manager) Sworn to and subscribed before me this /9,* day of e,4,Aor , 2006. Notary Public LAW OFFICES SNELBAKER & BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries 0 C7: P 1r R -.c c.u C7 777! SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF MUNICIPAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. BARRY L. LESHER and LINDA L. LESHER, Defendants No: or. 7 CIVIL TERM CIVIL ACTION -- EQUITY 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 I real estate known as 88 Bonnybrook Road in South Middleton Township, Cumberland County, Pennsylvania. SNELBAK & BRENNEMAN, P.C. By ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Dated: October 12, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. c? `? ` - -_- ? , .-a i} ?. -S_j__- y'?? .- i.-..- 7 ' } ^? " ? ICI) ?1 ? ?? ? 1 : J ?ti ?-- r SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF MUNICIPAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No.06-5967 CIVIL TERM VS. CIVIL ACTION -EQUITY LRRY L. LESHER and LINDA. LESHER, Defendants PRAECIPE TO ENTER JUDGMENT UPON DEFAULT : PROTHONOTARY OF CUMBERLAND COUNTY The undersigned hereby certifies that notice of intent to file this praecipe pursuant to Pa. C.P. 237.1 (a true copy of which is attached hereto) was served upon Barry L. Lesher and L. Lesher, Defendants herein, by sending the same by first-class mail on November 15, addressed as indicated on the attached copy of notice. Defendants have failed to file a pleading to Plaintiff s Complaint (which contained the ed notice to plead) within the time for such filing and within the time specified in the notice. Please enter judgment against Barry L. Lesher and Linda L. Lesher, Defendants, herein. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBA R & BRENNEMAN, P.C. By char C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff : December 6, 2006 -06 SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiffs vs. BARRY L. LESHER and LINDA. L. LESHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.06-5967 CIVIL TERM CIVIL ACTION - EQUITY Defendants TO: Barry L. Lesher and Linda L. Lesher (Defendants) 88 Bonnybrook Road Carlisle, PA 17013 Date of Notice: November 15, 2006 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 YOU 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 BOUT AGENCIES THAT MAY OFFER LEGAL SERIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 SNEL A NNEMAN, P.C. By ichard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 LAW OFFICES (717) 697-8528 SNELBAKER 8C BRENNEMAN. P.C. Attorneys for Plaintiff CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, ESQUIRE, hereby certify that I have on the below date, a true and correct copy of the foregoing Praecipe to Enter Judgment Upon Default to be upon the persons and in the matter indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Barry L. Lesher Linda L. Lesher 88 Bonnybrook Road Carlisle, PA 17013 Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff Dated: December 6, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. rn +, 3 XN, `.! SHERIFF'S RETURN - REGULAR r CASE NO: 2006-05967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH MIDDLETON TWP MUNIC ATHY VS LESHER BARRY L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon LESHER BARRY L the DEFENDANT at 1429:00 HOURS, on the 25th day of October , 2006 at 88 BONNYBROOK ROAD CARLISLE, PA 17013 by handing to LINDA L LESHER. WIFE 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: So Answers: Docketing 18.00 Service 4.40 ..P Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79 10/27/20 li' pq/cu SNELBAKE Sworn and Subscibed to By: before me this day of A. D. 0A'SE NO: 2006-05967 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH MIDDLETON TWP MUNIC ATHY VS LESHER BARRY L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon LESHER LINDA L the DEFENDANT at 1429:00 HOURS, on the 25th day of October 2006 at 88 BONNYBROOK ROAD CARLISLE, PA 17013 LINDA L LESHER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00` Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 10/27/2006 SNELBAKER BRENNE -? Sworn and Subscibed to By-: before me this day puty Sheriff' of A. D. SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF MUNICIPAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No.06-5967 CIVIL TERM VS. BARRY L. LESHER and LINDA. L. LESHER, Defendants CIVIL ACTION - EQUITY MOTION FOR DETERMINATION OF ENFORCEMENT REMEDIES PURSUANT TO PA. R.C.P. 1037 (d)) ? TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes South Middleton Township Municipal Authority, Plaintiff herein, by its attorneys, Snelbaker & Brenneman, P.C., and respectfully represents as follows: 1. South Middleton Township Municipal Authority ("Authority"), a duly organized and existing municipality authority, is the owner and operator of the municipal sanitary sewer ? and water systems in the Township of South Middleton, Cumberland County, Pennsylvania. 2. Barry L. Lesher and Linda L. Lesher, husband and wife, ("Defendants") are the I owners of the real estate known as 88 Bonnybrook Road in said Township of South Middleton ("Subject Premises"), which real estate is adjacent to the Authority's sewer and water systems as installed in Bonnybrook Road. 3. The Authority has given notice to Defendants to connect the improvements on the Subject Premises to Authority's sewer and water systems in accordance with applicable law and LAW OFFICES the ordinances of South Middleton Township SNELBAKER & BRENNEMAN, P.C. 4. Defendants failed and refused to connect their improvements to said systems. 5. In an effort to enforce said connections, Authority commenced this action by Complaint filed on October 12, 2006, a true copy of said Complaint being attached hereto as "Exhibit A". Said Complaint was duly served on Defendants by the Sheriff of Cumberland County on October 25, 2006. 6. Defendants failed to file any responsive pleading to said Complaint, whereupon uthority sent notices to plead to Defendants on November 15, 2006, pursuant to Pa. R.C.P. 1237.1. 7. Defendants failed to file any responsive pleading after the notice aforesaid, whereupon Authority took default judgment against Defendants upon praecipe duly filed on December 6, 2006. 8. Defendants continue to ignore their responsibilities to connect their improvements to said sewer and water systems in violation of the law and ordinances of the Township of South Middleton and continue to use on-site facilities constituting a threat to the health and welfare of the general public and specifically to the residents of South Middleton Township. 9. Authority requests your Honorable Court to compel the connection of Defendants' improvements to the sewer and water systems, and respectfully suggests the Iremedial precedents established by Honorable J. Wesley Oler, Jr., in similar proceedings Idocketed in this Court to No. 95-4323 Equity Term in case of Silver Spring Township Authority I v. Walter J. Leary and Gwen A. Leary. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 WHEREFORE, Authority respectfully requests the Court to establish a hearing for the purpose of determination of enforcement remedies pursuant to Pa. R.C.P. 1037 (d). SNELBAKER & BRENNEMAN, P.C. By: chard . Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for South Middleton Township Municipal Authority, Plaintiff : January 9, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF MUNICIPAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No: o r. - Sgr- 7 CIVIL TERM vs. BARRY L. LESHER and LINDA y., L. LESHER, CIVIL ACTION - EQUITY` ! 3 Defendants NOTICE --' _.! You have been sued in court. If you wish to defend against the claims set ?6hh ii the LAW OFFICES SNELBAKER & BRENNEMAN, P .C. 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No: or. - T9147 CIVIL TERM CIVIL ACTION -EQUITY COMPLAINT AND NOW comes the Plaintiff, South Middleton Township Municipal Authority, by its BARRY L. LESHER and LINDA L. LESHER, Defendants 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 BARRY L. LESHER and LINDA L. LESHER, adult individuals, who reside at 88 Bonnybrook Road, Carlisle, (South Middleton Township), Cumberland County, Pennsylvania 17013. 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 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. South Middleton known and numbered as 88 Bonnybrook Road, Carlisle, being the same premises which Defendants acquired from Golda B. Sauter, widow, by deed dated September 8, ,992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, lvania, in Deed Book "W", Volume 35, Page 414, hereinafter called "Subject Premises". 5. Plaintiff has installed portions of its municipal sewerage and water- systems in locations as to provide sewage collection service and potable water service for the Subject Premises. 6. The Board of Township Supervisors in and for the Township of South Middleton duly enacted Ordinance No. 4-14-72-A on April 14, 1972, which provides in relevant part as (follows: 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. 8. Plaintiff is the duly authorized representative of the Township of South Middleton LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. for the purposes of administering and enforcing said Ordinance No. 4-14-72-A. 2 9. On or about June 13, 2005, Plaintiff gave notice to Defendants to connect the ubject Premises to the municipal sewer and water systems adjacent to said Premises within 90 s from receipt of said notice. 10. Defendants received said notice to connect on June 23, 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 Premises, 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 sewerage and water systems constitutes a threat to the health and welfare of the general public land 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 JPremises 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 & 3RENNEMAN, P.C. generating facilities on the Subject Premises to the Plaintiff's municipal sewerage system; 3 C. Order, direct and enforce Defendants to connect the improvements on the Subject Premises to Plaintiff's municipal water system; d. Order and direct Defendants to pay all required 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 ?-^--- Ri and C. nelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Date: O?/'o/jar /.Z, ?vo6 LAW OFFICES SNELBAKER & 13RENNEMAN, P.C. 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ARTHUR E. BEAR, being duly sworn according to law, deposes and says: that he is the Arthur E. Bear (Operations Manager) 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. Sworn to and subscribed before me this IR & day of ©c4kr , 2006. At Notary Public LAW OFFICES SNELBAKER & BRENNEMAN, P.C. N WEALTH OF PENNSYLVANIA. l ary Public COMMi4mii Mechberland County My ov. 24, 2007 Member, Pennsylvania Association Of Notaries 5 CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion for Determination of Enforcement Remedies Pursuant to Pa. R. C. P. 1037 (d) to be served upon the persons and in the matter indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Barry L. Lesher Linda L. Lesher 88 Bonnybrook Road Carlisle, PA 17013 Rica . Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff JDated: January 9, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ..? l . -} _? ? 1 ? ` ,_ ? - "TF ?;.. r.. _... .,: ? ?? .? JAN 10 2007 P4 SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No.06-5967 CIVIL TERM VS. BARRY L. LESHER and LINDA. L. LESHER, Defendants : CIVIL ACTION -EQUITY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the within Motion for Determination of Enforcement Remedies Pursuant to Pa. R.C.P. 1037 (d), a hearing is hereby fixed for the day of 2007, at D o'clock _A_. M., prevailing time, in Court Room No. -5 of the Cumberland County Court House at Carlisle, Pennsylvania, for determination of enforcement I remedies against Defendants Barry L. Lesher and Linda L. Lesher, at which hearing the Defendants are directed to appear. Notice of this Order shall be given by the attorneys for Plaintiff by sending certified LAW OFFICES SNELBAKER & BRENNEMAN, P.C. copies of this Order with Motion attached to Defendants by both regular first-class mail and certified mail, return receipt requested, not less than days prior to said hearing date. By the Court, J. O\\ :56 1,V Z I ill 's!' L C 0 Z SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff VS. BARRY L. LESHER and LINDA. L. LESHER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.06-5967 CIVIL TERM : CIVIL ACTION -EQUITY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) RICHARD C. SNELBAKER, Esquire, being duly sworn according to law, deposes and says: 1. That he is the attorney for South Middleton Township Municipal Authority, the Plaintiff in the above captioned matter; 2. That pursuant to this Court's Order of January 12, 2007, he duly served certified copies upon Barry L. Lesher and Linda L. Lesher, Defendants herein by: a. Sending the same on January 17, 2007, by certified mail, return receipt requested, the receipt for mailing the same being attached hereto, together with a true copy of cover letter; and b. Sending the same on January 17, 2007, by regular first-class mail, postage paid with cover letter, a true copy of which is attached hereto; 3. That the certified mail notice was received by the Defendants on January 19, 2007, as evidenced by the certified mail delivery receipt card attached hereto; and 4. That the foregoing facts are true and correct to the best of his knowledge, information and belief. Richard C. Snelbaker LAW OFFICES SNELBAKER & BRENNEMAN, RC Sworn to d subscribed before me this _?ay of jo n vQ r`u( , 2007. 1 _L, z Ak& Notary Public COMMONWEALTH OF PENNSYLVAN A Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Boro, Cumberland Count' My Commission Expires Nov. 24, 2007 UMmber, Pennsylvania Association Of Notaries RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER FS BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 January 17, 2007 P. O. BOX 318 FACSIMILE (717) 697-7681 VIA CERTIFIED MAIL NO: 7004 1350 0004 1256 2701 RETURN RECEIPT REQUESTED Barry L. Lesher Linda L. Lesher 88 Bonnybrook Road Carlisle, PA 17013 Re: South Middleton Township Municipal Authority vs. Barry L. Lesher and Linda L. Lesher No. 06-5967 Dear Mr. and Mrs. Lesher: In keeping with Judge Ebert's Order of Court dated January 12, 2007, I hereby serve you with the following documents: a certified copy of Motion for Determination of Enforcement Remedies Pursuant to Pa. R.C.P. 1037 (d) and a certified copy of the above referenced Order of Court. Notice is given that the Order of Court requires you to attend the hearing scheduled for April 24, 2007, at 9:30 o'clock A.M., prevailing time, in Court Room No. 5 of the Cumberland County Courthouse at Carlisle, Pennsylvania. It is suggested that prior to the hearing you should consider connecting your dwelling house to the municipal sewer and water systems in order to avoid the need for further legal proceedings and the costs and expenses thereof. ery truly s, Richard C. Snelbaker RCS:jjc Enclosures cc: South Middleton Township Municipal Authority CERTIFIED MAIL RECEIPT (Domestic Mail Only, No Insurance Coverage Providec Ln e 9 rl Postage $ r o Certified Fee 2.40 199 98 M C3 RoWm ReoiW Fee 1.85 m C3 (EndoreemeM RequMed) ere X N L E M ulr' G r` ( r orsemerd Req e r-l Total Postage & Fees J . r 4 C3 " Barry L. Lesher r` --; rer------ ------------------------------- orPOBoxAid. no `M-----L---l- ----I P. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Barry L. Lesher Linda L. Lesher 88 Bonnybrook Road Carlisle, PA 17013 A. Sig X Z/k ? Agent ? Addressee B. Received W(Plbl6d e) C. Date of Deliverv D. Is delivery address different from item 1? UJ Yes If YES, enter delivery address below: ? No 3. Service Type l] Certified Mail 0 Express mail ? Registered 0 Return Receipt for merchandise O Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number OhyWer from service /a 7004 1350 0004 1256 2701 PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-1540 ; SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697.8528 P. O. BOX 318 FACSIMILE (717) 697-7681 January 17, 2007 Barry L. Lesher Linda L. Lesher 88 Bonnybrook Road Carlisle, PA 17013 Re: South Middleton Township Municipal Authority vs. Barry L. Lesher and Linda L. Lesher No. 06-5967 Dear Mr. and Mrs. Lesher: In keeping with Judge Ebert's Order of Court dated January 12, 2007, I hereby serve you with the following documents: a certified copy of Motion for Determination of Enforcement Remedies Pursuant to Pa. R.C.P. 1037 (d) and a certified copy of the above referenced Order of Court. Notice is given that the Order of Court requires you to attend the hearing scheduled for April 24, 2007, at 9:30 o'clock A.M., prevailing time, in Court Room No. 5 of the Cumberland County Courthouse at Carlisle, Pennsylvania. It is suggested that prior to the hearing you should consider connecting your dwelling house to the municipal sewer and water systems in order to avoid the need for further legal proceedings and the costs and expenses thereof. e n:I4A- Richard C. Snelbaker RCS-jjc Enclosures cc: South Middleton Township Municipal Authority C? ?, --r ?. C..? rt"S S"i a'' .. ?ti j 1,.3 ?.^. _ - . ?. _ f? . t_ g ,_. ' ? h ` ' ' -- ' ? ?' t ? w 30UTH MIDDLETON TOWNSHIP v4UNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No: 06-5967 CIVIL TERM VS. ?RRY L. LESHER and LINDA LESHER, Defendants CIVIL ACTION - EQUITY ORDER OF COURT t? AND NOW, this Iq_ day of April, 2007, upon consideration of the pleadings filed in action and after hearing held on April 24, 2007, attended by Defendant Gn 1 o, , it is ordered and decreed as follows: 1. Defendants are enjoined to, within W days of the date of entry of this Order, their residence at 88 Bonnybrook Road in South Middleton Township, Cumberland , Pennsylvania, to the Plaintiff's municipal water and sanitary sewer systems and to cease refrain from discharging sewage into the on-site sewage disposal facilities at said location to obtain the required permits therefor and pay the tapping and connection fees to Plaintiff, in compliance with Plaintiff's rules, regulations and specifications governing said 2. If Defendants should fail, neglect or refuse to make the connections required as above, Plaintiff is authorized and empowered to make said connections at Defendants' in accordance with Article V, Section 5.01 of South Middleton Township Ordinance No. LAW OFFICES SNELBAKER 8c 4-14-72-A. Plaintiff shall give oral notice to Defendants within twenty-four (24) hours before BRENNEMAN, P.C. ?1 ing the Defendants' property for the purposes of (a) inspecting the proposed work and (b) the connections. 3. In addition to the payments required pursuant to the aforesaid Ordinance, shall pay Plaintiff's tapping and connection fees and the costs of this action. If shall fail, neglect or refuse to pay said fees and costs, the same may be added to and part of the municipal lien authorized by §5.01 of said Ordinance. By the Court, 1\*'-? LAW OFFICES SNELBAKER & BRENNEMAN, P.C. J. 2 Q .J CJJ ?ttA w SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff VS. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5967 CIVIL TERM CIVIL ACTION - EQUITY PRAECIPE TO SATISFY AND DISCONTINUE ACTION BARRY L. LESHER and LINDA L LESHER, TO: Prothonotary of Cumberland County All obligations of the Defendants having been paid and performed, please mark the docket in this action as settled and discontinued. SNELBAKER & BRENNEMAN, P.C. By LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 (Solicitor/Attorney for Plaintiff) r z, Q Dated: March , 2010 Jz-