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SILVER SPRING TOWNSHIP
AUTHORITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 95- '/j...~'
EQUITY TERM
STANLEY N. DYE and
SUSAN E. DYE,
Defendants
CIVIL ACTION - EQUITY
COMPLAINT
AND NOW comes the Plaintiff, SILVER SPRING TOWNSHIP
AUTHORITY, by its Attorneys, SNELBAKER & BRENNEMAN, P.C., and
avers the following cause of action:
1. The Plaintiff herein is SILVER SPRING TOWNSHIP
AUTHORITY, a body politic, having been created under the
Pennsylvania Municipality Authorities Act of 1945, as amended,
having its principal office at 6475 Carlisle Pike, Mechanicsburg
(Silver Spring Township), Cumberland County, Pennsylvania.
2. The Defendants herein are STANLEY N. DYE and SUSAN E.
DYE, adult individuals, who reside at 35 West North street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff is the owner and operator of a municipal
sanitary sewerage system in the TownShip of Si.lver Spring,
Cumberland County, Pennsylvania which exists 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
LAW O'''CllI
SNILBAKIR
.
B'UNNEMAN
situated in said Township of Silver Spring known and numbered as
1 East Main street, New Kingstown (being a multi-family structure
located at the intersection of East Main Street (Carlisle Pike)
LAW O'''C:l~
SNrLBAICEI'4
.
BIUNNIMAN
and Locust Point Road), being the same premises which Defendants
acquired from pine Brook Corporation by Deed dated March 4, 1986,
and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, pennsylvania, in Deed Book "T", Volume 31,
Page 1005, hereinafter called "Subject Premises".
5. Plaintiff has installed a portion of its municipal
sewerage system in such location as to provide sewage collection
service for the subject Premises.
6. The Board of Township supervisors in and for the
Township of Silver spring duly enacted Ordinance No. 85-7 on July
24, 1985, which provides in relevant part as follows:
a. That an owner of Improved Property whose
principal building is within 150 feet from a 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. If any such owner shall fail to connect such
Improved Property as required, the Township may enter
upon the Improved Property and construct such
connection 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.
85-7.
-2-
LAW O"ICIU
SNlL8AKlIR
.
II'UNNEMAN
8. Plaintiff is the duly authorized representative of the
Township of Silver spring for the purposes of administering and
enforcing said Ordinance No. 85-7.
9. On or about November 30, 1994, Plaintiff gave notice to
Defendants to connect the Subject Premises to the municipal. sewer
system adjacent to said Premises within 90 days from receipt of
said notice.
10. Defendants received said notice to connect on December
8, 1994.
11. Subsequent to said notice aforesaid, Plaintiff has
reminded Defendants of the obligation to connect with and use the
municipal sewer system.
12. Defendants have failed and refused to connect the
subject Premises to the municipal sewerage system in disregard of
the notice and reminder.
13. The Subject Premises generates sanitary sewage which is
not being discharged into the municipal sewerage system but is
being discharged into on-site facilities on the Subject Premises,
now in violation of said Ordinance No. 85-7.
14. Defendants' continued use of the on-site facilities and
failure to use the municipal sewerage system constitutes a threat
to the health and welfare of the general public and specifically
t.o the residents of silver spring Township. Therefore, it is
necessary to force Defendants to comply with said Ordinance No.
85-7 by connecting the Subject Premises with the municipal
sewerage system.
-3-
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SHERIFF'S RETURN - REGULAR
CASE NO I 1995-04325 P f~~"1
CO""ONWEALTH OF PENNSYLVANIA:
COUNTY OF CU"BERLAND
SILVER SPRING TWP AUTHORITY
VS.
DYE STANELY N ET AL
KENNETH E. GOSSERT
vU"BERLAND County, Pennsylvania,
to law. says. that he served the
, Sheriff or Deputy Sheriff of
who being duly sworn according
within CO"PLAINT - EQUITY
upon DYE SUSAN E
defendant, at -1]25:00 HOURS. on the 16th day of Auaust
1995 at 35 WEST NLlRTII STREET
CARLISLE. PA 17013 .CU"BERLAN~
County, Pennsylvania, by handing to STANLEY DYE. ADULT IN CHARGE
a true and attested copy of the CO"PLAINT - EQUITY
a~d at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
S~ answe~.: ~~
,".".' .
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1" ,g,...."...,.....(. ,--
R. Thomas Kline, neri!!
6.00
.00
.00
2.00
.e.0111
oJ"; ~'.:..:.
..ijD-r"ij-
RICHARD SNELBAKER
0811 7 11 995
by
Sworn and subscribed to before me
this ~ ~_ day of Ci.J~
19 ',< A.D.
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