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Home My WebLink About95-04326 ~' it ~, ..~. '~"". I , .. , , ~: ' ' :~' I,~~. ",.. I , , '~:'" '. ". .. . '. ',I. " J," ,',t I, .~ J "~ .fI') ,. , ~ 'I, I, " I, I "I, I, I': I', '1 I' I,! I I , " I, ., I' I , I 'r,'l' " I" I., " "1 P' I'. ,'IL' ,.1' ., I ,I; ,n' I. I I ! j J i',' " " I ; 'I 'I, SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I 1 1 1 1 1 : 1 CIVIL ACTION - EQUITY AND NOW, this ORDER OF COURT I ~it. day of February, 1996, upon consideration BEVERLY A. RUSH, also known as BEVERLY A. RUSH MURTOFF, Defendant ' . . NO. 95-4326 EQUITY TERM of the attached letter from Richard C. Snelbaker, Esq., attorney for Plaintiff, the hearing previously scheduled on the Petition for Preliminary Injunction for February 26, 1996, is hereby CANCELLED and trial is set in this matter for Wednesday, March 20, 1996, at' 3130 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Beverly A. Rush Murtoff 57 West Main Street New Kingstown, PA 17072 Defendant, Pro Se Ire F:UTG'r:CF. (',..' " I"" ".., C'( . 'I,' ,,'iI, 1\ t'l( Flrf1 I:' . J ..' J [I: 1= 'II (., '" . "111'1' ..VI','Il.), 1'1. "-, ,I J .. ,'~.'.. " ~ ""f"f':'ll"'I'" ... ,,'., ." It "~\ I, . ;.~bY SILVER SPRING TOWNSHIP AUTHORITY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : plaintiff, vs. CIVIL ACTION - EQUITY BEVERLY A. RUSH, also known as BEVERLY A. RUSH MURTOFF, Defendant NO. 95-4326 EQUITY TERM ORDER OF COURT AND NOW, this .3 It' day of 7tU1~n\..~\.. , 19915, upon consideration of the within petition tor preliminary Injunction and on motion of the Attorneys for Petitioner-Plaintiff, it is ordered and decreed that a hearing be held on .aid Petition on the vl~ /1. day of J",tI.LLutl.';] , 19~, at '1:CO o'clock, II . M., prevailing time, in Court Room No. ~ of the cumberland County court House at carlisle, pennsylvania, to consider the is~uance of appropriate preliminary injunctive relief. A certified copy of this Order and the within Petition .hall b~ served by certified mail (return receipt requested) upon the Defendant. By the Court, 14..2t;,:,d.~~j. if Ji I, Jt . ....w o,,"CII 'NII...oAKC.. . '..INNIMAN Ii !RUE COPY FROM . 1 r~'m",~~.,I,"',,, . I qECORO .,,, n._ .-,' ~_hl . ,,'~"l r'...... ",. t \.i"i;J :.\d., \.r .:' ',~ " '.. ", . .. ,~,\ r-,. ~.~;"l,,, .l... ':l .." '1 '/' ~f .... . . .-., III ',J...t(_ L1itt..,U;....'J.L,;,' ,,j,j""!l:;'::. ~~. ,'/.' . . p,ot~ry J. SILVER SPRING TOWNSHIP AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 95-'1J)", EQUITY TERM BEVERLY A. RUSH, also known as BEVERLY A. RUSH MURTOFF, Defendant CIVIL ACTION - EQUITY NOT ICE 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 a 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 OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse square Carlisle, PA 17013-3387 (717) 240-6200 NEMAN, P.C. By ft LAW o'''cr.o SNII..&IAKI:A . eAINNEMAN LAW O"IIICUI SNILBAKIR . elltlNNIEMAN Defenda"t acqui.red from Samaritan Fellowship, Inc. by Deed dated October :!8, 1977, and recorded in the Off ice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 27, Page 204, 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 Defendant is the Owner thereof within the meaning of said Ordinanc~ No. 85- 7. -2- 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 February 2, 1993, Plaintiff gave notice to Defendant to connect the Subject Premises to the municipal sewer system adjacent to said Premises within 90 days from receipt of said notice. 10. Defendant received said notice to connect on March 5, 1993. 11. Subsequent to said notice aforesaid, Plaintiff has reminded Defendant of the obligation to connect with and use the municipal sewer system. 12. Defendant has 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. Defendant's continued use of the on-site facilities and failure to use the municipal s~w~rage system constitutes a threat LAW OI"II'ICEI5 SNI[L.BAI<IiR . BAENNEMAN to the health and welfare of the general public and specifically to the residents of Silver Spring Township. Therefore, it is necessary to force Defendant to comply with said Ordinance No. 85-7 by connecting the Subject Premises with the municipal sewerage system. -3- g. such other and further relief as may be lawful and necessary to effect the purposes of this action. ~ : P.C. By R c C. Snelbaker 44 West Main street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff i I :1 LAW QP/fIl:1tI SNILI8AKIPI . eRENNEMAN -5- I ~tL,I,d::, ' I.k-U~~iJ ) John E. Freilino (Manager) COMMONWEALTH OF PENNSYLVANIA ) : 55. COUNTY OF ClJMBERLAND) JOHN E. FREILINO, being duly sworn according to law, deposes and says: that he is the Manager of the SPRING TOWNSHIP AUTHORITY (the Plaintiff in the within Complaint) and, as sllch, is the chief operating officer of said Authority; that he is authorized by said Authority to make this affidavit on its behalf; that said Authority is the Plaintiff in this action; 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 thitl 'IlL day of a~~i, 1995. 'k4'12,UJ,! Ct. ~AO~Ll/,!_ NOTARIAL SEAL SHIRLEY A. BEARDSI.EY. Notary PllIlIla 5,1", Sprint T .po, Cumberl.n. County My Comm,';';'''' ",.r.. Oct. 21. 1996 U'N O,""lCU SNElOAICIl" . IJ'UNNIMAN ~ .. !i C\t en ).... lJ'i. 4~ .... I' ., I., '.' I..' -:"1" - " "'j , ., ." "'~J,. " I ("'( ... ., 1,1 ' . f.l ,.) (j, " ...) ~ ~~ " ,... .. " ,. . ~ .~ r"~'=="'- I I I l' '" eJ ~ ,. 0.. ,H:: Z t-l o ,,::J ~1::S I Sf:] o ""'u Q ,.~ I ~~ IS", 1:: e: I H ~!3~:O I ,. u '" I ~ ~ 0 Z HOZr-I . 1:: H '" c E :;j 0..'" H'" ;J::.... '" " '" ~ ;Jll.... o I1l ::-<..-+ p., " Z H '" 0.. '" [:i :> ,..! H '" . ' --.------" .-...------.- ;...---~ . <Jl I1l . U . 1:\.. ~ " ~ . -"'f::" " 0 ~ <Jl ,. I1l .... "'''' 111 E3 !: ~ ~ . ',", ::r; p:: '1.l ~g5~ "'''' t; ~ :J ~ o u > , 0 ~ ~ ~ 3 ~ ~ v ~ 8 o:l 6 "I. oil' ~ (;1 pH . <Jl :> . . << i>" ~. ~~ a; 1:;' """" .n ,n o " <: Z "" 1- . ~ ~ Z ~ ~ ~ ~ ~ ~ .) ~ :;J a. ~ Q 7. ~ u ~ :> site sewage facilities and failure to use the municipal sewerage system constitutes a threat to the health and welfare of the general public and specifically the residents of Silver Spring Township. WHEREFORE, your Petitioner respectfully prays your Honorable court, after hearing, to preliminarily enjoin Defendant from continuing to use her on-site sewage disposal facilities and to compel her connection of her improvements containing sewage- generating facilities to the municipal sewerage system. Respectfully submitted, By neys for Pet toner LAW O""ICU SNIEl.OAI<&:R lit eNINNIMAN -2- I' I i , I I' ! COMMONWEALTH OF PENNSYLVANIA ) : 58. COUNTY OF CUMBERI,AND) .- JOHN E. FREILINO, being duly sworn according to law, deposes and says: that he is the Manager or the SILVER SPRING TOWNSHIP AUTHORITY (the Plaintiff in the within action) and, as such, is the chief operating of ricer of said Authority; that he is authorized by said Authority to make this affidavit on its behalf; that said Authority is the Plaintiff in this action; and that the facts set forth in the within Petition for Preliminary Injunction within his personal knowledge are true and correct, r. I and as to facts supplied on information from others, he believes said facts to be true and correct. 16k~d ,-'/t,;"tq~ (., John E. Fre 1 no /' (Manager) <, Sworn to and subscribed befor.e me this 3 () tJ.. day of October, 1995. &ak~__'.v C) ::jA~'~L~ b-.-..--,;;:;, -;~-'~-'--'-J Palrlt;la.J ThOrll'" '(I Nl)IOlfY PU~JIiI. , ....'. ".IlIIL..l\l)(lIV.I-lIHII LIJI;ll!I.:r'alllll"J~."..IJ' My' r:nIIHI1Ir;Slc~.I_~~~~~~~~:~~_ .~~._~. t-.,~'.:~I \'1 ' .,-; ,;1: :,1\.; ,1\1:, /::,:;,_, ,,'W;!lU! f'~ ,I" \,:j SILVER SPRING TOWNSHIP AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. NO. 95- '13.2~ EQUITY TERM BEVERLY A. RUSH, also known as BEVERLY A. RUSH MURTOFF, Defendant CIVIL ACTION - EQUITY COMPLAINT AND NOW comes the Plaintiff, SILVER SPRING TOWNSHIP AUTHORITY, by its Attorneys, SNELBAKER , BRENNEMAN, P.C., and avers the fallowing 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, a. amended, having its principal office at 6475 CArlisle Pike, Mechanic.burg (Silver Spring Township), cumberland County, Pennsylvania. 2. The Defendant herein is BEVERLY A. RUSH, al.o known as BEVERLY A. RUSH MURTOFF, an adult individual, who resid.s at 57 West Main street, New Kingstown, Cumberland county, Pennsylvania 17072 . LAW 0"11:1. INILaAKl1lI . IfIIlNNIlMAN 3. plaintiff is the owner and operator of a municipal sanitary sewerage system in the Township of Silver Spring, Cumberland County, Pennsylvania which exists for the protection of the health and welfare of the residents of said Township. 4. Defendant is the owner of a parcel of real estate situated in said Township of Silver Spring known and numbered as '57 West Main Street, New Kingstown, being the same premises which IoAW O,"C.I 8NIL.I.KI" . ...eNNEMAN Defendant acquired from samaritan Fellowship, Inc. by Deed dated october 28, 1977, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 27, Page 204, hereinafter called "S11bject 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 teet from a municipal Sewer system shall connect said Property with and use the Sewer system within 60 day. atter notice to make connection for the purpose of discharg. ot 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 Improv9d property and construct such connection and may collect from the owner the costs and expenses thereof. 7. The subject premises is Improved Property and Detendant is the Owner thereof within the meaning ot said Ordinance No. 85- 7. -2- 10. Defendant received said notice to connect on March 5, B. plaintiff is the duly authorized representative of the Township ot Silver spring for the purposes ot administering and enforcing said ordinance No. B5-7. 9. On or about February 2, 1993, plaintift gave notice to Detendant to connect the subject Premise~ to the municipal sewer system adjacent to said premisss within 90 days from receipt of said notice. 1993. 11. subsequent to said notice aforesaid, Plaintiff has reminded Defendant of the obligation to connect with and use the municipal sewer system. 12. Defendant has failed and refused to connect the Subject Premise. to the municipal sewerage system in disregard of the notice and reminder. 13. The subject Premises generates sanitary .ewage which is not being discharged into the municipal sewerage sy.tem but i. being di.charged into on-site facilities on the Subject premi.es, now in violation ot .aid Ordinance No. 85-7. 14. Defendant'. continued use of the on-site facilities and failure to use the municipal sewerage system constitutes a thre~t .....w O'''ICII IINIL..AKI.. . 811l11:NNIMAN to the health and welfare of the general public and specifically to the residents of Silver spring TownShip. Therefore, it is necessary to force Defendant to comply with said Ordinance No. 85-7 by connecting the Subject Premise. with the municipal sewerage system. -3- 15. plaintiff has no adequate remedy at law. WHEREFORE, plaintiff respectfully prays your Honorable Court: a. Enjoin, prohibit and prevent Defendant from discharging sanitary sewage into on-site disposal facilities; b. Order, direct and enforce Defendant to connect her sanitary sewage generating facilities on the Subject Premises to the Plaintiff's municipal sewage system; c. Order and direct Defendant to pay all required tapping and connection fees; d. 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 on and in the Subject Premise. to the municipal sewerage system in accordance with the requirements of said Ordinance No. 85-7; e. Order and direct Defendant to pay and reimburse plaintiff for all costs and expenses incurred in effecting the connection as required under paragraph d. above. IoAW 0"101' INCL..Akl.. . ."INN.MAN f. Order and dlrect Defendant to pay the costs ot this proceeding; and -4- g. Such oth.r and further reli.f a. may b. lawful .nd n.c.s..ry to .ff.ct the purpo... of this .ction. .P.C. By c C. Sn. ..r 44 W..t M.in Stre.t Mechanic.burg, PA 17055-0318 (717) 697-852B Attorn.y. for Pl.intiff loAW 0".1." IN.....KI~ . .~INNIMAN -5- .~. ~ ., , - . " ;'. oj I " 0 .' '. -, ," .. , ;.. <~ , , I . ~I :>. tl t,"1 , r "i ,I, .'" 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