HomeMy WebLinkAbout02-4423MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY,
Plaintiff
V.
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN, Ty, PENNSYLVANIA
NO. 2002- ~/4/~3
: CIVIL ACTION- LAW
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
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 ajudgment 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, p. C.
LAW OFFICES
By:_
Solicitor for Plaintiff
MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY,
Plaintiff
V.
CARLISLE MOTEL AND
CAMPGROUND, 1NC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTy, PENNSYLVANIA
: NO. 2002- ~ ~/& .~
:
: CIVIL ACTION - LAW
COMPLAINT
Middlesex Township Municipal Authority, by its Solicitor, Snelbaker, Brenneman &
Spare, p. C., files this Complaint against Defendant Carlisle Motel and Campground, Inc. as
follows:
LAW OFFICES
BACKGROUND
1. Plaintiff Middlesex Township Municipal Authority (the "Authority") is a duly
authorized and existing municipal authority under the laws of the Commonwealth of
Pennsylvania with a principal office and place of business located at 350 N. Middlesex Road,
Carlisle, Middlesex Township, Cumberland County, Pennsylvania.
2. Defendant Carlisle Motel and Campground, Inc. is a Pennsylvania business
corporation with a principal office and place of business located at 1075 Harrisburg Pike,
Carlisle, Cumberland County, Pennsylvania.
3. Defendant is the owner ora pamel of real estate located at 1075 Harrisburg Pike,
Carlisle, in the Township of Middlesex, also identified as tax parcel No. 21-19-1637-011
(hereinafter the "premises").
4. Plaintiff provides municipal water and sewer service in and to various locations
throughout Middlesex Township.
5. Defendant is provided at its premises, for its and/or the occupants of Defendant's
use and benefit, municipal water and sewer service by the Authority.
SPARE
C~OUNT I
6. The averments of Paragraphs 1 through 5, inclusive, of this Complaint are
incorporated by reference herein in their entirety.
7. At all times relevant hereto, specifically from February 2002 through August 2002,
Plaintiff provided Defendant with water and sewer services at Defendant's premises.
8. The water and sewer services provided to Defendant by Plaintiff as described above
were provided in accordance with the terms, conditions and requirements of applicable rules,
rates and regulations as established by the Authority.
9. Defendant has consistently failed and refused to pay Plaintiff in full for charges
assessed Defendant for water and sewer services provided Defendant at Defendant's premises for
the period of February 2002 through August 2002 despite repeated requests to do so.
10. Defendant has failed and refused to pay the total amount of $19,103.72 due and
owing Plaintiff for water and sewer services provided the premises from February 2002 through
August 2002, which sum includes applicable late charges or penalties assessed in accordance
with rules, rates and regulations of the Authority up to September 4, 2002.
11. The amounts billed by Plaintiff to Defendant for water and sewer services provided
Defendant's premises were never objected to by Defendant as being inaccurate.
12. The amounts billed by Plaintiff to Defendant for water and sewer services provided
Defendant's nrem; ........
~- ,~ were mir, reasonable and never objected to by Defendant.
-2-
13. The amounts due and owing Plaintiffby Defendant as set forth in Paragraph 10,
above, were billed to Defendant on a monthly basis, which bills contained a statement ¤t
monthly charges due together with an indication of any previous balance due on Defendant's
account for water and sewer services provided together with applicable penalties. A tree and
correct copy of Defendant's account statement with amounts claimed to be due as set forth in this
Complaint, is attached hereto and incorporated by reference herein as "Exhibit A".
14. Defendant's failure timely to pay for water and sewer services provided Defendant's
premises is a material breach of Defendant's express and/or implied obligation to pay for same Ir
accordance with Plaintiff's applicable rates, rules and regulations.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$19,103.72 together with interest and costs of this suit.
LAW OFFICES
SNELbAKER.
BRENNEMAN
& SPARE
C~OUNT II
(In the alternative to Count I)
15. The averments o£Paragraphs 1 through 14, inclusive, of this Complaint are
Y reference herein in their entirety.
16. The water and sewer services provided by Plaintiff to Defendant at Defendant's
were not provided by Plaintiff to Defendant as a gratuity.
17. The charges for the water and sewer services as more fully set forth in Court I of this
Complaint were fair, reasonable, customary and never objected to by Defendant.
18. Defendant wrongfully secured benefits from the use of the water and sewer services
Defendant's premises that would be unconscionable for Defendant to retain.
-3-
19. Defendant has been unjustly enriched at the expense of Plaintiffin the amount of
$19,103.72.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$19,103.72 together with interest and costs of this action.
SNELBAKER, BRENNEMAN & SPARE, p. C.
Date:
September 13, 2002
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697~8528
Solicitor for Plaintiff
Middlesex Township Municipal Authority
SNELBAKER,
BRENNEMAN
SPARE
-4-
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities. I verify that I am authorized to execute this
Verification on behalf of the Plaintiff in my capacity as Operations Manager.
September 13, 2002
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
~l 09/05/02 BL 2 477
~ , .tO 1,223.83
09/04/02 PE 270.40 133.4;
08/06/02 aL Z,703.9e
08/06/02 pp 0 ~ ,334.2~
~l 07 v.~u 107.6~
o~/os/o2 pp -~o2.3s -199.9~
f:/07/08/02 py -4,198.32 -1,525.81
07/05/02 BL 2,174.76 1,076.63
~~202.36 100.30
09/04/02 PE
08/06/02 aL
08/06/02 pp
08/06/02 py
08/06/02 PE
133.42 403.82
1,334.23 4,038.19
-107.66 -107.66
-5~882.34 -5,892.34
107.66 107,6~
07/0~/02 BL
07/05/02 PE
St: PA Ztp:
-399.28
-5,723.93
19,103.72
18,699.90 BZLL[NG 2002/07
14,661.71
14,7~9,37
20,661o71
Total Open Be1 Reference
3,700.99 22,804.71BZLL[NG 2002/08
20~$54.05
20,953.33
3,251.39 26~677.25 BZLLZNG ~002/0~
302.66 23,425.~7
Press <Fl> to exit ~
cF9> - Held
EXHIBIT A
!'-:' F--- ^c ceunt"t'Ti'F '"z .........
· 05/i 0/02
~126.76
. 0E/I0/02 py -6,0§8.04.
05//08/02 BL ~ ~947.96
O$/T'O/OZ WE 1.28~70
PP -812.88.
04//5/02
O4425/02 py -4,081.60
04/0&/02 BL 1,267.56
Oa/04 '
i::l 03/'06/02 8L 1;494.36
::::I03/05/02 PE 141
i'/ 02/05/02 8L 1,418. 76
02/05/02 gE 134.32
S'1,"03/02 BL 1,$43.16
0;/~/02 PE 187.24
~!] 12,'2_.2/01 pp -222.60
· :%:..:.~..-.~.::;:::%:
IransactJons query /'or eCCt: 00204 1~!
Water Sewer Tote] Open Bal 'Reference ~
-63.50 -190,26
-479.23 -6,537,27
988.23 2,914.19
03.50 190.20
-305.52 -918.40
0.00 -4~051,60
63~.03 1,902.59
74.54 223.98
745.43 2,239.79
70.86 212.74
708.63 2,127.39
87.18 201.$0
671.83 2,014.99
92.94 280,18
-115.02 -347.62
Press <Fl> to exit
17013 p: _ _ ~
BILLING 2002/04
BILLING 2002/03
EILLENG 2002/02
BILLING 2002/01
20,000.00
20,180.26
26,727.53
23~813.34
23,623.08
24~541.48
28,623.08
26,720.49
26,496.51
24,256.72
24,043.9B
21,916.59
21,715.09 8[LLIN6 2001/12
19~700.i0
19,419.92
<Fg> - He~p --
SHERIFF'S
CASE NO: 2002-04423 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDDLESEX TOWNSHIP MUNICIPAL
VS
CARLISLE MOTEL AND CAMPGROUND
RETURN - REGULAR
GER3tLD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CARLISLE MOTEL AND CAMPGROUND INC
the
DEFENDANT , at 0008:25 HOURS,
at 1075 HARRISBURG PIKE
on the 18th day of S~tember,
2002
CARLISLE, PA 17013
RAYMOND CASHILL (MANAGER)
by handing to
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
3.45
Affidavit .00
Surcharge 10.00
.00
Sworn and Subscribed to before
me this ?____~ day of
--Q~ ~o~ A.D.
'P~othonotar~ ? /-~
So Answers:
Thomas Kllne ~
09/19/2002
SNELBAKER, BRENNEMAN & SPARE
' D ep~u t~S ~l/r [ f~-~.
MIDDLESEX TOWNSHIP MUNICIPAL
AUTHORITY,
Plaintiff
V.
CARLISLE MOTEL AND
CAMPGROUND, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002 - 4423 CIVIL
:
..
: CIVIL ACTION - LAW
:
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action settled and discontinued on your docket and
indices.
SNELBAKER, BRENNEMAN & SPARE, p. C.
Date: October 31, 2002
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff
Middlesex Township Municipal Authority
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOW~,;:
Carlisle Motel and Campground, Inc.
1075 Harrisburg Pike
Carlisle, PA 17013
Date:
October 31, 2002
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, p. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Middlesex Township Municipal Authority
LAW OFFICES
SNELBAKEr.
BRENNEMAN
& SPAre