numb% - kentucky cases/99-179/99-179.pdf · numb% e i e . commonwealth of kentucky public service...

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e NUMB% e

COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION

730 SCHENKEL LANE POST OFFICE BOX 61 5 FRANKFORT, KY. 40602

(502) 564-3940

CERTIFICATE OF SERVICE

RE: Case No. 99-179 SPANISH COVE SANITATION SYSTEM, INC.

I, Stephanie Bell, Secretary of the Public Service Commission, hereby certify that the enclosed attested copy of the Commission's Order in the above case was, served upon the following by U.S. Mail on October 12, 1999.

Parties of Record:

John Lawson President 1622 Huntoon Avenue Louisville, ICY. 40215

Darrell Clem 7600 Country Square Lane Louisville, KY. 40291

Honorable Bruce Garrett Anderson Counsel for Spanish Cove Sanitation Hargadon, Lenihan, Harbolt &

713 West Main Street ,Louisville, KY. 40202

Herrington

Secretary of the'Commission

SB/hv Enclosure

COMMONWEALTH OF KENTUCKY

BEFORE THE PUBLIC SERVICE COMMISSION

In the Matter of:

DARRELL CLEM

V.

) )

COMPLAINANT ) ) ) CASE NO. 99-179 i ) 1

DEFENDANT )

SPANISH COVE SANITATION SYSTEM, INC.

O R D E R

Defendant having satisfied the Complaint to the Complainant’s satisfaction and

the parties having stipulated to the dismissal of the Complaint, the Commission finds

that this matter should be dismissed.

IT IS HEREBY ORDERED that:

1. The Complaint is dismissed with prejudice.

2. This matter is closed and shall be removed from the Commission’s docket.

Done at Frankfort, Kentucky, this 12th day of October, 1999.

By the Commission

ATTEST:

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APPEARANCES

HON. PAUL SHAPIRO HEARING OFFICER

HON. GERALD WUETCHER, COUNSEL FOR COMMISSION

COMPLAINANT: DARRELL E. CLEM 7600 COUNTRY SQUIRE LANE LOUISVILLE, KENTUCKY 40291 (NOT REPRESENTED BY COUNSEL)

STAFF

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CONNIE SEWELL COURT REPORTER

1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601

(502) 875-4272

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I N D E X PAGE NO.

Appearances 2

Discussion 4-8

Reporter's Certificate 9



(502) 875-4272

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HEARING OFFICER SHAPIRO:

This is a hearing before the Public Service Commission

in the cases of the Complaint of Darrell Clem against

Spanish Cove Sanitation. There are two cases, two

Complaints, filed. One is Case No. 99-178 and the

other one is 99-179, and they essentially deal with the

same issues, same factual issues, so we'll treat them

as one case, at least for our purposes this morning.

Prior to the hearing, Mr. Clem advised the Commission

that his attorney and the attorney representing Spanish

Cove had reached a settlement agreement which was

apparently acceptable to the parties as well.

has an independent action pending in the Jefferson

Circuit Court, and the settlement covers both the

proceedings here and the proceedings before the

Jefferson Circuit Court.

agreement, as conveyed to us, Mr. Clem has agreed to

dismiss the action here and dismiss the action in

Circuit Court and the defendant, Spanish Cove, has

agreed to pay him an amount in settlement of those

pending actions.

and, Mr. Clem, you're present; is that correct?

Mr. Clem

Under the terms of that

We're convened here this morning,

MR. CLEM:

Yes.

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(502) 875-4272

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Would you give us your full name?

MR. CLEM:

Darrell E. Clem.


And what's your address, Mr. Clem?

MR. CLEM:

It's 7600 Country Squire Lane, Louisville, Kentucky

40291.


And you've heard what I've just recounted for the

record. Do you verify that all of that is accurate?

MR. CLEM:

Yes , sir.


In view of what's been represented to us, both by Mr.

Clem and by Mr. Bruce Anderson, wh represents Spanish

Cove and is their attorney of record in these

proceedings, we will continue the hearing generally to

allow the parties to complete their settlement

negotiations and then take whatever action they deem

appropriate to resolve the issues before this

Commission. Do you have anything you wish to add, Mr.

Wue t cher ?

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(502) 875-4272

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MR. WTJETCHER:

Just two points, Your Honor. Your Honor had stated

that Mr. Clem had brought an action in Jefferson

Circuit Court and actually Spanish Cove, the defendant,

had brought an action against Mr. Clem in Jefferson

District Court.


Oh! Is it Jefferson District Court? Is that correct?

MR. CLEM:

Yes, sir.


Okay. In any event, the agreement covers all

proceedings; is that right?

MR. CLEM:

Yes, sir.


Okay. Anything further yo1

MR. CLEM:

Id like to add at this time?

I just want to make sure that this is not brought back

up. This guy, for the last five years, has been a

nightmare to me and to everybody in that area.


Well, what I was going to say is that will be between

you and your attorney and the attorney representing

Spanish Cove. All we can do at this point is continue

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(502) 875-4272

this hearing and allow you all to work it out.

settlement falls through, then, obviously, you have the

right to pursue this Complaint as well as they have the

right to pursue their Complaint in District Court.

If the

Okay?

MR. CLEM:

Okay.


The hearing is continued generally and we're adjourned.

MR. CLEM:

Okay. Thank you.

OFF THE RECORD


It has been brought to my attention that, in order for

us to maintain the docket properly, it's Commission

policy that we have to put some dates in here that the

actions will be taken by.

continued generally, but, if we receive nothing from

the parties within 20 days, then it will be redocketed

So this matter will be

for hearing.

MR. CLEM:

Okay.


This will conclude the hearing.

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(502) 875-4272

MR. CLEM:

Okay. Thank you.

HEARING ADJOURNED

OFF THE RECORD



(502) 875-4272

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STATE OF KENTUCKY

COUNTY OF FRANKLIN

I, Connie Sewell, the undersigned Notary Public, in

and for the State of Kentucky at Large, do hereby

certify the foregoing transcript is a complete and

accurate transcript, to the best of my ability, of the

hearing taken down by me in this matter, as styled on

the first page of this transcript; that said hearing was

first taken down by me in shorthand and mechanically

recorded and later transcribed under my supervision.

My commission will expire November 19, 2001.

Given under my hand at Frankfort, Kentucky, this th

4th day of October, 1999.

Connie Sewell, Notary Public State of Kentucky at Large 1705 South Benson Road Frankfort, Kentucky 40601 Phone: (502) 875-4272

9



(502) 875-4272


730 SCHENKEL LANE POST OFFICE BOX 61 5

FRANKFORT, KY. 40602 (502) 564-3940

October 1, 1999

John Lawson President 1622 Huntoon Avenue Louisville, KY. 40215



713 West Main Street Louisville, KY. 40202

Herrington

RE: Case No. 99-179

We enclose one attested copy of the Commission’s Order in

the above case.

Sincerely,

Sec;etary of the Commission

SB/hv Enclosure



In the Matter of:

DARRELL CLEM ) )

COMPLAINANT ) V. )

SPANISH COVE SANITATION SYSTEM, INC. ) )

DEFENDANT ) 1

) CASE NO. 99-179

O R D E R

The parties having advised the Commission that they have reached agreement

on the matters in dispute and that they require time to commit such agreement to

writing, the Commission, on its own motion, HEREBY ORDERS that:

I. The hearing in this matter is continued to November 12, 1999 at 9:00 a.m.,

Eastern Standard Time, in Hearing Room 1 of the Commission’s offices at 730

Schenkel Lane, Frankfort, Kentucky.

2. The parties shall on or before October I 1 , 1999 file with the Commission

their written settlement agreement.

Done at Frankfort, Kentucky, this 1st day of October, 1999.

By the Commission

ATTEST:

HARGADON, LENIHAN, HARBOLT 8c HERRINGTON ATTORNEYS AT LAW

713 WEST MAIN STREET

LOUISVILLE, KENTUGKY 40202 JAMES E. LENIHAN W a R Y L. HAROADON, JR. A. NEAL HERRINGTON MICHAEL T. COOPER ERIC J. HANEB* -

LIDDELL VAUGHN BRUCE GARRETT ANDERSON

'ALSO ADMITTED IN INDIANA

September 29, 1999

Public Service Commission 730 Schenkel Lane P.O. Box 615 Frankfort, ICY 40602

JOHN L. W a B O L T (le2 e-1900) - TELEPHONE

(502) 583-8701

FACSIMILE (508) 580-1144

-

7.11-179 RE: Dmell Clem vs. Spanish Cove Sanitation, Inc.

Enclosed please find a Stipulation of Dismissal in the above referenced matter. Please file with the Public Service Commission and return the copy, stamped with the date filed, back to my office. Thank you in advance for your attention to this matter.

Sincerely,

HARGADON, LENIHAN, HARBOLT & HERRINGTON

BRUCE GARRETT ANDERSON

BGNjc

Enclosures



In the Matter of

DARRELL CLEM

COMPLAINANT

V.

SPANISH COVE SANITATION, INC.

DEFENDANT

STIPULATION OF DISMISSAL

Comes Spanish Cove Sanitation, Inc., by counsel. and Darrell Clem. and hereby

stipulate and agree as follows:

I . Darrell Clem has previously obtained a credit on his account with Spanish Cove, as

set forth in the records of the Louisville Water Company, and there are no further sums due

between the parties under case number 99-179;

2. Spanish Cove, while admitting no error in its billing, agrees to pay the sum of

$100.00 to Darrell Clem to resolve the issues set forth in Case Number 99-178;

3. The parties further agree to the dismissal, with prejudice, of these actions set forth

hereinabove, with each party to bear its own costs.

HANGADON, LENIHAN, HARBOLT & HERRINGTON

W

AiRU&& ~%.GZRETT A N D ~ O N 7600 Country Squire Lane Louisville, KY 4029 1 COMPLAINANT

713 West Main Street Louisville, KY 40202 Tel: (502) 583-9701 COUNSEL FOR SPANISH COVE

c:\bgal\Spanish\stip.dis

2



In the Matter of:

DARRELL CLEM

COMPLAINANT

V.


DEFENDANT

) 1 ) ) 1 ) C A S E N 0 . m 1 CASE NO. 99-178 1 ) ) ) )

RESPONSE TO PREHEARING ORDER

Comes Spanish Cove Sanitation, Inc., by counsel, and in response to the Commission’s

Prehearing Order, hereby states as follows:

1. John Lawson, principal stockholder and president, of Spanish Cove Sanitation, Inc.,

(SCSI), will testify that all charges were proper and within the tarrifed rates of the Defendant.

2. All of the documentary evidence was previously filed with the Commission in the

prior case, and/or is attached hereto.

3.

evidence for impeachment, rebuttal and/or if called or introduced by the opposing party.

Defendant reserves the right to call any and all witnesses and introduce any and all

Respectfully submitted,

HARGADON, LENIHAN, HARBOLT & HERRINGTON e

f l 3 West Main Street Louisville, KY 40202 Tel: (502) 583-9701 COUNSEL FOR SPANISH COVE SANITATION, INC.


The undersigned counsel hereby certifies that a true and correct copy of the foregoing was mailed by U.S. Mail, postage prepaid, this 27th day of July, 1999, to the following:

Public Service Commission Darrell Clem P.O. Box 615 730 Schenkel Lane Frankfort, KY 40602

7600 Country Squire Lane Louisville, KY 4029 1

c:\doc\Spanish\response. 83099

Paul E Patton Governor



www.psc.sbte.W.us Helen Helton

Ronald B. McCloud, Secretary Public Protection and

Regulation Cabinet

(502) 564-3940 Executive Dlrector

FRANKFORT, KENTUCKY 40602

Fax (502) 564-3460 Public Service Commisslon

September 13,1999

Mr. Darrell Clem 7600 Country Squire Lane Louisville, Kentucky 40291

Re: Case Nos. 99-178

Dear Mr. Clem:

This letter is in response to your letter of August 5, 1999 concerning the above cases. Pursuant to your request, I am enclosing a complete copy of the record of each case.

If we may provide further assistance, feel free to contact us.

Sincerely,

Stephanie Bell Secretary of the Commission

hv Enclosures

AN EQUAL OPPORTUNITY EMPLOYER WID

!



(502) 564-3940

August 20, 1999





Herrington

RE: Case No. 99-179

We enclose one attested copy of the Commission's Order in

the above case.


SB/hv Enclosure



In the Matter of:

DARRELL CLEM ) )

COMPLAINANT ) )

) ) )

DEFENDANT 1

V. ) CASE NO. 99-179


O R D E R

Complainant has moved for the entry of an Order immediately granting the relief

requested in his Complaint. In support of his motion, Complaint states that Defendant

failed to timely comply with the Commission's Order of June 22, 1999 and that under the

terms of that Order he is entitled to his requested relief. Having considered the motion and

being otherwise sufficiently advised, the Commission finds that the motion should be

denied.

IT IS THEREFORE ORDERED that Complainant's Motion is denied.

Done at Frankfort, Kentucky, this 20th h Y Of A W s t , 1999.

By the Commission

ATTSST:

Stephanie Bell Secretary of Commission Public Service Commission of Ky. 730 Schenkel Lane P.O. Box 615 Frankfort, Kentucky 40602

Dear Ms. Bell:

-.~ '.. .

Darrell Clem 7600 Country Squire Lane Louisville, Ky. 40291 August 5, 1999

I request that all documentation for

CASE NO. 9-179

be mailed to Darrell Clem 7600 Country Squire Lane Louisville, Kentucky

40291

Thank you very much for your cooperation.

Sinsrely, yours,

Helen Helton Executive Director Public Service Commission of Ky. 730 Schenkel Lane P.O. Box 615 Frankfort, Kentucky 40602

Dear Ms. Helton:

In the matter of:

1 1

1

1 )

DARRELL CLEM COMPLAINANT

CASE NO. 99-179 V.

SPANISH COVE SANITATION, INC. )

DEFENDANT

I ask the Commission to carry out its order and grant the relief that the COMPLAINANT seeks on the grounds that the DEFENANT did not answer complaint within the amount of time that was set by the Commission.

The DEFENDANT'S new attorney Bruce Garrett Anderson knew about the case, because CASE NO. 99-178 was answered on July 3, 1999 . He also was an attorney working in the law firm that previous represented the DEFENDANT. He has also worked on this case.

Sflerely yours,

Darrell Clem Complainant: CASE NO. 99-179

cc: Bruce Garrett Anderson Attorney



FRANKFORT, KY. 40602 (502) 564-3940

August 2, 1999





Herrington

RE: Case No. 99-179


the above case.

Sincerely,


SB/hv Enclosure


I that a formal hearing in this matter should be held.


In the Matter of:

DARRELL CLEM ) )

COMPLAINANT 1 V. )

SPANISH COVE SANITATION SYSTEM, INC. 1 1

DEFENDANT ) 1

) CASE NO. 99-179

O R D E R

Spanish Cove Sanitation, Inc. (“Spanish Cove Sanitation”) having answered the

complaint and it appearing that issues of fact and law are in dispute, the Commission finds

IT IS THEREFORE ORDERED that:

1. A formal hearing in this matter shall be held on September 21 , 1999, at 9:00

a.m., Eastern Time, in Hearing Room 2 of the Commission’s offices at 677 Comanche

Trail, Frankfort, Kentucky, and continuing until completed.

2. Within 30 days of the date of this Order, each party shall file an original and

8 copies of the following with the Commission and serve a copy upon all parties of record:

a. List of the names and addresses of all witnesses that it intends to call

as a witness at the formal hearing.

b. A summary of the expected testimony of each witness.

e e c. A copy of all documents and exhibits that it intends to introduce into

evidence at the schedule hearing.

3. To be timely filed with the Commission, a document must be received by

the Secretary of the Commission within the specified time for filing except that any

document shall be deemed timely filed if it has been transmitted by United States

express mail, or by other recognized mail carriers, with the date the transmitting agency

received said document from the sender noted by the transmitting agency on the

outside of the container used for transmitting, within the time allowed for filing.

4. Service of any document or pleading shall be made in accordance with

Administrative Regulation 807 KAR 5:001, Section 3(7), and Kentucky Civil Rule 5.02.

5. As the Complainant bears the burden of proof in this matter, his failure to

appear at the formal hearing and to present proof in support of his complaint may result

in the dismissal of his complaint with prejudice.

6. The failure of Defendant to appear at the formal hearing may result in the

entry of an Order granting the Complainant's requested relief.

Done at Frankfort, Kentucky, this 2nd day of August, 1999.

By the Commission

ATTFST: t

I .'I t b ' , , I < ,

= *' , I ,I !* COMMONWEALTH OF KENTUCKY

BEFORE THE PtiRLIC SERVICE COMMISSION

- .,. * < ,J

. , In the Matter of

DARRELL CLEM 1 )

COMPLAINANT ) )

e - --. ) )

SPANISH COVE SANITATION, INC. 1 )

DEFENDANT )

'1 i CASF- :<o. (as 179

Order of June 22, 1999,' hereby states as follows:

J . . John Lawson, principal stockholder and president, of Spanish Cove Sanitation, Inc.,

(SCSI), upon receipt of the Complaint filed herein, forwarded same to the attorney for SCSI

for pioper handling and the timely filing of a response.

2. However, for reasons unknown to SCSI, no Answer was filed to the Complaint.

(Undersigned counsel had previously represented SCSI while an employee of J. Michael Poole

& Associate's, but hadleft the firni before the filing of the complaint herein, and had no

knowledge of the Complaint until contacted by the Public Service Commission on or about July

27, 1999. Further, undersigned Counsel,, in.?Case. ,~.o..:~-9,178,,,~im~~y filed a response to the

show cause order, but was still unawxe of the pendency of this action until notified on today's

date. .

. . : I ' I . . '

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3. SCSI hereby denies the allegations set forth in the Complaint, and asserts that all

charges were proper and according to tariff. Further, SCSI asserts the affirmative defenses of

accord and satisfaction, estoppel, waiver, collateral estoppel, res judicata, limitations and

lac he s .

4. It would be unfair and inequitable to deny SCSI its rights to due process by this

Commission because of the failure of Counsel to properly attend to this matter. Therefore,

SCSI respectfully requests this Commission to set this matter for a hearing to determine all

issues raised by the Complaint.

Respectfully submitted,

HARGADON, LENIHAN, HARBOLT & HERRINGTON

713 West Main Street Louisville, KY 40202 Tel: (502) 583-9701 COUNSEL FOR SPANISH COVE SANITATION, INC.


The undersigned counsel hereby certifies that a true and correct copy of the foregoing was mailed by U.S. Mail, postage prepaid, this 27th day of July, 1999, to the following:

Public Service Commission P.O. Box615 730 Schenkel Lane Frankfort, KY 40602

c : \doc\spanish\re sponseshowcause ,72799

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(502) 564-3940

June 22, 1 9 9 9

John Lawson President 1 6 2 2 Huntoon Avenue Louisville, KY. 40215

Darrell Clem 7600 Country Square Lane Louisville, KY. 4 0 2 9 1

RE: Case No. 9 9 - 1 7 9


the above case.

Sincerely,

Stephanie wq* Bell w Secretary of the Commission

SB/sa Enclosure



In the Matter of:

DARRELL CLEM ) )

COMPLAINANT ) )

V. ) CASE NO. 99-179 )

SPANISH COVE SANITATION, INC. ) )

DEFENDANT )

O R D E R

On May 13, 1999, the Commission ordered the Defendant to satisfy the matters

set forth in a formal complaint filed with this Commission or, in the alternative, to answer

the complaint within 10 days Gf the date of service.ofits.0rder. Defendant was served

with a copy of the Commission’s Order on May 14, 1999. As of this date, it has not

complied with the Order.

IT IS THEREFORE ORDERED that Defendant shall, within 14 days of this Order,

show cause in writing why its failure to comply with the Commission’s Order of May 13,

1999 should not be considered as an admission of the allegations contained in the

complaint and why the Commission should not therefore immediately grant the relief

that the Complainant seeks.

Done at Frankfort, Kentucky, this ?2pd day o f June, 1999.

By the Commission

ATTEST:

Z 319 087 4 b 2 e US Postal Sewice

No Insurance Coverage Provided. Do not use for International Mail (See reverse)

Receipt for Certified Mail

-\\ ( - Y o Certified Fee

Speaal D e l h y Fee G, \, '$'y"' : ,

Restncted Dbivery Feew j , I

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/ c 2 7 8 Return Receipt Showng to - Whom & Date Delivered

'z Return Receipt Shawvlg to whom, Date, 6. Addressee's Address

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~~~~ Qo . ' Postmark or Date

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% SENDER: 2 In Q

I also wish to receive the following services (for an Complete items 'I and/or 2 for additional sewices.

m Complete items 3 4a, and 4b. Print your name a)d address on the reverse of this form so that we call return this

rn h e "Return Receipt Requested'on the rnailpiece below the article number. .The Return Receipt will show to whom the article was delivered and the date

3. Article Addressed to:

extra fee):

card to you. 1 . 0 Addressee's Address a!

i

Consu,t postmaster for fee, ; 5 delivered. I

'0 Q Q

Attach this form t p the front of the rnailpiece, or on the back if space does not emit. 2. 0 Restricted Delivery

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4b. Service Type 0 Registered d e r t i f i e d

.-. n Exore- , ._ 0 Insured

-

k v if reauesfed



(502) 564-3940

May 13, 1999


Darrell Clem 5428 Del Maria Way Louisville, KY. 40291

RE: Case No. 99-179


the above case.

Sincerelv,


SB/hv Enclosure C e r t i f i e d Mail to John Lawson



In the Matter of:

DARRELL CLEM ) )

COMPLAINANT 1

1 1 1

DEFENDANT )

V. 1 CASE NO. 99-179


ORDER TO SATISFY OR ANSWER

Spanish Cove Sanitation System, Inc. (“Spanish Cove”) is hereby notified that it has

been named as defendant in a formal complaint filed on April 29, 1999, a copy of which is

attached hereto.

Pursuant to 807 KAR 3001, Section 12, Spanish Cove is HEREBY ORDERED to

satisfy the matters complained of or file a written answer to the complaint within 10 days

from the date of service of this Order.

Should documents of any kind be filed with the Commission in the course of this

proceeding, the documents shall also be served on all parties of record.

Done at Frankfort, Kentucky, this 13th day of b y , 1999.

By the Commission

ATTEST:

Paul E. Patton Governor



FRANKFORT, KENTUCKY 40602

(502) 564-3940 Fax (502) 564-3460

www.psc.state.ky.us

May 5,1999

John Lawson President 1622 Huntoon Avenue Louisville, KY 40215

Darrell Clem 5428 Del Maria Way Louisville, KY 40291

RE: Case No. 99-179 SPANISH COVE SANITATION, INC. (Complaint; Rates) OF DARRELL CLEM $1500 CHARGE FOR 3 UNOCCUPIED UNITS

Ronald B. McCloud, Secretary Public Protection and

Regulation Cabinet

Helen Helton ntecutive Director

Publlc Service commission

This letter is to acknowledge receipt of initial application in the above case. The application was date-stamped received April 29, 1999 and has been assigned Case No. 99-179 In all future correspondence or filings in connection with this case, please reference the above case number.

If you need further assistance, please contact my staff at 502/564-3940.

Sincereiy,

shm IWJ Stephanie Bell Secretary of the Commission

SB/jc

AN EQUAL OPPORR~IITY EMPLOYER m m

e

. -.\, , .

Yn the Matter of:

C O M P L A I N T

/

The complaint of g ,'% ;d respectfully shows: (Your Full Name)

C b t i n u e d on Next Page

Dated at / Kentucky, this 24 day (Your City)

(Name and addrsss of attorney, i f a n y )

S t a t e o f Kentucky ) 1 ss

County of J e f f e r s o n )

AFFIDAVIT

Comes Robert Young, DMD, and a f t e r be ing f i rs t

du ly sworn, s ta tes I am the t enan t and lessee of u n i t

known as 5432 D e l Maria Way, Lou i sv i l l e , J e f f e r s o n

County, Kentucky and have leased s a i d premises s i n c e I _ . I l o / i ? ! 1 9 9 3 .

Since my occupancy, I personal ly know tha t

5 4 3 0 , 5436 and 5438 Del Maria Way have been vacant and

unoccupied.

F u r t h e r , a fE ian t sa

Subscr ibed and sworn t o be fo re m e by Robert

Young, DMD, t h i s p5 day of June, 1 9 9 4 .

My commission ex

e r son County, Kentucky

STATE OF KENTUCKY 1 1 ss

COUNTY OF JEFFERSON )

AFFIDAVIT

- Comes t h e A f f i a n t , Todd King, and a f t e r being

f i r s t du ly sworn, s t a t e s t h a t he i s t h e t e n a n t and l e s s e e

of two p a r c e l s o r u n i t s of Spanish Cove loca ted on D e l Maria,

J e f f e r s o n County, KGntucky,- known as TK's 'Pub and B u l l Frog Garden.

A f f i a n t s t a t e s t h a t he has r en ted and leased t h e

two p a r c e l s o r u n i t f o r a t l e a s t t h e las t seven (7) y e a r s .

A f f i a n t s ta te -s t h a t t h e two ad jo in ing pa rce l s o r u n i t s

known as 5436 and 5438, and t h e corner p a r c e l o r u n i t

known as u n i t 5430 have been vacant f o r some per iod of

time and t h a t they have been cont inuously vacant from

December 1, 1993 t o t h i s d a t e .

A f f i a n t f u r t h e r states t h a t he has one water l i n e

t o s e r v i c e bo th of h i s pa rce l s .

F u r t h e r Af f i an t s a y e t h not . =/? To d 'King

Subscribed and sworn t o before me by Todd King

t h F s a u k day of June, 1994.

( I /27 6) L

My commission exp i r e s ( I

-. /-'

LOUlSVlLLE 6 JEFFERSON COUNTY METROPOLITAN ITEM AMC - TELEPHONE CUSTOMER SERVICE HOURS

SEWER DISTRICT DRAINAGE 5ar-0603 P R E V I O U S 8ALANCE 000 . MONOAY-FRIDAY 8:15 A.M. -5:OO P.M. CURRENT D R A I N A G E 8h8qh

I TOTAL SEWER

R A L A N C E I 1clu j : ' i

. , 3 :

.. h30.31 :

CONSUMPTION ~

METER READINGS IN UNI7S OF FROM TO 1000 CALL3NS

b 7 2 5 b8SD , 1 2 5

LAST PAYMENT AMOUNT OATE PROCESSED

. . . . -

:URRENt UATER I 22Sobb i A L C S T A X )PST A P t O

. .L. . . .

. .

LOUlSVlLLE 6 JEFFERSON COUNTY METROPOLITAN ITEM AMOUNT 96-76 SEWER DISTRICT ORAINAGE 587-0603

TELEPHONE CUSTOMER SERVICE HOURS PREVIOUS 8ALANCE MONDAY - FRIDAY a: 15 A.M. - s:oo P.M. . CURRENT D R A I N A G E 93. so

TOTAL DRAINAGE 18U.Yb I

6

t CURRENT SEblfi? I I SALES TAX

SPANISH COVE 3b1-8Brlrl

ERVl E NUMBER FRO: 1 TO OF DAYS

TOTAL SEWER 3,309.33,

TELEPHONE CUSTOMER SERVICE HOURS CASUIER HOURS 8U 03bCJO-OS MONOAY - FRIDAY e:oo A.M. - a:oo P.M. MONDAY - FRIOAY SATURDAY 8:30 A.M. - 12:30 P.M. 8:OO A.M.-S:OO P.M.

SERVICE ADDRESS S s t 8 DELilARIA rBAY ATTACHMENT 0 Ob 9 s

. .FAOM 1 TO . OFCAVS 1 PER@Av SERVICE NUMBER AVERAGE COST'

r 1 CONSUMPTION '

1 IN UNITS OF METER READINGS

FROM TO 1 1000 QCLLONS ! I I I I

ITEM AMOUNT

P R E V I O U S BALANCE 8 00 CUIiRENT WATE!? SALES TAX . 334.911

n

AMOUNT 93.50

LOUISVILLE h JEFFERSON C O U N N METROPOLITAN SEWER DISTRICT ORAINAQE 587-0603

TELEPHONE CfSTOMEA SERVICE HOURS MONOAY - FRIOAY 8: I S A.M. - 5:OO P.M. CURRENT D R A I N A G E a& 93.50

LATE CHRG TOTAL DRAINAGE

. .

SATUROAY - B:jo A.M. - iz:30 PM. 8:ao *.M.-g.oo P.M.

I ITEM AMOUNT

/ P R E V I O U S EALANCE 0b.SS ICURRE'NT IrlAtEP *

'SALES T A X I L3.11,

I TOTAL WATER I 2 2 U . ? G I

I 1

CURRENT D R A I N A G E 22.00

LOUISVILLE h JEFFERSON COUNTY METROPOLITAN

TELEPHONE CUSTOMER SERVICE HOUPS SEWER DISTRICT DRAINAGE 587-0603

MONDAY - F ~ I O A Y a:is A.M. -stoa PJM.

I I AMOUNT SPANISH C ITEM

3 L 1, - 9 5 Y 4. IPR E V IO US 8ALA N CE CURRENT SEUER SALES T A X

. . ' _ . : . . '

.. .., > . . . . I _ .,_I! . . . . . . . , . , ..,

TELEPHONE CUSTOMER SERVICE HOURS CASHIER HOURS MONOAY - FRiDAY MONOAY - FRIDAY 8:OO A.M. - 8.00 P.M.

SATURnAY a 5 0 A.M. - t z m P.M. 8 3 0 A.M.-5.00 P.M.

I CONSUMPT!ON 1 FROM I TO 1 IOOOCALLONS i tN UNIlS OF METER READINGS

b ! €XCHANGE 1 2 !

METER SIZE 3/% INCH -

LAST PAYHENTIMOUNT DATE PROCESSED AV THIS A M

2 ? 3 . h 4 JUL 13 L99q I OUE OAT€

Ps id

P

__.._ _. L i. .

._ .

LOUISVILLE 6 JEFFERSON COUNTY METROPOLITAN SEWER OISTfiICT ORAINAGE 5 8 7-0 80 3

MONOAY - FRIOAY 8: 15 A.M. - 5:OO P.M. TELEPHONE CUSTOMER SERVICE HOURS P R E V I O U S BALANCE

C U R R E N T D R A I N A G E

.. 9

TOTAL DRAINAGE :_... ..

SPANISH C O V E 3hlI-BBritl ~~ ~~

SERVICE NUMBER FROM I TO, OF DAYS

I I

ITEM

b R E V f O U S 8 A L A N C E C U R R E N T SEtdER ISALES T A X

6.

I LO’JISVILLE a JEFFERSON COUNTY METROPOLITAN ITEM AMOUNT SEWER OlSTRlCP ORAlNAGE 6

TELEPHONE CUSTOMER SERVICE HOURS MONDAY - FRIDAY 8.15 A M - 5 00 P.M. ,

5a7-0eoc . nn 22.flU

- . TOTAL SEWER b?b.?9 1 ’ -

. - -- .-.. . , .. .,

AMOUNT LOUISVILLE 8 JEFFERSON C W N N METROPOLITAN

TELEPHONE CUSTOMER SERVICE HOURS P R E V I O U S EALANCE SEWEil OiSTRlCT DRAINAGE 587-0603

MONDAY - FRIDAY 8.15 A.M. 5 i)c) P.M.

TOTAL DRAINAGE ce En +

TELEPHONE CUS'OMER SERVICE WJRS CASH!ER UoU%s MONDAY. FRIDAY a:oo A.M. - 8 x 1 P.M. MONDAY - FGlDAY SATUP.9AV a:30 A.M. - 1 z:?o ?.M a:oo A.M. . S:E p.h!.

:/

. .

, . ___- 4

L

NO.

S P A " COVE SAmTATION, INC.

0

agdust tho Defendant herein, DarreU Qtm. states as follows:

1. Tho Plaintiff is a corporation authorized and endsting under the laws of &e

Commonwealth of Kentucky, and is a provider of sewer dispoeal*serviccs as defined in the

Kentucky R h s e d Statutes.

2. f)anell Clem, at 8d times relevaat herein, was, and is, a :&dent of the county

of Jefbrsan, Comnxmaltb of Ka~twQ.

3. That the Defendant, DmeU Clem, owns certdn red property, located on ur

about the fifty-fcnx hundred block of Del Maria Way, bttisdle, Kentucky.

4. T'ha! the Plaintiff, as a provider of sewage treatment senrices, did, at various . ...- . .. --

dam provide sewage treatment services for the propetty owxed and/or operated by the

Defendant, D a r r B l l acm.

5. That, the Defendant, DarnU Clem, has fded and r e h d to pay all amoarits

due for said sawage treatment services, and there exi$ts a balance due and outstaxbg, in

ernpp of sl$nMo.

6. That the plain&€ has made repeated demands upon the Defadant for

payment of fame, aad the Defendant has failed and refused to pay stme.

WHEREFORE, Plaintif€ de& judgment a- the Defelzdant, DarreU Clem.

a6 follows:

1. Judgment for the t u n a t of fees owed to the Plaintiff by the Defendant, said

amount to be determined by the pro& evidence, and the Court;

2. Any and all furthsr relief to which they may appear end&& including a

BRUCE G m A W W N ED MONAR- J. Michael Pooh & AssociatGs

455 S. 4th Auenus, Suite 610 Louisville, ICY 40262-SO9 (502) 5874053

COUNSEL FOR PUJNTIlV

StEukB Building

2

. _. .. .-. , ,.. -. .

I

I

Darrell Clem 7 6 0 0 Country Squire Lane Louisville, Ky. 40291

Kentucky Public Service Commission P.O. Box 615 Frankfort, Ky. 4 0 6 0 2

Re: vs Darrell

System, Inc.

Dear Sir/Madam:

Enclosed are copies of the original compainant and documents.

1.

2.

3 .

4 .

5.

6.

7.

a.

9.

10.

Copy of original complainant.

Copies of drainage, sewer and water statements.

Copies of paid checks of the same.

Copy of complaint filed in Jefferson Circuit Court, Division Eleven ( 1 1 ) . Two ( 2 ) Notarize Affidavits showing that three ( 3 ) units were vacant and unoccupied.

Two ( 2 ) letters from Louisville Water Company showing bills were paid.

Stipulation signed by J. Michael Poole, Attorney At Law and John Lawsbn, President of Spanish Cove San- itation Company showing in Number Six ( 6 ) of Stipul- ation that the three ( 3 ) units were vacant and unoccupied.

Copy of letter from James Sohan, Attorney At Law, showing no proof of billing was ever introduced in Jefferson Circuit Court.

Copy of letter from Public Service Commission showing the staff conclusion. to discuss this with Mr. Lawson after repeated attempts.

Also showing they were unable

Copy of original letter sent to Mr. Lawson on sewer billing.

Ve truly yours,

/gvzq$&& Darrell Clem

In the Matter of:

Ll. uem (Your Full Name)

vs . COMPLAINANT )

1 1

C O M P L A I N T

The

(a)

complaint of respectfully shows: (Your F u l l game)

L4

Tun knoun) (A'ddress of UYility)

(Name and address of attorney, if a n y )

SEWER DISTRICT ORAINAGE 587-0603 ITEM AMOUNT ..... ,I LOUISVILLE a JEFFERSON C O U N N METROPOLITAN

TELEPHONE CUSTOMER SERVICE HOURS PREVIOUS BALANCE . oo ~ . . ' I

MONDAY - FRIDAY 8:.15 A.M. - 5:OO P.M. CURRENT DRAINAGf Bh.Sh : ' . . ' I ..'. ;-j

TOTAL DRAINAGE &b. 96 :.'..:..: ..?..ii

'J :...I.* . . .

METER READINGS FROM TO

SPANISH COVE

CONSUMPTION IN UNITS OF

lo00 GALLONS

3hL-88119 SERVICE NUMBER

FROM 1 TO OF DAYS

AFTER DUE DATE

b2/09 ! 02/03 I Sb 1-

BY DUE DATE

. . . . . . . I .

. . . . . . .

. . . . .,.,.. _. ~ ..... ,.:..

, . ... : . . . . . ,. :: .... ,. 1

. - .

, .. . . . . . .

. . . .

URRENT SEUER

. . . ..... .._.. , . . . ..

EM 03boa-m I.,.,;: 1 - TELEPHONE CUSTOMER SERVICE HOURS , ,, , CASHIER,. HOURS

SATURDAY . 8:30 A.M. - 12:30 P.M. a:oo A.M.--~:oo P.M. .... .:.. MONDAY - FRIDAY. 8:OQ A.M. - 8:OO P.M. . MONOAY -FRIDAY .

SERVICE ADDRESS 5428 D E l l l A R f A M A Y ATTACHMENT 0 0 b s s

SERVICE NUMBER AVERAGE COST FROM I TO OF DAYS PER DAY

1 I

. . . . . . . .

CURRENT MATER 22S.bb SALES TAX L3.5Y DPST APLD bSO.OQ

i r

CURRENT D R A I N A G E TELEPHONE CUSTOMER SERVICE HOURS MONDAY -FRIDAY 8: 15 A.M. - 5:OO P.M.

TOTAL DRAINAGE LA0.96 1 . I:

CURR€NT SEldER

SPANISH COVE 3bJJ-BB4q

, -

LOUISVILLE WATER COMPANY

TELEPHONE CUSTOMER SERVICE HOURS CASHIER ..-.._... HOURS MONDAY - FRIDAY 8:OO A.M. - 8:oo SATURDAY a 3 0 A.M. - 1 ~ 3 0 P.M. 8:uu n.ru.-a:uu r.M.

MQNUAY - rniuAr 8111 03600-05 1' ~ -- - . . .... P.M.

PREVIOUS UALANCL CU3RENT MATER

J4.37

CONSUMPTION

FROM TO 1000 GALLONS METER READINGS IN UNITS OF

685.3 la987 b 37

- d A I " AY THIS 'AMOUNT ' DUE DATE LAST PAYMENT AMOUNT DATE PROCESSEq . PAY THIS AMOUNT

389.20 HAR 02 1991r BY DUEDATE

-_-__.- AFTER DUE DATE - . ._ . - _._ _._________--__.------_-

0 .. .

'I r

. . .

LOUISVILLE 8 JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT DRAINAGE 587-0603

TELEPHONE CUSTOMER SERVICE HOURS MONDAY -FRIDAY 8:15 A.M. - 5:OO P.M.

LATE CHRG .. _- . . . . .

.. .. .. . . . . . . . .

.. . . . . . .. .

. TELEPHONE CUSTOMER SERVICE HOURS CASHIER HOURS HONOAY - FRIOAY 8:OO A.M. - 8:OO P.M. HONOAY - FRIDAY SATUROAY 8:30 A.M. - 1230 P.M. 8:OO A.M.-5:OO P.M.

I f

I . . - . . . . . .

; . . ,. ..

, . .

- .. u; ..i c1

.* k

. .i

:'ii ... : :

i u

R

I h

i

. . . . .. . .... ,: .. ..* . ... . -_ . ,_

'., . . . . . . - .. . . .. ... .- ' :. -,

..> , .. . .

, . .,. ;. , . - .

.. . . ;.. . I.. , < - ,.

* , .

.. .

--.+;- u,w:* ..., .r *.A,: E O'W

k

I I , b

TOTAL DRAINAGE

r

SEWER DISTRICT DRAINAGE 587-0603 ITEM I AMOUNT LOUISVILLE a JEFFERSON COUN~Y METROPOLITAN

TELEPHONE CUSTOMER SERVICE HOURS PREVIOUS BALANCE 00

22.00 .

' MONDAY-FRIDAY 8:15 A.M.-5:00 P.M.

ITEM

P R E V I O U S BALANCE CURRENT WATER SALES T A X

ICURRENT DRAINAGE I 22.00 1

AMOUNT

na 1 5 . 2 8 . $2

SERVICE FROM I TO

- - * - LOUISVILLE WATEWCOMPRWY ;;;-; 583-6610 TDD 569-3601 YOUR ACCOUNT NUMBER IS . TELEPHONE CUSTOMER SERVICE HOURS CASHIER HOURS MONDAY - FRIDAY 8:oo A.M. - aoa PM. MONDAY -FRIDAY SATURDAY 8:30 A.M. - 12:30 F.M. 8:OO A.M.-5:00 P.M.

3Y 5 BY 03600-05 I

NUMBER i AVERAGE COST OF DAYS ; PER DAY

SERVICEADOAESS 5428 D E L M A R I A UAY

I 06/02 I 08 /03 I 62 i .26 ] CONSUMPTION

IN UNITS OF FROM TO 1000 GALLONS

METER READINGS

EXCHANGE 2 b METERSIZE 3 /q I N C H

LAST PAYMENT AMOUNT DATE PROCESSED 4

278.bq JUL 13 L799

Pa id

i. I I

r . .. . .,: . . 1 !:,. .. : ._ . . : : -.. :

, . ..

t

I

. .

ITEM AMOUNT SEWER oisnicr DRAINAGE 507-0603'

TELEPHONE CUSTOMER SERVICE HOURS PREVIOUS BALANCE 2 2 0 0 2 2 . 0 0 MONDAY - FRIDAY 8: 15 A.M. - 5:00 P.M. CURRENT DRAINAGE

?, *?g

;, -:;:; !.;.$: . . a , . :

". 1

vv.00 i.1 : c. 2

d. .rw i TOTAL DRAINAGE

SERVICEADDRESS 5rl28 DELUARIA LdAY ITEM AMOUNT

ATTACHMENT 0 0 b Li S 5 PREVIOUS QALANCE . 00 SERVICE NUMBER AVERAGE COST' CURRENT WATER 28.18

SALES T A X 1.m FROM TO OF DAYS PER DAY

08/03 ll/OY b2 31 (.7& f3 .?.ZC &d &v*b;p?f CONSUMPTlON

FROM TO 1000 GALLONS METER READINGS IN UNITS OF

2 LO A J TOTAL WATER L9.38 -

SPANISH COVE ITEM AMOUNT

3bL-884rl PREVIOUS BALANCE I & i 3 s 5 , L s

lOb.04 SEP 08 b49q

SERVICE NUMBER FROM I TO OF DAYS

L1488m44 lL-01-74 I*r(Bb.37 AFTER DUE DATE BY DUE DATE

.a. . ENT SEbfER b4-00 w . /CURR SALES T A X 3.84 k

TELEPHONE CUSTOMER SERVICE HOURS CASHIER HOURS MONDAY - FRIDAY 8:OO A.M. - 8:OO P.M. MONDAY - FRIDAY SATURDAY 8 3 0 A.M. - 12:30 P.M. 8:OO A.M.--5:00 P.M.

5 , .

BW 03600-05

I I

.- ,.- ... . . .

0 m

3

c . ,

SEWER DISTRICT DRAINAGE 587-0603

TELEPHONE CUSTOMER SERVICE HOURS MONDAY - FRIDAY 8:15 A.M.-5:00 P.M. u.

'I. , I ITEM

PRFVIOUS BALANCE' 8 n fJ :':i; %: I

C U R R E N T DRATNAGF 22 tyJ :".?,: ! -

TOTAL DRAINAGE

SPANISH COVE: 3!3b-P;844

SERVICE NUMBER FROM 1 TO OF DAYS

I I SALES TAX

TOTAL SEWER a

9U 03baJO-135 TELEPHONE CUSTOMER SERVICE HOURS MONDAY - FRIDAY 8:00 A.M. - 8:OO P.M. SATURDAY 8:30 A.M. - 1230 P.M.

CASHIER HOURS MONDAY - FRIDAY

NUMBER AVERAGECOST 2'838

OF DAYS I SALES T A X

SERVICE ADDRESS 5428 DELflARIA MAY ATTACHMENT n! 64 5 5

SERVICE FROM I TO PER DAY

IN UNITS OF 1000 GALLONS

TOTAL WATER 32.1.q :

- LAST PAYMENT AMOUNT DATE PROCESSED *

%77.??2 NOV CY 199s AFTER DUE - DATE BY DUE DATE

--._ .____-_-- --

. ;. I

. , . ,

, , n, , ,. ,:-y , .. .... -c-.

.:::. , . . :. I' .

-. . .. -. . .... . I

I . ..

<.:, * /

.,,:o ,;.. ,

.:'-. ,'. , +', .. ' . ,:,a :.-

I: ' _

1 .1_ ,1 : '4::. .,

....... .r .. ._ . , .._ . . . . . . - I ' ..-. .

. , .... ........

4

. . . . .

I. , . e

I I

TELEPHONE CUSTOMER SERVICE HOURS PREVIOUS EALANCE CURRENT DRAINAGE MONDAY - FRIDAY 8:15 A.M. - 5.00 P.M.

- - TOTAL DRAINAGE

. / _ . -,_.. ........ . . . . . . . . . . . . . . . ..

SPANISH COVE 3DII-d&lt4

SERVICE NUMBER FROM TO OF OAYS

1 2 / 0 2 02/02 b 2 . . . . . . . . . . . . . . . . . . , , , : : ..~ '. .r. . r. rf

.... . . . . . ,

. .

i. . . . . . . . . ..v.,. . . . i( j . . . . . . .

..... .: . ,

, .

... , . " . , ' . .

. ,

ITEM P R E V I O U S BALANCE

SALES T A X . C U R R E N T SEWER

TOTAL SEWER

7 i

- ' TELEPHONE CUSTOMER SERVICE HOURS 8:OOA.M. - 8:OO P.M.

,' SATURDAY 830 A.M. - 1230 P.M. L MONOAY - FRIDAY MONDAY - FRIDAY

8.00 A.M: ; 500,P.M:

ATTACHMENT a m a s s SERVICE I NUMBER 1 AVERAGE COST\

FROM TO OFDAYS PERDAY . b t .- F 2 W E o a a z

CONSUMPTION IN UNITS OF

FROM TO 1000 QAUONS METER READINGS

ITEM AMOUNT

PREVIOUS BALANCE m G G ~

CURRENT IdATEA ltmZ2 ...

I I l ~ . . . I r . - - TOTAL WATER 2 c s a 3 I

* PAY THIS AMOUNT DUE OAT€ US1 PAYMENT AMOUNT DATE PROCESSED

/ llzll. 57 03-02-75

AFER DUG DATE 330.13 DEC 28 3474

,

I I

.._ . :. . ' .

e! . .. i :'i .'. ,l..

,'. . I ... .... .:. :::

!.:, . " ....

, ' . ,:. . , . - . . .

e -

r 0 c H Vl C H r r m

K <

A r no * c

* C H wr.4 C C D H

H r P + € rnP

4 m m H X

0 * 3 * 'TI * P

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r r n m

r r n

70 m G\ c > 70

r

L "

NO. 105556 JEFFERSON CXRCUIT COURT

DIVISION

V. cQMIwJm

*** *a* .**

Comes the Plalnd$ Spanlsh Cove Sadtadon, Lnc, by ~6rmsel, and for its complaiix

against the Defendant herein, Darrell Clem, states as fallaws:

1. The Plainti€€ k a carporation authorized and existing under the laws of the

Commonwealth of Kentucky, and is a provider of sewer disposal-services as defined in the

Kentucky Revised Statutes.

2 Darrell Clem, at all times relevant herein, w8s, and L, a resident ofthe c m t y

of Jeflserson, Commonwealth of Ken-.

3. That the Defendant, Derrell Clem, o ~ m s certain real property, located on ar

about the ftfty.fuur hundred block-of Del Maria Way, LuuisvilIe,. htucky.

4. That the Plain@ as a provider of sewage treatment Servfces, did, at d o l l s

dates, provide sewage treatment services for the property owed and/or operated by the I .- .. --

hfdant9 Darrsll acm.

5. That. the Defendant, DarreU Clear, ha8 failed and refused M pay all amounts

due for said sewage treatment services, and there exhts a balance due and outstaading, in .

exc8ss of %l>oaoo. 6. That tho Plaintiff has made repeated demands upon the Defendant for

payment of same, and the Defendant has failed and refused to pay same.

1

WHEREFORIE, Plaintiff demands judgment against the Defendant, DarreIl Clem,

a8 follows:

1. Judgment for the amount of fees owed to the Plaintiff by the Defendant, said

amount to be determined by the pro& evidence, and the Court;

2 Any and all furthsr relief to which they may appear entitled, including a

reasonable attorney's fee.

BRUCE GARRETT ANDWON ED M O N m a J. Michael Pode & kssbciates Starks Building 455 S. 4th Avenue, 610 Louisville, KY 402024509 (502) 587.0063

COUNSEL FOR PLAINTIFF

. .. - . . ... -

2

S t a t e o f Kentucky )

County of J e f f e r s o n ) ) ss

AE'F IDAVIT

Comes Robert Young, DMD, and a f t e r being first

du ly sworn, s ta tes I am t h e t e n a n t and lessee of u n i t

known as 5432 Del Maria Way, L o u i s v i l l e , J e f f e r s o n

County, Kentucky and have leased s a i d premises s i n c e

In , L / ( , 1993. Since my occupancy, I personal ly know that

5430, 5436 and 5438 Del Maria Way have been vacant and

unoccupied.

W

Subscribed and sworn t o b e f o r e m e by Robert

Young, DMD, t h i s - >!5 day of June, 1994.

My commission expires : \ I , - 2;: - q,

t e r s o n County, Kentucky

STATE OF KENTUCKY 1 ) ss

COUNTY OF JEFFERSON )

AFFIDAVIT

Comes t h e A f f i a n t , Todd King,

f i r s t du ly sworn, states t h a t he i s t h e

of two p a r c e l s o r u n i t s of Spanish Cove

and af ter being

t e n a n t and lessee

loca ted on D e l Maria,

J e f f e r s o n County, Kentucky, known as TK’s Pub and B u l l Frog Garden.

A f f i a n t states tha t he has r en ted and leased the

two p a r c e l s o r u n i t f o r a-t least the las t seven (7) yea r s .

A f f i a n t s t a t e s that t h e two ad jo in ing pa rce l s o r u n i t s

known as 5436 and 5438, and the co rne r p a r c e l o r u n i t

known as u n i t 5430 have been vacant f o r some per iod of

t i m e and that they have been cont inuous ly vacant from

December 1, 1993’ t o t h i s d a t e .

A f f i a n t f u r t h e r states t h a t he has one water l i n e

t o service bo th of h is pa rce l s .

F u r t h e r Af f i an t s a y e t h no t .

Subscr ibed and sworn t o be fo re me by Todd King

t h i s a u k _c__ day of June, 1.994.

I

b>

/ I My commission exp i r e s

LOUISVILLE WATER COMPAJSE 5 5 0 S O U T H T H I R D S T R E E T L O U I S V I L L E , K E N T U C K Y 4 0 2 0 2

T E L 5 0 2 - 5 6 9 - 3 6 0 0 F A X 5 0 2 - 5 6 9 - 0 8 1 5

May 4, 1999

Darrell Clem 7600 Country Squire Louisville, KY 40291

Re: BW 03600-05 5428 Delmaria Way

Dear Mr. Clem:

Per your request for clarification of my previous correspondence and spreadsheet, the numbers on the spreadsheet reveal that your account was fully paid (which includes water with Louisville Water Company, sewer with Spanish Cove Sanitation, and drainage with MSD) by December 1994.

I am enclosing another copy of that spreadsheet, which illustrates the breakdown of all charges and payments for water, sewer and drainage.

We can provide no additional details regarding this account. The Louisville Water Company acted merely as a collection agency for your private sewer company, Spanish Cove Sanitation. Our responsibility ends with receipt of your payment and disbursement to the appropriate sewer and drainage companies to balance the account.

Sincerely yours,

Providing Customer Information & Assistance

PC: 6. Miller E. Chestnut R. Bridges File

A n Equal Opportunity Employer

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LOUISVILLE: WATER COMPANY 436 S O U T W T H I R D S T R E E T * L O U I S V I L L E . K E N T U C K Y 4 0 2 0 2

Oct. I , 1997

Darrell Clem 7600 Country SqUire. LouiwiJle, Ky. 40291

D w D d l Clem.

Enclosed is a copy of your billing record that lists the last dx payments

applied on your water bill. Our records indicate your account is up to date

and you are in ~ o o d standing with the Louisville Water Company,

Sincerely,

Lfk*/& L Mary Anne Turner Accounting Dept.

An Equal Opportunity Employer

I. J , .

LOUISVILLE WA4TER COhlPAhTY 436 S O U T H T H I R O S T R E E T * L O U I S V t L L E , K E N T U C K Y 4 0 1 0 2

Sept. 30, 1997

Dmdl Clem 7600 Country Squire. Louisville, Ky- 40291

Re: B u n g for Account BW0360005 during year 1994

Dear D m U Clem,

Listed below are the billings during 1994.

Feb S 239.20 Water Apt. $ 262.12 Water June $ 18463 Water 630.9 L Sewer 678.40 Sewer 678.40 Sewer 86.96 Drain 93.50 Drain 93.50 Drain 150.00 Dr. 717.87 DT. 1,507.56 Dr.

$1,107407 $1,751.~ $2 .464.09

Aug $ 16.20 Water Oct. $ 19.38 Water Dec. $ 31.14Warer 67.84 Sewer 67.84 Sewer 67. SJ Sewer 22.00 Drdn 22.00 D d 22.00 Drain

1.377.15 Dr 1.377.15 Dr. @.IS Dr. $1.483.19 $1,486,37 $ 730.13

Sincerely,

,Thk Mary Anne Turner

Accounting Dept.

A n Equal Opportunity Employer



In the Matter of:

V.

DARRELL CLEM 1 1

COMPLAINANT ) 1

1 SPANISH COVE SANITATION )

1 DEFENDANT 1

) CASE NO. 94-162

STIPULATION

This matter came on pursuant to an Order of the Commission assigning the

.,

.A

captioned case for hearing before the Commission on June 28, 1994, at 1:00 p.m., Eastern

Daylight Time, in the hearing room of the Commission's offices at Frankfort, Kentucky.

Presiding was the Honorable John Shapiro, Hearing Officer. Present for the

Complainant, Darre 1 Clem, was Rudy Yessin, Attorney at Law, Frankfort, Kentucky;

present for the Defe dant, Spanish-Cove Sanitation, was J. Michael Poole, Attorney at Law,

Starks Building, Louisville, Kentucky. k

The Hearing Officer inquired if the parties were ready and the attorneys for

each of the parties notified the Hearing Officer that they were in the process of working out

a stipulation, whereupon the parties were granted time in which to work out the stipulation.

When the matter was called for hearing, the parties informed the Hearing

Officer that they had reached an agreement and it was stipulated between the parties as

follows:

The property in question was purchased by the Complainant, Darrell Clem,

(hereinafter "Clem"), from the United States Bankruptcy Court on the Petition filed by John

// Lawson (hereinafter "Lawson"). Lawson was the owner of the majority stock in Spanish

Cove Sanitation (hcrcinafter "Cove"). Transfer of the property was accomplished on

December 1, 1993.

Clem stated that he was being chargcd for sewage chargcs for 10 units pcr

month at the rate of $32.00 per unit; whereas, he should be only charged for 3 units per

month at the rate of $32.00 per unit. He claims the 7 units in question should not be

charged to him, including 4 units being leased to T.K. Pub & Restaurant (owner, Todd

King) and 3 units which were vacant.

The other 3 units are being,occupied by Clem, by a dentist and by a hairstyling

facility.

Clem requests the Commission to require Cove, by order, to inform the

Louisville Water Com any where the proper bilIing should be made for the sewage disposal

charges. i Lawson, for Cove, claims that the billings were proper because there was only

one (I) meter at the time of the purchase by Clem and it was up to him to collect from his

various tenants.

Since June 2, 1994, Clem has had additional meters installed.

The parties agreed as follows:

On and after June 2,1994, the billings made by the Louisville Water company

for sewage disposal shall be as follows:

1. Units 5438,5436 and 5430 are vacant and until they are occupied or being

used, there is not billing to be made for sewage disposal to any party.

2. Unit 5434, now occupied by a hair stylist, shall be billed to that party.

2

e 3. Unit 5432, is occupied by a dentist, Dr. Robert Young, and billings shall

J be made to him.

4. Unit 5428 consists of a men’s restroom and a ladies restroom on the second

floor and should be billed as 1 unit to Clem.

5. Units 5440,5442, 5444, and 5446 now consist of One (1) unit instead of 4

units, having only one water meter. There are no walls between the units in the pub. There

is a single meter for this section of the building. The bill should be made for four (4) units

to T.K. Pub or its owner, Todd King, in the amount of $128.00 per month. - L.

6. The 3 vacant units, 5438,5436,5430, have been billed at the rate of $32.00

a month for 6 mon , December, 1993 through May, 1994, to Clem. Clem shall be given

credit from charges made against him by the Louisville Water Company for the sum of

$576.00.

4 7. Units 5446,5444,5442, and 5440 have been billed to Clem for a period of

6 months, December, 1993 through May, 1994, for a total sum of $768.00. The parties agree

to divide this amount equally b e ~ e e n them and to be responsible for the sum of $389.00

each. Darrell Clem is to pay $389.00 to his (Clem’s) account at Louisville Water Company

for the Sewer bill, and Spanish Cove Sanitation is to credit Clem’s account for $389.00, or

John Lawson is to pay the Louisville Water Company $389.00. This amount will equal the

sum of $768.00.

8. A diagram of the units is attached hereto and marked Exhibit A, and made

a part hereof as if copied in full.

9. The parties agree that the statements set forth hereinabove should be

carried out by an Order of this Commission directing the Louisville Water Company and any

other parties affected by this stipulation to carry out the terms hereof.

3

This

RUDY YESSIN 201 Capital Avenue P.O. Drawer B

BRUCE GARRETT ANDERSON J. Michael Poole & Associates Starks Building Frankfort, Kentucky 40602

Louisville, Kentucky 40202 (502) 587-0063

COUNSEL FOR THE DEFENDANT


455 S. 4th Avenue, uite 610 (502) 227-7326

COUNSEL FOR THE 1 COMPLAINANT

-nb-

4

- - 2

@

- day of August, 1994.

DARRELL CLEM

LAW OFFICES

SOHAN & SOHAN SUITE 602. ONE RIVERFRONT PLAZA

LOUISVILLE, KENTUCKY 4 0 2 0 2 TELEPHONE (502) 589-6240

J A M E S P. S O H A N PATRICK J. S O H A N

FERN CREEK OFFICE, FERN CREEK, KENTUCKY 4 0 2 9 1 ( 5 0 2 ) 2 3 9 - 0 8 9 3

August 18, 1999

Kentucky Public Service Commission P.O. Box 615 Frankfort, KY 40602

Re: Case #99-179 Darrell Clem vs. Spanish Cove Sanitation System, Inc.

Dear Sir/Madam:

Please be advised that this office represents Darrell Clem, Defendant in an action in the Jefferson Circuit Court, Division Eleven, filed by Spanish Cove Sanitation against Darrell Clem on September 26, 1997, alleging that Mr. Clem is indebted to Spanish Cove in a sum in excess of $1,500.00. Responsive pleadings were filed to the Complaint and no proof was ever taken nor were any bills ever submitted despite request of this office. Upon a hearing on the Notice to Dismiss the Action for lack of prosecution, and attorney in the office of J. Michael Poole, appeared and advised thatshe:knew nothing of the case, however, she requested additional time to familiarize herself with the action and to determine what was involved. The undersigned advised the Court that this matter was before your Commission on a Petition filed by Mr. Clem. The Court then remanded the Circuit Action pending a final decision from the Public Service Commission, the date of the Court Order being June 15, 1999.

If you desire any further information with regard to the Civil Action in the Jefferson Circuit Court, please advise the undersigned.

JPS/si J mes P. Sohan u

COMMONWl AI 1 I1 of k1 N I UCKY PUBLIC SERVICE COMMISSION

730 SClitNKfL LAN1 POSI OFtICL UOX h1S

t RANK1 OR I , KY. 40602 (502) 564.3940

March 22, 1994

Mr. Darrell Clem 7000 Billtown Road Jeffersontown, Kentucky 40299

Dear Mr. Clem:

The Consumer Services Branch has completed its review of your recent complaint brought against the Spanish Cove Sanitation District. Based upon the information available to the staff, it is the staff's opinion that the Spanish Cove Sanitation District is improperly billing your account at 5428 Delmaria Way, Louisville, Kentucky 40291, for sewage service.

The staffl's conclusion in this matter is based in part on the drawing of the'building at 5428 Delmaria Way which consists of five commercial units, the utility's filed tariff, and the Kentucky Revised Statutes.

KRS 278.160 ( 2 ) provides that no utility shall charge, demand, collect or receive from any person a greater or less compensation f o r any service rendered than that prescribed in its filed schedules and no person shall receive any service from any utility for a compensation greater or less than that prescribed in such schedules.

According to information supplied to the staff and to Mr. John Lawson, President of the Spanish Cove Sanitation District, sewer service is being currently provided f o r 3 units at the 5428 Delmaria Way, Louisville, Kentucky location. The current tariffed commercial rate for the Spanish Cove Sanitation District is $32.00 per month. Calculating three units at $32.00 per unit results in a current monthly sewer assessment of $96.00 per month for the 5428 Delmaria Way location. It is the customer's responsibility to notify the utility of changes in the occupancy of the units. We understand that you have so notified Spanish Cove Sanitation of the current occupied units.

I

AN EOIIAL OPPOHTllN ITY EHI'I.OY ER H 'Y.'D

Mr. Darrell Clem Page 2 March 22 , 1994

We have been unable to discuss this matter with representatives from Spanish Cove Sanitation after repeated attempts. Consequently you may wish to file a formal complaint with the Commission through the provisions of 807 KAR 5:001, Section 12 through 15 (copy enclosed). The opinions of the staff are not binding upon the Commission and the Commission may or may not elect to establish a formal case based upon the merits of the petit ion.

I regret that we have been unable to assist you in this matter.

Sincerely-

Manager

Darrell Clem 7000 Billtown Road Jeffersontown, Ky. February 10, 1 9 9 4

John A. Lawson 1 4 1 8 Bluegrass Avenue Louisville, Kentucky

Dear Mr. Lawson;

I'm being charged for three (3) vancant commercial units (charge of $32.00 per month) on the Louis- ville Water Company's bill from Spanish Cove Sanitation Company. I'm also being charged for four (4) commercial units ($32.00 per month) for T.K. Pub and Restaurant. There are no meters in the pub and restaurant. I should only be charged for three (3) commercial units, $32.00 per month on the sewer statement bill from the Louisville Water Company which Spanish Cove Sanitation Company has an agency fee agreement.

Would you please correct this problem with the Louisville Water Company. be greatly appreciated.

Your help in this matter would

Darrell Clem

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