I",'"
I
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
CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(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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CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(502) 875-4272
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HEARING OFFICER SHAPIRO:
Would you give us your full name?
MR. CLEM:
Darrell E. Clem.
HEARING OFFICER SHAPIRO:
And what's your address, Mr. Clem?
MR. CLEM:
It's 7600 Country Squire Lane, Louisville, Kentucky
40291.
HEARING OFFICER SHAPIRO:
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.
HEARING OFFICER SHAPIRO:
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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CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(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.
HEARING OFFICER SHAPIRO:
Oh! Is it Jefferson District Court? Is that correct?
MR. CLEM:
Yes, sir.
HEARING OFFICER SHAPIRO:
Okay. In any event, the agreement covers all
proceedings; is that right?
MR. CLEM:
Yes, sir.
HEARING OFFICER SHAPIRO:
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.
HEARING OFFICER SHAPIRO:
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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CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(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.
HEARING OFFICER SHAPIRO:
The hearing is continued generally and we're adjourned.
MR. CLEM:
Okay. Thank you.
OFF THE RECORD
HEARING OFFICER SHAPIRO:
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.
HEARING OFFICER SHAPIRO:
This will conclude the hearing.
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CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(502) 875-4272
MR. CLEM:
Okay. Thank you.
HEARING ADJOURNED
OFF THE RECORD
CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(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
CONNIE SEWELL COURT REPORTER
1705 SOUTH BENSON ROAD FRANKFORT, KENTUCKY 40601
(502) 875-4272
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
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
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
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
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
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
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
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
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
In the Matter of:
DARRELL CLEM
COMPLAINANT
V.
SPANISH COVE SANITATION, INC.
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.
CERTIFICATE OF SERVICE
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
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5
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
!
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5 FRANKFORT, KY. 40602
(502) 564-3940
August 20, 1999
John Lawson President 1622 Huntoon Avenue Louisville, KY. 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
RE: Case No. 99-179
We enclose one attested copy of the Commission's Order in
the above case.
Stephanie Bell Secretary of the Commission
SB/hv Enclosure
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
In the Matter of:
DARRELL CLEM ) )
COMPLAINANT ) )
) ) )
DEFENDANT 1
V. ) CASE NO. 99-179
SPANISH COVE SANITATION SYSTEM, INC.
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 pre- vious represented the DEFENDANT. He has also worked on this case.
Sflerely yours,
Darrell Clem Complainant: CASE NO. 99-179
cc: Bruce Garrett Anderson Attorney
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5
FRANKFORT, KY. 40602 (502) 564-3940
August 2, 1999
John Lawson President 1622 Huntoon Avenue Louisville, KY. 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
RE: Case No. 99-179
We enclose one attested copy of the Commission’s Order in
the above case.
Sincerely,
Stephanie Bell Secretary of the Commission
SB/hv Enclosure
COMMONWEALTH OF KENTUCKY
I that a formal hearing in this matter should be held.
BEFORE THE PUBLIC SERVICE COMMISSION
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 . . '
,, ,l;,; ,,, j; , L;. .I L A ). n.,:> L . $.r,- . <.' 'i 1 :.: .'. 5 P -I( , ,' _ . - I 2. i:(.;'i.' . ' ' -
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.
CERTIFICATE OF SERVICE
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
2
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5 FRANKFORT, KY. 40602
(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
We enclose one attested copy of the Commission’s Order in
the above case.
Sincerely,
Stephanie wq* Bell w Secretary of the Commission
SB/sa Enclosure
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
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
m
/ c 2 7 8 Return Receipt Showng to - Whom & Date Delivered
'z Return Receipt Shawvlg to whom, Date, 6. Addressee's Address
-
~~~~ Qo . ' Postmark or Date
E
. . . . . ._ . - . ' I -
% 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
! c
4b. Service Type 0 Registered d e r t i f i e d
.-. n Exore- , ._ 0 Insured
-
k v if reauesfed
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5 FRANKFORT, KY. 40602
(502) 564-3940
May 13, 1999
John Lawson President 1622 Huntoon Avenue Louisville, KY. 40215
Darrell Clem 5428 Del Maria Way Louisville, KY. 40291
RE: Case No. 99-179
We enclose one attested copy of the Commission’s Order in
the above case.
Sincerelv,
Stephanie Bell Secretary of the Commission
SB/hv Enclosure C e r t i f i e d Mail to John Lawson
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
In the Matter of:
DARRELL CLEM ) )
COMPLAINANT 1
1 1 1
DEFENDANT )
V. 1 CASE NO. 99-179
SPANISH COVE SANITATION SYSTEM, INC.
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
COMMONWEALTH OF KENTUCKY PUBLIC SERVICE COMMISSION
730 SCHENKEL LANE POST OFFICE BOX 61 5
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
Page 2
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$nMo.
6. That the plain&€ has made repeated demands upon the Defadant for
payment of fame, aad the Defendant has failed and refused to pay stme.
WHEREFORE, Plaintif€ de& judgment a- the Defelzdant, DarreU Clem.
a6 follows:
1. Judgment for the t u n a t of fees owed to the Plaintiff by the Defendant, said
amount to be determined by the pro& evidence, and the Court;
2. Any and all furthsr relief to which they may appear end&& including a
BRUCE G m A W W N ED MONAR- J. Michael Pooh & AssociatGs
455 S. 4th Auenus, Suite 610 Louisville, ICY 40262-SO9 (502) 5874053
COUNSEL FOR PUJNTIlV
StEukB Building
2
. _. .. .-. , ,.. -. .
I
I
Darrell Clem 7 6 0 0 Country Squire Lane Louisville, Ky. 40291
Kentucky Public Service Commission P.O. Box 615 Frankfort, Ky. 4 0 6 0 2
Re: vs Darrell
System, Inc.
Dear Sir/Madam:
Enclosed are copies of the original compainant and documents.
1.
2.
3 .
4 .
5.
6.
7.
a.
9.
10.
Copy of original complainant.
Copies of drainage, sewer and water statements.
Copies of paid checks of the same.
Copy of complaint filed in Jefferson Circuit Court, Division Eleven ( 1 1 ) . Two ( 2 ) Notarize Affidavits showing that three ( 3 ) units were vacant and unoccupied.
Two ( 2 ) letters from Louisville Water Company showing bills were paid.
Stipulation signed by J. Michael Poole, Attorney At Law and John Lawsbn, President of Spanish Cove San- itation Company showing in Number Six ( 6 ) of Stipul- ation that the three ( 3 ) units were vacant and un- occupied.
Copy of letter from James Sohan, Attorney At Law, showing no proof of billing was ever introduced in Jefferson Circuit Court.
Copy of letter from Public Service Commission showing the staff conclusion. to discuss this with Mr. Lawson after repeated attempts.
Also showing they were unable
Copy of original letter sent to Mr. Lawson on sewer billing.
Ve truly yours,
/gvzq$&& 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<4
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
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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
COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
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
SPANISH COVE SANITATION, INC.
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 com- mercial 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