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Home My WebLink About97-01970 J J . ~ ~ ".. ~ w ~ (), ~'" \ " ~i F ~I ~I I I t" a-. MONROE TONNSHIP, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.Q7-/170 MUNICIPAL LIEN DOCKET 1997 vs. RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners MUNICIPAL LIEN MUNICIPAL LIEN FOR TOWNSHIP SERVICES AND SEWER RATES AND NOW, comes Monroe Township, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, by and through its SOlicitors, James D. Bogar, Esquire and Andrew C. Sheely, Esquire, and files the fOllowing municipal claim against Richard L. Swope and Joyce L. Swope, husband and wife, adult individuals, owning property located at 675 Valley view Drive, Boiling Springs, Monroe Township, CUmberland County, Pennsyl- vania, their last known mailing address being: 675 Valley View Drive, Boiling Springs, Pennsylvania 17007. Richard L. Swope and Joyce L. Swope, husband and wife, are the owners of all that certain lot of ground, including any improvements located thereon, being more fully described as follows: ALL THAT CERTAIN lot of ground situate in Monroe Township, CUmberland County, Pennsylvania, and being Lot No. 67 on the Plan of Lots Section A, B, and C of White Rock Acres recorded in the Cumberland County Recorder of Deeds Office on November 10, 1970, in Plan Book 22, Page 15, and more fully described as follows: BEGINNING at a point on the southern line of Asper Drive (50 feet wide) at the line dividing Lots Nos. 60 and 67 as shown on said Plan; thence by the western line of Lot No. 60 South 40 degrees 00 minutes East one hundred seventy-one and zero one- hundredths (171.00) feet to a point; thence by the northern line of Lot No. 68 as shown on said Plan, South 67 degrees 24 minutes West two hundred ninety-five and ninety-seven one-hundredths (295.97) feet to a point; thence by the eastern line of Valley View Drive (50 feet wide) North 27 degrees 34 minutes West one hundred sixty-five and zero one-hundredths (165.00) feet to a point; thence by a curve to the right having a radius of twenty- five (25) feet the arc length of forty-four and forty-seven one- hundredths (44.47) feet, and a chord length of thirty-eight and eighty-three one-hundredths (38.83) feet on a chord bearing North 23 degrees 23 minutes East; thence by the southern line of Asper Drive North 74 degrees 21 minutes East two hundred thirty-two and ninety one-hundredths (232.90) feet to the place of BEGINNING. HAVING ERECTED THEREON a dwelling being known and numbered as 675 Valley View Drive, Boiling Springs, Pennsylvania. BEING the same premises which Penn Products Corporation by Deed dated December 31, 1970, and recorded January 7, 1971 in the Cumberland County Recorder of Deeds Office in Deed Book "X", Volume 23, Page 809, granted and conveyed unto Richard L. Swope and Joyce L. Swope, husband and wife, Owners. Tax Property Map Parcel Number: 22-33-0043-021 Monroe Township hereby files this Municipal Claim for services and sewer rates levied and assessed from October 1, 1977 through and including March 31, 1997 (fourth calendar quarter 1977 through and including first calendar quarter 1997). Said Township services and sewer rates were levied and assessed pursuant to Township Ordinance No. 3 of 1978, same being known and cited as the "Monroe Township Sewer Rental and Charge Ordinance", as amended. Attached hereto and incorporated herein are the statements forwarded by Monroe Township to Richard L. Swope and Joyce L. Swope for sewerage treated from October 1, 1977 through and including March 31, 1997 (fourth calendar quarter 1977 through and including first calendar quarter 1997), which services total is in the amount of $7,079.31, which sum was duly assessed against Richard L. Swope and Joyce L. Swope, husband and wife, and the real property described herein from the date of said billing statements 2 as attached hereto, and for which sum, with interest in the amount of ten (10%) percent, along with penalties and all costs, and including attorneys' fees, a municipal lien is claimed against the above- described real property and premises in accordance with the Act of May 16, 1923, P.L. 207, ~7, as amended, 53 P.S. ~7101, et seq, as amended (Municipal Claims and Tax Liens). Monroe Township Date: April 16, 1997 B ga , Esquire ~h"}:'~ Solicitors for Monroe Township 3 ". " , , .1' I It! ,,,,'Ii Il.L1 II" ' fll";I:'........'.'l I . C ~ I I I'. , . \, ',J.: j" Ii' I r" '1: II !' ' ';; I 11I1' '.: I " ~ ".111.";'1'.' t'l , "" ""11'; I" Ln'" ".'?! ~..'j~l'ii~~ ' 'mOI!Oll , "")~~'i~\U~ I OMJ11 F"lIi1'I.I'~ ('.".',1;')1 "1:1.:'1"'; !J!I i;t'; lii,iH .' " ,~Ilblll . ~01~J~~ 5~~tM~~. ; !l.lI~l~i r~R!QO p~ : 101)' l Oli"ll~l el'!II', ( I I e, i' II~;':I ~ ~WON : ,:7: ,::d.'.~" ',t:~ ~~:.;~ I. ! ~(- i ~_ r't,: 'ji':: I:!'i~ ~tl 1;' r.t~~~"'~~ii"@."~IJI v,.~:m~ "o,',r,n I TT II , i IJ2,Oq 1'''' '.1'.'1''': ",'I M't:F. : /101', I' ~ II .; -~:" T ':! tl ~ ~ (, I: 'I ' II.: f'r p; (\1' ''\1. '.! ~. ~I: ~: . :.:. liilWJ'i!I~' I .,.;. ji , .. I (~"~:~15'~~~...',' ~~9'~~~?H.-"" .\r'=.(.'lllH' OC'J~? i1r~ I f,'lI' '.~PJ t" ~ . t'''~1 nile: ITH,I, I.. ;f:'rllF'~: ;'~1.71 Ol'lt::";f"j \Ilr;r:r; nr: fUliN 7111,$ I"L'/l/IC.'N Willi \'('11n f'.WMF.1JJ -_ __......._~_u_..____ ~_. quarter 1977 through and including first calendar quarter 1997). The total amount of the services and sewer rates as of the date of the municipal lien filing was $7,079.31, which sum was duly assessed against RICHARD L. SWOPE and JOYCE L. SWOPE, husband and wife, owners of real property, including improvements thereon, located at 675 Valley View Drive, Boiling Springs, Pennsylvania. d. The Monroe Township services and sewer rates were levied and assessed pursuant to Township Ordinance No. 3 of 1978, same being known and cited as the "Monroe Township Sewer Rental and Charge Ordinance," as amended. 3. The Monroe Township Municipal Authority hereby voluntarily substitutes itself as a claimant herein in the place and stead of Monroe Township. Monroe Township Municipal Authority By:_--Lf)~\ James D. ~r, Esquire ~. . Hipp, December 10, 2002 Solicitors for Monroe Township Municipal Authority -2- 0 , I c: , " .:"",,' 7l , I ,) , .. f:J , , . , , v; q :.) ~~ ; ", , - . MONROE TOWNSHIP, Claimant IN THE COURT OF COMMON PLEAS OF Cffi1BERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners MUNICIPAL LIEN ENTRY OF APPEARANCE To The Prothonotary: We enter our appearance for the Monroe Township Municipal Authority as a party claimant herein. / l... Ja es D. , Esquire Attorney No. 19475 One West Ma~n Street Shiremanstown, PA 17011 (717) 737-8761 B. Hipp, Esquire I. D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 December 10, 2002 Solicitors for Monroe Township Municipal Authority 1>" . ,'#> \.) ,- r." , - j'\~ ,', , , -:"1'-'1 :':-1 ~~.I/ I 1 ~: : .- ~.., '- , .. c:.:.l . - , , f', .- :~~ " '. -., . (- ~,.. {~~ ~~) , , l =) :.) c.~ '. . II ~, -: J, .' .. ,Hf-.L'l j.'!. ',' :.!' j I !:.;'j ;.~.t,i iijd: .'1:'1' :l!!: ~ I " . I 11 ':' . (J ~ {-:Jl1Hiilii....'!..\l ',.-.'lllll ("/ I.I!.' I'il i J/' t.'fIr;: y! ,t," ;.Ii r /....: 1.. r! I \ !.:: ~ i .l~ r J L' f'li II ~ i'; i 'J r I I ~J/;' '! I 1 ;- " , ~-~;h'llj i-; l\'lr~llAI.:tl l. f.~ i" /d. -..-.._._--_.~-_._--_.._-- --'.._,- _._~-- ,III[,Y :,;r'IJTIJ :--h'~'l'l_f 1 r~1 11r::'Pll t. i' ;";h.:'r 1 1 i of (.tll'lHrl~ll\ln' r:'JUlit,y. F'1~r:n yl'.';jnla. ,dl" b'-':.n\.; 'j'J1i' ;::'....(.1'1) .~lcl:.-.:'r<:1.ln';] t,., 1 J~'. ~~'-Iy ::;, t. h.:. WI t_ L L n :~.LL!lLL:_:...!....~':"'~:.. 1_1 j,': I r:;j;:':; ,::;C:!r veC1 '.1 pro n ___'-i~}l!::-1 r I~,H,\ ~~l'._u.~t~~L~ __~~_l~_~_~'_._~_~~,~.LI~Y. ._L________ th.,:- -:h.f(:nd'Jr:t. ;,t _L2.:_',\'J:<~~ lll)tlE , (1[, ; h. ;~~~r~l:i. ':.1;):,,' o.f t\..LI-IJ 1 'Y~-::-:l '- ~__~~~_t}_tlL~~~i.1-.l~tU~I_, (:~~~_ ~;IIJ, f.; L"~'.t~~~_L~~:J:_"-___,~ ; 11 I.; C IJU R 'I' HIJl !:~;.; :-;lJU,\ h''': c- (\ !5J~L~:J.:.:t;.l F ^ 1-':.;-0..._____.__. ______._..._._. ...._ ________. .' (I 1t'lt.H::~?I,!di[l (r!\Hit~., 1"..:.'nrJ:::':: l':,Hll 'J, ::' y h:l.[!.j ..:..n~l t 'J 1,\1.:;-: 1 L r'i,:r\ ',.n1rdICit.!., ~;EC. FOH I',~: 1".I_~i__f; T.T~~~6.ll L!::_l_,LI~~ i!c.!~~t~tl.!:!_,_____________ " ; 1 'J.:. <Hid ~-d.l>:-;:-I:(".d C(lr':: ,_,i f.:p:. [olin: 11.~:i t r.~L-_L 1 ;.'n :ind dt. l.h~_, .:;:lr:.~ +'11:1':" dl:'i,'r:t:.:rl'.l !1..:'1'::" 'i1' t.'.'i'lt..l'.in t.O tll'~' Cf)rit:.o::?nt:.: t.h~?n?l)f. li.-l,J 1 t 1 ;:1[1;:11 (- (i rli;r,.'-;. !:::::;: f!lTl'::: r\TTCiEHFY r\'~t~Er":l:l' ::'r:r:v' i-~: FOr-; :,1[i.EJ-j[t/d;'i.,. ~.rl ACCEFTMICE OF (.;t"I;\'] !~:s Fe':': t'i l~:: :\ TT t\!~: II!, U. . ;'1 '::-1- ~ ~ f '::: l:~, ,c;- t, ~~_ : [',:,r::k..;..' t, Ill') , ,::,r \' il:-r" (I J i 1 Ii :::i '/ 1 t ;u r r: !:') r '~P? . ,-,',I "'J '-'n~w'f~~~ 1 ,l:.',. t)l'l -1.J-; :.. CII,'.! r:'~---r-Fil1~=:: L1l[I'.:, ',:,tlt'rl11 :---,T:-:::;--!'j C! II. r ! i '4 i ~~' '1 [i'i.n i :~,ll1 ! . 1 ,"3~ 1,)' -_Sp.rkiOt~~h~ 11 '. ,I t ;ioJ ~_ ,..; ~' !ll;,.: .2.5<<1., ,.,.,~~ '1.1_ ., l ' , I~Lo- {(, ,J;hd~.~ fpn~1 W. ~' :.'....J~'-, _........----_..._.~._-..~-..._..-.....................- ........ .... . .., . ....~.. ,................................4.. .........~.. .... .....:. ............,... . ..... ." .,- . .- ...... . . ACCEPTANCE OF SERVICE I accept service of the MUNICIPAL LIEN FOR TOWNSHIP SERVICES AND SEWER RATES (on behalf of RICHARD L. SWOPE am authorized to ...... i ..~ t I /, I ,... ~ MONROE TOWNSHIP MUNICIPAL AUTHORITY, CLAIMANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD L. SWOPE AND JOYCE L. SWOPE, HUSBAND AND WIFE, OWNERS : 97-1970 MLD TERM : 02-5930 CIVIL TERM IN RE: PETITION TO REDUCE A MUNICIPAL LIEN TO JUDGMENT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., February 25, 2003:-. On April 16, 1997, Monroe Township, a second class township in Cumberland County, filed a municipal lien against Richard L. Swope and Joyce L. Swope, husband and wife, as the owners of 675 Valley View Drive, Monroe Township (Boiling Springs), Cumberland County. The lien sets forth, inter alia: Monroe Township hereby files this Municipal Claim for services and sewer rates levied and assessed from October 1, 1977 through and including March 31, 1997 (fourth calendar quarter 1977 through and including first calendar quarter 1997). Said Township services and sewer rates were levied and assessed pursuant to Township Ordinance No.3 of 1978, same being known and cited as the "Monroe Township Sewer Rental and Charge Ordinance", [sic] as amended. . . which services total in the amount of $7,079.31, which sum was duly assessed against Richard L. Swope and Joyce L. Swope, husband and wife, and the real property described herein from the date of said billing statements as attached hereto, and for which sum, with interest in the amount of ten (10%) percent, along with penalties and all costs, and including attorneys' fees, a municipal lien is claimed against the above- described real property and premises in accordance with the Act of May '", , ,'.. '._",';::!;.;.. 97.1970 MLD TERM 02.5930 CIVIL TERM 16,1923, P.L. 207, ~ 7, as amended, 53 P.S. Ii 7101, et seq., as amended. (Municipal Claims and Tax Liens). (Emphasis added.) I On December 10, 2002, a voluntary substitution of claimant, Monroe Township Municipal Authority, the successor in interest of Monroe Township, was entered. On December 13, 2002, the Monroe Township Municipal Authority, seeking to enforce payment of its claim out of the real estate upon which the lien is attached, filed a praecipe for the issuance of a writ of scire facias sur municipal claim.' The writ was issued by the Prothonotary that date. The owners filed an affidavit of defense on January 6, 2003, in which they aver that the lien is unenforceable and should be stricken.2 On January 22, 2003, the Authority filed a response to the affidavit and a petition to reduce its lien to judgment. The Authority seeks judgment in the amount of the lien plus accumulated interest totaling $10,154.85, and an award of attorney fees of $4,339.36. A hearing was conducted on February 5, 2003. White Rock Sewage Corporation was a utility licensed before the Pennsylvania Public Utility Commission. Richard L. Swope was a stockholder and officer of the corporation. He and his wife, Joyce L. swope, own 675 Valley View Drive which is located in White Rock Acres development that was served for sewage collection by the 1 See Fox Chapel Sanitary Authority v. Abbott, 34 Commw. Ct. 637 (1978). 2 An affidavit of defense allows the owners to raise all defenses they have to the municipal lien. Shapiro v. Center Township, Butler County, 159 Pa. Commw. 82 (1993). There was no requirement for the owners to appeal within a specified period from the initial filing of the lien. Id. -2- 97-1970 MLD TERM 02-5930 CIVIL TERM subject lien in the amount sought to be reduced to Judgment covers only the amounts the Township believes should have been paid for sewage collection at 675 Valley View Drive, but was not paid by Richard Swope pursuant to the resolution of the White Rock Sewage Corporation on April 8, 1974. The Township filed the lien based on its legal conclusion that the White Rock Sewage Corporation was not permitted to "exonerate" the owners of 675 Valley View Drive for payment of collection services. It relies on Sections 1303 and 1304 of the Public Utility Code, 66 Pa.C.S. Section 101 et seq. Section 1303 provides: Adherence to tariffs No public utility shall, directly or indirectly, by any device whatsoever, or in anywise, demand or receIve from any person, corporation, or municipal corporation a greater or less rate for any service rendered or to be rendered by such public utility than that specified In the tariffs of such public utility applicable thereto. The rates specified in such tariffs shall be the lawful rates of such public utility until changed, as provided in this part. . .. (Emphasis added.) Section 1304 provides: No public utility shall, as to rates, make or grant any unreasonable preference or advantage to any person, corporation, or municipal corporation, or subject any person, corporation, or municipal corporation to any unreasonable prejudice or disadvantage. (Emphasis added.) The owners maintain that Richard Swope was not granted a preferential rate for sewage collection services provided by While Rock Sewage Corporation, nor was he granted an exoneration, Rather, he traded his services provided to the corporation in exchange for the cost of sewage collection based on the established rate for 675 Valley -4- 97.1970 MLD TERM 02-5930 CIVIL TERM View Drive. Whether such a legal conclusion is warranted under Sections 1303 and 1304 of the Public Utility Code, thus negating liability for what is in effect on account receivable owed to the Township based on an unpaid legal obligation for collection services, is not an issue we need address. Under the General Municipal Law at 53 P.S. Section 2231, municipalities: may provide by ordinance or resolution, enacted either before or after the acquisition or construction thereof [of a sewer system], or the entry Into such contract, for the imposition and collection of an annual rental, rate or charge for the use of [al sewer, sewer system. . . . The annual rental, rate or charge so imposed shall be a lien on the properties serviced, and such liens may be filed in the office of the prothonotary and collected in the manner provided by law for the filing and collection of municipal claims. (Emphasis added.) The definitions section in the General Municipal Law at 53 P oS. Section 7101 provides: The words "municipal claim," as used in this act unless specifically indicated otherwise, mean and include. . . (2) the claim filed to recover for. . . sewer rates . . . ... The word "municipality," as used in this act means any. . . township. . . and a body politic and corporate created as a Municipal Authority pursuant to law. Section 7107 of the Act provides: The lien for. . . sewer rates, or rates for any other service furnished by a municipality, - shall exist in favor of, and the claim therefore may be filed against the property thereby benefited by, the municipality extending the benefit. . .' (Emphasis added.) -5- 'll 0': 11 ~ ~; 'l ~ ~ -..... ...-.- . _ ___,_ ..._.____....... . .~. ._.... -......._.. .......~1 .