The URL can be used to link to this page

Home My WebLink About02-5930MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 MUNICIPAL LIEN PPJ~ECIPE FOR THE WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM TO: Curtis R. Long, Prothonotary Dear Sir: On behalf of the Monroe Township Municipal Authority, claimant in the above-captioned matt · Writ of Scire Facias ~ ~-~ .... ~r~ kzndly issue the attached ~ ~'~u~u~pa± C±a~m. Please be advised that said claim is still due and unpaid, and remains a lien against said prcper5y described therein. J December 13, 2002 Mon[~Towns~p Municipal Authority Ja~es D~ B~, Esquire Solicitors for the Monroe Township Municipal Authority MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. IN THE COURT OF COPR~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA/~IA : 02- 5~30 NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 RICHARD L. SWOPE and JOYCE L. : SWOPE, Husband and Wife, : Owners : MUNICIPAL LIEN WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM The Commonwealth of Pennsylvania to Richard L. Swope and Joyce L. Swope, husband and wife, Greeting: Whereas, the Monroe Township Municipal Authority, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, 17055, (hereinafter referred to as the "Authority"), on April 16, 1997 filed its Municipal Lien for Township Services and Sewer Rates in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 97-1970 Municipal Lien Docket 1997, for the sum of $7,079.31, with interest from April 1, 1997 in the amount of ten (10) percent, along with penalties and all costs, including attorneys, fees, for services and sewer rates against all that certain lot of ground, including any improvements located thereon, same being known and numbered as 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, owned or reputed to be owned by you, said property being more fully described as follows: ALL TH_AT 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 Amd whereas, We have been given to understand that said municipal claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby notified to file your affidavit of defense to said claim, if defense you have thereto, in the office of the Prothonotary of our said Court, within fifteen (15) days after service of this writ upon you. If no affidavit of defense be filed within said time, judgment may be entered against you for the whole claim, and the property described in the claim be sold to recover the amount thereof. Witness, the Honorable George E. Hoffer, President Judge of our said court, this I~~ day of D¢¢,~m~3-, 2002. /, O Co. urtis R~ Long, V~ro~onotary MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant Vo RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MUNICIPAL LIEN NOTICE TO PLEAD To: Monroe Township Municipal Authority You are hereby notified to file a written response to the enclosed Affidavit of Defense within twenty (20) days from service hereof or a judgment may'be entered against you. WILLIAM H. ANDRING, Attorney for Owners 234 North Street Harrisburg, PA 1.7101 (717) 234-4728 MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant Vo RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1970 MUNICIPAL LIEN DOCKET 1997 MUNICIPAL LIEN AFFIDAVIT OF DEFENSE AND NOW come Owners, Richard L. Swope and Joycc L. Swope, Husband and Wife, by and through their attorney, William H. Andring, Esq., and file this Affidavit of Defense. 1. Richard L. Swope and Joyce L. Swope, husband and wife, (hereinafter "Owners") are adult individuals who own and reside at thc property located at 675 Valley View Drive, Monroe Township, Cumberland County, Pennsylvania, which property is the subject of the municipal lien at issue in the present matter. 2. On or about December 29, 1995, Monroe Township sent a letter to Owners, claiming that Owners owed to Monroe Township thc amount of $6,625.92 for sewage collection and treatment services which allededly had been provided to the property at 675 Valley View Drive (hereinafter "Property") by the White Rock Sewage Corporation during the period from January 1, 1977, through December 31, 1994. 3. On or about April 16, 1997, the present municipal lien was filed on behalf of Monroe Township, which lien states that it was "... 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 thc amount of $7,079.31...". 4. The entire amount claimed as due in the municipal lien is in fact based upon the claim of Monroe Township as delineated in the letter referred to in Paragraph 2 hereof, for the period from October, 1977 through December, 1994, with additional interest and other fees added. 5. No written or other notice of the municipal claim at issue in the present action, other than that referred to in Paragraph 2 hereof, has ever been provided to Owners. 6. During the period from approximately January, 1995 'to the present, Monroe Township and/or the Monroe Township Municipal Authority have provided sewage collection and treatment services to the Property, and the fees for these services have been paid in full by Owners. 7. During the period from October, 1977 through December, 1994, the Monroe Township Municipal Authority did not exist. 8. During the period from October, 1977 through December, 1994, Monroe Township did not own, lease, or otherwise exercise ownership, control or possession of any sewage collection system which provided sewage collection services to, for, or on behalf of the Owners, or to the Property. 9. During the period from October, 1977 through December, 1994, Monroe Township did not own, lease, or otherwise exercise ownership, control or possession of any sewage treatment system which provided sewage treatment services to, for, or on behalf of the Owners, or to the Property. 10. During the period from October, 1977 through December, 1994, Monroe Township did not provide any sewage collection or treatment services to, for, or on behalf of the Owners, or to the Property. 11. During the period from October, 1977 through Deceanber, 1994, Monroe Township did not have any contract or other legal agreement with the Owners to provide sewage collection or treatment services to the Owners, or to the Property. 12. During the period from October, 1977 through December, 1994, Monroe Township had no ordinances, resolutions, or other legal authority pursuant to which it was authorized to provide sewage collection or treatment services to the Owners, or to the Property. 13. Prior to the letter referred to in Paragraph 2 hereof, Monroe Township had never provided a bill or other notice to Owners claiming that any amounts were owed to Monroe Township for sewage collection or treatment services for the period from October, 1977 through December, 1994. 14. During the period from October, 1977 through December, 1994, all sewage collection and treatment services provided to the Owners or to the Property were provided by the White Rock Sewage Corporation, a Pennsylvania public utility .operating under authority granted by, and pursuant to regulation by, the Pennsylvania Public Utility Commission. 15. No mounts are due and owing by Owners to Monroe Township, Monroe Township Municipal Authority, or any other person for sewage collection and treatment services provided to the Property during any period of time. 16. There exists no valid factual or legal basis for the municipal claim and the municipal lien at issue in the present action. WHEREFORE, Owners request this Honorable Court to dismiss the present action, declare the municipal claim null and void, remove the lien filed against the Property, and award Owners costs and attorney fees. Respectfully submitted: WILLIAM H. ANDRING, E~Q. Attorney for Owners 234 North Street Harrisburg, PA 17101 (717) 234-4728 MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1970 MUNICIPAL LIEN DOCKET 1997 MUNICIPAL LIEN OATH OR AFFIRMATION I, Joyce L. Swope, Owner in the above-captioned action, hereby swear and affirm that the statements in the attached Affidavit of Defense are tree and con'ect, to the best of my knowledge, information and belief. SWORN AND SUBSCRIBED before me, a notary pub]sic in and for the County of Cumberland, Commonwealth of Pennsylvania, by Joyce L. Swope, on this the day of January, 2003. MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant Vo RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1970 MUNICIPAL LIEN DOCKET 1997 MUNICIPAL LIEN CERTIFICATE OF SERVICE I, William H. Andring, hereby certify that on this, the 6th day of January, 2003, I served a copy of the attached document by causing it to be deposited in the United States Mail, first class postage prepaid, addressed as follows: James D. Bogar, Esq. Jennifer B. Hipp, Esq. One West Main Street Shiremanstown, PA 17011 / / / WILLIAM H. ANDRING, ES~. SHERIFF'S RETURN - REGULAR ~[~ MO: 2002 05930 p COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND MONROE TWP MUNICIPAL AUTHORITY VS SWOPE RICHARD L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon SWOPE RICHARD L the DEFENDA/~T , at 2100:00 HOURS, on the ~3rd day of December at 675 VALLEY VIEW DR , 2002 BOILING SPRINGS, PA 17007 SANDY MCCORKEL, DAUGHTER by handing to a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this j.~{ day of othonotary ' So Answers: R. Thomas Kline 12/26/2002 JAMES BOGAR SHERIFF'S RETURN - REGULAR CASE NO: 2002-05930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONROE TWP MUNICIPAL AUTHORITY VS SWOPE RICHARD L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon SWOPE JOYCE L the DEFENDANT at 675 VALLEY VIEW DR , at 2100:00 HOURS, on the 23rd day of December , 2002 BOILING SPRINGS, PA 17007 by handing to SANDY MCCORKEL, DAUGHTER a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~4 day of Prothonotar~,~z~ So Answers: R. Thomas Kline I2/26/2002 JAMES BOGAR By: · De~uty-~eriff MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant VS. RICHARD L. SWOPE and JOYCE L. : SWOPE, husband and wife, : Owners : : IN THE COURT OF COMMON PLEAS OF CUMBERL~ COIINTY, PENNSYLVANIA NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 NO. 02-5930 WRIT OF SCIRE FACIAS SURMIINICIPAL CLAIM DOCKET 2002 MUNICIPAL LIEN p TITION TO REDUCE MUNICIPAL LIEN TO JUDGMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner, Monroe Township Municipal Authority, by and through its Solicitors, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. On April 16, 1997, Monroe Township filed a Municipal Lien for Township services and sewer rates against Richard L. Swope and Joyce L. Swope, husband and wife (hereinafter ~Owners"), for sewer collection and treatment services rendered with respect to property owned by Owners, same being known and numbered as 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, said Municipal Lien being in the amount of $7,079.31 plus interest in the amount of ten (10%) percent, along with penalties and all costs, including attorney fees. Said Municipal Lien is docketed at Docket No. 97- 1970, Docket 1997. 2. On December 10, 2002, the Monroe Township Municipal Authority (hereinafter ~Authority") filed a Voluntary Substitution of Monroe Township Municipal Authority as a Party Claimant, all to substitute the Monroe Township Municipal Authority for Monroe Township with respect to the lien matter at Docket No. 97-1970, Docket 1997. 3. On December 13, 2002, the Authority filed a Writ of Scire Facias Sur Municipal Claim said Writ ibeing duly and properly served upon Owners on December 23, 2002. 4. On January 6, 2003, Owners filed .an Affidavit of Defense with respect to and as a result of the Writ of Scire Facias Sur Municipal Claim filed by Authority. 5. On January 22, 2003, Authority filed a Response to Owners' Affidavit of Defense. 6. In order for the Authority to proceed to execution with respect to the above-referenced Municipal Lien, said Municipal Lien must be reduced to Judgment, said Judqment being properly ordered by this Honorable Court, all after a hearing before the Court. WHEREFORE, the Monroe Township Municipal Authority, the Claimant herein, respectfully requests that this Honorable Court schedule a hearing in this matter for the purpose of determining the appropriateness of the Municipal Lien filed and, further, to enter Judqment against Richard L. Swope and Joyce L. Swope, husband and wife, Owners, in the amount of $7,079.31, together with interest from April 1, 1997 in the amount of ten (10%) percent, along with penalties and costs, including attorneys fees, for services and sewer rates against all that certain lot of ground, including any improvements located thereon, same being known and numbered as 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania. Respectfully submitted, Ja~es D~. B~o'~r, Esquire Attorney I.D. No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 JenSOn- fer~/B~ Hipp, EsqUire Attorney I.~. No. 86556 One West Maz~n Street Shiremanstown, PA 17011 (717) 73:7-8761 January 22, 2003 Solicitors for Monroe Township Municipal Authority CERTIFICATE OF SERVICE We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, certify that we are this day serving the foregoing Petition to Reduce Municipal Lien to Judgment and attached Order of Court upon the following named individuals by depositing same in the United State Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Richard L. Swope Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 William H. Andring, Esquire Attorney for Richard L. Swope and Joyce L. Swope 234 North Street Harrisburg, PA 17101 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jen~h/~e~ ~. Hipp,' ~quire Attorney I.~. No. 86556 One West iMaXn Street Shiremanstown, PA 17011 (717) 737-8761 January 22, 2003 Solicitors for Monroe Township Municipal Authority MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant VS. RICHARD L. SWOPE and JOYCE L. : SWOPE, husband and wife, : Owners : : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 97-1970 MUNICIPAL LIEN : DOCKET 1997 : No. 02-5930 WRIT OF SCIRE FACIAS SURMUNICIPAL CLAIM DOCKET 2002 MUNICIPAL LIEN RESPONSE TO AFFIDAVIT OF DEFENS~ AND NOW, comes Claimant, the Monroe Township Municipal Authority, by and through its Solicitors, James D. Bogar, Esquire and Jennifer B. Hipp, Esquire, and files this Response to the Affidavit of Defense of Richard L. Swope and Joyce L. Swope. 1. Richard L. Swope and Joyce L. Swope, husband and wife (hereinafter ~Owners"), are adult individuals who own and reside at property located at 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, which property is the subject of the Municipal Lien at issue in this matter. 2. On or about December 29, 1995, Monroe Township sent correspondence to the Owners stating that they were in payment arrears and owed Monroe Township $6,625.92 for sewage collection and treatment services which had been provided to the Owners' View Drive. Those services were provided by the White Rock Sewage Corporation. Monroe Township and the White Rock Sewage Corporation entered into a written agreement dated April 27, 1978 whereby the Township provided sewage treatment services to the White Rock Sewage Corporation. A copy of that Agreement is attached hereto, marked Exhibit ~F# and incorporated herein. Pursuant to that agreement, the White Rock Sewage Corporation was to pay the Township a certain sum for sewage treatment services. The White Rock Sewage Corporation filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on October 3, 1994. Monroe Township filed a claim in the bankruptcy proceedings as a creditor against the White Rock Sewage Corporation for unpaid sewage treatment services that Monroe Township provided to the White Rock Sewage Corporation. Se~ Exhibit ~F" To negotiate the terms of the bankruptcy proceeding and to resolve the various dispUtes among Monroe Township and White Rock Sewage Corporation, the parties entered into a Stipulation and Consent Order by which the White Rock Sewage Corporation filed an Application with the Public Utility Commission to abandon its existing utility service in favor of the Township. The Public Utility Commission accepted that Application and, thereafter, Monroe Township provided both -5- WHEREFORE, Claimant, the Monroe Township Municipal Authority, requests that this Honorable Court reduce the Municipal Lien at Docket No. 97-1970 to a Judgment, to be enforced against the property owned by Richard L. Swope and Joyce L. Swope, husband and wife, the said property being known and numbered as 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania. Respectfully submitted, One West Main Street Shiremanstown, PA 17011 (717) 737-8761 January 22, 2003 Je~fe~\~. Hipp, E~uire Attorney ~.D. No. 86556 One West~in Street Shiremanstown, PA 17011 (717) 737-8761 Solicitors for Monroe Township Municipal Authority -10- CERTIFICATE OF SERVICE We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, hereby certify that we are this day serving the foregoing Response to Affidavit of Defense upon the persons and in the manner indicated below: Service by first-class mail addressed as follows: Richard L. Swope and Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 William H. Andring, Esquire 234 North Street Harrisburg, PA 17101 January 22, 2003 Monroe Townsh.ip Municipal Authority Ja~.e's D. Bo~, Esquire J~ife~ ~. Hipp, EsqUire Solicitors fo~ Monroe Township Municipal Authority- -11- VIOI IROE TO PiS IIIF 4220 Boiling Springs Road, Mechant~sburg, PA Pt~one: (7'~7] 258-6642 (7t7] 697-4643 47055 December 29, 1995 Richard L. &' Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 STATEMENT DATE OF BiLL 1/1/77 4/31/77 7/31/77 1!/1/77 2/1/78 5/1/78 8/1/78 11/1/78 2/1/79 4/27/79 7/31/79 10/31/79 1/31/80 4/30/80 7/'31/80 10/31/80 12/31/80 3/31/81 6/30/8! 9/30/81 12/30/8! 3/31/82 6/30/82 9/30/82 12/31/82 3/31/83 6/30/83 9/30/83 12/31/83 3/31/84 6/30/84 9/30/84 DEFICIT 47.50 47.50 47.50 47.50 47.50 47.50 47.50 47.50 47.50 47,50 47 50 47 50 47 50 47 50 47 50 47 50 31 66 47 50 4750 47 50 47 50 47.50 49.84 65,00 65.00 65.00 65.00 65.00 65.00 65. O0 72.92 85,00 -1- 12/31/84 3/31/85 6/30/85 9/30/85 12/31/85 3/31/86 6/30/86 9/30/86 12/31/86 3/31/87 6/30/87 9/30/87 12/31/87 3/31/88 6/30/88 9/30/88 12/31/88 3/31/89 6/30/89 9/30/89 12/31/89 3/31/90 6/30/90 9/30/90 12/31/90 3/31/91 6/30/91 9/30/91 12/31/91 3/31/92 6/30/92 9/30/92 12/31/92 3/31/93 6/30/93 9/30/93 12/31/93 3/31/94 6/30/94 9/30/94 12/31/94 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85 O0 85 00 85 oa 85 O0 85 00 85 00 85 00 85 O0 85 O0 85 O0 85 00 148.00 148.00 148 O0 148 00 148 OO 148 00 148 00 148 00 148 OO 148 00 148 OO 148 O0 148 00 148 00 148 O0 148 O0 148 O0 148 O0 148 O0 !48.00 !48.00 !4~,00 148.00 TOTAL DUE $6,625.92 -2- MONROE TOWNSHIP, : Claimant : VS. : IN THE COURT OF COMMON PLEAS OF CIIMBERLA~D COUNTY, PENNSYLVANIA DOCKET 1997 RICHARD L. SWOPE and JOYCE L. : SWOPE, Husband and Wife, : Owners : MUNICIPAL LIEN MIYNICIPAL LIEN FOR TO,SHIP SERVICES g2q'D NOW, comes Monroe Township, of 1220 Boiling Spr~.ng,~,,~.,~.Ro~, Mechanicsburg, Pennsylvania, by and through its Solicitors, James D. Bcgar, Esqfuire and Andrew C. Shee!y, 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, Pennsy!- vania their last known mailing address being: 675 Valley View Bci!ing S~rincs~ r~nsf~a~__ 17 . Richard L. Swope and Jcyce L. SwcDe, husband and wife, are the owners cf all that certain lot of ground, including any improvements located thereon, being more fully described as fc!icws: ALL TF3.T CERTAIN let cf ground situate in Monroe Township, Cup, er!and County, Pennsylvania, and being Lot No. 67 cn the Plan cf Lc~s Section A, B, and C cf White Rock Acres recorded in the Cumber!and County Recorder cf Deeds Office cn November !0, 1970, in Plan Bock 22, Page 15, and more fully described as follows: BEGINNING at a point cn the southern line of Asmer Drive (50 feet wide) at the line dividing Lots Nos. 60 and 67 as shcwn cn said Plan; thence by the western line cf Lot No. 60 Scuih 40 degrees 00 minutes Eas~ one hundred seventy-one and zero one- hundredths (171.00) feet to a point; thence by the northern line cf Lot No. 68 as sho,~ cn 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 (~0 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 BEGI~XFNING. ~ HAVING ERECTED THEREON a dwelling being ~nown and numbered as 675 Valley View Drive, Boiling Springs, Pennsy!van~a. BEING the same premises which Penn Products Comp. oration by Deed dated December 31, 1970, and recorded January 7, 1971 in the Cumberland County Recorder of Deeds Office in Deed Bock "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 h=~=~v f~es this Municioa! Claim for se~¢ices and sewer rates levied and assessed from ~' ~ _, Oc~se_ 1 1977 through and including March 31, 1997 (fourth calendar quarter 1977 through and inc!udinc first calendar Said Tcwnshio se~¢ices and sewer rates were levied and assessed pursuant to Township Ordinance Nc. 3 cf 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 tc Richard L. Swcpe and Jcyce L. Swcpe for sewerage treated from October 1, 1977 through and including Hatch 3!, 1997 (fourth calendar quarter 1977 through and including first calendar qluarter 1997) '~ ~ , w~_c.~ services total is in the amount cf $7,07a~.3~_, '-~ch.~. sum was du~y_ assessed against Richard L. S~.vcme and J~vc= T Swore, husband and wi~= and the real property described herein from the date cf 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 16, 1923, P.L. 207, §7, as amended, 53 P.S. §7101, et seq, as amended (Municipal Claims and Tax Liens). Date: April 16, 1997 Monroe Township Andrew C. Shee!y, Esquir~-~ So]!c!tcrs for Monroe ....... ~_~ ('/I/I ti!'i 7 ~Ni-:RfFF'.'-3 RETtJRN - RgGIJI~AR J.OD_y SMr'FI{ .. _, Sheriff or Deputy Sheriff of C:U~,BE:RI. AND County, Pennsylvania, who being duly sworn according to law, says, the within MUNICIPAl. I.[I{N was served upon ~WIDPE R r.,._-.H~.EU. L AND SwuFE JOYCE L the .... ," O0 defendant, at 1._~.~,: HOURS, on the 22nd day of April l'-J'~7 at .C.U[!B '~r ,'. , __ E,:-A~"~r' Cf3, 5I{ERiF'F' S DE?F, ONE CI31jR'FHOIJSE ',~UUARE '"' PA CARLIo~E,, !7~i:.j ·CUMBERLAND County, Pennsylvania, by handin~ to JACKiE DRAWBAUGH, SEC. FOR D~:FT'u ATTY. ,r,, . .... ,A~"KL DEAR~ENT) a true and ~t'r. ested copy of the MUNICIPAL LIEN and at the s~e tim,_-- directing Her_attention to the contents thereof. Additional Comments: [;EFT'S ATTORNEY A,U. CEP/ED SERVICE ~OE DEFENDANTS. AN ACCEPTANCE OF SERVICE FORM iS ATTACHED, ~;hcriff's Costs: Docketia9 f]ervice Affidavit ~;urch~rge 4.34 2.00 k. 'i'homas K±ine, 5herizz ~iP4.34 ~IONt{OE TOWNSHIP by [-'~gp u t y Sherif~ .~worn"and subscribed to before me i'.:', ~ '7 A. b, ,l"roL,~,orio'%ary ' ' ACCEPtAnCE OF SErViCE I accept service of the MUNICIPAL LIEN FOR TOWNSHIP SERVICES AND SEWER RATES. (on behalf of JOYCE L. SWOPE and cer~i~ t? ~ I am authorized to do so.)~. /.. ACCEPTANCE, OF SEKVICE I accept service of the MUNICIPAL LIEN FOR TOWNSHIP SERVICES AND SEWER RATES (on behalf of RICHARD L. SWOPE and certify~ th t I am authorized ~o do so.))~_~~~~~~~/~ ~~~. · ' Mail%inE' Address '- ' - UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA White Rock Sewage Corporation, Penn Products Corporation, Joyce Swope, and Richard L. Swope, Plaintiffs V. Monroe Township; Monroe Township Municipal Authority; James D. Bogar in his official capacity as solicitor of Monroe Township and solicitor of the Monroe Township Municipal Authority and in his individual capacity; Richard Long in his official capacity as manager of Monroe Township and in his individual capacity; Joanne Hollister in her official capacity as secretary of Monroe Township Municipal Authority, an employee of Monroe Township Municipal Authority, assistant secretary of Monroe Township, and an employee of Monroe Township and in her individual capacity; Marjofie Metzger in her official capacity as secretary/ treasurer of Monroe Township and in her individual capacity.; Sheldon Brymesser, in his individual capacity; Richard Moore in his individual capacity; William A. Castle, III, Kevin R. Miller, and Samuel Simmons, in theh: official capacities as members of the Monroe Township Board of Supervisors, and in their individual capacities; and Bruce Barclay, Robert Reynolds, Ernest Garvin, David Love, and Macyle Can&la in their official capacities as members of the NIonroe Township Municipal Authority and in their individual capacities; Defendants (SEE COMPLT.) CIVIL ACTION NO. 0098 Per ~__.~_L~--_ _ ~.f' ~D~3uty Clerk You are hereby summoned and required to serve upon William H. Andring, plaintiffs' attorney, whose address is 234 North Street, Harrisburg, PA 17101, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive oft.he day of service.. If you fail to do so, judgment by default will be taken against you for the relief demm~ded in the complaint. Clerk of Cou~ Dated: Januav/18,2000 ~.O.TI. CE OF JIfDICIAL ASSIGNi~IENT This ~ase has been assigned to the Judicial Officer indicated.below. Counsel and ali pazties are advised that there is an Office of the Clerk in the Federal Cour~omses in Scranton, Hazrbbm'g Williazn~ort, Pennsylvania. Please file all pleadings directly, with the Clerk's Office in which the Judicial Officer is stationed. Do not file any courtesy copies with ~.e court. In accordance with the local rules, coumet will file the origiual and two copies of all pleadings, motions, memoranda mud other documents except discovery material, with the Clerk's Office. Counsel should file any additional copies with the Clerk's Office as may be required by the Local Pules, an Order of Court, or as required by the assigned Judicial Of Ecer listed below. JUDICIAL ASSIGNMENT CLERK'S OFFICE ADDRESS __ Judge __ Judge Judge Judge Thomas I. Vanaskie A. Richard Caputo James M. Munley W'iI!iam I. Neaion William J. Ne:alon Federal Buildiug & U.S. Counkouse 235 N. Was~.'~gton Avenue P.O. Box 1 I4:3 Scranton, Pe~asylvania 18501 (717) 207-56(}0 Judge Richard P. Conaboy Judge Edwin M. Kos'.'k __ Judge Sylvia H. Ramfco Judge Yveze Kane __ Judge William W. Caldwel! U.S. Disuicr Courukcuse 228 Walnut S~'eet P.O. Box 983 Ha~.sbur~, P,~-nnsylvania 17108 (717) 22!-3920 Judge James F. McClure Judge Malcolm M,~r U.S. Dis~ct Cour',~house 240 W. T~d Street P.O. Box 508 Williarnspom Pemusylvania I770 l (717) NOTE: T'~s case has be, eh referred to the U.S. Maestrate Judge ncted below. Please file all documents at the location Lndicated. Ma~'s~ate Judge J. Andrew Smyser Harrisburg At'dress __ Ma~su'ate Judge Ra,.rmond J. Durkin Scranton Addzess __ Ma~.su'ate Judge inomas M. Blewirt Scranton Addzess UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA COMPLAINT CIVIL ACTION NO. White Rock Sewage Corporation, Perm Products Corporation, Joyce Swope, and Richard L. Swope, Plaintiffs Vo Monroe Township; Monroe Township Municipal Authority; James D. Bogar in his official capacity as solicitor of Monroe Township and solicitor of the Monroe Township Municipal Authority and in his individual capacity; Richard Long in his official capacity as manager of Monroe Township and in his individual capacity; Joanne Hollister in her official capacity as secretary of Monroe Township Municipal Authority, an employee of Monroe Township Municipal Authority, assistant secretary of Monroe Township, and an employee of Monroe Township and in her individual capacity.; Marjorie Metzger in her official capacity as secretary/ treasurer of Monroe Township and in her individual capacity; Sheldon Brymesser, in his individual capacity; Richard Moore in his individual capacity; William A. Castle, Fl/, Kevin R. Miller, and Samuel Simmons, in their official capacities as members of the Monroe Township Board of Supervisors, and in their individual capacities; and Bruce Barclay, Robert Reynolds, Ernest Garvin, David Love, and Macyle Candela in their official capacities as members of the Monroe Township Municipal Authority and in their individual capacities; Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW come Plaintiffs Penn Products Corporation, White Rock Sewage Corporation, Joyce Swope, and Richard L. Swope, by and throu~ their attorney, William H. Andring, Esq., and allege as follows: 1. This Complaint arises under Article I, Section 10; Amendment V; and Amendment XIV of the Constitution of the United States, 42 U.S.C. §§1983 and 1985, and 11 U.S.C. §§105, 106, and 525. 2. This Court has jurisdiction of this matter pursuant to :28 U.S.C. §§1331, 1334 and 1343. 3. Venue of this matter lies w/th this Court pursuant to 28 U.S.C. § 1391Co). 4. Plaintiff White Rock Sewage Corporation is a corporation formed under the laws of the Commonwealth of Pennsylvanim with its corporate offices located at 1369 Swope Drive, Boiling Springs, Pennsylvania. 5. Plaintiff Penn Products Corporation is a corporation formed under the laws of the Commonwealth of Pennsylvania, with its corporate offices located at 1369 Swope Drive, Boiling Springs, Pennsylvania. 6. Plaintiff Joyce Swol:e resides at 675 Valley View Drive, Boiling Springs, Pennsylvania. 7. Plaintiff Richard L. Swope resides at 675 Valley View Drive, Boiling Springs, Pennsylvania. 8. Plaintiffs Richard Swope and Joyce Swope are owners of the property located at 675 Valley View Drive, as tenants by the entireties. 9. Defendant Monroe Township is a political subdivision of the Commonwealth of Pennsylvania, with its municipal offices located at 1220 Boiling: Springs Road, Mechanicsburg, Pennsylvania. 10. Defendant Monroe Township Municipal Authority is a municipal authority created by Defendant Monroe Township on December 1, 1993, pursuanI to the provisions of the Pennsylvania Municipality Authorities Act of 1945, with its offices located at 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania. 11. Defendant Sheldon Brymesser resides at 1463 Leidigh Drive, Boiling Springs, Pennsylvania. 12. Defendant Richard Moore resides at 1239 Lindy Terrace, Boiling Springs, Pennsylvania. 13. Defendant A. William Castle, m, resides at 1291 Leidigh Drive, Mechanicsburg, Pennsylvania. 14. Defendant Kevin R. Miller resides at 20 Clouser Road Spur, Mechanicsburg, Pennsylvania. 15. Defendant Samuel Simmons, III, resides at 72 Sou£h Locust Point Road, Mechanicsburg, Pennsylvania. 16. Defendant Brace Barclay resides at 253 Brindle Road, Mechardcsburg, Pennsylvania. 17. Defendant Robert Reynolds resides at 827 West Fa;[rfield Street, Mechanicsburg, Pennsylvania. 18. Defendant Ernest Garvin resides at 1348 Kiner Boulevard, Carlisle, Pennsylvania. 19. Defendant David Love resides at 1375 Williams Grove Road, Mechanicsburg, 29. At all times relevant to this Complaint, Defendant Bogar has served as the solicitor of Monroe Township, and as such is vested by state law with authority for the legal affairs of Monroe Township. 30. At all times relevant to this Complaint, Defendant Bogar has. served as the solicitor of Monroe Township Municipal Authority, and as such is vested by state law with authority for the legal affairs of Monroe Township Municipal Authority. 31. At times relevant to this Complaint, Defendant Long has served as the manager of Monroe Township, and as such is vested by state law with authority for the administrative affairs of Monroe Township. 32. At times relevant to this Complaint, Defendant Hol]ister has served as the secretary of Monroe Township Municipal Authority, an employee of Monroe Township Municipal Authority, assistant secretary of Monroe Township, and an employee of Monroe Township, and as such has exercised authority for the administrative affairs of Monroe Township Municipal Authority. and Monroe Township. 33. At times relevant to this Complaint, Defendant Metzger has served as the secretary/treasurer of Monroe Township. 34. At all times relevant to this Complaint, Penn Products Corporation was the owner and developer of certain lands in Monroe Township, totaling approximately 1,300 acres, and known as White Rock Acres. 35. Pursuant to the Land Development Plan for White Rock Acres, as approved by Monroe Township, a portion of the lands .known as White Rock Acres has been developed as a single family residential development containing approximately 800 acres and approximately 329 residential lots. 36. At the present time, Penn Products Corporation owns approximately 42 approved, residential lots in the portion of White Rock Acres refen'ed to in the previous paragraph hereof, with a market value of approximately $2,500,000.00. The other lots in tiffs area of White Rock Acres have been sold by Penn Products Corporation to other persons for the construction of single family homes. 37. The lands owned by Penn Products Corporation and known as White Rock Acres also contain additional, undeveloped lands totaling approximately 400 acres. 38. Pursuant to the current Zoning Ordinance of Monroe Township, adopted September 17, 1998, the lands constituting White Rock Acres are located itl an area zoned by Monroe Township as a Conservation Zone. The construction of single fiamily dwellings is a permitted use in the Conservation Zone. Prior to the adoption of the current Zoning Ordinance, the lands constituting White Rock Acres were zoned for residential development. 39. From the beginning of the development of White Rock Acres until the adoption of the present Zoning Ordinance, the lands constituting White Rock Acres were located in an, area zoned by Monroe Township as Residential Limited. The construction of single family dwellings was a permitted use in the Residential Limited Zone. 40. The Conservation Zone places considerably greater restrictions on the types and density of residential development permitted in White Rock Acres than did the Residential Limited Zone. 41. At all times relevant to this Complaint, it has been the intent of Penn Products Corporation to develop the lands referred to in the previous par;~graphs hereof as a residential treatment plant, including interest on indebtedness incurred for the construction of the sewage treatment plant, and a proportionate share of all operation, maintenance and repair costs for the sewage treatment plant. 46. In August, 1978, White Rock Sewage Corporation was directed by the Department of Environmental Protection and the Public Utility Commission to discontinue the operation of its sewage treatment plant, and to enter into an agreement with Monroe Township, pursuant to which Monroe Township would treat the sewage collected by the White Rock Sewage Corporation. 47. As directed, White Rock Sewage Corporation entered into a contract with Monroe Township, pursuant to which White Rock Sewage Corporation would connect its sewage collection system to a sewage collection system operated by Monroe Township, and Monroe Township would utilize the 'sewage treatment capacity which it had purchased from South Middleton Township to treat the sewage collected by the White: Rock Sewage Corporation. 48. On March 14, 1979, the Public Utility Commission issued Certificate of Public Convenience No. A. 100906 to White Rock Sewage Corporation, authorizing the sewage contract with Monroe Township, expanding the service area of White Rock Sewage Corporation into the entire area comprising White Rock Acres, and providing for a total of 850 residential customers to be served by White Rock Sewage Corporation in the service area. 49. The agreement which White Rock Sewage Corporation was required to enter into with Monroe Township did not contain any indication of the amount which was to be charged by Monroe Township for sewage treatment. 50. As a municipality, Monroe Township was not subject to the jurisdiction of the Pennsylvania Public Utility Commission in matters relating to the agreement between Monroe Township and White Rock Sewage Corporation. Monroe Towr~ship established the fees charged to White Rock Sewage Corporation by ordinance, and solely at its discretion. In calculating these fees, Monroe Township incorporated the costs incurred by Monroe Township for the capital costs of the sewage treatment plant and for the operation, maintenance and repair of the plant. 51. Subsequent to the a~eement between Monroe Township and White Rock Sewage Corporation, the fees charged by White Rock Sewage Corporation to its customers remained subject to review and approval by the Pennsylvania Public Utility Commission. 52. Subsequent to the a~eement between Monroe Township and White Rock Sewage Corporation, the fees charged by White Rock Sewage Corporation to its customers, as approved by the Public Utility Commission, were never sufficient to meet the costs for sewage treatment being charged to White Rock Sewage Corporation by Monroe Township. As a result, White Rock Sewage Corporation initiated a Chapter 11 Bankruptcy proceeding in the United States Bankruptcy Court, Middle District of Pennsylvania, in 1994, at Docket No. 94-01709. 53. In the bankruptcy proceeding referred to in the previous paragraph hereof, White Rock Sewage Corporation requested the Court to set aside the/agreement between White Rock Sewage Corporation and Monroe Township. Monroe Township filed claims against White Rock Sewage Corporation for sewage treatment services provided to White Rock Sewage Corporation, which claims were in excess of $1,000,000.00. Penn Products Corporation filed claims and proof of outstanding liens against W~te Rock Sewage Corporation totaling approximately $700,000.00. At the time of the bankruptcy proceeding, the value of the White Rock sewage and entered as a Stipulated Order of the Bankruptcy Court. 57. Subsequent to the execution of the Agreement referred to in the previous paragraph hereof, Penn Products subordinated its liens and dropped it claims as required by the Agreement; White Rock Sewage Corporation transferred ownership of its property to Monroe Township, dropped various claims against Monroe Township, and withdrew the Bankruptcy Petition, as required by the Agreement; and Monroe Township dropped its claims and began providing sewage collection and treatment services in White Rock Acres, aw required by the Agreement. COUNT I By Plaintiffs Joyce Swope and Richard L. Swope against Defendant Monroe Township; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Metzger in her official and individual capacities, Defendants Bumesser and Moore in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, for violation of Plaintiffs' fights to substantive and procedural due process of law and equal protection of the laws pursuant to Amendment V and Amendment XIV of the Constitution of the United States, including the right to be flee of official oppression, the right to honest government se,wices, and the prohibition against discrimination under 11 U.S.C. §525, and pursuant to 42 U.S.C. §§1983 and 1985. 58. The previous paragraphs hereof are incorporated herein as though fully set forth. 59. On or about December 29, 1995, Plaintiffs Joyce Swope and Richard L. Swope received a letter from the Monroe Township Board of Supervisors, dated December 29, 1995, claiming that Plaintiff% owed to Monroe Township the amount c.f $6,625.92 for sewage collection and treatment services which had been provided to the property located at 675 Valley View Drive by White Rock Sewage Corporation during the period from January 1, 1977, through December 31, 1994. 60. No such amounts as claimed in the letter referred to in the previous paragraph hereof were due and owing to Mom'oe Township or White Rock Sewage Corporation by Plaintiffs Joyce Swope and Richard L. Swope. 61. On or about April 16, 1997, Defendant Bogas' filed or caused to be filed a municipal sewage lien on behalf of Monroe Township in the Office of the ProthonotarT, Cumberland County, Pennsylvania, docketed at No. 97-1970 Municipal Lien Docket, which lien remains in effect to the present. 62. The lien referred to in the previous paragraph hereo:[ was filed against the property owned by Plaintiffs Joyce Swope and Richard L. Swope, and located at 675 Valley View Drive. The lien indicates that it is "... 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 ...". 63. The entire arrearage as claimed in the municipal lie:a is in fact based upon the claim of Monroe Township as delineated in the letter dated December 29, 1995, with additional interest and other fees added. 64. Monroe Township never provided any sewage collection or treatment services of any nature to Plaintiffs Joyce Swope and Richard L. Swope or for tine property located at 675 Valley View Drive during the period from January 1, 1977 through D¢:cember 31, 1994. 65. There exists no legal basis or authority for the filing of municipal liens as referred to in the previous paragraph hereof, and said action was illegal and contrary to law. 66. Defendant Bogar intentionally and deliberately caused the filing of the municipal lien as part of a personal vendetta againm Plaintiffs Joyce Swope and Richard L. Swope and members of their family, because of their association with White Rock Sewage Corporation, and with the specific intent to injure and harm the Plaintiffs. 67. Defendants Brymesser, Moore, Long, Metzger, Castle, Miller, and Simmons have caused, authorized and acquiesced in the actions of Defendant Bogar in initiating, filing and maintaining the municipal sewage lien as a pan of a vendetta ag~finst Plaintiffs, as delineated herein, and conspired v~,ith him to bring about said actions. 68. As a result of the actions of Defendants, Plaintiffs Joyce Swope and Richard L. Swope have suffered personal embarrassment, mental and emotional stress and anguish, and injury to their physical health and well-being. WHEREFORE, Plaintiffs Joyce Swope and Richard L. Swope claim judgment against Defendant Monroe Township; Defendant Bogar in his official mad individual capacities; Defendant Long in his individual and official capacities; Defendants Brymesser and Moore in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, as follows: 1. For compensatory damages in an amount that this Court shall consider just, reasonable and fair; 2. For punitive damages against the aforesaid Defendams in their individual capacities in an amount this Court shall determine to be just, equitable and fair; 3. For a permanent injunction or other equitable or declaratory relief enjoining the Defendants from enforcing or otherwise acting upon the municipal liens, declaring the liens invalid, and-requiring the withdrawal of said liens; 4. For Attorney's fees and all other costs of this action; .and 5. For all other relief as this Court shall consider to be flair and equitable. COUNT By Plaintiff Penn Products Corporation against Defendant Monroe Township; Defendant Bogar in his official and individual capacities; Defendant Metzger in her official and individual capacities; Defendant Long in his official and individual capacities; Defendants Brymesser and Moore in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, for violation of Plaintiff' s fights to substantive and procedtural due process of law and equal protection of the laws pursuant to Amendment V and Amendment XIV of the Constitution of the United States, including the fights to engage in enterprise, to be fr~ of official oppression and to honest government services, pursuant to 42 U.S.C. §§1983 and 1985. 69. The previous paragraphs hereof are incorporated herein as though fully set forth. 70. On January 25, 1979, Penn Products Corporation entered into an Agreement with Monroe Township, pursuant to which Commonwealth National Bank (now Mellon Bank) would act as escrow agent and hold the amount of $81,601.00 in funds belonging to Penn Products Corporation, for the benefit of Monroe Township as a performance bond for the completion of certain roads in Section "L" of White Rock Acres. 71. The funds referred to in the previous paragraph hereof originated from a loan made to Penn Products Corporation by Commonwealth National Bank. 72. The Agreement provided that, as Penn Products Corporation completed roads in Section "L", Monroe Township would authorize Commonwealth National Bank to release to Penn Products Corporation funds from the escrow account as Penn Products Corporation expended funds to complete the roads. 73. As security for the loan referred to in the previous paragraph hereof, Commonwealth National Bank (now Mellon Bank) holds approximately 60% ¢.f the stock of Penn Products Corporation, and also has mortgages upon the lands owned by Penn Products Corporation. 74. The loan referred to previously herein has been repaid to Commonwealth National Bank by Penn Products. 75. At the present time, the remaining balance in the escrow account is approximately $6,600.00, with the other funds having been released to Penn Products Corporation by Monroe Township. 76. Despite the completion of additional roads in Section "L', Monroe Township has refused to release the remaining funds in the account. 77. Despite the offer of Penn Products Corporation and Commonwealth National Bank to pay over to Monroe Township the funds remaining in the account, Monroe Township refuses to release Commonwealth National Bank from liability, under the Escrow Agreement. 78. The actions of Monroe Township as referred to previously in this Count are illegal and contrary to law and the terms of the Escrow Agreement. 79. The actions of Monroe Township as referred to previously in this Count have occurred at the express direction of the named individual defendants, and have been undertaken for the express purpose of injuring Penn Products Corporation. 80. Because of the improper and illegal actions of the defendants, Commonwealth National Bank (now Mellon Bank) continues to hold the aforementioned stock of Penn Products Corporation, and the lien of the mortgage on the property of Penn Products Corporation remains in effect, thereby prohibiting Penn Products Corporation from developing White Rock Acres and engaging in related commercial transactions and enterprise. WHEREFORE, Plaintiff Penn Products Corporation claims judgment against Defendant lVionroe Township; Defendant Bogar in his official and individual capacities; Defendant Long in his individual and official capacities; Defendant Metzger in hex' official and individual capacities; Defendants Moore and Brymesser in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, as follows: 1. For compensatory damages in an amount that this Couxt shall consider just, reasonable and fair; 2. For punitive damages against the aforesaid Defendants in their individual capacities in an amount this Court shall determine to be just, equitable and fair; 3. For a permanent injunction or other equitable or declaratory relief requiring the Defendants to release the remaining funds in the Escrow Account, and to release Commonwealth National Bank (now Mellon Bank) from all obligation and liability thereunder. 4. For Attorney's fees and all other costs of this action; and 5. For all other relief as this Court shall consider to be fair and equitable. COUNT By Plaintiff Penn Products Corporation against Defendant Monroe Township; Defendant Bogar in his official and individual capacities; Defendant Metzger in her official and individual capacities; Defendant Long in his official and individual capacities; Defendants Brymesser and Moore in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, for violation of Plaintiffs ri~ts to substantive and procedural due process of law and equal protection of the laws pursuant to Amendment V and Amendment XIV of the Constitution of the United States, including the rights to engage in enterprise, to be free of official oppression and to honest government services, pursuant to 42 U.S.C. §§1983 and 1985. 81. The previous paragraphs hereof are incorporated herein as though fully set forth. 82. Pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Penn Products Corporation has deposited with Monroe Township the total amount of $7,866.06 as financial security to ensure the structural integriw of certain roads in White Rock Acres which have been dedicated to Monroe Township. 83. Pursuant to the provisions of the Municipalities Planning Code, funds such as those referred to in the previous paragraph hereof may be held by a mmficipality for a maximum period of 18 months, after which they must be returned to developer if the improvements are satisfactory. 84. All of the roads in White Rock Acres, referred to previously, for which financial security has been provided to Monroe Township, are satisfactory. Monroe Township has never notified Penn Products Corporation of any unsatisfactory aspects of these roads. 85. The 18 month period for the holding of the financial security for the roads has long since passed, but Monroe Township refuses to rem the financial security deposited with Monroe Township by Penn Products Corporation. 86. The actions of Monroe Township as referred to previously in this Count are illegal and contrary to law. 87. The actions of Monroe Township as referred to previously in this Count have occurred at the express direction of the named individual defendants, and have been undertaken for the express purpose of injuring Penn Products Corporation. 88. Because of the improper and illegal actions of the d,efendants delineated herein, Penn Products Corporation is prevented from developing White Rock Acres and engaging in related commercial transactions and enterprise. WHEREFORE, Plaintiff Penn Products Corporation claims judgment against Defendant Monroe Township; Defendant Bogar in his official and individ~aal capacities; Defendant Long in his individual and official capacities; Defendant Metzger in hex' official and individual capacities; Defendants Moore and Brymesser in their individual capacities; and Defendants Castle, Miller, and Simmons in their official and individual capacities, as follows: 1. For compensatory damages in an amount that this Court shall consider just, reasonable and fair; 2. For punitive damages against the aforesaid Defendants in their individual capacities in an amount this Court shall determine to be just, equitable and faJ[r; 3. For a permanent injunction or other equitable or decl,xatory relief requiring the Defendants to remm the financial security to Penn Products Corporation. 4. For Attorney's fees and all other costs of this action; and 5. For all other relief as this Court shall consider to be f~dr and equitable. COUNT IV By Plaintiffs Penn Products Corporation and White Rock Sewage Corporation against Defendant Monroe Township; Defendant Monroe Township Municipal Authority.; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Hollister in her official and individual capacities; and Defendants Castle, Miller, Si~anons, Barclay, Reynolds, Garvin, Love, and Candela in their official and individual capacities; for the taking of Plaintiffs' private property, without just compensation in violation of Amendment V and Amendment XIV of the Constitution of the urrited States and 42 U.S.C. §§1983 and 1985. 89. The previous para~aphs hereof are incorporated herein as though fully set forth. 90. At all times relevant to this Complaint, Monroe Tovmship has been subject to the provisions of the Pennsylvania Sewage Facilities Act, known as Act 537. Pursuant to the provisions of Act 537, Monroe Township has been required to develop and implement a plan to address and control water pollution resulting from human waste. The "Act 537 Plan" must be adopted by the Monroe Township Board of Supervisors and approved by the Pennsylvania Department of Environmental Protection (formerly the Department of Environmental Resources). 91. At all times relevant to this Complaint, the Act 537 Plan for Monroe Township, as adopted by the Board of Supervisors and approved by the Depmtrnent of Environmental Protection, has required Monroe Township to provide for a sewage collection and treatment system to serve the area of Monroe Township known as "Churchtown", due to water pollution caused by the lack of such facilities in the Churehtown area. 92. At all times relevant to this Complaint, Monroe Township has been in violation of the provisions of Act 537, in that it has failed and refused to develop and implement a sewage collection and treatment system for the Churchtown area, as required by the approved Act 537 Plan. 93. The failure and refusal of Monroe Township to comply with the approved Act 537 Plan has resulted in the imposition of penalties upon Monroe Township by the Department of Environmental Protecion, including the imposition of a ban on new construction in the Churchtown area, the threat of frees against Monroe Township, and other judicial and administrative action. 94. On or about February 17, 1999, Monroe Township amd the Monroe Township Municipal Authority, began the implementation of the Act 537 ['lan provisions for the construction of a sewage collection and treatment system to serve the Churchtown area,, in order to avoid any further imposition of penalties upon Monroe Township. 95. The plan implemented by Monroe Township and the Monroe Township Municipal Authority calls for the construction of a sewage collection syste, m in the Churchtown area, and the treatment of the sewage collected from the Churchtown area at the sewage treatment plant in South Middleton Township, pursuant to the agreement between Monroe Township and South Middleton Township. 96. The sewage treatment capacity contracted for by Monroe Township with the South Middleton Township Authority is not sufficient to provide treatment of the sewage which will be generated in the Churchtown area and the capacity required to fitlfill the obligations pursuant to the Agreement entered into in the Bankruptcy Proceeding by Monroe Township, Penn Products Corporation, and White Rock Sewage Corporation. Neither Monroe Township nor Monroe Township Municipal Authority has plans, intent, or capability to secure additional sewage treatment capacity to serve the Churchtown area and White Rock Acres. The facts are known to all of the defendants. 97. On or about February 17, 1999, Monroe Township transferred the ownership of the sewage collection system serving White Rock Acres to the Monroe Township Municipal Authority,. 98. On June 1, 1999, the Monroe Township Municipal Authority entered into a lease agreement with Monroe Township, pursuant to which the Authority leased the White Rock sewage collection system to Monroe Township for a lease payment of $4,000.00 per year. The Agreement provided that Monroe Township would use and operate the system, and further provided that nothing in the Agreement shall in any way negate or adversely affect any a~eement previously entered into by the Township, and presently existing, that requires Monroe Township to transport, treat and dispose of the sewage of any person. 99. Subsequent to the bankruptcy proceeding, Monroe Township and the Monroe Township Municipal Authority have continued to operate the White Rock Acres sewage collection system to the present time, and to treat the sewage so collected at the treatment plant in South Middleton Township. 100. Monroe Township and Monroe Township Municipal Authority are presently engaged in various construction, maintenance and repair activities involving the sewage collection system in White Rock Acres. 101. The activities referred to in the previous paragraph hereof have been designed, engineered and constructed so as to limit the sewage collection system in White Rock Acres to no more than 400 residential units. 102. The facts alleged in the two previous paragraphs hereof are known to all of the individually-named defendants. 103. It is the intent of Monroe Township, Monroe Township Municipal Authority and each of the other defendants to utilize the existing sewage treatment capacity reserved by Monroe Township in the South Middleton sewage treatment plant to provide sewage treatment services for the Churchtown area. 104. It is the intent of Monroe Township, Monroe Towr~ship Municipal Authority and each of the other defendants to fail and refuse to provide any sewage collection and treatment services in White Rock Acres beyond those presently being provided. 105. It is the intent of Monroe Township, Monroe Township Municipal Authority, and each of the other defendants to violate the terms and requirements of the A~eement in the Banknaptcy Proceeding. 106. On August 18, 1999, Monroe Township Municipal Authority Adopted Resolution 99-4, which required the payment by any owner of property located in Monroe Township of a tapping fee and a quarterly fee in order to guarantee or reserve capacity in a sewer system in Monroe Township. Pursuant to the Ordinance, the tapping fee in White Rock Acres is $3,000.00 per residential lot, and the quarterly fee is $129.25 per residential lot per quarter. The payment of said fees is non-refundable, and reserves capacity for a period o:~' five years. The fee is in addition to other tapping and service and other fees to be imposed by the Township. The Ordinance further provides that no capacity in the sewer shall be guaranteed or reserved for any person unless the Board of the Authority determines that sufficient capacity is or shall be available in the system. 107. Monroe Township Municipal Authority is without any statutory or other authority to impose the fees as mandated by Resolution 994, and said fees are therefore improper and illegal under applicable Pennsylvania Law. 108. Subsequent to the adoption of Resolution 9%4, the Monroe Township Municipal Authority sent a letter to Penn Products Corporation, informing Penn Products that, pursuant to the provisions of Ordinance 99-4, it "owed" the amount of $126,000.00 to the Authority for tapping fees for 42 undeveloped lots owned by Penn Products, and would also be liable for quarterly capacity fees for each lot. The letter further indicated that the Authority, would not guarantee sewage treatment capacity for these lots or any other :lots located in White Rock Acres, which were not currently connected to the sewage collection system, without the pa.vment of these fees at the present time. 109. In addition to the letter to Penn Products Corporation, similar letters were sent to several people who owned undeveloped lots in White Rock Acres. No such letters were sent to any property owner located in any area of Monroe Township other than White Rock Acres. 110. The facts alleged in the previous two para~aphs hereof were known to all of the individually named defendants, and were carried out at the express direction and under the authority of each of the said defendants. 111. Penn Products is without the financial resources to pay the tapping and service fees at the present time, as demanded in the letter from the Monroe Township Municipal Authority, referred to previously herein, and this fact is known to all defend~mts. 112. As White Rock Acres is located in an area which is designated by Monroe Township in its Act 537 Plan and pursuant to municipal ordinance as a district to be served by sewers, on-lot residential sewage disposal systems are not permitted by Township ordinance and state law, and this fact is known to each of the individually named defendants. 113. The lands upon which White Rock Acres is located are not generally suitable for on-lot residential sewage disposal, and this fact is known to each of the individually named defendants. 114. The lands upon which White Rock Acres is located have no viable commercial use other than residential development. 115. The effect of the adoption of Resolution 99-4 and the attempt to enforce its provisions against property, owned by Penn Products Corporation and located in White Rock acres is to render such prope,ny completely without value, and ~.is fact is know to each of the individually named defendants. 116. At all times relevant to this Complaint, Defendant !3ogar has intentionally, knowingly, and repeatedly misled the members of the Monroe Township Board of Supervisors, the members of the Monroe Township Municipal Authori~', and the citizens of Monroe Township as to the existence, nature, and requirements of the Ai~eement between the parties in the bankruptcy proceeding, and the obligation of Monroe Township to provide sewage collection and treatment services for White Rock Acres pursuant to that Ai~eement. 117. The attempt to enforce the provisions of Resolution 99-4 against property located in White Rock Acres is in violation and contravention of the provisions of the Agreement in the bankruptcy proceeding between White Rock Acres, Penn Products Corporation, and Monroe Township, and this fact is know to each of the individually named defendants. 118. Penn Products Corporation has entered into a contnact with Windsor MGT, L.L.C., pursuant to which Penn Products Corporation has agreed to sell :300 acres of property located in White Rock Acres to Windsor MGT, L.L.C.. The contract is contingent upon the buyer obtaining required approvals to develop the property as a residential development, with sewage collection and treatment services for the development to be provided by Monroe Township pursuant to the terms and conditions of the Agreement in the bmakruptcy proceeding. 119. The actions of the defendants as delineated herein iprevent the consummation of the land sale contract referred to in the previous paragm~ ph hereof. 120. The individually named defendants caused and directed the letters referred to previously herein to be sent to the owners of property, located in. White Rock Acres, and caused and directed the attempt to enforce the provisions of Resolution 99-4 against property located in White Rock Acres. 121. The individually named defendants conspired together to contravene the provisions of the A~eement in the Bankruptcy Proceeding and to render the property, owned by Penn Products Corporation and located within White Rock Acres completely without value, and undertook the actions as delineated in this Complaint in furtherance of said conspiracy. 122. By enza~,in~ in the actions as previously delineated in this Complaint, defendants have effectuated a taking of the property owned by Penn Products Corporation and located within White Rock Acres, in that the property has been left completely withom value. 123. By engaging in the actions as previously delineated in this Complaint, defendants have effectuated a taking of the sewage collection system and other property owned by White Rock Sewage Corporation, in that the defendants have failed and refused to provide compensation for the property as provided by law and the Agreement of the parties in the bankruptcy proceeding. 124. By engaging in the actions as previously delineated in this Complaint, defendants have effectuated a taking of the property interest of Penn Products Corporation in the sewage collection system owned by White Rock Sewage Corporation, in. that Penn Products Corporation subordinated its liens against said property to permit Monroe Township to obtain title to said property., and defendants have failed and refused to provide compensation for the property interest as provided by law and the A~eement of the parties in 1/he bankruptcy proceeding. WHEREFORE, Plaintiffs Penn Products Corporation and White Rock Sewage Corporation claim judgment against Defendant Monroe Township; Defendant Monroe Township Municipal Authority; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Hollister in her official and individual capacities; and Defendants Castle, Miller, Simmons, Barclay, Reynolds, Garvin, Love, and Candela in their official and individual capacities, as follows: For compensator' damages in an amount that this Court shall consider just, reasonable and fair; 2. For punitive damages against the aforesaid defendants in their individual capacities in an amount this Court shall determine to be just, equitable and fair; 3. For a permanent injunction or other equitable or declaratory relief requiring the defendants to provide sewage collection and treatment services for the property owned by Penn Products Corporation and located in White Rock Acres; 4. For Attorney's fees and all other costs of this action; and 5. For all other relief as this Court shall consider to be fair and equitable. COUNT V By Plaintiffs Penn Products Corporation and White Rock Sewage Corporation against Defendant Monroe Township; Defendant Monroe Township Municipal Authority.; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Hollister in her official and individual capacities; and Defendants Castle, Miller, Simmons, Barclay, Reynolds, Garvin, Love, and Candela in their official and individual capacities; for the impairment of contract obligations in violation of Axticle I, Section 10 and Amendment XIV of the Constitution of the United States, and 42 U.S.C. §1983. 125. The previous para~m'aphs hereof are incorporated herein as though fully set forth. 126. By engaging in the actions as previously delineated, in this Complaint, defendants have impaired the contract obligations due and owing to Penn Products Corporation from Monroe Township pursuant to the Agreement in the bankruptcy proceeding. 127. By en_oaeina in the actions as previously delineated in this Complaint, defendants have impaired the contract obligations due and owing to White Rock Sewage Corporation from Monroe Township pursuant to the Agreement in the bankruptcy proceeding. 128. By enaaeina in the actions as previously delineated in this Complaint, defendants have impaired the contract obligations due and owing to Penn Products Corporation from Windsor MGT, L.L.C., pursuant to the contract entered into by iPenn Products Corporation and Windsor MGT, L.L.C. WHEREFORE, Plaintiffs Penn Products Corporation and White Rock Sewage Corporation claim judgment against Defendant Monroe Townslfip; Defendant Monroe Township Municipal Authoritcj; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Hollister in her official and individual capacities; and Defendants Castle, Miller, Simmons, Barclay, Reynolds, Garvin, Love, and Candela in their official and individual capacities, as follows: 1. For compensatory damages in an amount that this Cram shall consider just, reasonable and fair; 2. For punitive damages against the aforesaid defendants in their individual capacities in an amount this Court shall determine to be just, equitable and fair; 3. For a permanent injunction or other equitable or declaratory relief requiting the defendants to provide sewage collection and treatment services for the property owned by Penn Products Corporation and located in White Rock Acres; 4. For Attorney's fees and all other costs of this action; and 5. For all other relief as this Court shall consider to be fifir and equitable. COUNT VI By Plaintiffs Penn Products Corporation and White Rock Sewage Corporation against Defendant Monroe Township; Defendant Monroe Township Municipal Authority.; Defendant Bogar in his official and individual capacities; Defendant Long in his official and individual capacities; Defendant Hollister in her official and individual capacities; and Defendants Castle, Miller, Sinunons, Barclay, Re,molds, Garvin, Love, and Candela in the/r official and individual capacities; for violation of Plaintiffs' rights to substantive and procedural due process of law and equal protection of the laws pursuant to Amendment V and Amendment XIV of the Constitution of the United States, including the fight to be flee of official oppression, the right to engage in enterprise, the right to honest government services, the prohibition against discrimination under 11 U.S.C. §525, the rights provided to Plaintiffs under 11 U.S.C. §105 and pursuant to 42 U.S.C. §§ 1983 and 1985. 129. The previous para~aphs hereof are incorporated herein as though fully set forth. 130. By engaging in the actions as previously delineated in this Complaint, defendants have engaged in a deliberate, arbitrary and unlawful attempt to deny Plaintiffs of their property and property, rights. 131. By engaging in the actions as previously delineated in this Complaint, defendants .II~Y TRIAL DEMANDED Dated: January 18, 2000 Respectful][y submitted ~qlLLLAM H. ANDRING Attorney for Plaintiffs 234 North Street Harrisburg, PA 17101 (717) 234.-4728 MONROE TOWNSHIP, Claimant vs. RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLANE COUNTY, PENNSYLVANIA NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 MI/NICIPAL LIEN VOLUNTARY SUBSTITUTION OF MON-ROE TOWNSHIP MUNICIPAL AUTHORITY AS A PARTY CLAIMANT !. The Monroe Township Municipal Authority (hereinafter the ~Authority") is the successor in interest cf Monroe Township, who is the claimant herein, and desires to substitute itself for Monroe Township as the claimant herein. 2. The material facts on which the Authority's right of succession and substitution are based are as follows: '~ a. On December 31, 2002, the Authority was created as an indeDendent operating authority. b. Thereafter, Monroe Township transferred any ~ munici~a! liens and any other pending litigation that shcu!d rightfully be handled by the Authority to the Authority. c. On April 16, 1997, Monroe Township filed a 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). The total amount of the services and sewer rates as of the date of the municipal lien filing was $7,079.31, ~ich 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 tke "Monroe Township Sewer Rental and Charge Ordinance," as amended. 3. The Monroe Township Municipal Aunhority hereby voluntarily subs5inutes itself as a claimant herein in the place and stead of Monroe Township. Monroe Township Municipal Authority BY:j~r~. Hi,p) Esquire December !0, 2002 Solicitors fob Zonroe Township Municipal Authorizy PROOF OF SERVICE We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, hereby certify that we are this day servinG' the foregoing Voluntary Substitution of Monroe Township ~nicipal Authority as a Party Claimant upon the persons and in the manner indicated below: Service by first-class mail addressed as follows: Richard L. Swope and Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 December 10, 2002 Monr~oeTowr..sb~p Municipal Authority Jam~s D. Bc~a.~ Escuire Hunicipal Authority -3- MONROE TOWNSHIP, Claimant vs. RICHARD L. SWOPE and JOYCE L. SWOPE, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~IA NO. 97-1970 MUNICIPAL LIEN DOCKET 1997 MUNICIPAL :LIEN ENTRY OF APPEARANCE To The Prothonotary: We enter our appearance for the Monroe Township Municipal Authority as a party claimant herein. Ja~--~'--m~U~. Bo~r~Esquire Attorney I.D~o. 19475 One West Main Street Shiremanstow~_., PA 17011 (717) 737-87~! December i0, 2002 Skiremanstown, PA 17:011 . (7!7) 737-8761 '" Solicitors for Monroe~ow~shi-p: Mun±cSDal Authority ~:: "'~ ':/"' 1978, ~ ~d be~een ~e ~SHIP 0F ~OE,.a Second Chss To~sh~p ~n ~e C~n~ o~ C~erland and Co~onweal~ the f~rst part, ~erelnafte~ called "T~sh~p", and ~ITE ROCX SEWAGE CO~O~ION, a Pe~sylva~a pubic u~ll~ corporation hav~n~ pr~ne~pa~ o~ee. ~n Monroe T~ns~p, C~erland Coun~ Pe~sylva~a, par~. of ~e Se~0nd part, hereinafter sailed "~te Rock". by the Co~on~ea~ o~ Pe~sylv~a to ~era~ system In No. os To~sh~p. C~erland C~nty, Pennsylvania, v~[n var~s li~ts as au~or~zed by ~e mission ~n an area beans developed by Fe~ Frodu~ts Corporation ~o~ as ~tte Rock .Acres"; and ~E~S, ~te Ro~k desires to con.act v~ To~s~ flor ~e ~ea~efit of sewage uOlleete~ by ~te Rook ~n a f~c~l~ located ~n Ho~oe To~sh~p; and ~ER~S, Township can provide su~ ~ea~ent face.ties; and ~E~S, it ~s necessary ~at a certain forue m~n be cons~ucted to co.eot ~ite Rock's co[lectton syst~ to To~sh~p's ~ea~= fac~l~ties, which foru~ main and ~ts appurtenances are to becks the property of Towns~p as part of Its m~ictpal sewerage system; and ~S, the parties have heretofore negotiated an a~reement and unde=standtnE as to ~etr varfous.rt~ts and respons~tl[ttes w~ch ~ey seek to doc~ent by ~ese presents; NOW. ~FO~, tn consideration of these presents and tnten~nE to be legally bound hereby, ~e ~arties ~ally agree as follows: 1. ~ite Rock sba[1 cons~ut a fores main from Its proposed P~PknE facil~ties to the To~ship's trea~ent fau[ltt[es at a location ~ be desi~ated by To.ship in accordance wt~ plans'and specifications approved by Township, s,aid plans and speeific~tidns b~ing incorporated -herein by reference .thereto, and ~e installer:ion and actual construe- tto~ of sai~ m~n.and it~ dp~urtenanees'ehall be do~e ~d~ ~e ~reet 2. ~tte Rock shall cause a survey off ..... : ' '' the'l~a~on of S~d fore main to be made .at its expense to show by appr?priate legal deserip~on acceptable to To~s~p ~e precise loca~og off said fore ~ ~en~ feet-wide pe~anenf easement- a~ ri~t-off-way.for said ' shall'b~ f'don~ ~der .~e-buper~si~ of .... t. ~tte Rock shall ~tld and cons~ct 'sat~ fore 'ma~ at'its sole cost ~d expense, said cons~ction to be c~leted for'~e sht~'s acceptance no later than ~e 'let day o~ ~e , 1978. ~. Upon co~letton of said fforce mtn, ~ite Rock shall o~ers~p of said .main and ~e ri~t-of-~ay and eas~ent to To~ns~p ..free and clear-off all ~ens and entrances, tn a fora. a~eptable to To.ship. It is understood ihat ~e main, its .appurtenances, ~e · ri~t-of-~ay 'and easemen~-~hal[ be and bec~e .the_ sole proger~ of Township ffroa and after ~e d~te off its transfer ~d de,cation. 5. ~te Rock shall pay to Towns~p as a .co.cotton fee for ~e. prtvilete of co~eettnt ,to To~nsht~'s facilities ~e s~ of $10,700.00, payable as iollo~s: ~e s~ off ~5,~00.~0 to be paid upon the execution and delivery of this A~eeme[it, ~e receipt of ~htch' is h~reby ac~owled2ed by T~nsht~; and-the bal~ce, to ~5,t00.00, ~o be, paid at ~e t~e that said fforc:e main ts accepted ' by Township. 6. ~tte Rock covenants and a~ees to be b~nd by the To~ship':s rates, mles and rt~lations no~ in effect or hereafter pr~l~ated. 7. ~tte R~k covenants ~d alrees to pe~it Township ~e perpema[ ~i~t' and prtvile~e to inspect its collection and -2- faciL~ties for the purposes of determining ~hite Rockts c~mpLtance ~sh~p' ~' ~les ~d re,la,ohs. · " .' '.j . . ..' :..~.. · ....,~ ~ . · .~ ~.. .. · . ... , S.' ~te RS~J~ovenants an~ ~ees to a'ss,~;. ~d mlfill obltt~ns and respons~b[li[le~ ~der.e 'c~ta~nse .a~e~ent be~een Fo~sh~p ~d c0nso~dat~d' ~l-.Corpo~at:Lon ~d ~anu~ S, ~978, a copy 'of which ~s a~ached hereto ~d rode a part hereof, 'r~oad off Conso~dated R~I Corporation; and ~ite Ro~k ~er 'a~ees. to ~de~fy ~d save.T~sMp ha~less from ~y and a~L% · . 9, ~te Rock covenants and a~ees to' MintOn said for~e ~, ~ts app~tenanees and ~e r~t-off-way ~d eas~ent for a period of one year fr~ ~e date .of ~sfer off sa~d'fa~t~es 'to. Towns~p as co~ena~ts and ~ees. ~o provide To~sh~p wf~ a ma~nt~nee bond ~n"' · ' ~e ~o~t of ~. 25,500.00 w~th sure~ acceptable ~o To~s~p... 10. ~te ~ock shall provide a~ ~ts sole cost .and e~pense a . ~e~age meter (~h~eh shall'Be approved By Towns~p) to meas~e ~e fflo~ ~rou~ ~e for~e ~[n, toge~er ~ su~ e~pment as shall Be · req~red to ~ans~ a'stf~al from s~id m~ter to ~e trea~en~ faoi~ wM~ shall ~n~eate;' totalfze ~d record ~ flows ~ro~ said fore main to the trea~ent' faui~. SaEd meter and ~e tele- m~tertn~ e~ipment shall become the proper~ of To~sht~ upon To~- shi~'s acceptance of the force main as provided above. 11[ ~ite Ro~k shall re~burse Towns~ for. its at'al costs and expend[~res which are related or.incidental to ~e effe=~atton of ~e ter~ of this a~eement.. Said costs shall ~nulude, but not be ~ted to,-le~al and en~ineerinE ~pe~d/~res for review of 'p~s ~d specifications, uons~u~on ~nspe?tton,, ere;' IN WI~ESS ~OF, ~e par~es have caused l~ese ~resents to be duly executed by their duly authortze~ of[leers ~he'day and.year first above ~rttten. ,..' .,,.. - -....~, .,:. '. , .:.... "' '~ ~ .",":,"": .'::i. ,"~ "' ( ~e. cre tarj~- Or Chhtrn~n, l~ald of. Supervisors UNITED STATES' BAN~R~TCY C. OURT FOR THE MIDDLE DISTRICT OF PEI~.~SYLVANIA * IN RE: WHITE ROCK SEWAGE CORPORATION, Debtor. 1-94-01709 STIPULATION AND CONSENT ORDER This Stipulation and Consent Order (the "Stipulation") is entered into this 14th day of September, 1995, by and among debtor White Rock Sewage Corporation, a Pennsylvania business corporation, Penn Products Corporation ("Penn Products"), a Pennsylvania business corporation, and Monroe Township (the "Township"), a political subdivision of the Commonwealth of Pennsylvania. BACKGROUND 1. White Rock filed a petition for relief under Chapter 11 of the Bankruptcy Code on October 3, 1994. 2. The Township and Penn Products filed claims in the bankruptcy proceedings as creditors against White Rock. The Township's claim against White Rock's estate is a secured claim arising from a judgment lien and certain municipal liens against ten (!0) acres of real property owned by White Rock and situated in Monroe Township, Cumberland County, Commonwealth of Pennsylvania (the "Property"), and a sewage collection facility sewage collection and transportation system owned by White Rock, including sewage lines, manholes, pumping s~tations, and rights- of-way (collectively the "System"). The Property and the System are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 3. The Township instituted legal action and asserted claims in state court proceedings and before the Bankruptcy Court against White Rock, Penn Products and certain officers and directors of White Rock and Penn Products for amounts allegedly due and owing to the Township for the treatment of sewage pursuant to a contract between the Township and White Rock dated April 27, 1978, and pursuant to Township ordinance. 4. The Township, White Rock and Penn Products have negotiated the terms of an agreement to resolve the various disputes between them, the preliminary terms and conditions of which are reflected in the transcript of proceedings before the Bankruptcy Court dated March 10, 1995. 5. The parties intend to be legally bound by the terms of the following Agreement. 1. White Rock has filed an application in the Public Utility Commission (the "PUC") to abandon its existing utility service to the Township. If said application is not complete or acceptable to the PUC, the Township will undertake to prepare any and all documents necessary to accomplish the abandonment in the PUC, and White Rock will use its best efforts to obtain approval of said application and carry out the transfer of property to the Township. 2. Upon execution of this Stipulation, White Rock shall execute deeds and/or such bills of sale, endorsements, assignments and other good and sufficient instruments of conveyance and transfer, in forms acceptable to the Township, transferring to the Township the System Bnd the Property, and all necessary releases of liens and Uniform Commercial Code termination statements, if required,' also in forms reasonably acceptable to the Township's counsel. Such deeds and documents shall be held in escrow by the attorney for White Rock and shall be delivered to the attorney for the Township immediately upon the approval by the PUC of the application referenced in paragraph 1, above. 3. White Rock represents and warrants that it owns 3 outright, and has good and marketable title to, the System and the Property, free and clear of liens, pledges, mortgages, security interests, conditional sales contracts or other encumbrances or conflicting claims of any nature. 4. Subsequent to the transfer of title to the System, the Township shall provide sewage collection and treatment services in accordance with the provisions of the existing Certificate of Authority of White Rock Sewage Corporation, Certificate A.97840 and A.100906, within the existing service area of White Rock Sewage Corporation. 5. During the period of time after the execution of this Stipulation but prior to approval by the PUC of the abandonment by White Rock of its operating authority (the "Transition Period"), ~he Township shall be responsible fortthe operation and maintenance of the System, including the payment for any necessary repair services, electric bills or other essential services. 6. During the Transition Period, the Township shall be responsible for billing the customers serviced by the System and for collecting all moneys due and owing for such services. All monies received from rate payers as collected by the Township during the Transition Period shall be subject to distribution in 4 accordance with the terms and conditions of this Stipulation, as' directed by the Bankruptcy Court, until such time as the terms of the Stipulation are fully effectuated. 7. White Rock shall transfer cash on hand pursuant to the direction of the Bankruptcy Court, herein specified, to the Township. 8. Upon the execution of this Stipulation, White Rock shall execute a document or documents, in a form acceptable to the Township, transferring all accounts recaivable of White Rock to the Township. Such document or documents shall be held in escrow by tke attorney for White Rock, and shall be delivered to the attorney for the Township immediately upon the approval by the PUC of the abandonment of authority by 'White Rock. 9. Upon the, full and complete transfer of the Property and the System, the Township shall assume and agree to pay or discharge cn!y the following liabilities and obligations arising during the Transition Period, and no others: a. The Township will be obligated, after the full and complete distribution of White Rock's funds to the payment of post-petition operational expenses, to pay for any repair services, electric bills or other essential operational services in the ordinary course of the operation of the sewage collection 5 f~cility, arising during the Transition Period, and only to the extent that said liabilities exceed the amounts held by White Rock as estate funds after distribution. b. Those certain trade accounts payable assumed pursuant to the terms and conditions set forth herein, shall be set forth on Exhibit "B" attached hereto and incorporated herein on the Transition Date and any account payable not set forth on said Exhibit "B" shall not be assumed by the Township. 10. The liabilities and obligations which are assumed in paragraph 9, above, are referred to as the "Assumed Liabilities." All liaDi!ities and obligations of White Rock, whether known or unknown, direct or contingent, in litigation or threatened or not yet asserted but attributa~!e to the operation of White Rock, prepetition or postpetition, other than Assumed Liabilities, orl attributable to any acts cr omissions of White Rock, its officers cr d_r~cto~s,~ = ~ or any of them, arising prepetition or postpetition, are and shall remain the responsibility of White Rock. Without limitinq the generality of the foregoing, specifically excluded from the Assumed liabilities are any liabilities of White Rock with respect to any federal, state, local or foreign income, sales tax or other tax imposed upon White Rock, prepetition or pcstpetition, any income tax ~ithholding for employees or FICA o~ medicare insurance taxes payable for or with respect to employees, ally accrued vacation or sick leave to which employees of White Rock are entitled, and any obligations of White Rock arising out of any litigation or claims whether now existing or arising hereafter, for all of which White Rock shall remain responsible. In no event shall the Township assume or incur any liability or obligation with respect to any income or other tax payable by White Rock, incident to or arising as a consequence of the consummation by White Rock of this Stipulation or any cost cr expense incurred by White Rock incident to or arising as a consequence of such consummation. 11. White Rock and the Township mutually remise, release, quitclaim and forever discharge each other of and from al! manner of action(s), cause(s) of action(s), suit(s), controversies, debts, dues, duties, sum(s) of money, accc~nts, bills, covenants, contracts, agreements, liabilities, damages, judgments, executions, claims and demands, whatsoever in law cr ecfuity, including but not limited to liabilities or judgments, in connection with obligations of White Rock arising from that certain agreement for sewage treatment services dated April 27, 1978, which against each other they ever had, now have, or may hereafter have; but excluding from release and discharge any 13. The Township hereby ~gree~s to discontinue any action for the appointment of a Chapter 11 trustee or a conversion to a Chapter 7 proceeding, filed in White Rock's bankruptcy proceeding, and, hereby settles, releases and discharges White Rock, Penn Products and any person affiliated with White Rock or Penn Products from any fraudulent conveyance or preference claims in either the bankruptcy jurisdiction or state court jurisdiction. 14. Notwithstanding the provisions of paragraphs 12 and 13, above, the parties reserve in the Township the right and ability to collect any amounts due and owing from r~te payers who have not paid under legal obligation to do so, and the Township shall not be precluded from reviewing books and records and determining whether there have been any transfers postpetition that have not been correctly set forth on monthly reports or that have been made in violation of the Interim Order cf January 12, 1995, or that may be made from the date of this Stipulation forward. 15. White Rock shall permit the Township to review and copy corporate books and records of White Rock and any and all records reasonably necessary to effectuate the terms and conditions of this Stipulation, including but not limited to the customer payment records from January 1, 1983, through March 31, 1995, and 9 all documents including correspondence relating to, received from or directed to the PUC as may be required herein, at such times and at such places as are mutually agreeable to the Township and White Rock, as necessary to carry out the provisions of this Stipulation. 16. The Township, White Rock and Penn Products hereby agree that any funds remaining in the possession of White Rock, or remaining in the possession of the Township from the amounts collected from the ratepayers of White Rock shall, after the disbursement of any amounts as directed by the Bankruptcy Court, be paid to the Township at the conclusion cf the bankruptcy p~oc~e~ng. 17. Upon the performance by the parties of all the terms and conditions of this Stipulation, the Townskip, White Rock and Penn Products agree that White Rock shall be permitted to withdraw the petition for relief filed by White Rock, subject to the approval of the Bankruptcy Court. 18. White Rock shall be restricted in the payment of salaries, lease payments, directors' fees, or other expenses in accordance with the terms set forth in an Interim Order entered in the bankruptcy proceedings on January 12, 1995. 19. Penn Products hereby acknowledges a subordinate lien l0 position as a judgment creditor to.the municipal liens of the . Township and covenants and agrees not to contest or litigate the transfer of the System and the Property to the Township as provided in this Stipulation. 20. The Township, White Rock and Penn Products hereby agree to execute any and all documents necessary for the implementation and execution of this Agreement and the warranties contained herein. 21. The Township, White Rock and Penn Products hereby agree that the Bankruptcy Court may enter the provisions of this Stipulation as an Order of Court evidencin~ a stipulated settlement of the matters addressed in this Stipulation, and that tke Bankruptcy Court shall retain jurisdiction over the terms and conditions and implementation of this Stipulation. i 22. This Stipulation shall be executed cn behalf of White Rock by Joyce Swcpe, president of the corporation, who, by her signature represents and acknowledges that she possesses authority to execute this Stipulation on behalf of White Rock; on behalf of Penn Products by Joyce Swope, president of the corporation, who, by her signature represents and acknowledges that she possesses authority to execute this Stipulation on behalf of Penn Products; and on behalf cf %he Township by Richard Moore, Chairman of the Monroe ~owns'hip Boar~4 of Supervisors, who, by his signature, represents and acknowledges that he possesses authority to execute the Stipulation on behalf of the Township. MONROE~TOWNSHIP: ~/~ard Moore WHITE ROCK SEWAGE CORPORATION: PENN PRODUCTS CORPORATION: APPROVED BY THE COURT: Robert J. Woodside Chief Bankruptcy Judge ~JkRRISBD~.G, PENNSYLVANIA 12 EXHIBIT A TO THE STIPULATION AND CONSENT ORDER A description of the Property and the System., as follows: Conduit Pipe Manholes Drains Valves Pump House Equipment (4 Pump Houses) Sewage system equipment on hand ~us ~rems, eqmpmenr and PVC pipe: stored near or on lands ~ Perm Products Corporation, _kq~hr~ Appurtenances All that certain tract of land situate in Monroe Township, Cumberland County, Permsylvania, described according to survey dated July 27, 1972, by Robert E. Stiffler, Registered Surveyor, as follows: BEGINNING at a point on the southern line of property of Reading Railroad at a point in the Ye[low Breeches Creek, thence in said creek, crossing the right-of-way of Metropolitan Edison Company South 54 degrees 59 minute, s East 444.80 feet to a point in said creek; thence continuing in said creek South 12 degrees 08 minutes East 77.50 feet to a point in said creek; thence by property being retained by Wilmer L. and Patricia A. Harris and through an iron pin 50 feet from the point in said creek previously referred to, South 74 degrees 11 minutes West 199.84 feet to an bon pin; thence continuing by property being retained by Wilmer L. and Patricia A. Harris and through an iron pin South 13 degrees 35 minutes East 200.00 feet to a railroad spike in the center line of Leidigh Drive, Township Road T-545; thence by the center line of Leidigh Drive, Township Road T-545, South 88 degrees 29 rpinutes West 649.00 feet to a railroad spike in the center line of said road; thence by other property being retained by Wilmer L. and Parricia A. Harris and through an iron pin North 24 degrees 52 minutes East 979.20 feet to a point on the southern line of property of Reading Railroad; then by property of Reading Raikoad the following two courses and distances: (1) South 61 degrees 58 minutes East, 57.00 feet to a point; (2) South 74 degrees 31 minutes East 287.50 feat to a point in Yellow Breeches Creek, the place of BEGINNING. Containing 10.0016 acras. FDfHIBIT B TO THE STIPULATION AND CONSENT ORDER Trade Accounts Payable, as follows: 74172 EXHIBIT "B" A. 97 8;+0 PENNSYLYANLI PUBLIC UTILITY COMI~SSION IN' THE llIAT"I'Kit OF THE A,PIq,JCATIOIq' OF :/2ITE ROCK SEWAGE CORPORATION, under Section i~Pl, Article II of the Public Utility Law, as ~uended,' for approval of the right to begin t, ~'~'~r, render, furnish o~ supply sanitary s~.~age collection and disposal service to the ~ublic' in a portion of Monroe Township, Known as White :Rock Acres, Cumberland County, as zpeciftcally shown on a map attached to the a:pliCation. CERTIFICATE OF PUBLIC CONVENIENCE The Pennsylvania Public Utility Commission hereby certifies that after an investigation and/or hearing had on the above entitled application, it has, by its report and order made and entered, ... a copy of which is attached hereto and made a part hereof, found and determined that the granting of said. application is necessary or proper for the service, accommodation, convenience and safety of the public, and this certificate is issued evidencing its approval of the said application as set forth in said report and order. Mn r timonp rr of, The PENNSYLVANIA PUBLIC IYI'ILITY COMMISSION has caus~ed these l~resents to be signed and sealed, and duly attested by its Secretary at its office in the city of March ~9 74 PENNSYLVANIA PUtII,IC UTII.1 I'Y C, OMMISSION Harrisburg this Attest: !// -' Chairman PUBLIC UTILITY COMMISSION Application Docket No. 97~40 ~iApplication of WHITE ROCK SEWAGE CORPORATION for approval of the right to .begin to offer, render, furnish or supply sanitary sewage collection and disposal service to the public in a porti¢ of Monroe Township, known as White Rock Acres, Cumberland Count) il BY THE COM~4ISSION: REPORT AND ORDER. This matter being before the Pennsylvania Public Utility Commission upon application of WHITE ROCK SEWAGE CORPORATZON, filed March 26, 1973 for approval of the right to begin to offer, render, furnish or supply sanitary sewage collection and disposal service to the public in a portion of Monroe Township known as. White Rock Acres, Cumberland County,. and having been ~nd duly presented in accordance with the rules of the Commission, full investigation of the matters and th~_ngs involved having be~n had, the Commission finds and determines that the granting of said apolication is necessary or proper for the service, accommodat~cn, convenience or safety cf the public, and that a certificate of public convenience issue evidencing the CommissiOn's approval thereof: NOW, to wit, March 11, 1974, IT :.S ORDERED: That a certificate of public convenience issue evidencing the Commission's app.rova~ of the said application, as above determined, the said servmce area being defined by a map attached to the application, subjecb to the following conditions: FIRBT: That the approval granted hereby shall authorize White Rock Sewage Corporation to begin to furnish sanitary sewage collection and dis[,osal service initially to no more than 125 dwel.llngs in its proposed service araa, comprising White Rock Acres Development in Monroe TQm, reship C~unber!and County. SECOND: That White Rock Sewage Corporation shall not furnish sanitary sewage collection and disposal service to more than the aforesa~od 125 dwellings in its proposed service area until applicant obtains approval of the Commission, upon a specific showing by petition, that applicants sewage treatment and collection facilities, then installed or pmposed, are of sufficient capacity to provide adequate service to additional dwellings in its proposed service area. -2- A. 97840 THIRD: That White Rock Sewage Corporation obtain a permit from the Pennsylvania Department of Environmental Resources and submit a certified copy thereof to the Commission before service is offered to the public. FOURTH: That White Rock Sewage Ccrporation comply with the sanitary regulations and requirements of the Pennsylvania Department of Environmental Resources in the operation of its sewage collection and treatment facilities. FIFTH: That White Rock Sewage Corporation Recognize its 7.. obligation ~o extend ser~ce beyond its certificatl area as granted by this order should the Commission determine after hearing and with full due process accorded.to the company that such extension is necessary or proper for the service, accommodation, convenience, or safety of the public and should the Commission further determine that respiring such extension would not represent a taking of the company's property, but would be fully compensatory to it for the investment required, all such determinations of the Commission being subject to regular appa;;ate procedure. SIXTH: That the long-term liabilities and equity investment of White Rock Sewage Corporation shall be limited to approximately 60 percent and 40 percent, respectively, of the total cost of investment of the sewer plant and facilities. I ATTEST: PENNSYLVANIA PUBLIC UTILITY CO~MISSION Secretary Order Adopted: March 11, ].974 Order Entered'. March 14, 197~ Co.rmni~soner Carter dissented on the grounds cf insufficient ]. n.~ ormat 1 on ' . PEI SYLYANIA mmuc '£ ~[Al-rE~t OF T~ A.I'~"LICATION 01~ ~OCK SEWAGE CORPORATION for ~appro'val of ..~ to begin to offer or furnish sewage osa! service to the public in an additional of Monroe Tovnship known as White Rock Cumberland County, as described by and dis'.ances and shown on a map .~hed no the ~pplication, CERTIFICATE OF PUBLIC CONU;EN.rENCE A. 10o9o6 The Penn.iylvania Public Utility Commi~-ion hereby clrtifle~ ~?m~ after an he~mz had on the above enti~ted appE~on, it h~, by i~ ~ a~d o~ ~de and en~, cf which ~ a~ched hereto ~d ~e a p~ her~f, fo~d ~d de.trained tha~ ~e ~antin$ of :ppli~don is n~es~ or pro~r for the :~vice, ~comm~a~on, convenience ~d ~fe?y of the and thi~ ceftin, cate ia i~au~ eviden~n~ ira app~val of the ~d ap~li,~on ~ ~t fo~h in ~id The PE.'~.-NSYLVA~N'IA PLrBLiC UTIi. IT~ f COM2gISSION ha~ caused t 7~a~en:a '~o be ~iffr, ed and sealed, amd duly at.stud by it~ Secretary. a~ its offic~ in the dry of PE.~S'YLV AN'IA PUHIJC UT1L! I'Y COMSftSSION Applicant proposes to coanect its collection facilities to an interceptor sewer of The South Yaiddleto~ Township Sewer Authority pursuant to an order of the ?e, nsylva~ia Dep&rtment of Eaviromnental Resources. ~%e~ the co,ac%ion is co~le%ed app],lcaa s present %rez~ett plea% will b~ abandoned amd all sewage from applicant's will be treated b~ ~e Authority. Applicamt proposes %o extemd its sewage collec~iom system iato aa additional sectio~ of ~e R~ck Acres which ~as been approved by Mo~oe To.ship for 264 ~ome~ amd aa adjoiaing area at tke weste~ end of ~ite Rock Acres wkich coa~i~ 461 lots. ~.e total m~ber of c~tomer~ to be ~ed b~ applicant is 850. Applicant's ma~s were origi~lly desired to accomodate ~e sewage flow from the 850 resideaces amd tkere is adequate trea~emt capaci%7 available Authori~y'~ trea~em~ plaa~. -- Approx~ately 2~,000 fee~ of eigkt-inck sewer maim will be ~sta~led %o se~e tke additional areas. The es%~a~ed cos% of ~he addZ%ioaal facilities is $330,050 wkich will be financed by Products Co~ora~iom, ~e developer, om a mo ref~d'basis- Upom full co~i~ration of a!~ mat%ers of record, ~ke Com miasio~ fimds %ka~ approval of %ki~ applicz~ios, is macessa~ amd proper for ~e se~ice, acco~odatiom amd co~vemiemce of ~ke public; ~~, IT IS ORDERY~D ~ !. That the application of ~ite Rock Sewerage Corporation is hereby approved. 2. That a car~ifica:a of public coavami--c- authorizing a~plican: ta fu~is~ saai:a~f sewage collection se~ice co ~ the public ia an additions! ~cr%ion of ~cmroe To,~ship, C~berlaad Co~ty, as described b? courses and distances and show~ on a map attacked ~o the application. 3. That ~he condi~ic~ on applicant's certificate of public convenience ~ssued at A. 97840 l~iting semite co a ~xim~ of 125 customers be de!e%ad. BY lq~ COPi~ISS!ON, .C~3~' McElwe e Secretary ORDER A~OPTED: March 14, 1979 - 2 - EXHIBIT "C" MONEOE,TOWNSHIP IaUNICIPAL AUTHOt t'rY 1220 Boiling Springs Road Mechanicsburg, PA 17055-9794 (717)258-6642 or (717)697-4613 FAX (717)258.9311 September 30, 1999 Penn Products Corp. c/o Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 RE: Reserve CapaciI3] Dear Ma-s. Swope: The Monroe Township Municipal Autb_ority adopted Resolution 99-4 on August 18, 1999. resolution w/ii require-payment ora R.esen,~ .Cap~ci-ty sewage capacity in any sewer system owned by the Authority. This At this time Perm Products, as ~evde~-~_.r efl. h.e White t~c1¢ .Ap.z'es a-rea, owes Capa~y.Re.se,we fo; the following tots, but is not necessarily limited to the folloxving lots: Lot# 29 Lot# 143 Lr~t# 252 Lot# 249 32 144 253 270 134 145 2~ 272 135 146 255 273 136 t47 256 274 137 148 257 275 138 149 2~8 274 139 203 260 277 140 212 .267 273 141 213 268 279 142 215 For your convenience I have enclosed a copy of the applicable resolution as well as a Reserve Capacity Agreement. With aptamval af t-hr. ~-eq-uest by the M~micil,.at Authr)~y, cr~m?etinn al' this agreement and payment of all required fees, reserve capacity would be guaranteed. Applicable fees to date are $3,000 per E-I)U Capac4ty-Fee. The quarterly Capacity Charge would not be billed until the first quarter of 2000. Please refer to Page 3, Section 5 of the Agreement. Monroe Township Municipal-A~t-hority ~itt. aot-g~taram~ ~m+r~ ~apacity-for-sewage 'erea~ment for any lots unless a Reserve Capacity Agreement has been executed. We anticipate receiving your Sincerely, Jog~_ne E Hot~sl~' ' Cl~k enclosure EXHIBIT "D" I AFFIDAVIT ~ wope, hereby state that I have repeatedly directed requests to officials of k2p that a municipal lien which has been placed upon my residence by Monroe ~c,.nedly for sewage services, be removed. Attorney James Hughes has in this matter. On September 7, 1999, Attorney Hughes met with the Monroe :[rcr. James D. Bogar, in an attempt to resolve this issue. At the meeting, Mr. that the lien would not be removed unless Penn Products a~eed to Township .,,g, :o other disputes between Penn Products and Monroe Township, unrelated to n~-:ers. As a result of that meeting, and subsequent correspondence from ~Mr. ne obvious to me that Mr. Bogar and Monroe Township would continue in their !legal conduct, and re,fuse to remove the lien. ~ s~xnd that false statements herein are made subject to the penalties of 18 Pa.C.S. ~o unsworn falsification to authorities. ~y~,/Swope ~ AFFIDAVIT I, Joyce Swope, hereby state that I have repeatedly directed requests to officials of Monroe Township that Monroe Township release funds belonging to Penn Products pursuant to an escrow agreement, and release Penn Products from liability tm.der the agreement. I have also repeatedly requested that funds constituting a road bond for structural integrity be returned to Penn Products. Attorney James Hughes has represented me in this matter. On September 7, 1999, Attorney Hughes met with the lvtonroe Township Solicitor, James D. Bogar, in an attempt to resolve this issue. Prior to this meeting, I had been led to believe that there were merely some technical matters to be cleared up before these funds were released. However, at the meeting, Mr. Bogar indicated that the funds would not be returned unless Penn Products agreed to Township demands relating to other disputes beCveen Penn Products and Monroe Township, un.related to these specific matters. As a result of that meeting, and subsequent correspondence from .,Mr. Bogar, it became obvious to me that Nh-. Bogar and Monroe Township would continue in their improper and illegal conduct, and refuse to return these monies to Penn Products. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. ORDINANCE NO. 3 OF 1978 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF MONROE, CUMBERLAND COUNTY, PENNSYLVANIA, IMPOSING SEWER RENTALS AND KHARGES FOR USE'OF THE SEWER SYSTEM OWNED AND OPERATED BY THIS TOWNSHIP AND FOR THE TREATMENT OF WASTES DISCHARGED THERETO, .UPON OWNERS OF. IMPROVED PROPERTY WHICH SHALL BE CONNECTED TO SUCH. SEWER SYSTEM; PROVIDING FOR BILLING, COLLECTION AND FILING OF lIENS; REGULAr-' ING THE DISCHARGE OF SANITARY SEWAGE INTO SUCH SEWER SYSTEM; AND ADOPTING CERTAIN RULES'AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS. The Board of Supervisors of the Township of ~nroe, Cumberland County, Pennsylvania, enacts and. ordains as follows: ARTICLE. I DEFINITIONS Section 1.01. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Ordinance shall be as fol l~s: A. "Authority" shall mean South Middleton Township Municipal Authority,'a Pennsylvania municipality authority.. B. "Con~r~rcial Establishment" shall mean a~y structure or any porti.on thereof intended to be used wholly or in part for the purpose of carrying on a trade, business or profession or for social, amusement, re)igious, educational, charitable or public uses, and which contains plumbing for kitchen, toilet or washing facilities, excluding Private Dwelling or Living Units. C. "Commonwealth" shall mean the Commonwealth of Pennsylvania. D. "Engineer" shall mean the Enoineer or the Consulting Engineer. for this Township, with respect ~o sanitary sewage matters. E. "Garbage" shall mean solid wastes resulting frcm preparation, cocking and dispensing of food and from handling, storage and sale of produca. F. "House Drain" shall m~an that part of the main horizontal drain and its branches inside the walls of the building, vault, or area and for five feet ou~ide thereof and extending to and conneoting with the House Sewer. G. "House Sewer" shall mean that part of the main house drain or sewer extending from a point five feet outside of the outer wall of a building, vault, or a~a to its conne'ction with the Service La~ral. H. "Improved Property" shall mean any propertX upon which there is e~cted a structure_ intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure Sanitary Sewage shall be or may be discharged. I. "Industrial Establishment" shall mean 'any structure intended to be used wholly or in part for the manufacturing, fabricating, pro- cessing, cleaning, laundering or assembly .of any product, commodity or article. J. "Occupied Building" shail'mean each single dwelling unit, hausehold unit, flat or apartment unit, sto~e, sloop, office, business, or industrlal unit or family unit contained within any structure erected within one hundred fifty feet from the Sewer System and intended for continuous or periodic habitation, occupancy or use by hdman, betng.s or animals and from which: structure Santtary Sewage is or ma.v .be discharged. K. "O~ner" shall mean any Person veste~l with ownership, legal or. equitable,.sole or partial, of any Improved Property. · · L. "Person" shall mean any Individual, partnership, trust, association, corporation, municipali ty, ?unic. ipality autA'ori ty or any other group or entity. M. "pH" shall mean the logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the. degree of acidity or alkalinity of a substance. N. "Private Dwelling or Living Unit" shall mean a structure or dwelling intended to be occupied as a whole by one family · or an aparbnent or mobile home intended to he occupied by .one family o r any ~ the r one- family li vi rig. unit. O. "Representative" of this Township shall mean the Secretary of this Township, the Township Engineer, Plumbing Inspector, Utility Manager, Health Officer, or such Other person that shall be appointed by this'Tc~nship as its representative or agent for any of the purposes herein. P.' "Sanitary Sewage" shall mean the normai water-carried household and toilet wastes from residences:, business buildings, institutions, Commercial, and Industrial Establishments. Q.i "Service Lateral" s,~all mean that part ¢)f the sewer line from the Sewer System to the 6urb line or tn the property line if ther~ is no curb line. R. "Sewer" shall mean any pipe or conduit constituting a part of the Sewer System.used or usable for collection of Sanitary Sewage. S. "Sewer Customer" shall mean the property owner making application for service and entering into an agreement therefore, for a sewer connection to a property. T. "Sewer Rental" shall mean that quarterly charge for direct or indirect connection with the use of the sewer system of this Township. U. "Sewer System" shall mean all temporary' and permanent facilities at any time, and from time to time, owned or leased and operated by this Tcwnship and used or usable for, 'or in connection with, the collection of Sanitary Sewage and acceptaJ~le industrial wastes. V. "Soil Pipe" shall n~n any pipe receiving the discharge of one or more water closets, with or without other' i~ixtures. W. "Terminolo~" - Technical terminoloa_7 contained in this Ordinance or the rates, rules and regulatior~s shall be inter- preted by and through and shall have the meanings set forth in.the "Standard Methods for the Examination of Water, Sewerage, and Industrial Wastes" and "Glossary, wirer and Sewerage Control Engineering", both prepared by 'the American Public Health Association. C~uhty, P~nnsylvania~ a~?~c~;o~'r"tn appmpr~a~ a~d through its Board ot buperv , . ca)es, its authort zed repmseqtatives. y.' "Wa~r Supplier" shall ~'~n a~y public'agency or private company furnishing water service ~o ~emparticul'ar Property: connected to'~e' Sewer Sy~em~ " ' IMPOSITION OF CONNECIION ~ARG~ .. Section 2.01. lhem is hereby imposed upon each ~ner of each I~roved Property hereafter connecting to the Sewer Sys~m a c()nnection ~arge of $300.00 for ea~ connection. ABT ICLE II~ S~EDULE' OF ~lE~ .'section 3.01. Quarterly sider ra~s, rants, and charges are im- posed upon and shall be collected from all Sewer Custome~ of each I~V~dm property which shall be connepted to the Sewen System, whether' such use or benefits resulting therefrom or such connection shall be direct or indi~ct and shall be in accordance with the following Schedule of Rates: (1) Flat .Rates for Private ~elling or Living Units and .. Co--roi al Establi sh~n~: A. Each Private ~elling or Living Unit $55.00 Nonresidential: All Owners of nonresi- dential Improved Properties connected to the Sewer System shall pay ~harges except as )~ereinafter noted, at the annual rate or rates, as appropriate, on the basis of equivalent Private C~elling Units as set. forth in the following schedule: 1. Firehouse or mu.ni, cipal building Z. Each church without kitchen facilities 3. Each church with kitchen facilities 4. Each retail gasoline station without car wash facilities 5. Each retail gasoline station with car wash facilities 6. Each motel or hotel Wherever a restaurant or bar room is conductmd in connection wibh any motel or hotel, a separate sewer re_ntal or'charge shall be imposed' for such facilities in accordance with the following classification: a. Each restaurant, bar room c~r other Corrmercial Establishment which regularly dispenses food or beve- rages for consumption o~ ~e p~mises $82.50 $55.00 $82.]0 $137.50 $11 .oo per bedr:cm $55 .(]0 per 10 seats which am regularly intended for customer use, subject to a minimum of $137.50 A11 other Con~,ercJal Establishments not separately classt lied 'abow: and not constituting a combination' Dwelling Unit and.Commercial Establishment .$ 5.50 per' quarter annum: per employee plus $55,00 per quarter annum for each public restroom~ sub- Ject to a minim chaTge of $82.50 per quarter. This se~er ren- tal or charge shall be com- puted on the basis of the average datly number of em-. ployees for the. quarter annum immediately preceding the. date of the bill. ' Ce Do Combination'Dwelling Unit and Commercial Establishment located in one structure and owned, occu. pied, and operated by the same Person; Provided, however, that this subsection shall not be appli- cable in 'those cases where the Commercial Establishment shall constitute a restaurant, bar room, or other Con~nercial Establishment which regularly dispenses food and/or beverages for consumption on the' ':~. premises. ' Ins ti tutional Establishments: $82.50 1. Each public or private school per pubil, based upon the daily average number of pupils enrolled on days when tSe school was in session during the tn~r~diately preceding full school term. Teachers and employees shall be classified and t~ated as pupils for purposes of this Ordinanc=-. ... 2. Convalescent hemes and similar. establishments $55.00 per 15. stud.:nts $55.00 for every 3.5 patients; em- ployees will be classified and counted as pa ti ents. Metered Rates for Commercial and Industrial Establishments: Sewer rentals or charges for Sanitary Sewage and industrial wastes, not subject to special charge here- under, which shall be discharged into the Sewer Sys~m from any Improved Property constituting a Com~ercial · .' (3) or Industrial Establishment, shall b& based upon volume · of water usage, adjusted tf appropriate, where the volume of water usage shall be metered Jn connection with the Wa~er Supplier or ol~erwise Sewer rentals or charges for'Sanitary Sewage and Industrial wastes, trot su6,Ject to a special charge ~ere- .. under, which shall be. discharged Into the Sewer System from any Improved Property constituting a Commercial .. or Indus t;ri al Establishment may be based upon actual, metered volume of discharge as pemttt~:d in this. Ordinance. : In either of the foregoing cases, sbch sewer rentals or charges shall be computed ~n accordance with the following metered rate schedule; Subject, however, to a minimum sewer rental or charge per quarter annum, regardless of volume of water usage or of volume of actual metered waste discharge, of $8g.50 per quarter annum or $5.50 per .employee, based upon the daily average number of employees for the quar. ter-annum ~mmediately preceding the quarter-annum for which the bill ts .rendered, whichever' ts larger: ~TERED RATE SCHEDULE Per'Quarter-Annum Water Consumption $3.65 per of Hetered ~aste Discharge 1,~00 gallons Nonmetered Rates for CO~Terctal and Industrial Establishments: Sewer rentals or charges for-Sanitary Sewage and-in-- dustrtal Wastes, not subject to a special charge here- under, which shall be discharged into the Sewer System' from any Improved Property constituting a Commercial or Industrial Establishment, when the volume of water · usage' shall not be metered in connection with the Water . Supplier or otherwise, and when the actual volume of discharge shall not be metered as permi'tted in this Ordinance, Shall be computed in accordance with. the Metered Rate Schedule provided herein and shall be based upon an estimate by this Township of the water consumption of'said Improved Property constituting a ' ConTr~rcial or Industrial Establishment. (~) Additional classifications and annual rates per unit or modi- fications of the aforesaid annual rate_~: may be established by this Township from tim~ to tim~ as cleemed necessary. Section 3.02. Before making any connection from the building to the sewer lateral, a permit shall be obtained from this Township. A permit authorizing such connection may be granted after proper application therefo~ has been made to this Township and upon payment of the tapping charge. No se~ef conniection or disconnection shall be made except under the supervision, control, and approval of this Tc~nship's authorized representative.: Upon com- . pletton of each connection, the permit shall be then returr, ed to tqe Person to whom it was Issued. The Owner making application shall be responsible for al! sewer bills and the proper observance of rates, rules, and r=.gulations. When the premises are vacated, the Owner shall give notice to. this Township's office. A new application for service sha]l be made upon change of owner of an Improved Property, and this Tc~nship may discontinue servic~ until such new appl'tcation has'been made and approved by th~s Township. Section 3.03. No~,vithstanding any provision in this Ordinance to the contras, this Township shall have the right, based upon good reasons and circumstances existing to enter into special agreements.with the owner of any Improved Property, with respect to terms and conditions upcn which Sanitary Sewage and/or industrial wastes may be discharged into the Sewer System and with respect' to payments to be made to this Tc~nship in connection Lhe~- "': 'with. In such event, such service and payments with respect thereto shall be gov~.rned b~ terms and conditions of such special agreement. e Sectton 3.04. [f use or. classification of any property billed on a. flat r. ate base should change within any quarter, the difference in Sewer Rental, prorated on a monthly basis to the nearest calendar month will be cha~rged.or credited, as the case may be, on the bill for the succeeding' .. quarter..-A.dditional classi fications and additional Sewer Rentals may be established by this T.ownship from time to time.. · :.... . ARTiCLE,iV BILLING AND COLLECTION OF SEWER · RENTS~ RATES AND CHARGES .Section 4.0i. Fees for the connections set forth above ;:~all be payable upon application for permit to make such m connectl on. ;.' Section 4.02. Se~er Rentals or charges urlder Article 3 above shall be paid quarterly and quarterly billings' for sewer rentals shall be made by '."', bills dated the first day of January, April, JUly,' and October of each year, for L':"' the-quarterly period tmnedlately preceding'the-date of thE: bill. -All bills are : ' . payable'at the .Authority's office. The bills for Sewer l~.,ntals: under Article 3 · fo~. the first, quarter during which'a property is connected~( ] ] mbe prorated on ' thE- basis of the quarterly rate. All bills shall be due and payable on their re-' .i spective dates. Section 4.03. Quarterly charges for sewer' service shall be'subjeCE to five percent (5:) penalty if not paid within thirty (30) days after they are due. If not paid wi-thin sixty (60) days after becoming due, the bill plus the penalty shall bear interest from the due date at the rate of one-half percent (~} j~er month or fraction thereof until paid, and this Township shall have the right to cut off sewer service from the delinquent p~emises and not to restore the same until all delinquent bills against the same'and the cost of cutting'off and restor- ing service shall have been paid.' Payments made, as evidenced by the United States Post Office mark, on or previous to the end of the period during which the bills.are payable at face, will be deemed to be a paym_=nt within.such per!od. Section 4.04. All sewer Rentals tJgether with all penalties'thereon, not.paid on or before the end of sixty days from the date of each bill, shall be deemed to be delinquent.. All delinquent Sewer Rentals and all penalties thereon shall be a lien on the property served and .shall be ente~d as a lien aoainst such property in the office of the Prothonotary of Cumberland County, Pennsylvania, and shall be ~ollected in the manner provided by law for the filing and collection of such lfens. ' ' Section 4.05. Every Owner of an Improved Property, which is con- nected to the Sewer System shall provide this Tc'wnship with and thereafter shall keep this T~wnshtp advised of his correct address. Failure of any Person to' receive bills for sewer rentals or char:es shall not be considered an excuse for non-payment nor shall such failure result i~ an extension of the perio¢ of tirr~ during which the net bill shall be payable. · · . ARTICLE V ..' .:' LIENS FOR SEWER RENTALS; FILING " ...' AqD COLLECTIO;( OF LIENS. .... Section 5.01 All' bills remaining unpaid after sixty'Ja~ have elapsed f~cm t.qe date they are due, shall be cause for termination of service, and shall bece,,"-~ a lien on the Improved Property charged. ·Fhe. lien may be collected by an action of assum~sit in the name of this Township against the Ownen of the Improved Property ~harged, or may be'enforced against such Improved · Property by filing a municipal claim. '~ Section 5.02. At the discretion of this Township, the sewer service to any Improved Prcperty may be terminated for. non-payment of Sewer Rentals, as · .provided in the Pennsylvania Act of. April 14, 1949, P.L. 482, as amended; Provided, however,, that 't~qe sewer bill must be in' arrears, in excess o~: sixty days, and the O~ner must have rec.:ired notice in writing from this T~nship of the intent to · . .... ~.:rminate service at least ten days befo~ the action is taken, pursuant t.~ said ' Act. CONNECTION PROCEDURES Section 6.01. Application to Install Building Sewer.' Any Person owning Improved Property accessible to the Sewer System who is required to install a but)ding sbwer from the.. lateral shall first" make written application for a permit on t'ne form ~urntshed by. this Township. -' The application must b6 signed by each 'Person or. his duly authorized agent and must be co?.letely filled out .in all its'parts.- : , Section 6.02. Extensions by Developer ... In cases where a developer or b'uilder desi~m.~S to install sewers, laterals, 'and building sewers to a house or houses within a housing development prior'to their individual use or sale, he may do so upon meeting all conditions set forth in'this section and in other sections o~ this Ordinance. Sewer plans conforming to all original specific'ations established by .this Township shall be designed in compliance with the n~.,thod stipula.ted.below: "' :'; ' ' 'The builder or developer may request this Township '. · .... to provide plans and detailed design of the Se~ers. fo~' the' ..'. extensions, including approvals fr~m the necessary state agencies. The engineering fees for the design will be in accordance with the current schedule of suggested minimum fees of the .Pennsylvania Society of Professional Engineers, . ... together with necessary legal and other costs, and shall be ~' paid by the builder or develope~.. The total of the estimated : engineering fee and the other estimated costs must be deposited with thi.~-Township' be fore -destgn- commences: ..... Such approved extensions may then be constructed by and ~t the expense Of the builder or developer but only under the inspection of. an inspector for'this Township designated by thfs Township. The cost of such inspection,. including salaries and expenses, shall be borne by the builder or developer making the extension. The estimated cost of the inspection of construction shall be deposited with this Township before construction convinces. Upon the comaletion of the extension to the Sewer System of this Township, the builder or developer shall deed'the extension, free of all.encum- brances', to this Township. The extension to the Sewer System shall be accepted by this Township only'after a certificJte is issued by the consulting engineer. of this Township. No connections Shall be made to the extension until the Engineers' Certificate has been issued and accepted by this Township. When ~he extension has been accepted by this Township, all connections shall be'made in accordance with this Ordinance includino all the necessary inspection of ' building sewers, securing Of permits and Jther pertinent requirements. '. [ ..'.F.-' ' .. ' ..... Section 6.03. Separate House Connections Unless written pe~ission is obtained from this To'~nship, a · separate building sewer will be required for each iqdtvidual buildino or house wn.~.qer constructed as a detached unit or as one of a pair of row~ b~t a single house sewer will be permitted to serve a school, factory, an apart~nt house, or other pe~anent multiple unit structure whose individual apart~nts or units may not be subject to separate c~nershtp. No Person owning any premises con- nected with the Sewer System or tenant of such. pr-emises shall ~ermit another Person or p~mises to use or connect with his lateral or building sewer, except upon written permit from this Township. · ~ . Section 6.04. Laterals and Building Sewers. o Building sewers shall be subject at all times Eo the inspection and approval of this Township. Two separate building sewers, may be laid in the same ' ditch, provided they are three Feet apart. Hcwever, no two different utilities m~y be laid in the same ditch. Any building server not so approved shall be relaid at .... : the expense of the property cw~er if ordered by this Township. During construction e oP the ½anitar~ sewers, the l~tePals will be installed by this Township to the curb 14nes and the building sewers shall be made, by and at the sole expense of the property ~ners,' to the laterals heretofore constructed. After completion of construction of the Sewer System, any additional lateral and building sewer ' shall be constructed from the street sewer main to the building to be serviced by " and at the expense of the property ow.nor who has'obtained a permit. All. building .,. sewers heretofore or hereafter installed sba'Il be maJntafned by and at the .sole expense of the property o~ner. %' · Section 6.05.. Pipe and ]nstalia~ton. ~"' ~ . A. All laterals, and butldtngl..sewers s'hall be .constructed. of one of the following types of pipe: ; .'.' 1. Medium weight cast iron sot1 pipe coated or uncoated · at .least 4" in tnternal diameter. ' 1':"..' :' 2. Vitrified c'lay (V.C.) extra strength sewer pipe at ' ' I '~ e ' m least 6" in internal diameter. 'Jotnting n~tertals for the various type of pipe shall be ' as fol lows: .i l. Cast iron pipe joints ·shall be in accordance with · the standard practice of properly caulked lead and oakum or of the neoprene rubber tyton type. ....... . '2. Vitrified clay pipe shall have joints of the wedge- '' loCk "0" Rin. g Compression type . The pipe. shal 1. be instal led-wi th-a..minimum ,grade.lo~ 1.O0~: .the best possible alignn~nt and shall have adequate cover to protect the line from crushing or frost action. All laterals and building sewers shall be constructed in a'ccordance with specifications for municipal ~ewerage Systems (see "South Middleton Township Municipal'AuthJrity") as'se6 forth by the Engineer.' A set of such s~ecifications shall be on file in the office of the Township. No 90o bends will be .permi. tted. T~e sharpest bend may be 45o. ' · -., .. "-; ...Section 6.06. Cleanouts and Traps · ':' -' '-' ', ' Generally, cleanouts shall be provided in each house sewei' and · - · at intervals to permit complete rod~ing with lO0-foot lone auger or tape. Cleanouts shall be constructed by using a "Y" fitting in ~he cup of pipe with a 45o ': bend and riser to the ground surface. The riser pipe must be provided with a " s~andard 4" .... screw type ferrule... · All connections to the Sewer System must be provided with a house · :. '.i~.trap beb.~een the main house drain and the building sewer. Traps shall be of the ' I '~ ' ~ m running type wit~ approved cleanouts' and fresh air inlet on the upstream side. Section 6.07. Special Conditions. ~-~." " ~hereever in the opinion of this Township or its representative ?'!!" Orencase~nt tn concrete,.such materials a~ itmay.direC.~ ' .. i.:I the t~nching conditions require either a s~ecific type o~f pipe 'jointing material protect the property c~ner and/or this T~nship for specialshall be installed to - -..., conditions as follows: " . A. Where the trenc~h is over t~elve feet (12'). deep, extra strength cast iron pipe must be used. .. ; B. Where the trench is less than 4 feet deep in a trafficed · . road~ay, special bedding consisting of crushed stone or concreta "'f cradle, as directed by the Engineer or this Township must be used. ' :m :''' i ' C ' Laterals and building sewers for all service stations, garages, · ' or other establishments storing, using, or. diFspensing gasoline m'' '' ' : ..... · kerosene, benzine· or similar solvents shall be constructed of . . ~ cast iron pipe with leaded joints. ,,,ere ~nes are laid tn 011, extra heavy cast t~on sot1 pipe with lead Joints shall be used. E. Where foundation conditions are poor due to groundwater ' or subsurface materials, ~.base of pennsylvania Department · '. of Transportation No. 2B crushed stone at least 6" tn depth shall be applied. ::' ." F. Where rock ts encount~'lred, tt shall be excavated to : .depth of 4 ihches below the' bottom of the' ptpe.and..Uje trench -. ".. refilled to th'e grade line with crushed stone. ' ' ' Section'.6.08.' Connections. to Later. als' ... ., : " Connections to laterals, tf of the same pipe size, shall be made by properly Jotnttng to the bell end of the service lateral provided. If cast Iron pipe 4" tn diameter ts used, the connection shall be made with a standard reducing f~tttng of clay or cast iron. This.applies also to the connection of the House .- Drain to the building sewer. Pro~ecting the smaller pipe into the larger and sealing will not be permitted.. Where a building sewer ts made with pipe larger " tn diameter than the 6' lateral provided, .the building sewer shall be ~xtended to · the-sewer main and properly connected as specified herein. .. .' ' ~' "':~ S~ction 6.09. Connections to Street Sewer Rains. · Connections to street sewer ~atns '~ere no branch fitting has · been previously provided shall be made with an approved saddle-type fitting. '~'.' . properly Installed and encased tn a 6' envelope of concrete extending cu-mpletely i*~i ..... aro. und the barrel of the sewer main. · Section 6.10.-street Opening Permits and RestoratiOn Of Surface' -.. Wherever the surface* of ~ny streeE ts disturbed by construction of .-... the Laterals, the surfactng.materta] must be resto:red jn kind and maintained to the satisfaction, of'this Township. Any and all construction tn a street of this Town- ' 'sht~ shall be tn con~ltance ~tt~h the ordinances of this Township, and all necessary permits shall be obtained from this Township before construction ts corrnenced, tncl'ud, tng ..the pemit required for opening or disturbing the surface of a street. · Section 6.11. Supervision and Inspection. · The construction of~.atera]s ~nd building sewers shall at all .. - times b~ ~subject to supervision and tnspect~on by this Township and its Representa- tives and shall conform to this Townshfp's specifications..The Laterals and' :.[ *" building sewers shall not be covered until permitted by.this Township's Represen- tative, and all backfilling of trenches sliall b~ ur, der his supervision and Shall be ?. thoroughly compacted by ta~ing ~n 6-inch layers to a minimum height of 1~~ above .. - t.he.pipe.... · .. " "'"""~ ' Section 6:12. Connections Through ~rivate Property. ]~'i-'",' ':._ " Connections with sewers which run through private property shall q~ i.'". in..a.l.l respects be governed by this Ordinance ', . Section 6.1~. Drainage into Sewer Systems No roof drainaee, surface water, or groundwater from underground drainage fields shall be admitted or be permitted to drain into the Sewer System. .. The Se:~er System is ~ntended to convey Sanitary Sewage and i~dbstrial wastes only. Section 6.14, Disconnection of Lat~:rals. · '~' This Township shall have the right to close or disconnect from the · Sewer System any Lateral or building sewer used for carrying rain water, surface water,· ground water, or objectionable matter, or whenever any violations Of this Ordinance are committed. e. ARTICLE VII. PROHIBITED WASTES · Section 7.01. No Person shall discharge or :shall cause to be discharged any storm water, surface water; spring water, gro,.',ndwater, roof" · .. runoff, subsurface drainage, building fouhdatio~ drainage, cell. ar. drainage, · : or drainage from roof .leade.r. connections ~nto any Sewer ..... " " ri ,ah t' Section 7.02... This ~ownshtp reserves the ~o refuse, , .i permission to connect to the Sewer System or to compel discontinuance of.use of the Sewer System in order to prevent discharges into the Sewer System dee~d harmful or to have a deleterious effect upon any portion, of the Sewer Sy~'tem or .-' upon the sewage treatment plant. '.' Section 7.03. Except as Otherwise provided tn this Ordtnanie, ,.=.:.:.' no Person shall discharge or cause to be discharged any of the following described i.?. wastes or waters into the Sewer System: ' ' .-""'; .' '~' '.'.' ' '-.'.".' A~ Any liquid or vapor having a t~nl)erature higher. than :-' · . .: . ~..- 140 degrees Fahrenheit. ' -~ ....... ..' ':.. "B. Any w~ter dr waste containing more than lO.mg/l of.fats, ~ I.I Im mi tar, 'oils, a~id~/or grease. . .. C. Any gasoline, benzine, naphtha,'fuel oil, solvent, or , 'I I' other flan~nable or explosive liquid, solid or' gas which, by reason of'its nature or quality, may cause fire or explosion - ' . ..: .: .. or which, in any other way, may be injurious te Persons or the. · .: Sewer System or the sewage treabnent plant. .. D. Any noxious or malodorous gas or substa'nce which, either' " : singly or by interaction with other wastes, shall be capable of .... -.' creating a publiclnuisance or hazard to life or of preventing ' .: entry into the Sewer System or the se~age treatment plant for · maintenance and ~paJr.' ......, . ..' .'-. ' m " : E .Any GaFbage except properly chopped garbage. F. Any ashes, cinders, sand, mud, straw, shavings, ~t~l, '. glass, rags, bones,.feathers, tar, cotton, WOlOl,.plasticS,~or ' other fibers, wood, paunch manure, butchers 'Offal,lo~' any' -other solid or viscous substances which shall'be capable of causing obstruction to the flow in any Sewe6 or other inter- ference with the proper operation of the sewe'- Sys~.m or the sewage treatment plant. " G. Any water or waste having a pH (as determlined by this ': Township) lcwer that 6.05 or higher that 9.0 or having any corrosive property capable of causing damage or hazard to · structures or equipment of the Sewer System or the sewage treat~nt plant or to personnel engaged in operation and main L~nance · o ~her~ot. H. Any water or waste containing any Tox':ic Substance, as ~ defined below, in quantity sufficient to 'constitute a :.. hazard to humans or animals or to interfere with any sewage treatment process of the .sewage treatment plar.t.or that will pass .through the. sewage treat~nt plant in such condition so that it will exceed state, federal, or other validly existing .. requirements for the receiving' stream.~ · i' Maximum . .. Allowable : Toxic Subs tances Concentration Aluminum (ionic form) lO.O mg/1 .,.= . Antimony ' 5.0 mg/1 Arsenic l.O rog/1 Barium Beryllium · ~oro~ Cadmium Chlorinated Hydrocarbons, including but not.limited to pesticides, ~erbt- ctdes, and algaecJdes Chromium, tote! Copper · ... Cyanides '. Fluorides · . Iron .. Lead : Hanganese Mercury Nickel Phenols Radioactive isotopes' .Selenium. Zinc ' "' "' ': -5.0 mg)l 1.0 rog/1 1.0 rog/1 0.1. rog/1 · Trace -' .' · .1.0 mg/1 ; . 0.5 mg/1 0.5 mg/1 ... 1.5 rog~1 $.0 rog/1 0.5 rog/1" 0.5 mg/1 0.01 mg/1 5.0 mg/1 2.0 mg/1 Trace 2.0 mg/1 .0.5'mg/1 · -5~0 mg/1 1~0 mg/1 I. An,v water or waste containing total solids of suck character". and quantity that special or unusual'attention or expense shall ' be required to handle such water or waste at Lhe sewage treatment: plant for..sewage treatment processes.' ' .. . J. Any water or waste containing noxious or ma.lodorous gases or substances capab!e of creattn, g a public nuisance. K. An~ wastewater containing an excess of 3U mg/1 of total phosphate at any given time (PO4). . · L. Any water or v~aste containing substances or other matters which are. prohibited by this Tcwnship from entering the Sewer System. '. ' .... ..' , .... M. Gas stations and garages are required to provide otl inter-' captors of the t?pes Series GA, GX, GNC, GRC of Josam Manufactur- ing Company, Michigan City;: Indiana, Or equivalent,, tn the.proper location, where the'dangerous llqufds are to be Intercepted. N. Restaurants or other Cornr, erctal Esteblish~.~nts as directed are required to provide orease interceptors oF the type Series ~ of the dosam Manufac%uri~g Company, or equivalent. ARTICLE VIII -.-' ".... METHODS OF /~ASURING VOLUME~ MEASURING OEVICES, AND METER READINGS · Section 8.01, Hethods of /~easuring Volume for Schools and Conm~erci al Establish~nts: Whenever a ~erson purchasing all.water used'fro.~ the Water Su~plie'r dischmrges Sanita~'Sewage into the Sewer Sys~.m, the volu~ of water used, as dete:ined from ~ter ~adings made by, or made, available to, this T~nship, shall be used in co~uting ~e Sewer Rentals ~ Section 8.02. ~asuring ~vices: All ~ or ~asuring devices not provided by ~e Water Supplier but othe~ise used under the p~visions of this Ordinanc~ay be furnished a~d installed by this T~nship at ~e expense of ~e ~ner and shall be ~ned by, and under ~e control of, ~is Township and ~y be tested, tnspec~d or ~pai~d by Township employees whenever dee~d necessamy. ~e ~ner of ~ I~ved P~perty upon which such ~asuring de~ice, is installed · .shall be.~sponsible for ib main~nance and safekeeping and all repai~ ~e~to " ~'~a~ ...... -~ ~s Iownshlp at the (~mer's'expen'se, whether such repairs necessary by ordinary wear and tear or other causes: Bills for such tnstallatidn ~nd 'rel~atrs shall be due and payable at the time and collected in .. the same manner as are the bills for sewer services; such bills from and their due. date shall constttute.a lien u on th after - ' · .. "' .. device is installed P . . e property upon which such measuring · Section 8.03. ' · . ' ' ' ~ter Rejdi~gs: This Tow're;hip shall.be responstble ' :...' . for the reading of'allrrreters or measuring devices, unles:; such readings are' , ' :- otherwise made available to this Township by the Water Supplier, and,the same.' shall be made available'to Township employees and.agents for meter reading at all ... -. reasonable times. ... " - Rnc: 'Ix ,.' CONTROL OF SERI/[CE; COI~LAINTS · I:,?:., , -" 'Section ~-01.."Thts'T~nshtp shall not >',. .. or failure °t; service when occasioned by an e~rgency, be Hable for a deficiency " · required repaJrs, or :?"~ failure fro~ any cause beyond ils control.. This. Township reserves the rtgh~ to restrict the use.of'sewer service ,henever the public welfare so requires. .. ~n consideration of the tight to ~onnect to the.Sewer System,-this Township .. · ' ' shall not be liable for any damage or expense .resulting from'lea~s, stoppages, or defective pluming or from ~ny other cause occbrrthg to any premises or ; within any building; and it is hereby expressly agreed by all persons ~fng connection with the .Sewer System .that no claims shall be made agains~ this . '"".. Township on account of the brea~ing or stoppage of, or any damage or expense. · -. to, any building sewer where the cause thereof is found to he in Such building.. ~' . . sewer, ....'. · .. Section ~.O~. co~Plaints with regard tn th?'opera~fon of the '~ ' Sewer System ar the character ';" ' of the service furnished or ol ~he sever bills :,'. :'. · rendered must be presented to this .To,nship in writing, except ~n an emergency :':i' -i : ~hen they ~y be oral~ and ~ record of such · '., '" :'Township, giving the name and address of. thecomplaint will be kept 6y this "~.'. '. -of ~e complaint, and the remedy." . ...... complainant, th: date', the nature ~.,.: ..-". ..? '.. .; .-.. ~' ..:.: ...... . . . . . · . """' .- ' ARTICLE ,:.: .. '- ' ACCESS_ .... '< ' · Section 10.01. This' TOWnship shall have the right of access, " at'all, reasonable times, to' any part of any Improved Property served by the :Sewer System as shall be required for purposes of inspection, observation -~ measurement, samp]ing and testing and for performance of other functions ;elating '' ' "to service rendered by this. TOWnship. through the Sewer System. '-' ': "" ART/rL~ XI ., '.- Ir. PROVED PROPERTY " Section ll.O]. The' Owner of any Improved ?r:perty c.~nne~tad t '"'3]'.i , ~e Sewer System sha]], be respcnsible for a~ ~- , - ~ o ,] ac,o of tenan~ or oLher occu~an~ of such Improved ProFerty insofar as-such acts shall be g~verned by provisions of this Ordinanco - f".:']-' . ? .. " .' '. · .',..~.' . . , '' :"~-" RE,NTALS OR CHA~ A~OPTION OF ... '~- ? .... ~,,~ ~uL:3 A~ID REGULATIONS '' . Section 12.0]. This TOWnship reserves the right to adopt and , .~. promulgate, from time to time, additiona! classifications and sewer rentals or .'-' ~ · ': charges therefor, or modifications of the schedule of se.we- renal, als or char~es :' ': ' a~ se~ forth in this Ordinance, whic~h additional classifications and sewer .... : ranta]~ or char~es, or modifications, as the case may be, shall be construed as a part of this Ordinance. EFFE~TIYE ~DATE ' Section 13,01,' This Ordinance shall becone effecttv~ in accordance w'ith law, Section 12.02. This :Tbwnship. reserves the right to ~dopt, from time to time,, such additional rules and regulations as tt shall deem necessary and proper in connection with use and operation of the Sewer System, which rules and_regulations shall be, shall become and shall be construed as part of ~. this Ord. inance. · .. 'm ~ CONSTRUcTIoN AND SEVEtLaSILITY ;'. Section 14.01, In the ~vent any p~ovtston, section, sentence, clause or part of this Ordinance shall be held to be invailid, such invalidity· "" sba1.1 no~ affect or impair any remaining proVision, section, sentence,· clause · · ' or. part of-this Ordinance, it being the intent of this Township ~hat sbch <'- ': remain..der'shall be and shall remain in full force and effec.t. .,>.. '. i.'...:' ~" ~ ARTICLE XV ' ""'' " ' ' ''' ' ' '1 m 1'~" ' 'm' ~. DECLARATION OF PURPOSE "' ""' '.-.' section 15.ol; It is declared that enactment of this Ordinance :: ... is necessary for the protection, benefit and preservation of the health, safety ;.' 'and welfare of inhabitants of this Township. ' ..... .. · "' ' .. '. ARTICLE XVI ~'"' .' · -... REPEALER Section 16.01. All ordinances or parts of ordinances and ... resolutions, or parts of resolutions' inconsistent herewith shall be and'are expressly repealed, . ,. ' . DULY ENACTED AND ORDAINED, this 22nd ,Jay of" ',Tithe' , " 1978, by the Board Of Super¥isors of the TOWnship of ~roe, Cun~aerland County, Pennsylvania, in lawful session duly' assembled~ . ....... ATTEST:" (SE.~L) · . . TOWNSHIP OF MONROE," CumJ~er<and C~unty, P~vania . MONROE TOWNSHIP MIINICIPAL AUTHORITY, Claimant VS. RICHARD L. SWOPE and JOYCE L. : SWOPE, husband and wife, : Owners : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 97-197'0 MUNICIPAL LIEN : DOCKET 1997 : No. 02-5930 WRIT OF SCIRE FACIAS SURMIINICIPAL CLAIM DOCKET 2002 MI/NICIPAL LIEN ORDER OF COURT AND NOW, to wit, this~day of January, 2003, upon consideration of the Petition to Reduce Municipal Lien to Judgment, as filed by the Monroe Township Miunicipal Authority, a hearing on said Petition is scheduled for ~U~~'~, ~~ ~ 2003 at /.'~O P.M. o'clock, in Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. ol MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. RICHARD L. SWOPE and JOYCE L. SWOPE, husband and wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1970 MUNICIPAL LIEN DOCKET 1997 No. 02-5930 WRIT OF SCIRE FACIAS SURMUNICIPAL CLAIM DOCKET 2002 MUNICIPAL I.IEN PETITION TO ~UCE MUNICIPAL LIEN TO JU~NT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner, Monroe Township Municipal Authority, by and through its Solicitors, James D. Bogar, Es~aire, and Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. On April 16, 1997, Monroe Township filed a Municipal Lien for Township services and sewer rates against Richard L. Swope and Joyce L. Swope, husband and wife (hereinafter "Owners"), for sewer collection and treatment services rendered with respect to property owned by Owners, same being known and numbered as 675 Valley View Drive, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, said Municipal Lien being in the amount of $7,079.31 plus interest in the amount of ten (10%) percent, along with penalties and. all costs, including attorney fees. Said Municipal Lien is docketed at Docket No. 97- 1970, Docket 1997. 2. On December 10, 2002, the Monroe Township Municipal Authority (hereinafter "Authority") filed a Voluntary Substitution of Monroe Township Municipal Authority as a Party Claimant, all to substitute the Monroe Township Municipal Authority for Monroe Township with respect to the lien matter at Docket No. 97-1970, Docket 1997. 3. On December 13, 2002, the Authority filed a Writ of Scire Facias Sur Municipal Claim said Writ being duly and properly served upon Owners on December 23, 2002. 4. On January 6, 2003, Owners filed an Affidavit of Defense with respect to and as a result of the Writ of Scire Facias Sur Municipal Claim filed by Authority. 5. On January 22, 2003, Authority filed a Response to Owners' Affidavit of Defense. 6. In order for the Authority to proceed to execution with respect to the above-referenced Municipal Lien, said Municipal Lien must be reduced to .Judgment, said Jud~nent being properly ordered by this Honorable Court, all after a hearing before the Court. WHEREFORE, the Monroe Township Municipal Authority, the Claimant herein, respectfully requests that this Honorable Court schedule a hearing in this matter for the purpose of determining the appropriateness of the Municipal Lien filed and, further, to enter Judgment against Richard L. Swope and Joyce L. Swope, husband and wife, Owners, in the amount of $7,079.31, together with interest from April 1, 1997 in the amount of ten (10%) percent, along with penalties and costs, including attorneys fees, for services and sewer rates a~ainst all that certain lot of ground, including any improvements located thereon, same being known and numbered as 675 Valley View Drive~. Boiling Springs, Monroe Township, Cumberland County, Pennsylvania. Respectfully submitted, ja~es D~. B~o~r, Esquire Attorney I.D. No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 JenC~n~fer~kHipp, EsqUire Attorney I.~. No. 86556 One West Ma~n Street Shiremanstown, PA 17011 (717) 73'7-8761 January 22, 2003 Solicitors for Monroe Township Municipal Authority CERTIFICATE OF SERVICE We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, certify that we are this day serving the foregoing Petition to Reduce Municipal Lien to Judgment and attached Order of Court upon the following named individuals by depositing same in the United State Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Richard L. Swope Joyce L. Swope 675 Valley View Drive Boiling Springs, PA 17007 William H. Andring, Esquire Attorney for Richard L. Swope and Joyce L. Swope 234 North Street Harrisburg, PA 17101 AttorneQ I.~. ~o.ESl~ One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jen-~h/~e~ ~. Hipp,' ~quire Attorney I.~D. No. 86556 One West MaXn Street Shiremanstown, PA 17011 (717) 737-8761 January 22, 2003 Solicitors for Monroe Township Municipal Authority 0 ~sr~ MONROE TOWNSHIP MUNICIPAL AUTHORITY, CLAIMANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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. ORDER OF COURT AND NOW, this ~ day of February, 2003, IT IS ORDERED that: (1) The petition of claimant to reduce a municipal Ilien to judgment, IS DISMISSED. (2) The municipal lien filed on April 16, 1997, IS STRICKEN James D. Bogar, Esquire Jennifer B. Hipp, Esquire For Claimant William H. Andring, Esquire For Richard L. Swope and Joyce L. Swope By the~3~~ Edgar B. Bayloy, J. ~, :sal MONROE TOWNSHIP MUNICIPAL AUTHORITY, CLAIMANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 ILIEN 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 q~.~arter 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. § 7101, et seq., as amended. (Municipal Claims and Tax Liens). (Emphasis added.) 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, 201:13. 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 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 White Rock Sewage Corporation. On April 8, 1974, the corporation passed a resolution to allow Richard Swope "to take sewage service in lieu of additional renumeration [sic]" as reimbursement for his "additional workload due to sewage system." The White Rock Sewage Corporation filed a petition for bankruptcy on October 3, 1994. In September, 1995, in conjunction with the bankruptcy, the White Rock Sewage Corporation and Monroe Township entered into an agreement in which the corporation transferred ownership of its sewer system and other assets to the Township. The Agreement provided: [t]he parties reserve in the Township the right and ability to collect any amounts due and owing from ratepayers who have not paid under legal obligation to do so .... (Emphasis added.) Thereafter, Monroe Township, and now the Monroe Township Municipal Authority, in accordance with the provisions of Township ,Ordinance No. 3 of 1978, has provided sewage collection service to the properties that lhad been served by the White Rock Sewage Corporation.3 Despite a representation to the contrary in the lien, the evidence shows that the Swopes have paid for all sewage collection services provided by the Township and the Municipal Authority to 1:heir property under Township Ordinance No. 3 of 1978 since the Township took over the collection of sewage. The 3 Monroe Township provided sewage treatment service to the White Rock Sewage Corporation even before it took over the collection service. The Township, and now the Authority, collects sewage for properties throughout the 'r'ownship, and provides sewage treatment. -3- 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 utiliity applicable thereto. The rates specified in such tariffs shall be the la~ul 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 White 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 ~vhat 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 [a] 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.S. 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- 97-1970 MLD TERM 02-5930 CIVIL TERM Monroe Township never provided any sewer collection services to the property of the Swopes until after the Agreement in September, 19,95, transferring ownership of White Rock's sewage system to Monroe Township. Under Section 7107 of the General Municipal Law, a lien may be filed only for services "furnished by a municipality." While the Agreement of September, 1995, reserved to the Township "the right and ability to collect any amounts due and owing from ratepayers who have not paid under legal obligation to do so," authorization to file a lien is a statutory remedy, and is limited in the General Municipal Law to services "furnished by a municipality." Thus, the subject lien which states "Said Township services and sewer rates were levied and assessed pursuant Township Ordinance No. 3 of 1978," is incorrect. While Monroe Township obtained a right under its September, 1995, Agreement with White Rock Sewage Corporation to collect any amounts due and owing from ratepayers of the corporation who had not paid it under legal obligation to do so, it had no statutory authority to file a municipal lien for sewage collection services that were not levied under an ordinance of the Township. Accordingly, the petition to enter judgmen~t on the lien filed on April 16, 1997, with accumulated interest and attorney fees must be dismissed, and the lien stricken. ORDER OF COURT AND NOW, this "~~ day of February, 2003, IT IS ORDERED that: (1) The petition of claimant to reduce a municipal lien to judgment, IS -6- 97-1970 MLD TERM 02-5930 CIVIL TERM DISMISSED. (2) The municipal lien filed on April 16, 1997, IS STRICKEN 'James D. Bogar, Esquire Jennifer B. Hipp, Esquire For Claimant By the William H. Andring, Esquire For Richard L. Swope and Joyce L. Swope :sal -7-