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Home My WebLink About99-06404 { . r,. j [ ? 2' t Q ?? ? j .. ??["- j j ? V j . K #. S:f ?? Ary??t7 ? ,y .?ir?'Jy alit .. ???. $sa a. ?{ :max ? R"+"?. ,( . a k #}?' ?. • ?? ? 5,!Y ?, . t pk ? n i.?.t- ? ? ? t ; ;{ ? t ? $ . - ? O ? TixK ' _ ? J .' \ ? J'. J'M g ?& r T 41 x' ? .,. i { ,y. . yF L } i l: . ? ~ +°, M! ? i ` ?3. ' 1 ? \f ' y _ J a ? 5 w. [F< - a '..11' S x . 'rd, DV ?O G. ?a ? ( t ? vv ?v ? - ? ? (? ? ? ? L S t ? t ? 4 'l.`y` ? ',t sss F Z,, ? ??i, \: ?'? , 4 ?r z? t4?? ? "`Fg t ? ? 'G` t ? ? Y . v Y fv ? - -? +? ? _ ?? . q?.. - pJ `p r ?' ! r yy SiA k ??? L SY ji r t:: N ? ? XVO. h? ,? + F N ? ? f - t E ? _. °rc? . ? ? ? :F th. ' ? t .4 t.'!, ?` _ _ .S? .. . tF `?.;. ' t,,.4 `'?? :.. ? '^ F, : mn:?Y {' n r,, ??? ` ` d ,`Y JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- G!/?1?f GCC?N BOROUGH COUNCIL OF THE BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - LAW Defendant ORDINANCE APPEAL NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: 104~L_ Attorneys for Plaintiff uw OFFICES SNELOAKER, BRENNEMAN a SPARE r JO ANNETTE SERLUCO, Plaintiff V. BOROUGH COUNCIL OF THE BOROUGH OF SHIREMANSTOWN, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- GVO'/ e<?il Ttr., CIVIL ACTION - LAW ORDINANCE APPEAL COMPLAINT Jo Annette Serluco, by her attorneys, Snelbaker, Brenneman & Spare, P. C., files this Complaint and in support thereof states the following: 1. Plaintiff Jo Annette Serluco is an adult individual residing at 302 Walnut Circle, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant, the Borough Council of the Borough of Shiremanstown, constitutes the duly elected corporate authorities of the Borough of Shiremanstown, a Pennsylvania municipality with a principal office located at 1 Park Lane, Shiremanstown, Cumberland County, Pennsylvania. 3. Plaintiff is presently and has at all times relevant hereto been a resident and tax payer of the Borough of Shiremanstown. 4. On July 19, 1999 the Borough Council of the Borough of LAW orricca SNELOAKER. BRENNEMAN B SPARE Shiremanstown (hereinafter "Council") directed the Solicitor for the Borough of Shiremanstown to prepare and advertise an ordinance for purposes of authorizing the merger of the Borough of Shiremanstown Police Department with the police departments of Lower Allen Township and the Borough of New Cumberland, which ordinance was to be considered and voted upon at the next regular meeting of Council. 5. The ordinance directed to be prepared and advertised as made reference to in Paragraph 4, above, (hereinafter the "Ordinance") was published and advertised August 3, 1999 in The Patriot News newspaper. A true and correct copy of the ordinance as published on August 3, 1999 and Proof of Publication with respect to such advertisement are attached hereto and incorporated by reference herein as "Exhibit All and "Exhibit B", respectively. 6. At a public meeting of Council held August 16, 1999, council by a majority vote adopted the ordinance, subject to the approval of Council and adoption of a merger agreement among the Borough of Shiremanstown, the Borough of New Cumberland and Lower Allen Township. 7. At a public meeting of Council held September 20, 1999, the Mayor of Shiremanstown Borough vetoed the Ordinance approved by Council August 16, 1999. 8. At the public meeting held September 20, 1999, immediately following the Mayor's veto of the Ordinance, five of the seven members of Council voted in favor of overruling the veto and reapproving the ordinance. A true and correct copy of uw ar"cEc SNELOAKE", the Ordinance approved by Council on September 20, 1999 is BRENNEMAN & SPARE 11 -2- ., , attached hereto and incorporated by reference herein as "Exhibit C". 9. At the public meeting held September 20, 1999, following Council's reapproval of the ordinance, Council, by a resolution approved by a vote of five of seven Council members, approved an agreement establishing a regional police department among the municipalities of the Borough of Shiremanstown, the Borough of New Cumberland and Lower Allen Township (hereinafter the "Agreement"). A true and correct copy of the aforementioned Resolution adopted by Council is attached hereto and incorporated by reference herein as "Exhibit D". A true and correct unsigned copy of the aforementioned Agreement is attached hereto and incorporated by reference herein as "Exhibit E". 10. The action by Council in adopting the ordinance on uw arnccs SNELOAKER. BRENNEMAN 9 SPARC September 20, 1999 was procedurally irregular and defective in the process of enactment for the following reasons: a. The ordinance as published did not adopt or approve of an intergovernmental cooperation agreement as required by law; b. The ordinance as published and approved improperly purported to authorize the Borough of Shiremanstown to enter into an agreement by a resolution to be adopted by Council; C. The ordinance as published failed to include the text of the Agreement or incorporate the text of the Agreement in it as required by law; d. The Ordinance as published and adopted failed to specify the conditions of the Agreement as required by law; -3- The ordinance as published and adopted failed to specify the duration of the term of the Agreement as required by law; f. The Ordinance as published and adopted failed to specify the manner and extent of financing the Agreement as required by law; g. The ordinance as published and adopted failed to specify the manner in which real and personal property shall be acquired, managed, licensed or disposed of as required by law; h. To the extent the Ordinance published August 3, 1999 was intended to be an advertisement of an ordinance which summarized the text of a proposed agreement, such advertisement was contrary to law due to its failure to set forth all provisions of the agreement in reasonable detail; i. To the extent the Ordinance published August 3, 1999 was intended to be an advertisement of an ordinance which summarized the terms of a proposed agreement, such advertisement was contrary to law due to its failure to refer to a place within the Borough of Shiremanstown where copies of the proposed Ordinance and/or agreement may be examined; J. To the extent the ordinance published August 3, 1999 was intended to be an advertisement of an Ordinance which summarized the terms of a proposed agreement, Council failed to provide the full text of the Ordinance and/or agreement to a newspaper of general circulation in the Borough of Shiremanstown at the time the notice of the Ordinance was published; k. Prior to action by Council to adopt the Ordinance, the meeting of September 20, 1999 was moved from the Borough Council's principal office at 1 Park Lane, Shiremanstown to 125 E. Main Street, Shiremanstown without public notice of the date, time and new location of this regular meeting by Council; 1. Prior to action by Council to adopt the LAW o..I«o Ordinance, Council President Jack Lange SNELBAKER. improperly limited public participation and BRENNEMAN comment otherwise permitted by law by pronouncing a SPARE -4- to all at the meeting on September 20, 1999 that Council will give thirty (30) minutes to the topic of the police merger. This pronouncement was made at a time when there were more than one hundred citizens present at the meeting who were believed to be interested in the topic of the police merger; M. Prior to action by Council to adopt the Ordinance, Council President Jack Lange improperly limited public participation and comment by announcing to the public that the thirty (30) minute period for the topic of the police merger had concluded; n. Prior to action by Council to adopt the Ordinance, Council President Jack Lange improperly limited the subject matter of public comment by announcing on two separate occasions that the thirty (30) minute period had concluded unless someone had something new or different to say; o. For the reasons set forth in subparagraphs 10.1., m., and n., above, council President Lange on behalf of the Defendant improperly limited the statutory right of the public to comment and be heard on matters of concern, official action or deliberation prior to Council taking official action on the Ordinance. 11. For the reasons set forth above, the adoption of the Ordinance was procedurally defective, irregular and unlawful. 12. This action is commenced pursuant to 53 P.S. § 46010 LAW OFFICES SNELOAKER. BRENNEMAN & SPARE and 42 Pa.C.S. § 5571(5). WHEREFORE, Plaintiff requests this Court to find and hold that the Ordinance adopted September 20, 1999 by the Borough Council of the Borough of Shiremanstown is unlawful and void for the reasons set forth herein and to enter judgment in -5- Plaintiff's favor, together with costs of this action. SNELBAKER, BRENNEMAN & SPARE, P. C. By: li Ke th O. Brenneman, Esqu re 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Jo Annette Serluco Date: October 20, 1999 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. $4904 relating to unsworn falsification to authorities. Date: October 20, 1999 uw ornCU SNELOAEER. BRENNEMAN a SPARE EXHIBIT A THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to low, deposes and says: That he Is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published over since; That the printed notice or publication which Is securely attached hereto Is exactly as printed and published in their regular dally and/or Sunday and Metro editlonsAssuos which appeared on the 3rd day(s) of August 1999. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds In and for said County of au hin in Mi cellaneous Book •M', Volume 14, Page 317. 7 1 17 PUBLICATION COPY Sworn day Notanar Seal,. TerN L. Russet, Not uE, Hamburg. Daup MyComm,ssionExpires unee.z06 t ARY PUBLIC Menmoer, Pennsylvania AsswMy, poMM4sion expires June 6, 2002 SHIREMANSTOWN BOROUGH ATTN: JUDITH BYRA ONE PARK LANE SHIREMANSTOWN, PA. 17011 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 456.19 Probating same Notary Fee(s) $ 1.50 Total $ 457.69 A.D. Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By ............................. EXHIBIT 8 COPY BOROUGH OF SHIREMANSTOWN CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO,--Z-3e) AN ORDINANCE OF THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA, PURSUANT TO THE PROVISIONS OF THE INTERGOVERNMENTAL COOPERATION ACT PROVIDING FOR ENTERING INTO A JOINT AGREEMENT WITH THE BOROUGH OF NEW CUMBERLAND AND THE TOWNSHIP OF LOWER ALLEN FOR THE CREATION AND OPERATION OF THE CUMBERLAND METRO POLICE DEPARTMENT, THE ESTABLISHMENT OF A REGIONAL POLICE COMMISSION, THE ORGANIZATIONAL STRUCTURE OF THE COMMISSION, THE OWNERSHIP OF PROPERTY, THE MANNER OF THE ASSESSMENT OF COST OF THE POLICE DEPARTMENT AND OTHER FINANCIAL, BUDGETARY, JURISDICTIONAL, PENSION AND MISCELLANEOUS ADMINISTRATIVE MATTERS. WHEREAS, Shiremanstown Borough, the Township of Lower Allen and New Cumberland Borough desire to enter into an agreement providing for mutual police protection within each of their respective municipal boundaries by creating a joint police force called The Cumberland Metro Police Department; and WHEREAS, such an Agreement is authorized by the Intergovernmental Cooperation Act of July 12, 1972, No. 180, as amended by Act of October 9, 1986, No. 137 (53 P.S. §481, et seq.), and the Borough Code Act of February 1, 1966, No. 581 (53 P.S. §46202) as amended; and WHEREAS, the Intergovernmental Cooperation Act provides that the municipality shall adopt an Ordinance authorizing the governing body to enter into an intergovernmental agreement as may be deemed appropriate for such purposes. NOW THEREFORE, be it enacted and ordained by the Borough of Shiremanstown in Council Assembled and is hereby enacted and ordained by the authority the same as follows: Section 1. The Borough of Shiremanstown is hereby authorized to join with the Township of Lower Allen and the Borough of New Cumberland in accordance with the Pennsylvania Intergovernmental Cooperation Act of July 12, 1972, No. 180, as amended, (53 P.S. §481, et seq.), by entering into an Agreement with said Municipalities to provide for mutual police protection within the municipal limits of each Municipalities, which Agreement shall be adopted by resolution of the Borough Council of Shiremanstown with the same effect as if it had been set forth verbatim in this section and a copy of which shall be filed with the minutes of the meeting at which said Agreement is adopted. EXHIBIT C 60p17 Section 2. The new police department shall be organized as an unincorporated association and shall be known as the Cumberland Metro Police Department which shall have a perpetual existence, unless terminated sooner in accordance with the terms of the Agreement or by an ordinance of the Borough of Shiremanstown. Section 3. The Borough Council Shiremanstown hereby expressly delegates to the Cumberland Metro Police Department all those powers and duties of a police department established pursuant to the Borough Code, Act of February 1, 1966 (1965 P.L. 1656, No. 581) as amended, 53 P.3. §46121, et seq. The Cumberland Metro Police Department shall establish and operate a police department for the purpose of providing protection to persons and properties and the enforcementof the laws and ordinances of the respective municipalities within the corporate boundaries of Shiremanstown Borough, Township of Lower Allen and New Cumberland Borough. The purpose and objective of the Agreement are to provide broader and more comprehensive police protection and law enforcement services on a more economical basis within the municipal limits of the respective municipalities by consolidation of their separate police departments into a newjoint police department. Section 4. The Cumberland Metro Police Department is to be financed by annual appropriations made by each participating municipality towards such total costs in the manner and subject to the conditions as set forth in the Agreement. Section 5. The Cumberland Metro Police Department is to be under the supervision and control of a joint commission to be known as the Cumberland Metro Police Commission consisting of two (2) appointees of each municipality and a seventh member to be rotated and appointed from the three (3) municipalities in accordance with the terms of the Agreement. Section 6. The Agreement shall provide that all the existing property and equipment of each police department shall be contributed or transferred to the Cumberland Metro Police Commission. Thereafter all new purchases of property and equipment are to be made and disposed of as provided in said Agreement. Section 7. The Cumberland Metro Police Department Commission created pursuant to this ordinance shall be empowered to enter into contracts for the purchase of property equipment, material and supplies and shall be authorized to enter into contracts for policies of group insurance, employee benefits, including social security and pensions for its employees subject to the budgetary restrictions, statutory provisions and other provisions contained in said Agreement and shall have such additional powers and authority as are provided for in the said Agreement and are not otherwise contrary to the laws of the Commonwealth of Pennsylvania. Section 8. Upon the effective date of the Agreement authorized by this Ordinance or at such time as the Cumberland Metro Police Department becomes operative as set forth in said Agreement, whichever shall occur later, the existing Shiremanstown Borough Police Department created pursuant to the Ordinances of the Borough of Shiremanstown, is abolished and terminated and shall cease to exist as a separate police department. COPY Section 9. All ordinances and parts of ordinances inconsistent herewith be and the same are hereby repealed. ENACTED this -11o day of Z&15 '1999. ATTEST: BOROUGH OF SHIREMANSTOWN BY: Jack E. Lange, Presid dith/fl Byra, S c ' y APPROVED this day of 1999. Dean Lebo, Mayor RESOLUTION QDPr WHEREAS the Council of the Borough of Shiremanstown enacted Ordinance No. 330 at its meeting of August 16, 1999; and WHEREAS the said ordinance was reenacted by the Borough Council on this date; and WHEREAS the said ordinance provides in Section one (1) that an Agreement establishing the regional police department is to be approved by the Borough Council and adopted by resolution; and WHEREAS the attached agreement entitled Intergovernmental Cooperation Agreement establishing Regional Police Department has been presented to the Borough Council for approval, NOW THEREFORE, BE IT RESOLVED by the Borough of Shiremanstown, in Council Assembled as follows; The attached Agreement entitled Intergovernmental Cooperation Agreement Establishing Regional Police Department is hereby approved. 2. The President and Secretary are authorized and directed to execute the said agreement on behalf of the Borough. 3. Any changes or amendments to the Agreement shall be subject to approval of the Borough Council by motion or resolution at a duly scheduled meeting. Resolved this tv G 'day of September, 1999. Attest: Borough of Shiremanstown L.S. Sc6rCtdiy Presi ent EXHIBIT D INTERGOVERNMENTAL COOPERATION AGREEMENT ESTABLISHING REGIONAL POLICE DEPARTMENT aevBed: 8,30-99 THIS AGREEMENT, made on the day of , by and among the Borough of Shiremanstown, Cumberland County, Pennsylvania, aborough existing under the laws of the Commonwealth of Pennsylvania, the Township ofLower Allen, Cumberland County, Pennsylvania, a first class township existing under the laws of the Commonwealth of Pennsylvania, and the Borough of New Cumberland, Cumberland County, Pennsylvania, a borough existing under the laws of the Commonwealth of Pennsylvania, hereinafter collectively referred to as "the parties" or the "Municipalities". WITNESSETH: WHEREAS, the parties desire collectively to associate themselves together in and by virtue of this Agreement to create a regional police department and a commission to operate and govern the department; and WHEREAS, each of the parties acknowledge increasing population mobility and a concomitant increase in public safety problems tending to obliterate municipal boundaries in the enforcement of laws of the Commonwealth of Pennsylvania and the ordinances of the several Municipalities; and WHEREAS, there is an urgent need for uniformity and continuity in the enforcement of the laws of the Commonwealth of Pennsylvania and the ordinances of the several Municipalities; and WHEREAS, the parties currently operate their own independent police departments; and WHEREAS, coordination and integration of the exercise and discharge of the police powers in the Municipalities party to this agreement can be improved and made more cost effective by the establishment of a regional police department; and WHEREAS, the governing bodies of the Township of Lower Allen, the Borough of New Cumberland, and the Borough of Shiremanstown have, by appropriate ordinances, manifested a genuine interest in safer communities through improved regional police service; and WHEREAS, the parties have determined that the provision of police service across municipal lines will increase their ability to preserve and protect the public safety and welfare of all the residents of the entire area; and a EXHIBIT E WHEREAS, the duly elected public officials of the parties desire a full and complete police program that contains the components of adequate police service; and WHEREAS, it is the desire of the parties to enter into this Agreement for the purpose of having available for use throughout the territorial limits of all participating Municipalities a regional police force under the terms and conditions hereinafter set forth; and WHEREAS, cooperation among these adjoining and adjacent Municipalities is a proper exercise and discharge of their governmental powers, duties and functions; and WHEREAS, the parties enter into this Agreement pursuant to Article 9, Section 5, of the Pennsylvania Constitution and Act commonly known as the "Intergovernmental Cooperation Act", 53 Pa. C.S.A., Section 2301 et. Seq. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter contained, the parties, intending to be legally bound, agree as follows: ARTICLE I FORMATION OF REGIONAL POLICE DEPARTMENT AND POLICE COMMISSION SECTION A. Agreement to Coooerate. Pursuant to 53 Pa. C.S.A. Section 2301 et. Seq., the parties agree to cooperate and associate themselves together for the purpose of creating a regional police system. SECTION B. Formation of Department. The parties also agree to the formation of a regional police department to be known as the Cumberland Metro Police Department ("Department"). SECTION C. Formation of Commission. The Department shall be under the direction and control of a joint board to be known as the Cumberland Metro Police Commission ("Commission'), which shall consist and be comprised of representatives appointed by the Municipalities in accordance with Article 111 of this Agreement. SECTION D. Start Date, The Commission shall be formed and organized upon execution of this Agreement by the Municipalities. The Department shall begin operations at 12:01 a.m. on January 1, 2000 ("start date"). -2- ARTICLE II POLICE DISTRICT BOUNDARIES SECTION A. Regional Police District. All mutual municipal boundaries of the parties shall be obliterated for the purpose of police service so that a single police district comprising the total geographic area encompassed within the collective political boundaries of the Municipalities is established, hereafter to be known as the Regional Police District ("Police District!). The Police District may be expanded, or other districts may be created, to encompass or include areas within other municipalities that become part of the Department and join or purchase services from the Commission. The Police District shall be the "primary jurisdiction", as that term is defined and used in law, of all officers in the Department. SECTION B. Authority to Provide Police Services. Subject to the terms of this Agreement and the limitation set forth in Section C, the Municipalities hereby transfer and delegate to the Commission their authority to provide police service in the Police District as of the start date of the Department. SECTION C. Retention of Police Powers. Officers in the Department shall have full municipal police jurisdiction and authority. Nothing in this Article or any other provision of this Agreement shall be construed as divesting officers employed by the Department of extra- territorial jurisdiction or authority conferred by law or agreement. The Commission shall furnish to each of the Municipalities the name of all police officers, and full time community service officers of the Department for the purpose of deputization of such officer as police officer and community service officer of all Municipalities appointing such police officer and community service officer. The Municipalities shall so deputize the police officer and community service officer. ARTICLE III REGIONAL POLICE COMMISSION SECTION A. Commission. The Commission shall have the responsibility and authority to govem, manage, operate, and administer the Department and provide police services in accordance with this Agreement and applicable law. The Department and its officers and employees shall be under the direction, control, and general supervision of the Commission. SECTION B. )representatives. The Commission shall consist of, and shall act, conduct business, and carry out or exercise its delegated powers, duties, responsibilities, and authority through a joint board of representatives appointed by the Municipalities. The Commission shall consist of seven (7) representatives. Each Municipality shall appoint two (2) representatives. An "at large" representative shall be nominated by one of the Municipalities. The "at large" member must be approved by majority vote of the six (6) representatives approved by the Municipalities. .3. The first "at large" representative to be appointed shall be recommended by the Borough of Shiremanstown, followed by Lower Allen Township and then the Borough of New Cumberland. If additional municipalities become part of the Department and join the Commission, then each joining Municipality shall have such representation on the Commission as negotiated and designated by the existing Commission. SECTION C. Terms and Appointments. Representatives shall serve a term of three (3) years, except for the terms of persons initially appointed, which shall be staggered so that the terms begin on the date of appointment and expire one (1) year, two (2) years, and three (3) years, respectively, from the start date of the Department. The term of the "at large" representative shall be three (3) years. Initial appointments shall be made within thirty (30) days of the date of the execution of this Agreement by the Municipalities. Thereafter, appointments by the parties of their representatives shall be made during and become effective as of the first municipal meeting of each calendar year. After expiration of their terms, representatives shall continue to serve until a successor is appointed. SECTION D. Oualifications. Each representative shall be a full-time resident or full- time employee of the Municipality by which the representative was appointed. At least one (1) representative of each party shall be an elected official of the Municipality. The at large member shall be a full time resident of the police district. SECTION E. Removal, Each representative shall be subject to removal, after due notice, and after a hearing with an opportunity to be heard, by a majority vote of the governing body of the appointing municipality, in the following circumstances: 1. Just Cause. Any representative may be removed for just cause. 2. Failure to Attend Meetings. Any representative who fails to attend three (3) consecutive meetings, of six (6) meetings in any twelve (12) month period, without reasonable cause or excuse, may be removed. 3. Termination of Residency. Any representative who ceases to be a full-time resident or full-time employee of the appointment municipality or the police district may be removed. SECTION F. Vacancies. Each Municipality shall appoint a successor to the unexpired term of any of its representatives in the event of a vacancy or resignation. SECTION G. Officers and Committees. Officers of the Commission shall be a Chairman, Vice-chairman, Secretary, Treasurer, and such other officers as the Commission may deem necessary. The Commission may establish or organize itself into such committees as it sees fit to carry out its duties. -4. SECTION H. u e The Commission shall adopt or promulgate written rules and policies to govern its operation, establish procedures for the conduct of its meetings, and prescribe the duties of its members and officers. ARTICLE IV MEETINGS SECTION A. Regular Meetings. The Commission shall meet at least monthly for the purpose of conducting the business of the Commission and may meet at such other times as it deems necessary. Meetings shall be scheduled and conducted in compliance with the "Sunshine Act". 65 P.S. Section 271 et. Seq., as amended from time to time. The first meeting of each year shall be the annual reorganization meeting for the purpose of electing officers for a one (1) year term and conducting annual reorganization business. SECTION B. Special Meetings, Special or rescheduled regular meetings may be called by the chairman or vice chairman and shall be called at the written request of any five (5) or more members of the Commission. The call and the request, if any, shall state the purpose of the meeting. The meeting shall be held at such date, time, and place as shall be given in written notice at least three (3) days prior to the day named for the meeting to each member of the Commission who does not waive such notice in writing. All such waivers shall be in writing. SECTION C. Ououum. Votive. Each Commission member shall have one (1) vote. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of business, and the acts of a majority of the members present at a meeting at which a quorum is present shall be the action of the Commission. Voting on all questions shall be taken by a show of hands or voice vote, provided, however, that the chairman may on the chair's own motion, or shall, at the request of any member, cause a vote to be taken by roll call. SECTION D. Minutes, The Commission shall maintain accurate Records and minutes of all regular and special meetings. Once approved, such minutes shall, at reasonable times, be open for inspection in accordance with the provisions of the Right-to-Know Act, 65 P.S. Section 66.1 et. seq. ARTICLE V COST ASSESSMENT SECTION A. Funding, The Department and Commission shall be funded primarily through annual assessed contributions from the Municipalities, initial assessments to new members, and supplemental funding as may be available from time to time from local, state, federal, and other sources. -5- SECTION B. Apportionment Formula. Annual assessed contributions for Municipalities shall be determined by the Commission based on the total net cost for providing police services pursuant to the apportionment formula set forth in this Section B. A. Cost Sharing. All costs for providing police service, including, without limitation, administrative costs, employee payroll and benefits, vehicle and headquarter operating expenses, and other costs for operating the Commission and Department shall be apportioned to each Municipality as follows: a. Building Costs. If the Municipalities and/or Commission enter into a lease-purchase agreement or acquire and improve real estate for the Central Headquarters of the Department, then the building costs, as that term is hereafter defined, shall be apportioned between the parties as follows: Lower Allen Township, 69.81%, New Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%. Ifa municipality desires a "satellite office" in its municipality, then the cost of that facility shall be apportioned to that municipality. b. Operational Costs. Operational costs, as that term is hereafter defined (or, if the preceding section is inapplicable because the parties neither acquire real estate nor enter into a lease purchase, then all costs), shall be apportioned using a formula based on the number of incidents. During the first three (3) years of operation, the percentage of contribution each municipality shall be as follows: Lower Allen Township, 69.81%, New Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%. Definitions, a. Incidents. (l) a itio The term "incident", shall mean a matter or service that results in at least two (2) of the following: (a) a police response; (b) a written report; or (c) the assignment of a case number. The Chief shall have the responsibility to track and tally incidents occurring in each municipality and shall report the number of incidents on a monthly, quarterly, and yearly basis to the Commission. This definition shall be used unless and until modified in accordance with subparagraph (2) below. -6- (2) Review and Modification. The definition of "incident" shall be reviewed every three (3) years and may be reviewed earlier at the written request of any municipality. For the triennial reviews, each municipality shall provide written notice of its acceptance or desire to amend the definition then being used. If modification is requested, the notice shall include a statement of the desired amendment. Similarly, a request to review shall include the modification desired by the requesting party. When modification is requested, the parties shall meet with the Commission and Chief in an attempt to negotiate an amended definition. If the parties cannot unanimously agree on a revised definition, the definition will be determined by the Pennsylvania Department of Community and Economic Development, Center for Local Government Services ("DCED"). It is the intent of the Municipalities that any revised or modified definition fairly reflect the amount of police activity necessary in each municipality to adequately provide the police services required by the Agreement. A new or modified definition may only be applied prospectively at the beginning of a fiscal year and may not be implemented during any budget year in which a prior definition is already being used. (3) Application, For the purpose of determining the number of incidents and the percentages derived therefrom, shall all be calculated by averaging the number of incidents in each municipality for the three years immediately preceding the year in which the formula will be used to apportion costs. In the first year, the number of incidents shall be the number of incidents listed in the feasibility report previously prepared for the Municipalities by DCED. Thereafter, a running average will be used until a three- year history is available. b. Building Costs. The term "building costs", as used in the formula, shall mean and include only: (1) original costs incurred by the Commission and the Municipalities in the acquisition of real estate for and/or the construction or renovation of the initial Central Headquarters of the Department; and (2) if the Municipalities and/or the Commission enter into a lease- purchase agreement for the Central Headquarters, then all rental and purchase payments under the agreement. -7. The tern does not include payments made under a lease that does not constitute a lease-purchase agreement and shall not include maintenance, utility, and insurance costs. These costs constitute "operational' costs as that tern is defined below. C. Opgrational Costs. The term "operational costs", as used in the formula, means all costs of operating the Commission and Department that are not "building costs" as that term is defined above. SECTION C. New Member Admission Fee. Any new member joining the Commission and Department shall be required to pay to the Commission a non-refundable admission fee in an amount determined by the Commission. Said fee must be paid by a new member before its membership becomes effective. ARTICLE VI FINANCES SECTION A. ud et The budget for each calendar year shall be prepared, submitted, approved, and adopted in accordance with the provisions of this section. 1. Budget Submission. Each year, the Commission shall prepare and approve, by a majority vote, a proposed annual budget. The Budget shall be submitted to the Municipalities for consideration and approval no later than September 1 of the year immediately preceding the fiscal year for which the budget is proposed. 2. Municipal Approvals. By November 1, each municipality shall provide written notice to the Commission and all other parties of its approval or disapproval of the proposed budget. Notice of disapproval shall state with particularity the reasons for disapproval and identify the line-items and other portions of the budget with which the Municipality disagrees. A municipality that fails to give written notice of approval or disapproval by November 1 shall be deemed to have approved the proposed budget. 3. Adoption, After notices are given or approvals are deemed, the adoption process shall be as follows; Approval by All Municipalities. If all Municipalities approve the proposed budget, then the Commission shall adopt the budget as submitted and approved. .g. 2. Approval by One or Two Municipalities, if at least one, but not all of the Municipalities approve the proposed budget, then any party may request a budget meeting by sending a written request to the Commission and all other Municipalities no later than October 15. If a request is sent, the Commission and the Municipalities shall meet at least once, and may hold as many additional sessions as they may agree; provided, however, that all meetings must be concluded by November 15. (1) Revisions, If meetings are held and result in a revised budget that is approved by all Municipalities, the Commission shall adopt the budget as revised and unanimously approved. (2) No Meeting or Agreement on Revisions. if no request to meet is sent, or if meetings do not result in a revised budget that receives unanimous approval, the Commission shall adopt the proposed budget subject to the following limitations: (a) if two Municipalities approved the proposed budget, the final budget shall not exceed an amount equal to sum of i. the prior year's budget, plus ii. five (5%) percent for non-salary items, plus iii. increases required by the police collective bargaining unit agreement for the fiscal year in which the budget will be implemented. (b) if only one Municipality approves the proposed budget, the final budget shall not exceed an amount equal to sum of i. the prior year's budget, plus ii. Three (3%) percent for non-salary items, plus iii. increases required by the police collective bargaining unit agreement for the fiscal year in which the budget will be implemented. No Municipal Approvals. If no Municipality approves the proposed budget, then the Commission shall submit a revised budget by November 15. At or before its first municipal meeting in December, each Municipality shall send written notice to the Commission and all other parties of its approval or disapproval of the revised budget. If at least one Municipality approves the budget, then the budget shall be adopted in accordance with the provisions of paragraphs 3a, or 3b(2)(a), or 3b(2)(b) of this Section. If no Municipality approves the revised budget, the parties received and agreement is not reached by December 31, the budget shall be deemed to be an amount equal to the prior year's budget plus increases -9. 4. Adoption Deadline. In all cases, the Commission shall adopt the budget no later than December 31, of the year immediately preceding the fiscal year in which the budget will be implemented. 5. Building Costs", as that term is defined and used in Articles V and X, shall not be paid from the budget. Each Municipality shall be individually responsible for its share of the "building costs" and shall make its payments relating to building costs directly to the person or entity to whom the payment are owed. These costs shall be apportioned between the parties as follows: Lower Allen Township, 69.81%, New Cumberland Borough, 25.77%, and Shiremanstown Borough, 4.42%. If for auditing, accounting, or other official purposes, "building costs" are required to be shown in the Commission's budget and reports, the building costs shall be listed in a separate category and, if necessary, a note stating that the costs are paid by the Municipalities shall be added. SECTION B. Payments to Commission. Each municipality shall pay to the Commission proportionate shares of the annual budget appropriations monthly on the first day of each month for the year. A penalty fee of 1.50% per month (10% annually) shall be imposed upon the monthly payment of any municipality whose payment is not received the Commission by the tenth day of the month. SECTION C. Fiscal Year. The fiscal year of the Department shall be January 1 through December 31. SECTION D. Bank Deposits. All monies of the Commission or Department, from whatever source derived, shall be paid to the Treasurer of the Commission. Said monies shall be deposited by the Treasurer in a separate account in a bank located in the Police District. Monies shall be invested in accordance with Commission Policy, pending disbursement for services. The account, to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations of the United States, the Commonwealth of Pennsylvania, or the Municipalities, having an aggregate market value at all times at least equal to the balance on deposit on such an account. The monies in said account shall be paid out on the warrant or other order of the Treasurer, or of such other person as the Commission may authorize to execute such warrants or orders. The Treasurer shall give bond in such sum as approved by the Commission, and the premiums shall be paid by the Commission. SECTION E. Annual Reoort. Audit. By April 15 of each year, the Commission shall file an annual written report with the Municipalities covering its operations and the police work of the Department. At minimum, the report shall summarize the activities of the Department, note any crime trends, set forth by municipality and initial the number and types of incidents and any trends related thereto, make recommendations for improving police service, and propose capital improvements, expenditures, and manpower allocations for subsequent years. The Commission shall have itsbooks, accounts, and records audited annually by a Certified Public Accountant. A copy of -10- the audit report shall be attached to, and be made a part of, the annual report. A concise financial statement shall be publicized annually, at least once, in a newspaper of general circulation in the participating Municipalities. If the Commission fails to make such an audit, then the auditors or accountants designated by any one or all of the participating Municipalities shall be authorized from time to time to examine the books of the Commission and Department, including their receipts, disbursements, sinking funds, investments, and any other matters relating to thew financing and affairs. The Attorney General and also Auditor General of the Commonwealth of Pennsylvania shall have the right to examine the financial books, accounts, and records of the Commission. SECTION F. Monthly and Quarterly Reports. The Commission shall submit monthly reports to the Municipalities. The form and content of the reports shall be developed by the Commission subject to approval by the Municipalities. At minimum, the reports shall summarize the activities of the Department and list, by Municipality, the number of incidents (as defined in Article V, Section B) occurring in each Municipality during the month. The Commission shall also submit to the Municipalities quarterly budget reports and financial summaries. SECTION G. Revenues and Fund Balance. Monies collected for fines, parking fines and traffic violations will be forwarded to the individual Municipalities in whose jurisdiction the finestviolations occurred. These monies shall be considered Commission revenues and used to reduce the assessments for the Municipalities for which they were collected. Regional police revenue will include charges for fingerprinting, sale of accident reports, and private donations. The Commission will apply for all available federal and state grants, including FAST Cops, D.A.R.E., and Regional Police Assistance grants. Department reimbursements will include Drug Task Force, Attorney General Special Operations, County DUI Checkpoints, and Heart and Lung. A operating reserve fund balance of approximately one month's expenditures will be built up over a five year period to aid in covering unanticipated expenditures. A Capital Improvement Fund of at least 5% ofyearly expenditures will be built up over a five (5) year period and maintained thereafter. SECTIONH. StartupCosts Startup costs consisting of legal fees, building costs, arbitration and all other costs necessary to begin operations will be shared on a percentage basis by the Municipalities as follows: Lower Allen Township, 69.81 %, New Cumberland Borough, 25.77°/x, and Shiremanstown Borough, 4.42%. ARTICLE VII JURISDICTION AND POWER SECTION A. Responsibility. Jurisdiction. and Authority. The Commission shall have the responsibility, jurisdiction, and authority to supervise and direct all police activities of the Department and shall provide police services as required in the Police District. The services shall include, without limitation, investigation of all crimes and complaints, enforcement of laws and ordinances, and all other law enforcement services that are normally provided by a municipal police agency or are necessary to preserve the peace. SECTION B. Supervision, The Department's sworn police officers and civilian personnel shall be under the direct supervision of a regional Chief who shall be the Department's highest ranking officer. The Chief shall report and be responsible to the Commission. SECTION C. Personnel Policies. All appointments, removals, promotions, and suspensions shall be made by the Commission pursuant to uniform policies established by the Commission. The Commission shall make uniform policies on wages, hours, and conditions and terns of employment and other matters relating to effective police service, consistent with the laws of the Commonwealth of Pennsylvania and Civil Service Rules and Regulations. The Commission shall adopt a written personnel policy covering all the sections of this Article and make same available for distribution to the parties to this Agreement. SECTION D. Powers, The Commission shall have the responsibility, for and jurisdiction to perform all, actions customary and appropriate to provide police services to the Municipalities and Police District in accordance with this Agreement and applicable law. In order to carry out these responsibilities, the Municipalities, subject to the terms of this Agreement, grant and delegate to the Commission the functions, powers, and responsibilities they have with respect to the operation, management, and administration of a municipal police department as well as the express authority to: 1. lease, sell, or purchase real estate, subject to the unanimous approval of the municipalities; 2. lease, sell, or purchase personal property; 3. enter into contracts for purchase of goods and services, and collective bargaining agreements; 4. hire, fire, suspend, promote, demote, discipline, set salaries and otherwise deal with employees; 5. serve as a hearing body; 6. establish and maintain bank accounts and other financial accounts; 7. invest monies; 8, borrow monies; 9. establish, enter into contracts for, and fund policies of group insurance and employee benefit programs, including social security and pension funds; -12- 10. delegate any of its powers, expressed or implied, to the Police Chief or his next in command, in the discretion of the Commission; 11. obtain legal, accounting and other professional services; 12. bargain with police officers; and 13. swear-in officers and cause oaths of office to be administered. In addition, the Commission shall have the authority necessarily implied and incidental to carrying out its purposes in providing police services and protection to the Police Department. SECTION E. Codes and Laws. 1. Intergovernmental Cooperation Act. The Commission shall be bound by the provisions of the "Intergovernmental Cooperation Act", 53 Pa. C.S.A. Section 2301 et. Seq., and the terms of this Agreement, which is entered into under authority of the Act. 2. Govemin¢ Law. The Commission shall be bound by the provisions of all laws, both state and federal, which are applicable to the employment of police officers in Boroughs and First Class Townships, and shall retain any and all defense with respect thereto granted or created by statute, case law, or common law. The Commission shall specifically be bound by the Civil Service Provisions of the First Class Township Code. Notwithstanding any other provision of this Agreement, any modification to this Section shall only be made in accordance with such laws. The Cumberland Metro Police Commission shall abide by the provisions of 2 Pa. C.S.A. 101 et seq., commonly known as the Local Agency Law. 3. Records. Documents, and Meetings. The Commission shall be bound by the general laws relating to public records, documents, meetings, and hearings that are applicable to the Municipalities, including the "Sunshine Act", 65 P.S. Section 271 et. seq., the Pennsylvania Right-to-Know-Act, 65 P.S. Section 66.1 et. seq., and the Local Agency Law, 2 Pa. C.S.A. Section 101 et. seq. ARTICLE VIII PENSIONS SECTION A. Pension Fund. Each Municipality will transfer their uniform and non-uniform pension plan assets for employees which transfer to the Department into a combined plan and will remain liable for any unfunded liability portion of their individual plan(s). In addition, on a yearly basis each municipality will request state aid for their prorata share of the annual minimum municipal obligation. The Department may exercise the option to lease non-uniform employees from participating municipalities. -13- The timing, method, and procedure for the merger and creation of the regional pension system shall be accomplished in accordance with a plan developed by the actuary consultant and other pension experts hired by the Commission and under applicable law. The Municipalities agree to cooperate with each other and the Commission in the creation of the regional pension plan and to execute any documents and adopt any ordinances that may be necessary to create the new plan and achieve the purpose and intent of this Article. Upon creation of the new regional pension plan and transfer of assets and liabilities, the Commission shall assume full responsibility for the accrued pension liability attributable to its officers who, as of December 31, 1999, had been police officers and non-uniformed employees employed by one of the Municipalities. The Commission shall indemnify and hold harmless the Municipalities from any and all claims made against them by any police officer, their heirs, executors, and administrators based on said accrued pension liability. The funds from the Foreign Casualty and Insurance Company (Act 205,1984, P.L. 1005,53 PS Sec. 895.101 et. seq., or any other act subsequently enacted) distributed to the Municipalities by the Commonwealth of Pennsylvania may be forwarded by the Municipalities for the purposes authorized under such act governing the operation of the police pension funds, the amount credited against proportionate shares of total costs to be paid by the Municipalities, to the extent that the police pension fund is fully funded. SECTION B. Dissolution. In the event of dissolution, pension assets shall, to the extent permitted by applicable law, be distributed as follows: Accrued Liability. A municipality hiring officers who, at the time of dissolution, were members of the Department and participants in the regional pension plan shall assume full responsibility for the accrued pension liability attributable to such officers. The commission shall turn over to that Municipality from the regional pension plan a sum sufficient to fund the accrued liability assumed by the municipality. The amount tendered shall be used to fund the assumed pension liability of officers hired and for no other purpose. Upon the assumption of accrued pension liability, the municipality receiving funds shall indemnify and hold harmless the Commission from any and all claims made against them by any police officer, their heirs, executors, and administrators based on said accrued pension liability. 2. Unencumbered Funds. The Commission shall distribute remaining unencumbered assets of the regional pension fund, or any portion thereof which the Commission is permitted by law to transfer, to the Municipalities in the same proportion that the Municipalities contributed assets to the regional plan at the time it was created. Provided, however, that before such distribution may be made, each Municipality hiring former regional police officers and plan participants shall first receive a sum sufficient to fund the accrued liability it has assumed for such officers. This distribution of pension funds under this subparagraph shall be determined solely by -14- the actuarial consultant for the regional pension plan at the time of dissolution. ARTICLE IX CONTRIBUTION OF PROPERTY AND EQUIPMENT All police equipment, materials, and supplies of the parties' existing municipal police departments, including, but not limited to, vehicles, weapons, computers, communications equipment, furniture, and other personal property (hereinafter "property'), which are useful to the regional operation, shall be inventoried and offered to the Commission. Each municipality shall submit a list of its property to the Commission. The Commission shall decide which property it desires to utilize and said items shall be transferred by the Municipalities to the Commission for use by the Department effective January 1, 2000. Items transferred shall become the property of the Commission and shall be conveyed "as is". Items transferred shall be listed and recorded at fair market value, based on current prices in this region for like property. The Municipalities shall agree on the value of items transferred. If the Municipalities cannot agree, then the values shall be determined by qualified appraisers selected by the Commission. The Commission shall provide each municipality with a complete list of all items transferred and their recorded values. ARTICLE X POLICE HEADQUARTERS AND REAL ESTATE SECTION A. Location, The regional police headquarters ("Central Headquarters") shall be located within the Police District as determined by the Municipalities and the Commission. SECTION B. Agreement to Provide Headquarters. The parties shall lease, purchase, construct, or renovate a suitable Central Headquarters for the Commission and Department. The cost, type of interest acquired, and the nature and language of agreements entered into with third parties shall be determined by unanimous agreement of all Municipalities. With respect to the type of interest acquired, the following shall apply: Purchase of Real Estate. If the Municipalities purchase real estate and construct or renovate the Central Headquarters, then: a. ownership. The Municipalities shall each own thew percentage interest in the real estate. The parties hereby waive any right or remedy they have as co- tenants to partition or divide the property, seek equitable or legal rent from each other, or assert any similar remedy, and in substitution of remedies otherwise available at law or in equity agree that the withdrawal and dissolution provisions of Articles XVII and XVIII shall be their sole and exclusive remedies against each other as co-tenants. The deed under which the Municipalities hold title shall state that the parties' respective interests in -15- ,,. the real estate are subject to the terns and conditions of this Agreement. On withdrawal, the withdrawing Municipality shall cease to have any ownership interest or right to use the Central Headquarters and shall deed its interest in the property to the remaining municipalities. Other terms of withdrawal are set forth in Article XVII. The Municipalities shall not mortgage, pledge, or otherwise encumber the real estate or their respective interests in the real estate. b, Payment. The original cost to acquire, construct, renovate, or otherwise improve the real estate that will be used as the initial Central Headquarters shall constitute "building costs: as that term is used and defined in Articles V and VI. Each Municipality shall be responsible for paying and providing their percentage share of the total project cost for acquisition and improvement. If any Municipality borrows money to pay its share of the cost, the loan or other debt service shall be taken out or incurred only in the name of the Municipality that is incurring the debt. Payment of individual loans or other debt obligations shall be the sole responsibility of the Municipality borrowing funds. The real estate comprising the Central Headquarters shall not be mortgaged or pledged as security for any municipal loan or debt obligation. 2. Lease Purchase. If the parties and/or Commission enter into a lease-purchase agreement for the Central Headquarters, the Municipalities shall be named as and deemed to be equal co-tenants. Payments under the lease-purchase agreement shall constitute "building costs": as that term issued and defined in Articles V and VI. Each Municipality shall pay and be responsible for their percentage share of all payments under the agreement. If the parties acquire title to the property pursuant to the terms of the lease-purchase agreement, then the joint ownership provisions of this Agreement shall apply. Any option that maybe exercised prior to the end of the term of the lease-purchase agreement shall be exercised only by the unanimous agreement of the Municipalities. On withdrawal, the withdrawing municipality's payment obligations will become the obligation and responsibility of the remaining Municipalities. The withdrawing municipality shall cease to have any interest in the lease-purchase agreement and real estate and shall not be entitled to reimbursement of any monies paid under the lease-purchase agreement prior to withdrawal. 3, Lease. If the Municipalities enter into a lease that does not constitute a lease- purchase agreement, then the lease or rental payments shall constitute "operational costs" as that tern is used and defined in Article V. The Municipalities shall be equal co-tenants. On withdrawal, the withdrawing municipality shall remain responsible for its share of lease or rental payments, in the same portion as its funding assessment (as calculated pursuant to Article V) in the year of withdrawal, for a period of two (2) years. -16- 3. Lease. If the Municipalities enter into a lease that does not constitute a lease- purchase agreement, then the lease or rental payments shall constitute "operational costs" as that term is used and defined in Article V. The Municipalities shall be equal co-tenants. On withdrawal, the withdrawing municipality shall remain responsible for its share of lease or rental payments, in the same portion as its funding assessment (as calculated pursuant to Article V) in the year of withdrawal, for a period of two (2) years. SECTION C. Right to Use. No matter what type of interest is acquired in the Central Headquarters, the Commission and Department shall have the right to use the Central Headquarters for as long as the Commission and Department remain in existence. If the municipality in which the Central Headquarters is located withdraws from the Commission and Department, the Commission, Department, and remaining Municipalities shall have the right to use and exercise police powers, authority, and jurisdiction at the Central Headquarters and on the real estate on which the Central Headquarters is located. The withdrawing Municipality shall be obligated to execute any documents and agreements and adopt any ordinances and resolutions necessary to authorize the Commission and Department to exercise such police power, jurisdiction, and authority within its jurisdiction. ARTICLE XI POLICE RECORD SYSTEM Under the direction of the Commission, the Department shall establish and control a complete and up-to-date uniform police record system after first assembling all records of the existing Municipal police departments. ARTICLE XII INSURANCE AND IMMUNITY SECTION A. Insurance. Waiver of Claims. The Commission shall maintain adequate liability insurance coverage against claims arising out of the activities of the Commission and Department. The Commission and Municipalities shall be named as named insureds on all liability insurance policies. Each Municipality hereby waives any and all claims and causes of action against the Commission and all other parties to this Agreement that may arise out of their police activities or the activities of the Commission and Department. The Commission and the Municipalities shall cause any insurance policy providing liability coverage against claims arising out of their police activities to contain a waiver of subrogation clause or endorsement under which the insurance company waives its right to subrogation against each party to this Agreement as to any and all causes of action or claims that may arise out of police activities hereunder. -17- SECTION B. Immunity. The police services performed and the expenditures incurred under this Agreement shall be deemed for public and governmental purposes, and all immunities from liability enjoyed by each Municipality within its boundaries shall extend to it participation and police service outside its boundaries. Similarly, as a matter reciprocal to the responsibilities, duties, authority, and jurisdiction delegated under the Agreement, the Commission, the Department, and their employees and officers shall have the same immunities from liability, the same limitations on damages, and the same rights, protections, and benefits as the Municipalities and officers in individual Municipal police departments have under all applicable laws. SECTION C. Proportional Liability. For purposes of liability in actions arising out of regional police services or the activities of the Commission and Department that are not covered by insurance protection, the Municipalities shall be liable in the same proportion as their funding assessment (calculated pursuant to Article V) in the year in which the event giving rise to liability occurred. This provision does not and should not be construed as expanding the liability of the Commission or the Municipalities. All immunities, limitations on liability and damages, protections, and defenses under the laws of the United States and of the Commonwealth of Pennsylvania shall apply and are expressly preserved. ARTICLE XIII JOINDER OF ADDITIONAL MUNICIPALITIES SECTION A. New Members. Additional municipalities may become parties to this Agreement upon application to and acceptance by the Commission, approval by all the participating Municipalities, payment of the admission fee, and formal acceptance by the applicant Municipality of the provisions of this Agreement, as amended, an all other governing documents. SECTION B. Sale of Police Services. The Commission may permit the purchase of police services by nonparticipating Municipalities on terms established by the Commission. ARTICLE XIV ACCRUED LEAVE Each Municipality shall be responsible for any accrued vacation and/or sick leave payments, payments in lieu of health plan participation, etc., due to its police officers for service with the Municipality through December 31, 1999. These payments shall be satisfied prior to the start date of the Department, or the Municipality may have the option of banking such funds and carrying over such payments. -18- ARTICLE XV INTERPRETATION OF AGREEMENT SECTION A. Informal Dispute Resolution. All disputes arising out of interpretation of this Agreement shall be resolved by the Commission, and if the dispute is not resolved within thirty (30) days, then by a vote of the Municipalities, each body casting one vote as determined by a majority in each governing body within the next thirty (30) days. SECTION B. Judicial Dispute Resolution. The above non-binding, internal method of dispute resolution shall be mandatory and shall be deemed a condition precedent before any municipality may institute a suit or claim in any Pennsylvania court of competent jurisdiction, the right to institute suit being expressly reserved by each party. ARTICLE XVI TERM SECTION A. Tenn. The initial term of this Agreement shall be for a period commencing with the execution of the Agreement through December 31, 2003. The Agreement shall thereafter renew automatically from year to year subject to termination, or amendment, by vote of two third (2/3) of the Municipalities, and in the event of termination, said two-thirds (2/3) vote occurring at least one (1) year in advance of the effective date of termination. SECTION B. Agreement Not to Withdraw. By accepting and signing this Agreement, each parry expresses its belief that a regional police department is in the best interest of the member Municipalities. As a result, and because of the great amount of time, dedication, and cost expended in the formation of the Commission and Department, the parties commit not to withdraw or institute dissolution proceedings during the initial term of this Agreement. ARTICLE XVII WITHDRAWAL SECTION A. Withdrawal, After the initial term of this Agreement, a Municipality may withdraw from the Commission and participation in the Department by giving written notice of its intent to withdraw, by certified mail, return receipt requested, to the Commission and all other parties at least one (1) year prior to December 1S of the year preceding the year in which the withdrawal is to be effective. If notice of a Municipal's intent to withdraw is timely sent, such withdrawal shall be effective January 1 of the second following year. .1g- SECTION B. Dissolution. The withdrawal of less than two-thirds (2/3) of the participants at any given effective date shall not work a termination or dissolution of the Commission and Department. In the event that a Municipality withdraws while there arc only two (2) Municipal participants, the withdrawal shall constitute a dissolution. SECTION C. Payments and Obligations on Withdrawal, 4. Costs of Withdrawal. The actual and identifiable costs of withdrawal, including but not limited to appraisal, transfer, and recording costs, which are directly or indirectly attributable to the withdrawal, shall be the responsibility of the withdrawing municipality. The withdrawing municipality shall pay or reimburse the costs directly to the Commission or may elect to have the costs deducted from the amount it receives under paragraph 2 below. 5. Value of Contributed Prooertv. The withdrawing municipality shall receive, in cash or in kind at the option of the Commission, an amount equal to the recorded fair market value of the property it transferred and contributed to the Commission in ac^ordance with Article IX. Property transferred by the Commission in-kind to satisfy this obligation shall be valued, in the manner stated in Article IX, as of the effective date of withdrawal. Any cash payment shall be made at the time of withdrawal. 6. Real Estate. If, at the time of withdrawal, the Municipalities jointly own real estate that is used as the Central Headquarters of the Department, the following shall apply: a. v-Ou The remaining Municipalities shall pay the withdrawing Municipality an amount equal to the LL= of: (1) the withdrawing Municipality's percentage share of the original cost (not including loan or debt service transaction costs or subsequent debt service payments)to purchase the real estute and renovate or build the initial Central Headquarters; or (2) share of the fair market value of the real estate at the time of withdrawal. b. Payments, Payment shall be made in consecutive, quarterly installments, without interest, over a period determined by the remaining Municipalities, not to exceed ten (10) years. Payments shall begin ten (10) years from the date the Central Flcadquarters was first occupied or six (6) months after withdrawal, whichever is later. In the event of dissolution of the Commission and Department after the withdrawal of a party, payment of any balance due to the withdrawing Municipality shall be made on the -20- same basis as if the withdrawing Municipality were still a participating Municipality at the time of dissolution. C. Interest in Real Estate. As of the date of withdrawal, the withdrawing Municipality shall cease to have any interest in the real estate. The withdrawing Municipality shall deed its interest in the real estate to the remaining Municipalities. 7. Lease Purchase. If the Commission and the Department are using and occupying the Central Headquarters under a lease-purchase agreement entered into by the Commission and/or Municipalities, the withdrawing Municipality's interest in the agreement and its tenancy and right to use the real estate shall cease as of the date of withdrawal, and the Municipality shall not longer have any obligation to make payments under the agreement. The withdrawing Municipality shall not be paid or reimbursed for any payments made under the lease-purchase agreement prior to withdrawal. 8. ease If the Commission and Department arc using and occupying the Central Headquarters under a lease entered into by the Commission and/or Municipalities that does not constitute a lease-purchase agreement, then the withdrawing municipality's interest in the lease and its tenancy and right to use or occupy the real estate shall cease as of the date of withdrawal. However, its obligation to make lease or rental payments under the lease shall continue for two (2) years. The withdrawing Municipality shall not be entitled to be paid or reimbursed for any payments made under the lease prior to withdrawal. ARTICLE XVIII TERMINATION AND DISSOLUTION SECTION A. Termination. Dissolution. Vote, After the initial term of this Agreement, any party may institute dissolution proceedings by obtaining a vote of two-thirds (2/3) of the Municipalities who arc then parties to this Agreement not less than one year in advance of the effective dissolution date. SECTION B. Dissolution Procedures. In the event of dissolution, all facilities, real estate, vehicles, equipment, materials, supplies, and other property acquired and accumulated by the Commission and Department, shall be appraised by appraisers appointed by the Commission for purposes of determining the fair market value of such assets. Thereafter, within three (3) months: A. The Commission shall first pay all lawful debts and obligations incur•ed during its term of existence, including the costs of dissolution. -21- B. Any remaining cash, and all vehicles, equipment, materials, supplies, and other property (except real estate) shall be distributed, in cash or in kind, to the Municipalities in the same proportion as each party's "funding assessment", as that term is defined in subsection (c) below. If an equitable in-kind distribution cannot be agreed upon by the Municipalities, all or any portion of the property shall be liquidated and the proceeds distributed as aforesaid. C. All real estate owned by the Commission and/or jointly by the Ahadcipalilics pursuant to this agreement shall be sold. The Municipalities shall have ninety (90) days in which to reach unanimous agreement on it purchaw by one of them or on the tents of a public or private sale. If no agreement is icachcl, Ihcn the Commission, acting as the parties' agent, shall sell the real estatt: In accordance with applicable law. All proceeds of sale shall be disiributed lit the Municipalities in equal shares. D. Each Municipality shall be responsible till all remaining debts, obligations, and unfunded or contingent liabilities of the Conunission and I lepmtntcn in the sonic proportion as its "funding assessment", as defined in subsection (e) below. E. For the purposes of these dissolution procedures, the Municipalities' "liuhding assessment" shall be determined by averaging the funding assesbnctib calculated under Article V for cost-sharing purposes in the three (1) yeaib hnohci i.nely preceding the effective date of dissolution. SFCTION C. Cessation of Department ;gta (pltlllllLtlun: I he Depiaunenl bludl disband and cease operation as of the effective date of i ibbololimi. at which lime each Municipality shall be responsible for providing its own police protection. I he t'onhntibsfon shall remain in existence until it winds up its affairs and completes Ilhc disbololiort procahucs specified in Section B above. SFCTION D. Y_?1Ll y s 4Yc?l.!J r1_!?I!!I?I!:II'ALI LY. II al any lime a t,hmicipality withdraws from the Commission, or the police liucc is disbanded, t,lunicipahry(icb) shall, within thiny days thereafter, establish a municipal police depiunnem to pio idc services its prior to the passage of this Agreement. Any police officer employed by it Municipality prior to the passage of this Agreement and maintaining employment with the Deparlnhc i as of withdrawal or dissolution, shall be extended an unconditional olficcr of employment under the battle Iemhs and conditions of employment existing at the lime of witlalrawal of uhbbulution. ht. ARTICLE XIX ADOPTION OF AGREEMENT SECTION A. Ordinance, The Municipalities shall advertise and adopt an ordinance authorizing acceptance and adoption of this Agreement, each providing for all action necessary for participation in the Commission. Prior to the start date, each municipal party shall advertise and adopt an ordinance abolishing its individual police department. SECTION B. Cornpliance with Laws. The ordinances shall comply with the provisions of and be adopted in accordance with the Intergovernmental Cooperation Act and the respective First Class Township and Borough Codes. The abolishment ordinances shall provide for an effective date for abolishment of the police departments as of January 1, 2000. ARTICLE XX AMENDMENT This Agreement shall not be amended or modified except by written document, dated and executed by all of the Parties. Any such amendment shall, except where a unanimous vote or consent is specifically required, require the assent of at least two thirds (2/3) of all Parties. ARTICLE XXI MISCELLANEOUS SECTION A. Administration. By agreement as necessary, one of the Municipalities may be selected to handle the Commission's administrative affairs pending the ability of the Commission to do so. SECTION B. Govemine Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania. SECTION C. Headings. The headings, captions, article numbers, and section numbers in this Agreement are for convenience and ease of reference only. They shall not limit or restrict the subject matter that precedes or follows them. SECTION D. Legal Construction. In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect any other provision of this Agreement, and this Agreement shall be construed as if the invalid or unenforceable provision had not been included. SECTION E. Execution, This Agreement shall be executed in four counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument and Agreement. An originally-signed counterpart shall be distributed to the Commission and each party. -23- SECTION F. Contingency. This Agreement is contingent on each Municipality reaching agreement with its police union to transfer police services to the Department and agreement between the Commission and the union representing the officers of the Department which is satisfactory to the Commission. In the event that one or more of the Municipalities cannot reach an agreement with its respective bargaining unit to have police services transferred to the Department, this Agreement shall be void. SECTION G. Definitions. a. "Participant", "Participating Municipality", "Member", "Party", and "Municipality" shall mean a municipality now or hereafter a party to this agreement. b. "Nonparticipating Municipality" shall mean a municipality not a parry to this agreement, but which purchases services pursuant to this agreement. IN WITNESS WHEREOF, the Parties hereto have executed and sealed this Agreement consisting of 21 Articles and 22 pages. ATTEST: (Corporate Seal) (Assistant) Secretary ATTEST: Secretary Approved this _ day of 1999. Mayor TOWNSHIP OF LOWER ALLEN (Vice) President, Board of Commissioners BOROUGH OF NEW CUMBERLAND President, Borough Council -24- ATTEST: Secretary Approved this day of BOROUGH OF SHIREMANSTOWN President, Borough Council 1999. Mayor -25- fi nc? 4 Y O 0 cn r? N X CL. C) N O CA V1 r U sy r -. -.°uworr?cas w UIDO SHLFTAi MULAtiD JO ANNETTE SERLUCO, a IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 99-6404 BOROUGH COUNCIL OF THE CIVIL ACTION - LAW BOROUGH OF SHIREMANSTOWN, Defendant ORDINANCE APPEAL NOTICE TO PLEAD TO: Jo Annette Serluco C/o Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 You are hereby notified to plead to the enclosed New Matter within Twenty (20) days from service herof, or a default judgment may be entered against you. Date: ll-lo-9q SAIDIS, SHUFF & MASLAND By: L. n E. Slike, Eaqu e upreme Court ID #06262 Joseph L. Hitchings, Esquire Supreme Court ID #65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Defendant JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 99-6404 BOROUGH COUNCIL OF THE CIVIL ACTION - LAW BOROUGH OF SHIREMANSTOWN,: Defendant : ORDINANCE APPEAL ANSWER WITH NEW MATTER AND NOW this day of N& J , , 1999, comes Defendant, Borough Council of the Borough of Shiremanstown, (hereinafter "Council") by and through its attorneys, Saidis, Shuff & Masland, and files this Answer with New Matter to Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. It is admitted Council voted to adopt the ordinance, however, Council adopted the ordinance by a vote of 5 to 2, which is greater than a simple majority. 7. Admitted. 8. Admitted. 9. Admitted. 10. It is specifically and unequivocally denied that the action by Council in adopting the ordinance on September 20, 1999, was in any way procedurally irregular or defective. a) The ordinance as published did approve and authorize the Borough of Shiremanstown to enter an agreement with the municipalities of Lower Allen and the Borough of New Cumberland to provide mutual police protection. b) Denied. The ordinance as published properly authorized the Borough of Shiremanstown to enter an agreement for mutual police protection with the municipalities of Lower Allen and New Cumberland, which agreement was to be adopted by resolution of the Borough Council. c) Denied. It is denied that it is required by law that the ordinance, as published, include text of the agreement or incorporate the text within the ordinance itself. By way of further answer, the ordinance as published contained all of the information required by the Intergovernmental Cooperation Act, 53 P.S. 5 2307. 2 d) Denied. The ordinance as published and adopted specified the conditions of the agreement, as required by the Intergovernmental Cooperation Act, 53 P.S. 5 2307. e) Denied. The ordinance as published and adopted specifically stated the duration of the term of the agreement to be perpetual, unless terminated sooner. f) Denied. The ordinance as published and adopted specified the manner and extent of financing, Section 4 wherein it states that the "Cumberland Metro Police Department is to be financed t`y annual appropriations made by each participating municipality toward such total costs in the manner and subject to the condition as set forth in the agreement." g) Denied. The ordinance, as published and adopted, specified the manner in which real and personal property shall be acquired, managed, licensed or disposed of as required by law. Section 6 specifically states, "the agreement shall provide that all the existing property and equipment of each police department shall 3 be contributed or transferred to the Cumberland Metro Police Department. Thereafter, all new purchases of property and equipment are to be made and disposed of as provided in said agreement." h) Denied. The ordinance published August 3, 1999, sufficiently summarized the text of the proposed agreement in accordance with applicable law. i) Denied. It is denied that the ordinance advertisement was contrary to law for failure to refer to a place within the Borough of Shiremanstown where copies of the proposed ordinance and/or agreement may be examined. To the contrary, the ordinance as published included the entire ordinance verbatim as required under 53 P.S. 46006(4) and therefore the ordinance as advertised need not specify a place within the Borough where copies of the proposed ordinance may be examined. By way of " further answer, Plaintiff herself had a copy of the agreement months prior to its adoption and =rz 4 i i II in fact critiqued the same and submitted her critique to Borough Council. j) Denied. It is denied that Council is required by law to provide the full text of an agreement to be entered into by the Borough under the Intergovernmental Cooperation Act and the Borough Code to a newspaper of general circulation in the Borough of Shiremanstown at the time the notice of the ordinance is published. By way of further answer, Council provided the full text of the ordinance which contains all of the information required under the Intergovernmental Cooperation Act, 53 P.S. 2307, to a newspaper of general circulation in the Borough of Shiremanstown as required by applicable law. k) Denied. The meeting of September 20, 1999 was i moved specifically to accommodate the public for purposes of comment on the proposed ordinance and adoption of the agreement. By a way of further answer, notice that the meeting was being moved due to the anticipated large crowd was posted on the Borough Hall and the 5 Borough Chief of Police and a Borough Maintenance worker were stationed at Borough Hall to direct residents to the location of the meeting. 1) Admitted in part, denied in part. It is admitted that Council President Jack Lange announced that 30 minutes would be allotted to the topic of the police merger. However, this time frame was extended well beyond the 30 minutes allotted to the topic as over 25 residents had the opportunity to make public comment on the issue and Council received and acknowledged a Petition signed by 606 residents stating their opposition to the merger. A copy of the minutes from the meeting are attached hereto, incorporated by reference herein, and marked as Exhibit "A". m) Admitted in part, denied in part. It is admitted that Council President Jack Lange announced that the 30 minute period for the public comment on the police merger had concluded. However, after that announcement was made Council continued to take public 6 comment and at least 13 additional persons were given the opportunity to speak at the meeting. n) Admitted in part, denied in part. It is admitted on two separate occasions Council President Jack Lange announced that the 30 minute period had concluded unless someone had something new or different to say. It is denied that ended the discussion, as at least 13 additional people were given the opportunity to speak on the issue following his first announcement that the 30 minute period had concluded. o) Denied. It is specifically and unequivocally denied that Council President Lange, on behalf of the Defendant, in any way improperly limited the right of the public to comment on the police merger. By way of further answer, the public was given a more than reasonable opportunity to present their views to Council on the issue of the police merger. Moreover, the Council accepted and acknowledged the Petition presented to them at the meeting 7 signed by 606 residents voicing their opposition to the merger. 11. Denied. It is denied that the adoption of the ordinance was procedurally defective, irregular or unlawful. To the contrary, Defendant complied with all applicable laws in advertising the ordinance, conducting the Borough Council meeting and voting on the ordinance and resolution. 12. Denied. It is denied that Plaintiff has any cause of action against Defendant whether under 53 P.S. § 46010 or 42 Pa.C.S. § 5571(5). WHEREFORE, Defendant, Borough Council of the Borough of Shiremanstown, requests that this Honorable Court enter judgment in its favor and against Plaintiff and deny the relief sought in Plaintiff's Complaint and declare the ordinance enacted and resolution passed on September 20, 1999 valid. NEW MATTER 13. The averments set forth in Paragraphs 1 through 12 above are incorporated by reference as if the same were more fully set forth at length herein. 14. Plaintiff has failed to set forth a cause of action upon which relief may be granted. 8 15. Plaintiff was at the Council meeting on September 20, 1999, and in fact spoke out during the public comment portion of that meeting against the police merger. 16. Plaintiff had a copy of the police merger agreement months prior to its approval and in fact reviewed it and wrote a critique which was submitted to Borough Council. 17. Plaintiff cannot claim that she was unaware of the date, time or location of the meeting, as she in fact was present, nor could she complain that she was not given an opportunity to comment publicly on the police merger issue. WHEREFORE, Defendant, Borough Council of the Borough of Shiremanstown, requests that this Honorable Court enter judgment in its favor and against Plaintiff and deny the relief sought in Plaintiff's Complaint and declare the ordinance enacted and resolution passed on September 20, 1999 valid. Respectfully submitted, S IS, SHUFF 6 MASLAND Date ! l- ID-'f1 AJA Jo n E. Slike, °squir Af: s Attorney I.D. No.: 06\t 2 Joseph L. Hitchings, Esquire Attorney I.D. No.: 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Defendant 9 7177373407 SRIDIS SNUFF MRSLnND 648 P03 NOV 03 '99 11:32 TREASURER'S ARD 530 CRT The Treasurer's report was previously distributed. Mr. Bouvier made a motion to accept the treasurer's report and file it for audit. With a second by Mrs. Hall, the motion carried. 'S REPORT Citizens Present: Peggy Denison, 211 East Walnut Street John Schaffer, Bible Baptist Church Rodney Hawk, 209 West Main Street Henry Pridirici, 12 S. West Avenue JoAnnotto Serluco, 303 Walnut Circle Alice Herncane, 403 W. Main Street Marion Weller, 34 W. Main Street Richard Harbold, 13 N. Stoner Ave Sharon Harbold, 13 N. Stoner Ave Janice Craft, 314 W. Green Street Pauline Rife, 206 E. Main Street Anna Rounick, 203 E. Main Street Anna Urquhart, 203 E. Main Street Ron Zeigler, 303 W. Maple Avenue Kathy Walters, 95 W. Vine Street Shirley Naylor, 201 W. Green Street George Naylor, 201 W. Green Street Lois Collins, 202 W. Main Street Joseph Metzger, 200 Main Street Fred Newmann, 316 W. Green Street Hannah Newmann, 316 W. Green Street Elizabeth Mott, 317 W. Green Street Barbara Dobie, 317 W. Green Street John Tle, 407 E. Main Street Marcia Irubbard, 239 E. Main Street Douglas Gross, 303 E. Main Street Jay Rountree, 11 W. Main Street Bob Burkholder, 107 W. Vine Street Pat Nester, 1 East Front Street #201 Vanice Coplin, S1 W. Vine Street Gary Foltz, 122 S. Market Street Barbara Beams, 217 R. Walnut Street Margaret Koch, 106 S. Stoner Avenun George Windman, 304 W. Main Street Robin Burns, 118 S. Locust Street Jim Burns, 118 S. Locuot Street Sherry Lantz, Lower Allen Twp PD Brian Nailer, New Cumberland Boro PD Frank Williamson, Lower Allen Twp PD Esther Mellott, 211 Maple Avenue J. Barton, 324 W. Green Street ,,. Dale Mellott, 211 W. Maple Avenue Steve Morgan, 203 E. Walnut Street Thomas Could, 30 W. Main Street Mark Myers, 100 W. Vine Street Doug Kirsch, 308 E. Main Street Roxanne Morgan, 203-H. Walnut Street Gary Werkhaiser, 306 W. Main Street Barbara Phillips Long, 205 W. Green St Betty Flanagan, 203 W. Green Street K E jDEFENDANT'S j? EXHIBIT I 7177373407 SR1D1S SNUFF MRSLAND 648 P02 NOV 03 199 11:32 529 On a motion by Mr. Prather and seconded by Mr. Moor, the minutes of the August 16, 1999 meeting were approved with the following correction: Mr. Slike was not present at the August 16 meeting but was represented by Mr. Karl Ledebohm. BOROUGH COUNCIL MEETING SHIRMLrwcmnw aaNNSYIVANIA The Borough Council of Shiremanstown, Pennsylvania held its regular meeting on September 20, 1999, at 7:30 P.M. Since there was a large public attendance, the meeting wan moved to the Shiremanstown United Methodist Church Gymnasium, 125 Sant Main Street, Rear, Shiremanstown, Pennsylvania. Council Members Present Jack Lange, President Roland Bouvier, V. President Robert Herr Edna Hall Kenneth Moor Paul Shaeffer Richard Prather Borough Officials Prevent John Slike, Solicitor Judith Byra, Secretary Dean Lebo, Mayor George Lane, Treasurer The meeting was called to order at 7:30 P.M. by President Lange. Invocation was given by Mayor Lebo, followed by the Pledge of Allegiance. MAYOR'S REPORT l The following police report was given: August Radio Dispatch Complaints Recd 48 Criminal 2 Traffic Accidents 2 Assist Other Depts 4 PD Revenue $ 197.31 Officer Hours Citations Issued Traffic 8 Non Traffic 0 written warn 7 Verbal Warn 2 Parking Tkts 1 Traffic Tickets/Arrest Owans 194.0 0 Calamvn 195.0 1 Shaughnessy 9.5 0 Anthony 30.0 0 Lutz 57.0 7 Shucy 48.0 O Erin maul, 16 West Main 531 Street J ames Moul, 16 Nest Main Street Martin Kunkel 10 , 61 J. Allendale Road Ralph Mahaffi 2 e, 06 W. Main Street Robert Kimmel 302 E , . Main Street Jannell Reagan, 200 S. Ston er Avenue James Reagan, 200 S. Stoner Avenu S e teve Kenna, 199 E, Walnut Street Bob Miller 21 , S E. Walnut Street Marion Miller 215 E , . Walnut Street Christopher DOasbach , 312 N. Maple Ave John Anthony 4 N , . Green Street Diane Lane, 209 W. Maple Avenue Betty Herr, 210 W, Maple Avenue Donald Daniels, 308 N. Maple Avenue Janet Bouvie r, 307 N. Groan Street Jana Riley 312 W G , . reen Street Charles Stansfield 299 , E. Groan Street Robert May, 100 B. Main Street Peggy Foltz, 122 S. Market Street Ralph C arrolli, 300 W. Courtland Ave Patricia Alexandr e, 111 W. Green Street E. F. Alexandre, 111 W . Green Street Dennis Foreman, 112 W. Green Street Barbara Zeiders, 108 W. Green Street Robert _ Zoiders, 108 W. Green Street Helen Fridiri i c , 12 S. Nast Avenue Lee Bretz, 12 N. High Street Jean Bretz, 12 N. High Street Jamie Ricker, 9 N. High Street Mildred Kaiser, 9 N. High Street Randy Miller, 10 Front Street Apt K Harry Wilber, 110 Front Street Nancy Brenneman, 220 Walnut Circle Joan Kohler, 14 E. Main Street Robert Kohler, 14 E. Main Street (lorb Andrews, 203 N. Courtland Ave Mary Brown, 401 W, Main Street Richard Dcnison, 211 E. Walnut Street Pauline Mountz, 119 E. Green Street Jeffrey Bland, 200 E. Walnut Street Jack Claussr, Ir, 17 Nest Main Street Bill W right, 200 Nest Green Street Louise Loeko Wri ht 2 g , 00 West Green St Elaine Freeman, 167 W. Vine Street Stephanie Hallett, 124 S. Locust Street Ken Vanier 208 , W. Main Street Gary Dorsey 322 N , , Green St. .Jeannie Dorsey, 322 W. Green St Harry marsh, 20 Nest Avenue Albin Nrightstone, Jr, 131 E. Green St. 60:Li 66, V0 MN 20d 999 QNU-1SUW 3-"is SIQIUS LOVELUL1L Ph ligr . POLICE MRROBR 532 President Lange stated that the council will give 30 minutes to thin topic. Mr. Donabach - lived here for 23 years - police merger in trying to circumvent the setup by founding fathers - he seen no reason for a change - if we allow the merger to happen, we will lose name of our freedom James Reagan - Addressed to Edna Hall a Robert Herr . Why did you originally vote against the merger? lrs. Hall - no definite reason however with the 9 to 1 vote against the merger by tax payern I must vote mo. mr. Herr - I came to Shiremanstown because I like the way the town works. The police help the children and the children look up to the police. Harrinburg put morn police on patrol for safety, we'll be taking away patrol. I can't sea where it is saving us money. Herb Andrews - Addressed to George Leae _ Did you submit to council the budget for use in discussing the cost feasibility of the proposed merger? - No - Han council consulted you on the possible impact on the town's overall budget? - No - The proposed merger allows for a s* non-salary budget increase per year plus increases required by the police collective bargaining unit. Now does thin compare to a history of our current police department budget increases? - George Lane - I haven't received a copy of the agreement. The police department budget has gone up 34 on average per year in recent past. Ken Vanier - On Mondays through Fridays he backs out of his driveway at 7 AM and there in alwayn someone on his bumper the whole way down Main Street. He doesn't feel we have police protection during the day. Jeannie Dorsey - Do you think it will change LC we merge? Harry Marsh - He checked the agreement and the increase of SW per year is a top limit if there is a disagreement between the communities and if two communities agree. If there in no disagreement then the increase would be whatever the commission would decide. A Female in audience to Roland Bouvier - Some of the reasoning for merging is to nave money, what will the savings be? What will be the benefits? - President Lange around $9,000. The building costa could reprenent a leased building but probably to start out we would work out of three buildings. - Paul Sheafeer - We will have an improvement in coverage and we will receive state of the art technology, training, and government grants. Jack Clauser - Mr. Slike in his letter dated July 19, 1999 addressed several problems in the agreement for the 60:4I 66. VO OON £0d 999 (whit jjnHS SIQILIS LOPUELLSU. 11:33 533 Proposed police merger. He atated Police Pension, Personnel, Labor Agreements, and Procedures. lie stated that we should only go into this merger if all issues have been answered. I would like to ask neveral members if they have received the showers to all of these inoues. - to Mrs. Hall - Were all issues answered before the vote at the August 16th meeting? No Have they now been answered? No - Mr. Herr - Did you receive the answers to these questions before the vote at the August 16th meeting? No Have they now been answered? No - Mr. Prather - Did you have the answers to these questions before the vote at the August 16th meeting? No Do you now have the answers? Yes. What do you know that the rest of the council doesn't know? My answer is yes, the questions have been answered to my satisfaction. Christopher Donsbach - If people Coal that there is a problem with the police protection in town you do not go outside of the town for the cure, you go to the source. Diane Lane - President Lange, you stated that we do not have police on duty from 2 AM to 8 AM. He do have police that arc on call and we have a mutual aid agreement. What makes you feel that we have a problem? where have you aeon that it is a problem? President Lange - He has received several calla concerning no police protection. In a police merger, if the police are not in town it will take more than 4 minutes for them to respond. Mrs. Lane - How many calls have there been between the hours of 2 AM and 8 AM? How many calls does it take to oubatantiate a merger? President Lange - He doesn't know how many other council members have received but he received 2. To Mayor Lebo - How many calls do you know that were received? He knew of one time that someone called the police and Lower Allen responded but after he talked with the Chief, he found that the chief was on scene well before the Lower Allen officer. Mrs. Lane - In 1997 Lower Allen responded to 6 calla in Shirimianstown while we responded to 48 in Lower Allen and in 1998, Lower Allen responded to 5 calla in Shiremanstown while we responded to 44 in Lower Allen. This means that in two years Lower Allen responded to 11 calla in Shiremanstown and assuming that they were all between the hours of 2 AM and 8 AM, which in impossible, would they truly be a significant amount to enter into a merger? Can you guarantee a 4 minute rmHponsa. President Lange - In his opinion, if you only have one call, it in a significant problem. Kra. Lane - Included in the budget for 7000, there is an entry of $24,000 for building coats, If we are all keeping our sub stations, why in this entry included in the budget. President Lange - The $24,000 in for utilities, rent or leanc. It is possible that we will have all three aub stations but there is a chance that we will have a common npaca. Mrs. Lane - Where would we be able to find a apace for only $24.000? 1 7177373407 SAIDIS SIIUFF MASLAND 640 POS NDV 03 '99 11:33 534 Dick Denison - He has faith in the council and will abide by their wisdom concerning the police merger. He is in favor of the merger. Charles Stannfield - He han lived in the borough for 70+ yearn and his family has lived here longer. They have never had a problem with the police force. He feels that if we merge, our costs could escalate overnight. Ralph Carrolli - He heard a dog barking at 6:10 AM and he went to see what was going on, the dog wan located 2 1/2 blocks away. When he got there, the Chief was walking down the sidewalk. Mr. Carrelli stated that the dog had started barking at 3 AM. James Reagan - He stated that the residento elected the council to represent their best interests. They feel that a merger would provide no advantages for our borough but would have a negative impact in security and coots. At this point, Mr. Reagan presented to council a petition signed by 606 taxpayers of Shiremanstown. They contacted 772 taxpayers of which 606 or 79% were against the merger. This response represents a majority, 51t of the September 1, 1999 Taxpayer rolls, advising council to permanently stop any and all further activity on the proposed merger. Bob Miller - Why try to fix what's not broken? We think bigger is better but look at the school administrations and teachers who can't communicate with students and yet they want bigger schools. How will the students and teachers be able to communicate, how will the police be able to watch the community when they have more area to patrol. He feels that in three years the taxes will be going up about 20t, the school board is talking about raising their taxes. He won't be able to live in Shiremanstown because of the high taxes. Rdna Hall - we just heard from Mr. Reagan that the majority of our taxpayer residents do not want the police merger activity to continue. The petition with the lint of names and addresses in front of each of us carry with them a very serious and very clear message. Since the number of signatures on thin petition represents a majority of taxpayers in Shiremanstown, r move that we rescind the ordinance made on August 16, 1999 and stop all further action-on the proposed police merger. There is a time honored practice of making a decision by majority rules. The decision by the majority of taxpayers now nits in front of us. A second wan made by Robert Herr. President Lange - Since thin ordinance.haa been passed under conditions of the agreement we essentially don't have approval unless the mayor signed it no can we rescind something that hasn't been completed? Mr. John Slike - To enact an ordinance you must pre advertise it. lie was not i aware that a motion was to be made before the action of the Mayor. tie feels that the proper action would be for MASLAND 640 P06 NOV 03 '99 11:33 535 the Mayor to give his report as to whether or not he is going to sign the ordinance and then you can have a motion to rescind the ordinance or to reaffirm it. President Lange - Edna is that OK with you? Edna Hall - That's fine with me. Rodney Hawk - Are you still taking comments? President Lange - Our half hour is up and unless someone has something now or different to report, I would like to continue on with the meeting. Rodney Hawk - He had heard from Boma people on the street that some of the information given by the petitioners was incorrect, flow many of the people knew what they signed. He feelo that the people needed more information before they made a decision. E. P. Alexandre - He objects to anyone who signed a petition and says that they don't know what they signed. To the gentleman that says he is tailgated going down main Street, he has seen the police stop care on main Street. East Main Street Resident - A lady told me that there won't be any crossing guards. Charles Stansfield - One time when an alarm went off in their office and home, they ran down the steps from their home and the police worn already in front of their building. if there are problems, the Mayor should be asked to inform the police of the problem and to make sure that it doesn't happen again. Ralph Carrelli - There should have been a petition to see how many taxpayers were for the merger. When asked by another citizen why he didn't take one around he answered that he didn't have the time. President Lange - Unleou someone has something new to add to thin, I want to call it to a halt. Erin Moul - I was one person who took the petition around and I would like to tell you what I said. I knocked on the door and said "Hi, I live here in the Borough of Shiremanstown and I would like to auk you to sign a petition to uave our police department. If you don't think you can, I thank you and have d good day.• That is exactly what I oaid. JoAnnette Sorluco - I feel that it is p tremendous insult to think that 606 people could be duped into uigning a petition. The petitioners asked if they should have a list of facto but i said that the petition is self explanatory. The petitioners worked very hard going door 1. to door day and night herduse they felt it was important to the community S %- F MRSLAND 648 P07 NOV 03 '99 11:34 Janet Bouvier - What happens when our current Chief 536 retiree? President Lange - We'll have to got someone else. Doug Gross - At first when he was naked to sign the petition he said no to the police merger but they said to him that they want everyone to sign, he then realized what he signed and crossed his name off. Ron Zeigler - He is against the merger because he regularly drives on Main Street and usually seen the police car at Main L Washington waiting for speeders. If we didn't have the police here all the time, people really wouldn't care and we would have more speeders. He fools it in important to have the police seen. Janice Craft - The Chief and staff have a familiarity that wouldn't be there. The Chief is able to recognize when something is amino at a resident's home. Stay with our own police department and hire another officer to cover the 2 AM to 8 AM shift. Harry Marsh - If we do not join now and want to join later there will probably be a fee that we would need to pay. A Borough Resident - How many officers are assigned to each shift in Lower Allen and New Cumberland. What is their ratio of police to residents and how does it compare to ours. Not known. Mayor Lebo - lie read a letter addressed to Borough Council with the following list of reasons that he cannot approve the Ordinance approving the proposed Police Merger. Unknown start up cents and unknown increases in the yearly budget. Loan of protection ie. Instead of having officers being on call for a portion of the day, we would be on call 24 hours a day. All of our police equipment plus police carp would be given away and therefore if we found that the merger was not what we thought, we would not be able to go back to having our own department. Part time officers who have served the borough well would be gone. Loss of small town atmosphoro ex. Residents know and trust the Chief, Officer Calaman and other Shiremanotown'n officers. If a crossing guard gets sick, where would the i coverage come from and would the children feel comfortable with a stranger. 'l1'r?S1J40Y SAIDIS SVUP MHSLAND 648 P10 NOV 03 199 11: 539 petition. Mr. Sheaffer made a motion to appoint these three gentlemen to the police commission. With a second by Mr. Bouvier the motion carried with a vote of 5 to/.I The no votes were given by Mrs. Hall and Mr. Harr. f?: Citizen - If a council member who is on the commission is A?021er" voted out of office what happens to his seat on the Qpri commission? President Lange - A new representative will be appointed. 8:45 PM Break for 10 minutes. FINANCE AND PBRSONNRL Mr. Prather met Friday with the part time police officer applicant Andrew W. Paul. Mr. Prather made a motion to hire Mr. Paul as a part time police officer at a pay rate of $7.50 per hour, with a second by Mr. Moor, the motion carried. Mr. Prather made a motion to raise the salary of Ed Michaels from $7.10 to $9.10 retro active to the date he assumed his now position. with a second by Mr. Moor, the motion carried. WHST SHORE BACH TAX DVREAU No report. RECRRATION COMMITTER b RECREATION BOARD The committee met on September 13, 1999. Parvin Paving has submitted a bid to repair the basketball court. Two other contractors were contacted but did not submit a bid. The slide at Manor Park is broken again, He will gat parts and have it repaired. Charcoal Orills will be purchased at a price of $172 each. The board would like to make the Recreation Department Assistant a full time position. The estimate increase in the budget would be $529.45. This was a part ? w time position. Mr. Sheaffer will find out the current C a salary for tho,Director and the part time salary for an assistant. This will be presented for the 2000 budget. Q CODE RNFORCEMBNT/ ?A?, ZONING OPPICER There was one building permit in August-,-, $8 in fees were collected. t 540 SOLICITOR'S RgPORT Mr. Slike - Washington Avenue - At the last meeting we went over a paper he prepared of hin findings giving the history of the street and what he thought the Borough should do at this point. Since then he received communication from the attorneys on both sides and they don't alter what he had in the memorandum. There were two isauen that needed to be addressed. Tkp firot is,did the required number of abutting owners sign the petition and too second was did r. a orough want to open the street. He cannoe f nd t tree wee proper v dedicated as a borough street. Fe s r mow on borough plans but did thin pen with consent or at the inoietence of property owners. For the borough to have the ability to accept a public street where no paper work has been done, there must be an actual opening. lie does not know if the borough ban a right to open the street. He had previously suggested to the church that they prepare a suit for court seeking a decision as to whether the borough ban a right to open the street. it is still his view that the borough should have a definitive answer by the court regarding the status of the street. There in 60 feet that does not belong to Mrs Brown nor Mr. Boyer but could belong to the heirs of Mr. Harro. If we get a decision from the court we could then make the decision if we want the street opened and then we would need an agreement with the church stating that they will bear the cost of paving and curbing Ond they will indemnify the borough against any damage against any abutting property owners. Mr. Errands - The street in not owned by the abutting property owners and 3 of 5 abutting property owners signed a petition that the street should be opened. Rather than tie thin matter up in court to determine if it can be opened when on face it in opened and has gravel down and ban been used consistently ovnr the past 21 years. Mr. Slike - whero according to the petition,doon the proposed street opening end, on the North or South aide of Vine Street and the attached plan shove that it ends on a bias on the North end? Mr. Errands - Yen, it ends on u bias. Mrs. Herncane - Mrs. Brown and Mr. Boyer are now in possession of an adverse pounesnion in the Harro property. They are attaching it to their decdo. Mr. Slike - if the borough owns the street, they cannot adverse ponsona the street. The town plan can be evidence of a dedication of street. President Lange - According to Mr. Slike it should be a court decinion if the borough ban the right to open thin street. if there was a clear dedication of the street, K the council could decide to open the street but since he 'r i E President La 543 nge - Council has taken a lot of heat on the police merger but 90816 that it was in the beat interest of the borough to join the margar. A motion was made by Mr. Bouvier for presentation of bills for payment and to accept the receipts. The motion was seconded by Mrs. Nall and carried. Mr. Prather made a motion to adjourn thin meeting at 30100 PM. The motion was seconded by Mr. Moor and carried. SIJB a7M POR APPRMAL, 1:37 Judith M. Byra , Borough Secretary 1. JO ANNETTE SERLUCO, Plaintiff V. BOROUGH COUNCIL OF THE BOROUGH OF SHIREMANSTOWN,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-6404 CIVIL ACTION - LAW ORDINANCE APPEAL VERIFICATION 1, Jack Lange, Borough Council President for the Borough of Shiremanstown, being authorized to do so on behalf of the Borough of Shiremanstown, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. BOROUGH COUNCIL FOR THE BOROUGH OF SHIREMANSTOWN Date://- 9- 9q By: ' Jack Lange, President JO ANNETTE SERLUCO, Plaintiff V. BOROUGH COUNCIL OF THE BOROUGH OF SHIREMANSTOWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-6404 CIVIL ACTION - LAW ORDINANCE APPEAL CERTIFICATE OF SERVICE On this /0t?'day of November, 1999, I, John E. Slike, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer with New Matter upon all parties of record via United States Mail, postage prepaid, addressed as follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 SAIDIS, SNUFF & MASLAND By: t tij n: JO ANNETTE SERLUCO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH COUNCIL OF THE NO. 99'6404 BOROUGH OF SHIREMANSTOWN, CIVIL ACTION - LAW Defendant ORDINANCE APPEAL PLAINTIFF'S REPLY TO NEW MATTER Plaintiff Jo Annette Serluco, by her attorneys, Snelbaker, Brenneman & Spare, P. C., submits the following Reply to Defendant's New Matter: 13. Paragraph 13 of Defendant's New Matter should be stricken as improperly requiring a reply to an Answer, which is an impermissible pleading under the Rules of Civil Procedure. Without waiver of this objection, each averment of fact and conclusion of law set forth in Defendant's Answer, to the extent they are contrary to any allegations set forth in Plaintiff's Complaint, are specifically denied as if each averment were set forth in this Paragraph and denied seriatim. Further, it is denied that Defendant incorporates and attaches a copy of Council's minutes from the September 20, 1999 meeting as purported in Paragraph 10.1. of Defendant's Answer. To the contrary, Defendant has failed to include or omitted pages 537, 538, 541 and 542 of the minutes. Finally, Defendant's counsel's certification of service is invalid and should be stricken since uw orricc, SNELOAKER, the Answer with New Matter was not served by the attorney BRENNEMAN & SPARE 11 providing the certification and was in fact served November 11, 1999 and not November 10, 1999 as represented. 14. Denied. Paragraph 14 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. To the extent a response is necessary, Plaintiff properly sets forth in the Complaint a cause of action upon which relief may be granted by the Court. 15. Admitted in part; denied in part. It is admitted only that Plaintiff attended the Council meeting on September 20, 1999 and spoke during the public comment portion of that meeting. By way of further reply, the comments made by Plaintiff at that meeting were made after members of the public, including Plaintiff, were advised by Council President Jack Lange that the half-hour period for comment on the subject of the police merger was up and that comment on that subject that was "new" or "different" would be heard. It is denied that Plaintiff at the September 20, 1999 Council meeting spoke against the police merger. To the contrary, Plaintiff's comments concerned a citizen's petition as accurately noted in the minutes of the meeting. Finally, it is denied to the extent it is implied, that Plaintiff's presence at the September 20, 1999 Council meeting and her participation at that meeting by uw ornccu SNELOAKER, making public comment precludes her in any way from contesting BRENNEMAN 9 SPARE 11 u -2- the validity of council's actions as they relate to the Ordinance and Resolution enacted and passed September 20, 1999. 16. Admitted in part; denied in part. It is admitted that Plaintiff had a draft copy of the police merger agreement which was subsequently changed in several material respects from the time of the August 16, 1999 meeting of council and the September 20, 1999 meeting of Council. The final version of the agreement was not made available to Plaintiff or the public until after the adoption of the agreement on September 20, 1999. It is denied that Plaintiff provided any written critique to Council with respect to the proposed merger agreement. To the contrary, Plaintiff provided a written critique dated and delivered July 12, 1999 to Council with respect to the flawed DICED study and Lower Allen Township revision of same. 17. Admitted. However, it is apparent in the Complaint that Plaintiff has never claimed she was unaware of the date, time or location of the September 20, 1999 meeting of Council. Although it is admitted that Plaintiff was given the opportunity to comment on the police merger, her opportunity was improperly and unlawfully limited as more fully set forth in Plaintiff's Complaint, the averments of which are incorporated by reference herein. Finally, it is denied, to the extent that it is implied, that Plaintiff's presence at the September 20, 1999 Council meeting and her participation at that meeting by making LAW OFFICES SNELOAKER. public comment precludes her in any way from contesting the BRENNEMAN I 9 SPARE 11 -3- validity of Council's actions as they relate to the ordinance and Resolution enacted and passed September 20, 1999. WHEREFORE, Plaintiff demands that Defendant's Answer with New Matter be stricken and judgment be entered in her favor in accordance with the demand for relief set forth in her Complaint. SNELBAKER,BREENNANEMAN 6 SPARE, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Jo Annette Serluco LAW orrice $ SNELOAKER. BRENNEMAN a SPARE Date: November 22, 1999 -4- f' x° yERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct. i understand that false statements herein are made subject to the penalties of IS Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: November 22, 1999 LAW a„icca SNELOAKER. BRENNEMAN & SPARE -9- It KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, Ion the below date, caused a true and correct copy of the foregoing Reply to New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: John E. Slike, Esquire Joseph L. Hitchings, Esquire 26 West High Street Carlisle, PA 17013 ?l.(&n! 4f IP4?- Ke th 0. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Jo Annette Serluco LAW OFFICri SNELOAKER. BRENNEMAN & SPARE o+ N Ll? N t" CL. ?'t• N Liu. N Fi F'•! ?? a u Z in x SHERIFF'S RETURN - REGULAR CASE NO: 1999-06404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERLUCO JO ANNETTE VS. SHIREMANSTOWN BOROUGH COUNCIL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon SHIREMANSTOWN BOROUGH OF BOROUGH COUNCIL the defendant, at 14:25 HOURS, on the 22nd day of October 1999 at 1 PARK LANE SHIREMANSTOWN, PA 17011 ,CUMBERLAND , County, Pennsylvania, by handing to JACK LANGE a true and attested copy of the COMPLAINT , together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answe s Docketing 18.00 ? Seryice 8.06 ? c Affidavit .00 Surcharge 8.00 $$ R. Inoluci L !334.06-1025/1999' BRENNEMAN, SPARE by UePUL.y Sworn and subscribed to before me this Q&_ day of ,(e,,e,,J.. 19_9 A.D. ??U? if - ./ JO ANNETTE SERLUCO, Plaintiff V. BOROUGH COUNCIL OF THE BOROUGH OF SHIREMANSTOWN, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6404 CIVIL ACTION - LAW ORDINANCE APPEAL Please mark the above-captioned case discontinued and ended on your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: )/; v/cw'4 t?__ Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Jo Annette Serluco LAW orncn SNELBAKER. BRENNEMAN a SPARE Date: January 4, 2000 CERTIFICATE OF SERVICE 1, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that 1 have on the below date, caused a true and correct copy of the foregoing Praecipe be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOW : John E. Slike, Esquire Joseph L. Hitchings, Esquire 26 West High Street Carlisle, PA 17013 Keith O, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff 1o Annette Serluco Date: January 4, 2000 uw OFFICES SNELOAKER, BRENNEMAN @ SPARE >- c: ; ci ... ? ?- :': . u., .? ry- r `_ r,, ='; r .?n ;; ?. • „? ._ r , ?,, ?-., ?=? '). 1