HomeMy WebLinkAbout07-4022Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
LAVERLA YEAGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
BOROUGH OF MECHANICSBURG,
Defendant
07 - ~/D2~
CIVIL ACTION
C~~~~~~~
N O T I C E
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 the 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
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 L~%1/
BY
Andrew C. She ,
Attorney for Plaintiff
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ZD NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
LAVERLA YEAGER,
Plaintiff
vs.
BOROUGH OF MECHANICSBURG,
Defendant
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
COMPLAINT
Plaintiff, Laverla Yeager, by and through counsel of Andrew C.
Sheely, Esquire, hereby files this Complaint seeking a declaration
judgment in accordance with 42 Pa.C.S.A. §7531 and 7533, et se .,
and injunctive relief, respectfully states as follows:
1. Plaintiff, Laverla Yeager, is an individual who resides at
1016 East Simpson Street, Mechanicsburg (Borough of
Mechanicsburg), Cumberland County, Pennsylvania.
2. Defendant is the Borough of Mechanicsburg (hereinafter
"Borough"), a municipal corporation with a principal place of
business at 36 West Allen Street, Mechanicsburg, Cumberland Coun-
ty, Pennsylvania.
3. Plaintiff is the fee simple owner of all that certain
piece of real estate recorded in Cumberland County Deed Book "W",
Volume 15, Page 53.
4. Plaintiff's real estate is a corner property (hereinafter
referred to as "property") with street frontage on Simpson Street
of approximately sixty-five (65) feet and street frontage on Gale
Street of approximately two hundred (200) feet.
5. Plaintiff's property is improved with a single family
dwelling home constructed in approximately 1955 and a separate
building constructed in approximately 1960 used for business
purposes by Plaintiff, her deceased husband and a tenant.
6. The residential dwelling on Plaintiff's lot was serviced
by a private sewage system in the nature of a handmade privy vault
or cesspool with drain line which system commenced failing in 2006
and continued failing until June 2, 2007.
7. Plaintiff's property has been connected to the sewer
system of the Borough by a lateral on her property by permit
issued by the Borough in the early 1990s.
8. The Borough's sewer system terminates in the center of
Gale Street approximately 170 feet from the residential dwelling
on Plaintiff's property.
9. As a result of continual and repeated sewer back-ups and
sewage effluent entering her basement from the private sewage
system, Plaintiff employed a contractor who installed a new four
(4) inch sewer line on June 2, 2007 to connect her residential
home to the existing lateral servicing her property.
10. The June 2, 2007 installation of the new sewer line from
her home to the existing lateral line occurred entirely on her
property and at no time entered the public street and right-of-way
where the Borough's sewer system is located.
2
11. On or about June 6, 2007, Borough Manager Jonathan
Stough directed letter entitled "Notice of Violation" to Plaintiff
advising Plaintiff of certain alleged violations ~ 18-104.1, § 18-
104.4, ~ 18-104.10, § 18-104.13 of a Borough Ordinance which is
attached hereto as Exhibit "A".
12. In addition, the June 6, 2007 Notice of Violation letter
(a copy of which is attached hereto as Exhibit "B") advised that
the Borough intended to cite Plaintiff for the alleged violations
before the District Magistrate.
13. The June 6, 2007 Notice of Violation letter further
directed that Plaintiff complete an application for a permit with
a fee schedule indicating a thirty ($30.00) cost to connect to the
Borough's sewer system and a sewer tapping fee in the amount of
$2,369.00. The fee schedule is attached hereto as Exhibit "C".
14. S 18-104.4 of Chapter 18 of the Codification of Borough
Ordinance contains certain exceptions to obtaining a separate and
independent building permit and states as follows:
4. A separate and independent building sewer and lateral
shall be provided for every building, except for buildings
owned bX the same owner on one lot as hereinafter provided.
Notwithstanding the above, it is the intention of this sec-
tion to require a separate and distinct permit, building
sewer, and lateral for each individual building or housing
unit whether constructed as a single-detached unit or as one
of pair of row houses or as one of a group of town houses or
buildings, provided however, a single connection may be
permitted to serve a school, a factory, an apartment house,
or other permanent multiple-unit structure where the entire
building is served through a single connection and could not
under prevailing circumstances be split in two or more sepa-
rate and sole ownerships, or where the Borough determines it
3
to be impractical to provide separate connections. In cases
where a single connection is allowed, it shall be so noted on
the connection permit. (Emphasis supplied)
15. The relief sought by the Borough's June 6, 2007 Notice
of Violation also seeks to compel Plaintiff to install a second,
separate sewer line lateral from her dwelling to the terminus of
the Borough's sewer system at an estimated cost of $3,438.00.
16. The relief sought by the Borough's June 6, 2007 Notice
of Violation demands that Plaintiff dig up and expose the entire
four (4) inch sewer line installed from her dwelling to the later-
al on her property at an estimated costs of $1,190.00.
17. The relief demanded by the Borough's June 6, 2007 Notice
of violation will require cutting the asphalt on Gale Street and
fees associated therewith.
18. The relief demanded by Borough's June 6, 2007 Notice of
Violation will cause traffic flow at the intersection of Gale
street and Simpson Street (Simpson Ferry Road) to be interrupted
by flagmen until construction work is completed, if required.
19. Plaintiff's property is unique and different from other
properties in the Borough due to its location and proximity to the
end of the Borough's sewer system.
20. Plaintiff believes that it is impractical to provide a
separate and independent building sewer and lateral for her prop-
erty which is presently served and benefitted by an existing sewer
lateral lawfully permitted by the Borough.
4
21. Plaintiff believes that a tapping fee is not required
where her property is presently connected to the sewer system.
22. On or about June 25, 2007, Borough Manager Jonathan
Stough directed a second letter entitled "Notice of Violation" to
Plaintiff advising Plaintiff that she had ten (10) days to come
into compliance and complete various items. A copy of the June 25,
2007 letter is attached hereto as Exhibit "D".
23. The June 25, 2007 Notice of Violation letter again
directed Plaintiff to dig up and uncover the sewer line installed
on June 2, 2007 for inspection by the Borough.
24. The June 25, 2007 Notice of Violation further advised
Plaintiff that failure to complete the work by July 6, 2007 "will
result in a citation being filed for each day you continue to
violate the Ordinance."
COUNT I.
REQUEST FOR DECLARATORY JUDGMENT THAT APPLICABLE
SECTIONS OF BOROUGH ORDINANCE
ARE VAGUE, CONTRADICTORY AND UNCONSTITUTIONAL
25. Paragraphs 1 - 24 are incorporated herein by reference.
26. The Borough Code, namely Section 47052, requires that
all connections to a public sewer system "shall be uniform".
(Emphasis supplied).
27. S 18-104.4 of the Borough Ordinance permits single
connections on the same lot where the Borough determines it to be
impractical to provide separate connections.
5
28. The Borough Ordinance does not define "impractical".
29. ~ 18-104.4 of the Borough Ordinance impermissibly dele-
gates resolution of sewer connections on an ad hoc basis and
subjective basis to the Borough Council or the Borough Sewage
Enforcement Officer or the Borough Manager or the Borough Secre-
tart' or other person designated by the Borough Council as defined
by the definition of "Borough" in ~ 18-101 of the Ordinance.
30. The Borough Ordinance sections at issue permit arbitrary
and discriminatory enforcement by the Borough.
31. The Borough Ordinance provisions sought to be enforced
by the Borough are unconstitutional, vague, ambiguous and fail to
provide a reasonable opportunity to know what is prohibited or
required.
32. Plaintiff believes that other properties have been per-
mitted to maintain single connections where multiple buildings and
dwellings exist thereon which are similar to Plaintiff's property.
33. The applicable provisions of the Ordinance sought to be
enforced by the Borough contradict other provisions of the Ordi-
nance and other schedules which impose different definitions,
standards for fees, and connection costs and fees.
WHEREFORE, Plaintiff respectfully requests that this Honor-
able Court declare all vague and contradictory provisions con-
tained within the applicable Borough sewer ordinance and enforce-
ment notices relying thereon as unconstitutional and without
6
authority of law, confirm that Plaintiff's connection is lawful,
and further, enjoin enforcement actions by the Borough against
Plaintiff by injunctive or other relief warranted in this case.
COUNT II.
REQUEST FOR DECLARATORY JUDGMENT
NO AUTHORITY TO IMPOSE MULTIPLE TAPPING FEES
AND SEPARATE SEWER CONNECTIONS FOR ONE PROPERTY
BENEFITTED BY PUBLIC SANITARY SEWER AND DISPUTE AS TO
CONNECTION AND INSPECTION COSTS
AND CONTRADICTORY FEE SCHEDULES
34. Paragraphs 1 - 33 are incorporated herein by reference.
35. The Borough, namely 53 P.S. Section 47051, grants the
Borough with authority to "by ordinance, require any owner of
property, benefitted, improved or accommodated by a sanitary sewer
to make connections with such sanitary sewer, in such manner as
the borough may order, for the purpose of discharge or such drain-
age or waste matter as the borough may specify." (Emphasis
supplied)
36. The applicable sections of the Borough Ordinance and the
enforcement notice which require a second tapping fee is without
statutory authority when Plaintiff's property is currently con-
nected to the Borough's sewer system.
37. The applicable sections of the Borough Ordinance are
without statutory authority to require a separate connection to
the property benefitted by the Borough's sewer system when such
property is already connected to the sewer system.
7
38. The Ordinance provisions are ambiguous as to whether the
property owner or the Borough is responsible for the payment of
sewer connection costs in the area within the street right of way
between plaintiff's property line and the existing sewer main.
39. Plaintiff believes that the Borough has not uniformly
interpreted and applied the provisions of the Ordinance regulating
assumption and payment of connection costs in the area within the
street right of way between plaintiff's property line and the
existing sewer main as to other properties within the Borough.
40. The Borough sewer ordinance establishes a tapping fee at
$2,187.00 which is inconsistent with the fee schedule attached
hereto as Exhibit "C" which establishes a tapping fee at
$2,369.00.
41. The applicable sections of the Borough sewer ordinance
and schedules accompanying permit applications contain contradic-
tort' and conflicting connection standards, fee schedules and
connection costs which are vague, arbitrary and contradictory.
42. Plaintiff is uncertain as to whether any fees and costs
are required, and if required, the amounts thereof due to the
contradicting terms and inconsistent applications by the Borough.
43. Plaintiff is uncertain as to the authority and basis of
the Borough's demand that she uncover the entire length of the
four (4) inch sewer lateral in these circumstances as demanded by
the Borough, if required.
8
WHEREFORE, Plaintiff respectfully requests that this Honor-
able Court declare that no additional tapping fee and no separate
connection to the sewer system are required, of if applicable,
Plaintiff requests confirmation as to what fees and costs are
required to connect to the sewer system and the degree of inspec-
tion to the work completed on June 2, 2007, and pending such
determinations, enjoin further enforcement actions by the Borough
against Plaintiff by injunctive or other relief warranted in these
circumstances.
COUNT III.INJUCNTIVE AND DECLARATORY RELIEF'
44. Paragraphs 1 - 43 are incorporated herein by reference.
45. The ordinance in question is penal in nature.
46. On or about June 22, 2007, the Codes Enforcement officer
filed three (3) citations against Plaintiff for certain violations
of the Borough Sewer ordinance.
47. The Borough initiated actions before the District Magis-
trate prior to the deadline of July 6, 2007 contained the Borough
Manager's letter dated June 25, 2007 attached hereto.
48. No authority exists under the Borough Ordinance sought
to be enforced against Plaintiff for per diem violations as con-
tained within the Borough Manager's letter attached hereto as
Exhibit "C".
49. Criminal citations and enforcement actions commenced by
9
the Borough pending resolution of the underlying declaratory
judgment issues raised in Counts 1 and 2 will result in immediate
and irreparable harm that cannot be adequately compensated by
damages.
50. Grant of a temporary injunction will not substantially
harm the Borough or Plaintiff.
51. Grant of a temporary injunction will restore the parties
to their status as it existed prior to the alleged wrongful con-
duct pending resolution of Counts I and II.
52. An action for Declaratory Judgment challenging an ordi-
nance is permitted by law and greater injury to both parties will
occur by refusing the injunction than by granting it pending
resolution of Counts I and II..
53. Grant of a temporary injuction will not adversely affect
the public interest pending resolution of Counts I and II.
54. A temporary injuction is necessary to prevent repeated
enforcement and penal actions initiated and threatened by the
Borough pending resolution of Counts I and II.
55. The ordinance in questions and criminal citations initi-
ated thereon are unconstitutional are vague and unconstitutional.
10
WHEREFORE, Plaintiff respectfully requests that this Honor-
able Court grant a temporary injunction and enjoin the pending
criminal citations and further enforcement actions by the Borough
against Plaintiff by temporary injunctive relief until resolution
of Counts I and II, and declare that the Borough has no right to
commence daily violations against Plaintiff in this circumstance.
Respectfully submitted,
DATE: July , 2007
~~ _
A drew C. Sheely, Esqu
Attorney for Plaintiff
Pa. I.D. No. 62469
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
Exhibit "A"
CHAPTER 18
SEWERS AND SEWAGE DISPOSAL
PART 1
SEWER CONNECTIONS AND USES
§18-101. Definitions
§18-102. Use of Sewer System Required
§18-103. Private Sewage Disposal
§18-104. Building Sewers and Connections
§18-105. Use of Public Sewers
§18-106. Industrial Waste Discharges
§18-107. Penalty
§18-108. Savings Clause
PART 2
SEWER CONNECTION CHARGES AND SEWER RENTALS
§18-201. Sewer Rentals and Sewer Connection Charges
§18-202. Billing and Payment/Due Dates/Delinquent Sewer Rentals
§18-203. [Reserved)
§18-204. Unpaid Sewer Rent or Charges
§18-205. When Charges Become Effective
§18-206. Apportionment of Sewer Rental for Part of Year
§18-207. Penalty
§18-208. Severability
PART 3
[RESERVED)
12/20/2005 18-1
(18, PART 1)
PART 1
SEWER CONNECTIONS AND USES
§18-101. Definitions.
Unless the context specifically states otherwise, the following terms, as used in this or-
dinance, shall have the meanings hereinafter designated:
BOD (Denoting Biochemical Oxygen Demand) -the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory proce-
dure in five days at 20° C., expressed in milligrams per liter.
BOROUGH -the Borough of Mechanicsburg, Cumberland County, Pennsyl-
vania; or the Borough Council of the Borough of Mechanicsburg; or in appropriate
cases, the Borough Manager, the Borough Secretary, the Borough Sewage En-
forcement Officer, or other persons designated by the Borough Council or the Bor-
ough Council or the Borough Manager to perform duties under this ordinance.
BUILDING DRAIN -that part of the lowest horizontal piping of a drainage sys-
tem which receives the discharge from other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet outside the inner
face of the building wall.
BUILDING SEWER -the extension from the building drain to the lateral or
other method of disposal.
DOMESTIC SEWAGE -shall mean the normal water-carried household and toi-
let waste from residences, commercial establishments, institutions, industries,
and other users of the sewer system.
EQUIVALENT DWELLING UNIT (EDU) -with regard to residential owner, is
any room, group of rooms, house, trailer, building or other enclosure occupied or
intended for occupancy as separate living quarters by an individual, family or any
group of persons, excluding institutional dormitories. [Ord. 1005]
FEES -the fee set by the Borough Council by resolution from time to time and/or
by the Pennsylvania Sewage Facilities Act and regulations issued thereunder.
GARBAGE -solid wastes from the domestic and commercial preparation, cook-
ing, and dispensing of food, and from the handling, storage, and sale of produce.
IMPROVED PROPERTY -shall mean any property within the Borough upon
which there is erected a structure intended for continuous or periodic habitation,
occupancy, or use by human beings or animals and from which structure sanitary
sewage and/or industrial waste shall be discharged.
12/20/2005 18-3
SEWERS AND SEWAGE DISPOSAL
INDUSTRIAL WASTE -shall mean any solid, liquid or gaseous substance or
form of energy rejected, escaping or discharged in the course of any industrial,
manufacturing, trade or business process or in the course of the development, re-
covery or processing of natural resources, as distinct from domestic sewage.
LATERAL -shall mean that part of the sewer system extending from a sanitary
sewer to the edge of cartway or to curb line or, if there shall be no edge of cartway
or curb line, then to the right-of-way line of the street or alley or, if there be no
street or alley, then to the property line.
OWNER -shall mean any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERMIT -shall mean written approval from the Borough.
PERSON -any individual, partnership, firm, company, association, society, cor-
poration or group.
pH. -the logarithm of the reciprocal of the weight of hydrogen ions in grams per
liter of solution.
SANITARY SEWER - a sewer which carries sewage and to which storm, surface,
and groundwaters are not intentionally admitted.
SEWAGE - a combination of water-carried wastes from domestic and industrial
waste sources together with such ground, surface, and stormwaters as may be
present.
SEWAGE TREATMENT PLANT -any arrangement of devices and structures
used for treating sewage.
SEWAGE WORKS -all facilities for collecting, pumping, treating and disposing
of sewage.
SEWER SYSTEM -all laterals, wyes, saddles, sanitary sewers, intercepting
sewers, pumping stations, and other like equipment and facilities owned or oper-
ated by the Borough for the purpose of collecting, transporting, and pumping sew-
age.
SHALL - in the context of this ordinance, shall be mandatory and may will be
permissive.
SLUG -shall mean any discharge of water, sewage, or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any pe-
riod of duration longer than 15 minutes more than five times the average 24 hour
concentration or flows during normal operation.
18-4 12/20/2005
(18, PART 1)
SUSPENDED SOLIDS -the total suspended matter that floats on the surface, or
is suspended in water, sewage, or other liquids and which is removable by labora-
tory filtering.
WATERCOURSE - a channel in which a flow of water occurs either continuously
or intermittently
(Ord. 916, 9/15/1981, §1; as amended by Ord. 1005, 11/17/1998, §1)
§18-102. Use of Sewer System Required.
1. It shall be unlawful to discharge any sewage or other polluted waters to any natu-
ral outlet within the Borough, except where suitable treatment has been provided
in accordance with subsequent provisions of this ordinance [this Part 1].
2. Except as hereinafter provided, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for the
disposal of sewage. [See also Part 3 this Chapter].
3. The owner of any property benefited, improved or accommodated by a sanitary
sewer shall connect such property with and shall use such sewer system, in such
manner as the Borough may require and in accordance with the provisions of this
ordinance, within 45 days after notice to connect.
(Ord. 916, 9/15/1981, §2)
§18-103. Private Sewage Disposal.
1. Where a public sanitary sewer is not available, the building sewer shall be con-
nected to a private sewage disposal system complying with the provisions of this
ordinance [this Part 1].
2. Before commencement of construction of a private sewage disposal system, the
owner shall first obtain a permit from the Borough Sewage Enforcement Officer.
Prior to the issuance of a permit, the owner shall provide all information deemed
necessary by the Sewage Enforcement Officer. A permit fee and inspection fee
shall be paid to the Borough at the time the application is filed.
3. Approval of a private sewage disposal system shall not become effective until the
installation is completed to the satisfaction of the Sewage Enforcement Officer. He
shall be allowed to inspect the work at any stage of construction and, in any event,
the owner shall notify the Sewage Enforcement Officer when the work is ready for
final inspection, and before any underground portions are covered. The inspection
shall be made within 72 hours of the receipt of notice by the Sewage Enforcement
Officer.
12/201200b 18-5
SEWERS AND SEWAGE DISPOSAL
4. The type, capacities, location, and layout of a private sewage disposal system shall
comply with all requirements of the Pennsylvania Department of Environmental
Resources. No approval shall be granted for any private sewage disposal system
employing subsurface soil absorption facilities where the area of the lot is less
than that required by the Pennsylvania Sewage Facilities Act. No septic tank or
cesspool shall be permitted to discharge to any natural outlet.
5. When a public sanitary sewer becomes available to a property served by a private
sewage disposal system, a direct connection shall be made to the public sanitary
sewer in compliance with this ordinance, and any septic tanks, cesspools, and
similar private sewage disposal facilities shall be abandoned, cleaned and filled
with suitable material in accordance with this ordinance.
6. The owner shall operate and maintain the private sewage disposal facilities in a
sanitary manner and in accordance with the Pennsylvania Sewage Facilities Act
at all times, at no expense to the Borough.
7. When a public sanitary sewer becomes available, the building sewer shall be con-
nected to said public sanitary sewer within 60 days and the private sewage dis-
posal system shall be cleaned of sludge and filled with clean bank-run gravel or
dirt.
8. Upon notice from the Borough to persons maintaining or using private sewage
disposal facilities in violation of the provisions of this ordinance, such persons
shall cease such maintenance and use in violation hereof. Each three month pe-
riod that such private disposal system is so maintained or used in violation hereof,
after notice from the Borough, shall be deemed to be a separate offense under this
ordinance.
(Ord. 916, 9/15/1981, §3)
§18-104. Building Sewers and Connections.
1. No connection of plumbing fixtures shall be made to the sewer system and no un-
authorized person shall uncover, open, use, alter, or disturb any public sanitary
sewer or appurtenance thereof before the owner of the property in which the work
is to be done, or the plumber who is to do the work as the owner's representative,
shall have first obtained a connection permit from the Borough.
2. The owner or his agent shall make application for a connection permit on a form
furnished by the Borough. The application for a permit shall be supplemented by
any plans, specifications, or other information considered pertinent in the judg-
ment of the Borough. A permit fee, inspection fee, connection charge and tapping
fee shall be paid to the Borough at the time the application is filed. [Ord. 1005]
3. The owner or his agent shall construct the building sewer in accordance with the
provisions of this ordinance [this Part 1). Where the building sewer is to be con-
18-6 12/20/2005
(18, PART 1)
netted to an existing public sanitary sewer, the Borough shall construct the lat-
eral from the sanitary sewer. All costs and expense incident to the installation
and connection of the building sewer and the lateral shall be borne by the owner.
The owner shall indemnify the Borough from any loss or damage that may result
directly or indirectly from the installation of the building sewer or the lateral.
4. A separate and independent building sewer and lateral shall be provided for every
building, except for buildings owned by the same owner on one lot as hereinafter
provided. Notwithstanding the above, it is the intention of this section to require a
separate and distinct permit, building sewer, and lateral for each individual build-
ing or housing unit whether constructed as asingle-detached unit or as one of a
pair of row houses or as one of a group of town houses or buildings, provided, how-
ever, asingle connection may be permitted to serve a school, a factory, an apart-
ment house, or other permanent multiple-unit structure where the entire building
is served through a single connection and could not under prevailing circum-
stances be split into two or more separate and sole ownerships, or where the Bor-
ough determines it to be impractical to provide separate connections. In cases
where a single connection is allowed, it shall be so noted on the connection permit.
5. Old building sewers and laterals may be used in connection with new buildings
only when approved by the Borough. At its discretion, the Borough may require
the examination or testing of old building sewers and laterals, at the expense of
the owner, prior to approving or disapproving the building sewer use.
6. The size, slope, alignment, materials of construction of a building sewer, and the
methods to be used in excavating, placing of the pipe, jointing, testing, and back-
filling the trench, shall all conform to the requirements of the building and plumb-
ing code [see Chapter 5 Code Enforcement] or other applicable rules and regula-
tions of the Borough. In the absence of code provisions or in amplification thereof,
the materials and procedures set forth in appropriate specifications of the
A.S.T.M. and W.E.F. Manual of Practice No. FD-5 shall apply. The size, slope,
alignment, materials of construction of a lateral, and the methods to be used in
excavating, placing of the pipe, jointing, testing and backfilling the trench, shall
all conform to the requirements of the standard construction and material specifi-
cations for sanitary sewer extensions of the Municipal Authority of the Borough of
Mechanicsburg and/or the Borough of Mechanicsburg. [Ord. 1005]
7. Whenever possible, the building sewer shall be brought to the building at an ele-
vation below the basement floor. In all buildings in which any building drain is
too low to permit gravity flow to the public sanitary sewer, sanitary sewage or in-
dustrial waste carried by such building drain shall be lifted by an approved means
and discharged to the building sewer.
8. No person shall make connection of roof downspouts, exterior foundation drains,
areaway drains, or other sources of surface runoff or groundwater to the Borough
sewer system, either directly or indirectly.
12/20/2005 18-7
SEWERS AND SEWAGE DISPOSAL
9. The connection of the building sewer to the lateral or the lateral to the public
sanitary sewer shall conform to the requirements of the building and plumbing
code [see Chapter 5 Code Enforcement] or other applicable rules and regulations
of the Borough and the Standard Construction and Material Specifications for
Sanitary Sewer Extensions of The Municipal Authority of the Borough of Mechan-
icsburg. All such connections shall be made gastight and watertight. Any devia-
tion from the prescribed procedures and materials must be approved by the Bor-
ough before installation.
10. The applicant for the building sewer permit shall notify the Borough when the
building sewer is ready for inspection and connection to the sanitary sewer. The
connection shall be made under the supervision of the Borough or its representa-
tive.
11. All excavations for building sewer or lateral installation shall be adequately
guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways, and other public property disturbed in the course of
the work shall be restored in a manner satisfactory to the Borough and the Penn-
sylvania Department of Transportation for work in state highways.
12. If a building sewer, lateral, or building drain becomes clogged, the opening of
same shall be the responsibility of the property owner. Should replacement of
parts or all of the lateral, building sewer or building drain be necessary for the
opening thereof, the Borough shall be responsible for replacement of the lateral;
the owner shall be responsible for any replacement necessary from the lateral to
the structure served by the building sewer. The property owner shall notify the
Borough of all work planned to be done by the owner on the building sewer.
13. Any plumber or other person who shall neglect or refuse to take out a permit or
comply with the provisions of this ordinance, or fail to make the reports herein
designated, shall not be deemed competent to perform any work intended to be
connected with the sewer system, and no work performed by such plumbers or
other persons shall be connected with the sewer system.
(Ord. 916, 9/15/1981, §4; as amended by Ord. 1005, 11/17/1998, §§2-4)
§18-105. Use of Public Sewers.
1. No person shall discharge or cause to be discharged any stormwater, surface wa-
ter, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water,
swimming pool water or unpolluted industrial process waters to any sanitary
sewer. [Ord. 1005]
2. Stormwater and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers, or to a natural outlet approved by
the appropriate Federal or State regulatory agencies. Industrial cooling water or
18-8 12/20/2005
(18, PART 1)
unpolluted process waters may be discharged, on approval of the appropriate Fed-
eral or State regulatory agencies, to a storm sewer or natural outlet.
3. No person shall discharge or cause to be discharged any of the following described
waters or wastes to any sanitary sewer:
A. Any substance which creates a fire or explosive hazard in the sanitary sewer
or at the treatment plant. At no time shall two successive readings on an
explosion hazard meter, at the point of discharge into the sewer system be,
more than 5% nor any single reading over 10% of the lower explosive limit of
the meter. At no time shall the closed cup flashpoint of the discharge be less
that 140° F. [Ord. 1005]
B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases
in sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, constitute a hazard
to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
C. Any waters or wastes having corrosive properties capable of causing damage
or hazard to structures, equipment, and personnel of the sewage works.
D. Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper op-
eration of the sewage works such as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-
ground garbage, whole blood, paunch manure, hair and fleshings, entrails,
paper dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
4. No person shall discharge or cause to be discharged the following described sub-
stances, materials, waters, or wastes if it appears likely, in the opinion of the Bor-
ough, that such wastes can harm either the sanitary sewers or the sewage treat-
ment process or its equipment; have an adverse effect on the receiving stream; or
can otherwise endanger life, limb, public property, or constitute a nuisance. In
forming its opinion as to the acceptability of these wastes, the Borough will give
consideration to such factors as the quantities of the wastes in relation to flows
and velocities in the sanitary sewers, materials of construction of the sanitary
sewers, nature of the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of the wastes in the sewage treatment plant, and
other pertinent factors. The substances prohibited are:
A. Any liquid or vapor having a temperature higher than 150° F. or 65° C.
B. Any water or waste containing fats, wax, grease, or oils, whether emulsified
or not, in excess of 100 mg/1 or containing substances which may solidify or
become viscous at temperatures between 32° F. and 150° F. (0° and 65° C.).
12/20/2005 18-9
SEWERS AND SEWAGE DISPOSAL
C. Any garbage that has not been properly shredded to less than 1/2 inch
length in any direction. The installation and operation of any garbage
grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater
shall be subject to the review and approval of the Borough. [Ord. 1005]
D. Any waters or wastes containing strong acid iron pickling wastes or concen-
trated plating solutions, whether neutralized or not.
E. Any waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances; or wastes exerting an excessive chlorine
requirement, to such degree that the material received in the composite
sewage at the sewage treatment plant exceeds the limits established by the
Borough for such materials.
F. Any waters or wastes containing phenols or other taste-or odor-producing
substances, in concentrations exceeding limits which may be established by
the Borough as necessary, after treatment of the composite sewage, to meet
the effluent discharge requirements of the State, Federal, or other public
agencies.
G. Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by the Borough in compliance with applicable
State and Federal regulations.
H. Any waters or wastes having a pH less than 6.0 or greater than 9.0.
I. Materials which exert or cause:
(1) Unusual concentration of inert suspended solids (such as but not lim-
ited to, Fullers earth, lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride and sodium sul-
fate).
(2) Excessive discoloration such as, but not limited to, dye wastes and
vegetable tanning solutions.
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage
treatment plant.
(4) Unusual volume of flow or concentration of wastes constituting slugs
as defined herein.
J. Water or wastes containing substances which are not amenable to treat-
ment or reduction by the sewage treatment processes employed, or are ame-
nable to treatment only to such degree that the sewage treatment plant ef-
fluent cannot meet the requirements of regulatory agencies having jurisdic-
tion over discharge to the receiving waters.
18-10 12/20/2005
(18, PART 1)
K. Any wastes causing the treatment plant's effluent to fail a toxicity test.
[Ord. 1005]
L. Any waste which results in the presence of toxic gases, vapors or fumes
within the sewer system in a quantity that may cause acute worker health
and safety problems. (Ord. 1005]
M. Any wastes containing detergents, surface active agents or other substances
which may cause excessive foaming in the treatment plant. [Ord. 1005]
N. Any sludge, screenings or other residues from the pretreatment of industrial
wastes. [Ord. 1005]
O. Any noxious or malodorous liquids, gases, solids or other wastewater which,
whether singly or by interaction with other wastes, are sufficient to create
public nuisance, a hazard to life or to prevent entry into the sewers for
maintenance and repair. [Ord. 1005]
5. If any waters or wastes are discharged, or are proposed to be discharged to the
public sanitary sewers, which waters contain the substances or possess the char-
acteristics described herein, and which in the judgment of the Borough may have
a deleterious effect upon the sewage works, processes, equipment, use of disposal
of the sludge, or receiving waters, or which otherwise create a hazard to life or
constitute a public nuisance the Borough may: [Ord. 1005]
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to the public
sanitary sewers;
C. Require control over the quantities and rates of discharge; and/or
D. Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer charges under the provisions
of the applicable ordinance [see Part 2, this Chapter].
E. If the Borough permits the pretreatment or equalization of waste flow, the
design and installation of the plants and equipment shall be subject to the
review and approval of the Borough sewer engineer, Borough legal counsel
and the costs associated therewith shall be paid by the owner, and subject to
the requirements of all applicable codes, ordinances and laws. [Ord. 1005]
6. Where preliminary treatment or flow-equalizing facilities are provided for any wa-
ters or wastes, they shall be maintained by the owner, at his expense, to the satis-
faction of the Borough.
12/20/200b 18-11
SEWERS AND SEWAGE DISPOSAL
7. All measurements, tests, and analyses of the characteristics of waters and wastes
to which reference is made in this ordinance [this Part 1] shall be determined in
accordance with the procedures established by the EPA pursuant to §304(8) of the
Clean Water Act and contained in 40 CFR, Part 136, as amended and shall be de-
termined at the control manhole provided, or upon suitable samples taken at said
control manhole. The control manhole shall be the same as the special manhole
required by §6C of this ordinance [§18-106(3) of this Part]. In the event than no
special manhole has been required, the control manhole shall be considered to be
the nearest downstream manhole in the public sanitary sewer to the downstream
manhole in the public sanitary sewer to the point at which the building sewer or
lateral is connected or at such other point as may be determined or approved by
the Borough. Duration and frequency of sampling will be determined by the Bor-
ough. [Ord. 1005]
8. No statement contained in this ordinance shall be construed as preventing any
special agreement or arrangement between the Borough and any industrial con-
cern whereby an industrial waste of unusual strength or character may be ac-
cepted by the Borough for treatment, subject to payment therefore, by the indus-
trial concern.
(Ord. 916, 9/15/1981, §5; as amended by Ord. 1005, 11/17/1998, §§5-11)
§18-106. Industrial Waste Discharges.
1. No industrial waste, dangerous or toxic substances, or other materials incompati-
ble with the sewage works or sewage treatment process shall be discharged into
the sewer system until an application for an industrial waste permit has been ap-
proved by the Borough. Applications shall be submitted not less than three
months prior to the proposed discharge and shall include:
A. Name and address of proposed discharger;
B. Type of industry or other use of the property from which the industrial
waste is to be discharged;
C. Description of process or processes which produce the industrial waste, or
other material;
D. Description of types and characteristics of the industrial waste or other ma-
terial, volume and rates of flow and methods of measuring the same, time of
discharge, whether the waste will contain any matter or characteristic pro-
hibited under this ordinance [this Part 1] and of any pretreatment facilities,
whether existing or proposed; and
E. Such additional information as may be required by the Borough or its Engi-
neer.
18-12 12/20/2005
(18, PART 1)
F. An agreement that all costs associated therewith shall be paid by the
owner/applicant. [Ord. 1005]
2. The Borough shall have access at all reasonable times to industrial establish-
ments and any meters used for establishing or determining water consumption,
water excluded from the sewer system and sewage discharged to the sewer sys-
tem.
3. When directed by the Borough, industrial establishments shall install, pay for and
maintain a special manhole and other devices as may be required by the Borough
to facilitate observation, measurement and sampling of sewage discharged to the
sewer system. The manhole shall be safe and accessible at all times.
4. Any person, firm, or corporation that plans to change operations so as to materi-
ally alter the characteristics and volumes of industrial wastes discharged to the
sewer system, shall file an application for the approval of an industrial water
permit in accordance with this ordinance.
5. The Borough reserves the right to require, as necessary, any industrial discharge
to comply with pretreatment regulations and requirements which may now be in
effect or which may later be established by State or Federal regulatory-agencies.
(Ord. 916, 9/15/1981, §6; as amended by Ord. 1005, 11/17/1998, §12)
§18-107. Penalty.
Any person who shall violate any of the provisions of this ordinance [this Part 1] or who
shall fail to comply therewith, or who shall violate or fail to comply with any order is-
sued hereunder, shall be guilty of a violation of this ordinance, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding $300 and costs of prosecution, or
to undergo imprisonment in the county jail for not more than 30 days.
(Ord. 916, 9/15/1981, §7; as amended by Ord. 925, 4/19/1983)
§18-108. Savings Clause.
In the event any provision, section, sentence, clause, or part of this ordinance [this Part
1] shall be held to be invalid, such invalidity shall not affect or impair any remaining
provision, section, sentence, clause or part of this ordinance, it being the intent of the
Borough that such remainder shall be and shall remain in full force and effect.
(Ord. 916, 9/15/1981, §8)
12/20/2005 18-13
(18, PART 2)
PART 2
SEWER CONNECTION CHARGES AND SEWER RENTALS
§18-201. Sewer Rentals and Sewer Connection Charges.
All owners of property connecting with the sewers, sewerage system and sewage
treatment works of the Borough of Mechanicsburg, Pennsylvania, and all the
owners of property who may hereafter connect and have the use of said sewerage
system, shall pay connection charges, tapping fees and rentals or charges, payable
quarterly, as hereinafter provided, for the use, whether directly or indirectly, of
such sewage facilities, based on the following schedule of rates, and in accordance
with the following classifications: [Ord. 1046]
A. Dwelling Units
First fixture (basin) $38.60 per quarter
Each additional fixture:
Basin 3.20 per quarter
Bathtub or shower bath 3.20 per quarter
Toilet or urinal 4.80 per quarter
Sink or laundry tub 6.40 per quarter
Garbage disposal unit 6.40 per quarter
Refrigerator drain or drain from air 1.60 per quarter
conditioning unit
Automatic washing machine 4.80 per quarter
Bidet 4.80 per quarter
Whirlpool tubs 6.40 per quarter
Dishwasher 6.40 per quarter
Water softener 6.40 per quarter
Laundry tray 3.20 per quarter
Every owner who shall have refused entry to his property by duly author-
ized personnel of the Borough of Mechanicsburg, for the purpose of conduct-
ing afixture survey, shall be presumed to have the same number and types
of fixtures equivalent to the account of that property in the Borough, in this
category of usage, which is being charged the highest quarterly billing
amount at the time such entry shall have been refused, and shall be billed
accordingly. [Ord. 1046]
B. Stores, Offices, Banks, Other Commercial Establishments, and Churches
12/20/2005 18-15
SEWERS AND SEWAGE DISPOSAL
First fixture (basin) $43.40 per quarter
Each additional fixture:
Basin 4.80 per quarter
Bathtub or shower bath 4.80 per quarter
Toilet 6.40 per quarter
Urinal 4.80 per quarter
Sink or laundry tub 8 per quarter
Drinking fountains 1.60 per quarter
Soda fountain drain 9.60 per quarter
Refrigerator drain or drain from air con- 2.40 per quarter
ditioning unit
Automatic washing machine [except 6.40 per quarter
where a BOD and SS test applies as in
section 1(A)(7)(B) of this ordinance [§18-
201 (G-2)]
Garbage disposal unit 12.80 per quarter
Bidet 4.80 per quarter
Water softener 12.80 per quarter
Floor drain 2.40 per quarter
Every owner who shall have refused entry to his property by duly authorized personnel
of the Borough of Mechanicsburg, for the purpose of conducting a fixture survey, shall
be presumed to have the same number and types of fixtures equivalent to the account of
that property in the Borough, in this category of usage, which is being charged the high-
est quarterly billing amount at the time such entry shall have been refused, and shall
be billed accordingly. [Ord. 1046]
C. Public Buildings, Hospitals, R.R. Stations
First fixture (basin)
Each additional fixture:
Basin
Bathtub or shower bath
Toilet or urinal
Sink or laundry tub
Drinking fountains
$69 per quarter
6.40 per quarter
4.80 per quarter
6.40 per quarter
8 per quarter
2.40 per quarter
18-16 12/20/2005
(18, PART 2)
D.
Refrigerator drain or drain from air condi-
tioning unit
Potato peeler
Automatic washing machine
Garbage disposal unit
Bidet
Dishwasher
Floor drain
Water softener
Whirlpool tub
2.40 per quarter
6.40 per quarter
6.40 per quarter
12.80 per quarter
6.40 per quarter
12.80 per quarter
2.40 per quarter
12.80 per quarter
12.80 per quarter
Every owner who shall have refused entry to his property by duly author-
ized personnel of the Borough of Mechanicsburg, for the purpose of conduct-
ing afixture survey, shall be presumed to have the same number and types
of fixtures equivalent to the account of that property in the Borough, in this
category of usage, which is being charged the highest quarterly billing
amount at the time such entry shall have been refused, and shall be billed
accordingly. [Ord. 1046]
Restaurants, Clubs, Hotels, Theaters, Recreation Halls
First fixture (basin) $69 per quarter
Each additional fixture:
Basin 9.60 per quarter
Bathtub or shower bath 9.60 per quarter
Toilet or urinal 12.80 per quarter
Sink or laundry tub 40 per quarter
Drinking fountain 2.40 per quarter
Soda fountain or bar drain 16 per quarter
Refrigerator drain or drain from air condi- 3.20 per quarter
tinning unit
Potato peeler 12.80 per quarter
Automatic washing machine 12.80 per quarter
Garbage disposal unit 12.80 per quarter
Bidet 12.80 per quarter
Dishwasher 25.60 per quarter
Water softener 12.80 per quarter
12/20/2005 18-17
SEWERS AND SEWAGE DISPOSAL
Floor drain 3.20 per quarter
Grease trap 25.60 per quarter
Every owner who shall have refused entry to his property by duly author-
ized personnel of the Borough of Mechanicsburg, for the purpose of conduct-
ing afixture survey, shall be presumed to have the same number and types
of fixtures equivalent to the account of that property in the Borough, in this
category of usage, which is being charged the highest quarterly billing
amount at the time such entry shall have been refused, and shall be billed
accordingly. [Ord. 1046]
E. Garages, Automobile Service Stations
First fixture (basin) $56.20 per quarter
Each additional fixture:
Basin 9.60 per quarter
Bathtub or shower bath 4.80 per quarter
Toilet or urinal 9.60 per quarter
Drinking fountain 2.40 per quarter
Refrigerator drain 2.40 per quarter
Wash rack 32 per quarter
Garbage disposal unit 12.80 per quarter
Bidet 9.60 per quarter
Dishwasher 12.80 per quarter
Every owner who shall have refused entry to his property by duly author-
ized personnel of the Borough of Mechanicsburg, for the purpose of conduct-
ing afixture survey, shall be presumed to have the same number and types
of fixtures equivalent to the account of that property in the Borough, in this
category of usage, which is being charged the highest quarterly billing
amount at the time such entry shall have been refused, and shall be billed
accordingly. (Ord. 1046]
F. Schools. $1.60 per pupil per quarter, each of four quarterly payments to be
based upon the total number of pupils enrolled for the last preceding session
of the school year. Teachers and employees shall be classified as pupils for
sewer rental purposes.
G. Industrial Establishments
(1) Industrial Establishment shall mean any premises used wholly or in
part for the manufacture, processing, cleaning, laundering, or assem-
18-18 12/20/2005
(18, PART 2)
bly of any product, commodity, or article or from which any process
waste, as distinct from domestic sewage, shall be discharged.
(2) The flat quarterly rental for industrial establishments shall consist of
abase charge of 1,000 gallons applied to a total volume of waste rep-
resenting the average total discharge of waste to the sewer system per
working day for the week of maximum discharge during the year, as
monitored or estimated by the Borough Manager; to which base
charge shall be added an adjustment to compensate for the character
of the waste as indicated by the content of suspended solids, biochemi-
cal oxygen demand (B.O.D.), total phosphorus, and ammonia-nitrogen
of the waste. The suspended solids and B.O.D. content of the waste
shall be determined by the Borough Manager on the basis of analysis
of the waste taken under his direction. [Ord. 1005]
(3) Sewer rentals for premises classified as industrial, shall be fixed by
the Borough at flat rates payable quarterly and based in each case
upon the volume and character of the wastes discharged to the sewer
system, such flat rates to be subject to adjustment or change by the
Borough from time to time as conditions warrant. In no case shall this
quarterly rental be less than $4.80 per person employed in or about
the premises.
2. Minimum Sewer Rentals
A. The sewer rental or charge to each establishment, except for the classifica-
tion "Dwelling Units" set forth in subparagraph (1) of section 1-A of this or-
dinance [§18-201 (1-A) this Part 2], which shall discharge sewage and/or in-
dustrial wastes to the sewer system shall not be less than $3.20 per 1,000
gallons of water consumed. The volume of water to be used for such billing
shall include any and all water purchased publicly or privately and in addi-
tion all water obtained from any other sources (wells, springs, streams, etc.)
as determined either by meters which the Borough may require or estimates
made by the Borough. The Borough may require the exclusion of noncon-
taminated waste waters from the sewer system and when such waste wa-
ters are excluded, such sewer rental billings shall be based upon total water
consumption less waste waters excluded. Sewer rentals or charges imposed
pursuant to this subparagraph shall be based upon the volume of water con-
sumed during the quarter preceding the quarter for which the billing is ren-
dered.
B. The sewer rental or charge to each establishment, except for the classifica-
tion "Dwelling Units" set forth in subparagraph (1) of section 1-A of this or-
dinance [§18-201(1)(A) this Part 2] and except for the classification "Schools"
set forth in subparagraph (6) [§18-201 (1)(F)] above shall not be less than
$5.80 per employee per quarter.
12/20/2005 18-19
SEWERS AND SEWAGE DISPOSAL
C. Where more than one establishment is located in the same building and us-
ing acommon fixture, the sewer rental or charge to each of such establish-
ments shall not be less than $29 per quarter.
(1) Sewer rental charges shall start on the date connection is made to the
sewer system, and shall be payable quarterly as hereinafter provided
in advance.
(2) Each user of the sewerage system operated by this Borough shall be
notified by this Borough, not less often than annually, in conjunction
with a regular bill for sewer rentals and charges, of the rate and that
portion of the sewer user rental and charge or, if applicable, of any ad
valorem taxes which are attributable to waste water treatment ser-
vices.
3. Surcharge Schedule
A. The owner of an industrial establishment discharging industrial wastes to
the sewer system having an average five day B.O.D. greater than 200 milli-
grams per liter, and/or a suspended solids content greater than 220 milli-
grams per liter, and/or a total phosphorus content greater than 12 milli-
grams per liter, and/or an ammonia-nitrogen content greater than 26 milli-
grams per liter shall pay a quarterly strength of waste surcharge in addition
to applicable volume charges, equal to in accordance with the following
strength of waste surcharge equation:
Quarterly surcharge = (OMP) (M/4) [(discharge conc. -surcharge conc.) 8.34 Q/B] +
(CCP)(ACF/4)[(discharge conc. -surcharge conc.)8.34 Q/B]
Where:
OMP =Operation and maintenance cost percentage, taken as the percent-
age of total facility O&M costs attributed to the treatment of the spe-
cific pollutant of concern.
M =Annual Mechanicsburg sewerage operation facilities operation and
maintenance budget.
Q =Average daily flow, expressed in million gallons per day, of the waste-
water discharge which is subject to the payment of a surcharge.
B =Average loading of the specific pollutant of concern to the Mechanics-
burg WWTP over a calendar quarter, expressed in pounds per day.
CCP =Capital cost percentage, taken as the percentage of the total facility
capital costs attributed to the treatment of the specific pollutant of concern.
ACF =Total facility amortized cost.
18-20 12/20/2005
(18, PART 2)
[Ord. 1005]
B. Surcharges shall be applicable to all sewer rental billings. The strength of
industrial wastes to be used for establishing the amount of surcharges shall
be determined at least once quarterly either: (a) by suitable sampling and
analysis of the industrial waste for three consecutive days during a period of
normal plant operation; or (b) from estimates made by the Borough; or (c)
from known relationships of products produced to strengths of industrial
wastes for those industries where such factors have been established. In es-
tablishing industrial wastes strengths for surcharge purposes by analysis,
analyses shall be made in accordance with procedures established by the
EPA pursuant to §304(g) of the Clean Water Act and contained in 40 CFR,
Part 136, as amended. Owners of industrial establishments discharging
sewage and/or industrial waste to the sewer system shall furnish the Bor-
ough upon request all information deemed essential by the Borough for the
determination of applicable sewer rental surcharges for excess strength
wastes. The cost of obtaining such information shall be borne by the owner
of the industrial establishment. [Ord. 1005]
C. Each user of the sewerage system operated by this Borough who discharges
any toxic pollutants which cause an increase in the cost of managing the ef-
fluent or the sludge of the sewage treatment plant operated by this Borough
shall pay for such increased costs, which payment shall be in addition to all
other sewer rentals or charges imposed for use of said sewerage system.
4. Schedule of Connection Charges
A. Residential Properties
Connections six inches or less in diameter for first dwelling unit per connec-
tion $30
For each additional dwelling unit per connection $15
B. Commercial Properties
(1) Connections six inches or less in diameter for first establishment per
connection $40
For each additional establishment per connection $20
(2) Connections eight inches in diameter for first establishment per con-
nection $50
For each additional establishment per connection $25
C. Industrial Properties
12/20/2005 18-21
SEWERS AND SEWAGE DISPOSAL
(1) Connections six inches in diameter $50
(2) Connections eight inches in diameter $75
(3) Connections 10 inches in diameter $100
D. Connection charges for connections larger than 10 inches in diameter to be
fixed by the Borough, but not less than $500. [Ord. 1005]
E. In addition to the above stated connection charges, all owners of property
connecting with the sewers, sewerage system and sewage treatment works
of the Borough of Mechanicsburg, Pennsylvania, shall pay an additional
connection charge to the Borough of Mechanicsburg in an amount equal to
the cost of installing the lateral for said connection; provided, however, this
additional connection charge shall not be paid to the Borough by the owner
of a land subdivision or a developer who has been required to install sewers
and laterals as a condition to the approval of the subdivision or development
plan or where the facilities are constructed and dedicated by the property
owner who requested the connection.
5. Schedule of Tapping Fees.
A. The tapping fee upon the owner of each property making any connection to
the sewer system, regardless of whether the connection is direct or indirect,
including changing the type of use of property previously connected or con-
necting one or more additional uses of the types hereinafter referred to
through an existing connection, and regardless of whether such property is
connected separately or through one or more existing or new lateral or
sewer connection shall be $2,187, for each additional equivalent dwelling
unit (EDU) located on said property, which said tapping fee is based on the
capacity part component in accordance with the provisions of the Pennsyl-
vania Municipalities Authority Act, a detailed itemization of the calculation
showing the manner in which the tapping fee was determined is on file in
the Borough office. For nonresidential owners, the number of EDUs to be
assigned to each owner shall be determined upon actual hydraulic of the es-
tablishment and estimated and actual hydraulic and/or organic loads which
may be or are discharged into said sewer lines. These estimates shall be
made on the basis of the standards established by the Borough for different
types of users. Whenever actual hydraulic and/or organic loads exceed esti-
mates, additional tapping fees shall be charged.
B. Where any property connected to said sewer line shall be converted,
enlarged or remodeled or additional building shall be constructed on a prop-
erty and connected indirectly to said collection line through an existing lat-
eral, so as to create or establish additional uses as classified in subsection
(A) hereof and resulting in more EDUs located on said property, an addi-
tional tapping fee determined in accordance with subsection (A) hereof, for
18-22 12/20/2005
(18, PART 2)
each such additional use, shall be payable to the Borough by the owner of
said property.
[Ord. 1005]
6. Military Reimbursement of Payment for Sewer Rentals.
Any owner-occupier of a residential dwelling unit connected to the sewers, sewage
system and sewage treatment works of the Borough who shall be absent from
such premises for a continuous period of not less than three consecutive months
solely by reason of service on active duty in the Armed Services of the United
States shall be reimbursed his payments for sewer rentals for such period of ab-
sence, provided such unit shall remain unoccupied during such period and; pro-
vided, further, he shall submit to the Borough Manager prior written notice of his
scheduled absence together with proof of such service orders and, upon his return,
proof of nonoccupancy of such unit during the period of service. Nonoccupancy
shall be proven by the presentation of accurate water meter readings for the unit.
(Ord. 917, 9/15/1981, §1; as amended by Ord. 1005, 11/17/1998, §§13-25; and by Ord.
1046, 1/21/2003, § 1; Ord. 1068, 3/1/2005, § l; and by Ord. 1069, 5/16/2005, §§ 1, 2)
§18-202. Billing and Payment/Due Dates/Delinquent Sewer Rentals.
The above connection charges and tapping fees shall be payable upon application for
permit to make such connection. The above rental charges shall be paid quarterly, in
advance, and quarterly billings for sewage service shall be made as of the first days of
January, April, July and October of each year. The above surcharge payments shall be
applied to the then current quarterly rentals and to all subsequent quarterly rentals
until the BOD, and/or suspended solids, and/or phosphorus, and/or ammonia-nitrogen
concentrations no longer exceed the limits set for in this ordinance [Part 2]. The first
bills will be sent out for the first quarterly period or portion thereof during which the
sewage system operates. The owners of properties connecting during any such quarterly
period shall pay a pro rata charge for service for the balance of said period. Quarterly
charges for sewage service shall be subject to a 10% penalty if not paid within 30 days of
the first day of each quarter. The Borough shall have the right to cut off sewage service
from the delinquent premises and not to restore the same until all delinquent bills
against the same and the cost of cutting off and restoring service shall have been paid.
(Ord. 917, 9/15/1981, §2; as amended by Ord. 1005, 11/17/1998, §26)
§18-203. [Reserved]
(Ord. 917, 9/15/1981, §3; as repealed by Ord. 1005, 11/17/1998, §27)
§18-204. Unpaid Sewer Rent or Charge.
12/20/2005 18-23
SEWERS AND SEWAGE DISPOSAL
In the event that an owner of improved property connected to and served by the sewer
system does not pay quarterly rentals or charges on or before the applicable billing due
dates, the Borough, at its discretion, may exercise any or all of the following remedies:
A. Refer delinquent rentals or charge accounts to an approved agency for col-
lection, with all costs to the Borough therefore to be borne by the owner of
the improved property.
B. Initiate civil proceedings, the cost of which shall be borne by the owner of
the improved property.
C. File a municipal lien against the improved property so connected to and
served by the sewer system, which lien shall be filed with the office of the
Prothonotary of Cumberland County, Pennsylvania, and shall be collected
in the manner provided by law for the filing and collecting of municipal
claims.
D. Immediately cease sewer service by severing the connection of the improved
property to the sewer system.
E. Utilize any new remedy hereinafter adopted by the Borough Council relative
to the collection of delinquent sewer rentals or charges.
(Ord. 917, 9/15/1981, §4; as amended by Ord. 1022, 11/12/2000, §1)
§18-205. When Charges Become Effective.
The rentals and connection charges hereby imposed shall become effective as of the date
of adoption of this ordinance [Part 2], and the tapping fees hereby imposed shall become
effective on the date this ordinance [Part 2] is adopted for all connections made from
and after the date of this ordinance [Part 2] is adopted.
(Ord. 917, 9/15/1981, §5; as amended by Ord. 1005, 11/17/1998, §28)
§18-206. Apportionment of Sewer Rental for Part of Year.
Whenever sewer service to any property begins after the first day, or terminates before
the last day of any year, the sewer rental for such property, for such year, shall be for
that portion of the year during which the said property is served; provided, however,
that in making such apportionment, a fraction of a month, amounting to 1/2 or more of a
month, shall be counted a full month, and a fraction of a month amounting to less than
1/2 of a month shall be disregarded.
(Ord. 917, 9/15/1981, §6)
18-24 12/20/2005
(18, PART 2)
§18-207. Penalty.
Any person who shall violate any of the provisions of this ordinance [this Part 2] or who
shall fail to comply therewith, or who shall violate or fail to comply with any order is-
sued hereunder, shall be guilty of a violation of this ordinance, and, upon conviction
thereof shall be sentenced to pay a fine not exceeding $300 and costs of prosecution, or
to undergo imprisonment in the county jail for not more than 30 days.
(Ord. 917, 9/15/1981, §7; as amended by Ord. 925, 4/19/1983)
§18-208. Severability.
In the event any provision, section, sentence, clause or part of this ordinance [this Part
2] shall be held to be invalid, such invalidity shall not affect or impair any remaining
provision, section, sentence, clause or part of this ordinance, it being the intent of this
Borough that such remainder shall be and shall remain in full force and effect.
(Ord. 917, 9/15/1981, §8)
12/20/2005 18-25
BOROUGH OF MECHANICSBURG
36 West Allen St. MECHANICSBURG, PA 17055-6257
Telephone 717-691-3310 • Fax 717-691-3312
JStough@MechanicsburgB orough. org
June 6, 2007
Ms. Laverla Yeager
1016 East Simpson Street
Mechanicsburg, PA 17055
Re: 1016 E Simpson Street
Notice of Violation
Ms. Yeager:
Jonathan S. Stough
Borough Manager
This correspondence is being sent to you as documentation of the information provided to your
son, Tim Yeager, this morning at the Mechanicsburg Borough Office. The sewer ~con~iection that
was done at the above property location on June 2, 2007 is in violation of the following sections
of the Borough Ordinance:
§18-104.1- No connection of plumbing fixtures shall be made to the sewer system
without obtaining a connection permit from the Borough.
§18-104.4- A separate and independent building sewer and lateral shall be provided for
every building,
i
§18-104.10 -The applicant for the building sewer permit shall notify the Boroµgh when
the building sewer is ready for inspection and connection to the sanitary sewer.. The
connection shall be made under the supervision of the Borough or its representative.
§18-104.13 -Any plumber or other person who shall neglect or refuse to take out a
permit or comply with the provision of this ordinance, or fail to make the reports herein
designated, shall not be deemed competent to perform any work intended to be connected
with the sewer system, and no work performed by such plumbers or other persons shall
be connected with the sewer system.
In accordance with §18-107 the Borough .intends to file a citation with the District Magisterial
Judge for the above referenced violations. The Borough has deemed these violations to be a
willfully negligent violation on your part as the property owner. Your son was informed in
January and May of 2007 of the proper steps required to connect this property to the Borough
sanitary sewer.
On June 2, 2007 your contractor was informed by the Borough Manager and a Uniformed Police
Patrol Officer that this work was being done without a permit and work must be halted until you
obtained the appropriate permits. The trench must now be reopened and the work uncovered by
„~~ goYou.gh o f tviec~naw~csbu.rg - ~ good p~a~e to l,%V~"
the contractor for the Borough to perform the required inspections. The Borough will allow your
contractor to complete this connection work for you, however, the Borough may chose to enforce
the ordinance and discontinue the contractor's ability to perform work related to sewer
connections in the Borough of Mechanicsburg in the future due to this infraction.
Enclosed is a permit for connection to the Borough's sewer system and a fee schedule. Please
remit this application with your payment within five (5) days of receipt of this letter. If you are
financially unable to pay this permit fee, the Borough will file a municipal property lien against
your property for the cost of the connection and administrative fees. This lien will be a matter of
public record and may impact your personnel credit history.
If you have any questions regarding the information provided, please feel free to contact me at
the Borough Office.
Sincerely,
o than S. Stough
Borough Manager
JSS/gb
Enc.
Exhibit "C"
SCHEDULE OF FEES -SEWER CONNECTION
1. Residential Properties:
A connection of six inches (6") or less in diameter for the first dwelling unit per connection: $30.00
For each additional dwelling unit per connection:
2. Commercial Properties:
Connections six inches (6") or less in diameter for the first establishment per connection:
For each additional establishment per connection:
Connections eight inches (8") in diameter for the first establishment per connection:
For each additional establishment per connection:
3. Industrial Properties:
Connection six inches (6") in diameter:
Connection eight inches (8") in diameter:
Connection ten inches (io") in diameter:
$i5.oo
$40.00
$20.00
$50.00
$25.00
$50. o0
$75.00
$YOO.oo
4.' .Connection charges for connections larger than ten inches (io") in diameter to be fixed by the
Borough. But no less than $500.00.
5. Tapping fees: $2,369.00 per EDU
Exhibit "D"
BOROUGH OF MECHANICSBURG
36 West Allen St. MECHANICSBURG, PA 17055-6257
Telephone 717-691-3310 • Fax 717-691.-3312
JStough@MechanicsburgBorough.org
June 25, 2007
Ms. Laverla Yeager
1016 East Simpson Street
Mechanicsburg, PA 17055
Jonathan S. Stough
Borough Managez•
Re: 1016 E Simpson Street
Notice of Violation
Ms. Yeager:.,
I am writing to follow up an the Borough Council meeting of June 19, 2007. Pleasebe advised
that this letter is your written notice that your sewer connection is in violation of the Borough
Ordinance and you have ten (10} day to come into compliance. Please complete the following
items:
1. A connection permit is required. Please compYete the enclosed application and pay your
connection fees to the Borough Office.
2.~ Have yaur• contractor open the trench where your sewer lateral was. constructed-for an
inspection and contact the wastewater treatment plant to schedule an inspection.
3. Contact Ron Adams at the Wastewater Treatr>`ient Plant to have the location for the connectian
to the sewer main marked.
4. Please provide certification from the contractor that closed out your in-ground septic system
that the work was completed in compliance with Borough regulations.
Failure to have this work completed by July 6, 2007 will result in a citation being filed against
you for each day you continue to violate this Ordinance.
If you have any questions regarding the information provided, please feel free to contact me at
the Borough Office.
SineereIy,
ew.. ~~
Jonathan S: Stough
Borough Manager
JSS/gb
Enc.
Certified: 7001 1940 0006 8638 3286
First Class
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VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unsworn f alsification to authorities.
DATE: July .~ , 2007
Laverla Yeager.
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LAVERLA YEAGER,
Plaintiff
vs.
BOROUGH OF MECHANICSBURG
Defendant
:1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No 07-4022 CIVIL TERM
CIVIL ACTION
NOTICE TO PLEAD
TO: Laverla Yeager, Plaintiff
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW
MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
Date:~~ysT ~c~''2~~
B•
Edward L. Schorpp, Esq.
35 South Thrush Drive
Carlisle, Pennsylvania 17015
(717)243-9258
Solicitor for Defendant
LAVERLA YEAGER,
Plaintiff
vs.
BOROUGH OF MECHANICSBURG
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No 07-4022 CIVIL TERM
CIVIL ACTION
ANSWER
AND NOW, comes the Defendant, Borough of Mechanicsburg, by and through its Solicitor
and counsel, Edward L. Schorpp, Esquire, and answers Plaintiff's Complaint as follows:
1-3. Admitted.
4-6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of these averments and the same are therefore
denied.
7. Denied as stated. It is admitted that an accessory structure on Plaintiff's tract was
connected to the Borough's sanitary sewer system at some time in the past. The residence on the
tract was never connected to the Borough's sanitary sewer system. It is denied that the "property"
was connected to the system and it is believed that Plaintiff's averment in this respect is intentionally
vague and misleading.
8. Admitted in part and denied in part. It is admitted that the Borough sewer terminates
in the center of Gale Street, however the distance to connect is denied. To the extent that these
averments imply placing an excessive burden on Plaintiff to connect the residence to the Borough's
sanitary sewer system, the same is denied. Plaintiff has installed a line from the residence to the
garage. To the extent that the line was properly installed, a fact unknown to the Borough because
the line was installed without opportunity for Borough inspection, that part of the work is potentially
finished, thus shortening any distance for connection.
9. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of these averments and the same are therefore
denied. It is further denied that an existing lateral services her "property," but, to the contrary, the
lateral services one of two structures on the tract of land. By way of further answer, the work was
performed without a permit, was not inspected by the Borough and constitutes an unlawful
connection to the Borough's sanitary sewer system.
10. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of these averments and the same are therefore
denied.
11-13. Admitted. By way of further answer, the letter speaks for itself.
14. Denied. These averments constitute conclusions of law for which no answer is
required. The Code of Ordinances of the Borough of Mechanicsburg (Code) and section 18-104.4
in particular, speak for themselves.
15. Admitted in part and denied in part. It is admitted that, in accordance with the lawful
Code, the defendant requires the Plaintiff to install a "lateral" from the residence to the public sewer
system. Plaintiff's use of the word "lateral" is misleading and imprecise. Specifically, Plaintiff must
construct a building sewer and a lateral, as those terms are defined in the Code. Further, the Borough
2
is without knowledge or information sufficient to form a belief as to the truth of the cost of
installation, as other contractors may be willing to do the work for less money than the Baker
estimate.
16. Admitted in part and denied in part. Pursuant to lawful authority, the Borough
requires the opportunity to inspect the work completed. After reasonable investigation, the Borough
is without knowledge or information sufficient to form a belief as to the cost to uncover the line, and
the averment as to the same is therefore denied.
17. Admitted in part and denied in part. It is admitted that a street cut is necessary to
make the proper and lawful connection to the Borough's sewer system. By way of further answer,
the cost to do so is included in the Baker estimate attached to Plaintiff's Complaint.
18. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of these averments and the same are therefore
denied.
19. Denied. The averments of this paragraph constitute conclusions of law to which no
answer is required. To the extent answer is required, the Borough avers that Plaintiff's property is
no different than any other property with respect to abutting a public sewer and the end of the public
sewer has no lawful bearing on this matter.
20-21. Denied. The averments of these paragraphs constitute conclusions of law to which
no answer is required.
22-24. Admitted. By way of further answer, the letter speaks for itself. Additionally, as of
the date of this Answer, no per diem citations have been filed by the Borough against Plaintiff other
3
than the original citations for each violation.
COUNTI
25. The averments of paragraphs 1-24, inclusive, of this Answer are incorporated herein
by reference thereto.
26-31. Denied. The cited statutory and Code (ordinance) provisions speak for themselves.
The averments of these paragraphs constitute conclusions of law to which no answer is required.
32. Denied. Since adoption of the relevant Code provisions, the Borough has never
knowingly permitted other properties, with circumstances similar to Plaintiff's, to have a single
building sewer or single lateral connection to its sanitary sewer system for multiple buildings on the
same tract.
33. Denied. The Code and its provisions speak for themselves. The averments of this
paragraph constitute conclusions of law to which no answer is required.
WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed and that it be
awarded its attorneys fees and costs in this action.
COUNT II
34. The averments of paragraphs 1-33, inclusive, of this Answer are incorporated herein
by reference thereto.
35-38. Denied. The cited statutory and Code provisions speak for themselves. The
averments of these paragraphs constitute conclusions of law to which no answer is required.
4
39. Denied. In similar circumstances, the Borough has uniformly charged the payment
of connection costs in the described street area in a similar manner as is being charged Plaintiff.
40. Denied. By Ordinance, the Borough Council increased the tapping fee to $2,369.00.
Plaintiff has quoted an earlier tapping fee and the Borough is without knowledge as to the source of
Plaintiff s outdated information.
41-43. Denied. The averments of these paragraphs constitute conclusions of law to which
no answer is required. Further, Plaintiff has alleged her state of mind, which is a matter requiring
no answer herein.
WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and that it be
awarded its attorneys fees and costs in this action.
COiJNT III
44. The averments of paragraphs 1-43, inclusive, of this Answer are incorporated herein
by reference thereto.
45. The averments of this paragraph constitute conclusions of law to which no answer
is required.
46. Admitted.
47. Denied. The citations were filed as indicated in the Borough's notice of violation
letter to Plaintiff of June 6, 2007. The June 22, 2007 letter asserts the Borough's intention to
commence filing citation(s) for per diem violations as the violations alleged in the citations had not
been corrected. The letters speak for themselves.
5
48-55. Denied. The averments of these paragraphs constitute conclusions of law to which
no answer is required.
WHEREFORE, Defendant demands that Plaintiff s Complaint be dismissed and that it be
awarded its attorneys fees and costs in this action.
NEW MATTER
56. Plaintiff has failed to request a local agency hearing; therefore, she has failed to
exhaust her administrative remedies and her Complaint must be dismissed for lack of jurisdiction.
57. Plaintiff has failed to aver sufficient facts upon which a cause of action may be
predicated and her Complaint must be dismissed.
5 8. Plaintiff s Complaint must be dismissed as a matter of law as lacking in legal support
and failing to state any cognizable cause of action.
59. To the extent Plaintiff alleges that pertinent sections of the Borough's Code of
Ordinances are unconstitutional, Plaintiff has failed to allege sufficient facts to satisfy her very heavy
burden of proof and her Complaint must be dismissed as a matter of law.
60. Plaintiff was informed in January 2007, May 2007, and on other occasions, that she
was required to apply for and obtain a permit before performing any work related to the Borough's
sanitary sewer system.
60. Plaintiff intentionally refused to apply for a permit before having the sewer work
performed and was not denied a permit. As a result, Plaintiff lacks standing to challenge the validity
of the pertinent provisions of Borough ordinances or the ability of the Borough to enforce them.
6
61. Plaintiff did not apply for a permit before having the sewer work performed and was
not denied a permit. As a result, Plaintiff lacks standing to challenge the validity of the pertinent
provisions of Borough Code of Ordinances or the ability of the Borough to enforce them.
62. Plaintiff proceeded to perform work affecting the Borough's sewer system without
first applying for and obtaining a sewer permit, despite having knowledge of that requirement. She
has unclean hands and is not entitled to equitable relief in the form of an injunction or any other
remedy.
63. Plaintiff s conduct in bringing this action is arbitrary, vexatious and in bad faith,
thereby entitling Defendant to recover its reasonable attorneys fees in this matter as provided by 42
Pa.C.S. § 2503(9).
WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and that it be
awarded its attorneys fees and costs in this action.
Edward L. Schorpp, Esquire
Attorney for Defendant
PA. I.D. No. 17495
35 South Thrush Drive
Carlisle, PA 17015
717.486.8386
7
VERIFICATION
I verify that the statements contained herein aze true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Jo an S. Stough, Borou anager
Dated: ~--~' -.07
,. ,.
LAVERLA YEAGER,
Plaintiff
vs.
BOROUGH OF MECHANICSBURG
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No 07-4022 CIVIL TERM
CIVIL ACTION
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer was served this date by depositing same
in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows:
Andrew C. Sheely, Esquire
127 S. Market St.
PO Box 95
Mechanicsburg, PA 17055
Edward L. Schorpp, Esq.
Dated:/~.~T 6~7
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04022 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YEAGER LAVERLA
VS
MECHANICSBURG BOROUGH OF
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MECHANICSBURG BOROUGH OF
was served upon
the
DEFENDANT at 1446:00 HOURS, on the 23rd day of July 2007
at 36 WEST ALLEN STREET
MECHANICSBURG, PA 17055
TRISH HAMMAKER
by handing to
CODES & ZONING SECRETARY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.56
Postage .41
Surcharge 10.00
.00
~~~3~b7 9,., / 38.97
Sworn and Subscibed to
before me this
So Answers:
R . Thomas''rKI~'ine
07/24/2007
ANDREW SHEELY
By. r ~i~
day Deputy Sheriff
of A.D.
~, r
Andrea C. Shealy, Lsquire
127 8. l[arket Street
P.O. Box 95
Neohaniasburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
LAVBRLA YBAGBR, IN THB COURT OF COMMON PLBAS OF
Plaintiff CUMBBRLAND COUNTY, PBNNSYLVANIA
vs . 07 - ~{~ ~,,~,
BOROUGH OF MBCHANICSBURG, DBCLARATORY JUDGSMBNT ACTION
Defendant
PL1-I11TIlF' 8 PRSLII[IN11RY OSJECTIOHB
Plaintiff, Laverla Yeager, by and through counsel of Andrew C.
Shealy, 8squire, hereby files these Preliminary Objections pursuant
to Pa. R.C.P. No. 1028 (a) to the New Matter in the pleading filed
by Defendant, and respectfully states as follows:
1. Plaintiff commenced the above-captioned matter on or about
July 3, 2007
2. Defendant filed an answer and new matter on or about August
6, 2007.
3. Paragraph 63 of Defendant's New Matter contains a claim and
cause of action against Plaintiff on grounds that Plaintiff's
actions warrant relief pursuant to 42 Pa.C.S. Section 2530(9).
4. Defendant's pleading violates the Pa. R.C.P. No. 1028
(a)(2) by raising a cause of action in New Matter when such cause of
action, if such exist, should be raised in a Counterclaim as
required by Pa. R.C.P. No. 1031.
5. Defendant's pleading fails to set forth facts supporting a
cause of action warranting the relief sought within paragraph 63 of
its New Matter and Plaintiff hereby raises a demurrer to such claims
in accordance with Pa. R.C.P. No. 1028 (a)(4).
6. Defendant's pleading fails to set forth sufficient facts
warranting a cause of action as claimed in paragraph 63 of its New
Matter and Plaintiff hereby requests a more specific pleading so
that Plaintiff can frame a proper answer and defense to such
allegations in accordance with Pa. R.C.P. No. 1028 (a)(3).
WHEREFORE, Plaintiff respectfully requests that this Honorable
Court dismiss paragraph 63 of Defendant's New Matter, or in the
alternative, require Defendant to amend its pleading so as to comply
with the Rules of Civil Procedure.
fully submi
Date: August ~7 , 2007
16,nc~rew C . Sheely, Esqui
PA ID # 62469 ,
Attorney for Defendant
Laverla Yeager
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
2
I, Andrew C. Sheely, Esquire, hereby certify that I am this day
serving the foregoing Plaintiff's Preliminary Objections to
Defendant's Answer and New Matter upon the following named
individual this day by depositing same in the United States Mail,
First Class, postage prepaid, at Mechanicsburg, Pennsylvania,
addressed as follows:
Edward L. Schorpp, Esquire
Solicitor, Borough of Mechanicsburg
35 South Thrush Drive
Carlisle, FA 17015
Date: August 27 , 2007
Andrew C Sheely, Bsquire
.. + ~
I verify that the statements made in these Preliminary
Objections are true and correct. I understand that unsworn
statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsification to authorities.
t~
DATE: Auguste, 2007
Laverla Yeager
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