Loading...
HomeMy WebLinkAbout07-7332I SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff, vs. GEORGE L. DIEHL and RESHENDALENE L. DIEHL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3-3 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 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 SAIDIS, FLOWER & LINDSAY APr?AT IAW 26 West High Street Carlisle, PA 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, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (`£2 COMPLAINT AND NOW comes Plaintiff, SOUTHERN CUMBERLAND WATER SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff, vs. GEORGE L. DIEHL, RESHENDALENE L. DIEHL, Defendant. ASSOCIATION, by its attorneys, SAIDIS, FLOWER & LINDSAY, and avers the following: 1. Plaintiff is the SOUTHERN CUMBERLAND WATER ASSOCIATION, of 15 Lees Lane, Shippensburg, Pennsylvania 17257, a member run water association, supplying water to customers, primarily located in Southhampton Township, Cumberland County, Pennsylvania. 2. Defendants GEORGE L. DIEHL and RESHENDALENE L. DIEHL, FLOWER & 26 West High Street Carlisle, PA are adult individuals residing at 634 Walnut Bottom Road, Southhampton Township (Shippensburg), Cumberland County, Pennsylvania, and also own a property 636 Walnut Bottom Road, Southampton Township (Shippensburg), Cumberland County, Pennsylvania. 2 L 3. At all times relevant hereto, Defendants were customers of the SOUTHERN CUMBERLAND WATER ASSOCIATION, and received water from the Association's water system. 4. Plaintiff is governed by a Board of Directors elected from among the members (customers) of the Association. The SOUTHERN CUMBERLAND WATER ASSOCIATION, through its Board of Directors, has adopted By-Laws to govern its operation, a copy of which By-Laws are attached as Exhibit "A". The SOUTHERN CUMBERLAND WATER ASSOCIATION has also adopted Rates, Rules and Regulations governing water service, a copy of which are attached as Exhibit "B". 5. Approximately in March of 1999, the Board of Plaintiff discovered that the meter at Defendants' home at 634 Walnut Bottom Road had been modified by connecting two additional separate living units to one existing meter. At that time, the Rates, Rules and Regulations governing water service of Plaintiff provided that each separate living unit needed to have a separate connection to the system and a separate water meter. The charge for a connection to the system for each separate unit at that time was One Thousand Five ($1,500.00) Dollars, which amount was not paid by Defendant to Plaintiff. 6. At approximately July 15, 2005, Defendants created a separate FLOWER & LINDSAY AM?ATWAW 26 West High Street Carlisle, PA dwelling unit on the second floor of 636 Walnut Bottom Road. A mailbox was installed and marked "636-A" in addition to the mailbox that was already there, marked "636" 7. The Rates, Rules and Regulations governing water service at that time continued to require the connection of separate dwelling units, separately to the 3 I system, and required a separate meter. Defendants did not acknowledge to Plaintiff that they had created a separate apartment, and did not pay for the connection fee, which at that time was One Thousand Eight Hundred ($1,800.00) Dollars. 8. Defendants also owe Plaintiff for separate water fees for the second unit for the period from July of 2005 to October of 2007, at the rate of Sixty ($60.00) Dollars per quarter, for a total of unpaid water services in the amount of Five Hundred Twenty ($520.00) Dollars. 9. A bill setting forth all of the amounts due in an itemized fashion, which was sent to Defendants, remains due and unpaid, and is attached as Exhibit "C". 10. Plaintiffs Rates, Rules and Regulations governing water service, Exhibit "B", provide in paragraph 31, that if the Association must collect unpaid fees through legal action "the customer shall be liable to the Association, in addition to the aforesaid amounts, for any and all reasonable attorneys fees incurred in the collection process, and also for all court costs incurred." Paragraph 31 also provides for a ten (10%) percent penalty for all unpaid fees after thirty (30) days and for interest to run on the principal and penalty amount at the rate of one and one-half (1Y2%) percent per month, until paid in full. WHEREFORE, Plaintiff demands judgment against Defendant in the FLOWER & LINDSAY 26 West High Street Carlisle, PA amount of Five Thousand Three Hundred Twenty ($5,320.00) Dollars, plus ten (10%) percent penalty, interest at the rate of one and one-half (1'/ %) percent per month, and 4 reasonable attorneys fees and costs, an amount requiring submission to a Board of Arbitration for determination. SAIDIS, FLOWER & LINDSAY Attorneys for Plaintiff James D. Flower, Jr, 26 West High Street Carlisle, PA 17013 (717) 243-6222 I . D. #27742 FLOWER & LINDSAY 26 West High Street Carlisle, PA 5 VERIFICATION I, ROBERT L. FINK, SR., President of SOUTHERN CUMBERLAND WATER ASSOCIATION, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SOUTHERN CUMBERLAND WATER ASSOCIATION By. , Robert L. Fink, Sr., President Date: November 2007 SAMIS, RR & LINDSAY ?_TI1W 26 West High Street Carlisle, PA 6 ?ti:d,? ? FILE COPY BY-LAWS OF SOUTHERN CUMBERLAND WATER ASSOCIATION, INC. ARTICLE I - GENERAL PURPOSES: The purposes for which this corporation is formed and the powers which it may exercise are set forth in the Articles of Incorporation of the Corporation. ARTICLE II - NAME AND LOCATION: Section 1. The name of this Corporation is the Southern Cumberland Water Association, Inc. Section 2. The principal office of this corporation is located at Lee's Cross Roads, Southampton Township, Cumberland County, Pennsylvania, and the corporation may maintain offices and places of business at such other places within or without the state as the Board of Directors may determine. ARTICLE III - SEAL: Section 1. The seal of the corporation shall have inscribed thereon the name of the corporation, the year of its organization and the words "a non-profit corporation." Section 2. The secretary of the corporation shall have custody of the seal. Section 3. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. ARTICLE IV - FISCAL YEAR: The fiscal year of the corporation shall begin the first day of January and shall end the thirty first day of December in each year. - ARTICLE V - MEMBERSHIP: Section 1. The holders of membership certificates of this corporation are its members. Any bona fide owner of real estate in the area served by the corporation and who is in need of having water supplied for domestic, livestock, or commercial purposes, for industrial purposes if feasible, fror'n the water system operated by the corporation and who receives the approval of the Board of Directors may be admitted to membership upon subscribing for or otherwise acquiring a membership certificate, and by signing such agreements for the purpose of water as may be provided and required by the corporation, provided that no person otherwise eligible shall be permitted to subscribe for or acquire membership of the corporation if the capacity of the corporation's water system is exhausted by the needs of its existing members or if the Board of Directors determines that it is not economically feasible to furnish water to said applicant as provided in Article XI, Section 2. Each new member of the Southern Cumberland Water Association, Inc. shall pay a membership fee in an amount as set forth in the Rules and Regulations of the corporation, as amended from time to time. Each member shall be entitled to one service connection to the system, but shall be required to pay for additional service connections in accordance with the amounts set forth in the aforesaid Rules and Regulations. Section 2. In case of the death of a member or if a member ceases to be eligible to hold membership as provided in Section 1, the membership shall be freely transferable to said member's heirs or legal representatives, provided they reside within the area served by the Corporation. A member may similarly transfer his membership to any other member of his immediate family or a former spouse, provided the transferee resides in the same dwelling unit which had been owned by the member. A member shall # e receive no refund of any membership fee upon cessation of membership. The Beard r'f -D;Fentnrn shall have the If a member willfully fails to comply by these Bylaws and Rules and regulations of the corporation, or willfully obstructs the proper activities of the corporation, the corporation, through the Board of Directors, shall, upon providing the member with reasonable notice and a hearing, have the authority to declare the membership of said member to be forfeited. ARTICLE VI - MEMBERSHIP CERTIFICATES: Section 1. This corporation shall not have capital stock, but its capital shall be represented by membership certificates. Section 2. The membership certificates shall be issued to each holder or fully paid member and shall be numbered consecutively, in accordance with the order of issue. Each membership certificate shall bear on its face the following statements: (a) This membership Certificate No. , is issued and accepted in accordance with and subject to the conditions and restrictions stipulated in the Articles of Incorporation and By-Laws and amendments thereto of the Southern Cumberland Water Association, Inc. (b) Transfers of membership certificates shall be made only upon the books of the corporation, only to persons eligible to become members, only with the approval 2 of the Board of Directors, and only when the member transferring is free from indebtedness to the corporation. Any membership certificate may be purchased by the Board of Directors or cancelled for the non-payment of charges as is provided by the by-laws and such purchase or cancellation shall be shown upon the books of the corporation. Memberships may be declared to be forfeited by the Board of Directors for willful failure to comply with these Bylaws or the Rules and regulations of the corporation or willfully obstructing the purposes or proper activities of the corporation, as set forth in the Bylaws. (c) No member of this corporation shall be eligible to more than one vote at the meetings of the members or to hold more than one of the membership certificates of the corporation, regardless of the number of connections involved. Every member upon becoming a member of this corporation agrees to sign such agreement for the purchase of water from the corporation as may from time to time be provided and required by the corporation and agrees in case he desires to dispose of his membership certificate, to first offer the same to the corporation at its value to be determined by the Board of Directors, and that he will make no offer of assignment or sale of the same unless the corporation shall fail after thirty days notice in writing so to purchase the membership certificate. Section 3. All transfers of membership certificates shall be made upon the books, of the corporation upon the surrender of the certificates covering the same by the holders thereof, or by their legal representatives but only with the approval of the Board of Directors and only to persons eligible to become members and only when the transferring member is free from indebtedness to the corporation. Section 4. Each member agrees to sign such water users agreement as the corporation shall from time to time provide and require. ARTICLE VII MEETINGS OF MEMBERS: Section 1. The annual meeting of the members of this corporation shall be held on thirty (30) days' written notice between January 1 and April 1 at such date, time, and place as determined by the Board of Directors. Section 2. Special meetings of the members may be called at any time by the Board of Directors or by the secretary upon petition signed by at least ten percent (10%) of the members. No other business than that purpose stated in the Notice of Special Meeting shall be transacted thereat. At least ten (10) days' written notice shall be given of special meetings. Section 3. Notice of meeting of members shall be given to each member of record, directed to the address shown upon the books of the corporation; however, no individual failure or irregularity of any meeting shall affect any proceedings taken thereat. 3 Section 4. The members present at any meeting of the members shall constitute a quorum at any meeting of the corporation for the transaction of business. The voting powers of the members of this corporation shall be equal, each member shall have only one vote, and no voting by proxy shall be allowed. Section 5. The Directors of this corporation shall be elected at the annual meeting of the members. Section 6. The order of business at regular meetings and so far as possible at all other meetings shall be: 1. Calling to order and proof of quorum 2. Proof of notice of meeting 3. Reading of and action on any unapproved minutes 4. Reports of officers and committees 5. Election of directors 6. Unfinished business 7. New business 8. Adjournment ARTICLE VIII - DIRECTORS AND OFFICERS: Section 1. The Board of Directors of this corporation shall consist of nine (9) members, 11 of whom shall be members of the corporation. The directors named in the Articles of Incorporation shall serve until the first annual meeting of the members and until their successors are elected and have qualified. At the first annual meeting of the members, three (3) directors shall be elected for a term of two years; and three (3) directors for a term of three years. At each annual meeting thereafter, the members shall elect for a term of three years the number of directors whose terms of office have expired. Section 2. The Board of Directors shall meet within ten (10) days after the first election and within ten (10) days after the annual election of directors and shall elect by ballot a President and Vice-president, a Secretary and a Treasurer from among themselves each of whom shall hold office until the next annual meeting and until the election and qualification of his successor unless sooner removed by death, resignation, or for cause. Section 3. If the office of any director becomes vacant by reason of death, resignation, retirement, disqualification or otherwise, except by removal from office, a majority of the remaining directors, by a majority vote, shall choose a successor who shall hold office until the next regular meeting of the members of the corporation, at which time the members shall elect a director for the unexpired term or terms. In the call of such regular meeting a notice of such election shall be given. Section 4. The Board of Directors shall have the authority to fix reasonable compensation for directors of the Corporation for their services to the Corporation. 4 Section 5. Officers and directors may be removed from office in the following manner: Any member, officer, or director may present charges against a director or officer by filing them in writing with the secretary of the corporation. If presented by a member, the charges must be accompanied by a petition signed by ten percent (10%) of the members of the corporation. Such removal shall be voted on at the next regular or special meeting of the members and shall be effective if approved by a vote of a majority of the members. The director or officer against whom such charges have been presented shall be informed, in writing, of such charges five days prior to the meeting, and shall have the opportunity at such meeting to be heard in person or by counsel and to present witnesses; and the person or persons presenting such charges against him shall have the same opportunity. If the removal of a Director is approved, such action shall also vacate any other office held by the removed director in the association. A vacancy in the Board thus created shall immediately be filled by a vote of a majority of the members present and voting at such meeting. A vacancy in any office thus created shall be filled by the directors from among their number so constituted after the vacancy in the Board has been filled. ARTICLE IX - DUTIES AND POWERS OF DIRECTORS Section 1. The Board of Directors, subject to restrictions of law, the articles of incorporation, or these by-laws shall exercise all of the powers of the corporation, and, without prejudice to or limitations upon their general powers, it is hereby expressly provided that the Board of Directors shall have, and are hereby given, full power and authority in respect to the matters and as hereinafter set forth to do the following things: (a) To pass upon the qualification of members, and to cause to be issued appropriate certificates of membership. (b) To select and appoint all officers, agents or employees of the corporation or remove such agents or employees of the corporation for just cause, prescribe such duties and designate such powers as may not be inconsistent with these by-laws, fix their compensation and pay for faithful services, and further contemplating that such Board of Directors shall be authorized to employ a secretary of such Board who need not be a Board member, nor a member of the Association. (c) To borrow from any source, money, goods, or services and to make and issue notes and other negotiable and transferable instruments, mortgages, deeds of trust and trust agreements and to do every act and thing necessary to effectuate the same; to purchase, take, receive, lease, as lessee, or otherwise acquire and to hold, own, use and otherwise deal with any real or personal property, or any interest therein, situated in or out of this Commonwealth, which may be necessary and proper for its legitimate business and to sell and convey, lease, as lessor, and otherwise dispose of all or any part of said real or personal property. RMVided, howeyeF the E3e@F d of DiFe6teFs shall net bE)FFE)W FRE)Fe than $3,009.00 neF Make aR?' sale 9F PUFGI=1_AS_8_ Of A-Fly 5 6 (d) To construct facilities and to contract for the purchase of water and services and facilities necessary and proper for its legitimate purpose. (e) To prescribe, adopt and amend, from time to time, such equitable uniform rules and regulations as, in their discretion, may be deemed essential or convenient for the conduct of the business and affairs of the corporation and the guidance and control of its officers and employees, and to prescribe adequate penalties for the breach thereof. (f) To order, at least once each year, an audit of the books and accounts of the corporation by the competent public auditor or accountant. The report prepared by such auditor or accountant shall be submitted to the members of the corporation at their annual meeting. (g) To fix charges to be paid by each member for services rendered by the corporation to him, the time of payment and the manner of collection. (h) To require all officers, agents and employees charged with responsibility for the custody of any of the funds of the corporation to give adequate bonds, the cost thereof to be paid by the corporation, and it shall be mandatory upon the directors to so require. (i) To select one or more banks to act as depositories of the funds of the corporation and to determine the manner of receiving, depositing, and disbursing the funds of the corporation and the form of checks the persons by whom the same shall be signed, within the power to change such banks and the person or persons signing such checks and the form thereof at will. ARTICLE X - DUTIES OF OFFICERS: Section 1. Duties of President. The president shall preside over all meetings of the corporation and the Board of Directors, call special meetings of the Board of Directors, perform all acts and duties usually performed by the executive and presiding officer, and sign all membership certificates and such other papers of the corporation as he may be authorized or directed to sign by the Board of Directors, provided the Board of Directors may authorize any person to sign any or all checks, contracts, and other instruments in writing on behalf of the corporation. The president shall perform such other duties as may be prescribed by the Board of Directors. Section 2. Duties of the Vice-President. In the absence or disability of the President, the Vice-President shall perform the duties of the President, provided, however, that in case of death, resignation or disability of the President, the Board of Directors may declare the office vacant and elect his successor. Section 3. Duties of the Secretary. The Secretary shall keep a complete record of all meetings of the corporation and of the Board of Directors and shall have 6 r general charge and supervision of the books and records of the corporation. He shall sign all membership certificates with the President and such other papers pertaining to the corporation as he may be authorized or directed to do so by the Board of Directors. He shall serve all notices required by law and by these by-laws and shall make a full report of all matters and business pertaining to his office to the members at the annual meeting. He shall keep the corporate seal and membership certificates records of the corporation, complete and counter sign all certificates issued and affix said corporate seal to all papers requiring seal. He shall keep a proper membership certificate record, showing the name of each member of the corporation and date of issuance, surrender, cancellation, or forfeiture. He shall make all reports required by law and shall perform such other duties as may be required of him by the corporation of the Board of Directors. Section 4. Duties of the Treasurer. He shall under the direction of the Board of Directors have charge of the funds of this association and shall deposit the same in the name of this association in depositories designated by the Board of Directors; he shall pay any vouchers or orders properly attested by the President; and shall make a complete and accurate report of the financing of this association at such annual meeting of the members, or at any other time upon request of the Board of Directors; he shall give proper bond with approved surety in an amount as shall be set from time to time by the Board of Directors. Upon the election of his successor he shall turn over to the successor all books and other property belonging to the corporation that he may have in his possession. ARTICLE XI - BENEFITS AND DUTIES OF MEMBERS: Section 1. As to Charter Members, the corporation will install, maintain, and operate a main distribution pipe line or lines from the source of the water supply and the corporation will also install at its own cost and expense, on the property of each charter member, a water meter for the purpose of determining the consumption of water by each of the consumers. The corporation will also purchase and install a cut-off valve in each service line from its main distribution line or lines, such cut-off valve to be owned and maintained by the corporation. The corporation shall have the sole and exclusive right to use such cut-off valve to turn it on and off. Section 2. Upon receiving an application for membership, accompanied by the membership fee, the Board of Directors shall before approving such member and issuing a membership certificate, determine whether it is economically feasible to furnish water to such member, and whether the capacity of the corporation's water system is sufficient to supply the needs of its existing members and the needs of the new applicant for membership. In the event it is determined by the Board of Directors that it is not economically feasible to furnish water to such member, or the capacity of the corporation's water system is exhausted by the needs of its existing members, then the corporation shall not be required to furnish such water service but shall return the membership fee to the applicant. 7 Section 3. Members desiring additional service lines shall not be permitted any additional service lines unless the Board of Directors shall first approve the same. The Board of Directors shall have the right to refuse to grant additional service lines over and above the one as originally approved. No new service line or change in existing service line may be made which will interfere with an existing service line or the delivery of water therein. Each service line shall connect with the corporation's water system at the nearest available place to the place of desired use by the member if the corporation's water system shall be of sufficient capacity to permit the delivery of water through a service line at that place without interfering with the delivery of water through a prior service line. If the corporation's water system shall be inadequate to perming the delivery of water through a service line installed at such place without interfering with the delivery of water through a prior service line, then such service line shall be installed at such place as may be designated by the corporation. Each member shall maintain, repair, and if necessary, replace said service line at the member's own expense. The corporation shall have the right of ingress and egress for all purposes including the right to go into the property for the purpose of reading the meter, which shall include the right to repair, replace, and maintain said meter. Section 4. Each member shall be entitled to purchase from corporation, pursuant to such agreements as may from time to time be provided and required by the corporation, such water for domestic, livestock, and commercial purposes as member may desire; subject, however, to the provisions of these by-laws and the rules and regulations as may be prescribed by the Board of Directors. Section 5. In the event the total water supply shall be insufficient to meet all the needs of the members or in the event there is a shortage of water, the corporation may prorate the water available among the various members on such basis as is deemed equitable by the Board of Directors, and may also prescribe a schedule of hours covering use of water. The corporation must first satisfy all of the needs of all of the members for domestic purposes before supplying any water for livestock and must satisfy all of the needs of all of the members for both domestic and livestock purposes before supplying any water for other purposes. Section 6. The Board of Directors shall, set forth in the rules and regulations of the corporation appropriate procedures to be followed and penalties to be applied in the event that any member shall fail to pay water charges duly and appropriately imposed by the corporation in a timely fashion. The rules and regulations shall specify the rates for water charges and connections, as applicable from time to time. Section 7. In addition to the authority conferred on the Board of Directors by Section 6 of this article, the Board of Directors shall with the approval of a majority of the members present at a meeting called for such purposes, have the right to change the flat minimum rate to be charged each member during the calendar year at any time when it appears necessary to do so; provided that each member shall have at least ten (10) days' prior written notice of the meeting called for such purpose, together with notice of the supposed change of such rates. J Section 8. The Board of Directors shall be authorized to require each member to enter into water users agreements, which shall embody the principles set forth in the foregoing sections of this article. Section 9. It is hereby understood and agreed that before any proposed rate changes are put into effect, during any period that the corporation is indebted to the Farmers Home Administration, United States Department of Agriculture, or its insured lender, a copy of the proposal will be submitted to the local office of the Farmer's Home Administration. The County Supervisor will submit such proposals along with recent financial statement, operating budget, and other information, and his recommendation to the State Director of the Farmer's Home Administration. Any rate change should be submitted to the County Supervisor sixty (60) days in advance of the planned effective rate change so that the approval of the state director can be obtained. ARTICLE XII - DISTRIBUTION OF SURPLUS FINDS: Section 1. It is not anticipated that there will be any net income. If there should be any, then at the end of the fiscal year, after paying the expenses of the corporation for operation and otherwise, and after setting aside reserves for depreciation on all buildings, equipment and office fixtures and upon such other reserves as the Board of Directors may deem proper, and after providing for the payment of interest and principal of obligations and amortized debts of the corporation; and after providing for the purchase of proper supplies and equipment, the net earnings shall be accumulated in a surplus fund for the purpose of replacing, enlarging, extending, and repairing the system and property of the corporation and for such other purposes as the Board of Directors may determine to be for the best interests of the corporation. So long as indebtedness shall remain against the corporation, no part of any surplus fund shall be distributed to any of the members. After the indebtedness of the corporation is paid in full, and after establishing the funds as hereinbefore set forth, then if there is any surplus remaining at that time, then the rates for water consumed shall be adjusted so as to reduce the same and eliminate any future excess funds. Section 2. Any part or the whole of such apportionment may be credited at the discretion of the Board of Directors to the indebtedness of the members, should any exist, and in such case, the members shall be notified in writing of the amount so applied. ARTICLE XIII - FIRE PROTECTION Section 1. Fire hydrants shall be placed on main distribution lines at location deemed necessary by the Board of Directors. 9 s ARTICLE XIV - AMENDMENTS: Section 1. These by-laws may be repealed or amended by a vote of a majority of the members present at any regular meeting of the corporation, or at any special meeting of the corporation called for that purpose. Notice of any amendment to be made at a special meeting of the members must be given at least ten (10) days before such meeting and must set forth the amendments to be considered. Section 2. These by-laws may not be amended so long as the corporation is indebted to the Farmers Home Administration, United States Department of Agriculture, or its insured lender, without the approval of the Farmer's Home Administration. ARTICLE XV - NON-DISCRIMINATION The Southern Cumberland Water Association shall not discriminate against any member or proposed member by virtue of said individual's race, gender, creed or nation of origin. ATTEST: r ECRETARY 10 SOUTHERN CUMBERLAND WATER ASSOCIATION, INC. f BY: PRESIDENT ?x?ibif ? M, d °,Oc ©O313438 S3/83S 00009 ¦ " FILE COPY RATES RULES AND REGULATIONS GOVERNING WATER SERVICE WHEN OBTAINED FROM THE UTILITY SYSTEM OF THE SOUTHERN CUMBERLAND WATER ASSOCIATION, INC. 15 LEES LANE, SHIPPENSBURG, PA 17257 SOUTHAMPTON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA OCTOBER 1969 r.r REVISED rr M rftI I A TlV -9 A -'% AA A LAST FEBRUARY 24, 4004 TRACY ENGINEERS, INC. CONSULTING SANITARY ENGINEERS LEMOYNE, PENNSYLVANIA CONTENTS BY SECTIONS PAGE 1. Rules and Regulations 2 2. Tapping Fees for Water Service 1 3. Metered Rate Schedule Per Customer 11 This booklet of Rates, Rules and Regulations governing water services has been officially adopted by the Southern Cumberland Water Association, Inc. and is binding on all members. r RULES AND REGULATIONS - WATER SYSTEM The Word "Association" as used herein means the Southern Cumberland Water Association, Inc., Cumberland County, Pennsylvania, acting by and through its Board of Directors or, in appropriate cases, acting by and through its authorized representative. The word "Customer" as used herein means the party whether owner or tenant, utilizing water service furnished by the Association to a property as hereinafter classified. The word "Property" shall be classified as follows: A. APARTMENT- A dwelling unit within a building which contains other dwelling units. P RnARninirNni SE - A resiriential i ire in which individual ronm(sl that do not meet the definition of a dwelling unit are rented for habitation routinely for periods of seven (7) consecutive days or longer and that does not meet the definition of a hotel, dormitory, life care center, personal care center, bed-and-breakfast use, group home or nursing home. A college fraternity or sorority house shall be considered a type of "boardinghouse." A "boardinghouse" may either involve or not involve the providing of meals only to residents. C. BUILDING - Any enclosed or open structure, other than a boundary wall or fence, occupying more than four (4) square feet of area. 1. DETACHED - A building which has no party wall and which is surrounded on all sides by areas open to the sky. 2. SEMIDETACHED - A building which has only one (1) party wall and which is not attached to more than one (1) building. 3. ATTACHED BUILDING - A building which has two (2) or more party walls. D. BUSINESS UNIT- A building or land used for purposes other than an office including, but not limited to: 1. Retail sales 2. Business or personal services, including hair salons 3. Community service facilities, such as libraries, recreation centers, post offices 4. Hotels or motels 5. Boardinghouse 6. Custom printing and copying 7. Professional studio 8. Standard or fast-food restaurant 9. Exercise club 10. Day care centers 11. Beverage distributors 12. Financial institutions 13. Commercial recreation, including bowling alley, movie theater, skating rink or miniature golf course 2 14. Video arcade 15. Trade school 16. Massage therapist business 17. Small animal hospital 18. Laundromat 19. Plant nursery/greenhouse 20. Adult day-care center 21. Business machine shop sales and services 22. Photography studio 23. Convenience Store 24. Home occupation 25. Maintenance or auxilliary buildings which utilize water for sanitary facilities, sinks, washing or other use of fresh water supplied by the Association E. CONDOMINIUM - Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of 1963 or the Pennsylvania Uniform Condominium Act . F. DWELLING -A building designed or used as the living quarters for one (1) or more family. The term "dwelling" shall not include boardinghouse, hotel, motel, hospital, nursing home, fraternity, sorority house or any group residence. A dwelling may include a dwelling that meets the definition of a "modular home." - 1. MULTIFAMILY DWELLING - A building designed and occupied as a residence for three (3) or more families. This specifically includes garden apartments, mid-rise apartments or single-family attached dwellings. 2. SINGLE-FAMILY DETACHED DWELLING - A building used by one (1) family, having only one (1) dwelling unit and having two (2) side yards. 3. SINGLE-FAMILY SEMIDETACHED DWELLING - A building used by one (1) family, having one (1) side yard and one (1) party wall in common with another building. This is commonly known as one-half (1/2) of a twin or a duplex house. 4. SINGLE-FAMILY ATTACHED OR TOWNHOUSE (ROW) DWELLING - A building used by one (1) family and having two (2) party vertical walls in common with other buildings, such as row house or townhouse, except in the case of end buildings attached to such dwellings, which are also intended to be included in this definition. 5. Two-FAMILY DETACHED DWELLING - A building used by two (2) families, with one (1) dwelling unit arranged over the other and having two (2) side yards. 6. TWO-FAMILY SEMIDETACHED DWELLING - A building used by two (2) families, with one (1) dwelling unit arranged over the other, having one (1) side yard, and one (1) party wall in common with another building. G. DWELLING UNIT - One (1) dwelling occupied by one (1) family. Each dwelling unit shall have its own sanitary, sleeping and cooking facilities and separate access to the outside or to a common hallway or balcony. 3 I w H. FAMILY- One (1) or more persons [but not including more than three (3) persons not related by blood, foster relationship, marriage or adoption] living together in a single dwelling unit and maintaining and functioning as a common household. In addition, a maximum of one (1) person who is clearly a domestic employee may be housed within a dwelling unit. A group home shall not be considered a "family." 1. GARDEN APARTMENTS - Three (3) or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. This shall include buildings with a maximum height of three and one-half (3 '/2) stories or thirty- five (35) feet, whichever is less. The individual dwelling units may be leased or sold for condominium ownership. J. GROUP HOME - A use involving the residence of persons who need support services and who reside in a family-like residential environment. This shall only include a use licensed or certified under an appropriate state program. K. MANUFACTURED HOME - A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. L. MANUFACTURED HOME PARK - A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. M. MID-RISE APARTMENTS - Three (3) or more dwelling units within a building that is higher than thirty-five (35) feet or three and one-half (3 '/2) stories, whichever is less. N. MOBILE HOME - The same meaning as "manufactured home." o. MODULAR HOME - A type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or garden apartment that is in substantial part but not wholly produced in sections off the site and then is assembled and completed on the site. This shall not include any dwelling that meets the definition of mobile/manufactured home, nor shall it include any dwelling that does not rest on a permanent foundation, nor any dwelling intended to be able to be moved to a different site once assembled, nor any dwelling that would not fully comply with any and all applicable building codes. A modular home also shall not include a home that includes only one (1) substantial piece prior to delivery on the site. P. OFFICE - A use that involves administrative, clerical, financial, governmental or professional operations or operations of a similar character. This use shall not include retail or industrial uses, but may include business, governmental, professional, medical or dental offices and medical or dental clinics or medical or dental laboratories, photographic studios and/or television or radio broadcasting studios. Q. SCHOOL - An educational institution primarily for educating four (4) or more persons between the ages of four (4) and twenty (20) that primarily provides state-required or state-funded educational programs. 4 R. TOWNHOUSE - Single-family attached dwelling. The word "separate dwelling or business shall be defined as a separate dwelling unit or business. If a home is connected to a business, the home shall be considered a separate dwelling, and the business shall be considered a separate unit. Each separate dwelling or business must be a separate customer. MEMBERSHIP FEE 1. In order to become a member of the Southern Cumberland Water Association, a proposed member must comply with all requirements of membership as set forth in the Association's By-laws, and in addition pay a membership fee in the amount of $1,500.00, or such other sum as should be specified in amendments to these Rules and Regulations from time t_n time. Such fee shall be non-refundable. WRITTEN APPLICATION FOR WATER SERVICE CONNECTION 2. A written application for a water service connection shall be made to the Association on official forms provided by the Association by all property owners who desire to connect their properties to the water system. The application for a water service connection must be completely filled out and must describe the size, location and usage of the structure for which water service is requested. SERVICE CONNECTION 3. All service connections shall be made by the Association. Service connections shall only be available to members. The service connection will include the connection to the water main, and the service line to and including the curb stop and box, which will be placed inside the curb line. All service connections shall be maintained by, and are the property of, the Association. The Association reserves the right to determine the size and kind of service connection to be furnished. If the property owner desires a larger size service connection than is deemed necessary by the Association, he shall pay the additional cost which shall be determined at the time of connection is made. PROPERTY SERVICE 4. The property service is defined as the service line from the curb box to the structure for which the service is provided. The property service shall be installed and maintained by, and at the expense of, the property owner, and shall conform in all respects to the kind and size of line installed as the service connection. It shall be laid in a straight line insofar as is practicable and shall be provided with a minimum of 4-feet of cover. No property service shall be laid in the same trench with gas pipe, drain or sewer pipe, nor within 3-feet of any open excavation or vault. 5 SEPARATE PROPERTY SERVICE 5. A separate property service shall be required for each individual customer, as defined in these Rules and Regulations, for instance each separate property, whether a home, business, mobile home, or apartment or other property, whether constructed as a detached unit or in one building with several other units, although a single property service shall be permitted to serve a school, factory or church. For each new separate property service which is installed, the member shall pay the association a fee of $1500.00. Each member shall be entitled to one separate property service installation without such fee, in deference to the membership fee required to be paid to the Association. With reasonable notice and within reasonable periods of time, the Association may require members with presently non-complying properties to bring their properties in compliance with this section. Said separate property service fee shall be non-refundable. For larger businesses which may be expected to employ more than 10 workers within one vear of r_.nnnection, the property service fee shall be $1.500.00 plus $100.00 for each additional worker expected to be working at the premises within one year after connection. PROVISIONS FOR INSPECTION 6. Every property service must be inspected and approved by the Association representative before the trench is back-filled. MAINTENANCE BY CUSTOMER 7. All connections, service lines and fixtures furnished by the customer shall be maintained by him in good order, and all valves and appliances furnished and owned by the Association and on the property of the customer shall be properly protected and cared for by said customer. All leaks in the service line or any other pipe or fixture in or upon the premises supplied must be repaired immediately by the owner or occupant of the premises. LIABILITY OF ASSOCIATION 8. As necessity may arise in case of breakdown, emergency, or for any other unavoidable cause, the Association shall have. the right to cut off the water supply temporarily in order to make necessary repairs, connection, etc.; but the Association shall use all reasonable and practical measures to notify the customer; or any claim against it at any time for interruption in service, lessening of supply, inadequate pressure, poor quality of water, or for any causes beyond its control. RESERVE SUPPLY 9. The Association shall have the right to reserve a sufficient supply of water at all times in its storage facilities to provide for fire and other emergencies, or it may restrict or regulate the quantity of water used by any customer in case of scarcity, or whenever the public welfare may require it. 6 CHANGE IN OWNERSHIP OR TENANCY 10. An application for water service on the proper official form must be submitted for approval by the Association upon any change in ownership of property, and the Association shall have the right upon five days notice to discontinue the water supply until such new application has been made and approved. No such application for water service shall be approved unless any indebtedness of the prior tenant or owner to the Association is paid in full, whether by the prior owner or by the successor owner. If the prior owner did not have sufficient separate property services as required under the by-laws, the new owner must establish a sufficient number of connections as required under the by-laws. DISCONTINUATION OF WATER SERVICE BY CUSTOMER 11 All anraemcntc cnwering senlira fnr water Siipnly shall contin(le in force, unless and until reasonable notice in writing is given of a desire to terminate the contract. Water will be turned off from any premises upon the written request of the applicant without in any way affecting the existing agreements for service. The customer shall be charged a fee of $10.00 to turn the water off from any premises, and a further charge of $10.00 to turn the water back on. The customer shall provide access to the meter at the time the Association wishes to turn the water on or off, or for the purpose of a meter reading. DISCONTINUATION OF WATER SERVICE BY ASSOCIATION 12. Service may be discontinued by the Association for any of the following reasons: (a) For the use of water for any other property or purpose other than that described in the application. (b) For willful waste of water through improper or imperfect pipes, fixtures or otherwise. - (c) For molesting or willfully damaging any portion of the water system of the Association. (d) In case of vacancy of premises. (e) For neglecting to make or renew deposits or for non-payment of any charge accruing under the application. (f) For refusal of reasonable access to property for the purpose of inspecting. (g) For making, or refusing to sever, any cross connection between a pipe or fixture carrying water furnished by the Association and a pipe or fixture carrying water from any other source. 7 • . w (h) For non-payment of water charges. (i) For violation of any rules of the Association. TURN OFF WITHOUT PERMISSION 13. The customer shall not turn the water on or off at any corporation stop or curb stop without the consent of the Association. RENEWAL OF SERVICE AND TURN-ON FEE 14. Service will be renewed under a proper application when the conditions under which such service was discontinued are corrected, and upon the payment of all proper charges or amounts prnviriarl in the Rates of the Association due from the applicant. The fee for turning on the Water supply to any property shall be $50.00. This turn-on fee is applicable in all cases where the water service has been turned off by the Association for cause. This turn-on fee is in addition to any other charges incurred as a result of the water turn-off. SERVICE TO HOUSING DEVELOPMENTS OR ISOLATED BUILDINGS 15 . The Association shall have no liability to furnish complete water service at Association expense to any contemplated new housing development, nor to any isolated building or buildings inside or outside the Association boundary. USE OF HYDRANT 16. All persons are forbidden to open any fire hydrant or to use any water therefrom for sprinkling streets, for building, or any purpose without permission in writing from the Association, under the penalty prescribed by law, except in case of fire, and by Fire Companies to test the hydrants. Such tests shall be made directly under the supervision of an authorized agent of the Association. CONSTRUCTION BY BUILDER OR DEVELOPER OR BUSINESS 17. In those cases where a building developer, or business desires water service to be furnished to his property, the property owner shall furnish such service at his own expense. The property owner shall meet all conditions as set forth in those Rules and Regulations. Plot plans for such proposed construction must be submitted to the Association for approval prior to any construction. Water plans conforming to all original specifications established by the Association as to type of pipe, location of mains, size of pipe, grades, methods of laying pipe and the type and construction of all necessary appurtenances must be prepared by a Registered Professional Engineer and approval obtained from the necessary State agencies. The engineering fees and charges for permits will be paid by the property owner. In no case will lesser standards than exist in the presently constructed water systems and as outlined in these Rules and Regulations be permitted for any future extensions. Upon approval of such plans by 8 • the Association the extensions may be constructed by and at the expense of the property owner, but only under the inspection of an inspector designated by the Association and/or its Engineer. The cost of such inspection, including salaries and expenses shall be borne by the property owner making the extensions. Oi- W" "r f PRlUILE,,GE TO 'INVESTLGA7-,J - 18. The Association by its duly authorized agents shall have the right to access at all reasonable hours to all parts of any premises connected with the water systems for the purpose of examining and inspecting the connections and fixtures, or for disconnecting service or for any other cause. SPECIAL CONDITIONS 19. Any person or persons who desire an exception to be made, an interpretation to be given, or action to be permitted not specifically governed by these Rules and Regulations shall present their case in writing to the Association. In such an event, the decision of the Association must be considered final. CHANGING RULES AND VARIANCES 20. The Association reserves the right to change or amend, from time to time, these Rules and Regulations in accordance with law. These Rules and Regulations may be amended by majority vote of the Board of Directors. No officer or employee of the Association can vary these Rules without action of Board of Directors, and the Association may not be bound by any agent or employee's act or representation excepting when the authorization in writing has been given to do so by an executive officer of the Association. METERS REQUIRED 21. A separate meter is required for every customer indicated in these Rules and Regulations. In certain special cases, the Association may make an exception to this Section if separate meters cannot conveniently be placed in units where common plumbing fixtures exist. Such an exception will not, however, relieve the separate families or business from being each classified as a different customer account. The meter shall be installed in such a manner and at such locations as required by the Association, which may include installation of a meter in a pit at the expense of the customer. The Association reserves the right to inspect and approve the installation of said meters. METERS FURNISHED BY ASSOCIATION 22. All meters shall be furnished by the Association and shall remain the property of the Association. The Association shall have unobstructed access to the meters at all reasonable times and all meters shall be subject to its control. 9 METER LOCATION 23. The meter shall be set after the customer has had the plumbing arranged to receive the meter at a convenient point approved by the Association so as to control the entire supply. The customer will provide, a proper place for the meter so that it is suitably protected at all times. The meter location shall be approved by a representative of the Association before installation, to assure a convenient location for meter reading. The Owner shall ensure that the meters are accessible to the Association for the purpose of meter reading at all times. Members with properties that require multiple service connections shall keep the meters well maintained so the Association can determine which meter services which dwelling unit, and shall keep record of such location for the convenient reference and identification of the Association. COST OF METER REINSTALLATION 24. Where a meter is reinstalled or changed as a result of damage which was in any way due to the negligence of the customer, the Association shall charge the customer for its costs of the hardware required to replace the meter, plus a $25.00 administrative charge. METER REGISTRATION 25. The quantity recorded by the meter shall be conclusive on both the customer and the Association, except when the meter has been found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter when in order, as measured by readings for the year immediately preceding the malfunction of the meter. The customer shall immediately notify the Association of damage to or nonfunctioning of the meter. In case of a disputed account involving the accuracy of a meter, such meter will be tested upon the written request of the customer. In the event that the meter so tested is found to have an error in registration of four percent (4%) or more, no charge shall be made to the customer for testing or calibration, and the customer's bill for the previous quarter only will be adjusted. In the event that the meter so tested is found to be within a four percent (4%) margin of error, the customer requesting the test shall reimburse the Association for the costs of such calibration or testing plus a $25.00 administration fee. METER READING 26. The Association shall have the option of reading meters from the building exteriors. The Association representatives may enter upon the customer's premises for the purpose of such readings. Members shall ensure that their premises are safe for entry and reading of said meters. TAPPING FEES FOR WATER SERVICE APPLICATION REQUIRED 27. A written application for a new water connection shall be made to the Association on official forms provided therefore. The application shall describe the property for which service is 10 requested, and neither the Owner nor any subsequent owner or tenant shall allow any other property to be attached or connected with the water lines mentioned in the application. CONNECTION FEES 29. A connection fee may be charged for the installation of a water service connection, leading from the main to the curb line or property line of the property to be served. The fee shall be as determined by the Association for each individual connection. RATES FOR WATER SERVICE 30. Water rates, rents and charges for use of the Association Water system are fixed and imposed upon and shall be collected from all water customers of each improved Property connected to the cVCtPm Xnihirh shall he connected to facilities comnnsing the Southern Cumberland Water Association's System, whether such use or benefit resulting therefrom or such connection shall be direct or indirect. Such rates, rents and charges shall be effective on and after October 1, 1969, and shall be set forth in the following schedule: METERED RATE SCHEDULE PER CUSTOMER METER CHARGES Quantity in Gallons Per Quarter Rate Per Quarter First 8,000 or less $45.00 minimum charge Next 12,000 $5.00 per 1,000 gallons Over 20,000 $6.00 per 1,000 gallons BILLING AND COLLECTING 31. Bills for water service will be rendered quarterly for service furnished the preceding month and are payable upon presentation or delivery. The Association acting as its own collecting agent shall bill and collect said water rates, rents and charges, and all such bills shall be paid to the Association. Customers shall be liable to the Association in the amount of twenty-five ($25.00) dollars, for each and every bounded check. All bills remaining unpaid after thirty (30) days have elapsed from the date they are due shall be subject to a ten percent (10%) penalty which bill shall forthwith bear interest at the rate of one and one-half percent (1112%) per month on all unpaid amounts, including any penalty amounts, until paid in full. Should any customer's bill remain unpaid for such a period of time that the Association elects at its discretion to pursue legal action to recover the amount due, the customer shall be liable to the Association, in addition to the aforesaid amounts, for any and all reasonable attorney's fees incurred in the collection process, and also for all Court cost incurred. 11 I ' " ` If any customer fails or neglects to pay amounts due the Association for a period in excess of thirty (30) days, the Association shall have the power to shut off the supply of water to such premises until all such overdue charges, together with any penalties and interest thereon, shall be paid. In no case, however, shall the water supply be shut off to any premises until ten (10) days written notice of an intention to do so has been mailed to the person liable for the payment of the charges, and in addition thereto, there has been posted written notice at the premises. If the customer's water has been shut off for failure to pay sums due the Association, the customer must pay a reconnection fee of $50.00, in addition to all other sums due the Association, in order to have water services restored. SOUTHERN CUMBERLAND WATER ASSOCIATION, INC. ATTEST: ESIDENT RETARY 12 0 - . s C-,?xJ M.?.d ooe 00310038 S31 tl3S 00009 SOUTHERN CUMBERLAND WATER ASSOCIATION 15 Lees Lane Shippensburg, PA 17257 717-530-0703 November 4, 2007 Mr. George L. Diehl 634 Walnut Bottom Road Shippensburg, PA 17257 Connection Fee in 1999 to mobile home at 634 Walnut Bottom Road $ 1,500.00 Connection Fee in 1999 to mobile home at 634 Walnut Bottom Road 1,500.00 Connection Fee in 2005 to additional apartment at 636 Walnut Bottom Road 2,000.00 2/3 of billing period from July 2005 to September 2005 40.00 Billing period from October 2005 to December 2005 60.00 Billing period from January 2006 to March 2006 60.00 Billing period from April 2006 to June 2006 60.00 Billing period from July 2006 to September 2006 60.00 Billing period from October 2006 to December 2006 60.00 Billing period from January 2007 to March 2007 60.00 Billing period from April 2007 to June 2007 60.00 Billing period from July 2007 to September 2007 60.00 TOTAL 520.00 5,520.00 ?? e ? ? SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff, vs. GEORGE L. DIEHL and RESHENDALENE L. DIEHL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. a7 -73 3 2 C,?v '01 T??-4 M4 PRAECIPE TO THE PROTHONOTARY: A Complaint in this action having been filed by Plaintiff against Defendant, please enter a judgment of Lis Pendens against Defendant in this matter. SAIDIS, FLOWER & LINDSAY Attorneys for Plaintiff B SAIDIS, FLONVER LINDSAY 26 West High Street Carlisle, PA U James D. Flower, Jr., gaire 26 West High Str Carlisle, PA 17013 (717) 243-6222 I.D. #27742 November 13 6 7 2007 C) ?, czzo V T? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07332 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTHERN CUMBERLAND WATER A VS DIEHL GEORGE L ET AL DAVID MCKIEENY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIEHL GEORGE L DEFENDANT the at 1721:00 HOURS, on the 7th day of December-, 2007 at 634 WALNUT BOTTOM ROAD SHIPPENSBURG, PA GEORGE DIEHL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 17.28 Postage .58 Surcharge 10.00 R. Thomas Kline .00 io2/Zz/D 7, 45.86 12/14/2007 SAIDIS FLOWER LINDSAY Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR } r CASE NO: 2007-07332 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTHERN CUMBERLAND WATER A VS DIEHL GEORGE L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIEHL RESHENDALENE L the DEFENDANT , at 1721:00 HOURS, on the 7th day of December-, 2007 at 634 WALNUT BOTTOM ROAD SHIPPENSBURG, PA GEORGE DIEHL, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 I A.I-o1a -7 1 Sworn and Subscibed to before me this day of , by handing to So Answers: R. Thomas Kline 12/14/2007 SAIDIS FLOWER LINDSAY By: ? puty Sheriff A. D. SOUTHERN CUMBERLAND, WATER ASSOCIATION, Plaintiff V. GEORGE L. DIEHL AND RESHENDALENE L. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2007 - 7332 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendants, GEORGE L. DIEHL and RESHENDALENE L. DIEHL, in the above captioned case. Respectfully submitted, IRWIN & IG T By: ' Mar s A. McKnight, Esquire 60 s Pomfret Street Carlisle, sylvania 170 3 (717) 249-235 Attorney for defendants Date: January 4, 2008 SOUTHERN CUMBERLAND, WATER ASSOCIATION, Plaintiff V. GEORGE L. DIEHL AND RESHENDALENE L. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7332 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: James D. Flower, Esq. Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcu A i t, I Esquire 60 W Pomfret Street Carli le, PA 17013 (717) -2353 Supreme Co . No. 2547 Date: January 4, 2008 r? C. Z7 Zn rY =G SOUTHERN CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF WATER ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW 2007 - 7332 CIVIL TERM GEORGE L. DIEHL AND RESHENDALENE L. DIEHL, Defendant NOTICE TO PLEAD TO: Southern Cumberland Water Association, by its attorney, James D. Flower, Esq. Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT McKnight, III, Esquire fret Street insvlvania 17013-3222 (717)-249-2353 Supreme Court ID. No. 25476 Attorney for Defendants George L. Diehl and Reshendalene L. Diehl Date: January 7, 2008 SOUTHERN CUMBERLAND, WATER ASSOCIATION, Plaintiff V. GEORGE L. DIEHL AND RESHENDALENE L. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7332 CIVIL TERM ANSWER WITH NEW MATTER AND NOW come the Defendants, GEORGE L. DIEHL and RESHENDALENE L. DIEHL, by and through their attorneys, Irwin & McKnight, and makes the following Answer With New Matter against the Plaintiff, ASSOCIATION, as follows: 1. SOUTHERN CUMBERLAND WATER The averments of fact contained in Paragraph One (1) of the Complaint are admitted. 2. The averments of fact contained in Paragraph Two (2) of the Complaint are admitted. 3. The averments of fact contained in Paragraph Three (3) of the Complaint are admitted in part and denied in part. It is admitted that a portion of the Defendants' property was a part of the water system of the Plaintiff. It is denied that 634 Walnut Bottom Road, was a part of the water system of the Plaintiff. On the contrary, 634 Walnut Bottom Road is supplied by a private well installed in October 1999. 2 4. The averments of fact contained in Paragraph Four (4) of the Complaint are admitted to the extent that the Plaintiff is governed by a Board of Directors elected from among the members (customers) of the Association and governed by the By-Laws of said Association. 5. The averments of fact contained in Paragraph Five (5) of the Complaint are specifically denied. On the contrary, the property was metered in the same fashion as when the Defendants' purchase it. The same meter had existed for thirteen (13) years. When contacted in 1999 by the Plaintiff, the Defendants drilled a well and hooked up all his units to it. 6. The averments of fact contained in Paragraph Six (6) of the Complaint are specifically denied. On the contrary, there is only one dwelling unit it numbered 636 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. 7. The averments of fact contained in Paragraph Seven (7) of the Complaint are specifically denied. On the contrary, no separate unit was created and no connection fee is required. 8. The averments of fact contained in Paragraph Eight (8) of the Complaint are specifically denied. On the contrary, there is no second unit and additional water fees are not required. 9. The averments of fact contained in Paragraph Eight (8) of the Complaint are specifically denied. On the contrary, the fees and costs outlined on the bill are not due and owing by the Defendants. 3 10. The averments of fact contained in Paragraph Eight (8) of the Complaint are specifically denied. On the contrary, no fees are due to the Plaintiff and therefore, penalties do not apply in this case. WHEREFORE, Defendants, George L. Diehl and Reshendalene L. Diehl, request that this Honorable Court dismiss the Complaint of the Plaintiff with costs of the Defendants to be paid by the Plaintiff. NEW MATTER AND NOW come the Defendants, George L. Diehl and Reshendalene L. Diehl by and through their attorneys, Irwin & McKnight, and makes the following New Matter against the Plaintiff, Southern Cumberland Water Association: 11. The averments of fact contained in the Answers to the Complaint numbered One (1) through Ten (10) are incorporated by reference and are made a part of this New Matter. 12. The Defendants have not modified any meters on the properties located at 634 and 636 Walnut Bottom Road from the date they purchased the property. 13. The Plaintiff contacted the Defendants in 1999 and raised the issue of hook-up fees. The Defendants hired a well driller and installed a new well. No water was purchased from the Plaintiff since that date. 4 14. The Defendants drilled a well at 634 Walnut Bottom Road in the fall of 1999. A copy of the invoice is marked as Exhibit "A". WHEREFORE, Defendants, George L. Diehl and Reshendalene L. Diehl, requests that this Honorable Court dismiss the Complaint of the Plaintiff with costs to the Defendants by the Plaintiff. By: Date: January 7, 2007 Respectfully submitted, IRWIN & McKNIGHT A. cKnight, III, Esquire Co&t I.D. #25476 6 est Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendants 5 EXHIBIT "A" q nc. LESTER E. SUNK, President 30 Myers Road NEWVILLE, PENNSYLVANIA 17241 423-6688 or 776-3181 FAX (717) 423-5201 IN ACCOUNT WITH: GEORGE DIEHL 634 WALNUT BOTTOM RD. SHIPPENSBURG, PA 17257 CUSTOMER NO. 02885 DATE: 10/27/99 INVOICE NO: 0 9 3 9 5 TERMS: 2.0% 10 NET 30 invoice QUANTITY DESCRIPTION UNIT PRICE AMOUNT WELL DRILLED 10/27/99 198 DRILLING, 6" LIMESTONE PER FT. 6.00 11188.00 58 REAMING 8", PER LIN. FT. 3.00 174.00 60 CASING, STEEL 6 5/8"OD , PER FT. 6.00 360.00 1 HOLE PLUG BENTONITE, PER 50LB BAG 18.50 18.50 1 WELL CAP, STANDARD FUNK'S 6 5/8" 18.35 18.35 GPM - 7 C? l c '' $ ) ** THANK YOU ** IF PAID WITHIN 10 DAYS OF INVOICE DATE, PAY THIS AMOUNT: 1,723.67 SUB-TOTAL 1,758.85 SALES TAX 0.00 TOTAL 1,758.85 *** E S T I M A T E FUNKS DRILLING INC. 30 MYERS RD. NEWVILLE, PA 17241 TO: GEORGE DIEHL 634 WALNUT BOTTOM RD. SHIPPENSBURG, PA 17257 Ccntactz: ESTIMATE NO.:00582 CUSTOMER NO.:02885 DATE: 10/28/99 1. GEORGE (717) 530-8389 2. ( ) - 3. ( ) - 4. ( ) UNIT QUANTITY DESCRIPTION PRICE AMOUNT PUMP INSTALLATION ESTIMATE 1 AERMOTOR 8GPM, 314HP PUMP 550.OOT 550.00 W/ 5YR. WARRANTY 1 WELL EXTROL 203 PRES. TANK 278.OOT 278.00 1 TANK TEE COMPLETE W/ CONTROLS 118.75T 118.75 1 PITLESS ADAPTER W/ CK. VALVE 61.16T 61.16 350 1" COIL PIPE 160PSI, PER FT. 0.48T 168.00 -150' PUMP SETTINGS, 200' TO HOUSE 205 1212 OF CABLE, PER FT. 0.52T 106.60 155 1212 PUMP WIRE, PER FT. OAST 74.40 1 MISC. FITTINGS 60.OOT 60.00 1 LABOR AND INSTALLATION 185.OOT 185.00 1 12" MANHOLE COVER, EA. 69.95T 69.95 SUB-TOTAL 1,671.86 * T H A N K Y O U * SALES TAX 0.00 TOTAL 1,671.86 FUNKS DRILLING, INC. RESIDENTIAL • COMMERCIAL • ENVIRONMENTAL 30 MYERS RD. NEWVILLE, PA 17241 (717) 776-3181 FAX (717) 423-5201 TYPICAL WATER WELL CONSTRUCTION (FINISHED 6" OPEN HOLE) 1) 6" PILOT HOLE TO ESTABLISH THE EXACT AMOUNT OF CASING NEEDED. 2) 8" (or 10") REAMING TO REQUIRED DEPTH OF CASING NEEDED. 3) INSTALLATION OF 6 5/8" .188 WALL STEEL CASING 4) 6" DRIVE SHOE (IF NEEDED TO PROTECT BOTTOM OF CASING) 5) BENTONITE SEAL AROUND CASING 6) 6" DRILLING TO REQUIRED DEPTH 7) WELL DEVELOPMENT WITH RIG TO CLEAR CUTTINGS FROM WELL 8) SECURED WELL CAP W/ 1" CONDUIT Additional items may be required in individual Townships including: Permitting, 10" reaming mandatory, drive shoe mandatory, & pressure grouting. We suggest anyone considering drilling a well should first check with the local municipality for any required specifications or permits. TYPICAL SUBMERSIBLE PUMP INSTALLATION 1) AERMOTOR OR GRUNDFOS SUBMERSIBLE PUMP W/ 5 YR WARRANTY FRANKLIN ELECTRIC MOTORS W/ BOTH BRANDS 2) 160 PSI COIL DROP PIPE (OVER 200' - 200 PSI) 3) PITLESS ADAPTER W/ CHECK VALVE 4) ALL METAL FITTINGS (NO PVC OR NYLON) 5) WELL EXTROL TANK W/ 5 YR. WARRANTY 6) BRASS TANK TEE COMPLETE W/ PRES. GAUGE, PRES. RELIEF VALVE, BOILER DRAIN, AND SQUARE D PRESSURE SWITCH. 7) 12/2 OR 10/2W/GRN PVC FLAT BRADDED PUMP WIRE DOWN WELL 8) 12/2 OR 10/2W/GRN OF (UNDER GROUND) WIRE IN TRENCH TO DWELLING Although some contractors may offer several "grades" of quality, FUNKS Drilling offers only the best quality materials in every system installed. In our opinion it only seams sensible to do the best job the first time and avoid the potential problems of a lower quality job. SOUTHERN CUMBERLAND, WATER ASSOCIATION, Plaintiff V. GEORGE L. DIEHL AND RESHENDALENE L. DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7332 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: James D. Flower, Esq. Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: t6est s A. c fight, III, Esquire Pofr Street 7013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 7, 2007 6 C'! r- SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7332 CIVIL TERM vs. GEORGE L. DIEHL and RESHENDALENE L. DIEHL, Defendant. REPLY TO NEW MATTER AND NOW comes Plaintiff, through its attorneys, SAIDIS, FLOWER & LINDSAY, and makes the following Reply to New Matter. 11. Paragraph 11 of the New Matter incorporates averments of fact contained in the Answers to the Complaint, and the following reply is made to those averments. Reply to Paragraph 11 1. Not Applicable. 2. Not Applicable. 3. Denied. This paragraph seems to suggest that 634 Walnut SAIDIS, FWVVM & LINDSAY 26 West High Street Carlisle, PA Bottom Road was never a part of the water system of Plaintiff. This averment is denied. Originally Plaintiff supplied water to this property. It is admitted, however, that 634 Walnut Bottom Road has been supplied by a private well drilled approximately in October of 1999. 4. Not Applicable. i i 5. After further investigation, Plaintiff's admit that 634 Walnut Bottom Road was metered in the same fashion as when Defendant's purchased it. That is, there were separate connections to two mobile homes, which were not separately metered. Although that arrangement was inconsistent with the By-Laws and Rules and Regulations of the Association, since it was a pre-existing condition, Plaintiffs modify their Complaint to eliminate the claims for connection fees to mobile homes at 634 Walnut Bottom Road, reducing Plaintiffs claim by $3,000.00 to $2,520.00. 6. Denied. Defendant did, in fact, create a second dwelling unit at 636 Walnut Bottom Road, and placed a second mailbox at the dwelling. 7. Denied. The separate unit was created and a separate connection fee was required. 8. Denied. The separate unit was created and a separate connection fee and water fees were required. 9. Denied. The fees and costs relating to 636 Walnut Bottom Road are due and owing. 10. The fees owed and attorney's fees claimed are due and owing. 12. Admitted. SAMIS, 13. Admitted in part and denied in part. No water was purchased since FLONVIER & LINDSAY then for 634 Walnut Bottom Road. Water was continued to be supplied to 636 Walnut 26 West High Street Carlisle, PA Bottom Road, and is supplied to that property to this day. 14. Admitted. 2 WHEREFORE, Plaintiffs request that the relief sought in Defendants' SAIDIS, FLOWER & LIlVDSAY MOMMVS?QIAW 26 West High Street Carlisle, PA Reply to New Matter be denied. SAIDIS, FLOWER & LINDSAY Attorneys for Plaintiff B James D. lower, Jr., Esq it 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 i i 'I 3 VERIFICATION I, ROBERT L. FINK, SR., President of SOUTHERN CUMBERLAND WATER ASSOCIATION, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SOUTHERN CUMBERLAND WATER ASSOCIATION By Robert L. Fink, Sr., President Date: March 2-9- , 2008 SAMIS, FLOWER & LENDS" 26 West High Street Carlisle, PA 4 r" r "c`a' ?'i ?.=v `? ? -,- ??? r t {?t't rrt -'t' ? I. ? ._ _. > ?. ? t°tY S"?? R r? SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff VS. GEORGE L. DIEHL and RESHENDALENE L. DIEHL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-7332 Civil. 20K RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James D. Flower, Jr., , counsel for the plaintif /de in the above action*XAW6Ks), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2, 520. 00 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James D. Flower, Jr., Esquire and Marcus A. McKnight, III, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 4t-1 ?/ Q 0 Ja es D. Flower, Jr. ORDER O OURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 0 8 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY --14 ?a s?` SOUTHERN CUMBERLAND WATER ASSOCIATION, Plaintiff Vs. GEORGE L. DIEHL and RESKENDALENE L. DIEHL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7332 Civil RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James D. Flower, Jr., , counsel for the plaintiffldEMMK in the above action]?F 6&), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2, 520. 00 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James D. Flower, Jr., Esquire and Marcus A. McKnight, III, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Q C?4 Oes D. Flower, Jr. RORDERO UT A}N--DIlNOW, 200 0 8 , in consideration of the foregoing petition, w. Esq., and DJl Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. $y the Co , EDGAR B. BAYLE '0 C` V LL. N v d A? xj b? IIJNQ 73 { 3 Q:D f ` z ' x ?y ; ? r-rt '5vl1?NECK 60n8 W -ff-C 4450. Plaintiff C100-C-f J.. DID A-NA R£sH PuPAL9,r ti 1.. U / e $Y L Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. kG'1?2, Signature k2 4A Ic Name (Chairman) lL LZ45- WD_? a yr Law Firm 11,0Y reptu wrap ?Uf- Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. &7 - 7'3w2 Civil Action - Law. Signature M--Pet- J. CASTIC-4 Name J-=O-+r 3Q-j r Law Firm 301 Mrwwr 1;1xccr Address Si tort N e La Firm (01 W. Lo r .S4-° Address .emp ?A 1700 011?? 1'70,+? C'4' DA /-761-3 City, zip city, Zip city, zip -tE Sr /37 Awaard 4 /6S'Q8 We, the undersigned arbitrators,.baving been duly appointed and sworn (or affirmed), make the following award: (Note: If-damages for delay are awarded, they shall be separately stated.) ?M- tFlylJ fi b!L t wl ? ?'L,?¢iv T? t 1C /4! ? I A Hyy At T O )C' d "VC /2 av ai2'I?D .SEVEW 7y e g AAI At-4 2!::F A- NP- c ?s7 f(o i 7-3, 0 0 . Arbitrator, dissents. (Insert name if Date of Hearing: / `z.d Date of Award: Notice of Entry of Award Now, the 'Z'/ Sf day of A),PV , 20_j2L__, at // 28 ._At' .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ 3S'o, card 4a . - FWU ON Now By: 7 Prothonotary Deputy f'. Q r -^C = r CO ? r