HomeMy WebLinkAbout13-0484
~i ~~ r~ ~ _
t ^ , . ^ ~ i ~ ~ ' ir.
('~~re s~n Y-'~rt 1, ~t'l ~iJ ~i~7~ 1
! 1 +; a i fi
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Hillside Manor Management, LLC,
and
Rolling Acres Management, LLC,
Plaintiffs,
v.
Saint Thomas Township Municipal
Authority,
Defendant.
NOTICE
3~A~' i'~
Action for Declaratory Judgment
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
C~
Page 1 of 18
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 A'T ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone Number 717-249-3166
Page2of18
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Hillside Manor Management, LLC,
~a 3-4~'Y o//
and
Rolling Acres Management, LLC,
Plaintiffs,
v.
Saint Thomas Township Municipal
Authority,
Defendant.
Action for Declaratory Judgment
COMPLAINT
Plaintiffs Hillside Manor Management, LLC ("Hillside"), and Rolling Acres
Management, LLC' ("Rolling Acres") file the following Action for Declaratory Judgment
pursuant to the Municipality Authorities Act, 53 Pa.C.S. Section 5607(d)(9), and in support
thereof allege as follows:
Background.
1. The Plaintiffs are Hillside and Rolling Acres, both of which have a mailing
Page 3 of 18
address of P.O. Box 677, Morgantown, PA 19543.
2. Hillside owns and operates the Hillside Manor mobile home park in St. Thomas
Township, Cumberland County.
3. Rolling Acres owns and operates the Rolling Acres mobile home park in St.
Thomas Township, Cumberland County.
4. The defendant is the Saint Thomas Township Municipal Authority ("Authority"),
with a mailing address of 6442 Lincoln Way West, St. Thomas, PA 17252.
5. The Authority owns and operates a wastewater treatment system ("System") that
collects and treats wastewater generated by entities located in St. Thomas Township, including
the Hillside Manor and Rolling Acres mobile home parks.
6. Hillside and Rolling Acres have owned the Hillside Manor and Rolling Acres
mobile home parks, respectively, since April 2008.
7. Since Hillside and Rolling Acres purchased the parks, they were supposed to be
billed by the Authority only for occupied lots in the parks.
8. Hillside and Rolling Acres have always made the Authority aware of the number
of occupied lots on a monthly basis by telephoning the authority and speaking directly to Amy
Kesslinger or leaving her a message.
9. On .luly 9, 2012, the Authority increased its quarterly sewer rate to $135.00 per
EDU, effective July 2012. A copy of the minutes of the July 9, 2012, meeting is attached hereto
as Exhibit A.
10. The Authority enacted the rate increase as a result of a Eve year cash flow
projection prepared by its auditors.
11. In November 2012, plaintiffs -through their general counsel -sent the Authority
Page 4 of 18
aright to know request regarding the Authority's Rules and Regulations and sewer rates.
12. By letter dated November 5, 2012, Amy Kesselring, Office Manager for the
Authority, responded to the right to know request. A copy of Ms. Kesselring's November 5,
2012, letter is attached hereto as Exhibit B.
] 3. In her November 5, 2012, letter, Ms. Kesselring explained that the Authority
billed Hillside and Rolling Acres only for occupied lots in the Hillside .Manor and Rolling Acres
mobile home parks because of the "large numbers of EDU's [sic] which they contribute to the
Authority."
14. Ms. Kesselring further stated in her November 5, 2012, letter that "all other parks
pay for the total logs, occupied or unoccupied, due to the fact, the Authority is reserving capacity
at the treatment plant for these lots."
15. On November 27, 2012, Ms. Kesselring sent a letter to Hillside and Rolling Acres
regarding the Authority's quarterly billing procedures. A copy of Ms. Kesselring's November
27, 2012, letter is attached hereto as Exhibit C.
16. In her November 27, 2012, letter, Ms. Kesselring stated that Hillside and Rolling
Acres should fax the Authority their occupied lot counts "the last week of the quarter, so their
[sic] is no confusion" about the number of EDUs for which Hillside and Rolling Acres should be
billed.
1.7. On November 28, 2012, Ms. Kesselring sent afollow-up letter to Hillside and
Rolling Acres describing a radically different procedure for the Authority to calculate the
number of occupied lots at the Hillside Manor and Rolling Acres mobile home parks. A copy of
Ms. Kesselring's November 28, 2012, letter is attached hereto as Exhibit D.
18. In her November 28, 2012, letter, Ms. Kesselring stated that "[t]he policy for your
Page 5 of 18
billing has always been, which I am sure your office will remember" when a mobile home moves
out of or into the park, the park must call the Authority to have the sewer pipe capped or
uncapped and the occupied lot count will be changed accordingly.
19. Ms. Kesselring concluded her November 28, 2012, letter by stating: "This is the
only way your billing count changes."
20. Ms. Kesselring, however, had previously told the parks' manager, Holly Davis,
that Hillside and Rolling Acres could use their own maintenance employee to cap and uncap the
sewer lines and save themselves the $25 capping/uncapping fee.
21. On :December 22, 2012, Hillside and Rolling Acres sent a letter to the Authority to
clarify the procedure by which they would notify the Authority about the number of occupied
lots at each park. A copy of the December 22, 2012, letter is attached hereto as Exhibit E.
22. In response to Hillside and Rolling Acres' December 22, 2012, letter, Ms.
Kesselring sent a note to "Carol" asking her to have the Authority's solicitor review the letter. A
copy of Ms. Kesselring's note to "Carol" is attached hereto as Exhibit I~.
23. In her note to "Carol," Ms. Kesselring stated: "I feel they should not be telling us
how to be billed, and we should now charge them for all the lots, vacant or unvacant, like all
other parks."
24. In an email dated January 11, 2013, the Authority's solicitor, David Cleaver,
stated that Hillside does not have the authority to dictate to the Authority how Hillside will pay
its bills for sewer service and that "[t]he tail does not wag the dog!" A copy of Mr. Cleaver's
January 11, 2013, email is attached hereto as Exhibit G.
25. In his January 11, 2013, email, Mr. Cleaver recommended that the Authority: 1)
"adopt a resolution that creates a uniform rate for all mobile home parks in St. Thomas Township
Page 6 of 18
that are connected to the municipal sewer;" and 2) "adopt a resolution that makes the rates for all
mobile home parks in St. Thomas Township the same as the rates charged mobile home parks in
Hamilton and Peters Township."
26. By resolution (the "Resolution") dated January 14, 2013, the Authority adopted a
resolution requiring all "Park Owners" to pay quarterly sewer charges for all EDUs allocated to a
mobile home park. A copy of the Authority's letter to Hillside and Rolling Acres regarding the
Resolution is attached hereto as Exhibit H.
27. The Resolution applies this new sewer rate (the "New Rate") retroactively to
January 1, 2013.
Count I (Unreasonable Rate Structure).
28. Hillside and Rolling Acres hereby incorporate by reference the allegations
contained in the foregoing paragraphs.
29. Under Section 7(d)(9) of the Municipality Authorities Act, 53 Pa.C.S.
§5607(d)(9), a municipal authority may fix, alter, charge, and collect rates for the limited
purposes of providing for the payment of the expenses of the authority, and for the construction,
improvement, repair, maintenance, and operation of its facilities and properties.
30. Under Section 7(d)(9), a municipal authority may only charge rates that are both
reasonable and uniform. 53 Pa.C.S. § 5607(d)(9).
31. A rate structure is unreasonable, and therefore in violation of Section 7(d)(9), if it
is a manifest and flagrant abuse of the municipal authority's discretion.
32. A municipal authority commits a manifest and flagrant abuse of discretion if its
rate structure is a misapplication of the law, a manifestly unreasonable exercise in judgment, or
evidences partiality, prejudice, bias, and/or ill-will.
Page 7 of 18
33. The New Rate evidences partiality, prejudice, bias, and ill-will by the Authority
towards Hillside and Rolling Acres.
34. In her note to "Carol," Ms. Kesselring advocated the New Rate solely because
Hillside and Rolling Acres attempted to clarify the method by which the Authority determined
how many lots were occupied.
35. Ms. Kesselring did not advocate the New Rate because the Authority needed
additional revenue for the payment of the expenses of the Authority, or for the construction,
improvement, repair, maintenance, and operation of the Authority's facilities and properties.
36. In his January 11, 2013, email, Mr. Cleaver advocated the New Rate solely
because he believed Hillside and Rolling Acres were attempting to be the proverbial tail that
wagged the dog.
37. In his January 11, 2013, email, Mr. Cleaver did not advocate the New Rate
because the Authority needed additional revenue for the payment of the expenses of the
Authority, or for the construction, improvement, repair, maintenance, and operation of the
Authority's facilities and properties.
38. The Authority did not adopt the New Rate because the Authority needed
additional revenue for the payment of the expenses of the Authority, or for the construction,
improvement, repair, maintenance, and operation of the Authority's facilities and properties.
39. Rather, the Authority adopted the New Rate in retaliation for Hillside and Rolling
Acres attempting to clarify the method by which the Authority calculated the number of
occupied lots in both mobile home parks.
40. The New Rate is unreasonable and, therefore, in violation of Section 7(d)(9) of the
Municipality Authorities Act.
Page 8 of 18
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Declare that the New Rate is unreasonable in violation of Section 7(d)(9)
of the Municipality Authorities Act and is, therefore, invalid;
b. Direct the Authority to cease and desist from assessing the New Rate
against Hillside and Rolling Acres;
c. Direct the Authority to refund Hillside and Rolling Acres any sewer
charges paid in accordance with the New Rate; and
d. Award Hillside and Rolling Acres the costs of this suit, interest, and any
other damages to which the Court believes Hillside and Rolling Acres are entitled.
Count II (Unreasonable Rate Structure).
41. Hillside and Rolling Acres hereby incorporate by reference the allegations set
forth in the preceding paragraphs.
42. Under Section 7(d)(9) of the Municipality Authorities Act, the rates charged to a
class of customers must be reasonably proportional to th.e cost of serving the class.
43. Under the New Rate, the rates charged to Hillside and Rolling Acres are not
reasonably proportional to the cost of providing sewage service to the Hillside Manor and
Rolling Acres mobile home parks.
44. There are approximately 42 unoccupied lots in the Hillside Manor mobile home
park.
45. There are approximately 61 unoccupied lots in the Rolling Acres mobile home
park.
Page 9 of 18
46. If the Authority is permitted to bill Hillside for the 42 unoccupied lots at the
Hillside Manor mobile home park, the Authority will receive an additional $5,670.00 in revenue
per quarter and $22,680.00 per year.
47. If the Authority is permitted to bill Rolling Acres for the 61 unoccupied lots at the
Rolling Acres mobile home park, the Authority will receive an additional $8,235.00 in revenue
per quarter and $32,940.00 per year.
48. The Authority's projected sewage treatment costs through 2016 are only
approximately $30,000 per year. A copy of the Authority's five year cash flow projection is
attached hereto as Exhibit I.
49. The additional annual revenue that would be generated by the New Rate is almost
twice the annual treatment costs of the Authority.
50. The Authority is not receiving any sewage from these unoccupied lots.
51. Under the existing rate structure, the Authority will begin receiving additional
revenue from each lot as it becomes occupied.
52. The new revenue received when a lot becomes occupied is sufficient to cover the
additional costs to the Authority of receiving that sewage.
53. The New Rate generates revenues not reasonably proportional to the Authority's
expenses.
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Declare that the New Rate is unreasonable in violation of Section 7(d)(9)
of the Municipality Authorities Act and is, therefore, invalid;
b. Direct the Authority to cease and desist from assessing the New Rate
against Hillside and Rolling Acres;
Page 10 of 18
c. Direct the Authority to refund Hillside and Rolling Acres any sewer
charges paid in accordance with the New Rate; and
d. Award Hillside and Rolling Acres the costs of this suit, interest, and any
other damages to which the Court believes Hillside and Rolling Acres are entitled.
Count III (Unreasonable Rate Structure).
54. Hillside and Rolling Acres hereby incorporate by reference the allegations set
forth in the preceding paragraphs.
55. The New Rate imposes sewer charges retroactively and is, therefore, a
misapplication of law.
56. A municipal authority provides sewer and water services in its proprietary
capacity, stands on the same footing as a private corporation, and is only entitled to the same
privilege of receiving payment for the service rendered.
57. A consumer's obligation to make payment to a municipal authority rests upon
contract.
58. Between January 1, 2013, and the date of the Resolution, Hillside and Rolling
Acres were responsible to pay only for occupied lots in their mobile home parks and had no
obligation for sewer rates for unoccupied lots.
59. The New Rate attempts to change Hillside and Rolling Acre's responsibility for
the payment of sewer rates for unoccupied lots for the period from January 1, 2013, through the
date of the Resolution.
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Declare that the New Rate is unreasonable in violation of Section 7(d)(9)
of the Municipality Authorities Act and is, therefore, invalid;
Page 11 of 18
b. Direct the Authority to cease and desist from assessing the New Rate
retroactively against Hillside and Rolling Acres;
c. Direct the Authority to refund Hillside and Rolling Acres any sewer
charges paid retroactively in accordance with the New Rate; and
d. Award Hillside and Rolling Acres the costs of this suit, interest, and any
other damages to which the Court believes Hillside and Rolling Acres are entitled.
Count VI (Unreasonable Rate Structure).
60. Hillside and Rolling Acres hereby incorporate by reference the allegations set
forth in the preceding paragraphs.
61. In a letter dated January 17, 2013, Ms. Kesselring stated that the Authority "has
always charged every mobile home in the sewer area from 1991 for every lot occupied or not
except for Hillside Manor, Rolling Acres Management due to a verbal agreement only with the
park owner at that time." A copy of Ms. Kesselring's January 17, 2013, letter is attached hereto
as Exhibit J.
62. Ms. Kesselring further indicates in her January 17, 2013, letter that the New Rate
is necessary for a uniform application of the sewer rates for mobile home parks under Section
2(A) of the Authority's rules and regulations.
63. The Authority's historic billing for unoccupied mobile home lots at other mobile
home parks violated the Authority's rate structure.
64. Under the Authority's rules and regulations, an Equivalent Dwelling Unit
("EDU") is the "unit of measure by which sewer rentals and connection charges shall be imposed
upon each Improved Property ... to be applied in accordance with Exhibit "A" attached hereto
and made a part hereof." A copy of the relevant portions of the Authority's rules and regulations
Page 12 of 18
are attached hereto as Exhibit K.
65. An EDU, in turn, is "related to the equivalent amount of Domestic Sewage
discharged by an average single-family Dwelling Unit ...."
66. Under Exhibit "A" of the Authority's rules and regulations, one "Mobile Home"
is considered to be one Equivalent Dwelling Unit ("EDLJ").
67. A "Dwelling Unit" does not include an unoccupied mobile home lot or pad.
68. The Authority's existing rules and regulations, therefore, provide for sewer
charges for each mobile home or, in other words, each occupied mobile home space in a mobile
home park.
69. The purpose of the New Rate is to rescind the alleged special considerations given
to Hillside and Rolling Acres and begin billing them in accordance with the Authority's existing
rules and regulations.
70. The Authority, therefore, adopted the New Rate for the contradictory purposes of
forcing Hillside and Rolling Acres to pay sewer rates for all lots in the Hillside Manor and
Rolling Acres mobile home parks and to ensure that Hillside and Rolling Acres are billed in
accordance with the Authority's existing rules and regulations.
71. The New Rate, therefore, is an unreasonable exercise of discretion.
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Declare that the New Rate is unreasonable in violation of Section 7(d)(9)
of the Municipality Authorities Act and is, therefore, invalid;
b. Direct the Authority to cease and desist from assessing the New Rate
against Hillside and Rolling Acres;
c. Direct the Authority to refund Hillside and Rolling Acres any sewer
Page 13 of 18
charges paid in accordance with the New Rate; and
d. Award Hillside and Rolling Acres the costs of this suit, interest, and any
other damages to which the Court believes Hillside and Rolling Acres are entitled.
Count V (Refund of Overbillings)
72. Hillside and Rolling Acres hereby incorporate by reference the allegations set
forth in the preceding paragraphs.
73. Since purchasing the Hillside Manor and Rolling Acres mobile home parks in
2008, Hillside and Rolling Acres have informed the Authority on a monthly basis of the number
of occupied lots in each park.
74. The lot counts were phoned into the Authority and either given directly to Ms.
Kesselring or left in messages for Ms. Kesselring.
75. Ms. Kesselring stated in her November 27, 2012, letter that she recorded a count
on October 23, 2012, of 140 occupied lots at the Hillside Manor mobile home park and 124
occupied lots at the Rolling Acres mobile home park.
76. Ms. Kesselring also stated in her November 28, 2012, letter that the lot counts at
the Hillside Manor and Rolling Acres mobile home parks had not changed since March 201 1.
77. From May 2008 through September 2012, the Authority billed Hillside for 160
occupied lots at the Hillside Manor mobile home park.
78. From October 2012 through December 2012, the Autharity billed Hillside for 141
occupied lots at the Hillside Manor mobile home park.
79. From May 2008 through September 2012, the Authority billed Rolling Acres for
135 occupied lots at the Rolling Acres mobile home park.
80. The Authority did not adjust its occupied. lot counts for billing purposes in
Page 14 of 18
accordance with the information given to or left for Ms. Kesselring on a monthly basis.
81. Frorn May 2008 through the present, the Authority falsely invoiced Hillside as set
forth in the spreadsheet attached hereto as Exhibit L.
82. From May 2008 through the present, the Authority falsely invoiced Rolling Acres
as set forth in the spreadsheet attached hereto as Exhibit M.
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Direct the Authority to refund Hillside the excess sewer rates paid since
May 2008 in the amount of $16,882.00.00 plus all amounts overbilled by the Authority
since the filing of this action; and
b. Direct the Authority to refund Rolling Acres the excess sewer rates paid
since May 2008 in the amount of $9,603.00 plus all amounts overbilled by the Authority
since the filing of this action; and
c. Award Hillside and Rolling Acres the costs of this suit, interest, and any
other damages to which the Court believes Hillside and Rolling Acres are entitled.
Count VIII (Unfair Trade Practices).
83. Hillside and Rolling Acres hereby incorporate by reference the allegations set
forth in the preceding paragraphs.
84. Under 73 P.S. Section 201-2(4)(xxi), it is an unfair or deceptive act or practice for
any person to engage in fraudulent or deceptive conduct that creates a likelihood of confusion or
of misunderstanding.
85. The Authority is a "person" for purposes of Section 201-2(4)(xxi).
86. The Authority's sewage bills to Hillside from May 2008 through December 2012
were not calculated in accordance with the Authority's rules and regulations.
Page 15 of 18
87. The Authority nevertheless sent the sewage bills from May 2008 through
December 2012 to Hillside and represented them as both accurate and calculated in accordance
with the Authority's rules and regulations.
88. The Authority's sewage bills to Rolling Acres from May 2008 through September
2012 were not calculated in accordance with the Authority's rules and regulations.
89. The Authority nevertheless sent the sewage bills from May 2008 through
September 2012 to Rolling Acres and represented them as both accurate and calculated in
accordance with the Authority's rules and regulations.
90. By sending the sewage bills from May 2008 through December 2012, the
Authority deceived Hillside with respect to the amount of the sewer charges owed to the
Authority.
91. By sending the sewage bills from May 2008 through September 2012, the
Authority deceived Rolling Acres with respect to the amount of the sewer charges owed to the
Authority.
WHEREFORE, Hillside and Rolling Acres respectfully request that the Court:
a. Direct the Authority to refund Hillside the excess sewer rates paid since
May 2008 in the amount of $16,882.00.00 plus all amounts overbilled by the Authority
since the filing of this action; and
b. Direct the Authority to refund Rolling Acres the excess sewer rates paid
since May 2008 in the amount of $9,603.00 plus all amounts overbilled by the Authority
since the filing of this action; and
c. Award Hillside and Rolling Acres exemplary damages in an amount equal
to three times the amount of their actual damages; and
Page 16 of 18
d. Award Hillside and Rolling Acres the costs of this suit, attorneys fees,
interest, and any other damages to which the Court believes Hillside and Rolling Acres
are entitled.
Respectfully submitted,
GSP Management Co.
('^ '
/ ~.J
1
Daniel F. Schrangh e
Attorney I.D. No. 6 1
800 West Fourth Street, Suite 200
Williamsport, PA 17701
Phone: (570) 567-7261
Attorney for Plaintiffs Hillside Manor Management,
LLC, and Rolling Acres Management, LLC
Date: January, 2013
Page 17 of 18
VERIFICATION
I, James Perano, have read the foregoing document and know the contents thereof. Based
on my inquiries as Chief Operating Officer, the contents of the document are true and correct to
the best of my knowledge, except as to those matters alleged on information and belief, and as to
those matters, I believe them to be true.
I understand that the statements made herein are made subject to the penalties of 18 Pa.
C.S. §4904, relating to unsworn falsifications to authorities.
Y
r~
f ! ~
a. <.G. ~~,~.
Ja es Perano
ief Operating Officer
GSP Management Co.
Dated: January ~; 2013
Page 18 of 18
Exhibit "A"
l '~'; i-14,` .'~1",> <' ~ J: F'i 41414_1H'1NM~11j~{~
'=~TT`~~1~ PAGE E_l5
MINUTES 4F THE ST. TH4MA,5 TOWNSHIP
MUN~CIPA~, AUTHORITY MEETING
July 9, 2012
The St. Thamas Township 11+Iunicipal Authority held their regular monthly
meeting an the above date; Those present were: Visitors, (See attached visitors
roster) Chairman, John L. Ticderrtann, Vice-Chairman, Winfr,~ Wails, Gearge
Bennett-Secretary - T~~-, Robert Pismeny, Treasurer, Asst. Sec./Treag., Tom
McCleaf, All public meetings are tape-recorded.
Meeting as called to order by Chairman, Ticdemann at 7:00 PM.
Pledge of Allegiance
T~~URE,R'S REPORT: Treasurer Pismen re
June 2012, Tata1 Revenues, $ 8,818.06, Operating Erns ~f $44~'~68.Op onth of
Interest lncame of $0.00, Interest Expense of $666.73, Net Income $-35,949.94,
F & M Operating Expense Account $ 113,070.57, Total Current Assets,
$ 6,737,276.48.
The Authority for approval and questions reviewed bi11s.
On a McCleaf/Walls motion it was approved to sign checks, pay bills attd
___ approved report subject to audit. Approved. 3 yes votes.
'VLSITORS COMMENTS:
.4LD B 5 ,,S~r
~rly Proiect~on
Discussion was held on the S-year projection
Dan Simpson, Rotz and Stanesifer, Auditors. Authorr~ advised there s a delmant
need to increase the rate in order to meet expenses.
an a Wa11s/Tiedcmann motion it was approved to inc
rate by $5,00, making a total of $135.00 per quarter, of1-ectiver July 2~ monthly
Approved. 4 yus votes.
A post card will be sera to all residents in August advising of tha increase.
1~ t=~4i~1~ ~-x:59 F~F=1F~F_~F~~F=i~~~iF=~ ~-;TTf•,1~ F'~i~E ~F~
Paac Z
1 ar
Router gave update to Authority.
He advised the shed will be moved next week and some additional
miscellaneous items will be needed. North Mountain Structures will be moving
the shed. Iie also advised some pumps will be needed and he will check the size
and get with Fred for a cost estimate. Router will check will Frankly Analytical
and also Letterkenny far a cost estimate on doing the tt'eatmeztt plant testiztg.
~W BUSINF~S •
Fee Calcula
Authority members discussed having Scott Shildt, Martin &. Martin
recalculate the Tapping fee amount for a possible increase- Kesselring will
contact him tomorrow for a cast estimate,
,I~ttereat l(tste fer Re-PYna c1n~
Kesselrin,g will check with several banks far rates and refinancing.
~~~1~E_g'S CO~M~NTS ,4ND REDUISITIOR;S; Not Present
Respectfully Submitted,
airman rge Bennett, Secre
~~' d Wal s
vi a r
~,
~,~,., l
obert tmeny, easttrer Ta Mcm C"leaf, AsBt.
Sec. Treasurer
2
Exhibit "B"
~- ~~~~' ' .59 nW. F~~=it=iEyH1-9bl k~ '= Tai _ F'~GE !71
-.T ~~ ~.
SAINT Thf011~AS TOWNSHIP
tVl_UNICIPAL AUTHORITY
175 St. Thomas-Edenville Road
St. Thomas, PA 17252
(717) 369-5890 • F~t.K (717} 3b9-3477
November 5, 2012
Pennsylvania Office of Open Records
Attn: Dan Schranghamer
800 W. 4a' Street Suite 200
Williamsport, FA 17701
RE: Request Letter dated 12/3/12
Dear Mr. Schranghamer,
Please find enclosed copies of a Resolution stating our Rules and Regulations of
the Authority.
The Authority has no documents containing or related to communication between
the Authority and Bear Valley Joint Authority regarding, Hillside Management, Rolling
Acres Management and ar MTM Properties for the period January 1, 2008 and the
present, We are separate entities and deal with our customers on an individual basis. As
they should deal with each entity also in that way.
The Authority has had a verbal agreement with the above since at least April of
200{) concerning the capping and uncapping of each mobile home lot. When the sewer
system was installed it was agreed that the Authority would ordain and maintain the
sewer lines in each park at the Authority's expense. This is not the normal procedure for
the .Authority. All other parks maintain their own lines at their expense. The Authority
did this due to the large numbers of EAU's which they contribute to the Authority.
In turn due to the large number of EDU's it was agreed they would call in the lots
to be capped and uncapped when they became vacant or occupied and would be charge a
X25.00 cap and uncap fee for each one, this is the only way to calculate the EDU's billed.
The count would be adjusted at that time either way.
,r
THIS I1PS7,'ITD"1~lON IS AN SQIIAL pPP{)IITUl~ITY
PR09I'DLR APD ~L07HR
_- - ._ _.--_ - E,E=ii_i~iFi~~~~FiMa '=;TTP1r; i=~~~aE ~'~'
Page 2
This is not the agreement with any other park also, all other parks pay for the total
Tats, occupied or unoccupied, due to the fact, the Authority is reserving capacity at the
treatment plant for these lots.. In turn this has been followed by the previous employee,
Kevin Cvhick and the current park manager, Ho11y Davis but the last capping our office
received was in March of 2011. In turn the bill would have been calculated up or dawn
depending on the capping or uncapping.
Also find enclosed the minutes of the meeting which show the sewer monthly
increases per xnotian of the Authority from 2008.
if you should need any further information, please feel free to call me.
sincerely,
r.~; ~
Amy Kesseh-ing, QBiice Manager
Enclosure: Authority Resolution
Minutes of Sewer increases
Letter to Hillside Management dated 11/28/2412
Copy of post card of last increase mailed to each
Billed. customer, They should have received 3.
Exhibit "C"
Nov 28 12 05:41 p
~O~
~o~~ti ~~
~~
Franklin Comm Mgmt 8~ Abc
17173695886 p 1
~ot~ ~nr aauoad
~z~a.>~oado 'r~a~a[ ar SI to~Iis~I sr8y
{'~IaT1BZdY ~t lt< aBYSS~ ®fS86 SY'~Z 11111 YY tIIt~Slexa
~ ZVIi l~I'TOd Jiad[00 1ZOOZ BZIA 91tOT1 ~I7O,i SIBZ 'SJ,O'Y 3'ItIPIIYAY 7ZY tltld
ddil'[d ~i~z Y0,0 YI LLL7YdPJ :>1tla'I® SI ZLI[TtBI,QY ~ .L71/d 3t8,T, QL ~uU
(~•}OI >f0 OdId0.'X)D Si07 TIY YCd 'I'II[ OS SI S7[Yd 110 Try >i4[ L7I'IOd ~L)
30Idi0 `J~I1'TaSS9~ I1~iV
`Z~.'11TI$
a~a~na ~a S~I[~ ~ ~ 11t~RP Q~- Z1[400 aat nt S'fi se[olzs~ o[ ser[
1~ OS HJIdd0 tIDOi d0 .i~tL[11d~Q Z~iZYd ~ Qy t~Yd ~ y[OOJ SIGs, il~S I
' igli~l0 HB.L TIYO OS S3L( 'i[[d SS'-d'Id ' Y~OQid SdOYY ~ JKI~
S~OIZS30a ,i~T EAYg IIOi dI 'SSlydplii a8l JIIII0~OY~ IIOl 01 a1Zlytt Q[11'J ZSOl 78,L
HiI1l ~0'IY HOy~0 11QOX Oi ~Yd ~ SaYH BSY,'~I I~8~Qa » l0 S8i011I7i
•110ISWI1ttrJ OA SI BIS~ Og • tt9ti-f9£-LTt- Z>/~1
Y00 OZ tISZYd SI ISp00 I ~ d11SL ~S ~A 9SS~~d "S8iT100Z1rJ IiYl90[d
~iI'RI4 ~ `Z1[YOa zYaa aY YI ~[TIYJ 7oli SI at[io0 ~,i dI •91[ii•LIa i3Pt aRQa
Q~.L7adlY [d9l Z0~ Q"IIIQd 80TH Oyt SS 11ZI bt[ Zi/EZIOI ~ JxQOD Y z4~ i
'8&L1IYpa ZYB,Z 1ZI 87.lT~Oi ~ d0 ~ iSY'I ~i ®'at,~y ~[ I71t0
HYO LTDaIP aHi OS 1'IB.L[<:I 1~ '17a0 SISY[ i'[f18.1711-pa Y 1io sPB= jilYaLipy 8SL
(S't'LI4 d0 1 ~ Qy g0l7td EO ' {~~~5~ T ri111 aS'TiI[ FAQ 'dpi 'y;10
(H~s} t J.~0 frdTIIQ •ad~s •ZSOam- 'IUtr
./ (a11ai•) T I7W' - ®'iZi[ [ItnP •ar1 •'iladY
ao >~ asvi s>tt to Ssz oz araaml a'moK~~) ; •II>adY- ~tu•IZis tt9[9tI 'tatd •1tYr
=san~oara ~I[ITII[ j~xvQo
\~
f~ ~~~~,.~ y~~
~~~
9>Z8S-69E-IYd l,'I?,plT =SLZY
saltiado[d tux
itr~a~wvtt sera ~I•r~oa
Z~'JYrYR BQISTLIH
aioz •tz >~.DOT
L /bE h9£ (L tLJ XY~ ~ 068-69£ (L t!J
ZS2ll Yd 's+~wa~ ~S
P°Daf ~11JnuaP3-m~r~ ~ S4!
~L11~!'4~!?f~ Ti'dI~I1Yl1l!(
dIHSAtil~ O.l Si?Vp~ .LAUys'
T Q 7C1HJ
Exhibit "D"
Nov 2812 05:05p Franklin Comm Mgmt 8, Abc
17173695886 p.1
ulnaaaoaao ~~~ °~ ~°~°O~ .
pubs nl1 sI gaz~usxl sz~r,
~~~p~
ti~Oti ~~ ~
®~.
a~v~vr,T s~I~o `~•ussaY ~-
~I~IS
ADO 9iITIIS YOOZ Z'A.
itito a>fIL s1 S~ •itaSL ails aoa ~'I`LIa S91LIddY~ITQ 1[0 ~utlaa~ OlT 1Gf8Q
,. SVH ~ 'ate CE09 mt4 'SQ LL>7f4I'I ZS9t 'TTOZ `1i ~'IA SI
911Ilf08S SI 3~Zdd0 SIHZ 'dli9 ZSY1 88L •~ ,Trpa Sl/Q iWI'1Oa SIBJ.
'I~OHD~Ii •I1Y!! ii11O~ HFi ~ QIISSI aQ fTa~ TII!! 'T'Il[Q
Y ~~ ~ Q'dddPJ Had ~i 00' St! 11 ~ a4 Z1IA QOI 9iQ1 .LIIBI.
Zo 'aSddPJ1t>0 i[0 aSddlirJ:.S1[ OS SS3iaQ\- a~ SZIl1 a~LTi0 afl0 TI1rJ OZ SI
dlILiO 1IA4i `ice 7fO sI SaAOZ 9Si08 a7I/~ ~ ~r!f '>raio~eonaft TtI!! H,LlO
iIIOi a1(IIS fill I fl~IHll `tea[ SZOliClli 3'yp 911ITII9 T[pOi YQd Z~I'IOd aBZ
'aai~Z SIBL nOx
~ 8a6SI OZ SP!! I 'Sll~ YSIYOH.LQII asi, lil7a aOSSI ZOOI 9HISSIL~SIa RI
9e8S-69E-ZY~I I2'IaH :SLLY
SSI,i19d0fid its
S~QOia911fi1-fi SS01/ afiITIOS
~IIiT ~S'TIIH
Z t OZ ' BZ i~liYdOQ
LiaF-b9f (L tL)Xf'a(• 0681r~9F (LIV
ZS2L 16'd 'svraor~l
~xpn,~~-~~ JS sit
.Lii~-oh~i~1 ~ r~'d~rN.rtt~
dIHSAt~lIOtL Si'IybfLl.lA(If'S''
Exhibit `B"
Saint Thomas Township Municipal Authority
Atln_ Amy Kesselring, Office Manager
l 75 St. Thomas - Edenville Raad
St. Thomas, PA 17252
Re: Hillside Management
Rolling Acres iVlanagement
NITM Properties
Dear Ms. Kesselring,
We are writing in response to your November 27 and 28, 2012, letters regarding the
billing rates and procedures for the above-referenced properties. We are not aware of thz verbal
agreement to which you refer in your November 28, 2012, letter.
We were not a party to this verbal agreement and were never informed of its existence.
As a result, we are not aware of and have not been following the procedure outlined in your
November 28, 20:2, letter. Rather, if any homes have vacated the community, we have
traditionally capped the lines with our own maintenance people and informed the Authority,
verbally, that the home has been removed from the park and the lot is now vacant. This process
has been in place since we purchased the properties in~
Beginning immediately, we will be utilizing the following procedures to inform you
about the number of mobile homes located in each park. These written notifications will
eliminate any confusion or mistakes about the number of park in our communities. On a
quarterly basis (by the 21st day of the last month of the quarter, i.e. March 21 (Q1), June 21 {Q2),
September 21 (Q;), and December 21 (Q4)), we will fax you the attached form identifying the
total number of occupied lots in the park. Vi•'e will also identify on this form the lots (by lot
number) that have been vacated or occupied during the quarter and the dates on which the lots
were vacated or occupied. Our quarterly bill will then be based upon the total number of
occupied lots we report to you at the end of each quarter.
We believe this process is in accordance with both past practice and the rules and
regulations sent to Mr. Schranghamer pursuant to his right to know request. If you have any
questions, please do not hesitate to contact me.
Ve y truly yo rs,
~~
Z d 988S69£L LL L ~qy ~ ~.u6W wwo~ ui~~ue~~ d6~~Z0 Z L LZ ca0
rGiX.c~~. fi~
_~~
DEC ? ± ZOl2
LOT COUNT FORM
PROPERTY: t T ~ 1. ~~-~~ ~ ~t P_ ~GC d~ t) ~
SUBNIITTED TO: ~~~ ~~f ~~ m~S l ~ ~.!0. ~n i G~,fl2 ~ A
DATE OF REPORT: ~ /~ J 1~01'~ FOR Q ~, ~.. ~~r~ (YEAR}
REPORTED BY: ~~ ~ ~, ~~ ~r S
TOTAL OCCUPIED LOTS CLTRRENTL~c' ON PROPERTY: ~~_
LOTS VACATED DURING QUARTER:
LOT NO.
LOT NO.
LOT NO.
DATE VACATED:
DATE VACATED:
DATE VACATED:
LOT NO. DATE VACATED:
LOTS OCCUPIED DURING QUARTER:
LOT NO.
LOT NO.
LOT NO.
LOT NO.
£~d 988969£L LL L
DATE OCCUPIED:
DATE OCCUPIED:
DATE OCCUPIED:
DATE OCCUPIED:
oqy ~ ~.u6W wwo~ ug~ue~~ d09 Z0 Z L LZ ~aQ
~vt ~L:
DEC 21 '1011
LOT COUNT FORM
PROPERTY:
SUBMITTED TO: ~dY~l ~ ~ ~ ~ ~c~m,~ I ~.~. ~l~,~iL~ ~
DATE OF REPORT: ~ / o~ 1 lv~~l,~ FOR Q~, ~~_ a~t)f~ (YEAR)
REPORTED BY: i `~~ ~~1 ~aV i ~
TOTAL OCCUPIED LOTS CURRENTLY ON PROPERTY: I ~ Q
LOTS VACATED DURING QUARTER:
LOT NO. DATE VACATED:
LOT NO. DATE VACATED:
LOT NO. DATE VACATED:
LOT NO. DATE VACATED:
LOTS OCCUPIED DURING QUARTER:
LOT NO. DATE OCCUPIED:
LOT NO. DATE OCCUPIED:
LOT NO. DATE OCCUPIED:
LOT NO. DATE OCCUPIED:
}~~d 988S69£L LL L oqy ~ ~w6W wwo~ w~~ue~~ dOS Z0 Z l LZ oa4
Exhibit "F"
~~1:'1b;~'E=~1 1'~::,~
~TTf~•1
F'~uE 1 ~~
~~rM PLEASB ##AVE DAUB LOOS. AT T$IS AND CALL 1~E.
IF F(}SSIBLE. Y FEEL THEY S8p17I.D NOT BB TELLING US
Btyi~ TO BS BILLI3D, AND ii8 3HOIILD N[yfi CBA7i6B TS1M
Saint Thomas Township Municipal Authority ~,pg ~, ~E'-LOTS. VACAPT OB Dl19ACAli'!. LILE ALL
Attn: Amy Kesselring, Office Manager oTE~a PASS.
175 St. Thomas - Edenville Road
St. Thomas, PA 17252 AxY
Re: Hillside Management
Rolling Acres Management
MTM Frogerties
Dear Ms. Kesselring,
We are writing in response to your November 27 and 28, 2012, letters regarding the
billing rates and procedures for the above-referenced properties. We are not aware of the verbal
agreement to which you refer in your November 28, 2412,_ letG~r. ~~
We were not a party to this verbal agreement and were never informed of its existence.
As a result, we are not aware of and have hat been following the procedure outlined in your
November 28, 2012, letter. Rather, if any homes have vacated the community, we have
traditionally capped the lines with our own maintenance people and informed the Authority,
verbally, that the home has been removed from the park and the lot is now vacant. This process
has been in place since we purchased the properties in,ap~
Beginning immediately, we will be utilizing the followuftg procedures to inform you
about the number of mobile homes located in each park. These written notifications will
eliminate any confusion or mistakes about the number of pe-rk,in our communities. On a
quarterly basis (by the 2 i °~ day of the last month of the, quarter,?i.e. March 21 (Q 1), June 21 (Q2),
September 21 (Q3), and December 21 (Q4}), we•wi11 f~;yot} t~, attached farm identifying the
total number of occupied lots in the park. Vtre will; . '~tm•this forth the lots {by lot
number} that have been vacated or occupied during~;~ the'dates on which the lots
were vacated or occupied. Our quarterly bill wilt ~• d ,upon the total number of
occupied Lots we report to you at the end of e ' `" .;~ _ ; • ~~~„
We believe this process is in
regulations sent to Mr. Schranghamt
questions, please do not hesitate to c
~~0~~E1N~JkJ~J
' ~µ
~•.~
~.
'~ii~ "
.y.i f *f
v~~.'•c
Mice and the rules and
i~tfest: If•~ou have any
a ~~~
!~• 1
••k•~.4 ~.~,
hr
~4 ~Y
,•
~~" ~ r
k ~ ~~
x; : , , ,.
~}' r ~
~' , ~:
Exhibit "G"
~Zi l~i j'~~Jy~ IL. '~J
Ceneuryl:.ink Wat>eutii
aaaaaaaaaa
CenturyLlnk Webmail
~TTt~9
PAGE 1'~'
PeQc 1 of 1
~+rt~gert+bergn~tl.oon
. , ~ ~ ~ t rbnt sire ;,
Hlll~lde Management-Balling Acx+es Management
~ _ ~pea+o~~aomcasc.net rat, ~, ss, ztns to,z~ ~
t.c~: Hltltdde r~n.~r~,c-Romn~ aa~s Mena~ment
To : St. Thomas, St. Thomas Munidpal Auth <stb118nap.mm>
Deer Amy,
1 have reviewed the letter to you from tiollY regtrdlrrp the authority Wlihrp for sewer service to the HlNslde mobile hems
park.l trarrt several ObOervatlOns repa1ti11np that lead' tltat 1 sheil set Muth In this errtep.
t~ neither Roily De~vi6 for HIIISIde Managetnant has any authority hi dtctsGe to tyre St.Thamaa ToNmehlp Mrx~ldpal Aulhoitty how
Hillside marraperr-ent wlil pay then' bIA for sews' servke fn ttte mobile harm park. The tap does not way the dogl The St.Thomas
Munidpai Autl~orlly Is vested vdth the sole power ba detemNne wha shop malntatn sevrer ilroes In the mobile home park and the rages that
are dsarged for sower setvlce.
Seoand, tWl. DsWs Ie~er admnvMiedpes thAt ttrene Is nor agreemmK, verbal or athawlse, belwecn the authprlty and the current owners of
the Hillside VNiape Mobile Home Park. The autltorMy therefore has the power >p determine rates.
~~/'
Thhd, stnoe fhee is na agreerrsent fn e>dsabenoe vdttr ills mobilk home petit, or their managernerrt, It Is my recatm>crtdatlon that the
auttrorttY, at ita neoct repularty sdreduled and adlvertlsed meetlnp, adopt a resoiutlort that creates a urtlfam race for all mobile home patio
in St7lron~ae T'otaMrt9trlp that one oonnecOed tq dre munltlpad sewer. it ~ my iutder.~andirq that other mobile dome parks aomeceed m the
StThomas Murtidpai Sevrer system pay for thdr use of the rrxrrrldpal stswer M the same mata'rd- that mobile borne parks aro dtarped ]n
the rrelphbotirrQ bovrrtshlps of Han~6on and Peters. It H t#tendhr my ~ that the authority adept a reeohttfan that mattes the
rages for ail mobile home petits in StThomas TownsNp thG SditlB ik9 the Hiles dtar+pcd mobile home parks bi ~~ ~ Pe{~
Towreilttp. This wip a'eabt! a ~Zt and equal retie and ~ structue for ail mobile hOnte path In this ~eoQapl>Ica1 area of Fl'drttdln
~Y. The efltedtve dace rot ratrB to be diarged slwuld be January i, 2Di3, v+ith any rate cirartga ro be neltected to the next rby~dar
~+o•
SIHC~rely ~.
oaad c de.ver, Eaq.
Auttrority soildbor
IntpJiinlaou.ceelraylmk,Her'/yimtrra/hJprintmessaga?id•3016?t? sii tno~s
Exhibit "H"
~1i1,, =~~1:_; 4~9:~~1 N0Nl~E~h06~1F1 T
ST , P9~;
PAGE E2
~-.~~
SAINT THOM.lS TOWNSHIP
MUNICIPAL ~lUTgORITY _
17S St. Thomas: ,Ed~,n,Ille Read
~' ~gmax, PA 17ZS2
(7.17) 369: 5890 • FA,Y (717) 36v-j~ I7
January 1 b, 2013
l~iillside Mataagement
Rolling Acres MaaaSament
MTM Propertios
PO Box 677
Morgantown, PA 19543
To Whom It May Concern;,
At the St. Thomas Township Municipal Authority, January 14, 2013 Public
Meeting,
The following motion was made;
On a Pismeny/Bennett motion it was approved to gave ~ p~k O~~ pay for all
EDU'a allocated whether occupied or unoccupied and to have all park owner mafnntain all
callectron system lanes within We mobile home park, Tye Authori 's
be to maintain the septic tsnkg only. E$'ective Jan ~' responsibility will
nary 1, 2013. Approved 4 yos votos. ".
Sincerely,
L7...~,~, ~ ~e....1.~ ~.,
Amy Kessolring, office Manager
'~ f
via: Fax/Holly Davis
Exhibit "I"
F~~uE ~a~
faint Thomsa Townahlp MuMcipai Authority
5 Yssr Cash FIpNr Pro~sction
t?eat~Xbtion Projected Protected Projected Projected P~
12!31 /2012 12131 /2013 12/3112014 12/91/2015 12!3112018
Ssrver Rentals
TepFssa 812,000 814,000 818,000 818,000 817,000
Capping and Uncapping Faea 14.120
75 21,OOD 24,500 30,000 30,000
Inepecflon Foes
300 i2b
350
125
125
125
Administrative Fpm
2,000
2.500 400
2
800 400
2 400
~' Income
500
960 , ,800 3.000
Intt>reat income
a ann
. nnn 1,000
....-- 1,250
- - . . 1,250
UnNOrnts and 3eMce
WaggS " ~~ 2,394 2,490 2,589 2,893 2.$01
Wagee - 4thera 42.790
192
000 43,848 44,$19 4b,409 48.317
Pension Expenas ,
11
381 134,640
11
589 137,333
11 140.078 142,881
Soda! Security Tax ,
13,371 ,
13,839 ,820
13
912 12,057
14 12,298
Unempbymsnt lax
A
'
1,319
1,319 ,
1,319 ,190
1
919 14,474
1
319
uthority AAemt»i
s Fees
Engineerlnq 4,300 4,429 4,682 ,
4,699 ,
4.840
LeyslsndAccounting 13,600
10
888 8,800
10
982 9,700
1 10.000 10,000
OfAce EXpbrlae ,
t 1,000 ,
11,13$ 1,284
11,277 11,694
11
418 11,913
11
580
Insurance
InBUranoa - empbyees 27,500
94
000 27,913
108 28,331 ,
28,758 ,
29,187
Maintenance ,
55
000 ,100
68
100 124,315 142,982 184,407
Pumping - penersl leaning ,
31,500 .
32,130 57,222
32
773 68.388
33
428 59,534
3
AdVertiehtq 8 prlntlng
860
900 ,
1,100 ,
1
100 4,097
1
100
Dues and aubedtpti0n5 700 700 700 ,
700 ,
700
TelePhOne
UtiMdsa & garbage 7,200
85
500 7,272
68
77 7,345 7,418 7,492
C3asoiina 8 fuel 011 ,
8
090 ,
5
8
252 70,500
8
4 73,000 75,500
Matsrlei8 & supplies ,
700 ,
700 ,
17
700 8,585 8,767
TrestmemoDatB
S~emtnare $~ mee8nga
29,000
29,290
29,583 700
29,879 700
30,178
Educatl°n 7 50
580 180
800 150
800 t 55 1 bb
MisceBaneoua
Interest on Long Term Debt
5.980
3,500
3,500 800
3,500 800
3.500
Prlndpal on Long Tenn Detrt 159,84$
188,181 154.028
182
283 147,884
193
445 140,967
19 134,029
Capltai Projectei & Equipment
20-~ ,
~n nrul ,
,,,, ,,,,,, 9,842 205,881
Projected income (Cosa) (82,249] (100,438] (128,134) (149,042) (178,844)
Cash & Inveatmanta - Beginning of year 578 617 498 388 395 932 289 799 120 757
Cash 8 Inveatmenffi -End of year
Opera@ng IncgmO (Loss)
Total Income (Lo8a)
Inorease (Decrease) In Casa & Investmerrts
498 388 395 932 289 789 120 767 58 087
IQg$ ~4.+ ~ X14
(49,610} 3,387 (22,492)
(208,587) (93,378) (220,785)
{254,044) 120,655 40,587
~.
(4,305)
(180,992)
(57,648}
Exhibit "J"
=,T ~-r,~
PAGE b1
JA11QA8Y 17, 2013
sArlvr rxo~rAS raWNSHIF
MUIVIGIFAL AUT'h~0,1~X~'Y
b442 LINCOLN WAY WEST
ST. THpMAS, PA. 17252-9603
(717) 3b9-5894 ~ FAX (717) 369-3477
GSP MAL~AG~N? GO.
ATTN: DANIEL F. SCH1tANGHAMER, ESQ.
eoo WEST aTH srREET
SuIrE zoo
WILLIAI~SPORT, PA 17701
PLEASE BE ADVISED THE AUTHQRITY BAS ALWAYS CHARGED l3VLRY M}BILL
HO!!L+ IN THE SEWER AREA' FRDli 1991 1~OR EVERY LOT OCCUPIED OR NOT EZCEPT
FOR HILLSIDE MA1~OR. ROLLING ACRES MANAGE!lENT DUE TO A VER$AL AGREB![EpT ONLY
WITH THE PARK OWNER AT THAT TIlIE.
SECTION 2-SEWER RENTALS AND CHARGES.
F.~TCLOSBD- A. SEWER RENTALS ARE FI7CED AND IMp~pgg,D 11FON AHD SHALL EE COLLI~Q1~
F~ THE OW1~ER OF EACH IIiPROVED PROPERTY FOR IISE Ole THE SEWER SYSTBlI,
WAETBER SIICH IISE SHALL BE DIRECT OR INDIRECT.
PLEASE BE ADVISED ANY PRBVIOIIS VERBAL AGREBI~N•rS ~gE NOT MADE WITH
THE ~ DER. ALSO, SE ADVISED ANY PREVIOIIS POLICY WAS CH1lNGED
EF1-ECTIVE JANIIARY 1, 2013 WITH THE PREVIOIIS MOTTON (COPY WA5 FAQ TO YOUR
OFFICE). THIS W~1S TO HARE THE SEWER AREA U~iTlgipgK IN THE WAY THE AIITHORITY
HARDLES ALL i~DBILE "HO1KE PARK3 ON THE SEWER SYSTP~i. ANY PREQIOUS VE$~L
A~El~NTS ARE NOW VOID AIiD WERE NOT MADE WITH T~ CURRENT OWNER OF Z`RE
PAR[.
TF YOU S80ULD REED ANY FU$~R INFpRMATIOM, PLEASE FEEL FB,Eg TO CALL OR
FA% O[JY OFFICE.
SIZfC$Rgjy,
Q~ ~ .~
A~lY KESSELRING, OFFICE MANAGER
_ _ _. ._ F_' _ - _ • _ H1'r_'14_t J 4j ~ ~ G~ G1 V14_1 -
=TT(9
i
~_~--..4
~sAl~r THa.~rrA,s Ta w~vsHrP
MU~VICI,~AL AUTHORITY
.~
17S St. Tho-tiaJ: EderrvJlle Raad
S'~.-~tgmas, ~PA J?zS2
(7.17) 369: 5890 . F,lX (717) :3bS+-j~ l7
January I6, 2013
Hillside Management
Rolling Acres M~Sement
MTM Prr-perties
PO $ox 6?7
Morgantown, PA 19543
To Whom It May Concern:,
At the St. Thomas Tow~~p Municipal Authority, January 14, 2013 Public
Meeting,
The following motion was made;
On a Pismeny/$ennett motion it was approved to have all Park Ownerr~ pay for all
EDU's allocated whether occupied or unoccu ied
collection system lanes within tb~e mobile ho e P 1c. Ty Authon~~ o~~ m~~ ~l
be to maintain the septic tanks only. Efl'eetive, January 1, 2013. ~ponsibility will
Approved 4 yes votes.
Sincerely,
Aray Keaselring, Office Manager
F'~uE ~r~
'/
Via: Fax/Holly Davis
a1i 1i ~~~~ _; ~~y: ~a aaaaa0aaaa srrr~
. PAGE a:,
'cilities, pumping stations, interceptor lines, meter pits
'`and appurtenant structures to be acquired and/or
constructed and/or owned and operated by the Authority !or
the purpose of receiving, conveying, treating and disposing
Domestic Sewage and/or Industrial Waste in the Sewered
Area.
Q. 'Township" shall mean the Township of Saint
Thomas, Franklin Covnty, Pennsylvania, a municipality of
the CommonweaXth, acting by and through its Board of
Supervisors.
A. Sewer rentals are fined and imposed upon and shall
be collected from the Owner of each Imgraved Frvperty for use
of the Sewer System, whether such use shall be direct or
indirect, and for services rendered by this Authority in
connection therewith, which sewer renta~.s shall be payable at
the times and in the amounts as provided in this resolution, in
accordance with the following schedule of rates and
classifications.
- b -
Exhibit "K"
1 '~ i 1 ~ "~ 4_i l '~ i ._:: F' I 4_1 F14_1 ~'1 ~ 4'141 F1 F 4_1 = TT I' 1~ -
..~._ - -_......,r. __ _._._ _ t='rih~ X1'1
~ ~~ .. `
y-
~~ ' ~i
MAS TOWNSHTA MTTNTf'Tbdr wnmr.n
-.
~~
A RESOLUTION I~
OP" THE $OARD OF THIS AUTHORITx FIXING AND
IMPOSING SEWER RENTALS AND OTHER CHARGES FOR USE
OF THE SEWER SYSTEM TO BE ACQUIRED AND
CONSTRUCTED AND TO BE MAINTAINED ANA TO BE
OPERATED BY THIS AUTHORITY AND FOR SERVICES
RENDERED BY THxS AUTHORITY IN CONNECTION
THEREWITH, UPON OWNERS OF IMPROVED PROPERTY
WHICH SHALL CQNNECT TO AND SHALL BE SERVED BY
SUCH SEWER, SYSTEM; PROVIDING FOR COLLECTIONS AND
FOR FIi,ING OF LIENS , AS APPFtOPRIATE~
WHEREAS, This Authority ig a municipality authority
existing under and gpverned by the Act; and
~~
iI
WHEREAS, Thie Authority, pursuant to authority vested
in ~t by law, plans to acquize and/or to constxvct the Sewer
„ System in the Township; and
k
{
WHEREAS, The Township has enacted an Ordinance
requiring every Owner of an Improved Property located in the
To~anahip that shall be accessible to and whose principal f I,
building ie within lgp Feet of the Sewer System to con '~
the Sewer System; and nett with '
1 '
ii
~fj~
r
~ I~
,, !j
1'~r'c1~1;"~:?1 ' __: 59 i~119~1F1~1E1EL_1b~F_1 =TTP~1
F'~iaE 14=~
C . "CommQnwteeltle" shall mean the Commonwealth
of Pennsylvania.
p . '1Conautting f'ingineer" shall mean the
engineer retained by the Authority, versed in Sanitary
Engineering,
E. '?)omeatic Sewage" ehalX mean the normal
water borne waste from a househo7.d, as well as toilet
wastes from residences, business buildings, institutions,
commercial and industrial establishments. .
F. 'welting Unit" shall mean any room, group
of roams, house trailer, mobile home, or other enclosure
occupied or intended for occupancy as separate living
quarters by a family or other grouQ of persons living
together or by persons living alone.
G . 'equivalent Uwelting Unit" shall mean the
unit of measure by which sewer rentals and connection
charges shA11 be imposed upon each Improved Property,
related to the equivalent amount of Domestic Sewage
discharged by an average single-family Dwelling Unit, to be
- 3 -
~;'i4i"-+=~1'~ ~?: 59 I7 FP14_1F4_14_1F11iF1 ~=:TTh9~ P';uE 11
applied in accordance with exhibit "A" attached herrto and
made a part, hereof .
~. '7rnpror~ed Property" eha11 mean any property
upon which there is erected a structure intended for
continuous or. periodic habitation, occupancy or use by
human beings or animals and Prom which structure Domestic
Sewage and/or Znduetrial Wastes shall be or may be
discharged, which is located within the sewered area.
I . '7nrlttatriat Psta6tiahment" shall mean any
Improved Property used for pr intended to be used wholly or
in part fox the manufacturing, fabricating, warehousing,
processing, cleaning, or assembling of any groduct,
commodity or article or for which any industrial Waste as
distinct Prom Domestic Sewage shall be discharged, which is
located within the sewered area.
J. '7rcduatrfatWaate" shall mean any solids,
liquids, or gaseaue substances or form of energy rejected,
discharged or escaping from an industrial establishment
during the course of any industrial manufacturing, trade or
business process as distinct from Domestic Sewage.
._4_
1 ~i i'4;:.."'ii ~' _~: ~~~ 4141414jH1F1F1H~4~F1 '_; I TI:i,
~XNIBIT "A"
r~
- :CLASSIFICATION -0F USE E4UIYAlEN7
CWCLLIiiG UNiTS
!fowling Ailsy (In Addition to Reftturant Facilities} 1
Ptr 5 Lanea or Fraction Thsrsof
Retail StOrt with Msat, Ytgttebis, Or Okhsr FoaO 1
~epantiort Fac111tils (Per Employs! Food Preparation
Station!
Restaurant, Club, Tavern, or Other Establishment 1lhich l
~isDensss Faod and/or Ileveragts tPsr SO Seats or Fraction
Thsrso?)
ServlGe Station or Yehtt)e Repair Gera9qe
(Per 2 Sayc ar Lass Without Car Wasn Facilities) }
(Each Additional Bay Over 2) 1/2
(Lath Car kasn Ssy) I/2
Firehauce, Municipal Building, or 5lmilar Uas
(P!r Rlstroorn) 1
Drive-tn Theatre ar Similar Facility (Per 26 Car Spats
or Fraction Thersaf) ()n Addition to Faod Preparation 5tatign} 1
Church (Per Each 100 Mssden ar Fraction Thereof, MithaUt
K1Lthln Facilities) }
Church tPer Each 100 Nemberf or Fraction Therlof, With
Kitchen Facilitisf) 1_1/2
0.ttail 8uaineas (Par 3 EmplOyssa or Fraction Thsrsof) 1
leauey 5hap fUp to 2 Chairs} ~
(Every Chrtr in Excess of 2 Chatrf) 1/2
tarter Shop tUD to ! Chairs) 1
(Evsry Chair 1n Exc::f of 2 Chain ) 1/2
Motel or Mbttl (In Addition to Rsstaunnt Fit111ifss)
(Per Rental Room) 1/2
Laundromat tPsr 3 Washers Or Fraction Thsrsof} 1
Sthool or Similar Institutionf
(Mithout Shower or Kitchen Fatilitlss Par 20 Pupils) }
With Shaver FlCilitiac - Psr 15 Pupils} 1
tWith Kitchen Facilities - Psr 15 Pupils) 1
(With Kitchsn ti Shower facilitits - Par 10 Pupils) }
(7atchero, Admlrtistration, Cuatodtat Melp, Whether Fuli
pr Part-Tiles Shatl bs Counted of Pupila}
0usiness or Prgfesaionai trftin
(3 or Less Employees) 1
{Each Additional Employs! Over 3 or Fraction 7herlof} )/p
Car A+ashtnq fstabliahment (Mlninuei Ens jl) aey) 1
(Each Additional flay)
1/2
Each improved Property Mavinq Garbage Grinder l
t3l4 Norfapower or Grarter}, for Each Such Grinder
Industry
(kltnout Showers or Ctfstsria - Per 15 Emptoyelt! )
(With 5howsr - Psr 12 Employtta)
(Math Cafeterit Per f2 Emplgytea) 1
tMith Shower and Cafeteria - Per H Empigytef! 1
}
MOf-11e one
I
F'~iaE ~5
Exhibit "L"
i
Hillside Manor
# of EDUs # of EDUs Total EDU Cost Billing
Month in Park Billed Difference Per EDU Discrepancy
May-08 158 160 -2 37 -$74.00
]un-08 158 160 -2 37 -$74.00
Jul-08 158 160 -2 37 -$74.00
Aug-08 158 160 -2 37 -$74.00
Sep-08 156 160 -4 37 -$148.00
Oct-08 155 160 -5 37 -$185,00
Nov-08 156 160 -4 37 -$148.00
Dec-08 156 160 -4 37 -$148.00
Jan-09 156 160 -4 37 -$148.00
Feb-09 156 160 -4 37 -$148.00
Mar-09 155 160 -5 37 -$185.00
Apr-09 157 160 -3 37 -$111.00
May-09 156 160 -4 40 -$160.00
Jun-09 155 160 -5 40 -$200.00
Jul-09 155 160 -5 40 -$200.00
Aug-09 157 160 -3 40 -$120.00
Sep-09 157 160 -3 40 -$120.00
Oct-09 157 160 -3 40 -$120.00
Nov-09 157 160 -3 40 -$120.00
Dec-09 156 160 -4 40 -$160.00
)an-10 156 160 -4 40 -$160.00
Feb-10 156 160 -4 40 -$160.00
Mar-10 156 160 -4 40 -$160.00
Apr-10 156 160 -4 40 -$160.00
May-10 156 160 -4 40 -$160.00
Jun-10 154 160 -6 40 -$240.00
Jul-10 154 160 -6 40 -$240.00
Aug-10 154 160 -6 40 -$240.00
Sep-10 154 160 -6 40 -$240.00
Oct-10 153 160 -7 40 -$280.00
Nov-10 151 160 -9 40 -$360.00
Dec-10 150 160 -10 40 -$400.00
Jan-11 150 160 -10 40 -$400.00
Feb-11 150 160 -10 40 -$400.00
Mar-11 150 160 -10 40 -$400.00
Apr-11 150 160 -10 40 -$400.00
May-11 150 160 -10 40 -$400.00
Jun-11 150 160 -10 40 -$400.00
Jul-11 149 160 -11 40 -$440.00
Aug-11 149 160 -11 40 -$440.00
Sep-11 149 160 -11 40 -$440.00
Oct-11 148 160 -12 40 -$480.00
Nov-11 147 160 -13 40 -$520,00
Dec-11 146 160 -14 40 -$560.00
Jan-12 146 160 -14 40 -$560,00
Feb-12 146 160 -14 40 -$560.00
1/22/2013
- 5
Hillside Manor
Mar-12 146 160 -14 40
Apr-12 146 160 -14 40
May-12 145 160 -15 40
Jun-12 143 160 -17 40
Jul-12 143 160 -17 45
Aug-12 141 160 -19 45
Sep-12 141 160 -19 45
Oct-12 140 141 -1 45
Nov-12 140 141 -1 45
Dec-12 140 141 -1 45
-$560.00
-$560.00
-$600.00
-$680.00
-$765.00
-$855.00
-$855.00
-$45.00
-$45.00
-$45.00
-$16,882.00
1/22/2013
1
Exhibit "M"
~,
ROLLING ACRES
# of EDUs # of EDUs Total EDU Cost Billing
Month in Park Billed Difference Per EDU Discrepancy
May-08 138 135 3 37 $111.00
Jun-08 138 135 3 37 $111.00
Jul-08 138 135 3 37 $111.00
Aug-08 139 135 4 37 $148.00
Sep-08 137 135 2 37 $74.00
Oct-08 137 135 2 37 $74.00
Nov-08 135 135 0 37 $0.00
Dec-08 135 135 0 37 $0.00
Jan-09 134 135 -1 37 -$37.00
Feb-09 134 135 -1 37 -$37.00
Mar-09 133 135 -2 37 -$74.00
Apr-09 133 135 -2 37 -$74.00
May-09 134 135 -1 40 -$40.00
Jun-09 133 135 -2 40 -$80.00
Jul-09 133 135 -2 40 -$80.00
Aug-09 134 135 -1 40 -$40.00
Sep-09 134 135 -1 40 -$40.00
Oct-09 133 135 -2 40 -$80.00
Nov-09 132 135 -3 40 -$120.00
Dec-09 132 135 -3 40 -$120.00
Jan-10 131 135 -4 40 -$160.00
Feb-10 131 135 -4 40 -$160.00
Mar-10 131 135 -4 40 -$160.00
Apr-10 131 135 -4 40 -$160.00
May-10 130 135 -5 40 -$200.00
Jun-10 130 135 -5 40 -$200.00
Jul-10 131 135 -4 40 -$160.00
Aug-10 131 135 -4 40 -$160.00
Sep-10 131 135 -4 40 -$160.00
Oct-10 131 135 -4 40 -$160.C)0
Nov-10 131 135 -4 40 -$160.00
Dec-10 130 135 -5 40 -$200.00
Jan-11 130 135 -5 40 -$200.00
Feb-11 130 135 -5 40 -$200.00
Mar-11 129 135 -6 40 -$240.00
Apr-11 128 135 -7 40 -$280.00
May-11 128 135 -7 40 -$280.00
Jun-11 127 135 -8 40 -$320.00
Jul-11 127 135 -8 40 -$320.00
Aug-11 127 135 -8 40 -$320.00
Sep-11 127 135 -8 40 -$320.00
Oct-11 126 135 -9 40 -$360.00
Nov-11 126 135 -9 40 -$360.00
Dec-il 126 135 -9 40 -$360.00
Jan-12 126 135 -9 40 -$360.00
Feb-12 126 135 -9 40 -$360.00
1/22/2013
ti ~f ~
ROLLING ACRES
Mar-12 126 135 -9 40
Apr-12 125 135 -10 40
May-12 125 135 -10 40
Jun-12 125 135 -10 40
Jul-12 123 135 -12 45
Aug-12 123 135 -12 45
Sep-12 123 135 -12 45
Oct-12 121 120 1 45
Nov-12 121 120 1 45
Dec-12 121 120 1 45
-$360.00
-$400.00
-$400.00
-$400.00
-$540.00
-$540.00
-$540.00
$45.00
$45.00
$45.00
-$9,603.00
1/22/2013