HomeMy WebLinkAbout13-5613 Supreme Co iii�of -Pennsylvania
Cou ; o f- CommOPIeaS For Prothonotary Use Only:
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Wi ' bY��E�t tlrt` S,
.y Docket No: I�
dN *144 County
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C ommencement of Action:
S 'X! Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction Declaration of Taking
E
Lead Plaintiff's Name: Lead Defendant's Name:
C Township of Hampden Deerfield Leasing, LLC
T Dollar Amount Requested: El within arbitration limits
' I Are money damages requested? 51 Yes 0 No check one ) Ooutside arbitration limits
O
N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? 0 Yes ER No
A Name of Plaintiff /Appellant's Attorney: Keith O. Brenneman
0 Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant)
i Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
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0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance Dept. of Transportation
i S 0 Premises Liability Statutory Appeal: Other
Product Liability (does not include
{ E mass tort) 0 Employment Dispute:
0 Slander/Libel/ Defamation Discrimination
C l Other: 0 Employment Dispute: Other E] Zoning Board
T Other:
0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort - DES
i 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment
0 Other: 0 Common Law /Statutory Arbitration
Eminent Domain /Condemnation 0 Declaratory Judgment
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i 0 Landlord /Tenant Dispute d Non - Domestic Relations
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i
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Updated 1/1/2011
�r -01 F
Keith O. Brenneman, Esquire i
'
Attorney ID No. 47077
k
Snelbaker & Brenneman, P.C. `'" " S EP 2
r t
44 West Main Street
Mechanicsburg, PA 17055 C It ,? R L AND T Y
(717)697 -8528 P 'SYLVAPt1
Solicitor for Hampden Township
TOWNSHIP OF HAMPDEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. .2013- / CIVIL TERM
DEERFIELD LEASING, LLC, l
Defendant CIVIL ACTION
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with a court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORAMTION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORE 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 -3302
(717) 249 -3166
SNELBAKER & BRENNEMAN, P. C.
B 1`
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER & Y I 7 �P�� / ?�
BRENNEMAN, P.C.
r �
Keith O. Brenneman, Esquire
Attorney ID No. 47077
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717)697 -8528
Solicitor for Plaintiff Hampden Township
TOWNSHIP OF HAMPDEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2013- CIVIL TERM
DEERFIELD LEASING, LLC, CIVIL ACTION
Defendant
COMPLAINT
Township of Hampden, by its Solicitor, submits this Complaint and in support thereof
states the following:
1. Plaintiff Township of Hampden is a first class township of the Commonwealth of
Pennsylvania with a principal office located at 230 South Sporting Hill Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. Defendant Deerfield Leasing, LLC is a limited liability company conducting business
in the Commonwealth of Pennsylvania with an address of 5099 Deerfield Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
3. Defendant is the owner of an improved parcel of land located at 5231 East Trindle
Road, Mechanicsburg, Pennsylvania, having acquired the same by a Deed recorded in the Office
LAW OFFICES
SNELBAKER &
BRENNEMAN P.G.
of the Recorder of Deeds for Cumberland County, Pennsylvania at Instrument No. 201308575
(the "Property ").
4. Plaintiff operates a municipal sanitary wastewater collection system (the "System ")
that provides service to various properties in Hampden Township.
5. Pursuant to previous and current Act 537 Plans adopted and approved by the
Pennsylvania Department of Environmental Protection, the Trindle Road area, including that
portion of Trindle Road adjoining Defendant's Property, was identified as a sewer service area in
which the System was to be extended to provide sanitary sewer service.
6. By March 28, 2013, the Hampden Township Sewer Authority ( "Authority ")
substantially completed an extension of the sanitary sewer System in the Trindle Road area,
thereby extending the System across the front of Defendant's Property.
7. On March 13, 2013, the Authority pursuant to requirements of the Pennsylvania
Municipality Authorities Act adopted Resolution 2013 -05 establishing tapping fees for those
properties required to connect to the System in the Trindle Road area. A true and correct copy of
Resolution 2013 -05 is attached hereto and incorporated by reference herein as "Exhibit A ".
8. On March '28, 2013 written notice of the assessment of the tapping fee, the need to
make an application and pay the required tapping fee and connect to the sanitary sewer System
was provided to Defendant by regular first class mail. A true and correct copy of the notice of
March 28, 2013 provided to Defendant as noted above is attached hereto and incorporated herein
as "Exhibit B ".
9. Defendant has failed or refused to comply with the notice provided March 28, 2013 by
failing to pay the required tapping fee to Hampden Township, submit the required tapping fee
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
2
application and make connection from the improvements on the Property to the System within
the 45 day period specified in the March 28, 2013 notice provided.
10. In an effort to seek Defendant's compliance with Plaintiff's requirement that
Defendant pay the tapping fee, submit a tapping fee application and connect to the sanitary sewer
System, Plaintiff on May 14, 2013 again provided. Defendant with notice of the obligation to do
the same by letter mailed by both regular first class mail and also by certified mail, return receipt
requested. A true and correct copy of the notice of May 14, 2013 provided to Defendant is
attached hereto and incorporated by reference herein as "Exhibit C ".
11. Defendant has failed and refused to pay the required tapping fee, submit the required
application and connect to the sanitary sewer System.
COUNT
12. Paragraphs 1 through 11, inclusive, of this Complaint are incorporated by reference
herein.
13. Pursuant to Section 2401.1 of the First Class Township Code (53 P.S. §57401.1) the
Hampden Township Board of Commissioners is authorized by ordinance to compel property
owners abutting a street where a sewer drainage system is located to make connection with the
sewer system.
14. Pursuant to Chapter 18, Part 1, Section 102 of the Hampden Township Code of
Ordinances, the owner of any improved property abutting a street on which there is a sewer, shall
connect the improved property with the sewer within 45 days after notice to the owner from
Hampden Township to make such connection.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
3
15. Defendant has failed and refused to connect the improvements on its Property to the
System within 45 days of notice after being provided such written notice on two occasions.
16. For the above reasons, Defendant is in violation of Chapter 18, Part 1, Section 102 of
the Hampden Township Code of Ordinances.
WHEREFORE, Plaintiff requests this Court to:
A. Order and direct Defendant to pay a tapping fee of $6,925.00;
B. Order and direct Defendant to make proper application to Hampden
Township for connecting its Property to the sanitary sewer System;
C. Order and direct Defendant to connect its Property to the sanitary sewer
System; and
D. Order and direct such other relief as this Court deems appropriate.
COUNT II
17. Paragraphs 1 through 16, inclusive, of this Complaint are incorporated by reference
herein.
18. Defendant has failed and refused to pay the applicable tapping fee associated with its
requirement to connect to the sanitary sewer System.
19. The unpaid tapping fee due by Defendant is $6,925.00 as established by Authority
Resolution 2013 -05.
20. The tapping fee assessed against Defendant is due and owing to Plaintiff despite
Defendant's failure to connect to the sanitary sewage System.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$6,925.00 together with interest and costs of this action.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
4
J {i
SNELBAKER & BRENNEMAN, P. C.
By: Iv
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697 -8528
Solicitor for Plaintiff Township of Hampden
Date: September 25, 2013
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
5
f
VERIFICATION
I, Keith B. Metts, Township Manager, verify that the statements made in the
foregoing Complaint are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification
to authorities. I verify that I am authorized to execute this Verification on behalf of
Hampden Township.
Keith B. etts, Township Manager
Hampden Township
Date: September 25, 2013
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
6
x
RESOLUTION 2013 -05
A RESOLUTION OF THE HAMPDEN TOWNSHIP SEWER AUTHORITY,
CUMBERLAND COUNTY, PENNSYLVANIA, IMPOSING A TAPPING FEE DISTRICT
PURSUANT TO ACT 57 OF 2003 PERTAINING TO THE TRINDLE ROAD BASIN
SERVICE AREA.
WHEREAS, Hampden Township Sewer Authority (the "Authority ") is a body politic and
corporation organized and existing under the provisions of the Municipality Authorities Act of 1945,
as amended (the "MAA ") 53 P.S. Section 301,et seq. which Act was revised by the Municipality
Authorities Act, approved June 19, 2001, Chapter 56 of Act 22 of 2001 (56 Pa. C.S. Ch. 56 et seq.);
and,
WHEREAS, Authority owns a complete sanitary sewage collection, conveyance, treatment
and disposal system, including all related and necessary facilities (the "Sewer System ") for rendering
sewage service in and for certain portions of the Township of Hampden (Township), Cumberland
County, Pennsylvania, and the Townships of East Pennsboro and Silver Spring, Cumberland County,
Pennsylvania, and
WHEREAS, the Authority desires to establish a tapping fee, comprised of a capacity part,
collection part, and connection part in order to make persons or entities who exhaust the remaining
capacity of existing facilities or whose demand for capacity should require additional facilities, pay
part of the cost of existing facilities and to pay the cost of additional facilities; and
WHEREAS, the Authority has constructed wastewater facilities for the purpose of serving
the Trindle Road Basin; and
WHEREAS, the Authority has established a sewer service district in order to accurately
determine the fees which may appropriately be applied in the Trindle Road Basin.
WHEREAS, the Authority is authorized by the MAA, as amended by Act 57 of 2003 to
charge a tapping fee to property owners who desire or are required to connect to the Authority's
Sewer System, the amount of which shall not exceed the costs of the following fee components as
more full set forth herein:
1. The capacity fee for capacity related general system facilities including, but not
limited to, treatment plants, pumping stations, force mains, and interceptors.
2. The collection part for collection related facilities including collection mains.
3. Connection fee for connection laterals from the Authority's main to the property line.
4. Special purpose part for special purpose facilities applicable only to a particular
group of customers or serving a particular purpose or serving a specific area.
1
EXHIBIT A
5. Reimbursement component being in the amount necessary to recapture the allocable
portions of facilities in order to reimburse the property owner at whose expense such
facilities were constructed.
NOW THEREFORE, BE IT RESOLVED by the Board of the Hampden Township Sewer
Authority as follows:
1. Unless the context specifically and clearly indicates otherwise, the meaning of the .
terms used in this Resolution shall be as follows:
a. "Authority" means Hampden Township Sewer Authority, Cumberland
County, a Pennsylvania municipal authority.
b. `Building" any structure with four walls and a roof.
C. "Commercial means any room; group of rooms, building or enclosure used
or intended for use in the operation of one business enterprise for the sale and distribution of
any product, commodity, article or service or used or intended for use for any social,
amusement, religious, education, charitable or public purpose and containing plumbing
facilities for kitchens, toilet or washing facilities. "Commercial" includes institutional
dormitories.
d. "Equivalent Dwelling Unit (EDU)" with regard to residential owner, is any
room, group of rooms, house trailer, mobile home, enclosure, etc., occupied or intended for
occupancy as separate living quarters for a family or other group of persons living together
or by persons living alone. An EDU for commercial and industrial shall mean the unit rate
of flow of sewage in multiples of 220 gallons per day, emanating from a use of structure
other than a Dwelling Unit, said amount to be based upon water consumed at said use of
structure or upon the actual flow of sewage discharged into the said sewer system.
e. "Industrial" means any room, group of rooms, building or other enclosure
used or intended for use, in whole or in part, in the operation of one business enterprise for
manufacturing, fabricating, processing, cleaning, laundering or assembling from which any
waste, as distinct from sanitary sewage, shall be discharged.
f. "Owner" means any individual, partnership, company, association, society,
trust, corporation or other group or entity.
g. "Person" means any individual, partnership, company, association, society,
trust, corporation or other group or entity.
h. "Township" means the Township of Hampden, Cumberland County,
Pennsylvania, a municipality.
i. "Trindle Road Basin" is defined and limited to the area within the Township
located within the Boundary lines shown on Exhibit "A ", attached hereto, and cannot be
assigned to any other area in the Township.
2
2. There is hereby fixed and imposed a tapping fee upon the owner of each property
making any connection to the sewer system within the Trindle Road Basin. The tapping fee is also
applicable to any property previously or currently connected within the Trindle Road Basin which
increases its EDUs or disconnects, recomlects, and increases its EDUs to the sewer system. Further
the tapping fee is applicable to any additional uses, whether new or identical, whether connected
through one or more existing or new laterals or sewer connections, whether connected to a line
owned by the Authority or any other party, which increases a property's contribution of EDUs to the
sewer system. Any such property will be given credit only. for the amount of EDUs for which
charges previously have been specifically levied and paid. Each EDU shall be a separate charge
even though two or more domestic units may be connected to either new or old collection lines
through a single connection (a wye or manhole). However, the Authority may, at its sole option and
discretion, contract to provide for payment of certain sums of money in lieu of the tapping fee, noted
herein. For non - residential owners, commercial or industrial, the number of EDUs to be assigned to
each owner shall be determined as noted in paragraph 1(c) above. Whenever actual hydraulic and/or
loads exceed estimates, an additional tapping fee shall be charged at the rate listed in Paragraph 4.
3. Where any property connected to said collection line shall be converted, enlarged or
remodeled or additional buildings shall be constructed on a property and connected indirectly to said
collection line through an existing lateral, so as to create or establish additional uses as classified in
Paragraph 2 hereof, an additional tapping fee determined in accordance with Paragraph 2 hereof for
each such additional use shall be payable to the Authority by the owner of said property.
4. The maximum tapping fee component calculations pursuant to Act 57 of 2003 are
included herein as Schedules A, B, C, and D attached hereto and made apart hereof, which shall be
available for public inspection. There is hereby established a Capacity Fee of $4,919.00 per EDU; a
Collection Fee of $1,946.00 per EDU; a Connection Fee of $0.00, per connection and a Customer
Facility Fee of $75 for those customers that connect to the sewer system in the Trindle Road Sewer
District.
5. A total fee of $5,700 per EDU will be charged for properties on which buildings
existing prior to February 14 2013 are connected to the sewer system in the Trindle Road Basin
provided that said connection is made prior to June 30, 2013. The number of EDUs eligible for the
rate of $5,700 per EDU shall be determined based on the use of the property existing as of February
14, 2013. The total fee of $5,700 is equal to a Capacity Fee of $4,979.00, a Collection Fee of
$721.00, and a Connection Fee $0.00 per EDU. Future additions, change in use, or redevelopment
of these properties within the Trindle Road Basin occurring after February 14"', 2013 will be subject
to additional fees in accordance with Section 2 above at the fee rate established in Section 4 above.
6. " All tapping fees shall be payable to the Treasurer of this Authority or to such other
officer or representative of this Authority as shall be authorized, from time to time, by resolution of
the Authority, to accept payment thereof at the time of application for connection at such time as the
Owner and Authority agree, or upon the date when the Authority shall connect any property to the
Sewer System, at the cost and expense of the Owner, when such Owner shall have failed to make
such connection as required by the Authority Resolution then in effect requiring such connection, or
at such other time as the Owner and the Authority agree.
7. No capacity shall be guaranteed for an owner or owners until such time as the tapping
fee has been paid.
3
8. Payment of fees charged by this Authority pursuant to this Resolution shall be
enforced by this Authority in any manner appropriate under laws at the time in effect.
9. This Authority reserves the right, from time to time, to adopt modifications of,
supplements or amendments of this Resolution, and to revise and substitute, from time to time,
Figure 1, which shall be available for public inspection, to reflect appropriate amendments to the
cost components, design capacity, or other elements of the required calculations of the tapping fee.
10. The. provisions of this Resolution shall be severable and if any provision or provisions
shall be held to be unconstitutional, invalid or void, such provision or provisions shall not affect the
validity of any of the remaining provisions of this Resolution. It is hereby declared that this
Resolution would have been adopted if such unconstitutional, invalid or void provision or provisions
had not been included herein.
11 All resolutions or parts of resolutions insofar as they are inconsistent herewith are
hereby rescinded.
12. This Resolution was duly adopted by a motion of the Authority on the 13 day of
February, 2013, effective the 15 day of February, 2013.
Atte r HAMPDEN TOWNSHIP SEWER AUTHORITY
Secretary Chairma
4'
Prepared: 2/12/2013
SCHEDULE A.
HAMPDEN TOWNSHIP SEWER AUTHORITY
TRINDLE ROAD BASIN
CALCULATION OF TAPPING FEE - CAPACITY PART
1 Cost of Capacity Part Facilities (See Ex hibit J) Cost
Fac ilities
Trended Facilities Cost $2,410,018
2. Grants Received $0
(No grants were received for the Trindle Road Project)
3 Net Cost of Capacity Facilities $2,410,018
4. Outstanding Debt $0
(Outstanding debt not deducted for facilities constructed to exclusively serve new customers)
5 Capacity Facilities Design Capacity
(set to Basis of Design of 484 EDUs of capacity needed within Trindle Road System) 106,480 gpd
6 Capacity Facilities Present Value Unit Cost Ca lculation
Net Cost of Capacity Facilities = Cost per Unit of
Design Capacity (gpd) Design Capacity
$2,410,018 = $22.63 /gpd
106,480 gpd
Number of Units of Design x Cost per Unit of = Capacity Part of
Capacity (gpd. per residential connection) Design Capacity Tapping Fee
220 gpd/EDU x $22.63 /gpd = $4,979.38 /EDU
J Based on 90 gpd/person times the 2010 US Census value of 2.41 persons per household for Hampden Township
W. \W&W W ERD\56706 H—pden Twp S-1 A-6,4 1 Svn \RaJe t Woddr,&02 2013 Tappan{ Fee Update \'trtrdle Road Sewn Pro)-t Summary Fab 12 update.dse\Schedole A
Prepared: 2/12/2013
SCHEDULE B.
HAMPDEN TOWNSHIP SEWER AUTHORITY
TRINDLE ROAD BASIN
CALCULATION OF TAPPING FEE - COLLECTION PART .
1 Cost of Collection Part Facilities (See Exhi II) Cost
Facilities -
Trended Facilities Cost $1,946,562
2. Grants Received $0
(No grants were received for the Trindle Road Project) .
3 Net Cost of Collection Facilities $1,946,562
4.Outstandina Debt
(Outstanding debt not deducted for facilities constructed to exclusively serve new customers) $0
5 Collection Facilities Design Capacity
(set to Basis of Design of 484 EDUs of capacity needed within Trindle Road System) 106,480 gpd
6. Collection Facilities Present Value Unit Cost Calculation
Net Cost of Collection Facilities = Cost per Unit of
Design Capacity (gpd) Design Capacity
$1,946,562 = $18.28 /gpd
106,480 gpd
Number of Units of Design x Cost per Unit of = Collection Part of
d per residential connection Design Capacity Tapping Fee
Capacity (gp p ) i g P �'
220 gpd/EDO'� x $18.28 /gpd = $4,02I.82 /EDU
( ' ) Based on 90 gpd/person times 2010 US Census value of 2.41 persons per household for Hampden Township
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1 + ,
Prepared: 2/12/2013
SCHEDULE C.
HANYDEN TOWNSHIP SEWER AUTHORITY
TRINDLE ROAD BASIN
CALCULATION OF TAPPING FEE - CONNECTION PART
1 Cost of Connection Part Facilities (See Exhibit 11)
Facilities Cost
Trended Facilities Cost $627,595
2. Grants Received $0
(No grants were received for the Trindle Road Project)
3. Net Cost of Collection Facilities $627,595
4. Outstanding Debt
(Outstanding debt not deducted for facilities constructed to exclusively serve new customers}
$0
5 Collection Facilities Desien Capacity
(set equal to number of lateral connections installed for project) 101
6. Collection Facilities Present Value Unit Cost Calculation
Net Cost of Connection Facilities = Cost per
Number of Connections Connection
$627,595 = $6,213.82 /Connection
101 Connections
W: \W&W W ERD \S6706 Hampden Twp Sewer Auth-Genaml5vcs\Pmlect Working \002 2013 Tapping Fee Updata \Trindle Road Sewer Project Summary Feb 12 update.rdsx\Schedule C
Updated: 2/14/2013
SCHEDULED
HAMPDEN TOWNSHIP SEWER AUTHORITY
CALCULATION OF CUSTOMERS FACILITY FEE
A. Labor - Inspection and Administration
Inspection
1 hour @ 50.00 /hr = $50.00
Administration
1 hour @ 15.00 /hr plus benefits = $21.00
B. Transportation and Other Expenses = $5.00
TOTAL CUSTOMERS FACILITIES FEE _ $76.00 /Building
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Hampden Township
Board of Commissioners
AIhcn IL 13ienslock, President
John V Tllonws. Vicc 1'residenl
Donald R, iMcCallin.Asst. Secretary
Kenneth H. Petro%c
Na(han R Silcox
Township Manager
Kei(h 13. Melts
March 28, 2013
Deerfield Leasing LLC
5231 E Trindle Road
Mechanicsburg, PA 17050
Re: Trindle Road Sewer Extension
Sanitary Sewer Connection Notice
Dear Sir or Madam:
The Hampden Township Sewer Authority has completed a sewer extension to serve the
Trindle Road area of the Township. The project was completed in accordance with
requirements established by the Pennsylvania Department of Environmental Protection
(PADEP).- The total cost for the project, including construction engineering and
inspection fees exceeded $4,500,000.
The Pennsylvania Municipality Authorities Act establishes procedures by which the
Township may establish a Tapping Fee in order to recover all or a portion of the costs
associated with the sewer extension project. Under the guidelines of Act 57 of 2003, the
Authority could have established a Tapping Fee totaling $15,288 per Equivalent
Dwelling Unit (EDU). However, at its March 13, 2013 meeting, the Authority took
action to adopt Resolution 2013 -05 establishing a Tapping Fee in the amount of
$5,700.00 per EDU for existing developed properties provided that connection to the
sewer system is completed within the established timeline. Based on the current use and
water consumption records obtained for the above referenced property, a total Tapping
Fee in the amount of $5700, equating to I EDUs, will be due for your property. if you
fail to connect to the sewer system within the established timeline, a Tapping Fee in the
amount of $6925 will be due.
Section 102, Part 1 of Chapter 18 of the Township of Hampden Code of Ordinances
requires all properties to connect to the public sewer where the building is within 500 feet
of the sewer lateral. Connection is to be made within forty-five (45) days from the date
of this notice. Prior to connection a sewer connection permit must be applied for at the
Township's Community Development Department. The Tapping Fee noted above will
be due at the time of application along with a $75.00 inspection fee.
The Hampden Township Board of Commissioners established a payment plan for the
tapping fee which all property owners are eligible to participate in. A copy of the
payment plan application is enclosed with this notice.
1 _30 S. Spor(ing Rill Road Nlcch:micshurg. PA 17050 -3097
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EXHIBIT B
Once connection to the sewer system has been made, all existing on -lot septic systems
must be disconnected, pumped and collapsed or filled with stone. In lieu of collapsing
Your existing on -lot septic system, you may convert the system into a stormwater seepage
tank of a cistern. Should you chose to convert your system into either a seepage tank or a
cistern, you will be required to submit and receive approval for plans detailing the
conversion which must be completed in accordance with the PADEP Stormwater BMP
Manual.
Upon receipt of your sewer connection permit and an approved connection to the sewer
system, you will be placed into the sewer - billing system. Sewer bills are issued in
advance on January 1, April 1, July 1 and October 1, payable within 30 days of the billing
date. Your sewer rental fees will commence within forty -five days of receipt of this
notice regardless of hook -up per Section 203, Part 1 of Chapter 18 of the Township of
Hampden Code of Ordinances.
If you have any questions, please feel free to contact me at the Township office.
Sincerely,
Darrell L. McMillan
Director of Community Development
c Keith Metts, Township Manager
Steven Campbell, Director of Public Works
Enclosure
Hampden Township
t \ Board of Commissioners
tt Alhen 11 . Bienslock. Prrsi(lenl
( Lf' John V. Thomas, Vice Prrsidenl
1)"WIld R. Mc('nllin. Asst. Secretary
Kenneth 1 ?. Prh'o�c
Nathan P. silco.�
Township :19ana�er
Keith li.'sgrUs
May 14, 2013
Deerfield Leasing LLC
5231 E Trindle Road
Mechanicsburg, PA 17050
RE: FINAL NOTICE
Trindle Road Sanitary Sewer Connection
5231 E Trindle Road
Dear Sir and /or Madam:
On March 28, 2013, you were issued a sanitary sewer connection notice informing you of the
.requirement to connect your property to the public sewer system within 45 days from the date
of that connection notice. May 13, 2013 marked the 45th day from the issuance of that
connection notice.
Our records indicate the property listed above is not connected to the sanitary sewer system.
This second notice provides property owners an additional 30 days to complete the required
process. Accordingly, a sewer connection permit must be obtained, tapping fees paid for and
the property connected to public sewer system on or by June 12, 2013. Please note that this
additional time being given to property owners is given without waiver by Hampden
Township of any of its right under its ordinances and law that are otherwise available due to
the property failing to be connected within the initial 45 -day period. Property owners who fail
to make connection as well as the property where connections are to be made on or by June 12,
2013, will be subject to legal action as allowed by law.
As previously indicated in the March 28, 2013 connection notice, the Hampden Township Sewer
Authority completed the Trindle Road sewer extension in accordance with the requirements
established by the Pennsylvania Department of Environmental Protection (PADEP). The total
cost for this project, including construction engineering and inspection fees exceeded $4,500,000.
The Pennsylvania Municipality Authorities Act establishes procedures by which the Authority
may establish a Tapping Fee in order to recover all or a portion of the costs associated with the
sewer extension project. Under the guidelines of Act 57 of 2003, the Authority could have
established a Tapping Fee totaling $15,288 per Equivalent Dwelling Unit (EDU). However, at
its March 13, 2013 meeting, the Authority took action to adopt Resolution 2013 -05 establishing a
Tapping Fee in the amount of $5,700 per EDU for existing developed properties provided that
connection to the sewer system is completed within the established timeline. Based upon
230 S. Spor(ing Ilill {toad Mechanicshurg. PA 17050_3097
If -Mail hampdCn(el h 1Wehsilc PAX (717) 761 -7267 1 DD (71 7) 214 -1162
Administration (717) 761 -0119 Ambul:ntce (717) 701-5343 Police (717) 761 -2601) Recreation (7171 761 -4951 Utilkics (717) 909 -7145
EXHIBIT C
. . 4
current use and water consumption records obtained for the above reference property, a total
Tapping Fee in the amount of $5700, equating to 1 EDUs will be due for the above referenced
property. If the property is not connected to the sewer system by June 12, 2013, a Tapping Fee
in the amount of $ 6925 will be due.
Section 102, Part 1 of Chapter 18 of the Township of Hampden Code of Ordinances requires all
properties to connect to the public sewer where the building is within 500 feet of the sewer
lateral. Prior to connection, a connection permit must be applied for through the Township's
Community Development Department. The Tapping Fee noted above will be due at the time of
application along with a $75.00 inspection fee.
The Hampden Township Board of Commissioners established a payment plan for the tapping
fee which all property owners are eligible to participate in. A copy of the payment plan
application is enclosed with this notice.
Once connection to the sewer system has been made, all existing on -lot septic systems must be
disconnected, pumped and collapsed or filled with stone. In lieu of collapsing the existing
on -lot septic system, the system may be converted into a stormwater seepage tank or a cistern.
Should you choose to convert the system into either a seepage tanks or cistern, you will be
required to submit and receive approval for plans detailing the conversion which must be
completed in accordance with the PADEP Stormwater BMP Manual. Please feel free to contact
the Township to discuss this matter further.
Upon receipt of your sewer connection permit, and an approved connection to the sewer
system, property owners will receive a quarterly sewer bill. Sewer bills are issued, in advance,
on January 1, April 1, July 1 and October 1 and are payable within 30 days of the billing date.
By June 13, 2013, a sewer rental fee will be assessed to the property owner regardless of whether
or not the property is connected to the sewer system.
Connection applications and the appropriate payments can be made weekdays between 8 a.m.
and 4:30 p.m. at the Hampden Township Municipal Building.
Sincerely,
DARRELL L. MCMILLAN
Director of Community Development
cc: Keith B. Metts, Township Manager
Steven S. Campbell, Director of Public Works
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson -
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor _ � = i M B E�L A H t) U J I ,
PENNSYLVANIA
Hampden Township
vs. Case Number
Deerfield Leasing LLC. 2013-5613
SHERIFF'S RETURN OF SERVICE
09/30/2013 04:57 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Carin Trice-Owner/Partner of
Deerfield Leasing LLC., who accepted as"Adult Person in Charge"for Deerfield Leasing LLC. at 5099
Deerfield Road, Hampden Township, Mechanicsburg, PA 17050.
TSHAL�t-,—D E P U TY
SHERIFF COST: $39.76 SO ANSWERS,
October 01, 2013 RbNW R ANDERSON, SHERIFF
Cuui-tyStMo S nontt,T c-owt !rc-
H1.tEDf1-OF Ht E
THE S"ROTHONO t.A.RY
6I3 NOV 19 PM .Iy 1.0
CUMBERLAND COUNTY
PENNSYLVANIA
Keith O.Brenneman, Esquire
Attorney ID No. 47077
Snelbaker&Brenneman,P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717)697-8528
Solicitor for Plaintiff Hampden Township
TOWNSHIP OF HAMPDEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2013- 5613 CIVIL TERM
DEERFIELD LEASING, LLC, : CIVIL ACTION
Defendant
PRAECIPE
To the Prothonotary:
Please mark the above action discontinued and ended on your docket and
indexes.
SNELBAKER& BRENNEMAN, P. C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Plaintiff Township of Hampden
LAW OFFICES
SNELBAKER& Date: November 19, 2013
BRENNEMAN, P.C.
4-
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the
below date, caused a true and correct copy of the foregoing Praecipe to be served
upon the person(s) and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Deerfield Leasing, LLC
c\o Carin Trice
5099 Deerfield Avenue
Mechanicsburg, PA 17050
SNELBAKER& BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box318
Mechanicsburg, PA 17055
(717)697-8528
Attorneys for Hampden Township
Date: November 19, 2013
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.