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HomeMy WebLinkAbout2001-4361 / 2004-184 MLMONROE TOWNSHIP, Claimant VS. TIMOTHY R. AUGSBURGER and JANEL C. AUGSBURGER, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4361 MUNICIPAL LIEN MONROE TOWNSHIP, Claimant VS. TIMOTHY R. AUGSBURGER and JANEL C. AUGSBURGER, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0184 MUNICIPAL LIEN IN RE: OBJECTION TO MUNICIPAL LIEN FOR SERVICES AND SEWER RATES BEFORE HESS. J. OPINION AND ORDER In this case, the Monroe Township Municipal Authority has filed a municipal lien for services and sewer rates. The lien was filed at docket number 04-0184. On January 21, 2004, the captioned owners, Timothy and Janel Augsburger, filed an objection to the municipal lien. The objection has been erroneously filed to docket number 01-4361. This latter docket number applied to the municipal lien for sewer connection. Notwithstanding this erroneous filing, we will deal with the objections on their merits. Today's order will be docketed to both files. The Augsbergers object to the imposition of the lien because, inter alia, they have not connected to the sewer system and are not receiving services. In earlier proceedings involving the Augsbergers and Monroe Township, we laid to rest the question of whether the Augsbergers were required to be connected to the sewer system. That earlier decision was appealed to the 01-4361 MLD 04-0184 MLD Commonwealth Court which upheld our ruling. A subsequent petition for allowance of appeal was denied by the Supreme Court. Our earlier order in this matter is clearly final. The power of municipal authorities to operate sewer systems is expressly authorized by statute. See 53 Pa.C.S.A. 5607(a)(5). A municipal authority may compel individuals who reside within a certain distance of a sewer system to connect to that system. 53 P.S. 67502. In addition, individuals who are required but fail to connect to the sewer system are not excused from paying sewer service fees. The Commonwealth Court has determined that if a property owner is required to tap into a municipal sewer system, the fee for doing so becomes due notwithstanding the failure of the property owner to connect to the sewer system. In Marnickas v. Tremont Mun. Authority, 445 A.2d 1383 (Pa. Cmwlth. 1982), the court held that a property owner was required to pay sewer charges even though he failed to tap into the sewer system. Id. at 1385. In Pelton v. Pine Creek Mun. Authority, 481 A.2d 385 (Pa. Cmwlth. 1984), the Commonwealth Court expressly ruled that municipal authorities are authorized to assess fees against properties that should be but are not connected to the authority's sewer systems. Accordingly, the fact that the Augsbergers have chosen not to connect to sewer service is not a basis to object to charges for sewer service. The Augsbergers also object to the imposition of a municipal lien because their obligation to connect to the system is in litigation and a'~nal verdict of the Pennsylvania Courts has not yet been determined? This assertion is clearly incorrect. As noted earlier, the merit and validity of the municipal lien for sewer connection was upheld by this court and in a ruling affirmed by the Commonwealth Court of Pennsylvania. The Supreme Court of Pennsylvania denied the owners' petition for allowance of appeal by order dated November 14, 2003, some two months prior to the imposition of the lien sub judice. If the Augsbergers are attempting to argue 2 01-4361 MLD 04-0184 MLD that no fee could be charged for sewer service during the time period when the connection matter was on appeal, they have failed to furnish us with any authority for that proposition. ORDER AND NOW, this day of March, 2004, the objections of the owners to the municipal lien for services and sewer rates erroneously filed to 01-4361, which objection should have been filed to 04-0184, are DISMISSED. BY THE COURT, James D. Bogar, Esquire For Monroe Township Don Bailey, Esquire For the Owners Timothy and Janel Augsberger 1288 Boiling Springs Road Boiling Springs, PA 17007 :rlm Kevin A. Hess, J. 3 MONROE TOWNSHIP, Claimam VS. TIMOTHY R. AUGSBURGER and JANEL C. AUGSBURGER, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4361 MUNICIPAL LIEN MONROE TOWNSHIP, Claimam VS. TIMOTHY R. AUGSBURGER and JANEL C. AUGSBURGER, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0184 MUNICIPAL LIEN IN RE: OBJECTION TO MUNICIPAL LIEN FOR SERVICES AND SEWER RATES BEFORE HESS. J. ORDER AND NOW, this 1 lth day of March, 2004, the objections of the owners to the municipal lien for services and sewer rates erroneously filed to 01-4361, which objection should have been filed to 04-0184, are DISMISSED. BY THE COURT, Kevin A. Hess, J. James D. Bogar, Esquire For Monroe Township Don Bailey, Esquire For the Owners Timothy and Janel Augsberger 1288 Boiling Springs Road Boiling Springs, PA 17007 :rlm