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MUNICIPAL AUTHORITY CITY MONONGAHELA AND CITY MONONGAHELA v. CARROLL TOWNSHIP AUTHORITY AND TOWNSHIP CARROLL. CARROLL TOWNSHIP AUTHORITY (02/27/89)

decided: February 27, 1989.

MUNICIPAL AUTHORITY OF THE CITY OF MONONGAHELA AND THE CITY OF MONONGAHELA
v.
CARROLL TOWNSHIP AUTHORITY AND THE TOWNSHIP OF CARROLL. CARROLL TOWNSHIP AUTHORITY, APPELLANT. CARROLL TOWNSHIP AUTHORITY AND THE TOWNSHIP OF CARROLL, AND INVOLUNTARY PLAINTIFF V. MUNICIPAL AUTHORITY OF THE CITY OF MONONGAHELA. CARROLL TOWNSHIP AUTHORITY, APPELLANT. MUNICIPAL AUTHORITY OF THE CITY OF MONONGAHELA AND THE CITY OF MONONGAHELA V. CARROLL TOWNSHIP AUTHORITY AND THE TOWNSHIP OF CARROLL. THE TOWNSHIP OF CARROLL, APPELLANT



Appeals from the Orders of the Court of Common Pleas of Washington County, in the case of Municipal Authority of The City of Monongahela and The City of Monongahela v. Carroll Township Authority and The Township of Carroll, No. 217 January Term, 1982, and in the case of Carroll Township Authority and The Township of Carroll, an involuntary plaintiff v. Municipal Authority of The City of Monongahela, No. 442 August Term, 1983.

COUNSEL

George M. Lynch, with him, Paul N. Barna, Jr., for appellant/appellee, Carroll Township Authority.

Virginia Desiderio, with her, Herman J. Bigi, for appellant/appellee, Township of Carroll.

Mark A. Willard, with him, Richard F. Rinaldo, and Eileen R. Sisca, Eckert, Seamans, Cherin & Mellott, and Jack H. France, for appellees/appellants, Municipal Authority of the City of Monongahela and the City of Monongahela.

Judges Colins and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley.

Author: Mcginley

[ 123 Pa. Commw. Page 617]

This is an appeal by the Carroll Township Authority (Carroll Authority) and the Township of Carroll (Township) from the Order of the Court of Common Pleas of Washington County*fn1 (trial court), dated December 3, 1987, affirming its June 11, 1987 orders and dismissing Carroll Authority's various motions for post-trial relief. The Municipal Authority of the City of Monongahela (Mon Authority) and the City of Monongahela (City) have filed a Motion to Quash the Appeal of the Township at No. 326 C.D. 1988, as untimely.*fn2

This case consists of two consolidated civil actions arising out of a written agreement (Agreement) dated May 1, 1971.*fn3 Under this Agreement Mon Authority agreed to receive, transport, and treat sewage coming

[ 123 Pa. Commw. Page 618]

    from portions of the Township.*fn4 Carroll Authority and the Township agreed to pay Mon Authority for the services according to rates and charges set forth in the Agreement. In January 1982, Mon Authority and the City filed an action in assumpsit against Carroll Authority and the Township to collect certain amounts alleged to be due under the Agreement.*fn5 Jack H. France, Esq. (France) entered his appearance for Mon Authority. On February 24, 1982, Herman J. Bigi, Esq. (Bigi) entered his appearance for the Township by filing a Praecipe for Appearance. On February 12, 1982, Paul N. Barna, Jr., Esq. (Barna) entered his appearance for Carroll Authority.

In August 1983, Carroll Authority and the Township instituted an action against Mon Authority to set aside the Agreement pursuant to Section 4 B(h) of the Municipality Authorities Act of 1945 (Act), P.L. 382, as amended, 53 P.S. ยง 306 B(h) contending that a portion of Mon Authority's rate for sewage treatment was unreasonable and not

[ 123 Pa. Commw. Page 619]

    uniform.*fn6 Mon Authority counterclaimed in the second action and the trial court consolidated the two actions for trial.*fn7

On June 11, 1987, the trial court concluded that "[b]y failing to make payments in accordance with the 1971 agreement, Carroll Authority and Carroll Township are in breach of the agreement. They are jointly and severally liable to Mon Authority for the full amounts due and owing under the agreement." (Opinion and Orders of the trial court, Conclusion of Law No. 7, at 26.) Two orders were issued by the trial court. In the first action, Mon Authority and the City against Carroll Authority and the Township, the trial court found Carroll Authority and the Township jointly and severally liable

     in the amount of $727,164.74, which constitutes past due sewage treatment charges from September 1981 through March 1987, together with 6% simple interest per annum, less any payments which might have been made by the defendants and not computed as of March 31, 1987.

The rates and charges shall continue to be obligated and paid for by the defendants in accordance with the 1971 agreement, plus interest on all past due amounts from April 1, 1987, to the ...


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