IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION
PATRICIA J. KABEL
v. No. Cl-17-09663
MANHEIM TOWNSHIP
SCHOOL DISTRICT
OPINION
BY: ASHWORTH, J., MARCH 29, 2019
Before the Court for disposition is a motion for summary judgment brought by
Defendant Manheim Township School District (the District). Plaintiff Patricia J. Kabel has
filed a lawsuit seeking declaratory judgment and injunetive relief relative to her duties as
the elected tax collector for Manheim Township.’ For the reasons set forth below, this
‘motion for summary judgment will be denied.
1. Background
The District is a political subdivision and taxing district of the Commonwealth of
Pennsylvania. First Complaint at | 1. The District is comprised solely of Manheim
Township. Id. at 4. The District imposes a real estate tax pursuant to the Pennsylvania
Public School Code of 1949, 24 P.S. §§ 1-101, ef seq., and is a taxing district for purposes
of the Local Tax Collection Law, 72 P.S. §§ 511.1, of seq, (the Tax Law). Id. at 13.
‘Manheim Township is a political subdivision organized under the First Class Township
Code, 53 P.S. §§ 55101, et seq. Kabel was initially elected as the Manheim Township tax
collector in 2013 for a term beginning January 1, 2074, and ending on December 31, 2017. She
ran for re-election in 2017 for the four-year term beginning on January 1, 2018. Kabel was re-
elected as tax collector for Manheim Township on November 7, 2017.Kabel, as the elected tax collector for the only municipality within the District, is
solely responsible for the collection of District real estate taxes, unless Kabel chooses to i
appoint a deputy in accordance with 72 P.S. § 8511.22(a)(1), pursuant to the procedures |
and requirements of the Tax Law. First Complaint at] 4-6. Historically, the District has
collected its own taxes, through a variety of collection techniques, including the use of
District employees. Defendant's Answer with New Matter to First Complaint at {ff 47-48.?
Kabel has never deputized the District to collect taxes on her behalf nor has she otherwise
delegated her statutory authority to collect District real estate taxes to any other party.
First Complaint at J 16.
On November 6, 2017, Kabel, who was the incumbent tax collector and who was a
candidate for election to that office in the 2017 election, filed a complaint against the
District (the First Complaint), seeking declaratory judgment, and preliminary and
permanent injunctive relief, Kabel claims “[{Jhe District's attempt to deprive [her] of her
right, and prevent [her] from executing her duty, of collection of District taxes in Manheim
Township is invalid, void, and ultra vires,” and she seeks a declaration that she has the
sole duty and right to collect District real estate taxes in Manheim Township and that the
District must pay a reasonable rate of compensation to the tax collector commensurate
with the statutory obligations associated with the office. First Complaint at {if 17-18.
Kabel further seeks to enjoin the District from collecting taxes and from interfering with
Kabel's duty and right to collect taxes. Id. at ff 20-30.
[Manheim Township] School district records Indicate that the school district has been
collecting taxes internally with the cooperation of previously elected tax collectors . . . since at
least 1985." Manheim Township School District Website, District News, Law Suit Re: Tax
Collection in Manheim Township, by Marcie Brody, Feb. 15, 2019.
2On December 11, 2017, the District filed an answer and new matter to the First
Complaint. On January 4, 2018, Kabel filed a reply to the District's new matter, thereby
closing the first round of pleadings in this litigation.
On May 8, 2018, the District fled a motion for expedited case management order
and emergency hearing, to which Kabel stipulated. By Order dated May 9, 2018, | granted
the expedited discovery and briefing, and set a hearing date for May 30, 2018, to resolve
the claims raised by Kabel in the First Complaint.
On May 17, 2018, the District adopted a resolution titled, Resolution Establishing
Policies and Procedures for Elected Tax Collectors” (the Resolution). In chambers on
May 30, 2018, prior to the start of the scheduled hearing, Kabel informed the parties that
she intended to raise challenges to certain procedures in the Resolution. As a
consequence, an agreement was reached to postpone disposition of the claims raised by
Kabel in the First Complaint so that all of Kabe'’s challenges could be resolved at one
time. To effectuate that agreement, the parties stipulated to an order that was entered on
June 8, 2018. In relevant part, that order: (1) authorized Kabel to collect real estate taxes
on behalf ofthe District; (2) prohibited the Distrit from challenging, in ths itigation,
Kabe''s legal right to collect the District’s taxes; (3) obligated Kabel to comply with all the
terms of the Resolution pending further order of the Court; and (4) directed Kabel to obtain
a bond by June 11, 2018, to protect the Districts tax funds against loss and
misappropriation.? See June 8, 2018 Order at fl 1, 2(a), 2(f), 5.
°On February 14, 2018, Kabel received a bond from Travelers Casualty and Surety
Company of America in the amount of the municipal and county taxes she collects, or
$15,419,850.00, See Plaintiff's Brief in Opposition, Appendix “A,” Exhibit "6” (bond).
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