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HomeMy WebLinkAbout1265 AllenIn Re: Brian Allen File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Frank M. Brown Donald M. McCurdy Michael Healey 01- 038 -C2 Order No. 1265 12/4/02 12/16/02 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investi9ation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investi9ation the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Allen 01- 038 -C2 Page 2 I. ALLEGATION: That Brian Allen, a public official /public employee, in his capacity as a Commissioner for Susquehanna Township, Dauphin County, violated Sections 1103(a) and 1105(b)(4), (8) and (9) provisions of the State Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a) and 1105(b)(4), (8) and (9) when he used the authority of his office for a private pecuniary benefit of himself and /or a member of his immediate family by participating in discussions and actions of the board of commissioners resulting in his mothers appointment to fill a vacancy for the elected office of township treasurer; and when he failed to disclose on Statements of Financial Interests filed for calendar year 2000 all creditors in excess of $6,500.00, his financial interest in Allen's Catering, a legal entity engaged in business for profit, and his employment for Allen's Catering. II. FINDINGS: 1. Brian Allen has served as a member of the Susquehanna Township Board of Commissioners since January of 1998. 2. Susquehanna Township has an elected position of township treasurer. a. The township's treasurer performs the same general functions as a municipal tax collector, in addition to drafting and signing township checks. 3. Suzanne Goetz served as the Susquehanna Township Treasurer until her resignation effective January 1, 2001. a. Goetz submitted a resignation letter to the township dated November 20, 2000, citing personal reasons. 4. On November 29, 2000, Nancy L. Blair submitted a letter of application and resume for the soon to be vacated position of Township Treasurer. a. Blair's letter was submitted to township secretary /manager Gary Myers. b. Blair's application and resume was submitted to the township two (2) weeks prior to the position being advertised. 5. Nancy L. Blair is Brian Allen's mother. 6. Nancy Blair previously served as the Deputy Treasurer for Susquehanna Township from 1984 until 1992. a. Blair also had government experience while serving as a field representative for State Senator Jeffrey S. Piccola. 7. During the Township Commissioners' December 14, 2000, meeting official action was taken accepting the resignation of the treasurer effective December 31, 2000. a. Commissioner Allen was present for this meeting. b. President Lawson referred to correspondence received from Suzanne Goetz, Treasurer, that she will resign from the office of Treasurer, effective December 31, 2000. c. Commissioner Condes moved to accept the letter of resignation; seconded by Commissioner Maitland and unanimously approved. Allen 01- 038 -C2 Page 3 1. Allen voted to accept the resignation. d. President Lawson requested the Manager to advertise the vacancy with resumes to be due 12/21 /00 and interviews to be scheduled for 7:30 p.m. on Wednesday, December 27, 2000. 8. Township Manager Gary Myers arranged for a legal ad for the position of township treasurer to be run in the Harrisburg Patriot News on Friday, December 15, 2000. 9. By December 21, 2000, Susquehanna Township received eight (8) applications for the position of Township Treasurer. a. Applications were received from: Nancy L. Blair Maurie P. Herman Lisa Chenelle Dee J. Harry Sheree L. Shellhamer Lori A. Ribbans Roberta F. Walsh Marita Kelley 10. On December 18, 2000, Manager Myers sent Blair a letter requesting her attendance at the Commissioner's December 27, 2000, meeting for a public interview. a. Myers invited all eight applicants to be interviewed before the board. 11. Interviews with the applicants were held during the Commissioner's December 27, 2000, meeting. a. Interviews were held in a public forum before the board of commissioners. b. Candidates were interviewed by Manager Gary Myers. c. Each candidate was asked the same series of questions by Myers. d. Commissioner Allen was present for the interviews in his official capacity as a Township Commissioner. e. No Commissioners, including Allen, participated in the interview process. 12. Following the interviews during the December 27, 2000, meeting, two candidates, Nancy Blair and Lori Ribbans, were nominated for the position of treasurer. a. Commissioner JOHNSON nominated Lori Ribbans; seconded by Commissioner MAITLAND. b. Commissioner SPITZ nominated Nancy Blair, seconded by Commissioner CONDES. c. The vote of the Board of Commissioners was recorded as follows: Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner SPITZ MAITLAND CONDES PATTON ALLEN KLEIN WILSON JOHNSON Blair Ribbans Blair Blair Blair Ribbans Blair Ribbans Allen 01- 038 -C2 Page 4 Commissioner LAWSON Blair Commissioner KLEIN moved the name of Nancy Blair be placed for a unanimous vote; Seconded by Commissioner WILSON and unanimously approved. Nancy Blair was sworn in by Judge Shugars. The appointment to be effective January 1, 2001. 13. Minutes from the Commissioners' February 8, 2001, meeting include board action approving the minutes from the December 27, 2000, meeting without any changes. a. Commissioner Allen was present and motioned that the December 27, 2000, minutes be approved as published. 14. During the board's January 11, 2001, meeting, township resident Trish Pacifico questioned the board regarding what she felt was a conflict of interest involving the appointment of the treasurer when a board member (Allen) voted for a relative. 15. Allen responded to Pacifico's questions during the "commissioner's comments" portion of the January 11, 2001, meeting. Allen is recorded as stating: a. Commissioner Allen also commented on the criticism of appointments and he has appointed his wife, Susan, for the Recreation Advisory Committee, however she does a good job and has a background in recreation. He also voted for his mother for treasurer and he is proud of his appointments. b. Allen's wife receives no compensation for her service on the Recreation Advisory Committee. 16. Minutes from the January 11, 2001, meeting were approved without any changes at the February 8, 2001, meeting. a. Brian Allen was present and participated in this approval. 17. Township checks issued to Nancy L. Blair for services rendered as treasurer are paid from the township's payroll account. a. Blair receives bi- weekly net payments in the amount of $346.76 as Treasurer. b. The front side of township payroll checks include the signatures of Stanley R. Lawson, board president, and Nancy L. Blair, treasurer. c. Commissioner Allen does not sign payroll checks. 18. Payments issued to Blair were approved as part of monthly bill lists. a. Bill lists are voted on in their entirety by a single motion. b. Payroll is not included as a separate line item on monthly bill lists. c. Payroll is considered included as part of the monthly bills even though it is not specifically listed. 19. Minutes reflect Allen participated in approving eighteen (18) bill lists which included payments to his mother, Treasurer Blair totaling $9,384.85. a. All bill lists were unanimously approved. Allen 01- 038 -C2 Page 5 20. As a township commissioner, Allen annually filed a Statement of Financial Interests for the 1996 through 2000 calendar years. a. Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship or Employment in any Business: Financial Interest in any Business: b. Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship or Employment in any Business: Financial Interest in any Business: c. Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: All other financial interests: d. Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship or Employment in any Business: Financial Interest in any Business: e. Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship or Employment in any Business: Financial Interest in any Business: 1996 March 8, 1997 Township Commissioner None None ACU -Sport Corp. None None 1997 April 28, 1998 Township Commissioner None None ACU -Sport Corp. None None 1998 December 5, 2001 Township Commissioner None None Susquehanna Township; Allen's Market; Accusport Corp. None 1999 February 7, 2000 Township Commissioner None None Susquehanna Township; Allen's Market None None 2000 March 1, 2001 Township Commissioner None None Allen's Market; Allen's Catering; Susquehanna Twp None None 21. On or about January 3, 1991, Brian Allen and Steven C. Allen gave a mortgage to Dauphin National Bank which was recorded in Dauphin County Record Book 1519, Page 219. Allen 01- 038 -C2 Page 6 22. Stephen C. Allen, Brian S. Allen and Allen & Allen had a judgment entered against them in the amount of $151,244.48 by Dauphin National Bank on May 1, 1995. a. This judgment was entered in the Court of Common Pleas, Dauphin County, PA, Civil Action No. 1081 N 1995. b. The recorded judgment was as follows: Principal: $ 139,443.38 Interest: $ 4,413.72 Late Fees: $ 132.40 Costs: $ 55.50 Attorney Fees: $ 7 199.48 Total $ 151,244.48 c. This judgment was for real estate property located at 339 South 30 Street, Penbrook, Dauphin County, subject to a mortgage obligation to Dauphin National Bank. d. On or about May 2, 1995, the Dauphin National Bank foreclosed on such mortgage and entered judgment against both Brian Allen and Steven Allen in the amount of $151,244.48 at No. 1081 N. 1995. e. On or about July 29, 1995, Brian Allen filed a Petition in Bankruptcy in the United States District Court for the Middle District of Pennsylvania at case numbers 1 -95 -01468 and 1 -95- 01259. This resulted in an automatic stay being put in place insofar as the collection of debts were concerned and the only way debts could be collected was by seeking relief from the automatic stay in Federal Bankruptcy Court. f. On May 22, 1996, the Dauphin National Bank (now called the Vartan National Bank) was the high bidder on a sale conducted by the Trustee in Bankruptcy for the property which was the subject of the mortgage obligation — 399 South 30 Street, Penbrook, Dauphin County, Pennsylvania. The Dauphin National Bank never filed a petition pursuant to the requirements of the Deficiency Judgment Act, 42 Pa.C.S.A. §8103(a) and under Pennsylvania law no debt exists where there is a failure by the foreclosing bank to file a timely petition under the Deficiency Judgment Act against the owner of property. See, Fidelity Federal Savings and Loan v. Capponi, 684 A.2d 580 (1996). g. 23. Allen's debt to Dauphin National Bank a /k/a Vartan National Bank was satisfied as a result of this sale. a. Allen issued Vartan National Bank a check in the amount of $15.50 with a request to satisfy the mortgage on or about April 14, 1999. b. Vartan National Bank never filed a satisfaction piece on this property with Dauphin County. 24. Allen should have included Dauphin National Bank and /or Vartan National Bank as a creditor in excess of $6,500 on his Statement of Financial Interests for calendar year 1996, filed in 1997. a. Such debt existed until sometime in the Fall of 1996. Allen 01- 038 -C2 Page 7 b. Allen's property was sold on May 22, 1996. c. The balance owned as of May 22, 1996, was at least $151,244.48. 25. Allen opened a catering business known as Allen's Gartering [sic] during 2000. a. Allen is the sole owner of this business. b. Allen has both an employment and financial interest in Allen's Catering. 26. Allen failed to disclose his ownership and financial interests in Allen's Catering on his Statement of Financial Interests form filed for calendar year 2000. 27. Allen did disclose Allen's Catering as a source of income on his 2000 calendar year Statement of Financial Interests. III. DISCUSSION: At all times relevant to this matter, the Respondent, Brian Allen, hereinafter Allen, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Allen, as a Susquehanna Township Commissioner, violated Sections 3(a)/1103(a) and 5(b)(4), (8) and (9)11105(b)(4), (8) and (9) of the Ethics Act when he participated in board actions as to his mother's appointment as township treasurer; and failed to disclose on Statements of Financial Interests (SFI's) creditors in excess of $6,500.00, and his financial interest and employment in Allen's Catering. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public f of ce or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. § 402/65 Pa.C.S. § 1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee Allen 01- 038 -C2 Page 8 himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 5(b)(4), (8) and (9)/1105(b)(4), (8) and (9) of the Ethics Act requires that: Section 5/1105. Statement of financial interests * ** (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: (4) The name and address of each creditor to whom is owed in excess of $6,500 and the interest rate thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal or secondary residence of the person filing shall not be included. (8) Any office, directorship or employment of any nature whatsoever in any business entity. (9) Any financial interest in any legal entity engaged in business for profit. 65 P.S. §405(b)(4), (8) and (9)/65 Pa. C.S. §1105(b)(4), (8) and (9) As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Allen has served as a Susquehanna Township Commissioner since January of 1998. When the Township Treasurer announced her resignation in a letter of November 20, 2000, Allen's mother, Nancy Blair (Blair), submitted a letter of application and resume nine days later. Blair had previously served as the Deputy Treasurer for Susquehanna Township from 1984 until 1992. When the township board formerly accepted the treasurer's resignation at a December 14, 2000, board meeting, the Township Manager arranged for a legal advertisement on December 15, 2000, announcing the vacancy in the township treasurer position. By December 21, 2000, the township received eight applications, including the application of Blair who had filed prior to the advertisement. The Township Manager sent letters to Blair and the other candidates requesting their attendance at a December 27, 2000, meeting for public interviews before the board. All candidates appeared and the manager interviewed each candidate, asking the same series of questions. Allen and the other commissioners were present but were not involved in the interview process. After the completion of the interviews, two of the candidates, Blair and Lori Ribbans, were nominated for the treasurer position. The vote of the board for the two candidates was six votes for Blair and three for Ribbans. Allen voted in favor of Blair. A motion was then made for a unanimous vote for Blair which motion unanimously passed. At a subsequent board meeting in January 2001, a township resident raised the issue of conflict regarding the appointment of Blair as Township Treasurer given that Allen is a board member. Allen made a response that he had voted for his spouse to the Recreation Advisory Committee for which she receives no compensation, voted for his mother as Allen 01- 038 -C2 Page 9 Township Treasurer, and expressed pride in his appointments. Blair began serving as Treasurer, receiving a net pay bi- weekly of $346.76. The township payroll is part of a monthly bills list which is voted on in its entirety by a single motion. The township meeting minutes reflect that Allen articipated in approving 18 bills lists which included payments to Blair totaling $9,384.85. Separate and apart from the above, Allen as a Township Commissioner is required to annually file SFI's. Allen filed SFI's for the calendar years 1996 through 2000 listing certain financial interests as delineated in Fact Finding 20. In January of 1991, Brian and Steven Allen gave a mortgage to Dauphin National Bank which entered judgment against them in the amount of $151,244.48 on May 1, 1995. After the Dauphin National Bank foreclosed on the mortgage, Allen, in July of 1995, filed a Petition in Bankruptcy with the U.S. District Court for the Middle District. In May of 1996, the Dauphin National Bank submitted the high bid on the sale of the property conducted by the Bankruptcy Trustee. However, Dauphin National Bank failed to file a petition pursuant to the Deficiency Judgment Act; as a legal consequence, the debt extinguished due to the failure of the foreclosing bank to file such a petition. Consequently, Allen's debt to the Dauphin National Bank was satisfied as a result of the sale. However, Allen failed to list Dauphin National Bank as a creditor for his 1996 calendar year SFI when the debt still existed. Allen opened Allen's Catering, a catering business in 2000. Allen, the sole owner of the business, has a financial interest as well as employment in that business. Even though Allen disclosed his business as a source of income for the 2000 calendar year, he failed to disclose his ownership and financial interests in Allen's Catering on his SFI. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations: a. An unintentional technical violation of Section 3(a)/1103(a) Ethics Act as to Allen's actions in relation to the appointment of his mother as township treasurer, given the advice received from the township solicitor; b. A violation of Section 5(b)(4)/1105(b)(4) of the Ethics Act when Allen failed to disclose on his SFI filed for calendar year 1996 (filed 03/08/97) all creditors in excess of $6,500.00; c. No violation of Section 5(b)(4), (8) and (9)/1105(b)(4), (8) and (9) of the Ethics Act when Allen failed to disclose on his SFI for calendar year 2000 (filed 03/01/01) his financial interest in Allen's Catering, a legal entity engaged in business for profit, and his employment in Allen's Catering as such was reported as a source of income on such statement; and d. A payment by Allen in the amount of $250.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the issuance of the final adjudication in this matter. As to the allegation concerning Allen's action relative to the appointment of his mother to the position of Township Treasurer, there were uses of authority of office on the part of Allen. But for the fact that Allen is a Township Commissioner, he would not have been in a position to vote for Blair as one of the two final candidates for that position. In addition, Allen participated in the action to have a unanimous vote for the hiring of Blair. Further, Allen participated in approving many bills lists, which included payments to Blair. All such actions were uses of authority of office. See, Juliante, Order 809. The uses of authority of office on the part of Allen resulted in a private pecuniary benefit consisting of the salary that Blair received. The private pecuniary benefits inured to Blair who, as Allen's mother, is a member Allen 01- 038 -C2 Page 10 of his immediate family as that term is defined under the Ethics Act. Accordingly, Allen unintentional) /technically violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office as to the appointment of his mother to a compensated position as Township Treasurer. See, Bartholomew, Order 1196. As to the two SFI allegations, the stipulated findings reflect that Allen had Dauphin National BankNartan National Bank as a creditor in excess of $6,500 for the calendar year 1996 but failed to list that entity on his SFI. Accordingly, Allen violated Section violated 5(b)(4)/1105(b)(4) of the Ethics Act when he failed to disclose Dauphin National BankNartan National Bank as a creditor for the 1996 calendar year SFI. Finally, as to the SFI allegation concerning the failure to list Allen's Catering for the 2000 calendar year SFI, the record reflects that Allen listed the entity as a source of income but failed to list Allen's Catering as a legal entity engaged in business for profit and his employment therein. As noted above, the Consent Agreement proposes no violation based upon the fact that Allen's Catering was listed as a source of income on the 2000 calendar year SFI. Under the Ethics Act, where a filer has a financial interest that needs to be disclosed in more than one category, the disclosure of that financial interest in one category does not excuse the failure to disclose that interest in the other applicable categories. See, 51 Pa. Code §17.10(a). Although the disclosure by Allen as to his interest in that legal entity and employment is legally required, it appears that the Investigative Division, through the exercise of prosecutorial discretion, has opted not to pursue that aspect of the case. Accordingly, Allen did not violate Section 5/(b)(8) and (9)/1105(b)(8) and (9) when he failed to list his interest in Allen's Catering as a legal entity and his employment, based upon a non pros by the Investigative Division. Allen is directed to file amended SFI's listing Dauphin National BankNartan National Bank as a creditor for the calendar year 1996 and listing Allen's Catering as a legal entity engaged in business for profit as well as his employment therein for calendar year 2000. The original amended SFI's are to be filed within 30 -days of the mailing of this Order with Susquehanna Township with copies filed with this Commission for compliance verification. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totalit y of the facts and circumstances. Accordingly, Allen is directed to file amended as noted above and make payment of $250 to the Commonwealth of Pennsylvania through this Commission within 30 -days of the mailing of this Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Allen, as a Commissioner for Susquehanna Township, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Allen unintentionally /technically violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office as to the appointment of his mother to a compensated position as Township Treasurer. 3. Allen violated Section violated 5(4)/1105(b)(4) of the Ethics Act when he failed to disclose Dauphin National BankNartan National Bank as a creditor for the 1996 calendar year Statement of Financial Interests. 4. Allen did not violate Section 5(b)(8) and (9)/1105(b)(8) and (9) of the Ethics Act for the 2000 calendar year Statement of inancial Interests when he failed to list his interest in Allen's Catering as a legal entity and his employment, based upon a non pros by the Investigative Division. Allen 01- 038 -C2 Page 11 In Re: Brian Allen ORDER NO. 1265 File Docket: 01- 038 -C2 Date Decided: 12/4/02 Date Mailed: 12/16/02 1. Allen, as a Commissioner for Susquehanna Township, unintentionally /technically violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office as to the appointment of his mother to a compensated position as Township Treasurer. 2. Allen violated Section violated 5(4)/1105(b)(4) of the Ethics Act when he failed to disclose Dauphin National BankNartan National Bank as a creditor for the 1996 calendar year Statement of Financial Interests. 3. Allen did not violate Section 5(b)(8) and (9)/1105(b)(8) and (9) of the Ethics Act for the 2000 calendar year Statement of inancial Interests when he failed to list his interest in Allen's Catering as a legal entity and his employment, based upon a non pros by the Investigative Division. 4. Allen is directed to file amended Statements of Financial Interests listing Dauphin National BankNartan National Bank as a creditor for the calendar year 1996 and listing Allen's Catering as a legal entity engaged in business for profit as well as his employment for calendar year 2000. The amended Statements of Financial Interests are to be filed within 30 -days of the mailing of this Order with Susquehanna Township with copies filed with this Commission for compliance verification. 5. Per the Consent Agreement of the parties, Allen is directed to make payment of $250 to the Commonwealth of Pennsylvania through this Commission within 30 -days of the mailing of this Order. 6. Compliance with paragraphs 4 and 5 will result in the closing of this case with no further action by this Commission. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair