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RAWA, READING AREA WATER AUTHORITY BERKS COUNTY COURT OF COMMON PLEAS PATTERN OF HARRASSMENT FOR EXERCISING CIVIL RIGHTS READING Pennsylvania
Berks County Court of Common Pleas
Case no.14-1421
Defendant: Reading Water Authority (Rawa)
My case against the Law breaking, civil right violating municipality.
These people acting in a pattern of Harrasment, Retaliating against me for exercising a right to civil action against the defendants in my 1983 Federal Suit upon information and belief were conspiring to contaminate my water supply under the direction of the FBI, this fact is unprovable because their plot was foiled when I previously wrote an article about what they were trying to do, so instead they went to plan B extorting me for money to drain me financially so I wouldn’t be able to prevail in my federal 1983 claim.
First, I noticed an increase in my water bill and via telephone inquired about it, they suggested for me to change the meter. When I declined they insisted on it and then said to me I have no choice and gave me a 5 day turn off notice for non compliance. Pursuant to PaC.S.A.§56.331they are required to give 10 day notice for any shut-off. After turning my water off they charged me 112 dollars for the turn off and another 112 dollars again falsely claiming they found my water running three days later and had to turn it back off, then they increased it to 345 dollars with penalties. Next they send the property maintenance inspector to my home and placed a condemned sticker on my house ordering to vacate my home and demanded 150 dollars to remove the sticker, and summonsed me to the magistrate court trying to force me to pay close to 600 dollars for having no running water. After I gave them access to change their meter and the water was turned back on for several months they continued to harass me for the turn off fees and send me a 10 day notice for shut off for non payment violating PaC.S.A.§ 56.83 which provides Unauthorized termination of service: Nonpayment, in whole or in part, of non basic charges for leased or purchased merchandise,appliances or special services including, but not limited to, merchandise and appliance installation fees, rental and repair costs; meter testing fees; special construction charges; and
other nonrecurring or recurring charges that are not essential to delivery or metering of service.
Three days after receiving their ten day notice I Paid them 268 dollars as instructed by them to avoid turn off again and by the end of the week these violators turned off my water anyway, thus charging me more turn off fees and assessing more penalties subsequently leaving me without water for 8 months and they refused to calibrate the meter they removed violating PaC.A.S. § 65.8. (d)(2) which provides, A water meter which is removed from service shall be tested within 30 days for accuracy to complete that meter’s test history.
On November 7 th 2014 appearing before the Berks County court of Common Pleas for injunction relief, a evidentiary hearing was held except this corrupt court doesen't take in any evidence, wouldn’t even look at the 5 day notice. The judge goes on record acting as if she is unaware of the federal lawsuit filed , meanwhile one of the defendants is a judge presiding in that court house. 23 Defendants on that case and she pretends not to know anything about the case. So instead of holding an evidentiary hearing as she ordered she turns this appearance into an oral argument but goes around the clear violations of law and scolds me for saying the word harassment in her court, she says don’t repeat that word again in her court. SO back to the violating municipality these people trumped up charges up to 1,200 dollars and all the 8 months I was without water they continued charging me a water service charge of 45 dollars every month, when I brought it up to the judge their attorney replied, "it’s a stand by fee." So what does this judge do? Orders me to pay a 500 dollar bond to restore services and gives me a 3 day deadline even after I tell her I didn’t think I could make that amount within a weeks time. Prior to that the court twice charged me a fee for electronic filing and they tell me I have to pay this fee every time I file a document with the court but im not allowed to file electronically because only attorneys are allowed. Does this even sound logical? I have to pay for Electronic filing but I cant file electronically.
4 Updates & Rebuttals
anonymous
Pennsylvania,USA
Been there done that.
#5Consumer Comment
Sun, November 22, 2015
I too have been abused by RAWA. In fact, I know many that have. However, the way they operate provides little recourse to the consumer since they are not regulated by the PUC. The avoidance of the PUC regulation is the sole reason the city created RAWA. This and the fact that instead of raising taxes the city raises the water rates for everyone and in return RAWA gives the city millions toward their budget every year. I had a vacant property with 0 water usage but was paying upwards of $50 a month just in fees. The state of PA created a law to prevent cities like Reading from doing this and the city has once again avoided the new mandate by giving RAWA a lease agreement as if they are a private company. Currently, RAWA has a 5 year lease with the city and gives the city 8 million every year as a lease payment.
Unfortunately RAWA can do whatever they want and the city backs them. The Mayor of Reading can appoint his own people to the RAWA board and therefore the board agrees with whatever is in the best interest of the Mayor, City Council, etc. RAWA even has their own appeal process for complaints where a citizen has to go in front of a RAWA head and plead his/her case. This is truly a kangaroo court as it's not an impartial process to go in front of RAWA yet somehow they avoid due process laws of the state. I have a friend that sold a house in Reading and before closing he had to allow RAWA in to take a final meter read and at the same time they replaced his old meter with a new one. The RAWA guy changed the meter out and said nothing and left. A few days later at the closing table my friend was hit with a $560 meter tampering charge. He had to pay this in order to close on the property or risk not selling the house. He appealed this charge to RAWA afterwards, spoke to the head of RAWA at his appeal and they could not prove when or how the meter was tampered. They did not have before and after pics. They did not explain that if it was tampered why didn't the RAWA guy didn't say something when he was there. Needless to say, RAWA already had his $560 and my friend lost his appeal.
I also noticed that you allowed a Property Maintenance Inspector (PMI) into your house. One thing the city has been keeping under wraps are the qualifications of these so-called inspectors. Unlike Building Inspectors, the PMI's in Reading are not state recognized and therefore are not state certified. In fact, to become a PMI all you have to do is take an online, 50 question, multiple choice, 2 hour, open book exam. See for yourself on page 7. http://www.iccsafe.org/wp-content/uploads/Natl_Cert_2009-Listings.pdf . I can't fathom allowing someone so unqualified into my private home but in the city they have misled the people into thinking these PMI's are actual Building Inspectors that understand the code they enforce. It gets even more interesting when you look at the code that City Council passed for these PMI's to enforce. I've read it, it's very vague, leaves a lot of interpretation to the Inspector and therefore is not uniform. Actually many cities in the US refused to adopt this code because it gives the inspectors way too much power. Mostly because it violates the 4th Amendment of the Constitution.
A year or two ago City Council revised this code and removed the word "Rental" and replaced it with "Housing". They did this at the recommendation of the Legal Dept. and the Codes Dept. This wording changed the entire scope of the code because now a PMI has the power to inspect any "housing" they feel is in violation. That means they can enter anyone's home (private or not) if they feel a violation is present. The city tried several times to enter my vacant property I was selling, attempted to cite me with a $1000 fine for an illegal rental even though it was never rented (they said I had the potential to rent it), and they were trying to get an Administrative Warrant to inspect my property but I sold it before they could.
I hope some of this information helps you. But my advice to anyone I know is to avoid Reading if possible. I know some good people in the city doing good things but they all are eventually targeted by the city with crazy water fees, quality of life tickets, and other excessive fines they can think up. Sadly this is the result of a broke city looking for any revenue they can. Btw, if you want to see what certifications a PMI has you can search their names here. https://av.iccsafe.org/EWEB/DynamicPage.aspx?Site=icc&WebKey=b7afd990-2e14-4013-a186-aeb405641a95&FromSearchControl=Yes
gem4867
reading,Pennsylvania,
Conspiracy To Deprive Civil Liberties
#5Author of original report
Tue, December 23, 2014
Martinez vs. Queens County District Attorney etc al.
Eastern District Court of New York . Case no: 1:12-cv-06262 Appeal no. 14-907
Martinez vs. Reading Area Water Authority : Berks County Court of Common Pleas: Case no. 14-14241
This is an update to my reports less you forget how these people waged a full scale conspiracy war against me to silence me about the framing of three individuals in a homicide trial. As a result These Civil Right violator State and Federal courts acting in concert depriving me my child for two years now. These people in conspiracy framed me for domestic offenses, wire tapped my phones and internet services until today, deprived me of social security benefits and medical care, extorted me for money, threatened to kill me on multiple occasions. The defendants altered court transcripts , forged an indictment, stole evidence , altered my blood work and conspired to unlawfully enter my premises, illegally placed a Gps in my vehicle , forced me to live without running water to my home for approximately eight months, deprived me my right to an attorney, deprived me my right to appeal against the fraud, unlawfully incarcerated me for 2 and a half months on that forged indictment, held me in contempt of court in the family court proceeding to steal evidence from brief case and prevent my witnesses from testifying. Hence these people are now playing the conspiracy game to keep this case from being heard in court by a jury.
Learn the game, whenever a civilian is falsely accused and is charged with a crime the courts will run you down, month after month back and forth to court until you are so sick and tired you give into a plea for a lesser charge. Never mind your speedy trial right because if you even know of this right the court will disregard it and continue to run you back and forth to court until you take a deal. Same game in Civil suits against a public officials, they find every possible way to keep your case held up until you take a deal or find a way to get at you.
My case against the Reading water authority in Berks County Court, here their trying to send the case to arbitration to keep it from being heard by a jury. Arbitration is a third party elected to decide the case and award what they want to either side and the decision is final . Of course the elected person is someone they appoint and is therefore bias to the case. I filed motion for leave to amend my complaint if you read my amended complaint in my drop box it is self-explanatory why they don’t want a jury to decide the case.. On Dec. 23 2014 the courts holding yet again another evidentiary hearing to decide whether leave to amend should be granted, which should be given freely since it does not prejudice the defendants case. With no explanatory reason as of yet the judge on her own motion orders for the defendant to show cause why leave to amend should not be granted.
Hence these public officials after they've done every possible volatile act imaginable will effortlessly do everything possible from giving you a public trial against them.
SICK N TIRED
Sick n tired of seeing these courts framing innocent people in criminal trials , and family cases, depriving parents from their children and destroying family life across America. Sick and tired of watching all these senseless murders of innocent people across the United States, people being beaten and or executed by the same police hired to protect us and not being held accountable because the prosecutors are to scandalous to make the case stick. Sick and tired of hearing all the political bureaucracy , lies and cover-ups to the press that they find no wrong doing in their officer's actions when the wrongful acts are caught on video. Sick and tired hearing about all the conspiracies to murder people for opposing corrupt judges or for having exercised a right to freedom of speech. What are we guinea pigs for people acting under color of law ? Please view the evidence here:
https://www.dropbox.com/sh/y3b250kx9bjbfyr/AADOW7YT2Yx7ELlXva5aWxaja?dl=0
gem4867
reading,Pennsylvania,
PLEASE VIEW THE EVIDENCE
#5Author of original report
Wed, November 12, 2014
If your reading my reports this case is Martinez vs. Reading water Authority in the Berks County court. I just added the evidence against this violating municipality. Please view in my dropbox, the link is provided below:
https://www.dropbox.com/sh/y3b250kx9bjbfyr/AADOW7YT2Yx7ELlXva5aWxaja?dl=0
BE sure to look at the water bills from april through october when my was turned off there charging me a service charge for water and ssome months even water usage. Also look at the money order paid to them 3 days after they gave me ten day notice when they shut my water a second time.
Lad007
Bozeman,Montana,
take your meds
#5Consumer Suggestion
Wed, November 12, 2014
why would the FBI be consipring to contaminate your water? Take your meds.