Yesterday's proceedings began with TLPOA General Manager Matthew Begley returning to the stand to conclude his testimony. Mr. Begley testified TLPOA filed its petition for incorporation on Sept. 25, 2008, after initiating the collection of petition signatures on July 1, 2008. He said signatures were collected and filed within the required 90-day time period, and 1,215 resident freeholder signatures were obtained.

Mr. Yeager asked Mr. Begley if resident freeholder signatures were collected at Cayman Landing's section 19 area. Mr. Begley said signatures obtained from section 19 were counted toward the incorporation's required number of freeholders who are from a majority of the territory, but not for the required number of resident freeholder signatures. Mr. Yeager asked Mr. Begley if acreage signatures were collected in the undivided interest section of Cayman Landing, and he said they were not.

Mr. Yeager then asked Mr. Begley a series of questions about section 19 and the UDI portion of Cayman Landing and their use. Mr. Begley testified section 19 consisted of 590 individually owned campground lots that have an average size of 40 by 80 feet. UDI plots also averaged 40 by 80 feet, he said. Mr. Begley said both have a restricted time frame for use. Owners cannot occupy section 19 for more than 90 days, he said, and may not become a permanent resident. UDIs are membership interests, he said, and members may not stay more than 30 days in the UDI section on one membership. Mr. Begley said individuals are required to move their units.

Mr. Yeager asked Mr. Begley how each area was handled in regard to real estate taxation. Mr. Begley said the 590 individually owned lots at Cayman Landing were taxed to the landowner and were not taxed by the township, county or school district. The UDI section is tax exempt because it is owned by TLPOA, he said.

Mr. Begley reiterated his testimony from earlier this year on how signatures were collected and secured.

He said the total number of resident freeholders collected was 1,205, not 1,215 as stated earlier because 10 of the individuals came from the same homes as individuals who had previously signed. He said TLPOA believes 2,044 homes were approved with resident structures, based on data provided by Clearfield County Tax Bureau and TLPOA's database. The 1,205 signatures collected out of 2,044 were in excess of the 50 percent plus one required, he said.

During cross-examination, Mr. Ferraro asked Mr. Begley if the 590 lot owners at section 19 of Cayman Landing had deeds to their properties. Mr. Begley confirmed they had deeds.

Mr. Ferraro questioned whether or not the individuals who have a deed are members of TLPOA, pay dues and have access to Treasure Lake's amenities. Mr. Begley said they were in fact members and had access to amenities.

Mr. Ferraro contended those who have deeds are entitled to freeholder rights, and were therefore excluded from the signature process.

He asked Mr. Begley to confirm the 590 lots were not counted. He said they were not.

Mr. Ferraro asked Mr. Begley if TLPOA included 168 interval ownership properties, of which 15 are owned entirely by one person or family at Silverwoods Condominiums when collecting signatures.

He said it did not. He asked Mr. Begley if TLPOA included the signatures of those with active accounts at Silverwoods and Wolf Run Condominiums on its petition, to which he responded "no."

A paper printout of information contained on TLPOA's Web site and an educational guide provided to canvassers were submitted into evidence.

Mr. Ferarro asked Mr. Begley to confirm the paper printout information came from the TLPOA Web site and that the educational guide was a TLPOA publication provided to canvassers.

Mr. Begley confirmed the printout was from the site and the guide was a TLPOA publication provided to canvassers.

Mr. Ferraro asked Mr. Begley to confirm the Web page printout confirmed the private nature of the area when it states "please navigate our site and see for yourself why Treasure Lake is home to the privileged few whom enjoy a Country Club lifestyle, without the high Country Club dues." Mr. Begley confirmed the information came from the site.

Mr. Ferraro then asked Mr. Begley to review the question and answer section of the educational guide and read the question that states, "will access be open to the public," and the corresponding answer, "absolutely not, the gate and private roads will remain." He asked Mr. Begley if the purpose of the guide was to provide canvassers with necessary information to answer potential signatories' questions. He indicated it was.

The supervisors argue that many individuals were mislead when they were informed the petition would result in a private borough, Mr. Ferraro said. He added that research shows there are no private boroughs in the commonwealth, and the only individuals approached by TLPOA were those who owned homes at Treasure Lake. Mr. Ferraro added he could not find any law that made a private borough legal.

Judge Ammerman said he did not believe it was his responsibility to decide whether or not a "private borough" was legal, but the issue may prove detrimental to the petition verification process. He said it was the court's responsibility to consider verifying the petition.

The defense concluded with testimony from Borough Information Coordinator Carla Gasbarre, who confirmed the petition process and collection of signatures.

Attorney Ferraro called to the stand Sandy Township Manager Dick Castonguay, who was asked to identify a number of photos taken at section 19 and the UDI section of Cayman Landing.

Mr. Ferraro attempted to prove a number of structures located within section 19 and the undivided interest section are potentially permanent residences or that the individuals who locate structures there do so beyond the 90-day and 30-day restrictions imposed at section 19 and UDI, respectively.

Following Mr. Castonguay's testimony, the defense rested.