Much like a divorce lawyer's war story about the couple spending thousands fighting over a $100 piece of furniture, the split of Upper Macungie Township from the Berks-Lehigh Regional Police Department took on an air of wastefulness when Maxatawny Township filed legal actions Nov. 1.

That is the view of Upper Macungie Supervisor Sam Ashmar who spoke with The Press.

"I don't see how this makes sense," Ashmar said.

Though part of the conflict is the inventory and value of property, a quick review of vehicles and weapons suggests a total value of no more than $200,000.

In the law suit, Maxatawny Township is seeking an injunction to prevent distribution of assets; appointment of a receiver to account for and liquidate assets; and a hearing to determine how to distribute assets and liabilities of the police commission.

As of Nov. 27, Upper Macungie had not been served with the complaint or petition, Ashmar said.

"I would have thought they would have taken their time to let us know as a courtesy [before filing suit]," Ashmar said.

Although the Berks-Lehigh Regional Police Commission is identified as a defendant in both documents, each also refers to the Berks-Lehigh Regional Police Department.

The matter arises as a result of the decision last year by Upper Macungie Township, which joined the regional force on Jan. 1, 2001, to withdraw from the BLRPD.

Prior to that time, Topton, Lyons and Maxatawny maintained the Northeast Berks Regional Police Commission, which was formed in 1991.

With the addition of Upper Macungie, that township dwarfed the other members in terms of resources and financial contributions.

In 2002, Upper Mac-ungie paid $850,866 as its share of the BLRPD costs.

By 2011, this rose to $2.6 million, an increase of more than 200 percent, or about 76 percent of the total cost.

Maxatawny was charged $580,280 in 2011 or 17 percent of the total.

Ashmar and fellow Supervisor Kathy Rader began to question the inequities in the BLRPC charter in 2008 as Upper Macungie bore the "lion's share" of the costs, according to Ashmar but had a single vote like the other three municipalities.

"We tried in good faith to talk to the commission," Ashmar said, noting the Borough of Lyons paid 1 percent of the costs in 2011 or about $35,400.

"[Yet] Lyons' vote was equal to ours," Ashmar said.

The township decided to start its own police force as of Jan. 1, 2013, and notified the BLRPC.

Ashmar insists the timetable remains and the first Upper Macungie Police Department patrols will begin 6 p.m. New Year's Eve.

Part of that plan assumed equipment and vehicles will transfer to the Upper Macungie officers at that time.

The force will be housed in the new police headquarters funded from proceeds of the new lease on the Pennsylvania State Police Fogelsville Barracks, a building owned by Upper Macungie.

On April 17, 2012, the BLRPC officially entertained a motion for withdrawal of Upper Macungie.

Rather than continue with its original three members, the BLRPC also voted to dissolve at that time.

Maxatawny alleges in its injunction action that the BLRPC is unable to provide a consistent inventory of its assets and that, as a result of officers accepting employment with other municipalities, an "unbiased inventory" cannot be made and the BLRPC "itself cannot make a determination as to the remaining assets or their value."

The delay costs money, Ashmar pointed out, as Upper Macungie has been forced to buy some equipment new, which in turn means the BLRPC will have excess assets to dispose of.

Upper Macungie offered to buy used weapons and used vehicles and Maxatawny's answer was always no," Ashmar said.

Upper Macungie offered $350 for the Glock weapons, which were about 10 years old, plus $90 for the special sights.

"We tried to be fair," Ashmar said.

A new Glock, of a more recent model, lists for $409, Ashmar pointed out.

Likewise, the township tried to be fair in valuing vehicles.

After a motion to auction off BLRPC's assets failed at an Oct. 15 meeting, the parties agreed to meet in an attempt to have the property appraised and sold, the Maxatawny actions allege, but the parties could not agree and remain deadlocked.

Maxatawny alleges the other parties have been distributing assets without authority and harm will result.

It is specifically alleged in both documents that Upper Macungie Township has begun transferring property from the BLRPC to itself.

Ashmar said this refers to some assets which Upper Macungie Township purchased, such as the traffic unit vehicles.

"We funded all that," Ashmar said, but Maxatawny is challenging their return to Upper Macungie.

Some sales have been approved, but without Maxatawny's vote.

A sale of weapons and a K-9 vehicle were both approved by a 3-1 vote, Ashmar noted.

The legal complaint, which is more of a fallback if the petition is not granted, would most likely be a case of closing the barn door after the horse has escaped as it will not be resolved prior to the New Year's Day divorce of the BLRPC members.

It could be the vehicle, however, for Maxatawny to seek redress down the road if it feels harmed by the distribution of assets and liabilities,

The charter of the BLRPC states that in the event of dissolution, the BLRPC will first pay its debts and obligations and its remaining assets will be appraised by appraisers appointed by the BLRPC.

Ashmar's concern is that appointing a receiver will add a cost to the process, remembering total asset value is unlikely to exceed $200,000 and a receiver may sell at a "forced liquidation value."

Ashmar worried about a forced liquidation versus an orderly liquidation.

"It's best to work together," he said, "That's where all four municipalities are maximizing value."

Rather than allow distribution in kind or sale of the assets to the members, Maxatawny appears to want everything to go through the liquidation process, according to Ashmar.

That adds costs to Upper Macungie, which originally planned on buying six new vehicles but bought 12 and is likely to reduce the proceeds each municipality gets on liquidation.

The vehicles, some of which can be seen at the new police station decked out in the new department's colors, take time to prepare, Ashmar said.

"There are 18 cars at any time on the [BLRPD] parking lot," Ashmar said. "It doesn't make sense you need all of these vehicles sitting there."

There is a $750,000 pension shortfall on the expense side of the ledger that the parties should be addressing, but Maxatawny is focused on the much lower value of assets, Ashmar said.

"What are the supervisors in Maxatawny thinking," Ashmar asked? "We should be maximizing the proceeds of sale and not spending it on litigation."

Maxatawny, he notes, is paying its solicitor, Jill Nagy, and her law firm for their costs as well as footing 17 percent of the defendant's costs.

"How are they helping the taxpayers," Ashmar asked?

If and when Upper Macungie is served, Ashmar looks forward to the fight.

"I look forward to discovery," he said "The minutes speak volumes."

"The three municipalities that didn't want to give us a vote won't have a vote and they won't have a police department," Ashmar noted. "It's a shame."

According to a court scheduling order, a hearing is scheduled on the petition for 9:30 a.m. on Dec. 7 in Berks County.