How to Beat Ephrata Borough's Secrecy: A Citizen's Guide

By Sunshine Firecracker, J.D. Member, National Writers Union (UAW Local 1981) | Member ID: 172106

(This is Chapter 21 of the complete Jonathan Gerlach investigation.)

The Information War

Filing a request under the Pennsylvania Right-to-Know Law (RTKL) in Ephrata Borough is the only legal tool citizens have to pierce the "Wall of Silence" surrounding the Jonathan Gerlach case. While the Mayor ignores emails and the Borough Manager deflects questions about the Associated Building Inspections (ABI) contract, the law is on your side.

In Ephrata, information is treated like contraband. They rely on your ignorance. They assume you don't know that 65 P.S. § 67.101 gives you the statutory power to compel them to release police budgets, code enforcement logs, and vendor contracts.

They are wrong. You have the power. You just need the J.D. Manual on how to use it.

The 5-Step Battle Plan: Filing a Request in Ephrata

Bookmark this page. This is your definitive statutory roadmap to forcing transparency.

Step 1: Identify the Target (The Open Records Officer) Every government agency in Pennsylvania, including the Ephrata Police Department and Borough Council, must have a designated Open Records Officer (ORO).

• Target: Ephrata Borough Hall, 124 S. State Street.
• Action: Go to the official Ephrata Borough website. Look under "Departments" -> "Administration" to find the dedicated .gov email address for the ORO (often the Borough Manager or Secretary).
• Pro Tip: Do not send requests to a general "info@" email. Send it to the specific officer to trigger legal deadlines.

Step 2: Use the Standard "OOR" Form Do not write a casual email. It gives them wiggle room to claim it wasn't a formal request.

• Action: Download the Standard Right-to-Know Request Form directly from the PA Office of Open Records (OOR) website.
• Why: Using the official form triggers the statutory 5-business-day response clock. If they fail to respond within 5 business days, the records are deemed "Public" by default under the law.

Step 3: The "Magic Words" (Specificity is King) The #1 reason requests are denied is "insufficient specificity" (fishing expeditions). Do not ask questions; demand records.

• Bad: "Why did the police miss the House of Skulls?" (Denied: This is a question, not a record).
• Good: "I request all emails sent or received by Chief McKim between Jan 1, 2024, and Jan 1, 2026, containing the keywords 'Gerlach,' '100 Washington,' 'Odor,' or 'Complaint'."
• J.D. Pro Tip: Always add the phrase: "I request these records be provided in electronic format (PDF) via email to avoid duplication fees." This prevents them from charging you $0.25 per page for paper copies.

Step 4: The Denial (Expect It) They will likely deny you. In the Gerlach case, they will cite Section 708(b)(16)—the "Criminal Investigative Exception."

• Do not panic. This is standard procedure.
• The Counter-Move: The "Investigative Exception" does not cover financial records, blotter information, or contracts. If you asked for the ABI Contract, they cannot legally use this excuse.

Step 5: The Appeal (The Nuclear Option) You have 15 business days from the date of denial to file an appeal with the Office of Open Records (OOR) in Harrisburg.

• It is free.
• You do not need a lawyer.
• An Appeals Officer will review the denial and can ORDER Ephrata Borough to release the files.

⚖️ LEGAL SIDEBAR: THE BURDEN OF PROOF

Under the Pennsylvania Right-to-Know Law (65 P.S. § 67.101 et seq.), the burden of proving that a record is exempt rests on the Agency, not the Requester.

This means Ephrata Borough must prove legally why you can't see the document. They cannot just say "No." They must cite the statute. If they cannot cite a specific exception, the OOR will order the release. We are shifting the burden back to them.

The Files We Need (Your Assignment)

We need an army of researchers. If you are angry about the House of Skulls, help us dig. Here are the "Copy & Paste" requests you can file today:

1. The ABI Contract (Follow the Money)

• Objective: Prove that code enforcement is profit-driven.
• Copy This Text: "The current, active service agreement or contract between Ephrata Borough and Associated Building Inspections, Inc. (ABI), including all fee schedules, incentive structures, and invoices paid to ABI from 2023-2025. Please provide in electronic format."

2. The Mayor's Schedule (The Oversight Failure)

• Objective: Prove the Mayor was absent or negligent during the crisis.
• Copy This Text: "All calendar entries, meeting logs, or itineraries for Mayor Ralph Mowen from Jan 1, 2025, to Jan 5, 2026. Please provide in electronic format."

3. The "Nuisance" Logs (The Negligence)

• Objective: Prove they knew about 100 Washington Ave before the raid.
• Copy This Text: "All code enforcement complaints, citations, or 'Quality of Life' violation notices issued for 100 Washington Avenue, Ephrata PA, from January 1, 2023, to present. Please provide in electronic format."

Join the Intelligence Network

Did you file a request? Did you receive a denial letter? Did they try to charge you illegal fees? Forward your results to me or tag #HouseOfSkulls on social media. I am compiling a database of their refusals for a future "Systemic Non-Compliance" report.

Why This Matters

Transparency is not a gift from the government; it is a right of the people. When they hide the ABI contract, they are hiding how your tax dollars facilitate negligence. When they hide the police emails, they are hiding their own incompetence.

Sunshine Firecracker is just one person. But if 1,000 residents file 1,000 requests? The wall of silence will crumble.

File the request. Force the truth.

🚨 Continue the Investigation:

⬅️ Previous: Chapter 20: The Media Blackout (Why the News is Silent)

➡️ Next: Chapter 22: Accomplices by Deed (Who Helped Him?)

📂 The Archive: Inside the House of Skulls: The Complete Hub

. . .

Dr. Jennifer Gayle Sappington, J.D. Author & Investigative Journalist | Member, National Writers Union (UAW Local 1981) Member ID: 172106 Book & Journalism Division | Creator, Inside the House of Skulls Investigative Series

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COPYRIGHT & TRADEMARK NOTICE © 2026 Sunshine Firecracker / Dr. Jennifer Gayle Sappington, J.D. All Rights Reserved.

LEGAL DISCLAIMER This article is for educational purposes only and does not constitute legal advice. For official legal assistance regarding an appeal, please contact a qualified attorney.