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Home My WebLink About02-4595IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. JEFFREY A. WILBUR HOLLY J. WILBUR 106-B HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-021 Defendants. CIVIL DIVISION No.: t~.~ --' 4t.,qg,5' MLD MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DURKIN & CONNELLY LLP, hereby files its claim for the sewer rate charged against the real estate hereinafter described, located in Silver Spring Township, Cumberland County, Pennsylvania, and sets forth its claim as follows: Statement of Claim 1. The name of the municipality by which this claim is filed is Silver Spring Township Authority. The Authority under and by virtue of which this sewer rate was charged is as follows: (a) Section 4 of the Act of 1945, P.L. 382, 53 P.S. §306, Municipalities Authorities Act of 1945, as amended; and (b) Resolution of Silver Spring Township Authority, adopted December 11, 1991, establishing the sewer rates and regulations of Silver Spring Township Authority for the sewer system for the Township of Silver Spring, and authorizing the collection and enforcement of sewer rates in this manner prescribed by law. All acts, conditions, events and things required to be done by Silver Spring Township Authority under the Acts of Assembly of the Commonwealth of Pennsylvania have been done and performed in due and legal form so as to entitle Silver Spring Township Authority to a lien for the payment of the sewer rates for which this claim is filed. 4. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed are Jeffery A. Wilbur and Holly J. Wilbur. 5. The property against which this claim is filed is known and numbered as 106- B Hogestown Road, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17050. This sewer rate was charged for sewer service furnished to the above- described property, the sewer lines which services same being installed in 1979 and the sewer rate being charged for the period commencing September 1, 2000 to and including the present. Rental~ Penalties~ Interesg, Collection Fee and Costs AS OF June 30, 2002 Sewer Rents through 4th Quarter 2002 Penalties through March 5, 2003 Attorneys' Fees and Costs TOTAL: $ 888.05 $ 103.93 $ 1,625.00 $ 2,616.98 Plus additional attorneys' fees and costs incurred by Silver Spring Township Authority in collection of the above claim in accordance with the attached fee schedule authorized by Resolution of Silver Spring Township Authority. Payment of the above claim not having been made, enter the same in the proper Municipal Lien Docket and Judgment Index. Scot~A.l/Di~ TH, DURK1N & CONNELLY LLP Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : JEFFREY A. WILBUR HOLLY J. WILBUR 106-B HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-021 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the M~laim for Sewer Rents was served on the following this ~C/~,>~ day of~~2~_, 2002, via First Class U. S. Mail, Postage Pre-paid: Jeffrey A. Wilbur Holly J. Wilbur 131 Brindle Road Mechanicsburg, PA 17055 Respectfully St ~ ~&C JAMES, SM ONNELLY LLP Scott A. ~ Attorney I.D.#5565 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A-2002.02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fair to ali rate payers of the S/2ver Spring Townshi~ Authority (the "Authority"). il is necessary tbr the Authority to reco vex' promptly the amo t~r~t of delinquent and other municipal cha'ges, aad if necessary, th'ough IegaI processi~:g; and W HEREAs,/n the past the amount recovered 5'~ such proceedings has been depleted by the cost of reaso~.ab/e attorney fees mcmred by the Authority m the proceedings, thereby m~k~g, ~n the case of smaller claims, enforcement not zmancially feasible; and Brh'~REAS, the General Assemolx o/: Pe~msylvama has recently enacted, as a~ amendment tc the Mu~ficipal Claims Act, ~,ct No. 1 of 1996 (the "Act"), which authorizes the addh~g of the amount of reasonable attorney fees and costs the total payable with respect to tmpaid taxes and other municipal claims, but o~y it' the mt;~cipality involved has approved by resolution a schedule of reasonable attorney fees; and %~/-LERE_ AS, the Authority has determined that ir is iI~ tine best interest of all the rate payers to have vigorous e:gbrcement of al! del/nquent and other m~paid cha'ges, uthizi.ng the procedures set foi~h m the Act; a~d WHEREAS, the Aarhor~t> has ievlewed the sublect oI attorney fees for collection matters. ~d has determhmd that the fees set forth in the'schedule hereby ado?ted a'e reasonable in amotmt tbr the services hereto sc,,~,~ NOW THEREFORE, 1T tS HEREBY ORDAINED ,~LND ENACTED by the Bcm'd of the Silver Springs Townsinlp Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the fol~owi_ng schedule of attorney tees for servmes m cmmection with ~e collection of AcCotmts, which is hereby determined to be furl' as:d reasonable compensation for the services set fo:'th below, al/hq accordance with the pr/nc/pals set forth m Section 3 (a 1) of the Municipal Claims Law as amended by Act No. i of i996 (the ",4,ct"): Legal Services Initial Review aid send first dem~d Letter & Title repoi~ Fee For Services $ 200,00 File lie,a and send second demand letter; Prepa'e Writ of Scii'e Facias, File Writ Service of Writ by SherLff $ 500.00 Prepa'e and mai/letter under Pa. R. C. P. § 237.01; Prepare Entry of Judgment, Notices, P~eadmgs and Affidavits $ 350.00 Prep,~'e Writ of Execution; Attend~w~ce at Sale; Review Schedule Distribution and Resolve Distribution Issues Services EOt corel'ed above: $1,975.00 Satisfaction of Mtmicipal Lien Satisfaction of Judgment Remew of Ba~d'uptcv (includin~ Proof of Claim) Motion fo:' ReLief fl'o:~: the Autor~atic Stay Motion tbr Special Service Petition to Reassess Damages Forbea'ance Agreement Ail other services 40.00 40.00 250.00 625.00 q~;O,O0 275,00 200.00 125,00 per hoc~ <b The . " above amoun[s include an estimate of the reasonable out-of-pocket expenses of co tinsel in COlmection with each of these services, as itemized m the applicable counsci bills, whicll shal! be deemed to be part of the lees. (c) The anmmxt ot'£ees determined, as set forth above shall be added to the uthouty s claml m each accoum. Collection Procedures. The tbl/ewing collection procedures a'e hereby estabi~shed in accordm:ce with Act No. I: (a) At least thhb (30) days prior to assessing or imposing attorney t~es in com~ection with the collection of an Account, the Authority shall mall or cause t ~ be mailed, ' · · . by certified mail, retm'n receipt requested, a notice of such retention to the rate payer or other entity liable for the Accom~t ( - ebro, .the Account -]~ ] 24 02 I1:21a S~-lver' Spr"~.n~ Twp Ruth ('7i?) 591-13'73 p.3 ,20 2, (b) If withJz~ t.h.~-ty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Accotmt Debtor is refused or tmciaimed or the i'etLm2 receipt is no,' receivexl, then at least ten (I0) days prior to the assessing or imposing such attorney fees, the Authority shall mail or cause to be mailed, by fi'st class mail, a second notice to such Account Debtor. (c) Ali notices required by tkis Resolution shal/be mailed [o the Accotatt Debtor's last kno~xn post ofiice address as recorded ht the records or other mf0rmation of the Authority, or such other address as it may be able to obtain fi.om thc Cotmty Office of Assessment a~d Revision oF Taxes. rd) Each notice ~.s described above shall include the fbllowing: (i The type of tax or other ch~ge, the date it b~ame due and the amotmt owed, k:ciudh~g penalty and h~terest; A statement of the Authority's mteot to ~pose or assess attolxley 1~es withh~ ~m'ty. (30) days aaa' the mailing of the fa'st notice, within ten (10) days after the mailing o < f ~he s~:onm nonce; (~) %e n , ' ', . ~a~ her m wNch the assessment or ~mposition of atto:~ey fees may be avoided by payment of the Accotone; and (iv The place of payment for the Accom~ts ad the n~ae and telephone number of the Autho~Sty officia?designated as responsible for the collection matter. Related Action. The proper officials of the Authority a'e hereby authork~ empowered to t~e such additional action as they may deem necessary or appropriate to ~piement tNs Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on Jtme_ J~,q& ATTEST: /