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Home My WebLink About02-45961N 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-A HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-021 Defendants. CIVIL DIVISION No.: ~ 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 entire 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. The property against which this claim is filed is known and numbered as 106- A 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 March 15, 2001 to and including the present. Rental~ Penalties~ Interest, 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: $ 866.99 $ 95.19 $ 1,625.00 $ 2,587.18 Plus additional attomeys' 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. JAMES, SMITH, DURKIN & CONNELLY LLP By: ~A~.~ Scott Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN 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-A HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-2 !-0289-021 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Iylunil~ipal Claim for Sewer Rents was served on the following this ~ day of ~ ,2002, via / First Class U. S. Mail, Postage Pre-paid: Jeffrey A. Wilbur Holly J. Wilbur 131 Brindle Road Mechanicsburg, PA 17055 Respectfully Su~/rnitted: JAMES, S~ CONNELLY LLP By: ,/ i~x4~.~- v' Scott A. ~ie~ten%k, Esquire Attorney I.D.#55650 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 SCIt~DULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICI:PAL CLAEMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fair to al/rate ?ayers oi &e 5ilve~ Spring Townshi? Authority (the "Authority"), il is necessary lbr the Authority to recover pr~>mptly the amount of delinquent ~d other municipal cha'ges, and if necessary, tN'ough legal processing; and WHEREAS, m the past the amount recovered in suct~ proceedings has been depleted by the cost of reasonable attorney f~s incm'red by the Authority in the proceedings, thereby m~ing, m the case of smaller claims, enforcement nol/'mancially feasible; and WHEREAS, the General Assembly of Pe~msylvarda has recently enacted, as ail amendment to the Mtu,2cipal Clahns Act, Act NO. 1 of 1996 (ttte "Act"), which authorizes the addtng o1:" the amount of reasonable attorney fees azad costs the total payable with respect to tmpaid taxes and other municipal clahms, but on. ly/2' the murficipality involved has approved by resolut:on a schedule of reasonable attorney fees; a_nd WHEREAS, the Authority has determi~ed that it is k:~ the best interest of all the rate payers to have vigorous e~zlN'cement of all delinquent ~d other tmpaid chm'ges, ut52~ng the procedures set fo~tI~ m the Act; m~d ' \X'rHEREAS, the Authority has reviewee, the suNect of atton~ey i;~es for collection :.~atters. and has determined that the fees set forth in the schedule hereby adopted au'e reasonable m amolmt for the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED ,a~ND ENACTED by the Boa'd of Silver Springs Townslxip Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves t:~e following schedule of attorney fees for services in co~mectkm with the collection of Acco[mrs, which is hereby determined to be fat.' m~d reasonable compensation for the services set fonh betow, all in accord~ce with the prmcipa s set fo:-th in Section 3 (a. 1) of the Municipal Claims Law, as amended by Act No. i of 1996 (the ".Act"): Legal Services Fee For Services Lrutial Review and send first demand Letter & Title repoz"c $ 200.00 File lien and send second demand letter; Prep?a'e Writ of Sc/re Fa&as, FiIe Writ Service o£ Writ by Sheriff $ 500.00 Prepa'e aid mail letter under Pa. R. C. P. § 237.01; Prepa-e Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Prcpa'e Writ of Execution; Attendance at Sa!e; Review Schedule Of Distribt',tion and Resolve Dis:x'ibution Issues $1,975.00 gel'vices l)ot covered above: Satisfaction of Municipal Lien Satisfaction of Judgment Review :of Bamkruptcy (including Proof of Claim) Motion for ReLief fi'om the Automatic Stay Motior~ ]~br Special Service Petition to Reassess Damages Forbeaxance Agreement All other services 40.00 40.00 250.00 625.00 q-S0.00 275.00 200,00 125.00 per hOLlr (b) The above amounts mclude an est/mate of the reasonable out-of-pocket expenses of co tmsel in connection with each of these services, as itemiz~:t in the applicable counsci bills, whkh ~hall be deemed to be part of the fees. (c). The amoum of fees determined as set foil-h above shall be added to the Authority's clam~ in each account. 2. Collection Procedures. The following collection proccdm'es a:'e hereby established in accordance with Act No. 1; ' (al At least thkty (30) days prior to assessing or imposing attorney fees m com~ection with the collection of an Account, the Authorky shall mai or cause to be mailed, by certified mail, retm'n receipt requested, a notice of such intention to the rate payer or other entity liable for the Accom~t (the "Account Debtor") Jul 24 02 ll:21a Silver Spring Twp Ruth (?17) 591-1373 p.3 20(/2. (b) If within tbh'ty (30) days after mailing the notice in accordance with subsection (a), the co'tilled maii to an Account Debtor is reflised or unclaimed or the retm'n receipt is not received, then at least ten (10) days pr/or to the assessing or imposing such attorney fees, the Authority shall mail or ' cause to be mailed, by ih'st class mail a second notice to such Account Debtor, (c) Ali notices required by this Resolution shag be mailed to the Accou_:it Debtor's last known post office address as recorded in the records or' other in:ormation of the Authority, or such other address as it may be able to obtain from the Com:ty Office of Assessnlent and Revision o£Taxes. (d) E ' ~ -" .~, , ach notice a~ described above shall include the fc l~owmg: (i) The type of tax or other charge, the date it became due and the amount owed, including ?enalty and interest; A statement of the Authority' s hltent to impose o1' assess attonley fees within tlm'ty (30) days after the mai]fflg of the first notice, or w/thru ten (10) days after the mailing of the sexrond not[ce; The manner hi which the assessment or imposition of ** ~ a~oni~y fees may be avoided by paynlent of the Account; and (iv) The place of payment for the Accoumts ~md the name and telephone number of the Autho:Sty official'designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority a'e hereby authorized and empowered to t~e such additional action as they may deem necessary or ap?ropriate to implement this Resolution. ' ' DULY ADOPTED By the Board the Silver Spring Township Authority. on Jtme }~qJ4~ ATTEST: ~ecretary SILVER SPRING TOWNSHIP AUTHOiL[Ty