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Home My WebLink About02-4597IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL B. SCOTT MARSHAL. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-081 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 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 Michael B. Scott and Marsha L. Scott. 5. The property against which this claim is filed is known and numbered as 11 Bayberry Drive, 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 January 15, 2000 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: $ 1,743.69 $ 283.12 $ 1,625.00 $ 3,651.81 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 Mtmicipal Lien Docket and Judgment Index. JAMES,~ ~LLY LLP sBcY~tt~f. ~i~ Esquire 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 Plaimiff, Vs. MICHAEL B. SCOTT MARSHAL. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 PARCEL# 38 -21-0289-081 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Muni.cipal Claim for Sewer Rents was served on the following this ?~,,~ day of ~' , 2002, via First Class U. S. Mail, Postage Pre-paid: Michael B. Scott Marsha L. Scott 11 Bayberry Drive Mechanicsburg, PA 17050 Respectfully S~bmitted: JAMES, S~CONNELLY LLP By: Scott A. D/iie~uirtre '/ 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 SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICI]PAL CLAEVIS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, ko be fitir to all rate payers of the Silver Spring Township Authority (the "Authority"), tt is necessary ik-~r the Authority to recover promptly the amount of delinquent and other municipal cha'ges, and if necessary, ttu'ough legal processing; and WHEREAS, La the past the amou,.~.t recovered i~ such proceedings has been depleted by the cost of reasonable atton~ey fees mcat'red by the Authority in the proceedings, tixereb> m~king, in the case of smaller claims, enforcement not fma~,~cially feasible; and ¥~'HEREA$, the General Assembly of' Pe~msylvania l~as recently enacted, as an amendment te the Mu~dc~?al Cla/rns Act, Act No. 1 of 1996 (the "Act"); which author2es the addi:~g of the amount of reasonable attorney fees a~d costs ti~e total payable with respect to tmpaid taxes and other municipal claims, but only ff the municipality involved has a?provcd by resolutx)n a schedule of reasonable attorney fees; and WI-LEREAS, the At:thority has determined that it is k', the best interest of all the rate payers to have vigorous e~%orcement of all delinquent xnd other atrpaid charges, utilizing the procedures set forth m tl'~e Act; a~ad WHEREAS, the Authority has ~eviewed the subject of attorney (~es for collection matters, and has determined that the fees set forth m the schedule hereby adopted ;u'e reasonable in amount 5>r the services herein described. NOW THERE. FORE, IT IS HEREBY ORDAINED AND ENACTED by the Boa'd of ri'.e Silver Spring~ Towrtship Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves t~;~e foEowing schedule of attorney fees for services m cmmection with the collection of Accounts, whick is hereby detem-dned to be fab' and reasonable compensation for the services set forth below, ali in accordance with the principals set forth Ln Section 3 (a. 1) of the Municipal Claims Law as amended by Act No. 1 cf [996 (the "Act"): Legal Services Fee For Services Initial Review and send first domed Letter & Title repo~"c $ 200,00 File liea and send second demand letter; Prepare Writ of Scfl'e Facias, File Writ Service of Writ by $ 500.00 Prep,'u-e axed mail letter under Pa. R. C. P. § 237.01; Prepm'e Entry of Judgment, Notices, Pleadings and AfSdavits $ 350.00 Prcpah'e Writ of Execution; Atto:]dance at Sale; Review Schedule Of Distribt'~tion and Resolve Distribution Iss,,les $1,975.00 Services ilot covered above: Satisfaction of Municipal Lien Satisfaction of Judgment Review of Bar&ruptcy (mcl'adLng Pro:ff of Claim) Motion 5~r ReLief from the Automatic Stay Motion fo~ Special Service Petition to Reassess Damages Forbeah'ance Agreement All other services 40.00 40.0O 250.00 625.00 ¢50.00 275.00 200.00 125.00 per ho m' The above amo~mts mclnde an estimate of the reasonable out-of-pocket expenses of co~msel m connection with each of these services, as i:emiz~ the applicable counsel bills, whit~h shall be deemed to be pm't of the fees. (c) Ti-to amotu~r of fees determixed, as set fo~'th above shall be added to :he Authority's claim in each account. 2. Collection Procedures. The following collection proccdm'es ax'e hereby established in accordance w~th Act No. 1: (a) At least thh'ty (30) days prior to assessing or imposing attorney fees in com:ection with the collection of an Account, the At;thority shall mail 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 2~ 02 1t:21a Silver Spring Twp Ruth ?17) 591-1373 p.2 ,2( 2, (b) If within tkirty (30) days after mailing the notice in accordauce with subsection (a), the certified mail to an Accomu Debtor is refused or unclaimed or the retm'n receipt is not received, then at least ten (10) days prior to the assessing or imposing such attorney fees, the Authority shall mail or cause to be mailed, by fi'st class mai[, a second notice to such Account Debtor, All notices requu'ed by this Resolution sial2 be mailed to the Accoumt Debtor's last known post office address as recorded in the records or other inrbrmation of the Authority, or such other ad&'ess as it may be able to obtain fi.om the Co~.mty Office of Assessment a~d Revision of Taxes· ~d) Each notice as described above shall include the fallowing: (il The type of tax or other charge, the date it became due and the amomU owed, including penalty and mterestl (ii) A statement of the Authority's intent to Lmpose or assess attorney ~:ees withhx ttm-ty (30) days a2er the mailhxg of the fn'st notice, or within ten (10) days after the mailing of the second notice; The manner hi which the assessment or imposition of attorney fees may be avoided by payment of the Account: and (ix') The place of payment for the Accoams a_nd the name and telephone number of the Author/ty officia~designated as respcnsible for the collection matter. Related Action. The proper officials of the Authority are hereby authorLzed and empowered to t~e such additional action as they may deem necessary or appropriate to implement this Resolution. DULY ADOPTED By the Boazd the Silver Spring Township Authority on Jtme }~q,tt, ATTEST: · ary SILVER SPRING TOWNSHIP AUTHOIUTY Chaipyon IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY Vs. MICHAEL B. SCOTT MARSHAL. SCOTT Plaintiff, Defendants. CIVIL DIVISION No.: 02-4597 MLD No.: 02-5366 Civil Teni~ PRAECIPE TO SATISFY TO THE PROTHONOTARY: SIR/MADAM: Please mark the Municipal Lien filed at the above - captioned term and number satisfied. By: scd{t R: Di ~tterick, Esquire 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 Vs. MICHAEL B. SCOTT MARSHAL. SCOTT Plaintiff, : Defendants. : CIVIL DIVISION No.: 02-4597 MLD No.: 02-5366 Civil Term CERTIFICATE Ol~ SERVICE_ The undersigned hereb~y certifies that a true and c,orrect copy ,of the Praecipe to Satisfy was served on thefollowingthis ~ day of ~-~?--~ ,2002, via First Class U S Mail, Postage Pre-paid: Michael B. Scott Matrsha L. Scott 11 Bayberry Drive Mechanicsburg, PA 17050 Respectfully Subi~ ~ted: JAMES, SMI~ IN CONNELLY LLP Scott ~. b ~'tir-erick, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C