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Home My WebLink About07-1097 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CNIL DNISION No.: 07 - /()97 MLD vs. STEVEN R. DANNER DANA E. DANNER 9 CROMWELL COURT MECHANICSBURG, P A 17050 P ARCEL# 38-23-0571-044 Defendants. MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DIETTERlCK & 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. 2. 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. S306, 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. 3. 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 Steven R. Danner and Dana E. Danner. 5. The property against which this claim is filed is known and numbered as 9 Cromwell Court, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. The United States of America is added as a Defendant due to the lien of the Internal Revenue Service against Defendant Steven R. Danner in the amount of$12,313.91 at Cumberland County No. 05-3924 Civil Term. 7. 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 April 1, 2006 to and including the present. Rental. Penalties. Interest. Collection Fee and Costs AS Februarv 15. 2006 Sewer Rents through 4th Quarter 2006 Penalties through September 5, 2007 Sheriff Sale Attorney' Feesthrough September 52007 Sheriff Sale Court Costs and Fees through September 5,2007 Sheriff Sale TOTAL: $ 607.69 $ 65.76 $ 1,667.00 $ 1.798.00 $ 4,138.45 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. 8. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. ~ 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address ofthe original creditor if different from above. Payment of the above claim not having been made, enter the same in the proper Municipal Lien Docket and Judgment Index. JAMES, SMITH, DIETTERICK & CONNEL iV, LP \ By: Scott A. Die ric, sq ir Attorney for Plaintiff P ALD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CIVIL DIVISION No.: MLD vs. STEVEN R. DANNER DANA E. DANNER 9 CROMWELL COURT MECHANICSBURG, P A 17050 PARCEL# 38-23-0571-044 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer Rents was served on the following this 23rd day of Februarv, 2007, via First Class U. S. Mail, Postage Pre-paid: Steven R. Danner Dana E. Danner 9 Cromwell Court Mechanicsburg, P A 17050 The United States of America United States Attorney's Office ATTN: Joseph J. Terz, Assistant U.S. Attorney Federal Building, 228 Walnut Street Harrisburg, PAl 71 08 Respectfully Submitted: JAMES, SMITH, DIETTERlCK & CONNELLY, LLP By: Scott i t k, s Attorney I. . #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO.A-~ ~ 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 all rate payers of the Silver Spring Township Authority (the "Authority"), it is necessary for the Authority to recover promptly the amount of delinquent and other municipal charges, and if necessary, through Legal processing; and WHEREAS, in the past the amount recovered in such proceedings has been depleted by the cost of reasonable attorney fees incurred by the Authority in the proceedings, thereby making, in the case of smaller claims, enforcement not tinancially feasible; and WHEREAS, the General Assembly of Pennsylvania has recently enacted, as an amendment to the Municipal Claims Act, Act No. 1 of 1996 (the" Act"), which authorizes the adding of the amount of reasonable attorney fees and costs the total payable with respect to unpaid taxes and other municipal claims, but only ifthe municipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the Authority has determined that it is in the best interest of all the rate payers to have vigorous enforcement of all delinquent and other unpaid charges, utilizing the procedures set forth in the Act; and WHEREAS, the Authority has reviewed the subject of attorney fees for collection matters, and has determined that the fees set forth in the schedule hereby adopted are reasonable in amount for the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Board of the Silver Springs Township Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the following schedule of attorney fees for services in connection with the coUection of Accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principals set forth in Section 3 (a.1) of the Municipal Claims Law as amended by Act No.1 of 1996 (the "Act"): Legal Services Fee For Services Initial Review and send fITst demand Letter & Title report $ 250.00 File lien and send second demand letter; Prepare Writ of Scire Facias, File Writ Service of Writ by Sheriff $ 500.00 Prepare and mail letter under Pa. R. C. P. ~ 237.0 1 ; Prepare Entry of Judgment, Notices, Pleadings and Affidavits $ 500.00 Prepare Writ of Execution; Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues $2,175.00 Services not covered above: Satisfaction of Municipal Lien Satisfaction of Judgment Review of Bankruptcy (i11c1uding Proof of Claim) Motion for Relief from the Automatic Stay Motion for Special Service Petition to Reassess Damages Forbearance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 700.00 $ 600.00 $ 275.00 $ 200.00 $ 125.00 per hour (b) The above amounts include an estimate of the reasonable out-ofe-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees. ( c) The amount of fees determined, as set forth above shall be added to the Authority's claim in each account. 2. Collection Procedures. The following collection procedures are hereby established in accordance with Act No.1: (a) At least thirty (30) days prior to assessing or imposing attorney fees in connection with the collection of an Account, the Authority shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the rate payer or other entity liable for the Account (the "Account Debtor") ~ (b) If within thirty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Account Debtor is refused or unclaimed or the return 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 first class mail, a second notice to such Account Debtor. (c) All notices required by this Resolution shall be mailed to the Account Debtor's last known post office address as recorded in the records or other information of the Authority, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes. (d) Each notice as described above shall include the following: (i) The type of tax or other charge, the date it became due and the amount owed, including penalty and intere:-;t; (ii) A statement of the Authority's intent to impose or assess attorney fees within thirty (30) days after the mailing of the first notice, or within ten (10) days after the mailing of the second notice; (iii) The manner in which the assessment or imposition of attorney fees may be avoided by payment of the Account; and (iv) The place of payment for the Accounts and the name and telephone number of the AuthOlity official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this Resolution. DULY ADOPTED By the BOlUd the Silver Spring Township Authority on December ~ , 2006. ATIEST: ~~6\~ 'Se etary By: Chai :J:j ~ iq. \ ..... * ~ 0 ....." ~ = D f:.~ = -..J (> .." :r.." r- 1"'!1 ""'- r OJ mF", ~ >v 1',) -om -1)9 ~ 0(: CO "~() ~ " '~~_~ :--f/ (" ~ ::J: S::lc;') ~ N cyn ---I --r:- .:::- SO -..J .<