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Home My WebLink About03-2016IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. JAMES L. ADAMS TERESA M. ADAMS 114 HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-019 Defendants. CIVIL DIVISION No.: t~ -,2t~t]. MLD "=~~ MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DIETTERICK & 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. o 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 James L. Adams and Teresa M. Adams. o The property against which this claim is filed is known and numbered as 114 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 January 1, 2002 to and including the present. Rental~ Penalties, Interest, Collection Fee and Costs AS OF December 10t 2003 Sewer Rents through 3rd Quarter 2003 Penalties through December 10, 2003 Attorney' Fees Court Costs and Fees TOTAL: $ 750.05 $ 107.98 $ 1,000.00 $ 2,125.00 $ 3,533.03 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, DIETTERICK & 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. JAMES L. ADAMS TERESA M. ADAMS 114 HOGESTOWN ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-019 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of.the Murlicipal Claim for Sewer Rents was served on the following this ~~ dayof /~ ,2003, via First Class U. S. Mail, Postage Pre-paid: James L. Adams Teresa M. Adams 114 Hogestown Road Mechanicsburg, PA 17050 Respectfully Sul JAMES'7 By: ~/[~, ~ Scott A. Di~tte: mitted: CK & CONNELLY, LLP ick, 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 SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUTqT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, ;o be fair to ali rate payers of the Silyer Spt'lng Township Authority ('the "A~thority"), it' is necessary for the Authority to recover promptly the amount of delinq'uent and other munici?a] charges, and if necessary, through IegaI processing; and WHEREAS, in the past the amount recovered in such proceedings has been depleted by the co st of reasonable attorney fees incmred by the Authority in tt-~e proceedings, thereby m&i~g, i.n the case of smalie~: claims, enforcement not financially feasible; and WHEREAS, the General Assembly of Permsylvania has recently enacted, as an amendment to the Mm~cipal Clakms Act, Act No. 1 of 1996 (tire "Act"), whick aut, horizes the adding cf the amount of reasonable attorney fees mad costs the total payable with respect to tmpaid taxes and other ,municipal claims, but only if the. municipality involved has approved by resolution a schedule of reasonable attorney fees; and ~,q"t_EREAS, the Authority has determs~ed th. at it is i:~ the best interest of aLt the rate ?ayers to l',ave viaorous e:rforcement of ali delinquent &,nd other unpaid charges, utilizJ, n~, the procedm'es set fo~h in the Act; and ~ V,q-tEREAS, the Authority has ;eviewed the subject oat' attorney fees for collection matters a.nd has determined that the fees set forth in the schedule hereby adopted a'e reasonable m amount 5.~r the services herein described. ' NOW THEREFORE, IT IS HEREBY ORDAINED ,kND ENACTED by the Board of rixe Silver Springs Tow.,aship Authority as Follows. 1. Schedule of Fees. (a) The Authority hereby approves the following schedule of attorney fees for services in co~mection with the collection of Accounts, which is hereby determined to be fak and reasonable compensation for the services set tb:'th below, all in accordance with the principals set tbrth in Section 3 (a. t) of the Municipal Ctairns La,,,,, as amended by Ac~ No. ii of 1996 (the" *".. Legal Services Initial Review m'~d send first demo_nd Letter & Title repo:t Fee For Services $ 200.00 File lien and send second demand letter; P:'e?a'e Writ of Sch'e Facias, File Writ Service of Writ by SherLt'~' $ 500.00 Prepa'e and mail letter under Pa. R. C. P, § 237.0t; Prepa'e Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Prepau'e Writ of Execution; Attendance at Sale; Review Schedule OI' Distribution and Resolve Distribution Issues Services not covered above: $1,975.00 Satisfaction of Municipal Lien Satisfaction of Jucl~m ~ er'it Review of Bankruptcy (i~clucling Proof of Claim) Motion for Relief fi'om the Automa~.ic Stay Motion tbr Special Set'vice Petition to Reassess Damages Forbeaz-ance Agreement All other services 40.O0 40.00 250.00 625.00 hfS0.00 275.00 200.00 125.00 per hour (b) The above amounts include an estimate of the reasonable out-of-pocket expenses of counsel m connection with each of these services, as itemized in the applicable counscI bills, which shall be deemed to be part of the fees. (c) The amota~t o:t' fees determined, as set forth above shall be added to the Authority's clairn m each account. 2. Collection Procedures. The following collection procedm'es a'e hereby established La accorda:ce with Act No. 1' At least thi."ty (30) days prior to assessing or imposing attorney fees in comlection with the collection of an Account, the Authority shall mail or cause to be ma/led, by certified mail. retm'n receipt request'ed, a notice of such intention to the rate payer or other entity liable for the Accom~t (the "Account Debtor' ,2002, If within thirty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Accom~t Debtor is refused or unclaimed or the retm'n receipt is not received, then at least ten (10) days prior to the assessh,.g 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. Ali notices required by this Resolution shall be mailed to the Accomlt Debtor's last known post office address as recorded m the records or other m/:0rmation of the Authority, or such other address as it may be able to obtah~ fi.om the Cotmty Office of Assessment sa~d Revision of Taxes. Each notice as described above shall include the fbi/owing: (i) ('iii) (iv) The type of tax or other charge, the date it became due and the amount owed, b~cludfl'~g penalty and i.r~terest; A statement of the Authority's intent to impose or a,sess atton~ey fees withh~ ttth'ty (130) days after the mailhxg of the fix'st notice, or within ten (I 0) days after the mailing of the second notice; The manner in which the assessment or imposition of attorney fees may be avoided by payment of the Account; and The place of payment for the Accounts and the n~e and telephone nmr~ber of the Authority official designated as responsible for the collection matter. Related Action. The proper officials of the Authority sa'e hereby authorized and empowered to take such additional action as they ma), deem necessary, or appropriate to implement this Reso lut ion. DULY ADOPTED By the Board the Silver Spri. ng Township Authority on June ATTEST: Secretm-y /,~ SILVER SPRING TOWNSHIP AUTHOPdTY Cha~-pef4/on 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION Plaintiff, No.: 03 -2016 MLD Vs. JAMERS L. ADAMS TERESA M. ADAMS Defendants. PRAECIPE TO SATISFY TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: Scott A. Die erick, 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. JAMERS L. ADAMS TERESA M. ADAMS Plaintiff, Defendants. CIVIL DIVISION No.: 03-2016 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that ~m~_e_a~nd~correct copy of the Praecipe to Satisfy was served on the following this ~-~ ~day of -~-~""~ --~ '~ , 2004, via First Class U. S. Mail, Postage Pre-paid: James L. Adams Teresa M. Adams P.O. Box 82 Franklintown, PA 17323 Lisa Greason Esquire 50 E. High Street Carlisle, PA 17013 Silver Spring Township Authority 6415 (Rear) Carlisle Pike Mechanicsburg, PA 17050 Respectfully Submi~ JAMES, SM~ By: t/ Scott ~. Attorney I.E :~ CONNELLY, LLP t~'7, Esq-uir¢ ~55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280