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Home My WebLink About03-2017IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, pA 17050 Plaintiff, Vs. CURTIS L. MEIXNER 19 FIELDCREST DRIVE MECHANICSBURG, pA 17050 PARCEL# 38-23-0571-087 Defendant. CIVIL DIVISION MUNICIPAL CLAIM FOR SEWER RATE,q 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. 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 is Curtis L. Meixner. o o The property against which this claim is filed is known and numbered as 19 Fieldcrest 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 July 1, 2001 to and including the present. Rental Penalties Interest Collection Fee and Costs .AS OF~ December l0T 2003 Sewer Rents through 3rd Quarter 2003 Penalties through December 10, 2003 Attorney' Fees Court Costs and Fees TOTAL: $ 921.15 $ 140.86 $ 1,000.00 $ 4,187.01' 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. JAMES, SM/TH, DIETTERICK & CONNELL~ t~ [By: Sco 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. CURTIS L. MEIXNER 19 FIELDCREST DRIVE MECHANICSBURG, PA 17050 PARCEL# 38 -23-0571-0087 Defendant. CIVIL DIVISION No.: MLD CERT~ICATE OF SERVICE The undersigned hereby certifies that a true and correct copy °fthe Municipal Claim for Sewer Rents was served on the following this day of . , ,2003, via First Class U. S. Mail, Postage Pre-paid: Curtis J. Meixner 19 Field Crest Drive Mechanicsburg, PA 17050 Curtis J. Meixner 633 Congress Avenue New Cumberland, PA 17070 Respectfully Subj~aitted: JAMES, SM~~ & CONNELLY, LLP By: /W ~'~ Ig~ '" r Scott A. l~ie/tteri~er4~squire 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 SCItEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF i~IUNICIPAL CLAIMS FOR DELIN'QUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fair to all rate payers of the Si2ver Spring Townsh.ip Authority (the ".Authority"), ii is necessary for the Authority to recover prt)mptly the amount of delinquent and other municipal chaz'ges, and if necessary, ttu'ough legal processing; and WHEREAS, La the past the amount recovered in such proceedings has been depleted by the cost of reasonable attorney t~s incm'red by the Authority in the proceedings, tl~ereby m',,Lt:i~g, in the case of smaller claims, enforcement not £inancially feasible; and WT'tEREAS, the General Assembly or'Pekins lv ' , . amendment to the Mm ':'~ o~; ........... y ama has ~ecently enacted, a add~'~g of the amount of reasonable atton~ey fees and costs the total ?ayable with respect to .. ut~,_ al _~..,,,,~ .'*,.t, act INO, 1 ot 1996 ('the "Act"), wNch aUtt~oa[~es the. unpaid taxes and other mun/cipal clah'ns, but on]),, ff the. municipality involved has approved by resolution a schedule of reasonable attorney fees; and '¢,"/-/EREAS, the Authority has determined that it is i:~ the best interest of all the rate payers ~o have vigorous en/brcement of ali deli.nquent ,'md other tmpaid charges, uti/iz[ng the procedures set fon:h ir, the Act; and B~4EREAS, the Authority has ~'eviewed the subject of attorney fees for collection matters, ~d has determh~ed that [he fees set forth m the schedule hereby adopted are reasonable ir, amotmt 5)r the services hereto described. - NOW THERE. FORE, IT IS HEREBY ORDAINED ,zMND ENACTED by the Boa2-d of tt'~e Silver Springs Township Authority as Follows: 1. Schedule of Fees. !at) The Authority hereby approves the following scl~edule of attorney fees for services in co~mection with the collection of Accounts, which is hm'eby deterrained to be fa~' and reasonable compensation for the services set tb.,-th below, aH m accordance with the principals set tbrth in Section 3 (a. 1) of the Municipal C/a/ms La,,,,, as amendecl by Act No. 1 of 1996 (the "Act"): Legal Services In/rial Review and send first demand Letter & Title report Fee For Services $ 200.00 File lien and send second demand letter; P','epa'e W.,'it of Scfl'e Facias, File Writ Service of Writ by Sheril"f $ 500.00 Prepa-e and mail letter under Pa.. R. C. P. § 237.0I; Prepa'e Entry of Judgment, Notices, Pleadings and Affidavits 350.00 Prepaa'e Writ of Execution; Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues Services not covered above: $1,975.00 Satisfaction of Municipal Lien Satisfaction of Judgment Review of B atkruptcy (including Proof of Claim) Motion for ReLief fi'om the Automatic Stay Motion for Special Service Petition to Reassess Damages Forbem-ance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 625.00 $ q~.O0 $ 275.00 $ 200.00 $ I...,.00 per hour (b) The above amounts include an estimate of the reasonalole out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicabie counsci bills, wifich shall be deemed to be part of the fees. (c) The amotmt of fees de£ermined, as set forth above sl'~all be added to the Authority's claim m each account. Collection Procedures. The following collection procedm-es az'c hereby established in accorda2ce with Act No. 1' (a) At least thkty (30) days prior to assessing or in, posing attorney fees in com',ection with the col/ection of an Accomtt, the Authority shall mai/or cause to be ma/led, by certified mail. retm-n receipt requested, a notice of such intention to the rate payer or other entity liable for the Accom~t Cthe Account Debtor") . ,, ,20(/2. rb) If within t/srty (30) days after mailing the notice in accordance with subsection (a), the certified maii to an Accotmt 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 Author/ry. shall mail or cause to be mailed, by f/rst class mail, a second notice to such Account Debtor. (c) All notices required by this Resolution shall be. mailed to ~he Acc:omit D r, ebto~ s last Lnown post office address as recorded in the re~.:ords or other mr0rmation of the Authority, or such other address as it may be able to obtah~ from the Comity Office of Assessment c:,atd Rev/sion of Taxes. (d) Each notice as described above shaI1 include the tbl/.owing: (i) The type ct' tax or other charge, the date it became due and the amount owed, including penalty and U~terest; (ii) A statement of the Authority's intent to impose or assess attorney tees within th.My (30) days after the mailh:g of the first notice, or within ten (I0) days after the mailing of the second notice; ('iff) 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 munber of the Authority official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby author/zed and empowered to t~e such additional action as they ma), deem necessary or appropriate to implement this Resolution. DULY .M)OPTED By the Board the Silver Spring Township Authority on June / qC ATTEST: SIL'vrER SPRING TOWNSHIP AUTHOiq[Ty