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Home My WebLink About03-2018IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 PARCEL# 38-18-1346-010 Defendants. CIVIL DIVISION MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attomeys 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 Michael R. Whitehead and Jean Whitehead. The property against which this claim is filed is known and numbered as RD 1, 247 Ridge Hill 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 October 1, 2001 to and including the present. Rental~ Penalties, Interest~ Collection Fee and Costs AS OF December 10~ 2003 Sewer Rents through 3rd Quarter 2003 Penalties through December 10, 2003 Attorney' Fees Court Costs and Fees TOTAL: $ 595.49 $ 94.37 $ 1,000.00 $ 2,125.00 $ 3,814.86 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, SMITH, DIETTERICK & CONNELLY~~ By: ScottA. Die ' ~squire' 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. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 PARCEI_~ 38-21-0289-019 Defendants. CIVIL DIVISION No.: MLD 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 ~---/'l ~ dayof ~/]tj , 2003, via First Class U. S. Mail, Postage Pre-paid: Michael R. Whitehead Jean Whitehead RD 1,247, Ridge Hill Road Mechanicsburg, PA 17050 Respectfully Sul~mitted: JAMES, SM~CK By: /.w..'NJ_/,' V_V/ V Scott A. O~e0~e~re Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY, LLP SLLVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COL1NTY, PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTLNG A SCHEDLLE OF ATTORNEY' FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, t'o be. fair :o all rate payers ct' the Silver Spring Towns.hip Authority ('the "Authority"), ii is necessary fer the Authority to recover promptly the amount of delinquent and <her munici?a] cha~'ges, and if necessary, tl'u'ough legal processing; and WHEREAS, in the past the amount recovered in such proceedings has been depleted by the cost of reasonable attorney fees recto'red by the Authority in the proceedings, thereby mak/ng, m the case of smaller claims, enforcement not financially feasible; and WHEREAS, the General Assembly of Permsylvania has recently enacted, as an amendment to the Mmztcipal Claims Act, Act No. 1 of 1996 (the "Act"), wt'dch uchonzes the a ~' ' adding of the amount of reasonable attorney fees az~d costs the total payable with respect to m~paid taxes and other mum&pal clam~s, but only ii' the. murficipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the .Authority has determfl~ed that it is m the best interest of ail the rate payers t.o l~ave vigorous e~k')rcement of ali delinquent ,q_nd other tmpaid chm'ges, utiliz/.ag the procedm-es set forth m the. Act; and . ,WHEREAS, rite Authority has~-eviewed the sub'e ' , · . . ~.'n. atte~s, ~ nas determh~ed that {he fees set for~, ~- ,__9__c,t o! a, tto, me). tees fo~ col2ection m amomt toz the servzces herein described, ~e nmeby adopted are reasonable NOW THEREFORE, IT IS HEREBY ORDAINED ,'LND ENACTED by the Bom-d of ti'~e Silver Springs Towns?tip Authority as Follows: 1. Schedule of Fees. The Authority hereby approves the following schedule of attorney fees for services in co~mection with the collectkm of Accotmts, whicl~ is hereby detemzined to be fag' and reasonable compensation for the services set forth below, all in accordance with the principals set fmIh in Section 3 (a. 1) of the Municipal Clah'ns Law as amended by Act No. I of 1996 (the Legal Services Lnitial Review a~2d send first dem~d Letter & Title repo,,-t Fee For Services $ 200.00 File lien and send second demand letter; P,"epae Wril of Scire Facias, File Writ Service of Writ by Sheriff' $ 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 Prc?au'e Writ of Execution; Attendance at Sale; Review Schedule O~' Distribution and Resolve Distribution Issues Services not covered above: $1,975.00 Sans,actxon of Municipal Lien SatisI:action of Judgment Review of Batkruptcy (including Proof of Claim) Motion for ReLief fi'om the Automaic Stay Motion tbr Special Service Petition to Reassess Damages Fo:'bea'ance Agreement All other services 40.00 40.00 250.00 625.00 ¥~.00 275.00 200.00 $ I2.5.00 per hoar !'b) The above amounts include an estimate of the reasonable out-of-pocket expenses of cotmsel 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 amotmt of fees determined, as set forth above shall be added to the Authority's claim in each account. Collection Procedures. The following collection procedta-es a'e hereby established Lq accordaace with Act No. !: Ca) .At least thirty (30) days prior to assessing or m~posing attorney fees in co~mection with the collection of an Account, the Authority shall mai or .cause to be marled, by certified mail, retm'n receipt requested, a notice of such mt .... ion to the rate payer or other entity liable for the Account (the "Account Debtor") 2002. (b) If witkin t~&-ty (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 assesshug or imposing such attorney fees, the Authority shall mail or cause to be ma//ed, by first class mail, a second notice to such Account Debtor. ('c) Ali notices required by th. is Resolution shall be. mailed to the Account Debtor's last knov,,n post office address as recorded in the re~:cords or other m~¢rmation of the Authority, or such other address as it may be able to obtain from the Comity Office or' Assessment ~d Revision of Taxes. ('d) Each notice as described above shaI1 include the tbll.owing: ('i) The type ot:' tax or other charge, the date it became due and the amount owed, is~cludh~g penalty and/nterest; (ii) A statement of the Authority's intent to impose or assess attorney fees within ttfirty (30) days after the mailing of the first notice, or within ten (i0) days after the mail/rig of the S~ond notice; (ih) The nunner in wk/ch the assessment or imposition of attorney fees may be avoided by payment of the Account; and (iv) The place of payment for the Accou. nts and the nanae and telephone ntunber of the Author/ty official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority ~'e hereby autl'~orized and empowered to take such additional action as they ma), deem necessary or aparopriate to irnplement this Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on June ATTEST: SILVER SPRING TOWNSHIP AUTHO1L[Ty /