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Home My WebLink About03-39771N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHiP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. ROBERT C. REIDENBACH BARBARA C. REIDENBACH 77 W. MAIN STREET NEW KINGSTON, PA 17072 PARCEL# 38-19-1621-059 Defendants. CIVIL DIVISION 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 enfomement 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 Robert C. Reidenbach and Barbara C. Reidenbach. The property against which this claim is filed is known and numbered as 77 W. Main Street, Silver Spring Township, New Kingston, Cumberland County, Pennsylvania 17072. 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, 2002 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF August 13, 2003 Sewer Rents through 4th Quarter 2003 Penalties through March 3, 2004 Less payment (5-6-03) Attorney' Fees Court Costs and Fees TOTAL: $ 571.92 $ 65.63 ($ 140.00) $ 1,000.00 $ 2,025.00 $ 3,522.55 -,/ 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 & CONNEL~ sBcY~tt A/.~~dqu~re 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 Plaintiff, Vs. ROBERT C. REIDENBACH BARBARA C. REIDENBACH 77 W. MAIN STREET NEW KINGSTON, PA 17072 PARCEL# 38-19-1621-059 Defendants. C1VIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of ~,M. _uni~../Claim for Sewer Rents was served on the following this ['~ dayof [ c~]'yv'~/ , 2003, via First Class U. S. Mail, Postage Pre-paid: Robert C. Reidenbach Barbara C. Reidenbach 77 W. Main Street, P.O. Box 434 New Kingstown, PA 17072 Respect fully ~ubmitted: JAMES, S~CK & sBcY;tt A~D. i~;tt~e~ck, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY, LLP SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA tLESOLUTION NO. A-2002-02 A RESOLUTION APPROVENG COLLECTION PROCEDURES AND ADOPTING A SCH]EDULE OF ATTORNEY FEES TO BE ADDED TO TIlE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to, be fitir to al/rare payers of the Sihver S?rmg Township Authority (the "Authority"), il is necessary t'~r the Authority to recover promptly the amount of delinquent ether municipai cha'ges, and if necessary, t~'ough legal processing; and WHEREAS, in the past the amount recovered in suctx proceedings has been depleted by the cost of reasonable attorney f~s lactated by the Authority fl: the proceedi, ags, t,'qereby m~ing, ir. the case of smaller claims, enforcement not financially feasible; and WHEREAS, the General Assembly of Pe~msylvanJa has recently enacted, as a:~ amendment to the Mtuzicipal 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 tmpaid taxes and other murdcipal claLms, but orfly ff the murbcipality involved has approved by resolution a schedule of reasonable attorney fees; and '~¥q'dEREAS, the Authority has dete~,'mfl~ed that it is in trte best interest of aU the rate payers to have vigorous elz~'orcemen[ of all delinquent *nd other tmpaid chea'ges, utbiTmg the Frocedures set fc;rth in the: Act: ¥~EREAS, rite Authorlty has :'eviewed the subject of atlon~ey fees for colha:tion matters, ~d has determh~ed that the fees set forth in the schedule hereby adopted are reasona~ole ~ amotmt for the services hereto described. NOW THEREFORE, IT IS HEREBY ORDAINED ,~ND ENACTED by the Boazd of rite Silver Springs Townsldp Authority as Follows: 1. Schedtde of Fees. The Authority hereby approves the following schedule of attorney fees services in cmmection with the collection of Accounts, which is hereby determin~ to be furl' and reasonable compensation for the services set forth below, ali in accordance with the principals set tb~h in Section 3 (a.1) of the Municipa2 Claims Law as amended by Act No. i of 1996 (the "Act";: Legal Services Fee For Services Lnkial Review and send first demand Letter & Title report $ 200.00 File lien and send second demand letter; Prepa'e Writ of Sc/re Fadas, File Writ Service ~)~' Writ Dy Sheriff $ 500.00 Pre!hare and mail letter under Pa. R. C. P. § 237.01; Prep~u'e EnVy of Judgment, Notices, Pleadings and At~idavits $ 350.00 Prepm'e Writ of Execution; Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues $1,975.00 Services not covered above: Satisfaction of Municipal Lien Satisfaction of Judgment Review' of B aitk.ruptcy (h-~cluding Proof of Claim) Motion fo:' ReLief fi'om the &utomatic gtay Motion for Special Service Petition to, Reassess Damages Forbem'ance Agreement All other services $ 4O.0O $ 40.00 $ 250.00 $ 625.00 $ q-~.O0 $ 275.00 $ 200.00 $ 125.00 per ho The above amotmts include an estimate of the reasonable out-ef-pockel expenses of cotmsel in connection with each of these services, as itemized the applicable counsci bills, wi~ich shall be deemed to be part of the fees. (c) The amom~t of fees determined, as set forth above shall be added to the Authority's chun in each account. 2. Collection Procedures. The following collection procedm'es s:'c hereby established m accordance with Act No. 1: (a) At least th.My (30) days prior to assessing or hq~posing attorney fees hq com~ection with the collection of an Accom~t, the Authority shall mail ur 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 Accotu~t (the "Account Debtor") 2002. (b) If within t~2:'ty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Account Debtor is reBased or unclaimed or the retm'n receipt is not received, then at least ten (10) days prior to the assessfl,.g or m~Posing such attorney fees, the Authority shall mail or cause to be marled, by ltl'st class mail, a second notice to such Account Debtor. Ali notices required by this Resolution shah be mailed to the Accoun: Debtor's last ¼nown post office address as recorded m the records or o:her information of the Authority, or such other address as it may be able to obtafl~ from the County Office of Assessment and Revision of Taxes. (d) Each notice as described above shall include the lbllowing: (il) The type of tax or other charge, the date it became due and the amom~t owed, includi~:g penalty and ~terest; A statement of the Authority's intent to impose or assess attorney fees within thh-ty (30) days after the mailfl~g of the first notice, or within ten (10) days atter the mailing of the second notice: (iiX) 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 :md the nanre and telephone nmnber of the Author/fy official designated as responsible for the collection matter. Related Action. The proper officials of the Authority a'e hereby author2ed and empowered to take such additional action as they ma), deem necessary or appropriate to hmplement this Resolution. DULY ADOPTED By the Board the Sih, er Spring Township Authority on Jtme J~?q&, ATTEST: SILVER SPRING TOWNSHIP AUTHOFdTY Ch~il'pe}gon / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY Plaintiff, Vs. ROBERT C. REDENBACH BARBARA C. REDENBACH Defendants. C1VIL DIVISION No.: 03-5106 Civil Term No.: 03-3977 MLD PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIIUMADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: 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 TOWNSHI]? AUTHORITY : CIVIL DIVISION Vs. ROBERT C. REIDENBACH BARBARA C. REIDENBACH Plaintiff, Defendants. No.: 03-5106 Civil Term No.: 03-3977 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this ~[ ~"/~ day °f ~~& 2004' via First Class U' S' Mail, Postage Pre-paid: Robert C. Reidenbach Barbara C. Reidenbach 77 W. Main Street New Kingston, PA 17072 Respectfully Submittel~: j ES, SmXU, ~cott'~. Dietten'h~, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280