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Home My WebLink About03-40161N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. LAVERNA V. POWELL JAMES H. POWELL 367 RIDGE HILL ROAD CARLILSE, PA 17013 PARCEL# 38-19-1623-010 Defendants. CIVIL DIVISION No.: 03 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 Laverna V. Powell and James H. Powell. The property against which this claim is filed is known and numbered as 367 Ridge Hill Road, Silver Spring Township, Carlisle, Cumberland County, Pe~msylvania 17013. 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, 2002 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF ~kuRust 7. 2003 Sewer Rents through 4th Quarter 2003 Penalties through March 3, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 688,20 $ 63.09 $ 1,000.00 $ 2,025.00 $ 3,776.29 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 ~Y, LLP Scott A. Dietterick, Esquire 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. LAVERNA V. POWELL JAMES H. POWELL 367 RIDGE HILL ROAD CARLILSE, PA 17013 PARCEL# 38-19-1623-010 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Municip. al Claim for Sewer Rents was served on the following this i/J~/t7 day of ~~, 2003, via First Class U. S. Mail, Postage Pre-paid: Lavema V. Powell James H. Powell 367 Ridge Hill Road Carlisle, PA 17013 Respectfully S~bmjtted: JAMES, S~K & Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELL~ LLP SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY~ PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTIuNG A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOb~'NT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. ~ HEREAS, to be Stir to all rate payers ef tile Silver Spring TowiTship Auttxority (the "A~'~tiority";, it is necessary ~br tie Authority to recover promptly the amount of delinquent other municipal ch~'ges, and if necessary, tN'ong~ legal processing; and WHEREAS,/n the past the amom~t recovered in such proceedings has been depleted by tie cost of reasonable attorney fees incmTed by the Authority in tie proceedings, thereby re&ins, in the case of smaller claims, enforcement not financially feasible; and W%'EREAS, tl~e General Assembly of Pamsy!vama has recently enacted, as an amendme?.t '~o the Mu~ncipal Cia/ms Act, Act NO, 1 of 1996 (the "Act"), wNch authorizes the adding of the omo'ant of reasonable attorney fees az~d costs the total pa>able with respect to tmpaid taxes az~:l other murficipal clam~s, but only if the municipality involved has approved by resolution a schedule of reasonable attorney fees; ~d x3qiEREAS, the Authority has determined that ir is in the Dost mteresl of ail the rate payers lo have vigorot:s e:rkwcement of all delinquent ,q.nd other tn,paid chpa'ges, utilizing the procedures set forth m the Act; and WHEREAS, tlte Authority has ieviewed tlne subject of attorney fees for collex:tion matters, ~d has determined that the fees set forth in the schedule hereby adopted aa'e reasonable in amotmt .*'<~r the services hereto described. NOW THEREFORE, IT IS HEREBY ORDAIN~ED ,&ND ENACTED by tko Bom'd of Silver Springs TownsNp Authority as Follows: 1. $ched~fle of Fees. The Authority hereby approves the following scl,.edule of altomey tees for services ir. co~mectkm with tie collection of Accounts, which is hereby determined to be fat;' a~d reasonable compensation for the services set tbrth below, ail in accordance with the principals set tbr~h in Section 3 ia.l) of the Municipal Claims Law as amended by Act No. I of 1996 (the "Act">: Legal Services Fee For Services DJ[!al Review and send first demand Letter & Title repo:'t $ 200.00 File lien and send second demand letter; Prep?a'e Writ of Scf'e Facias, File Writ Service of Writ by Sheriff $ 500,00 Prepm'e and mail letter under Pa. R. C. P. § 237.0t; Prep:u'e Entry of Judgment, Notices, Pleadings and Affidavits $ 350,00 Prep~'e Writ of Execution; Artec:dance at Sale: Review Schedule Qt' Distribution apd Resolve Distribution Issues $I,975.00 Services not covered above: Satisfaction of Mtmicipal Lien Satisth~ction et' Judgment Review of B a~,~ruptcy (mclurling Proof of Claim) Motion for Roi/el fi'om the Automatic Stay Motion fo:' Special Service Petit/on to F, eassess Damages Forbearance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 625.00 $ ¢50.00 $ 275.00 $ 200.00 $ !25.00 per ho m- The above amora:ts inch~de 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, wlfich ~ha]] be deemed to be pax of the f~s. The amounr of fees determined, as set forth above shall be added to the Authority's clam~ in each account. 2. Collection Procedures. The following collection procedm'es a'e hereby established m acc~orda~ce with Act No. ~: At least thi:ty (30! days prior to assessing or intposmg atton'ney ~ees in com~ection with ~he collection of an Account. the Authorky shall mail or cause to be ma~ed, by certified mail. rettu'n receipt requested, a notice of such iatention to the rate payer or other entity liable for the Accom~t (the "Account Debtor") If witb2n t2~ty (30) days after marling the notice in accordance with subsection (a), the cer:ifi~ mail to an Account Debtor is refused or :reclaimed or the retm'n receipt is not received, then at least ten (10) days prior to He assessh~g or imposing such attorney fees, tt',e Autttority shall mail or cause to be mailed, by first class mail, a second notice to such Account Debtor. Ali notices required by tiffs Resolution shah be mailed to the Accouz~t Debtor's last }mown pos: office address as recorded m the records or other reformation of the Authority, or such other address as it may be able to obtah~ fi-om the Comity Office of Assessmeilt a~d Revision of Taxes. !d) Each notice as described above shall include the following: The type of t,'Lx or other charge, the date it became due and the amount owed, includLng penalty and in:erest; A statement of the Authority's intent to impose oi' a~sess atto~mey fees w~thia tlm'ty (303 days al:tm' the mailbag of the first notice, or w'~tt-&x ten (10) days oiler the mailing of the sex;ord notice: T~e 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 Accoaats and the name and telephone ntunber of the Authority official desi. gnated as responsible for the collection matter. 3. Rdated Action. The proper officials of the Authority are hereby authorized and empowered to t~tke such additional action as they may deem necessary or appropriate to impiement t~s Resolution. DULY ADOPTED By :he Board the Silver Spring Township Authority on Jtme t~tlJ<., ,2002, ATTEST: S~retary SILVER SPRING TOWNSHFF AUTHOP-,ITY Ckaii'pe!~s~n