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Home My WebLink About03-5288IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE P1KE MECHANICSBURG, PA 17050 Plaintiff, Vs. GARY E. DARR DEBORAH A. DARR 295 LOCUST POINT ROAD (House) NEW K1NGSTOWN, PA 17072 PARCEL# 38 - 19-1621-073 Defendants. CIVIL DIVISION No.: g"~ - ~,,2~0o 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 nm~e 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. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed are Gary E. Dan' and Deborah A. Darr. The property against which this claim is filed is known and numbered as 295 Locust Point Road (House), Silver Spring Township, New Kingstown, 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 October 1, 2002 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF September 30, 2003 Arrears through 2nd Quarter 2003 Penalties Less Payment Attorney' Fees Court Costs and Fees TOTAL: $ 913.62 $ 91.37 ($ 200.00) $1,000.00 $ 2,025.00 $ 3,829.99 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, DI~ ~F~IC~ONNELLY, LLP By: Scott A. Die te~, Esqmre 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) CARLISLiE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : GARY E. DARR : DEBORAH A. DARR : 295 LOCUST POINT ROAD (House) : NEW KINGSTOWN, PA 17072 : PARCEL# 38-19-1621.-073 : 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 i-J~7 dayof ff '~ ,2003, via First Class U. S. Mail, Postage Pre-paid: Gary E. Darr Deborah A. Dan' 295 Locust Point Road New Kingstown, PA 17072 Respectfully ~ubmitted: JAMES, S~K By: /"~. ~ Scott A. 'i~ttc:~rick, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY, LLP SILVER SPRING TOWNSHI~ AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLIUTION NO..A-2002-02 A RESOLUTION APPROVLNG COLLECTION PROCEDURES AND ADOPTLNG A SCHEDL:LE OF ATTOPuNEY FEES TO BE ADDED TO TIlE AMOLLNT COLLECTED AS PART OF MUNICIPAL CLAIIVIS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fi~ir to ali rate ?dyers of the Silver' Spring Township Au[hority (the ".attt]to:'ity"), il is necessary for the Authority ~o ."ecover p.,'ompt!y the amount of delinquent and other manici?aI cha'ges, and if necessary, through legal processing; and WHEREAS, in the past the amount recovered in such proceedi~gs has been depleted by the cast of reasonable attorney f~s mom-red by the Authority in tt~e proceedings, tinereby m'Xing, in the case of smaller claims, enforcement not financially feasible; and V~7-1~REAS, the Oenea'al Assembly of Pe~znsylvania has recently enacted, as an amendment to the Mtuzicipal Cla~ns Act, Act NO. 1 at 1996 (ttxe "Act"), which authorizes the adding of the amount of reasonable attorney fees and costs the total payable with respect to m~paid taxes and other municipal claims, but only' if the municipality involved has approved by resoiution a schedule of reasonable attorney fees; and Yk'/-LEREAS, the Authority has dete~Tnined that it is in the best interest of aU the rate paye:'s to have vigorotrs e~orcement of alJ delinquent ,'md other unpaid charges, utiliziag the procedm'es set forth kn the Act; a~d WI-IEREAS. the Authority has ~eviewed tine subject o~*' attorney fees for coi/ection ma',rets, ,md has determined that the fees set forth in tine schedule hereby adopted are reasonable i.,~ amotm: for the services herein described. NOW THERE. FalSE, IT IS HEREBY ORb.KId, fED A.N'D ENACTED by the Bo~d of ti:e Silver Springs Township Authorit5 as Follows: i. Schedule of Fees. The Authority hereby approves t~e following schedule of attar'ney fees for services in cormection with the collection of Accounts, which is hereby determined to be faLv and reasonable compensation for the services set forth below, al/in accordance with the principals set ~brth in Section 3 (a. I) of the Municipa! Claims Law as americleci by Act No. 1 of 1996 (the "Act"): Legal Services Fee For Services Initial Review a~d send first demand Letter 8,: Title report $ 200.00 Fiie liex and send second demand letter; Prepa'e Writ of Sca'e Facias, File Writ Ser~ ice of Writ by Sheriff $ 500.00 Prepm-e and mail letter under Pa. R. C. P. § 237.01; Prepaze Entry of' Judgment, Notices, Pleadings and Affidavits $ 350.0O Prepa:'e Writ of Execution; Attendance at SaJe; Review Schedule O~ Distribution and Resolve Distribution Issues $1,975.00 Servioes DOt coveJ~ed above: Satisfaction of Mtm/cipal Lien Satisfaction of Judgment Review of Bararruptcy (including Proof of Claim) 5,lotion for Rebel fi'om the Automatic Stay Motior~ i'br Special Service Petition to Reassess Damages Forbearance Agreement All other services $ 40.0O $ 40.00 $ 250.00 $ 625.00 $ q~O.oo $ 275.00 $ 200.00 $ !25.00 per hour The above amounts include an estimate of the reasonable out-of-pocket expenses of counsel m connection with each of these services, as itemized m the applicable counscI bills, wl~ich shall be deemed to be pm't of the fees. (c) The amotmt of fees determined, as set forth above shall be added to the Authority's clam:, m each account. 2, Collection Procedures. The following collection proccdm'es aye hereby es:abiished (ia) At least thh'ty (303 days prior to assessing or imposing attorney fees in cormecl:ion with the collection of an Accom~.t, the Authority shall mail or cause to be mailed, by certified mail. retm*n receipt requested, a notice of such iatention to the rate payer or other entity liable for the Account (the "Account Debto?? ,b) If w!ithin t.b&'ty (50) days after mailing the notice in accordance with subsection <a), the certified maii to an Accom~t Debtor is refused or unclaimed oi' the retm'n receipt is not received, then at least ten (10) days prior to the assessh~g oi' imposing such attorney fees, the Author/ty shall mail or cause to be mailed, by first class mail, a second notice to such Account Debtor. All notices required by this Resolution shah be mailed to the Account Debtor's last J:mown post office address as recorded hi the re. cords or other ~i0rmation of the Authority, or such other ad. ch'ess as it may be able to obta5~ fi.om the Comity Office of Assessment a~d Revisio~ of Taxes. Each notice as described above shali include the following: (i) The type of tax or other charge, the date it became due and the amount owed, ix~cludh-~g penalty andmtere~,~,' '" A statement of the Authority's intent to impose o1' a~sess atton~ey tees w/.thm thirty (30) days after tke mailing of the first notice, or whhin ten (!0) days after the mailing of the second notice; (iii) 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 f~Jr tke Accou2ts ~nd the name and telephone number of the Authority official designated as responsible for the collection matter. Related Action. The proper officials of the Authority are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate [o ktn~iement tiffs Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on Jtme ]~',J'f',~ ATTEST: ,? SILVER SPRING TOWNSHIP AUTHOR/TY Chai~ pea;s/on /