The URL can be used to link to this page

Home My WebLink About03-5289IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. GARY E. DARR DEBORAH A. DARR 295 LOCUST POINT ROAD (Apartment) NEW KINGSTOWN, PA 17072 PARCEL# 38-19-1621-073 Defendants. CIVIL DIVISION No.: O3--~,,~a~ 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 Gary E. Darr and Deborah A. Darr. 5. The property against which this claim is filed is known and numbered as 295 Locust Point Road (Apartment), Silver Spring Township, New Kingstown, Cumberland County, Pennsylvania 17072. 6. 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 Seotember 30, 2003 Arrears through 2nd Quarter 2003 Penalties Less Payment Attorney' Fees Court Costs and Fees TOTAL: $ 585.41 $ 67.06 ($ 200.0O) $1,000.00 $ 2,025.00 $ 3,477.47 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~T' ;RICK & CONNELLY LLP Scott tick, 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 TOVq2qSHIP AUTHORITY : 6415 (Rear) CARLISLE; PIKE : MECHANICSBURG, PA 17050 : Plaimiff, : Vs. : GARY E. DARR DEBORAH A. DARR 295 LOCUST POINT ROAD (Apartment) NEW KINGSTOWN, PA 17072 PARCEL# 38-19-1621-073 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The tmdersigned hereby certifies that a true a~d. c~rect copy of thf/~pal_Claim for Sewer Rents was served on the following this i~V day of L-~ * ~ ,2003, via First Class U. S. Mail, Postage Pre-paid: Gary E. Dart Deborah A. Darr 295 Locust Point Road New Kingstown, PA 17072 Respectfully Submitted: JAMES, SI~TIt, DIETTERICK & CONNELLY, LLP sBcY~tt A. ~i~i~~ Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SILVER SPRING TOWNSHI[P AUTHORITY CUMBERLAND COUNTY,, PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO TIlE AMOL.~T COLLECTED AS PART OF MUNICG'AL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOLqNTS. WHEREAS, to be fair to all rate payers of tile Silver Spring Township Authority (the "Authority"), il is necessary t;:~r the Authority to recoYer pr~)mptly the amount of delinquent and (~ther municipal ch;u'ges, a~d ir' necessary, tba'ougln legal processing; and WHEREAS, in the past the amocmt recovered/n such proceedings has been depleted by the c:o< et r,~asoname attorney f~s incmTed by the Authority in the proceedings, thereby m'&ing, in the case of smaller claims, enforcement not fmancial!y feasible; and x3.~ffEREAS, the General Assembly of Pe:msylvania has recently enacted, as an amendment re the Mu:~icipal Cta;~ns Act, Act NO, 1 of 1996 (the "Act"), which authorizes the adding of the amount of reasonable attorney fees ~md costs the total payable with respect to t~npaid taxes and other mumcipal claims, but oaly if the municipality involved has approv~ by resolution a schedule ofreasonable attorney fees; and \',,'I4~EREAS, the Authority has determined that it is k~. the best ~terest of ail the rate ?aye:'s to have Cgoro us e:g'orcement of ali delinquent ~d other m~paid cha'ges, urLI;.yiag the p:'oceJures set forth in the Act; a~:d ~'~.%tEREAS. the Authority has ;eviewed the subject of attorney t~es for collectiol~ matters, ~d has determh2ed that the fees set forth in the schedule hereby adopted m'e reasonable in amotm: ,%r the services; hereto described. NOW THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Boa-d of ti:e Silver S?ringa T:~wrtsi[xip Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the followLng schedule of attorney fees for services in connection with the collection of Accounts, which is hereby determined to be laP' m~d reasonable compensation for the services set i-)nh below, all in accordance with the principals set forth in Section 3 (a. ! ) of the Munic:~?al Claims Law as amended by Act No. 1 of 1996 (the "Act"',: Legal Services Fee For Services Lnftial Review and send first demand Letter & Title repo;i $ 200.00 File lien and send second demand letter; Prepare Writ of Sch'e Facias, File Writ Service 0£ Writ 'cy SherLff $ 500.O0 Prepare and mail letter under Pa. R. C. P. § 237.01; Preptu'e Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Propa'e Writ of Execution; Attendance at Sa:e; Review Schedule Or' Distribution and Resolve Distribution Issues $1,975,00 Services not covered above: Satisfaction of Manicipal Lien Satisfaction of Judgment Review of Ba~uptcy (fl~cluding Prosf of Claim) Motion for ReLief fi'om the Automa'dc Stay Motion tbr Special Service Petition to Reassess Damages Forbearance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 625.00 $ q~.O0 $ 275.00 $ 200.00 $ 125.00 per ho~ 'b) The above amounts include an estimate of the reasonable out-of-pocket expenses of comnsel 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 amom~t of fees determined, as set forth above shall be added to the Authority's claim in each account. 2. Collection Procedures. The following collection proccdm-es a'e hereby established ;m accordamce with Act No. 1: (a) At least thh'ty (30) days prior to assessing or imposing attorney fees in copz~ection with the collection of an Accomm the Authority shall mail or cause to be marled, by certified mail, retm'n receipt requested, a notice of such. intention to the rate payer or other entity liable for the Accotmt (the "Account Debtor") ,2002, If within tDzty (30) days after mailing the notice in accordance with subsection <a), the cemfio."i mail to an Accom~t Debtor is refused or unclaimed or the retmn receipt is not received, then at least ten (10) days prior to the: assessing or imposing such attorney fees, the Authority shall mail or cause to be mailed, by first class mail, a second notice to such Account Debtor. Ali notices required by this Resolution shah be mailed to the Account Debtor's last l, mown post office address as recorded in the rezords o:' other mtormation of the Authority, or such other ad&'ess as it may be able to obtain from the Cotmty Office of Assessment ~d Revisk, n of Taxes. Each notice as described above shall include the following: The type of tax or other charge, the date it became due and the amount owed, including penalty and interest; A statement of the Authority's intent to impose or a~sess atturney lees withh~ thirty (30) days ares' the mailing of the first notice, or within ten (I0) days otter the mailing of the second notice; (iii) The manner in wNch the assessment or imposition of attorney fees may be avoided hy payment of the Account: and The place of payment for the Accoums and. :he name and telephone mu'nber of the Autho:ity official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby authorized and empowered to take suck, additional action as they ma), deem necessary or appropriate to implement t,his Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on June j&,t'.~ ATTEST: SILVER SPRING TOWNSHIP AUTHOI.UTY