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Home My WebLink About03-66511N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : GEORGE VANASDALAN 6594 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL# 38-18-1332-014 Defendant. CIVIL DIVISION No.: A)- I_1- / MLD MUNICIPAL CLAIM FOR SEWER RATES TO:PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, D1ETTERICK & CONNELLY, LLP, hereby flies 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. 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 flae payment &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 flied is George Vanasdalan. The property against which this claim is filed is known and numbered as 6594 Carlisle Pike, 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 January 1, 2003 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF December 23, 2003 Sewer Rents through 3rd Quarter 2003 Penalties through June 9, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 887.37 $ 88.73 $ 1,200.00 $ 2,025.00 $ 4,201.10 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 Resohition of Silver Spring Township Authority. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. 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, LLP Scott A. !Diet~erick, 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 TOWNSHI]? AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. GEORGE VANASDALAN 6594 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL# 38-18-1332-014 Defendant. 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 "~ day of J ~/ ,2003, via First Class U. S. Mail, Postage Pre-paid: George Vanasdalan 6594 Carlisle Pike Mechanicsburg, PA 17050 Respectfully ~ubmitted: JAMES, S~t, ~TE~CK & CONNELLY, LLP ARomey I.D.~55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A~2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTlaNG A SCt[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 all rate payers of the S~ver Spring Township Authority (the "Autl~orit)'), it is necessary 2~r the Authority to recover p~omptly the amount of delinquent m~d other municipal ch,u'ges, and if necessary, t~'ough legal processing; and WtfEREAS, m the past the amount recovered fl~ such proceedings has been depleted by the cc~st of reasonable attorney tkcs incm'rcd by the Authority/n the proceexJings, thereby making, m the case of smaller claims, enforcement not £inancially feasible; and WHEREAS, the General Assembly of Pennsyivarda has recently enacted, as an amendment to the Mu~zicipal Claims ACt, Act No. 1 of 1996 (tlte ~%ct"), which authorizes the addfl~g of the amount of reasonable attorney fees and costs the total payable with respect to tmpaid taxes aad other municipal claims, but onJy ff the municipality involved has approved by resolution a schedule of reasonable attorney fees; and W/4EREA$, the Authority has dorm-mined that it is in tl~e best interest of all the rate payers ~n have vigorous er~lbrcement of all delinquent ,'md other tmpaid chm'ges, utilizing the procedures set forth in the Act; :md WHEREAS, the Authority has ~eviewed the sub.jeer of attorney fees for collection matters, and has determined that the fees set forth in the schedule hereby adopted ;u'e reasonable in amount for the services hereto described. NOW THEREFORE, IT rS HEREBY ORDAJNED ,a~ND ENACTED by the Board of Silver Springs Townsldp Authority as Follows: 1. Schedule of Fees. The Authority hereby approves tP, e following sci~edule of attorney tees for services m colmection with the collection of Accotmts, which is hereby detemfined to be fai~' a~d reasonable compensation for the services set ~brth below, ali in accord~ce with the principals set forth in Section 3 (a. 1) of the Municipal Claims Law as amended by Act No. I of i996 (the "Act"): Legal Services Fee For Services LrlitiaI Review and send first dem~d Letter & Title repo~t $ 200.00 File lien and send second demand letter: Pre?a'e Writ of Scn-e Facies, File Writ Service of Wi'ir by Sheril"f $ 500.00 Prepm'e and mail letter under Pa. R. C. P. § 237.01: Prepm'e Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Prcpau'e Writ of Execution; Atte~ndance at Sale; Review Schedule OI Distributior~ and Resolve Distributiort Issues $1,975.00 Services not covered above: Satisfaction of MunJ. cipal Lien Satisfaciion of Judgment Review of Ba;xVa-uptcy (including Proof of Claim) Motion for Relief fi'mn the Automatic Stay Motion for Special Service Petition to Reassess Damages Forbem'ance Agreement All other services 40.00 40.0O 250.00 625.00 275.00 200.00 125.00 per hoar The above amom~ts inchlde an estimate of the reasonable out-of-pocket cx?enses of cotmsel m connect/on with each of these services, as itemized in the applicable com~scl bills, wifich ~ha[l be deemed to be pa't of the/kes. (c) The amotmt of fees determined, as set forth above shall be added to the Aulhority's claim m each account. 2. Collection Procedures. The fo[lowing collection procedmes a'c hereby established in accordance with Act No. I: (a) .At least thirty (30) days prior to assessing or imposing attorney fees in cmmecfion with the collection of an Account, the A~xthority shall mail or cause to be marled, by certified mail. return receipt requested, a notice of such intention to the rate payer or other entity liable for the Account (the "Account Debtor"5 If withi~l thirty (303 days after ma/ling the notice irt accordance with subsection (al, the certified mail to an Accomlt Debtor is refused Or unclaimed or the retm~ receipt is not received, then at least ten I. 10) days prior to the assessh~g or imposing such attorney fees, the Authority shall mai1 or cause tO be ma/led, by th-st class mail, a second notice to such Account Debtor. Ali notices required by tiffs Resolution shall be mailed to the Accotmt Debtor's last known post off/ce address as recorded in the re;ords or other U~t0rmatkm of tile Authority, or such oilier address as it may be able to obta/n l/rom the Cotmty Office of Assessment &!id Revision of Taxes. ~d) Each notice as described above shall include the ik~llowmg: '/?he type of tax or other ch~ge, the date it became due and the amo~mt owed, mcludfllg penalty and i~lrerest; A statement of'the Autl~ority's intent to impose or assess attorney tbes within tlth'ty I30) days after the mailh:g of the fu'st notice, witb_h~ ten (10) days after the mailing of the sex~ond notice; T'ne maimer h~ wiffch the assessment or imposition of attorney fees may be avoided by payment of the Account; and (iv) The place of payment fur the Accom~ts and the name and telephone number of the Authmdty official designated as responsible for the coLIection matter. 3. Related Action. The proper officials of the Authority are hereby authorked and empowered to t~d~e such additional action as they ma), deem necessary or apprc~priate to implement this Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on Jtme }(~qJm. ,20(!2. ATTEST: Se,.rettu'y SILVER SPRING TOWNSHIP AUTHOI.UTY Cha[l p~>s'on