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Home My WebLink About03-6652IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSB'URG, PA 17050 : Plaintiff, : Vs. : H. STUART BIDDLE JANICE M. BIDDLE 14 WESTFIELDS DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-23-0571-080 Defendants. CIVIL DIVISION - t,4,, e;R,. 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 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. 4. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed are H, Stuart Biddle and Janice M. Biddle. The property against which this claim is filed is known and numbered as 14 Westfields Drive, Silver Spring Township, Mechaniesbnrg, 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: $ 995.75 $ 99.56 $ 1,000.00 $ 2,025.00 $ 4,120.31 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. 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, S~ITH, DIETTERICK & CONNE~ Scott A. Dietterick, Esquire Attorney for Plaintiff PA I.D. #55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : H. STUART B1DDLE JANICE M. BIDDLE 14 WESTFIELDS DRIVE MECHANICSBURG, PA 17050 PARCEI~ 38-23-0571-080 Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Municipal Claim for Sewer Rents was served on the following this '~'~ Z~0~7 dayof o~~/ , 2003, via First Class U. S. Mail, Postage Pre-paid: H. Stuart Biddle Janice M. Biddle 14 Westfields Drive Mechanicsburg, PA 17050 Respectfully Sqbmitted: JAMES, ~CK Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY, LLP SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY,, PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTLNG A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAEMS FOR DELINQUENT SANITARY SEWER ACCOL,rNTS. WHEREAS, to be fair to ali rate payers of the Silver Spring Township Authority (the "A~thority"). i', is necessary tk.r the Authority to recover promptly the amount of delinquent and other municipal cba'ges, and if necessary, t?u'ough legal processing; and WHEREAS, in the past the amount recovered fl-~ such proceedings has been depleted by the cost of reasonable attorr, ey thcs incmred by the Authority in the proceedings, thereby m~h'~g, in the case of smaller claims, enforcernent not financially feasible; and Yx,7-TEREAS, tl~e General Assembly of Permsylvanla has recently enacted, as an amendment to the Mmzicipal Claims Act, Act No. 1 of 1996 (the "Act"), which authorizes the adding of the amount of reasonab!e attorney fees and costs tt'~e total payable with respect to tmpaid taxes and other muni&pal claims, but only hr' the municipality involved has approved by resolution a schedule of reasonable attorney fees; and B."IJEREAS, the Authority has determined that it is in the best interest of ail the rate payers to have vigorous e~g'orcement of all delinquent ,'md other m'tpaid cha~'ges, ut.ilizing the ?roceduh-es set fomh in the Act; and V~TIEREAS, ti'to Authority has reviewed tine subject of attorney fees for collection matters, ~d has determined that the fees set forth in the schedule hereby adopted a'e reasonable in amot.mt for the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED ,&ND ENACTED by tJ,.e Bom'd of Silver Springs Township Authority as Follows: 1. Schedtfle of Fees. (a) The Authority hereby approYes the fei/owing schedule of attorney fees for services in cmmection with the collection of Accounts, which is hereby detennLned to be fair and reasonable compensation for the services set tb:'th below, all in accordance with the principals set forth in Section 3 (a. 1 ~ of the Municipal Clahns Law as amended by Act No. ~ of I996 (the "Act"): Legal Services Fee For Services IrAtial Review aad send first domed Letter & Title repo:~ $ 200.00 File lien and send second demand letter; Prepm'e Writ of Scfl'e Facias, File Writ Scrvice of Wri~ by Sher:Lff $ 500.00 Prepm-e and mail letter under Pa. R. C. P. § 237.01; Pre?ru'e Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Prepan'e Writ of Execution; Attendance at Sale; Review Schedule O1' Distribution a~rtd Resolve Distribution Issues $1,975.00 Services not covered above: Satisfaction of Mtmicipal Lien Satisfaction of Judgment Review of Ba:'&ruptcy (including Proof of Claim) Motion fo:' ReLief fi'om the Automatic Stay Motion fo:' Specml Service Petition to geassess Damages Forbeax'ance Agreement Ail other services $ 40.00 $ 40.O0 $ 250.00 $ 625.00 $ $ 275.00 $ 200.00 $ 125.00per hour (b) The above amora:ts flaclude an estimate of the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized the applicable counsci bills, width shall be deemed to be part of the fees. The amouat of fees determined, as set fo~lh above shall be added to the Anthority's claim m each account. 2. Collection Procedures. The following collection procedm'es ~:'e hereby established Z accordance with Act No. 1: ,',a) At least th/rty (30) days prior to assessing or imposing attorney fees in com~ection with the collection of an Account, the Authority shal2 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 Account (the "Account Debtor") If within thh'ty (30) days after mailing the notice in accordance with subsection <a), the certified mail to an Account Debtor is refused or unclaimed or the retm'n receipt is not received, then at least ten (10) days prior to the assessing or imposing such attorney fees, the Authority shall mail er cause to be mailed, by lb'st class mail, a second notice to such Account Debtor. Ail notices required by tiffs Resolution shall be mailed to the Accuunt Debtor's last known post office address as recorded in the records or other U~tormation of the Authority, or such other address as it may be able to obtain fi.om the Com, ty Office of Assessment ed~d Revision of Taxes. id) Each notice as described above shall include the fbllowing: The type of tax or other charge, the date it became due and the amount owed, 5~ciudh:g penalty and interest; A statement of the Authority's intent to impose oi' assess attorney t~es withh~ ttirty (30) days after the mailbag of the first notice, or within trax (I0) days atler the mailing of the second notice; (iff) 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 and the name and telephone nmnber of the Authority official designated as responsible for the collection matter. 3. 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 irnp!ement tiffs Resolution. DULY ADOPTED By the Board the Silver Spring Townsiffp Authority on June }~4~ 20(12. ATTEST: Secretm'y SILVER SPRING TOWNSHIP AUTHORITY 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY Vs. H. STUART BIDDLE JANICE M. BIDDLE Plaimiff, Defendants. CIVIL DIVISION No.: 03-6652 MLD PRAECIPE TO SATISFY TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: terick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHII~ AUTHORITY CIVIL DIVISION Plaintiff, No.: 03-6652 MLD Vs. H. STUART BIDDLE JANICE M. BIDDLE Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies ~q4~ ,2004, via First Class U. S. Mail, on the following this ~ dayofthat a ~t~-u~ and c°rrect c°py °f the Praecipe t° Satisfy was served Postage Pre-paid: H. Stuart Biddle Janiace M. Biddle P.O. Box 82 Franklintown, PA 17323 Robert P. Klein Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Respect futly Submitt~fl: [ /) JAMES, SMIT~~I.I~~'~P CONNELLY, LLP By: / ~A jr/!/ev szo .;tt · P.O. Box 650 Hershey, PA 17033 (717) 533-3280