The URL can be used to link to this page

Home My WebLink About03-6653IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SiLVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. CHRISTINE HORN 24 ASHBURG DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-18-1342-068 Defendant. : CIVIL DIVISION No.: ~ 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 I 1, 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 is Christine Horn. The property against which this claim is filed is known and numbered as 24 Ashburg Drive, Silver Spring Township, Meehaniesbnrg, 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 October 1, 2002 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: $ 540.89 $ 54.10 $ 1,000.00 $ 2,O25.OO $ 3,619.99 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. Pursuant to the Fair Debt Collection Practices Act, 15 U,S.C. § 1692 et seq. (l 977), 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, SM~I~ TH, DIETTERICK & By: 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 TOWNSH/P AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. CHRISTINE HORN 24 ASHBURG DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-18-1342-068 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 ~,4 'J~ day of ~..c~, ,2003, via First Class U. S. Mail, Postage Pre-paid: Christine Horn 24 Ashburg Drive Mechanicsburg, PA 17050 Respect fully ~ubmitted: JAMES, S~~E~CK & CONNELLY, LLP By: Attorney 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 ADOPTLNG A SCHEDULE OF ATTOR~NEY FEES TO BE ADDED TO TI-[E AMOUNT COLLECTED AS PART OF MUNICIPAL CLALMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, ~o be faS' '~o ail rate payers of ~lxe Silver Spring Townst'fip Authority (the "A[~thorily",~, il i~ necessary 2)r the Authority to recover ?r~>mprly the amount of deliaquent and m~nlci?ai chv. rges, and if necessary, ttu'ough legal ?recessing; and WHEREAS, fl'~ the past ttxe amount recoYered in such proceedings has been depleted by the c~st of reasonable atto~ey fees mCmTed by the Authority in ti~e proceedings, thereby making, m the case of smaller claims, enfvrcement not financially feasible; and g.TffEREA& the General Assembly of Pennsylvania has recently enacted, as an amendment to the Mtaficipal Cia/ms Act, Act NO. 1 of 1996 (tlte "Act"), wl2ch authorizes the adding of the arno':mt of reasonable attorney fees mid costs the total payable with respect to unpaid taxes and other municipal clam:s, but only il" the murdcipality involved has approved by resolution a schedule of reasonable attorney fees; and ~q{EREAS, the Authority has determined that it is in tl~e best interest of al/the rate ?aye:'s to have vigorous e;~orcement of all delknquem mud other m~paid chm'ges, utLlizi, ng the [,:'ocedures set fi;nh in the Act; and B2tEREAS, the AutSor~ty has ~eviewed the subject ef atto,they fees for coll~t~on matters. ~md has determined ~hat ~he fees ~et forth in the schedt~le hereby adopted are reasonable m ,'rnc~u~: for the services herein described. NOW THEREFORE, IT tS HEREBY ORDAINED ,'MND ENACTED by tt~.e Bo~'d et' Silver Spring~ Township Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the following schedule of atto:'ney tees for services in co~mection with the collection of Accounts, which is hereby detern'2ned to be fab' m:d reasonable compensation for the services set fbrth below, all in accord~ce with the principals set t'o~,1h in Section 3 (a.1) of the Municipal Claha:s Law as amended by Act No. 1 of 1996 (the "Act"): Legal Services Fee For Services lrJtial Review :md send first demand Letter & Title repoi~ $ 200,00 File lien and send second demand letter; Pre?:a'e Writ of Scfl'e Facias, File Writ Service of Writ by Sheril~' 500.00 Prepm-e m~d mail letter under Pa. R. C. P. § 237.01; Prep:u'e Envy of Judgment, Notices, P~ea~.mgs and Affidavits $ 350.00 ?rep;u'e Writ of Execution: Attendance at Sale; Review Schedule Of Distribution arid Resolve Distribution Issues $1,975.00 Services not covered above: Satisfaction of Mtm..icipal Lien Satisfaction of Judgment Review of Bar~-uptcy (inCluding Proof of Claim) Motion for Rebel fi'om the Automatic Stay Motion fo: Special Service Petition to Reassess Damages Forbearance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 625.00 $ ¢50.00 $ 275.00 $ 200.00 $ I25.00 per ~ou~ The above amounts include an estimate of the reasonable out-of-pocket expenses of cotmsel in connection with each of these services, as itemized in the applicable counsc! bills, which shall be deemed to be part of the fees. (c) The amotmt of fees detm'mmed, as set forth above shall be added to the Authority's clzmt m each account. 2. Collection Procedures. The following collection proccdm'es az'e hereby established m accordance with Act No. l: At least thi:'ty (30) days prior to assessing or imposing attorney t'ee~ in cormection with the collection of an Account, the Authority shall mail or cause to be mailed, by certified mail, retm'n receipt requested, a notice ef such intention to the rate payer or other entity liable for the Acco,~mt q,he *'Account Debtor") If withLrt thirty (30) days after mailing the notice in accorda~ce wi. th subsection (a), the certit'i~ mai/to an Accomxt Debtor is refused or unclaimed or the retm'n receipt is not rece~,ved, then at Zeast ten (10) days prior to ti~e assessh~g or m~pc, s/ng such attorney fees, the Authority shall mail or cause to be ma/led, by f~rst class mail, a second notice to such Account Debtor. All notices required by tiffs Resolution shal/be mailed to the Account Debtor's last }a'~own post office address as recorded m the records or other reformation of the Authority, or such otl~er address as it may be able to obtah~ fi'om the County Office of Assessment a~d Revisiou of Taxes. (d) Each notice as described above shall include the following: (i) The type of tax or other charge, the date it became due and the amount owed, i.ncludh~g penalty and )~terest: A statement of the Authority's intent to impose or a~sess attorney ~es witl~ff~ ti'fifty (.30) days after the mailh:g of the iff'st notice, or within ten (I0) days after the mailing of the second notice; (/ii) The manner m which the assessment or imposition of attorney fees may be avoided by payment of the Account; and The place of payment for the Accomnts trod the name and telephone nm'abet of the Authority official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby authorLzed and empowered to take such additional action as they may deem necessary or appropriate to Lmplement tiffs Resolution. DULY ADOPTED By the Board the Silver Spr:mg Township Authority on June )~ 2002. ATTEST: SILVER SPRING TOWNSHIP AUTHOF,/TY