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Home My WebLink About03-6654IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL T. PANDOLFI 3 MELLWOOD LANE MECHANICSBURG, PA 17050 PARCEL# 38 - 18-1328-050 Defendant. CIVIL DIVISION No.: ~3 - /t,&~'q 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 trader 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 flied is Michael T. Pandolfi. 5. The property against which this claim is filed is known and numbered as 3 Mellwood Lane, Silver Spring Township, Mechanicsbnrg, Cumberland County, Pennsylvania 17050. 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 October 1, 2002 to and including the present, Rental, Penalties, Interest, Collection Fee and Costs AS OF December 23, 2003 Sewer Rents through 3r~ Quarter 2003 Penalties through June 9, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 490.26 $ 49.O4 $ 1,000.00 $ 2,025.O0 $ 3,564.30 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. 7. 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 & CONNELL~ sBcY;tt ~D. 1/e~e~dret/ 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 TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE P]K_E : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : MICHAEL T. PANDOLFI 3 MELLWOOD LANE MECHANICSBURG, PA 17050 PARCELg 38-18-1328-050 Defendant. CIVIL DWISION 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 ~'~ dayof ~/~,,~,~ ,2003, via First Class U. S. Mail, Postage Pre-paid: Michael T. Pandolfi 3 Mellwood Lane Mechanicsburg, PA 17050 Respectfully S]~bmitted: JAMES, S~CK & Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELL~ LLP SILVER SPRING TOWNSHIP 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 TF[E AMOLrNT COLLECTED AS PART OF MUNICIPAL CLAEVIS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fak to all rate payers of the Silver Spring Township Authority (the WHEREAS, in the past the amount recovered in such proceedings has been depleted by tile cost of reasonable attorney fees mcmTcd by the Authority In lhe proceedings, thereby making, h~ the case of smaller claims, enforcement not financially feasible; atad WbqEREAS, tt~e General Assembly o f Pelmsylvania has recently enacted, as an amendment to the Mm~2cipal Claims Act, Act No. 1 of 1996 (the "Act"), which authorizes the adding of the amount of reasonable attorney fees a~d costs the total payable with respect to tmpaid taxes and other munkipal claims, but only if the municipality involved bas approv~ by resolution a schedule of reasonable attorney fees; and x,x.qq, ERE AS, the Authority has determined that it is in the best interest of ail the rate payers to have vigorous enibrcement of all del/nquent and other m'.paid ct,,~'ges, utilizing the pmcedm'es set ftmh in the Act; a~d BqtEREAS, the Authority has ieviewed the subject of attorney tkes for coL!ex'lion matters, amd has determined that the fees set tbrth in the schedule hereby adopted are reasonable in. amot~r~t for the services herein described. NOW THEREFORE, iT IS HEREBY ORDAINED ,&ND ENACTED by the Boa-d of ri:e Silve~ Springs Townsl~ip Authority as Follows: 1. Schedule of Fees. The At~thority hereby approx, es th.e followmg sci~edule of attorney fees for services in cmmectkm with the collection of Accmmts, wlxicb, is hereby detemm~ed to be faLr a~d reasonable compensation for the services set tbrth below, ali m accord~ce with the principals set forth in Section 3 (a. t) of the Municipal Claims Law as amei~ded by Act No. I of 1996 (the "Act"): Legal Services Fee For Services Isfitial Review m:d send first dcm,md Letter & Title $ 200,00 File liea and send second demand letter: ?repa'e Writ of Sch'e Facias, File Writ SCl'ViCe of Writ by Sheril2 $ 500.00 Prepa-e and mail letter under Pa. R. C. P. § 23'7.01; Prepare Entry of Judgment. Notices, Pleadings and AtI~davits $ 350.00 Prepare Writ of Execution; Attendance al Sale; Review Schedule Oi Distribution and Resolve Distribution Issues $1,975.00 Services not covered above: Satisfaction of Mtmicipal Lien Satisfaciicm of Judgment Review of Ba?acruptcy ~h~cluding Proof of Claim) Motio~ for ReLief fi:om the Automatic Stay Motion l'br Special Service Petition to Reassess Damages Forbea.rance Agreement All other services 40.00 40.00 250.00 625.00 ~50.00 275.00 200.00 125.00 per ho m- ! b) The above amotmts include an estmxate of the reasonable out-of-pocket expenses of cotmsel in connectton with each of these services, as itemized in the applicable core, sci bills, which shall be deemed to be pa-t of the fees. (c) The amotmt of fees determined, as set forth above shall be added to the Authority's claim in each accoum. 2. Collection Procedures. The fbllowing collectioi~ procedm'es a'e hereby established in accordm~ce with Act No, I: (a) At least th/xty (30) days prior to assessing or imposing attorney fees in com~ection with the collection of an Account, the Authority shall mail or cause to be ma/led, by certified mail, rettu'n receipt requested, a notice of such intention to the rate payer or other entity liable for the Accotmt (the "Account Debtor") If with~L~l tldrty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Accom~t Debtor is refused or lmclaimed or the retm'n receipt is not received, then at least ten (10) days prior to the assessing or impos/ng such attorney fees, the Authority shall mail or cause to be mailed, by ltl-st class mail, a second notice to such Account Debtor. Ali notices reqoired by th/s Resolution shall be mailed to the Accotmt Debtor's last known post office address as recorded m the re. eords or other miormation of tile Authority, or such other address as it may be able to obtain from the Com*ty Office of Assessment aid Revision of Taxes. (d) Each notice as described above shall include the tbllowmg: The type of tax or other ch~ge, the date it became dne and the amotmt owed, mcludh~g penalty and interest; (ii) A statement of the Authority's intent to impose or assess attorney t~es withfll thirty (30) days after the mailfllg of the fa'st notice, or within ten (10) days after the mailing of the sex-ond notice; The manner in wi'sch the assessment or imposition of attorney fees may be avoided by payment of the Account; and (.iv) The place of payment tbr tt~te Accom~ts trod the I1,.Tllle and telephone number ol the Authority official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby authorized and empowered to take such additional action as they ma), deem necessary or appropriate to implement this Resolution. DULY ADOPTED By the Boazd the Silver Spr~ng Township Authority on Jtme I~QJL. 20O2. ATTEST: / SILVER SPRING TOWNSHiFp AUTHORITY Chahp?~m 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : : Plaintiff, : Vs. : MICHAEL T. pANDOLDI Defendant. CIVIL DIVISION No.: 03-6654 MLD PRAECIPE TO SATISFY TO THE PROTHONOTARY: SIRfMADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: 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 CiVIL DIVISION Plaintiff, No.: 03-6654 MLD Vs. MICHAEL T. PANDOLDI Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a ~u~e and c_orrect copy of the Praecipe to Satisfy was served on the following this I ~-~2~ day of ~ , 2004, via First Class U. S. Mail, Postage Pre-paid: Michael T. Pandolfi 3 Mellwood Lane Mechanicsburg, PA 17050 Respectfully Subr~tte.d: JAMES, SMIT~[~~& CONNELLY LLP Scot(A.[Di'i'i~edck, Esqu' Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280