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HomeMy WebLinkAbout03-6656IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. CWIL DIVISION No.: MLD MICHAEL B. SCOTT MARSHAL. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 PARCEL# 38 -21 ~0289-081 Defendants. 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. Thc 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 Michael B. Scott and Marsha L, Scott. The property against which this claim is filed is known and numbered as 11 Bayberry Drive, Silver Spring Township, Mechanicsbnrg, 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: $ 1,290.90 $ 129.09 $ 1,000.00 $ 2,025.00 $ 4,444.99 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. (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~ By: Scott ~". ~, Eiqu~re 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 TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL B. SCOTT MARSHAL. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-21-0289-081 Defendants. CIVIL DIVISION No.: MLD CERTII~ICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Muoicipal Claim for Sewer Rents wasservedonthefollowingthis 7~'JlTP day of ,~)~ ,2003, via First Class U. S. Mail, Postage Pre-paid: Michael B. Scott Marsha L. Scott 11 Bayberry Drive Mechm~icsburg, PA 17050 Respectfully S ~t.~m)~ JAMES, ~ Scott A. Dietteri41~., Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY, ulre 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 THE AMOUNT COLLECTED AS PART OF MUNICEPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fak to ali rate payers of the SilYer Spring Townsttip Authority (the "AtVhority"), il i~ necessary t~'~r the Authority to reco~,e~ p~)mptly the amount of delinquent ~d ~)ther manici?,tl cha'ges, and if necessary, t~'ough legal processing; and WHEREAS, m the past the amount recovered m such proceedings has been depleted by the cc3st of reasonable attonxey fees incm'red by tile Authority in the proceedings, thereby maXing, in the case of smaller claims, enforcement not financially feasible; and WHEREAS, tl~e General Assembly of Pe~msylvap, ia has recently enacted, as an amendment to the Mmzicipal Claims ACt, Act No. 1 of 1996 (tire "Act"), which authorizes the adding of the amomlt of reasonable attorney fees aa~d costs the total payable with respect to tmpaid taxe.s and other municipal claims, but only [f the mtmicipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the Authority has dele;mined that ir is in the best interest of ag the rate payers to have vigorous e~forcement of ali delinquent ;md other tm?aid chea'ges, utilizing the procedures set forth in the Act; WHEREAS, tile Authority has xeviewed the subject of attorney fees for co/lection matters, ~d has determined that the fees set forth in the schedule hereby adopted a'e reasonable in amotmt for the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED ,~ND ENACTED by the Board of Silver Springs Township Authority as Follows: 1. Schechfie of Fees. The Auth. ority hereby approves the followiJ~.g schedule of attorney fees for services in coimection with the collection of Accotmts, which is hereby determZnect to be fak a~d reasonable compensation for the services set tbrth l~elow, all in accord,~mce with the principals set forth in Section 3 (a. t) of the Municipal Claims Law as amended by Act No. I of i996 (the "Act"): Legal Services Fee For Services Irdtial Review :md send first demand Letter & Title topoi1 $ 200.00 File lien and send second demand letter; ?repa'e Writ of Scire Fac/as, File Writ Service of Writ by Sheriff $ 500.00 Prepzn-e and mail letter under Pa. R. C. P. § 237.01; Prep~'e Entry of Judgment, Notices, Pleadings and Al:~'idavits $ 350.00 Prcp:u'e Writ of Execution; Attendance a~ Sa]e; Review Schedule Of Distribution and Resolve Distribution Issues $1,975.00 Services not covered above: Satisfaction of Municipal Lien Satisfaction of Judgment Review of Bamkruptcy (including Proof or'Claim) Mot/on for Relief fi'om the Automatic Stay Motion for Special Service Po,trion to Reassess Damages Forbeazance Agreement All other services 40.00 40.00 250.00 625.00 ¢SO,O0 275.00 200.00 I25.00 per ho tlr The above amotmts include an estimate of the reasonable out-of-pocket expenses of cotmsel m connection wffh each of these services, as itemized in the rtpplicab[e coun~cI bills, whicll ~hall be deemed ~o be pm't of the fees. The amom:t of fees determined, as set lb:lb above shall be added to the Authority's claim in each account. Collection Procedures. The fol/owing collection procedtu'es a'c hereby established in accordance with Act No. I: A~ least thhty (30) days prier to assessing or imposing attorney fees in com~ection with the collection of an Account, the Author2y shall mail ur cause to ~e mailed, by certified mail, retm'n receipt requested, a notice (~f such intention to the rate payer or other entity liable for the Accom~t (the "Accoum Debtor") If w/thin thirty (30) days after mailing the notice in accordance with subsection (al, the certifiecl mail to an Accom~t Debtor is refused or unclaimed or the retma~ receipt is not rec&vo.l, then at least ten (10) days prior to the assessflag or imposfl~g 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 Accounx Debtor's last known post office address as recorded m the re£ords or other int. ormation of the Authority, or such other address as it may be able to obtain from thc Com,ty Oi¥ice of Assessment and Revisi~,n of Taxes. (d) Each notice as described above shall include the Ibllowing: The type of tax or other ch~ge, the date it became due and the amount owed, including penalty and fllterest; (ii) A statement of the Authority's intent to impose or assess attorney fees within tlm-ty (30) days after the mailbag of the first notice, or within ton/,IO) days atler the mailing of the second notice; The manner m 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 trod the Ilanle and telephone number of the Authority official designated as responsible fox' 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 implement this Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on Jtme 2002. NFTEST: S~retm:~ ~ / SIL\rER SPRING TOWNSHIP AUTHOI~,iTY Chah pe/~on ~ ,/ IN THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL B. SCOTT MARSHAL. SCOTT Defendants. CWIL DIVISION NO,: 04-442 Civil Term NO,:03-6656 MLD PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Municipal Lien filed at the above - captioned term and number satisfied. By: sGo Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (71'7) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL B. SCOTT MARSHAL. SCOTT Defendants. CIVIL DIVISION NO.: 04-442 Civil Term NO.:03-6656 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this day of n,/L ,2004, via First Class U. S. Mail, Postage Pre-paid: Michael B. Scott Marsha L. Scott 11 Bayberry Drive Mechanicsburg, PA 17050 Respectfully Submi JAMES, SMITH, By: I;d~ETTERICK & CONNELLY, LLP / P.O. Box 650 Hershey, PA 170321 (717) 533-3280 ©