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Home My WebLink About04-0038IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. DONALD J. VALOIS JANELLE M. VALOIS 11 ASHBURG DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-18-1342-115 Defendants. CIVIL DIVISION 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 flied. 4. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed are Donald J. Valois and Janelle M. Valois. The property against which this claim is filed is known and numbered as 11 Ashbnrg Drive, Silver Spring Township, Meehanicsburg, 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 3r~ Quarter 2003 Penalties through June 9, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 752.17 $ 81.78 $ 1,000.00 $ 2,025.00 $ 3,858.95 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 & CONNEL~ 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 COLrNTY, PENNSYLVANIA SILVER SPRING TOWNSHIF AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. DONALD J. VALOIS JANELLE M. VALOIS 11 ASHBURG DRIVE MECHANICSBURG, PA 17050 PARCEL~ 38-18-1342-115 Defendants. CiVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of t~e M _unici~_al~Claim for Sewer Rents was served on the following this '~'¢,ff ~ day of c~~ , 2003, via First Class U. S. Mail, Postage Pre-paid: Donald J. Valois Janelle M. Valois 11 Ashburg Drive Mechanicsburg, PA 17050 Respectfully[~ubm!tted: 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 ADOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMO[~T COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS, to be fair to ali ra~e payers of the Silver Spring Township Authority (the "Autl'~ority"), it is necessary tbr the Autkority to recover promptly the amo2nt of delinquent and municipal c~,u'ges, and if necessary, th'ough legal processing; and WHEILEAS, in the past the amount recovered in such proceedings has been depleted by the cost of reasonable attorney fees mere'red by the Auti~ority in. tl~e proceedings, tt~ereby making, in the case of smaller claims, enforcement not financially feasible: and WHEREAS, the General Assembly of Pe~msylvania has recently enacted, as an amendment to the Mmz/cipal 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 a~paid taxes attd other municipal claims, but on/y Lt' the n'mrdcipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the Authority has determined that it is Ln the best interest of al/the rate payers to have vigorous e~tt'orcement of all delinquent &nd other m~paid chm'ges, udlizmg the procedures set forth in the Act; and WHEREAS, the Authority has ;eviewed the subject of attorney fees lbr collection matters, amd has determh~ed that the fees set forth in the schedule hereby adopted are reasonable in amot~nt k>r the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED ,~ND ENACTED by the Boazd of Silver Springs Township Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the followmg schedule of attorney fees for services in comnection with the collection of Accmmts, which is hereby detem'dneA to be fair m'~d reasonable compensation for the services set fbrth below, ali ha accordance with the principals set forth in Section 3 (a.I) of the Municipal Claims Law as amended ~y Act No. 1 of 1996 (the "Act"): Legal Services Fee For Services Initial Review :md send first demcmd Letter & Title repro1 $ 200.00 File lien and send second demand letter; Prepm'e Writ of Scfl'e Facias, File Wrff Sm'vice of Writ by Sheriff $ 500.00 Prepa-e and mail letter under Pa. R. C. P. ~ 237.01; Prepm-e Entry o f Judgment, Notices, Pleadings and Affidavits $ 350.OO Prcpau'e Writ of Execution; Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues $1,975.00 Services no/covered above: Satisfaction of MtmScipal Lien Satist'action of Judgment Review of Bamkruptcy (including Proof of Claim) Motion for ReLief fi'om the Automatic Stay Motion tbr Special Service Petition to Reassess Damages Forbem'ance Agreement Ali other services 40.(10 40.00 250.00 625.00 ~.00 2'75.00 200.00 I25.00 per ho lit db) The above amotmls include an estimate of the reasonable out-ot:pocket expenses of cotmsel m connection with each of these services, as itemized in the applicable counsci bills, which shall be deemed to be part of the fees. (c) The amount of fees determined, as set forth above shall be added to the Authority's claim in each account. 2. Collection Procedures. The following collection procddm'es a'c hereby established in accordaJ~ce with Act No, 1; (a) At least thhty (30) days prior to assessing or imposing attorney ~ees in com~ection with the collection of an Account, the Authoriiy shall mail or cause to be mailed, by certified mail, rettu,n receipt requested, a notice of such intention to the rate payer or other entity liable for the Accom~t (the "Account Debtor") If w/thSn thirty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Accom~t Debtor is refused or t,mclaimed or the retm'n receipt is not received, then at least ten (i0) days prior tO the assesshhg or imposing such attorney fees, tl~e Authority shall mM1 or cause to be mailed, by f)'st class mail, a second notice to such Account Debtor. All notices required by tMs Resolution shah be mailed to the Account Debtor's last known post office address as recorded m the records or other inl. ormation of the Authority, or stich other address as it may be able to obta/n fi`om the Com'~ty Office of Assessment and Revisio~ of Taxes. Each notice as described above shall include the tbllowing: The type of tax or other chive, the date it became due and the umom~t owe;d, mcludh~g penalty and/nrerest; A statement of the Authority's intent to Unpose or assess attorney I~es withfl~ thh-ty (30) days after the mailfl~g of the fn'st notice, or withfl~ ten (i0) days aller the mailing of the second notice; The manner fl~ wi,Ach the assessment or imposition of attorney fees may be avoided by payment of the Account; and (iv) The place of payment for the Accouters :md the ilallle al]d telephone number of the Authority official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority ag'e hereby authorized 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 SprLng Township Authority on Jtme. }(~4'~L. ,20(/2. ATTEST: Secretary SILVER SPRING TOWNSHIP AUTHOFdTY Chaff pe.rffon / 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : CIVIL DIVISION Vs. Plaintiff, : Oq- 3)5 : No.: ^" '~^' ° MLD DONALD J. VALOIS : JANELLE M. VALIOS : Defendants. : 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: erick, 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 TOWNSHIP AUTHORITY Vs. DONALD J. VALIOS JANELLE M. VALIOS Plaintiff, Defendants. CIVIL DIVISION No.. O,,-,,~,~ 8 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Praecipe to Satisfy Municipal Lien was served °n the f°llowing this . '~/~ dayof.. ~q~'~,2004, via First Class U. S. Mail, Postage Pre-paid: Donald J. Valois Janelle M. Valois 11 Ashburg Drive Mechanicsburg, PA 17050 Respectfully Submitted: ott A. Diet e~ck-~, squire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280