HomeMy WebLinkAbout04-04421N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SILVER SPRING TOWNSHIP AUTHORITY
CIVIL DIVIS1ON
VS.
MICHAEL B. SCOTT
MARSHA L. SCOTT
Plaintif/~
Defendants.
NO.: 03-6656 MLD
TYPE OF PLEADING
CIVIL ACTION - WRIT
OF SCIRE FACIAS
FILED ON BEHALF OF:
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED WRIT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
~,'rTt)R~EY rt~PLAINT1FF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
6415 (Rear) Carlisle Pike
Mechanicsburg, PA 17050
AND THE DEFENDANT(S):
11 Bayberry Drive
Silver Spring Township Authority, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
StomA. Diet~fick, Esquire
Pa.I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717)533-3280
JAMES, SMITH, D1ETTERICK &
CONNELLY, LLP
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
11 Ba~ery~ Drive, Mechanicsburg, PA 17050
IN 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
Defendants.
CIVIL DIVISION
No.: 03-6656 MLD
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, yon must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
Toll Free (800) 990-9108
IN 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
De~ndants.
CIVIL DIVISION
No.: 03-6656 MLD
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar acc/on dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y tm fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
Toll Free (800) 990-9108
IN 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
Defendants.
CIVIL DiVISION
No.: 03-6656 MLD
TO: PROTHONOTARY
SIR/MADAM: Please issue a Writ of Scire Facias in the above~
By:
Scott A.~D~u[uireV
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
WRIT OF SCIRE FACIAS
TO: Michael B. Scott and Marsha L. Scott
WHEREAS, Silver Spring Township Authority, on December 30, 2003, filed its claim in
our Court of Common Pleas of Cumberland County at Municipal Claim No. 03-6656 MLD, for
the sum of $4,444.99, plus additional attorneys fees and costs incurred thereafter, for sewer rents
due the said Silver Spring Township Authority, said Claim filed against property owned by you
in Silver Spring Township, located at I 1 Bayberry Drive, Mechanicsburg, Pennsylvania 17050,
as more particularly described in said Claim, and said property being further described in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book
140, Page 1031, tax parcel #38-21-0289-081, owned or reputed to be owned by you;
AND WHEREAS, we have been given to understand that said Claim is still due and
unpaid, and remains a lien against the said property;
NOW, you are hereby notified to file your Affidavit of Defense to said Claim, if defense
you have thereto, in the Office of the Prothonotary of our said Court, within twenty (20) days
after the service of this Writ upon you. If no Affidavit of Defense is filed within said time,
Judgment may be entered against you for the whole Claim, and the property described in the
Claim be sold to recover the amount thereof.
P-ROTHONOTA]~Y~ (J ~-
SHERIFF'S RETURN -
CASE NO: 2004-00442 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SILVER SPRING TOWNSHIP AUTHORI
VS
SCOTT MICHAEL B ET AL
REGULAR
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says, the within YRIT OF SCIRE FACIAS
SCOTT MICHAEL B
DEFENDANT , at 1655:00 HOURS, on the
at 11 BAYBERRY DRIVE
MECHANICSBURG, PA 17050 by handing
CHRISTINE SHADE, ADULT IN CHARGE
a true and attested copy of YRIT OF SCIRE FACIAS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
3rd day of February , 2004
to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.21
Affidavit .00
Surcharge 10.00
.00
34.21
Sworn and Subscribed to before
me this /3 ~ day of
thonotary
So Answers:
R. Thomas Kline
02/04/2004
JAMES SMITH DIETTERICK CONNELL
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00442 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SILVER SPRING TOWNSHIP AUTHORI
VS
SCOTT MICHAEL B ET AL
KENNETH GOSSERT
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
3rd day of February , __
by handing to
IN CHARGE
together with
says, the within WRIT OF SCIRE FACIAS
SCOTT MARSHAL
DEFENDANT , at 1655:00 HOURS, on the
at 11 BAYBERRY DRIVE
MECHANICSBURG, PA 17050
CHRISTINE SHADE ADULT
a true and attested copy of WRIT OF SCIRE FACIAS
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit
Surcharge 10
16
00
00
00
00
00
00
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers
R. Thomas Kline
02/04/2004
J~ES SMITH DIETTERICK CONNELL
t
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SILVER SPRING TOWNSHIP
AUTHORITY,
VS.
MICHAEL B. SCOTT
MARSHAL. SCOTT
Plaintiff,
Defendants.
CiVIL DIVISION
NO.: 04-442 Civil Term
NO.:03-6656 MLD
PETITION TO REASSESS DAMAGES
AND NOW, comes Plaintiff, Silver Spring Township Authority, by and through its
attorneys, James, Smith, Dietterick & Connelly LLP, and files this Petition to Reassess Damages
as follows:
1. On or about December 30, 2003, Silver Spring Township Authority (hereinafter
"Plaintiff') filed a Municipal Claim for Sewer Rates ("Claim") against Michael B. Scott and
Marsha L. Scott (hereinafter "Defendant") real property located at 11 Bayberry Drive,
Mechanicsburg, Pennsylvania 17050 ("Real Property") in the amount of $4,444.99.
2. An action to collect the Claim by Plaintiff was commenced pursuant to a Writ of
Scire Facias ("Writ") issued on February 2, 2004.
3. Significant time has passed since the filing of the Claim to the date of next
possible SheriffSale, September 8, 2004. Defendant made a partial payment in an attempt to
cure the default, but has incurred additional, substantial, quarterly charges for sewer rents and
Plaintiffhas incurred additional legal fees and costs in pursuing its Claim which it is entitled to
recover from Defendant and the Real Property pursuant to Ordinance No. 85-9 of Plaintiff
attached as Exhibit "A" to Plaintiff's Claim.
4. If damages are not reassessed in favor of Plaintiff, Plaintiffcannot enter Default
Judgment sufficient enough recover the entire sewer rents and costs accrued if outbid by a junior
lienholder at the next possible Sheriff Sale, September 8, 2004.
5. The attorneys' fees and costs Plaintiff is entitled to recover is set forth in the
Resolution No.: A-2002-02 attached as Exhibit "B" to Plaintiff's Claim
6. The amount due and owing Plaintiff by Defendant through the September Sheriff
Sale, will be as follows:
Sewer Rents through 2nd Quarter 2004
Less payments
Penalties through September 8, 2004
Attorneys' Fees, Court Costs,
Sheriff and Title Costs to September 8, 2004
TOTAL:
$ 2,946.08
($ 550.00)
$ 225.11
$ 3,300.00
$ 5,921.19
WHEREFORE, Plaintiff, Silver Spring Township Authority, respectfully requests that
this Honorable Court issue a rule upon Defendants to show cause why the amount of Plaintiff's
damages should not be reassessed to $5,921.19 without prejudice to Plaintiff to request the Court
to reassess damages at any time hereafter, to allow Plaintiff to enter Judgment and Writ of
Execution in that amount.
Respectfully Submitted:
JAMES, SMI~}I~ DIETT_,~ICK
BY:
Scott A.~D~tt~s~uire
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN 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 foregoing Petition. for
a Rule to Show Cause to Reassess Damages and Rule were served on the following this ~'~J~17
day of '~v~. ,2004, via First Class U. S. Mail, Postage Pre-paid:
Michael B. Scott
I 1 Bayberry Drive
Mechanicsburg, PA 17050
Marsha L. Scott
11 Bayberry Drive
Mechanicsburg, PA 17050
DATE:
Respectfully Submitted:
JAMES, SMITIrI, DIETTERICK
CONNELLY//~~
BY:
A.
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Exhibit "A"
~ DOT/DB23WK/7-15-85/ddb ' - -
TOWNSHIP OF SILVER SPRING~
Cumberland County, [ennsylwania
ORD INA/~CE NO.
ORDINANCE
OF THE BOARD OF SUPERVISORS OF ~{E TOWlqSRtP OF SILVER
SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, IMI~OSING SEWER
REiqTALS OR CHARGES FOR USE OF ~IE SEWER SYSTEM TO BE
OPERATED BY THIS TOWNSRIP ~D FOR TREATM~ENT Of WASTES
DISCHARGED THERETO, UPON OWNERS OF ~M. PROVED PROPERTY WELCH
SHALL ~E CONNECTED TO SUCH SEWER SYSTEM; PROVIDING FOR
COLLECTIONS AND FOR FILING OF LIENS; REGULATING THE
DISCHARGE OF WASTEWATER AND INDUSTRIAL WASTES INTO SUCH
SEWER SYSTEM; AND ADOPTING CERTAIN RULES AND REGULATIONS AND
PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND RECU~ATIONS.
The Board of Supervisors of the Tow-~ship of Silver Spring, Cumberland
County, Pennsylvania, hereby enacts amd ordains as
SECTION 1 - DEFINITIONS
Unless the context specifically and clearly indicates otherwise,
meaning of terms and phrases used in this Ordinance shall be as follows:
A. "Authority" shall mean Silver Spring Township
Authority, a municipality authority of the Commonwealth.
B. "Co~monwealth" shall mean the Commonwealth of
Pennsylvania.
C. "Industrial EstablishmenC' shall mean any room,
group of rooms, building or other enclosure connected,
directly or indirectly, to the Sewer System and used or
intended for us,, in whol~ or in part, i~ th~ operation of a
the
business enterprise for manufacturing, processing, cle~ninE
laundering or assembling any product, commodity or article.
D. "Industrial Wastes" shall mean any solid, liquid or
gasious substance or form of energy rejected or escaping iQ
the course of any industrial, manufacturing, trade or
business process or in the oourse of tho development,
recovery or processing of natural resources.
E.
group of
"Nonresidential Establishment" shall mean any room~
rooms, building or other enclosure connected,
directly or indirectly, to the Sewer System, including
institutional dormitories and Industrial Establishments,
which do not or does not constitute a Residential
Establishment.
P. "Owner" shall mean any Person vested with
ownership, legal or equitable, sola or partial, of any
Residential Establishment, Nonresidential Establishment or
Industrial Establishment which shall be connected, directly
or indirectly to the Sewer System.
C. "Person" shall mean any individual, partnership,
company, association, society, corporation or other group or
entity.
H. "Residential Establishment" shall mean any room,
group of room~, house trailer, huilding or other enclosure
connected, directly or indirectly, to the Sewer System and
occupied or in~ended for occupancy as separate living
quarters by a family or any other group of Persona living
together ~r %7 a Person or Persons living alone, excluding
institutional dormitories.
I. "Sewer" shall mean any pipe or conduit constituting
a part of the Sewer Syste~ and used or usable £~r sewage
collection purposes.
0. "Sewer System" shall mean all facilities, as of any
particular time, for collecting, pumping, transporting, and
disposing of Wastewater to be acquired or to ba constructed
and to be owned and operated by the Township or to be owned
by the Authority and to be leased to the To~ship for
maintenance, operation and use, as the case may be.
,K. '~Townahip" shalI mean the Township of Silver
Spring, Cumberland County, Pennsylvania, acting by end
through its Board of Supervisors or in appropriate cases,
its authorized representative.
L. "Transportation Facilities" shall ~ean facilities
for transportation of sewage and waste to any Treatment
Plant and through which sewage and wastes from the Sewer
System ara transported.
M. "Treatment Plant" shall mean with respect to any
portion of the Sewer System~ the sewage treatment plant and
related facilities including sewage transportation
[acilities, owned by the Townahip, the Authority or any
other Person, to which Wastewater ia discharged from such
portion of the Sewer System for ultimate treatment and
disposal,
N, ~'Waatewa[er" shal~ mean
0, "Water Supplier" shall mean any Person,
but no: limited to the Autho:ity or the Township,
water service lo the public in the Township.
normal water-carried
Industrial Wastes,
including
rendering
SECTION 2 - SEWER RENTA£S OR CHARGES
Sewer rentals or charges ar~ imposed upon and shall be collscted from
the Owner of each Residential Establishment, Nonresidential Establishment and
Industrial Establishment whiah shall be connected with the Sewer System, fo: use
of the Sewer System and for services rendered in connection therewith, whether
such use shall be direc~ or indirect, and shall be payable in the amounts, at
the times and in the manner aa provided in this Ordinance,
SECTION 3 ~ COMPUTATION OE SEWER RENTALS OR CHARGES
A. $ewersd Residential Establishments and Nonresidential
Establishments: Ali Owners of sewered Residential Establishments and
Nonresidential Establishments shall pay a sewer rental based upon the actual
metered water consumption, with exceptions as .hereinafter noted. All sewer
rentals based upon metered water consumption shall ba computed in accordance
with :he following rates:
Water Consumption
Gallons per Qua. fret
First 9,000 (or any
lesser amount)
Over 9,000
Rental Rate per
Quarter
Residential
Establishments
$50.00
$4.50 per 1,000
gallons
Rental Rate per
Quarter
Nonresidential
Establishments
$75,00
$4.50 per 1,000
gallons.
The volume
aubsection shall include any and all water obtained from any Water
any other private or public water source.
Ail Owners of aewered Residential Establishments
Establishments having an unmetered water source shall pay a
of water to be used for billing sewer rentals under this
Supplier or
and Nonresidential
sewer rental on the
basis of
shall be not less
B.
Estsblishments~
o~iginat~ in
Establishment
newer rentals
volums of water as estimated o'r measured by the Township which rental
than $75.00 per quarter.
Multiple Residential Establishments and No~residentia.__l
In the case of Owners of property from which Wastewaters
more than one Residential Establishment and/or Nonresidential
lo:ated on the property end are dis:barged to the Sewer System,
shall be computed, for each individual Besidential Establishment
and/or Nonresidential Estsbliskment as set forth in subsection A end, Ss may'be
applicable, subaections C and D of this Section 3. Individual sewer rentals
thu~ computed for each Residential Establishment or Nonresidential Establishment
shall be totaled for purposes of determining the aggregate sewer rental billing
to the Owner.
C.
Sewer System:
Sewered Nonresidential Establishments That Exclude Wastewater from
Exclusion from the Sewer System of nonaontaminated Wastewater may
ba required of a Nonresidential Establishment by the Township, or such exclusion
may be optional with. the Owner if not required by the Township, When such
Wastewater is exoluded, or when any other portion of the water consumptiou of a
Nonresidential Establishment does not reach ~he Sewer System, sewer rentals
shall be based upon total water consumption, less water excluded, as set forth
under subsection A and, SS may be applicable, as set forth in subsection E of
~his Section 3. Water excluded shall be determined from meters installed and
maintained by the Owner as required and approved by the Township; from estimates
made by the Township; or the Owner may elect to measure Wastewater volumes
actually discharged to the Sewer System as hereinafter provided.
The Township may require the C~ner of an Industrial Establishment, or
the Owner of an Industrial Establishment may elect, to install, pay for, and
maintain a meter approved
volumes' discharged to the
based upon the
under subsection A of
sewer rental for such
quarter.
~D, Minimum
by the Tow~nship for measuring quarterly Wastewater
Sewer System, in which case sewer rentals shall be
actual volume of Wastewater so metered and the rates set forth
this Section 3. Pending installation of such meter the
Industrial Establishment shall be not less than $200 per
Sewer Rentals: Notwithstanding any other provisions
contained herein, all Owners of metered or nonmetered Residential Establishments
connected to the Sewer System shall be required to pay a minimum sewer rental of
$50.00 per quarter, and all Owners of metered or nonmetered Nonresidential
Establishments connected to the Sewer System shall'be required to pay a minimum
Sewer rental of $72,00 per quarter,
E. Additional Classifications: Additional classifications and sewer
rentals or modifications of the above schedule of sewer rentals may be
established by the Township from time to time as deemed necessary.
F. Special Agreements: No~hin~ herein contained shall ba deemed ~o
prohibit this Township from entering into separate agreements with Owners
f4nml,,M4n~ .nv achn~l~ with resoect to sewer rentals or charges to be imposed in
those cases where, due to Seasonal fluctuations or other unusual
the sewer rentals or charges set forth herein shall be deemed by
to be unfair or inequitable,
cir¢~stanees,
this Township
SECTION 4 - TI_ME AND M~THOD OF PAYMENT
A. All sewer rental billings shall be rendered
8ervica provided for calendar quarter service periods
in arrears of the
on March 1, June 1,
September 1. and December I of each year a property is connected to the Sewer
System. Billings in arrears shall be rendered quarterly for the quarterly
periods ending on the last days of February, May, August, and November of each
year. Sewer rental billings under subsection A and B or subsections C and E, of
Section 3, as may be applicable, shall be based upon water consumed during the
quarterly water service period immediately preceding the quarter in which the
8ewer billing is rendered. Owners of property connected to the Sewer System for
only a portion of a calendar quarter shall pay a prorata sewer rental for the
period of time actually connected during the quarter, All sewer rental billings
shall be due and payable upon presentation and, if not paid within fifteen days
from the date of billing, a penalty of six percent shall be added.
B. Sewer rentals or charges shall be due and payable upon the
applicable billing date, at the office of the Treasurer of the Township, or at
such other location aa the Township may designate, and the appropriate amount,
computed in'accordance with this Ordinance,' shall constitute the net bill.
C. The Owner of any Residential Establishment, Nonreside~tial
Establishment or Industrial Establishment which ia connected to the Sewer System
initially shall provide the Township with, and thereafter shall keep the
Township advised, of the correct address of Such (>wrier. Failure of any Person
to receive quarter annum bills for sewer rentals or Charges ~hal% not be
considered an excuse for nonpayment, nor shall such failur8 result in
extension of the period of time during which the net bill shall be payable.
SECTION 5 - LIENS FOR SEWER RENTALS; FILING
AND COLLECTION OF LIENS
Sewer rentals or charges imposed by this Ordinanc. shall be a
upon the property connected to and served by the Sewer System cod any such sewer
rentals or charges which are not paid in accordance with this Ordinance, at the
discretion of this Township. shall be filed as a lien against the property
connected to and served by the Sewer Syste~, which lien shall be filed i~ the
appropriate office of the County of Cumberland, Pennsylvania, as provided by
law, and shall be collected in the manner provided by law for the filing and
collecting of municipal claims.
SECTION 6 - PROMIBITED WASTES
A. No Person shall discharge or shsll cause to be discharged any
storm water, surface water, sprlng water, ground water, roof runoff, subsurface
drainage, building foundation drainage, cellar drainage or drainage from roof
leader Connections into any Sewer.
B, The Township ~e~erves the right to r~fuse permission to connect to
the Sewer System, to compel dis¢on~inuance of use of the Sewer System,' or to
compel pretreatment of Waatewater by any Industrial Establishment in order to
prevent discharges deemed harmful, or to have a deleterious effect upon any
portio~ of the Sewer System, Transportation Facilities or any Treatment Plant.
C. Where necessary, in the opinion of the Township, the Township may
the Owner of an Industrial Establishmen~ to provide, at such Owner's
such faci~ltie~ for preliminary ~rea~ment of Industrial Wa~te~ as
%e necessary to reduce obJectional charscteris=ies or constituents of such
Industrial Wastes in order to bring the same within the m~ximum limits permitted
in this Ordinance and to control the quantities and rBtes of discharge of such
Industrial Wastes over a twenty-four (2&) hour day and a seven (7) day w~ek.
Plans, specifications and any other pertinent information relating to
proposed facilities for preliminary treatment and handling ~f Industrial Wastes
shall ba submitted for approval of the Township; end no construction of any such
facility shall he oo~enced until approval thereof first shall have been
obtained, in writing, from the To~'aship, and until approval thereof first shall
have been obtained from any governmental regulatory body having Jurisdiction.
Whenever facilities for preliminary treatment and handling of
Industrial Wastes shall have been provided by any Owner, such facilities
continuously shall ba maintained, at the expense of au=h Owner, in satisfactory
operating condition; and the Township shall have access to such facilities at
reaaonabie times for purposes of inspection and testing.
SECTION ? - REGULATIONS ~OVEP, NINO ADMISSION OF
INDUSTRIAL WASTES INTO THE SEWER SYSTEM
A, Any Person desiring to make or to use a connection to the Sewer
Sy~te~ through which Industrial Wastes shall be discharged into the Sews: System
shall file with the Town~hlp an application for a permit and such Ferson also
shall supply to th~ Township pertinent data, including e~timated quantities of
flow, eharacteristio~ and constituents, with respect to Industrial Wastes
proposed to be discharged into the Sawer System and shall obtain a written
permit from thc Township to do so before making or using such connection. The
oat of obtaining all such data shall be borne by the Person desiring to make o:
to use such a connection to the Sewer System,
B. Any Person who shall discharge Industrial Wastes into the Sewer
System, when required by the Township, shall construct, at the expense of such
Person, and thereafter properly shall maintain, at ~he expense of such Person, a
suitable control manhole and other devices as shall be approved by :he Te~ship
and sampling by :he Town~hip of
to facilitate observation, measurement
Wastewater discharged to the Sewer System,
Any such control manhole, when required by :he Township, shall be
constructed, at an accessible, safe, suitable and satisfactory location, in
accordance with plans to be approved by the Township prior :o commencement of
construction.
C, Industrial Establishments shall install fine screens to remove
~usks, hull, vegetable skins, peelings, threads, lint, grease and other such
non-settleabie and floating solids, or other organic or inorganic substances,
determined by :his Township, or the Authority to overload, impair the efficiency
of or cedes difficulties in operation of the Sewer System, Transportation
Facilities or any Treatment Plant.
D. Any Owner of an Industrial Establishment who is discharging or
permitting to be discharged Industrial Wastes into the Sewer System and who
contemplates a change in the method o~ operation which will alter the type of
Industrial Wastes at the time being discharged into th~ Sewer System shall
notify this Township, {n writing, at leas: ten (10) days prior to consum~matiou
of such change so tha~ this Township may sample the Industrial Was~es
immediately after such change takes place in order to make the de~erminatioms
provided for or required by this Ordinance.
SECTION 8 - ACCESS
The Township, or its duly authorized representatives, shall have the
right of access, at all reasonable times, to any part of any and all properties
served by the Sewer System as shall be required for purposes of inspection,
observation, measurement, eampling and testing and for performance of other
functions relating to service rendered by the Township through the Sewer System,
SECTION 9 - MEASURING DEVICES, METER
RF2%DINGS ~qD ACCESS
A. Meters or other measuring devices whioh shall not ba provided in
oonnection with the operations by any Water Supplier, but which shall be
required or permitted under provisions of this Ordinance, shall be furnished and
installed by th~ Owner of the Residential Establiahm~m~ of No~residential
Establishment at his expense, shall be under the control of this Tow'ash~p and
may be tested, inspected or repaired by this Township whenever necessary. Such
Owner shall be responsible for the maintenance and safekeeping of such meter or
other measuring device and all repairs thereto
such O~ner, whether such repairs shall be made
tear or other causeS. ~ills for such repairs,
shall be made at the expense of
necessary by ordinary wear and
if made by this Township, shall
be due and payable immediately upon completion of such repairs and shall be
collected in the game manner as quarterly bills for sewer rental or charges.
B. The Township shall be responsible for the reading of all meters or
other measuring devices and the same shall be available to employees and agents
of ~ha Township at all reasonable times.
C, RepreSentatives of the Township shall have the right of access at
reasonable times to any part ~f any property served by the Sewer System and Shy
.stere used for purposes of establishing or determin£ng volumes for purposes of
this Ordinance.
SECTION 10 - ADDITIONS TO AND C~ANGES OF SEWER
RENTALS OR C}~RGES; ADOPTION OF ADDITIONAL
RULES AND REGULATIONS
A. This Towr~shlp reserves the right to adopt and promulgate, from
time to time, additional classifications and sewer rentals or charsea therefor,
or imodificstions of the schedule of sewer rentals or charges as set forth in
this Ordinanoe, which additional classifications and sewer rentals or charge~
or modifications, as the case may be, shall be construed as a part of [his
Ordinance.
B. This Township reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and proper in
connection with uae and operation of the Sewer System, which rules and
regulations shall be, shall become and shall be construed as part of this
Ordinance.'
SECTION Il - EFFECTIVE DATE
This Ordinance shall become effective in accordance with law.
SECTION 12 - CONSTRUCTION AND SEVERABILITY
In the event any provisions, section, sentence, clause or par~ of this
Ordinance shall be held to be invalid, such invalidity shall not affect or
impair any ~emaining provision, section, sentence, clause or part of this
Ordinance, it being the intent of the Township that Auch remaind.r shall be and
shall remain in full force and effect.
SECTION
It ia declered that enactment of
protection, benefit and preservation of
inhabitants of thru Township.
13 - DECLARATION OF FURPOSE
this Ordinance is necessary for th~
the health, safety and welfare of
SECTION 14 - REPEALER
All ordinances or parts of ordinances or resolutions or part~ of
resolutions which shall be inconsistent herewith expressly shall be and are
repealed; Provided however, that provisions of any ordinance or resolution
heretofore enacted or adopted, establishing sewer rental rates or charges for
sewer facilities owned and/or operated by this Township, shall be applicable for
services rendered by the Sewer System until Section 2 and Section 3A hereof
become effective.
DULY ENACTED AND ORDAINED, this 2~th day of July, 1985~ by the Board
of Supervisors of the Township of Silver Spring, Cumberland County,
Pennsylvania, in lawful session duly assembled.
ATTEST:
(SZkn)
TOWNSHIP OF SILVER SPRING,
Cumberland County, Pennsylvania
,.~irman of the Board 6f Supervisors
Exhibit "B"
S1LYER SPRING TO¥¥NSH[P AUTHORITY
CUMBERLAND COUNTY, PENNSYLVANIA
RESOLUTION NO. A~2002-02
A RESOLUTION APPROVING COLLECTION PROCEDURES AND
-XDOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO
TIZEE AMO'LL?gT COLLECTED AS PART OF MUNICIPAL CLAIMS
FOR DELINQUENT SANITARY SEWER ACCOUNTS.
YVHERJS.\S. to be fak,' re all rare Dayei's oi [he S~x.'cr Spring Township Authori[} {the
necessary tbr d~e Authority to recovc~ pmmprly [he ~llDOtln[ ofdelLaqucnt and
WHEKEAS, La the past the amount recover'ed in such proceedings has been deple[ed by
the cost of t'e:~.som~ble attonney fees mcu.n-ed by ihe Authori[y in li~e proceedings, dt~reby
m~:i~g, m [he case of smalle~' claims, enforcement nol financ/alJy feasible: and
',~,~4EREAS, the General Assembly of PennsyNania has recently enacted, as an
:tmendment to the Mra'Acipal Claims Act, Act NO. 1 of 1996 (the "Act"), which authorizes the
adding of the amoral[ of reasonable attorney lees a2~d costs the total payable with respect to
mapaid taxes and other murdcipa} claims, but on]), if the mmzicipality hwolved has app,'eyed by
~esol. ut~on a schedule of reasonable attorney fees; and
YVI-LERE AS, the Authority has detmrained Ihat it is m lhe bes~ interest of ag the rate
payers to have vigorous e~E'orcement of all delinquent ~d othei m~paid cht~ges, ut~2Lag the
p;ocedm'es set forth m the Act: m~d
WHEREAS, the Authority has ~¢viewed the sul~jcct oi~ attorney fees for collection
matters, ,'md has determh~ed that lhe fees set forth in the schedule hereby adopted m'e reasonable
in amotmt for the services herein described.
NOW THEREFORE, IT its HEREBY ORDAINED %ND ENACTED by the Boat'd of
iixc Sih,'e~' Sp~ in~s Township Authority as Eoltows:
1. Schedule of Fees,
The Authority hereby approves lhe fblJowin~ ~chedule of attorney fees
serv[ces m connect/on with the oAlection of Accotmts, which is hm'eby
deten~t[ned to be fab' mid reasonable compensation for the services set tbnh
bebw, al/in accordsmce with the principals set forth in Section 3 (a. 1) of the
Municipal Clahns Law ;Is amended by Act No. 1 of 1996 (the
Legal Services
Fee For Services
Initial Review and send first dem,md
Letter & Title repoi~
200.00
File lien and send second dei'~a~qH letter;
Piep,ne N\'iii et Scire Facias, File Writ
Sci'vice ~l' \x/iii bv Sheriff
Prepare and mail letter under Pa. R. C. P. § 237.0I:
Prepm-e Erm'y et Judgment. Nolices,
Pleadings and At'ridavits
$ 350.00
Attendance at Sale: Review Schedule
et Disi]ibntion and Resolve Distributioo. Issues
$1,975.00
Sei vices llOt ec~',.'el'ed above:
Satisfaction of Mtuncipal Lien
Satisfaction of Judgment
Review of Bmzkruptcy (including Proof of Claim)
Motion for Rebel fi'om the Automatic Stay
Motion tdr Special Service
Pethion to geassess Damages
Fo~bea~-ance Agreement
All other services
40.O0
40.00
250.00
625.00
~0.00
275.00
200.00
12>.00 per ltottr
The above amotmts include an estimate of/he reasonable out of-poc:ket
expenses of cotmsel m connection with each of these services, as itemized in
the applicable counsel bills, which ~hall be deemed to be pm't of the fees,
tci Tlae amov. nt oI fees determined, as set fo~lh above shall be added to the
AttlhOlity's clam~ m each account.
2. Collection Procedures. The following collection procldLu'es ,ac hereby established
hq aCCOldm~ce with Act No. I:
At least thhty (30) days prior to assessing or m~posing attol-ney fees im
commotion with the collection of an Account, the Authority shah mail or
cause t() be mailed, by certified mail, rettun receipt reque.<ted, a notice ot such
retention to the rate payer o; other entity liable for the Accom~t (the "Accot~r~t
Debtor"i
It' vvilh/~l tt'Li2'ty (30) days after mailing the notice in accordance with
subsection ia',, tlae certifie41 mail to an Account Debtor is refi~sed or
la, claimed oY the retreat receipt ~s not received, then at least tee (10) days p~ior
re the assessing or m]pos~lg such atton~ey fees. the ,=Xt~thorit) shall ]nail or
cause to be ma~ed, by lb'st class mail, a second no,ice to such Accouni
Debtor.
:M) notices reqmred by tiffs Resolution shall be mailed to the Ac~_uttn[
Debtor'< lasl known post oJfice address as recorded m the records or other
inlornmt~on c?f the Authority, or such other address ns it may be able to obtain
~rom thc County Office of Assessment ~d ReviMut~ of Taxes.
~d~ I:.ach notice as described above shall include the tblloWu'lg:
The type of tax orother ch~ge, the date it became due and the
amotmt uwed, U~cludhlg penalty and hlterest:
A statement of the Authority's intent to impose or assess atton~ey
tees within tlfirty (30) days after tile mailb~.g of the lb'st notice,
withfl~ ten (I0) days after the mailing of the second notice;
The manner h'~ wtdch tile assessment or imposition of atto~7~ey fees
may be avoided by payment of the AccoLmt; and
The place of payment for the Accotmta trod the iloJlle 311d
telephone number el the Authority official designated as
responsible for the collection matter.
3. Related Action.
,20~i2.
The proper officials of the Authority m'e hereby autb. orized and
empowered Io ttd<e such additional action as they may deem necessary et apprupriate
to implement this Resolution
DULY ,aDOPTED By the Boazd the Silver Spring Townsiffp Authority on Jmle
ATTEST:
SILVER SPRANG TOWNSHI'P AUTHOR/TY
Chah pc,~Jon ...~.
IN 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
RULE
AND NOW,~upon consideration of Plaintiff's Petition to Reassess Damages, a Rule is
hereby issued upon Defendants, Michael B. Scott and Marsha L. Sqott, to show cause why
Plaintiff's Judgment and Writ of Execution filed at the above-captio~f~'erm and number shall not
be reassessed to $5,921.19.
RULE RETURNABLE Z ~ DAYS FROM SERVICE8