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Home My WebLink About04-2150IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MARY E. WHALEY 68 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050 PARCEL//38-22-0144-094 Defendant. CWIL DIVISION Oq .o91£0 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 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 is Mary E. Whaley. The property against which this claim is filed is known and numbered as 68 Honeysnelde Drive, Silver Spring Township, Meehaniesburg, 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 April 1, 2003 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF Aoril 30, 2004 Sewer Rents through 1st Quarter 2004 Penalties through December 8, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 722.10 $ 72.24 $ 1,000.00 $ 2,025.00 $ 3,819.34 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. ffDefendant(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, Si~ITH, D1ETTER/CK & 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 COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MARY E. WHALEY 68 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050 PARCEId~ 38-22-0144-094 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 t,~Z~ dayof /~ ,2004, via First Class U. S. Mail, Postage Pre-paid: Mary E. Whaley 68 Honeysuckle Drive Mechanicsburg, PA 17050 Respectfully ~ubrrfltted: J ,MES, sBcY;tt AdL~d Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELL~ LLP SLLVER SPRISNG TOWNSHIP AUTHORITY CUMBERLAND COUNTY. PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVENG COLLECTION PROCEDURES AND 4DOPTLNG A SCtlEDULE OF ATTORNEY FEES TO BE ADDED TO TIt~ AbiOI._L~WT COLLECTED AS PART OF ]MUNICIPAL CLAI¢,'IS FOR DELJ'NQUENT SANITARY SEWER ACCOILINTS. \¥'HEREAS. lo be fab ~o all rate payers ,3I the Silver Spring Township Authority !the WHEREAS, La the past the amotmt cecovm'ed m such proceedings has been depleted by the cost of 2easonable attorney fees mcun-ed by ihe Autho~.ity m lhe proceedings, thereby making, m the case of smal)er claims, enforcement not limancJMly feasible; and xA'TdEP~EAS, tl~,e General Assembly ol: Pe~msylvania has recently enacted, as an :~mendment to the M~ficipa} Cla~s ACt, Act No. 1 of 1996 (the "ACC'), w~ch author2es the :tddmg of the amotm[ of reasonable atton~ey I~es m~d costs the total payable with respect to (repaid taxes and other mumc~pal clamxs, but o~y if the municipality involved has approved by resohxt~on a schedule of reasonable att<~mey fees; ~d \¥-112EP,.E AS, the Authority has dete~rnmed that it is J~ the best interest of aH the raie payers o have vi?['oils e~rtorcement of all delinquent ::md othm tmpaid ch~trges utilizing the prncedm'es set fmlh m the Ac~: ~d WHEREAS, the Authority has leviewed the subject of attorney fees for collex'tion matters, ,md has determi~:ed that the fees set forth in the schedule hereby adoplcd are reasonable m amotml for the services hereto described. NOW THE~FOKE, IT IS H_EKEBY ORDAIb[ED AND ENACTED by the Bored (tf ~ilvcr Spring~ Township AuthoI'iIV as }:OIIOWS: l. Schedule of Fees. The Authority hereby appioves the following schedule of attonney fees for services in connection with the collection of Accotmts, which is hereby deternfined ¢o be fab' ~ld reasonable compensation for ~he services set tbnh below. MI m accord?race with ~he principals se~ folih m Section 3 (a. 1) of the Municipal Claims Law as amended by Act No. I of 1996 (the Legal Services Fee For Services hmM Review and send first dem:mci Letter & Title repo~ $ 200.00 File !ie~ .-md send second demand lelte~: P~epae V, iit or Scn'e Facias, File Wri~ Sex ice of Wn: Dy Sherh't Prepare and mail letter under Pa. R. C. P. § 237.01; Prepm'e Enn-y ef Jud,~ment. Nolices, Pleadir, s., a~d Amda',i~s $ 350.0O Writ of Execm ion: Atlends. nce al Sale: Review Scheduk DistriN~tion and Resolve Dis{nbuiKm Issues Se1 Mces llol covered above: Satisfaction of Mmdcipal Lien Satishcficm ot Judgment Review of Ba~'-uptcy r mclud~g Proof of Claim/ Motion for Rehef fi'om the Automatic Stay Motion tN' Special Service Pcrirbn to Reassess Damages Fm bern'anco Agreement All other services 4O 40.00 250.O0 625.00 27.5.00 2O0.00 125.00 per ho tlr ~ b) The above amom2ts mctude an estunate of the masonaNe oubof-pocket expenses of cotmsel Ul connection with each of these services, as itemized the applicable com~scl bills, wNch ,~,hall be deemed to be p,':u-t of the Ides. The amount oI fees determined, as set fotlh above shall be added to the Atxho~ity's claim m each accoum. 2. Collection Procedures. The following coNe?lion proctdmcs mc hereby estaNisbed m acce'ds~ce wire Act No. l: At least thh t), (30) days prim to assessing or Lmposin~ attorney fees N ColllleCtion wilh the co~ection of a~ Account, the AtXhomy sha~ mail or cause to be marled, by certified mail, retttm receipt requested, a notice o~ such mtentiofl to the rate payer or other entiU liable tbr the Accom~t qbe "Acc<,~mt DeNm ' ~ cb¸) Ii witinJ1 0m'ty (30) days after mailh;g the notice m accordauce with subsection ia), fl~e certified mail Io an Accom~ Debtor is refl3sed or cause to be maUed, by fkst class mail a secoItd not[ce to such Account Debtor. .Ail notices required by tins Resok~tiou shah be mailed ~o the Ao. otul~ Debtor's hist known post re'lice address as recurded m the records ~7~ o~he~ ~at,_}t marion c>f tile Au/ho~4ty, or st~ch olhev address as it may be able ~o uhtam 1~-om the Co~mly Office of Assessmen~ ~d Rex, i~iu,~ o~ Taxes~ Each notice as described above shall include the fi.dlowmg: The type ¢,f lax or off,e{ ch~ge, the dale it became due and the amomlt owed, UlcIudhlg penal y u~ld ~lteres~: A s[a[emenl of the .Auth~}rJty's b~ieu[ to Zmpose or as~,ess atton?ey tees within tlm-ty 1,30) days after the mailbag of ~he ~:'n's~ noucc, within ten I, lO) days at'ter the mailma of the s~-~nd notice; The manneJ-'in winch the assessment c~r imposition of attorney lees may be ave;idea by payment of the Accoant; and The place of paymem for the ACCOLNI[S trod the name aud telepla~me number of the Authority official desi&namd as responsible fol' the collection matten 3. Related Action. The proper off/c/als oi the Authority are hereby authorized and elnpowered to t,~c such additional action as they may deem necessary o~ appropriate to ~plement tNs Resolution. DULY .~OPTED By the Bo~d the Sih,er Spring Township Authority on ,}tme ATTEST: /