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Home My WebLink About04-2151IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. KEITH L. HOCK 5 PARK ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0287-043 Defendant. CIVIL DIVISION No.: Oq -,01.51 MLD MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Townslfip 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 flied is Keith L. Hoek. The property against which this claim is filed is known and numbered as 5 Park Road, Silver Spring Township, Meehaniesbnrg, 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 Anri130, 2004 Sewer Rents through 1st Quarter 2004 Penalties through December 8, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 1,362.90 $ 135.46 $ 1,000.00 $ 2,025.00 $ 4,523.36 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 & EA'_ Scott A. Diettenck, 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 : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : KEITH L. HOCK 5 PARK ROAD MECHANICSBURG, PA 17050 PARCEL# 38-21-0287-043 Defendant. CIVIL DiVISION No.: MLD CERTWICATE OF SERVICE The undersigned hereby certifies that a try_ and correct copy of the Municipal Rents was served on the following this ] ~ vi day of First Class U. S. Mail, Postage Pre-paid: Claim for Sewer ,2004, via Keith Hock 5 Park Road Mechanicsburg, PA 17050 Respectfully Subllfitted: scY~tt ~. Di~ett e~'ck~,'/Esq~re Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 S1.LYER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ~DOPTLNG A SCHEDULE OF ATTOt4DNEY FEES TO BE ADDED TO TIldE AMOU~'NT COLLECTED AS PART OF MUNICIJ'AL CLAIMS FOR DELINQUENT SANITARY SEWF-R ACCOUNTS. \¥HERE.\S. to be l'aL~ !o ag rate payers ,~t' Ihe ,Silver ..'~pring Towushlp Authority ~the "Autho~i~y"~, ~ is necessxtw ~,,r the Authority ~o rccove~ promptly ~he amount of delinquent and WHEREAS, m the past the amount recovered m such proceedh~gs has been depleted by the c~3st Of re.Tsonable attorney fees mcm~-ed by the Authority m tile proceedings, thereby making, m the case of smaller claims, enforcement not lmancially feasible and ~'~HEP,.EAS, the General Assembly of Pep~nsylvarda has recenily enacted, as an amendment to the Mm~cipal Cla~s Act, Act NO. 1 of 1996 (the "Act"), w[fich author~es the addb~g of the amomlt of reasonable attorney fees m~d costs thc total payable with respect to tu~paid taxes and other mumc~pal chm~s, but o~y kf the mm~cipMity involved has approved by ~esoh~tioll a schedule of reasonable attorney Ikes; ~d x~qtEREAS, the Authority has determined ~hat it is Ltl the. best interest of aB the rate payers to have vigmous e~b~cemem of all del~qoem t~d other m~paid cht~'ges, ut~mg the p~(~cedtn'es set forth m the Act: ~ld WHEREAS, the Authority has ~eviewed the st~bject of nttomey tees for colJe, ctio~ matters, ,and has determh~ed that the fees set forth m the schedule hereby adc,pled m'e reasonable m amom~t for the services hereto described. NOW THEREFORE, IT IS HF. RJEBY ORDAIbPED ,~ND ENACTED by lhe Boax'd ¢1 Sih,'e~ S[)l'il~s Township Authodly as ]-~olbws: 1. Schedule of Fees. The .,\nthorky hereby appro'-,,es tl~.e folluwmg schedule of attopney fees for services m connectkm with the collection of Accotmts, wl,.icla '.s hmeby deternfined to be f;~h' oa~d reasonable compensation for the services set tbrth below, ali in accordemce with the principals set lo,ih in Section 3 (a,1) of the Municipal Claims Law as amei~ded by Act No. 1 of 1996 (the Legal Services Fee For Services hut/at Reviex~ and send first dem:md Letter & Title repox $ 200.00 File lien and send second dem3.nd Iette~: Prep,u'e ~\:~ ii of SCil'e Fa&as, Hie W;it Service t>f Writ by SberLff $ 5000<3 Prepare and mail ]eitei' under Pa. R. C. P, ,~ 237.01: Prep0a-e Enn'y of Judgment. Notices, Pleadings and Att'ida',.its $ 350.00 Prop:ne Wlir of Execmion: Attendance al Sale: Review Schedule Gl Di:,;tribution ar, d Resolve Distribution Issues Si ,975,00 vices not covered above: Satisfaction of Mnmcipal Lien Satisfaction of Judgment Review of Ba~tk, ruptcy ! including Proof of Claim Motiou for ReLief ~'om the Automatic S~ay Motion for Special Service Petition to Reassess Damages Fmbea'ance Ag~ cement Ail other services 40.00 251).00 625.00 q-,50.00 275,00 200.00 125,00 per lima- The above amounts mchrde a. estmaate of the reasonable out-of-pot:keF expenses of co~msel m connection with each of these services, as itemized the applicable connect bills, which 3hall be deemed to be pa-t of the tkes. ~c) The amount oi fees determined, as set fcdth above shall be added to the Authmity's cJaim m each account. 2, Collection Procedures. The tblJowing collection procedmes .u'¢ beleby established m accor'dmsce with Act No. 1: At least th_ixty (30) days prior to assessing or imposing attorney tees in co~mection with the co~ection of an Account, the Authority shah mail or cerise {o be marie& by certg~ed mail, retmn receipt requested, a notice ct such intention to the rate payer or other entity liable tbx the Accom2t qbe "Accotmt Debtor") If whizi~l tb&ty ',30) days after mailing the mntice in accordance witi~ subsection ~a). the certified mail ~o an Accom~[ Debtor is re~.lsed or ~o the assessing or m~posh~g such attorney fees. thc Authority shal~ naai'~ cause to be mailed, by fU'st class ~nail, a secolld notice to such Account Debtor. Ali notices required by {t~ Resolutioc~ shall be mailed to the Accom~[ Debtor's las~ known post oIfice address as recorded in the records or othe~ t~//oinlflHoi1 of the Authofib,, or such other address as n m;~y be able to obium ~d~ Each notice as described above shall include the/bHowmg: 7'he iype of tax o~ oiher ch~ge, the dale it became due and Ihe amotmt owcd~ hlcludhlg penalty and Ulteresr: A statement of the Author{ty's intent Fo impose or a~;sess attonxey toes within tlm-ty (30) days aher the mailbag of the fa-st notice, wilhm ich t 1 O) days after the mailing of the s~-ond notice; !hil The manner hi wh/ch the assessment or imposition of attorney Ikes may be avoided by payment of the Account: and The place of paymeni fur the Accvm~ts :md {he name and telephone mtmber of the Authority official designated as responsible for the collection matter. 3. Related Action. The prope~ officials oi the Authority are hereby authorized and empowered Fo t,~ke such additional achon as they may deem necessary o~ appropriate re, m~plement this Resolulion DULY .~OPTED B~ thc Bocgd the Silve~ Sp~mg Township Authority on Jtme }~{'~,t% ATTEST: / SILVER SPR/NG TOWNSHIP AUTHOP, ITY ..,., , /;. - Chah pe?.m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION Vs. KEITH L. HOCK Plaintiff, Defendant. No.: 04-2702 Civil Term No.: 04-2151 MLD PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARy: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: Scott 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 CIVIL DIVISION Vs. Plaintiff, KEITH L. HOCK No.: 04-2702 Civil Term No.: 04-2151 MLD Defendant. ,CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct.copy of the:Praecipe to Satisfy Judgment was served on the following this _ ¢/~ day of_~~57 ,2004, via First Class U. S. Mail, Postage Pre-paid: Keith L. Hock 5 Park Road Mechanicsburg, PA 17050 Respectfully Submittal: JAMES, SMIT~~ By: _ ..~ [~[~Vy~/ Scott~A. D~ettefi~ck, l:squire Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY LLP