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Home My WebLink About04-2446IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSH1P AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. JAMES K. HIATT and HEATHER L. HIATT JAMES L. HIATT and NANCY J. HIATT 6 EVERGREEN LANE MECHANICSBURG, PA 17050 PARCEL# 38-19-1621-023 Defendant. CiVIL DIVISION No.: oZ ¢¢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. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed are James K. Hiatt and Heather L. Hiatt and James L. Hiatt and Nancy J. Hiatt. The property against which this claim is filed is known and numbered as 6 Evergreen Lane, Silver Spring Township, Meehanicsbnrg, 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, 2004 to and inchiding the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF May 15, 2004 Sewer Rents through 1 st Quarter 2004 Penalties through October 7, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 242.27 $ 24.24 $ 1,000.00 $ 2,025.00 $ 3,291.51 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 thc validity of thc 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, S~IITH, 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 COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. JAMES K. HIATT and HEATHER L. HIATT JAMES L. HIATT and NANCY J. HIATT 6 EVERGREEN LANE MECHANICSBURG, PA 17050 PARCEL~ 38-19-1621-023 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 '~{7~ day of ]~,~q ,2004, via First Class U. S. Mail, Postage Pre-paid: James K. Hiatt Heather L. Hiatt 6 Evergreen Lane Mechanicsburg, PA 17050 James L. Hiatt Nancy J. Hiatt 6 Evergreen Lane Mechanicsburg, PA 17050 Respectfully ~ubmitted: ~ JAMES, S~7~1~C5& CONNELLY, LLP Attorney l.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SILVER SPRING TOWNSHI2P AiLITHORITY CUMrBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A-2002-02 A RESOLLITION APPROVING COLLECTION PROCEDURES AND -kDOPTkNG A SCH~ED'LrLE OF ATTORNEY FEES TO BE ADDED TO THE AhIODT'~T COLLE]CTED AS PART OF MUNiCI]?AL CLAI3'IS FOR DELINQUENT SANITARY SEWER ACCOUNTS. \;VHEREA$, to be l';tir ro al/~ate ?ayers ,W the Silver Sp~ lng Township Authority ( the ,,thor municipM Chm'gcs. and if necessary, [hruugh legal p~oces;mg; and WHEREAS, tn rite past the amotmt recovered m such ?roceediJ~gs has been depleted by the cnst of reasonable attorney fees incm'red by the Authority in tile proceedings, thereby making, m the case of smaller claims, enforcement not l'manciall), fc~xsible: and ~'TqEREAS, the General Assembly of Pe~msylvania has recently enacted, as an amendment to the Nlm~icipal Claims ACt, Act No. 1 of 1996 (the "Act"), wl~ch authormes the :tddmg of the amom~ of reasonable attorney fees m~d costs the total payable with respect to tmpaid taxes and other mumcipal cla~s, but o~ly ff the mmficipali[y iuvolved has approved by ~esolution a schedule of reasonable attorney I~es; ~d \bqdEREAS. the Authority has determined that it is m lhe best interest of ag the rate payers to have vigorous e~b~cemem of all delmquem :~d od~e~ m~paid ch,~'ges, utH~h~g the WHEREAS, the Authority has ~eviewed the subject ol attorney fees for collection maUers, ~md has determb~ed that the fees set forth m the schedule hereby adoplcd ~u'e reasonable amotmt for the services hereto described. NOW THEREFORE, IT IS HEREBY ORDAJNED ,<ND ENACTED by the Bozu'd o~ ii'~c Silve~ Springs Tnwnship Authority :~s Follows: 1. Schedule of Fees. The Authority hereby appro',,c,s die tbllowmg schedule of a[torney fees for services ua connection with the cuUect[on of Acco~mts, which is hereby detern-~l iv be fab' trod reasonable compensation for lhe services set Ibnh below, aU m accordamce with the principals set forth m Section 3 ia. l) of the Municipal Claims Law as amended by Act No. } of I996 (the ".Act"l~ Legal Services Fee For Services Jmifial Review and send first dem:md Letter & Tide repo~x 200.00 File !ieu and send second demand P~ e?a'e ~,\:~ ii of Scn'e Facias, Fi~e $ 500.05/ Prepare and mail 2citer underPa R. C P. P~e?m-e Eutry of Judgmeni, Notices, Pleadings and AIDda',% $ 350.0(; Prepme Writ of Exeo~don: Attendance at Sale: Review Schedule Ot Distributbn ac~d Resolve Distribution Iss~es $1,975.01) ~ef~ices aot covered above: Satisfaction of MtLrdcipal Lien Satisfaciiun of Judgment Review of Ba~tkruptcy (including Plo~)f of Claim) Motion for Rebel fi'om the Automatic STay Motion for Special Service Periti(m to Reassess Damages Forbeaz-ance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 625.00 $ qS0.00 $ 275.00 $ 200.00 $ 12.5..00 pet' hOtLr ~b) The above amotmts include an eslimate of the reasonable out-of-pocket expenses of cotmsel m connectio~ wifll each of these se~ vices, as itemized the applicable counacl bills, which ahall be deemed [o be p~-t of the lc'es. The amount ot fees determined, as set fo~lb above shall be added to the Aulho~ity's claim m each accounl. 2. Collection Procedures. The folJowing co)lecliun procedtu¢s ,u'c heiel0y established u~ acc,3~dm~ce with Act No, I: 'At least thsty ~30) days p~ior to assessing o~ re]posing attorney fees m comlection with the coUection of an Account, (he Amho~iry shah mail ur cause to be marled, by certified mail. ~ettu~ receipt requested, u notice of such intention to the rate payer or oiher entity liable for the Accom~t (the "Acco~cnt Debtor' ~ II within thh'ty (30) days after ,'milling the notice in accordance wirt~ subsection ~3). the certified mail to ai~ Acco~lt Deb[or is revised or fmc]aimed or the re[m~i receipt is not received, then ar least ten cause to be m,~ed, by fa-s/class mail, a second notice to such Accoun~ Debtor. Ail uotices reqtured by tkis Resolution shall be mailed lo the Ao.'otmi Debtor's la~,t known post cqfice address as recorded m fl~,e records, ov othe~ iillOrlllatk¢]l oi'- [}le Aurae, i~y, or such o~her address as it m:~v be able to obtain from fl~c County Office of ASbeSSlI~;~I ~ld Rcvib~og of T~xes. ~d~ Each notice as described above shall include the l¢llowmg: The type of tax or ofl~a ch~ge, the date it bec,~me due ~nd the amount owed, mcIudb~g penalty and interest: statement of the Authority's h~_tent lo impose or assess :,rtomey 16es whhh2 tlm-ty (30) days after the mailbag of the fa'st not~ce, within ten (I0) days atter the mailing of the seo~nd notice; dii) T~le maimer in which the assessmenl or imposition of attorney fees may be avoided by payment of the Accatmt; and The place of payment for the accom~/s ~md [he ilallld 311d telephone number of the Authority official designated as responsible for the collection maaer. 3. Related Action. The proper olficials of the Authority m'e hereby authorized and empowered lo ~al,:e such additianal achon as ~hey may deem necessary ot app~t~priate ro ~plement t~s Resolution. DULY ,~OPTED By thc Bo~d the Sih, er Spring Township Authorhy on Jtme }~q'{'~ ATTEST: / SFLVER SPR_[NG TOWNSHFP AUTHOI~/TY Ch a ~l pe~ m /