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Home My WebLink About04-2447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CNIL DIVISION Plaintiff, No.: (}{-Jc.f'-h MLD Vs. JEFFERY A. MILLAR 13 NOTTINGHAM DRIVE MECHANICS BURG, PA 17050 PARCEL# 38-19-1621-156 Defendant 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 I. The name of the municipality by which this claim is filed is Silver Spring Township Authority. 2. 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. 3. 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 ofthe 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 Jeffery A. Millar. C') --..' ..' .'. c.. C~= '" c;:-..:;. ~"? ,..... ~J ;it: --: ~'., ~ r'~' 0.) ., ..'" ..j.:.~ 5. The property against which this claim is filed is known and numbered as 13 Nottingham Road, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. 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 including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF Mav 15, 2004 Sewer Rents through 1 st Quarter 2004 Penalties through October 7, 2004 Attorney' Fees Court Costs and Fees TOTAL: $ 387.69 $ 38.76 $ 1,000.00 $ 2,025.00 $ 3,451.45 Plus additional attorneys' fees and costs incurred by Silver Spring Township Authority in collection ofthe 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. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(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 & CONNELLY, LLP ) By: Scott A. iette , squire Attorney for Plaintiff PA J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: MLD Vs. JEFFERY A. MILLAR I3 NOTTINGHAM DRIVE MECHANICS BURG, PA 17050 PARCEL# 38-19-1621-156 Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer Q 6.M day of M~ , 2004, via Rents was served on the following this First Class U. S. Mail, Postage Pre-paid: Jeffery A. Millar 13 Nottingham Road Mechanicsburg, P A 17050 By: Scott Ie DC, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRlNG TOWNSHIP AUTHORITY CUMBERLAND COtlNTY. PENNSYLVANIA RESOLUTION NO, A-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND '\DOPTlJ'iG A SCHEDTJlE OF ATTORJ\JEY FEES TO BE ADDED TO THE ,-\!\IOUNT COLLECTED AS PART OF MUNICIPAL CLAIJV1S FOR DELINQVENT SANITARY SEWER ACCOUNTS, WHEREAS. to lle hir ie' 'lU r,ne jXlyers of Ihe SJver Spring Towl1shJp Authl>r1ly (the "Autl1om)''',. it i, ne(e""r\' Ii'r ihe Authority Ie.> rec,)ver pIUmp[])' Ihe ,[mount of ciellllqueni :l1l,1 lither InunJl'ip~l1l'h(u.gc'S. ;llld If necessary, thFlugh leg31 pn."h..'E':\\lJ1g: Jnd WHEREAS. in the past the "mount recovered U1 such proceedulgs f1JS been depleted by Ihe lost of reasoI1'lblc attorney fees incwTed by the Au!llllrity ill !lIe proceedU1gs. [hereby 111J.kll1g. U1 the C\1se of smaller (hims. enforcemeni not ftn\1lJcially feasible: \1nd \VHEREAS, the General Assembly ofPcllnsylvania has reccntly enacted, as an 1111cndment 10 the MWllcipaJ Cl,',imo Act, Act No. I of 1996 (the "Act"), which authorizes the 'rddU1g of the amllW1t of reasonable :lItomey fees and costs the total payable with respect to lU1paid taxes and other municipal clainls, but only if the mun.icipality involved has approved by resohlilon a schedule of reasonable atti)mey fees; and WHEREAS, the Authority has deteImined that it is in the beslinterest of aU the rate payers to have vig.orous enforcement of all delinquent and oiller lU1paid charges. utiliz,ng the prucedmes set f0J111in the Act; and WHEREAS. the Authority has reviewed the subject of atlome)' fees for collez:tlon malters, and has determined thar the fees set forth in the schedule hereby adupled ".re re"somble in amO\l1lt t()l' the services hereul deocribed. NOW THEREFORE. IT IS HEREBY ORDAIJ'IED AND ENACTED by the Board of ri~c SilVer Springs Township AuthorIty oS Follo\>/s: 1. Schedule of Fees. (d) The /\l1thonty hereby approves tile following schedule of attomey tees fur services in connection with the cullecrion of Accounts. wllleh is hereby determine,] to be flir and reason\1ble compensaiJoll for the services set torth below. aU In 3.ccord2J1ce with Ihe principals set tanh in Section 3 1\1.1) at the Municipdl Claims Law i1S amended by Act No, ] at 1996 ([he "!\ct"): ---~---_.~_._,._.....~_.,.,.." Legal Services Fee For Services lniti:ll Review and send first dem:U1d Letter & Title report $ ~OOOO Flie !tell ;\I1d send ,ecund demand letter: Prepare \Viii ut S,'lle FJci:]s. Fiie Writ Scrvi,'e I'd Writ by Sheriff S; 500t}: Prepare and mail letter under PJ R C p, ~ n7.01; Prcpcu'e Entry '.'( Judgment. Notices, Plt\lding~ Jl1d Ahid(}\/lts ,~ 350.01) Prepare Writ ,'If E\.o(\1I;on; A[tend,mee al Sale: Review Schedule Of DlslnblltJon and Resolve DistributICJ!11ss\1es $1.975.00 Serv\('es not l~nvered ;lbove: Satisfaction of Municipal Lien Sati"faction of Judgment Review of Bankruptcy i'including Proof of Claim) Motion le"r Relief from the Automatic Stay MOlion for Special Service Petition to K.oJssess Damages Forbearonce Agreement All other services :j; 40.00 $ 40.00 .$ 250,00 $ 625.00 $ 'f')O 00 $ 275.00 :I) 200.DO .$ 125.00 per hallI (b) The above amOlu1ts include all eslU11ate of the reasonable oUI-of-polker e:<penses ot cOllDsel Ul connection wl\h each of these services, as ltel1ilZed in the Clppllc3bte counsel bins, which ,hall be deemed 10 De pari of the tees. ICi The amoum ot fees determined. 3S set fonh above Sh'111 be added tll the !\ulhority's clain) in each account. 2. CoUection Procedures. The t'rJUuwing colJectiul1 procedwe;.; cue hereby established i11 accordance with Act No. J: 13) At ICoSl thuty (JO) days prior to assessmg ur impos1l1g Jttorney tces in cU1Ulection with the coUection of 311 Account, [he Authorir)' shaU 1l1i1il or cause to be maued, by certified mail. retlun receipt requesled, u notice 01 such Il1tention to the rate payer or other entity lIable fur the Account i the "ACCI'unt Debtor", 1 [,"1 11 within thinl' (30) d:ll's alter mailing the notice J11 JCCOrdalKe with subsel'ti,ln \ J), the cenit'ie([ mail to an ACCOWlI Debtor is refi.lsed or \~1CLJimed or the retwTl receipt is not received, then at IeasI ten (10) dJ)'s prior to the assessU1g or imposing such :'ttomel' fees, the Authllrity shall mall ,'r CJuse to be mailed, by first class mail, a second notlce tel such Account Debtc,r. !C'I All noti,'es reqmred hy this Reso!uti,)n shall be' m,llled k' the i\lT\!llill Debt,)!"', b,t kli0wn post otflCe address as recorded mthe' re'curds or Othel Ul!<.lrmatlc)J1 of the AuthOrity. or such other address as it m"y be able to \'['1 am fE)m the C\)i.Ult)' Orfic~ 01 Asses::;rncJ1t cU1d Revi'sl(Jjl of TJ\t:s. ,d) Exh lwtice as de'scribed above shall include the followulg: (I) The' type of tJX or other charge, the date it beClmc due Jnd the lmOlUH owed, wcluding penalty ,me! interest: (U) A statement of the Authority's lntent to impose or assess C1ttomey fees within thirty (30) days after the mailing of the fu"st notICe. 01 wrthin ten (J 0) days after the mailmg of the second notice: (w) The manner iJ1 which the assessment or imposition of Jfromey fees 111ay be avoided by payment of the Account; :wd 111'1 The place of payment for the ACCOLUllS and [he name and telephone l1luuber of the Authmity official desigmted as responsible for the collection matter, J" Related Action. The proper officials of the Authority are hereby authorized and empowered to take sllch additronal action as they may deem necessary or apprupnate to implement this Reso lutlon DUL Y .WOrTED By the BO:ln] the Silver Spring Township Authc)rity on JIUle jq'H,,__ , 2[ltl'2. .'\TTEST " If) Ii .;;:/ I "" (A: ' L;~ , Seel wiry / SIL VER SPRING TOWNSHfF AUTHORlTY 1'1.1/ /7", By, f!/,b."/(l C/' ,~~(fflV Chitupq6<JnJ , l;;"' ...J t: t;~ ~ ~ r L.-"\ ~ <>'\ cS ~ C'~ ~" c:;'. ::.::-J ~, ....".., rl1 :~,,: r,) CJ .-"} C) - v, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 04-2447 MLD Vs. JEFFERY A. MILLAR 13 NOTTINGHAM DRIVE MECHANICS BURG, P A 17050 PARCEL# 38-19-1621-156 Defendant. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: Scott A. iettenc, Esquire Attorney for Plaintiff P A I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CNIL DIVISION Plaintiff, No.: 04-2447 MLD Vs. JEFFERY A. MILLAR 13 NOTTINGHAM DRIVE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-156 Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this ~ day of ~ ,2005, via First Class U. S. Mail, Postage Pre-paid: Jeffery A. Millar 13 Nottingham Drive Mechanicsburg, P A 17050 By: S tt A. 1C terick, Esqmre Attorney l.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 () f) I\l ~ trz w Lv r ~ ~ o t 4C.,. 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