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Home My WebLink About04-5145 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.: ()l./ - SIi{S MLD Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICS BURG, PA 17050 PARCEL# 38-19-1610-021 Defendants. 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 ofthe 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 ofthe Act of 1945, P.L. 382, 53 P.S. 9306, Municipalities Authorities Act of 1945, as amended; and (b) Resolution of Silver Spring Township Authority, adopted December II, 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 of the sewer rates for which this claim is filed. 4. The name ofthe owner(s) or reputed owner(s), of the property against which this claim is filed are James A. Disilverio and Candy L. Disilverio. 5. The property against which this claim is filed is known and numbered as 7 Birch Street, 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 July I, 2003 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF Sepember 30. 2004 Sewer Rents through 2nd Quarter 2004 Penalties through March 2, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 485.94 $ 48.61 $ 1,000.00 $ 2,025.00 $ 3,559.55 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. 9 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 ofthis 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 ofthis pleading, Counsel for Plaintiff will send Defendant(s) the name and address ofthe 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, DIET CONNEL~ ~ Y, p ~iL",~ E,q",,:V Attorney for Plaintiff PA 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 CIVIL DIVISION Plaintiff, No.: MLD Vs. JAMES A. DISILVERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 38-19-1610-021 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a :rue and correct copy of t~ ~ Claim for Sewer Rents was served on the following this G h day of (~r--t-'-, 2004, via First Class U. S. Mail, Postage Pre-paid: James A. Disilverio Candy L. Disilverio 7 Birch Street Mechanicsburg, PA 17050 Respectfully JAMES, S By: Scott tte . k, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRING TOWNSHIP AlITHORITY CUMBERLAND COtINTY. PENNSYLVANIA RESOLUTION NO. A-2002-02 .\ RESOUJTION APPROVING COLLECTION PROCEDllRES AND ADOPTL1\1G A SCHEDlfLE OF A TTORJ~EY FEES TO BE ADDED TO THE A1\IOUNT COLLECTED AS PART OF MIINIClPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS. 10 be Ltif ,c, all rafe pawl's oj the Sllver Spring Tllwnshlp AuthoIlly tthe "Alltl1(!lHY"'. I[ " necesqrv to" II,e Authority to re,',)ve! plOmp[ly [he dmOunt oj del1l1ljlJent mli \'dhel" nlunil'iD~d l.'h.lrge,,",, ;lnd If nccessJry, thruugh ieg:.ll prOl.'e.'~Ulg; Jnd WHEREAS. Ul the past the JmOunl recovered 111 such proceedings has been depleted by [he ,:nst oj reasonable :lltOmey [res inCUll'cd by the AUOlOl'ity in tile proceedings, [hereby makmg, m the Cclse of sma])er ,'hims. enforcement not financial]y feasible;;lnd vVBEREAS, tile General Assembly of Pennsylvania has recently enacted, as an :1Jl1cndmen( 10 the Mwucipal Chum, Act, Act NO.1 oj 1996 (the "Act"), which authorizes the adding of the amclWlt of rC:lsonable attomey fees ~md costs the total payable with respect to IUlpaid lJ);es alld other muniCipal claims, but onJy if the mllIucipality involved has approved by resollltJon a schedule of reasonable attorney fees; and \VliEREAS. the Authority has dete1mUled that il is in the best interest of all the rate payers to hJve vigorous enJorcemel1l of all rlelinquent and other IUlpaid charges, utiJizlllg the prucedures set f011h in the Act; Jnd WHEREAS, the Authority hJS reviewed the subject 01 artomey fees Jor co II eu 1011 matters, and has determined thai the fees set forth in the schedule hereby adopted are reasonable in J1l10lUll for [he services herem described. NOW THEREFORE, IT IS ill~REBY ORDAJl'!ED AT\!D ENACTED by the Board (1f ii,e Silver Spring.s Township Authorily as Follows: I. Schedule of Fees. I a) The Authority hereby approves the following schedule of attorney Jees for services in connection with the collection of AccOlUlts, which is hereby deternuned 10 be fair and reasonable compensatIon for Ihe services set lorth below, all m accord3J1ce with the principals set Jonh in Section 3 (3.1) of the ~/lunicipal Claims Law itS amended by Aet NO.1 oj 1996 ithe "Act";: Legal Services Fee For Services Initial Review 3.nd ser.d first dem,md Letter & Title replJil $ 200.00 File !ien ;md send second dem,lIld letter: l'rq1.1re VViill\( S,'lre Facias. Fiie Writ SCt\'\(e l.,r \VIlt bv Sheriff :); 500.0n Prep:lre Jl1d mail letter under Pa R C. P. ~ 2:17.0 I. Prep:u'e Entry ,)f Judgment. NotIces, PleJclil1g~ Jl1li .<\njdJviL~ $ J50.00 PrCpjj'e Writ of Exectlt ion: Attend,illc'e ,11 Sale: Rel'Jew Schedule Or DIstnbutiol1 al1d Resolve DistnbulioIJ Issues $1.975.()r) SerVIL-'es nor l-'overed abovE' Satisfaction of Ivltrnicipal Lien Satisfactiul1 of Judgment ReVIew of Bankruptcy (DlcJuding Prout of CI;llm) 1\-'10tiol1 for Rebef frolll the Automatic Stay Motion tell Special Service Petition to Keassess Damages ForbeGl'ol1ce Agreement All other services :I; 40.00 $ 40.00 .$ 250.00 :); 625 00 $ lf5000 $ 275,00 $ 200.00 $ 125.00 per hom i b) The :1buve JI1WlU1ts include an estrmate of the reasonaLlle out-oj-packer expenses or counsel ill cOllnecliollwilh each elf these services, as iteml2eU III the applicJble eoul1,cl bills, which sherll be deemed to be part of the fees. I C J The amount 01 fees determined, as Sel fOl1h above shall be added ti) Ihe I\u[horit y' s c lain] 1ll eae h aCc0\111I. 2. Collection Procedures. The following collection procedwes .ue hereby establishcd in aCCOrdGllCe WIth Act No. I: 'a) At least thul)' no) days pnor to assessing Ul lmposing a[IOme)' tees in CUl1JleClion wilh the collection oj an Account. the Authority ShJll maJi or cause to be mailed, by cerlifJed mail. lettun receipt requesled, u notice of such intention I() the rate poyer or other entil y liable for Ihe Accow]1 ((he "Accr,un[ Debtor" J It'> Ij within thiny (30) days alter mailing the notlCe in accordance with SUbSECUelJ1 tal. tJle cernfled mail [0 an Accoul1t Deb[or is ft;fused or ll:lci:limed ,Jr the retwli recelp[ is nO[ receiveci, then at least [en (lO) ,1;1)'S priol r" the assessing or imposing suChllttomey fees. the AuthcJfiry sJlall mail"f e'JlISe to be mailed, by first class mail. a second notlce to such Account Debtcr. ,,') AU notices r(cqlllred hy this Resolution Shllll be mailed Ie' the Al'CU1Uli Del1(c'(s 1;,,( knc'\Vn post olflce address as recorded inlhe rec'I,rds ,)I \Hhel u1tc\rmall\\n oj the AuthOrity, or such other address as 11 may be able to oI.1[:lln irum (he C\)WH): QrfJce uf Asses.sI11cnt rind P.evl~1011 of TJ.\cs. ,,jl F:1Ch '1i'lice as described above shal] lJ1clude the kollo\\'l1\g: (JI The Iype of tax or olher ch:lrge. the dale If beeline due and the JmulUlI owed, !Ilcluding pemliy and w!ere.,r: t u! A statement of the Authority's intent to unpose or 3~sess "tlomey fees within tlm-ty (30) days after the mailing uf the flr51 florice. or withul len (10) days aner fhe mailmg of the second notice; !ill'l The manner in which the assessment or imposition of attomey fees may be avoided by paymenJ uf the Account; and IIV) The pl;lce of payment for the ACCOLUlIS ,wd the nJme jnd telephone number of the Authority official designated as responsible for the collection matter. J. Related Action. The proper olficials of the Authority are hereby authorlzed and empowered 10 uke sllch additional actIon as they may deem necessary or appropnate to unplemcnl this ResoJutllln DUl Y .WOPTED By the BoaItl the Silver Sprwg Township Authliri[y on Jlwe )q'~.I'L~ . 2002. ATTEST, ! a)l Ii~t" ' Se~let3.ry ) SILVER SPRING TOWNSHfF AUTHORJTY . /) I~" .vJ. y// //-, By, !//ffilftl. C/o ,~P{UVV Cllallp~JirJll 'J ft o(Q " 1 .t:: , . () ..1 C') .. -'11 ~ ~ _m.l ....... ..- ~ ~ r ("'. ~ ", W . - Iv ':D r...) -0 " -t- , (' ,....,. .". .,,, e:s-. ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. PRAECIPE TO REISSUE WRIT OF SCIRE FACIAS TO: PROTHONOTARY SIR/MADAM: Please reissue a Writ of Scire Facias in the By: Scott . Die tenc ,Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 c ('.', .\ " r r THONOTAR IN THE COURT OF COMMON PLEAS 411 "'P 15 Pill 2' `' ` CUMBERLAND COUNTY, PENNSYLVA?$EnLAriJ COLN T'-' ['Cm SYLVANIA. SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 04-5946 CIVIL TERM vs. NO.: 04-5145 MLD JAMES A. DISILVERIO and CANDY L. DISILVERIO, Defendants. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Municipal Lien filed at the above - captioned term and number satisfied. By: Scott A..°D , squire Attorney fo intiff PA I.D. #5565 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ar*? ? 0- 0k-K' 16779 S tL a bqq