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Home My WebLink About04-5146IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE P1KE MECHANICSBURG, PA 17050 Vs. ANDREW C. JONES MISHALA S. JONES 901 CEDAR ROAD MECHANICSBURG, PA 17050 PARCEL# 38-19-1612-042 Plaintiff, Defendants. CiVIL DIVISION -slq& 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 flies 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 nan~e 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 are Andrew C. Jones and Mishala S. Jones. The property against which this claim is filed is known and numbered as 901 Cedar Road, Silver Spring Township, Mechaniesburg, 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 October 1, 2003 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF Sel~ember 30, 2004 Sewer Rents through 2nd Quarter 2004 Penalties through March 2, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 761.35 $ 76.14 $ 1,000.00 $ 2,025.00 $ 3,862.49 Plus additional attomeys' 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. By: Scott A./'DiltteX~,Esqu-~ire~' - Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Vs. ANDREW C. JONES MISHALA S. JONES 901 CEDAR ROAD MECHAN1CSBURG, PA 17050 PARCEL# 38-19-1612-042 Plaintif~ Defendants. CIVIL DIVISION No.: MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of t~ M/~m?ipal Rents was served on the following this ~v' ~ dayof {/~"~ First Class U. S. Mail, Postage Pre-pa/d: Claim for Sewer ,2004, via Andrew C. Jones Mishala S. Jones 901 Cedar Road Mechanicsburg, PA 17050 Respectfully Submitted;~ A JAMES, S ~ I CK& Scott A. Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY, LLP SiLVER SPRING TOWNSHfF' AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A~2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ~DOPTING ~\ SCHEDULE OF ATTOI~NE¥ FEES TO BE ADDED TO TI-[E AiMOUNT COLLECTED AS PART OF MUNIC][PAL CLAD'IS FOR DELINQUENT SANITARY SEWF. R ACCOUNTS. WHEREAS, m the pasl the amotmt reo0vered h: such proceedings has been depleted by the ~ as' of 'easom~b e aitomey ~cs morn'red by ~he Autho~it?' i~ the proceedings, thereby maJ,:Ulg, m the cnse of sinai)er claims, enfercement not J'mancially frasib}e; and WHEREAS, the General Assembly of P¢~msyh, arda has recently enacted, as an amendment ~o the Mmscipa} Clam~s ACt, Act N0. 1 of 1996 tthe "Act"), w~ch author~es the adding of [he amoam of reasonable attorney Ikes a~d costs l}ae total payable with respec~ to m~paid taxes and other mumcipal clam~s, but o~y ff the mtnscipality involved has approved by mxolution a schedule of reasonable attorney tees', ~d WliEREAS, the Authority has detmmmed that it is fll the best mteresl 0f ag the rate payers ~o have vigorous en. IDrcement of all delinquent m~d other tmpaid chm'ges, utilizing the pu>cedmes set froth m the Act; mid WHEREAS, the Authority has ~eviewed the subject oI attorney l~es for coll~:tion matters, ~md has determined that the fees set tbrth m the schedule hereby adupled m'e reasonable m ammmt Ibr the services herein desct ibed. NOW THEREFORE, IT IS HEREBY ORDAlJXFED ,%ND ENACTED by th(' Boa-d et rte Silve~ Springs Township Authority ac Fo)lows: 1. Schedule of Fees. The Authority hereby appeoves Ihe following schedule of atton-~ey fees services in cmmection with the cu~ection of Accmmts, which is hereby determined to be fa~' m~d reasonable compensa[ion for the cervices set lbnh below, aH m accordemce with the principals set tbnh ~ Section 3 La. 1) of ~he Municipal Claims Law as amended by Act No. ~ of 1996 (the "Act"j: Legal Services Fee For Se~wices L~itial Review and send first dew:md Letter & Title report 20000 File !ie:l and send second demand letter: 500.00 Prepare and mail letter uniter Pa R. C. P. 8, 237.01; Ih'eI:,u'e Eatry ot Judgment. NoIices, Pleadings and Al:rida',dts $ 350.00 Attendance al Sale: Review Schedule Oi Dish ibu[ion 3nd Resoh, e Disrribmion Issues $1,975.00 Services t)o~ covered above: Satisfaction of Mtmicipal Lien Satist'actitm Of Judgment Review of Ba~t!cruplcy ~ mcludmg Proof of Claim Motion fin' Re~ef fi'om the Automatic Stay Molion [~i' Special Service Petition to Reassess Damages Fo~bem-ance Agreement Ail other servkes 40.00 250.00 625.00 ¢50.00 275.00 2O0.00 125.00 per hottr { b) The above amotmts inch~de an estimate of the reasonable oubotUpot:ket expenses of cotmsel Ul conneclion with each of these services, as ~teni~zed in the appbc~ble counsel bills, which 3hall be deemed [o be p~t of the fce~. The amount ol fees determi~led, as set I'ollh above shall be added .Autho~ ity's claml m eaci~ accotllll. 2. Collection Procedures. The fc)klowing collecltvn proccdmes ,ac heieby established in accordmqce with AC~ No. 1: At leas: th,~ty (30) days prior to 'assessmg or imposing attorney fees m contraction with the collection of an Account, ~he AtlthOrity shah mai) Or cause te be ma~ed, by ce[ tffied mail. retm~ receipt requested, a notice ot such Debto~ ' ~ ~t within tb&'ty (301 days Mter mailing ;he notice in accordance wid: subscctkm ts) the certified mail to an Accom~r Debtor is refused ~mclahned or the retmn receipt is no~ received. (hen at least ten ro the assessing or hnposblg such attorney fees, the :xuthonb, shall mai] or cause [o be ma~ed, by fu'st class mail, a second notice to such Accmmr Debtor. .Ail notices required by (/'Lis ResoMtiou shall 1;,e mailed lo the Ac,~otuu Debto?s last known post olt~ce address as recorded m the records o~ ~ll~Orlll~tloll c~f the Authorhy, or such oilier address as it may be able ~d! F. ach notice as desc~ ibcd above shall include the t'ullou:uag: The type of tax o:' off,el ch~ge, the date it became due and the amount owed, i~!cluding penally and h~terest: A statemellt of the Atlthority's intent to mapose o1- a~,sess attorney ~<ees w:ithm tlmty 30) days a~er the mailbag of the fu'st notice, within ten ~ 10) days alier the mailing of the second notice; /iiS) The manner hi wh/ch tile assessment c,r imposition of attorney fees may be avoided by payment of the Account; and The place of payment t;or the Accomus trod {he name and telephone nmnber of the Amhodty official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority a'e hereby authorized and empowered lo htke such additions} achon as lhey may deem necessary or appropriate ru ~p}ement this Reso}t~fiom DULY .~OPTED By thc Bo~d the Sih, et Spring Township Auth<~rity on Jtme }(~'d,~'~ ATTEST: