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HomeMy WebLinkAbout13-3286 � .0 IN! -- FIB I :15 0 U k. r. L N PENNSYLVf1N1A TOWNSHIP. OF HAMPDEN, IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 2 g C MLD BRIAN W. GUTSHALL, Owner MUNICIPAL LIEN DOCKET MUNICIPAL CLAIM Township of Hampden ( "Claimant ") files this Municipal Claim against Brian W. Gutshall ( "Owner ") and all that certain tract of land including improvements thereon, owned by Owner and described as follows: 5260 East Trindle Road Mechanicsburg, PA 17050 Tax Property Map: 10 -23 -0561 Parcel Number: 026 for unpaid tapping fees which are charged effective July 1, 2013 pursuant to the Hampden Township Code of Ordinances and the Sewer Tapping Fee Payment Plan Application and Agreement (the "Agreement ") executed by Owner and attached hereto and incorporated by reference herein as "Exhibit A ". Exhibit A attached hereto is a statement of the kind and character of the services so rendered and the prices charged therefor, said statement being a true and correct copy of the Owner's account with the Claimant, as a result of which the sum of $5,415 was duly assessed against the above Owner and premises beginning July 1, 2013 and for which sum, including interest at a rate as set forth in the Agreement, a lien is claimed against the above LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C�3� /v premises in accordance with the Municipality Authorities Act of June 19, 2001, P.L. 287, 53 P. S. § 5601, et SeMc ., as supplemented and amended, and by consent and agreement of the Owner. TOWNSHIP OF HAMPDEN By: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. Solicitor for Hampden Township Date: June 7, 2013 -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. .a 0 � ) Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 717 - 761 -0119 Sewer Tapping Fee Payment Plan Application and Agreement Uwe understand that I/we are not eligible to utilize either payment option if I /we are currently delinquent in the payment of trash service charges, real estate taxes or any other payment due to Hampden Township. I /we, ta;1 O request that I /we be allowed to make alternate arrangements PRINT NAME(S) for payment of the required sewer tapping fee. Uwe elect Option 1 or Option 2 as outlined below. In support of this Uwe state the following: I /we am /are the record owner of real estate located at: ',�5ZUQ Street .Address City, State, Zip Code I/we presently reside at: 52 bp`�'�� Street Address City, State, Zip Code Phone Number: 7 7 - 2 —` - 19 ( - 0 '7 I /we understand that applications for payment plans will only be accepted from owners of existing properties which are developed with structural improvements (residence, business, etc.). I /we understand that tapping fees are required by the Pennsylvania Municipality Authorities Act of 1945, as amended, and are established by Resolution of the Hampden Township Sewer Authority. Neither Hampden Township nor the Authority is obligated to enter into a payment plan for payment of tapping fees; however, existing property owners who elect not to make payment of the tapping fee at one time in full, may utilize the payment arrangement described in this agreement. The total 'capping Bee applicable to my /our property is: $ (Q 0 (select one of the options below for your chosen payment plan) Option 1- I/we agree to the terms and conditions of the payment plan which are as follows: A payment equal to 5% of the total tapping fee together with a payment in the amount of $201.00, to cover the cost of a lien and legal fees, will be required at the time of application. The unpaid balance of the tapping fee will bear an interest rate of 5% per annum and the maximum term for repayment is 5 years. _Option 2 - I/we agree to the terms and conditions of the payment plan which are as follows: A payment equal to 5% of the total tapping fee together with a payment in the amount of $201.00, to cover the cost of a lien and legal fees, will be required at the time of application. The unpaid balance of the tapping fee will bear an interest rate of 6% per annum and the maximum term for repayment is 10 years. EXHIBIT A The unpaid balance will be billed in equal quarterly installments that will be included in the Township quarterly utility bill, and payment of the tapping fee installment will be due by the same date noted on my /our utility bill. Failure to make payments as billed will subject me /us to any collection remedies available to the Township that apply in the event sewer and /or trash charges are not paid, and I /we will be responsible for the Township's legal fees and costs in the event collection action is taken. I/we understand that by agreeing to this arrangement for payment of the tapping fee, I /we agree that a lien for the entire amount of the unpaid balance, including interest, will be placed upon my /our property. My /our payment of the amount of $201.00 covers the legal fees and filing costs to the Township to both file the lien and later satisfy the lien when the total tapping fee and interest have been paid in full. I /we understand and agree that the unpaid balance and interest must be paid in full prior to me /us being eligible to receive a building or zoning permit for any property in Hampden Township owned by me /us. Upon payment of all amounts in full, the lien placed on my /our property will be removed by the Township. I/we agree that at any time, payment in full of the balance due may be made by me /us without penalty for pre - payment. I /wc.acknowledge that this application and agreement must be signed by all owners of the above described. property and must be delivered, together with a payment of five percent (5 %) of the total tapping fee together with the sum of $201.00, to Hampden Township within 45 days after receipt of the Hampden Township Sewer Connection Notice. By signing this document and delivering it to the Township with these payments, I /we agree to all of the terms and conditions contained in this document. Uwe verify that the statements made in this document are true and correct. I /we understand that false statements herein are made subject to the penalties of 18 PA C.S. 4904, relating to unsworn falsification to authorities. Date: -�� 7� t �3 �� QU�`1� pplicant(s) Print Name(s) Applicant(s) Signature(s) Approved January 31, 2013 by the Hampden Township Board of Commissioners • , i COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) KEITH O. BRENNEMAN, ESQUIRE, being duly sworn deposes and says: that he is the Solicitor for the Township of Hampden, the above -named Claimant, and that the facts set forth in the foregoing Claim are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman Solicitor, Township of Hampden Sworn to and subscribed before me this 7th day of June, 2013. 9&77:) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg ooro, Cumberland County My Commission Expires Nov. 24, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES LAW OFFICES SNELBAKER & BRENNEMAN, P.C.