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Home My WebLink About05-0090 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.: ()~ - qO MLD Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA aIkIa SUSANNA B OPPERMAN 12 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-093 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 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 ofthe Act of 1945, P.L. 382, 53 P.S. g306, Municipalities Authorities Act ofl945, 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 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 D. Theodore Opperman and Susanna B. Potera a/k/a Susanna B. Opperman. 5. The property against which this claim is filed is known and numbered as 12 E. Main Street, Silver Spring Township, New Kingstown, 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 October 1, 2003 to and including the present. Rental. Penalties. Interest. Collection Fee and Costs AS OF December 31. 2004 Sewer Rents through 2nd Quarter 2005 Penalties through June 8, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 737.22 $ 73.75 $ 1,000.00 $ 2,025.00 $ 3,835.97 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 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 & CONNEL~ ' LLP By: Scott A. ie Attorney for Plamtiff PA!.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. D. THEODORE OPPERMAN SUSANNA B. POTERA aJk/a SUSANNA B OPPERMAN 12 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-093 Defendants. 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 .3 ~ day of1~ ' 2005, via First Class U. S. Mail, Postage Pre-paid: D. Theodore Opperman 2812 Merion Road Camp Hill, P A 17011 Susanna B. Patera aJk/a Susanna B. Opperman 2812 Merion Road Camp Hill, P A 17011 , I , By: I Scott A. Diet eric , E Attorney LD.#55 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRING TOWNSHIP AUTHORITY CLli'VIBERLAND COllNT)', PENNSYL VANIA RESOUITlON NO. ,1,.-2002-02 A RESOL1JTION APPROVING COLLECTION PROCEDURES AND ADOPTIJ'IG A SCHEDULE OF A TTORJ'IEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHEREAS. [0 t'e hiT iC' aU rene payers of the Sliver Spring Tllwnship Auth"nty [the "Al1lhooty",. II 1'; nfcess:"v f,'r the Authority to "eCOVCl prump\\y [he ,rmDUl1l of delinquent anll (-Jiher 1l1UIlil'ip:lll'hcu"gt';-;. 2nd If ncceSSJry, Ihruugh legJ\ prl.KTs\l1lg; ~lT1j WHEREAS. ill the past the amount recovered in such PrQceedings has been depleted by the ,'nsi otreJsonC1ble morne)' fees incuaed by the AUlhonty in tire pruceedillgs, thereby nuhng, ill the else of smJller clamls. enforcement not {wancra]]y fnsibk; and 'vVHEREAS, tile General Assembly of PennsylvlwJa has recently enJCted, as an 1mendment tll the Mwucipal Claims ACt, Act NO.1 of )S196 (the "Act"), which authorize:; the :\ddmg of the am,'Wl1 of rec1somb1e attomey fees and costs the tot31 payable Ivith respect to IUlpJid la;;e:; and other murucipal claims, but only if the mU1ucipality involved has approved by resollltll)\l a schedule of reasonllble att\1mey jees; and WHERE AS, the Authority has detelmmed thdt it is in the best mteresl of aU the rate pllyers to have VlgorOllS enforcemeI1l of ,1I] delinquent and other lwpald charges. \ItiJizurg the prucedmes set fOl1h in the Act: J.nd \VHEREAS, the Authority has leviewed the subject 01 atlomey fees for coUedlon matlers, and has determined thai the fees set forth ill the schedule hereby adupted are reasomble in amolmt for the services herem described. NOW THEREFORE. IT IS HEREBY ORDNNED AND ENACTED by the Board ot \l',,,~ ~llvl:r SpnlJg;; Township Authon!y as Follov/s: L Schedule of Fees. I JJ The ,i'llthority hereby approves 1I1e foUuwing schedule of a(tomey fees for services in connection with the cullection of ACC01U1tS, WlllCh is hereby determine,l to be 1:1ir and reasonable compensation for the services set forth below, "11m aeCOrd2J1Ce with the principals set fan], in Section 3 (a,1) of the Munic\pdl Claims Law ilS 3m ended by Act No ] of ]996 !the "Act"): Legal Services Fee For Services initir1] Review and send first dem:Uld Letter & T,tle repl1i1 j; 200.00 File lien rmd send ,ecund demrmd letter: Prepare Wiiluf Selle F'KlJS, File Writ Scp'ice ,,1 Wri, by Sl1erlft :); 500.0il 1'rCJlr1re al1u mail letter under 1'3. Rep. S 23701: Prepare Entry >:'i .Judgment. Notices, PJcJding:) 311li AtlidJ.\iib $ 3500iJ PrCpJh' \\1m (',i Execlllion: ,-\ttend,lnce at Sale: Rn'lew Schedule Ot DistrlbntlUn anu Resolve Dlstribullon Issues $1975.00 Services not covered :1bove: Satisfaction of Mmllcipal Lien Satisfactlun of Judgment RevIew of Bankruptcy I including Prouf or CIJim) Motion for Rebe.f from the Automatic Stay Motion ("r Special Service Petition to Keassess Damages ForbeM~nce Agreement All other services :); 4li()[) :Ii 40.00 ,$250,00 :Ii 62500 $ 'f5000 $ 275,00 :\) 200.00 :); ] 25.00 per hom i b) The abllvc amO\U1ts include an estimate of the reasomble out-of-pocket expenses of cCllmsel U1 connecllon with each of these services, as llemized in the "PpllCJble coun,cl bills, which Jh~JJ be deemed to be part of the fees. (c) The amount of fees determmed, as set fOJ1h above shall be adeled to the l\utl1ority's cI31m in each account. 2, Collection Procedures, The following eollecrion procedwes 'lie hereby established in accordance with Act No 1: lJ) At le~sl thilly 130; days prior to assessing ur imposing att'}ll1ey tees m connection with the collection of an Account, the Authority shall mJIi or cause to be mailed, by cer\uied mall. retum receipt 1equested, u notice III such Intention to the rate payer or other entity liable for the Accow1t I the "Accnunt Debtor" ) 10-' If within thirty (30) days after mailing the notice m accordance with subsecti,)n \ a), the certlfie{j mail to an Accow)t DebtOr is reDJsed or lil1cLlimed ()r the re'lWTl r~celpt is not rtc~ived, [hen at least {en (lO} days prien [0 [he Jsse~sD1g or imposing such :Jttomey fees, the Authonty shJII mail ,'1' CJUSe to be mailed, by first class mail, a second notlce to such Account Debtc,r. ,,' I Ail ne'llces reqmred by this Resolution shaU be maded (,) the /\",.UlUll Debt,'''-'' Lt,,1 kn,"wn post olfll'e Jddress as recorded lJ) the lh'ords 11l other illklllllJljcl11 of the Authonty, or such olher addre" as it mllY be able to ot.l:nn lTiJm the C\)Unl\ Ol'fice vI' ASSes:)!11cnt c\.nd Rev},':)I,)]) of TJ.\ts. ,d) Exh llDlice a" described above shall include tk fulIowU1g: III The type ot\ax or otIler charge, the date It bee-lIme due and the amount owed, Dlcluding penalty and llllere,t: I il! A statement of the Authority's mtent to impose or "ssess atlomey tees withillthirty (30) days after the mailillg of the fllstnotice, Ul withUl ten (10) days alter the mailmg of the s[('ond notice; (illi The manner ill which tIle assessment or imposition of attorney lees may be avoided by payment llf the Accllunt; and I IV) The pLlce of payment for the ACClllUlls IlTId the IlJme and telephone number III the Authority offiCial desigll3ted as responsible for the coUection matter. 3, R~lated Action. The proper olhcials of the Authority are hereby autIlorized and cmpmvered to take such additional action as tIley may deem necessary or apprUpflllte tel implement tms Resolution DULY ,WOFTED By (he DOllnllhe Stiver Sprmg Township Authority on JlDJe jqML_ 12/)()2. ATTEST: /71 f ./7 It', /' (_...____-/1 I Se.cret3.ry SlL VER SPRING TOWNSHIP AUTHORlTY ) /? I~' xl. 'y/ _/J '. By. f/lffi,"!& C/. !~P{eXV CnilU peYSrmJ (J ~ hJ - r;::. .l: () .....' 0 \t- c;, "- c:: <:~::) -., C> "" c_ ..... \1 :;.? :c --n X frip ...........r-n - ~ -J 1 :::~lcr ~ (J1 ',-,) ( ) p:- ::::1-Tl )oJ """ (-'~> :::} ,.-- ~..4- .__~1) ~ (~~lfn ::0 - .-~-..l ~.Y ~t -~. .C- C;:l -c W -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION P1ainti ff, No.: 05-090 MLD No.: Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA a/kla SUSANNA B. OPPERMAN 12 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-093 Defendants. PRAECIPE TO SATISFY MUNICU'AL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: ~)tt A. Di tterick, Esquire Attorney for Plaintiff P ALD. #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.: 05-090 MLD No.: Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA alk!a SUSANNA B. OPPERMAN 12 E. MAIN STREET NEW KINGSTON, P A 17050 P ARCEL# 38-19-1621-093 Defendants. CERTIFICATE OF SERVICiE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this _( lj;l,v day of f~2~~ ' 2005, via First Class U. S. Mail, Postage Pre-paid: D. Theodore Opperman Susanna B. Opperman 2812 Merion Road CampHill,PA 17011 Respectfully Submit d: JAMES, SMIT ~CONNELI'Y'LLP Pf/{) Scott A: Diet rick, Esquire Attorney 1.D.#55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 By: