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Home My WebLink About05-0210 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.: DS -.;].ID MLD Vs. RICHARD D. ALBERTSON 6603 CARLISLE PIKE MECHANICS BURG, P A 17050 P ARCEL# 38-18-1332-038 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 1. 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. 9306, 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 ofthe 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 Richard D. Albertson. 5. The property against which this claim is filed is known and numbered as 6603 Carlisle Pike, 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 December 31. 2004 Sewer Rents through 2nd Quarter 2005 Penalties through June 8, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 530.95 $ 53.10 $ 1,000.00 $ 2.025.00 $ 3,690.45 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. 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. ITH, DIETTERICK & LLP By: Scott A. Dietterick, Esquire Attorney for Plaintiff PA LD. #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. RICHARD D. ALBERTSON 6603 CARLISLE PIKE MECHANICS BURG, P A 17050 PARCEL# 38-18-1332-038 Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of truniciPal Claim for Sewer Rents was served on the following this ~ day of 1',~_r "-I'j , 2005, via First Class U. S. Mail, Postage Pre-paid: Richard D. Albertson 6603 Carlisle Pike Mechanicsburg, P A 17050 Respectfully S JAMES, S By: Scott A. Dietterick, Esquire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlLVER SPRING TOWNSHIP AUTHORITY CLlMBERLAND COUNTY, PENNSYL VANIA RESOLUTION NO.A-2002-02 .-\ RESOLlJTION APPROVING COLLECTION PROCEDURES AND ADOPTLNG A SCHEDULE OF A TTOR1'\lEY FEES TO BE ADDED TO THE AlllOUNT COLLECTED AS PART OF MUNICIPAL CLA IiVlS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHERE,\S. 10 be Lm ,C' :111 r:ne IXt)n, "f the StIver Spnng T,]\VliShlP Authonty \ the ".:\utltc!ri!y"\, i1 1:\ neCc5S:U')' fl-\f the Authority to reCl)VCr prumptly the ~lml,)llnt of delinqUent ~Ul1.1 ,-dher nlunIL'i~);1l ('h(U"~e:,. 2nd d \1e((,sSJf:'>\ thl\iugh it'g31 prOl.'c:\\mg; ;}nd WHEREAS. ill the p~\otthe arnountlecllvered in such proceedings has been depleted by the ,'nst of re1son:lble JtlOmey fees incuned by the Authonty [n the pruceedmgs. thereby nuking. U1 the C~lse of smaller chims. enforcement n,,1 fll1c1nciCllly feasible; and WHEREAS, the Genera] Assembly of Pennsylvania has recenlly enacted, as an :llnendment lel the MwucipaJ Clillffis ACt, Act No. I of ] 996 (the "ACI"), which au tho riLes the :\ddmg of the :lml1WH nf reasonable attomey fees and costs the total payable with reopect to tmpaid ta~es and other mUl1JcipaJ claims, but oruy [f tile municip:llity involved has approved by reStllutlon a schedule of reast)J13ble alt,)mey fees; :md \VH.EREAS, the Authority hilS de(etmined Ihat it is in Ihe best mteres( of aU tile rate p:iyers to have VIgmons enforcement of all delinquent and otlIer lmpaid chcu-ges. utilizing the procedmes set forth in the Act; and VvHEREAS, the Authority has leviewe\1 the subject of atlomey fees for cQUedlOn matters, and has determined thai the fees set forlh in the schedule hereby adupted em: reasonaDle in JmO\Dl! t'ur the services herem described. NOW THEREFORE, [T rs HEREBY ORDAll'JED A.ND ENACTED by the Board oj \i'.\~ Sliver Springs Township Authot"1ty JS Follov;"c;: 1. Schedule of Fees. I oj The /\uthorrty hereby :1pproves the folluwing schedule of attomey fees for services ill connection with the cuUection ot' Accounts, which is hereby determinezlto be fair and reasonable compensatIon for the services set tlmh below, aU in aCCOrd2J1Ce IYith the principals set fonh in Section 3 la.l) of the tvlunlCip;,tl Claims Law ilS amended by Act No. ] of 1996 ((he "ACI"): Legal Services Fee For Services Lmtial Review and ser.d first demand Letter & Title repoil :], 200.00 Flk !tell find ,end second demand letter: I'refl;Jre Will uf S,'ne FaCt:ls. File Writ SerVICe (,r Will by Sherin S 500.00 Prq'are and mlilletter under Pa R. C p, S 2.1701: Prepare EnD'y ,)f Jud~ll!cnt. NOllce" PleJding::- Jnli AttidJ\/il~ ~h 350.00 Prepcue Wrn ,-,I Execlltion: i\ttc!1lhnce :11 Sale: Rn'lew SChedule 01 Distllbulion and Resolve Distlibution Issues :);1,9:).00 SerVlLe:; not C()\!ered ~1bove: Satisfaction of Municipal Uel1 Salisfadilln of Judgment ReVIew of Bankruptcy iincluding Prouf MClalm) Motion for Rebei from the Automatic Stay MOlion for Special Service Petitiont" !:Zeassess Damage, ForbeJ.r~nce Agreernent All other services :j; 41100 :); 40.00 :j; 250.00 $ 625.00 $ L{15{JOO $ 275.00 $ 200,00 :j; ]25.00 per ham I b) The abuve amolUlts Ulclude an estinlate oi the reasonable out-of.-pocker e^penses oi counsel Ul Cl1nnecllon wilh each of these services, .IS itemneu in the :tppllcoble counsel bills, which ,hJII be deemed to be part of the fees. I C j The amount of fees deterrnllled, 3S set fonh above shall be added lu the I\uthorily's c lain] in eac 11 account 2. CoUection Procedures. The following culleCllun procedwes are hereby established in accordance WIth Act No ]: I. oj AlleJst thiny (30) days pnllrln Jssessing or imposing JPotTIey tees in connection with the collection of ~11 Account, the Authority shall mail or cause to be maiJed, by certVied mail. rettun receipt requested, "notice of such I!1tention to the rate payer or other entity llUbJe fur the ACCOWJt {the "ACCi',unl Debtor" j '[.1 ]j within thirty 1.30) days :liter mailing the notice 111 accl'rdance Wltl\ subsec(lc,\1 ,a). the cenrfie{]111aJlt,):ln Accow1! Debtor IS rei\lsed or tl:;lcbimed (II" the rcrWll receipt is not r~(eived. then at le3sr ttn (10) (lays pric1] [0 the J'Sessll1g or mrposing such r1ttomey iees. the AUlhc'flty sho.llmail "" ,'JU,<.: \0 be mailed, by fu'st class J1lail, a second nOI\c<.: to such Account Debtor. '.1 I AU notkes requIred hy this Resolution shaU k )11,\lled I,> tht ,-\cYULUli Debtc'''' s 1,131 knolVn post ot'ttce address JS recorded il1 the re,'urds or ,'thel u1turm:lItcllI of the Authority. or such other address :15 it mety be able to ,)Ham IT;Jn1 the CC!lUll y OffiCe u( Asses:)!11c;;1f alld Revlsi~:)l\ (Jf TJ\.es. ,iil Exh noliee as described above shall include the t'UIlC,wuIg: (1) The type of tn or other charge. the date It beclme due Jnd the J!11JIlI1! (Iwed, Ulcludlng penallY and U1teresr: I u! A statement of the Authority's intent to IJTIpose or assess :lttomey fees wllhin thirty 1]0) days after the mailing of the flist notlce, 01 withmlen (10) days after the mailing of the second notice: (ill.! The manner in which the assessment or imposition of attomey fees m3Y be avoided by payment oi the ACCUWlt; and (IV 1 The pLrce uf payment ior the ACCULU1IS and the name :111d telephune number of the Aulhurity oifiela] designated as respOllslble for the collection matter. 3. Related Action. The proper offici~ls of the AuthDrilY are hereby authorized and cmpmvered to trlke S\lch addl\1l1nal actIOn as they may deem necessary or apprUpIir\le tel unplemcnt this Resolutlon. DUL Y ADOPTED By the Boaru the Silver Sprmg Township Authority on .l\ine I{{.H~_ \ 2U(j2. ATfEST SiLVER SPRING TOWNSHIP AUTHORiTY / /)/rl. yf'. /7 ' By //r$,?(a (/. 1~"J4::{~ Cha'upCl"un j f,~ ;;:J ~ ~ t\g ~~ ~E- -..L.. ...... v., :g [;; ';:,) ::~ -< "'-,' ~~::> ~~.::l ~..n ~ <- :J.''''' ;..;4.""': o "'11 .-] X...,\ rl1 f~"" <11 r~) C~) o ...... __k<- , C) :")1;'1 ~;~ .,;,:J --<. (J (,!1 <..J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY P.O. Box 1001 NEWKINGATON,PA 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-0210 MLD NO.:05-0706 Civil Term./' VS. RICHARD D. ALBERTSON 6603 CARLISLE PIKE MECHANICSBURG, P A 17050 PARCEL# 38-18-1332-038 Defendant. 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. Dietterick, 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 P.O. Box 1001 NEWKINGATON,PA 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-021O MLD NO.:05-0706 Civil Term VS. RICHARD D. ALBERTSON 6603 CARLISLE PIKE MECHANICSBURG, P A 17050 P ARCEL# 38-18-1332-038 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 f '2 ~ day of ~~. ,2005, via First Class U. S. Mail, Postage Pre-paid: Richard D. Albertson 132 Briar Patch Drive Carlisle, P A 17013 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, P A 17013 Respectfully Submi JAMES, SMITH By: Scott A. Dietten quire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~ 0 ~ ^ ~ 11 () C') ....' 0 ,'--" --- -n D CJ'I (,") =? - ~ ~ .. ., H'i .' II" -.-" c.y )J c....) ~ ~ J - ~ ,- IS' C,) 0) c::;