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Home My WebLink About05-0211 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.: CX--dl( MLD Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA alkla SUSANNA B OPPERMAN 16 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-090 Defendants. MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIRIMADAM: 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 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/k1a Susanna B. Opperman. 5. The property against which this claim is filed is known and numbered as 16 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: $ 484.50 $ 48.48 $ 1,000.00 $ 2,025.00 $ 3,557.98 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. 1} 1692 et seq. (1977), Defendant(s) may dispute the validity ofthe debt or any portion thereof. IfDefendant(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 ofthe above claim not having been made, enter the same in the proper Municipal Lien Docket and Judgment Index. By: Scott A. Dietteric , Esquire Attomey for Plaintiff PA J.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 a/k/a SUSANNA B OPPERMAN 16 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-090 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer . . ~ lA, ~\,1l{/!1' . Rents was served on the followmg thIS ~.n day of , 2005, VIa First Class U. S. Mail, Postage Pre-paid: D. Theodore Opperman 2812 Merion Road Camp Hill, PA 17011 Susanna B. Potera alk!a Susanna B. Opperman 2812 Merion Road Camp Hill, PA 17011 By: Scott A.' iet erick, Attorney 1.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRING TOWNSHIP AUTHORITY CliMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. .11-2002.02 .'\. RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTLi\lG A SClIEDLiLE OF A TTOfu"<EY FEES TO BE ADDED TO THE ,,\.MOUNT COLLECTED AS PART OF lVWNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. \VHERE.\S. to be Liir ", all Llie payer, "f the Silver Spring TclWliSlup Authl1rity (Ihe "AuthorH \, 1\ :1<'; necess:{[-y ((-)[ the Authority to recover prumpl!Y the ~\l11()Unl of delinquent ilnd (-,ther n1Ull1\.~IDJ] ('ha[f:t':-;. ~J1d If neCe'ssJr)", thriJugh kgJl pCih.:e:Zsing: J.nd WHEREAS. Inlhe past Ihe am0llI1t rec'uvered in such proceedings has been depleted by Ih" cost of reason'lblc altomey fecs lnClin'ed by the /\Ulh"rity in tile proceedIngs, thereby nuking, Ul the C;lse of smaller claIms. enforcement nOI fInancially teasible; and yVHERE!'IS, the General Assembly of Pennsylvarua has recently enJcted, as an mlendment to the Mwucipa! Claun, Act, Act NO.1 of 1996 (tile "Act"), wluch authorizes the ,\ddmg of the amUWH of reccsonable aitome)' fees and custs Ihe tuial payable with respect 10 tmpaid tJxes and other muniCipal clJims, but only tf the municipality involved has approved by resolutHlI1 " schedule of reasun"ble "ttomey fees; and Wll.EREAS, the Authority has detennlned Ihell it is Ln the best Interest of all the rate payers to have vigorous enforcemel1l of:111 delinquent and olher lU1pald charges. utilizing the pJ\il'edllles set fmlll in Ihe Acl; ami \VHEREAS, tIle Authority h:1S Ieviewed the subject otattomey fees for colledlol1 matters, and has determlned thaI the fees set forth in Ihe schcdule hereby adupled are reasoll:lble in "mOtult for the serViceS herein described. NOW THEREFORE. IT IS HEREBY ORDAINED Al\!D ENACTED by the BO:lld of lice S)tvc;r Sprmgs Township AUlhofJt)' a.s Follows: 1. Schedule of Fees. (aJ The !\uthority hereby appruves the following schedule of attomey fees fur services in connectmn with the cullection of Accounts, WIllCh is hereby determine,l lu be fell] and reasonable cumpensatllJll for the services sel lorth beluw,:lll lJ1 accordance with Ihe principals set fonllln Section 3 i,a.l)oflhe Ivtuniclpat Chims Law itS amended by Act No. ] of 1996 ithe "Act"): Legal Services Fee For Services lnitierl Review and send first demand Utter & Tnle repl)" :to 200.00 File lien ,ind send secund dem'll1d letter: Frep.ue \\lH ut Scire Facie", FJie WlIl SClv,,'e "i Will by Sherin $ 50000 PrCJnre 1ll1d mcrilleller under Pa, R C p, S DUll, Pref'me Enlry 'ct JuJ~ment. Notices, PleJc1ing~ Jl1ct i\tfidJvits :f, :15000 PrcpJJe Writ ,It EWlIU; ion: Attend,ll1CE at Saki ReView Schedule 01 Drstlll1nlron and Resolve Drstribution ]s,ues $1,975,00 SerVh:e5 not cCivered ;lbo'/e: Satisfaction of MlUllc\pal Lien Satisfac'lrun of Judgment Review of B1nkruptcy ! mcluding PlOuf of Claim I Motion for Reuef from the .l\uton1:1I\( Stay Motion t<x Special Service Pcmion to Reassess Damages Forbearance Agreement All other servrces :j; 400(1 $ 4000 :j) 250.00 .$ 625,00 :); lf5000 $ 275,00 $ 200.00 :); 125,00 per hOIlI i b) The ,rbuve JJJlOlU1tS include 311 estrmale of the reJsonable out-of-pocket expenses at counsel Ul cunneclion with e,rch of these services. '"5 lIen1lzed in Ihi' applicJble counsel bills. whicb oholl be deemed to be pari of the fees, (C i The Jmounr 01 fees determined. as set 10nh above Sh"ll be adeled II) lhe !\lJlhonty's cJaul1 In each 3CC:Ollnl. 2. CoUection Procedures, The fnUowing cullec[lun procedLUe" :tre hereby established In dccordJJ1Ce wIth IIct No, 1: 'J) At !edSl thli 11' (30) days pnor 10 aS5essU1g or rmposulg Jt\orney tees in cunnection with the coUection of 311 Account. Ihe Allthurlty shaU maJlor cause to be moiled, by cenuieel maiL rcttUTI rel'eipl requested, u notice of such intention to the rate p3yer or other entity boble for the AccowJt ithe "Accc.unt Debt(,\t''', f 0'1 It within thirty \:(0) dol's "iter mailing the notKe 111 accordance with subsectil)n \ a). the cenriied mail [0 an Accow1( Debtor IS rdmed l), Ull\.'lJil11ed or the rerWll receipt lS not received. then at lcas[ ten (10) c!JYs pric1! to the assessll1g or inlposing such :lltomey fees. the AuthorIty shall f,),jii ,'r ,'Juse to lJe mailed. by first class mail, a second notice to such Account Debtor. ,,') All nc,tices req[llfed hy this Resolution shaU be m.l1led II' the ,""ClUlUli Debtl'!"s List knc'wn post olllce address as recorded lJ1 the rec'ords or other lnturmall\m 0; the AuthOrity, or such other address as II m'll' be "hie to rJ1>t.llil frum [he County Offic.c ur' AsscssnK.ilt 2i.l1d ReV1SilJJl ofT~L\e~~< 'd! Exh notice as described :lbove shaJI include the tC,1I0Wlllg: i J) The type of (ax or other charge. the date II be1:'dme due and the :lmount owed, lilcluding pen:dty and lmerest: I u! A statement of the Authority's intent to impose or assess :I(tomey lees withUlthirty (30) days after the mailing of the fust notice, 01 withu) ten (10) days after the mailll1g elf the s<xond notice; uti) The manner iJ1 which the assessment or imposition of attol1ley fees may be avoided by payment of the Account: and flY) The pLlCe ufpayment fur the ACCOlUlIS ,md the name and telephone number of the AuthlJlity oifiCla] designated as responslble for the coileclton matter. J. Related Actioll. The proper otfici'lls of the Authoriry are hereby authorized and empmvered (0 tclke such additlon,]l action as they may deem necessary 01 apprupnate to inrplell1cnt this Resolution DULY .WOFTED By the Boaru the Silver Spring Township Authority on Jlule Iq~,I'~_ ,2002 ATTEST: ;1 srL \fER SPRING TOWNSHIP AUTHORJTY vJ . / /7 ' . By f/f,([f/& ('/. /~{~ Chaupq:5lln J iJ ""T"") Q ~ ":(~C> __ <p \) ~~~ ~~t2 r f~':o. .:::;::-1 ~:1 - C; C) -n '~'-".').'~.~.J.~ c)), D ,,,J "5'! -n i~~j i:'\ ::,;::. . :~'),rt, 0) (,.- ~:: .-"- (...11 ,,:- .'J '....:.. " - .-- 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 Plaintiff, No.: 05-211 MLD No.: Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA aIkIa SUSANNA B. OPPERMAN 16 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-090 Defendants. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIRIMADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: /. Scott A. D etterick, Esquire Attomey for Plaintiff PA!.D. #55650 P.O. Box 650 Hershey, PA 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 CWIL DWISION Plaintiff, No.: 05-211 MLD No.: Vs. D. THEODORE OPPERMAN SUSANNA B. POTERA aJkja SUSANNA B. OPPERMAN 16 E. MAIN STREET NEW KINGSTON, P A 17050 PARCEL# 38-19-1621-090 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to SatisfY Municipal I/Lu C J Lien was served on the following this ~ day of --.--J\.tI\r~ ,2005, via First Class U. S. Mail, Postage Pre-paid: D. Theodore Opperman Susanna B. Opperman 2812 Merion Road Camp Hill, PA 17011 Respectfully Submitted" JAMES, SMITH, D By: Scott A. ietteri k, Esquire Attorney LD.#55650 P.O. Box 650 Hershey,PA 17033 (717) 533-3280 1~~ (). s Q :tJ t'- ~ D:""" t.v w r- ~~E ~ '~<l r :: ---) , r-) \.!J'