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Home My WebLink About05-0854 .. 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.: DS -15'-1- MLD Vs. GARY SHIMMEL, PEGGY SHIMMEL, and THE UNITED STATES OF AMERICA 6611 CARLISLE PIKE MECHANICSBURG, P A 17050 PARCEL# 38-18-1332-042 Defendant. MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys J AMES, 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. S306, 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 Gary Shimmel and Peggy Shimmel. 5. The United States of America is a Defendant in accordance with the terms of28 U.S.c. S2410, as amended November 2,1966, P.L. 89-719. A lien was filed on December 8, 2004, in the Prothonotary's Office of Cumberland County, Pennsylvania by the United States of America against Defendants at No. FTL 2004-6142 in the amount of$13,161.81. 6. The property against which this claim is filed is known and numbered as 6611 Carlisle Pike, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17050. 7. 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 Januarv 31, 2005 Sewer Rents through 2nd Quarter 2005 Penalties through September 7, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 623.21 $ 62.32 $ 1,000.00 $ 2,025.00 $ 3,710.53 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. 8. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 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 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 ofthe 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, DIETT K &f--6.0NNELL Y, LLP By: I- -~~ Scott A. Diet erick, 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 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION Plaintiff, No.: MLD Vs. GARY SHIMMEL, PEGGY SHIMMEL, and THE UNITED STATES OF AMERICA 6611 CARLISLE PIKE MECHANICS BURG, P A 17050 PARCEL# 38-18-1332-042 Defendant. 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 f 4 At, day of ~ ' 2005, via First Class U. S. Mail, Postage Pre-paid: Gary Shimmel Peggy Shimmel 6611 Carlisle Pike Mechanicsburg, P A 17050 United States of America c/o Mary Catherine Frye U.S. Attorney's Office Federal Building, 228 Walnut Street Harrisburg, P A 17018 RespectfUllY~Ubmitted: JAMES, S ./. I T..l~,. DIETTERICK & CONNELLY, LLP : ( 7{ . f " ) . . By: Scott A. ietten~ Attorney J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRING TOWNSHIP AUTHORITY CUMBERLAND COl.lNTY, PENNSYL VANIA RESOLUTION NO. A-2002-02 A. RESOLUTION APPROVlNG COLLECTION PROCEDURES AND ADOPTll'lG A SCHEDULE OF A TTORI~EY FEES TO BE ADDED TO THE Al\10UNT COLLECTED AS PART OF IvnJNICIPAL CLAIMS FOR DELINQUENT SANITAHY SEVVER ACCOUNTS. WHEREAS. to be bir ~\' aU Llte payers of the SiJver Spring Township Autl1L1f1ly Ithe "AlltI1Cll1\Y"', l\ 1\ ilC'Ct'SS;l1'\' \tlf the Authority (G recover plUmplly the JIT10lllH of delInquent and \Jiher lllunil'I::"tll'h,u-Ses, J.nd It' neceSSJrv. thruugh lepl prl)(e~sJl1g; Jnd WHEREAS, ill the p~lst the amount recovered in such proceedings Ius been depleted by the d1St of re1sonable Jttomey tees inculTed by the AUnlOrity in tile proceedings, thereby nuki.ng, i.n the else of smJller l'l3.ims. enforcement not fin,'tncially feasible; and \VRE RE AS , the General Assembly of Pennsylvania has recently enacted, as an :llncndment tv the Mwucipal Claims Act, Act NO.1 of 1996 (the "Act"), which authorizes the ctddi.ng l)f the anwwlI of reasonable attomey fees and costs the total payable \.-vith respect to UJlpaid taxes Jnd other municipal claims, but omy if the municipality involved has approved by resolutlon a schedule of reasonable att\)mey fees; and \^l1-lERE AS, the Authority has detelmined th,'\[ it is in the best interest of aU the r,lte payers to h3.ve vigorous enforcement of ::11\ delinquent and other tU1paid charges, utilizing lhe prucedmes set f,if1h ill the ACl: and \VHEREAS, the Authority hJ.s reviewed the subject ot attomey fees for collection llialters, and has determined thJf the fees set forth in the schedule hereby adupted are reasonahle in J.mOlU1t for the services herein described. NO\V THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Board of ib:: Silver Spring::; Township Authority :is Follows: 1. Schedule of Fees. ta) The /\uthority hereby :lppruves the foUuwing .schedule of altomey fees [or services in connection with the cullection of Accounts, which is hereby determine{1 to be fair and re,1sonable compensatIon for the services set forth below, aU in accord:mce with the principals set fonh in Sect ion 3 (J. J) of the I\ilunicipal Cl:1ims Law (IS 3mended by Act No. ] of 1996 ([he "Act"): Legal Services Fee For Services lruti<11 Revie\v and send first dem,md Letter & Title repon $ 200.00 'File lien ,md :)end second dem;\J1d letter: Prerarc Wm vi Scire rJCi,lS, Flit' \Vrit Scrvi(e (Ii' \\:m bv Sl1erlff s son.O() Prcp;lre Jnd m'lilletter under Pa. R. C. P. S 2:)7.0 I; Prep;lre Entry I:,i Jlld~menL Notice.:', PleJdings Jnd Affidavit:; $ 3S0.0U Pr('p~e Wrir \-li ExeCl)j ion: i-\rtend:mle a\ Sale: Review Schedule 01 Distribution and Resolve Distribution IS:i\Jcs $1.975.00 Services nOI covered above: Satisfaction of rvhmicipal Lien S;itisfallion of Judgment Review of Bcll1llUptCY (includmg Proof of Claim) rV10lio11 for Relief from the Automatic Stay Motion t~)r Special Service Petition to tZeJssess Damag.es ForbeJ.raDce Agreement All other services $ 40.()O $ 40.00 ,~ 250.00 $ 625.00 $ LfSO.OO $ 275.00 $ 200.00 $ 125.00 per hom i b) The ,lbuve amOlmts include an estimate of the reasonable out-of-pocket ex.penses of ((HUlSel m connection with each of these services, as ilemiz.ed i.n the jpplicJ.blc COUJJ~cl bills, which ~hall be deemed to be part of the fees. I Ci The amount 01 fe.es determined, 3:-; set 1'onh above shall be added to the Authority'S claml ill each Jccount. 2. CoUedion Procedures. The foUl)wing collectlV!1 procedwes ~Ue hereby established in accordance with Act NO.1: (:\) Alleaslthirly (30) days prior to assessing or imposing JttoIl1ey fees in cunnection with [he collection of:111 ACCOUJlI, the Allthoriry shaU mail ur c:mse to be mailed, by certified mail. rermn receipt requested, u notice of su(h intention to the rate payer or other entity JiJ.ble fGr the ACCOWlt (the "Ac((,tjnt Debtor" j ,. \ t.:l If within thirty (30) d:lYs J.fter mailing the notice in accordance wlth subsecti,,'l1 \;1), the certltie.cl mail to an Accow1t Debtor i~ refused or lL'lclJimed "r the retwTl receipt IS not received. then at least [E'11 t 10) a:l)'s prior \0 the assessi.ng or imposing such :lttollley fees. the Auth",m)' shall c1Jil \\[ C:luse to be mailed, by first class mail, a second notice to such ACCOLlDi Debtor. I,'j All notices required oy tills Resolution $h3U be mailed t,! the i\C'-.01UH Debt\.,:-'s I:l:,t knc.wn post office address as rec(lrded in the rC'c.'ords llr ,,)[her \llknl11:1[il)J1 of the Authority, Of such other address as it m:iy be able to ObiJUl lJi.lm the C0LU1lY OCtice \,)1 Assessm~at and RevislLI!) of TJ:\cs. I d) E:h'h notice as described :1bove shall include the kdJo\.\/U1g: \ 1) The type of i::tx or other charge, the dale it be.ccime due Jnd the J.mOlU1t (lvved. including. pelliilty Jnd iJllere.~t: Ill) A statement of the Authority's intent to impose or :1Ssf'SS ~ittOll1ey fees within thirty nO) days after the mailing of the first notice, 01 within ten (10) days aner the mailing \..If the second notice; (ill) The manner in which the assessment or imposition of 3tt()mey fees may be avoided by payment of the ACCOW1t; and (IV) The place uf payment for the ACCOLU1lS :tnd the l1;)me and telephone. number of the Authori.ty official desigmted as responsible for the collection mJtter. 3. Related Action. The proper officials of the Authority are hereby authorlzed and em!)\'\wered to t,lke sllch additlona] action as they m~y deem necessary or apprupfi:1te t(l irnplel1lcntthis Resolution DUL Y ADOPTED By the BOJILl the Silver Spring Township Authority on .ltme jq'j,k.._ , 2fH'i'2. ATTEST: SIL YER SPRING TOWNSHIP AUTHORlTY I .' \_/(-p~. ~. h_l: ...),--,\..-1 C lill Y ) yJ. ~J /7'. Bt. fI(d/;7..(a- c/. !~{eXV Chi'lllpqiun 'J ,/ -Q~ "i 'i ~ c - tJ ~ Ch -::-t rL.. o -.:l r- -::r t :P ~ t=- - .-0.'" \_.} . ;1 , ' , t '-, <;" C' - 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, PS'f No.: 05-985-5 MLD Vs. GARY SHIMMEL, PEGGY SHIMMEL, and THE UNITED STATES OF AMERICA 6611 CARLISLE PIKE MECHANICSBURG, PA 17013 PARCEL# 38-18-1332-042 Defendants. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: Scott A. Dietterick, Esquire Attorney 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 CNIL DIVISION Plaintiff, No.: 05-0855 MLD Vs. GARY SHIMMEL, PEGGY SHIMMEL, and THE UNITED STATES OF AMERICA 6611 CARLISLE PIKE MECHANICSBURG, PA 17013 PARCEL# 38-18-1332-042 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Judgment was served on the following this "(6 ~ day of IV! W'j ,2005, via First Class U. S. Mail, Postage Pre-paid: Gary Shimmel Peggy Shimmel 6611 Carlisle Pike Mechanicsburg, P A 17050 United States of America c/o Dennis Pfannenschrnidt U.S. Attorney's Office Federal Building, 228 Walnut Street Harrisburg, PA 17018 ~ CONNELLY LLP By: Sco A. iet! , Esquire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "'; id \ ~ ~ 0 - ~ ~ ... 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