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Home My WebLink About05-0855 ... 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.: ()~ - ?sS MLD Vs. JERRY W. BATES ANN MARGARET BATES 322 RIDGE HILL ROAD CARLISE, PAl 70 13 P ARCEL# 38-19-1623-002 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. ~306, 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 Jerry W. Bates and Ann Margaret Bates. 5. The property against which this claim is filed is known and numbered as 322 Ridge Hill Road, Silver Spring Township, Carlisle, Cumberland County, Pennsylvania 17013. 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 Januarv 31, 2005 Sewer Rents through 2nd Quarter 2005 Penalties through September 7, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 688.20 $ 73.91 $ 1,000.00 $ 2,025.00 $ 3,787.11 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. 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 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 ofthis 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, SM~TH, DIETTERICK & CONNELL~;LL~ ~\ m: \ ; ~/.. ;, By: /, . 1tv Scott A. Dletteric , 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 DNISION Plaintiff, No.: Vs. JERRY W. BATES ANN MARGARET BATES 322 RIDGE HILL ROAD CARLISE, PA 17013 PARCEL# 38-19-1623-002 MLD 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 ~ day of ~.~vl~ ,2005, via First Class U. S. Mail, Postage Pre-paid: Jerry W. Bates Ann Margaret Bates 322 Ridge Hill Road Carlisle, P A 17013 By: SlL VER SPRfNG TOWNSHIP AUTHORITY Clli\'fBERLAND COUNTY, PENNSYL VANJA RESOLUTION NO. A-2002-02 A RESOLllTION APPROVING COLLECTION PROCEDURES AND ADOPTLt'\fG A SCHEDlJLE OF A TTORI',1EY FEES TO BE ADDED TO THE Ai\lOUNT COLLECTED AS PART OF l\'lllNICIPAL CLAIMS FOR DELINQUENT SANITARY SE\VRR ACCOllNTS. WHEREAS. [0 be Llir ie' aU LHe payers Ill' tl1C' Silver Spring Tt)WllSrup Auth(lrity uhe "AuthcJliIY" \, \1 1:-; nt'ctss:~ry 1,)[ the AUlhf"1rity to re(()ver prump!!y the ~tmOL\J1[ of delInquent anLi lliMer munil'I:J;!] l'h(u'~e:-;. .::nd if lkYeSSJry. thE.ugh iepl pl\h:e~sjl1~; Jnd WHEREAS, in the past the amount recovered in such proceedi.ngs has been depleted by the ,ost of re1soJUble J.tlOmey fees incWTed by the Authority i.n tl1e proceedings, thereby fmkil1g, in the C:1se of smJller c!:lims. enforcement not financially feasible; and VlHEREAS, the General Assembly of Pennsylvania has recently enacted, as an :1mendment to the Mwucipal CI~lims ACl, Act No, I of 1996 (the "Act"), which authorizes the ~ldding of the amowlt of reasonJ.ble attomey fees and costs the total payable with respect to lUlpaid taxes ;lnd other municipal claims, but only if the mUlucipality involved has approved by reSOllttlon a schedule of reasonable att()mey fees; md \^/1-1.EREAS, the Authority hit:) determined lh.tt it is i.n [he best interest of aU the rate payers to have vigorous enforcement of all delinquent and other lU1paid charges, lltiJizll1g the prucedmes set f(l]1h ir, the ACl; J..nct VfHEREAS, the Authority hJS reviewed the subject of atlomey fees for collectIon matters, and has determined thaI the fees set forth in the schedule hereby adupled are reasol1;ltl!e in ;lIllOlUlt for the services herein described. NOW THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Board 01 ih:: .silVer Springs Township AuthoritY:is Follows: 1. Schedule of Fees. ta) The Authority hereby appruves (he [U1l0\vi.ng schedule of attomey fees fur services in connection with the cuUection of ACCOlillts, which is hereby determined tu be t:1ir and reasonJble compensation for the services set forth below, aU in accordance with the principals set forth in Section 3 (3..1) of the f'v1unicipal Chims Law itS 3mended by Act No. ] of 1996 fthe ",~ct"): Legal Services Fee For Services l.n.iti,11 Review and seEd first dem,lnd Letter & Titk report $ 100.00 Flle lien ,-lnd :;t"nd secl)nd clem,\nd letter: Prer,llc Wiil ut S\.jre r3CiJs, Fiie Writ Service i)r Writ by Sl1eriJf S 500.00 Prcp,lre :lnd mail letter under Fa. R. C. P. S 2:17.01; Prep,lre Entry (\f Judgment. Notice:;, Ple:J.ctings 3n,.1 Affidavits $ 3j(J.OU PrcpJJt' Writ \-,1" E:\ecl11 i,)n: ,-'\ttenoa.l1ce at Sale: Review Schedule 01 DistJ'lbtltii')ll and Resolve Distribut iOlllsslles $L975.00 Services not covered above: Satisfaction of lvltmicipal Lien Satisfadiun at Judgment Review of B:m.kruptcy (including Prouf of Claim) Motion for Rel.1ef frum the Automatic Stay Motion hlr Special Service Petition to Keassess Damages Forbeara.nce Agreement All other services :\; 4000 $ 40.00 .~ 250.00 $ 625.00 $ Lf150 .00 $ 275.00 $ 200.00 :]} 125.00 per hom (b) The abuve amOlU1ts i.nclude iln estimate of the reasonable out-of-pocket c:x.penses of cOlffisel U1 connection with e,lch of these services, as itemized in the Jppliclble counsel hills, which sha.l1 be deemed to be part of the fees. (C) The amount of fees determined, :1:-; set fonh above shall be added to the Authority's clain1 in eJ.ch accollnt. 2. CoUection ProcedUl'es. The foUowing collectlun procedwe:-i :u'e hereby established in accordance with Act No. I: (J) At least thilly (30) days prior to assesslllg or imposing Jtlomey fees in CUJ1J1ection with (he collection of an ACCOUJlt, the Authority shaU mail or cause to be mailed, by c.ertified mail. retlUl1 receipt requested, u notice of su(h intention to the rate p3yer or other entity liable for the ACCOW1t I the "ACCC.tJrll Debtor" i I C'-l If within thirty (30) dJ.Ys 3.fter mailing the notice in accord31Kc with subsecti\.J}1 ~a). the ccrtlt'ie.cl mail to an Accow1t DebtOr is refused or tt.ac13imed ,'I' the reiWTl receipt IS not received. [hen at least [el1 (10) days prior (0 the assessing or imposing such :lttomey fees. the Auth\.)ri[y shall J:1Jil <'r CJuse [0 be mailed, by first class mail. a second notice to such Account Debtor. ,.,') All noti('C's reqlllred oy tills Resolution shaD bemailed(l~the.6.l~.L.lU)l Debt($ s I;rst knclwl1 post office 3.ddress as recorded ill the re,,'ord::; lJ] other iJlltJrm1li,H1 of the Authority. or sllch other 3ddress a5 it lmy be Jble to ol.iiJin lTi.lnl the C$lU1t)' Onlce vI AsseSSmCjlt find RevisiLlll of T;.L\es. f d 1 E:lch notice as described above shall include the following: (1) The type of tJ.X or other charge, the dale it becllTIc due Jnd the :lmCllU1t (lvv'ed, il1cl ud in,? penalty and i.l1[ere~t: Ill) A statement of the Authority's intent to impose or assess ;itlOll1ey tees within thirty nO) days after the mailing of the fust notIce, 01 \vithi.n ten (10) days at'ter the mailing of the second notice; (ill) The manner in which the assessment or imposition of attollley fees may be avoided by payment of the Account; Mid 11V) The pLlce uf payment for the ACCOLUllS cwd the lli1me Zllld telephone l1l\lnber of the Autholity official designated as responsible for the collection matter. 3_ Related Action. The proper officials olthe Authority are hereby authorized and eml)\')wered to take such additional action as they m8.Y deem necessary or dpprupri,ne to implement this Resolulion. DULY .WOPTED By the BOJIll the Silver Spring Township Authority on JWlt )qM\....._ , iOn'}, ATTEST: _ 1 // f !ilt! I .' -4 (L- 1._....... - , (. . / Secret3JY ) SILVER SPRiNG TOWNSHIP AUTH01ZlTY . //' /; " Il. Y/./. Bt. 1/($/./&- C/. i/'fr?{~ Ct1Zlupqz;on '.J / -{Q.. ptt~ 1 ~ g ~ ~ '\ ~ ~ ~ ..:t ....::) r ..c: W :D C> .:(- J: , ) - 1 ._ .I f-' "' ~,.."- r< - 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.: 05-0855 MLD Vs. JERRYW. BATES ANN MARGARET BATES 322 RIDGE HILL ROAD CARLISLE, P A 17013 PARCEL# 38-19-1623-002 Defendants. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIRIMADAM: Please mark the Civil Term I 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 MECHANICS BURG, P A 17050 CNIL DNISION Plaintiff, No.: 05-0855 MLD Vs. JERRY W. BATES ANN MARGARET BATES 322 RIDGE HILL ROAD CARLISLE, P A 17013 PARCEL# 38-19-1623-002 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 '"26 .~ day of ~, 2005, via First Class U. S. Mail, Postage Pre-paid: Jerry W. Bates Ann Margaret Bates 322 Ridge Hill Road Carlisle, PA 17013 Respectfully Submitted: JAMES, SMITH, D & CONNELLY LLP By: Scott A. Dietterlck, Esquire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~ (:) "<l. 1'\f.- !"\ CJ -1-' () '-1 -r () - i-j-: - ~ I....) " ~ _1 t", ..c:: ~ _.~~ ~ ~ - ~ ~ <:.'? iii C~ ............. CJ