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Home My WebLink About05-0856 .. 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.:C>r -P!;L MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 P ARCEL# 38-18-0289-081 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 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 of1945, 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 Michael B. Scott and Marsha L. Scott. 5. The property against which this claim is filed is known and numbered as 11 Bayberry Drive, 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 Januarv 31,2005 Sewer Rents through 2nd Quarter 2005 Penalties through September 7, 2005 Attorney' Fees Court Costs and Fees TOTAL: $ 1,339.73 $ 133.99 $ 1,000.00 $ 2,025.00 $ 4,498.72 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 Plaintiffwill 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, DIETTERICK & CONNELL Y1fLP If'" ,- i; j! ,! / f ! I ; By: Scott A. iette' , squire Attorney for Plaintiff P A 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 CIVIL DIVISION Plaintiff, No.: MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICS BURG, P A 17050 PARCEL# 38-18-0289-081 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true1P, d correct copy of the M. unicipal Claim for Sewer 'A , Rents was served on the following this I 'f c' . . day of 1...< {it- ' 2005, via First Class U. S. Mail, Postage Pre-paid: Michael B. Scott Marsha L. Scott 11 Bayberry DRive Mechanicsburg, P A 17050 Respectfully Sbbmitted: JAMES, S~I'E D T CK & CONNELLY, LLP By: /j ~~ Scott A. Di'etterick, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SIL VER SPRING TOWNSHIP AUTHORITY CUJvIBERLAND COUNTY. PENNSYL VANIA RESOLUTION NO.A-2002-02 .-\ RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTll'\lG A SClIEDlJLE OF A TTORJ'\IEY FEES TO BE ADDED TO THE .-\1\10UNT COLLECTED AS PART OF IVll1NICIPA.L CLAfMS FOR DELINQUENT SANITAHY SEWER ACCOUNTS. WHEREAS. [0 be Llir [c' aU LEe payers 1)1' tJ1e Silver Spring T,)wl1sh.ip Authl.my !the "Authc!lllY"" II lS llecess~J,ry (l\f the Authority to rec()ver plumplly lhe ,11110Unl of delinquent and 'l\her J11ufli,'I~_\iJ ~'h,u'ses. 2nd if neceSSJrv, thn.iugh ieg:ll pl'{)(eSslllg; :lad WHEREAS, U1 (he past the amount recovered in such proceedings hJS been depleted by the d).sl ot relsOJ1Jble J.tlOmey fees incwTed by the Authority in the pruceedings, thereby nuking, U1 the C:1.se of smJller cl3.ims. enforcement not fmancially feasible; and \\'1-l.E RE AS , the General Assembly of Pennsylvania has recently enacted, as all :tmendment tlJ the MWllcipal Clctims Act, An No.1 of I ~)96 (the "Act"), which authorizes the adding of the amow1t of reaSOllJble artomey fees and costs the total paynble with respect to lU1paid taxes Jad other mUrUcipal claims. but only if the mlllllcipality involved has approved by resOLlttlon a schedule of reasonable attilmey fees; and VlHEREAS, the Authority has determined lh,-It it is in the best mterest of a.ll the rate payers to have vigorous enforcement of 311 delinquent and other lU1paid ch;u-ges, lltiJizll1g the prucedmes set f(illh in the ACI: and WHEREAS, the Authority hJS leviewed the subject of atlomey fees for coUe-l:tion malleI'S, and has delermined thm the fees set forth in the schedule hereby adupled a.re reasonat>le in Jmom1\ fen' the services herein described. NOW THEREFORE. IT IS HEREBY ORDNl'fED A1\JD ENACTED by the Board 01 ii'.C: Silver Springs Township Authority as Follows: 1. Schedule of Fees. I J} The A.lIthority hereby Jpproves the following ~chedule of attomey fees for services in connection with the cuUection of ACcOlU1tS, which is hereby delerminee] to be fair and reasonable compensatIon for the <;ervices set forth below, aU in accordance with the principals set fOll11 in Section 3 (3..]) of the t\.'lunicipdl Cl:Jims Law as amended by Act No. ] of 1996 ([he "Act";: Legal Services Fee For Services lniti:1l Revie\v and send first demand Letter & Title report 1> 200.00 File lien ;llld ::;end second dem~lJ1d Jetter: PrE[l,ue \\ril uf S(ire Faci;1s, Fiie \Vrir Service (It" \Vrn bv Sheriff 5; 50000 Prcp,ue and rn;"\illetter under Pa. R. C. p, S 2:)7.01; Prcp;ue Entry .:,f Jl1dgnlent. Notice~, PleJdrngs Jnct Atfidavits $ .350.00 Prcp;i\c Writ lit EWL\1\ion: i\rte!lcLmLe <1t Sale: Review Schedule OJ Vlstribntii.:\il and Resolve Distnbut ion IS.'illeS $1.975.00 SerVices !lOt l'iwered above: Satisfaction of MUrUclpal Lien Satisfa".-tion of Judgment Review of B<lnkruptcy (including PlOuf of ClJim) lv10tl011 for Relief frum the Autom;'llic Stay Motion ti.)1" Special Service Petition to Keassess Damages ForbearJ.nce Agreement All other services :); 4()()O $ 40.00 ,~ 250.00 $ 625.00 $ LfF50 .00 $ 275.00 5) 200,00 $ 1 25 ,00 per 110 1lI i b\ The abuve amOtU1ts include all estimate of the reasonable out,of-pocker expenses of cOlmsel ill conneclion with each of these services, as itemizeu i.n the Jpplicable counsel bills, which ~hJ.lJ be deemed to be p3J.t of the fce~. (() The J.n1ounr 01 fees determined, :1:-; set fonh above shall be added [0 the Authority'S clain} in eJch accounl. 2. Collection ProcedUl'es. The foUuwing collecl1un procedwes are hereby established in accorda.nce with Act No. I: 1:1) Al least lhill y (30) days prior to assessing or imposing Jttollley tces in connection Wilh the collection of all Account, the Authoriry shalJ l1liU] ur CJlISe to be mailed, by certified mail. retlUTI receipt requested, a notice of such intent 10n to the rate payer or at her ent it y IiJ ble for the Accow1t (the" Acec. uJ1f Debtor" i \ 'c.'\ If \vithin thirty (30) d3YS 3.fter mailing the notice in accordance with subsecti"ln \ J). the celllfiecl mail to an ACCOW1t DeNor is rd'used or 1:"''1c13imed ell" the retwll receipt is nOt received. then at teast ten (10) cL1ys prior to the assessing or imposing such i1ttDmey fees, the Authl1nty shall L1Jil \'f CJuse to be mailed, by first class mail, a second notice to such ACCl)Unt Debtor. l i.." 1 Allnotic'cs required oy tills Resolution shaU be mailed le' the ,-\e~lUlU1l Debt\.,( s LIst knclwn post olfice address as recc.ll"ded in the re...'ords OJ" 0Iher int.JrmJlilm of the Authority. or such other address :.1S J[ lmy be ablt' to llblJ.1l1 rr~)m [he C0i.U1l)' Oifice vI Assessm~nt aDd Revisiull of TJ\c::;. I d 1 E:lch notice as described ,1bove shall include the kdlowu1g: (1) The type of tax or other charge, the dale it bt'cllTIl? due Jnd the J.mOIU1{ (lv/cd, including pencilty and i.mere:-;t: Ill) A statement of the Authority's intent to impose or 3SSt'SS :ittomey fees within thirty ()O) days after the mailing of the fi.rst notice. OJ \vithin ten (10) days after the mail i.n g \.If the se-eond notice; (ill) The manner in which the assessment or imposition of attamey fees may be avoided by payment of the Account; Jnd (lV) The pL1CC of payment for the ACCOLUllS ,md the I1Jme Jnd telephone number of the Authulity official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authoriry a.re hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this Resolution. DUL Y /\DOPTED By the BOillU the Silver Spring Township Auth(lrity on JWlt Iq'~.h...,_ , 2f)(j2. 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