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Home My WebLink About05-0857 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.: Di" -fr-1 MLD Vs. MARY KAY VIA 18 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-141 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. g306, 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 is Mary Kay Via. .. 5. The property against which this claim is filed is known and numbered as 18 Warwick Circle, 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 Jines 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: $ 484.50 $ 53.48 $ l,OOO.OO $ 2,025.00 $ 3,562.98 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. 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 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, SMJTH, DIETTERICK & CONNELL, ',Y,.',,!,. ,p /:", ': .IN(. 1,1 7\V1 ) . ,. I / iI.,' By' ". ~/ . , i '.,~ / Scott' A. Diettenc , 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. MARY KAY VIA 18 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-141 Defendant. CERTIFICATE OF SERVICE Rents was served on the following this The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer /4 .4t~ day of f:;d'1YYTl7 ,2005, via First Class U. S. Mail, Postage Pre-paid: Mary Kay Via 18 Warwick Circle Mechanicsburg, P A 17050 SlL VER SPRING TOWNSHIP AUTHORITY CllMBERLAND COUNTY. PENNSYLVANIA RESOLUTION NO.A-2002-02 .-\ RESOLllTION APPROVING COLLECTION PROCEDl1RES AND .-\DOPTll~G A SCHEDlJLE OF A TTORJ\!EY FEES TO BE ADDED TO THE Ai\10lTNT COLLECTED AS PART OF l'vHJNICIPAL CLAIMS FOR DELINQUENT SANITARY SE'VRR ACCOUNTS. \VHERE.c\S. lG be Llir t(", all rate p;1ycrs of the Silver Spring T\)wl1ship Autl1\.)rit) I[he ".-\lltlKniIY"" 1\ IS necess:'.ry (1)1' the Authl'\rity t\.} rec()ver plumplly Ihe ;lmount of delll1qllent J.nd l,iher J1lul1i\.'i;:lJI c'h,u'sC's. ;lI1d if neceSSJry, thrDugh ifg:ll pt"()Ce:'''ll1g: Jnd WHEREAS, in [he past the Jmount recovered i.n such proceedings has been depleted by the cost or re:J.soI1able J.ttorney fees incwTed by the Aurhmity in the pruceedings, thereby mJJ-:i.ng, in the C:1Se of smJller cl:1ims. enforcement not financially feasible; ~lnd 'vVHEREAS, the General Assembly of Pennsylvania has recently enacted, as an :lmendment to the Mwucipal Claims Act, Act NO.1 of I ~)96 (the "Act"), which authorizes the ~\ddmg of the amGWlt of reasonable attomey fees and costs the total payable 'vvith respect to lU1pa.id taxes Jnd other municipal claims, but only if the municipality involved has approved by resoll/tlon a schedule of reasonable atti)fney fees; and \\ll-lEREAS, the Authority has determined thett it is in the best mterest of aU the nte payers to hJve vigorolls enforcement of :\11 delinquent and other lU1paid charges, utilizing the prucedures set 1'01111 in the ACl; .ll1d \VHEREAS, the Authority has revieweli the .subject at attomey fees for coUet'tlOl1 matters, and has determined thaT the fees set forth in the schedule hereby adupted are reasonable in amOtUlt fDr the services herein described. NOW THEREFORE, IT IS HEREBY ORDAlNED AND ENACTED by the Board (It ii~C' SilVer Springs TI)wnship Authority CIS Follows: 1. Schedule of Fees. 1:.1) The Authority hereby J.ppruves the following schedule of JtlOmey fees for services in connection with the cullection of ACC01U1tS, which is hereby determined to be fair and reasonable compensation for the services set forth below, aU Ul accord:mce with the principals set forth in Section 3 (a.l) of the 1Vlunicipal Cl:1ims Law ,IS 3mended by Aet No. ] of 1996 rthe ".I\ct"): Legal Senices Fee For Services !Jutial Review 3.nd seEd first dem,md Letter & Title report ;]; 200.00 Fi le ! ien ,md :;end secund ctern,\J1d letter: Prq~arc Writ 01' S\.~ire FJci,lS, File Writ Service cd' \\\i[ bv Sherift s son.on Prepare and m;lil letter under Pa. R. C. P. ~ 2:17.01; Prep;lre Entry (If Judgment. Notice~, PIt\}dH1g~ Jnd Affidavit,,- $ ::;50.00 PrcpJlc Writ \-}f Extellt ion: ,'"',ttenda.nee at Sale: Review Schedule 01 Distribution and Resolve Distribut ion Issues $] .975.00 SerVIces nOt (overed above: Satisfaction of Ivlunlcipal Lien Sutisfadiul1 of Judgment Review of B<tnkruptcy (including Prouf afClaim) Motion for Relief from the Automatic Stay Motion for Special Service Petition to E\eassess Damages Forbear:mce Agreement All other services :); 40.()O .$ 40.00 ,~ 250.00 $ 625.00 $ LfSO .00 $ 275,00 $ 200.00 $ ] 25.00 per hOlli (b) The above amOtu1ts include an estimate of the reasonable out,of-pocker ex.penses or cOlmsel in connection with each of these services, as itemized in the Jpplic.1ble coul1~cl bills, which .')h;1]] be deemed to be part of the fees. ((j The amount of fees determmed, as set fonh above shall be 3dded to the Authority's cl3.i.m in each account. 2. CoUection Procedul-es. The foUGwmg collectlUI1 procedwes ale hereby established in accorda.nce with Act No. I: (:I) At least thirty no) days prior to assessing or imposing Jttollley tees in cUJlJlection with the collection of 311 Account, the Allthority shall mail or cause to bemailed.bycertifiednuil.re[tuTI receipt requested, u notice of such intention to the rate payer or other entity liJble for the Accow1t (the "ACC(;'.Jnf DeblOr" ) I b') 11 within thirty DO) cbys J.fter mailing the notice III accordance with subsecti()J1\ J). tl1e cenifie.ci mail to an ACCOWlt Debtor is refused or t:,,'1c13imed ~Ir tl1e refWll receipt JS not received. then at leasl ten (10) c1;1yS prior to the assessing or imposing such ;1ttomey fees. the Auth(lnty shall I~JJil \'r ('Juse to be mailed, by fU'Sf class mail, a second notice to such Accoullt Debtor. I.C. \ All notices required hy this Resolution shJU be mailed (~. the ,~CLlHUlt DeDt("!( S !;lst kncl\Vn post olfIce J.ddress J.S recordt'd in the re~'c)rds or vther illliJrmJlj~)]l of the Authority, or such other address as it Imy be able ro O!"IJlJ1 lTem. the (\jLUllY Olfice \..If Assessment iind 1<.evi::;j(lll or T:.l\e:S. ,dl LLCh nt")ti~'e as described above shall include the flil)ov.'lng: (1) The type of tax. or other charge, the date it bec;l\TIc due Jnd the J.mOLU1t (.l\ved, including penalty ,1Ild imerest: Ill! A statement of the Authority's inteI1lto impose or 3.ssess attollley fees within thirty (30) days after the maili.ng of the first notice, 01 \vithi.n ten (10) days after rhe mailing of the second notice; (ill) The manner in willeh the assessment nr imposition of attomey fees may be avoided by payment of the Account; ;ind (IV) The pL1ce of payment for the ACCOlUllS ,md the 1l<lJ11e ::1l1d telephone number of the Autholity official design:lted as responsible for the collection mitter. 3. Related Action. The proper officiJls of the Authoriry are hereby authorized and empowered to take such additional action as they may deem necessary or Jppruprj,ne to implement this Resolution. DUL Y ADOPTED By the BOJIU the Silver Spring Township AuthlJrity on .lllJlc )q'j,I'L_ , 2l)(j1. ATTEST: /f/ jf . ./) / F.. I i .' / /. l~,S fer e t J.j" y' SILVER SPRING TOWNSHfP AUTHORITY fl' ~' /7". By: f!/d/c!(tl. r/. /'jX-:?{VV2-J .'J ! . . Ch(Jirp~};5Un . 1~ ,.. p ~ 7l - fl .t. 0 0 ~. 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