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Home My WebLink About05-3771 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.: ()~ -3"!7/ MLD Vs. LORIL.HOCKENBERRY 8 FAIRFIELD LANE MECHANICSBURG, PA 17050 PARCEL# 38-19-1621-200 Defendant. 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 ofthe 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 Lori L. Hockenberry. 5. The property against which this claim is filed is known and numbered as 8 Fairfield Lane, 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 July 1, 2004 to and including the present. Rental. Penalties. Interest. Collection Fee and Costs AS OF Julv 15. 2005 Sewer Rents through 2nd Quarter 2005 Penalties through December 7,2005 Attorney' Fees Court Costs and Fees TOTAL: $ 559.71 $ 68.11 $ 1,000.00 $ 2.025.00 $ 3,652.82 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. ~ 1692 et seq. (1977), Defendant( s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) does so in writing within thirty (30) days ofreceipt 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 ofreceipt 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. ITH, DIETTERICK & Y,LLP By: Scott A. Di , sqUire 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 CIVIL DIVISION Plaintiff, No.: MLD Vs. LORI L. HOCKENBERRY 8 FAIRFIELD LANE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-200 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 ?J~ day of l1/'k~ ,2005, via First Class U. S. Mail, Postage Pre-paid: Lori Hockenberry 8 Fairfield Lane Mechanicsburg, P A 17050 Respectfully Submitted: JAMES, S IT , DIETTERICK & CONNELLY, LLP By: Scott A. i . tteric, squire Attorney J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 su. VER SPRING TOWNSHIP AUTHORITY CUMBERLAND COllNTY, PENNSYLVANIA RESOU1TlON NO. .1.-2002-02 A RESOLlITlON APPROVING COLLECTION PROCEDURES AND o\.DOPTIJ'\TG A SCHEDULE OF ATTOfu'\TEY FEES TO BE ADDED TO THE AM01JNT COLLECTED AS PART OF ]VHlNICIPAL CLAIMS FOR DELINQUENT SANiTARY SEWER ACCOUNTS. WHER.E.'\S. 10 be Llir ,c' all r'lre payers ,)Ithe Silver Spring Tllwnslup Autl1l1rit Y \ the "AuthorJlY"\, II 1.< necess,n'y 1,1[ the Authority to rec,)vel plumpll)' Ihe J1110Ul1\ 01 delll1quent :!nli \-dher lnuni(ip~iJ ~h~u-ge~. 2.nd if nel'esSJry, thri.)ugh ifgJ.l pr()I..'e~_\]llg; Jnd WHEREAS, in [he pa:il the alTIOlll1t recovered in such proceeDings has been depleted by the ,'O,S[ of re~,oluble :lttome)' fees inClined by the Authority in iJw proceedings. thereby nuking, U1 the C;lse 01 smaller claims. enforcement not financially feasible; and \VHEREAS, the General Assembly of PClUlsylvarua has recently enacted, as an :\mendment to the lvIwucipal Claims Au, Ac[ No. I of 1996 (tile "Act"), wluch authorizc:; the ,rdding of [he amowlI of re'lson~ble attome)' fees ~lJld costs the tot'll payable with respect to IUlpaid taxes and other rnurucipal claims, but only if the mlllucip,jlity involved has approved by resolution a schedule of reasonable aft,rIlley fees: and WHEREAS, the Authority hilS detelmined [h,,[ it is iJ1lhe best interest of aU the relie payers to have vIgorous enforcement of ~II delinquent and other lU1paid charges, utilizing the prucedmes set f,111h ill the !\Cl; 3.nd \VHEREAS, [he Authority hJ5 reviewed the subject 01 attomey fees for coUe<:t1on matters, and has determined thaI the fees set forth m the schedule hereby adopted are reasonable Ul Jmo\UlI 1'01 the services herein described. NOW THEREFORE, IT IS HEREBY ORDAJNED AT\!D ENACTED by the Board nt li-:c S11viCr Spnng.-:: Township Authority as Follows: 1. Schedule of Fees. I aJ The Authority hereby approves the fllUuwing ,chedule of attomey lees flll services in connection with the cullectJon of Acco\U1ts, which is hereby determined to be fair and reaso1lllble compensation for the services set forth beluw, aU in accord2JlCe w1th the prinClpals set 100"I)r in Section 3 (a.l) of Ihe Municipal Claims Law ilS amended by An No. I of 1996 !the "."\ct"l: Legat Services Fee For Services IJlitiil] Review and ser,d first demand Letter & Title repon $ ~OOOO File !Len ,',nd send second demand letter: l'reprue Writ or Scire Facl:ls, File Writ Scr\'ice (I!' Writ bv Sheriff S; 50000 Prqxlre Jnd maillener underP3 R. C. P, i; 2)701; Prep,ue Eno'',' ,)f Judgment. Nolices. PleJdlng~ cmd Affidavits :1- 350.00 Prcpcile Writ elf Ewell! ion: Attenda.nce at Sale: ReVIew Schedule 01DIslrrbulioll and Resolve Distribution Issues j;1,~75(1) Services not ,'overed above: Satisfdction of Municipal Lien Satisfadioll of Judgment ReVIew ilf Bankruptcy (mcluding. Prouf of Claim) MOIioll fen Rellef from the Automatic Stay Motion h,r Special Service Petition to Keassess Ddmages Forbearance Agreement All orher services :}; 40.()(J $ 40.00 $ 250.00 $ 625.00 $ LfS{J 00 $ 275.00 :}; 200.00 $ 125.00 per hom i bl The abuve amO\U1lS include an estunate of the reasonaLlle out-of-pocket expenses or counsel ill connectioll with each l1f these. services. as ItemIzed in the Jppljc~ble COUI1'cI bills. which ,hall be deemed to be part or the fees. I Ci The al110unr or rees determlJ1ed. as set fOl1h above Sh'lll be adeled II) \he Authl1rity's clalm in each account. 2, Collection Procedul'es. The following cCJllectlon procedwes ;ue hereby esrablishfd In accordance with Act No I: ia) At IedSt thuty t30j days prior to assesslllg or imposing attorney tees in cU1U1eclion with the coUection of an Account. Ihe Anthor;ty shall mili) Or cause tD be mailed, by certified l\ml. rettun receipl requested, u notice of such intention to the rate payer or other entity liable for the ACcowlllthe "ACC<',,"1 Deblor") I (l Ii within thirty (30) dol's aiter maiILng the notice in accordance with sUbSeCtle))1 \ J). the cenified 111Jllto an AccoW1t Debtor is refused or nncl3\lned ()r the retwll receipt lS not received, then at least ten (10) d;lYS prior \0 the Jssessing or imposing such :Jttomey fees. the Authc1flty shall l"uil ,'[ CJuse to be mailed, by first class mail. a second notice to such AcCounl Debtor. ,,') All notic'es reqlllred hy tlUs Resolutil,n shall be mailed te' the AeTUrUll Debtc'" s List krK,\Vn post office Jddress JS recorded ill the re,'ords \1l other inkllJl1atll)Jl of the AuthorIty. or such other address as It may be able to ,)bIJl11 l1--iJn1 the COlUll Y O((ice uf AS5eS::imcJ1t and Revisl(nl or TJ.\cS. ! d! E:le-h nCl{ice a" described above shall include the kdlowulg: ,. 11 The type of lax or other charge. the dale it becuTIe due and the JmOrlllt (lwed. including penalty and UHereSl: rll) A slale-me]]t of the Authority's intent to impose or assess ,,!tomey tioes within thirty (30) days after the mailing of the iust notlCe. Ol within ten (10) days alter the mailmg of the second notice; t w) The manner in wluch the assessment or imposition of 3ttomey fees may be avoided by payment of the ACCOWlt; and i iVI The pLlce of payment for the ACCOWHS :U1d [he nJme Jnd telephone nnmber ,]1 the Autholity official designJted as responsible for the coUection matter. 3. Related Action. The proper officials of the Authority are hereby authonzed and empowered 10 lake such addillona] actIOn as they may deem necessary or apprupriate 10 implement tlUs Resolution DULY ,WOPTED Bv the BOJIU the Silver Spring Township Auth(lrity onlLUlc jq'J/'L_ ,21)1j2 ATTEST STL VER SPRlNG TOWNSHIP AUTHORtTY rJ. y:? /7 - By fll,tf/,'.!& f/ ./p{e.JV::V Ch(liJpe~ArJn ;J I.J CAJ0~ Il.. \t. ~ -!:- _ r- () F -- ~ 0 '\ ~6':V ~ ~:3.f- ~ ~ ~ ~ -1: ~ (,) (,) .,D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY P.O. Box 1001 NEW KINGSTOWN, PA 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-3771 MLD VS. LORIL.HOCKENBERRY 8 FAIRFIELD LANE MECHANICS BURG, PA 17050 PARCEL# 38-18-1621-200 Defendant. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Municipal Lien filed at the above - captioned term and number satisfied. ^ By: S tt . Di terick, Esquire Attorney for Plaintiff PA LD. #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 P.O. Box 1001 NEW KINGSTOWN, PA 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-3771 MLD VS. LORIL.HOCKENBERRY 8 FAIRFIELD LANE MECHANICSBURG, PA 17050 PARCEL# 38-18-1621-200 Defendant. CERTIFICATE OF SERVICE Lien was served on the following this The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Il:;ht day of ~~ ,2005, via First Class U. S. Mail, Postage Pre-paid: Lori L. Hockenberry 8 Fairfield Lane Mechanicsburg, P A 17050 Respectfully Submi d: 1 JAMES, SMITH By: Scott . iette ,squire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~~ ~ , ..-.... ~ ZY ~> ~ ~~\ \ ~ Gt ~ .' ...., c~~ c.:~ cf"l. r'" (,;~) -', w -"1 C/.) 0-'