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Home My WebLink About05-4896 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY P.O. BOX 1001 NEW KINGSTOWN, P A 17072-1001 Plaintiff, CIVIL DIVISION Vs. No.:()S-4pctlo MLD DENIS P. SICCHITANO 31 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-132 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 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 ofthe sewer rates for which this claim is filed. 4. The name ofthe owner(s) or reputed owner(s), ofthe property against which this claim is filed is Denis P. Sicchitano. 5. The property against which this claim is filed is known and numbered as 31 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 lines 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 September 15. 2005 Sewer Rents through 2nd Quarter 2005 Penalties through March 8, 2006 Less Payment Attorney' Fees Court Costs and Fees TOTAL: $ 489.20 $ 52.16 ($ 276.80) $ 1,040.00 $ 2.025.00 $ 3,329.56 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. IfDefendant(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 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. By: // j I Scott A. Di~terick, Esquire Attorney for Plaintiff P ALD. #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.: MLD Vs. DENIS P. SICCHITANO 31 WARWICK CIRCLE MECHANICS BURG, P A 17050 PARCEL# 38-19-1621-132 Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of ~e Mun;;[a' Claim for Sewer Rents was served on the following this \ ~ -~ day of j...e,;t i"1. ,2005, via First Class U. S. Mail, Postage Pre-paid: Denis P. Sicchitano 31 Warwick Circle Mechanicsburg, P A 17050 Respectfully S~mitted: JAMES, SMYTH IE / .1 '1 I i K & CONNELLY, LLP By: Scott. . Diette cki Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 SlL VER SPRING TO\VNSHIP AUTHORITY CUMBERLAND COlJNTY, PENNSYLVANJA RESOLUTION NO. ;\-2002-02 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTL'\TG A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE Ai\10lTNT COLLECTED AS PART OF l\'l1JNICIPAL CLAIMS FOR DELINQUENT SANITAHY SEWER ACCOUNTS. \\'HEREAS. to be Llir L\-' aU LHe payers or the Silver Spring T\)wl1shjp Authomy Ilhe .. AlltlKJli\ y",. \\ b neCtSs~',rv t,'I' the Authority tel rcC\)VCl prump{ly {he ,\mOUnl of delinquent and ,liher mUi1!\.'i;);ll \.'h,u-ges. 2.l1ct lr nccessJry, rhr.Jugh legJI pllx'cssiilg; ~m.d \VHEREAS, ill the p~tst the aITIOlll1t recovered U1 such proceedings has been deplett'd by the d>S! of reJsoJ1Jble Jttomey fees inCUlTCd by the Auth()lity ill the proceedings, thereby nuking, U1 the C;1Se of slTI3.11er cbims. enforcement not fU1;l11cially fe,lsible:; Jnd \VHEREAS, the General Assembly of Pennsylvaru3. has recently enJcted, as an :1mcndment to the Mw-ucipa.l CI(tirn~ Act, Act NO.1 of I ~)96 ~the "Act"), which authorizes the :tddi..ng of the amuwH of reasol1Jble aHomey fees J.J1d costs the total payable 'with respect to lmpaid taxes and other municipal claims, but onJy if the municipality involved has approved by resolutlon a schedule of reasonable att()mey fees; W1d V'/HERE AS, the Au thority has detelmi.ned that it is in the best mterest of aU the r,lte payers to have vigorolls enforcement of etll delinquent :U1d other lmpaid charges, Utiliz.Ll1g lhe prucedmes set f01111 i.n the i-\ct; 3.nd \VHEREAS, the Authority has reviewed the subject at attamey fees for collection matters, and has determined that the fees set forth in the schedule hereby adupted Jre reasonJble in JmOtUlt for the services herein described. NOW THEREFORE. IT IS HEREBY ORDAll'JED A.I\JD ENACTED by the Board of \i~( Sllvcr Springs Township AuthoritY:is Follows: 1. Schedule of Fees. (:1) The /\\lthority hereby approves the fOU0\A/lng schedule of attomey fees for services in connection with the cullection of ACCOlU1tS, which is hereby determine.d to be fai.r and reasonJ.ble compensation for the services set tanh below, aU in accord,mce with the principals set forth in Section 3 (a.l) of the I\'luniclpal CIi1ims Law ,IS amended by Act NO.1 of 1996 (the ".t'\ct"): Legal Services Fee For Services lniti,11 Review and seEd first dem,md Letter & Title repon $ 200.00 Ftle lit'1l ,lno ::>t'no secund ctem,md letter: PiC}',UC Wiit ut S,'ire FaciJs, Fiit: Writ Scr\l,'e ()l \Vm bv Sheriff :); 500 on Prcp,1re and mijilletter under P3. R. C. P. j 2:\7.0]: Prcvm~ Entry e,f JlldtI11ent. Notice::;, PleJdmg:-: Jnd AtfldJvib $ 350.00 PrcpJJe Writ elf Execlli ion: AttencLmce at Sale: ReVIew Schedule 01 Distribution and Resolve Distribution Issues j) I .975 .00 SerVlces not l'(wered above: Satisfaction of Ivlunicipal Lien SatisfcKliol1 of Judgment Review of Banlauptcy (including Prouf of CLlim) !\!lotion for RelJef from the Automatic Stay Motion h)j Special Service Petition to .Keassess Damages Forbe3.r:mce Agreement All other services $ 4()()O $ 40.00 $ 250.00 $ 625.00 $ I.{15(J .00 $ 275.00 5) 200.00 $ 125.00 per hOlli i b) The above amOlU1ts include all estllTlate of the reasonable out-of-pocker ex.penses of cOlillsel U1 connection with each of these services, as itemized in the appllc:J.ble counsel hills, which "h:.1l1 be deemed to be part of the fees. rei The Jmount of fees determlJled, 3.:'; set fonh above shall be added to the Authority'S (]3im in each account. 2. CoUection Procedures. The fo!Juwmg collection procedwes (LIe hereby established in accordance with Act NO.1: (a) At kast thu t y (30) days pnor to assessmg or imposing at torney tees in cUl1J1ection with [he collection of till Account, the Authority shaLl mail or (Juse to be maiJed, by certuied m:.l.ll. retlUTI receipt requested, u notice of such intention to the rate payer or other entity l1JbJe for the ACCow1t (the "Acec,unt Debtor"' i I bl It \vlthin thirty (30) days after mailing the notice 111 accordal1ce wlth sUbSe(th.lJ1 \ a). [he cerufied maIl ll) an Accow1t DebtOr is refused or lll1Cl3imed \.11" the retwll receipt IS not l'eceiw<-i. then at least ten (10) (bY5 prior to the assessmg or imposing such ~lttomey fees, the Authority shall JJ1JiJ i'r CJuse to be mailed, by filsl class rmil, a second notice to such Account Debtor. 1.1.) All notices reqUired hy this Resolution shall be mailed h:' the Al~I.UlUll Debe,'!' s Lt;;t knc1wl1 po 5t (I thee address JS recordEd ill the I"t'<.'mds or other inklJI1l3lil1l1 of the Authonty. or such otller address JS it m:{y be able to obLHI1 t'r;JD1 [he (\jLU1lY Office ur Assessment alld P.evi::;il}l) of TJ.xts. i d \ E;Kh !l(l(\ce a.~ described above shall include tht' fc'\!owmg: (I) ThE type 01 tax or other charge, the dale It be(:~lmc due Jnd the Jm011l1t owed, ulcluding perulty :.md illleresr: Ill) A statement of the Authority's intent to impose or :l,;sess ;:itlumey fees \Vlthin thirty (30) dJYs after the maili.ng of the first notIce, l)] withu11en (10) days aner the mailing of lhe second notice; (ill) The manner Ul which the assessment or imposition of :1ttomey fees may be avoided by payment of the Account; and I JY) The place uf payment for the ACCOWlts ,U1d [he name Jnd telephone number l)l the AuthOlity official desigmted as responsible for the collection mJ.tter. 3. Related Action. The proper otlicials of the Authority are hereby authorized and empllwered to take such additional actIon as they may deem neceSSill)' or apprupn.1te [() implement this Resolution DULY ,WOFTED By the SoanJ the Silver Spring Township AuthCJrity on Jlme IQ'HL_ I 20n2. !\TTEST: " q f dkl// (>J~4.. (, ~,-., ' :JecretJ.iY ) SILVER SPRING TOWNSHfP AUTHORITY . /J /~) ~ fJ . y/. I / . By:. 1I($/-fa. c/. !~{dVV Chaupq~un 'J / (0 -(.q. --.. ~ t ..t: r--.:> f?, ~ = = Coo'" s:!:o (/) rr1 rl1l- vt -J -0 ""T18 -0,0 .......... N -~ S f- ~ ?=- 0 (~(. ~ ~T.~ () ""'U r:)--- "70 r -.r-:r' ....m ~ .-.I... ,..... ~ , , ~~ ~ J'": '0' ";.- ~ ,r._. -.c... .=2 '-.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY P.O. Box 1001 NEWKINGSTOWN,PA 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-4896 MLD VS. DENIS P. SICCHITANO 31 WARWICK CIRCLE MECHANICS BURG, PA 17050 PARCEL# 38-18-1621-132 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: ~ SAD. .k E'"' cott . lettenc, sqUIre 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, P A 17072-1001 Plaintiff, CIVIL DIVISION NO.:05-4896 MLD VS. DENIS P. SICCHITANO 31 WARWICK CIRCLE MECHANICS BURG, P A 17050 PARCEL# 38-18-1621-132 Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this ~ day of 0 c~ ,2005, via First Class U. S. Mail, Postage Pre-paid: Denis P. Sicchitano 31 Warwick Circle Mechanicsburg, PA 17050 Respectfully Sub JAMES, SMIT , By: Scott A. Diettenck, Esquire Attorney I.D. #55650 P.O. 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