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HomeMy WebLinkAbout06-3711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, P A 17072-1001 Plaintiff, CNIL DNISION No.: CJ,.-.3 '11/ MLD Vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE. MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-183 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 folIows: Statement of Claim I. 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 folIows: (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 sewerrates and regulations of Silver Spring Township Authority for the sewer system for the Township of Silver Spring, and authorizing the colIection and enforcement of sewer rates in this manner prescribed by law. 3. AII 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 ofthe owner(s) or reputed owner(s), of the property against which this claim is filed, is Christopher D. Lauver. 5. The property against which this claim is filed is known and numbered as 46 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 January 1,2005 to and including the present. Rental. Penalties. Interest. Collection Fee and Costs AS OF June 15. 2006 Sewer Rents through 1'1 Quarter 2006 Penalties through December 6, 2006 Attorney' Fees Court Costs and Fees TOTAL: $ 675.60 $ 63.99 $ 1,000.00 $ 2.240.00 $ 3,979.59 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 ofthe 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 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, SMITH, DIETTERICK & CONNELLY, LLP By: Sco ~. iettenck, Esqurr Attorney for Plaintiff PA J.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION No.: MLD Vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE. MECHANICSBURG, PA 17050 PARCEL# 38-19-1621-183 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~ day of June, 2006, via First Class U. S. Mail, Postage Pre- paid: Christopher D. Lauver 46 Warwick Circle Mechanicsburg, P A 17050 Respectfully Submitted: JAMES, SMITH, DIETT RICK & CONNELLY, LLP By: Scott A. ie . ck, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 , SILVER SPRING TOWNSHIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A-200S-03 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHERHAS, to be fair to all rate payers of the Silver Spring Township Authority (the "Authority"), it is necessary for the Authority to recover promptly the amount of delinquent and other municipal chargys, and if necessary, through legal processing; and WHEREAS, in the past the amount recovered in such proceedings has been depleted by the cost of reasonable attorney fees incurred by the Authority in the proceedings, thereby making, in the case of smaller claims, enforcement not financially feasible; and WHEREAS, the General Assembly of Pennsylvania has recently enacted, as an amendment to the Municipal Claims Act, Act No. I of 1996 (the "Act"), which autholizes the adding of the amount of reasonable attorney fees and costs the total payable with respect to unpaid taxes and other municipal claims, but only if the municipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the Authority has detennined that it is in the best interest of all the rate payers to have vigorous enforcement of all delinquent and other unpaid charges, utilizing the procedures set forth in the Act; and WHEREAS, the Authority has reviewed the subject of attorney fees for collection matters, and has detennined that the fees set forth in the schedule hereby adopted are reasonable in amount for the services herein described, NOW THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Board of the Silver Springs Township Authority as Follows: 1. Scbedule of Fees. (a) The Authority hereby approves the following schedule of attorney fees for services in cOlmection with the collection of Accounts. which is hereby detennined to be fair and reasonable compensation for the services set forth below, all in accordance with the principals set forth in Section 3 (a. J) of the Municipal Claims Law as amended by Act No. I of 1996 (the "Act"): Legal Services Fee For Services Initial Review and send first demand Letter & Title report $ 250.00 File lien and send second demand letter; Prepare Writ of Scire Facias, File Writ Service of Writ by Sheriff $ 500.00 Prepare and mail letter under Pa. R. C. P. ~ 237.01; Prepare Entry of Judgment, Notices, Pleadings and Affidavits $ 350.00 Prepare Writ of Execution; Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues $2,100.00 Services not covered above; Satisfaction of Municipal Lien Satisfaction of Judgment Review of BanJauptcy (including Proof of Claim) Motion for RelieflTom the Automatic Stay Motion for Special Service Petition to Reassess Damages Forbearance Agreement All other services $ 40.00 $ 40.00 $ 250.00 $ 700.00 $ 450.00 $ 275.00 $ 200.00 $ 125.00 per hour (b) The above amounts include an estimate of the reasonable out-of-pocket expenses of counsel in cOMection with each of these services, as itemized in the applicable counsel bills. which shall be deemed to be part of the fees. (c) The amount of fees determined, as set forth above shall be added to the Authority's claim in each account. 2. Collection Procedures. The following collection procedures are hereby established in accordance with Act No.1: (a) At least thirty (30) days prior to assessing or imposing attorney fees in connection with the collection of an Account, the Authority shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the rate payer or other entity liable for the Account (the "Account Debtor") . (b) If within thirty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Account Debtor is refused or unclaimed or the return receipt is not received, then at least ten (10) days prior to the assessing or imposing such attorney fees, the Authority shall mail or cause to be mailed, by tirst class mail, a second notice to such Account Debtor. (e) All notices required by this Resolution shal! be mailed to the Account Debtor's last known post office address as recorded in the records or other information of the Authority, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes. (d) Each notice as described above shall include the following: (i) The type of tax or other charge, the date it became due and the . amount owed, including penalty and interest; (ii) A statement of the Authority's intent to impose or assess attorney . fees within thirty (30) days after the mailing of the first notice, or within ten (10) days after the mailing of the second notice; (Hi) ,The manner in which the assessment or imposition of attorney fees may be avoided by payment of the Account; and (iv) . The place ofpayment for the Accounts and the name and . telephone number of the Authority official designated as responsible for the collection matter. 3. Related Action. The proper officials of the Authority are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this Resolution. DULY ADOPTED By the Board the Silver Spring Township Authority on JV I1v I..M\lt.r ~l ~1' ,2005. ATTEST: ::VER~~:r::::R1TV Chairperson tJ:::~b~~ S retary "p\ ~ Crt ~~ ~ 0- t> oC4.. - ..c: b \) ~ y . . ';-f, --I ..-, -n (-;: ti1p. -,~' \:~: t.,') C-) -"[",1 ,. -,;_\ r:': ". "1J C'"' :...::;. C,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, P A 17072-1001 Plaintiff, vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-183 Defendant. I Hereby certify that the last known address ofDefendant(s) is/are: Christoph r D. Lauver 46 Warwi Circle Mechanics u P CIVIL DIVISION No.: 06-4142 Civil Term No.: 06-3711 MLD TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) FILED ON BEHALF OF: Silver Spring Township Authority Plaintiff COUNSEL OF RECORD FOR THIS PARTY: JAMES, SMITH, DIETIERICK & CONNELLY, LLP 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: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 CIVIL DIVISION Plaintiff, : NO.: 06-4142 Civil Term NO.: 06-3711 MLD vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 39-19-1621-183 Defendant. : PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Christopher D. Lauver, in the amount of$3,988.66, which is itemized as follows: Arrears through 2nd Quarter 2006 Penalties through March 7, 2007 Attorneys' Fees Court Costs and Fees TOTAL CLAIM $ 675.60 $ 73.06 $ 1,436.00 $ 1,804.00 $ 3,988.66 plus interest, penalties, and Quarterly bills after the 2nd Quarter 2006, and additional attorneys' fees and costs reasonable and actually incurred. By: Scott , Atto ey r PI . ntiff P AlD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that he Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P 237.1, as evidenced by the attached copies. Sworn to and subscribed before me This (/1\ day of ~ALN, ,2006. ~rdUJ-l kr-. Notary Public My Commission Expires: OF PENNSYLVANIA MW.s ~~.!T NO~Y PUBLIC MY" .~ MUPHlN COUNTY ~".8lON EXPIRES JUNE 9, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICS BURG, P A 17050 PARCEL# 38-19-1621-183 No.: 06-3711 MLD No.: 06-04142 Civil Term Defendant. IMPORTANT NOTICE TO: Christopher D. Lauver 46 Warwick Circle Mechanicsburg, P A 17050 DATE OF NOTICE: August 17,2006 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 38-19-1621-183 No.: 06-3711 MLD No.: 06-04142 Civil Term Defendant. A VISO IMPORTANTE A. Christopher D. Lauver FECHA DEL A VISO: August 17, 2006 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 DATE: gl n(OVi RICK & CONNELLY, LLP BY: Scott A. ietteric Esqu' P ALD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Fffi.ST CLASS U.S. MAIL, POSTAGE PREPAID SHERIFF1S RETURN - REGULAR CASE NO: 2006-04142 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS LAUVER CHRISTOPHER D KENNETH GOSSERT t Sheriff or Deputy Sheriff of Cumberland County,pennsylvaniat who being duly sworn according to lawt sayst the within WRIT OF SCIRE FACIAS was served upon LAUVER CHRISTOPHER D the DEFENDANT t at 1915:00 HOURSt on the 27th day of July , 2006 at 46 WARWICK CIRCLE MECHANICSBURGt PA 17050 by handing to CHRISTOPHER LAUVER a true and attested copy of WRIT.OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.16 .00 10.00 .00 34.16 SO?~M<~? R. Thomas Kline 07/28/2006 JAMES SMITH DIETTERICK of A.D. Sworn and Subscibed to By: before me this day c ^' () ~ ~ t. ~ :-Cl _ ..,.. D ~ ~ ~ C> ~ ~ ~ ~ !!.~ f t: K '<- f"-~..) (-;-" [" ~.~.'":-~ _ i 1 ".~,...... ""r-' I',..) ---- ...-"-,,. r,,",,) __,m ....~ C~ ::< " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 CIVIL DIVISION Plaintiff, : NO.: 06-4142 Civil Term............ NO.: 06-3711 MLD vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICSBURG, P A 17050 PARCEL# 39-19-1621-183 Defendant. : NOTICE OF ORDER. DECREE OR JUDGMENT TO: Christopher D. Lauver ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on .\'~ p+- I A. .2006. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $3,988.66 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2006, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. ~~ v '.,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, : CIVIL DIVISION NO.: 06-4142 Civil Term NO.: 06-3711 MLD vs. CHRISTOPHER D. LAUVER 46 WARWICK CIRCLE MECHANICS BURG, P A 17050 PARCEL# 39-19-1621-183 Defendant. : AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Silver Spring Township Authority, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 46 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address ofOwner(s) or Reputed Owner(s): CHRISTOPHER LAUVER 46 Warwick Circle Mechanicsburg, P A 17050 2. Name and Address ofDefendant(s) in the Judgment: CHRISTOPHER LAUVER 46 Warwick Circle Mechanicsburg, P A 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SILVER SPRING TOWNSHIP AUTHORITY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: MERS nominee for REGIONS BANK 500 Forrest Point Circle Charlotte, NC 28273 5. Name and Address of every other person who has any record lien on the property: NONE TUCOPV FROM RECORD .~....., f here,VRIo."'''' and",. or said "Qurt at CtdJ1S. PI. ~Iu~, ~ iix1- .. -.... 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: JP MORGAN CHASE BANK, TRUSTEE 1270 Northland Drive Mendota Heights, MN 55120 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELA TrONS OFFICE CUMBERLAND COUNTY TAX CLAIM BUREAU P A DEPT. OF REVENUE COMMONWEALTH OF PA U}DCNOVVN SPOUSE OF CHRISTOPHER LAUVER Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 P A Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 P A Dept. Of Welfare P.O. Box 2675 Harrisburg, P A 17105 46 Warwick Circle Mechanicsburg, P A 17050 r verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED:~ BY: CONNELLY, LLP tt . ck, Esquire Pa. .. 5650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 "".. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Warwick Circle at the common front property comer of Lot No. 20-D and Lot No. 20-E as shown on the hereinafter mentioned plan oflots; thence along said Warwick Circle North 01 degree 54 minutes 01 second East, a distance of20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20-D; thence along said dividing line South 88 degrees 05 minutes 59 seconds East, a distance of 110.00 feet to a point at the dividing line between Lot No. 19-A and Lot No. 20-D; thence along said dividing line South 01 degree 54 minutes 01 second West, a distance of20.00 feet to a point at the dividing line between Lot No. 20-D and Lot No. 20-E; thence along said dividing line North 88 degrees 05 minutes 59 seconds West, a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,220.00 square feet BEING Lot No. 20-D, Final Subdivision Plan of South field Crossing (phase Two), prepared by Hartman and Associates, Inc., Engineer's and Surveyors, and recorded on September 24, 1993, in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. HAVING THEREON ERECTED a two story dwelling being lrnown and numbered as 46 Warwick Circle, Mechanicsburg, Pennsylvania 17050. BEING the same premises which Fine Line Homes, Inc., a Pennsylvania Corporation, by Deed dated January 21,2004, and recorded on January 28,2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 261, Page 2131, granted and conveyed unto Christopher D. Lauver, a married man. Parcel No.: 39-19-1621-183 Exhibit "A"