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HomeMy WebLinkAbout00-01607 " CARLISLE SUBURBAN AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v : MLD NO. 2000 - '/.e07 fYl Li> DANIELF. ENO, Defendant MUNICIPAL LIEN FOR SEWER ASSESSMENT Carlisle Suburban Authority, North Middleton Towns~p", County of Cumberland, Commonwealth of Pennsylvania, by its solicitor, Broujos & Girroy,P.C., hereby files its claim for sewer assessment against the real estate hereinafter described and sets forth its claim as follows: 1 " b ~ f. f i;) * ~ r STATEMENT OF CLAIM The name of the municipality by which this claim is filed is Carlisle Suburban Authority, a municipal authority of the Commonwealth of Pennsylvania, located in the County of Cumberland and organized pursuant to ordinances of North Middleton Township. 2 t i ! ! ~ ! ~ I [! r' The name of the owner of the property against which this claim is filed is DanielF. Eno with an address at the following: 79 & 79A Channel Drive Carlisle, P A 17013 3 A description of the property against which this lien is filed is attached hereto and marked Exhibit "A". ~ ~ , , -.,__,_ ._,c,.' '--" _,' - "' _ _ - ,~ c. ",:.:~- ~ ~. '.-';";'~ ',- ""~;:~~-. ';O-_,"l<_;.,'~' "-~' '_.- '; "=->. 'T . '''JikL.--, rj; " , I I ". i I, 4 The authorities under and by virtue of which this lien is filed is the Municipal Claims and Liens Act, 53 P.S. 97101 et seq. 5 This lien is claimed for assessment issued against the above described property for installation of public sewer lines in the amount of$3,325.00. 6 Interest is claimed on the above-mentioned amount from November 15,1999 and costs of filing are also claimed. CARLISLE SUBURBAN AUTHORITY BY: TO THE PROTHONOTARY: Dear Sir: Payment of the above claim having not been made, please enter same in proper tax and municipal lien docket and upon judgement and locality entities, according to law. CARLISLE SUBURBAN AUTHORITY BY: - .- , " r:!)q- / (J J J I' '. \ ;.50 :2 99(; 0 if:. . : : ~,~.. I ...~.,'. : , i I :.,: li I.; r: I, ~ .. i'... '9'/ on al Prl 3 06 Parcel No.: 29-18-1371-019 THIS INDENTURE MADE TlIE 291h day of October ill Ihe year of our Lord one 1I101I.<OII(III;ne hllndred n;ne/y- seven, BETWEEN Dale F. Stilzel, Jr.. Executor of the Last Will and Testament of Dolores K. Howell, also known as Dolores K. Koons, Deceased, late of Middlesex Township, Cumberland County, Pennsylvania. and Timothy Evans Spence and Jill Colleen Spence. husband and wife, by and through their Attorney-in-Fact, Wayne F. Shade, hereinafter referred to as the Gralltors, AND Daniel F. Eno and Christina M. Miller, single persons, of Cumberland County, Pennsylvania, hereinafter referred to as the Gralltees, WlI EREAS, Dolores K. Howell, also known as Dolores K. Koons, died on April 2, 1996, seized in fee of the hereinafter described re,al estate; WHEREAS, by her Last Will and Testament dated August 16, 1995, provided in pari as follows: I hereby nominate, constitute and appoint my son, Dale F. Stitzel, Jr.. as Executor of this my Last Will and Testament.. .and I fUrlher direct that none of them shall be required to post any bond to secure the faithful pcrformance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. WHEREAS, Letters Teslamentary in the Estate of Dolores K. Howell, also known as Dolores K. Koons, Deceased were issued by the Cumberland COlll1ty Register of Wills to Dale F. Stitzel, Jr. on April 26, 1996, without the requirement that any bond be posted by it, which Letlers Testamentary remain in full force and effect; WlIEREAS, Section 3351 of the Probate, Estates and Fiduciaries Code (20 Pa.C.S.A. *3351) gives a personal representative the power to sell at public or private sale any real property not speci Iically devised; and Wll EREAS, the hereinafler described real properly was not specifically devised, EXHIBIT ~ c'All j o'9991i'li5~~1i'l6 ~ - gR.~R.I;J~ ela '" . ~ ,.., .. - ~ ~ ~ ___ I U') I I ,.,. - . ill' ",~i!iM"'!!5 or. - [ .-. - - .... ~ ~'O'iCI'~ F!!S!i-t::; ..., !;lXl -. .. <__ fT1~cn , " 2.IlHll iiI ~ "'5; <:> "" -... tll '" . ;;1 :::l ~ ., ,.., ..., S. _0 '" '" ~ " ., " " lB " ill,. - ~ - :::l<-""T"O ~ ~ .' - "'....... } j NOW THIS INDENTURE WITNESSETH,lhallhesaidGrantors{orwulil/ cOl/sideratioll oflhe SUIIl of Seventy-Seven Thousand Five Hundred and 0011 lID ($77,500.00) Dol/ars lawful /1Iolley ofllle UI/iled Slales, 10 them in hal/d paid by Ihe .Wlid Grantees 01 and before IIIe sealing alld deliver IIereof, IIIe receipl whereof is hereby ackl/owledged have gran/ed, bargailled, sold, alielled, released alld cotifinned, and by Ihese presellls. do gralll. bargain sell. alien, release and cOlifinn ulllo IIIe said Grantees, their heirS and assigns as joint lenanlS with the right of survivorship and nol as lenants in common. ALL THOSE TWO CERTAIN tracts of land situale in North Middleton Township. Cumberland County. Pcnnsylvaniu. bounded and described in accordance with Plan of Ore en Mcadows as recorded, in the Omce of the Recorder of Deeds of Cumberland Counly, Pennsylvania, in Plan Book 3, Page 110, as follows: TRACT NO. t: BEGINNING at a point on the Southern line of a 16 reet wide driveway now known 'IS Channel Drive at the dividing line between Lots Nos. 12 and 13; thence weslwardly along Ihc southern line of the 16 feet wide driveway now known as Channel Drive, a distance of 100 fcet 10 a point atlhe dividing line belween Lots Nos. 14 and 15; thence along said dividing line between Lots Nos. 14 and 15, southwardly at a right angle to Channel Drive, a distance of 100 feet to a point at the dividing line belween LoIs Nos. 12 and 13; thence along said dividing line between s"id Lots Nos. 12 "nd 13, northw"rdly a distance of 100 feet to" point on the southern line or 16 reet wide Channel Drive althe Place of BEGINNING. TRACT NO. t ahove-described is composed of all of LOIs Nos. 13 'lIld 14 as shown on said PI,m or Green Meadows recorded in Plan Book 3, Page liD as aforesaid, on:which there is erected a dwelling house with mailing address of79 Channel Drive, Carlisle, Pennsylvania 17013. 8EING the same premises which Amelia Sharp, hy deed dated March 28, 1991 and rccorded in the Office of the Recorder of Deeds in and for Cumberland County, al Carlislc, Pennsylvania, in Deed Book "A", Volume 35, Page 354, granled and conveyed unto Dolures K. Koons, one of the Qmnlors herein. Being further the same premises which the said Dolores K. Koons, by an Installmenl Agreement of Sale dated November 10, 1992 and recorded November 10 1992 in the aforesaid Recorder's Office in Miscellaneous Record Book 43 I, Page 4, agreed to seIi to the said Timothy Evans Spence and Jill Colleen Spence, husband and wife, the remaining Grantors herein. [ f i , [ ! I , ~ i i " , I I; ! , , I TRACT NO.2: ALL THA 'f CERTAIN tract of land located on the island across from Tl1Ict No. I :'Ihove-described lying hetween the channel orthe creek and Conodoguincl Creek proper. which t..act of land contains 100 feet frontage along the channel side, 100 feet along the creek'side and extends approximately 150 feet on the western boundlll)' line and approximately 150 feet on thc eastern boundary line. TRACT NO.2 above-described is all of the island across the channel of the Conodoguinet Creek from said Lots Nos. 13 and 14. TRACT NO. 2 above-described is conveyed together with the right of uninterrupted ingress and regress 10 Ihe channel of the creek and to the Conodoguinet Creek itself. TRACTS NOS, 1 and 2 are conveyed subject to the restrictions set forth on and allached to said Plan of Green Meadows recorded in Plan Book 3, Page 110. '\ ",,/' ~ ~ ~ ..........," ~ . .. TOGETlIER, witlr all alld sillgular ways, walers, waler-course." riglus.liber'ie.,. prMleges, heredilamellls alld appllrtellances whalsoever Ihereunlo belonging, or in anywise appertaining. alld tire reversions alld remainders. rellts. issues and profits tllereof; aud also aI/the (.sltlte. ,.ight, title. interest, lise, trllst. property, pos.ressioll, claim ami tlemalld what.roever. ill law, eqllity or otherwise howsoever. ot in. to or 0111 of the same: '" TO HA VE AND TO HOLD. lire said lreredilamelllS alld premises Irereby grall/eel allel releaseel. or mellliolleel alld illlelldeel so 10 be. willr lire appurlellallces, unto Il,e saiel, Grantees, their heir.r aud assigns. forever.. AND lire said Grantors do covellalll, promise alld agree, to alld will, tl,e said Grantees Ilrat lire said Grantors have 1101 dOlle, comlllilled. or kllowillgly or wi/fillgly suffered 10 be dO/re (1/' cO/llmitted, any act, matter or thing whatsoever whereby the premises hereby granted, or {my part Ihereof, is, are, shall or may be impeached, cltarged or ellculIlbered. ill title, charge, eslate, or otherwise howsoever.. WITNESS tlte due execuliollltereoftlte day, mOlltlt alld year first above writtell. WITNESS: Timothy Evans Spence c.;:, - c.; ~..;.c By: t1/~r~ Wayne . Shade, Attorney-in-Fact (SEAL) Jill Colleen Spence ~ 9 /..JL By:(/~E~ 'Wayn . Shadc, Attorney-in-Fact (SEAL) \~J' Estate of Dolores K. Howell, also known as "DO'~~ Dale . Slitzel. r., e' tor ! i, (SEAL) SIll/e of Pe1lllsylvallia } ss. Caullly of ClIlllberlalld ,-. I'k all this. tl,e <,_'1 day of October, 1997, before lIIe, tire U1,dersiglled officer, persollally appeared Dale F: Stitzel, Jr., Executor of the Estate of Dolores K. Howell, also known a.' Dolores K. Koons. know" to me (or .rati.t!actorily prove'l) 10 be tire persoll wh(}.~e ,wille i.r subscribed 10 tIre within illStn(l/rellt, alld acknowledged tltal he execlI/ed tlte sallle for tire pwpose.f therein contained. .~oI" . , IN WITNESS NOtARIAL stAl I ROBERT G. FREV. NUTARV PUBi..lC J CAflLISLE. CUMBERlAIG COUNTY rA J MY r.tJf""'ISS~~~~:'~~~~~-i1 BOOK 167 PACE 16 <'""~i'1i~~<ij'j!IU~II.~mi~!!ijllllllleiiH~;I!IW~~l'I'f!>ii"'",",,,,'''''''L>.'!~"'c_B,~;_,'_J3J!,;,,"...~%l<;iiliij:1:r ~~~ Iillillifj _,. _. ,_.""",,_~1~_,=<,1~,. I -",-.. " . ,~ ~. "~iWW<IIij~IIlii_i_. -........ ~~, , B , , ,- .. C) 0 ~ t ~ 0 ~ ~ :0& S ~!IJ ';1 ~ Zs,- ~ ,:n :;n Ct)=" - I'" -o:>m ;$.~ ...., ""9 ~ r -0 -C5 ~~ .-Q ji; ::t>o .,.,(j ..>(') ~ -:Cf"'. :F.:O 0::0 ~ ~ -c ;? <:-0 . ;;>' om ~ ~' ::::> ~ '\; - ~: tl! - <-, ,_,-. C." " or"'"' CARLISLE SUBURBAN AUTHORITY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v DANIEL F. ENO, Defendant TO THE PROTHON6TARY:' .,,' : NO. 2000 - 1607 MLD PRAECIPE -.--- - ' "", Please mark the municipalli~J:!lilelllin the above captioned matter as paid and satisfied. Date: fft:!. 10 '3 CARLISLE SUBURBAN AUTHORITY BY: '-"-, ~,--,,-" 'j I i: I tj [1 11 ~ "" ~"il~""" ._I........lilllllliilillW.; HI ~H~r~ 11 . ~.~ ~...'l!:.li .~ ~..~"""'~tj ~ . ~_ .,~,~,._.. ". h" _ '.0 -;;.- ~-~,' 1IMliIi""' .::>l:lv ~ [") B a- Yl ::r . ~O~ ~~ --.t:. -C: ~ ",' ~0 - ~ I .,-'~ C> c ~uf;; ni-(~~ Z::r', mS-.- -=::".~ ~. ~~~' J>c: -.;;.- :3 '. .~ . - c;,~ " :'/J ,''1 "0 r-- ~_l :.~~9 ':-~~ (:.:) ,-,.,-, '~~i~ :~rt1 >~ :n -< ~'~:~, ,~'! :n .-.l