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Home My WebLink About03-1607MONROE TOWNSHIP MUNICIPA/L AUTHORITY, Claimant vs. HARRY p. CLEVER, JR. and MIRIAM G. CLEVER, Husband and Wife, IN THE COURT OF COM~{ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4365 MUNICIPAL LIEN DOCKET 2001 _., " ' OTB~r.,~s.~ - : MUNICIPAL LIEN ~RAECIPW. FOR THE WRIT OF SCIRE FACIAS SUR MUNICIPAJ~ CLA!_~[ To: Curtis R. Long, Prothonotary Dear Sir: On behalf of the Monroe Township Municipal Authority, claimant in the above-captioned matter, kindly issue the attached Writ of Scire Facias Sur Municipal Claim. Please be advised that said claim is still due and unpaid, and remains a lien against said property described therein. April 8, 2003 Monrge To~n~hip Municipal Authority J~mes D.-~ar, Esquire Solicitors for the Monroe Township Municipal Authority MONROE TOWNSHIP MUNICIPA/~AUTHORITY, Claimant vs. HARRY P. CLEVER, JR. and MIRIAM G. CLEVER, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4365 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM The Commonwealth of Pennsylvania to Harry P. Clever, Jr. and Miriam G. Clever, Husband and Wife, Greeting: Whereas, the Monroe Township Municipal Authority, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, 17055, (hereinafter referred to as the ~Authority"), on July 19, 2001 filed its Municipal Lien for Sewer Connection in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 01-4365 Municipal Lien Docket 2001, for the sum of $3,000.00, with interest in the amount of ten (10) percent, along with penalties and all costs, including attorneys' fees, for services and sewer rates against all that certain lot of ground, including any improvements located thereon, same being known and numbered as 1285 Boiling Springs Road, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, owned or reputed to be owned by you, said property being more fully described as follows: ALL THAT CERTAIN house and lot of ground located in the Village of Churchtown, sometimes known as the Village of Allen, in Monrore Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, formerly a white oak tree, at the intersection of the southern line of Pennsylvania Ret. 174, formerly known as Church Street and now known as Boiling Springs Road, and the eastern line of a ten-feet wide alley; thence from said point at the Place of Beginning along the eastern line of said ten-feet wide alley southwardly a distance of 170 feet to a point on the northern line of a 14-feet wide alley; thence along the northern line of said 14-feet wide alley in an easterly direction a distance of 46 feet to a post at corner of Lot formerly of Carrie Spangler and Edmond Quigley and now or formerly of Bowman; thence along line of said lot now or formerly of Bowman in a northerly direction a distance of 170 feet to said Boiling Springs Road, formerly known as Church Street; thence westwardly along the southern line of said Boiling Springs Road, formerly known as Church Street, a distance of 46 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land has thereon erected a two and one-half story frame dwelling house and other improvements known and numbered as 1295 Boiling Springs Road. BEING THE SAME PREMISES which Quentin L. Zell, Administrator of the Estate of Ruth Louise Zell, by Deed dated November 1, 1982 and recorded in the Cumberland County Recorder of Deeds Office on November 1, 1982, in Deed Book Y, Volume 29, Page 483, granted and conveyed unto Harry P. Clever, Jr. and Miriam G. Clever, owners. Tax Property Map Parcel Number: 22-28-2401-071 And whereas, We have been given to understand that said municipal claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby notified to file your affidavit of our said court, this defense to said claim, if defense you have thereto, in the office of the Prothonotary of our said Court, within fifteen (15) days after service of this writ upon you. If no affidavit of defense be filed within said time, judgment may be entered against you for the whole claim, and the property described in the claim be sold to recover the amount thereof. Witness, the Honorable George E. Hoffer, President Judge of ~ day of ~, 2003. Curtis R. Long, Prot~on~t/~7 Ja~s D. B~g4r, Esquire Attorney I.~ No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jenni{~ B. Hipp, Esquire Attorne~ I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 April 8, 2003 Solicitors for Monroe Township Municipal Authority MONROE TOWNSHIP, Claimant vs. HARRY P. CLEVER, JR. and : MIRIAM G. CLEVER, Husband : and Wife, : Owners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4365 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN VOLUNTARY SUBSTITUTION OF MONROE TOWNSHIP MUNICIPAL AUTHORITY AS A PARTY CLAIMANT 1. The Monroe Township Municipal Authority (hereinafter the "Authority") is the successor in interest of Monroe Township, who is the claimant herein, and desires to substitute itself for Monroe Township as the claimant herein. 2. The material facts on which the Authority's right of succession and substitution are based are as follows: a. On December 31, 2002, the Authority was created as an independent operating authority. b. Thereafter, Monroe Township transferred any municipal liens and any other pending litigation that should rightfully be handled by the Authority to the Authority. c. On July 19, 2001, Monroe Township filed a Municipal Claim for Sewer Connection. The amount of the sewer connection was $3.000.00, which sum PROOF OF SERVICR We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, hereby certify that we are this day serving the foregoing Voluntary Substitution of Monroe Township Municipal Authority as a Party Claimant upon the person and in the manner indicated below: Service by first-class mail addressed as follows: Harry P. Clever, Jr. Miriam G. Clever 4170 Enola Road Newville, PA 17241 April 8, 2002 Monro~ ~ Townsh~unicipal Authority ' Esquire ~enni~e~ B. Hipp, Esquire Solicitors for Monroe Township Municipal Authority -3- MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. HARRY P. CLEVER, JR. and MIRIAM G. CLEVER, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4365 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN ENTRY OF APPEARANCE To The Prothonotary: We enter our appearance for the Monroe Township Municipal Authority as a party claimant herein. J~mes D. ~6~a~, Esquire Attorney I.D~. No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jen~if~ B. 'pp, q ' Attorne~ I. D. No. 86556 One West' Main Street Shiremanstown, PA 17011 (717) 737-8761 April 8, 2002 Solicitors for Monroe Township Municipal Authority SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-01607 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONROE TOWNSHIP MUNICIPAL VS CLEVER HARRY P JR ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLEVER HARRY P JR unable to locate Him WRIT OF SCIRE FACIAS in his bailiwick. but was He therefore returns the the within named DEFENDANT NOT SERVED , as to , CLEVER HARRY P JR 4170 ENOLA ROAD NEWVILLE, PA 17241 SERVICE STOPPED PER FAX FROM ATTORNEY HIPP. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 So answers:_.- /~/-~o_~ Sheriff of Cumberland County JAMES D BOGAR 04/25/2003 Sworn and subscribed to before me this ~ day of~ 2~ A.D. Prothonotary · SHERIFF'S RETURN CASE NO: 2003-01607 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONROE TOWNSHIP MUNICIPAL VS CLEVER HARRY P JR ET AL NOT SERVED R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLEVER MIRIAM G unable to locate Her WRIT OF SCIRE FACIAS in his bailiwick. but was He therefore returns the the within named DEFENDANT CLEVER MIRIAM G NOT SERVED , as to 4170 ENOLA ROAD NEWVILLE, PA 17241 SERVICE STOPPED PER FAX FROM ATTORNEY HIPP. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 // R. Thomas Kline Sheriff of Cumberland County JAMES D BOGAR 04/25/2003 Sworn and subscribed to before me this 6 ~ day of~ A.D. Prothonotary MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. HARRY P. CLEVER, JR. and MIRIAM G. CLEVER, Husband and Wife, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4365 MUNICIPAL LIEN DOCKET 2001 MITNICIPAL LIEN PRAECIPE TO SETTLE To the Prothonotary: Please mark the above-captioned matter settled, discontinued and satisfied. May I~ , 2003 Monroe Township Municipal Authority B 'Y'~, Esquire Jenn~B. Hi~p%,~'Esquire Solicitors f~r the Monroe Township Municipal Authority