The URL can be used to link to this page

Home My WebLink About03-1608MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant VS. HARRY ADEN HINKLE, O_wner 133o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4368 MUNZCZPAL T,ZEN DOCKE? 2001 MUNICIPAL LIEN PRAECIPE FOR THE WRIT OF SCIRE FACIAS SUR MI3NICIP;kL CLAIM 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 Mon[~TownZ~~ Municipal Authority Ja~s D. ~ar, Esquire Jenn~f~B. Hipp, Esquire Solicitors for the Monroe Township Municipal Authority MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. HARRY ADEN HINKLE, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4368 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN WRIT OF SCIRE FACIAS SUR MUNICIP~kL CLAIM The Commonwealth of Pennsylvania to Harry Aden Hinkle, 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. 01-4368 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 the sewer connection fee against all that certain lot of ground, including any improvements located thereon, same being known and numbered as 1330 Church Street, Carlisle, Monroe Township, Cumberland County, Pennsylvania, owned or reputed to be owned by you, said property being more fully described as follows: TRACT 1: ALL THAT CERTAIN lot or piece of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, Registered Surveyor, in April 1959, as follows, to wit: BEGINNING at a point in the center of relocated Pennsylvania Highway Route No. 174, said point being 500.4 feet, more or less, in a Southwesterly direction along the center of said Road from the Southwestern corner of land now or formerly of Percy O. Jumper and Lillian B. Jumper; thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, South 37 degrees 5 minutes East 164 feet, more or less to a point in the center of former Pennsylvania Highway Route No. 174; thence by the center of said Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5 minutes West 131 feet, more or less, to a point in the center of relocated Pennsylvania Highway Route No. 174; thence by the center of said Road, North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING. CONTAINING .34 acre, more or less. TRACT NO. 2: ALL THAT CERTAIN parcel of ground situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the legal right- of-way of Pennsylvania State Route 174 and legal right-of- way of Township Road 640; thence alolng the legal right-of- way line of said Pennsylania State Route 174 north 56 degrees 45 minutes east two hundred sixty-four and seventy- one one-hundredths (264.71) feet to a point on said legal right-of-way; thence by Lot No. 2 on the Plan of Lots hereinafter mentioned south 37 degrees 5 minutes east seventy-four and seventy-four one-hundredths (74.74) feet to a point on the dedicated right-of-way line of Township Road 640 as shown on said Plan of Lots; thence along said dedicated right-of-way line of Township Road 640 south 70 degrees 45 minutes west two hundred eighty and forty-six one-hundredths (280.46) feet to a point on the legal right- of-way line of Township Road 640 north 19 degrees 15 minutes west six and fifty-one hundredths (6.50) feet to the point and place of BEGINNING. BEING Lot No. 1 on Subdivision Plan of Cora B. Shughart which said plan remains of record in the Recorder's Office of Cumberland County in Plan Book 22, Page 161. BEING THE SAME PREMISES which Larry D. Shughart and Joann Y. Shughart, his wife, a/k/a Joanne E. Shughart, by Deed dated and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 136, Page 1026, granted and conveyed unto Harry Aden Hinkle, owner. Tax Property Map Parcel Number: 22-28-2401-119 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 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 our said court, this ~ day of ~ , 2003. Curtis R. Long, Proth~tary Ja~s D. B~a~ Esquire Attorney I.~. ~o. 19475 One West Mai~Street Shiremanstown, PA 17011 (717) 737-8761 Jennife~ 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 -4- MONROE TOWNSHIP, : Claimant : : vs. : : : HARRY ADEN HINKLE, : Owner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4368 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 was duly assessed against HARRY ADEN HINKLE, owner of real property, including improvements thereon, located at 1330 Church Street, Carlisle, Pennsylvania. d. The Monroe Township sewer connection fee was levied and assessed pursuant to Township Ordinance No. 3 of 1978, same being known and cited as the ~Monroe Township Sewer Rental and Charge Ordinance," as amended. 3. The Monroe Township Municipal Authority hereby voluntarily substitutes itself as a claimant herein in the place and stead of Monroe Township· Monroe Township Municipal Authority B~,~~ Ire JAmes D. ~g~r, Esqu' By' ~%~H~.~Es nlra · Jennif~ . 'pp, q ' April 8, 2003 Solicitors for Monroe Township Municipal Authority -2- PROOF OF SERVICE 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 Aden Hinkle 1330 Church Street Carlisle, PA 17013 April 8, 2002 Mon[~ Township Municipal Authority ~~°i~ re ~ Jtmes D. ~ar, Esqui By: Jenni{e~B. Hipp, Esquire Solicitors for Monroe Township Municipal Authority -3- MONROE TOWNSHIP MUNICIPAL AUTHORITY' claimant vs. HARRY ADEN HINKLE, owner IN THE coURT OF coMMON pLEAS OF CuMBERLAND couNTY ' pENNSYLVANIA NO. 01-4368 MuNICIpAL LIEN DocKET 2001 MUNICIPAL LIEN To The prothonotarY: ~e enter our aPPearance for the Monroe Authority as a party claimant herein- Township Municipal ~squire ~hiremanstown' 737-8761 April 8, 2002 Je~e~ ~ D. No..86556 AttO~~in street~_~ one %~es~ ~'~'~ o~ 17011 S~ 1 ~ ~ (717~ 737-8761 Solicitors for Monroe Municipal Authority Township MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. HA~RY ADEN HINKLE 1330 Church Street Carlisle, PA 17013, Owner IN THE COURT OF COM>4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1608 CIVIL ACTION - LAW MUNICIPAL LIEN PPJ%ECI PE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The Defendant having failed to file an Affidavit of Defense or otherwise respond to the Writ of Scire Facias served in the within matter, please enter judgement in favor of the Plaintiff and against the Defendant in the amount of $3,000.00, plus interest in the amount of $631.77 plus interest from June 10, 2003 at the rate of $0.90 per day, plus amount of $475.00, plus costs. Pursuant to the Municipal Lien Law, assess attorney's fees in the above Smount. by law has been previously provided to the By: attorney's fees in the 53 P.S. ~ 7106, please Notice as required ]Defendant. Ja~es ~. ~o~, Esquire Attorney I.~No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jennlf~ B. Hipp, Esquire Attorne~I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 June 10, 2003 Solicitors for Monroe Township Municipal Authority CERTIFICATE OF SERVICE We hereby certify that we are this date serving a copy of the Praecipe as filed this date with the Prothonotary of Cumberland County, by sending the same upon the persons and in the manner indicated below: Service by first-class mail addressed as follows: Harry Aden Hinkle 1330 Church Street Carlisle, PA 17013 June 10, 2003 Monroe Township Municipal Authority Jennl~er\B. Hip~ Esquire Pa. I.D.~No. 86556 By: an{es D. Bog~,I Esquire Pa. I.D. No. ~475 Solicitors for the Monroe Township Municipal Authority One West Main Street Shiremanstown, PA 17011 (717) 737-8761 44 MONROE TOWNSHIP MUNICIPAL AUTHORITY Claimant vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1608 HARRY ADEN HINKLE Owner CIVIL TERM SATISFACTION OF WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM To the Prothonotary of Cumberland County, Pennsylvania: Please mark the above captioned matter as satisfied. Respectively Submitted, MONROE TOWNSHIP and MONROE TOWNSHIP MUNICIPAL AUTHORIT Dated: C j --RO -1 y By: ichael J. Pykosh, Esquire Solicitor for Monroe Township and Monroe Township Municipal Authority a ,so-p4;ofj cA,A, 1'l DD. MONROE TOWNSHIP MUNICIPAL AUTHORITY Claimant vs. HARRY ADEN HINKLE Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1608 MUNICIPAL LIEN CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing SATISFACTION OF WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Harry Aden Hinkle 1330 Church Street Carlisle, PA 17013 Dated:M.—AV Respectively Submitted, MONROE TOWNSHIP and MONROE TOWNSHIP MUNICIPAL AUTHORITY By: Michael J. Pykosh, Esquire Solicitor for Monroe Township and Monroe Township Municipal Authority