HomeMy WebLinkAbout07-1463NORTH MIDDLETON AUTHORITY :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V :MLD - 2007
SCOTT C. CARVER,
Defendant
MUNICIPAL LIEN FOR SEWER SERVICES
North Middleton Authority, North Middleton Township, County of Cumberland,
Commonwealth of Pennsylvania by its solicitor, Martson Deardorff Williams Otto Gilroy &
Faller, hereby files its claim for water and sewer services against the real estate hereinafter
described and sets forth its claim as follows:
STATEMENT OF CLAIM
1
The name of the municipality by which this claim is filed is North Middleton 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
The name or names of owner or owners or reputed owner or owners of the property against
which this claim is filed is Scott C. Carver of 1196 Newville Road, Carlisle, Cumberland
County, Pennsylvania.
3
A description of the property against which it is filed is attached hereto and marked as Exhibit
"A" with an address of 1196 Newville Road, Carlisle, Pennsylvania.
4
The authorities under and by virtue of which this lien is filed is the Municipal Claims and
Liens Act of May 16, 1923, P.L. 207, as amended and supplemented, 53 P.S. 7101 et seq.
5
The lien is claimed based upon the failure of the Defendant to connect their improved
property at the mentioned address to the Sewage Collection System of North Middleton
Authority in accordance with appropriate Connection. Defendants have also failed to pay
permit fees and connection fees. The amount claimed is $5,700.00 plus interest from
September 22, 2006. Notice to Connect was given to the property owners in accordance with
the attached Exhibit "B", which is incorporated herein.
NORTH MIDDLETON AUTHORITY
By:
Hubert X. Gilro, Esquire
Solicitor
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 judgment index and locality entities index according to law.
NORTH MIDDLETON AUTHORITY:
By:
39.5 ':2?J3
f Parcel #29-20-1790-018
Deed
MADE *s 90 aaN p f junei 2004
Between-
GARY E. CARVER and SCOTT C. CARVER, Co-Executors of the Last Will and
Testament of Susan M. Carver, late of North Middleton Township, Cumberland County,
Pennsylvania;
GRANTOR
And.-
SCOTT C. CARVER, of North Middleton Township, Carlisle, Cumberland County,
Pennsylvania;
GRANTEE
WHEREAS Susan M. Carver died October 25, 2003, testate, seized of certain
land situate in North Middleton Township, Cumberland County, Pennsylvania; and
WHEREAS the Will of the said Susan M. Carver dated January 25, 1995, was
duly probated in the Office of the Register of Wills in and for Cumberland County,
Pennsylvania, on January 22, 2004, and Letters Testamentary were granted to Gary E.
Carver and Scott C. Carver, the above named Co-Executors to #21-04-0061; and
WHEREAS Section 3351 of the Probate, Estates and Fiduciaries Code (20 PS.
3351) confers upon Executor(s) the power to sell at public or private sale, any real
estate not specifically devised; and
WHEREAS the hereinafter described premises were not specifically devised; and
WHEREAS the said Co-Executors were not required to file any bond to secure
faithful performance of their duties.
NOW THIS INDENTURE WITNESSETH that Gary E. Carver and Scott C.
Carver, Co-Executors of the Estate of Susan M. Carver, deceased, for and in
consideration of the sum of One and 00/100 Dollars ($1.00) in lawful money of the
eoox ;:54 PAu" 747
EXHIBIT "A"
United States, to them in hand paid by the said GRANTEE at and before the sealing
and delivery hereof, the receipt whereof is hereby acknowledged they have granted,
bargained, sold, aliened, released and confirmed, and by these presents do grant,
bargain, sell, alien, release and confirm unto the said GRANTEE, his heirs and assigns:
ALL THAT CERTAIN tract of land situate in North Middleton Township,
Cumberland County Pennsylvania, bounded and described in accordance with survey
made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, as follows:
BEGINNING at a stake on the southern line of 50 feet wide Pennsylvania Route
641 known as Newville Road, which stake at the place of beginning is 3,388 feet West
of the centerline of Legislative Route 21033 and which stake at the place of beginning is
the northwestern comer of Lot No. 35 as shown on the hereinafter mentioned Plan of
Lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of
beginning along the western line of said Lot No. 35, now or formerly of Lester
Kotzmoyer, South 5 degrees West, a distance of 182 feet to a stake on the Northern
line of 16 feet wide alley; thence along the northern line of said 16 feet wide alley, North
86 degrees West, a distance of 80 feet to a stake at the southeastern corner of land
now or formerly of Ead B. Swamer, Jr., thence along the Eastern line of said land now
or formerly of Earl B. Swamer Jr., North 5 degrees East, a distance of 182 feet to a
stake on the southern line of 50 feet wide Pennsylvania Route 641 known as Newville
Road; thence along the southern line of said Pennsylvania Route No. 641 knc ern as
Newville Road, South 86 degrees East, a distance of 80 feet to a stake, the place of
BEGINNING.
CONTAINING 80 feet in front along the southern line of 50 feet wide
Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom
at an even width a distance of 182 feet to the northern line of 16 feet wide alley, and
being all of Lot No. 36 and the eastern 25 feet of Lot No. 37 as shown on the Plan of
Lots known as Westminster Manner as recorded in the hereinafter mentioned
Recorder's Office in Plan Book 3, Page 67, on which there is erected a one story brick
dwelling house known as and numbered 1196 Newville Road, Carlisle.
BEING the same property which George G. Carver and Susan M. Carver,
husband and wife, by their Deed dated May 18, 1982, and recorded in Cumberland
County Recorder of Deeds Book "U", Vol. 29, Page 407, granted and conveyed unto
Susan M. Carver.
THIS TRANSFER IS BEING MADE FROM ESTATE OF MOTHER TO SON AND IS THEREFORE
EXEMPT FROM REALTY TRANSFER TAX.
TOGETHER with all and singular ways, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in
anywise appertaining, and the reversions and remainders, rents, issues and profits
Wk 264 PAGE 748
thereof; and also, all the estate right, title, interest, use trust, property, possession, claim
and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the
same.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted
and released, or mentioned and intended so to be, with the appurtenances, unto the
said GRANTEE and his heirs and assigns, to and for the only proper use and behoof of
the said GRANTEE his heirs and assigns, forever.
AND the said Co-Executors of the Estate of Susan M. Carver, deceased,
covenant, promise, and agree to and with the said GRANTEE his heirs and assigns, by
these presents, that they, the said Co-Executors have not done, committed, knowingly
or willingly suffered to be done or committed, any act, matter or thing whatsoever
whereby the premises hereby granted, or any part thereof, is, are, shall or may be
impeached, charged or encumbered, in title, charge, estate, or otherwise howsoever.
WITNESS the due execution hereof the day, month and year first above written.
Signed, Sealed and Delivered
in the Presence of:
Estate of Susan M. Carver
L ? L,-"
GA E. CARVER, Executor
?c
SCOTT C. CARVER, Executor
TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
On this, the 9"' day of June, 2004, before me, the undersigned officer, personally
appeared Gary E. Carver and Scott C. Carver known to me (or satisfactorily proven) to
be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed same as Co-Executors for the Estate of Susan M.
Carver for the purposes therein contained.
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JaeWelm L Ow bnu4t , Nofery PWk
Cub* 9M. CamnberW d Costly
W Camieim Firm Aug. 14, 2407
Mmmbor.Pwm*mnleAnodMwaNa ft
6oou 264 PAGE 749
I do hereby certify that the precise residence and complete post office address of
the within named Grantee is: 1196 Newville Road, Carlisle, PA 17013
Date i./,./ 9*-
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1 Certify this
In Cumberla;
!,,1
SALZWANN HUGHES& HSHMANPC
Attorneys
600 264 PACE 750
4
REV.183 EX (6.961
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
KMIAU OF WMIDUAL TAXES
DEFT 210603
REALTY TRANSFER TAX
STATEMENT OF VALUE
RECORDER'S USE ONLY
HARRISBURG, PA 171211.0603 I Soo Rwamo for Instructions I"°° 1eCO`°'° ',7_rsog
Complete each section and file in duplicate with Recorder of Deeds when (1) the full volue/consideration is not set forth in the deed, (2) when the deed
is without consideration, or by gift, or 3) o tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax
based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A CORRESPONDENT - All inquiries may be directed to the following person:
Name Telephone Number.
James D. Hughes, Esquire Area Code (717 ) 249-6333
Street Address City State Zip o e
95 Alexander Spring Road, Suite 3 Carlisle PA 17013
IS TRANSFER DATA Deft of Acceptance of Do-t 06/09/04
Grantor s) scars GroM•e s lessee s
Susan M. Carver Estate Scott C. carver
treat A »ss ir•W s
95 Alexander Spring Road, Suite 3 1196 Newville Road
City tote Zip Cad* ty State Zip Code
Carlisle, PA 17013 Carlisle, PA 17013
C PROPERTY LOCATION
1196 Newville Road
Cumberland
D VALUATION DATA
100%
2. Chock Appropriate Box Below for Exemption Claimed
Will or intestate succession Susan M. Carver 21-04-0061
(Nam Deaedw) Edo" Flo Number)
? Transfer to Industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation or in lieu of condemnation, attach copy of resolution.)
? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number
? Corredive or confirmatory deed. (Attach complete copy of the prior deed being corroded or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
n
1a Other (Please explain exemption claimed, if other than listed above.) MORE THAN 30 DAYS OLD,
Under ponahies of law,1 that I have examissed this Statemmd, Inclssdksg ooaanpanyhM Informallon, and to the best of my knowledge
and belief, red complete.
Is arty Doto
06/17/04
FAIL RE TO C THIS FORM. PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL
N. Middleton Townsi p
Carlisle 29-20-1790-018
Rl1;2RqTNf OR DEED. FGlk 264 PAGE 751
E EXEMPTION DATA
Ia. Amount of I xematlon im 1 . Percentage Interest Conveys
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North Middleton Authority
240 Clearwater Drive
Carlisle, PA 17013-1100
717-243-8269
email csaof[@pa.net
September 22, 2006
Property Owner: Scott Carver
Property Address: 1196 Newville Road
Tax Map Parcel#: 29-20-1790-018 certified #7099 3220 0009 1571 7471
NOTICE TO CONNECT TO NORTH MIDDLETON AUTHORITY SEWER SYSTEM
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You are hereby given notice to connect your improved property abutting upon the North Middleton
Authority Sewerage System within ninety (90) days of this notice, in accordance with the Code of
Ordinances of North Middleton Township, 2004, Chapter 164, Part I, Article I, Sewer Connections and
the Rules and Regulations of North Middleton Authority.
A connection permit (tapping fee) for sewer may be obtained at the North Middleton Authority Office,
240 Clearwater Drive, Carlisle, PA 17013-1100, Monday through Friday, 8:00 a.m. to 4:00 p.m.; the
phone number is 717-243-8269.
For this project the North Middleton Authority is extending an offer to all property owners to finance
these costs over a five-year time frame, if necessary.
It is required that you give a twenty-four (24) hour notice prior to the time when connection will be made
so that North Middleton Authority may supervise and inspect the work of connection and oversee any
necessary testing. This notice should be given to the office at the address above. Inspections are
conducted during regular working hours 7:00 AM until 3:00 PM Monday through Friday, excluding
Authority holidays.
E. Lee Koch
Authority Manager
North Middleton Authority
NO CONNECTIONS ARE TO BE MADE TO THE SEWER SYSTEM WITHOUT A
CONNECTION PERMIT AND INSPECTION BY NORTH MIDDLETON AUTHORITY
EXHIBIT "B"
r
CONNECTION AND TAPPING FEES
FOR
NEWVILLE ROAD, WEST LOUTHER, WEST NORTH STREET, MEETING HOUSE
SPRINGS ROAD AND CENTER STREET
SEWER PROJECT AREA 8 AB
As approved by Resolution of North Middleton Authority on July 18, 2005 Connection Fee for
each improved property is $3100. The Tapping Fee for each property is based upon the number
of Equivalent Dwelling Units (EDUs). The Tapping Fee for a single-family residential property
is $2600.00 for sewer. Multiple use structures such as apartments or mobile home parks will pay
One Tapping Fee for each unit, apartment or mobile home pad. Commercial Properties will
pay a tapping fee according to their water use records.
According to our records the Connection Fee and Tapping Fee for your property at
1196 Newville Road
Carlisle, PA 17013
CONNECTION FEE PER PROPERTY: $ 3100.00
TAPPING FEE PER EDU FOR SEWER: $ 2600.00
TOTAL FEES $ 5700.00
If the total Connection Fee of $3100 is paid in full within sixty days (60) of the date of this
notice the property owner will be afforded a two percent discount on the connection fee. The
discount does not apply to the Tapping Fee.
Additionally, the Connection Fee and the Tapping Fee may be paid in installments over a five-
year time frame. Interest charges on the installation plan are set at 4.28%. A municipal lien
shall be filed against the property to secure these payments, said lien to be marked satisfied upon
completion of the payments.
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NORTH MIDDLETON AUTHORITY, ; IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. '
MLD - 07-15< /yG3
SCOTT C. CARVER,
Defendant
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the above captioned Lien as satisfied and paid in full.
By:
Date: /-a ?3 </ 0-7
MARTSON LAW OFFICES
Hubert X..Gilro squire
Solicitor for rth Middleton Authority
10 East H' Street
Carlisle, PA 17013
717-243-3341
.^
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Scott C. Carver
1196 Newville Road
Carlisle, PA 17013
Countrywide Home Loans
P.O. Box 5012
Woodland Hills, CA 91365-5012
MARTSON LAW OFFICES
By: A444) A , 0?442
Mary Price
Ten Eat High Street
Carlisle, PA 17013
(717) 243-3341
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