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Home My WebLink About07-1464 ~. NORTH MIDDLETON AUTHORITY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA V . :MLD - l'IIPq - 2007 THOMAS R. FITZPATRICK, JR., and COLLEEN M. FITZPATRICK, Defendants 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 are Thomas R. Fitzpatrick, Jr., and Colleen M. Fitzpatrick of 252 Stuart 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 905 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. Gilroy, 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: ~----- HuIJert roy, Esquire .. . ".ofJ;f ~ ~.... ~'., ,.) I~' "':::1:.. ..... ~."~\l' " ,e' . ",,'1',,1\ t: ...,f'.... . ',"'.~"'''''A;''''' ,'. . : ~'\r':l.-""',,,,' 'y" " .,. I ;, L) .......n---...............tI ___...-___ ..,..... -. ........ M , .'f ~~.~~ REOORDEO-OFFlCE OF THI , ~I"c"~:'::-n CF DEEDS C.... _.:......:..: C:~l!~~TY-PA. tEb i~ '89 APR 13 PI1 I II i8eeb, MADE THE 12th clar of ')\prll ' 01 O1Cr Lon/, OM tAowclnd a... ladre4 eighty-nine (1989) . itf ~..r,... BETWEEN LEON C. MORRISON and JEANETTE MORRISON, his wife, '" I..; of Middlesex TOwnship, Cumberland County, Pennsylvania, hereinafter called ) 0.1' Grc1ltor s, JR. . and THOMAS R. FITZPATRICK/and COLLEEN M. FITZPATRICK, his wife, of 309 Allen Road, Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantees : WITNESSETH, that in considerction of One Hundred Twenty-Seven Thousand Five Hundred and no/lOO-----------~$127,500.00)------------------ DoUAn, in haM paid, the receipt whereof i6 Ilerebfl aelmowled(Jed, the said (lrc1&to115 do herebr gra1It and CD1Il1e" to the .aid llra.nte. s, their heirs and assigns as tenants by the entireties ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, together with the improvements thereon erected bounded and described as follows: .~) BOUNDED on the North by an alley; on the East by property now or formerly of Nina T. Neusbaum; on the South by the road leading from Carlisle to Newville; and on the West by property now or formerly of Orville E. Peiper and Mary E. Peiper, his wife. SAID premises containing in fx'ont on said public road, a distance of 79 feet and extending in depth to an alley aforesaid a d1stance of 235.6 feet, more or less, along the western l1ne and extending a distance of 237.3 feet, more or less. along the eastern Une. HAVING thereon erecttd a dwelling house and other buildings, 8o~33 nEE 923 , f ( EXHIBIT "A" ,', ."". ...._.\..... .~.. ......."''''''''....,..n,.'.._._,~.........~''''',.......-....,. . .. ~ ~....., _."__"'''~'''''''''' ~ '.-:'~.'.JII > '..' . .. ,,.:"'. . .. ,....... L .....,.... '.. '.,~ "......,. ._.'"....~, """,~ .. "'......~ '1-.~ . -',.. " .J.... .. .. ~r! ii;i. TS"l. with mailing address or 905 Newv1lle Road, Car11sle, Pennsylvania 17013. i (,. ' The premises herein descr1bed are the greatest portion or Lot Nos. 10 and 11 on acerta1n Plan or Lots known as "Eckels Park", which Plan 1srecorded in the Office of the Recorder of Deeds in and for Cumberlar.d County in Plan Book 2, Page 58. SUBJECT, NEVERTHELESS to the covenant that neither the owner, nor his heirs and assigns, will erect a house on the premises herein described within the distance of 15 feet of the property l1ne as shown on the Plan of Lots mentioned, nor erect a house which will cost less than $3.000.00; nor ~inta1n or erect a SlaUghter house or pig pen thereon; nor erect a garage on the front portion thereof. BEING the same property which Florence L. Bistline, a widow. by her deed dated October 26, 1988 and recorded in Cumberland County Deed Book "Q" , Volume 33. Page 257, granted and conveyed to Leon C. Morrison and Jeanette Morrison. his wife. Grantors herein. ~. ..... DIlL Cumbo CD.. .... -t!.............~ ~;/J-B9..IA37,.m. tt:/,(d~ /fV'~ J:;. c.. GCII.CIIL~ .....;,(f/~~~ .. QII& CIa.... ..f!.....t::=I 'I'IIrQ" ~""I_" ~~ ~du: #" ~ a..:.. Ca.......~ COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT Of REVENUE := "".,,' = <.. f -~ ;: litAN5FER APR ~~%-,1.: 6 3 1 5 0 :..: .... lA)( l:r.. ~~ . == Q P.1l.;il'~ == COMMONWEALTH OF PENNSYLVANIA = co DEPARTMENT Of REVENlll: ' == ... l!MLU = &:.i:0. f j == _ :~~NSfEII "'113"8 ~ 6 3 7. 5 0 . ~ Q p.1I.: ll'~ L..-.-........: :::: - SOQl( W 33 ,AGE 924 : I .' ! " i I o 1 ; I <.3 I' !~ I \ I I . l) G "'--' . .,1, "1'1;, "i ,., "", . """.... . " ".' ::>." .. " ~- '.' ......,. '\..., '.~ . ..... .' ., '.'~" . ,.",_', .., " . ...... I' ....,.........'" ,~':"',;. '., "'-'1",'" '" '. . . " .\ ". ','*', ... oj J (f ~~ AND 1M ..u (INfIIM S u.... ..,...., .' ... ~ IW they toiU fUll,.,.'" generally 1M"""'" UN'" ""..,.. t I , ! f I ! j ! I f IN WITNESS WHEREOF, .. (INfIIM s U ve MrentG,et their AA_ ..,eal s tA, dAJI /1M 1Iear line e&botre writuft. _~.~-_UL~_~ LEON C. M~RISON ~ .--.----.-----.-.-. .e ~~.. e ... ~ .. ...... -- JEANETTE -MO -:"~N - . -------------.-.-.e StGte 01 PENNSYLV ANIA COKr&t1l 01 CUMBERLAND Ota tAil, tM 12th }... Apr.ll ,1' 89 , Hlor. flU, dA. 01 tA. underrip" of/iur, ~ e&ppIJC&Ml Leon C. Morrison and Jeanette Morrison, his wife knowtl to "" (or IGCiIle&d41riIr provMJ to k tM per8016 tuAoac ftAme S are IUblcriW to 1M witli" iutrwMellt,"'" ~Wg_ tW they ezeCllUd"me for tAl71Kf'POHI tiera" c:oataUaed. IN WITNESS WBBRBOF, I ~~'" AAM /1M ojficie&l ,aU. ,,;.:.~;',.. .1....;...... Jl 1.iJfr.:L. e .... . '._i.)/. '. . .' ,\it, ", "(.I .... _ ._ _ .. _~_. __ _ ..... _ ...... .",~ . . . ,~ . - I........ ~~~~ ,'v'.t 'AM J ,t"' ,..'. ''';''"''''t Jo\ W',I ; ':!.:... '1.....':. _"_" _ d"L1~%_ _.n . ._...._.~__..__ - -. '-' .. --" '.."1' 1ft' 1 0'.'-" \~l "'tt.. :iUJ.J ~We 0 11-" , y..~. "#'" .' NOTAAlI'L.SeAI. .... ~"~;'J\ ; \o'...f. . BETlIA.'AOI'.PJ!;OI~NOTAAYJ'l~1C 0"',...1.'. ." CAF:l.:::U:8/',ilo:t.C',':.I!i'.:?IJ..'f1>COL'tm' ''4.1 . ",'(c;..'lI}AJ.S3lON EXI'iRES :J:C. n.1;~ MIlIIlIl'.......Aacidalaol~ I - ! I do 1..-.'" emif~ ,.., 1M precU' r~ elM complete 1JOII o~ e&ddra, 01 1M tuitAi. utMd,...... 8" 3D q ~ . I ~ flA- 1'10/3 Aprll 12th, l' 89 aoOltW33 PAGE 925 J j I -.. p.-~ . North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013-1100 717-243-8269 email csaoff@pa.net September 22, 2006 Property Owner: Property Address: Tax Map Parcel#: Thomas & Colleen Fitzpatrick 905 Newville Road 29-20-1794-085 certified #709932200009 1571 7488 ' NOTICE TO CONNECT TO NORTH MIDDLETON AUTHORITY SEWER SYSTEM 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" ~ -. ,. 1/1I> CONNECTION AND TAPPING FEES FOR NEWVILLE ROAD, WEST LOUTHER, WEST NORTH STREET, MEETING HOUSE SPRINGS ROAD AND CENTER STREET SEWER PROJECT AREA 8 AIB 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 (EDDs). The Tapping Fee fo~ 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 905 Newville Road Carlisle, P A 17013 CONNECTION FEE PER PROPERTY: TAPPING FEE PER EDU FOR SEWER: TOTAL FEES $ 3100.00 $ 2600.00 $ 5700.00 If the total Connection Fee of $31 00 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. .~ ~ N ~ '- ~ ~ \\ ~ 01 - ~ ~ ............ ~ 0 ""-.\ }.> ~ '/::) D, ~ ~ .....0 -...c. r~.> (.~..J C:,_-:,.\ o -n ---I -r - - ..,., "1)__ ! r::: ....._"..1 ~?" ~- (". ) f'"J L"'.,,;, NORTH MIDDLETON AUTHORITY Plaintiff V. THOMAS R. FITZPATRICK, JR. and COLLEEN M. FITZPATRICK, Defendants TO THE PROTHONOTARY: :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :MLD 2007-1464 PRAECIPE r? 77, a .X rT ?` sue:. ?> Please mark the above captioned Lien as satisfied and paid in full. Date: ql -361( L' NORTH MIDDLETON AUTHORITY By: qv-v" Hubert X. Gilroy, Esq re Christopher E. Rice, squire Solicitor for North Middleton Authority Martson Law Offices 10 East High Street, Carlisle, PA 17013 (717) 243-3341 *S. co Pa at a30q l 0 i4gDO'7 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: Mr. and Mrs. Thomas R. Fitzpatrick 252 Stuart Road Carlisle, PA 17015 MARTSON LAW OFFICES all , By: M .Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 713010