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HomeMy WebLinkAbout07-1461 , ,. NORTH MIDDLETON AUTHORITY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA V :MLD - ILflDl - 2007 JOHN A. WEIBLEY and SUSAN M. WEIBLEY, 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 is John A. Weibley and Susan M. Weibley of 132 Elm Street, 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 1126 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 $8,300.00 plus interest from September 21, 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. Gilr 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: 04- Hubert X. i';-ro "70 ~Llf Tax Parcel No: Imm 71f MADE THE;;) ----day of ~/ ,in thc ycar of Our Lord onc thousund nine hundred ninety~r<J9'I') ,q'f7)Pfj BETWEEN VIRGINIA M. LILLIE, widow, of Dickinson Township, Cumberland County, Pennsylvania. GRANTOR, and JOHN A. WEIBLEY and SUSAN M. WEIBLEY, husband and wife. of 132 Elm Street. Carlisle, Cumberland County, Pennsylvania, GRANTEES, WITNESSETH, that in consideration of Flfty-one Thousand Nine Hundred and no/l00 ($51,900.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantees, thei r heirs and assigns, as tenants by the entirety, ALL THAT CERTAIN lot of ground situate-in North Middleton Township, Cumberland CoulIty. Pennsylvania. bounded and described ns follows: ON the Enst by Lot No. lion the hereinafter mentioned Plan of Lots; on the South by a sixteen foot alley; on the West by Lot No.9 on said Plan of Lots, now or fonnerly of Kenneth Kurtz el UX,; and on the North by the concrete road leading from Carlisle to Newville. Having a frontage of 50 feet on the said concrete road leading from Carlisle to Newville and extending in depth at an even width to the alley on the South, 207 feet. BEING Lot No. 10 on the Plan afLots laid out by E,R. Lay, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, Page 40. and being improved with a block garage and apartment. BEING the same premises which George P. Lemolle and Pauline S. Lemolle, husband and wife, by their deed dated February 9. 1973. and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Z", Volume 24, Page 1 061, granted and conveyed unto Sidney J, Lillie and Virginia M. Lillie, husband and wife. The said Sidney J. Lillie and Virginia M. Lillie, by an unrecorded agreement dated December 22. 1977, agreed to sell the above described premises to Lancaster Alann Company. Inc. Thereafter the said eou" 112 r.',~l 796 EXHIBIT "A" . . Lancaster Alarm Company, Inc. entered into an Agreement of Sale dated March 10, 1980, and recorded in Cumberland County Miscellaneous Book 252, Page 77, whereby it agreed to sell to Ihe Granlees herein the above described premises. Whereupon, Sidney J. Lillie and Virginia M. Lillie. husband and wife, Lancaster Alarm Company, Inc., and John A. Weibley and Susan M. Wcibley, husband and wife, entered inlo an Agreement dated July I, 1982, and recorded in Miscellaneous Book 277, page 750. whereby Lancaster Alarm Company. Inc, assigned all of its rights under its Agreement to the said Weibleys as consented to by the said Lillies. This last mentioned Agreement was further modified by Amendment dated July 29. 1987. and recorded in Miscellaneous Book 337, page 544, The said Sidney J. Lillie died on the 29'h day of October, 1991, whereupon his interest vested in the said Virginia M. Lillie by survivorship. AND the said Grantor hereby covenants and agrees Ihal she will warrant SPECIALLY the property hereby conveyed. . IN WITNESS WHEREOF. said Grantor has hereunto set her hand and seal the day and year firsl above written. Signed, sealed and delivered in the presence~ ~~ ~ -4 ~'n1.~' ~. Lillie (SEAL) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) f ~ Iqq)~ On this, the;?7-41lly of /"~~vAj,4!'y , ~. before me, the undersigned officer, personally appeared Virginia M. Lillie, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~?>W ~~1f" Nota Pu 11 (SEAL) f~ol;J1ifll 5fJul i ;.~.~~:~~l \[~u.~I~~~n~~r':~ttc= ; ~ly i:lJfI1"II~:$ii'l&l t:l!pH8~\ Oftpt. 4. 1~9a M":-tflli.,':: [l:;, 1;;cY'I~:,\"li;'~~~~lJn 01 olines BOOi! 172 P.IGf 797 .... . CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and comllJelP !?Ost office add~~ of the withinnamedGrantee/..:?;:l eC::"" f.?:"/ ~c::::'/5~ ~ /;:>t:r8 fl"'&tt__eoy :::1..> ,1997 ~~~~ Attorney for Grantee to Cx;l ::3 = ..... COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND \\ Recorded on this d day of J~ Recorder's Office of the said County, in Deed Book 1..ia....-. Page iq [n Given under my hand and seal of the said office, the date above written. v12~ p~~ ...,7",C:.I~'~ . ,.,:-~ih "I' . .~,~;..h .:,~~.2!~'''_ ! ~,,:#!~~.....,:;I tl-f:-:til'~~~-;,:'" / '.. ..' t\r.6:...:oi,~"c~'~r.;t'" I ..~; ~.I...~jIt~'i~~~"'''':''l': 'f'f:l. :;;'i\~.~,~~~~~" ~:~;;~ :-,it ': A~"i:.~(,..~~r:r~",~, .",-. .,~<,.:"~t~:;1~~~~~:~' a'~9::;{i!.Il!DlI'il,",1'il ~ ~ ~J ~:n5q;g Ia J:a - ~ =- ii:::~~~~~ [2, tH;! :l:! i! jl.; :::I !:l ! !:I~~ : i! rot 800K 172 rAGE 798 - - -- ~~;St::~~ti :::: ~gklklklklgkl~ .......~" ,.-.... . ...-.....~....~.._,--~_...__. 1'.:' _._ I" >~ > ;;: 1 ~ '.' "; I :~, .:1 :; ::0 :::3 t-'" o ....... = C') '.-' . . o '1.: ~~ ;.~~ ;:.; -:. ;~ ;:~. ,#i 11{ , A.D. ~ in the !' .... ,., ," rt * AD '!'. ~ i 8 "" Ii! ~ " ~ :i ... ..... @ ~ * !a c; * c; , Recorder I -1 a-s !~ ~~ ;j.t 5l. f .. , North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013-1100 717-243-8269 email csaoff@pa.net September 21, 2006 Property Owner: Property Address: Tax Map Parcel#: John & Susan Weibley 1126 Newville Road 29-20-1792-019 certified #7004 2510 0003 12420504 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" ~ CONNECTION AND TAPPING FEES FOR NEWVILLE ROAD, WEST LOUTHER, WEST NORTH STREET, MEETING HOUSE SPRINGS ROAD AND CENTER STREET SEWER PROJECT AREA 8 AID 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 1126 Newville Road Carlisle, P A 17013 2 EDU'd CONNECTION FEE PER PROPERTY: TAPPING FEE PER EDU FOR SEWER: TOTAL FEES $ 3100.00 $ 5200.00 $ 8300.00 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 ~ ~ ~~-:, C';' 0 c.:..~ ~ " _-J -n ~. ........:. " --:.",.. ::;:l 1t ~ ~ .' i'i1-n :>;J r~- ~ '" -....... ........... c:> ..- CJ ~ ....j '.. ) C> ~ -.; --J .....;....... ~ ~ (') ~ c.J j'n t'\ ~ ~ w