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Home My WebLink About07-1582 , NORTH MIDDLETON AUTHORITY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V :MLD - - 2007 : D'7- I~P.2.. /YIL.V I€IL~ NOLL ASSOCIATES, 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 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 Noll Associates of 906 Newville Road, Carlisle, Pennsylvania. 3 A description of the property against which this lien is filed is attached hereto and marked as Exhibit "A" with an address of901 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 for unpaid sewer user fees against the above-described property in the amount of $4,700.00. 6 Interest is claimed on the above-mentioned amount from September 22, 2006. NORTH MIDDLETON AUTHORITY 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: Hubert X. IIII'-o.r CIlIulIIu', ........... ........-. _ .a.......__.,. C~ _ J.........) _aJ7 K.II. I.... t.a.... Jla. " ~bi~ Jnbenture, MADE THE 14th d4'11 01 December 01 ~,. Lord OM thouond IIiM huM,.. eighty-four (1984). BETWEEN JOHN G. BEAR, BEVERLY ANN ESHENOUR, and BEATRICE ANNA PAINTER, co-Executors of the Last Will and Testament of A. Mildred Bear, also known as Anna M. Bear, late of North Middleton Township, Cumberland County, Pennsylvania, Deceased, parties of the first part, GRANTORS, AND ill tM 11_ )~. \~ NOLL ASSOCIATES, a partnership, of North.Middleton Township, Cumberland County, Pennsylvania, party of the second part, GRANTEE, WHEREAS, A. Mildred Bear, also known as Anna M. Bear, died a widow on September 27, 1984, seized in fee of the herei'lafter described real estate, and by her Last Will and Testament dated July 11, 1984, since her ueath duly proved and remaining of record in the Office of the Register of Wills in and for Cumberland County at Carlisle, Pennsylvania, in Will Book 94, Page 974, and filed to Estate No. 21-84-682, provided, inter alia, as follows: "18. I hereby nominate, constitute and appoint my said three (3) children, John G. Bear, Beverly Ann Eshenour and Beatrice Anna Painter, or any of them, as co-Executors of this my Last Will and Testament, and further direct that none of them shall be required to post any bond to secure the faithful performance of his or 'her duties in the Commonwealth of Pennsylvania or in any other jurisdiction." .1- WHEREAS, Letters Testamentary in the Estate of A. Mildred Bear, also known as Anna M. Bear, Deceased, were issued by the Cumberland County Register of Wills to John G.. Bear, Beverly Ann Eshenour and Beatrice Anna Painter on the 4th day of October, 1984, without the requirement that any bond be posted by any of them, which Letters Testamentary remain in full force and effect, and, WHEREAS, Section 3351 of the Probate, Estates and Fiduciaries Code (20 P.S. 3351) gives personal representatives the power to sell at public or private sale any real property not specifically devised, and, WHEREAS, the hereinafter described real property was not specifically devised, ...-, ., IY,":'#..~ Cum". Co., ,.. COMMONWEALTH OF flENNSYI.VANI/\,:': .u' DEPARTMENT OF REVENUE --..~ _ ...... T...... T_ I/(AlIY =~., E--il- :!'2..-/V";1. 737J.7) lR"'"mR , ~~ 67 S 01 ~-'"'''''' .,.....;......-;-, I AX pre I 414 _..-r;. .' . , e>-c.... P.S.'IICZ .._,.. BOOKI1 311~Cf 670 EXHIBIT "A" ~ UJ-.~ Sell", Oilt, c..a.. c... ,.. . ' -J S ....1 _ fr...... T.. ~/.~.:!~.:~ ~J?..~,Y rt?Ai,..;..'" ~~......... ':or --~ c..Io. c...~m.'. C~tL ill ~ ~ -r: ~~;' 0:00 .. .." ~~3 , ::.: <::an "'" Z'II"' ~"'O b 0 ~~::: .". en::o. :z: ~ . "' t ,) i \....... ',-- -----._--_.._..._--~....~-_. NOW THIS INDENTURE WITNESSETH, tAcIt tM IGi4 Grantors , fOf' alld if& l:OuuuratiDt& of tit. """ of Sixty-seven Thousand Pive Hundred------ ------- ($67,500. OO-------------------DoUa,.. 11I10/'" ~ of tM United Statu, to them in laalld pai4 bll tM 'Ai4 Grantee, . r' ~ At IIIIll b.fOJ'l tM ,eali7ll1 AMlklillef' It""of, tM rcceipt wlt.,..of iI It""bll Aclmowkdged have gnmted, bar/1llifUltl, ,old, lIliell.d, ,..leaIed aM COftfirmed, aM btI tltCl. f/f'U"'~, . , do ilf'tlflt, ba.rtlllill, IIU, lIlien, ,.deaI. AM OOfIftrm tlllto tM ItlMl Grantee, its successors and assigns, . ALL THAT CERTAIN tract of land situate in Nort~ Middleton. Township, Cumberland County, Pennsylvania, bounded and 4escri~ed and numbered in accordance with Plan of Eckels Park, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 58, and which Plan is incorporated herein by ref~ erence, as follows: BEGINNING at a point on the northern right-of-way line of the Carlisle to Newville State Highway known as Pennsylvania Route 641 at the intersection of said right-of-way line with the western line of 40-feet wide Center Street as shown on said Plan, which point at the Place of Beginning is 35 feet from the original centerline of the 16 feet wide concrete paving of said Pennsylvania Route 641; thence from said point at the place of Beginning along said northern right-of-way line westwardly a distance of 160.00 feet to a point at the dividing line between Lots Nos. 11 and 12; thence along said dividing line between said Lots Nos. 11 and 12 north- wardly a distance of 237.3 feet to a point on the southern line of a 20-feet wide alley; thence along the southern line of said 20- feet wide alley eastwardly a distance of 160.2 feet to a point at the intersection of the southern line of said 20-feet wide alley with the western line of said 40-feet wide Center Street; thence along the western line of said 40-feet wide Center Street, south- wardly a distance of 240.50 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains 160.00 feet in front along the northern right-of-way line of said Pennsylvania Route 641 and extends northwardly therefrom along the western line of 40-feet wide Center Street to the southern line of a 20-feet wide unnamed alley, and which tract of land is composed of all of Lots Nos. 12 through 15 as shown on said Plan of Eckels Park recorded as aforesaid, and has thereon erected a frame dwelling house and other improvements known as and numbered 901 Newville Road, Carlisle, Pennsylvania 17013. ALSO included is all of the right, title and interest of A. Mildred Bear, also known as Anna M. Bear, in the roadbed of that portion of Center Street which is unopened, the same being that portion of Center Street extending from said Pennsylvania Route 641 northwardly a distance of approximately 241 feet to said unnamed 20-fe~t wide alley. THE ABOVE described premises are all of the property which Harry Weaver and wife by deed dated March 21, 1941, and recorded March 26, 1941, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "H", Volume 12, Page 422, granted and conveyed to Mervin J. Bear and Anna M. Bear, husband and wife, and, in addition, includes all of the property which N. Tirza Neusbaum and husband, by deed dated July 28, 1944, and recorded in said Recorder's Office on July 28, 1944, in Deed Book llyn, Volume 12, Page 561, granted and conveyed to Mervin J. Bear and Anna M. Bear, husband and wife. T~ SAID Mervin J. Bear having died.on title to the same remained vested by operation surviving Spouse, Anna M. Bear, also known whose co-Executors are the Grantors herein. December 28, 1976, of law solely in his as A. Mildred Bear, 800~A 31 f.\CE 671 , .~ " " TOGETHER with all and Binqular the bUildings, -II', wate,.., welter-c:our.e., rif1hU, libertiu, lIriviUf1u, hef'8ditamcllU and appurtenance. what- soever thereunto belongillf1, or ill allJlwise appertaini7lf1, and the reilernon. alld remainder., rme., is.ue. and lIro/itB thereof; and alBa, all the utate, right, title, illterut, ue, tn.-t, lIrollertll, poll,... noll, c14im and demand whae.oltler, of the said A. Mildred Bear, also known as Anna M. Bear, at and immediately before the time of her death, ill 141.11, equit1/ or otherwise how80ltI.r, aI, ita, to or out of the Rme: TO HAVE AND TO BOLD, tIae .aid. buildings CJ heredita.ments and premis" here~ t1f'4IIted aM releue4, or mmtionld and inUlUl.d .0 to be, with tluJ appurtmancu, unto the 8td4.. Grantee, its successors aT OShf1M, forltler, and tUrit1ll8, to and for the O1IlJl proper u. and behoof of tM 84id Grantee, its SUccessors And the said. Grantors COVltllallt ,Jlt'Ilmi8. and a.greti , to and with the Rid. Grantee, its successors th..ait/. Grantors, and /J8Iigft8, ~ th"e fWuent" tlu&t they, ,"-,e not donfJ, commit'"- or lcttowinglJl or wiUillDlJllU6ered to be done aT committfJd, ImJl lICt, matter or thillD wMtBoever tIIhere~ tM pr/JfIIisr. hC1'/J~ f1ranted, aT anJl part thereof, is, are, .hall or maJl b. impeaoMd, MarrlfJd or illcumberetl, ill title, eharf1., utate, or otherwise lIoW,oltler, WITNESS tM d". fJ.%fJCUticm hfJreof tIae dar, tIIOnth and Jlear first above writtell. ............-.--...........--.......-.--... '.___"__UO ...... ....__............... ... .0"_ of the E.tate of ATTEST: ......................................................u............... ..........................u... B'V .......__............_.............,.........................,.....,....,,.. Pruident SeCf'/Jtaf'JI (SEAL) , (.jL':'.. "r ~ .................................................................u_...._h............... WITNESS: f'2.A.-- .L. 1-. ....".....'........................-.....................9.......... StatfJ of PeMsylvania Count'V of Cumberland Oil this, tIae 14th ~.:..~!~.~.~~.~-~!:~~!.!.~.?.~~~.~.~..~~..~~!-'.!.~.:.~~~~!. Deceased } 88. daJlof D~cember , 19 84 , before me tIae u1lderrit1ll8fl officfJr, per.01I4llI1 appeared John G. Bear, Beverly Ann Eshenour, and Beatrice Anna Painter, co- Executors of the Estate of A. Mildred Bear, a/k/a Anna M. Bear, late of tM Sto.U of PeMsylvania, Countll of Cumberland, Deceased , /mown to me (or BGtiBfactorilJl JI"O'Im) to b. tM per.Oft described in the foref1oillD ill8trummt, .lnd ackIIow~ fJdf1e4 t1u&t t h. Y fJ.%eClltfJd tM BGIIl/J in th. capacitll thereill ,t4te4 and for the lIUTJlOBu therei" COlltaiMd, .....,.. .., , \., .,. '" III witn... wlureaf, I h/J1'eullto Bet m'V hand and ol/icio.l seal, , . /,~. .~..~;,..:..:.......~.. ._..............~-~,:....~.~......_:;..~~~~~(;~.~ :~.~~. NOTARY PUBUc, CAflUSU. CUMIEALAND COUN1Y, PA i. .,c.Jl<.:~' ... ..;,:................:.;. ~ : flY 00MMl8/JI0H EXJIIRES AUlIUIT.fI;'1_......._............_..........:...~"'....-'O:',."'..~_.r TItle o/.o~er. '.- 'i'~~:~!:.~:'.~: ,..~;....;f CERTIFICATE OF RESIDENCE .\. oj. <, ............L....._.._...__ do herebv eMUfJl that tIae preei8, ~ and complet, Po.t ofllu a.ddru. of th. within IIGIII/Jd i1TlJIIU. is 1:)0) ~~. ~~, 0',) I~ L'~""~,,,,,--, December 14, 19 84 _._.....:':l......~..._.:..,.......~.._....._............ BOOK fl 31 fACE 672 Attorne" for __~~!~~.~__. _..._..._.... ~............-.-'.._~._..- ._. ...-.-._-_..~.'.- ~ (. . '--' I "-/ r'" . " . " ,. . ~"l" .....~. . .. . II . Il! J II 11,1 .t' ~t I fll . :!J~! . 4- .1 I -I f!, f !" f :it ~ .. .. ;:' .l!!IJ . t r, r...- 1..:. ~!ri'l , "., .. .w r T ':fZ1l '''[.. rc:~." ":rq .>>:. ... 9" -:J .. Colli c:tl :PCA n " ~ )) .)I ".:1 "'II ... 'c _ :i ;. rt ,. r- "Or>>- ,", ii(J) Mol '.cJ:ll 04 . " :I" rt ,'a1'll"n.1J :~~ ~,.,. ;=;11 ~ :z "1'I:.1"l ~ !'~. r- , ., II (JJ .. ~ . i'~ '~2 .. ~~ jl" -it " I') ~ ('I " . (.IJ ~ ; :z ~ 11 0. . "11 )I .::u ;\ ... .,' - . ._._~........,.. "I . . . I , . G> E> e G> cg , e " @ o (i) @ @ (i) fit ! ~ .... , ceNT I ~ ..-- !. ..- (!> .: .... e> __ (1) tr, @ -- (1) I :,f. <I) __ e ~ ~J; e_ .. ,- (!) j. ~ <I> __ j ... _t>~ l- . ~ tD _. .~- (!).~ t:. (f).... , (!) o. ~ .. Ci>-.. ..- (!) ~" I;: ~. f) __ . ,_. (!) : ~ -'." .- (!) ..~;t I <!> .....-..., f _... (!) ..... ~-'--~---.-. .& ~--'!.~ ~ ~ l ~_____ ....., .,~" J -to '..01.,........,. O. ., c.. I 1:" , I I I Ii .. ~ Boo~fl31 PACE 673 ~ l ~ C) ~ ~ ~ l ~ ~ . 8 f ~ ~"'f'-- ...... ~ "" .......... (') C -r'~ .J c. ; ::Ii: G)iii > ~i~; ~ w ?i. Pc: ~ ,...., = = --.I ~ ~:!! :B~ o :t-r. r' -n ,,:10 om ~ -< :z". -~'*" _h 00 N Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORTH MIDDLETON AUTHORITY Plaintiff V. NOLL ASSOCIATES, Defendants TO THE PROTHONOTARY: 4i3? rL I -J v "'4 T PF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MLD 2007 - 1582 PRAECIPE Please mark the above captioned Lien as satisfied and paid in full. Date: February , 2012 NORTH MIDDLETON AUTHORITY By: _Pwx jk' / Hubert X. Gilroy, E4ton Solicitor for North Authority Martson Law Offices 10 East High Street, Carlisle, PA 17013 (717) 243-3341 'S q, so FA aA C (c? as1s8 ?( ??03? CERTIFICATE OF SERVICE I, Peg Nash, 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: Noll Associates 906 Newville Road, Carlisle, PA 17013 MARTSON LAW OFFICES By: )ab? Peg sh Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February '2012