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Home My WebLink About03-2338MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant vs. JOHN B. BACKENSTOES and LORI A. BACKENSTOES 1284 Boiling Springs Road Boiling Springs, PA 17007, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5650 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN PRAECIPE FOR THE WRIT OF SCIRE FACIAS SURMUNICIPAL 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 the Monroe Township Municipal Authority filed a Municipal Lien at Docket No. 01-5650 in the amount of $3,000.00 against property owned by John B. Backenstoes and Lori A. Backenstoes known and numbered as 1284 Boiling Springs Road, Boiling Springs, Pennsylvania, 17007. Please be advised that said claim is still due and unpaid, and remains a lien against said property described therein. May lb , 2003 Monr~Town~ip Municipal Authority Ja~es ~. ~ar, Esquire Municipal Authority MONROE TOWNSHIP MUNICIPAL AUTHORITY, Claimant VS. JOHN B. BACKENSTOES and LORI A. BACKENSTOES 1284 Boiling Springs Road Boiling Springs, PA 17007, Owners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 01-5650 MUNICIPAL LIEN : DOCKET 2001 : : MUNICIPAL LIEN WRIT OF SCIRE FACIAS SURMUNICIPAL CLAIM The Commonwealth of Pennsylvania to John B. Backenstoes and Lori A. Backenstoes, husband and wife, Greeting: Whereas, the Monroe Township Municipal Authority, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, 17055, (hereinafter referred to as the "Authority"), on September 27, 2001 filed its Municipal Lien for Township Services and Sewer Rates in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 01-5650 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 sewer connection against all that certain lot of ground, including any improvements located thereon, same being known and numbered as 1284 Boiling Springs Road, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, owned or reputed to be owned by you, said property being more fully described as follows: ALL that certain lot of ground with the improvements thereon erected, situate in the Village of Allen, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Registered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Springs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. BEING the same property which Charles L. Bender, Jr. and Debra A. Bender, his wife, by deed dated September 10, 1993, and recorded September 13, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book ~N" Volume 36, Page 283, granted and conveyed unto John B. Backenstoes and Lori A. Backenstoes, his wife, owners. Tax Property Map Parcel Number: 22-28-2401-006. 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. Ja~s D. ~r, Esquire Attorney ~ No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 ~rtis R. Long, Pro~otary ~ Je~r~B. H~p~,\~Esquire Attorney ~.D. No. 86556 One West~ain Street Shiremans~own, PA 17011 (717) 737-8761 May I~ , 2003 Solicitors for Monroe Township Municipal Authority MONROE TOWNSHIP, Claimant VS. JOHN B. BACKENSTOES and LORI A. BACKENSTOES, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5650 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN VOLUNTARY su~STITu'kION OF MONROE TOWNSHIP MUNICIPAL AUTHORITY AS A PARTY CLAIMA~ 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 September 27, 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 JOHN B. BACKENSTOES and MONROE TOWNSHIP, Claimant vs. JOHN B. BACKENSTOES and LORI A. BACKENSTOES Owners IN THE COURT OF COPIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5650 MUNICIPAL LIEN DOCKET 2001 MUNICIPAL LIEN ENTRY OF APPEARANCR To The Prothonotary: We enter our appearance for the Monroe Township Municipal Authority as a party claimant herein. Jam6s D. B~r~ Esquire Attorney I.D,s,No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Jenni~ B[ ~ip~,~Esquire Attorne~ I. D. No. 86556 One West\Main Street Shireman§town, PA 17011 (717) 737-8761 May ~ , 2003 Solicitors for Monroe Township Municipal Authority SHERIFF' S RETURN - REGULAR CASE NO: 2003-021338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBER]~TD MONROE TOWNSHIP MUNICIPAL AUTH VS BACKENSTOES JOHN B ET AL RICHARD SMITH , Cumberland County,Pennsylvania, says, the within WRIT OF SCIRE FACIAS BACKENSTOES JOHN B DEFENDANT , at 1957:00 HOURS, at 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 LORI BACKENSTOES, WIFE a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 3rd day of June , 2003 by handing to true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this /2~ day of ~6%t3 A.D. 'P~othonotary ' t ~ So Answers: R. Thomas Kline 06/04/2003 JAMESB~:BOGAR~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-02338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2~ND MONROE TOWNSHIP MUNICIPAL AUTH VS BACKENSTOES JOHN B ET AL RICHARD SMITH Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE FACIAS BACKENSTOES LORI A DEFENDANT , at 1957:00 HOURS, on the at 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 by handing to LORI BACKENSTOES a true and attested copy of WRIT OF SCIRE FACIAS Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 3rd day of June law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /2~ day of ~ ~3 A.D. So Answers: R. Thomas Kline 06/04/2003 JAMES D BOGAR~