HomeMy WebLinkAbout01-04385
BOROUGH OF CARLISLE
vs.
RHETT HEFELFINGER
KELLY L. HEFELFINGER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.0-(/3?j MILD 2001
CIVIL ACTION--LAW
MUNICIPAL LIEN
MUNICIPAL LIEN FOR (CURB) (SIDEWALK) REPAIRS
The Borough of Carlisle, Cumberland County, Pennsylvania, hereby files its claim
against Rhett Hefelfinger and Kelly L. Hefelfinger and all that certain lot or piece of
ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being
known as 304 E. Louther Street and having thereon erected a house. (See property
description attached.)
For Curb and sidewalk repairs for 304 E. Louther Street together with an
additional ten percent (10%) and $90.00 solicitor filing fee for a total of $ 253.40,
together with interest sec. leg from September 30, 1998, the date of completion
of the work.
Prior notice in accordance with law was served upon the owner by first class United
States certified mail, postage prepaid, at the owner's address at 304 E. Louther Street
on September 12, 2000. The said services were provided by the Borough of Carlisle
and the charge levied therefor in strict accordance with Article XVIII of the Borough
Code, Act of February 1, 1966, P.L. 1655 (1965), No. 581, Section 1801 et. seq., 53
P.S. Section 46801 et seg., Ordinance 145-C, Article II of Chapter 120, and/or Article
V of Chapter 223 of the Code of the Borough of Carlisle.
B
Edward L. Schorpp
Carlisle Borough Solicitor
COMMONWEALTH OF PENNSYLVANIA)
:ss.
COUNTY OF CUMBERLAND )
R. David Graham, being duly sworn according to law, deposes and says that he is
Finance Director for the Borough of Carlisle; and that the facts set forth in the foregoing
instrument are true and correct to the best of his knowledge, information, and belief.
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R. David Graham
Sworn to and subscribed
before me this /7y'? day
of , 200 t
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Notary Public
Lori B. Srryder, Notary Public
Carlisle Dom, Cumberland County
My Commission Expires June 28, 2004
Member, PennsylvanIAMURWfIgNiR
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THIS INDENTURE
MADE this Ff ?(j day of N/4 k '1996.
BET E E N
R. FRED HEFELFINGER, Executor of the Last Will and Testament of MARGARET W.
HEFELFINGER, late of the Borough of Carlisle, Cumberland County, Pennsylvania, party of the
first part.
AND
RHETT L. HEFELFINGER and KELLY L. HEFELFINGER, of Cumberland County, Pennsylvania,
party of the second part.
WHEREAS MARGARET W. HEFELFINGER died September 16, 1995, testate seized of
certain land situate in Borough of Carlisle, Cumberland County, Pennsylvania; and
WHEREAS the Will of the said MARGARET W. HEFELFINGER dated February 11, 1993,
was duty probated in the Office of the Register of Wills in and for Cumberland County,
Pennsylvania, on September 28, 1995 and Letters Testamentary were granted to R. FRED
HEFELFINGER, the above named Executor; and
WHEREAS Section 3351 of the Probate, Estates and Fiduciaries Code (20 PS. 3351)
confers upon Executor 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 Executor was not required to file any bond to secure faithful
performance of their duties.
II NOW THIS INDENTURE WITNESSETH that the said R. FRED HEFELFINGER, Executor of
the Estate of MARGARET W. HEFELFINGER, deceased, for and in consideration of the sum of
Ferry 7'wo Thousand and 00/100 /542,000.00/ Dollars in lawful money of the United States,
to him in hand paid by the said GRANTEE at and before the sealing and delivery hereof, the
receipt whereof is hereby acknowledged he has granted, bargained, sold, aliened, released and
II confirmed, and by these presents does grant, bargain, sell, alien, release and confirm unto the
said GRANTEE:
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ALL THAT CERTAIN lot of ground situated in the Borough of Carlisle, Cumberland
County, Pennsylvania, bounded and described as follows:
ON the East by property formerly of Charles Shepley, now or formerly of Kathleen
Minnich; on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now
or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more
or less, on said East Louther Street and 197 feet, more or less, in depth to said alley.
BEING improved with a dwelling house known as 304 East Louther Street, Carlisle,
Pennsylvania 17013.
BEING the same property which John P. ilgenfritz and Orpha M. Ilgenfritz, husband
and wife, by their Deed dated April 26, 1962, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, in Deed Book "M", Volume 20, Page 721, granted and
conveyed unto John C. Hefelfinger and Margaret W. Hefelfinger, husband and wife. John C.
Hefelfinger died on June 19, 1976, thus vesting title in Margaret W. Hefelfinger, as surviving
tenant by the entirety. Mary W. Hefelfinger died September 16, 1995, and Letters
Testamentary were granted to R. Fred Hefelfinger September 28, 1995. See Register's File No.
21-95-0718).
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 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 their heirs and assigns, to and for the only proper use and behoofof the said GRANTEE
their heirs and assigns, forever.
AND the said R. FRED HEFELFINGER, Executor of the Estate of MARGARET W.
HEFELFINGER, deceased, covenant, promise, and agree to and with the said RHETT
FEFELFINGER and KELLY ENCK their heirs and assigns, by these presents, that they, the said
R. FRED HEFELFINGER, Executor of the Estate of MARGARET W. HEFELFINGER, deceased, has
not done, committed, or knowingly or willingly suffered to be done or committed or 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.
2
buoll A2IAA009
BOROUGH OF CARLISLE,
Plaintiff
V.
RHETT HEFELFINGER and
KELLY HEFELFINGER,
Defendants
TO THE PROTHONOTARY:
Please satisfy the within lien in full.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
&`r
NO. 01 4445-MLD 2001 -?
CIVIL ACTION
: MUNICIPAL LIEN
PRAECIPE
Edward L. Schorpp, Esquire
35 South Thrush Drive
Carlisle, PA 17015
(717) 486-8386
Solicitor, Borough of Carlisle
Date: April 1, 2009
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