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HomeMy WebLinkAbout07-1909 NORTH MIDDLETON AUTHORITY Plaintiff v :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA () 1_ 190 9 M~LJ :MLD - - 2007 EDWARD A. LEPARD, 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 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 Edward A. Lepard of 1180 Newville 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 1180 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 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 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: H ).t>1.>11 i\~ TaxIDNo. ")9,.f),o- 177{l, (.'JJ DEED. MADE THE .31 ~r day or July In the year or our Lord one thousand nine hundred nlnety-seyen (1997) BETWEEN MARIE E. GROMACK, widow, of South Middleton Township, Cumberland County, Pennsylvania, GRANTOR and EDWARD A. LEPARD, of North Middleton Township, Cumberland County, Pennsylvania, GRANTEE WITNESSETH, that in consideration of One Hundred Twelve Thousand Dollars ($112,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor do hereby grant and convey to the said Grantee, his heirs and assigns: ALL THOSE CERTAIN two certain tracts of land with the improvements thereon erected situated in North Middleton Township, Cumberland County, Pennsylvania boUnded and described as follows: TRACT I: BEGINNING at a point in the South Side of the Newville-Carlisle Road, Pennsylvania Highway Route #641 at corner of lands of Francisus; thence in a Southerly direction along the Francisus land 182 feet to the Northern side of an alley; thence by the Northern side of said alley in a Westerly direction 7S feet to an iron pin; thence by other land retained by Grantors in a Northerly direction 182 feet to the South Side of said Road; thence the South Side of said road in an Easterly direction 75 feet to the place of BEGINNING, BEING the same premises which Rk:bard W. Collins and Mildred p, Collins, his wife, by their dated May 31, 1962 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0, Volume 20, Page 981, granted and conveyed unto Anthony Gromack and Marie E. Gromack, his wife, Anthony Gromack died January 6, 1986 thus vesting full fee simple title in Marie E. Gromack, grantor herein, TRACT ..z: BEGINNING at a point on the South side of the Newville-Carlisle Road, Penna. Highway Route No. 641, at the Northwest corner of land heretofore conveyed to the within Grantees, which point of beginning is 7S feet West of land of Franciscus; thence in a Southerly direction along said other land of the within Grantees, a distance of 182 feet to the Northern side of an alley; thence by the Northern side of said alley in a Westerly direction, a 60lx 162 'ACE 91 EXHIBIT "A" .~_.,--'~"-----,~ '~-_.-..- distance of 10 feet to a point; thence by other land retained by the Grantors in a Northerly direction, a distance of 182 feet to the South side of said Newville-Carlisle Road; thence by the South side of said road in an Easterly direction, a distance of 10 feet to a point. the Place of BEGINNING, CONTAINING 10 feet in front along the Southern line of the Newville-Carlisle Road and extending Southwardly therefrom at an even width a distance of 182 feet to the North side of an alley, BEING the same premises which Richard W. Collins and Mildred P. Collins, husband and wife, by their deed dated November 26, 1963, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B, Volume 21, Page 199. granted and conveyed unto Anthony Gromack and Marie E. Gromack, husband and wife. Anthony Gromack died January 6, 1986 thus vesting full fee simple title in Marie E. Gromack. grantor herein, And the said Grantor hereby covenant and agree that they will warrant specially the property hereby conveyed, IN WITNESS WHEREOF, the said Grantor have hereunto set their hands and seals the day and year first above written. SIGNED. SEALED AND DELIVERED ~~ ~~'.~ e 1l~~~~ MARIE E. GROMACK (SEAL) COMMONWEALTH OF PENNSYLVANIA ) : SS, COUNTY OF CUMBJD ) ON THIS, the )\ day Of~. 1997, before me, the undersigned officer, personally appeared M E. romack, known to me (or satisfactorily proven) to be the person whose name is sub d to the within il1lltrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se my hand and official seal. 162 rACE 92 (SEAL) Nocarial Seal c=.~~ My Commlnion ExpIr....llec, 15,2IlOo MllTIlN" I'ennsyMlnl. A._flon Df Nola'i.. I do hereby certify that the precise residence and complete post office address of the within- named Grantee(s) is: 1/80 t1J~Wf.JII/-(, ~t:f) Cv 11~7e ffJ (70() Date: 7/.,/ fin , 1 !J'H fll-I,~ RECORDED on this lY- day of /.\~ . A,D. lfu. in the Recorder's Office of the said County, in Deed Book I ~l.. . Page <11 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Given under my hand and the seal of the said Office, the dale above written. ~~~ . Recorder ~K 162 rACE 93 ,..,..._ n. ".~_.._.~_____..._._..._ ;: c- rt: If> ~ Cl ,. u.J '" >- -' UJ :z ..... '" Cl ::> u.. Cl e:: ~I <:> (,.') ~ c, n'~ 0 LJ -- ..... '" r.:> <l 1..:: -' l"-I C} <.l: C!:l 0' u.i = C~ '" :1.) a: " :- '.' en 600lZ \toe.. Cullberhllij County Recarder of DeI!>Js InstrulIent Fil ilu Receiptl 131916 lostr. 199H20671 8/01/1997 13:48:35 Rmrks: JA.'iS 0 ItIGHESILEPARD lIED lIED - WRIT llED - RIT SlA IE OIRLISLE AREA ifIAT!l I1I DDI. ElOH I(EO - AIfI il.ID:A 3989 OltckA 3990 latal Rl!cei ved.... .. . r'~ e...- C\ ~ - ?r 11.5() ,50 il20.00 560.00 560.00 1i.50 12.26:;.00 5.50 t::..263.S(1 - - -~J North Middleton Authority 240 Clearwater Drive Carlisle, P A 17013-1100 717-243-8269 email csaoff@pa..net September 21, 2006 Property Owner: Property Address: .Tax Map Parcel#: Edward Lepard 1180 Newville Road 29-20-1790-011 certified #709932200009 1579 1464 NOTICE TO CONNECT TO NORm MIDDLETON AUTHORITY SEWER SYSTEM i ~ 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" r . 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 1180 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. l -.... ~ ~ ~ - ... $ ~ .,J - "<:;l ~ ~ g . .... ...D d (J r"'~ ~-":. I'-.) <::;) C,;.;) -.,J fi? 3:! f'Tl :T1 r= 7_'']C9 ',J ' ::,j !;;, ;f~~ ;:t'::' .15 -< ~ -'J ::Q I \D -0 :::c f'V f\.:." NORTH MIDDLETON AUTHORITY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MLD - 2007-1909 EDWARD A. LEPARD, Defendant r PRAECIPE LI TO THE PROTHONOTARY: n Please mark the Lien in the above-captioned matter as satisfied and paid in full. MARTSON LAW OFFICES By: FJ %e Hubert X. G/roy, Esquire Solicitor reardorff North Middleton Authority Martson Williams Otto Gilroy & Faller 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 Dated: April 2012 ? I. 5V ?Pa/ /'? 73 3 CERTIFICATE OF SERVICE I, Margaret Ann 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: Salzmann Hughes, PC Attn: Kam Cornman, Paralegal 354 Alexander Spring Road, Suite 100, Carlisle, PA 17015 Scott A. Deittrick, Esquire James Smith Deittrick & Connelly, LLP P. O. Box 650, Hershey, PA 170133 MARTSON LAW OFFICES By Marg t Nash Ten Eat i Street Carlisle, P 17013 (717) 243-3341 Dated: April (©, 2012