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HomeMy WebLinkAbout99-03708MIDDLESEX TOWNSHIP MUNICIPAL IN THE COURT OF COMMON PLEAS OF AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Claimant MLD TERM 1999 VS. )Qg WAYNE P. KELLER and JOAN NO. 79_ 3 E. KELLER, MUNICIPAL LIEN DOCKET Defendants MUNICIPAL CLAIM AND NOW, comes the Claimant, Middlesex Township Municipal Authority, by the Chairman of the Board of the Middlesex Township Municipal Authority, and files this claim against owners Wayne P. Keller and Joan E. Keller, and all that certain tract of land with improvements situate in the Township of Middlesex known and numbered as 99 Wolf's Bridge Road (Carlisle, PA 17013), being the same premises which Defendants acquired from Russell L. Morrison by deed dated October 13, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "C", Volume 28, Page 192. This claim is based in part upon the authority of the Claimant pursuant to the duly enacted Ordinances Nos. 8-81 and 84-8 for the Township of Middlesex. The claim is based upon required tapping and connection fees and court costs owned to the Claimant as evidenced by the Judgment Note dated June 14 , 1999 in the principal amount of $11,423.42 plus interest at the rate of 4.5% per annum from June 14 , LAW 0INCE9 1999, said Note being filed at No. 99-3669 Civil Term in the Court SNELBAKER. BRENNEMAN a SPARE Iof Common Pleas of Cumberland County, Pennsylvania. A true and correct copy of said Judgment Note is attached hereto as Exhibit "A" and is incorporated herein by reference. MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY By_? a'' ??rl John P. Kohler, Chairman "W OFFICES SNELBAKER. BRENNEMAN & SPARE JUDGMENT NOTE 711, q/ 9' 3669 oz w4, -7;.- AND NOW, this lV4 day of June, 1999, FOR VALUE RECEIVED, this Judgment Note is made by and between the undersigned, WAYNE P. KELLER and JOAN E, KELLER, (hereinafter referred to as "Obligors") and MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, a municipal corporation (hereinafter referred to as "Obligee") Obligors, and their executors, administrators, successors and assigns are held and firmly bound unto Obligee, and its successors and assigns, and obligors do hereby promise to pay to the order of obligee, without defalcation, the principal sum of Eleven Thousand Four Hundred Twenty-Three and forty-two/100 ($11,423.42) Dollars, together with interest on the entire unpaid principal at the rate four and one-half percentum (4.5%) per annum, from the date hereof. Said payments shall be made in lawful money of the Unites States of America. The principal sum and interest aforesaid shall be paid in sixty (60) monthly installments in the amounts shown on the Amortization Schedule attached hereto marked "Exhibit All and incorporated herein by reference thereto, the first of said installments to be due and payable one (1) calendar month from the date hereof and all subsequent installments shall be due and payable on the same numerical date of each and every month thereafter for 59 consecutive months. This Judgment Note may be prepaid, in whole or in part, without penalty and without the accrual of additional interest on the prepaid principal after the date of prepayment, but all prepayments shall be applied to any installments then outstanding in the inverse order of their maturity. Protest and notice of dishonor are hereby waived. If at any time default shall occur in the payment of principal or interest as set forth in this Judgment Note, for the space of ten (10) calendar days after payment thereof shall have been due, then the entire unpaid principal and accrued interest shall become due and payable immediately without notice. With or without default hereunder, obligors authorize and empower Obligees attorney-at-law or the prothonotary of any court of record of Pennsylvania, or elsewhere, to appear for and to confess judgment against Obligors, and in favor of Obligee, for the entire unpaid principal and accrued interest, together LAw11M«: with all charges and costs thereof, and together with accrued SNii NAKEF. interest after declaration filed, and together with attorney:: BRENNE11AN fees of five percent (5%) of the entire unpaid principal, and &tWARL enter judgment without process against Obligors, with or without: declaration, and Obligors hereby release all errors in any ::uch proceedings and waive all rights of objection, exception and appeal, and pursuant to and upon such judgment and upon their default of their obligations hereunder, obligors hereby authoriac EXHIBIT A and consent to immediate execution of any property, real, personal or mixed, wheresoever situated, hereby voluntarily condemning the same, and no bill in equity, petition or other proceeding shall be filed or interfere in any manner with the operation of such judgment or execution thereupon, hereby ratifying and confirming all that said attorney-at-law or prothonotary may do by virtue hereof, and waiving and releasing all rights and benefits of appraisement, and inquisition of real estate, stays of execution and exemption laws of any jurisdiction now in force or hereafter enacted. obligors further authorize that any such judgment taken against them may be cross-filed as a municipal lien in the municipal lien docket of the county in which judgment is entered. Obligors represent, certify and warrant that they have read and reviewed the contents of this Judgment Note, that they understand the provisions hereof, that they are aware and understand that the Judgment Note authorizes the confession and entry of a judgment against them for the entire unpaid principal, together with interest at the rate of four and one-half percent (4.5%) per annum, charges, costs and attorney's fees of five percent (5%), and that they have signed this Judgment Note voluntarily and with the intent to be bound legally hereby. It is understood that Obligee will enforce the forgoing attorney's fees only in the event of Obligors' default and Obligee's issuance of execution process. This Judgment Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The assignment or transfer of this Judgment Note shall be binding upon and inure to the benefit of the successors, assigns, transferees, personal representatives, executors, administrators and heirs of obligors and obligee, respectively. IN WITNESS WHEREOF, Obligors have signed and sealed this Judgment Note the day and year first written above. WITNESS: (SEAL) Wayne P. Keller (SEAL) Joan E. Keller EAW .FrIcl! SNIT RAKER, SRI NNEMA^ & !;PARK EXHIBIT A COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) On this `i day of June, 1999, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared WAYNE P. KELLER and JOAN E. KELLER, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. / • /'% i Notary Punic Notarial Seal Carolyn E. Sweger. Notary Public Middlesex Twp. Cumberland County My Commission expires Jung 19.2000 Member. Pennsylvania Association of Nolaries Lnw on ¢c. SNELOAKER. ORENNI.MnN & SreRr. EXHIBIT A CERTIFICATE OF RESIDENCE I hereby certify, based upon the information and belief, that the business addresses of the parties hereto are as follows: Middlesex Township Municipal Authority 350 North Middlesex Road Carlisle, PA 17013 Wayne P. Keller Joan E. Keller 99 Wolf's Bridge Road Carlisle, PA 17013 SNELB , B N N & SPARE, P.C. By R ar . Snelbaker 4-4 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Middlesex Township Authority LAW OFFICES SNEI MAKER. BRENNEMAN & SPARE EXHIBIT A EXHIBIT A AMORTIZATION SCHEDULE Middlesex Township Municipal Authority Payment Schedule Wayne P. & Joan E. Keller 99 Waif's Bridge Road Fee Breakdown Water Tapping Fee $ 5,894.21 Sewer Tapping Fee $ 4,752.87 Water Connection Fee: $ 200.00 Sewer Connection Fee: $ 210.00 Customer Facility Fee: $ 218,74 Permit Fee: $ 50.00 Docket & Sheriff Cost's: $ 97.60 $11,423.42 Annual Interest Rate 4.50% Monthly Interest Factor 0.00375 Payment # Payment Amount Interest Balance Beginning Balance $11,423.42 1 $200 .00 $ 42.84 $11,266.26 2 $200 .00 $ 42.25 $11,108.51 3 $200 .00 $ 41.66 $10,950.16 4 $200 .00 $ 41.06 $10,791.23 5 $200 .00 $ 40.47 $10,631.69 6 $200 .00 $ 39.87 $10,471.56 7 $200 .00 $ 39.27 $10,310.83 8 $200 .00 $ 38.67 $10,149.50 9 $200 .00 $ 38.06 $9,987.56 10 $200 .00 $ 37.45 $9,825.01 11 $200 .00 $ 36.84 $9,661.85 12 $200 .00 $ 36.23 $9,498.09 13 $200 .00 $ 35.62 $9,333.70 14 $200 .00 $ 35.00 $9,168.71 15 $200 .00 $ 34.38 $9,003.09 16 $200 .00 $ 33.76 $8,836.85 17 $200 .00 $ 33.14 $8,669.99 18 $200 .00 $ 32.51 $8,502.50 19 $200 .00 $ 31.88 $8,334.38 20 $200 .00 $ 31.25 $8,165.64 21 $200. 00 $ 30.62 $7,996.26 22 $200. 00 $ 29.99 $7,826.25 23 $200. 00 $ 29.35 $7,655.59 24 $200. 00 $ 28.71 $7,484.30 25 $200. 00 $ 28.07 $7,312.37 26 $200. 00 $ 27.42 $7,139.79 27 $200. 00 $ 26.77 $6,966.56 28 $200. 00 $ 26.12 $6,792.69 29 $200. 00 $ 25.47 $6,618.16 30 $200. 00 $ 24.82 $6,442.98 C£Iil:;[T .1 EXHIBIT A Payment# PaymentAmount Interest Balance 31 $200.00 $ 24.16 $6,267.14 32 $200.00 $ 23.50 $6,090.64 33 $200.00 $ 22.84 $5,913.48 34 $200.00 $ 22.18 $5,735.66 35 $200.00 $ 21.51 $5,557.17 36 $200.00 $ 20.84 $5,378.01 37 $200.00 $ 20.17 $5,198.17 38 $200.00 $ 19.49 $5,017.67 39 $200.00 $ 18.82 $4,836.48 40 $200.00 $ 18.14 $4,654.62 41 $200.00 $ 17.45 $4,472.07 42 $200.00 $ 16.77 $4,288.84 43 $200.00 $ 16.08 $4,104.93 44 $200.00 $ 15.39 $3,920.32 45 $200.00 $ 14.70 $3,735.02 46 $200.00 $ 14.01 $3,549.03 47 $200.00 $ 13.31 $3,362.34 48 $200.00 $ 12.61 $3,174.95 49 $200.00 $ 11.91 $2,986.85 50 $200.00 $ 11.20 $2,798.05 51 $200.00 $ 10.49 $2,608.55 52 $200.00 $ 9.78 $2,418.33 53 $200.00 $ 9.07 $2,227.40 54 $200.00 $ 8.35 $2,035.75 55 $200.00 $ 7.63 $1,843.38 56 $200.00 $ 6.91 $1,650.30 57 $200.00 $ 6.19 $1,456.48 58 $200.00 $ 5.46 $1,261.95 59 $200.00 $ 4.73 $1,066.68 60 $200.00 $ 4.00 870.68 EXHIBIT 'y'{?;LT .` A n 4 %IJ i ' rrn ?' o, CJ MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Claimant V. AYNE P. KELLER and )AN E. KELLER, Owners TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-3708 MLD v MUNICIPAL LIEN DOCKET Xrr' PRAECIPE ?r ?'? CJ z wr 2 f..7 C?] N 17% x• Please withdraw the appearance of Richard C. Snelbaker as Solicitor for Middlesex 'ownship Municipal Authority in the above action. April 26, 2011 244-a?? Richard C. nelbaker, Esquire Please enter the appearance of Keith O. Brenneman as Solicitor for Middlesex Cwnship Municipal Authority in the above action. April 26, 2011 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. Solicitor, Middlesex Township Municipal Authority ? rte; "S: -n LAW OFFICES SNELBAKER & BRENNEMAN, P.C. "'A2011 APR 26 AN 11: 42 CUMBERLAND OoU?,4p,, PENNSYLVANIA DLESEX TOWNSHIP 41CIPAL AUTHORITY, Claimant V. WAYNE P. KELLER and JOAN E. KELLER, Owners TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-3708 MLD MUNICIPAL LIEN DOCKET PRAECIPE Please mark the municipal claim entered in the above action satisfied upon your docket and indexes. April 26, 2011 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. Solicitor, Middlesex Township Municipal Authority -rze' py . a6 LAW OFFICES /?"J SNELSAKER 8C 0 BRENNEMAN, F.C.