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Home My WebLink About07-7431iOUTH MIDDLETON TOWNSHIP ?IUNICIPAL AUTHORITY, Sys ?,s,,/f b,Claimant, VS. ZY L. LESHER A L. LESHER Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 617-711,,31 MLD MUNICIPAL LIEN DOCKET MUNICIPAL CLAIM AND NOW, comes the Claimant, South Middleton Township Municipal Authority, by Chairman of the Board of the South Middleton Township Municipal Authority, which files following claim: 1. The claim is filed against Barry L. Lesher and Linda L. Lesher, husband and wife, (hereinafter "Owner") and all that certain tact of land including improvements thereon, by them and described as follows: 88 Bonnybrook Road , r / p/4 17013 South Middleton Township, Cumberland County, Pennsylvania Tax Property Map No: 24-0752 Parcel No: 021 Assessment District: 40 the same premises as described in deed dated September 8, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book , Volume 35, Page 414, (hereinafter called "Premises") LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 2. The claim is in the amount of $11,520.97 plus interest due and owing for sewer and water tapping and connection fees, construction costs, etc., all as more fully explained in Dwners' Acknowledgement of and Promise to Pay Municipal Obligations, a true copy of which attached hereto, resulting from Owners' failure to connect the Premises to Claimant's sewer and water systems, for which sum, with interest and costs a lien is claimed the Premises in accordance with the Municipalities Authorities Act of 1945, May 2, 945, P.L. 382, 53 P.S. § 301, et sec,., as amended and the Municipal Claims and Tax Liens Act, y 16, 1923, P.L. 207, 53 P.S. § 7101, et seq., as amended, and in accordance with the Order of attached to and made a part of Owners' Acknowledgement of and Promise to Pay Obligation. 3. The enforcement proceedings docketed in this Court to No. 06-5967 Civil Term incorporated herein by reference thereto. SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY: By: -ti.- /. /1?0? Terry T. Rickert, Chairman South Middleton Township Municipal Authority : December /a , 2007 -2- LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. MMONWEALTH OF PENNSYLVANIA ) . SS. UNTY OF CUMBERLAND 1 TERRY T. RICKERT, being duly sworn according to law deposes and says that he is the of the Board of South Middleton Township Municipal Authority, the claimant in this and that the facts set forth in the foregoing claim are true and correct to the best of his , information and belief. Terry T. Rickert worn to and subscribed before me >.is 11A day of December, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L MahA Notary Public Med rg B=. CW badand CW* My Cornrrission E*ires Nov. 24, 2M I Member, Pennsylvania Assodallon of Nolades -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ACKNOWLEDGEMENT OF AND PROMISE TO PAY MUNICIPAL OBLIGATION WHEREAS, South Middleton Township Municipal Authority ("SMTMA") is the owner and operator of municipal sanitary sewerage and water systems in South Middleton Township, Cumberland County, Pennsylvania; and WHEREAS, Barry L. Lesher and Linda L. Lesher, husband and wife ("Leshers") are the owners of residential real estate known and numbered as 88 Bonnybrook Road in South Middleton Township, Cumberland County, Pennsylvania ("the Real Estate"); and WHEREAS, SMTMA installed water and sewer mains in Bonnybrook Road along the Real Estate and gave notice to Leshers to connect the improvements on the Real Estate to the water and sewer mains in accordance with applicable SMTMA Rules and South Middleton Township Ordinance No. 4-14-72-A; and WHEREAS, Leshers failed to make said connections; and WHEREAS, SMTMA initiated an enforcement action against Leshers in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 06-5967 Civil Term which concluded with an Order of said Court dated April 24, 2007, a true copy of which is attached hereto as "Exhibit A:' and WHEREAS, Leshers failed to make the water and sewer connections as ordered, whereupon SMTMA effected said connections; and WHEREAS, the financial obligations arising from the enforcement proceeding and as authorized by the above mentioned Order of Court are in the principal amount of $11,520.97; and WHEREAS, SMTMA and Leshers have negotiated an agreement whereby the Leshers shall pay said obligation in monthly installments with interest at the rate of six per centum (6% per annum in accordance with certain terms and conditions as documented hereinbelow; and WHEREAS, Leshers understand that their obligation hereunder shall constitute the basis of a municipal lien against the Real Estate as well as create individual/personal obligations to SMTMA; NOW, THEREFORE, in consideration of these presents and intending to be legally bound hereby, Leshers promise, covenant and agree as follows: 1. Leshers promise, covenant and agree to pay to SMTMA the principal amount of Eleven Thousand Five Hundred Twenty and 97/100 ($11,520.97) Dollars in five (5) years from the date hereof together with interest from November 12, 2007, at the rate of six per centum (6%) per annum in the following installments: A. Fifty-nine (59) monthly installments each in the amount of Two Hundred and No/100 ($200.00) Dollars, to be paid at the office of SMTMA on the twelfth day of each calendar month commencing on December 12, 2007; and B. One (1) final installment equal to the full unpaid balance of the principal amount plus all unpaid and accrued interest. Each such monthly installment shall be applied first to the unpaid and accrued interest and the balance shall be applied on account of the principal sum. If Leshers should fail, refuse or neglect to pay any installment when due, SMTMA shall have the right without notice to declare Leshers in default, accelerate all installments to be then due and payable, and proceed to recover the full unpaid balance of the principal amount plus interest and the costs of the action. 2 2. Leshers agree that this Acknowledgement of and Promise to Pay Municipal Obligation shall constitute the basis for a municipal claim and lien to be filed against them and the Real Estate. IN WITNESS WHEREOF, Leshers have hereunto set their hands and seals this 2r, 74 day of November, 2007. WITNESSED BY: cfi , (SEAL) B L er Inn V (SEAL) Linda L. Lesher COMMONWEALTH OF PENNSYLVANIA COUNTY : SS. OF CUMBERLAND) On this, the P?& -tr' day of November, 2007, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Barry L. Lesher and Linda L. Lesher, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pu 1 c TMn. NoWdSed Susan L MahazL N *jy Ptft MWhank Xq 8oro, Car *Wb W Court * Commission E Nov. 24,2M Membw. Pane snla A*Uda "d panjM 3 MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF PAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No: 06-5967 CIVIL TERM VS. ?RRY L. LESHER and LINDA ; LESHER, CIVIL ACTION - EQUITY Defendants ORDER OF COURT tL AND NOW, this day of April, 2007, upon consideration of the pleadings filed in is action and after hearing held on April 24, 2007, attended by Defendant R t n l o, it is ordered and decreed as follows: 1. Defendants are enjoined to, within 0 days of the date of entry of this Order, LAW OFFICES SNELSAKER & 3RENNEMAN, RC. )nnect their residence at 88 Bonnybrook Road in South Middleton Township, Cumberland ounty, Pennsylvania, to the Plaintiffs municipal water and sanitary sewer systems and to cease id refrain from discharging sewage into the on-site sewage disposal facilities at said location id to obtain the required permits therefor and pay the tapping and connection fees to Plaintiff, in compliance with Plaintiffs rules, regulations and specifications governing said 2. If Defendants should fail, neglect or refuse to make the connections required as ided above, Plaintiff is authorized and empowered to make said connections at Defendants' pense in accordance with Article V, Section 5.01 of South Middleton Township Ordinance No. 14-72-A. Plaintiff shall give oral notice to Defendants within twenty-four (24) hours before EXHIBIT A ing the Defendants' property for the purposes of (a) inspecting the proposed work and (b) ing the connections. 3. In addition to the payments required pursuant to the aforesaid Ordinance, is shall pay Plaintiff's tapping and connection fees and the costs of this action. If shall fail, neglect or refuse to pay said fees and costs, the same may be added to and part of the municipal lien authorized by §5.01 of said Ordinance. By the Court, Nk- J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Test.iniinyt I... 19?)d the seal of said Phis c 2Y..- day 2 3 s F t unto set my hand ourfi at Carlisle, Pa. of... 4-J- .....I 7 Prothonota VV71TUTrV A r,-l c. _ l -n W ~j . k SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY, Claimant VS. BARRY L. LESHER LINDA L. LESHER, Owners PRAECIPE TO SATISFY AND CANCEL CLAIM TO: Prothonotary of Cumberland County All obligations of the Owners having been paid and performed, please mark the docket in this matter as settled and satisfied. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7431 MLD MUNICIPAL LIEN DOCKET SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By chard . Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 (Solicitor/Attorney for Claimant) Dated: March 2010 1 0 O T) T) o -) J k hJ