HomeMy WebLinkAbout09-5547a i
Hubert X. Gilroy, Esquire
I.D. No. 29943
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NORTH MIDDLETON AUTHORITY
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAUPHIN OIL COMPANY,
Defendant
: MLD - Ss-1-7 - 2009
MUNICIPAL LIEN FOR WATER AND 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 sewer services against the real estate hereinafter described and sets forth its claim as
follows:
STATEMENT OF CLAIM
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 Dauphin Oil Company, P.O. Box 600, Carlisle, PA 17013.
A description of the property against which this Lien is filed is attached hereto and marked as
Exhibit "A" with an address of 815 Newville Road, Carlisle, PA 17013.
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 for unpaid water and sewer user fees against the above-described property in the
amount of $429.34, plus any additional fees incurred thereafter.
6
Interest is claimed on the above-mentioned fees until paid in full.
8/)o1a9
TO THE PROTHONOTARY
Dear Sir:
NORTH MIDDLETON AUTHORITY
By: O"'o " A, /' S 2-,
Hubert X. Gilroy, Esquire
Christopher E. Rice, Esquire
Solicitor for North Middleton Authority
Martson Law Offices
10 East High Street, Carlisle, PA 17013
(717) 243-3341
Since payment of the above claim has 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: 0JV___4'W !r
Hubert X. Gilroy, Esquire
Christopher E. Rice, Esquire
Solicitor for North Middleton Authority
Martson Law Offices
)10 East High Street, Carlisle, PA 17013
8"1 1009 (717) 243-3341
FAFILEMChents\12336 NMA\12336.1.Genera19 iem 2009\Liens Placed0auphin Ofl.NewvMe Road
EXHIBIT "A"
10
FAFaX"ATAF1LE\0.a1 EaUro\5771.20.ExchoW.agog deed .. .
Ja FtE3 1 fin 10 17
Parcel No. Af- 0?0 - i 7` 4f -033
DEED
MADE THE 10' day of June, 2005.
BETWEEN BROUJOS AND GILROY, P.C., a Pennsylvania professional corporation as Trustee
and Exchange Accommodation Party for Dauphin Oil, hereinafter referred to as:
Grantor,
and DAUPHIN OIL COMPANY, INC, a Pennsylvania Corporation, of Carlisle, Cumberland
County, Pennsyvania, hereinafter referred to as:
Grantee,
In consideration of ONE AND 00/100 ($1.00) DOLLAR, the receipt whereof is hereby
acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and assigns:
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of
Newville Road (SR 641) in the Township of North Middleton, Cumberland County,
Pennsylvania; being known as Lot 2 on the Final Subdivision Plan for Carlisle
Developers, Inc., recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 88, Page 125, bounded and
described as follows, to wit:
BEGINNING at a point in Newville Road (SR 641) at lands now or formerly of
Athanasios and Penny Petsinis; thence by said lands, North 13 degrees 33 minutes
45 seconds East a distance of 303.39 feet to a point at the dividing line of Lot 1 and
Lot 2 of the above referenced subdivision plan; thence by said dividing line, South
85 degrees 08 minutes 26 seconds East a distance of 453.27 feet to a point at lands
now or formerly of Jeffrey S. and Mary B. Austin; thence by said lands, South 07
degrees 43 minutes 45 seconds West a distance of 270.30 feet to a point in Newville
Road (SR 641); thence through said Newville Road, South 86 degrees 09 minutes 57
seconds West a distance of 243.54 feet to a point; thence by same, North 83 degrees
31 minutes 55 seconds West a distance of 245.00 feet to a point, the place of
BEGINNING.
Boor, 272 rrc,r4u78
10
BEING the same premises which Carlisle Developers, LLC, a Pennsylvania limited
liability company, by its Deed dated April 22, 2004, and recorded in Cumberland
County, Pennsylvania Deed Book 262, Page 3540, granted and conveyed unto
Broujos & Gilroy, P.C., a Pennsylvania professional corporation as Trustee and
Exchange Accommodation Party for Dauphin Oil, Inc.
TOGETHER with any and all of Grantor's right, title and interest in and to Cemetery Alley
which was abandoned by Ordinance.
AND the said Grantor hereby covenants and agrees that it will warrant specially the property
hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
COMMONWEALTH OF PENNSYLVANIA
SS. OF On this theA ! day of lal-c- , 2005, before me the undersigned officer, personally
appeared HUBERT X. GILROY, who acknowledged that he is an officer of Broujos and Gilroy,
P.C.., and that he as such officer being authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
l (SEAL)
Notary Public
MICrO? L NORAIIY rJKX
BOOK 272 PnF-4579
- T_ -
Broujos and Gilroy, P.C..
At ...
I hereby certify that the precise residence and complete post office address of the within
Grantee is ?)S Ak?vdle 8,.4A,,
Attorney for Grantee
iwirarland O mtv Rocorder of Nods
Instrument Filing
MARTSON DEARDORFF WILLIAMS & OTTO
MR 0
bMIMATION • ADVIa - ADVOCAa
ATTORNEYS & COUNSELLORS AT LAW
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
C ert;iy tai )'; . ro;;ordcif
In Cunlberla Coulity PA
Recorder o Deeds
Receiptl 592622
Instril2006-OW46 2/01/2006 10:21:15
Remarks: DAWHIN OIL CO IK
DEED 12.50
DEED - WRIT .50
DEED - RTT STATE 3000.00
CARLISLE AREA 1504.00
NORTH iHIDDLETON 1500.00
DEED - A/H 11.50
J.C.S. / A.T.J. 10.00
M IMPROVEW FND 2.00
REC. IWRViIT FINN 3.00
Check# 141 14,534.50
Check# 140 $1,500.00
Total Received....... 16,039.50
b-dk 272 paC4580
J
REV-183 Ex Itt-cal REOORDER'8 USE ONLY
AD REALTY TRANSFER TAX state Tax Pald -
COMMONwEALTti of PENNSYLVANIA STATEMENT OF VALUE Book Number DEPARTMENT OF REVENUE Poe Number
BUREAU OF NIDIVIDUAL TAXES
PO BOX 280603 See Reverse for Instructions Date Recorded
HARRISBURG PA 17128-otlo3 a•, . p(p
Complete each section and file In duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the
deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from
tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A. CORRESPONDENT - All inquiries may be directed to the following person: _
Name Telephone Number.
No V. Otto III, Esquire (717) 243-3341
Street Address I City State Zip Code
10 E. High Street Carisle PA 17013
B. TRANSFER DATA Date of Acce nce of Document
Grantor(s)/Lessor(s) Grantee(syLessee(s)
Broujos & Gilroy, P.C. Dauphin Oil Company
Street Address Street Address
4 North Hanover Street 815 Newville Road
City State Zlp Code City Stata Zip Code
Carlisle PA 17013 Carlisle PA 17013
C. PROPERTY LOCATION
Street Address City. Township, Borough
815 Newville Road Carlisle, North Middleton Township
County School District Tax Parcel Number))
Cumberland Carlisle School District 29-20-17943
D. VALUATION DATA
1. Actual Cash Consideration 2. Other Consideration 3. Total Conskisretion
300,000.00 +0.00 = 300,000.00
4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value
X
Ia. Amount of Exemption Claimed 1b. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
? Transfer to Industrial Development Agency. (Name of Decedent) (Estate File Number)
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu
of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed, if other than listed above.)
Under penalties of law, I declare that I have examined this Statement, Including accompanying Information, and to the best
of my Mkowledge and belief, it is true, correct and complete.
//3/ /z o 0&
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RkSULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
RIO 272 FAA98i
CJ
101 A DltD -Shell femme
B7)K e 2O I A(E 11.02 ta.as,al•e 3.1.6 Co., ?h11.aLlphl., p..
J
Dade the day of in, the year
Xineteen hundred and Sixty-one.
33t1wttn ALETA M. SOWERS, Widow, of Carlisle R. D. N5, South Middleton
Township, Cumberland County, Pennsylvania, party of the first part,
Grantor
DAUPHIN OIL COMPANY, a corporation with its principal place of business in
CarlisJe, Cumberland County, Pennsylvania, party of the second part,
ry? Grantee
ilifIC90011, that in consideration of Fifteen Hundred ($1500. 00)
Dollars, i
in, hand paid, the receipt whereof is herebyacknowled¢ed, the said Grantor do es
hereby grant and convey to the said Grantee , its heirs and assigns,
ALL that certain tract of land situate in North Middleton Township, Cumber-
land County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the southern side of Route 641 leading from Carlisle
to Newville, which point is at line of other land of the Dauphin Oil Company;
thence by the land of Dauphin Oil Company , South 4 degrees 58 minutes East,
90 feet to a point at line of land of the Pennsylvania Railroad; thence by said
land South 84 degrees 18 minutes West 100 feet to a point at line of other land of
Aleta M. Sowers; thence by said land North 4 degrees 58 minutes West, 90 feet,
more or less, to a point on the southern line of said public road; thence by the
southern line of said public road South 83 degrees 47 minutes East, 100 feet to
a point, the Place of P,eginning.
BEING a part of the same tract of land which Minerva L. Leidigh Purdy's
heirs by deed dated May 6, 1933, and recorded in the office of the Recorder of
Deeds in and for Cumberland County in Deed Book "K", Vol. 11, Page 27,
granted and conveyed to Aleta M. Sowers.
Srhocl Dist, Cumh. Co. Pa.
1%a 3,a1 Es late iransler Tax I ^ a f I"t'., ?'1•-?` ?/ ??
T
RJU
HE M.
U11111b.-U0. M L. Col. All.
UU.
Attb the said (lrantor 11711 Warrant generally tire property hereby conveyed.
Zn Dillites3 TIllercof, thesoid Grantor ha s hereunto set her hand
(md seal - the dull and +lear/lrst above written..
,Sifinrd, Seeded rind Of-livered
in the presence of
? Q 7
XC??-a%•.?f '1 (1 "rte
i
u Oall lltollttltafill of ?Jralttskluattia
so.
Q:ostltlk of Cumberland
rott '
On this, the
A 1 _ day o/ rn" 1961, be/ore me
the undersigned officer, personally appeared
Aleta M. Sowers, Widow
knopj`y me (or s(itis/actorily proven) to be the person whose name is subscribed to the within
iN's)rfemr?f^,?md acknowledged that she executed the same for the purpose therein contained.
?; •.' 11V JF'ltl•jk S WHEREOF, 1 have hereto set my hand and official seal.
? • r^
s
:Y 'l %1 ;•,F Notary PgAIC,CartlsMhx?.llsmberti?dG.
,L'•?c?? r' ?,? -py CM., M. UP r it t96S
t.?y r tu
lee tt4T!(CtrFifit that th.e prerisr (iddress of 1It r rait tee herein, is
1n..., A,
J
.
a . ?.
a F K ?x ??
v o
A ?
Totaaasloalu+tnlllt of ?icunRkluslnin
?tl'oltutk of } ??.
??ttardtd it: tlrr O/tier /'or Rri•ordimi of /)errls in and for
rv r n F n' t of n„ in !)red' !look do Xo. ..2o
H1 H 0 u[tu, I'rtCir'
?i'1Et1tRS n+.q hood and seal of Of)ire this /1 7 IN
daft of .9t+no I)ontini 1!l?i/
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Lien was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Dauphin Oil Company
P.O. Box 600
Carlisle, PA 17013
MARTSON LAW OFFICES
By / , Q'4e '
M Price
Ten E t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: '?< l 0 0 7
C%
2 0 C q AUS, 10 r, i , 9. 14
:TY
P# Of y77