HomeMy WebLinkAbout10-0938Hubert X. Gilroy, Esquire
I.D. No. 29943
`OF THE P?T'HOaNJTAW
Christopher E. Rice, Esquire
-4 AM 9: 28
I.D. No. 90916 ZOIQ FEB
MARTSON DEARDORFF WILLIAMS OTTO GILROY & F
MARTSON LAW OFFICES
10 East High Street PE?dNSYLVA, AA
Carlisle, PA1 17013 IC 19. v 6 Pd a 7
(717) 243-3341 G?C# all SS
Attorneys for Plaintiff
NORTH MIDDLETON AUTHORITY
Plaintiff
V.
ALAN DAVIS, II, and KRISTI L. DAVIS,
Defendants
214a37-'10d
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:2010 - 9X MLD
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 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 are Alan G. Davis, II, and Kristi L. Davis, 29 Prickly Pear Drive, Carlisle, PA
17013.
3
A description of the property against which this Lien is filed is attached hereto and marked as
Exhibit "A" with an address of 29 Prickly Pear Drive, 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 sewer user fees against the above-described property in the amount of
$446.62, plus any additional fees incurred thereafter.
6
Interest is claimed on the above-mentioned fees until paid in full.
C)VA1114)
TO THE PROTHONOTARY
Sir:
NORTH MIDDLETON AUTHORITY
By: 6?4 A4
Hubert X. Gilroy, Esq re
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: z ? /_?> 04 A)
Hubert X. ilroy, Esq ,%e
Christopher E. Rice, E uire
Solicitor for North Middleton Authority
Martson Law Offices
10 East High Street, Carlisle, PA 17013
Qi/1(111a (717) 243-3341
FAFILES\Clients\12336 NNW 12336.1.GeneraMiens 2010\Placed\Davis 29 Prickly Pear Drive
EXHIBIT "A"
PARCEL NO. Part of 29-06-oo2t-0D4
Mooq 1,? v DEED
MADE THE /S* day of 14prll in the year of our Lord Two Thousand
Three (2003).
BETWEEN DON E. BACKENSTOW, married man, of Cumberland County, :r
Pennsylvania, hereinafter referred to as:
-o t7t y i.7
Grantor, U1 rn
v
and ALAN G. DAVIS, Ii and KRISTI L. DAVIS, husband and wife, of Cumberla o o "-`
County, Pennsylvania, hereinafter referred to as:
W rn
+ M,
Grantees, ca
NTNESSETH, that in consideration of Sixty-Nine Thousand Nine Hundred and 00/100
Dollars ($69,900.00) in hand paid, the receipt whereof is hereby acknowledged, the
said Grantor does hereby grant and convey to the said Grantees, their heirs and
assigns:
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland
County, Pennsylvania, being more fully bounded and described according to a Final
Subdivision Plan for Phase i of Hillcrest Farms West,
Associates, Inc., being recorded in the Office of the Recprepared by R.J. Fisher &
orders of Deeds in and or
Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows:
BEGINNING at a point along the southern side of a 50 foot wide right-of-way known as
Prickly Pear Drive; thence from said point along the dividing line between Lots Nos. 36
and 37 of the hereinafter mentioned subdivision plan, South 02 degrees 18 minutes 19
seconds West, a distance of 218.92 feet to a point; thence continuing along the dividing
line between Lots Nos. 36 and 37, South 88 degrees 54 minutes 40 seconds East, a
distance of 161.80 feet to a point along the dividing line between Lots Nos. 36 and 38
of the hereinafter mentioned subdivision plan; thence continuing along said dividing
line, South 15 degrees 47 minutes 18 seconds East,
distance point; thence continuing along said dividing line, South 21 degrees 47 m nuttes 05
seconds East, a distance of 295.06 feet to a point along line of lands now or formerly of
Stephen W. Browere and Susan D. Rose; thence continuing along line of said lands
now or formerly of Browere and Rose, South 34 degrees 18 minutes 34 seconds West,
a distance of 718.54 feet to a point along the 'C'dn'odoguinet Creek; thence continuing
along said Conodoguinet Creek, North 30 degrees 31 minutes 21 seconds West, a
distance of 179.77 feet to a point; thence North 19 degrees 15 minutes 24 seconds
West, a distance of 116.11 feet to a point along the dividing line between Lots Nos. 36
and 43 of the hereinafter mentioned subdivision plan; thence continuing along said
dividing line, North 45 degree 38 minutes 50 seconds East,
to a point along the eastern side of an existing a distance of 329.81 feet
Road; thence continuing along said dividing in°e'and West Slate Hill Roads, North 8rll
mox 256 PArrPSM
A
degrees 54 minutes 05 seconds West, a distance of 240.00 feet to a point; thence
continuing along line of lands now or formerly of L. Sanford Alwine and Lois J. Alwine,
North 28 degrees 54 minutes 05 seconds West, a distance of 125.00 feet to a point;
thence continuing along the dividing line between Lots Nos. 36 of 44 of the hereinafter
mentioned subdivision plan, North 28 degrees 54 minutes 05 seconds West, a distance
of 100.00 feet to a point along line of lands now or formerly of Donald L. Ward; thence
continuing along line of lands now or formerly of Donald L. Ward, North 28 degrees 54
minutes 05 seconds West, a distance of 300,00 feet to a point; thence continuing along
line of lands now or formerly of John A. and Helen T. Ward, North 46 degrees 49
minutes 23 seconds East, a distance of 31.98 feet to a point;
line between Lots Nos. 35 and 36 of the hereinafter mentioned thence along subdivision the
rNorth
65 degrees 58 minutes 50 seconds East, a distance of 134.64 feet to a point; thence
continuing along said dividing line, North 20 degrees 23 minutes 55 seconds East, a
distance of 215.30 feet to a point along the southern side of Prickly Pear Drive (50 foot
wide right-of-way) by a curve to the left having a radius of 285.00 feet, an arc length of
90.00 feet, a chord bearing of South 78 degrees 38 minutes 53 seconds East and
chord length of 89.63 feet to a point along the southern side of said Prickly Pear Drive,
being the point and place of BEGINNING.
CONTAINING 9.53 acres.
BEING Lot No. 36 of the Final Subdivision Plan for Phase I of Hillcrest Farms West,
dated February 20, 2002 and being recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania in Plan Book 86, page 57.
UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements and rights of way
as recorded in Plan Book 86, Page 57.
UNDER AND SUBJECT to the Cactus Conservation Easement as recorded in Plan
Book 86, Page 57.
UNDER AND SUBJECT to the Declaration of Covenants, Reservations and
Restrictions as recorded in Misc. Book 693, Page 333.
UNDER AND SUBJECT to a 20 foot drainage easement as recorded in Plan Book 86,
Page 57.
UNDER AND SUBJECT to a private access easement known as West Slate Hill Road
as referenced on the Final Subdivision Plan for Phase I of Hillcrest Farms West as
recorded in Plan Book 86, Page 57.
BEING a portion of the same premises which J. Paul Burkhart, Ii and Kristin J.
Burkhart, by Deed dated July 23, 2001 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 2799,
granted and conveyed unto Don E. Backenstow, Grantor herein. Anne R. Backenstow
hereby joins in to convey her marital rights and interest.
F60K 256 wr280
.
AND the said Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the
day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
F3??
DON E. ACKENSTOW (seal)
CIS ?
Rnn {-- K. &,r-b" gTqzo-3 • (seal)
ANNE R. BACKENSTOW
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF CUMBERLAND SS.
On this, the L.day of -? r 2003, before me, the
undersigned officer, personally appeared Don E. Backenstow and Anne R. Backenstow
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.
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CERTIFICATE OF RESIDENCE
I hereby certify that the precise residence and complete post office
address of the within Grantees is
yon C
C'?'[i rsc? r°.? i ?o
2003.
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Attorney for ntees
O BRIEN, BARK d SCHERER
17 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
600 256 ?"r=7811
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:
Mr. and Mrs. Alan G. Davis, R
29 Prickly Pear Drive
Carlisle, PA 17013
MARTSON LAW OFFICES
BY L&O 1 I OU?
Nf4 )I Price
Ten E t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: (41111
Hubert X. Gilroy, Esquire FILED-OFFICE
I.D. No. 29943 OF THE PROTHONOTARY
Christopher E. Rice, Esquire
I.D. No. 90916 2011 JAN 25 PM 3: 10
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
CUMBERLAND COUNTY
MARTSON LAW OFFICES PENNSYLVANIA
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NORTH MIDDLETON AUTHORITY : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : 2010 - 938 MLD
ALAN DAVIS, II, and KRISTI L. DAVIS,
Defendants
PRAECIPE
To the Prothonotary:
Please mark the above captioned Lien as satisfied and paid in full.
NORTH MIDDLETON AUTHORITY
By:
Hubert X. Gilroy *Esquire
Christopher E. Rice, Esquire
Martson Law Offices
Solicitor for North Middleton Authority
10 East High Street
Carlisle, PA 17013
Date: (717) 243-3341
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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 Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. and Mrs. Alan G. Davis, II
29 Prickly Pear Drive
Carlisle, PA 17013
MARTSON LAW OFFICES
B
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Maly Price
Ten E 9t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: / 9-j/I