HomeMy WebLinkAbout04-3011I-L~PDEN TOWNSIHP SEWER AUTHORITY: IN THE COURT OF COMMON PLEAS OF
Claimant
· VS.
DONALD L. BASEHORE AND
JEAN B. BASEIIORE, TRUSTEES OF THE
D & J LIVING TRUST
Owner
: CUMBERLAND COUNTY, PA
MUNICIPAL LIEN FOR INSTALLATION OF SANITARY SEWER SYSTEM
Hampden Township Sewer Authority of Hampden Township, Cumberland County,
Pennsylvania, by/ts Solicitor, hereby files its claim for the assessment levied in the construction of the
sanitary sewer system, :in Hampden Township, Cumberland County, Pennsylvania, 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 HAMPDEN TOWNSHIP SEWER
AUTHORITY, a municipal authority of Cumberland County, Pennsylvania.
2. The name or names of the owner or owners, or reputed owner or owners, of the property against
which this claim is filed is/are:
DONALD L. BASEHORE AND JEAN B. BASEHORE, TRUSTEES
OF THt; D & J LIVING TRUST
3. A descript/on of the property against which it is filed, is a follows:
ALL that certain tract of ground with the improvements thereon erected situate
in Hampden Township, Cumberhmd County, Pennsylvania, bounded and described as
follows:
Property located in the vicinity of 6050 Creek~iew Road and more specifically described
in Deed Book 169 page 882 less, however, the conveyance of land to Pennsylvarfia
Department of Transportation and the conveyance of 14 acres of land to Thomas D.
Basehore and Sandra K. Basehore. The Iarter parcel is further described as Tax Parcel
No. 10 17-1031-254.
This Municipal Lien is indexed against the remaining parcel of land containing 82 acres
of land more or less and the parcel is further described as Tax Parcel No. I0-17-1031-
001.
4. The authorities under and by virtue of which the assessment was levied and the work was done,
are Municipality Authorities Act of May 2, 1945, P.L. 382, as amended and supplemented; Resolutions
of Hampden Township Sewer Authority, adopted March 3, 1971 and April 20, 1971; and the Ordinance
of Township of Hampden, enacted April 1, 1971. The claims for collection of assessments are based
upon the Act of Assembly approved May 16, 1923, P.L. 207, as amended and supplemented.
5. The kind and character of work done for which the claim is filed is construction of a sanitary
sewer system in Hampden Township, Cumberland County, Pennsylvania, for recovery of part of the cost
of which this claim is made. Hampden Township Sewer Authority Ievied, assessed and charged part of
the cost and expenses of construction upon and against properties benefited, improved and
accommodated thereby, in accordance with the aforesaid Ordinance of the Township of Hampden and
Resolutions of Hampden Township Sewer Authority, by assessment for front foot rule or benefit rule, as
appropriate.
6. All acts, conditions, events and things required to be done under Ordinances of Township of
Hampden, Resolutions of Hampden Township Sewer Authority, and Acts of Assembly of the
Commonwealth of Pennsylvania, have been done and performed in due and legal form, to entitle
Hampden Township Sewer Authority to file a lien for the payment of the assessment for which this claim
is filed.
7. The amount of the levy and assessment for which this claim is filed is Nine Thousand Five
Hundred Thirty-Three Dollars and Twenty-Four Cents ($9,533.24) together with interest thereon at the
rate of six percent (6%) per annum from the date upon which the assessment becomes collectible under
Act 71 of 1976 (53 P.S. 1241-1243) as prov/ded in the Agreement for Final Settlement attached hereto.
8. The Stipulation, dated the ~l day of , 2004, between the parties hereto is
marked as Exhibit "A" and attached hereto.
Hampden Township Sewer Authority
Coyne & Coyne, P.C.
Solicitor
To the Prothonotary:
S/r: Payment of the above claim not having been made, enter the same in the property Municipal Lien
D°cket and in the Judgment and L°cality acc°rding t° lab J
Henry F. Coyne, Es{~u/Se
Coyne & Coyne, P.C.
Solicitor
HAMPDEN TOWNSHIP SEWER AUTHORITY: IN THE COURT OF COMMON PLEAS OF
Authority : CUMBERLAND COUNTY, PA
:
vs. : NO. CIVIL
DONALD BASEHORE AND JEAN B. BASHORE:
TRUSTEES OF THE D & J LIVING TRUST, :
DATED FEBRUARY 6, 1997 :
STIPULATION
The Hampden Township Sewer Authority has its offices located at 230 Sporting Hill
Road, Mechanicsburg, PA 17050 (hereinafter referred to as the "Authority").
Donald R. Basehore and Jean B. Basehore, husband and wife, are adult individuals who
reside at 6050 Creekview Road, Mechanicsburg, PA 17050 (hereinafter referred to as
the "Basehores').
Mark R. Basehore and Esther F. Basehore, husband and wife, by their Deed dated
January 3, 1983, and recorded in the Cumberland County Recorder of Deed's Office in
Deed Book A, Vol. 30,, page 151, granted and conveyed unto Donald R. Basehore and
Jean B. Basehore, his wife the said parcel of land situate in Hampden Tov~ship,
Cumberland County, PA, containing i18 acres and I41 perches, strict measure. The
parcel was further described as Tax Parcel No. 10-17-1031-001.
Donald L. Basehore and Jean B. Basehore, his wife, by their Quit Claim Deed, dated
February 6.1997 and recorded in the Cumberland County Recorder of Deed's Office in
Deed Book 169, page 882 conveyed and quit claimed to Donald L. Bashore and Jean
Basehore, Trustees of the D & J Living Trust, the said 118 acres and 141 perches. The
parcel was further described as Tax Parcel No. 10-17-1031-001.
When the conveyances described in Paragraphs 3 and 4, above, were accomplished the
said parcel was subject to a Municipal Lien indexed against Mark R. Basehore and
Esther F, Basehore, his wife, and docketed to 20,615 MLD. 1978 and an Agreement For
Settlement, dated January 31, 1978 was attached to the said Lien. Both documents are
incorporated herein and attached hereto and marked Exhibit "A" and Exhibit "B."
6. In consideration for the Authority to forego any action for collection of its Municipal
Lien, Basehores agree to permit the Authority to enter a Municipal Lien. The Municipal
Lien will be indexed as:
Hampden Township Sewer Authority
Vs.
Donald R. Basehore and Jean B. Basehore
Trustees of the D & J Living Trustee,
Dated February 6, 1997
7, As additional consideration, the parties hereto agree the terms and conditions contained
in the Original Lien (Exhibit "A") and Agreement for Final Settlement (Exhibit "B"),
both noted above, will not be changed by this revival, except the designation of current
owners of the premises, recited in Paragraph 6, above.
8. This Stipulation is binding upon the parties hereto, their heirs, successors and assigns.
IN WITNESS WHEREOF, we, the undersigned have affixed our signatures hereto this ''~! ~r'
day of (~)r~ ,
2004.
(SEAL)
HAMPDEN TOWNSHIP SEWER AUTHORITY
William J. ~ene, Chair
Jea~i B. Basehore
COMMONWEALTH OF PENNSYLVANIA )
) SS.*
COUNTY OF CUMBERLAND )
On this, the a24~'r- day of ~ , 2004, before, me, a Notary Public,
personally appeared WiLLIAM J. GREENE, Chair, of Hampden Township Sewer Authority, known to
me or satisfactorily proven to be the person whose name is subscribed to the within document and
acknowledged that he executed the same for the purposes therein contained.
VglTNESS, my hand and notarial seal the day and year aforesaid.
(sEAL)
COMMON1VEALTH OF PENNSYLVANIA:
: ss
COUNTY OF CUMBERLAND :
Notarial Seal
Austin F. Gn~g~, Notary Pub c
Camp H/II Boro. C~mb~rland County
My Commi~on lgxpire$ Aug. 6. 2005
On this, the ">/o'~ day of ~ , 2004, before, me, a Notary Public,
personally appeared DONALD L. BASEHORE and JEAN B. BASEHORE, his wife, Trustees of the D &
J Living Trust, known to me or satisfactorily proven to be the persons whose names are subscribed to the
within document and acknowledged that they executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
(SEAL)
Notarial Seal
Austin F. Orogan, Notary Public
~ Hill Boro, Cumberland County
My Conmfisslon Expires Aug. 6. 2005
MemDer, Penns~vania Ae~-iatJon ot Notaries
:ERAUTHOEIIY : '* INTHEC~)UR~oFcOMMON E~S of: CuMBERLAND
MUNICIPAL LIEN FOR INSTALLATION OF SANITARY S~WER SYSTEM
C~mberland C6~n~, Penn~lvaniaj a~ain~ the rea] ~ate hereinafter ~escrlbed, and ~e~ fo~h its
Ba~ehore
~tb~r ~, B~sehore
i ,'~, 3 ~ Adescrption0fthepropertvaganstwhch tisfled sasfo ows
Hampden, enacted April 1, 1971, ~he claims for collection Of a~essmen~ are based upon the Act of Assembly
-:.' 5. On January,~31, 1978, the parties heretb entered into an ~-greemeng
for Final Settlement of [heir cl~ims ~ri~ing out of the construcnzon
of a sanita=y, ae~r ~ystem~ ~ copy of ~ich Agreemen[ is att~cbed
~k'~, ~ hereto a~d.~e',a ~pa~t .here6 f ·'~, ,, ~ . ~ ~'~/.~. ~ ' ~ ..,~ ~t'7 ~'
~,cXx~tj] e.~a.t ~XR fcqgmplet [g_n;:p_f~Ikh_eciE1Rr oy~e_nLe_nt_~t!s'~c_exSJ fjed~clTli~t ~ _e~ .~9 Q~g±i:[~ g::~P'glr~ ee[~ ~ ul/lc~ ~ [IOiQ$..e~ ~-~ Y
6. The kind and character ~¢ Work done for which the claim i~ fi[ed i~ confucian o{ a ~anitar'/sdwer ~y~em
n Hampden Townshia. Cumberland County, Pennsylvania, for the recave~ of aa~ of the cost of which this
claim is made. ~ampden Township Sewer Authority I~ied, ~ses~ed and charg~ pa~ of the ce~ and expenses o~
con~c~i&~ upon and a~i~ pro~ie~ 6~nefited, improved or accommodated thereby, in ac;o~ance wi~h the
aforesaid Ordinance of the TOwnshiP ef HamDden and Re~o[ution~ of Hampden Townsbla Sewer Authority,
All a~, conditions, event~ and thinBs requ~r~ to be done under Ordinance~ ef Township of Hampden. Resolu*
- Notice of a~sessment and the intention to file this lien if noznaid, or if installment payment was ~iected. was
Theamountofthelevy~ndas~essmentforwhichthisclaimisfiJedis$),533,24 together ~th interest
~hereon at the rate of 67, per annum fro~ ~h~/date ~pon which, the assessment
· becomes collectible under Act 71 of'1976 (5~ P.S. 1241-1243) as provided in
the Agreement for Final S~ttleme~t atfachedhereto. ": ~'
HAMPDEN TOWNSHIP SEWER'A~THDRITY~ i
· " ~-" '~"'~ t'%',f'. ~ r'" .... HAMPDENTDWNSHIPSEWE %UTHORITY
LAGRE~ENT FOR FINAL SET'£LE~.LENT
THIS AGP~EMENT, made thzs ,~q,/~'~ .day of ~ o~, ,
called AUTHORITY, and MARK R. BASEHO~E end ESTHER F. B~SE~,
hie wife, hereinafter called O~,~[ER;
of the said construction and installation of the sanitary
sewer line in said right-of-way; and
~'~HEREk$, Authority claims installation of the sanitary
sewer line in said right-of-way and the overall construction
on July 5, 1977,
Owner agrees they are responsible to pay Authority
the sum of Nine Thousand Five Hundred Thirty~%hree
and 64/100 ($9,533.64) Dollars, in full payment of
the benefi.t conferred.on the said property of
Owner by reason of the installation of the said
sanitary sewer line and the overall construction
of the sewer system.
Authority agrees to pay the amount due for the
'acquisition of s~id right-of-way and damages upon
the signature of the Agreement by all the ~arties
hereto.
Owner and Authority agree that the amount due from
the Owner shall be entered as a lien against the
Owner, but shall be subject to the payment provisions
of Act 71, approved ~ay 28/ 1976/ which postpones
the requirement to pay the assessment until such.
time as the use of the land is changed to avail
the la/~downer,of the services provided by the
Ownerland Authority agree that the lien shall not
bear interest until such time as the use of the
land is changed so as to make the assessment
collectible under Act 71.
At such time as the use of the land is chan~ed so
as to make the lien collectible, Owner shall have
the right by written request 'to pay the net amount
due the Authority from Owner in five equal install-
ments as provided in Section ~ of the Resolution
of the Authority adopted April 20, 1974.
7. This provision shall not be construed to excuse or
relieve Owner from either paying his tap-on fee to
connect said sewer, or from paying the charges
established from time to time for the use of said
8. In consideration of the aforesaid payment of tke
Authority to the Owner as described above, the
Owner hereby'releases the Authority, Hampden
~ownship, and all persons acting in behalf of
either with respect to constr~ction and installation
of the said sewer systems fro~ any and all claims
and damages arising out of or associated in any
manner with the said sewer line and the installation
thereof.
IN WITNESS WHEREOF, the parties hereby, have executed
this Agreement. the day and year first above written.
Witness
Witness