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HomeMy WebLinkAbout04-3920HAMPDEN TOWNSHIP SEWER AUTHORITY: IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PA JAMES E. GRANDON, JR. : JEAN GRANDON, : Owners : MUNICIPAL LIEN FOR INSTALLATION OF SANITARY SEWER SYSTEM Hampden Township Sewer Authority of Hampden Township, Cumberland County, Pennsylvania, by its 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, with offices at 230 South Sporting Hill Road, Mechanicsburg, 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: JAMES E. GRANDON, JR. AND JEAN GRANDON 3. A description 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, Cumberland County, Pennsylvania, bounded and described as follows: Property located in the vicinity of Good Hope Road and Sears Run Road and more Specifically described in Deed Book 14-V-267, being the remaining property owned by James E. Grandon, Jr. and Jean Grandon, Said property being devised by Virginia E. Grandon to James E. Grandon, Jr. and then transferred to James E. Grandon, Jr. and Jean Grandon in Deed Book T34, page 346 on August 28, 1990. This Municipal Lien is indexed against the remaining parcel of land containing 37.63 acres of land more or less and the parcel is further described as Tax Parcel No. 10-17- 1035-001. 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 oftbe cost of which this claim is made. Hampden Township Sewer Authority levied, assessed and charged part of the cost and expenses of consh~uction 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 role 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. On April 26, 1977, James E. Grandon and Hampden Township Sewer Authority entered into an Agreement for Final Settlement of their claims arising out of the construction of a sanitary sewer system, a copy of which Agreement is attached hereto as Exhibit "A" and made a part hereof. 8. On July 3, 198 I, James E. Orandon, Jr. and Hampden Township Sewer Authohty entered into an Addendum to Agreement for Final Settlement, a copy of which Addendum is attached hereto as Exhibit "B" and made a part hereof. 9. The amount of the levy and assessment for which this claim is filed is Seventeen Thousand Five Hundred Dollars ($17,500.00) 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 provided in the Agreement for Final Settlement attached hereto. 10. Demand for payment has been made by Hampden Township Sewer Authority and payment has not been made by James E. Orandon, Jr. and Jean Grandon. 11. Title 53 P.S. § 7432 allows a municipality to file a claim at anytime and removes all time limitations on the filing of municipal claims. BY: He~F//~/~]Coyne, E~tuire~/t'~~ Coyne & Coyne, Solicitor 2 To the Prothonotary: Sir: Payment of the above claim not having been made, enter the same iflj~he.~operty Municipal Lien Docket and in the J~dgment and Locality according to la~/~ ~ ~ HenryE Coyne, Estruir~' [ - Coyne & Coyne, P.C. Solicitor ' ~' ~:~ ..... "'~ ~ '~' ['~' AGt~EE:~ENT FOR F~NAL ~ETTI~EPLENT THIS AGREEMENT made this ~ .~day of ~ , 1977, by and baleen H~DEN TO~SH~P SE~R AUTHO~TY. hereinafter called "Authority," and J~S E. G~N, hereinafter called "0%~'er." WZTNESSETK: MHE~, Auth~=i~ has constructed and installed a~ s~ita~' sewer line upon a right-of-way ~rough the property of o~ar as sho%~ on a plan herauo attached as Ey~ibit "A"; ~d W[{E~AS, o~er cla~s d~ages from Authority by reason of ,~sai.d~.cgnstruction and !nstallatioa of the s~fta~ sewer line zn said right-off.ay; and - ~"". ~'~,~-~ b~]E~AS, A~th~rity claims installation of ~e sanita~ sewer line in said right-of-way and the overall construction of W~EREAS, the partiea mutually d~sire ~o compromise and settl~ their rezpective claims; NOW, T~OF~, intoning to be legally bound thareby~ the parties mutually agree as follows: 1. Authority agrees f~ s~ of $9,900 in full pa~ent for ~e acqufsition'of s~id right~. of--~ay and d~a~es ~o ~he property of ~he o~er for ~e construc- tion of the said s'anitn~ s~wer line therein.' 2. OWner agrees he is responsible to 'pay Authority ~he sum of $27,912 in full payment of tee benefit conferred on the said property of owner by reason of the installation of the 3. Authority and owner agree that the $2,900 due from A~thority an~ the $27,912 due from cwner shall be consolidated into a net amoun~ due of $25,012 to Authority from owner. 4. ~ner and Authority agree that the consolidated amount due shall be entered as a lien against owner but shall be subject to the payment provisions of Act 71, approved May 28, 1976, which postpones the requirement to pay the assessment until such tLme as ~he use of the land is. changed to avail the land- owner of the servzces provided by ~he sewer lines. 5. Owner and A~thority agree that'the llen shall not bear inter,et until such t/J~e as"the use o~ the land is chs.nged ' ' so as to make the assessment3.collectible under Act 7.1. ~ 6. At such time as the use cf the land is changed so as ~o make the i/eh collectible, owller shall have the right by wrltten request to ~y the net a~ount due Authority from owner in five equal installments as pkovided in Section 8' of the Resolution cf the Authority adopte&'April 20, 1974. 7. Owner and Authority agree t_hat this agreement shall be ~he only sewer .improvement which shall subject owner to a claim of special benefits so that if t_here is a further exuension ~ '., 3.~ the property of owner,, the~e shall not b~ a claim for additional. benefits to owner's land provided that thi~ provision shall not be construed ~o excuse or relieve dwner from eitham paying his ' tap-on fee to connect said sewer~ or from paying the char~es established f~om time to time for the use of said s~]ttary sawer. 8. In consideration of %~he aforesaid payInant of the releases the Authority, 'Hampden ~o~nship, and all persons acting in behalf of either wi~-h respect to construction ~nd ~nstallation of ~he said sewer syste~ from any and all claims and d~ages arising out of or associated in any manne~ with the said sawer line' and the installation ~reof~ provided that ~is Provision shall not be construed tO release Authority from ~y ~ges whlzh might arise from the. construction of additional sewer lines not shown on E~%ibit "A"' attached hereto. · I~t WITD;ESS WHE~OF, ~e parties hereby have executed this Agreement the day and year first abov~ wUftten. ~ . ~ H~PDER TOV~SKiP SE~R AUTHO~TY~ ./ - - S~oretary - ADDEhIDU~ 'TO AGREEMENT FQ~ FINAL SETTLEMENT TEIS ADDENDU~ to Agreement far Final Settlement, made HA~PDEI~ TOWNSEIP. SEWER AUTHORITY (hereinafter oalled "Autho'rity") and JA/<ES E. GRANDON (hereinafter called "Owner"), deceased, by James E. Gra~don[ Jr., Exe6utor WITHES SETE: WI~P~AS. the parties hereto have previously entered into an Agreement for Einal Settlmenr dated April 26, 1977, a copy of which is attached, hereto and marked as Exhibit and WHEREAS, ss a result of the construction.of an additional ~ewer line through the properly of the Owner for the purpose of providing service t~ the new sewage treatment plant, Owner claims damages fro~f'Anthority by reason of the said construction and install~tioa of t~% additional sanitary sewer line in the r~ght-of-way more specifically set forth in the plan attached hereto ~nd marked as Exhibit "B"; and W~EP~EAS, the ~arties mutually desire uo compromise and settle their respective claims; AND NO~, THEREFOPd¢, iptending to be legally bound thereby, the parties ~utual~y ~ree as follows: 1. Authority agrees-it is responsible to pay the 0w~ner the sum of Seven Thousand ~ive ~ndred Twelve Dellars in full payment for the acguisitiou of'the said right-of-way and damages to the property of Owner for the construction and installation of the said sanitary_ sewer 2. Authority a~rees that the aforesaid payment ~hall be treated as a credit to the Owner, to be deducted from the total sum due in the Agreement dated April 26', 1977, known as Exhibit "A" herein~ which total is Twenty-five Thousand Twelve ($25,012.00~ Dollars, thereby resulting in a net payment due under the Agreement Dated April 26, 1977, in the amount of Seventeen Thousand Five Hundred ($17,500.0U)~ Dollars. 3. Owner~agrees that contemporaneously with the signing of this Addendum, he will authorize the discontinuance and.satisfaction'of the Declaration of Taking filed by the Authority indexed to No. 497 Civil, 1981, in the Court of Common Pleas of Cumberland County, which Declaration of Taking was filed'on February 6, 1981. 4. Owner and Authority further agree that the lien established as a result of the Agreement for Fin'at Settlement dated'April 26, 1977, shall continu% to r~ain in effect in terms of priority, subjec= to the reduotion in net amount due as set forth i~ the within A~reemen~. 5. In consideration of the aforesaid reduction in the -total amoun= of benefit assessmenu due the Authority, the Owner hereby releases the Authority, Hampden Township and alt persons acting on behalf of either with respect to the construction of the within.sub3ec~ sanitary sewer line, from any and all claims ahd damages arising ou~ of or associated in any manner with the said sanitarj sewer line and the installation thereof. IN WITNESS WHEREOF, the parties hereby have executed ~hls Agreement the day and year first above written. ATTES~ Secretary Witness HA/~_PDEN TOWiqSEIP SEWER AUTHORITY E.- Grandon Jr~ In the Court of Common Pleas of Cumberland County, Pennsylvania Prothonotary No. Term, 19 __ vs. PRAECIPE Filed 19 , Atty.