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HomeMy WebLinkAbout02-0419CARLISLE SUBURBAN AUTHORITY Plaintiff V DANIEL F. ENO and CHRISTINA M. MILLER, Defendants 0 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MUNICIPAL LIEN FOR SEWER AND WATER SERVICES Carlisle Suburban Authority, North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania by its solicitor, Broujos & Giiroy, P.C., hereby files its claim for water and/or 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 Carlisle Suburban Authority, a municipal authority of the Commonwealth of Pennsylvania, located in the County of Cumberland and organized pursuant to ordinances of North Middleton Township. The name or names of owner or owners or reputed owner or owners, of the property against which this claim is filed are Daniel F. Eno and Christina M. Miller. A description of the property against which it is filed is attached hereto and marked Exhibit 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/sewer user fees against the above described property in the amount of $714.85. 6 Interest is claimed on the above-mentioned amount from January 21, 2002. CARLISLE SUBURBAN AUTHORITY By: ~~~ ~Io~ib{ ~ rX. Gilroy, ~uire TO THE PROTHONOTARY Dear Sir: Payment of the above claim having not been made, please enter same in proper tax and municipal lien docket and upon judgment and locality entities, according to law. CARLISLE SUBURBAN AUTHORITY: Hubert X. Gi~/~squire VlNVA'IASNN~]d '9'10[;'i 06 Parcel No.: 29-18~i371-019 THIS INDENTURE MADE TIlE 29th day nf October in d,e year of our Lord one thoasand nine ha,dred ai,ety- BETWEEN Dale F. Stitzel, Jr., E,v,~cutor of the Last Will and Testament of Dolores K. Howell, also known ns Dolores K. Koons, Deceaaed, late of Middlesex Township, Cumberland County, Peansylvanin, ~ Timothy. ~vans. Spen~ and Jill Colleen Spence. bu.nband and wife, by and tlux~gh their Attomey-m-vact, wayne ~-. Shade, hereinafter referred to aa the Grantors, A ND Daniel F. Eno and Christina M. Miller, single persons, of Cumberland County, Pennsylvania. hereinafter rcfctn'~d to as the Grantee$, WItEREAS, Dolores K. Howell, also known as Dolores K. Kooaa. died on April 2. 1996. seized in fee of the hereinafter described real estate; WHEREAS, by her ! a~t Will and Testament dated August i 6, 1995, provided in paa aa follows: I hereby nominate, constitute and appoint my son. Dale F. Stitzel, Jr., as Executor of this my Last Will and Testament...and I further direct that none of them shall he required to post any b?nd t.o secure !he .fait. hf.u.I..pcrformancc of his duties in thc Commonwealth of Pennsylvama or m any ortner junsmcuon. WIIEREAS, Lettm Test .amentaty in the Estate of Dolores K~. Ho. well, .a!?.o..,kn.ow~n ~al.; F Dolores K. Koon~ Deecased were issued by thc Cumberland County Keg~ster ot wins to ua . Stltzel, Jr. on April 26, 1996, without the requirement that any bond be posted by it, which Letterx Testamentary remain in full fo~e and effect; WIIEREAS, Section 3351 of the Probate, Estates and Fiduciaries Code (20 Pa.C.S.A. §3351 ) gives a personal representative the power to sell at public or private sale any real property not sl'~"cifically devi.ncd; nnd WItEREAS, the bercinnfter de.~crihed real property was not specifically devised. NO W THIS INDENTHRE WITNESSETH. tlmt the ~aid Gramo~ co:~idemti~thes~m~of Seventy-Seven Thousand Five Hundred and 00/100 ($77,~00.00) Dollars lm~d ntoney of the ~nited States. to ~m b~ ~t~ ~id by the saM G~nt~ ~ ~ ~fore the sealing ~d deli~r he~o~ t~ receipt wl~of ~ hereby ac~towledged ha~ gr~t~ ~ained. sold, aliened. ~le~ ~ c~nne~ at~ ~ Htese present, do gmat. ~rgain s~ ~ ~le~e a~ ~nfinn ~tto the sam fi~t~, t~ir ~ and ~sig~ ~ joint tenants ~th ~ fight of au~ivo~hip ~d not ~ ten~ in common. ALL THOSE TWO CERTAIN tracts of land situate in North Middleton Township. Cumlx:rland Courtly. Pennsylvania. bounded and described in accordance with Plan of Green Meadows as ~corded in the Office of the Recorder of Deeds of Cumhedand County. Pennsylvania. in Plan Book 3. Page 110. as follows: BEGINNING at a point on the Southern line of a 16 feet wide driveway now known as Channel Drive al the dividing line between Lots Nos. 12 and 13; thence westwardly along thc southern linc of the 16 feet wide driveway now known as Channel Drive, a distance of 100 feet Io a point at the dividing line between Lots Nos. 14 and 15; thence along said dividing line between Lots Nos. 14 az~d 15, southwardly at a right angle to Channel Drive. a distance of 100 feet to a point at the dividing line hetween Lots Nos. 12 and 13; thence along said dividing line between said Lots Nos. 12 and 13. northwardly a distance of 100 feet to a poinl on the sootltern line of 16 feet wide Clmnnel Drive at Ihe Place of BECiINNING. TRACT NO. 1 above-descrihed is composed of all of Lots Nos. 13 and 14 as shown said Platt of Gre. en Meadows recorded in Plan Book 3, Page 110 as aforesaid, on:which there is erected a dwelling house with mailing address of 79 Channel Drive. Carlisle. P~nnsylvania 17013. TRACI' NO. 2: ALL THAT CERTAIN tract of land located on the island across from Tract No. I ahovc-d -~cribed lying Ix:tween tim channel of thc creek and Coaodoguinct Creck proper, which tract of land contains 100 feet frontage along !bo channel side, 100 feet along the creek side and cxtends approximately 150 feet on the western boundary line and approximately 150 feet on the eastern boundary line. TRACT NO. 2 abovc-descrihed is all of thc island across lite channel of tile Conodoguinet Creek from said Lots Nos. 13 and 14. TRACT NO. 2 abovc-dcscdbed is conveyed together with the right of uninterrupted ingress and regress to Ihe channel of the creek and Io the Conodoguinet Creek itself. TRACTS NOS. I and 2 tu= conveyed subject to thc restrictions set forth on and attached to said Plan of Green Meadows recorded in Plan Book 3, Page 110. BEING the same premL~,es which Amelia Sharp, by deed dated Man:il 28, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. at Carlisle. Pennsylvania. in Deed Book "A". Volume 35, Page 354. granted and conveyed unto Dolores K. Keens, one of the Grantors herein. Being further the same premises Which the said Dolores K. Keens. by an Instalhncnt Agreement of Sale dated November ! 0, 1992 and recorded Novemher 10, 1992 in ~h,~_ aforesaid Recorder's Office in Miscellaneous Record Book 431. Page 4. agreed Io sell to the said Timothy Evans Spence and Jill Colleen Spence. husband and wife, the remaining Grantors herein. - TOGI~TilER: with ali attd singular, ways. waters, water-cmtr~e.v, rights.'liberties. ' privilege& hercditatnent$ attd appurtenmtces whatsoever tl~reunto belonghtg, or in attywise oppertah~g, attd the reversions attd rentainders. rents, t:~,;.~ and pro. fi? there?f;~. -anti-also a. ll the estate, right, title, htterest, use. tntst, p?.perty, possess.on, claim atto aemana wuat$oever, m law. equity or otherwise howsoever, nj. tn. to or out os me same: TO HA VE AND TO HOLD. the said hereditament$ atut pret~dse$ bereb~ granted ttttd released, or mentlmted attd httended so to be. with the appurtenances, unto the said. Grantees. their hdn and assigns, forever.. AND the said Grantors do covettattt, prmnise and agree, to uttd witlt the said Grantcea that the ~aid Grantors have not done. conunitted, or knowingly or willingly suffered to be done or committed, any act. matter or thing whatsoever whereby the premises he,by I~ranted. or arty part thereof., i& are. shall or may be intpeacbed, charged or encumbered, in title, cttarge, estate, or otherwise howsoever.. WITNESS the due execution hereof the day. ntonth arid year first above written. WITNESS: Timo~y Evans Six:ncc Wayne Fx~Shade, Attorney-in-Fact Jill Colleen Spenee ~a~no~. Shade, ^ttorney-inTFact (SEAL) Estate of Dolores K. Howell. also knowa as Dolores K. Koons . By: Dale~~~ (SEAL) State of Pennsylvania Cmmty of Cunlbedand On this. the ~-'~ ~ day of October. 1997. before me. the undersigned officer, personally appeared Dala F: Stltzel. Jr.. Executor of the EState of Dolores K. Howell. also known Dolores K, Koona. Iotown to ate(or satirfactorily proveu) to be the person whose name is executed the same for the tul~cribed to the within htstmment, and acknowledged that he { _u4~~~,~ lntrtn~es therein cotttained. . . IN WITNESS WHEREOF, I heretm~o set my hand attd o~07cial seal. I ~,l~l~. S~at ~ CU~II.A~ COUl(IV.