HomeMy WebLinkAbout12-5373 _ _ _ i
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BOROUGH OF IN THE COURT OF COMMON PLEAS OF
MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA
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Claimant
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Jayson Hammond & Lori Zipay,
Defendant MUNICIPAL LIEN r
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MUNICIPAL LIEN FOR SEWER/WATER RATES
NOW COMES the Borough of Mechanicsburg Cumberland County,
Pennsylvania, by its attorney Lisa Marie Coyne, Esquire, and files the within claim
for charges assessed with respect to sewer and /or refuse rates against above
named owner or owners and against the hereinafter described real estate as
follows:
STATEMENT OF CLAIM
1. This claim is filed by the Borough of Mechanicsburg, a borough organized
and existing in accordance with the laws of the Commonwealth of
Pennsylvania.
2. The owner or reputed owner of the property, or party or parties
responsible or liable, for which this claim is filed is the Defendant(s).
3. The authority under which the sewer and/or refuse rates were changed
and assessed is the Act of July 18, 1935, P.L. 1286, Section 1, 53 P.S. § 2231,
as amended.
4. Plaintiff has made demands for payment for services; however,
Defendant(s) have not made payments for the services provided.
5. The authority under which this claim is filed is the Act of May 16, 1923
P.L. 207, Section 9, et seq., 53P.S. §7143, as amended. ~`o?~ ~
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6. A description of the property against which this claim is filed is:
523 East Simpson Street
Borough of Mechanicsburg
Cumberland County
Pennsylvania 17055
TAX PARCE NUMBER 17-23-0563-022
7. This claim has not been the subject of any previous claim and judgment
in the Court of Common Pleas of Cumberland County for sewer and/or
refuse charges.
8. The total amount of the charges for which this claim is filed is
six hundred and eighty four and 15/100 dollars ($684.15), plus costs and
reasonable attorney's fees.
9. The time period for which these charges are filed is July 1, 2011 to
September 30, 2012 on Sewer/Refuse Account 2297-0.
WHEREFORE, Claimant requests that a Municipal Lien be entered' in its
favor and against the Defendant in the amount of six hundred and eighty four an
15/100 dollars ($684.15), plus cost and reasonable attorney's fees.
BOROUGH OF MECHANICSBURG
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Lisa Mar oyne, Esquire
Solicitor for the Borough of Mechanicsburg
PA Supreme Court ID No. 53788
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011
(717)737-0464
Dated: August 21, 2012
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Tax Parcel i
THIS INDENTURE
MADE TIIE day of t in the year of our Lord one thousand nine
hundred and ninety-t~999)•
BETWEEN BETTY L. ANDERSON, Arhrdttisuatdu D.B.N.C.T.A. of the Esxate of
ZELDA J. HAMMOND, lam of the Borough of bkcJwde:burg
t'~rmberland. Conmwtrwealth of Pennrylvaaia 17063, and the said B L.
ANDERSON, as the attorney-in-fact for DOROTHY J. KARNS, conditional life
tenant, of the same place, flratrtor
AND '
JAYSON B. HAMMOND, single rrmr, and LORI ?2PAY, aiagk woman, both
currently of Ditlsbrrrg, County of York, Comrrrotrwaalth of Peruuylvania, flrantees,
to hold as joint tenants with right of survivorship and not as tetrants m common.
WI3&REAS, the said Zelda J. Hammard was vested in her lifetime with dtk to the gremiaes
hereinafter dearxibed, in the Borough of Mechaniaburg, County of C~rmberland and
Commonwealth of Pennsylvania; and
WFIERBP.S, the said Zelda J. Ilamnrotrd died, tdtate, on the 11th day of April, 197ti and
Letters Testatmruary wero duly issued by the Register of Wills in and for Cumberland Carrmy,
Pennsylvania to Craig L. Hammond and Dorothy J. Karns as Co-Bxecutors and docketed to No.
21-7ti-231.
WHEREAS, the said Craig L. Hammond departed this earthly life on the 28th day of
' March, 1979; and
WIlEREAS, the said Dorothy J. Kama then remained as the sole surviving executrix; and
WHEREAS, the said Dorothy Kerns was not desirous of continuing as executrix; and
WFIHRF.AS, the said Zelda J. Hammond was anrvivad by four (4) of the five (5) chOdren as
named in her acid last wID and testament, to wit: CraiY L. Hanmrorrd, Dorothy Kama, Julia M.
peters, and Betty L. Anderson, the said Lois E. Wentz, having predaxased her on the 12th day of
August, 1974; and
WFIERBAS, tiro said Dorothy E. Karns and the said Julia M. Peters. surviving rJaldren,
have signed and filed naturrciatians of their eight to adudaister the estate of tiro said Zelda J.
Hammond as will trrore fnllY ss~~pppeeaarr at large in the fife dackemd to No. 21-76-231 in the Register
of Wills Office in acrd for Cumberland County, Pennsylvania; and
WI~REAS, the said Register of Willa, on the 18th day of August, 1999, duly issued
Letters of Administration D.B.N.C.T.A. to the said Betty L. Anderson; and
WIlEREAS, the lands were oot specifically devised; and
WFIEREAS, the said last will and testament provides in pertinent part as follows:
"3.
I hereby grant to my daughter, Dorothy J. Karns. the exclusive tight and at
her sole discretia~n, to occupy ttry house and lot of and u 523 East Simpson
Street, Madtanicaburg, Pennsylvania, so long as she desires to stay and to use the
same as her personal residence
4.
Should ray daughter, Dorotby J. Karns, desire, during trey lifetime, to vacate
my property st 523 East Simpson Street, Mechanicsburg. Pennsylvania, and make
her home elsewtrere, then in such event, I direct my Executors hereinafter Warned, to
se11 said property at either public or private sale.
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After my acid property has been sold as directed above, then in such evert[, i
direct that coy proceeds derived therefrom be paid out and distributed in the
following manner. to wit:
A. I give and bequatfr the sum of 52,134.16 to my daughter, Dorothy
J. Karns, which is repayment to her of monies expended by heron my home during
my lifetime.
B. I give and bequeath all thereat, residue and remainder of my estate to
my children, ahan and share alike."
WIiBREAS, the said co-axecutora opted to pay ell inlteritance axes ~ the ittitial seukntent.
as rose fully appear at large in acid da.kat no. 21-7tr231 and as 'ualteCtf"tr
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y set forth in Tax
Docket Book o. 9, page X45 line 3, wherdrt the Pemsylvanla Revetnte accepted
the amount tendered as paymart In fbll; and
WHEREAS, the said Dorothy J. Kama has dclerrrtirred to vae~e the said properly without
any intention of return; and
WHEREAS, the raid Dorothy J. Karns has, by a DURABLE GBNERAL POWER OF
ATTORNEY, dared the 11th day of Jwte,1999, appointed rho acid Betty L. Anderson her trtre and
lawful Attorney-in-Fact witlt full w trartact any sad cep botitreea in the name of the said
Dorothy J. Karns ss fhouglt she, the acid Dorothy J. Kama. wero acting: and
WFI&REAS, the said POWER OF ATTORNEY, which was recorded is the Ot1''ice of the
Recorder of Deeds in and for Cumberland County, Penasytvanla on the 10th day of August, 1999
in Misccilaneoua Record Book 621 at page 799, also rttae specifically provides In pertinent part:
'THIS POWER includes, but is not limited to, the following:
7. To lease, sell, release, convey, extinguish, ar mortgage any interest in
~ ProP~Y on such terms as tray be deemed advisable; and to manage. repair,
improve, maintain, rrstore, build, ar develop such property.
9. To execute, deliver, and acktrowkdge deeds, deeds of trust,
reverser, indentures, agramema, ntoRgages, hypotiteatiotr, bills of lading, bills,
bonds, notes, receipts, evideaxis ar debts, rekeaes, and satisfactions of mortgages,
judgment, ground rents, and other debts;"
NOW, THEREFORE, THIS 1NDBNTURE WTfNBSSETH, that the said Betty L.
Anderson, Administratrix D.BN.C.T.A, a aforesaid, for and in considetsttion of the sum of
Seventy-Eight Thousand and NoJ100 (578,1X10.00) Dollars and otirer good and vahteble
considerations, to her in hand paid by the acid Jayaoa B. Hammond and Lori Ztpay at and before
the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, has red.
bb~~qa~tred, rod, aliened, taletued, artd confnmed, sad by tFtess preamtts, b vhdte of the parer
and
aut~ioriry in her voted by the Fidtmiarla Aet of the CannnatweNdt of Ivania, doss gtutt.
bargain. sett, alien, release, and confirm onto the said Jayaon B. Hammond ~Y. ~ 1~
tenants with the right of survivorship, and not as tenants in common, their heirs and assigns,
ALL THAT CBRTAIN piece ar psttxl of lend situate in the Borough of
Mechanicsburg, GLmbedsr?d Canty, Peons Ivanis, sad designated and known as
lots numbemd ate hundred and twenty-ate ~ 21) and one hrmdred and twenty-two
(122) in a certain Plan of Lon called College Park atrrveyed for the Pennsylvania
Land Co by A. B. Rupp, Civil Bngirteer, which is duly filed arr~tg the
records in the Office of the C~er1t of Courts and Recorder for Cumberland County
aforesaid, in Deed Book "S", Volume 5, Page 600.
BEING the same premises which Ruth I. Johnson, widow, by her decd dated April
6,19ti4, and recorded in the Reotxder's Office in std far said Gunberlurd County
in Deed Book "B", Votutro 21, Page 80, granted and conveyed unto Zelda J.
Hammond, widow.
TO HAVE AND TO HOLD the aid ntesattage ar tertranerrt and tract of land, hereditament
and premises hereby gtrttaed and teibaaed, ar mentioned and irttaded ao to be, with the
apputienancea, unto the:aid Grantees, as joint tartsnr with tight of stttvivorship and not as tenants
in common, their heirs and assigns, to and for the only proper use and lzhoof of rite said Grantees,
their heirs and assigns, forever.
AND THE SAID GRANTOR, Adminiatatrix D.H.N.C.T.A. as sfoteaid, her lairs,
executors and administrators, does covenant, promise and agree to and with the Grantees, their heirs
80011 2j,,~ FA6ii~.ifj
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errd asai;na, by tiute pcrsaents, fhwt the Grantor bas not done, oammitted anY aa. tnetoa or thing
whatsoever w dte ~rsrnitw he>mby gratNed. ~ anY Pact thetnof, is, are, shall or rtmy be
impeached, dt~or eexarmbeted in title, or otherwise howsoever.
The acid Dorothy J. Karns, by and ttuottsh her attoraey-in-fact, the Laid Batty L Anderson,
joins herein to relinquish and release any sod ali tiS6ta, tidy aed btateat that she has m and to the
premises as a tarant under the lama of the atoraaid last vvBl Gad setarrreot. Acrwrdingly, she
makes rw warranty of 8de and does not join in the w~mty heroin pmvidtd
1N W17NBSS wllL'+RSOP, the said Adrniniattatrix D.B.N.C.T.A. of the Estate of Zelda J.
Hammord, and Attorney-Io-Fact for Domtity J. Kama, t3tantor herein, hsa hereunto set her hand
and seal the day end year fhat above written.
witnessed by:
BBTT L. AtrDBRS . Adminiatratrix
D.B.N.C.T.A. of the Eante of Zelda
J.IHa~m~mond~ ']J
DOROTHY J. KARNS b her Auomey-in-
~v Fact.. Betty L. Ande>son o+a.~l.dr-f~
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BETTY L. tSON to Attorney-in•Fact
for Dorothy J. Karns
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF +a-Y~ SS:
on this, the a.~,g aay of f~t e.~m b.t~ . A.D., 1999, ber«,e rra, a
Notary Public, in and for Laid Cowty and Stale, the t~foa, paa y appeared
BETTY L. ANDERSON, as Mminiwatrix D.B.N.C.T.A, of &tale of Zelda
J, I Hammond,
known to tae (or aatiafatxotily proven) to be the ptxson dttaaibod in dle faetdg~trs i+mcumeat, and
acknowledged the she exea>ted the same in the capacity there stated and for the putpous therein
contained.
IN WTINESS WHEREOF, I hereunto set my hand and official seal. 1 , ~
Puble Notary PubU -7-'
s. Dean ~
p~gaa„!°t°6prea t7,moor ,.a~~•• i
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COMMONWBALTHOFPBNNSYLVANIA ) • .
COUNTY OF yp/~ SS:
On this. the ~ day of lJ~P~r~,fjd~„ A.D„ 1999. before me, a
Noottaarryy Public, in sad for uid Courtly and Stale, the undenignod offices, personally
BETTY L. ANDERSON as Attorney-fa-F~ct forpordhy J. Kaer, known to aro (or sl~i
proven) to be the person described in the forogning fneartrnent, and acknowedged that sha exceut~
the sartx in the capacity therola stated and for tha purposes therein contained.
IN WITNESS WHEREOF, I hereunto sU my hand and official seal.
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S. t>•wn petCa~~p„~gq
ehho~net~mla01Otieprae~aultY,IIOOt NotaryPuWi
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CERTIFICATE OF R$9IDENCE
I do hereby ceRify that the prrxiu and exact post office address of the within Grantees is:
5Z3 s,...~, s9.~..7f: Meet Pa. !?ass,
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Att for Oranttxs
Stale of PenneytvanA tt
CaunrydCambertendJ 86
~•;cau~d fn tlw office for the reeordinp of Deads •
ut 'n end for
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p~lberyand Count , P .
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wFtness my hand el of ofiles
Carlide, f''1 this ruy o7 ~ 19~~
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iR/99/9f119 3.5R•3R PM CI IMRFRI ANfI C(~1IN7Y Inct 8 1Q9 57QR _ Pnnc d of d
U,ac- `rHE PROTI ON01AF{`i
COYNE &COYNE, P.C.
Lisa Marie Coyne, Esq. 2013 MAY 16 AM If: 4
PA Supreme Court ID No. 53788UEILI�i��C� � � .�.
3901 Market Street PENNSYLVANIA
Hill, PA 17011-4227
(717) 737-0464
Fax: (717) 737-5161 Solicitor for Borough of Mechanicsburg
BOROUGH OF IN THE COURT OF COMMON PLEAS
MECHANICSBURG, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Claimant
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NO. 12-5373 M.L.D. ,
Jayson Hammond and
Lori Zipay, � `
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Defendant MUNICIPAL LIEN i" Z7,i�.
PRAECIPE FOR ENTRY OF SATISFACTION
TO THE PROTHONOTARY:
Please enter satisfaction in the above captioned Lien on payment of Prothonotary's
costs.
BOROUGH OF MECHANCISBURG
By:
Visa arie Coyne, Es ire
upreme Court ID No. 53788
Coyne & Coyne, P.C.
.2901 Market Street
Camp Hill, PA 17011
(717) 737-0464
Date: May 10, 2013 Solicitor for the Borough of Mechanicsburg
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