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HomeMy WebLinkAbout12-5376 _ _ i BOROUGH OF IN THE COURT OF COMMON PLEAS OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA Claimant ~3 --i ~s v. NO. ~Z -5376 M.L.D. ~ ~ rn-~.- r ~ James W. Hutchison Jr. & ~ ~ Cynthia G. Hutchison, Defendant MUNICIPAL LIEN c~ 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 estaite 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 se 53P.S. §7143, as amended. ~ Z~, ~ ~~sZq a ~ ~Z _ i 6. A description of the property against which this claim is filed is: 414 South York Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCE NUMBER 20-24-0785-318 7. This claim has not been the subject of any previous claim and judgement 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 eight hundred and nine and 55/100 dollars ($809.55), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is April 1, 2011 to September 30, 2012 on Sewer/ Refuse Account 5618-0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of eight hundred and ninie and 55/100 dollars ($809.55), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG r By: Lisa Ma ' 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 T i 3 s~-- 7Jq Tax Parcel No. ~ - OBI' - ~7 ~S- 3~~ i THIS DIEED Made the ~ day of in the year iwo thousand and four (2004). Between JAMES W. HUTCHISON, JR., also known u JAMES W. HUTCHINSON, JR., and CYNTHIA G. HUTCHISON, also known as CYNTHIA G. HIJTCHINSON, his wife, of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, Grantors, ~ ~ env ~ c. to ww~- to w OD ° o ~ themselves, the same said JAMES W. HUTCHISON, JR. and the same ~ a ° said CYNTHIA G. HUTCHISON, his wife, Grantees. 0 ~ ao o: ITNESSETH, that in consideration of the sum of ONE (S1.00) AOLLAR, in hand Paid, w t~ pt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said rr_ ~ (i~ant~, their heirs and assigns: ~v ALL THAT CERTAIIV piece or parcel of ground situate in the Borough of Mechaaicsbwg, County of Cumberland and Slate of Pennsylvania, bounded and described is accordance with a survey and plan thereof dated March S, 1965, prepared by Ernest J. Walker, Registered Surveyor, to wit: BEGINNING at a point on the western line of South York Street, said point being one hundred sixty-one and nix-tenths (161.6) feet in a southerly direction from the southern line of Coover Street; thence extending along said South York Street, South 11 degrees 30 minutes East, nighty-four (84) feet to a point; thence South 79 degrees 30 minutes Weat, one hundred twenty (120) feet to a point on the eastern line of a twenty (20) foot alley; thence along said alley, North l l degrees 30 minutes West, eighty-four (84) feet to a point; thence North 79 degrees 30 minutes East one hundred twenty (120) feet to a point on the western line of South York Street, aforesaid, at the point and place of BEGINNING. HAVING thereon erected a two and ono-half story brick dwelling house, known and numbered as 414 South York Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES, which Evelyn K. Bleaeley, widow, by her deed dated July 9, 1996 and recorded in the Office of the Recorder of Dads of Cumberland County, Pennsylvania, in Deed Boole 142, page 563, granted and wnveyed to JAMES W. HUTCHINSON, JR and CYNTHIA G. HUTCHINSON, his wife. The said last names being, erroneously spelled in that no "n" should have ban included. THIS GRANT AND CONVEYANCE IS REALTY TRANSFER TAX EXEMPT IN THAT IT IS A TRANSrFER BE1'VN&EPi SPOUSES AND IS FOR THE PURPOSE OF CORRECTING AN ERRONEOUS SPELLING OF THEIR NAMES PER. REG. SECT. 91.193 (b)(~(i)(A). AND, the said Grantors herby covenant and agree that they will warrant specially the property hereby conveyed, s.~ t:op~ of t~?t bo~,~p+~ erne,- aF ae aw+y ~oay, C~ moo. 1 ~oo -p 14 57, 13, ..'IFaaHed htrt~a as sa?ck:b, eooK 264 P~cE3312 I ri innRFRi aNn cnuNTY Inst.# 200432939 -Page 1 of 5 1 i i 1N VYITNESS ~VIi~OF, the wd Orantora have hereunto set their head: snd seal the dry and year Brat abovo written. signed, sealed and delivered in the presence of (SBAL) JA11~8 W. N, JR ~ (S~) also knows as W. Ii[[TI' N, JR i/s7~ . IJTC'RI~ON (SEAL) (,~f'!t~!/1. ~ f/7/.l//Qin~~ (SBAI) also Iowa u . , N COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF C[Jl?+iBERL.AND On this, the ~ ~ day of ~ A.D. 2004, before mq the nadersigoed officer. personally appeared HST $~N,J1t., abo lcaowa ss JAIIIIEs w. HVI'CIHII~i30N, JB., sM CYNTHIA G. RUTC'lElQi40N, abo known a:, CYPi't'l~A G. HUTGHYNSON his wife, known to me, (or satishctorily proves) to be the persons whaee ataaos, are enbsm'bed to the within instrument, and a~vledged that they executed the same for the pnrpoats therein eontaiaad. IN WI IIQESS WHEREOF, I heronnto set my hand and officisl tael. set otary Public c~waa M. werw~gton, Pudic ~ E,gp2~~aos t~Astiber. aNot~es I HER®Y CERTIFY that tha ise residence of the / ~ ~ c~~ l 7d SS Attorney for (~lraaatee Door ~ P'~F33i3 . I'I _ _ _ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA i IN RE: CASE NO. 1-00-01457 JAMES W. HUTCHISON, JR, : CHAPTER 13 Debtor ORDER AND NOW, this day of 2004, the Debtor's Motion to?~ rove Post Petition Secau~ed Fiaaaang (the "Mott came before this Court, notice of the Motion an the hearing thereon having bem due and sufficient is all respects, and for cause shown and is ord to avoid immediate and irreparable harm to the Debtor and its baakrugtcy estate,; it hereby ORDERED and DECREED that: 1. The Motion is granted. 2. The secured f nancing, as described in the Motion, is approved and aut~wriud in th maximum principal amour of S 157,000.00, and an the farms set forth in the Motion. ~'he shall be made by Commerce Bank/Harriaburg, N.A. (the "I,ender"} and shall accaue itite~rest at th rate of 6.5% per annum. Debtor and Lender may execute and deliver such documeutsi, necessary o appropriate to evidence the secured financing. 3. As security for the repayme~ of all such advances plus intere~,. Leb'der hereby granted a first priority mortgage the Debtor's residence located at 414 South "York Str Mechanicsburg, PA (the "Real Property'.'). Lender hereby is authorized to melee aid and all sue filings as it may deem necessary or appropriate to memorialize or otherwise perfect such hen an security interest as aforesaid. 4. The financing set forth above shall be utilized to pay in full the sum o~vved to M& Mortgage Corporation as secured by a first mortgage liras on the Debtor's Real Properky, sad to pa all remaining sums owed to the Chapter I3 Trustee by the Debtor pursuant to his Chapter 13 P T; ~t ~i~lbaes~ot~able after payment of the above sums; each sum shall be psi t°i~q~erland County.PA FILED i~'O JUL 2 8 2004 Recorder of Deeds eooK ~fi4 Fac~33i Clerk, u.s. Bankruptcy Court i fl~~~»n~o w"nz~~~ one CUMBERLAND COUNTY InSt.# 200432939 - P898 3 Of 5 _ _ _ _ . _ S. The first priority mortgage lien granted to the Lender shall be fiYe a~ clear of 1 other liens aad possible claims, inchiding those of M&T Mortgage Corporation, Simple Bridg Associates, Carlisle Kitchen Center and Charles Loose 8c Sons, now known as Stock Lumbe , together with all other liens, claims and encumbrances. BY THE COURT: Ad IrfARY D. Ff~wl,`f~ U. S. Bankruptcy Iudge nom: Rob«t ~ Cb~mioo~ 8+4~~ Ail p.,ims.od ~ustl1.. nwwd mtlr wvia 13.e sjo 2 eoox 264 Pacf3315 8/21/2012 4:03:22 PM CUMBERLAND COUNTY Inst.# 200 32939 -Page 4 of 5 _ _ _ _ i ' ~ srvaes rx ii:a21 RECOR BR'S USE ONIY ox ai RtALTY TRAN~~R SAX CotAMONWEAITH OF PENNSYLVANIA STATEN!!N'r O~ YAWE DEPARTMENT OP REVENUE eURRAU OP INOMOUAI. TAXr% HARRISRUIIG, P2tI-0603 ~ R~V~rRf ~Or ~11l11'I/Cf~0E1~ Q - ~ - b~ Complete each section and file in dupliaots with Recorder of Deeda when ills WE ralw/aotaiderallon snot set forth in deed, {2) the deed is without calsideration, or by gift, or 3) a tax exemption is doinwd. A Stalesellt of Yahle a not required B the transfed is whdly exam t from tax based on: ~1) faenilX re{otiondliP or rl~ Public utility eaam~tt. If Rsore tlpap is needed, attar adtMlioapl sheei~j. Tr+ -COU.r~+~l -A~>`;- SerNU. Awe red. ~ ~ ~I ~ ~ ~ ~ 1 C~esfrn,a,f e~ ~ m ~t t1~ l~ ~f ?a ~ ~ C . ~ trNf rns ress P ?~ec~l 1'~- ~ tie ~ Sheet , ~trr ~e c-F M~chan tc.sb L, ounty DisMd auc arp dt1- 5 --3~ ~ i . Ague ration 4. unty Assessed Va us 5. Common Rotio factor 6. Fair Ma V 10. nrt empRon nNrat . 2. Cheek Appropriate Ewx below for Exemptiea Ckitaed ? Will or intestate wccsssion (Nonr ) pant q~ Nu ? Transfer to Industriol I~velopmsnt Agenty. ? Transfer to a truat. )Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principol and agent. {Attach wmplets copy of agenrylstraw party agreement.) ? Transbrs to the Commonwealth, the United States and Instrumerdalities by gift, dedieertion, condemnation or in lieu of co lion. {if condemnation or in lieu of condemnation, attach copy of solution.) ?,/Transfer from mortgagor to a holder of a mortgage in defauN. Mortgage Book Number ,Page Number L~J Corrective or confirmatory deed. (Anoch complete Dopy of the prior deed being corrected w co:rf'irmed.) ? Statutory corporate consolidation, merger or division. (Aitaeh copy of amides.) ? Other {Please explain exemption daimod, if other than listed above.) Under porultlee a~F law, l deelan that I hwe exastnlned lhht SteNtssestf, indsNirsR aeenwpasryYsR Mfannotienr and ti tllte `eel of srsy eeid Irellefr k is hw, eeneet and eensplete. w eoox 264 Pac~3316 ~ i ~ ~ ~ ~ C~.r~- FAILLE TO COM?LETE THIS FORM IrItOPERLY OR ATTACH ArFLIG1RLE DOCUMENTATION MAY RESULT IN TH!¢ RECORDiR'f EFUSAL TO RECORD THE DEED. _ -.___._.__._~-------._.._....._~~_..._..w. 8/21!2012 4:03:22 PM CUMBERLAND COUNTY Inst.# 200 32939 -Page 5 of 5 _ _