HomeMy WebLinkAbout12-5376 _ _ i
BOROUGH OF IN THE COURT OF COMMON PLEAS OF
MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
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v. NO. ~Z -5376 M.L.D. ~ ~ rn-~.-
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James W. Hutchison Jr. &
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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~, ~
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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
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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
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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,
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° o ~ themselves, the same said JAMES W. HUTCHISON, JR. and the same
~ a ° said CYNTHIA G. HUTCHISON, his wife, Grantees.
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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:
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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
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ri innRFRi aNn cnuNTY Inst.# 200432939 -Page 1 of 5
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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
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(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
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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
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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
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eoox 264 Pacf3315
8/21/2012 4:03:22 PM CUMBERLAND COUNTY Inst.# 200 32939 -Page 4 of 5
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' ~ srvaes rx ii:a21 RECOR BR'S USE ONIY
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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 ~ ~ ~ ~
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FAILLE TO COM?LETE THIS FORM IrItOPERLY OR ATTACH ArFLIG1RLE DOCUMENTATION MAY RESULT IN TH!¢ RECORDiR'f EFUSAL
TO RECORD THE DEED.
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8/21!2012 4:03:22 PM CUMBERLAND COUNTY Inst.# 200 32939 -Page 5 of 5
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