HomeMy WebLinkAbout13-1758 BOROUGH OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS. OF
Claimant CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. M.L.D.
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Dayne S. Miller and
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Susan L. Miller, �+
Defendant MUNICIPAL LIEN p
MUNICIPAL LIEN FOR SEWER /WATER RATES Q
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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. f 4 c 2 l: OOeva j
6. A description of the property against which this claim is filed is:
101 North Arch Street
Borough of Mechanicsburg
Cumberland County
Pennsylvania 17055
TAX PARCEL NUMBER 18 -23- 0565 -013
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
one thousand fifteen dollars and ninty five cents ($1015.95), plus costs
and reasonable attorney's fees.
9. The time period for which these charges are filed is October 1, 2011 to
March 31, 2013 on Sewer and Refuse Account 3393 -0.
WHEREFORE, Claimant requests that a Municipal Lien be entered in its
favor and against the Defendant in the amount of one thousand fifteen dollars
and ninty five cents ($1015.95), plus cost and reasonable attorney's fees.
BOROUGH OF MECHANICSBURG
By: A�
Lisa ar' Coyne, Esquire
Solicitor for the Borough of Mechanicsburg
PA Supreme Court ID No. 53788
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011
�+ Zo 1 3 (717)737 -0464
Dated: i9taTLf 'Z �
COMMONWEALTH OF PENNSYLVANIA)
)ss
COUNTY OF CUMBERLAND )
Glenda Boyer, being duly sworn according to law, deposes and says that she is the Office
Manager for the Borough of Mechanicsburg, and that the facts set forth in the foregoing instrument
are true and correct to the best of her knowledge, information and belief.
Glenda Boyer
Sworn to and subscribed before me
this 1 day of April, 2013.
n (- C --
Nota Public
COMMON OF PEN NSYLVANIA
NOTARIAL SEAL
Lisa Marie Coyne. Notary Public
Hampden Township, Cumberland County
My Commission Expires June 10, 2016
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T H I S I N D E N T U R E
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MADE THE 19th day of September in the year of our .
Lord, one thousand nine hundred eighty (1980),
I
BETWEEN COMMONWEALTH NATIONAL BANK, Executor of the Estate
of JAMES B. BROWNING, deceased, late of the Borough of Me- i
chanicsburg, County of Cumberland and State of Pennsylvania,
j GRANTOR,
AND DAYNE S. MILLER and SUSAN L. MILLER, his wife, of
the Borough of Mechanicsburg, County of Cumberland and State
j of Pennsylvania, GRANTEES:
1 , 1HEREAS, the said James B.i Browning was vested in his life -
time with title to the premises hereinafter described, situ-
] ate in the Borough..o£- Mechanicsburg, County of Cumberland and
! State of Pennsylvania; and
WHEREAS, the said James B. Browning died, testate, on the
21st day of November, 1979, and his Last Will and Testament
was duly probated in the Office of the Register of Wills in
and for Cumberland County,. Pennsylvania; and
WHEREAS, the said real estate was devised to the spouse of •
James B. Browning, to wit, Annie M. Browning, for and during
her natural life, or so long as she remains unmarried; and
the said Annie M. Browning elected to take against the Will
of James B. Browning, said election having been made on June
9, 1980, and recorded in the Recorder's Office-in and for
Cumberland County, Pennsylvania, in Deed Book "Z ", Volume
28, Page'322; and
i
WHEREAS the said Commonwealth National Bank qualified as Exe-
cutor of the Last Will and Testament;
NOW, THEREFORE, THIS INDENTURE WITNESSETH, That the said Com-
monwealth National Bank, Executor aforesaid, for and in con -
sideration of the sum of THIRTY -EIGHT THOUSAND NINE HUNDRED
AND N01100 ($38,900:00) DOLLARS lawful money of the United
States to it in hand paid by the said Dayne S. Miller and
Susan.L. Miller, his wife, at and before the ensealing and
delivery hereof, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, aliened, released,.and con -
firmed, and by these presents, by virtue of the power and
authority in it vested by.the Fiduciaries Act of the Common-
wealth of Pennsylvania, does grant, bargain, sell, alien, re-
lease, and confirm unto the said Dayne S. Miller and Susan L.
Miller, his wife, their heirs and assigns, ALL THAT CERTAIN
messuage and lot of ground situate on the Northwest corner
of East Allen and North Arch Streets, in the Borough of Me-
chanicsburg, in the County of Cumberland, and State of Penn -
sylvania, and described as follows, to wit:
BEGINNING at a point on.the curb line of : said East Allen
Street and at the curb line of said North Arch Street; thence
along the curb line of East Allen Street,. South 71 degrees
37 minutes 30 seconds West, one hundred seventeen and two
tenths (117.2) feet to a.point; thence along a ten (10) foot -
alley,.North 17 degrees 2 minutes 30 seconds West, fifty -
th ;ee ($3) feet to a point; thence along land formerly of
Agnes C. Gross, North 71 degrees 42 minutes 4 seconds East,
1. 14 `
one hundred sixteen and fifty-two hundredths (116.52) feet
-to a point on the curb line of North Arch Street; thence
along the curb line of North Arch Street, South 17 degrees
46 minutes 30 seconds East, fifty -three (53) feet to a point
on the curb line.of East Allen Street, place of BEGIN-
NING. k
HAVING THEREON ERECTED a two and ones -half story brick dwell-
ing house and other necessary buildings, numbered 101 North i
Arch Street. 1
BEING the same premises which W. H. Corddry and Bessie P,
Corddry, his wife, by their Deed dated September 30, 1967,
and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Deed Book "N ", Volume 22, Page 642,'
granted and conveyed unto James B. Browning and Elnora P.
Browning, his wife. The said Elnora B. Browning died April
22, 1971, whereupon sole title to said premises became ves-
ted in James B. Browning, by virtue of the doctrine of sur-
vivorship incident to tenancies by the entireties. i.
TO HAVE AND TO HOLD the said messuage or tenement and tract
of land, hereditaments and premises hereby granted and re
leased, or mentioned and intended so to be, with the appur-
tenances, unto the said Grantees, their heirs and assigns,
to and for the only proper use and behoof of the said Gran -
tees, their heirs and.assigne, forever.
AND the said Grantor, Executor as aforesaid, its successors i
and assigns, does covenant, promise and agree to and with the
said Grantees, their heirs and assigns, by these presents,
that the Grantor has not done,.committed any act, matter or
thing whatsoever whereby the premises hereby granted, or any i
part thereof, is, are, shall or may be impeached, charged, or
encumbered in title, or otherwise howsoever. ,
IN WITNESS WHEREOF, the said Commonwealth National Bank has
caused this Indenture to be signed by its Vice - President,
attested to by its Trust Office, and to have affixed here -
unto the common seal of the said Corporation,.the day and I
year first above written.
I .
COMMONWEALTH NATIONAL BANK,
Executor of the Estate of
JAMES B. BROWNING, deceased,
By:
ATTEST: V - esiden
aei •a`•`' . 011 /. "••.,`: "° COMMONWEALTH OF PEN LV A
`T ` ` `ak.'d,: • DEPARTME OF REVENUE _
t (+ ; . REALTY yQ
TRANSIEa uv:r:o •:: 'k� - O 0. D 0
� Viu r: Trust Officer _
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School DWI Cup-1. Co.. A�.
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1OO1CFiV PAGE 7 4JL Cumb. C . Did. Col. ASE C"L Co. Dist. C•t. A4L
i STATE or PENNSYLVANIA )
SS.
I COUNTY 08 DAUPHIN )
1
j On this the 19th day of September ,
1980, before me, the undersigned officer, personally
j appeared PHILIP J.'DOLSON, who acknowledged himself
to be a Vice - President of the COMONWEALTH NATIONAL
BANK, a corporation, that he, as such Vice - President,
i being authorized to do so, executed the foregoing
;instrument for the purposes therein contained, by
signing the name of the Corporation, by himself, as
j a Vice-President:
IN WITNESS WHEREOF, I hereunto set my hand
and official seal:
� A t� ' r fL'
Noesap',lYla�i �b�r•. -�' a
MRRMRURG, DAUPHIN CDJf7fY -/�2 2 �•r t�
Hyx
sprmia 547(IaD!101 Nb? , Ca .
` COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE _
, REALTY
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TAXNEFER 9 arm
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• J O I N D E R
KNOW ALL MEN BY THESE PRESENTS, That I, ANNIE
M. BROWNING, surviving spouse of JAMES B, BROWNING, de-
.ceased, in consideration of the sum Of ONE (11.00) DOL-
LAR and other good and valuable consideration in hand
paid, do hereby join in the conveyance of the property
located at 101 North Arch Street, Mechanicsburg, Penn -
Sylvania, by Commonwealth National Bank, Executor of the
Estate of James B. Browning, deceased, to Dayne S. Miller
and Susan L. Miller, his wife.
Although the said real estate was devised to
me by my late husband, James B. Browning, for and during
my natural life, or so long as I remain unmarried, I
elected to take against the Will, and thereby gave up
any interest which I had in said real estate. t
IN WITNESS.WHEREOF, I have hereunto set my
hand and seal this )9 jh day of
A. D. 1990.
�-� EAL)
WITNESSED BY: Anne M. Browftin — {
g; wu
STATE OF PENNSYLVANIA )
COUNTY OF lv iK �. R �J4� SS.
.On this, the day. of JT -m bra 1990,
before.me, a Notary Public, personally appeared. ANNIE M.
BROWNING, known to me. satisfactorily proven) to be the
person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and of-
ficial seal,
Notary •Publ� �!� `
`O1 IV �cS3 My Commission Expires: ° ;;�j� � .:;:•ya''; �� :
//
Gk r & A , ANNA M. WWI. NOTARY PUBLIC
I MICIMICSBURG 80RO.CUMRERUN000UNTY
MY COMMM I Ano MAY 13.19t4
fkm6er. Pennsylvania Assaa+lan N Nd+nes
UNC 2 m 753