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HomeMy WebLinkAbout13-1758 BOROUGH OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS. OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. M.L.D. c � Dayne S. Miller and rn Susan L. Miller, �+ Defendant MUNICIPAL LIEN p MUNICIPAL LIEN FOR SEWER /WATER RATES Q r " -c CO 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 I ' i i T H I S I N D E N T U R E 1 i 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 _ A it School DWI Cup-1. Co.. A�. .'r /: SN dd I •t• Yr•tit•, Tr•1 Edt• Tnnfw i.• ' e ?Hoes e. + ir?sKna �'i 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 I TAXNEFER 9 arm i j -. -.._ _ __ __ .._ rl loan r_nl A�In l+(II IAITV I__•�t nnnnn�nn n- .. .. r • 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