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HomeMy WebLinkAbout13-1759 BOROUGH OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. N013 s� M.L.D. � News +mss Rollace E. Henke s and Ne w si'�•ti `' Barbara A. 4@uta s, Defendant MUNICIPAL LIEN MUNICIPAL LIEN FOR SEWER /WATER RATES x* elm NOW COMES the Borough of Mechanicsburg Cumberland County o . Pennsylvania, by its attorney Lisa Marie Coyne, Esquire, and files the wit i - laiT 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 E t. sb� 1 P.L. 207, Section 9, e seq ., 53 P. S § 7143, as amended. (,�In� corwext stet • 6. A description of the property against which this claim is filed is: 28 - 30 N Market Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 18 -23- 0565 -049 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 four hundred sixteen dollars and fifty eight cents ($1416.58), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is April 1, 2012 to March 31, 2013 on Sewer Account 3360 -0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of one thousand four hundred sixteen dollars and fifty eight cents ($1416.58), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG By: C- �� 74 � N4- Lis Mari Coyne, Esquir So ' " r for the Borough of Mechanicsburg PA Supreme Court ID No. 53788 Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 4p,uj / (717)737 -0464 Dated: f 2-5 ,2013 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 I" day of A ril, 2013. Notar ublic COMMONWE OF PENNSYLVANIA NOTARIAL SEAL Lisa Marie Coyne, Notary Public Hampden Township, Cumberland County My Commission Expires June 10, 2016 ��. 2006 ��1NY 10 A�1 8 52 Tax Parcel Number: /g a 3 OS(o O THIS INDENTURE MADE THE _ day of in the year of our Lord two thousand and six (2006). BETWEEN DANNY A. COOPER and LINDA K COOPER, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantor, and ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, his wife, of Silver Spring Township, Cumberland County, Pennsylvania, Grantees. WITNESSETH, that in consideration of the sum of TWO HUNDRED FIFTY -FOUR THOUSAND and No/100 (S254,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast comer of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one -tenth (67.1) feet to a point at comer of lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty -three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S Davis, South 19 degrees 36 minutes East, thirty and one -tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one -tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northem line of Strawberry Alley in a westwardly direction, one hundred twenty-three and nine- tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. BEING the same premises which William G. Magaro and Gayle A. Magaro, his wife, by their deed dated December 31, 1986 and recorded in the Recorder's Office in and for Cumberland County in Deed Book K Volume 32, Page 1051, granted and conveyed to Danny A. Cooper and Linda K. Cooper, his wife, the Grantors herein. TO HAVE AND TO HOLD the said messuage or tenement and tract of land, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. THIS CONVEYANCE IS PART OF A DEFERRED TAX -FREE EXCHANGE OF LIKE -KIND PROPERTY BY THE GRANTEES UNDER SECTION 1031 OF THE U.S. INTERNAL REVENUE CODE OF 1986. aoox 274 PACE2,313 4 r. 03/21/2013 11:04:02 AM CUMBERLAND COUNTY Inst.# 200615667 - Page 1 of 3 t ^ AND, the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of- e'4 ee - �- ;e - 'r — (SEAL) r DAMY A. COOPER C (S AL) L AIL COOPE Cumberland County Recorder of Dods Instrument Filing Receiptl 606261 Instrl2006- 015667 5/10/2006 08:58:42 Remarks: TRIOCOUNTY ABSTRACT HEUSTESS DEED 11.50 DEED - WRIT ,58 DEED - RTT STATE 2540,00 NECHANICSM 1270.00 NECHANICOM 8080 1270.00 DEED - AIN 11.50 J.C.S. / A.T.J. 10,00 C0 INPROVENEMT FND 2.00 REC. INPRUNT FOND 3.00 Checkl 25800 $1,308.50 Checkl 25793 $2,540.00 Gleckl 257% $1,270.00 Total Received..,,... $5,118.50 BOOK 274 PuF2 ,j 4 I IT 03/21/2013 11:04:02 AM CUMBERLAND COUNTY Inst.# 200615667 - Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND 2 ) On this, the �_ day of // A.D. 2006, before me a notary public, in and for the Commonwealth of Penns ania, personally appeared DANNY A. COOPER and LINDA K. COOPER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. terry Public My commission expires: (SEAL) DOWN 9aa1 Camp FA em0M*8 mt0K#* Myr lanEspkasDao.II7, 2000 Mrneu. MMyAr1s Ndrin CERTMCATE OF R ESIDENCE I do hereby certify that the precise and exact post office address of the within Grantees is: 237 44 f1,Y/ 4 MedAA*,cs/krj, Pit /7057-1 Attorney for Grantee cc c lt c� co u: 2 O LLJ _ T Certify this to be recorded W �= in Cumberland County PA J. of t F ecorder of Deeds i0OK 274 PAGr2315 03/21/2013 11:04:02 AM CUMBERLAND COUNTY Inst.# 200615667 - Page 3 of 3 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. PA Supreme Court ID No. 53788 3901 Market Street Camp Hill, PA 17011 -4227 (717) 737 -0464 Fax: (717) 737 -5161 Yap THE r o:0 -ICii V T k 20 4 APR 214 PH 3: 2 7 CUMBERLAND COUNTY F'EHHNS'Y'LVANlA Solicitor for Borough of Mechanicsburg BOROUGH OF MECHANICSBURG, PENNSYLVANIA Claimant v. Rollace E. Heustess and Barbara A. Heustess Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. 13 -1759 M.L.D. MUNICIPAL LIEN PRAECIPE FOR ENTRY OF SATISFACTION TO THE PROTHONOTARY: Please enter satisfaction in the above captioned Lien on payment of Prothonotary's costs. Date: April 15, 2014 BOROUGH OF MECHANCISBURG By: f , JIB., ----- LtsaLMarie Coyne, Esc.uire PA,Supreme Court ID No. 53788 Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 (717) 737 -0464 i Solicitor for the Borough of Mechanicsburg eje_A- /3)6 ptt 36(-/qpy