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HomeMy WebLinkAbout13-1767 BOROUGH OF MECHANICSBURG, : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. N0. /�'� M.L.D. o �• ....E James R. Perry and Amy Perry, �- Defendant MUNICIPAL LIEN MUNICIPAL LIEN FOR SEWER /WATER RATES c:n 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, e t seq ., 53P.S. §7143, as amended. •5� C = /S& 6. A description of the property against which this claim is filed is: 315- 317 South York Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 20 -24- 0785 -385 & 20 -24- 0785 -386 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 six hundred and four dollars and forty cents ($1604.40), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is January 1, 2012 to March 31, 2013 on Sewer and Refuse Accounts 5550 -0 & 5551 -0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of one thousand six hundred and four dollars and forty cents ($1604.40), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG By: Lis arie 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 (717)737 -0464 Dated: , 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 l day of April, 2013. t Notary Public COM MONWEALTH Of KIIIN:YW NOTARIAL SEAL Lisa Norio Coyne, Notary Public Nampo" Tour wo. Conlenriono Courtly My tomnoWm Expim June 0. 2016 y P aYy This Indenture Made this 16th day of September A.D.•29,03 T r , 11--'! ER t� of DEEDS 000tsTY -r: Between James R. Perry and Amy Perry, husband and wife (herfiN terrlie 8 ; Grantor(s)), 1 �� AND James R. Perry and Amy Perry, husband and wife (hereinafter caned the Grantee(s)), Witnesseth That the said Grantor(s) for and in consideration of the sum of ONE AND 00 /100 DOLLAR ($1.00) lawful mon G antee(s), before the sealing and him /her /them well and truly paid by the s the receipt whereof is hereby acknowledged, delivery hereof, have /has granted, bargained and sold, released and confirmed, and by these presents do(es) g rant, bargain and sell, release and confirm unto the said Grantee(s), his /her /their heirs and assigns, SEE EXHIBIT "A" THIS IS A CONVEY FROM ALL REALTY HUSBAND D WIFE AXES. O HUSBAND AND WIFE AND IS THEREFORE EXEMPT Together with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water - courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor(s), as well at law as in equity, of, in, and to the same. To have and to hold the said lot(s) or piece(s) of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantee(s), and assigns, to and for the only proper use and behoof of the said Grantee(s), his /her /their heirs and assigns forever, BO 259 PAGEi6A 03/21/2013 11:06:47 AM CUMBERLAND COUNTY Inst.# 200351258 - Page 1 of 5 EXHIBIT "A" TRACT NO. 1: ALL THAT CERTAIN lot of ground, with all buildings and other South improvements thereon erected, situate on the east side Cumberland York Street in the Borough of Mechanicsburg, Coun of and State of Pennsylvania, bounded and described as follows, to wit. BEGINNING at an iron pin on the street line on the east side of South York Street at corner of property now or formerly of Walter R. May and Barbara K. May, his wife; thence eastwardly along said property line, one hundred sixty -four and four - tenths (164.4) feet to an iron pin on the west side of a twenty (20) foot alley; thence southwardly along the west side of said alley thirteen and eight- tenths (13.8) feet to an iron pin; thence westwardly along the center of the partition wall separating a double frame house, one hundred and sixty -four and four - tenths (164.4) feet to a point on the street line on the east side of South York Street five- tenths iron the st place of BEGINNING. BEING the northern half of a double frame dwelling house numbered 315 South York Street, Mechanicsburg, Pennsylvania. BEING Parcel No. 20 -24 -0785 -385. BEING THE SAME PREMISES which Myrtle M. Shields, widow, by her Power of Attorney, Geraldine V. Woodrow, by Deed dated April 2, 1998 and recorded in Cumberland County, in Deed Book 174, Page 870, granted and conveyed unto James R. Perry. TRACT NO. 2: ALL THAT CERTAIN lot of ground, with all buildings and other improvements thereon erected, situate on the east side of South York Street in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the street line on the east side of South York Street, at corner of property now or formerly of George A. Sweger and Helen H. Sweger, his wife; thence northwardly along said street line of 16.9 feet to a point; thence eastwardly through the center of a partition wall separating a double frame house and along the line of property now or formerly of Harry W. Shields and Myrtle M. Shields, his wife, 164.4 feet to an iron pin on the west side of a 20 foot alley; thence along the west side of said alley, southwardly 16.2 feet to an iron pin; thence westwardly along the line of lands now or formerly of said George A. Sweger and Helen H. Sweger, his wife, 164.4 feet to an iron pin, the place of BEGINNING. BEING the south half of a double frame dwelling house numbered �Oay 259 PnEiGi5 03/21/2013 11:06:47 AM CUMBERLAND COUNTY Inst.# 200351258 - Page 2 of 5 317 South York Street, Mechanicsburg, Pennsylvania. BEING the same premises which Cecile T. Chimel, a single woman, by Deed dated Juae2�9conveyedEuntoeJames R. Perry. County, in Deed Book 1 , page 833 BOOK 259 PAGE:16i6 03/21/2013 11:06:47 AM CUMBERLAND COUNTY Inst.# 200351258 - Page 3 of 5 And the said Grantor(s) do (es) by these presents, covenant, grant and agree, to and with the said Grantee(s) his/her /their heirs and n that it the said and granted, or and singular the Hereditaments and premises ere mentioned and intended so to be with the Appurtenances unto the said Grantee(s), his /her /their, heirs and Assigns, against it the said Grantor(s) and against all and every Person or Persons whomsoever lawfully claiming or to claim the same or any part thereof, by from, or under it or any of them, shall and will SPECIALLY WARRANT and forever DEFEND. The said Grantor(s) his/her/their successors and/or assigns covenant, promise and agree, to and with the said Grantee(s) his /hertiits heirs and assigns, by these presents, that the said Grantor(s) has/have not done, committed or knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or incumbered, in title, charge, estate, or otherwise howsoever. In Witness Whereof the said G or(s) have/has used these presents to be duly executed dated the day and year Sealed and Delivered IN THE PRESENCE OF US: 1� J as R. Pe Amy Perry COMMONWEALTH OF PENNSYLVANIA SS ) COUNTY OF DAUPHIN ) On this, the 16th day of September A.D. 2003, before me, a notary public the undersigned officer, personally appeared James R. Perry and Amy Perry known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In Witness Whereof, i hereunto se nd o ' se No ry Public y Co fission Expires: NoMrW seal L+nda K. Trively, NotaN� Co-Oy ' City Of ���'h�, Exp . 23.2006 my Comvssm ,BAs n «Nom �coK 259 PAGEM 03/21/2013 11:06:47 AM CUMBERLAND COUNTY Inst.# 200351258 - Page 4 of 5 DEED James R. Perry and Amy Perry to James R. Perry and Amy Perry PREMISES 315 -317 South York Street Mechanicsburg, PA 17055 Parcel Nos.: 20 -24 -0785 -385 and 20- 24- 0785 -386 [ i> to he recorded Ir; ._.C-11be-rland COW AY PA The address of the above named Grantee is: Recorder of Deeds 34 Corvair Drive Dillsburg, PA 17019 Certified by: nt b0ox 259 PA LOA8 03/21/2013 11:06:47 AM CUMBERLAND COUNTY Inst.# 200351258 - Page 5 of 5