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Home My WebLink About13-2228 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 Solicitor for Borough of Mechanicsburg IN THE COURT OF COMMON PLEAS OF BOROUGH OF MECHANICSBURG, Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO.13 M.L.D. c Joseph R. Kapp, Jr. Defendant MUNICIPAL LIEN MUNICIPAL LIEN FOR (CURB) SIDEWALK REPAIRS The Borough of Mechanicsburg, Cumberland County, Pennsylvania, hereby files its claims against Joseph R. Kapp, Jr. and all that certain lot or piece of ground situated in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being known generally as 214 West Simpson Street, Mechanicsburg, with a tax parcel number 20 -23- 0567 -122 and more specifically described in Exhibit A attached and having thereon erected a house. For curb and sidewalk repairs for 214 West Simpson Street: $3,798.80 Together with an additional ten percent (10 %) penalty: $379.88 Solicitor filing fee: $125.00 Total: $4,303.68 Together with court filing.costs and interest sec. leg. from September 28, 2012, the date of completion of the work. Prior notice in accordance with law was served upon the owner by first class United States mail, postage prepaid, at the owner's address at 214 West Simpson Street in Mechanicsburg, PA 17055 on February 1, 2013, as shown in Exhibit B attached. The said services were provided by the Borough of Mechanicsburg and the charge levied therefor in strict accordance with Article XVIII of the Borough Code, Act of February 1, 1966, P.O. 1655 (1965), No. 581, Section 1801 et. seq., 53 P.S. Section 46801 et. seq., Ordinance 892, Part 4 of Chapter 21 and /or Part 9 of Chapter 1 of the Code of Ordinances of the Borough of Mechanicsburg. By Lisa Marie Coyne, Es uire Coyne & Coyne, P.C. 01(SDpt' AT'Y 3901 Market Street 04E44(oq Camp Hill, PA 17011 o (717) 737 -0464 � Date: April 16, 2013 Solicitor for the Borough of Mechanicsburg COMMONWEALTH OF PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND ) Patrick Dennis, being duly sworn according to law, deposes and says that he is Borough Manager for the Borough of Mechanicsburg, and that the facts set forth in the foregoing instrument are true and correct to the best of his knowledge, inform and belief. Patrick Dennis Sworn to and subscribed before me this 1 hh day of April, 2013. OA 14otarA Public COMMONWEALTH Of PENNS NOTARIAL SEAL [,4pden isa Marie Coyne, Notary Public Township, Cumberland County Commission Expires June 10, 2016 Tax Parcel No.: 20 -23- 0567 -122 THIS INDENTURE MADE and entered into this 12th day of August, 2008, by and between: CAROL A. RIDER, Executrix under the Last Will and Testament of Norma J. Kapp, also known as N. Jean Kapp, late of the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, deceased, party of the first part, Grantor, AND JOSEPH R. KAPP, JR., of the same place, party of the second part, Grantee; WHEREAS, the said Norma J. Kapp, also known as N. Jean Kapp, became in her lifetime seised as of fee of and in a certain tract or parcel of ground, together with the buildings and improvements thereon erected, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, and more particularly described hereinafter; and being so thereof seised, departed this life on September 25, 2007, having first made her Last Will and Testament dated October 28, 2005, wherein and whereby she appointed as Executrix thereof Carol A. Rider, to whom Letters Testamentary were issued by the Register of Wills of Cumberland County, Pennsylvania, on October 3, 2007; and WHEREAS, in Item THIRD of said Last Will and Testament, the Decedent specifically devised the real estate more particularly described hereinafter unto her grandson, the Grantee herein; NOW THIS INDENTURE WITNESSETH, that the said Grantor, in accordance with the provisions of said Item THIRD of Decedent's Last Will and Testament and without other consideration, has granted, bargained, sold, aliened, released and confirmed, and by these presents does grant, bargain, sell, alien, release and confirm unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, I AW OFFICES Cumberland County, Pennsylvania, bounded and described in accordance with a survey MARLIN R. McCALEB and Plan thereof made by Gerrit J. Betz, Registered Surveyor, dated June 22, 1975, as Exhibit A — Page 1 of 5 1 03/06/2013 11:39:12 AM CUMBERLAND COUNI 15 follows, to wit: BEGINNING at a point marked by a drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence along the northern side of West Simpson Street, South 67 degrees 20 minutes West, 19.40 feet to a corner of premises known as No. 216 West Simpson Street; thence along said premises and passing through the center of a partition wall, North 22 degrees 40 minutes West, 91 feet to a point on the south side of Rupert Alley; thence along Rupert Alley North 67 degrees 20 minutes East, 19.40 feet to a point on the west side of Cedar Alley; thence along Cedar Alley South 22 degrees 40 minutes East, 91 feet to the point and place of BEGINNING. HAVING thereon erected.a two story frame dwelling and a two story block garage and known as and numbered 214 West Simpson Street. BEING the same premises which Fred T. Kapp and N. Jean Kapp, his wife, by their deed dated June 2, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 263, Page 2244, granted and conveyed unto N. Jean Kapp, the Decedent herein. THIS conveyance is wholly exempt from Realty Transfer Tax pursuant to Reg. 91.159(a) as a transfer pursuant to the Decedent's Will. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever, thereunto belonging or in anywise appertaining and reversions and remainders, rents, issues and profits thereof, and all estate, right, title, interest, property, claim and demand whatsoever of the said Decedent, the said Norma J. Kapp, also known as N. Jean Kapp, at and immediately before the time of her decease, in law, equity or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD the said tract or parcel 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, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns, forever. AND the said Grantor, for herself and her respective heirs, executors and administrators does covenant, promise and agree to and with the said Grantee, his heirs and assigns, that she, the said Grantor, has not heretofore 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 encumbered in title, charge, estate or otherwise howsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day 1 AW ()RILES MARLIN R. Mc:CALEB -2- Exhibit A — Page 2 of 5 03/06/2013 11:39:12 AM CUMBERLAND COUNTY ! and year first above written, intending thereby to be legally bound. Signed, Sealed and Delivered in the presence of: Carol A. Rider, Executrix under the Last Will and Testament of Norma J. Kapp, also known as N. Jean Kapp, Deceased STATE OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) On this, the 12th day of August, 2008, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared CAROL A. RIDER, known to me (or 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 official seal. J e . "r EAL) -; • ri'«" t ,:.: !� ;, ., No Public rR ° = COMMONWEALTH OF PENNSYLVANIA .ti 'k' •• .7�'.h L' i . S ' `� g:l s ' �9 • Martin R. tary Public Mechan icsburberland County My C ommissDec. 14, 2010 Member: Pennsylvania Associao Of !votaries I do hereby certify that the precise residence and complete post office address of the within named Grantee is: 521 Barry Court, Mechanicsburg, Pennsylvania 17050. 6 Attqrney or Girantee A1v orrices •�-- MARLIN R. McCALEB I � / /. S -3- Exhibit A — Page 3 of 5 03/06/2013 11:39:12 AM CUMBERLAND COUNT` REV -183 EX (11-04) RECORDER'S USE ONLY REALTY TRANSFER TAX State Tax Paid COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPARTMENT OF REVENUE Pa BUREAU OF INDIVIDUAL TAXES PO BOX 280603 See Reverse for Instructions Date Recorded HARRISBURG PA 17128 -0603 ! U Complete each section and file in duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A CORRESPONDENT - All inquiries may be directed to the following person: Name Telephone Number: Marlin R. McCaleb, Esquire (717)691 -7770 Street Address City State Zip Code 219 East Main Street I Mechanicsburg I PA 1 17055 B. TRANSFER DATA Date of Acceptance of Document Gragr(sy Carol A. Rider, Executrix Grantee(s) / *c un 3 of Norma J. Kapp, a /k /a N. Jean PP Joseph R. Kapp, Jr. Street Address Street Address 1052 S mithridge Road 521 Barry Court City State I Zip Code City State Zip Code Bridgeport NY 13030 1 Mechanicsburg PA 17055 C. PROPERTY LOCATI Street Address City, Township, Borough 214 West Simpson Stre County School District Tax Parcel Number Cumberland Mechanicsburg 20 -23- 0567 -122 D. VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration 0.00 + 0.00 = 0.00 4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value 60,280.00 X 1.26 - 75,952.80 E. EXEMPTION DATA 1a. Amount of Exemption Claimed 1b. Percentage of Interest Conveyed 75,952.80 100% 2. Check Appropriate Box Below for Exemption Claimed �} Will or intestate succession Norma J. Kapp, a /k /a N. Jean Kapp 21 -07 -0890 (Name of Decedent) (Estate File Number) ❑ Transfer to Industrial Development Agency. ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer between principal and agent. (Attach complete copy of agency /straw party agreement.) ❑ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ❑ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ❑ Other (Please explain exemption claimed, if other than listed above.) Under penalties of law, 1 declare that I have examined this Statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. Signatur f Correspondent Res nsi a Party Date FAILURE TO COM ET THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT I N THE RECORDER'S REFUSAL TO RECORD THE DEED. Exhibit A - Page 4 of 5 03/06/2013 11:39:12 AM CUMBERLAND COUNT 15 • o 1 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY , 1 COURTHOUSE SQUARE CARLISLE, PA 17013 - _ 717 - 240 -6370 Instrument Number - 200829765 Recorded On 9/2/2008 At 2:57:38 PM * Total Pages - 5 • Instrument Type - DEED Invoice Number - 28166 User ID - MSW • Grantor - KAPP, NORMA J • Grantee - KAPP, JOSEPH R JR • Customer - M MCCALEB * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this document. ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $39.50 I Certify this to be recorded in Cumberland County PA O RECORDER O t�ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0010U8 IIIIIII IIIIIIIIIIIIIIIII Exhibit A — Page 4 of 5 03/06/2013 11:39:12 AM CUMBERLAND COUNTY .. BoROUGH OE MECHANICSBURG 36 West Allen St. MEECHANICSBURG, PA 17055 -6257 Patrick Dennis Telephone 717- 691 -3310 • Fax 717 -691 -3312 Borough Manager PDennis@MechanicsburgBorough.org February 1, 2013 k Joseph R. Kapp, Jr. 214 West Simpson Street Mechanicsburg, PA 17055 RE: PAST DUE INVOICE FOR CONCRETE WORK COMPLETED AT YOUR PROPERTY LOCATED AT 214 WEST SIMPSON STREET j Dear Sir or Madame: The Borough notified you on September 19 and December 26, 2012 of the amount due the Borough for . concrete work completed by the Borough contractor, Rogele Inc. at your property'located at 10 West Simpson Street. Your payment in full or a signed payment plan was due to the Borough no later than January 28, 2013. Our records indicate that neither a payment nor a payment plan was received. This correspondence serves as final notice that you must either make payment in full for the attached invoice or enter into a payment plan with the Borough on the invoice within thirty (30) days of the date of this letter or the Borough will file a lien against your property for the amount due. The filing of a lien will result in additional fees being added to the balance. If you are unable to pay the full balance of the invoice the lien filing can be avoided by simply calling the - Borough Office to discuss an equitable payment plan. The Borough is interested in working with you to resolve this matter. Please contact us prior to March 5, 2013. Thank you in advance for your prompt attention to this matter. The Borough Office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. Feel free to contact us during those hours to discuss a 1 payment plan. Sincerely, Patrick Dennis Borough Manager PED /tsh Enc. First Class Mail (02- 01 -13) Certified Mail #: 7010 - 1870 - 0001 - 6871 -1297 (02- 01 -13) Exhibit B — Page 1 of 2 "fie gOrou.gh Of Mechavt,'csburg A g000f ptace to Cave" BOROUGH OF MECHANICSBURG _ 36 WEST ALLEN STREET INVOICE NO. MECHANICSBURG, PA 17055 - 12 -00236 INVOICE DATE: 09/19/12 DUE DATE: 01/28/13 CUSTOMER #: KAPPJRJO JOSEPH KAPP JR 214 WEST SIMPSON STREET MECHANICSBURG, PA 17055 QUANTITY /UNIT SERVICE ID DESCRIPTION UNIT PRICE AMOUNT 19.50 /LF CAP CURB CONCRETE RESTORATION CONTRACT 41.0000 799.50 214 W SIMPSON - CURB 9.72 /Sy CAP SIDE CONCRETE RESTORATION CONTRACT 97.5000 947.70 214 W SIMPSON - SIDEWALK 8.00 /SF CAP MAT CONCRETE RESTORATION CONTRACT 40.6000 324.80 214 W SIMPSON - ADA MAT 5.78 /Sy CAP2RAMP CURB RAMP - SQUARE YARD 125.0000 722.50 214 W SIMPSON - ADA RAMP 11.00 /LF CAP WALL CONCRETE RESTORATION CONTRACT 91.3000 1,004.30 214 W SIMPSON - ADA CHEEK WALL 1.00 PENCAPSD ADM FEE FOR SIDEWALK BILLS 379.8800 379.88 10% ADMINISTRATIVE FEE TOTAL INVOICE 4,178.68 -- - - - - -- ------------------------ ---------------- - - - - -- ----------- - - - - -- - PLEA E DETACH AT PERFORATION AND RETURN TH PORTION. BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET Invoice Id: 12 -00236 MECHANICSBURG, PA 17055 Customer Id: KAPPJRJO JOSEPH KAPP JR Due Date: 01/28/13 214 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Total Due: 4,178.68 Exhibit B - Page 2 Of 2