HomeMy WebLinkAbout13-2229 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
BOROUGH OF MECHANICSBURG, : IN THE COURT OF COMMON PLEAS OF
Claimant : CUMBERLAND COUNTY, PENNSYLVANIA �
M -v ms s=
V. : NOJJ - daAq M.L.D. N -v M
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Jayson E. Hammond and r o ter?
Lori Zipay,
r - ! r
Defendant MUNICIPAL LIEN
MUNICIPAL LIEN FOR (CURB) SIDEWALK REPAIRS
The Borough of Mechanicsburg, Cumberland County, Pennsylvania, hereby files its claims against
Jayson E. Hammond and Lori Zipay and all that certain lot or piece of ground situated in the Borough of
Mechanicsburg, Cumberland County, Pennsylvania, being known generally as 523 East Simpson Street,
Mechanicsburg, with a tax parcel number 17 -23- 0563 -022 and more specifically described in Exhibit A
attached and having thereon erected a house.
For curb and sidewalk repairs for 523 East Simpson Street: $3,806.45
Together with an additional ten percent (10 %) penalty: $380.64
Solicitor filing fee: $125.00
Total: $4,312.09
Together with court filing costs and interest sec. leg. from October 26, 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 523 East Simpson Street in Mechanicsburg, PA 17055 on March 5,
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 �---
isa Marie Coyne, Esqui le
Coyne & Coyne, P.C. pj0A Y
3901 Market Street 0#5y(0q
Camp Hill, PA 17011 &a89.5q
(717) 737 -0464 7
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, information and belief.
P rick Dennis
Sworn to and subscribed before me
this Aday of April, 2013.
of Public
COMMONWEALTH O:F PENNSYLVANIA
NOTARIAL REAL
Lisd Marie Coyne, Notory Public
Hampden Township, Cumberland County
My Commission Expires June 10. 2016
� y
Tax Parcel #
THIS INDENTURE
MADE THE gAV&ay of in the year of our Lord one thousand nine
hundred and ninety -nine (1999).
BETWEEN BETTY L ANDERSON, Administratrix D.B.N.C.T.A. of the Estate of
ZELDA J. HAMMOND, late of the Borough of Mechanicsburg, County of
Cumberland, Commonwealth of Pennsylvania 17055, and the said BETTY L
ANDERSON, as the attomey -in -fact for DOROTHY J. KARNS, conditional life
tenant, of the same place, Grantor
AND
JAYSON E. HAMMOND, single man, and LORI ZIPAY, single woman, both
currently of Dillsburg. County of York, Commonwealth of Pennsylvania. Grantees,
to hold as joint tenants with right of survivorship and not as tenants in common.
WHEREAS, the said Zelda J. Hammond was vested in her lifetime with title to the premises
hereinafter described, in the Borough of Mechanicsburg, County of Cumberland and
Commonwealth of Pennsylvania; and
WHEREAS, the said Zelda J. Hammond died, testate, on the 11th day of April, 1976 and
Letters Testamentary were duly issued by the Register of Wills in and for Cumberland County,
Pennsylvania to Craig L. Hammond and Dorothy 1. Karns as Co-Executors and docketed to No.
21 -76 -231.
WHEREAS, the said Craig L. Hammond departed this earthly life on the 28th day of
March, 1979; and
WHEREAS, the said Dorothy J. Karns then remained as the sole surviving executrix; and
WHEREAS, the said Dorothy J. Karns was not desirous of continuing as executrix; and
WHEREAS, the said Zelda J. Hammond was survived by four (4) of the five (5) children as
named in her said last will and testament, to wit: Craig L. Hammond, Dorothy J. Karns, Julia M.
Peters, and Betty L. Anderson, the said Lois E. Wentz, having predeceased her on the 12th day of
August, 1974; and
WHEREAS, the said Dorothy E. Karns and the said Julia M. Peters, surviving children,
have signed and filed renunciations of their right to administer the estate of the said Zelda J.
Hammond, as will mote fully appear at large in the file docketed to No. 21 -76 -231 in the Register
of Wills Office in and for Cumberland County, Pennsylvania; and
WHEREAS, the said Register of Wills, on the 18th day of August, 1999, duly issued
Letters of Administration D.B.N.C.T.A. to the said Betty L. Anderson; and
WHEREAS, the lands were not specifically devised; and
WHEREAS, the said last will and testament provides in pertinent part as follows:
"3.
I hereby grant to my daughter, Dorothy J. Karns, the exclusive right and at
her sole discretion, to occupy my house and lot of ground at 523 East Simpson
Street, Mechanicsburg, Pennsylvania, so long as she desires to stay and to use the
same as her personal residence.
4.
Should my daughter, Dorothy J. Karns, desire, during her lifetime, to vacate
my property at 523 East Simpson Street, Mechanicsburg, Pennsylvania, and make
her home elsewhere, then in such event, I direct my Executors hereinafter named, to
sell said property at either public or private sale.
BGUr. 213 fAufiO 4$
Exhibit A — Page I of 4
8/21/2012 3:56:36 PM CUMBERLAND) CnI1NTY
After my said property has been sold as directed above, then in such event, I
direct that any proceeds derived therefrom be paid out and distributed in the
following manner, to wit: the sum of AL I J. Karns. hichiss repayment to t he of monies expended by her on my homes Doroth
during
my lifetime.
B. I give and bequeath all the rest. residue and remainder of my estate to
my children, share and share alike."
as more fully a�sr the large in said docket no. 2p 76 all 231 an $s is specifically y initial forth i Tax
Y PPS sett en
Docket Book No. 9, page 245, line 3, wherein the Pennsylvania Department of Revenue accepted
the amount tendered as payment in full; and
WHEREAS, the said Dorothy J. Karns has determined to vacate the said property without
any intention of return; and
WHEREAS, the said Dorothy J. Karns has, by a DURABLE GENERAL POWER OF
ATTORNEY, dated the 11 th day of June, 1999, appointed the said Betty L. Anderson her true and
lawful Attorney -in -Fact with full power to transact any and all business in the name of the said
Dorothy J. Karns as though she, the said Dorothy J. Karns, were acting; and
WHEREAS, the said POWER OF ATTORNEY, which was recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania on the 10th day of August, 1999
in Miscellaneous Record Book 621 at page 799, also more specifically provides in pertinent part:
'THIS POWER includes, but is not limited to, the following:
7. To lease, sell, release, convey, extinguish, or mortgage any interest in
real property on such terms as may be deemed advisable; and to manage, repair,
improve, maintain, restore, build, or develop such property.
9. To execute, deliver, and acknowledge deeds, deeds of trust,
covenants, indentures, agreements, mortgages, hypothecation, bills of lading, bills,
bonds, notes, receipts, evidences or debts, releases, and satisfactions of mortgages,
judgment, ground rents, and other debts;'
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the said Betty L.
Anderson, Administratrix D.B.N.C.T.A, as aforesaid, for and in consideration of the sum of
Seventy-Eight Thousand and No /100 ($78,000.00) Dollars and other good and valuable
considerations, to her in hand paid by the said Jayson E. Hammond and Lori Zipay at and before
ensealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, aliened, released, and confirmed, and by these presents, by virtue of the power and
authority in her vested by the Fiduciaries Act of the Commonwealth of Pennsylvania, does grant,
bargain, sell, alien, release, and confirm unto the said Jayson E. Hammond and Lori Zipay, as joint
tenants with the right of survivorship, and not as tenants in common, their heirs and assigns,
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, Cumberland County, Pennsylvania, and designated and known as
lots numbered one hundred and twenty-one (121) and one hundred and twenty-two
(122) in a certain Plan of Lots called College Park surveyed for the Pennsylvania
Land Company by A. B. Rupp, Civil Engineer, which is duly filed among the
records in the Office of the Clerk of Courts and Recorder for Cumberland County
aforesaid, in Deed Book "S ", Volume 5, Page 600.
BEING the same premises which Ruth I. Johnson, widow, by her deed dated April
6, 1964, and recorded in the Recorder's Office in and for said Cumberland County
in Deed Book "E ", Volume 21, Page 80, granted and conveyed unto Zelda J.
Hammond, widow.
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, as joint tenants with right of survivorship and not as tenants
in common, their heirs and assigns, to and for the only proper use and behoof of the said Grantees,
their heirs and assigns, forever.
AND THE SAID GRANTOR, Administratrix D.B- N.C.T.A. as aforesaid, her heirs,
executors and administrators, does covenant, promise and agree to and with the Grantees, their heirs
BOOK 213 F:iuJOA
Exhibit A — Page 2 of 4
18/21/2012 3:56:36 PM CUMBERLAND COUNTY
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 part thereof, is, are, shall or may be
impeached, charged or encumbered in title, or otherwise howsoever.
The said Dorothy J. Kams, by and through her attorney -in -fact, the said Betty L. Anderson,
joins herein to relinquish and release any and all -rights, title and interest that she has in and to the
premises as a tenant under the terms of the aforesaid last will and testament. Accordingly, she
makes no warranty of title and does not join in the warranty herein provided.
IN WTlNBSS WHEREOF, the said Administratrix D.B.N.C.T.A. of the Estate of Zelda J.
Hammond, and Attomey -in -Fact for Dorothy J. Kams, Grantor herein, has hereunto set her hand
and seal the day and year First above written.
Witnessed by:
(SEAL)
BETT L, ANDERSON, Administratrix
D.B.N.C.T.A_ of the Estate of Zelda
J. Hammond } � J
�� t� 3 '� (SEAL)
DOROTHY J. KARNS by her Attomey -in-
Fact, Betty L. Anderson
154 yy ci . QJC t (SEAL)
BETTY L. ANDERSON as Attorney -in -Fact
for Dorothy J. Karns
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Exhibit A — Page 3 of 4
3/21/2012 3:56:36 PM CUMBERLAND COUNTY
o
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF 41k-ybtek SS:
On this, the 1 - day of Ac'-'n 1,-e, A.D., 1999, before me, a
Notary Public, in and for said County and State, the undersigned officer, personally appeared
BETTY L. ANDERSON, as Administratrix D.B.N.C.T.A. of the Estate of Zelda J. Hammond,
known to me (or satisfactorily proven) to be the person described in the foregoing Instrument, and
acknowledged that she executed the same in the capacity therein stated and for the purposes therein
contained_
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Lto ar Notaria l Not Publi
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Dawn Gladleg No tary PuGIa �
DlllebuNrp Horn, Yod County
Cam on Eapuaa May 11. 2001
t an r 1a
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s
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF Y OKJ� SS:
On this, the A3 P& day of A.D., 1999, before me, a
Notary Public, in and for said County and State, the undersigned officer, personally appeared
BETTY L. ANDERSON as Attomey -in -Fact for Dorothy J. Kerns, known to me (or satisfactorily
proven) to be the person described in the foregoing instrument, and acknowledged that she executed
the same in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Nolarlal Seal
S. ��un pladtaaer, Notary public - 'r.
My A bu o noro, York county Notary Publi
Iaafo �aa May 17, Z00 t f ;
6 r, nluy in i% l as a o nee ' I J
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise and exact post office address of the within Grantees is:
5z31 F. S s��, .��' M ee k P a 17es5'
t%as for Grantees
r
Slalo of Pennsylvania 1
County of Cumberland) 86
fl•;coldad in 1110 office for the recording of Deeds
1 ct in and fo umbcrland County, P
J y _ Boo Vo"C__ rage r�G�l
Witnou my hand eel of offlce n
Ca �rli j sl�e, PA this day
Bo�4,3 Ab G,�Qt�B
Exhibit A — Page 4 of 4
R/91/9017 3 .5R 3R PM r1 IMRFRI ANTI r(11 1N1
: BoR OUGH OF MECHANICSBURG
.36 West Allen St. MECHANICSBURG, PA 17055 -6257 Patrick Dennis
Telephone 717- 691 -3310 • Fax 717- 691 -3312 Borough Manager
PDennis @MechanicsburgBorough.org
March 5, 2013
Jayson and Lori Hammond .
! 523 East Simpson Street
I Mechanicsburg, Pa 17055
i ..
RE: PAST DUE INVOICE FOR CONCRETE WORK COMPLETED AT YOUR PROPERTY LOCATED AT 523 EAST
SIMPSON STREET
Dear Ms. Tsapla:
The Borough notified ou on October 24 2012 and d February 1, 2013 of the amount due the Borough for
concrete work completed by the Borough contractor, Rogele Inc. at your property located at 523 East
Simpson Street. Your payment in full or a signed payment plan was due to the Borough no later than
! March 3, 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 April 4, 2013.
Thank you in advance for your prompt attention to this matter. The Borough Office is open Monday
i through Friday from 8:30 a.m. to 4:30 p.m. Feel free to contact us during those hours to discuss a
payment plan.
Sincerely,
C.
Patrick Dennis
Borough Manager
PED /tsh
Enc.
First Class Mail (03- 05 -13)
Certified Mail #: 7010 - 1870 -0001 -6871 -1354 (03- 05 -13)
1
Exhibit B — Page 1 of 2
" � goroug�
of M
.BOROUGH OF MECHANICSBURG
36 WEST ALLEN STREET
MECHANICSBURG, PA 17055 INVOICE N0.
12 -00310
INVOICE DATE: 10/24/12
DUE DATE: 03/03/13
]AYSON & LORI HAMMOND CUSTOMER #: HAMMONDJ
523 EAST SIMPSON STREET
MECHANICSBURG, PA 17055
rt TITY /UNIT SERVICE ID DESRTPTZON ( <`�
�.. UNIT PRICE AMOUNT
0.00/LF CAP CURB CONCRETE RESTORA7`IO�V • COITRAC�f 'a
,, 41.0000 1,640.00
523 E SIMPSO - CURB
22.22/Sy CAP SIDE CONCRETE RESTORATION'CONTRACf-
' � 97.5000 2,166.45
523 E SIMPSON S7',`= Si6E '
1.00 PENCAPSD ADM FEE FOR -us .
380.6400 380.64
10 % ADMINISTRATIVE -P'" ..,
TOTAL INVOICE 4,187.09
- - -- -- ------------------------------------------- -
PL SE DETACH AT PERFORATION AND RETURiN.T ;IS PORTION � � ----- - -- - -! - -
BOROUGH OF MECHANICSBURG
36 WEST ALLEN STREET
MECHANICSBURG PA 17055 •Ilivoice Id: :12-00310
Customer -ld: HA MONDJ
JAYSON & LORI HAMMOND
523 EAST SIMPSON STREET 0 6e ";Dave: 03/03/13
MECHANICSBURG, PA 17055
Total Pie:
4,187.09
Exhibit B - Page 2 Of 2
T7 Ell
TF'
COYNE &COYNE, P.C.
5
Lisa Marie Coyne, Esq., 2LI13 MAY 16 AM N: -4
PA Supreme Court ID No. 53788 CUMBERLAND COUNTY
3901 Market Street PENNSYLVANIA
Camp Hill, PA 17011-4227
(717) 737-0464
Fax: (717)737-5161 Solicitor for Borough of Mechanicsburg
BOROUGH OF IN THE COURT OF COMMON PLEAS
MECHANICSBURG, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Claimant
V.
NO. 13-2229 M.L.D.
Jayson E. Hammond and
Lori Zipay,
Defendant MUNICIPAL LIEN
PRAECIPE FOR ENTRY OF SATISFACTION
TO THE PROTHONOTARY:
Please enter satisfaction in the above captioned Lien on payment of Prothonotary's
costs.
BOROUGH OF MECHANCISBURG
-7
By:
LisaCWrie Coyne, Esq4ire
PA Supreme Court ID No. 53788
Coyne & Coyne, P.C.
2901 Market Street
Camp Hill, PA 17011
(717) 737-0464
Date: May 10, 2013 Solicitor for the Borough of Mechanicsburg
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