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HomeMy WebLinkAbout13-2434 r� Hubert X. Gilroy, Esquire I.D. No. 29943 a cD MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 2t C� :Z MARTSON LAW OFFICES Z tv r�) 10 East High Street¢ --- -- Carlisle, PA 17013 (717) 243 -3341 Attorney for Plaintiff NORTH MIDDLETON AUTHORITY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2013- �/7 3 y MLD TERM HEATHER PRYOR, 7 Defendant MUNICIPAL LIEN FOR SEWER SERVICES North Middleton Authority, North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania by its solicitor, Martson Deardorff Williams Otto Gilroy & Faller, hereby files its claim for sewer services against the real estate hereinafter described and sets forth its claim as follows: STATEMENT OF CLAIM 1 The name of the municipality by which this claim is filed is North Middleton Authority, a municipal authority of the Commonwealth of Pennsylvania, located in the County of Cumberland and organized pursuant to ordinances of North Middleton Township. 2 The name of the owner of the property against which this lien is filed is Heather Pryor of 771 Longs Gap Road, Carlisle, Pennsylvania 17013. 3 A description of the property against which this Lien is filed is attached hereto and marked as Exhibit "A" with an address of 771 Longs Gap Road, Carlisle, Pennsylvania. 4 The authorities under and by virtue of which this Lien is filed is the Municipal Claims and Liens Act of May 16, 1923, P.L. 207, as amended and supplemented, 53 P.S. 7101 et seq. T6 � '6 5 The lien is claimed for unpaid water and sewer user fees against the above - described property in the amount of $349.65, plus any additional fees incurred thereafter. 6 Interest is claimed on the above - mentioned fees until paid in full. NORTH MIDDLETON AUTHORITY Dated: May `� ' 2013 By: rl 9� Hubert X. Gilroy, Esquire Solicitor for North Middl ,ton Authority Martson Law Offices 10 East High Street, Carlisle, PA 17013 (717) 243 -3341 TO THE PROTHONOTARY Sir: Since payment of the above claim has not been made, please enter same in proper tax and municipal lien docket, and upon judgment index and locality entities index, according to law. NORTH MIDDLETON AUTHORITY: By: a ek Hubert X. Gilroy, Esg6ire Solicitor for North iddleton Authority Martson Law Of ces 10 East High St et, Carlisle, PA 17013 (717) 243 -3341 CERTIFICATE OF SERVICE I, Margaret Ann Nash, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Lien was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Heather Pryor 771 Longs Gap Road Carlisle, Pennsylvania 17013 MARTSON LAW OFFICES By Margare M AI sh Ten Easeet Carlisle, 3 (717) 243 -3341 Dated: May , 2013 FARLESUients \12336 NMA \12336.1 GeneraR123363 Liens 2013\P1aced\12336.1.PRY0R771 Longs Gap Road.wpd EXHIBIT " 3.3 9 �a 4 • 1II1���� �I 11111111I�11 001 ARU Tax Parcel Number: 015 THIS INDENTURE made the =21a A day of ZAoe 2008 A.D. between LOUISE E. BARR, in her capacity as Trustee of the `FUNDED REVOCABLE TRUST AGREEMENT BY LOUISE E. BARR, AN UNREMARRIED WIDOW, WITH HERSELF AS TRUSTEE ... FOR THE BENEFIT OF THE SAID LOUISE E. BARR," dated August 10, 2001, of the first part, hereinafter called the Grantor, by CHARLES E. SHIELDS, III, her Attorney -In- Fact, and Agent, specially constituted by Power of Attorney, dated the /(d /k day of September A.D. 2008, and recorded in the Recorder of Deeds office in and for � a833 Q� a Cumberland County in pvliscella�uaeus 8EC ^ *� n ^ ^� v' ^i„",P /N ST , et seq., as by reference thereunto appears, Grantor, and HEATHER PRYOR, single woman, of Chambersburg, Franklin County, Pennsylvania, of the second part, hereinafter call the Grantee: WHEREAS, the said LOUISE E. BARR, then of Carlisle, Cumberland County, Pennsylvania, executed and delivered unto herself, the same said LOUISE E. BARR, her written Revocable Trust Agreement dated August 10, 2001, which is currently unrecorded for purposes of privacy, wherein and whereby she appointed herself, the same said LOUISE E. BARR, as Trustee of the property, real and personal, therein set forth, including the premises hereinafter more particularly described, for the uses and purposes therein set forth, and authorized and empowered her said Trustee at Pages 2 and 3 thereof, as follows, to wit: " SIXTH : Trustee shall have the following powers in addition to those vested in her by law and by other provisions of this Trust, applicable to all property, whether principal or income, exercisable without court approval, and effective until actual distribution of all property: C.) To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as she deems proper." AND WHEREAS, pursuant to said Trust Agreement and the intent thereof, the said LOUISE E. BARR, by her Corrective Special Warranty deed dated October 11, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 248, Page 4183, granted and conveyed the premises hereinafter described, inter alia unto the said LOUISE E. BARR, as Trustee of the said "FUNDED REVOCABLE TRUST AGREEMENT BY LOUISE E. BARR, AN UNREMARRIED WIDOW, WITH HERSELF AS TRUSTEE ... FOR THE BENEFIT OF THE SAID LOUISE E. BARR" dated August 10, 2001, the Grantor herein, in fee: NOW, THIS INDENTURE WITNESSETH, that the said Grantor, for and in consideration of the sum of ONE HUNDRED THIRTY -THREE THOUSAND SEVEN HUNDRED and No /100ths ($133,700.00) DOLLARS, to her in hand paid by the said Grantee, at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, and confirmed, and by these presents, do grant, bargain, sell, alien, release, and confirm unto the said Grantee, her heirs and assigns: ALL THOSE THREE (3) CERTAIN tracts of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of the Long's Gap Road at the dividing line between Lots 15 and 16 on the hereinafter mentioned Plan of Lots; thence by said dividing line east 171 feet, more or less, to the West side of a proposed drive; thence by said proposed drive, South 60 feet to the dividing line between Lots 16 and 17 on said Plan; thence by said dividing line, West 173 feet, more or less, to the center of Long's Gap Road; thence by center of said road, North 60 feet to the point of BEGINNING. BEING Lot No. 16 on Plan of Lots laid out by Amos L. Keck and recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book 4, Page 52. The building line on said lot is 20 feet east of the fence line as shown on said Plan of Lots. HAVING THEREON ERECTED a single dwelling house. TOGETHER with the right to the said Grantee, her heirs, successors, and assigns, to use the well located on the dividing line between Lot No. 15 and the lot herein described, in common with the owner of said Lot No. 15, his heirs and assigns. The cost of maintaining said well shall be borne equally by the owners of the two tots of ground. TRACT NO. 2: BEING bound on the North by Lot No. 16 of that certain plan of lots in North Middleton Township, laid out for Amos D. Keck and duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 4, Page 52, on the East by a proposed drive as laid out on the aforesaid Plan of Lots; on the South by Lot No. 18 and on the West by the Long's Gap Road and being sixty (60) feet in front along the Long's Gap Road and extending in depth one hundred seventy-four and twenty hundredths (174.20) feet from the center of the Long's Gap Road. It being Lot No. 17 as shown on the aforesaid Plan of Lots. TRACT NO. 3: BOUNDED on the North by Lot No. 17 on the East by public alley. On the South by property now or formerly of Mr. Lehman. On the West by Long's Gap Road. Said lot of ground being known as Lot No. 18 in a Plan of Lots laid out by the said Amos L. Keck in February 1948, and recorded in the Office of the Recorder of Deeds in Plan Book 4, Page 49. BEING THE SAME PREMISES which Louise E. Barr, an unremarried widow, by her corrective deed dated October 11, 2001, and recorded in the said Recorder's Office in Deed Book 248, Page 4183, granted and conveyed unto LOUISE E. BARR, TRUSTEE, in Trust, for the uses and purposes of that certain "FUNDED REVOCABLE TRUST AGREEMENT BY LOUISE E. BARR, AN UNREMARRIED WIDOW, WITH HERSELF AS TRUSTEE.. . FOR THE BENEFIT OF THE SAID LOUISE E. BARR" dated the 10` day of August, A.D. 2001, Grantor 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 Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns, forever. AND THE SAID GRANTOR, Trustee, as aforesaid, her successors and assigns does covenant, promise and agree to and with the said Grantee, her 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 part thereof, is, are, shall or may be impeached, charged or encumbered in title, or otherwise howsoever. IN WITNESS WHEREOF, the said Trustee of the "FUNDED REVOCABLE TRUST AGREEMENT BY LOUISE E. BARR, AN UNREMARRIED WIDOW, WITH HERSELF AS TRUSTEE ... FOR THE BENEFIT OF THE SAID LOUISE E. BARR ", Grantor herein, has hereunto set her hand and seal the day and year first above written by her said above - appointed Attorney -In -Fact and Agent, Charles E. Shields, III. Signed, Sealed and Delivered in the Presence of: C1 (SEAL) LOUISE E. BARR, Trustee of the "FUNDED REVOCABLE TRUST AGREEMENT BY LOUISE E. BARR, AN UNREMARRIED WIDOW, WITH HERSELF AS TRUSTEE ... FOR THE BENEFIT OF THE SAID LOUISE E. BARR ", by CHARLES E. SHIELDS, III, her Attorney -In -Fact and Agent COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this c 2& /it day of. j4at A.D. 2008, before me a Notary Public, in and for the Commonwealth of P nnsylvania, personally appeared CHARLES E. SHIELDS, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above Indenture as Attorney -in -Fact and Agent for LOUISE E. BARR, Trustee, as aforesaid, and acknowledged that he executed the same as the act of his principal for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. Notary Public My commission expires: (SEAL) / -COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amber R. Hail, Notary Public City Of York, York County My Commission Expires Oct 25, 2010 Member, Pennsylvania Association of Notaries CERTIFICATE OF RESIDENCE I do ereby ce ify th he precise nd exact pos ffice address of the within Grantee is: _ 2 1 71 r�qf Dr�� r�i�/'�r S� l X013 I or ntee ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - `' �• 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 = "` Instrument Number - 200833982 Recorded On 10/14/2008 At 2:28:52 PM * Total Pages - 5 * Instrument Type - DEED Invoice Number - 30556 User ID - JM * Grantor - BARR, LOUISE E TRUST *Grantee - PRYOR, HEATHER * Customer - BLAKEY, YOST, BUPP & RAUSCH LLP * FEES STATE TRANSFER TAR $1,337.00 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $668.50 DISTRICT NORTH MIDDLETON $668.50 TOWNSHIP TOTAL PAID $2,722.50 I Certify this to be recorded in Cumberland County PA * c ure 0 S e � /D RECORDER O D EDS rnso • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III IIIIIII I �IIII III III NORTH MIDDLETON AUTHORITY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. MLD -2434 - 2013 HEATHER PRYOR, Defendant r-- PRAECIPE �- c TO THE PROTHONOTARY: ` Please mark the Lien in the above-captioned matter as satisfied and paid in full. MARTSON LAW OFFICES By: Hubert X. G' oy, Esquire Solicitor f6r North Middleton Authority Martson Deardorff Williams Otto Gilroy&Faller 10 East High Street Carlisle,Pennsylvania 17013 (717)243-3341 Dated: June , 2013 c0!t 9035 1 CERTIFICATE OF SERVICE I, Margaret Ann Nash, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Heather Pryor 771 Longs Gap Road Carlisle, PA 17013 MARTSON LAW OFFICES By e Marg r Nash Ten E st Hi Street Carlis , 7013 (717) 243-3341 Dated: June , 2013