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Home My WebLink About13-4112 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. -.Ic PA Supreme Court ID No. 53788 .';= !"HE 3901 Market Street Camp Hill, PA 17011 -4227 2083 AL 16 9: 59 (717) 737 -0464 CUMBERL/' P AD ,`�� Fax: (717) 737 -5161 Solicitor foriB[6j tiuicsburg BOROUGH OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 3 ' L l �/� M.L.D. Leonard P. Kirby Defendant MUNICIPAL LIEN MUNICIPAL LIEN FOR SEWER /REFUSE RATES 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. 0 2 / .SV 'p .4 4. Plaintiff has made demands for payment for services; however, Defendants) have not made payments for the services provided. 0--4 ff /& 5. The authority under which this claim is filed is the Act of May 16, 1923 P.L. 207, Section 9, et seq ., 53P.S. §7143, as amended. 6. A description of the property against which this claim is filed is: 108 South Chestnut Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 17 -23- 0565 -262 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 six hundred fourteen dollars and sixty seven cents ($614.67), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is July 1, 2012 to June 30, 2013 on Sewer and Refuse Account 2956 -0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of six hundred fourteen dollars and sixty seven cents ($614.67), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG B Lisa Marie 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: July 17, 2013 COMMONWEALTH OF PENNSYLVANIA) )ss COUNTY OF CUMBERLAND ) ke Patrick E. Dennis, being duly sworn according to law, deposes and says that4+e is the effree- Manager for the Borough of Mechanicsburg, and that the facts set forth in the foregoing instrument his are true and correct to the best of 4,er knowledge, information an Patrick E. Dennis, Borough Manager Sworn to and subscribed before me this 11th lay o uqT SEAL Leslie S Hocker _ NOTARY PUBLIC Mechanicsburg Boro, Cumberland County My mmis Expires 04 r Notary Public i Prepared by and return to: Murrel R. Walters III, Esq. 54 East Main Street Mechanicsburg, PA 17055 717- 697 -4650 UPI# 17 -23 -0565 -262 DEED .r- MADE THIS ti day of J C,c _ i , in the year of our Lord two thousand eight (2008). BETWEEN JULIE A. WITT and LEONARD P. KIRBY, Co- Executors of the Estate of PATRICIA A. KIRBY, Grantors and LEONARD P. KIRBY, Grantees WHEREAS, PATRICIA A. KIRBY was vested in her lifetime with premises hereinafter described, situate in Cumberland County, Pennsylvania; and WHEREAS, the said PATRICIA A. KIRBY died June 11, 2008; and WHEREAS, JULIE A. WITT and LEONARD P. KIRBY qualified as Co- Executors of the Estate of PATRICIA A. KIRBY and the Cumberland County Register of Wills assigned the Estate No. 21 -08 -0747. WHEREAS, Paragraph 3 (b) of the Will states, "I give, devise and bequeath my house and lot of Ground, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, presently known and numbered as 108 South Chestnut Street, Mechanicsburg, Pennsylvania, to my son, LEONARD P. KIRBY, absolutely and unconditionally ". NOW THIS INDENTURE WITNESSETH, that the said Grantors, for and in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, to them in hand paid by the said Grantee, at and before the sealing and deliver hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released and confirmed, and by these presents, and do grant, bargain, sell, alien, release and confirm unto the said Grantee, his heirs and assigns, 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 1 of ALL THAT CERTAIN house and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described according to survey of Robert E. Stiffler, Registered Surveyor, dated June 19, 1970, as follows, to wit: BEGINNING at a point in the western line of South Chestnut Street, at corner of lot now or formerly of Mrs. Robert Smith; thence extending along the western line of South Chestnut Street, South 19 degrees 00 minutes East, a distance of forty (40) feet to a point at corner of lot now or late of Herbert Getz and wife; thence extending along the line of said land now or late of Herbert Getz and wife, South 71 degrees 00 minutes West, a distance of one hundred ten (110) feet to an iron pin at corner of lands now or formerly of Samuel S. Fetrow; thence extending along the same, North 19 degrees 00 minutes West, a distance of forty (40) feet to an iron_ pin at the southwest corner of lot now or formerly of Mrs. Robert Smith, aforesaid; thence extending along the line of said lot now or formerly of Mrs. Robert Smith, North 71 degrees East, a distance of one hundred ten (110) feet to a point in the western line of South Chestnut Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a single family frame dwelling house numbered 108 South Chestnut Street, Mechanicsburg, Pennsylvania. BEING the same premises which Samuel S. Fetrow and Zula M. Fetrow, husband and wife, by Deed dated July 6, 1970 and recorded in Cumberland County Deed Book "R ", Volume 23, Page 901, granted and conveyed unto Paul E. Kirby and Patricia A. Kirby, husband and wife. Paul E. Kirby died February 1, 2007, whereupon sole title to said premises became vested in Patricia A. Kirby, by virtue of the doctrine of survivorship incident to tenancies by the entireties. THIS TRANSFER IS EXEMPT FROM TRANSFER TAX BECAUSE IT IS A TRANSFER BY TESTATE SUCCESSION FROM CO- EXECUTORS TO THE DECEDENT'S DEVISEE. TOGETHER with all and singular the building and improvements, ways, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released, 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 Grantors do covenant, promise and agree to and with the said Grantee, his heirs and assigns, by these presents, that the said Grantors 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 encumbered, in title, charge, estate, or otherwise howsoever: 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 2 of 1 WITNESS the due execution hereof the day, month and year first above written. WITNESS: S JULI A. WITT, Co- Executor of the Estate ahicia A. Kirby 1 LEONARD P. KIRBY, Co- Executor f he Estate of Patricia A. Kirby COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this, the ( / day of It v 61 c' �: ti , 2008, before me, the undersigned officer, personally appeared Julie A. Witt, Co- Executor of the Estate of Patricia A. Kirby, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWF,AL 0F.MMYL Notarial Seat Notary Public Annette C. Myers, Notary Public Lower Allen fwp., Cumberland County MY Commission ExPires M=h 2, 2011 Member, P&msylvar Assode n of Now a 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 3 of 6 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this, the ,;1a^' `( day of ��-� , 2008, before me, the undersigned officer, personally appeared Leonard P. Kirby, Co- Executor of the Estate of Patricia A. Kirby, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public w NOTARIAL SEAL DIANE M iMtTN Notary Public FMv HANIC CIS AMIUM com mission Expiros Jun 22, *12 I certify that the precise address if the within Grantee is Attorney for 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 4 of i REV -187 E:( (6 - 96) RECORDER'S USE O NLY State Tax Paid REALTY TRANSFER TAX .- Book Number COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE a7/ 5 Ll DEPARTMENT OF REVENUE { Page Number BUREAU OF INDIVIDUAL TAXES I 9 ;;z u ' G � DEPT. 280603 I Date Recorded ) HARRISBURG, PA 17128-0603 See Reverse for Instructions -(, /• Complete each section and file in duplicate with Recorder of Deeds when (1) the full value /consideration 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: Nome Telephone Number: Murrel R- Wa ters • III Esq. Area Cod ( 7171 697 -4650 Street Address City State Zip Code 54 East Main Stree Mechanicsburg, PA 17055 B TRA NSFER DATA Date of Acceptance of Document Grontor(s) /Lessor(s) Julie A. Witt and L e o n a r d P Grantee (s) /Lessee(s) Kirby, Co- Executors of the Estate of Pat a i A A Ki�hv Street Address Street Address 54 East Main Street P.O. Box 565 City State Zip Code City State Zip Code Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 C PROPERTY LOCATION Street Address City, Township, Borough 108 South Chestnut Street Mechanicsb rq Borough County School District Tax Parcel Number Cumberland Mechanicsburg 17- 23- 0565 -262 D VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration 1-00 + 0 = 1.00 A. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value 8 0,290.00 x 1.26 = 101,165.40 E EXEMPTION DATA Ia. Amount of Exemption Claimed 16. Percentage of Interest Conveyed 2,023.31 100 2. Check Appropriate Box Below for Exemption Claimed ® Will or intestate succession Patricia A. Kirby 21 -08 -0747 (Nome 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 I , I 'clot that I hav .examined this Statement, including accompanying information, and to the best of my knowledge and belief, i is t e, c rectpo corn e. Signature o C span nt or We Party Date 1 i l �t j- L Murrel R. Walters, III t✓G FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 5 of: i ROBERT P. ZIEGLER RECORDER OF DEEDS P CUMBERLAND COUNTY z 1 COURTHOUSE SQUARE CARLISLE, PA 17013 , r> 717- 240 -6370 Instrument Number - 200828193 Recorded On 8/19/2008 At 8:35:15 AM * Total Pages - 6 • Instrument Type - DEED Invoice Number - 27306 User ID - RAK • Grantor - KIRBY, PATRICIA A • Grantee - KIRBY, LEONARD P • Customer - WALTERS * 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 legal 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 J r � yOF c � e �� x � O ° RECORDER O D EDS 10 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 010ZMR III III Ilillll IIII I VIII i III 07/09/2013 10:14:31 AM CUMBERLAND COUNTY Inst.# 200828193 - Page 6 of (7.-) r MARCH,HURWITZ&DeMARCO,P.C. Oh r-- t Joseph M.DeMarco,Esquire �7> Attorney I.D.No.44061 -= ..o Kristen E.Lizzano,Esquire 7".o Attorney I.D.No.307247 c) 1100 North Providence Road CJ7 P.O.Box 108 -< Media,Pennsylvania 19063 (610)565-3950 Attorney for Defendant,LEBO's Plumbing Heating and Air Conditioning IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW DARRYL K. GUISTWITE, and MICHELLE L. GUISTWITE, Plaintiffs, Case No. 12-4112 v. JURY TRIAL DEMANDED LEBO'S PLUMBING HEATING AND AIR CONDITIONING, Defendant. PRAECIPE TO LIST MATTER FOR ARGUMENT TO THE PROTHONOTARY: Pursuant to Local Rules 1035.2(a)and 1028(c),kindly list the foregoing Motion for Summary Judgment filed in the above-captioned matter for argument on September 27, 2013. MARCH, HURWITZ &DeMARCO, P.C. Dated: September 5, 2013 Joseph M. DeMarco, Esquire Kristen E. Lizzano, Esquire Attorneys for Defendant, Lebo's Plumbing Heating and Air Conditioning MARCH,HURWITZ&DeMARCO,P.C. Joseph M.DeMarco,Esquire Attorney I.D.No.44061 Kristen E.Lizzano,Esquire Attorney I.D.No.307247 1100 North Providence Road P.O.Box 108 Media,Pennsylvania 19063 (610)565-3950 Attorney for Defendant,LEBO's Plumbing Heating and Air Conditioning IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW DARRYL K. GUISTWITE, and MICHELLE L. GUISTWITE, Plaintiffs, Case No. 12-4112 v. JURY TRIAL DEMANDED LEBO'S PLUMBING HEATING AND AIR CONDITIONING, Defendant. CERTIFICATE OF SERVICE I,JOSEPH M.DeMARCO,ESQUIRE,do hereby certify that on September 5,2013,1 served a true and correct copy of the foregoing Praecipe to List Matter for Argumentupon the below named parties via First Class Mail,postage prepaid. Andrew H. Shaw, Esquire Andrea L. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle,PA 17013 MARCH, HURWITZ &DeMARCO, P.C. Dated: September 5, 2013 // , Jos ph M. DeMarco, Esquire Kristen E. Lizzano, Esquire Attorneys for Defendant, Lebo's Plumbing Heating and Air Conditioning 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 FILED -OFFICE r` THE PROTHONOTArti anti OCT 10 PM 3: 06 CUMBERLAND TY PENNSYLVANIA Solicitor for Borough of Mechanicsburg BOROUGH OF MECHANICSBURG, PENNSYLVANIA Claimant v. Leonard P. Kirby Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. 13-4112 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. By. Date: September 26, 2014 BOROUGH OF MECHANCISBURG f arie Coyne, Esduire Supreme Court ID No. 53788 Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Solicitor for the Borough of Mechanicsburg *-5cPA rvr-i otIsaq e3ia,90