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HomeMy WebLinkAbout13-5673 Hubert X. Gilroy, Esquire C - I.D. No. 29943 _ -~� MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -`�, MARTSON LAW OFFICES ca =mss 10 East High Street ° ` —c Carlisle PA 17013' -�' (717) 243 -3341 > Attorney for Plaintiff C;:: NORTH MIDDLETON AUTHORITY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2013- �'(� 73 MLD TERM ROGER A. HOLT and MARNA L. HOLT, : Defendants 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 names of the owners of the property against which this lien is filed are: Roger A. Holt and Marna L. Holt, 1920 Maplewood Drive, 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 1920 Maplewood Drive, Carlisle, Pennsylvania 17013. 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. f'Zt. -r0 #,I- 5 The lien is claimed for unpaid water and sewer user fees against the above - described property in the amount of $392.46, plus any additional fees incurred thereafter. 6 Interest is claimed on the above - mentioned fees until paid in full. NORTH MIDDLETON AUTHORITY Dated: _ By: Hubert X. Gilroy, E quire Solicitor for North Middleton 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: 6W a Hubert X. Gilr , Esquire Solicitor for orth Middleton Authority Martson Law Offices 10 East High Street, 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: Roger A. & Marna L. Holt 1920 Maplewood Drive Carlisle, PA 17013 MARTSON LAW OFFICES '_ �— By Mar e Nash Ten jEsi Hi S treet Carl, 7013 (717) 243 -3341 Date V , 2013 F:\F1LES \Clients \12336 NMA \12336.1 General\12336.1 Liens 2013\Placed \12336.I.HOLT, 1920 Maplewood Drive.wpd EXHIBIT " � IIIIIIIII{III I II I I II III 0018H3 Tax Parcel No.: 29- 16- 1094 -224A THIS INDENTURE f MADE THE J c � day of Tanit� in the year of our Lord two thousand nine (2(V9) BETWEEN MICHAEL J. MCCLINTOCK, Executor of the Last Will and Testament of CECIL L. MCCLINTOCK, decreased, late of North Middleton Township, Cumberland County, Pennsylvania, party of the first part, GRANTOR, AND ROGER A. HOLT, and MARNA L. HOLT, husband and wife, of 602 Huntington Avenue, Enola, Pennsylvania 17025 parties of the second part, GRANTEES, WHEREAS, Cecil L. McClintock died a widower on April 13, 2008, seized in fee of the hereinafter described real estate, and WHEREAS, by his Last Will and Testament dated November 15, 2007, since his death duly proved and remaining of record in the Office of the Register of Wills in and for Cumberland County, at Carlisle, Pennsylvania, and filed to Estate No. 2008 -00436 with record of payment of Pennsylvania Transfer Inheritance Tax filed to said Estate No. 2008 - 00436, provided in said Last Will and Testament, inter alia, as follows: "4. 1 hereby nominate, constitute and appoint my son, MICHAEL J. MCCLINTOCK as Executor of this my Last Will and Testament, and I further direct that he shall not be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction." WHEREAS, Letters Testamentary in the Estate of Cecil L. McClintock, Deceased, were issued by the Cumberland County Register of Wills to Michael J. McClintock, on April 17, 2008, without the requirement that any bond be posted by him, which Letters remain in full force and effect, and, WHEREAS, Section 3351 of the Probate Estate and Fiduciaries Code (20 Pa. C.S.A. 335 1) gives a personal representative the power to sell at public or private sale any real property not specifically devised, and, WHEREAS, the hereinafter described real property was not specifically devised. NOW THIS INDENTURE WITNESSETH, that the said Grantor for and in consideration of the sum of FIFTY -NINE THOUSAND, FIVE HUNDRED AND Page t of 3 NO1HUNDREDTHS -- ($59,.500.00)- - DOLLARS lawful money of the United States, to them in hand paid by the said Grantee, her heirs and assigns, at and before the sealing and deliver hereof, the receipt wherenf' 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 Grantees, their heirs and assigns, as tenants by the entirety, ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, Cumberland County, Pennsylvania, the same being bounded and described as follows: BEGINNING at at point at the southwestern corner of North Wynnwood Drive and East Wynnwood Drive as set forth in the hereinafter mentioned Plan of Lots; thence South 3 degrees 45 minutes West along the western side of said East Wynnwood Drive, a distance of 95 feet to a point at Lot No. 2 in said Plan of Lots; thence North 82 degrees 32 minutes West along said Lot No. 2, a distance of 65 feet to a point; thence North 3 degrees 45 minutes East a distance of 103 feet, more or less, to a point on the southern side of said North Wynnwood Drive; thence South 78 degrees 15 minutes East along said southern side of North Wynnwood Drive a distance of 65 feet more or less, to the point or Place of BEGINNING. HAVING erected thereon a former mobile home, now permanently affixed to the real estate, known as and numbered 1920 Maplewood Avenue, Carlisle, Pennsylvania 17013. BEING the eastern 65 feet of Lot No. 21 in the Plan of Lots known as Valley View No. 2, said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 4, Page 62. SUBJECT to the covenants and restrictions as set forth in the above mentioned Plot Plan. THE ABOVE described property is all of the property which Dennis E. Hurley, and Dorothy A. Hurley, husband and wife, by deed dated August 1, 2007 and recorded August 1, 2007, in the Office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, as Instrument No. 2007 - 30066, granted and conveyed to Cecil L. McClintock, whose Executor is the Grantor herein. TOGETHER with all and singular 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 of the said Cecil L. McClintock at and immediately before the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD, the said buildings, hereditaments and premises hereby granted and released, or mentioned and intended so to he, with the appurtenances, unto the said, Grantees, their heirs and assigns, to and fbr the only proper use and behogf of the said Grantees, their heirs and assigns, forever. AND the said Grantor does covenant, promise and agree, to and with the said Grantees their heirs and assigns, by these presents, that he the said Grantor, has 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. Page 2 of 3 WITNESS the due execution hereof the day month and year first above written, WITNESS: A L) Mi hael J. intock, Executor of the Last Will and Testament of Cecil L. McClintock, Deceased Commonwealth of Pennsylvania } SS. County of ( 1.{ 215 ^ 0 On this, the a day of 2009, before me, the undersigned officer, CK personally appeared MICHAEL J. MCCLINTO, Executor of the Last Will and Testament of CECIL L. MCCLINTOCK late of North Middleton Township, Cumberland,,,Coafrty,, Pennsylvania, Deceased, known to me (or satisfactorily proven) to be the perscA ndme'i5 " subscribed to the within instrument, and acknowledged that he executed the S in th capacities therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Jtiu �e CJs' t.�� (SEAL) oTN+w. sM �M 29, :010 64Y COMMAsdon Ex"', !� ... I do hereby certify that the precise residence and complete_ post office address of the within named Grantees is L A Lnq t l rq� AVc , Eoc l o— Pa 1 '70a!5 Attorney for Grantee Page 3 of 3 • ROBERT P. ZIEGLER RECORDER OF DEEDS ; � CUMBERLAND COUNTY 1 COURTHOUSE SQUARE'- CARLISLE, PA 17013 717 -240 -6370 },... Instrument Number - 200903347 Recorded On 2/9/2009 At 8:44:00 AM * Total Pages - 4 • Instrument Type - DEED Invoice Number - 36776 User ID - KW • Grantor - MCCLINTOCK, CECIL L • Grantee - HOLT, ROGER A • Customer - ABSTRACT LAND * FEES STATE TRANSFER TAX $595.00 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $10.00 DO NOT DETACH JUSTICE 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 $297.50 DISTRICT NORTH MIDDLETON $297.50 TOWNSHIP TOTAL PAID $1,238.50 I Certify this to be recorded in Cumberland County PA of" CU O J ° A ° RECORDER O D EDS nao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0018113 IIIIIIII 1111111 111 NORTH MIDDLETON AUTHORITY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : MLD - 2013-5673 ROGER A. HOLT and MARNA L. HOLT, Defendants • PRAECIPE TO THE PROTHONOTARY: Please mark the Lien in the above-captioned matter as satisfied and paid in full. MARTSON LAW OFFICES By: Hubert X. Gilroy, E uire Solicitor for North iddleton Authority Martson Deardorff Williams Otto Gilroy&Faller 10 East High Street Carlisle,Pennsylvania 17013 (717) 243-3341 Dated: January a U , 2014 C# 79419 ,8# 3° 0,433 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: Roger A. & Mama L. Holt 1920 Maplewood Drive Carlisle, PA 17013 MARTSON LAW OFFICES By ■ n_ Marga - A, Nash Ten Ea.t Hig' Street Carlisle\ PA- 7013 (717) 243-3341 Dated: January , 2014