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HomeMy WebLinkAbout13-5734 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 V. NO.' 3 — s73 M.L.D. Debra R. Kenes � 1 7) ; T' sp Defendant MUNICIPAL LIEN C >C- MUNICIPAL LIEN FOR SEWER /REFUSE RATES -4 r_n =" '7 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. 4. Plaintiff has made demands for payment for services; however, 4.2 SZ Defendant(s) have not made payments for the services provided. C-srs- a9( ��{s` 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: 123 South Walnut Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 17 -23- 0565 -253 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 five hundred eighty two dollars and eighty cents ($582.80), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is October 1, 2012 to September 30, 2013 on Sewer and Refuse Account 2945 -0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of five hundred eighty two dollars and eighty cents ($582.80), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG By: 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: October 2, 2013 COMMONWEALTH OF PENNSYLVANIA) )ss COUNTY OF CUMBERLAND ) Patrick E. Dennis, being duly sworn according to law, deposes and says that she is the Office Manager for the Borough of Mechanicsburg, and that the facts set forth in the foregoing instrument are true and correct to the best of her knowledge, information and belief. --� -- £ .0 Patrick E. Dennis, Borough Manager Sworn to and subscribed before me this 1st day of October, 2013. --. NOTARIAL SEA Leslie S Hockey NOTARY PUBLIC - Mechanicsburg Boro, Cumberland County My Commission Expires 04/02/2017 Notary Public a:Uealest6\MAJORHAR.DED(amd) I" 3784 . I.i:LAN1)000NTY - C. 1 TAX PARCEL NO. �7Z 1 3 0 465 Ds`? 99 FED 3 AM 8 22 /9 a3 ocG % v?* DEED THIS .DEED made this day of \461V 1991_, by and between HARRIET E. MAJO P,u widow, preser(dy of the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, party of the first part, hereinafter called Grantor, - AND - DEBRA R. KENES, presently of the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, party of the second part, hereinafter called Grantee. THE WITHIN CONVEYANCE CONSTITUTES ATRANSFER BETWEEN A PARENT AND DAUGHTER, AND AS SUCH IS EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAXES. WITNESSETH, that in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, her heirs and assigns, ALL THOSE FOUR CERTAIN TRACTS OF LAND, all situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT #1 BEGINNING at a post on Walnut Street; thence by lot now or formerly of Michael Seifert now Lot No. 2 hereinafter described, eastward one hundred and thirty -three (133) feet, more or less, to an alley; thence along said alley southward thirty (30) feet to a post; thence by lot now or formerly of Sallie Nesbit, westward one hundred and thirty -three (133) feet, more or less, to Walnut Street aforesaid; thence along said Walnut Street northward thirty (30) feet, to the place of BEGINNING. w.. 0— , TRACT #2 BEGINNING at a post on Walnut Street; thence by lot now or formerly of A. C. Huber, now Tract No. 3 hereinafter described, eastward one hundred and thirty -Sour (134) feet to an alley; thence along 765 09/27/2013 10:26:39 AM CUMBERLAND COUNTY Inst.# 199903782 - Page 1 of said alley southward thirty (30) feet to a post; thence along lot now or formerly of Adam Mosey, now Tract No. 1 hereinbefore described, westward one hundred and thirty -four (134) feet to Walnut Street; thence along said Walnut Street northward thirty (30) feet to the place of BEGINNING. HAVING ERECTED thereon a frame dwelling house known as No. 123 South Walnut Street. TRACT #3 BEGINNING at a post on the curb line on said Walnut Street and at corner of Lot No. 2 hereinbefore described; thence along said curb line North thirty (30) feet to lot now or formerly of Alice C. Hays; thence along said lot East one hundred and thirty -seven (137) feet, more or less, to an alley; thence along said alley South thirty (30) feet to Lot No. 2 hereinbefore described; thence along said lot West one hundred and thirty -eight (138) feet, more or less, to the place of BEGINNING. IT BEING THE SAME THREE ADJOINING LOTS OF GROUND which Frances B. Walton and others, by their Deed dated February 21, 1957, and recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 17-0, at page 522, granted and conveyed unto Earl M. Major and Harriet E. Major, his wife. The said Earl M. Major predeceased his wife, thereby cause full fee simple title to vest in Harriet E. Major, his surviving spouse, and the Grantor herein. TRACT #4 BEGINNING at a point on the eastern right -of -way line of Mulberry Road (T -586), said point being located and referenced in a northerly direction along the eastern right -of -way line of Mulberry Road, a distance of 886.29 feet from the northeastern right -of -way intersection of Mulberry Road and Church Road North 0 degrees 14 minutes 55 seconds West, a distance of 344.02 feet to an iron pin at land now or formerly of Lester E. and Virginia A. Vogelsong; thence along said land North 80 degrees 18 minutes 1 second East, a distance of 398.55 feet to an iron pin at the western right -of -way line of the Cumberland Valley Railroad; thence along said right -of -way on the are of a curve curving to the left having a radius of 611 feet, an are length of 121.06 feet to a point; thence along same South 8 degrees 23 minutes 16 seconds West, a distance of 259.68 feet to a point at land now or formerly of Earl M. and Harriet E. Major; thence along said land South 82 degrees 46 minutes 0 seconds West, a distance of 316.91 feet to a point the place of BEGINNING. 09/27/2013 10:26;39 AM CUMBERLAND COUNTY Incttf laaanq-7on CONTAINING 2.786 acres according to a survey prepared by Robert G. Hartman, P.E., dated December 28, 1979. IT BEING THE SAME PREMISES which BWN, Inc. by its Deed dated September 7, 1979, and recorded in the Office of Recorder of Deed of Cumberland County, Pennsylvania, In Deed Book 28 -S, at page 85, granted and conveyed unto Harriet E. Moor, the Grantor herein, AS TO TRACT #4 HEREOF: Together with an easement of a uniform width of thirty -five feet (35'), extending from the north side of Church Road In a generally northerly direction, the eastern side of which easement Is contiguous with the eastern side of other lands which I own and which are located Immediately to the south of Tract #4. Said easement is granted for purposes of providing Ingress, egress and regress from the public street to Tract #4. AND the said Grantor does hereby SPECIALLY WARRANT the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. W ES HARRIET E. MAJOR Lew WN. D. Bm. urr.lil l 7.f IgLC 09/27/2013 10:26:39 AM ....._,.____.........__._. . CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA L� SS. COUNTY OF C On this, the FZ "` day o 121�l� 199_, before me, a Notary Public, the undersigned officer, personalty appeared HARRIET E. MAJOR, 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 purpose therein contained. IN AR EOF I have hereunto et my and and otar' Seal.::': MyownnlpronEapaaoc+. 2W2 l• � i:i�- •:., sir i.�+{�?� .'Z� • . I HEREBY CERTIFY that the precise address of the Grantee heielSJsi �A?:f•'' For the Grantee WM. D. SCHRACK, ill, ESQUIRE 124 West Harrisburg Street P. O. Box 310 Dilisburg, PA 17019 COMMONW LTH OF PENNSYLVANIA SS. COUNTY O RECORDED in the Office of Recording of Deeds in and for C rnberland County, Pennsylvania, in Deed Book , at page 1 l WITNESS my hand and seal of office this day of P 1999. `' •'. ^' .. t'��:; �� RDER OF DEEDS 09/2712013 10:26:39 AM CUMBERLAND COUNTY Inst.# 199903782 - Page 4 of