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HomeMy WebLinkAbout13-5735 3 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 P"^.7 V. NO. 1 3-5739 M. L. D. cri r ; , _._ Edna M. Murphy, 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. 4. Plaintiff has made demands for payment for services; however, �041% l jwhh� Defendant(s) have not made payments for the services provided. C ,$� ?S /Z/ 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: 411 East Marble Street Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 17 -24- 0789 -026 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 eighteen dollars and seventy cents ($618.70), 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 2682 -0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of six hundred eighteen dollars and seventy cents ($618.70), plus cost and reasonable attorney's fees. BOROUGH OF MECHANICSBURG By: D �l —=— 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. Patrick E. Dennis, Borough Manager Sworn to and subscribed before me this 1 st day of October, 2013 NOTARIAL SEAL Leslie S Hocker NOTARY PUBLIC Mechanicsburg Boro, Cumberland County my n Expires 0410212017 Notary Public F r I I DEED. Cu.,J�.., Trance o. G..ao,a 1969 Sold b7 Tba P1.usrnhou Co., !Ill—q-, P.. 17701 7>/ y y II MADE the da of j4a in the year of our Lord, nineteen hundred and ninety -four (1994). BETWEEN DAVID COLIN 11cCAHAN and :t3jlll SIBLc,y McCAHAN ASHBY, Executors of the Last Will and Tostament of 1;ILDRI..-D LL i.ANOR l4cCARAN, late of I the Borough of llechanicsburn,, County of Cumberland and State of .n II I. Ponaylvania, deceased, parties o£ the first part, grantors, 1 u I Ij AND I EU1 ?A YI. LfURP}IY, of Camp ]1111, Cumberland County, Pennsylvania, party of the second part, grantee- WI IEREAS, HILDRED EL.LANOR NcCAIIAN, also` known as I•JILDRED E. MCCAHAN, II died on December 17, 1993; testate, having first made liar Last 4lill ;I nrld Testament dated January 3, 1993, which was duly probated by the llerister of ]fills of Cumborland County, Pennsylvania, on December 27,.• 1 993, wherein and whereby she appointed David Colin 11cCahan and Erin Sibley McCahan Ashby, EXaCI.ltere of her estate, to whom Letters Testamentary %rare issued by the Register of Wills of Cumberland CoLmty, on said date; and UI±E11EAS, at the time of her decease, the said HILDRED BLEAFOR ticCAHAP,' also known as 11ILDRED E. I•IcCAl1AN, was vested with fee simple title in and to tho hereinafter described parcel of real estate; and 11HEREAS, the subject real estate was not specifically devised, this conveyance is made in accordance with authority contained in the provisions of Section 3351 of the Probate, Estates and Fiduciaries Code, Act No. 164, of July 1, 1972, as amended. c— C . i. l Ca , r NOW THIS INDENTURE WITNESSETH; That the said DAVID COLIN McCAHAN and Ef(I:N SIBLL'Y HcCAIJAN ASIMY, Executors of the Last Will and Testament of 11ILDR.RD ELEA11011 McCARAN, also ]mown as HILDRED E. MCCAIIAN, deceased, for and in consideration of the sum of the sutn of Eighty — five Thousand i; ($85,000.00) Dollars, i; lawful money of the United States, to them well and truly paid by the said L'DNA 14. flulPllY, at and before the sealing and delivery hereof, the receipt of which is hereby acknowledged, by virtue of the I; I I power granted by law, have granted, bargained, sold, aliened, released and confirmed, and by these presents d grant, bargain, sell, alien, release and confirm unto the said EDNA 14. IMIPHY, her heirs andass}gnr, ALL THAT CN;RTAIN piece or parcel of land, situate in the Borough of llechaniesburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: - DOOK 1O© PAGE 135 09/27/2013 10:04:03 AM CUMBERLAND COUNTY Inst.# 199421236 - Page 1 of SEGINIJING at a point on the North side of Last Marble Street (52.5) feet wide) at the dividing line between Lots Nos. 6 and 7, Section "C" in the hereinafter mentioned Plan of Lots; thence along said dividing line, North 13 degrees 39 minutes hest, 130.96 feet to a point; thonce South 72 degrees q8 minutes West, a distance of 65.0 feet to Lot No. 5 section "C'; thence along said Lot No. 5, Section "C" South 16 degrees 39 minutes Last, 140.61 feet to the North side of Last Harble Street; thence along the North side of Bast Marble Street, North 71 degrees 21 minutes East, 64.90 foot to Lot No. 7, Section "C ", the place of i BEGINNING. j l BEING Lot No. 6, Section "C ", in the Plan of Blackburn Village, j as recorded in the Cumberland County Recorder's Office in Plan I! Book 5, Page HAVING thereon erected a single brick dwelling house, known as I 1111 East Marble Street, Mechanicsburg, Pennsylvania. BUNG the same promises which John A. Robertshaw and Bella Anne Robertshaw, his wife, by their Deed dated August 22, 1957 and recorded in the Cumberland County Recorder's Office in Dead Book'' "Z ", Volume 17, Pare 1120, granted and conveyed unto Walter D. Ii McCahan and Mildred E. McCahan, his wife. The said halter D. I McCahan died on August 30, 1909, wheroupon sole title in said premises vested in his wife, the said Idildred E. MoCahan, by right of survivorship, whose Executors are the grantors herein. i t I I ,I ii $o a� � d FS I I l i soon 1.09 PAu 1.36 CUMBERLAND COUNTY Inst.# 199421236 - Page 21 09127/2013 10:04:03 AM — - - r i� TOCETI IM with all and singular the buildings, Ij I ways, warcrs, water courses, rights, hhC(IICS, privileges, hcreditaments and appurtenances whatsoever thereunto �) belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and j i also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever of IIILDIUM ELEANOR MCCAIIAN, also known as MILDRLD E. MCCAIIAN, deceased, l I ' in law, equity, or otherwise, howsoever, of, in, to. or out of the same. - 1 TO I [AVE AND TO f IOLD the said buildings , I hereditamcnrs and premises hereby grunted and released, or mentioned and intended so to be, with the appur- l+ lenances, unto the said IZNA M. MURPHY, her heirs t and assigns, to and for the only proper use and behoof of the said I EDNA M. I'fORPIIY, her heirs and assigns, forever. it � t ANDthcsaid DAVID COLIN McCAHAN and ERIN SIBLEY MCCAHAN ASHBY, l Executors of the Last Will and Testament of MILDRED ELEANOR McCAJIAN, I also known as 11ILDRED E. MCCARAN, deceased, I t for themselves and their heirs, executors and administrators, do covenanl, promise and agree, to and with the said EDNA M. A'IURPHY, her heirs and assigns, by these presents, that they the said DAVID COLIN McCAIIAN and ERIN SIBLIs'Y MCCAIIAN ASHBY, Executors as aforesaid, have not done, committed, or knowhlgly, 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 bt impeached, charged or incumbercd, in tide, charge, estate or otherwise howsoever. IN WITNESS WHEREOF, The said DAVID COLIN McCAIIAN and ERIN SIBLI'sY McCAHAN A611BY, Lxecutors as aforesaid, have her—rro set their hands and seals the day and year Grst above written. Eatate of Mildred Eleanor McCahan, IN THE PRESENCE OF: also known as Mildred E. I-IcCahan, e e s d ad ........................ .............................•. (SEAL) . ............................... ....................... ...... ...................... (SEAL,) +: David Colin McCaluart, Executor i rin Sibley 1•ic ahan Ashby, ecu r !` ...................... i f Iren.•br certify bat the precise address of the Slaw herein is; f111 Ras t Marble Streat, Ilocnanicnburg, PA 17 ................. <arr«>, f� Grantee > �a hS i00 :LOS PACs 137 09127/2013 10:04:03 AM CUMBERLAND COUNTY In.o 1QQA 91"a _ o...._ o _r State of Missouri SS: y -' County of ST. 40!//.5 On this, the -2 77 day of 3994 before me a Votary Public, the undersigned officer, personally appeared David Colin McCahan, Executor of the Estate of Mildred Eleanor McCahan, deceased, known to me (or swisfaflorily proves) to be the person svbnse name is subsc,ibed to the within r .. instrrltJ 1, Jged drat he executed the same for ilse purpose therein il l fp~Jf<l:ti �'�t OF, 1 have hereunto se[ m •hand and Official seal. = y� .St'� ..... ............................... m •.; Notary I ublio My Commission Expires ✓ STEPHEN L. DDND, NDTAAr PUBLIC County of St. Louis, state or Ntssoorl t StntR:•.o�"'• "V 7,o Nr Coetasssion Expires Septerter 5 1994 ! f S: I County of I On tbis, the day of 19 9(1 before me a Notary Public It the undersigned officer, personally appeared Erin Sibley McCahan Ashby, Executor of the I j Estate of Mildred Eleanor McCahan, deceased, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within f I instrument, and acknowledged that she execnled the same for (lie purpose tlselein I' contained. IN WI. ,(nJ)i$S WHEREOF, I have hereunto set 1 y l is and � Off y��� scat. v SUE FWVVERS • ......................... Notary Public ...'........_......._.... x : NO= PUALIC, SUIT OF CtDD i 1 o �l ar co 3 =11 otrlNU Ax tt 1!l1:. ................ t i > Or e My Commission Expires o c n H a H u Q r COmmcil"AALmlll/ OFF PLNNSTYVANU �. .t 1 ♦ � f� C011 NTY ".�.[.•�/. T.YY.1^."f .... ( !!t ,. i F O/ `�rr. r Il tt � f i RECORDED on this ...,... ?......... day of u- . ............ A.D. 191?..�in the Recorders Once of she said Counry, in Deed Book, No. y page.. ! .......... Gwen under m hand and the seal of a said office, tl �a nd e r aforesaid. .. .......................... ............................. BDDK IC 8 PACE J -38 CUMBERLAND COUNTY Inst.# 199421236 - Page 4 09/27/2013 10:04:03 AM - A •ry u, I. 117•..1 RECORDER'S usf ONir II REALTY TRANSFER TAX ,. •, COMN0NwI111110r .ENN31lVANIA STATEMENT OF VALUE .."AU Or 11101VIDUA1 IAXIE un..nio a, �n 71..11 E Soo Rovarso for Inslrutllons �� °° 9 Co.°pl.m ..J, ,onion and Ill. in J.pll-1. w1d1 R.— d., of D.•J, whoa (1) Ih. Iv1I volu•kondd•rvaon b nol Irl lorlh in I • A—d, (2) ..h.. Ib. d..d wilhovl comiJ•..1ion, .r 6y 0i11, or 13I a I...— .,pdon 1, W.- J. A 51.1. -1 of V.I.. Is n.l wquh.J if ih• 1-4, h wholly --pi 1— l.. bawd on: (1) I—Ay , +Imlon. hip or (21 public u111By — If mar+ rpac. 1. %..d.d, attach odd ll...I sb•.I(,). • , f•.pA.n•il.,.h.n Abstr Land Associates Inc. A,..C 717 ) 763 -1450 3�1,..I�A ��.N City wr. lip 3915 Market Street, Camp Rill, Pennsylvania 17011 ° kc•r' ° ^c•° °< °^•M July 1st, 1994 crv.lo,ppLNO,(,1 wn.. : Estate of Mi ldred Eleanor M cCahan I ' Edna M. Murphy c/o J. Robert Stauffer, Esquire 411 E. Marble Street ci'y Market Street Squ v-Building 21 C,d. Ciq $1.1. Mechanicsbur Pa. 17055 Mechanicsburg, Pa. 17055 S1n., Add..n • Cby. TawmMp; Oerwgh 411 E. Marble Street Borough of Mechanicsburg 1 .. ° um Cberland County Mechanicsburg 17 -24- 0789 -026 , 1 1. —.I Cod, C— Id.—I.. 2. Oa.•r C.n.id•.mhn 3. Em.1 Cmad..oaon j 85,00 0too y none _ 85,000.00 A - r,..my A1,.+,• d W — 5. C.mm.n t-1 RA1l. No. •tr M.A.1 W.. I n/u yE n/a n/a I. p11.n CI.L ^•J , IL. Puc.lvoy..1 Im..•,r Con..y.d 2. Ch.ck Appwpli b.. Blow I., E.on,pll— Clalln•d ❑ Vlill .r i.l.d.l + ' --1 °n (N.A. • o......1 1 •'• ❑ T1ond•r to Ind.,14.1 D. v.lopm.nl Ad—y. ❑ hander 10 og.nl or ij p.,ly. (A11od, copy of - q pmly ❑ Tiomfnr bmw..n prin.ipol dnd oy,m. (Aboch c.py of .y•ncyLhOw crud .9 w.m.n1). Ton p.ld prior dud S ` ❑ Lomiu, to Iba C.mmonw..ld,, Ih. Unil.d 5101.,, end Inurum.nlolNi., by gib, J.dicmlon, co.4-11on or In il.0 .1 cond.mn.r,on. (Alwth copy of wml.lioni. ❑ b.mlor hom m.Mgogor to o holJsr of . mongaga In dolau6. Mortgog. Book Nvmb•r , Pog. Numbs ❑ , C .... nivo dead (Aboch copy of Ih. prior J.+d). ❑ swwwry c.. powl. -- W.c ... .... g.r .1 divhfan. (All.d, copy .1 ❑ i oa — (pl. .Xpl.l. Joa..d, if .1hor d,on Ii,I.J .6.,..) Oelay delay in d { as deed was held in escrow pending final settlem 1 under y.l,oln., of low, t d.d.r. d,ol 1 h... ..<1r,d1..d nd. 51.I•,n.nb L,dudi,lg ou+mp.l.yh,g Inbmlauon, end I. Ih. 6..1.1 y kn.wl.dg. m,J 6.11.1, ii b bw, corral end compl.w. Sl.n.lvr I Cor,.,,—j— •r a.......16 . peg bal• " 7/7/94 (SEE REVERSE) 1 wljok 108 PAtt 139 Inst.# 199421236 - Page .n.nn -nZ nhn CUMBERLAND COUNTY _