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Home My WebLink About15-0309 r COYNE &COYNE, P.C. Lisa Marie Coyne, Esq. PA Supreme Court ID No. 53788 3901 Market Street . is Camp Hill, PA 17011-4227 (717) 737-0464 Fax: 717 737-5161 3 rw"` 11-SOi itorrfor Borough of Mechanicsburg BOROUGH OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS OF Claimant CUMBERLAND COUNTY, PENNSYLVANIA V. NO.�d/S-.113,o7f M.L.D. Robert John Smiley and Janet Larue Smiley, husband and wife Defendants MUNICIPAL LIEN MUNICIPAL LIEN FOR SEWER/WATER 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, Defendants) have not made payments for the services provided. 5. The authority under which this claim is filed is the Act of May 16, 1923 P.L. 207, Section 9, et seg., 53P.S. §7143, as amended. 3,4 7��3 l f r 6. A description of the property against which this claim is filed is: 601 Alison Avenue Borough of Mechanicsburg Cumberland County Pennsylvania 17055 TAX PARCEL NUMBER 17-24-0789-141 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 and fifty-two dollars and thirty cents ($652.30), plus costs and reasonable attorney's fees. 9. The time period for which these charges are filed is April 1, 2014 to December 31, 2014 on Sewer and Refuse Account 5743-0. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendants in the amount of six hundred and fifty- two dollars and thirty cents ($652.30), plus cost and reasonable attorney's fees. Bok0 H O CH A CSBURG By: Lisa ar e Coyne, Esqui e Soli ' for the Boroug of Mechanicsburg PA Supreme Court ID No. 53788 Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 (717)737-0464 Dated: January 15, 2015 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND )ss Patrick E. Dennis, being duly sworn according to law, deposes and says that he is the Borough Manager for the Borough of Mechanicsburg, and that the facts set forth in the foregoing instrument are true and correct to the best of his knowledge, information and belief. Patrick E. Dennis, Borough Manager Sworn to and subscribed before me this 15th day of January, 2015. ".t o -- „ Notary Public NOTARIAL SEAL Leslie S Hocker NOTARY PUBLIC Mechanicsburg Bora MY CCumberland County ommission EXOMS 04/02/2017 r 4 .. A Y ROBERT P. ZIEGLER ;;CCORDER Of DEED-2 IN SEP 12 AM 1016 JDeed TAX PARCEL NO, 17-24-0789-141 MADE THE day of , : in the year two thousand six (2006) BETWEEN GERALDINE M. GARCY, widow, of Mechanicsburg, Pennsylvania, Grantor, AND ROBERT JOHN SMILEY and JANET LARUE SMILEY, husband and wife, of Mechanicsburg, Pennsylvania, Grantees, WITNESSETH, that in consideration TWO HUNDRED SIXTEEN THOUSAND DOLLARS------------ --------------------------------------------- ($216,000.00 ---------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Borough of Cumberland, and State of Pennsylvania, bounded and described asfollows, to wig' County BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to Norway Street on a curve to the right, having a radius of 17.00 fea point; thence continuing along the northern line of Alison Avenue to the eastern line of et, an arc length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a,distance of 17.30 feet to a Point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. i BEING Lot No. 69 on Plan No. 2, plot "B"of Heritage Acres, said Plan .bei fice in Plan Book 20, Page 79. Cumberland County Recorder's Of ng recorded in the BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pe BEING THE SAME PREMISES which John B. Carter and Carol B Pennsylvania. by Deed dated June 23, 1995, and recorded June 28, 1995, in Carter, husband and wife Deeds in and for Cumberland County, Penns lv the Office of the Recorder of granted and conveyed unto John J. Garc Y ania, in Deed Book 124, Pa e 204 J. Garcy, also known as John JosephdGarc��ne M. Garcy, husband and wife. The said John unto Geraldine M. Garc Y died April 14, 2005, thereby vesting sole title Y, widow, Grantor herein. Cus erland County Recorder of .Deeds Instrument Filing Receir>tA 625594 Instrk 3006-03,3269 9/12/2006 10A15:5J Remarks: SECURED LAND 5MILEY DEED DEED - WRIT 11.50 DEED - RTT STATE .50 MECHANICSBURG 2160.00 MECHANICSBURG BORE 1080.00 DEED - .4/H1080.00 A.T.-J. 11.50 CO IMPROVEMENT FNU 10.00 PEC. IMPRUMT }UNU 2.00 C`eckU 493, 3.00 Chetkl 4935 V"� '8.00 Ctseck0 4934 $.50 Total Recei"ed....... $2=160.00 �4,JSB.SO BOOK 276 PACE3j,00 And the said grantor does hereby Warrant Specially the property hereby conveyed. IN WITNE,S,S HEREOF, said grantor has hereunto set her hand and seal the da Year first above written. y and Signed, Sealed and Delivered in the Presence of GERALDINE M. GARCY � i STATE OF COUNTY OF L BGG 1J , 4C".,G` On this, the J `'`' �- Notary Public, the undersigned off sy of � C.f�/14� known to me (or satisfactorily cer, personallya 2006, before me, a appeared GERALDINE M. GARCY within instrument, and acknowledged thateshe executed same fthe person whose or the subscribed to the ow, contained. Purposes therein IJV WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL Notary Public ) v . CHRISTINA L.HERSHEY Notary'Public Hamptlen TV+IP-1 County of Cumberland My Commission Expires July 12,2009 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence of the . within namedgrantee(s) i ell AtterrnCY/Agen or j17U aaor 276 PAGE,31