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HomeMy WebLinkAbout06-5330NORTH MIDDLETON AUTHORITY Plaintiff v JOSEPH M. BOYER, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :MLD - - 2006 - S'33~ mG.1~ '~"s2~ MUNICIPAL LIEN FOR SEWER SERVICES North Middleton Authority, North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania by its solicitor, Broujos & Gilroy, P.C., hereby files its claim for water and 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 name or names of owner or owners or reputed owner or owners, of the property against which this claim is filed is Joseph M. Boyer 60 Meadowbrook Road, Carlisle, Cumberland County, Pennsylvania. 3 A description of the property against which it is filed is attached hereto and marked Exhibit "A", with an address of 60 Meadowbrook Road, Carlisle, Pennsylvania. 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. 5 The lien is claimed based upon the failure of the Defendant to connect their improved property at the mentioned address to the Sewage Collection System of North Middleton Authority in accordance with appropriate Connection. Defendants have also failed to pay permit fees and connection fees. The amount claimed is $8135.00 plus interest from September 15, 2005. Notice to Connect was given to the property owners in accordance with the attached Exhibit "B". NORTH MIDDLETON AUTHORITY By: ~'~,`' Hubert X. Gilroy squire Solicitor TO THE PROTHONOTARY Dear Sir: Payment of the above claim having not been made, please enter same in proper tax and municipal lien docket and upon judgment and locality entities, according to law. NORTH MIDDLETON AUTHORITY: By: Hubert X. ilroy, Esquire ~3.j•J ~ r` 3.iea Tax Parcel No. 29-19-1653-008 TffiS DEED, MADE THE ~~ day of `f uN~- in the year of our Lord one thousand nine hundred ninety-five (1995), BETWEEN JOHN Z. GIBBON, widower, oP North Middleton Township, Cumberland County, Pennsylvania, by his attorney-in-fact Lee R. Snyder, under Power of Attorney dated October 10, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Misc. Book Page party of the first part, herein called the Grantor, and JOSEPH M. BOYER, unmarried, of Lower Mifflin Township, Cumberland County, Pennsylvania, party of the second part, herein called the Grantee: WITNESSETH, that in consideration of Eighteen Thousand ($18,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, his heirs and assigns, ALL that certain lot of ground with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from the Carlisle-Newville Road to Meadowbrook Park, said point being the northeast corner oP lot of ground now or formerly of John Shearer, et ux.; thence by said lot of ground now or formerly of John Shearer, et ux., North 88° 45' west 160 feet to a point on line of land now or formerly of Frank S. Cohick, et ux.; thence by said land now or formerly of Frank S. Cohick, et ux.; North 1° 15' East 125 feet, more or less, to a point, said point being the southwest corner of lot of ground now or formerly of Clair E. Myers, et ux.; thence by said lot of ground now or formerly of Clair E. Myers, et ux., South 89° 15' East 160.8 feet to a point in the center of said public road; thence by the center of said public road, South i° 15' West 125 feet, more or less, to a point, the place of BEGINNING. BEING improved with a frame dwelling house known and numbered as 60 Meadowbrook Road, Carlisle, Pennsylvania. 80~!! ~Q3 PACE EXHIBIT UNDER AND SUBJECT to the same building and other restrictions, but omitting any such restriction based on race, color, religion or national origin, referred to in the hereinafter recited deed. BERING the same premises which Frank 3. Cohick and Lois J. Cohick, his wife, by deed dated June 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "U", Vol. 15, Page 384, granted and conveyed to John Gibson and Alice Gibson, his wife. The said Alice Gibson died December 17, 1988, whereupon fee simple title thereto vested in the said John Gibson, the Grantor herein. And the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor, by Lee R. Snyder, his attorney-in-fact as aforesaid, has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED and DELIVERED in the presence of L ~N John Z. Gibson, a/k/a John Zeamer Gibson, a/k/a John i~jaon (~,el,,,,,~..~ad'~ t (/" ,. gy; ~ SEAL) Lee n der, Attorney-in-Fact STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND as. r On this, the /(o~'day of J v ~C , 1995, before me, the undersigned officer, personally appeared Lee R. Snyder, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument as attorney-in-fact for John Z. Gibson, a/k/a John Zeamer Gibson, a/k/a John Gibson, and acknowledged that he executed the same as the act of his principal for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ (~ Ali ,! ~ NOlAR1AE SERI RUEERT 0 fREY, NOTARY PUaiC GIRUSLE, CUYBENANU 000N7Y. PA YY CUYYISSgN ERPMIES JUME El. 1996 BOOK 1~ AGE 6B$ ... YfY .. '~ I do hereby certify that the precise residence and complete post office address of the within named Grantee(s) is 291 Shed Road, Newville, PA 17241. ~ `~,~ ~~ 1995 Attorney for Grantee(s) _ COMMONWEALTH OF PENNSYLVANIA ~ ss. COUNTY OF CUMBERLAND RECORDED on this ~~ day of ~,~~ A. D. 1995, in the Recorder's office of the said County, in Deed Book ~~ ~ , Page j _~~ Given under my hand and the seal of the said office, the date above written. Q a it o ~ I~I~ti Q. '-' o z i~. ,~, I o ~ o co cc ~ ._. <<, r:' ~ ~ LO . ; ~ -.~ ,ter ,oar ~ ."> U W IY, :V 4] tr. ~ 7 ~- rn i:u~Gerland Caunty Recorder of Leeds Instn+xeni Filin3 ReceiNtW 50644 ListrR 1995-413~3ti 5/Ib/1995 14:03:25 lleaark:s: R !f FREY/I+OYER REFURD .5U DEED 11,50 I:<ED - URIT ,J0 HEED - RTT STATE 190.00 CARLISLE .AREA 90,40 PSIP,TR i1IUDLETON 94.44 CheckR 2025 6371.50 GheckfE 2026 6.50 Total Received......, l3T~.00 b00K 1,2$ PACE ~j r ~~ ~~~~~~~ t~,: ~~ 7~. ~':<;a3~~77 !~a~z-»~ °°nrn~~__r~~ ~~1r~ Pa~a~ 12 NC~~~~3LILETON AUTHOR~T`,1~' ?,~~ Clearwater Drive ~~t.~ti<sle, ]PA a.?U13-110 717-243-8269 ' 'email csa ~'f ~~ a.net Julie 15, 200.5 3aseplx lvl foyer 291 shed Road Ivewville, PA 17241 C extif ed Mail : 7099 3220 0009 l S 72 0976 RE: lt`aa~ F~tc~Dl'9-39-1653-OOS 5i} Meadcrwbr4~nk Road ,Dear Mr.l3oyer; The installation of the wait ~ sewer lines for the :Vleadowbrook Road attd. N~wville R,oa.:l is laow eompleGe f~'~,'~~uis project moved alr~ng at ~ z~easonahle pace, e~ren thcaugh it seemed,ta drag c~~'ds the end we are pleased with the workmanship of the cvr~tractors. This next hale or th8 '~ ,ins with the Iti©r'~h lvlicldletvn Authority ias+aillg the p ;~~,8. Ncstices to ~`onncct atad th~tion and 'Tapping Pecs. Both. of these dc~cumetlts are enclosed within this pac~,ag~k : , "1'he Notice to Conrlect.en~~i-allows ea~:11 prc~erty owrzcr n,izlcty {9G) days `o have their property connected to; t~Gg~atem_ ~. cozu:lectian perYriit (tapping fee) must be purchased gri~+r to conne~~'td'the ~+rater and sewer systems. 'We da require ~A advance notice of tw~ez~ty-four~o ;~' ~i~'e',GCms°1eCtio?? fOT lnspeCt1on purposes. lnspectiozls aze arrailable M~~rnda.y thr~s.from ?:U(t ~M until ~:301'M, excluding Autharit~° holidays. Permits axe a~ ~t t111e Authority Qffice, 24Q.Clearwater 17rive, Carlisle, FA 17013, IUlanday thro~t~il~y 8:00 am to 4:30 pm. The Cenztectian Fees~~~sthe amount that each property ou-ner wvill pay 1'ar the installation of the plpel ~'.prdvidixxg ycua~ prc~pertg~ access to the systems.l`he Tapping Fee cncloscd is,t ~uat that each property awrler will pay fax capital investment that the ,A-t1t~~R'.l~a:~ iztede within the systems. The Tapping Fees are, calculated accordiaag 2a t placed. upon the systems, which are based upon usage, th~;refare muitt~e~~.~.??~ictuxcs sash as apartment baildi~gs nr ztaGbile h~~rne park< will have Tappr~, ~d.txpon the rsumber c~;F units, apartments ar mobile home sites ar pads. 1'e~'~r~•fees are to be paid within ninety days, If the fees are paid itz full withizk satxty t9G,.~~~~o:c~isco=ant will apply tq the colulcction #'ees::lf the assessment is lsot pa~,d wit'lt~tlr~ni~ty-day period a lien will be filed again.~t the EXHIBIT s E'.^.f''311~~b 14:4I 7.172430377 MC~RTN ~~!IL'~L~~cT~'~",, ~'_`T'~° =~.aE _~ property and interest c#~rgc~:~a~r%}l begin to acc~le. ill pivperty owners are eligible to pay their sewer assessmen#s it3a~t~s1 installments over a fire-y-ar period. Longer installment programs will ;a~:t~o!wed in certain hardship circurnstans-es, l;f }you need a longer installment progra~ write to the Authority Chairman, North Middleton Authority at 24i? Cleari;it~e, Carlisle, P~1. I7Q13, include ,r,atrr proposal and the reasons far your. request. We have attert~pted to ma;#~sprocess as easy as possible, however if you ;have questions .please feel flee ;to:'.cmtt~act my office. Sincerely yaurs,.:r_ ~. ~ ~, ~:CC I~OGI'1 Authority Mar-a$er. Ct1ClOb"UrCS: C.U~''11~eCiiUXt 1~Igtice . C~~rmection and ~'ap~ Fe~> : ` I/leetion to Pay Connecito~%:atd'I'apping lees in Installments 02/'~.312~~~6 I1: , ~ 7:7<~?037"~ h~iG~ i H ~~1IDL~l_~TO?~,. ~SGT'r, ~=Ha£ 14 N~r:~~ Middletolli Atrthority 2~0 Clearwater Dave Carlisle, PA 1701-1100 '717-~43-8269 +email csao~a.net lone ; ~, 2005 Propert~~ Clw.aer: 1oaxplx:11?1' 8t~yer Property Address: b0 N(ea~ubro~k load Tax Map Parcel#: 29-19.~1;5~~.-.~8 NUTIGE T4 CONI~)$G~"]f'4,~QRTH MIDDTI.ETON AUTHORITY WATER AND f+EWER - SYSTEMS Yoet are hereby given rzotiee'to cb~spert.:your improved property abwtting upon the North Middleton Authority Water and 5ewarrage ~S~as within ninety (9(1) days of this notice. in accordance with the Code of {)rdinances of Noztl-: h9tiddNetrrri Township, 2U0~, Chapter 164,1'art 1, Article €, Sewer Cozzz~.ecfioa5 ezrd in aec;arda~C¢.viittz`Cl~ter 164, Part 2, Article Vlll, Water Connections and tl-e Rubs and Regulations ofNortlz Mitdlet+i;iAutl~ority. A connection permit (tsppir~g:fee~T~tr Water auzd sewer may be obtaizzed at the North M;iddieton Authr,rity Office, 240 Clearwater Drixe; ale; P'A 170131100, Monday through Friday, 5:00 a:rn. to 4:G0 p.m..; tlae phone number is 7 i 7-X4.3-826. , All property owners will be r~esle to purchase a water meter package or water meter pit assernb1y 2tt the prevailing rata. A typira~~~w+a~tiet', t~atier.~package is currently $135.00 for a residential property, those without a basezraent will ztei~d .ic> ,itz~n~~'a water meter pit aasernbly in a non-traff c area and the prevailing rate is $311.00. For this project the North lwladdieCotir'.:~ltifharity is extending an offer 1'n all property owners to finanwe these costs oti~er a five-year ptrio~,~f #DICe$9ary, due to the fact that both water anal sewer were being cxtez~dizzg at the same tune. It is required that you give a iwer~ty~fapr (24) hour notice ,prior to ttze time when connec?iczt wil; he made: so that North Mliddletotz Aulhtortt~i ;i'~1tr~~ supervise and inspect tTZe work of connection and o~rersee any necessary testing. 'T'his notice sYiti":be.givezt tt~ the m:Ff'icc rat the address above during regular working hQUrS 141onciay~ through Fri~ay,.ax~s;~slisz$ Atatlzority holidays. E. Lee Koch Authority Manager North 1kTiddleton Authority Na CUI~iNECTICINS A;EtE'I'4i'~ :1VIADE TO THE'WATER UR SEWER S'Y'STEIYlS WITR4LTT AP~'~r2C1VAG'A2~~3'.NTPE('TION BY NORTH MII)DLE'I'ON Ai<T'xI.-IURITY ~2f'23~ %e~5 Zd:v? ?1?243ra3?? NC!~T!-i `:~SDL'~_'~T~; +~~!Yr! ~'~~~~~ 15 Ct~TC°TXt31\ AND TAPPING FEES FC1It l1~EAD~~'BTtOI~K AND lOrEW'4'ILLE ROAD AREA $Ctl3 As approved, by llesofutinn affilorrli Middleton At3tl~skrit} on !Flay 10, 24ta~ "Total Cc~nnectton Fee far each impru~~di pr'o~+ s ~S0U0.~. The T'appirg Fee for each prc~prrty is based upon the number of units. The Ta~in~;~`ee fur asingle-family nesiderttia! pa°apPrty is X24+)0.G0 far sewer and $l0UU.00 for ~a~te~r.=;1'ttl~apte use structures siictt as apartments or mobi;e harr7e parks wYll Pad' Tapping Fps acccrxdin~ t~rtt~e dumber +af t,:~its, apartmea#s or xna~+,~ile home pads. Eaeh property connecting to the v~at;;~y.stern is required to p+xrchase a water anetc:r package size:i far the anticipated use. The cost fbr ~ s~iagle~famsty residential meter package is ~ 135:04 for pz~opcrties witl7t a full b~seixicr~;t;p~gpertiGS built an slab cor+structzan witl used to p:ucr~se a water imetez pit essezubly fix ~3,1,~`0{J. Water meter paeka~ges far rnezltiple. ease structures will bE priced at the prevailing cast te~:zh~~A-uthority. According to +aur records ttu; .Coa~i~ction Fee and ~l°apping Fees for year pxopezay ~t 64 ~eadowbmok R,vad Carlisle, PA , l 70.13 CONNF.CTI(aN ~IF.Tx ;; ; ; $~t100.a0 TAPPING FEE SisV~t's S'1040.00 TA-,I'PING FED W'A;1~,. ' $1040.00 WATER 11~1G'I"E,R I'~~u'-* , > ~ 1--,35:40 TOTAL FEES S8I35.04 *Subject tea eoufirmaiior~ that >~;'.~ti~rcl ~r+ater meter parlrr+g~ zs suitable. @2J~3/2~@h ~ ~: r ~, 71'24~J?7? h.QR~~i ",!IL~~L~T~I AUT~i F='~~E ~_~ ''Nnrtln Middleton Aut~ZOrwty 24Q Cl+zarwater i)riv,r ;~ariisle, pA l T0I3-I l00 ?'.1'1-243•g2~9 eetxaii csaaffi~~a ner. liLl~t;T1lOT~ TO PAY ~?w';Al,''~;~c SEWER CONNECTION INEE IN INSTALL'~NTS Connection Retard No: Address of Property: Connection FeelPermit Fees ~: Tai R-iap Parcel#: in connection with the Coi~i~Cti f against zny property, as above, a request is hereby rrzade foz tkze privilege of payizxg.is~'ir}slt~lla~tzts. It is understood that installment payments may be prepaid without penalty. ilVl+e agree tee pay tk~e cozzrl~,lr~xt;aai dual annual in.stallzztetzts over a period of ~~~e ye~.rs fxazt~ the. date of the nerving of ~~:4~~tion Eee Certihc:ate. The first installment being due and payable within ninety (~3t1) darts .E~cr tine Connection Fee Ccrtiftcate has beet served, The reztiaitzitxg fzve irtstalizneht~:be'tt~e each of calendar year thezeafter u;n dates tc~ be ~leterrtzined try the North Middietau Adtl2orft~:,: It is urtderstaad that intexes~t Ott th~~=eke off' foux aatd twenty eight one hundreth.s (4.2~%) percent per annum, will be charged ozZ't~+~-i~n~aid balance, said interest tea be paid at the same time as tl~~ last five install.+nents are due.` Ownex sigrtatur~e: µ..~.:.~.~...._ Cjwner Natr7e: _ ,M C}wtict: A~~Idress: ~;, instr-uctlona. 1. This .request trust be znad~w,t~ih xziGrzety (9Ql days afie:~ the ~~+rxnection Fee Certificate has been served ozt you. . ?. If any instal.lmettt, wltl~t,i~t~at~:~CYT' l'~4iX7 rvithiz~ zunety days (90) fi~ozn the due date; the entire unpaid balance, aft;.~iectian fee and accnu~d interest shall become due ancf payable farthwitlt tog~thi"!r;3 u'ttexext at four and twenty eight one hundreths (4.2~%J pexcert per atuxurr, anti.otfi>~k~'~o3ts atlowed by law. ~. ~ At}thority is r~q}~,y~,t~;:a lied on the A.iope~Y for ail coAUtection fees tt~ n ill i~ fult ~vithxiarz ninety ~90~d 'ys~ fi~ot~r.,~-date off' noti#icakiort. Should you elect to pay an installments. no action wili be kaken to.:r~++e:the.lien sb long as there is no default i.n tlae payrnerzts o#'the installments and the. iiates~A~, thereon. Upon paymettt itt iul1, the coa~uzectian tee, the lien . will be satisficcl. Additio;':,yvu will be required to pay the filing attd satxsfactiozt Peas of $I4.Up tc+ file a snuxzitTip~l:,~ ~s set forth, below_ 4 You may pay the baftuzc~.,~~xang due, in fall, at any time with interest thcricon to the next aauleAal ittstallznent payz~rait d:~ S. itn t%e avert of a sale .csf y-aFe~,F astate, the carattectiozt fans .must be paid ixz full at which tixti+~ the lien will lye t~at~~Cecb,i~~ed. N ~ ~` ~ ~ N 'X r'7 ~ ~ ; -i .~ ~ ~{ ~~; w '~ ~; ~~±~ .~~ NORTH MIDDLETON AUTHORITY Plaintiff V JOSEPH M. BOYER, Defendants TO THE PROTHONOTARY: :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :MLD - 5330 - 2006 PRAECIPE Please mark the above captioned Lien as settled and paid in full. U Date I~li6ert X. Gilroy, Esquire Solicitor for North Midd Martson Law Offices 10 East High Street Carlisle, PA 17013 717-243-3341 Authority C~ ~ d u .~. --~ ~ ~~' T ..~-. t"i'E (.~ ~ CJ ~ } ~' + _ v`, ~ . ~f . "~ ~ ..r -"Y Z. 1 ;~ t't"i ..C q :3 C ~ ~ ~ . s a~ ~