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HomeMy WebLinkAbout06-5331NORTH MIDDLETON AUTHORITY :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V RIFAT KOSTJEREVAC and DZEMILA KOSTJEREVAC Defendants :MLD - -2006 - 533 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 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 Rifat Kostjerevac and Dezmila Kostjerevac 1430 Newville 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 1430 Newville 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. k 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 TO THE PROTHONOTARY Dear Sir: By: a - ?& Hubert X. Gilr , Esquire Solicitor 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: b - 7 ubert X Gilroy, Esquire 41 A) S MADFe cc, it _jw u - j ` LtJ ?::` c> Q Uand L. THE N Qr C"') O Tax PARCEL 29-19-1653-023A THIS DEED rYt? day of in the year of our thousand two (2002) BETWEEN ROLF PETER and BELINDA M. PETER, husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as (Grantors) RIFAT KOSTJEREVAC and DZEMILA KOSTJEREVAC, husband and wife of Cumberland County, Pennsylvania, hereinafter referred to as (Grantees) WITNESSETH, that in consideration of Eighty-three Thousand Dollars and 00/100 ($83,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties: ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by the center of Pennsylvania Highway route No. 641; on the East and South by land now or formerly of Thelma McMullen, Widow; and on the West by land now or formerly of Jay Lynn Coons and Maudie C. Coons, his wife; having a frontage of 120 feet along the center of said highway; a width of 100 feet in the rear; a depth of 209 feet along the Eastern line; and a depth of 228 feet along the Western line. BEING improved with a one story brick dwelling with attached one car garage. BEING the same premises which Sid A. Carson and Mary Kathryn Carson, husband and wife by deed dated May 22, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book U 27, Page 529, granted and conveyed unto Rolf Peter and Belinda M. Peter, husband and wife, Grantors herein. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. EEX7HIBIT - BOOK 61 'ACT4890 IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year above written. SIGNED, SEALED IN THE- PRESPIC DELIVERED: Rolf Peter Beli a M. Peter State of Pennsylvania: County of Cumberland S On this, the 7 day of 2002, before me, the undersigned officer personally appeared Rolf Peter, married person, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS I hereuKtP set my nd off' 4 NOTARIAL SEAL / RENEE L. MURRAY. Notary Pubile Caritsie Boro, cumberiand Co.. PA i t l e o f f f l e My Commission Expirss December 13, 2005 State of Pennsylvania: ,. County of Cumberland :SS On this, the o2'/ day of r 2002, me, the undersigned officer personally appeared Belinda M. married person, known to me (or satisfactorily proven) to_h?F person whose name is subscribed to the within instrument;' acknowledged that she executed the same for the purposes contained. SS WHEREOF I hereun set my hand and officia g.._ NOTARIAL SEAL. •???` Fmom T. Yarghn, Notuy ftbdo (SEAL) e UP., Cvmbertend Cowtry Title o O f f i c e r QW=b ton Explrea Sept 10, gft I do hereby certify that the precise residence and complete post office address of the within named grantee is /,/,So 11,14 Y; 1_14 Ad 2002 104 J-741j? Attorn IV BOOK 251 PuE4$9_, COMMONWEALTH OF PENNSYLVANIA: County of :ss RECORDED on this day of A.D. 2002, in the Recorder's office of the said County, in Deed Book Vol. Page Given under my hand and the seal of the said office, the date above written. Recorder. Cumberland County Recorder of Deeds Instrument Filing ReceiptR W5485 InstrR 2002-041365 6/03/2004' 12:32:05 Remarks: SLWIT ABST/KOSTJEREVAC DEED 11.50 DEEM - VRIT .50 DEED - RTT STATE 830.00 CARLISLE AREA 415.00 h1ORTH MIDDLETON 415.00 ICED - A/H 11.50 ca ii?rtuiv?Rni frtu 1.00 REC. IMPRVMT FUND 1.00 CheckR 4978 $1,685.00 CbeckR 4%5 #.50 Total Received....... $1685.50 I Certify this to be recorded In Cumberland County PA yr S: ?, is ?14?yl nt?+i.iu.:;Mcr}. ?== Recorder of Deeds BOOK 251 PAGE4892 'a 2•/??i'2^a ? 14:47 71 72430,.77 NOR-H YIDDLETXi RUTH PAGE 17 NOR DDLETON AUTHORITY ??,;: 24{I CIesrnwater Drive 0ii iisle, PA 17413-1100 717-243-82+69 i>r?ail csaofua) net June 15.2005 1Zi:fat Kostjerevac 1430 NeNvville Road Carlisle., PA 17013 Certified Mail : 7099 3220 0009 1572 1096 -19-1653-0233 1430 Newv'lle Road Rl : Ttcx=P - #29 1 Dear Mr. Kustjerevac, nic installation of the wa ':sewer lines for the Meadowbrook Road and Newville Road is now complete ; tZats project moved along at a Teasonable pace, every ''. though it seemed to drag fle?.,?+?ards the end we are pleased with the workmanship of the contiactors This neat phase of the ptg4j; 4 : ms with the North Middleton Authority issuing the Notices to Connect an d t ` p ctioi? and Tapping Fees, Both of these documents are enclosed within this p"40 The Notice to Cvnnot etiot*04 lows each property owner ilinety (90) days to have their property connevteti..ti?".f ;. stem. A connection permit (tapping fee) must be purchased prior to co a l tr, o water and sewer systems. We do require an advance notice. of twenty-four boi ` . e c6tut¢ction for inspection purposes. Inspections are available Monday titr s rom 7:04 AM unto, 3.30 PM, excluding Authority holidays. Permits are ara '.,.the Authority Office, 240 Clearwater Drive, Carlisle, PA 17013, Monday tbt>i3sp 8:00 in to 4:30 pm. 711 The Connection fees cttct ''koala amount that each property owner will pay for the installation of tlae ptipc e, T?`nv Ing your property access to the systems. The Tapping Fee enclo5ecl i3t1.icSt that each }property owner will pay for capital investment that the Aut?s..3nnAde within the systems. The Tapping Fees are calculated according € d:placed upon the systems. which are based upon usage. therefore r:3ultip'k. "" tre9 such as apartment buildings or mobile home parks will have TgVing?!P upon the number of units, apartments or mobile home sites, or pads: Both fees are to be, paid within ninety days. If the fees are paid in full within s ?fiy.cf t4`43% discount will apply to the connection fees. If the assessment is not paid 100 pinety-day period a lien wi'1 be filed against the EXHIBIT 1i -8 ^i 23 2TeS 7:72430'37" ^iJR7H VIDIDLET3,, r,UTH PAGE ? 2 property and interest charges will begin to accrue. All property owners are eligible to pay their sewer assessments in O ual installmerats over a .five-year period. Longer installment progrants will: kic,'a-Mowed in certain hardsbip circumstano .s. If y ou need a longer installment write to the Authority. Chairman, North N iddleton Authority at 240 Cleiin?,afei° privet Carlisle, PA 17013, include your proposal and the reasons for your request. We have attempted loam s process as easy as passible, however if you have questions please feel free t6bantact my office_ Sincerely yours, *WON . Kit E. Lee Koch Authority Manager enclosures: Connection Notice Connection and ,rappiing :Ft?* Election to pay Connect:ibo'vid Tapping Fees in Installments 01/2V2006 14:47 7? 724303 77 "?ORTH ti11'11DLETJN AUTu PAGE 12 00 Middleton Authority 240 Clearwater Drive Carlisle, PA. 17013-1100 717-243-8269 :'email csaoff&pa.net June 15, 2005 Property 0%ner; Riiat iravac Property Address: 140 Nvkv j1e Road "Fax Map Marcel#: 2949-4 . A NOTICE TO CONNECT TO, R"fFI MMDLETON AUTHORITY WATER AND SEWER SYSTEMS You are hereby given notice t0 rrrt'yovr improved property abutting upon the North Middleton Authority Water and Sewexv $S'witin ninety 190) days, oftis notice, in ac cordartce with the Code of Ordinances of North lv> .Township, 2004, Chapter 164, Part 1 Article I, Sewer Connections and in accordWti ?t?. ?ptar 164, Part 2, Article VI11, Water'Conne+?tions and the Rules. and Regulations of North Mitlidl AiNthority. A connection permit (tapping h*)J k water and sewer may be obtained at the North lytiddleton Authority Mice, 240 Clearwater Drive, Gelhtx PA 1 7013-1100, Monday through Friday, 8:00 a.m. to 4:00 p.m.; the phone number is 717-243;. 2*," All property owners Will be reaptsh Mi.io purchase a water motor package or water vieter pit assembly at the prevailing rate. Atypical war ttlte et package is currently $135.00 fora residential property, those without a basement will nted tc?:itIl a Water meter pit assembly in a non-traffic area and the prevailing rate is $311.00. For this project the .North M a AWhority is extending an offer to all property owners to finance these costs over a 1"tve-year p i§* eF t cessary, due to the fact that both water and sewer were being extending at the saute time. it is required that you give artW014460r (24) hour notice prior to the time when cort.nectirnr will be made so that North .Middleton w?t(a y "supervise and inspect the work of connection and oversee any necessary testing. This ztotiooe s#it bt, given to the office at the address above during regular working hours .Monday through Friday, ex li g Authority holidays. E. Lee Koch Authority Manager North Middleton Authority NO CONNECTIONS AR£ Tl BADE TO THE WATER OR SEWER SYSTEMS WITHOUT APPROVAL; SPECTION BY NORTH MIDDLETON AUTHORITY 942123/22?06 1-;47 7172430377 !Zr-P YIDDLETa? AU H. FADE 20 C "ECTION AND TAPPING FEES FOR l ,A?BROOK AND NEW-VILLE ROAD AREA SC/D As Approved by Resolution of,Wp Middleton Authority on May IQ, 2004 Total Conuection Fee for each improved properrt?c xa 5000.00. The Tapping Fee for each property is based upon the dumber of units. 'fhe 'I ag fee for asingle-family residential property is $200.00 far sewer and 51000.00 for water: t ple use structures such a, apartments or mobile horne parks will pay Tapping Fees a ??the number of units, apartments or mobile home pads. Each property connecting to th.' at s !stem is required to purchase a water meter package sized for the anticipated use. 1be cost bt I`.-Cisn le-fa?ttrily residential met= package is $135.00 for properties Aith a full basemea?*'M ies built on slab construction vAIJ need to purohase a water meter pit assernbl fbrI 1t3D. Water meter packages for multiple use structures will be priced at the prevalling cost to* .Authority. ,According to our records .ttze. C6ii afoot Fee and Tapping Fees for your property at 1430 Newville Road Carlisle, PA 17013 CONNECTION FEFI S 5000.00 TAPPING FEE Si*th $' 2000.00 TAPPtN. G FEE W ATM $ 1000.00 WATER ME's JEK P *`, ...LAU TOTAL FEES ? 8135.00 *Subject to confirmation'ttait id0d water teeter package is suitable. Ne `22,r 2C?S i.4: ;' i17243?3?7 1,CII?' H I uD? E t'7h 1 l"'H F?1GE 21 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013-1100 717-243-8269 email csaoffa,pa.net ELECTION TO PAY "W,?i'I A SEWER CONNECTION FEE TN INSTALLMENTS Connection Record No: Address of Property: Connection Fee,Termit Fees $: Tax Map Parcel#l: In connection with the C'tzcttle? Fee against my property, as above, a request is hereby made for the privilege of paying ttt #ftfits. It is understood that installment pa:m. ents nuay be prepaid without penalty. I/'We agree to pay the c4 +a?tisC1>:egt al annual installments over a period of five years f om the date of the serving of the. i> tion Fee Certificate. The first instal zxzent being due and payable within ninety (90 :the Co ection Fec C:crtifieate has been served.. The remaining five Anstadlnrzextts gtg.,d each ofcalen?dar year thereafter on dates to be determined by the North Middleton Autizii#sly It is understood. that interest rate of four and twenty eight one hundreths (4.28%) percent per antium, wilt be claazgskl aiiCtl °t pWd balance, said interest to'be paid at the same time gs the last five installments arc dam:' Owner signature: Ow ner Name: __?_ __ ?? Owner. Address: Instructions: 1. 'T'his request must be >?, iat». ninety (90) days after the Connection Fee Certificate has been served on you. . If any instalLnent, wttizst?S; IgQT PAID withixt rti.xxeiy days (9U) from tine due date, the entire unpaid balance vfction fee and accrued interest shall bee®zne dyed payable forthwith tow*et*% rest at four and twenty eight one hundreths (4.28%) percent per autn and ntls?arES`Fallowved by law. e pl[P Y fnr all connwtion fees not paid in full witwn .ninciv (901. dam t f aoti is tion. Should you elect to r ay in installments, ?o action wvill be takoii?A e the Iien so long as there is no default in the payments of the installments a nd the z?amt '?#ierean Upon payment in full, the coiu?ection fee,, the lien will be saris2iecl: Ad*4C? . Diu will be required to pay the filing and satisfaction fees of• $14.00 to file a murizczpal }? ;set forth below. 4, 'k ou may pay the balancc rg due, in full, at any time with interest thereon to the next annual installment pa s _ S. In the event of a sale of ytfttr r `l tate, the connection tees must be paid in full aT which tune the lien with be maiified, N V C - ;7 tV • NORTH MIDDLETON AUTHORITY Plaintiff V. RIFAT KOSTJEREVAC and DZEMILA KOSTJEREVAC Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. : MLD 2006 - 5331 PRAECIPE Please mark the above captioned Lien as satisfied and paid in full. NORTH MIDDLETON AUTHORITY By: Date: 1Z •-,V,-Q 9 Hubert X. Gilroy, Esquire Christopher E. Rice, Esquire Solicitor for North Middleton Authority Martson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, 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: Mr. and Mrs. Rifat Kostjerevac 1430 Newville Road Carlisle, PA 17013 MARTSON LAW OFFICES ?y By: M 4y#. Price Ten fist High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1 7 ?It?CIJ ? e r ' ??M T?F ,?,?k 7 RY 2009 DEC 22 CIA 2: 2 4 l [ sy r?,???` t ,.v . $ 8. oo PQ Ally 02141 y t' (2,J)5 BfN