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
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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
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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,
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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
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