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HomeMy WebLinkAbout06-5764NORTH MIDDLETON AUTHORITY Plaintiff V JOHN P. NOVAK and ERICA M. NOVAK Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :MLD - - 2006 - s 7lo?f L1? 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 John P. Novak and Erica M. Novak 22 Green Meadows Drive, 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 22 Green Meadows Drive, 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 for unpaid sewer user fees against the above-described property in the amount of $329.88. NORTH MIDDLETON AUTHORITY By: 1T Hubert X. Troy, Esquire 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: 1?)4 ubert X. ilroy, Esquire 6 V'0') ? PLEASE DO NOT PUBLISH , r* C> c M C" "'O h.l G This Indenture c J 7 ur rn , . 4 M © A?/GUSr MADE THE day of 8ft in the year of our Lord two thousand one (2001), BETWEEN JERRY W. ZETTLE, now residing in Turbett Township, Juniata County, Pennsylvania, (P.O. Address: R.R. 1, Box 300, Port Royal, PA 17082), Executor of the Last Will and Testament of HELEN M. KASEETA, widow, of Fermanagh Township, Juniata County, Pennsylvania, now deceased, party of the First Part, Grantor, AND JOHN P. NOVAK and ERICA M. NOVAK, husband and wife, now residing at 1450 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania 17031, parties of the Second Part, Grantees, WHEREAS, Helen M. Kaseeta, widow, became seized in her lifetime of and in a certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly described hereinafter; and, the said Helen M. Kaseeta died testate February 15, 1999, having first made her Last Will and Testament dated December 19, 1997, duly probated and recorded in the Juniata County Register of Wills Office in the Courthouse at Mifflintown, Pennsylvania, on February 17, 1999, in which by the provisions of paragraph VI thereof, Jerry W. Zettle was named Estate Executor and he filed the required Petition for Letters Testamentary to so therefore qualify; and, no family member was qualified to claim the family exemption; and, the Estate Executor has paid the requisite amount of Pennsylvania Inheritance Tax (see Juniata County Estate No. 34-99-00013 and Cumberland County Ancillary Estate No. 21-00-833); NOW THIS INDENTURE WITNESSETH, that the said Jerry W. Zettle, Executor of the Helen M. Kaseeta Estate, for and in consideration of the sum of Twenty-four Thousand Seven EXHIBIT ??G-? .247 r'AL X97 A Hundred and 00/100 ($24,700.00) Dollars lawful money of the United States and other good and valuable consideration, to him in hand paid by the said John P. Novak and Erica M. Novak, husband and wife, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released and confirmed, and by these presents, does grant, bargain, sell, alien, release and confirm unto the said John P. Novak and Erica M. Novak, husband and wife, Grantees, their heirs and assigns, as TENANTS BY THE ENTIRETIES WITH THE RIGHT OF SURVIVORSHIP, ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the southeastern corner of the lot herein conveyed, on the northern right-of-way line of Green Meadows Drive at corner of lands now or formerly of John M. Smith II and Vanessa T. Smith, husband and wife (Lot #1); thence along lands now or formerly of John M. Smith II and Vanessa T. Smith, husband and wife (Lot #1), North thirty- two (32) degrees fourteen (14) minutes seventeen (17) seconds West one hundred ninety-five and zero hundredths (195.00) feet to a point; thence along lands now or formerly of Doug Thomas (Lot #8) South fifty-seven (57) degrees forty-five (45) minutes forty-three (43) seconds West one hundred ten and zero hundredths (110.00) feet to a point; thence along lands now or formerly of Ryan S. Stevenson and Denice A. Stevenson (Lot #3) South thirty-two (32) degrees fourteen (14) minutes seventeen (17) seconds East one hundred ninety-five and zero hundredths (195.00) feet to a point; and, thence along the northern right-of-way line of Green Meadows Drive North fifty-seven (57) degrees forty-five (45) minutes forty-three (43) seconds East one hundred ten and zero hundredths (110.00) feet to a point, the Place of BEGINNING. CONTAINING forty-nine hundredths (0.49) acre (21,450 square feet) and being designated Lot No. 2 as shown on a Preliminary/Final Land Development Plan for Lands of Helen M. Kaseeta dated November 23, 1999, with revision date of March 22, 2000, prepared by R. J. Fisher and Associates, Inc., which was approved May 26, 2000, by the North Middleton Township Board of Commissioners, a copy of which is recorded in Cumberland County Plan Book 81, at Page 26. BEING part of the same premises which Richard Kaseeta, deceased husband of Helen M. Kaseeta, widow, party of the First Part herein, received a one-fourth (1/4) interest therein when Mary Sharp Culbertson, widow, by her deed dated December 9, 1944, recorded December 12, 1944, in the Recorder of Deeds Office of and for Cumberland County in the Courthouse at Carlisle, Pennsylvania, in Deed Book W, Vol. 12 at Page 317 & c, when she conveyed premises in North Middleton Township unto Alfred J. Standing, Jr., Helen Margaret Standing, Robert S. Standing and the said Richard Kaseeta, each receiving a one-fourth (1/4) interest therein. The said Richard Kaseeta became the owner of the remaining three-fourths (3/4) interest in the said premises by the July 31, 1947, deed from Alfred J. Standing, Jr. and Frances H. Standing, his wife; James D. Mack and Helen S. Mack, formerly Helen Margaret Standing, his wife; and Robert S. Standing, singleman, which was recorded August 16, 1947, in the Recorder of Deeds Office of and for Cumberland County in the Courthouse at Carlisle, Pennsylvania, in Deed Book O, No. 13, at Page 584 & c. Richard Kaseeta, who owned the full fee interest in said premises, died intestate July 24, 1970, leaving to survive him as his next of kin and sole heir at law, his wife/widow, Helen M. Kaseeta, who then acquired the entire interest in said premises in accord with the applicable provisions of the Pennsylvania Intestate Act. Helen M. Kaseeta died testate as aforesaid on February 15, 1999. IT IS EXPRESSLY COVENANTED AND AGREED by and between the parties hereto that Lot No. 2 herein conveyed and any improvements which may hereafter be erected thereon, shall be and remain subject to the following covenants, conditions and restrictions which shall run with the land and be binding upon the Grantees, their devisees, estates, heirs, successors and assigns: 1. No detached single family dwelling, garage, building or structure of any character, or driveway or fence shall be erected, constructed or maintained on any land on the plan, nor shall any addition to, change or alteration thereof be made unless and until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme, location, front and rear facings, roofing and elevations thereof have been approved by Jerry W. Zettle, or his duly authorized agent (hereafter referred to as the "Approving Party"). The Approving Party shall have the right to decline to approve any such plans and specifications submitted which are not suitable or desirable, in the Approving Party's opinion and sole discretion, for aesthetic or other reasons, taking into consideration the effect of the building or other structures or improvements as planned for the adjacent or neighboring property, and whether the plans are in keeping and general harmony with the surroundings. In the event that any construction or remodeling has been commenced on a lot and no action in equity adverse to the construction or remodeling has been instituted within six (6) months after the completion thereof, it shall be conclusively presumed that the plans were approved as constructed. 2. All lots shall be landscaped and seeded within sixty (60) days after completion of construction except when delay is caused by winter weather. All lots must be mowed and kept free and clear of trash, weeds, brush and other unsightly erosion. In the event erosion occurs, trash accumulates or weeds and/or brush are not moved or cleared, the lot owner(s) shall, within thirty (30) days after receipt of notice from the Approving Party, or his duly authorized Agent, take appropriate steps to mow, clear, or prevent and repair erosion, and if this is not done, the Approving Party, or his duly authorized Agent, shall have the right to enter upon the lot and to perform necessary work and to bill the lot owners for the actual cost of such work. 3. Nothing shall be done or permitted on the premises herein conveyed which shall create a disturbance or annoyance to adjoining landowners. 4. No fowl, poultry, birds, snakes or other animals shall be kept on the premises herein conveyed except for household pets which are kept and maintained in the household. 5. Nothing must be visible on the premises herein conveyed except those items appropriate to a residential home, so that all equipment, machinery, construction and building materials, parts, tires and similar unsightly items are prohibited unless kept garaged at all times. 6. No commercial enterprise or venture shall ever be established or maintained on Lot No. 2, nor shall Lot No. 2 be used or occupied in any objectionable manner, it being understood and agreed that the use of Lot No. 2 shall be limited to residential and/or recreational purposes. 7. No mobile home or house trailer or any temporary living quarters shall be permitted to be placed on Lot No. 2. No hazardous waste is presently being disposed of or has ever been disposed of by the Grantor or to the Grantor's actual knowledge on the premises hereby conveyed. This statement is made in accordance with the provisions of the Solid Waste Management Act 97 of 1980, H.B. 1840. TOGETHER with all and singular buildings, improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and also, all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, of her, the said Helen M. Kaseeta, at and immediately before the time of her decease, in law, equity or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD, the said tract of land described, with the buildings and other improvements thereon erected, if any there be, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said John P. Novak and Erica M. Novak, husband and wife, their heirs and assigns, to and for the only proper use and behoof of the said John P. Novak and Erica M. Novak, husband and wife, their heirs and assigns, forever. AND the said Jerry W. Zettle, Executor of the Estate of Helen M. Kaseeta, deceased, covenants, promises and agrees, to and with the said John P. Novak and Erica M. Novak, husband and wife, their heirs and assigns, by these presents, that he, the said Jerry W. Zettle, Executor of the Estate of Helen M. Kaseeta, deceased, has not done, committed, or knowingly LV n? S-46,00 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 be impeached, charged or incumbered, in title, charge, estate, or otherwise howsoever. WITNESS the due execution hereof the day, month and year first above written. WITNESS: 01 STAB /f.Qiey<A'.?D OF ?4cn n o,e£ COUNTY OF JON? ESTATE OF HELEN M. KASEETA By: (SEAL) Jer W. Z le, Executor . SS. ON THIS, the day of 4uty, 2001, before me, the undersigned officer, personally appeared JERRY W. ZETTLE, Executor of the Estate of HELEN M. KASEETA, of the State of Pennsylvania, County of Juniata, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public My Commission expires:" avo3 'M ";ii /,-. -7 DXE460i CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named Grantees is: North Middleton Township, Cumberland County, Pennsylvania mss: 2 2 C-? r z?? ttl..QC,, cl.ah ? l? s . July 20, 2001 Jo? (-3 ---_, rney for G ante COMMONWEALTH OF f'crifluvnko. COUNTY OF Cuv \b,.j uL,,, RECORDED on this day of Office of the said County, in Record Book Volume SS. , A.D., 2001, in the Recorder's at Page Given under my hand and the seal of the said of i?,? tAWrILEC11. (?tid In Cumberland County PA Rec ` • Recorder of Deeds ~' ale ? ylk r.. 1 ? w 1 1 AT. ? fC N N ??hyyJ ?y? ? ?. t?? I ? 7+ 9.y i N fq?r ? ? qq rr +?r ?v w ? O O ? a to rz . ?D G7 r+ tV r ?+ ? -•?.-• n.;i .YA Vii ? ? r LJ M? +4a vi .-+ ?? tN CN J CJI a`s r' n <] 4 : a C.:a C_+Y t_,I "I .-a 41 CFI +1' L l Ij ( - w 1 ( n ^J G N C? v ? NORTH MIDDLETON AUTHORITY Plaintiff V. JOHN NOVAK, Defendant TO THE PROTHONOTARY: :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : 06 - 5764 MILD PRAECIPE Please mark the above captioned Lien as settled and paid in full. Q / "-) G 4 d Date Hubert X. G' oy, 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. John Novak 22 Green Meadows Drive Carlisle, PA 17013 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 MARTSON LAW OFFICES By V , ?'-e/ M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /FQ/Q fry N cys c'. rv ZAI: Z5+ V 0 -n :il m -n ?y.?? 4i