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HomeMy WebLinkAbout02-3855BOROUGH OF CARLISLE 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Lewis C. Criswell NO.02.5~'~ MLD 2002 CIVIL ACTION--LAW MUNICIPAL LIEN MUNICIPAL LIEN FOR (CURB) (SIDEWALK) REPAIRS The Borough of Carlisle, Cumberland County, Pennsylvania, hereby files its claim against Lewis C. Criswell and all that certain lot or piece of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being known as 729 Franklin Street and having thereon erected a house. (See property description attached.) For Curb and sidewalk repairs for 729 Franklin Street together with an additional ten percent (10%) and $90.00 solicitor filing fee for a total of $3,251.05, together with interest sec. le,q. from January 29, 1991, the date of completion of the work. Prior notice in accordance with law was served upon the owner by first class United States certified mail, postage prepaid, at the owner's address at 729 Franklin Street in Carlisle, PA on July 17, 2002. The said services were provided by the Borough of Carlisle and the charge levied therefor in strict accordance with Article XVIII of the Borough Code, Act of February 1, 1966, P.L. 1655 (1965), No. 581, Section 1801 et._.~. seq., 53 P.S. Section 46801 et seq., Ordinance 145-C, Article II of Chapter 120, and/or Article V of Chapter 223 of the Code of the Borough of Carlisle. Edward L. Schorpp Carlisle Borough Solicitor COMMONWEALTH OF PENNSYLVANIA) :SS. COUNTY OF CUMBERLAND ) R. David Graham, being duly sworn according to law, deposes and says that he is Finance Director for the Borough of Carlisle; and that the facts set forth in the foregoing instrument are true and correct to the best of his knowledge, information, and belief. R. David Graham Sworn to and subscribed before methis ~ day of ~ ,2002 ~l(~tary Public' ~/u U d Notarla~ Seal Lucretia Heffiefinger, Notary Public Cadlsle Boro, Cumberland County My Comm ssion Exp res Apr. 19, 2004 Membe r, Pennsylvama ASSOCiaUon ol Notaries This Deed, ~ i~e 29th ~y o~' September ia the ~/#~' o£o~ ~ o~ ~and ni~ h~n~d a~d fifty-three (1953} ~ JO~ PET~ and ~,~i~ PET~, his w~fe, of ~on, Ohio, H~ M. ~YS, In her right.~d ~S A. ~YS~ her husband, of Carlisle, Pe~sylvanle, H~ L. PET~ widow, ~AROL~ PETRE 0~, her right and JO~ OTTO, her husband, F~ M. PET~, JR. and PET~, his wife, WILL~ ~TRE end ~N ~E F~T~, his wife, CHO- LiNE PE~ SMI~, in her right end RJBEHT S ~ITH, her husband, all Carlisle, Pe~sylvania, and UHSU~ P~T~ ~, In her r~ght,an~ ' DO~D W~. her husbah~ o~. Milan, ~enne~see, bel~ ell of the x~~~m~xx~xX~Xxxxxxxxxxxxxxxxxxxxx~x~xxx% ~~ma~; ~ ~ _=~tw~s x~k~x x x xx x xxxx x x xx x ~1'~ ~dk~ ~i41rt~k? x x LE',~IS C. CHI~,ELL and LU~T~ M. ~RIIT;~L, his wife, the ~rough of Carlisle, C~berl~d ~un~y, Pennsylvania, partle~ the second pert, Grantees, WIT~nSSE~H, that In con~ldcratlon of 0~ ~fJ:~b~D (,lZS.00) bO~, in hand pel~, the ~clep~ whereof l: h~by ac- ~owledge~; the O~n%~rs do he.by grant and conv~y to t~e North by property now or formerly ~f Mary E. Cerbaugh, end on the South by property now or fo~,erly of W. S. Pe%re; Con~lning feet in front ou Fr~Xlin Street and =xten~nE et en ew~n v~ldth 158 feet to said Alley; It being Lot No. ~9, in Block 16 ecc~rdln6 to the plan of 10ts l~ld out and adopted by the Carlisle L~ end p~v~ment Company as recorded In %h~ Office of the Recorder of ~e~m In an~ for Cum. berland County ln.Mlscellen[:ou~ Docket 11, page 5~Z. BE~O th~ same premises ~hlcb %~. N. Hail, widower, by deed d~te4 Lulah V. ~tre. T~ said L~lah V. Petre died Nov~ber ~, ~rvlve~ by a husband, Wllll~ Pe{re(~ho died b~cen~ber 17, end ~hree Children: John, ~zel, no~ ln~err~rried with Charle~ A. Hays, end Fre~ ~. Petre. The said Fren~ X. Petre died ~ctob~r 195E surwived by a widow, ~{el~n L. Petre, on of th~ ~Italn and the follov, lng five children wh9 to~etner ~lth tLeir r~ectlve The said Carolyn Petre Otto has executed this deed on behalf of John Otto by authority of a Power of Attorney dated July 25, ]952 and recorded in the Office of the Recorder of Deeds in and For Cumberland County on Ausust 7, 195&. ~J~ih,e~ ~lJll~reaf, the Grantor and year flrat abo~,e written. : ,'"'~-5 ~ ~ tll~=' lite ~ ~ [.:' ~:~'i'i', ..~. ' -- u,, .... . f,. ~. ~(~ ~o. t,,w,,.,. ,,,,, f~..~, ~/)~ John ~etre and ~aIrie i~et~e ~:~,g~ Hays, her husband, , -.- ~ze, .~zel .... ~a:r~ and - .4. D. 1.9 5Z , before me lite uttderst~tted o/]iccr, ,~(l official STIPULATION AGAINST AND WAIVER OF LIENS WHEREAS, YOUR TOWNE BUILDERS, 1NC. ("Contractor") entered into a contract with COC Associates, a Pennsylvania limited partnership, (Owner") to provide materials and perform labor necessary for the construction of multi-family condominium units (the "Project") upon a lot of ground located on Franklin Street, Borough of Carlisle, Cumberland County, Pennsylvania. NOW THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereo£ Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the Project. This stipulation is made and intended to be filed with the County Prothonotary in accordance with the requirements of Section 402 of the Mechanics Lien Law of 1963 codified at 49 P.S. S 1402 (Purdons 1965) of the Commonwealth of Peunsylvania. IN WITNESS WI-!Fd~OF, the said parties hereto have hereunto set their hands and seals this _,~.~ day of ~ ,2002. Signed, Sealed and Delivered in the ;nce of F/F[LES\DATAFILE/CarlisleBorough3046\Docun~ents/2004/265 pra7/tde Created: Ill 3/03 239:12 PM Revi~ed 2/5/04 11 36 09 AM 3046 265 BOROUGH OF CARLISLE, Plaintiff LEWIS C. CRISWELL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-O'8'g~ MLD MUNICIPAL LIEN PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute Harold L. Criswell, individually and as Executor of the Estate of Lewis C. Criswell, deceased (see Cumberland County Estate No. 21-69-675) as Defendant and as terre tenant. Carlisle Borough Solicitor Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2004