HomeMy WebLinkAbout02-4995
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, c:J,,) - 7'fflS tk.J
EMINENT DOMAIN - IN REM
DECLARATION OF TAKING
The Township of West Pennsboro, Cumberland County, Pennsylvania, does hereby
respectfully declare that:
L The Condemnor is the Township of West Pennsboro, with offices located at 2150
Newville Road, Carlisle, Cumberland County, Pennsylvania.
2. The properties described in Exhibit "A" attached hereto and made a part hereof,
are hereby condemned for temporary and permanent easements for the construction and
maintenance ofa public sewer collection system, pursuant to 53 P.S, Sections 1081,67501 and
67505, as amended and as authorized by a resolution adopted October 16, 2002, by said
Condemnor. A copy of said resolution is attached hereto and made a part hereof as Exhibit "B."
The original thereof may be examined at the office of the Township, 2150 Newville Road,
Carlisle, Cumberland County, Pennsylvania,
3, The purpose of the condemnation is to own, construct and maintain a public sewer
system for use by the residents of the Township of West Pennsboro, Cumberland County,
Pennsylvania.
4, A description of the properties condemned sufficient for their identification is set
forth in Exhibit "A" attached hereto and made a part hereof.
5, The nature of the interests in and to said properties listed in Exhibit "A" is for
temporary or permanent easements as shown on the plans/drawings/maps attached hereto in
Exhibit "C:'
6, A plan showing the condemned property may be inspected at the West Pennsboro
Township office, 2150 Newville Road, Carlisle, Cumberland County, Pennsylvania,
7, The just compensation for the taking, when determined, shall be paid out of the
general funds of the Township of West Pennsboro and secured by its statutory power of taxation
and no other security is required in accordance with Section 403(b) of the Eminent Domain
Code, 53 P.S. 1-403(b),
10 11s-! 0 L
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Steven], Fishman, Esquire
Attorney 10 No, 16269
Salzmann, DePaulis & Fishman, P.C
95 Alexander Spring Road, Suite 3
Carlisle, P A 17013
(717) 249-6333
Dated:
Attorney for West Pennsboro
Township, Condemnor
Length
of
Name Property Parcel Number Residence Easement
Burns, Thelma 64 W, Main Street 46-18-1394-093 p, O. Box 90, Plainfield, P A 17081 140,00 feet
Deitch, Dennis & Sharon 136 Greason Road 46-07-0475-028A 136 Greason Road, Carlisle, PA 17013 325,00 feet
Hampton, Robert & Marie 8 Pine Lane 46-] 8-] 394-076A 8 Pine Lane 225,00 feet
Miller, Harold & Bertha 130 Greason Road 46-07-0475-028B 132 Greason Road, Carlisle, PA 17013 96,00 feet
Myers, Merle & Marlene 70 E, Main Street 46-18-1392-009 718 Gobin Drive, Carlisle, PA 17013 40,00 feet
Porter, Dennis 27 Back Street 46-] 8-1394-077 p, 0, Box 207, Plainfield, P A 17081 195,00 feet
Wi Ison, Richard & Mary 140 Greason Road 46-07-0475-028 140 Greason Road, Carlisle, PA 17013 190,00 feet
Myers, Herbert W, & Anne M, 1020 Creek Road 46-07-0475-012 1545 McCoy Road, Huntington, WV 2570 I 590,00 feet!c
EXHIBIT "A"
RESOLUTION 2002-06
A RESOLUTION by the Board of Supervisors of West Pennsboro Township,
Cumberland County, Pennsylvania authorizing the taking by condemnation for temporary and
permanent easements for the installation of a public sewer system, in West Pennsboro Township,
Cumberland County, Pennsylvania.
WHEREAS West Pennsboro Township desires to acquire temporary and permanent easements
on certain tracts ofland situated in West Pennsboro Township for said purpose, which properties are
identified as follows; and
WHEREAS the Township has been unable to reach agreement with the owner of the subject tract
to acquire the necessary easements by amicable means; and
WHEREAS Sections 2501 and 2505 of the Second Class Township Code (53 P,S. Sections
67501 and 67505) authorize Townships of the Second Class to acquire land for pubic sewer system
purposes in accordance with the provisions of the Eminent Domain Code of Pennsylvania (26 P.S, l-lOl
et seq,; and
NOW THEREFORE, it is hereby resolved by the Board of Supervisors of West Pennsboro
Township, Cumberland County, Pennsylvania, that the Township select and acquire by the right of
eminent domain those temporary easements more fully described in the plans attached hereto as Exhibit
"A."
FURTHER, the Chairman of the Board of Supervisors is hereby authorized to file with the Court
of Common Pleas of Cumberland County a Declaration of Taking of the above-mentioned temporary
and permanent easements, and to take any further action that may be necessary or desirable to carry out
the intent and purposes of this Resolution.
AND FURTHER, the amount of damages, when determined, shall be paid out of the general
funds of West Pennsboro Township,
RESOLVED this 16th day of October, 2002 by the Board of Supervisors of West
Pennsboro Township,
Attest:
""st!,.~J/. Jw~
Board of Supervisors of West Pennsboro Township
~d/ &4/!/~
/ Chairman (
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EXHIBIT "B"
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SElIIER (rIP.)
PERMANENT SANITARY EASEMENT BOUNDS ALl LANDS WITHIN 1!5' OF
CENTER OF' AS-BUILT SANITARY SEWER LINES. UNLEss OTHERWISE NOTED.
TEMPORARY CONSlRUCnON EASEMENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND THE PERMANENT SANITARY EASEMENT OR PUBLIC RIGHT-Of-WAY.
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EASEMENT DlSTANCE BEYOND DEAD-END LINES IS
EOUAl TO 15' BEYOND THE As-eUIL T MANHOlE. UNLESS OTHERWISE NOlEO.
"TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LINES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANITARY EASEtotENT. UNLESS
OTHERWISE NOlED,
PHY51CAL FEA TIJRE5 SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC" ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA, 1995,
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ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY, THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES. HARRISBURG, PA, "PLAINI'IELD AREA _ KEY PLAN" DATED 2002,
DISCLAIMER:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN, PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICA nON,
0'
50'
100'
150'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTI-lORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY. PENNSYLVANIA
SCALE: 1. "" 50'
APRIL 2, 2002 DWG. No, Q-11-17
- --
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'Ihelma Bun;1s- ,- -
Parcel #46-18-1394-093
EXHIBIT "e"
Oct 11 02 02:00p
PERMANENT SANITARY EASEMENT BOUNDS ALL LANDS WIU1IN 15' OF
CENTER OF AS-BUILT SANITARY SEWER LINES. UNlESS OlHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT BOUNDS AN ADDITIONAL S' OF LAND
BEYOND THE PERMANENT SANITARY EAsalENT OR PUBLIC RIGHT-ClF-WAY,
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EASEUENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL To 15' BEYOND U1E AS-BUILT MANHOlE, UNlESS OTHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LINES IS
AN ADDITIONAL 20' BEYOND 1'HE PERMANENT SANITARY EASEMENT, UNLESS
OTHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON mIS PLAN ARE BASEO ON AERIAL PHOTOGRAMMETRY PROVlDEO BY
LOCKWOOD MAPPING, INC" ROCHESTER, NY. WITH PHDTOGRAMMETRIC GROUND CONTROL ESTABUSHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA, 1995,
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ANY SURVEYING PERFORM EO WAS FOR THE PURPOSE OF DESIGNING mE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. mIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPAREO
BY CET ENGINEERING SERVICES, HARRISBURG, PA, "PLAINFIELD AREA _ KEY PLAN" DATED 2002,
DISCLAIMFR'
NO FIELD SURVEYS OF AN Y KINO WERE PERFORMEO
TO DETERMINE OR VERIFY mE PROPERTY INFORMATION
SHOWN, PROPERTY INFORMATION SHOWN ON mIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS wrmouT VERIFICATION,
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- -
50'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCAlE: 1" = 50'
APRIL 2, 2002 DWG, No, Q-12-2
Dennis and ?ha,rillLD<=itch
Parcel #46-07-0475-028A
EXHIBIT "e"
100'
150'
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PERMANENT SANITARY EASEMENT BOUNDS AU. LANDS WITHIN 15' OF"
CENTER Of AS-BUILT SANrTARY SEWER LINES, UNLESS Oll-iERWISE NOTED,
TEMPORARY CONSTRUCTION EASEMENT BOUNDS AN' ADDITIONAL 5' OF LAND
BEYOND THE PERMANENT SANITARY EASEMENT OR PUBUC RIGHT-OF-WAY,
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL TO 15' BEYOND THE AS-BUILT MANHOLE, UNLESS OTHERWISE NOrro.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END UNES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANITARY EASEMENT, UNLESS
OTHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON mls PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC" ROCHESTER, NY. Wlm PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE. PA, 1995,
ANY SURVEYING PERFORMED WAS FDR mE PURPOSE OF DESIGNING mE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY, mIS PLAN IS A PORTION OF mE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES. HARRISBURG, PA, "PLAINFIELD AREA - KEY PLAN' DATED 2002,
DISCLAIMER'
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY mE PROPERTY INFORMATION
SHOWN, PROPERTY INFORM A TION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION,
0' 50'
~--
100'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AU1HORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNS'YLVANIA
SCAlE: ,. = 50'
SEPTEMBER 3. 2002 Dwe, No, R-12-12
150'
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RohPrtc and M?Lte Hampton
Parcel #46-18-1394-076A
EXHIBIT "e"
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PERMANENT SANITARY EASEMENT BOUNDS AU LANDS WITHIN 15' OF
CENTER OF AS-BUILT SANITARY SEYER LINES, UNLESS OTHERWISE NOTED.
TEMPORARY CONS1RUCTION EASEMENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND THE PERMANENT SANITARY EASEMENT OR PUBLIC RIGHT-OF-WAY,
UNLESS OTIiERWISE NOlEO.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL TO 15' BEYOND lliE AS-BUILT MANHOLE. UNLESS OTHERWISE NOTED.
TEM~ORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LINES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANITARY EASEUENT, UNLESS
OTHERWISE NOTED,
DISCLAIMER:
NO FIELO SURVEYS OF ANY KINO WERE PERFORMED
TO OETERMINE OR VERIFY lliE PROPERTY INFORMATION
SHOWN, PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIREC1LY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS ANO RECORDS WITHOUT VERIFICATION,
PHYSICAL FEATURES SHOWN ON 1lilS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROIlIDED BY
LOCKWOOD MAPPING, INC" ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA, 1995,
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING lliE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY, THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG. PA 'PLAINFIELO AREA - KEY PLAN" DATED 2002,
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EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUlHORITY
WEST PENNSBORO TOWNSHIP
CU~8ERLAND COUNTY, PENNSYLVANIA
SCAlE: 1" "" 50'
APRIL 2, 2002 DWG, No, Q-12-1
Harold and Bertha Miller
-Parcel #46-07-0475-028B--
EXHIBIT "e"
100'
150'
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PERMANENT SANITA~Y EASEI.lENT BOUNDS All. lANDS WIlHIN 15' OF
CENTE~ OF AS-BUILT SANITARY SEYlER LINES, UNLESS OlHERWISE NOTED,
1Et.lPORARY CONSTRUCTION EASEMENT BOUNDS AN ADDITIONAL 5' OF' LAND
BEYOND lHE PERMANENT SANITARY EAsaAENT OR PUBUC RIGHT-Of-WAY,
UNLESS olHERWISE NOTED.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END UNES IS
EQUAL TO 15' BEYOND THE AS-BUILT MANHOLE, UNLESS OlHERWISE NOlED.
TEMPORARY CONSTRUCTION EASEt.lENT DISTANCE BEYOND DEAD-END UNES IS
AN ADDITIONAl 20' BEYOND THE PERMANENT SANITARY EASEUENT, UNLESS
OTHE~WISE NOTED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN" DAIED 2002.
DISCLAIMER-
NO FIELD SURVEYS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN, PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
r-'!--
- -
100'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCAlE: 1" "" 50'
AUGUST 8, 2002 DWG. No. S-12-13
Merle and Joolart--.ene Myers
Parcel #46-18-1392-009
EXHIBIT ~'C"
150'
Oct 11 02 02:06p
WESTPENNSEOROTWP
7172431592
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PERt.lANENT SANITARY EASEMENT BOUNDS AU.. lANDS WITHIN 15' Of
CENTER Of AS-BUILT SANITARY SEWER UNES. UNlESS OTHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEt.lENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND THE PERMANENT SANITARY EASEMENT OR PUBLIC RIGHT-Of-WAY,
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL TO 15' BEYOND THE AS-BUILT t.lANHOLE, UNLESS OlHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYONO DEAD-END LINES IS
AN ADDITIONAL 20' BEYOND lHE PERMANENT SANITARY EASEMENT. UNLESS
OTHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARUSLE. PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELO AREA - KEY PLAN" DATED 2002.
DISCI AlMER-
NO FIELD SURVEYS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
~--
- -
100'
150'
-,
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORQ TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" = 50'
AUGUST 30, 2002 DWG. No. R-12-4
Dennis Porter
Parcel #46~lB-1394-077
EXHIBIT "e"
Oct 11 02 01:58p
WESTPENNSBOROTWP
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PERMANENT SANITARY EASEMENT BOUNDS AlL LANDS WIlHIN 15' Of
CENTER Of AS-BUILT SANITARY SEWER LINES, UNLESS OTHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND lHE PERMANENT SANITARY EASEMENT OR PUBLIC RIQiT-Of-WAY,
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL TO 15' BEYOND lHE AS-BUILT MANHOLE, UNLESS OlHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LlNES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANITARY EASEMENT, UNLESS
OTHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
........,
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.......,
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ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN" DATED 2002.
DISCLAIMER'
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
D' 50'
~--
- -
100'
150'
----,
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
\'€iT PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE:: ,- = 50'
APRIL 2, 2002 DWG. No. Q-13-1
EXHIBIT--De"
Richard and Mary Wilson
Parcel #46-07-0475-028
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3D' Wide Permanent
Sanitary Sewer Easement
5' Wide Temparary Constructian Easement
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HERBERT W AND ANNE M MYERS ----z-
Deed Baok 174, Page 230
DETAIL OF EASEMENT AREA
300
I
NOTE: This Plan has been prepared for right-of-way acquisitian
only and shall not be construed as a property line survey
Property lines have been plotted fram deed aescriptions and
ref/ect any inaccuracies therein.
The 30 foot wide permanent easement shall be located 15 foot
on each side of the force main as constructed.
Area of Permanent Easement = 18,936 Sq. Ft.
o 150
~
D. L. REIBER ASSOCIATES
PROFESSIONAL LAND SURVEYORS
PLAN OF SANITARY SEWER EASEMENT
OVER LANDS OF
SCALE:
HERBERT W. MEYERS
ANNE M. MEYERS
TO BE ACQUIRED BY
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORIlY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY PENNSYLVANIA
lS29 E. OfOCOLATEAVl:NUE, HERSHEY, PA 17033
(717) 533.9017 FAX (717) 534-2102
SURVEYING * MAPPING * GPS TECHNOLOGIES 1~ - 150'
02037 - 002
Herbert W" Myers and Anne M" Myers
Parcel #46-07-0475-012
EXHIBIT "en
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F:\FILES\DAT AFILE\Gendoc.cur\92612.preobjI
Created: 02125/98 12:52:59 PM
Revised: 1110610208:42:32 AM
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND CmmTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN -IN REM
TO: TOWNSHIP OF WEST PENNSBORO, AND ITS COUNSEL, SALZMANN, DEPAULIS
& FISHMAN
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
JUDGMENT MAY BE ENTERED AGAINST YOu.
PRELIMINARY OBJECTIONS
PURSUANT TO 26 P.S. ~ 1-406
AND NOW, comes Condemnees, Herbert W. Myers and Anne M. Myers, by and through
their attorneys, Martson Deardorff Williams & Otto, and hereby preliminarily object as follows:
1. On Oc!ober 15, 2002, Condemnor West Pennsboro Township filed a Declaration of
Taking purporting to condemn "temporary" and "permanent" easements for the construction and
maintenance of a public sewer collection system through, inter alia, lands of Condemnees Herbert
W. Myers and Anne M. Myers.
2. 26 P.S. Section 1-402(3) of the Eminent Domain Code requires the Condemnor to
make reference to the resolution or other action authorizing the condemnation in the Declaration of
Taking by Condemnor.
3. Paragraph 2 of the Declaration of Taking identifies "a resolution adopted October 16,
2002" as authorizing this condemnation.
4. A copy of this Resolution (No. 2002-06) was attached to the Declaration of Taking
as Exhibit B.
5. 26 P.S. Section 1-402(6) of the Eminent Domain Code requires the Condemnor to
provide a "statement of the nature of the title acquired, if any."
6. In both Paragraph 5 of the Notice of Taking a.nd the authorizing Resolution (No.
2002-06), the Condemnor states that it is acquiring "temporary" and "permanent" easements in lands
of Condemnee.
OBJECTION 1
CONDEMNOR LACKS AUTHORITY TO CONDEMN
PROPERTY DUE TO A DEFECTIVE RESOLUTION
7. The allegations contained in Paragraphs I through 6 are incorporated herein.
8. In order for the Condemnor to legally condemn the property of Condemnees,
Condemnor must authorize the action in accordance with the laws of this Commonwealth, including
the Second Class Township Code and the Eminent Domain CoOle.
9. The Resolution adopted on October 16, 2002 (No. 2002-06), was not legally adopted
by Condemnor because no advertised public meeting occurred on October 16, 2002, and
Condemnees were not given notice of the meeting and provided with an opportunity to be heard.
The Resolution is also invalid because it was obviously post-datl~d in anticipation of its "approval"
by the Supervisors on October 16th since the condemnation was fi!I~d on October 15, 2002; therefore,
Condemnor lacks authority to file the instant condemnation action under the Second Class Township
Code and the Eminent Domain Code.
WHEREFORE, Condemnees request that this Court sustain this Preliminary Objection and
order the revesting ofCondemnees' title in accordance with 26 P.S. Section 1-406(e).
OBJECTION 2
THE DECLARATION OF TAKING IS FACIALLY INSUFFICIENT
AS A MATTER OF LAW BECAUSE THE CONDEMNOR
FAILED TO ADQUATELY DEFINE THE "NATURE OF THE TITLE ACQUIRED"
10. The allegations contained in Paragraphs 1 through 9 are incorporated herein.
11. The Condemnor's claim to have acquired "temporary" easements in lands of
Condemnee is so unreasonably vague as to render the authorizing Resolution void where the extent
of the interest in not defined in terms of time limits or right to aecess. Condemnees cannot ascertain
the extent of the taking and the magnitude of damage to their property.
12. A claim to have a acquired a "temporary" easement is facially defective and fails to
satisfY the Condemnor's obligation to define the "nature of the title acquired."
WHEREFORE, Condemnees request that this Court sustain this Preliminary Objection and
order the revesting ofCondemnees' title in accordance with 26 P.S. Section 1-406(e).
Date: November 6, 2002
MARr~r9\ WILLIAMS & OTTO
BY~ :: ;
Carl C. Risch, EsqUIre
PA Attorney lD. No. 75901
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneysfor Condemnees Herbert Wand
Anne M Myers
CONDEMNATION BY WEST PENNSBORO
TOWNSlllP, OF CERTAIN LANDS IN THE
TOWNSlllP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
VERIFICA nON
I, Carl C. Risch, state that I am not a party to this action, but that, at the request of
Condemnees, Herbert and Anne Myers, and based upon knowledge, information, records, and
documents, the averments offact (if any) set forth in these Preliminary Objections are true to the best
of my knowledge and belief A verification executed by Condemnees can be supplied upon request.
I understand that false statements herein are made sub~ect to the penalties of 18 Pa.C.S.
S,ction 4904 reloting to un,worn fil),ifi",tion to outhoriti"'~v
Dated: November 6, 2002
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CML ACTION - LAW
EMINENT DOMAIN - IN REM
CERTIFICATE OF SERVICE
I, Carl C. Risch, certify that a copy of the foregoing was served by First Class Mail as
follows:
Steven 1. Fishman, Esquire:
Salzmann, DePaulis & Fishman, P.e.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Date: November 6, 2002
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F:\FILES\DATAFILE\Gendoc.cur\107:59.preobjsl
Created: OV2:5/98 12::52:59 PM
Revised: 11112102 03:32:13 PM
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
TO: TOWNSHIP OF WEST PENNSBORO, AND ITS COUNSEL, SALZMANN, DEP AULIS
& FISHMAN
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
JUDGMENT MAYBE ENTERED AGAINST YOU
PRELIMINARY OBJECTIONS
PURSUANT TO 26 P.S. ~ 1-406
AND NOW, comes Condemnees" Dennis and Sharon Deitch, by and through their attorneys,
Martson Deardorff Williams & Otto, and hereby preliminarily object as follows:
1. On October 15, 2002, Condemnor West Pennsboro Township filed a Declaration of
Taking purporting to condemn "temporary" and "permanent" easements for the construction and
maintenance of a public sewer collection system through, inter alia, lands of Condemnees Dennis
and Sharon Deitch.
2. A plan/drawing/map showing the location of the proposed temporary and permanent
easements through the land ofCondemnees was attached to the Declaration of Taking as a portion
of Exhibit C.
3. A portion of the proposed easement passing through the land ofCondemnees is being
taken by Condemnor for use as a spur off the sewage collection system for the benefit of various
privately owned parcels located behind the lands of Condemnees.
4. This spur constitutes a service line for the sole benefit of the individual consumers
located behind the lands of Condemnees and is not being taken for a public use. The individual
consumers that will be served by this service line must either be connected to the system via a public
right-of-way or the individual consumers must independently purchase a right-of-way from
Condemnees.
5. 26 P.S. Section 1-402(3) of the Eminent Domain Code requires the Condemnor to
make reference to the resolution or other action authorizing the condemnation in the Declaration of
Taking by Condemnor.
6. Paragraph 2 ofthe Declaration of Taking identifies "a resolution adopted October 16,
2002" as authorizing this condemnation.
7. A copy of this Resolution (No. 2002-06) was attached to the Declaration of Taking
as Exhibit B.
8. 26 P.S. Section 1-402(6) of the Eminent Domain Code requires the Condemnor to
provide a "statement of the nature of the title acquired, if any."
9. In both Paragraph 5 of the Notice of Taking and the authorizing Resolution (No.
2002-06), the Condemnor states that it is acquiring "temporary" and "permanent" easements in lands
of Condemnee.
OBJECTION 1
CONDEMNOR LACKS AUTHORITY TO CONDEMN
PROPERTY DUE TO A DEFECTIVE RESOLUTION
10. The allegations contained in Paragraphs 1 through 9 are incorporated herein.
11 In order for the Condemnor to legally condemn the property of Condemnees,
Condemnor must authorize the action in accordance with the laws of this Commonwealth, including
the Second Class Township Code and the Eminent Domain Code.
12 The Resolution adopted on October 16, 2002 (No. 2002-06), was not legally adopted
by Condemnor because no advertised public meeting occurred on October 16, 2002, and
Condemnees were not given notice of the meeting and provided with an opportunity to be heard.
The Resolution is also invalid because it was obviously post-dated in anticipation of its "approval"
by the Supervisors on October 16th since the condemnation was filed on October 15, 2002; therefore,
Condemnor lacks authority to file the instant condemnation action under the Second Class Township
Code and the Eminent Domain Code.
WHEREFORE, Condemnees request that this Court sustain this Preliminary Objection and
order the revesting ofCondemnees' title in accordance with 26 P.S. Section 1-406(e).
OBJECTION 2
THE DECLARATION OF TAKING IS FACIALLY INSUFFICIENT
AS A MATTER OF LAW BECAUSE THE CONDEMNOR
FAILED TO ADQUATELY DEFINE THE "NATURE OF THE TITLE ACQUIRED"
13. The allegations contained in Paragraphs 1 through 12 are incorporated herein.
14. The Condemnor's claim to have acquired "temporary" easements in lands of
Condemnee is so unreasonably vague as to render the authorizing Resolution void where the extent
of the interest in not defined in terms of time limits or right to access. Condemnees cannot ascertain
the extent of the taking and the magnitude of damage to their property.
15. A claim to have a acquired a "temporary" easement is facially defective and fails to
satisty the Condemnor's obligation to define the "nature of the title acquired."
WHEREFORE, Condemnees request that this Court sustain this Preliminary Objection and
order the revesting ofCondemnees' title in accordance with 26 P.S. Section 1-406(e).
OBJECTION ill
THE TOWNSHIP OF WEST PENNSBORO LACKS THE POWER
TO APPROPRIATE THAT PORTION OF THE CONDEMNED
PROPERTY THAT WILL NOT BE USED FOR A PUBLIC PURPOSE
16. The allegations contained in Paragraphs 1 through 15 are incorporated herein.
17. The Condemnor lacks the power to appropriate that portion ofthe easement portrayed
in the plan/drawing/map attached to the DecIaration of Taking as Exhibit C that connects
neighboring propertied to the sewage collection system.
18. This portion of the proposed easement will not be used for a public purpose as a
matter oflaw.
WHEREFORE, Condemnees request that this Court sustain this Preliminary Objection and
order the revesting of Condemnees' title in accordance with 26 P S. Section 1-406( e) for that portion
of the proposed easement that connects neighboring properties to the sewage collection system.
F WILLIAMS & OTTO
By
Carl C. Risch, Esq. e
PA Attorney I.D. No. 75901
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Condemnees Dennis and Sharon
Deitch
Date: November 13, 2002
VERIFICA nON
The foregoing Preliminary Objections are based upon information which has been gathered
by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
/Jt4{/H~: /;/ M~/~
CONDEMNATION BY WEST PENNSBORO
TOWNSlllP, OF CERTAIN LANDS IN THE
TOWNSlllP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
CERTIFICATE OF SERVICE
I, Carl e. Risch, certify that a copy of the foregoing was served by First Class Mail as
follows:
Steven 1. Fishman, Esquire
Salzmann, DePaulis & Fishman, P.e.
95 Alexander Spring Road, Suite 3
Carlisle, PAl 70 13
Date: November 13, 2002
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CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
ORDER
AND NOW, this day of
,200--, in consideration ofCondemnees'
Preliminary Objections, said objections are SUSTAINED, the Declaration of Taking is struck from
the record, and title is hereby revested in Condemnees Dennis and Sharon Deitch. This Order shall
be recorded with both the Recorder of Deeds of Cumberland County and the Prothonotary of
Cumberland County.
J
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
HAROLD WEARY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within DECLARATION OF TAKING
was served upon
MILLER HAROLD
the
CONDEMNEE
, at 1054:00 HOURS, on the 30th day of October
2002
at 130 GREASON ROAD
CARLISLE, PA 17013
by handing to
HAROLD MILLER
a true and attested copy of DECLARATION OF TAKING
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.14
.00
10.00
.00
32.14
..-.:;:P'-"'/,.
.t" ;:-L
R. Thomas
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Kline
10/31/2002
SALZMANN DEPAULIS FISHMAN
Sworn and Subscribed to before By:
me this
...-
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day of
ff
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~, I:) Ind!L..., 4~
P 0 onotary I
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
HAROLD WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within DECLARATION OF TAKING
was served upon
MILLER BERTHA
the
CONDEMNEE
, at 1054:00 HOURS, on the 30th day of October
at 130 GREASON ROAD
2002
CARLISLE, PA 17013
by handing to
BERTHA MILLER
a true and attested copy of DECLARATION OF TAKING
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
R. Thomas Kline
..,:.<~~
..._,:.;;;-,~
10/31/2002
SALZMANN DEPAULIS FISHMAN
Sworn and Subscribed to before
By:
me this
. u.-
C, -
day of
7~f 4.;~?r/
Deputy She ff
~ 02t.'O.;L A.D.
~~Q~.~
othonotary
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-4995
RICHARD WILSON and
MARY WILSON, Husband and Wife,
Defendants
: CIVIL ACTION LAW
: EMINENT DOMAIN - IN REM
PRAECIPE FOR RULE
In accordance with the provisions of Section 407(a) of the Pennsylvania Eminent
Domain Code (26 P,S. Section 1-407(a) you are hereby requested to issue a rule upon the
above captioned Defendant's, returnable within five (5) days after service upon
Defendant condemnees, why a Writ of Possession should not issue.
Respectfully Submitted,
;:r(.<.J"l e ~ 2...<:>03
'~~re
Attorney ID No. 16269
Salzmann, DePaulis & Fishman, P,C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
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WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4995
v.
RICHARD WILSON and
MARY WILSON, Husband and Wife,
Defendants
: CIVIL ACTION LAW
: EMINENT DOMAIN - IN REM
RULE TO SHOW CAUSE WHY WRIT OF POSSESSION
SHOULD NOT ISSUE
UPON consideration of the Praecipe filed by Plaintiff:
IT IS ORDERED that the Defendants show cause before this Office within five
(5) days of service hereof why a Writ of Possession should not issue as provided by
Section 407 (a) of the Pennsylvania Eminent Domain Code (P.S. 26 ~I-407(a),
Dated: ~1NtA _~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
was served upon
WILSON RICHARD
the
DEFENDANT
, at 2100:00 HOURS, on the 27th day of June
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
by handing to
RICHARD WATSON
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.14
.00
10.00
.00
32.14
.r~~;~?/~
R. Thomas Kline
Sworn and Subscribed to before
06/30/2003
SALZMANN DEPAULIS FISHMAN!?
~r7
By: ~ ~"I
De ty Sherif
me this 3M( day of
0~< ~tJt).3 A. D.
, 0_ !lt~e(l".J . O,.,-T;.,
Prothonotary '--'--'
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
was served upon
says, the within RULE TO SHOW CAUSE
WILSON MARY
the
DEFENDANT
, at 2100:00 HOURS, on the 27th day of June
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
RICHARD WILSON, HUSBAND
by handing to
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this 3.~ day of
~ d.fJ7J-) A.D.
rL,,-<-- Q )u;;t,..-- AtAt:.l
/Prothonotary ( TO]
So Answers:
~f'?L' _' _.~' pij
r ~~...,'~,.~r."'~"f~
R. Thomas Kline
06/30/2003
SALZMANN DEPAULIS FISHMAN, ~
By: ~~/gt/.
De/,y Sheriff
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
: IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 02-4995
: EMINENT DOMAIN - IN REM
PETITION OF WEST PENNSBORO TOWNSHIP FOR WRIT OF POSSESSION
The Petition of West Pennsboro Township ("Condemnor") pursuant to 9407(a) of the
Eminent Domain Code, 26 Pa. Stat. Ann, 91-407, represents:
I. A Declaration of Taking was filed on October 15, 2002, at the above-
named court term and number in the Court of Common Pleas of Cumberland County. A copy
of said Declaration of Taking is attached hereto as Exhibit "A".
2, Included in the said Declaration of Taking was property owned by Richard
and Mary Wilson ("Condemnee") located at 140 Greason Road, Carlisle, Cumberland County,
Pennsylvania,
3. On June 10, 2003, Condemnor made Condemnee a written offer to pay
Condemnor's estimate of just compensation for condemnee's real estate in the amount of
$100.00. A copy of written offer is attached as Exhibit "B".
4, On May 22, 2003, Condemnor notified Condemnees in writing that they
must provide access to the Condemnor for surveying and sewer line installation within the
easement. A copy of the notice is attached as Exhibit "C".
5. On numerous occasions since May 22, 2003 the Township and its agents
and/or employees have communicated the Township's desire to exercise its right to possession
of the subject easement.
6. Condemnee has withheld and continues to withhold possession of the
property from Condemnor by refusing access to the Township, its agents and employees to
survey the easement and install the sewer line.
7. Condemnor is entitled to possession of the condemned easement,
conditioned upon payment to the Prothonotary of Condemnor's estimate of just compensation
in the amount of $100.00 for the use and benefit ofCondemnee as their interest may appear,
WHEREFORE, Condemnor, West Pennsboro Township, requests that this Court grant a rule
on Richard and Mary Wilson to show cause why a Writ of Possession conditioned upon
payment of the Prothonotary of $1 00.00 for the use and benefit of Richard and Mary Wilson as
their interest may appear, shall not issue,
Date: wlO?
Respectfully Submitted,
C-
Steven . ishman, e
Attorney ID No. 16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Solicitor for Condemnor
',co'p:'1\( 4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. Od - tj/f;;~S- 4..:'J-'
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN - IN REM
DECLARATION OF TAKING
The Township of West Pennsboro, Cumberland County, Pennsylvania, does hereby
respectfully declare that:
I. The Condemnor is the Township of West Pennsboro, with offices located at 2150
Newville Road, Carlisle, Cumberland County, Pennsylvania,
2. The properties described in Exhibit "A" attached hereto and made a part hereof,
are hereby condemned for temporary and pennanent easements for the construction and
maintenance ofa public sewer collection system, pursuant to 53 P.S. Sections 108\, 67501 and
67505. as amended and as authorized by a resolution adopted October 16, 2002, by said
Condemnor, A copy of said resolution is attached hereto and made a part hereof as Exhibit "B:'
The original thereof may be examined at the office of tht: Township. 2150 Newville Road.
Carlisle, Cumberland County, Pennsylvania.
3. The purpose of the condemnation is to own, construct and maintain a public sewer
system for use by the residents of the Township of West Pennsboro, Cumberland County,
Pennsylvania.
4. A description of the properties condemned sufficient for their identification is set
forth in Exhibit "A" attached hereto and made a part hereof.
5. The nature of the interests in and to said prope:rties listed in Exhibit .'N' is for
temporary or permanent easements as shown on the plans/drawings/maps attached hereto in
Exhibit "C."
6. A plan showing the condemned property may be inspected at the West Pennsboro
Township office. 2150 Newville Road. Carlisle. Cumberland County. Pennsylvania.
7. The just compensation for the taking, when determined. shall be paid out of the
general funds of the Township of West Pennsboro and secured by its statutory power of taxation
and no other security is required in accordance with Section 403(b) of the Eminent Domain
Code. 53 P.S. 1-403(b).
Dated:
10/,.5"102-
<:..~----- ,.~,,,--'--' -, .
~~_._____.._u..
~ - -'"'-'~--.-
-==~
,
Steven J. Fishman. Esquire
Attorney ID No. 16269
Salzmann. DePaulis & Fishman. P.C.
95 Alexander Spring Road. Suite 3
Carlisle, P A 17013
(717) 249-6333
Attorney for West Pennsboro
Township, Condemnor
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Gerald Barrick, being duly sworn according to the law, deposes and says that he is
Chairman of the Board of Supervisors of West Pennsboro Township, Cumberland County,
Pennsylvania and makes this Affidavit in its behalf, being familiar with the facts and having
authority so to do; and that all of the statements in the foregoing Declaration of Taking are true
and correct to the best information, knowledge and belief,
NOTARIAL SEAL
EVELYN M. SWARTZ, Notary Public
West Pennsboro Twp., Cumberland Co., PA
My Commission expires Oct. 13, 2003
. i,leL du/WD
. Gerald BarriEk , Chairman
West Pennsboro Township Board
Of Supervisors
Sworn to and subscribed
befo me, this 15 P"day
of t 2002.
.Sw~
My Commission Expires: 1tJ/3;0 ~
Length
of
Name Property Parcel Number Residence Easement
Burns. Thelma 64 W. Main Street 46-18-1394-093 P. o. Box 90. Plainfield. PA 17081 140.00 feet
Deitch. Dennis & Sharon 136 Greason Road 46-07-0475-028A 136 Greason Road. Carlisle. PA 17013 325.00 feet
Hampton. Robert & Marie 8 Pine Lane 46-18-1394-076A 8 Pine Lane 225.00 feet
Miller. Harold & Bertha 130 Greason Road 46-07-0475-028B 132 Greason Road. Carlisle. PA 17013 96.00 feet
Myers. Merle & Marlene 70 E. Main Street 46-18-1392-009 718 Gobin Drive. Carlisle. PA 17013 40.00 feet
Porter. Dennis 27 Back Street 46-18-1394-077 P. O. Box 207. Plainfield. PA 17081 195.00 feet
Wilson. Richard & Mary 140 Greason Road 46-07.0475-028 140 Greason Road. Carlisle. PA 17013 190.00 feet
Myers. Herbert W. & Anne M. 1020 Creek Road 46-07-0475-012 1545 McCoy Road. Huntington. WV 25701 590.00 feetot
EXHIBIT" A"
RESOLUTION 2002-06
A RESOLUTION by the Board of Supervisors of West Pennsboro Township,
Cumberland County, Pennsylvania authorizing the taking by condemnation for temporary and
permanent easements for the installation of a public sewer system, in West Pennsboro Township,
Cumberland County, Pennsylvania.
WHEREAS West Pennsboro Township desires to acquire temporary and permanent easements
on certain traCts ofland situated in West Pennsboro Township for said purpose, which properties are
identified as follows; and
WHEREAS the Township has been unable to reach agreement with the owner of the subject tract
to acquire the necessary easements by amicable means; and
WHEREAS Sections 2501 and 2505 of the Second Class Township Code ( 53 P.S. Sections
67501 and 67505) authorize Townships of the Second Class to acquire land for pubic sewer system
purposes in accordance with the provisions of the Eminent Domain Code of Pennsylvania (26 P.S. 1-101
et. seq.; and
NOW THEREFORE, it is hereby resolved by the Board of Supervisors of West Pennsboro
Township, Cumberland County, Pennsylvania, that the Township select and acquire by the right of
eminent domain those temporary easements more fully described in the plans attached hereto as Exhibit
"A."
FURTHER, the Chairman of the Board of Supervisors is hereby authorized to file with the Court
of Common Pleas of Cumberland County a Declaration of Taking of the above-mentioned temporary
and permanent easements, and to take any further action that may be necessary or desirable to carry out
the intent and purposes of this Resolution.
AND FURTHER, the amount of damages, when determined, shall be paid out of the general
funds of West Pennsboro Township.
RESOLVEDthis 16th day of October, 2002 by the Board of Supervisors of West
Pennsboro Township.
Attest:
d<efl7V JI JtvlZuJ
--Secretary,' ../
Board of Supervisors of West Pennsboro Township
~dI/ A/1/l/~
/ Chairman <'
~ ~~~~
Su ervis~;
EXHIBIT "B"
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of the Resolution adopted by West
Pennsboro Township at a meeting held on October 16,2002.
WEST PENNSBORO TOWNSHIP
J
/)1 /' Y (! /,' -.L-
BY:~(~/ ' ~tt{/vc..';r
Evelyn S , ecretary tI
7172431592
p.'
01:59p WESTPENNSBOROTWP
1I1'1-finc7 0
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.
NEW
SANITARY
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(TYP.)
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PERMAHENT SANITARY EASOIENT BOUNDS AU. LANDS WI'THIN 15' Of
CENlER Of' AS-BUIL T SANITARY SEYlER UNES, UNLESS OlHERWISf HOlED.
TDlPQRARY C(.flISlRUCTION EASEMENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND 1HE f'ERUANENT SANITARY EASEMENT OR PUBUC RIGHT-Of-WAY,
UNLESS otHERWISE NOTED.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END UNES IS
EQUAL m 15' BEYOND mE AS-BUilT MANHOLE. UNLESS O'THERWISE NOlED,
TEWPORARY CONSlRUCTION EASEMENT DISTANCE BEYOND DEAD-END UNES IS
AN ADDmONAl 20' BEYOND 'THE PERMANENT SANITARY EASEMENT, UNLESS
O1HERWlSE N01ED,
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING. INC" ROCHESTER. NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABUSHED
BY nSHER MOWERY ROSENDALE AND ASSOCIATES OF CARUSLE, PA. 1995.
..~
r~
", ". ~ . .......
--
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG. PA, "PLAINnELD AREA - KEY PLAN" DATED 2002.
150'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO ,-QWNSHIP
MUNICIPAL AUTHORITY
~ PENNSBORO TOWNSH1P
CUMBERlAND COUNTY, PENNSYLVANIA
SCALE: 1" "" so'
APRIL 2, 2002 DWG. No. Q-11-17
DISCLAllAER:
NO FIELD SURVEYS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHO\\lol. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSlotENT MAPS AND RECORDS WITHOUT VERIFICA nON.
0' 50'
~-
100'
TheJllIa J3UrIlS-.--
Parcel #46-18-1394-093
mrnTBIT "e"
Oc~ 11 02 02:00p
WESTPENNSBOROTWP
7172-431592
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DISClAIIIER
(l'tP.)
<<ITCH. DOINIS C .. SHARON LOll
D.s. 24V PC. 2!U
PARe. I"-07-0475-Q28A
.
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(TYP.)
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PERMANENT S"'NIlARY EASElolENT BOUNDS ALL lANDS WIlHtN 15' OF'
CENTER OF AS-BUILT SANITARY SEWER UNES, UNlLSS OlHERWlSE NOTED.
iEt.4PORARY CONSlRUCTION EASEMENT BOUNDS AN ADDITIONAL 5' OF' LAND
BEYOND lHE PERMANENT SANITARY EASEtdENT OR PUBLIC RIGHT-Of-WAY,
UNLESS OlHERWISE NOTED.
PERMANENT SANITARY EASEJ,lENT OISTANCE 8EYOND DEAD-END UNES IS
ECUAL TO 15' BEYOND lrIE AS-8UII. T MANHOLE. UNLESS OlrlERWlSE NOTED.
'TEMPORARY CQNSlRUCTION EASEMENT DISTANCE BEYOND OE,6,D-ENO UNES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANIT,6,RY EASEMENT, UNLESS
OTHERWISE NOlED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHDTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASlEWA lER COLLECTION AND
CONVEYANCE SYSlEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. .PLAINFIELD AREA - KEY PLAN" DATED 2002.
0' 50'
~
100'
150'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO tOWNSHIP
MUNICIPAL AUTHORITY
\NEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" "" 50'
APRIL 2, 2002 DWG. No. Q-12-2
Dennis and Shar.Qn Deitch
parcel #46-07-0475-028A
EXHIBIT "e"
DISCLAIMER:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DElERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PRDPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
Oct 11 02 02:01p
~ESTPENNSBOROTWP
7172.431582
p.8
..!
,0
\*
o
PERMANENT SANITARY EASEMENT BOUNDS AU. LANDS WITHIN 1~' Of'
CENl[R aF AS-BUn.T SANITARY ~ UNES. uNL.ESS OlHERWISE N01ED.
lDIPORARY CONSTRUCTION EASEMENT SOUNDS AN ADDITIONAL 5' OF lAND
BEYOND lHE PERWANENT SANITARY EASEMENT OR P\lBUC RIGHT-OF-WAY,
UNlnS OlHERWISE NOTED.
PERMANENT SANITARY EASBlDlT DISTANCE BEYOND DEAl>-END UNES IS
EQUAL TO 15' BEYOND mE AS-BUILT WANHOLE, UNLESS OntERWISE NOlED.
lDIPDRARY CQNSTRUCTION EASDIENT DISTANCE BEYOND DEAD-END UNES IS
AN ADOmDNAL 2ft BEYOND "THE PERMANENT SANITARY EASEMENT, UNLESS
01HERWIlIE NOlED.
PHYSICAL FEAlURES SHOWN ON lHIS PLAN "'RE B"'SED ON AERI"'L PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY. WITH PHOTOGR"'MMETRIC GROUND CONTROL EST...BLlSHED
BY FISHER MOWERY ROSENDALE "'ND ASSOCI"'TES OF CARUSLE, PA. 1995.
t '"1 ~
ANY SURVEYING PERFORMED WAS FOR lHE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. lHIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY GET ENGINEERING SERVICES, HARRISBURG, P.... .PLAINFIELD AREA - KEY PLAN" DATED 2002.
0' 50'
~...
100'
150'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO" TOWNSHIP
MUNICIPAL AUTHORITY
\\C;T PENNSBOIlO ro\WlSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: ,- = SO'
SEPTEMBER 3, 2002 DWG. No. R-12-12
DISClAIUF'R' ..
NO FIELD SURVE'IS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORM'" TION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN W"'S T"'KEN DIRECiL Y FROM CUMBERLAND COUNTY
TAX ASSESSNENT MAPS AND RECORDS WITHOUT VERIFIC"'TION.
Fnl-Prt and Mp.rie Hampton.
Parcel #46-18-l394-076A
EXHIBIT "e"
Oct 11 02 02:04p
WESTPENNSBOROTWP
BARN
r
~
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OIl/UER.IWlOtDC~8Df1NAM
. o.s.nAPC.816
PMC.II6-lJ7-01J5-l1:M8
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(TYP.)
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7172431592
reo. :::;
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MH 15.9
GREASON ROAD
NEW
SANITARY
SEVel
(TYP.)
PERMANENT SANITARY EASEWENT BOUNDS ALL LANDS WnHIN 15' OF
CENTER OF' AS-SUILT SANITARY SEWER UNES. UNlESS OTHERWISE NOiED.
'TEMPORARY CONStRUCTION EASOIENT BOUNDS AN ADDITIONAL 5' OF LAND
BEYOND lHE PERMANENT SANITARY EASEMENT OR PUBLIC RIGHT-Of-WAY,
UNLESS OTHERWISE NOW.
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END UNES 15
EQUAL. TO 15' BEYOND lHE AS-BUILT r.lANHOlE, UNLESS OTHERWISE NOTED.
lD.lPORARY CONSTRUcnON EASEMENT DISTANCE BEYOND DEAD-END UNES IS
AN ADDITIONAl. 20' BEYOND M PERMANENT SANITARY EASEMENT, UNLESS
01liERWISE NOTED,
PHYSICAL FEAnJRES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING. INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES Of CARLISLE. PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN" DATED 2002.
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO'TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNS'l1..VANIA
SCALE: 1" = SO'
APRIL 2, 2002 DWG. No. 0-12-1
Harold and Bertha Miller
Parcel #46-07-b47S-028B-
EXHIBIT "e"
DIS~ A Turn:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
~~...
100'
150'
Oct 11 02 02:04p
. WESTPENNSBOROTWP
I
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SEWER
(T'IP.)
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PERMANENT SANITARY EASatENT BOUNDS ALL LANDS WIlHIN 15' OF
CENTER or AS-SUR. T SANITARY sa.m UNE5. UNLESS OlHERWISE NOTED.
ltWPORARY CQNSTRUC11C11 EASEMENT BOUNDS AN ADQtiIONAL 5' Of !.AND
BEYOND 'tHE PERMANENT SANITARY EASENENT '" PUBUC RIGHT-Of-WAY,
UNlESS Q1HERWlSE HOlD).
PERMANENT SANITARY EASEMENT DISTANCE BEYOND DEAD-END UNES IS
EQUAL TO 15' BEYOHD lHE A.S-BUILT MANHOLE. uNLESS OlMERwtSE NOlED.
TEMPORARY CONSTRUCnON EASEMENT DISTANCE BEYOND DEAD-END UNES IS
AN A.OQmONA.L. 20" BEYOND niE PERMANENT SANITARY EASEMENT, UNLESS
O1HERWlSE NOtED,
PHYSIC"'L FEA11JRES SHO'M'l ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD M"'PPING, INC., ROCHESTnl. NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY nSHER MO~Y ROSENDALE AND ASSOCI"'TES OF CARLISLE, P.... 1995.
~~
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c"~
as:=>
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE W"'STEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY, THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTnl PLAN PREPARED
BY CET ENGINEERING SERVICES, H"'RRISBURG, PA. "PLAINnEW AREA - KEY PLAN" DA 1m 2002.
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
v.c;T PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" - 50'
AUGUST B, 2002 OWG. No. 5-12-13
Merle and~).eoe Myers
parcel *46~18-1392-009
EXHIBIT "e"
OTSCLA TUFR. .
NO nEW SURVEYS OF ...NY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHO'M'l, PROPERTY INFORM"'TION SHO'M'l ON THIS
PLAN W"'S T...KEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERmCATION.
0' 50'
~--
106'
150'
I
Oct 11 02 02:06p
WESTPENNSBOROTWP
7172'11-31592
p.ll
0--
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RAZED24 8UJ(;. . ./
f
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';~ SANITARY >if
~
(1'IP.)
o
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o
POlITER. DOtM$l
0.8. 187 p(;. f$J
PARe. /46-18-'~0:J7
o
80
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PERl.4ANENT SANITARY EASEMDlT BOUNDS ALL lANDS WITHIN 15' OF
CENlER Of A5-B\JILT SANITARY SEVER UNES. UNLESS OTHERWISE NOlED.
"TEMPORARY CD\ISTRUCTlON EASEMENT BOUNDS AN ADDITIONAl. 5. or LAND
BEYOND lHE PERMANDlT SANITARY EASEMENT OR PUBl.lC RIGHT-OF-WAY,
UNl.ESS OTHERWISE NOTED.
PERMANENT SANITARY EASEMENT D1STANCE BEYOND DEAD-ENe UNES IS
EOUAL TO 15' BEYOND THE AS-BUILT MANHOLE, UNL.ESS OTHERWISE NOlED.
lEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LINES IS
AN ADDITIONAl. 20' BEYOND lHE PERMANENT SANITARY EASEMENT, UNLESS
01HERWISE NOlte.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABUSHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARUSLE, PA, 1995.
...-""
t-~~
~. ~
--..
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES. HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN" DATED 2002.
0'
50'
100'
150'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORO TOWNSHIP
CUMBERlAND COUNTY, PENNSYLVANIA
SCALE: ,. = 50'
AUGUST 30, ZDOZ DWG. No. R-12-4
Dennis Porter
parcel #46-18-1394-077
EXHIBIT "C"
DTSCLAnAF:R~
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT ~APS AND RECORDS WITHOUT \/ERIFICATlDN.
,..~-
- -
I
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PERWAHENT SANITARY EASDlENT BOUNDS AlL lANDS WIlHIN 15' OF'
CEN1ER OF AS-BUIL T SANITARY SDER LINES. UN.ESS OTHERWISE NOTED.
TDlPORARY CONSTRUCllDN EASEMENT BOUNDS 1M ADDmONAL ~ OF LAND
BE"tQND 1HE PERtIANfNT SANITARY EASEMENT DR PUBLIC RICHT-QF'-WAY,
UNLESS OtHERWISE HOlED.
PERMANENT SANITARY EASOlENT DISTANCE BEYtIND DEAD-END UNES IS
EQUAL 10 1S' BEYtIID THE AS-BU1L T MANHa.E, UNLESS OTHERWISE NOTED.
'IDIP(IftNn' C(IrIIS1RUCTIQN EASaIENT DISTANCE BEYOHD DEAD-END UNES IS
AN ADDmONAL 20" BEYOND tHE PERMANENT SANITARY EASEWENT, UNLESS
OlHERWlSE NOTED.
PHYSIC"'L FEATURES SHOWN ON THIS PLAN ARE BASED ON AERI"'L PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING. INC., ROCHESTER, NY, WITH PHOTOGRI\MMETRIC GROUND CONTROL ESTMlLISHED
BY nSHER MOWERY ROSEND.o.LE AND ASSOCIATES OF CAALISLE, P.... 1995.
-
---
.-
-
-
.....-
.-
-
ANY SURI/EYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE W...STEWA TER COLLECTION AND
CONI/EY"'NCE SYSTEM ONLY. THIS PLAN IS ... PORTION OF THE SANITAAY SEWER MASTER PLAN PREPAAED
BY CET ENGINEERING SERVICES. H"'RRISBURG, P.... "PLAINnELD AAEA - KEY PLAN" DATED 2002.
OISCLA TU'F"R.
NO nELD SURI/EYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORM"'TION
SHO\\N, PROPERTY INFORM"'TION SHO\\N ON THIS
PLAN W...S r...KEN DIRECTLY FROM CUMBERLAND COUNTY
TAX "'SSESSMENT Il.IPS AND RECORDS WITHOUT ~IFICJ,TION.
0' 50'
~-
100'
150'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORIlY
v.EST Pa.NSBORO TO'MoISHIP
CUMBERLAND COUNlY, PENNSYLVANIA
SCALE: ,- - 50'
APIi:IL 2, 2002
DWG. No. Q-13-1
EXHImT....IIc.. , .
Richard and Mary Wilson
parcel #46-07-0475-028
SALZMANN, DEPAULIS &FrSHMAN, P.c.
G. BRYA..'l SAlZMANN. E.liQ.
S"fE\'&'!J. FISH""''!, E.'Q.
ANN F. DEPAULL', EsQ.
:-IORMAJ. BARTKO. EsQ:
\VILLli\..\t\V. THOMPSO:\', EsQ.'
MEllSSA K, DIYELY, EsQ.
. .-\1.,>0 .-\DMITI'WTO MAIO:LA.'>;D IL-\R
PARALEGALS:
PAMELA R. KOHLER
BARBARAJ. MOSlOR
lAURIE]. PORTER
TRIClA L. BAILEY
REPLY TO:
95 AlE.'{A:.'ZDER SPRI:\G ROAD. SCITE 3 . CARUSLE, PA 17013
(717) 249.63:13 FAX (7171249.7334
4.55 PHOENIXDRI\'E. SClTEA. CH.-\.\-iBERSBURG,PA 17201
(717) 263.2121 FAX (717) 263-0663
105 :\"OHTH FROr-.'T STREET. SCITE401 . HARRISBURG. PA 17101
(717) 232-9420 FA.X (717) 232-1970
June 10,2003
Richard and Mary Wilson
140 Greason Rd,
Carlisle, P A 17013
Re: West Pennsboro Township Municipal Authority
Declaration of Taking
No. 02-4995
Dear Mr. and Mrs. Wilson,
In accordance with the procedures of the Pennsylvania Eminent Domain Code you are hereby notified that
the Authority is prepared to pay you the sum of $1 00 as just compensation for the above related
condemnation. If agreeable to you, please acknowledge below and return a copy of this offer to the
Authority in the enclosed self-addressed stamped envelope,
Very truly yours,
~.
=-~
<"",',
Steven J. Fishman
Solicitor
And now this day of June the undersigned accept the sum of$IOO in full compensation for the
Declaration of Taking as referenced above by the West Pennsboro Township Municipal Authority,
Richard Wilson
Mary Wilson
CONCE:-lTRA TING IN ENVIRONM'
ESs, REAL ESTATE, AND MC:\ICIPALLAW
.
SAlZMANN, DEPAULIS& FISHMAN, P.C.
G. BRYAN Shl.:l.MANN, F.SQ.
STEYEN]. FlSIIMAN. K'iQ.
ANN 1". 1)i'jlAl'lJS. K'Kl.
:'l()RMAJ.1\ARTKO,I.',SU,*
WIl.UAM \V. TIIOMPSOS. K'iQ..
Ml-:lJSSA K. DI\'t:l.Y.l':''K1.
'.-\1.';0 h!lMTI'n:nTU MARYI.\Nl) I\AJl
PARAlEGAlS:
PAMflA R, KOlll.ER
BAlUlARA], MostOR
tAl IHIE.}. PORTER
TIUt.1A L. BAll.EY
Rl-:I'I.YT():
95 Al.E.'XANDERSI'IUN{; UOAI). St'ln:3. CARU"iU':. PA 170J:-\
(717) ::!.~~)"(i:'Ja,'1 lo'AX (717) ~N9-7:-h'H
,J[h'i PIlOENIX Dlun:. SlTI"EA . CIIAMIlERSI\l!ltG; Ph 17201
(717) 21;,1.2121 FAX (717) 26,J.1~~;3
105 NORTII FltOfl,iTS'mEET. surn:.WI . HARRlsut'RG, PA 17lO1
(717) 232-~"~2(} l'~'\.'{ (717) 2:-\2-1970
.,
:-)
May 22, 2003
Mr. & Mrs. Richard Wilson
140 Greason Road
Carlisle, PA 17013
Dear Mr. & Mrs. Wilson:
As you know the West Pennsboro Township Municipal Authority is proceeding with
construction of the Plainfield Sewer Project. Because you failed to return the proposed easement
agreement the Township condemned an easement across your property adjacent to the right of way
of Greason Road. This action was docketed to No. 02-4995 Civil Term in the Court of Common
Pleas.
We have been advised that you have prevented the surveyor from entering the property to
survey the placement of the sewer line. When representatives of the Authority recently attempted to
discuss this matter with you at your home you ordered them off your property as well.
The Authority has attempted to work with all residents to resolve any problems with the
project. We have heard nothing from you regarding the specifics of the proposed easement and are
therefore surprised at your obstructive actions. We are therefore directing the surveyors and
contractors to proceed with surveying and construction within the easement acquired under the
condemnation. We will arrange for the Constable or other law enforcement officials to be available
while the work is being done. If you attempt to interfere, we will take appropriate action against
you in the Court of Common Pleas.
We wish that this matter could have been resolved amicably but in light of your
unwillingness to discuss your concerns we have no recourse but to proceed as described above.
Should you change your mind, please contact the Township office and we wi\1 be happy to meet
with you to discuss your concerns.
Very truly yours,
SALZMANN, DePAULIS & FISHMAN, P.C.
~~~
C //
SJF/ksb
cc: West Pennsboro Township Municipal Authority
West Pennsboro Township
CONCENTHKI1NG IN ENVIRONMENTAL, LAND llsE, BI1SINI'~~S,
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JUl 1 4 2003 \l'
CONDEMNA nON BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WESt PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
: IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4995
: EMINENT DOMAIN - IN REM
RULE TO SHOW CAUSE WHY WRIT OF
POSSESSION SHOULD NOT ISSUE
AND NOW, this /:Pt day of 1117 ,2003, on consideration ofthe Petition
o
of West Pennsboro Township, a rule is granted upon Richard and Mary Wilson to show
cause why a Writ of Possession shall not issue conditioned upon payment to the
Prothonotary of $100.00 for the use of Richard and Mary Wilson without any
commissions or fees deductible therefrom, as their interests may appear.
Rule returnable the~day of ~,I ~ ,2003 at -3-:M...~M, Court Room
No, !i-, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
AJ
Judge
~~ fr.. 0_-' 7/1-':'/03
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F:\FILESIDATAFILEIGeneralIDocuments\10759,I-wilhdrawaIPOs
- Created: 02125/98 12:52:59 PM
Revised: 07/15/0301:46:54 PM
CONDEMNA nON BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
PRAECIPE TO WITHDRAW
PRELIMINARY OBJECTIONS
Please withdraw the Preliminary Objections filed by Condemnees Dennis and Sharon Deitch
on November 13, 2002, in the above captioned matter.
MARTSON DEARDORFF WILLIAMS & OTTO
By c~~Q9
PA Attorney I.D. No. 75901
Ten East High Street
Carlisle, PA 1'7013
(717) 243-3341
Attorneys for Condemnees Dennis and Sharon
Deitch
Date: July 15, 2003
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
CERTIFICATE OF SERVICE
I, Carl C. Risch, certifY that a copy of the foregoing was served by First Class Mail as
follows:
Steven 1. Fishman, Esquire
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Date: July IS, 2003
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Created:02l25f98 12:52:59 PM
Revised: 07115103 01:44:27 PM
CONDEMNA nON BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN lHE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNlY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
PRAECIPE TO WITHDRAW
PRELIMINARY OBJECTIONS
Please withdraw the Preliminary Objections filed by Condemnees Herbert W. and Anne M.
Myers on November 6, 2002, in the above captioned matter.
Date: July 15, 2003
By mLlAMS & OTTO
Carl C Risch, Esquire
PA Attorney J.D. No. 75901
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneysfor Condemnees Herbert Wand
Anne M Myers
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
CIVIL ACTION - LAW
EMINENT DOMAIN - IN REM
CERTIFICATE OF SERVICE
I, Carl C. Risch, certifY that a copy of the foregoing was served by First Class Mail as
follows:
Steven 1. Fishman, Esquire
Salzmann, DePaulis & Fishman, P.c.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Date: July 15, 2003
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CONDEMNATION BY WEST PENNSBORO : IN COURT OF COMMON PLEAS OF
TOWNSHIP, OF CERTAIN LANDS IN THE : CUMBERLAND COUNTY, PENNSYLVANIA
TOWNSHIP OF WEST PENNSBORO : NO. 02-4995
CUMBERLAND COUNTY, PENNSYLVANIA: EMINENT DOMAIN - IN REM
ORDER
ANDNOW,this~dayof 1"";
, 2003, on consideration of the petition of
West Pennsboro Township for a rule to show cause why a writ of possession for the interest
condemned by the Declaration of Taking filed to the above (:aptioned number and term should
not issue, it is hereby ordered that the rule is made absolute and a writ of possession shall issue
for the property located at 140 Greason Road, Carlisle, Pennsylvania against Richard and Mary
Wilson, upon payment to the Prothonotary of the sum of $100.00 from West Pennsboro
Township for the use of Richard and Mary Wilson as their interest may appear, without any
commissions or fees deductible therefrom,
By the Court:
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CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYL VANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02-4995
EMINENT DOMAIN-IN REM
CERTIFICATE OF SERVICl~
I hereby certify that a certified copy of the Order of Court granting possession to
Plaintiff dated July 24, 2003 and docketed to the above number and term of Court was
personally hand delivered by me to W1O!!>~rtSctJ on the 25th day of July, 2003, at ~,..
home at 140 Greason Road, Carlisle, P A 17013.
Date: July 25, 2003
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
was served upon
WILSON RICHARD
the
DEFENDANT
, at 1522:00 HOURS, on the 18th day of July
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
by handing to
RICHARD WILSON
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18,00
4,14
.00
10.00
.00
32.14
r~~~
R. Thomas Kline
07/21/2003
SALZMANN DEPAULIS FISHMAN
day of
Sworn and Subscribed to before By:
me this 'iff...
~d--iJt;3 A. D.
Q InLtlL ,
P othonotary ,~
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
KENNETH GaSSERT
, Sheriff or Deputy Sheriff of
Cumberland County"Pennsylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
was served upon
WILSON MARY
the
DEFENDANT
, at 1522:00 HOURS, on the 18th day of July
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
by handing to
RICHARD WILSON, HUSBAND
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R, Thomas Kline
07/21/2003
SALZMANN DEPAULIS FISHMAN
Sworn and Subscribed to before
By:
~~ei
me this 'I ~
day of
~,,2.io\)J A, D.
Q h,,-;I/~, .
othonotary I ~
,
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4995
EMINENT DOMAIN - IN REM
PETITION OF WEST PENNSBORO TOWNSHIP FOR ATTACHMENT AND
ADJUDICATION OF CIVIL CONTEMPT
The Petition of West Pennsboro Township ("Condemnor") pursuant to Pa, R.C.P.
1529(c) Section 407(a) of the Eminent Domain Code, 26 Pa. Stat. Ann. 91-407, represents:
1. A Declaration of Taking was filed on October 15, 2002, at the above-
named court term and number in the Court of Common Pleas of Cumberland County, A copy
of said Declaration of Taking is attached hereto as Exhibit "A".
2. Included in the said Declaration of Taking was property owned by Richard
and Mary Wilson ("Condemnee") located at 140 Greason Road, Carlisle, Cumberland County,
Pennsylvania,
3. On June 10, 2003, Condemnor made Condemnee a written offer to pay
Condemnor's estimate of just compensation for Condemnee's real estate in the amount of
$100.00. A copy of written offer is attached as Exhibit "B".
4. On May 22, 2003, Condemnor notified Condemnees in writing that they
must provide access to the Condemnor for surveying and sewer line installation within the
easement. A copy of the notice is attached as Exhibit "C".
5. On numerous occasions since May 22, 2003 the Township and its agents
and/or employees have communicated the Township's desire to exercise its right to possession
of the subject easement.
.
6, On June 25, 2003 the Township filed with the Prothonotary and served
upon Condemnee a Praecipe for Rule to Show Cause why a Writ of Possession should not
Issue. A copy of said Praecipe is attached hereto as Exhibit "D".
7, On June 25, 2003 the Prothonotary issued a Rule to Show Cause why a
Writ of Possession should not Issue. A copy of said Rule is attached hereto as Exhibit "E".
8. On July 14, 2003 the Township filed and served a Petition for Writ of
Possession against Condemnee. A copy of said Petition is attached hereto as Exhibit "F".
9. After hearing held July 22,2003 the Honorable Judge Kevin A. Hess, by
Order dated July 24, 2003, ordered the Rule absolute and a Writ of Possession to be issued for
the condemned interest at 140 Greason Road, Carlisle, Pennsylvania., owned by Condemnee.
A copy of said Order is attached hereto as Exhibit "G".
1 o. On July 25, 2003 Condemnor by its agent, Alan Hostetter, served
Condemnee personally with a certified copy of the Order and a check in the amount of$100.00
made payable to the Condemnee as directed by the Prothonotary. A copy of the Certificate of
Service is attached hereto as Exhibit "H".
II, The Condemnee has been and continues to be in willful and direct
violation and contempt of the decree of this Court in that, with full knowledge of the decree,
and subsequent to the entry thereof by this Court, Condemnee has failed to permit Condemnor
or its agents and employees from exercising their rights pursuant to said Order.
12, Condemnor has suffered great and irreparable harm as the result of
Condemnee's violation of the Order of July 24,2003.
,
13. Condemnor believes that Condemnee will continue to violate the Order of
July 24, 2003 unless sanctions are imposed.
WHEREFORE, Condemnor, West Pennsboro Township, petitions this Court for
the immediate issuance of a writ of attachment and contempt citation against Condemnee,
Richard and Mary Wilson, and, upon subsequent hearing, an adjudication that the
Condemnee's are in civil contempt of the Order, and that the following sanctions be imposed
upon the defendants:
(a) An unconditional fine in the amount of Five Hundred and 00/100
($500.00) Dollars be imposed upon Condemnees, jointly and severally, payable to Condemnor
as reimbursement for attorneys' fees and other costs incurred by the Condemnor in enforcing
the Order for Writ of Possession and otherwise enforcing and protecting the rights of
Condemnor against Condemnee; and
(b) Judgment be entered in favor of Condemnor and against Condemnees,
jointly and severally, for the amount of the foregoing fine, if Condemnee should fail to pay.
(c) A further conditional fine be imposed upon the Condemnees, jointly and
severally, in the amount of $10,000,00, which may be remitted to the Condemnees, upon
Condemnees' satisfYing the Court that they have fully purged themselves of their contempts of
o ~ cle,.-
the lilt ~: :11 c.
(d) Judgment further be entered in favor of Condemnor and against
Condemnee, jointly and severally, for the amount of the foregoing fine, if Condemnee should
fail to pay.
IN THE Ull.iRT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO.
CUMBERL'l.ND COUNTY. PENNSYLVANIA
NO. CJ-Lf.!i'l)
EMINENT DOMAIN - IN REM
DECLARATION OF TAKING
The Township of West Pennsboro. Cumberland County. Pennsylvania. does hereby
respectfully declare that:
I. The Condemnor is the Township of West Pennsboro. with offices located at 2150
Newville Road. Carlisle. Cumberland County, Pennsylvania.
~
The properties described in Exhibit .'A" attached hereto and made a part hereof.
are hereby condemned for temporary and permanent easements for the construction and
maintenance of a public sewer collection system. pursuant to 53 P.S. Sections 1081. 67501 and
67505. as amended and as authorized by a resolution adopted October 16. 2002. by said
Condemnor. A copy of said resolution is attached hereto and made a part hereof as Exhibit "8:'
The original thereof may be examined at the office of the Township. 2150 Newville Road.
Carlisle. Cumberland County. Pennsylvania.
3. The purpose of the condemnation is to own. construct and maintain a public sewer
system for use by the residents of the Township of West Pennsboro. Cumberland County.
Pennsyhania.
j A description of the properties condemned sufficient for their identification is set
forth in Exhibit .'A.. attached hereto and made a part hereof.
en~ 69(} fur 1 (J.-"-'
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5. The nature of the interests in and to said properties listed in Exhibit '"A" is for
temporary or permanent easements as shown on the plans/drawings/maps attached hereto in
Exhibit "C."
6. A plan showing the condemned property may be inspected at the West Pennsboro
Township office. 2150 Newville Road, Carlisle, Cumberland County, Pennsylvania.
7. The just compensation for the taking, when determined, shall be paid out of the
general funds of the Township of West Pennsboro and secured by its statutory power of taxation
and no other security is required in accordance with Section 403(b) of the Eminent Domain
Code. 53 P,S. 1-403(b).
Dated:
10/1:)1 () 2..
C" ...c~~~:.:.:.=::_. J ~
Steven J. Fishman, Esquire
Attorney ID No. 16269
Salzmann, DePaulis & Fishman. P.C.
95 Alexander Spring Road. Suite 3
Carlisle, P A 17013
(717) 249-6333
Attorney for West Pennsboro
Township, Condemnor
B'J~~ 690 fAGE1878
COMMON\VEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Gerald Barrick. being duly sworn according to the law, deposes and says that he is
Chairman of the Board of Supervisors of West PeIll1sboro Township, Cumberland County,
PeIll1sylvania and makes this Affidavit in its behalf. being familiar with the facts and having
authority so to do; and that all of the statements in the foregoing Declaration of Taking are true
and correct to the best information, knowledge and belief.
NOTARIAL SEAL .
EVELYN M. SWARTZ, Notary Public
West Pennsboro Twp., Cumberland Co., PA
My commISsion E,pn" Oct. 13, 2003
, t4L/~/,'/U~D
Gerald B~-,""'Chairman
West PeIll1sboro Township Board
Of Supervisors
~
Sworn to and subscribed
before me. this j 5 f"day
of rCh'f !x '., 2002.
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My Commission Expires: /tj; 3f' 3.
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Length
of
Name PropertY Parcel Numher Residence Easement
Bums. Thelma 64 W. Main Street 46-18-1394-093 P. o. Box 90. Plainfield. PA 17081 140.00 ree
Deitch. Dennis & Sharon 136 Greason Road 46-07.0475-G28A 136 Greason Road. Carlisle. P A 17013 325.00 ree
Hampton. Robert & Marie 8 Pine Lane 46-18-1394-076A 8 Pine Lane 225.00 ree
Miller. Harold & Bertha 130 Greason Road 46-07-0475.028B 132 Greason Road. Carlisle. P A 17013 96.00 ree
Myers. Merle & Marlene 70 E. Main Street 46-18-1392-009 718 Gobin Drive, Carlisle, PA 17013 40.00 ree
Porter. Dennis 27 Back Street 46.18-1394-077 P. O. Box 207. Plainfield. PA 17081 195.00 ree
Wilson. Richard & Mary 140 Greason Road 46.07-0475-028 140 Greason Road. Carlisle. PA 17013 190.00 ree
Myers. Herbert W. & Anne M. 1020 Creek Road 46.07-0475-012 1545 McCoy Road, Huntington, WV 25701 590.00 reet
EXHIBIT "A"
3JJ~S9() P^CE IH80
RESOLUTION 2002-06
A RESOLUTION by the Board of Supervisors of West Pennsboro Township,
Cumberland County, Pennsylvania authorizing the taking by condemnation for temporary and
permanent easements for the installation of a public sewer system, in West Pennsboro Township,
Cumberland County, Pennsylvania.
WHEREAS West Pennsboro Township desires to acquire temporary and permanent easements
on certain tracts ofland situated in West Pennsboro Township for said purpose, which properties are
identified as follows: and
WHEREAS the Township has been unable to reach agreement with the owner of the subject tract
to acquire the necessary easements by amicable means: and
WHEREAS Sections 2501 and 2505 of the Second Class Township Code (53 P.S, Sections
67501 and 67505) authorize Townships of the Second Class to acquire land for pubic sewer system
purposes in accordance with the provisions of the Eminent Domain Code of Pennsylvania (26 P.S. 1-101
et. seq.; and
NOW THEREFORE, it is hereby resolved by the Board of Supervisors of West Pennsboro
Township, Cumberland County, Pennsylvania. that the Township select and acquire by the right of
eminent domain those temporary easements more fully described in the plans attached hereto as Exhibit
..A."'
FURTHER, the Chairman of the Board of Supervisors is hereby authorized to file with the Court
of Common Pleas of Cumberland County a Declaration of Taking of the above-mentioned temporary
and permanent easements. and to take any further action that may be necessary or desirable to carry out
the intent and purposes of this Resolution.
AND FURTHER. the amount of damages. when determined. shall be paid out of the general
funds of West Pennsboro Township.
RESOL VED this 16th day of October. 2002 by the Board of Supervisors of West
Pennsboro Township.
A~~) . /
Pl:.c...(-i--I ':.-' ,'-
Secretary / _/
Y.
SUR LV
Board of Supervisors of West Pennsboro Township
d:0t&' &~/!/ (1J
/ Chairman I
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-s:;re~isor
EXHIBIT "B"
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PERMANENT SANITARY EASEMENT BOUNDS AlL LANDS WITHIN 1S' OF
CENTER OF AS-BUILT SANITARY SEWER UNE5. UNLESS OlHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT BOUNDS AN ADDITIONAL S' Of LAND
BEYOND lHE PERMANENT SANITARY EASEMENT OR PUBLlC RIGHT-Of-WAY,
UNLESS OTHERWISE NOTED.
PERMANENT SANITARY EAS04ENT DISTANCE BEYOND DEAD-END LINES IS
EQUAL TO 15' BEYOND THE AS-BUILT MANHOLE. UNLESS OTHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END LINES IS
AN ADDITIONAL 20' BEYOND THE PERMANENT SANITARY EASEL4ENT, UNLESS
OlHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
COfNEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. .PLAINFIELD AREA - KEY PLAN" DATED 2002.
DISCLAIMER:
NCCIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PL.^N WAS TAKEN DIRECTLY FROM CUMBERLAND CDUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
'NEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: ,. = SO'
APRIL 2, 2D02 DWG. No. Q-11-17
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RESOLUTION 2002-06
A RESOLUTION by the Board of Supervisors of West Pennsboro Township,
Cumberland County, Pennsylvania authorizing the taking by condemnation for temporary and
permanent easements for the installation of a public sewer system, in West Pennsboro Township,
Cumberland County, Pennsylvania.
WHEREAS West Pennsboro Township desires to acquire temporary and pennanent easements
on certain tracts of land situated in West Pennsboro Township for said purpose, which properties are
identified as follows: and
WHEREAS the Township has been unable to reach agreement with the owner of the subject tract
to acquire the necessary easements by amicable means; and
WHEREAS Sections 2501 and 2505 of the Second Class Township Code (53 P.S, Sections
67501 and 67505) authorize Townships of the Second Class to acquire land for pubic sewer system
purposes in accordance with the provisions of the Eminent Domain Code of Pennsylvania (26 P.S. 1-101
et. seq.; and
NOW THEREFORE, it is hereby resolved by the Board of Supervisors of West Pennsboro
Township, Cumberland County, Pennsylvania. that the Township select and acquire by the right of
eminent domain those temporary easements more fully described in the plans attached hereto as Exhibit
"'A:~
FURTHER, the Chainnan of the Board of Supervisors is hereby authorized to file with the Court
of Common Pleas of Cumberland County a Declaration of Taking ofthe above-mentioned temporary
and pennanent easements, and to take any further action that may be necessary or desirable to carry out
the intent and purposes of this Resolution.
AND FURTHER. the amount of damages. when detennined. shall be paid out of the general
funds of West Pennsboro Township.
RESOL VED this 16th day of October. 2002 by the Board of Supervisors of West
Pennsboro Township.
Attest:
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""Secretary / .-'
JUIl i:t;
Board of Supervisors of West Pennsboro Township
~/,~;ft' p./1/!~ t1J
/ Chainnan .
.;;;2+~ c:? p;;~
-~;rervisor
EXHIBIT "B"
~;J~ syr I f^CE 181:H
CERTIFICA nON
I hereby certify that the foregoing is a true and correct copy of the Resolution adopted by West
Pennsboro Township at a meeting held on October 16, 2002.
WEST PENNSBORO TOWNSHIP
By:~~d~~ );, St?znu~
Evelyn S~:etary tI
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CENlER OF AS-BUILT SANrro\RY SDe UNE5. UNlESS OlHERWISE NOTED.
1DAPORARY CONSlRUCTIC>><! EASEMENT BOUNDS AN ADDtnONAl S' Of lAND
BEYOND lHE PERMANENT SANlTARV EASEMENT OR PUBLIC RIGHT-Of'-WAY,
UNLESS OlHERWISE NOTED,
PERMANENT SANITARY ~SDlENT DISTANCE BEYCND DEAD-END LINES IS
EQUAL TO 15' BEYOND THE AS-BUILT MANHOLE. UNlESS OTtiERWISE: NOTED.
TEMPORARY CONS~UCnON EASEMENT DISTANCE BEYONJ DEAD-END UNES IS
AN AODlttCIIIAL 20' BEYOND 'THE PERMANENT SANITARY EASEMENT. UNLESS
01HERWISE HOlED.
PHYSICAL FEA lURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABUSHED
BY FISHER MOWERY ROSENOALE AND ASSOCIATES OF CARUSLE, PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING "THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
8Y CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN" DATED 2002.
DISCLAIMER:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY "THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0'
50'
100'
,
150'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOYttlSHIP
MUNICIPAL AUTHORITY
~ST PENNSBORQ TOWNSHIP
CUMBERLAND COUNlY, PENNS"l'LVANIA
SCAI.E: 1. a 50'
APRIL 2. 2002 DWG. No. Q-12-2
Dermis and Sh~n Deitch
Parcel *46-07-0475-028A
F'XHIBIT "e"
~--
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PERMANENT SANITARY EAstMENT BOUNDS ALL lANDS WITHIN 15' OF'
CENtER OF AS-BUILT SANITARY SEYER lINES. UNLESS OTHERWISE NOTED.
TEMPORARY CONSTRUCTION EASEJdENT BOUNDS AN ADDInONAl 5' Of LAND
BEYOND lHE PERMANENT SANITARY EASEMENT OR PUBLIC RIGHT-of-WAY,
UNLESS oiHERWISE NOlED.
PERMANENT SANITARY EASfJ,lENT DISTANCE BEYOND DEAD-END LlNES IS
ECUAl TO 15' BEYOND lHE AS-BUILT MAHHOLE. UNlESS OlHERwtSE NOTED.
lEJdPORARY CONSTRUCTION EASEMENT DISTANCE SEYOND DEAD-END LINES IS
AN ADDITIONAL 20' BEYONQ THE PERMANENT SANITARY EASEMENT, UNLESS
an-tERWISE NOTED,
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC.. ROCHESTER, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE. PA. 1995.
ANY SURVeYING PERFORMED WAS FOR THE PURPOSE OF DeSIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. "PLAINFIELD AREA - KEY PLAN. DATED 2002.
DISCLAIMER:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DlRECTL Y FROM CUMBeRLAND COUNTY
TAX ASSESSMENT MAPS AND ReCORDS WITHOUT VERIFICATION.
C' 50'
1~..l""1
100'
I
150'
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
WEST PENNSBORO TOWNSHIP
CUMBERlAND COUNTY, PENNSYLVANIA
SCALE: 1- "" so'
SEPTEMBER 3, 2002 DWG. No. R-12-12
'\ WJ fm188,'j
Rnhprt and Marie Hampton
Parcel ~46-l8-l394-076A
'='':-':::JT5IT TIC"
7172431592
10.13
Oct 11 02 02:0410
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SEE
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PERMANENT SANITARY EASEMENT BOUNDS AU. LANDS WITHIN t5' OF
CDlTER Of As-BUIL T SANITARY SEWER LINES. UNLESS OtHERWISE NOTED.
lEWPORARY CONSTRlJCTtON EASEWENT BOUNDS AN ADDll10NAL S' OF LAND
BEYOND 'THE PERMANENT SANITARY EASEMENT OR PUBLIC RlGHT-CF-WAY,
UNLESS OTHERWISE NO'1tD.
PERMANENT SANITARY EASEMENT DISTANCE BEYClHO DEAD-END L1NES IS
EQUAL TO 15' BEYOND 1liE AS-BUllT MAHHCl.E. UNlESS OlHERWISE N01ED.
'lEWPORARY CONSTRUCTlC>>l EASBlENT DISTANCE BEYOND DEAD-END l.INt$ IS
AN ADDlllONAl. 20' BEYCIolD 1HE PER\&ANENT SANITARY EASEMENT, UNLESS
OTHERWISE NOTED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED 6Y
LOCKWOOO MAPPING, INC., ROCHESTER. NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
6Y FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE. PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLlECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF lHE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRIS6URG, PA. "PLAINFIELD AREA - KEY PLAN" DATED 2002.
DISCLAIMER:
NO FIELD SURVEYS OF ANY KIND WERE PERFORMED
TO OETERMINE OR VERIFY THE PROPERTY INFORM A TION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
~-......
100'
I
pO". c:ql) f'e 1Ij~(j
L..JJ:-\ _..... "Jt. \ u
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
"'UNICIPAL AUlHORITY
WEST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY, PENNSYlVANIA
SCALE: 1.... SO'
APRIL 2, 2002 DWG. No. Q-12-1
Harold and Bertha Miller
Parcel #46-07-Qffi-028B-
EXHIBIT "e"
150'
I
I j i
I J 0
I I
- I I 0
&IT --f-/ I. r rir~ARY'
~: i~l j' ";; "
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alL 91 PC. 551
PAne. ,,"-Itl-TJ92--00g
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PERMANENT SANITARY EASEMENT BOUNDS AU. LANDS WItHIN 1~' OF
CENTER OF' AS-BUILT SANITARY SEWER UNES. UNLESS Q1HERWlSE NOlED.
TEUPORARY CONSTRUCTION EASEMENT BOUNDS AN ADDIttONAl 5' OF' LAND
BEYOND 'THE PERMANENT SANITARY EASEMENT ~ PUBLIC RIGHT-Of-WAY,
UNLESS 01HERWlSE NOTED.
PERMANENT SANITARY EASEMENT OISTANCE: BEYOND DEAD-END UNES IS
EQUAL TO 15' BEYOND niE AS-BUILT MANHcu, UN.ESS 011iERWlSE NOttD.
TEMPORARY CONSTRUCTION EASEMENT DISTANCE BEYOND DEAD-END UNES IS
AN M)DInONAL 20' BEYOND THE PERlMNEHT SANITARY EASEMENT. UNLESS
011-lERWISE HOlED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVlOEO BY
LOCKWOOO MAPPING, INC., ROCHESrrR, NY, WITH PHOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWATER COLLECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASrrR PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. .PLAINFIELO AREA - KEY PLAN" DATED 2002.
DISCLAIMER:
NO FIELD SLRVEYS OF ANY KIND WERE PERFORMEO
TO OETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOWN ON THIS
PLAN WAS TAKEN OIRECTL Y FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
- --
: - '
100'
J
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Yot:ST PENNSBORO TO",,",SHIP
CUMBERLAND COUNTY. PENNSYLVANIA
SCALE: 1" - 50'
AUGUST B, 2002 DWG. No. S-12-13
Merle and Ma,I.::Lene Myers
Parcel #46-18-1392-009
EXHIBIT "e"
150'
- ,0, 6~J(l f.!GE W8'7
.-;
~
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~ rAN/(r) ., '-__
/ l
-I:/iNF_ -----., \1 NEW
- " \~=ARY >If
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7172431592
p.17
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PERMANENT SANITARY EASEMENT BOUNDS AU lMfDS WIlHIN ,~. tF
canER OF AS-81JD.T SANITARY SEWER UNES. UN..ESS OntERWISE HOlED.
TEMPORARY CONSTRUCnON EASEMENT 9OUNOS AN ADDmONAL S' Of" LAND
BEYOND 'THE ~ERMANENT SANITARY EASEMDlT OR PUBUC RIGHT-Of-WAY,
UNLESS otHERWISE HOlED.
PERIiIANEHT SANITARY EASEMENT DISTANCE 9EYONO DEAD-END LINES IS
EQUAL TO 15' BEYONO ntE AS-9ULr WANHQlL UNLESS OlHERWlSE HOlED.
TEMPORARY CONSlRUCTIDN EASEMENT DISTANCE 8EYOHD DUD-END UNES IS
AN ADDITIONAl 20' BEYOND THl: PERMANENT SANITARY EASDlENT, UNLESS
O"n-lERWISE HOlED.
PHYSICAL FEATURES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMElllY PROVIDED BY
LOCKWOOD MAPPING, INC" ROCHESlffi, NY, WITH PHOTOGRAMMElllIC GROUND CONlIlOL ESTABUSHED
BY FISHER MOWERY ROSENDALE AND ASSOCIATES OF CARU5LE. PA. 1995.
I
-+-
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING THE WASTEWAlffi COU.ECTION AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASlffi PLAN PREPARED
BY CET ENGINEERING SERVICES. HARRISBURG, PA. "PLAINFIELD AREA - KEY PlAN. DATED 2002.
DISCLAIMER:
NO FIELD SURVEYS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY THE PROPERTY INFORMATION
SHOWN. PROPERTY INFORMATION SHOW ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLANO COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIF!CATION.
0' 50'
r---...r
100'
I
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOVtt4SHIP
MUNICIPAL AUTHORITY
\lIST PENNSBllRO TllVItlSHIP
CUMBERl.ANIl COUNTY, PENNSYLVANIA
SCALE: 1. - so'
AUGUST 30, 20D2 DWG. No. R-12-4
Dennis Porter
Parcel *46-18-1394-077
150'
C::J~
C:9fl h\GE ,1888
EXHIBIT "e"
Oct 11 Q2 a 1: SSp
I
WESTPENNSBOf.<OTWP
7172431592
p.o
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0 ,.. SHlITARY I"" ~ ~
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PERM.A.NENT SANITARY EASEt.lDlT BOUNDS All. LANDS wmtIN 15' OF
CENTER OF AS-BUILT SANITAAY ~ UNES.. UNLESS OTHERWISE NOTED.
T(t.IPORARY CONSTRUCTION EASEMENT BOUNDS AN ADOITlONM. ~ OF' lAND
BEYOND lHE PERM1\NEMT SANITARY EASEMENT OR PUBUC RIGHT-Of-WAY,
UNLESS oniERWISE NOlED.
PERMANENT S.\NlTARY EASEWENT DISTANCE BEYOND OEAD-END UNES 15
EQUAL TO 15' BEYOND THE AS-BUILT MANHOlL. UNlESS OTHERWISE NOTtO.
lilotPORARY CONSTRUCTION EASDlENT DISTANCE BEYOND DEAD-END UNES IS
AN ADDI710NAL 20' BEYOND mE PER-WANaT SANlTARY EASEMENT, UNlESS
OTHERWISE NOTtO.
PHYSICAL FEA 1URES SHOWN ON THIS PLAN ARE BASED ON AERIAL PHOTOGRAMMETRY PROVIDED BY
LOCKWOOD MAPPING, INC., ROCHESTER, NY, WITH PflOTOGRAMMETRIC GROUND CONTROL ESTABLISHED
BY FISHER \lOWERY ROSENDALE AND ASSOCIATES OF CARLISLE, PA. 1995.
, ::"~r~'
r--- ..,-,".
-
",...."
-..
..--
-,
-
"""....
........,
-
ANY SURVEYING PERFORMED WAS FOR THE PURPOSE OF DESIGNING 1HE WASTEWATER COll.ECnON AND
CONVEYANCE SYSTEM ONLY. THIS PLAN IS A PORTION OF THE SANITARY SEWER MASTER PLAN PREPARED
BY CET ENGINEERING SERVICES, HARRISBURG, PA. .PLAINFIELD AREA - KEY PLAN" DATED 2002.
DISCLAIMER:
NO FlELO SURVEYS OF ANY KINO WERE PERFORMED
TO DETERMINE OR VERIFY 1HE PROPERTY INFORMA nON
SHOWN. PROPERTY INFORMA nON SHOWN ON THIS
PLAN WAS TAKEN DIRECTLY FROM CUMBERLAND COUNTY
TAX ASSESSMENT MAPS AND RECORDS WITHOUT VERIFICATION.
0' 50'
~---
100'
]
150'
]
EXHIBIT A
SANITARY SEWER PLAN
WEST PENNSBORO TOYlNSHIP
MUNICIP AL AUTI-tORIlY
'l€ST PENNSBORO TO'M'{SHIP
CUMBERlAND COUNTY, PDlNSYLVANIA
SCALE: 1... SO'
APRIL 2, 2002
DWG. No. Q-13-1
~J~J~
6U(1
v..
EXHIBIT-"C"
f,\LE.ID89Uchard and Mary wilson
D~~r~l ~dh-n7-n~7~-022
~
~
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~~ ,
~ ,
~,:
::.
CONODOGUINET CREEK
IA 352,0'
c."'Ii'1-1- k' ROAn
~
~ 1-4'l/ I ~?
~
Johnson and Lane
Deed Book (-.J1, Page 654
"'~
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N
30' Wide Permanent
Sanitary Sewer Easement
r/l:--
5' Wide Temporary Construction Easement
N 7P181'5F [
HERBERT W. AND ANNE M. MYERS -L--
Deed Book 174, Page 230
DETAIL OF EASEMENT AREA
300
NOTE: This Plan has been prepared for right-of-way acquisition
only and shall not be constroed as a property line survey.
Property liMS hove been plotted from deed aescriptions and
ref/ect any inaccuracies therein.
The 30 faot wide permanent easement sholl be located 15 foat
on each side of the force main os constrocted.
Area of Permanent Easement = 18.936 Sq. Ft.
o
150
D. L. REIBER ASSOCIATES PLAN OF SANITARY SEWER EASEMENT
PROFl!SSIONAL LAND SURVEYORS OVER LANDS OF
BJJK S90 PAGE .HmO
HERBERT W. MEYERS
ANNE M. MEYERS
TO BE ACQUIRED BY
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORIlY
CUMBERLAND COUNTY
1529E.OtOCOLAnAVlHUE,HERSHEY,PA17Q33 SCAlf' IDRAWNSY: '_BY" DATI.
(7tn53].f077 fAX{717)534-U02' , .
SURVEYING' MAPPING' GPS TECHNOLOGIES 1". 150' J.E.K. D.L.R. 3-26.(J2
41' /u~
SAlZMANN, DEPAULIS &FrSHMAN,P.C.
,
G. BRYA.'l SAlZMANN, E.CjQ.
STl;:VE.,",j. FlsHl"""'"', f.o;Q.
ANN F. DEPAUUS, f.o;Q.
'10RMAJ. BARTKO, f.o;Q.'
WILUAM W. THOMPSON, EsQ.'
MUlSSA K. DIVELY, EsQ.
'.-\lSQ .-\DMrtTtD TO MARyt....N.D MR
PARALEGALS:
PAMElA R. KOHLER
BARBARAj. MOSIOR
LAUlUE]. PORTER
TRlClA L. BAlLEV
REPLY TO:
95 ALE.'<ANIlERSPRI!<G ROAD' SUITE 3 . CARLISLE, PA 17013
1717) 249-6333 FAX (717) 249.7334
455 PHOENLx DRIVE. SUITEA . CHAMBERSBURG, PA 17201
(717) 263-2121 F",'<17171263-0663
105 ;\J'ORTH FROl\'TSTREET . SUITE.J.Ol . HARlUSBURG, PA 17101
(7171232.9420 FAX 17171 232.1970
June 10,2003
Richard and Mary Wilson
140 Greason Rd.
Carlisle, PA 17013
Re: West Pennsboro Township Municipal Authority
Declaration of Taking
No. 02-4995
Dear Mr. and Mrs. Wilson,
In accordance with the procedures of the Pennsylvania Eminent Domain Code you are hereby notified that
the Authority is prepared to pay you the sum of $100 as just compensation for the above related
condemnation. If agreeable to you, please acknowledge below and return a copy of this offer to the
Authority in the enclosed self-addressed stamped envelope.
VefY- truly yours,
.~~-
(. --~
Steven J, Fishman
Solicitor
:-.
And now this day of June the undersigned accept the sum of$100 in full compensation for the
Declaration of Taking as referenced above by the West Pennsboro Township Municipal Authority,
Richard Wilson
Mary Wilson
CONCENTRATING IN ENVIRONMENTA
REAL ESTATE, AND MUNICIPAL LA. W
. ' .
SALZMANN, DEPAULIS & FISHMAN, P.C.
G. BRYAN SAl.i'.MANN. 1o'.."iQ.
5TIo:\1':S,), F!SIIMA~.l'~'iu.
A!\'N F. DEPAl1lJS, F.'Kl.
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l.Al'IUEJ. PORTER
TIUCIA L. BAIl.EY
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9.1 AU:X^Nm:t{Sl'lU~(; HOAD. SlTn:a. C\IU.ISU.:. PA 17013
17(7) U!,,;:I:\)\ FAx (717) 2'1!~7:J:H
.j.[J!) PIlOENIX Dlun:. St"rn:A . CllAMnERSI\[711C;~ Ph l7201
(717) 2fi:'~2121 Ff\.,X(71712(i3.()(i(i:i
105 NORTII }o'lt(lSTSTltEE'T. SI:ITE.I,OI . HARIUSUl'RG. Ph 17101
(717) ~32-9,~20 }:.\X (717) 232-1!J7()
May 22, 2003
Mr. & Mrs. Richard Wilson
140 Greason Road
Carlisle, PA 17013
Dear Mr. & Mrs. Wilson:
As you know the West Pennsboro Township Municipal Authority is proceeding with
construction of the Plainfield Sewer Project. Because you failed to return the proposed easement
agreement the Township condemned an easement across your property adjacent to the right of way
of Greason Road. This action was docketed to No. 02-4995 Civil Term in the Court of Common
Pleas.
We have been advised that you have prevented the surveyor from entering the property to
survey the placement of the sewer line. When representatives of the Authority recently attempted to
discuss this matter with you at your home you ordered them off your property as well.
The Authority has attempted to work with all residents to resolve any problems with the
project. We have heard nothing from you regarding the specifics of the proposed easement and are
therefore surprised at your obstructive actions. Weare therefore directing the surveyors and
contractors to proceed with surveying and construction within the easement acquired under the
condemnation. We will arrange for the Constable or other law enforcement officials to be available
while the work is being done. If you attempt to interfere, we will take appropriate action against
you in the Court of Common Pleas.
We wish that this matter could have been resolved amicably but in light of your
unwillingness to discuss your concerns we have no recourse but to proceed as described above,
Should you change your mind, please contact the Township office and we will be happy to meet
with you to discuss your concerns.
Very truly yours,
SALZMANN, DePAULIS & FISHMAN, P.C,
"C <:----. ~ '
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SJF/ksb
cc: West Pennsboro Township Municipal Authority
West Pennsboro Township
CONCENTIWIlNG IN ENVIRONMENTAL, LAN)) 11sE, HI lSINESS, REAL ESTATE, AN)) MIINICII'AL LAW
SALZMANN, DEPAULIS, & FISHMAN, p.e.
95 ALEXANDER SPRING ROAD, SUITE 3 . CARLISLE, PA 17013
(717) 249.6333 FAX (717) 249-7334
455 PHOENIX DRIVE. SUITE A . CHAMBERSBURG, PA 17201
(717) 263-2121 FAX (717) 263.0663
,-
WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO, 02-4995
PRAECIPE FOR RULE
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EMINENT DOMAIN - IN Ri~
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RICHA~D WILSON and
MARY WILSON, Husband and Wife,
rDefendants
CIVIL ACTION LAW
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In accordance with the provisions of Section 407(a) of the Pennsylvania Eminent
bomain Code (26 P.S, Section 1-407(a) you are hereby requested to issue a rule upon the
above captioned Defendant's, returnable within five (5) days after service upon
Defendant condemnees, why a Writ of Possession should not issue.
Respectfully Submitted,
(., /;;"s-/o3.
c----:::,.. 7 ,
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Steven J. Fishman, cS\iuu"
Attorney ID No. 16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
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95 ALEX.-\:---:nER SrRINC; ROAD, SUITE 3 . CARLISLE, PA 17013
(711) 149.6133 FAX (717) 249-7334
455 PHOE>.:lX DRIVE. SUITE A . CHAMBERSBURG, PA 17201
(717) 263-2111 FAX (717) 263.0663
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4995
v.
RICHARD WILSON and
MARY WILSON, Husband and Wife,
Defendants
CIVIL ACTION LAW
EMINENT DOMAIN - IN REM
RULE TO SHOW CAUSE WHY WRIT OF POSSESSION
SHOULD NOT ISSUE
UPON consideration of the Praecipe filed by Plaintiff:
IT IS ORDERED that the Defendants show cause before this Office within five
(5) days of service hereof why a Writ of Possession should not issue as provided by
Section 407 (a) of the Pennsylvania Eminent Domain Code (P.S. 26 ~I-407(a).
Dated: ;.5fk4!D3
aA
Prothono
.
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP. OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO,
CUMBERLAND COUNTY, PENNSYLVANIA
: IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4995
: EMINENT DOMAIN - IN REM
PETITION OF WEST PENNSBORO TOWNSHIP FOR WRIT OF POSSESSION
The Petition of West Pennsboro Township ("Condemnor") pursuant to ~407(a) of the
Eminent Domain Code. 26 Pa. Stat. Ann. S 1-407, represents:
I. A Declaration of Taking was filed on October 15, 2002, at the above-
named court term and number in the Court of Common Pleas of Cumberland County. A copy
of said Declaration of Taking is attached hereto as Exhibit "A".
2. Included in the said Declaration of Taking was property owned by Richard
and Mary Wilson (""Condemnee") located at 140 Greason Road. Carlisle, Cumberland County.
Pennsylvania.
3. On June 10, 2003, Condemnor made Condemnee a written offer to pay
Condemnor's estimate of just compensation for condemnee's real estate in the amount of
$100.00. A copy of written offer is attached as Exhibit "B".
4. On May 22, 2003, Condemnor notified Condemnees in writing that they
must provide access to the Condemnor for surveying and sewer line installation within the
easement. A copy of the notice is attached as Exhibit "C".
5. On numerous occasions since May 22, 2003 the Township and its agents
and/or employees have communicated the Township's desire to exercise its right to possession
of the subject easement.
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6. Condemnee has withheld and continues to withhold possession of the
property from Condemnor by refusing access to the Township. its agents and employees to
survey the easement and install the sewer line,
7. Condemnor is entitled to possession of the condemned easement.
conditioned upon payment to the Prothonotary of Condemnor's estimate of just compensation
in the amount of $1 00,00 for the use and benefit of Condemnee as their interest may appear,
WHEREFORE, Condemnor, West Pennsboro Township, requests that this Court grant a rule
on Richard and Mary Wilson to show cause why a Writ of Possession conditioned upon
payment of the Prothonotary of$100,00 for the use and benefit of Richard and Mary Wilson as
their interest may appear. shall not issue.
Date: 7 nlo?
~pe~t~~t-;ubmitted.
Steven '"Dishman. g
Attorney 10 No. 16269
Salzmann. DePaulis & Fishman. P.C.
95 Alexander Spring Road. Suite 3
Carlisle. PAl 70 13
(717) 249-6333
L~
Solicitor for Condemnor
SALZMANN, DEPAULtS', & FISHMAN, P.C.
95 ALEXANDER SPRING ROAD, SUITE 3 . CARLISLE, PA 17013
. (717) 249.6333 FAX (7171 149.7334 _
455 PHOENIX DRIVE. SUITEA . CHAMBERSWRG, PA 17201
(7171263.2121 FAX (7171263.0663
CONDEMNA nON BY WEST PENNSBORO : IN COURT OF COMMON PLEAS OF
TOWNSHIP, OF CERTAIN LANDS IN THE : CUMBERLAND COUNTY, PENNSYLVANIA
TOWNSHIP OF WEST PENNSBORO : NO. 02-4995
CUMBERLAND COUNTY, PENNSYLVANIA: EMINENT DOMAIN - IN REM
ORDER
AND NOW, this .;( L/ day of &. ')- ,2003, on consideration of the petition of
West Pennsboro Township for a rule to show cause why a writ of possession for the interest
condemned by the Declaration of Taking filed to the above captioned number and term should
not issue, it is hereby ordered that the rule is made absolute and a writ of possession shall issue
for the property located at 140 Greason Road, Carlisle, Pennsylvania against Richard and Mary
Wilson, upon payment to the Prothonotary of the sum of $100.00 from West Pennsboro
Township for the use of Richard and Mary Wilson as their interest may appear, without any
commissions or fees deductible therefrom.
By the Court:
15/ /(h_
CL.rv~
J.
TRUE COpy FROM F:EGORO
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In TestImony Wi1sreof, ! ..Of;; :ill,,, :'';'' ..1, ,.".
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and tho S&al 01 wid curt ,Il 1,;"" :,.". "
This ,;l S' day u~ ~ J-- . t: -1'
4.1.' -J1~.'" .ff" - . ..~
- (J crrothonomry
COpy
CONDEMNATION BY WEST PENNSBORO
TOWNSHIP, OF CERTAIN LANDS IN THE
TOWNSHIP OF WEST PENNSBORO
CUMBERLAND COUNTY, PENNSYL VANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02-4995
: EMINENT DOMAIN-IN REM
CERTIFICATE OF SERVICE
I hereby certify that a certified copy of the Order of Court granting possession to
Plaintiff dated July 24, 2003 and docketed to the above number and term of Court was
personally hand delivered by me to 1'v1~~rt.SoN on the 25th day of July, 2003, at ~,-
home at 140 Greason Road, Carlisle, P A 17013.
Date: July 25, 2003
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CONDEMNATION BY WEST
PENNSBORO TOWNSHIP, OF
CERTAIN LANDS IN THE
TOWNSHIP OF WEST
PENNSBORO, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4995 CIVIL TERM
EMINENT DOMAIN - IN REM
IN RE:
RULE TO SHOW C1WSE
ORDER OF COURT
AND NOW, this 8th day of August, 2003, this
matter having been called for hearing, on agreement of the
parties, the defendant is enjoined by word or deed from
interfering in any way with any phase of the installation of
the petitioner's sewer line, and upon a violation an
attachment to issue for his arrest and production in court,
and should the Court not be then and there available, to be
committed to the Cumberland County Prison pending further
hearing, with bail in the amount of $50,000.
In the event, however, that there is no such
interference, then the petitioner waives its right to seek
further damages in this matter.
By the Court,
Steven J. Fishman, Esquire
For West Pennsboro Township
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7A.
Ad.
Hess, J.
Richard and Mary Wilson
140 Greason Road
Carlisle, PA 17013
.~ /'hA~
'i.//.03
sheriff
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CASE NO: 2002-04995 P
SHERIFF'S RETURN - REGULAR
f,--____.,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
BRIAN BARRICK
Cumberland County,Pennsylvania, who being duly sworn according to law,
Sheriff or Deputy Sheriff of
says, the within ORDER AND PETITION
WILSON RICHARD
was served upon
the
DEFENDANT
, at 0929:00 HOURS, on the 8th day of August
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
RICHARD WILSON
by handing to
a true and attested copy of ORDER AND PETITION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.14
.00
10.00
.00
32.14
Sworn and Subscribed to before
me this
.}/A-f- day of
O~.;200-..3 A. D.
Q~ ~
othon~tary ,~
So Answers:
,r~<~
R. Thomas Kline
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04995 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP CONDEM
VS
MILLER HAROLD ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
was served upon
says, the within RULE TO SHOW CAUSE
WILSON MARY
the
DEFENDANT
, at 0929:00 HOURS, on the 8th day of August
, 2003
at 140 GREASON ROAD
CARLISLE, PA 17013
RICHARD WILSON, HUSBAND
by handing to
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
,00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this ~/~ day of
~ :LocJ A.D.
0"1' () ~,~
pr';thonotary
So Answers:
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R. Thomas Kline 7
08/08/2003~
SALZMANN DAPA~r\SHMAN
By: ~ ~
Deputy {~~"riff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
BATKA
Vs.
NO. 20064995
HOLY SPIRIT HOSP SYSTEM
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 THOMAS M CHAIRS, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s) .
Date: 03/12/07
c:. .._..'~\..~>'
~~
THOMAS M CHAIRS, ESQUIRE
1200 CAMP HILL BYPASS
SUITE 205
CAMP HILL, PA 17011
717-731-4800
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3581
File #: M338894
By: Jennifer Shprintz
IN THE CO_URT OF COMMON PLEAS OF CUMBERLAND COUNTY
BATKA
Vs.
HOLY SPIRIT HOSP SYSTEM
TO: NEIL ROVNER, ESQ (PLAINTIFF)
No. 20064995
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 02/19/07
Enc(s): Copy of subpoena(s)
Counsel return card
File #: K338894
THOMAS M CHAIRS, ESQUIRE
1200 CAMP HILL BYPASS
SUITE 205
CAMP HILL, PA 17011
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3581
By: Jennifer Shprintz
cc::MDNWmLTH OF PmNSYLVANIA
roJNI'Y OF aJMBEmAND
BATKA
VS.
Fi le No.
20064995
HOLY SPIRIT HOSP SYSTEM
SUBPOENA TO P~ OOCU1ENTS ~TMs BILLING RBQUBSTED
FOR DISCOVERY PURSUANT TO RUlE 4009.22
TO:
MID PENN UROLOGY INC, 423 N 21ST ST STE 300, CAMP HILL PA 17011
(Ncrne of Person or Ent ; ty)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following document~ or things:
SEE ATTACHED ADDENDUM
at
MEDICAL LBGAL RBPRODUCTIONS(A~s1940 DISSTOH ST., PBlLA., PA
You may del iver or mai 1 legible copies of the docunents or produce things requested b]
th is subpoena, together wi th the cert i f i cate of carp 11 ance, to the party mak; n9 th i ~
request at the address listed above. You have the right to seek in advance the reasonabl~
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within tl,o!enty
(20) days after its serv~ce, the party serving thi!) ~>ubpoena may seek a court orde;.
CCfll)el1ing you to carply with it.
1H I S SUBPOENA WAS I SSUEO AT THE REQJEST OF THE FOLLON I NG PERSON:
ADDRESS:
THOMAS M CHAIRS,.ESQ
1200 CAMP IIIL:L BYPASS
CAMP HILL, PA 17011
215-335-3212
NAI"E :
TELF:PH:lNE:
SUPRet:: ~T 10#
ATTORNEY FOR:
---'--
DEFENDANT
BY ll-E
M338894-01
DATE: &--"'h. . ;l 7. ;;LOO"
Sea 1 of the Court
, Civil Oivision
DepUty
(Eff. 1/97)
"ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: MID PENN UROLOGY INC
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS,
MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX8203
MEDICAL BILLING REQUESTED
CERTU1ED PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
] RECORDS ARE ATl'ACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
(
(
RECORDS
PATIENT BILLING
X-RAYS
RECORDS / XRAYS have been destroyed
Authorized signature for
MID PENN UROLOGY INC
Date
CUMBERLAND
M338894-01
*** SIGN AND RETURN THIS PAGE ***
cc::MDNWmLTH OF pmNSYLVANIA
<xxJNl'Y OF CUMBElUAND
BATKA
Vs.
Fi le No.
20064995
HOLY SPIRIT HOSP SYSTEM
SUBPOENA TO P~ OOCU1ENTS 8f%9~ BILLING RBQUBSTED
FOR D I SCX>VERY PURSUANT TO RUlE 4009.22
CUMBERLAND ORTHOPEDICS, 6375 MERCURY DR STE 100, MECHANICSBURG PA 17050
TO:
(Ncrne of Person or Entity)
Within twenty (20) days after .service of this subpoena, you are ordered by the court to
produce the following document~ or things:
SEE ATTAl:HED AJJD~NDUM
at
MBDICAL LEGAL RBPRODUCTIONS(A~ss1940 DISSTON ST., PBlLA., PA
You may del iver or mai 1 legible copies of the c:Iocunents or produce things requested b]
this subpoena, together with the certificate of carpliance, to the party making thi~
request at the address 1 isted above. You have the right to seek in advance the reasonab l~
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within tl,o!enty
(20) days after its serv~ce, the party serving thi!'; ~)ubpoena may seek a court orde;'
CCfll)elling you to carply with it.
1H I S SUBPOENA WAS I SSUEO AT 1liE REQJEST OF THE FOLLON I NG PERSON:
NN'E: THOMASM CHAIRS,.ESQ
ADDRESS:
1200 CAMr HILL BYPASS
CAMP HILL, PA 17011
TELF:PH:lNE:
SlPRet:: ~T I D .#
ATTORNEY FOR:
215-335-3212
DEFENDANT
M338894-02
DATE: ~ _ ;17. ~Cf) ')
Sea 1 of the Court
Oivision
0;
Deputy
(Eff. 1/97)
~TH OF PENNSYLVANIA
<XXlNI'Y OF CUMBEmAND
BATKA
Vs.
Fi le No.
20064995
HOLY SPIRIT HOSP SYSTEM
MEDICAL BILLING RBQUBSTED
SUBPOENA TO PROOUCE DOO..H:NTS M TH I NGS
FOR D I SOOVERY PURSUANT TO RUlE 4009.22
TO:
DR EDWARD AQUINO, 845 SIR THOMAS CT STE 10, HARRISBURG PA 17109
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fo 1 lowing docunent~ os~inA~ ACHED ADDENDUM
at
MEDICAL LEGAL RBPRODUCTIONS,(;J}i~ss~940 DISSTON ST., PBlLA., PA
You may del ;ver or mai 1 legible copies of the docunents or produce things requested b)
this subpoena, together with the certificate of carpliance, to the party making thi~
request at the address 1 ;sted above. You have the right to seek in advance the reasonab IE
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by thb subpoena within tl,o!enty
(20) days after its serv~ce, the party serving thi!'; ~.ubpoena may seek a court orde.'
c.x:rrpe 11 ; ng you to CQT1) 1 y with it.
THIS SUBPOENA WAS ISSUED AT ll:tE REQJEST.OF TIE FOLLON1NG PERSON:
NN'E: THOMAS. M CHAIRS ,ESQ
ADORESS:
1200 ~~MP HILL BYPASS
TELEPI-K)NE:
SlJ'REt-E cnJRT 10#
ATTORNEY FOR:
CAMP HILL, FA 17011
215-335-3212
DEFENDANT
BY nE
, Civil Division
M338894-03
DATE: ~. ~ '7. .;;LOOt
Sea 1 of the Court
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: DR EDWARD AQUINO
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS,
MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX8203
MEDICAL BILLING REQUESTED
CERTU'lliD PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
RECORDS ARE AITACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
X-RAYS
) PATIENT BILLING
) RECORDS / XRAYS have been destroyed
Date
Authorized signature for
DR EDWARD AQUINO
CUMBERLAND
M338894-03
*** SIGN AND RETURN THIS PAGE ***
CCIH)NWEALTH OF PENNSYLVANIA
COONI'Y OF aJMBEmAND
BATKA
Vs.
File No.
20064995
HOLY SPIRIT HOSP SYSTEM
MEDICAL BILLING REQUBSTED
SUBPOENA TO PROCX.a: DOO.I'ENTS OR 1H I NGS
FOR 0 I SOOVERY PURSUANT TO RULE 4009.22
DR THOMAS YOUNG, C/O SUSQUEHANNA INT MED ASSOC, 890 POPLAR CHURCH RD #5
TO: CAMP HILL PA 17011
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunent~ ~ERi"1~TACHED ADDENDUM
at
MEDICAL LEGAL REPRODUCTIONS'(1~'s!T40 DISSTON ST., PBlLA., ~----
You may del iver or mai 1 legible copies of the docunents or produce things requested b]
this subpoena, together with the certificate of ca1l)Hance, to the party making thi~
request at the address listed above. You have the right to seek in advance the reasonab l~
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within tw.enty
(20) days after its service, the party serving thi!'; subpoena may seek a court orde;-
ccnpe 11 ; ng you to CCI1l' 1 y wi th it.
lli I S SUBPOENA WAS I SSlED AT THE REQJEST. OF THE FOLLON' NG PERSON:
tw'E: THOMABM CHAIRS,.~SQ
ADDRESS:
J?-nn ~~MP HILL BYPASS
TELEPHJNE:
SlPR8'E ~T lOt
ATTORNEY FOR:
CAMP HILB, PA 17011
215-335-3212
DEFENDANT
BY 'THE
M338894-04
DATE: ~ - d 7. .;l.ao)
Sea 1 of the COUrt
Division
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: DR THOMAS YOUNG
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS,
MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX82 03
MEDICAL BILLING REQUESTED
CERTIFIED PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
PATIENT BILLING
X-RAYS
RECORDS / XRAYS have been destroyed
Date
Authorized signature for
DR THOMAS YOUNG
CUMBERLAND
M338894-04
*** SIGN AND RETURN THIS PAGE ***
~TH OF pmNSYLVANIA
CXXJNI.'Y OF ~
BATKA
Vs.
Fi le No.
20064995
HOLY SPIRIT HOSP SYSTEM
MEDICAL BILLING REQUESTED
SUBPOENA TO PR<n.lCE DOO.JwENTS OR TH I NGS
FM 0 I SCOVERY PURSUANT TO RULE 4009.22
CUMBERLAND CO OFC AGING, 16 W HIGH ST, CARLISLE PA 17013
TO: ATTN: CUSTODIAN OF RECORDS
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fo 1 lowing docunent~ os~n]\tT ACHED ADDENDUM
at
MEDICAL LEGAL REPRODUCTIONS~A~4ss~940 DISSTON ST., PBlLA., PA
You may deliver or mail legible copies of the docunents or produce things requested h]
this subpoena, together with the certificate of carpliance, to the party making thi~
request at the address 1 isted above. You have the right to seek in advance the reasonab le
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within tlrlenty
(20) days after its service, the party serving thi!) !".ubpoena may seek a court orde.'
c:arpel Hng you to carply with it.
TH IS SlSPOENA WAS I SSUED AT 1lE RE~ST OF 1tE FOLLON I NG PERSON:
NAtE: THOMAS M CHAIRS ,ESQ
AOORESS :
1200 rnMP HTT,T, BYPASS
CAMP MILL, PA 17011
215-335-3212
TELE?tfJNE:
SlPRet:: ~T lOft
ATTORNEY FOR:
DEFENDANT
DATE:
r;t4 - dJ 7. d:l.CO)
Sea 1 of the Court
k, Civil Division
M338894-05
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: CUMBERLAND CO OFC AGING
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, APPLICATIONS, MEDICAL CONSULTATIONS, MEDICAL
RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING & RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX8203
MEDICAL BILLING REQUESTED
CERTIFIED PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
RECORDS ARE ATl'ACHED HE1.lETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
PATIENT BILLING
X-RAYS
RECORDS / XRAYS have been destroyed
Date
Authorized signature for
CUMBERLAND CO OFC AGING
CUMBERLAND
M338894-05
*** SIGN AND RETURN THIS PAGE ***
CCHOME2\LTH OF PmNSYLVANIA
a:xJNrY OF aJMBEmAND
BATKA
VS.
Fi 1e No.
20064995
HOLY SPIRIT HOSP SYSTEM
SUBPOENA TO PRall.X:E DOCl.I'ENTS 9D~BILLING REQUESTED
FOR D I SOOVERY PURSUANT TO RUlE 4009.22
DR RICHARD BOAL, C/O ORTHOPEDIC SURGEONS, 875 POPLAR CHURCH RD
TO: CAMP HILL PA 17011
(Ncrne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunent~ os~n:i\tTACIIED ADDENDUM
at
-
MEDICAL LEGAL REPRODUCTIONS~A~~ss~940 DISSTON ST., PBlLA., PA
You may del iver or mai 1 legible copies of the docunents or produce things requested b]
this subpoena, together with the certificate of CCJll)Hance, to the party mak ing th i~
request at the address 1 i sted above. You have the right to seek in advance the rea sonab 1 E
cost of preparing the copies or producing t.'1e things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within t\-!enty
(20) days after its serv~ce, the party serving thi!) subpoena may seek a court ordeo-
carpe 1 h ng you to CXJT1) 1 y wi th it.
TH IS SLePOENA WAS I SSUED AT 1lE REOJEST ~ TIE FOLLON I NG PERSON:
NN'E: THoMAS M CHAIRS ,-ESQ
ADDRESS:
1200 (,AMP l-ITT.T. BYPASS
TELEPHONE:
SlFREl'E ~T 10#
ATTORNEY FOR:
CAMP HILL, PA 17011
215-335-3212
DEFENDANT
BY ll-E
k, Civil Division
M338894-06
DATE: 0hJ ..;;17. ;;ltXJ 7
Sea 1 of the Cotrt
Deputy
(Eff. 1/97)
ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: DR RICHARD BOAL
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS,
MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX8203
MEDICAL BILLING REQUESTED
CERTIFIED PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
RECORDS ARE ATl'ACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
PATIENT BILLING
RECORDS / XRAYS have been destroyed
X-RAYS
Date
Authorized signature for
DR RICHARD BOAL
CUMBERLAND
M338894-06
*** SIGN AND RETURN THIS PAGE ***
COfM)NWE2U.TH OF PmNSYLVANIA
CDJNl'Y OF CUMBEmAND
BATKA
Vs.
Fi le No.
20064995
HOLY SPIRIT HOSP SYSTEM
MEDICAL BILLING RBQUESTED
SUBPOENA TO PR<XXX::E DOClJENTS ~ TH I NGS
FOR DISCOVERY PURSUANT TO RUlE 4009.22
COMFORT CARE HOLY SPIRIT, 205 GRANDVIEW CORP PL #309, CAMP HILL PA 1701
TO: ATTN: MEDICAL RECORDS DEPT
(Ncrne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunent~ or thing,s: ADDE~ 'I
. SEE A TT AClllill v.
at
MEDICAL LEGAL REPRODUCTIONS~A~~ss~940 DISSTON ST., PBILA., PA
You may del iver or mai 1 legible copies of the docunents or produce things requested b]
this subpoena, together with the certificate of CCJ1l) liance, to the party mak ing th i~
request at the address 1 isted above. You have the right to seek in advance the reasonab l~
cost of pr~aring the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by thb subpoena within tl,o!enty
(20) days after its serv~ce, the party serving thi!) subpoena may seek a court orde.-
c.:aTl)e 11 ; ng you to carp 1 y wi th it.
TH IS SlSPOENA WAS I SSUED AT 1lE REGllEST OF THE FOLLON I NG PERSON:
NAtE: THoMAS M CHAIRS ,ESQ
ADDRESS:
1200 CAMP lHT.T. BYPASS
TELF.PHONE:
SlPREt-E ~T I D#
ATTORNEY F~:
CAMP HILL, PA 17011
215-335-3212
DEFENDANT
DATE: ~~ -dJ/. ~~?
Sea 1 of the Court
M338894-07
k, Civil Oivision
Deputy
(Eff. 7/97)
,
ADDENDUM TO SUBPOENA
BATKA
Vs.
No. 20064995
HOLY SPIRIT HOSP SYSTEM
CUSTODIAN OF RECORDS FOR: COMFORT CARE HOLY SPIRIT
ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM
BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED
TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS,
MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS.
PERTAINING TO:
NAME: EILEEN BATKA
ADDRESS:
DATE OF BIRTH: 06/20/38
SSAN: XXXXX8203
MEDICAL BILLING REQUESTED
CERTD'lliD PHOTOCOPIES WILL BE ACCEYfED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
X-RAYS
PATIENT BILLING
RECORDS / XRAYS have been destroyed
Date
Authorized signature for
COMFORT CARE HOLY SPIRIT
CUMBERLAND
M338894-07
*** SIGN AND RETURN THIS PAGE ***
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