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Home My WebLink About97-01575 \ I I ! H I ~ ! :J I I . I -7 I I fi -0 I 41 , ""', 1t,~~., ') ,:., " ri""'" ,( ; I I , I i :( I $ lC) I i I- l() - i &:) ! 'f) ,f) 0 t:: t:!J z ~ " !:l z ~ ~ ~ :t: .:5 ~ ~ ~ - 2 ~ ..2. I- ~ '" UJ . ~ G <: ~ Z u '" l Z ~ ,.. < UJ w :< 0- UJ 'i Z ~ 0 2 ~ 0 ;; ~ CO ~ 0 ~ 0( C- o ~ ~ :;.; ~ co . <: 0 " < ~ :r: u UJ ::i CUMBERLAND VALLEY SCHOOL DISTRICT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 97- 1575 EQUITY TERM UGI UTILITIES, INC., Defendant CIVIL ACTION - EQUITY N 0 TIC E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 & SPARE, P.C. By CUMBERLAND VALLEY SCHOOL DISTRICT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 97- 1575 EQUITY TERM UGI UTILITIES, INC., Defendant CIVIL ACTION - EQUITY COMPLAINT AND NOW, comes CUMBERLAND VALLEY SCHOOL DISTRICT, Plaintiff herein, by its Attorneys, SNELBAKER, BRENNEMAN & SPARE, P.C., and avers the following cause of action in equity: 1. The Plaintiff herein is CUMBERLAND VALLEY SCHOOL DISTRICT ("School District"), a public school district in Cumberland County, Pennsylvania, having its principal office at 6746 Carlisle Pike, Mechanicsburg (Silver Spring Township), PA 17055. 2. The Defendant herein is UGI UTILITIES, INC. ("UGI"), a Pennsylvania corporation, having its office at Valley Forge in Montgomery County with a mailing address of P.O. Box 858, Valley LAW OFFices SNELDAKER. BRENNEMAN 8: SPARI: Forge, PA 19482. J. School District exists as a Constitutional governmental entity created pursuant to the laws of the Commonwealth of Pennsylvania as recognized and protected by Article 10, Section 1 of the Constitution of Pennsylvania, and operated and administered in accordance with the Public School Code of 1949, as amended. 4. UGI purports to be a public utility and is subject to the laws of the Commonwealth of Pennsylvania. ,I fl I i ,I 5. At all times relevant hereto, School District was and continues to be the owner of the real estate being the subject of this proceeding, being land described in deed from Cumberland Valley Joint school Authority to School District dated December 6, 1985, and recorded on December 15, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 32, Page 363, hereinafter called "Subject I I I I I I I 1 I I I I I I I I ! I I i I I Land". 6. On or about March 17, 1997, School District received as though by service of process an uncertified document marked "copy" entitled Notice of Intent to Present Condemnation Petition and Bond ("Notice") appearing to have been filed in the law side of this Court on the same date to No. 97-1342 civil Term in which UGI purports to institute eminent domain proceedings against Cumberland Valley Joint School Authority ("Authority") as the averred owner of the land. 7. Based upon an inspection of Notice, it appears that UGI LAW OFFICES SNELBAKER. BRENNEMAN 8: SP^RE is attempting to condemn an easement for its private use to install a gas transmission line within the Subject Land, such conclusion being based upon an interpretation of the map or drawing attached to the copy of the proposed Bond filed with said Notice whereby the geography of the depiction appears to locate the proposed pipe line within the easement. 8. The Notice avers (without exception or reservation) that the Authority is the sole owner of the Subject Land, whereas in -2- fact, School District is the sole owner thereof by virtue of the same conveyance cited by UGI in its Notice as mentioned in paragraph 5 above. S. All of UGI's alleged procedure is based upon Authority's alleged ownership of the Subject Land, including its corporate resolution (see "Exhibit A" to the Notice), the caption and body of the Notice and the proposed Bond (see "Exhibit B" to the Notice). Only the addressee of the Notice identifies the School District and then only in some capacity other than as owner of the Subject Land. 10. It is believed and, therefore, averred that UGI seeks the subject easement in order to extend its private gas transmission facilities to a private residential development in order to enhance its private interests in expanding its customer base. 11. School District uses the Subject Land as its principal educational campus and includes the active operation of elementary, middle and high school buildings and auxiliary outdoor facilities including playing fields, driveways, parking LAW OrP'lC[S SNELBAKER. BRENNEMAN 6c SPARE lots and open space for future development. 12. The Subject Lands are used solely for public school purposes as mandated and controlled by the laws of the Commonwealth of Pennsylvania. 13. UGI has alternative routes of extending its gas facilities including, but not limited to, routes via existing public roads, for example (a) from Carlisle Pike on Rich Valley -3- I , ! Road, and (b) from Carlisle Pike on Cumberland Drive and Ridge Hill Road. 14. UGI's attempted taking of a portion of the Subject Land will interfere with School District's use of the Subject Land by creating an encumbrance of title and a physical barrier to the full and free development of said real estate. 15. UGI does not possess lawful authority to take School District's property by eminent domain or otherwise. 16. UGI has no right to trespass upon School District's property. 17. By virtue of its Notice, UGI has no legal authority to commence any work on School District's property and said Notice fails to identify the correct owner of the Subject Land and, therefore, is a nUllity. 18. Only because School District believes its land is going to be taken by UGI as indicated by the geographical indication in the Notice, it has instituted this action in response and objection to UGI's implementation of Section 1511 of the Business Corporation Law of 1988 (15 Pa. C.S. S 1511) and in accordance with the holding of In re Carneqie Natural Gas Co., 157 Pa. Cmwlth. 217, 629 A.2d 256 (1993). Otherwise, School District considers the Notice and UGI's filing thereof a procedural nullity. LAw O,."ICEII SNELDAKER. BRENNEMAN Br SPARE 19. For all the reasons set forth above, UGI's commencement of the condemnation proceeding to No. 97-1342 Civil Term was arbitrary and is vexatious, requiring school District to engage -4- counsel and defend against such action, such conduct being proscribed by Section 2503(9) of the Judicial Code: 42 Pa. C.S. S 2503(9), and entitling School District to recover its counsel fees incurred in this proceeding. 20. School District has no adequate remedy at law. 21. School District will sustain immediate and irreparable damage by any taking of its real estate and/or the entry thereon to install gas transmission facilities. WHEREFORE, Plaintiff School District respectfully prays your Honorable Court to: A. Preliminarily and permanently enjoin UGI from entering upon the Subject Land; B. Enjoin UGI from taking Plaintiff'S land in any degree by any means whatsoever, including eminent domain; C. Preliminarily and permanently enjoin UGI from filing the Bond referenced in its Petition for Approval and Order for Filing Bond docketed at No. 97-1342 Civil Term in the Court of Common Pleas of Cumberland County, LAW O"ICES SNELDAKER. BRENNEMAN 8: SPARE Pennsylvania; D. Award Plaintiff its counsel fees expended in this proceeding as costs of this action and enter judgment therefor against Defendant; E. Award Plaintiff its costs and expenses expended in this proceeding and enter judgment therefor against Defendant; and -5- ') '. .'"1 l ,., ) . -) '" " ", l;"n ;, -' ~ .'.. :.~ hj ",