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m:kn:\WPWIN60\COND\UGI-STRO.CON 5/I 8199
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
J. PAUL STROCK AND V. LORRAINE
STROCK, BY UGI UTILITIES, INC.
FOR PUBLIC PURPOSES
CIVIL ACTION NO. 9 9 - 3 S 6S-
ci:va 1T-enryw
NOTICE OF INTENT TO PRESENT
CONDEMNATION PETITION AND BOND
To: J. Paul Strock and V. Lorraine Strock
2105 Stumpstown Road
Mechanicsburg, PA 17055
Pursuant to and in accordance with the Pennsylvania Business Corporation Law of 1988,
Act of December 21, 1988 (P.L.1444 No. 177(g)(2)(ii)), YOU ARE HEREBY NOTIFIED that
the attached Petition has been filed with the Cumberland County Prothonotary, and that if you do
not file an Answer or Objections thereto, WITHIN TEN (10) DAYS AFTER SERVICE OF
THIS PETITION UPON YOU, UGI Utilities, Inc., by and through its counsel, will file a Motion
with the Cumberland County Prothonotary, and present it to the Court for approval, seeking entry
of an Order in the form attached as Exhibit "C" to UGI's Petition, directing the filing of UGI's
original Bond.
Kevin T. Fogey
Attorney for UGI Ztilitie?slnc.
m:loci:\WPWIN60\COND\UGISTRO.CON 5/18/99
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
J. PAUL STROCK AND V. LORRAINE
STROCK, BY UGI UTILITIES, INC. CIVIL ACTION NO. q9- 3566
FOR PUBLIC PURPOSES C„Q...fe/n
PETITION FOR APPROVAL
AND ORDER FOR FILING CONDEMNATION BOND
AND NOW, comes the Petitioner, UGI UTILITIES, INC., by and through its attorney,
Kevin T. Fogerty, Esq., and respectfully petitions this Honorable Court as follows:
I. The Petitioner, UGI UTILITIES INC. ("UGI"), is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, and is principally engaged in the
business of producing, purchasing, storing, transporting and distributing natural gas. The
Petitioner maintains its principal office and place of business in Valley Forge, Montgomery
County, Pennsylvania, and has as its mailing address P.O. Box 858, Valley Forge, PA 19482.
2. The Petitioner, a public utility, by virtue of the power of eminent domain as
provided in the Pennsylvania Business Corporation Law of 1988, 15 P.S. Section 1511, and by
resolution duly adopted by the Executive/Nominating Committee of its Board of Directors on
May 25, 1999, as evidenced by the Secretary's Certificate attached hereto and marked as
Exhibit "A," has determined and concluded to enter upon, take and appropriate for a public
purpose, an easement and right of way over and upon a certain parcel of land located in Upper
Allen Township, Cumberland County, PA, by route surveyed and located for the purposes of
M:klG:\WPWIN60\COND\UGI•STRO.CON 5/18199
constructing, operating, maintaining, replacing and changing a pipeline for the transportation,
transmission and distribution of natural gas with the right in said company, its successors and
assigns to enter upon such easement and/or right of way at such times as may be fit and
necessary for said purposes.
3. Petitioner believes and avers that the only persons or entity having an ownership
interest in the property being condemned are J. Paul Strock and V. Lorraine Strock, being the
legal and equitable titleholders, and being referred to herein collectively as "the Owner."
Petitioner believes and avers that the Owner holds sole legal and equitable title to this property,
by virtue of a Deed recorded at the Cumberland County Recorder of Deeds Office, at Deed Book
Volume B23, Page 19.
4. Since in or about April, 1999, the Petitioner, through its agents and employees,
has attempted to secure an agreement for a pipeline easement and right of way over and through
the subject parcel of land from the Owner referenced in Paragraph 3 hereinabove. In that respect,
the Petitioner has attempted to contact the Owner to try and agree as to the damages properly
payable, but to date has been unable to do so for the purpose of entering into an
agretment/contract for such easement and right of way; hence, the Petitioner and the Owner have
not agreed upon reasonable compensation to be paid therefor and to affix the amount of damages,
if any, which would be occasioned by the taking of said easement and said right of way and the
construction of said pipeline.
5. A copy of the Bond of the Petitioner with Safeco Insurance Company of America,
mi:kfU:\WPWIN60\CONn\UGISTRO.COIJ 5118/99
a surety authorized to do business in the Commonwealth of Pennsylvania, which is conditioned
for the payment of all damages arising from the appropriation of said easement and right of way
and the location and construction of the pipeline on the aforesaid parcel of land of the Owner
referenced in Paragraph 3 hereinabove, the original of which is to be presented to this Court, is
attached hereto as Exhibit "B." It is pursuant to this Bond that title to the aforesaid easement and
right of way will pass to the Petitioner, with the attendant right of possession for purposes of its
easement, right of way, and installation of its pipeline.
6. This Petition and the proposed Order seeking approval and directing the filing of
the related Bond, will be presented for approval to the Cumberland County Court of Common
Pleas upon expiration of the ten-day response period set forth in 15 Pa. C.S.A. Section
1511(g)(2)(ii).
WHEREFORE, UGI UTILITIES, INC., respectfully requests this Honorable Court enter
an Order approving the form and substance of the Bond attached hereto as Exhibit "B," and
ordering that said Bond be filed with the Cumberland County Prothonotary.
LAW OFFICES OF W VIN T. FOGERTY
By.
Kevin T. Foge , q.
Attorney for Pe ' oner
UGI Utilities, inc.
1620 Pond Road - Suite 301
Allentown, PA 18104
(610) 366-0950
PA Supreme Ct. No. 36667
VERIFICATION
I, ROBERT J. CHANEY, hereby state and verify that I am the President and Chief
Executive Officer - of UGI Utilities, Inc., that I am authorized to take this Verification on
behalf of said Petitioner, and that the facts set forth in the foregoing Petition are true and
correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904 relating to unsworn falsification to authorities.
Date: May aY , 1999
President and Chieficecutive Officer
UGI Utilities, Inc.`/
Exhibit A
UGI UTILITIES, INC.
SECRETARY'S CERTIFICATE.
The undersigned certifies that:
1. He is the duly elected and acting Secretary of UGI Utilities, Inc., a Pennsylvania
corporation (the "Company"), and as such is authorized to execute and deliver this Certificate on
behalf of the Company.
2. Below is a true and correct copy of resolutions duly adopted by the
Executive/Nominating Committee of the Board of Directors of the Company by Unanimous
Consent dated May 25,1999:
RESOLVED, the exercise by the Company of its right of
eminent domain as set forth in 15 Pa. C.S.A. Section 1511 as that
provision applies to acquisition of easements and rights of way
with respect to the acquisition of an easement and right of way, and
the placement therein of one or more gas distribution lines, in
Upper Allen Township, Pennsylvania, is approved.
RESOLVED, any officer of the Company is authorized to
execute and deliver such other agreements, certificates, consents,
corporate papers and other documents, make any payments and
take all other action, including without limitation, exercise of the
Company's power of eminent domain as stated above, that such
officer and counsel for the Company may deem necessary or
desirable to carry out the intent and purposes of the foregoing
resolution, including, without limitation, the preparation and filing
of a Petition for Approval and Order for Filing Bond and a Bond
relative to the acquisition of any and all easements in and across
certain parcels of land, legal and equitable title to which are
presently vested in J. Paul Strock and V. Lorraine Struck.
3. These resolutions have not been amended, modified or rescinded and remain in full
force and effect on the date of this certificate.
Dated: May 25, 1999
[Corporate Seal]
rendan P. Bovaird
Scc.Ccr\UUbcmin.doc
Exhibit B
M:Id 1WPW1N60NCONDWa1,rM0.CON$119199
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
J. PAUL STROCK AND V. LORRAINE
STROCK9 BY UGI UTILMES, INC. CML ACTION NO.
FOR PUBLIC PURPOSES
Bond 15990466
BOND FOR DAMAGES R RIGHT OF
FMiNF*? ??+*? • *,•*
KNOW ALL MEN BY THESE PRESENTS, that UGI UT11-nTES, INC., a Pennsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482
(hereinafter "Principal" or "Condemnor") and SAFECO INSURANCE COMPANY OF
AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of
Washington, are held and firmly bound unto THE COMMONWEALTH OF PENNSYLVANIA,
for the use of L Paul Strock and V. Lorraine Strock (hereinafter collectively "Owner/Obligee"),
in such sum or sums as the said Owner/Obligee shall be entitled to receive as damages by reason
of the appropriation of a right-of-way and easement for the purposes of construction, operation,
maintenance, replacement and changing the size of one or more pipelines for the transmission
and distribution of natural gas, and the construction over the property hereinafter described, when
said damages shall have been agreed upon by the parties or shall have been legally awarded to
said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is
liable, to be made to said Owner/Obligee, or its attorneys, successors and assigns, to which
payment well and truly to be made by UGI UTILITIES, INC., Principal, and SAFECO
tmidCAWPWIN601CONDWGaSTRO.CON 5116'99
INSURANCE COMPANY OF AMERICA, Surety, and each of them bind themselves, their
successors and assigns, fumly by these presents.
Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice
President, attested by its Secretary, and the corporate seal of SAFECO INSLRANCE
COMPANY OF AMERICA, Surety, by the hand of its Attomey-in-Fact on this Z41 day of May,
1999.
WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon land in
which the Owner/Obligee has ownership interests and/or rights, to construct a pipeline, together
with such related equipment and structures as may be required for the transmission of natural gas
over and upon said certain land of the Owner/Obligee, situated in Upper Allen Township,
Cumberland County, PA (with said parcel of land hereinafter being referred to as "the
Premises"), and with the subject easement and right of way being herein taken and condemned
being as depicted on the plan drawings attached hereto as Exhibit "A." The easement herein
condemned by the Condemnor/Principal shall not interfere with said Owner/Obligee's use and
enjoyment of said Promises except for the purposes of said pipeline, except that no buildings or
permanent non-movable structures shall be placed or erected by the Owner/Obligee or any other
persons on or above the surface of the land encompassed by this easement and right of way.
NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURANCE
COMPANY OF AMERICA, Surety, its successors or assigns, or either of them, do and shall
well and truly pay, or cause to be paid unto the said Owner/Obligee, its attorneys, successor or
2
nn:3dC:\WPWlN64lt;eNDWOISTao.CON 5118M
assigns, the damages it may sustain by reason of the appropriation of the pipeline right-of-way
and easement and the construction of the pipeline over the property herein described, when
damages shall be agreed upon by the parties, or shall have been legally awarded to said
Owner/Obligee, with interest and costs, if any may be due, for which said principal is liable, than
this obligation is to be void; otherwise, to be and remain in full force and effect.
A T:
Assistant Secretary
Samuel Mauriello
;ren ITIES, INC.
i e app?.?esideeppt
an 4. COvaird
(Corporate Seal)
Ln the presence of..
Witness as to surety
Lima I. Torres
SAFE
CO- SURANCE COMPANY OF
I MERICA
?sy 't e
Darella E. White
Attomey-in-Fact
POWER
OF ATTORNEY
OAF?iO®
KNOW ALL BY THESE PRESENTS:
No.
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 58185
6014
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
co;poratlon does each hereby a olnt
" "UARELLA E. WHITE; f+?RRGUERITE M. CAVANAUGH; RICHARD G. DICCIANI; Philadelphia, Pennsylvania""
Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this
12
day of J8f1Ut3r
19 99
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute an behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out
(i) The provisions of Article V. Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of
Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 24th day of May , 19 99
8.9741EP 1193 0 Registered trademark of SAFECO Corporation.
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Exhibit C
m:kn:\WPWIN60\COND\UGI-STRO.CON 5/18199
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
J. PAUL STROCK AND V. LORRAINE
STROCK, BY UGI UTILITIES, INC. CIVIL ACTION NO.
FOR PUBLIC PURPOSES
AND NOW, this _ day of May, 1999, upon consideration of UGI Utilities, Inc.'s,
Petition for Approval and Order for filing Bond, the Court being satisfied that the
Condemnees, J. Paul Strock and V. Lorraine Strock, have been given proper notice of UGI's
intention to present the subject Petition to this Court, and after affording the parties an
opportunity to be heard,
IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to file the
referenced Bond with the Cumberland County Prothonotary, and that the amount of security
provided in and by that Bond is hereby approved by this Court.
BY THE COURT:
J.
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rrn:klG:\WPWIN60\COND\UGI•STRO.AFF 5/18199
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
J. PAUL STROCK AND V. LORRAINE CIVIL ACTION NO.
STROCK, BY UGI UTILITIES, INC. 99 -3S6S
FOR PUBLIC PURPOSES
AFFIDAVIT OF SERVICE
The undersigned, Douglas S. Vene , being an adult individual, does hereby
swear and affirm that on Tuesday June 15 , 1999 at 10:40 a.m. I did serve true and
correct copies of the Petition for Approval and Order for Filing Bond on J. Paul Strock and V.
Lorraine Strock at 2105 Stumntown Road Mechanicsburg PA 17055
[address]
by hand delivery to Mr. J. Paul Strock
r. Ups
Sworn to and subscribed
before me this
day of June, 1999
o Public
Notarial Seal
Joanne B. ArchOeld, Notary Public
Harrisburg, Dauphin County
My Commission Expires Dec. 79, 2002
Member, Pennspama Associelion of Nolarles
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