Loading...
HomeMy WebLinkAbout07-2946IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. 67- .29y4 1. iu L / ?I2. EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code (the "Eminent Domain Code"), 26 Pa.C.S. Section 302, respectfully represents that: 1. The Condemner is the Borough of Shiremanstown ("Condemner"). 2. The address of the Condemner is: Borough of Shiremanstown One Park Lane Camp Hill, PA 17011 3. The Condemner is authorized by the provisions of Section 1501 and 2501 of the Borough Code, Act of Feb. 1, (1966) 1965, P.L. 1656, No. 581, as amended (the "Borough Code") to enter upon and appropriate private property and acquire land in fee simple, or such other estate or interest as it shall determine, in the name of Condemner for municipal and public purposes including, without limitation, the erection or extension of public buildings, public works, the establishing of parks, playgrounds and recreation places, and for all other purposes authorized by the Borough Code. 4. The within condemnation has been authorized by Ordinance ("Ordinance") duly adopted by the Council for the Borough of Shiremanstown on December 11, 2006, Authorizing Acquisition of 201 East Main Street-Rear, Shiremanstown, PA, Parcel #37- 23-0555-158 (the "Property"), in the Borough of Shiremanstown, in Cumberland County, as more particularly set forth and described in the deed dated July 14, 1958 listing Donald D. Schumack and Mary A. Schumack, his wife, as grantees and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, Page 489. The Ordinance and the legal description showing the Property may be inspected in the Office of the Secretary, Borough of Shiremanstown, One Park Lane, Camp Hill, PA 17011. 5. The purpose of the within condemnation is to acquire the Property for one or more of the public and municipal purposes set forth in the Borough Code including, without limitation, the expansion of the existing Borough Hall facility adjoining the Property. 6. A Schedule of the Property Condemned identifying and specifying the location of the Property hereby condemned is attached hereto and made a part hereof as Exhibit "A." 7. Plans showing the Property hereby condemned are, on the day of the filing of this document, being lodged for record in the Recorder's Office of Cumberland County in accordance with section 304 of the Eminent Domain Code where they may be inspected. Such plans are also available for inspection in the Shiremanstown Borough Hall, One Park Lane, Camp Hill, PA 17011. 8. The nature of the title condemned is Fee Simple. 9. The payment of just compensation in this matter is secured by the Borough of Shiremanstown's power of taxation. WHEREFORE, fee simple title is hereby condemned of the Property identified on the attached Schedule of Property Condemned and as indicated on the plans referenced in paragraph 7 above. Date: ?- ! t?- 2407- tted, Carl M. Ledebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 SCHEDULE OF PROPERTY CONDEMNED The property condemned is described as set forth on the plan by Hartman & Associates, Inc., Engineers and Surveyors, dated May 5, 2007 attached hereto and as follows: ALL THAT CERTAIN one and one-half story frame dwelling house and lot of ground, situated near the rear of the U.B. Church, along Strawberry Alley, in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post in the Northeastern corner of Strawberry Alley and Church Street, extended; thence along the Eastern line of Church Street, extended, North 13 degrees West, one hundred eighteen (118) feet to a stake in the Southern line of a proposed street (Vine Street); thence along said Southern line of the proposed street (Vine Street), North 74 degrees 45 minutes East, one hundred fifty-three (153) feet, to a post; thence along the line of land formerly of Wilson S. Graybill, now or formerly of William Sheaffer, South 14 degrees 15 minutes East, one hundred twenty-five (125) feet to a pipe; thence along the Northern line of Strawberry Alley, aforesaid, South 77 degrees West, one hundred fifty-five (155) feet to a post, at the place of BEGINNING. BEING the same premises which George C. Wolfe, Jr. and Kay L. Wolfe, his wife, by their deed dated July 14, 1958 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, page 489, granted and conveyed unto Donald D. Schumack and Mary A. Schumack, his wife. The aforesaid Donald D. Schumack died on May 3, 2005 whereby title to the above premises automatically vested in Mary A. Schumack by operation of law. Mary A. Schumack is believed to have died on or about December, 2006 survived by the following known children being condemnees: Mark D. Schumack P.O. Box 731 46 Fawn Grove Drive Albrightsville, PA 18210 Donita Schumack 61 %Z South Pine Street Hazleton, PA 18201 Lisa A. Schumack 116 South Cedar Street Hazleton, PA 18201 It is unknown whether additional heirs survive Mary A. Schumack, deceased. The last known address of Mary A. Schumack is 61 South Pine Street, Hazleton, PA 18201. / tau ^ O z I _? ' s `Yo W^ ^ ZO ?o no r / ? h? j ?n I I z I QoN? I S 04 29 47 E 124.81 zo o g S 14'15'00'_ 125.0' DEED i v a I Q?H n -? o <W ? Z ?^ , "K '4 25 REP W^ ?Q O? ? h QNj=Z?0 ? ? ? ? c V? ?N?o j? o V I I ^ Z? I^ ?N Q? it I e QlnSN4 <E 44 QhN I ?? ; j ,?Q "Iss ? I =vQ (?Q A ; 3 ,? `vim C7" QNm? W}? ?I?O o, Q ?Q ?J A z a0 ?, ? m 02 ry I 1 W W m 2 I ? I Q Z h? N Z _ .? W a n ? z ?(033C , 00 911 M , 00, O. £' Q z Rod ,6FEllMal, 64 U W 4 ? p Z W h0 OW No U I I ^ Z?? W o='oZ v pF ?- ? ? 0 Q?=gym 0 LL C2 i?- W z3 0: ce V) a? co a a W o Q O N N pjj Lu wdLO:t-LOOT 'bl LoW 6Mp'1V1d160LO\6MP\160/-0\£PuoI\:r :awou acid VERIFICATION i I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ? Attest` ?0c Janna C Secretary Borough of Shiremanstown By: William Runkle, III, President p? N ? c J r? C?p U.) CO q --4 -rr 515, :.mac IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. C) 4 -Z4 CIVY : EMINENT DOMAIN PROCEEDING : IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of condemnation effected by the Declaration of Taking filed to the above term and number on May 17, 2007, was recorded in the office of the Recorder of Deeds of the above county in &c. ?wjZ IX , page . submitted, Date: May 17, 2007 Kul M . I;ede&hm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 C? ? CD t' C:; -r? T IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE NO. 07-2946 Civil Term BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, EMINENT DOMAIN PROCEEDING PARCEL #37-23-0555-158 IN THE IN REM BOROUGH OF SHIREMANSTOWN CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 18th day of May, 2007, I served a copy of the Notice of Condemnation-Condemnee and Declaration of Taking, copies of which are attached hereto as Exhibit "A" and made part hereof, filed on behalf of the Borough of Shiremanstown upon the following by certified mail, return receipt requested, postage prepaid, addressed as follows: Pennsylvania Department of Revenue Office of Chief Counsel Dept. 281061 Harrisburg, PA 17128 Cumberland County Tax Claim One Court House Square Carlisle, PA 17013 The said notices were delivered on 5/21/07 as evidenced by Postal Form 3811 for each addressee attached hereto as Exhibit "B" and made part hereof. Date: May, 3,2007 ,Karl $1. Ledebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM NOTICE OF CONDEMNATION-CONDEMNEE To: Mark D. Schumack 46 Fawn Grove Drive Albrightsville, PA 18210 Lisa A. Schumack 116 South Cedar Street Hazleton, PA 18201 Donita Schumack 61 '/z South Pine Street Hazelton, PA 18201 Pennsylvania Department of Revenue Office of Chief Counsel Dept. 281061 Harrisburg, PA 17128 Cumberland County Tax Claim One Court House Square Carlisle, PA 17013 Mark D. Schumack P.O. Box 731 Albrightsville, PA 18210 Mary A. Schumack 61 South Pine Street Hazleton, PA 18201 NOTICE IS HEREBY GIVEN that the Solicitor for the Borough of Shiremanstown on May 17, 2007 filed a Declaration of Taking in the above named Court to the above term and number, a copy of which is attached hereto and made part hereof, in an action to condemn the property or properties identified on the Schedule of Property Condemned (the "Property") attached hereto and made a part hereof. EXHIBIT "A" r THE PROPERTY IN WHICH YOU MAY HAVE AN INTEREST HAS BEEN CONDEMNED. IF YOU WISH TO C1 ALLENDGE THE POWER OR THE RIGHT OF THE CONDEMNOR TO APPROPRIATE THE CONDEMNED PROPERTY, THE SUFFICIENCY OF THE SECURITY, THE PROCEDURE FOLLOWED BY THE CONDEMNOR OR THE DECLARATION OF TAKING, YOU MUST FILE PRELIMINARY OBJECTIONS WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF CONDEMNATION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 ly Date: May 17, 2007 /RfIer arl M. Ledebohm, Solicitor the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE NO. O7 - e2 BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, EMINENT DOMAIN PROCEEDING PARCEL #37-23-0555-158 IN THE IN REM BOROUGH OF SHIREMANSTOWN C-D o DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section X02, Qf, 3 r' r 3J the Eminent Domain Code (the `Eminent Domain Code"), 26 Pa.C.S. Section 302, ` respectfully represents that: 1. The Condemner is the Borough of Shiremanstown ("Condemner"). 2. The address of the Condemner is: Borough of Shiremanstown One Park Lane Camp Hill, PA 17011 The Condemner is authorized by the provisions of Section 1501 and 2501 of the Borough Code, Act of Feb. 1, (1966) 1965, P.L. 1656, No. 581, as amended (the "Borough Code") to enter upon and appropriate private property and acquire land in fee simple, or such other estate or interest as it shall determine, in the name of Condemner for municipal and public purposes including, without limitation, the erection or extension of public buildings, public works, the establishing of parks, playgrounds and recreation places, and for all other purposes authorized by the Borough Code. (C(DF)ly 4. The within condemnation has been authorized by Ordinance ("Ordinance") duly adopted by the Council for the Borough of Shiremanstown on December 11, 2006, Authorizing Acquisition of 201 East Main Street-Rear, Shiremanstown, PA, Parcel #37- 23-0555-158 (the "Property"), in the Borough of Shiremanstown, in Cumberland County, as more particularly set forth and described in the deed dated July 14, 1958 listing Donald D. Schumack and Mary A. Schumack, his wife, as grantees and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, Page 489. The Ordinance and the legal description showing the Property may be inspected in the Office of the Secretary, Borough of Shiremanstown, One Park Lane, Camp Hill, PA 17011. 5. The purpose of the within condemnation is to acquire the Property for one or more of the public and municipal purposes set forth in the Borough Code including, without limitation, the expansion of the existing Borough Hall facility adjoining the Property. 6. A Schedule of the Property Condemned identifying and specifying the location of the Property hereby condemned is attached hereto and made a part hereof as Exhibit "A." 7. Plans showing the Property hereby condemned are, on the day of the filing of this document, being lodged for record in the Recorder's Office of Cumberland County in accordance with section 304 of the Eminent Domain Code where they may be inspected. Such plans are also available for inspection in the Shiremanstown Borough Hall, One Park Lane, Camp Hill, PA 17011. 8. The nature of the title condemned is Fee Simple. 9. The payment of just compensation in this matter is secured by the Borough of Shiremanstown's power of taxation. WHEREFORE, fee simple title is hereby condemned of the Property identified on the attached Schedule of Property Condemned and as indicated on the plans referenced in paragraph 7 above. Date: ?-/ 0' o?- ,marl M. Ledebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 SCHEDULE OF PROPERTY CONDEMNED The property condemned is described as set forth on the plan by Hartman & Associates, Inc., Engineers and Surveyors, dated May 5, 2007 attached hereto and as follows: ALL THAT CERTAIN one and one-half story frame dwelling house and lot of ground, situated near the rear of the U.B. Church, along Strawberry Alley, in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post in the Northeastern corner of Strawberry Alley and Church Street, extended; thence along the Eastern line of Church Street, extended, North 13 degrees West, one hundred eighteen (118) feet to a stake in the Southern line of a proposed street (Vine Street); thence along said Southern line of the proposed street (Vine Street), North 74 degrees 45 minutes East, one hundred fifty-three (153) feet, to a post; thence along the line of land formerly of Wilson S. Graybill, now or formerly of William Sheaffer, South 14 degrees 15 minutes East, one hundred twenty-five (125) feet to a pipe; thence along the Northern line of Strawberry Alley, aforesaid, South 77 degrees West, one hundred fifty-five (155) feet to a post, at the place of BEGINNING. BEING the same premises which George C. Wolfe, Jr. and Kay L. Wolfe, his wife, by their deed dated July 14, 1958 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, page 489, granted and conveyed unto Donald D. Schumack and Mary A. Schumack, his wife. The aforesaid Donald D. Schumack died on May 3, 2005 whereby title to the above premises automatically vested in Mary A. Schumack by operation of law. Mary A. Schumack is believed to have died on or about December, 2006 survived by the following known children being condemnees: Mark D. Schumack P.O. Box 731 46 Fawn Grove Drive Albrightsville, PA 18210 Donita Schumack 61 '/2 South Pine Street Hazleton, PA 18201 Lisa A. Schumack 116 South Cedar Street Hazleton, PA 18201 It is unknown whether additional heirs survive Mary A. Schumack, deceased. The last known address of Mary A. Schumack is 61 South Pine Street, Hazleton, PA 18201. aC ? ; 0429 47 ? E' 124.810 z oE-r E 125. o (S t 4' '00 1.5 W ? gq,Oa? N? w• ?c 2 t? p l q ? ? ocj ?.. N 04p . ?? ? ? () 1 ?hNcoJ? 'o N?a?2 o fl Q J • ] ? cl A4 U ^ O a N ?" fr J Jn?+ t Q36£, 6 ©g 4 L Q?N?Z?V ac i e'a m Z M 2 J I '• 1 1 II u N I W N T J 0. N a r gg Z t.. O N ?- uo-'\;p :au LOOZ '4l AoVi 6MP.1'4-Idt60L0\6"'P\16OLO\£P 110?A? wdLO ?L- r e ? w0 ??pp O P O I$ o U Q E +? it - h ?3 (? N h $ Z?? KZn o >r ? c 4 y 4°?V 057 ? O + Wh vO L?NZ S= E U x? 4 Q Lh W W Q 4 W YI Z 0- Z Z 4 O U C 7 u. W ?i. W ? .y i• VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Borough of Shiremanstown Attest: Jut-, Janna Cp chio, Secretary - By: William Runkle, III, President ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rr B. Received by (Printed Name) C. Date of D. Is delivery address different from ([efn I I U Yes If YES, enter delivery address below: ? No i- ?? (\ ?? ?U U ?3 3. Se Ice Type rtified (Nail ? Express Mail of ?' a b ( ? Registered JQ?4ietum Receipt for Merchandise cam/ ? Insured Mail ? C.O.D. (Z t J ?U ?? ` 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 2890 0002 8470 8689 (Ransfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: U (n be (i a??c? C e L) l c i ? tt2Y Qne_ tn_ 00 f Nast ?c I ?s Ir 1D 3 A. n ture?/ ]U? ? ?" 'Q Agent X ? Addressee B. Received by ( Printed a e) C. Date )of) Delivery D. Is delivery address different from iterl)11? ? Yes If YES, enter delivery address below: ? No 3. Se ice Type rtified Mail ? Express Mail ? Registered '54eturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (iiansferfromservice /a 7004 2890 0002 8470 8696 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "B.rr _„.1 T l„ i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM AMENDED DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Amended Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code (the "Eminent Domain Code'), 26 Pa.C.S. Section 302, respectfully represents that: The Condemner is the Borough of Shiremanstown ("Condemner"). 2. Condemner originally filed a Declaration of Taking to the above captioned matter on May 17, 2007. 3. Since the date of the original filing, Condemner has ascertained that an Estate for Mary A. Schumack, the record owner of the property condemned as set forth herein, has been opened and Letters Testamentary issued to Mark D. Schumack, as Executor for the Estate of Mary A. Schumack, deceased, as set forth on the Amended Schedule of Property Condemned attached hereto as exhibit "A" and made part hereof. 4. The address of the Condemner is: Borough of Shiremanstown One Park Lane Camp Hill, PA 17011 5. The Condemner is authorized by the provisions of Section 1501 and 2501 of the Borough Code, Act of Feb.l, (1966) 1965, P.L. 1656, No. 581, as amended (the "Borough Code") to enter upon and appropriate private property and acquire land in fee simple, or such other estate or interest as it shall determine, in the name of Condemner for municipal and public purposes including, without limitation, the erection or extension of public buildings, public works, the establishing of parks, playgrounds and recreation places, and for all other purposes authorized by the Borough Code. 6. The within condemnation has been authorized by Ordinance ("Ordinance") duly adopted by the Council for the Borough of Shiremanstown on December 11, 2006, Authorizing Acquisition of 201 East Main Street-Rear, Shiremanstown, PA, Parcel #37- 23-0555-158 (the "Property"), in the Borough of Shiremanstown, in Cumberland County, as more particularly set forth and described in the deed dated July 14, 1958 listing Donald D. Schumack and Mary A. Schumack, his wife, as grantees and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, Page 489. The Ordinance and the legal description showing the Property may be inspected in the Office of the Secretary, Borough of Shiremanstown, One Park Lane, Camp Hill, PA 17011. 7. The purpose of the within condemnation is to acquire the Property for one or more of the public and municipal purposes set forth in the Borough Code including, without limitation, the expansion of the existing Borough Hall facility adjoining the Property. 8. An Amended Schedule of the Property Condemned identifying and specifying the location of the Property hereby condemned is attached hereto and made a part hereof as Exhibit "A." 9. Plans showing the Property hereby condemned have been lodged for record in the Recorder's Office of Cumberland County in accordance with section 304 of the Eminent Domain Code in Miscellaneous Book 736, Page 4885 where they may be inspected. Such plans are also available for inspection in the Shiremanstown Borough Hall, One Park Lane, Camp Hill, PA 17011. 10. The nature of the title condemned is Fee Simple. 11. The payment of just compensation in this matter is secured by the Borough of Shiremanstown's power of taxation. WHEREFORE, fee simple title is hereby condemned of the Property identified on the attached Amended Schedule of Property Condemned and as indicated on the plans referenced in paragraph 9 above. Date: arl M. Ledebohm, olicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 AMENDED SCHEDULE OF PROPERTY CONDEMNED The property condemned is described as set forth on the plan by Hartman & Associates, Inc., Engineers and Surveyors, dated May 5, 2007 and attached to the Notice of Condemnation recorded in the Cumberland County Recorder of Deeds office on May 17, 2007, at Miscellaneous Book 736, page 4885 and as follows: ALL THAT CERTAIN one and one-half story frame dwelling house and lot of ground, situated near the rear of the U.B. Church, along Strawberry Alley, in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post in the Northeastern corner of Strawberry Alley and Church Street, extended; thence along the Eastern line of Church Street, extended, North 13 degrees West, one hundred eighteen (118) feet to a stake in the Southern line of a proposed street (Vine Street); thence along said Southern line of the proposed street (Vine Street), North 74 degrees 45 minutes East, one hundred fifty-three (153) feet, to a post; thence along the line of land formerly of Wilson S. Graybill, now or formerly of William Sheaffer, South 14 degrees 15 minutes East, one hundred twenty-five (125) feet to a pipe; thence along the Northern line of Strawberry Alley, aforesaid, South 77 degrees West, one hundred fifty-five (155) feet to a post, at the place of BEGINNING. BEING the same premises which George C. Wolfe, Jr. and Kay L. Wolfe, his wife, by their deed dated July 14, 1958 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, page 489, granted and conveyed unto Donald D. Schumack and Mary A. Schumack, his wife. The aforesaid Donald D. Schumack died on May 3, 2005 whereby title to the above premises automatically vested in Mary A. Schumack by operation of law. Mary A. Schumack died on or about December, 2006. Letters Testamentary were issued to Mark D. Schumack, as Executor for the estate of Mary A. Schumack, deceased, by the Luzerne County Register of Wills on March 29, 2007 to Luzeme County Register of Wills file number 40-07-0549. Therefore, the Owner of the property interests condemned is Mark D. Schumack, Executor for the estate of Mary A. Schumack, deceased. Exhibit "A" VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Borough of Shiremanstown Atte CIC_,/?I- Janna echio, Secretary By: William Runkle, III, President ? 0 I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM AMENDED MEMORANDUM TO PROTHONOTARY You are hereby informed that an Amended Notice of Condemnation effected by the Declaration of Taking originally filed to the above term and number on May 17, 2007, as amended by the Amended Declaration of Taking filed on June 6, 2007, was recorded in the office of the Recorder of Deeds of the above county in 4w [L- 4!Y:? , page 2. '?_l . Date: 6 G r0 Respectfully submitted, a X rl M. Ledebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 c .r, T . ? cr ? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 8th day of June, 2007,1 served a copy of the Amended Notice of Condemnation-Condemnee, a copy of which are attached hereto as Exhibit "A" and made part hereof, filed on behalf of the Borough of Shiremanstown upon the following by certified mail, return receipt requested, postage prepaid, addressed as follows: Pennsylvania Department of Revenue Office of Chief Counsel Dept. 281061 Harrisburg, PA 17128 Cumberland County Tax Claim One Court House Square Carlisle, PA 17013 Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 The said notices were delivered on 6/11/07 as evidenced by Postal Form 3811 for each addressee attached hereto as Exhibit "B" and made part hereof. fN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHMEMANSTOWN ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM AMENDED NOTICE OF CONDEMNATION-CONDEMNEE To: Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased c/o Peter Fagan, Esquire 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Pennsylvania Department of Revenue Office of Chief Counsel Dept. 281061 Harrisburg, PA 17128 Cumberland County Tax Claim One Court House Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that the Solicitor for the Borough of Shiremanstown on June 6, 2007 filed an Amended Declaration of Taking, a copy of which is attached hereto and made part hereof, amending the Declaration of Taking filed in the above named Court to the above term and number on May 17, 2007, in an action to condemn the property or properties identified on the Amended Schedule of Property Condemned (the "Property") attached hereto and made a part hereof. EXHIBIT "A" THE PROPERTY IN WHICH YOU MAY HAVE AN INTEREST HAS BEEN CONDEMNED. IF YOU WISH TO CHALLENDGE THE POWER OR THE RIGHT OF THE CONDEMNOR TO APPROPRIATE THE CONDEMNED PROPERTY, THE SUFFICIENCY OF THE SECURITY, THE PROCEDURE FOLLOWED BY THE CONDEMNOR OR THE DECLARATION OF TAKING, YOU MUST FILE PRELIMINARY OBJECTIONS WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF CONDEMNATION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 Y. Date: June 7 , 2007 Fart M. Ledebohm, Solicitor - or the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 i a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN AMENDED DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Amended Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code (the "Eminent Domain Code"), 26 Pa.C.S. Section 302, respectfully represents that: 1. The Condemner is the Borough of Shiremanstown ("Condemner") 2. Condemner originally filed a Declaration of Taking to the above captioned matter on May 17, 2007. 3. Since the date of the original filing, Condemner has ascertained that an Estate for Mary A. Schumack, the record owner of the property condemned as set forth herein, has been opened and Letters Testamentary issued to Mark D. Schumack, as Executor for the Estate of Mary A. Schumack, deceased, as set forth on the Amended Schedule of Property Condemned attached hereto as exhibit "A" and made part hereof. 4. The address of the Condemner is: : NO, 07-2946 Civil Term EMINENT DOMAIN PROCEEIgTG IN REM -- = ?. G1 __ Tr 0 n' t> 1J Borough of Shiremanstown One Park Lane Camp Hill, PA 17011 5. The Condemner is authorized by the provisions of Section 1501 and 2501 of the Borough Code, Act of Feb. 1, (1966) 1965, P.L. 1656, No. 581, as amended (the "Borough Code") to enter upon and appropriate private property and acquire land in fee simple, or such other estate or interest as it shall determine, in the name of Condemner for municipal and public purposes including, without limitation, the erection or extension of public buildings, public works, the establishing of parks, playgrounds and recreation places, and for all other purposes authorized by the Borough Code. 6. The within condemnation has been authorized by Ordinance ("Ordinance") duly adopted by the Council for the Borough of Shiremanstown on December 11, 2006, Authorizing Acquisition of 201 East Main Street-Rear, Shiremanstown, PA, Parcel #37- 23-0555-158 (the "Property"), in the Borough of Shiremanstown, in Cumberland County, as more particularly set forth and described in the deed dated July 14, 1958 listing Donald D. Schumack and Mary A. Schumack, his wife, as grantees and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, Page 489. The Ordinance and the legal description showing the Property may be inspected in the Office of the Secretary, Borough of Shiremanstown, One Park Lane, Camp Hill, PA 17011. 7. The purpose of the within condemnation is to acquire the Property for one or more of the public and municipal purposes set forth in the Borough Code including, without limitation, the expansion of the existing Borough Hall facility adjoining the Property. 8. An Amended Schedule of the Property Condemned identifying and specifying the location of the Property hereby condemned is attached hereto and made a part hereof as Exhibit "A." t _ 9. Plans showing the Property hereby condemned have been lodged for record in the Recorder's Office of Cumberland County in accordance with section 304 of the Eminent Domain Code in Miscellaneous Book 736, Page 4885 where they may be inspected. Such plans are also available for inspection in the Shiremanstown Borough Hall, One Park Lane, Camp Hill, PA 17011. 10. The nature of the title condemned is Fee Simple. 11. The payment of just compensation in this matter is secured by the Borough of Shiremanstown's power of taxation. WHEREFORE, fee simple title is hereby condemned of the Property identified on the attached Amended Schedule of Property Condemned and as indicated on the plans referenced in paragraph 9 above. Respectldlly submitted, Date: _ J Karl M. Ledebohm, ? olicitor ,for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 7 AMENDED SCHEDULE OF PROPERTY CONDEMNED The property condemned is described as set forth on the plan by Hartman & Associates, Inc., Engineers and Surveyors, dated May 5, 2007 and attached to the Notice of Condemnation recorded in the Cumberland County Recorder of Deeds office on May 17, 2007, at Miscellaneous Book 736, page 4885 and as follows: ALL THAT CERTAIN one and one-half story frame dwelling house and lot of ground, situated near the rear of the U.B. Church, along Strawberry Alley, in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post in_the Northeastern corner of Strawberry Alley and Church Street, extended; thence along the Eastern line of Church Street, extended, North 13 degrees West, one hundred eighteen (118) feet to a stake in the Southern line of a proposed street (Vine Street); thence along said Southern line of the proposed street (Vine Street), North 74 degrees 45 minutes East, one hundred fifty-three (153) feet, to a post; thence along the line of land formerly of Wilson S. Graybill, now or formerly of William Sheaffer, South 14 degrees 15 minutes East, one hundred twenty-five (125) feet to a pipe; thence along the Northern line of Strawberry Alley, aforesaid, South 77 degrees West, one hundred fifty-five (155) feet to a post, at the place of BEGINNING. BEING the same premises which George C. Wolfe, Jr. and Kay L. Wolfe, his wife, by their deed dated July 14, 1958 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book N-18, page 489, granted and conveyed unto Donald D. Schumack and Mary A. Schumack, his wife. The aforesaid Donald D. Schumack died on May 3, 2005 whereby title to the above premises automatically vested in Mary A. Schumack by operation of law. Mary A. Schumack died on or about December, 2006. Letters Testamentary were issued to Mark D. Schumack, as Executor for the estate of Mary A. Schumack, deceased, by the Luzeme County Register of Wills on March 29, 2007 to Luzerne County Register of Wills file number 40-07-0549. Therefore, the Owner of the property interests condemned is Mark D. Schumack, Executor for the estate of Mary A. Schumack, deceased. Exhibit "A" f' Y VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Borough of Shiremanstown Attu 'c?J Janna C. echio, Secretary By: Z"' William Runkle, III, President i? cc E m U N E c 2 E Z. ? ? t U ? ti N 11 8 2 m LL T ch i I ? N CL ¦ Complete items 1, 2, and I. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signatu a Age s X B. Received by (Printed ) ?. pa a o'fF D. Is delivery address different from item No Addressed to' If YES, enter delivery address below. ? e L L Maft ? Express Mail Receipt for Merchandise etum Tad Mail ? C.O.D. 4z r(; 0 Delivery? (Extra Fee) O Yes 2. Article Number -_ - _ - -_ -1007.07111 0003 2576 5-235 (transfer from service label) Domestic Return Receipt 595A2-M-1540 PS Form 3811, February. 2004 EXHIBIT "B" 1. micie Ph rxlf 00 C. a ? G??? en ??- _," o?- A ??' f Cans ? 1z cc rtl fU cn ,.D f`- U1 rU M 1-3 C3 0 o; a O Q O l- rq rL1 rI Ln r tst rU m o ? Q a a 17- U C3 N d E O 12 O r`- 0 N N N E O LL N a c r'.31 o N Yom.^?..' ?»? ra m 70 =,j Ln ?L7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIREMANSTOWN BOROUGH OF VS SCHUMACK MARK D ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING SCHUMACK MARK D CONDEMNEE the , at 1915:00 HOURS, on the 21st day of May , 2007 at 201 EAST MAIN STREET SHIREMANSTOWN, PA 17011 POSTED PROPERTY AT 201 EAST was served upon by handing to MAIN STREET SHIREMANSTOWN a true and attested copy of DECLARATION OF TAKING NOTICE OF CONDEMNATION -CONDEMNEE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Posting 6.00 Surcharge 10.00 .00 46 .48 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/11/2007 KARL LEDEBOHM By: Dep y Sheriff A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIREMANSTOWN BOROUGH OF VS SCHUMACK MARK D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named CONDEMNEE to wit: SCHUMACK MARK D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CARBON County, Pennsylvania, to serve the within DECLARATION OF TAKING NOTICE OF CONDEMNATION - CONDEMNEE On June 11th 2007 , this office was in receipt of the attached return from CARBON Sheriff's Costs: So a Docketing 6.00 Out of County 9.00 Surcharge 10.00 rL R. T omas Kline Dep Carbon County 60.00 iff of Cumberland County Postage .58 85.58 J01 ? 06/11/2007 KARL LEDEBOHM Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIREMANSTOWN BOROUGH OF VS SCHUMACK MARK D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named CONDEMNEE to wit: SCHUMACK LISA A but was unable to locate Her deputized the sheriff of LUZERNE County, Pennsylvania, to serve the within DECLARATION OF TAKING NOTICE OF CONDEMNATION - CONDEMNEE On June 11th 2007 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne County Postage 6.00 9.00 10.00 70.00 9 7 . 2 4 ? t,, l9? 06/11/2007 KARL LEDEBOHM Sworn and subscribe to before me this day of in his bailiwick. He therefore So omas Kline 7 iff of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIREMANSTOWN BOROUGH OF VS SCHUMACK MARK D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named CONDEMNEE to wit: SCHUMACK DONITA but was unable to locate Her deputized the sheriff of LUZERNE in his bailiwick. He therefore serve the within DECLARATION OF TAKTNC, County, Pennsylvania, to NOTICE OF CONDEMNATION - CONDEMNEE On June 11th 2007 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 ? t,1( 06/11/2007 KARL LEDEBOHM Sworn and subscribe to before me this day of A. D. So ap4swe Yffomas Kline riff of Cumberland County f 4- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIREMANSTOWN BOROUGH OF VS SCHUMACK MARK D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named CONDEMNEE to wit: SCHUMACK MARY A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LUZERNE County, Pennsylvania, to serve the within DECLARATION OF TAKING NOTICE OF CONDEMNATION - CONDEMNEE On June 11th 2007 this office was in receipt of the attached return from LUZERNE Sheriff's Costs: So a e Docketing 6.00 Out of County .00 Surcharge 10.00 R. T omas Kline .00? e iff of Cumberland County .00 16.00 ?G,I°??b? 06/11/2007 KARL LEDEBOHM Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania In RE: Condemnation by the Borough of Shiremanstown etc vs. Mark D. Schumumack et al SERVE: Mark D. Schumack No. 07-2946 citil Now, May 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Carbon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S OFFICE - RETURN OF SERVICE - (570)325-2821/4231 --------•------------------------------------------------------------------------ PLAINTIFF: BOROUGH OF SHIREMANSTOWN DEFENDANT: MARK D SCHUMACK CASE ID: 07SO114 EXPIRATION DATE: 06/16/07 DEPOSIT: 60.00 WRIT: CIVIL COMPLAINT SERVE: MARK D SCHUMACK AT: 46 FAWN GROVE DRIVE ALBRIGHTSVILLE PA 18210 -------------------------------------------------------------------------------- 1. NAME OF INDIVIDUAL SERVED: MARK D SCHUMACK 2. LOCATION OF SERVICE: 46 FAWN GROVE DRIVE MUNICIPALITY: ALBRIGHTSVILLE PA 18210 Carbon County, Pennsylvania 3. BY: EH DATE: 05/24/07 TIME: 1:57 PM 4. SERVED IN THE FOLLOWING MANNER: (X) Defendant personally served. ( ) Adult family member with whom defendant resides. Relationship is ( ) Adult in charge of defendants residence. ( ) Manger/Clerk of place of lodging in which defendant resides. ( ) Agent or person in charge of defendants usual place of business. ( ) and officer of defendant company. ( ) Posted property. ( )Other: ( ) Not found reason: 5. UNABLE TO LOCATE: ( ) Date checked with post office for information: New address is: ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN ADDRESS: 1. Date,Time: 2. Date,Time: 3. Date,Time: 4. Date,Time: 5. Date,Time: 6. Date,Time: 7. Date,Time: 8. Date,Time: 9. Date,Time: 4; SO ANSWERS: Deputy 8hjFi ACCEPTANCE OF SERVICE I accept service of the CIVIL COMPLAINT on behalf of MARK D SCHUMACK and certify that I am authorized to do so. (Defendant or Authorized Agent) (Mailing Address) SWORN AND SUBSCRIBED BEFORE ME THIS: On this 24th day of May, 2007f 1 Sh ff of Carbon County In The Court of Common Pleas of Cumberland County, Pennsylvania Iri RE: Condemnation by the Borough of Shirsnanstown etc vs. Mark D. Schumack et al SERVE: Beaita- Schumack L?5a A. No. 07-2946 cAil Now, May 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzernne . County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 at a' 44b- o'clock M. served the within upon tt.? A at LA 4:? V1 1 6 Lel-? by handing to Jam"` a copy of the original and made known to AA-r- the contents thereof. So answers, "4"? ienff of County, PA COSTS Sworn and subs me this / of SERVICE 20o7 MILEAGE AFFIDAVIT COMMONWEAL rt OF FtNNSYLVANIA Notarial Seal Ryan A. Foy, Notary Pubic City Of WWM Barre, Lmme Courtly My Cwwds6m E)ires Dec. 30, 2008 Mernbw, Pennsylvania Association of Notaries ?p. 0 0 ,F /S 40 In The Court of Common Pleas of Cumberland County, Pennsylvania In RE: Condemnation by the Borough of Shiremanstown etc vs. Mark D. Schumack et al SERVE: -A, Schumack b0n i{0. No . 07-2946 ciiEil Now, May 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzexne . County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. INII%? Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, m., aW- , 20 o7 , at o?: b o'clock M. served the within .c Sheriff of Cumberland County, PA -L upon at %jW by handing to a copy of the original and made known to Sworn and subscribed before me this LA' dar>F Q?a•.-? So answers, A 11 n , the contents thereof. She f County, PA COSTS SERVICE 20 t.0 MILEAGE , AEEMAVIT Nntarlal SW Ryan A Fay, Notary Rdic CRY Of WIM ea", L=M CCU* My r Member, PennOm "Ie !k"- latron of Notaries fan The Court of Common Pleas of Cumberland County, Pennsylvania In RE: Condemnation by the Borough of Shiremanstown etc vs. Mark D. Schumack et al SERVE: L4,sa-A. Schumack No. 07-2946 citil Mary A . Now, May 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne . County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 10 1?0--OA . Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 07 , at o'clock M. served the J within upon r, at by handing to a copy of the original and made known to S:!? the contents thereof. So answers, She ' County, PA Sworn and subscribed before me this lp:k _d&_,r,6fo.Y , 20 a-7 COSTS SERVICE. MILEAGE 11-IMM INWEwi_l'n jF NoWW see y 6 - - . Ba,1'40 ry ruble W&W Luzetne Cou MY Cotnmission Expires Dec, 30, 2006 Member, Penns.0 nia Asrooiatlon of Notaries c .-.? ? e+L??-cam IAI :?- a- TO-1 -".r ')%? -70.0 -1 )S'oo Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM BOROUGH OF SHIREMANSTOWN PETITIONER MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT RESPONDENT IN FULL SATISFACTION OF ANY AND ALL OBLIGATIONS OF THE BOROUGH OF SHRREMANSTOWN UNDER THE: EMINENT DOMAIN CODE. 26 Pa. C.S.A. Section 101, g M 1 AND NOW comes the Borough of Shiremanstown by and through its Solicitor, Karl M. Ledebohm, Esq., and files this Petition to Show Cause Why the Borough of Shiremanstown Should Not Make Distribution of Just Compensation to Respondent in Full Satisfaction of Any and All Obligations of The Borough of Shiremanstown under the Eminent Domain Code, 26 Pa. C.S.A. Section 101, et. seq., and sets forth in support thereof the following: 1. The Borough of Shiremanstown ("Condemnor") originally filed the Declaration of Taking to the above captioned matter on May 17, 2007, as to the property situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania known and numbered as 201 East Main Street - Rear, Shiremanstown, PA 17011 (the "Property"). 2. Condemnor subsequently filed an Amended Declaration of Taking to the above captioned matter on June 6, 2007. 3. Respondent is Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased, ("Respondent") having a last known address of P.O. Box 731, Albrightsville, PA 18210. 4. Mary A. Schumack was the title holder of the Property as of the date of the Declaration of Taking and the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 2 5. Mary A. Schumack died on or about December 26, 2007 and Letters Testamentary were issued to Respondent by the Register of Wills for Luzern County, Pennsylvania on or about March 29, 2007. 6. For the above reasons, Respondent is the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 7. By letter dated July 20, 2007 and addressed to Respondent and Respondent's legal counsel, Condemnor delivered to Respondent a written offer of payment to pay to Respondent just compensation as estimated by Condemnor as set forth at 26 Pa. C.S.A. Section 307(A)(1) of the Eminent Domain Code. A copy of Condemnor's written offer of payment letter is attached hereto and made part hereof by reference as exhibit "A." 8. As of the date hereof, Respondent has refused and continues to refuse to accept Condemnor's written offer of payment. 9. Condemnor believes and therefore avers that the value of the Property as of the date of the Declaration of Taking to be in the amount of $70,000.00. 10. Condemnor believes and therefore avers that the amount of just compensation to which Respondent is entitled under the Eminent Domain Code to be in the amount of $70,000.00 as set forth on the "Schedule of Distribution" attached hereto as exhibit "B" and made part hereof. 11. Condemnor believes and therefore avers that distribution should be made as set forth on the attached "Schedule of Distribution" in full satisfaction of Condemnor's obligations under the Eminent Domain Code as provided at 26 Pa. C.S.A. 522(A)(1). 3 WHEREFORE, the Borough of Shiremanstown respectfully requests that this Court enter an order directing the Borough of Shiremanstown to make distribution to the Estate of Mary A. Schumack, deceased in the amount of $70,000.00 as set forth in the Schedule of Distribution attached hereto as exhibit "B" and made part hereof or as the Court may direct in full satisfaction of any and all obligations of the Borough of Shiremanstown under the Eminent Domain Code. Respe ly sub) mitte PV Date: 1-4-2000 zl M"-I Kar . L ebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 4 KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Of Counsel: Richard P. Mislitsky, Esq.* July 20, 2007 (Via Certified and regular mail) Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 RE: In Re: Condemnation by the Borough of Shiremanstown, all that certain real estate known as 201 East Main Street - Rear, Shiremanstown, PA, Parcel No.: 37- 23-0555-158 filed to Cumberland County docket No.: 07-2946 Condemnee: The Estate of Mary A. Schumack, deceased. Dear Mr. Fagan: Dear Mr. Schumack: This letter constitutes the "written offer of payment" set forth at 26 Pa. C.S.A. Section 307(A)(1) of the Eminent Domain Code (the "Code"). The Council (the "Council") for the Borough of Shiremanstown (the "Borough") has instructed me to offer payment to the Estate of Mary A. Schumack, deceased (the "Estate") as the current owner of the above referenced property (the "Property"), in full satisfaction of any and all claims for damages under the Eminent Domain Code or otherwise in connection with the Property and the above referenced condemnation, in the amount of $70,000.00 less any and all liens for any and all taxes and municipal claims against the Property including, without limitation, any amounts due to the Pennsylvania Department of Revenue for inheritance tax or otherwise in connection with the Property or the Estate in accordance with section 521(A) of the Code. Payment to the Estate of the amounts set forth above is conditioned upon the execution and delivery to the Borough by the Estate of Mary A. Schumack, deceased, of a full settlement and release agreement (the "Release Agreement") in form and content acceptable to the Borough of Shiremanstown by which the Estate shall remise, release * Also practices independently as Rig EXHIBIT "A" and forever discharge the Borough of and from any claims, causes of action or damages including, without limitation, any damages reserved to the Estate as condemnee or otherwise under the Eminent Domain Code and the receipt by the Borough of a clearance certificate from the Inheritance Tax Bureau of the Pennsylvania Department of Revenue indicating that any and all inheritance taxes have been paid and the Property released from the lien of same. Please contact me in the event the Estate is in agreement with the above payment and terms. I will then provide the Release Agreement for signature. We may then arrange for exchange of the signed Release Agreement and payment. I look forward to hearing from you concerning your client's intentions in the immediate future. Verryytru yours, /Karl M. Ledebohm CC: William Runkle, III, President of Borough Council c/o Janna Colechio, Borough Secretary KML:ll ial 1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X ? Agent I r O Addressee Receiv by (Printed Name) C. D to of Delivery • I e v ry Z, Z, D. Is delivery address different from Item 1? O Yes It YES, enter delivery address below: ID No 3. Service Type "difled Mail 0 Express Mail 0 Registered datum Receipt for Merchandise 17 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Padre Fee) 0 Yes 2. art (lians nsfei from rom service labs!) 7007 0710 0004 4736 2336 PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 ¦ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: C?n.y?r•???,11,r,? t) >ftrT \SVO( A. Signatu X r Al; V;;??c A( B. Refpived by (PHntVNasrte) C. Dad of D. Is delivery address different from item 1? r u YO If YES, enter delivery address below: 13 No 3. Service Type certffw Ma(I 0 Express Mail Registered Azatum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 0710 0003 2576 5365 (TYansler from service lahe;) PS Form 3811, February 2004 Domestic Return Receipt y 102595.02-M-1540 CERTIFIED MAIL R?-CEIFT Via CERTIFIED i RECEIPT .0 Lni m ' ,, CoverageProvidedi ?? m For delivery information visit our weO, N For delivery information visit our website at www.usps.com AL IUE n m to. 4 (1070 It $0.41 tom- Postage $ U7 Postage $ ' ° ,, n E ,r' 1 \ ru (3.? r J = cenmad Fee $2.65 1?'? 35 Certified Fee a 3?/ f \ \ ?" rr1 ?(t /p?fm R eturn Receipt Fee $2.15 q Return Receipt Fee HerD (EdoraerneM Required) C3 (Endorsement Required) O ( J C3 j (}7 K, RestrictedDelivery.Fee $(}. t \\[?? 200 p (EndoraemeMRequlred) 4?•I)I) ?t ???? f (Endorsement Reqwred) 45.21 I?1 f?! ??.r) 0 Total Postage & Fees $ $5.21 nz {??t `•` !? r- otal Postage & Fees $ Sent o . 11 r P- C3 street t.i3o., ?(?l) r_o_l??.t?... d^ 2 ° .............. C3 C] ? or PO Box No. C3 0treet. mot. Na.; .... 0 3 i . .. .......................... arPO Bo x No. .....k-° ----- t q ........ City, St y, St •--•-•-- - ._. ------°-------°_ --- -° ----°--° ate, ZfP+4 City, Ste e, ZlP+4 VPI- SCHEDULE OF DISTRIBUTION Estimated value of the Property: $70,000.00 Itemized proposed distribution: Just compensation to the Estate of Mary A. Schumack, deceased $70,000.00 Total proposed distribution: $70,000.00 EXHIBIT "B" VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: Borough of Shiremanstown Att i L M Janna echio, Secretary By: William Runkle, III, President ?"' ?.? ? ? ?? ?-° :? ??;> .?:? fT, r' t.i./ ? 3. S C,.r? _T ?". te- ?? r r ? .?..? ... ?...? ? ' i ? w ! i * _ .-i ,Uw 10 2008ll? r Karl M. Ledebohm, Esq., Solicitor for the Borough of Shiremanstown P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this day of c-A'0'SUA j , 2008, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within twenty (20) days of service upon the Respondent; (3) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) notice of the entry of this Order shall be provided to all parties by the Petitioner. Service list: `Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 v- Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 Copy to: ?Karl M. Ledebohm, Esq., Solicitor for the Borough of Shriemanstown P.O. Box 173 New Cumberland, PA 17070-0173 cop Cez m.ta c t?cl_. By the Court: ss n1??fi>til ?? ?? t("`? ?,. i 1 ?,? ?? tl y ? ?.,? ? ;1''l , it IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 16th day of January, 2008, I served a copy of the Petition to Show Cause Why the Borough of Shiremanstown Should Not Make Distribution of Just Compensation to Respondent In Full Satisfaction of Any and All Obligations of the Borough of Shiremanstown Under the Eminent Domain Code and corresponding Order on behalf of the Borough of Shiremanstown upon the following by certified mail, return receipt requested, postage prepaid, addressed as follows: Peter Fagan, Esquire 18 Short Lane, P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 Respectfully submitted, Date: January 16, 2008 i ? ?' J, a P, -, - arl M. Ledebohm, Solicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 c , r--,D 0 Peter J. Fagan, Esquire ID# 16007 P O Box 904 Conyngham, PA 18219 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE:: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : No. 07-2946 Civil Term BOROUGH OF SHIREMANSTOWN Petitioner ESTATE OF MARY A. SCHUMACK DECEASED Respondent EMINENT DOMAIN PROCEEDING IN REM ANSWER TO PETITION Now comes Mark D. Schumack, Executor of the Estate of Mary A. Schumack, Deceased, by and through his attorney, Peter J. Fagan, Esquire, makes answer to the Petition of the Borough of Shiremanstown, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Mary A. Schumack died on December 26, 2006. 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, Respondent avers that Condemnor's written offer of payment is insufficient and does not represent the fair value of the property at issue. 9. Denied. Proof of this averment is demanded since Respondent is without knowledge or information sufficient to believe the truth of the averment. 10. Admitted in part. While it is admitted that the schedule of distribution attached to the Petition does indicate Condemnor's position regarding the value of the property, it is Respondent's contention that such valuation is insufficient and does not represent the value of the property at issue. 11. Denied. On the contrary, distribution should not be made as set forth in the attached schedule of distribution since it is respondent's belief that the value of the property at issue is in excess of $110,000.00 and that Condemnor's offer is insufficient and does not represent the value of the property at issue. WHEREFORE, Respondent respectfully requests that your Honorable Court enter into an Order dismissing the Petition of the Borough of Shiremanstown and schedule this matter for trial or hearing. PETER I FAG #, ESQO[kE Attorney for Respondent P O Box 904 Conyngham, PA 18219 (570)788-1818 ID#16007 VERIFICATION I, MARK D. SCHUMACK, Executor of the Estate of Mary A. Schumack, Deceased, verify that the statements made in the foregoing Answer to Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ARK D. SCHUMACK, Executor Dated: 2008 n h, d r???'` ? ? ?_ ? ? ' n"r ear ?? G ;.. ?K . ? ?F? i. ?? ? ?-? '? „ .. '4 .. , Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM 1 4 AND NOW comes the Borough of Shiremanstown by and through its Solicitor, Karl M. Ledebohm, Esq., and files this Petition to Appoint Viewers under The Eminent Domain Code, 26 Pa. C.S.A. Section 101, et. seq., and sets forth in support thereof the following: 1. Defendant/Petitioner, the Borough of Shiremanstown ("Condemnor"), originally filed the Declaration of Taking to the above captioned matter on May 17, 2007, as to the property situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania known and numbered as 201 East Main Street - Rear, Shiremanstown, PA 17011 (the "Property-). 2. Condemnor subsequently filed an Amended Declaration of Taking as to the Property to the above captioned matter on June 6, 2007. 3. No preliminary objections have been filed by any party as of the date hereof. 4. Plaintiff/Respondent is Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased, ("Respondent") is the Condemnee in this matter having a last known address of P.O. Box 731, Albrightsville, PA 18210. 5. Mary A. Schumack was the title holder of the Property as of the date of the Declaration of Taking and the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et seq. 6. Mary A. Schumack died on or about December 26, 2007 and Letters Testamentary were issued to Respondent by the Register of Wills for Luzerne County, Pennsylvania on or about March 29, 2007. 7. For the above reasons, Respondent is the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 2 8. On January 9, 2008, Condemnor filed a petition (the "Petition") to show cause why the Borough of Shriemanstown should not make distribution of just compensation to Condemnee in full satisfaction of any and all obligations of the Borough, whereupon this Court entered a rule ("Rule") upon Condemnee dated January 14, 2008. 9. Condemnee filed an answer to the Petition and Rule on February 5, 2008 disputing the value of the Property set forth in the Petition. 10. For some or all of the above reasons, Condemnor hereby requests this Court to appoint viewers to ascertain just compensation as provided by 26 Pa. C.S.A. Section 502. WHEREFORE, the Borough of Shiremanstown respectfully requests that this Court appoint viewers to ascertain just compensation in this matter. Date: 3- jO _ Zoo'd for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 3 VERIFICATION I, William Runkle, 111, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ? - i v - Zooql Borough of Shiremanstown Attest. 11A, Janna C hio, Secretary By: William Runkle, III, President Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM BOROUGH OF SHIREMANSTOWN PETITIONERIDEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 1 l th day of March, 2008, I served the foregoing Petition and proposed order filed on behalf of the Borough of Shiremanstown upon the following individuals by first class mail, postage prepaid, addressed as follows: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 submitted, r,arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Solicitor for the Borough of Shiremanstown 2y_ fi t-I C:p Cno Cno Lwt _Y 01 or MAR 14 2008 ?d Karl M. Ledebohm, Esq., Solicitor for the Borough of Shiremanstown P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL 437-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this Igy-I day of , 2008, upon consideration of the Petition to Appoint Viewers Under the Eminent Domain Code, 26 .? - Pa. C.S.A. Section 101, et seq. it is hereby ordered that the following individuals are hereby appointed as Viewers in the above captioned matter: 1. 2. 3. Service list: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 , Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased lJJ P.O. Box 731 - 0?`R Albrightsville, PA 18210 Copy to: Marl M. Ledebohm, Esq., Solicitor for the Borough of Shriemanstown P.O. Box 173 New Cumberland, PA 17070-0173 «'c_ , CO C w IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 20th day of March, 2008, I served a copy of the Order and corresponding Petition to Appoint Viewers Under the Eminent Domain Code, 26 Pa. C.S.A Section 101, et seq., copies of which are attached hereto as Exhibit "A" and made part hereof, filed on behalf of the Borough of Shiremanstown upon the following by certified mail, return receipt requested, postage prepaid, addressed as follows: Peter Fagan, Esquire 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 Date: March 20, 2008 for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MAR 142008 PV Karl M. Ledebohm, Esq., Solicitor for the Borough of Shiremanstown P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RE SPONDENT/PLAINTIFF NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this /? day of 2008, upon consideration of the Petition to Appoint Viewers Under the Eminent Domain Code, 26 EXHIBIT "A" Pa. C.S.A. Section 101, et. seq. it is hereby ordered that the following individuals are hereby appointed as Viewers in the above captioned matter: 1. TiV ,c, 2. 3. By the Court: Service list: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 Copy to: Marl M. Ledebohm, Esq., Solicitor for the Borough of Shriemanstown P.O. Box 173 New Cumberland, PA 17070-0173 'RUE COPY FROM AGOOR D Ted wh vd, ! hest ON Mt MY MN a tn. of W" G" st Wal PL Aou Pk?l Q 7 M -rs Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF PETITION TO APPOINT VIEWERS UNDER THE EMINENT DOMAIN CODE, 26 Pa. C.S.A. Section 101, etseg. AND NOW comes the Borough of Shiremanstown by and through its Solicitor, Karl M. Ledebohm, Esq., and files this Petition to Appoint Viewers under The Eminent Domain Code, 26 Pa. C.S.A. Section 101, et. seq., and sets forth in support thereof the following: 1. Defendant/Petitioner, the Borough of Shiremanstown ("Condemnor'), originally filed the Declaration of Taking to the above captioned matter on May 17, 2007, as to the property situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania known and numbered as 201 East Main Street - Rear, Shiremanstown, PA 17011 (the "Property"). 2. Condemnor subsequently filed an Amended Declaration of Taking as to the Property to the above captioned matter on June 6, 2007. 3. No preliminary objections have been filed by any party as of the date hereof. 4. Plaintiff/Respondent is Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased, ("Respondent") is the Condemnee in this matter having a last known address of P.O. Box 731, Albrightsville, PA 18210. 5. Mary A. Schumack was the title holder of the Property as of the date of the Declaration of Taking and the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 6. Mary A. Schumack died on or about December 26, 2007 and Letters Testamentary were issued to Respondent by the Register of Wills for Luzerne County, Pennsylvania on or about March 29, 2007. 7. For the above reasons, Respondent is the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 2 8. On January 9, 2008, Condemnor filed a petition (the "Petition") to show cause why the Borough of Shiiemanstown should not make distribution of just compensation to Condemnee in full satisfaction of any and all obligations of the Borough, whereupon this Court entered a rule ("Rule") upon Condemnee dated January 14, 2008. 9. Condemnee filed an answer to the Petition and Rule on February 5, 2008 disputing the value of the Property set forth in the Petition. 10. For some or all of the above reasons, Condemnor hereby requests this Court to appoint viewers to ascertain just compensation as provided by 26 Pa. C.S.A. Section 502. WHEREFORE, the Borough of Shiremanstown respectfully requests that this Court appoint viewers to ascertain just compensation in this matter. Date: 3- iO - Zook earl M. Ledebohm, Salicitor for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 3 VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: '3 t l v - ZcX q/ -Attest. ( 6441- Janna C hio, Secretary Borough of Shiremanstown By: William Runkle, III, President Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN : NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING IN REM BOROUGH OF SHIREMANSTOWN PETITI ONER (DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 11th day of March, 2008, I served the foregoing Petition and proposed order filed on behalf of the Borough of Shiremanstown upon the following individuals by first class mail, postage prepaid, addressed as follows: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 submitted, Farl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Solicitor for the Borough of Shiremanstown ra -TI r i - Y IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE : NO. 07-2946 Civil Term BOROUGH OF SHIREMANSTOWN, . ALL THAT CERTAIN REAL ESTATE : KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR SHIREMANSTOWN, PA PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN i - EMINENT DOMAIN PROCEEDING IN REM BOROUGH OF SHIREMANSTOWN PETMONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF REPORT OF CHAIRIVIAN OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On March 10, 2008, Karl M. Ledebohm, Esq., Solicitor of the Borough of Shiremanstown, New Cumberland, Pennsylvania, filed a Petition for the Appointment of Viewers and on March 18, 2008, the Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Gary Sausser as a Board of View to ascertain the just compensation due the Plaintiff for the condemnation of Real Estate known and numbered as 201 East Main Street- Rear, Shiremanstown, PA, Cumberland County, Pennsylvania, being the property of the Estate of Mary A. Schumack, by Mark D. Schumack, Executor, Petitioner, see Exhibit "A" attached. 2. On May 5, 2008 Viewers viewed the premises at 201 East Main Street-Rear, Shiremanstown, PA, in accord with attached Exhibit "B". 3. A Hearing scheduled for August 26, 2008 at the Old Cumberland County Courthouse, Carlisle, PA, was cancelled by Karl M. Ledebohm, Esq., Solicitor of the Borough of Shiremanstown, PA, attached as Exhibit "C". 4. A Settlement, see Exhibit "D" attached, was reached by the parties as per August 21, 2008 letter (sent via facsimile only) by Karl M. Ledebohm, Esq., Solicitor of the Borough of Shiremanstown, PA. 5. A proposed Order attached as Exhibit "E". CONCLUSION As set forth in the History of the Case, the matter for which the Board of View was appointed has been started and discontinued in proper form. Therefore, the Board of View should be vacated and any costs associated with the Views paid in accord with the following assessment of the cost of viewers: BILL OF COSTS William A. Duncan, Esq., Chairman 1 Irvine Row Carlisle, PA 17013 3 Days @ $375 = $ 1,125.00 Certified mail 6 Notices x 5.21 = 31.26 Certified mail 3 Notices x 5.32 = 15.96 Regular mail 4 Notices x .41 = 1.64 Regular mail 4 Notices x .42 - 1.68 Mileage 30 mi. x.50 = 15.00 Total = $ 1,190.54 R. Gary Sausser 1306 Bosler Place Carlisle, PA 17013 1 Day @ $250 = $ 250.00 Mileage 30 mi. x.50 = 15.00 Total = $ 265.00 James Sheya 1 Day @ $250 = $ 250.00 433 Mooreland Avenue Mileage 30 mi. x.50 = 15.00 Carlisle, PA 17013 Total = $ 265.00 Total Cost of Viewers $ 1,720.54 Signatures: r? J zes She R. Gary Sausser William A. Duncan `' ' ",. 9_ AON 9002 i 1 e W %N p c I ?O??Q I I O?Z ?N? S 04'2947" E 124.81' 6 S 14 '15'00 " E 125.0' DEED) 4 h 5 L W W Q Nj U i hp OZ C I ? UW ?h WI ? O ?o `?? im p' W ~ J Q w >c I .? ? U O QNrp ?. I 3 o 0 I ° IZZ O O W? L h ? h ,mil NN O N? ^O? LW a N w N >wc? n? w12(OS?O ,00'8/1 M R , 6.0-611 M „L w ? N J W Qh N? j?? ?phgl coZmcii ?c I ?v U p WIZ 1 Vi , (W?^ Y! I I DW ?J 3y " N N?? o E, m i It! U? .q Ca liJ ?N CA ?' 1 1_41 ' I F 1 w w _z Q ?- 1 cr O VJ N w Q W r 0 N ljoJ?w wdLo:t-LOOZ '4l AoVl bmP'lVldl60L0\6mP\160L0\CPuol\:r :awou avi I v >. (11 W U „moo, iA O h J MAR 14 2008 Karl M. Ledebohm, Esq., Solicitor for the Borough of Shiremanstown P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM ORDER AND NOW, this ! 0-o-day of , 2008, upon consideration of the Petition to Appoint Viewers Under the Eminent Domain Code, 26 • - r i - f Pa. C.S.A. Section 101, et seq. it is hereby ordered that the following individuals are hereby appointed as Viewers ??in11 the above captioned matter: 2. 3. Service list: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased 3 - /P d P.O. Box 731 Albrightsville, PA 18210 Copy to: Karl M. Ledebohm, Esq., Solicitor for the Borough of Shriernanstown P.O. Box 173 New Cumberland, PA 17070-0173 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NO. 07-2946 Civil Term EIvIINENT DOMAIN PROCEEDING IN REM 1 AND NOW comes the Borough of Shiremanstown by and through its Solicitor, Karl M. Ledebohm, Esq., and files this Petition to Appoint Viewers under The Eminent Domain Code, 26 Pa. C.S.A. Section 101, et. seq., and sets forth in support thereof the following: 1. Defendant/Petitioner, the Borough of Shiremanstown ("Condemnor'), originally filed the Declaration of Taking to the above captioned matter on May 17, 2007, as to the property situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania known and numbered as 201 East Main Street - Rear, Shiremanstown, PA 17011 (the "Property"). 2. Condemnor subsequently filed an Amended Declaration of Taking as to the Property to the above captioned matter on June 6, 2007. 3. No preliminary objections have been filed by any party as of the date hereof. 4. Plaintiff/Respondent is Mark D. Schumack, Executor for the Estate of Mary A. Schumack, deceased, ("Respondent") is the Condemnee in this matter having a last known address o€P.O. Box 731, Albrightsville, PA 18210. 5. Mary A. Schumack was the title holder of the Property as of the date of the Declaration of Taking and the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 6. Mary A. Schumack died on or about December 26, 2007 and Letters Testamentary were issued to Respondent by the Register of Wills for Luzerne County, Pennsylvania on or about March 29, 2007. 7. For the above reasons, Respondent is the party entitled to just compensation as set forth in the Eminent Domain Code, 26 Pa. C.S.A. Section 101 et. seq. 2 t _ t It 8. On January 9, 2008, Condemnor filed a petition (the "Petition") to show cause why the Borough of Shriemanstown should not make distribution of just compensation to Condemnee in full satisfaction of any and all obligations of the Borough, whereupon this Court entered a rule ("Rule") upon Condemnee dated January 14, 2008. 9. Condemnee filed an answer to the Petition and Rule on February 5, 2008 disputing the value of the Property set forth in the Petition. 10. For some or all of the above reasons, Condemnor hereby requests this Court to appoint viewers to ascertain just compensation as provided by 26 Pa. C.S.A. Section 502. WHEREFORE, the Borough of Shiremanstown respectfully requests that this Court appoint viewers to ascertain just compensation in this matter. Date: 3- is ° ZO©? for the Borough of Shiremanstown Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 3 . VERIFICATION I, William Runkle, III, President of the Borough Council for the Borough of Shiremanstown, being authorized to do so, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: ?j ? v - 2D0,31 Borough of Shiremanstown Attest. IAC,t.GV" Janna C hio, Secretary By: William Runkle, III, President Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR, SHIREMANSTOWN, PA, PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 11 th day of March, 2008, I served the foregoing Petition and proposed order filed on behalf of the Borough of Shiremanstown upon the following individuals by first class mail, postage prepaid, addressed as follows: Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mark D. Schumack, Executor for The Estate of Mary A. Schumack, deceased P.O. Box 731 Albrightsville, PA 18210 v ! Respectfully submitted, azl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Solicitor for the Borough of Shiremanstown . • - • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR SHIREMANSTOWN, PA PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN NO. 07-2946 Civil Term EMINENT DOMAIN PROCEEDING : IN REM BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NOTICE OF VIEW TO: Peter Fagan, Esq. Executor for Estate of Mary A. Schumack 18 Short Lane Mark D. Schumack, Executor P.O. Box 904 P.O. Box 731 Conyngham, PA 18219 Albrightsville, PA 18210 Karl M. Ledebohm, Esq. Mr. James P. Sheya Solicitor for the Borough of 433 Mooreland Avenue Shiremanstown Carlisle, PA 17013 P.O. Box 173 New Cumberland, PA 17070-0173 Mr. Gary R. Sausser Prothonotary's Office 1306 Bosler Place Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 EXHIBIT "B" • i ? c NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on June 5, 2008, at 9:30 A.M..to view the site. All parties interested may attend at said time and place to accompany the said Viewers. Date: MU 5.2008 By: William A. Duncan, Esquire Chairman, Board of View % IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR SHIREMANSTOWN, PA PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT : NO. 07-2946 Civil Term : EMINENT DOMAIN PROCEEDING : IN REM MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF NOTICE OF HEARING Peter Fagan, Esq. 18 Short Lane P.O. Box 904 Conyngham, PA 18219 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Executor for Estate of Mary A. Schumack Prothonotary's Office Mark D. Schumack, Executor Cumberland County Courthouse P.O. Box 731 One Courthouse Square Albrightsville, PA 18210 Carlisle, PA 17013 Karl M. Ledebohm, Esq. William A. Duncan, Esq. Solicitor for the Borough of Shiremanstown 1 Irvine Row P.O. Box 173 Carlisle, PA 17013 New Cumberland, PA 17070-0173 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 EXHIBIT "C" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on Tuesday, August 26, 2008, at 1:30 P.M. and continue on for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. NOTE: The Old Cumberland County Courthouse is scheduled to be undergoing renovations to the facade so please enter at the rear of the building. Date: tv d#J`4'Df B y: William A. Duncan, Esquire Chairman, Board of View WAD/jda a t: w 0, KARL M. LEDEBOHM ATTORNEY AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6924 Fax: 717-932-0317 Of Counsel- Richard P. Mislitsky, Esq. August 21, 2008 (via fax only: 249-7800) 'William A. Duncan, Esq., Duncan & Hartman, P.C. One rrvi ne Row Carlisle, PA 17013 Re: Board of View hearing scheduled for Anguat 26, 2008 In Re: Coudemnatiou by the Borough, of Sluree3anstown Cumberland County Docket No.: 07-24% D= Mr. Du lacam. Please be advised that the parties to the above matter have reached a settlement by which the Borough will pay to the Estate of Mary A. Schumack, deceased, just compensation in the amount of $85,000.00 pursuant to the terms and conditions of a written settlement agreement to be signed by the parties. For the above reasons, please cancel the hearing scheduled in the above referenced .rnatte:r before the Board of View on August 26, 2008. Please comact me with any questions or should you require any additional inh motion in order to process the above request. Wry v s ?z I g Karl M. Ledebohrn CC: Peter Pagan, Esq, Legal counsel for the Estate of Mary A. Schmnack, deceased CC: William Runkle, III, President of Borough Council KML:H s Also practices inde dy as Richard P. Misl4sky, Esq. EXHIBIT "D" .e9 We ea 1 . P '?l• I I _ M1 /I m ` E{ ?. ? rte. ^^^ I AAA ..?.. m P Gerlgd- rePt, -,. ; C3 Gendi Return Receipt Fee (Endorsement Required) -- Postmark Flare m Return Receipt Fee q (Endorsement Required) Restricted Delivery Fee (F_ixlorsemont Required) _ C3 Restricted Delivery Fee O (Endorsement Required) role) Postage & Fees co -0 Total Postage & Fees rnt 7o - q' qrl ?h?,,; /? (n) y ?Jnn Gl'= ...- or PO Box No.--_ _Y/_../_r:_©.,C• // ! -------. St en To E Y o 0 Street, Apt Al M1 S IL A..??f ? Yh lpt Fee Return." ReteRequired) dor L smoled Delivery Fee iasemem Requkad) AW Postage & Fees $ L 10 BOX Ah ; a . a V L A. PR 2n 20G8 m 0 .v! ZIP G() DE 01 % C3 CarlNfed Fee Postmark m Hare O Return Receipt Fee C3 (EndoreementY Required) C3 Restricted Defivoy Fee C3 (Endoraensrd Requked) co -0 Total Postage & Fees F1.1 r 3 r. / aPr 7au:; - ' PO I r3 or Box No. s0 M1 ?rl W V'V.uw _-r 84 APR28 2008 m W ZIPCODE 1 7013 m n Y 5 inn 1P ' WWARV rl 0233 584 MAY05 2008 rl ILED ROM ZIP CODE 17013 I.. ^ r / Postmark n d Here 3 (EMoPr M RegpWFee ) Delive Fee (EMa ernnt Requ 0 0 Total Postage & Fees U n M1 -, 32 OR& AY05 2008 m MZIPCODE17013 C?s Postmark m RecW Fee Here C3 (ErdorR edent Required) G Rss6kt/d DNNery Fee O (ErtdottNrriertt Regtked) Cc .A Tom) Postage & Fees RJ 113 X31 0 ... .......... M1 orPOSmAb. , ZIP CODE 17 013 13 4 JUN 05 2008 ti ti M1 .J7 u7 W. ' ! _r MAY05 2008 m 1A ZIPCODEI 7013 Posmark Hare JUN 05 2008 ZIP CODE 1 7013 Return Receipt Fes C3 Rekm Receipt Fee Postmark m • I ? D sroerttertt Raqulmd) 7 ` Here r3 (Endwesmxd Requred) Ham O Relum Race4t Fee Pry rk 0 O (Ertdor/srrtem Required) tssenretekedl (Endonamartt dFee r3 ReeMcled DaFrery Fe e (Endoraerrtettt.Requkad) C3 M W Postage & Fees ,$ / p? N TOW Postage Fees /?$ ' f, ?,,J? N Tom) Postage & Fees ,$ v_ IT, Sent 0 o 0-- / 8 ?n '0a o b.sx% 7?a: . ? X -? / 3 --- ---------- O ----- POSMAid C3 hq? .fit /S al 9?,?.LP.. Gv?J .? q', o _ ttB?..aP.,Gon/ N !-1?J? f?Bi9 v-"' - A 2'4:584 JUN 05 2008 t W F OMZIPGODE17013 Postmark Here 2 0 Here D IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE BOROUGH OF SHIREMANSTOWN, ALL THAT CERTAIN REAL ESTATE KNOWN AND NUMBERED AS 201 EAST MAIN STREET-REAR SHIREMANSTOWN, PA PARCEL #37-23-0555-158 IN THE BOROUGH OF SHIREMANSTOWN BOROUGH OF SHIREMANSTOWN PETITIONER/DEFENDANT MARK D. SCHUMACK, EXECUTOR FOR THE ESTATE OF MARY A. SCHUMACK, DECEASED RESPONDENT/PLAINTIFF ORDER OF COURT ? Y NOV, 0 6 2008(, : NO. 07-2946 Civil Term yi EMINENT DOMAIN PROCEEDING IN REM AND NOW, this lo- day of ? zz:,'?aL _'2008, Board of View appointed on March 18, 2008, is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. • ? z lu