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Home My WebLink About07-345241 . In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. of 2007 - 3 ?? ? CGt?-r Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Declaration of Taking The Newville Borough Water and Sewer Authority respectfully submits this Declaration of Taking based on the provisions of Chapter 3, Section 302 of the Eminent Domain Code, 26 Pa C.S.A. § 302, and does respectfully represents that: 1. The Condemnor is the Newville Borough Water and Sewer Authority ("Authority") with an address of the Newville Borough Office, 4 West Street, Newville, PA 17241. 2. The Authority by the provisions of the Pennsylvania Eminent Domain Code, 26 P&C.S.A. §101 et seq. and Section 5607 (d) (15) of the Municipality Authorities Act, 53 P.S. § 5607 (d) (15), has the power of eminent domain to acquire property interests necessary for carrying out the purposes of the Authority. 3. The Authority is authorized by Resolution No. 2007-03 adopted by the Authority Board at its May 14, 2007 regularly scheduled meeting to use its power of eminent domain to condemn such lands that are needed for temporary construction and permanent easements for the construction, operation and maintenance of water and sewer lines that will be installed along S.R. 233 in West Pennsboro Township. A copy of said Resolution is attached hereto and made part hereof as Exhibit "A". Of the Easement Plans attached to the Resolution, only the Easement Plan that is the subject of this Declaration is inched with the attached Resolution. The original of the Resolution may be examined at the office of the Authority. 4. The public purpose of the condemnation is to acquire temporary construction and permanent easements for the construction, operation and maintenance of a water line that will be installed along S.IL 233 in West Pennsboro Township as part of a project extending the Authority's water and sewer mains from Oak Flat Elementary School in West Pennsboro Township to a commercial development in Penn Township. The extension of the water and sewer lines will benefit the residents of Newville Borough, West Pennsboro Township and Penn Township. 5. The easements to be acquired are on the property presently owned by Jonas W. and Alta K. Nolt, husband and wife, and situated in West Pennsboro Township, Cumberland County ("Property"). The deed for the Property is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 35X at Page 784. Sufficient for their identification, the easements to be acquired are shown and described on an Easement Plan prepared by William F. Hill & Asooc., Inc., attached hereto and made part hereof as Exhibit "B". A plan showing the easements to be acquired is also being filed on the same day as this Declaration is filed, in the Office of the Recorder of Deeds for Cumberland County in accordance with 26 Pa. C.S.A. §304 of the Eminent Domain Code and is available therein for inspection. 6. The nature of the interests in the said Property to be acquired are temporary construction and permanent easements for a water line as shown on the Easement Plan attached as Exhibit "B". 7. A plan showing the condemned property and the easements to be acquired may be inspected at the office of the Authority at 4 West Street, Newville, PA. 8. The just compensation for the taking, when determined, shall be paid out of the general funds of the Authority and secured by the bond as set forth as Exhibit "C" attached hereto and made part hereof, for the use of the owners of the property interests condemned. Other security, if required, shall be provided by and in accordance with 26 Pa. C.S.A §303(a). Date: Salzmann Hughes, P.C. (//U"7c 121 2007 z&o,? 6 William W. Thompson, Esq6ire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor NEWVILLE BOROUGH WATER AND SEWER AUTHORITY Resolution No. 2007-03 A RESOLUTION OF THE NEWVELLE BOROUGH WATER AND SEWER AUTHORITY AUTHORIZING ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF WATER AND SEWER LINES, AND/OR THE EXERCISE OF ITS EMINENET DOMAIN POWER PURSUANT TO THE MUNICIPALITY AUTHORITIES ACT Whereas, the Newville Borough Water and Sewer Authority ("Authority") intends to install along S.R. 233 water and sewer lines that will connect the Key Logistics Center Project in Penn Township with existing water and sewer mains near the Oak Flat Elementary School in West Pennsboro Township; and Whereas, for the construction, use, and maintenance of the water and sewer lines, the Authority will need to acquire permanent and temporary construction easements from the owners of the properties along S.R. 233; and Whereas, the Authority is a municipal authority, duly organized and operating under the laws of the Commonwealth of Pennsylvania with the power and authority to take property by eminent domain under the Municipality Authorities Act at 53 P.S. § 5607 (d) (15). Now Therefore, Be It Resolved by the Board of the Authority as follows: 1. The above recitals are incorporated herein by reference thereto. 2. The Board deems it to be in the best interest of its present and future customers and the general public that easements be acquired for the extension of the water and sewer lines along S.R. 233. 3. The Board has determined that the following properties for which the Authority requires easements are to be acquired either by acquisition, or in the alternative, by the Authority's exercise of its power of eminent domain. All of the properties are in West Pennsboro Township and the deeds are recorded in the Office of the Recorder of Deeds for Cumberland County. A. Northeast side of S.R. 233 (Water main and sewer laterals). A plan prepared by William F. Hill & Assoc., Inc., entitled "Easement Plan", showing the permanent and temporary construction easements on each of the below listed properties is attached hereto under Exhibit "A" and is incorporated by reference. 1. Mickey D. Rockey, Jennie L. Rockey, Winifred S. Rockey & Marianne Besaw BK. 00258-PG. 00202 4)6,4,X,y .4 2. Jonas W. Nolt & Alta K. Nolt BK. 035X-PG. 784 3. Mark E. Keeseman, Jr. & Madella M. Keeseman BK. 00350-PG. 00332 4. Richard G. Hippensteel & Janice S. Hippensteel BK. 00240-PG. 00237 5. Mary M. Burchard & Janice S. Hippensteel BK. 00264-PG. 2600 6. Shelby J. Hornbaker & Ruth I. Cover BK. 0028N-PG. 00657 7. Brain K. Magee & Heather R. Magee BK. 00255-PG. 01102 8. Vicki L. Magee BK. 00247- PG. 03077 9. J. Richard Magee & Vicki Lee Magee BK. 00265- PG. 001 10. Kevin G. Lay & Laura A. Lay BK. 00184-PG. 00379 11. Richard G. Hippensteel BK. 00280-PG. 00146 12. Robert P. Webber & Phyllis B. Webber BK. 0026M-PG. 00215 13. Richard L. Webber & Norma J. Webber BK. 0022M-PG. 00784 14. Safet Kostjerevac & Jasmina Kost erevac BK. 00258-PG. 00207 15. Richard G. Mains & Shelva J. Mains BK. 0030S-PG. 00270 16. Daniel R. Mains & Sherri W. Mains BK. 0033X-PG. 643 17. John R. Bubb & Christine B. Bubb BK. 00160-PG. 01042 B. Southwest side of S.R. 233 (Sewer main). A plan prepared by CET Engineering Services, entitled "Easement Plan", showing the permanent and temporary construction easements on each of the below listed properties is attached hereto under Exhibit "B" and is incorporated by reference. 1. Donald W. Heishman & Shirley Heishman BK. 00102-PG. 01098 2. Donald W. Heishman & Shirley Heishman BK. 0021 C- PG. 01140 3. Judy A. Stitt BK. 00192- PG. 00352 4. Wilmer S. Newswanger & Arlene S. Newswanger BK. 0036F-PG. 00012 5. Cathy Jane Rowe Cassell, Derek Steven Cassell, Dexter Leroy Cassell & Daphne Jane Cassell BK. 00250-PG. 02809 6. Charles E. Hutchison & Jean M. Hutchison BK. 273-PG. 2257 7: Richard G. Hippensteel & Janice S. Hippensteel BK. 00235-PG. 00009 8. Gary L. Orris & Brenda L. Fish BK. 00182-PG. 01074 9. Robert F. Hancock & Peggy A. Hancock BK. 00254-PG. 01983 10. Douglas L. Gibb & Catherine M. Gibb BK. 0033N-PG. 00498 11. Leroy E. Day, Jr. & Amy R. Day BK. 0026M-PG. 00135 12. Newville Assembly of God BK. 0032H-PG. 00719 13. Richard G. Hippensteel BK. 00280-PG. 00146 14. Michael J. Hippensteel & Janelle L. Hippensteel BK. 00171-PG. 00992 15. James R. Cooksey and Sheryl D. Cooksey BK. 00266-PG. 2451 16. Deborah C. Kennedy BK. 00167-PG. 01096 17. Richard G. Mains BK. 00106-PG. 00536 18. Richard G. Mains and Shelva J. Mains BK. 00277-PG. 03187 19. Gereth M. Mains & Mary E. Mains BK. 0021Y-PG. 00221 20. Gereth M. Mains & Mary E. Mains BK. 0029U-PG. 00845 4. The plans attached under Exhibits "A and. "B" may be amended for administrative and/or engineering purposes as determined to be necessary to accommodate the extension of the water and sewer lines 5. In the event that the necessary easements listed in Para. 3 are not acquired from the property owners by /rI-oy 22 ! , 2007, or at a later time as may be determined at the sole discretion of the Board, the Board authorizes the filing of the necessary legal documents to acquire the easements by eminent domain in the manner more fully described hereafter. 6. The proper officers of the Board are authorized and directed to execute, attest, acknowledge, and deliver such documents as may be necessary to effect the taking of the easements listed in Para. 3, and to determine upon consultation with its solicitor and such other advisors as may be deemed necessary, the .consideration to be paid and the time and manner of such payments to compensate the owner of said property in accordance with the requirements of law, including the Pennsylvania Eminent Domain Code, and, if possible, to enter into one or more agreements with such owners for delivery of such easements. 7. The proper officers of the Board are authorized and directed to execute and deliver such other documents and to take such other actions as they, in their discretion and upon the advice of their solicitor shall deem necessary, appropriate, or desirable to carry out the intent of this Resolution, including but not limited to the acceptance of easement agreements or other instruments granting to the Authority the needed easements. 8. The provisions of this Resolution shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal or invalid, this shall not affect the validity of any of the remaining provisions of this Resolution. 9. This Resolution shall be effective immediately upon adoption. 10. All other resolutions or parts of resolutions of this Authority which are inconsistent herewith are hereby repealed. DULY ADOPTED, this 14h day of May 2007, by the Board of the Newville Borough Water and Sewer Authority, in lawful session duly assembled, NEWVILLE BOROUGH TER S Z AUTHORITY i? ATTEST: (SEAL) William R. Boldosser, Secretary/Treasurer CERTIFICATION The undersigned hereby certifies that he is the duly appointed Secretary of the Newville Borough Water and Sewer Authority, Cumberland County, Pennsylvania and that the foregoing Resolution was adopted by the Newville Borough Water and Sewer Authority at its regular meeting held on May 14, 2007, which meeting was duly called and at which time a quorum was present and acting throughout, and that said Resolution has not been revoked or amended. Dated: William R. Boldosser, Secretary Exhibit C In re: Condemnation by the Newville : No. ,3952 of 2007 Borough Water and Sewer Authority for Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Newville Borough Water and Sewer Authority Bond To The Commonwealth of Pennsylvania AND NOW, comes the Newville Borough Water and Sewer Authority (hereinafter, the "Authority"), and intending to be bound, hereby pleads, pledges, obligates and bonds to the Commonwealth of Pennsylvania as follows: 1. In accordance with the provisions of the Pennsylvania Eminent Domain Code, 26 Pa.C.S.A. § 101 et seq. and more specifically, §303(a) therein, the Authority is obligated to give security to effect the condemnation by filing with this Declaration of Taking its bond, without surety, to the Commonwealth of Pennsylvania for the use of owner or owners of the property interest condemned. 2. Therefore, the Authority shall pay or cause to be paid to whomsoever may be a party with compensable interest in the property described in the Declaration of Taking, filed at the above case number hereof, as Obligees, their certain attorneys, heirs, devisees or assigns, such amount of damages as each shall be entitled to receive for entering upon and/or taking or appropriating by the Authority of property after such damages shall have been agreed upon by the parties or otherwise assessed in the manner provided by law. The Authority reserves its rights under 26 Pa.C.S.A.§307, to make such payment to the party or into this Court. ATTEST: By: William R Boldosser, Secretary/Tramm NEWVILLE BOROUGH WATER AND SEWER AUTHORITY Roger A. Hoover, being duly sworn according to the law, deposes and says that he is the Chairman of the Authority and makes this Affidavit in its behalf, being familiar with the facts and having the authority so to do; and that all of the statements in the foregoing Bond to the Commonwealth of Pennsylvania are true and correct to his best information, knowledge and belief. Sworn to and subscribed Before me, this 9 44-1 day of Tu, M , 2007. cwq , 0o lic My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seel Jody L Gilbert, Notary Public Nswville Boro, Currbeftid County My Corwr ion EVires Aug. 6.2008 Member, Pennsylvania Association Of Notaries ?1 \ r v W O o ? QS 4 C) N C; __ fTl -Ti In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 35.E 2 of 2007 Borough Water and Sewer Authority for Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania In Rem Proof of Service I hereby certify that on this Wl, day of June, 2007, I served a true and correct copy of the Notice to Condemnees and the Declaration of Taking by handing a copy to Jonas W. Nolt at his residence at 403 Centerville Road, Newville, PA. Sworn to and subscribed Befor me, this day of 2007. Notary Public My Commission Expires: p M ARiZ, NoWy Pelt I?Qomtdssfon?FOw OO1 CO' c? .? -_., o --r? ?= r; , ?_.: Cam"' ?? T ?? , , , ?:J:.• ?'?'? _? ? __ '. ._. . _i . y r7I ?-, ._.': i.. tl ?rj Ewa ? ? % " xJ' .? ? ` ? ?. J \ In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 07-3452 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Memorandum to Prothonotary You are hereby informed that a Notice of Condemnation to the Office of the Recorder of Deeds for the property affected by the Declaration of Taking filed to the above term and number on June 12, 2007, was recAed in the Office of the Recorder of Deeds, of the above county in Book 737, Page 3549. Date: Salzmann Hughes, P.C. William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor r-a 0 ,'t In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Petition of Condemnor for Rule to Show Cause Why Writ of Possession Should Not Issue Petitioner, the Newville Borough Water and Sewer Authority ("Condemnor"), pursuant to §307(a) of the Pennsylvania Eminent Domain Code, 26 Pa.C.S.A. §307 (a), represents: 1. A Declaration of Taking was filed on June 12, 2007, at the above named court term and number. 2. The Declaration of Taking was for temporary construction and permanent easements on property owned by Jonas W. and Alta K. Nolt, ("Condemnees"), located along S.R. 233, in West Pennsboro Township, Cumberland County and recorded in the Office of the Recorder of Deeds for Cumberland County at Deed Book 35X at Page 784. 3. The address of the Condemnees' property is 403 Centerville Road, Newville, PA 17241. 4. On July 19, 2007, Condemnees received by mail from Condemnor a written offer to pay Condemnor's estimate of just compensation for the easements on Condemnees' property in the amount of $863.00. A copy of the offer is attached as Exhibit "A". 5. Condemnor's written offer requests that the Condemnees respond within one week of the receipt of the offer. 6. As of the date of this filing, Condemnees have not responded to Condemnor's written offer. 7. Because Condemnees have not responded to Condemnor's written offer, Condemnor requests that the $863.00 be paid to the court for the use and benefit of the Condemnees. 8. Condemnor is entitled to the easements, conditioned upon payment into court of Condemnor's estimate of just compensation in the amount of $863.00 for the use and benefit of Condemnees. 9. As provided for by Section 307(a), a rule to show cause why a writ of possession should not issue for the easements is returnable within five days after service upon the Condemnees. 10. Condemnees do not consent to this Petition. 11. At Docket No. 07-3492, the Honorable M.L. Ebert, Jr., issued on August 15, 2007 an Order of Court in a similar matter where this Condemnor also petitioned for a writ of possession for temporary construction and permanent easements along S.R. 233 in West Pennsboro Township but from a different landowner. Wherefore, Condemnor, the Newville Borough Water and Sewer Authority requests that a rule be issued on Jonas W. and Alta K. Nolt, Condemnees, to show cause why a writ of possession shall not issue conditioned upon payment into the court of $863.00 for the use and benefit of Condemnees. Date: Avg vd t 2?, 2v o7 Salzmann Hughes, P.C. William W. Thompson, ixsquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor S ALZMANN HUGHES, P.C. Attorneys & Counselors at Law G. BRYAN SALZMANN, ESQ. JAMES D. HUGHES, ESQ. 354 Alexander Spring Road • Suite 1 • Carlisle, PA 17015 • (717) 249-6333 • Fax: (717) 249-7334 ADAM R. SCHELLHASE, ESQ. 455 Phoenix Drive • Suite A • Chambersburg, PA 17201 • (717) 263-2121 • Fax: (717) 263-0663 JAY W. WALDMAN, ESQ. 3 Park Plaza • Wyomissing, PA 1%10 • (610) 898-8500 • Fax: (610) 8984050 DONALD E. L EFEVER, ESQ. 105 N. Front Street • Suite 401 • Harrisburg, PA 17101 • (717) 232-9420 • Fax: (717) 232-1970 ANN F. DEPAULIS, ESQ. PATRICIA R. BROWN, ESQ. Paralegals WILLIAM W. THOMPSON, ESQ. PAMELA R. BOLLINGER MELISSA K DIVELY, ESQ. KAM S. CORNMAN E. RALPH GODFREY, ESQ. JACQUELINE L. DRAWBAUGH REBECCA R. HUGHES, ESQ. STEPHANIE A. LINDSAY SUSANN B. MORRISON, ESQ. EMILY C. MYERS LAURA REBECCA ABLES, ESQ." Please reply to: SHARLENE A KOYSTE DONNA L. GODFREY, ESQ. CARLISLE OFFICE KAREN E. SHUKER DAVID H. MARTINEAU, ESQ. RACHEL SALVADOR SCOTT B. GRANGER, ESQ. KURT E. WILLIAMS. ESQ. SAMUEL E. WISER JR., ESQ. -Also Admitted to Georgia Bar July 17,,2007 VIA CERTIFIED MAIL-RETURNRECELPT Jonas W. and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Dear Mr. and Mrs. Nolt: The Newville Borough Water and Sewer Authority pursuant to the Pennsylvania Eminent Domain Code at 26 Pa.C.S.A. 307(a) offers to pay you as condemnees $863.00 as estimated just compensation for the temporary construction and permanent easements on your property at 403 Centerville Road, Newville, PA. The easements are shown on the attached Easement Plan. If you accept this offer, please notify Mr. Fred Potzer, Newville Borough Manager, telephone 776- 7633, of your acceptance within one week of receipt of this letter. Upon being notified, Mr. Potzer will issue you a check for $863.00. As provided for by Sect. 307 of the Eminent Domain Code, your acceptance of this offer does not prejudice your right to receive additional payment upon a final determination of just compensation by the court. Very truly yours, SALZMANN HUGHES, P.C. William W. Thompson, Esquire CC: Fred Potzer, NWSA WWT/sms CONCENTRATING IN ENVIImONmENTAL, LAND USE, CORPORATE, REAL FSTATE, MUMCIPAL, BANKING, SECURITIES, ESTATE PLANNING AND ADMINISTRATION LAW r? 4 )CA, wo ? Y Y Y?? N z0 W W W ? 00 W pg WZ O w? W g w p d w CL All O ? C J a pt Z O 02 ° N ? O µq1 a ??a 3 m y ` U' W O a' LOL 8 < CL W W . Vf ; Og 0Ln e? WZ 0 wmz 19' p V1 F ' W Oil OliC4 u: to C4 ri Ng M16 e ?pp UU z W U o? I,. 16 O gg Cal a3 n n ?+ ? ?A D? c fs. ? ? L!') cn CL- cn O m Certificate of Service T 'Lf I hereby certify that on the ay of August 2007, I served a true and correct coy of the Petition of Condemnor for Rule to Show Cause Why Writ of Possession Should Not Issue, by first class mail on the following: Jonas and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Date: Salzmann Hughes, P.C. & '-- William W. Thompson, M quire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor Certificate of Service T1 I hereby certify that on the -' lay of August 2007, I served a true and correct coy of the Petition of Condemnor for Rule to Show Cause Why Writ of Possession Should Not Issue, by first class mail on the following: Jonas and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Date: Salzmann Hughes, P.C. ze'?- ? ; - 71"t William W. Thompson, E quire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor ?a r= ? t? - _t{ ?,. ;?; Ga ?? _ ti ? ; ? . . --r? i"4'! ?t? r-- - _ - . ,. .... ? 3 _,?ca' ?.? r °?t Tai IN RE: CONDEMNATION BY THE NEWVILLE BOROUGH WATER AND SEWER AUTHORITY FOR UTILITY EASEMENTS ALONG S.R. 233 IN WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3452 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this 4`h day of September, 2007, upon consideration of the Petition of Condemnor, Newville Borough Water and Sewer Authority, for Rule to Show Cause Why a Writ of Possession Should Not Issue, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Condemnees, Jonas W. and Alta K. Nolt, to show cause why a Writ of Possession shall not issue for the temporary construction and permanent easements conditioned upon payment into the Court of $863.00 for the use of the Condemnees; 2. Condemnees will file an answer within 10 days of this date; 3. The Prothonotary is directed to forward said Answer to this Court. 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested shall be granted upon the Court's receipt of a Motion requesting Rule be Made Absolute. 5. Petitioner shall serve this order on the Condemnees at their address at 403 Centerville Road, Newville, PA 17241. By the Court, III\ %),- M. L. Ebert, Jr., J. aS :01 WV S- ddS LODZ A'ti?l(? i ' w i 3HI ?O William W. Thompson, Esquire Attorney for Condemnor Jonas W. and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Condemnees In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Penusboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Condemnor's Motion for Rule to be Made Absolute for Writ of Possession And Now, the Newville Borough Water and Sewer Authority ("Condemnor") moves for a writ of possession for the easements on the property of Condemnees, Jonas W. and Alta K. Nolt, and in support thereof states the following: 1. In response to the Petition of Condemnor for Rule to Show Cause Why Writ of Possession Should Not Issue ("Petition") filed August 31, 2007, an Order of Court was issued September 4, 2007 by the Honorable M.L. Ebert, Jr. 2. Under the Order, Condemnees were required to file an answer within ten days of the date of the Order. 3. As of the date of this filing, Condemnees, Jonas W. and Alta K. Nolt, have not filed an answer to the Order and over ten days have lapsed since the Order was issued. 4. Under the Order, if no answer is filed by the required date, the relief requested shall be granted upon the filing of a motion requesting the rule be made absolute. 5. In the Petition, Condemnor requested upon Condemnor's payment into the court of $863.00, a writ of possession for the temporary construction and permanent easements on Condemnee's property as shown on the attached Easement Plan. 6. Condemnees have continually refused Condemnor's offer of payment of Condemnor's estimate of just compensation ("EJC") for the easements in the amount of $863.00. 7. The Eminent Domain Code at 26 Pa.C.S.A. §307(a) (1) (iv) provides that the EJC may be paid into court. 8. With the issuance of the writ of possession, Condemnor respectfully requests the court's instructions on paying into court the $863.00 for the benefit and use of the Condemnees. Wherefore, Condemnor respectfully requests that a Writ of Possession be issued for the temporary construction and permanent easements on the property of Jonas W. and Alta K. Nolt upon Condemnor's payment into this Honorable Court of $863.00 for the benefit and use of the Condemnees. Date: Salzmann Hughes, P.C. William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor ? O r r O V t°° w a w ?4 At I m IPRI H? r V Y9 Val so. 11 ik Wit A IT,% t cl r C3 Hi I 1 , - r Certificate of Service Ta I hereby certify that on the ZG day of September 2007, I served a true and correct copy of Condemnor's Motion for Rule to be Made Absolute for Writ of Possession by first class mail on the following: Jonas W. and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Date: 2007 Salzmann Hughes, P.C. William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor ? 4 ????' ? ?, w v .?, ? wy r SEP g 4M ){ C In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Writ of Possession And Now, this ?tj aogv e S i.?y/2007, on consideration of the Motion of Condemnor Newville Borough Water and Sewer Authority for Rule to be Made Absolute for Writ of Possession, it is hereby ordered that the rule is made absolute and a writ of possession shall issue to the Condemnor for the temporary construction and permanent easements on the property owned by Condemnees, Jonas W. and Alta K. Nolt, and located at 403 Centerville Road, West Pennsboro Township, Newville, Pennsylvania, and recorded in the Office of the Recorder of Deeds for Cumberland County at Deed Book 35X at Page 784, upon Condemnor's payment of $863.00 to the Condemnees or into court for the use and benefit of the Condemnees. It is also ordered that Condemnor shall serve this Writ of Possession on the Condemnees, Jonas W. and Alta K. Noll at their address at 403 Centerville Road, Newville, PA 17241. By the Court: Z4 .g 4?? SZ d3S LOU h dlt 30i 40-0916 30 u ?01E2ocoJ?I'? twv,k wvl La Co1?1`V 1 ? ??G. [,c)QSf dente Sk?o? Pro-"h ono -'o, r ? A-f-?n , Cur+i 5 R, !.-. ? , N -- -- I WILL ND-r ACCEpT yoUk) C)FF' R FRCM E GC-)I?C WEE, /) UTHO R, ITY FOR T-E PO P 0 Y C C) f V "S )''T P, U C. - T) C'f J A#b PER ?, ,?. A ? E N T E RAE Wi E L i ,? 0 /t1l -FH 1 S PR oP&--/; T Y V.),'ILL NOT -A,CCEPT YoUp o FE)? TO PUT T H 1,3 f 2 7. FRO M TN E M'-'W U s LE W ATE P _)EWER, AUTf ORiTY INTO AN E SCF?oW ACCOUNT gELJD By Tn C CoU P\T of: Com?ma ,' PLC 5 cf CUM cry Lhf15i C00 IN TY 3,. :1 W 1 L_% NbT ACCEPT ANY FE-t? CHIP Q GES CQ- JNTP1QL-:,5T FEES Fp-,b M AN( C-:,5c R6 W? P C.C.? W-V k T R ? RLk CovMTY 0Q pp-,,001 a lvYnN E H A E IBC~?- To 6,?, T Tli IS WATER + SEW E L PNE tr?ST LL/Y?- I a ELATE 1 AJG- TH )?S P RoPEPTy FoR TH E S l NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 X awt - vim- ,Pod to PYS51?7_ Cumberland County Prothonotary 's Office Page 1 Civil Case Print 2007-03452 NEWVILLE BOROUGH WATER AND SEW (vs) Reference No... Filed......... 6/12/2007 Case Ty e.....: DECLARATION OF TAKING J d ? 00 Time.........: E ti D t 9:24 0/00/0000 u gmen ...... : . xecu on a e Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: *************************************************** ****************** *********** General Index Attorney Info NEWVILLE BOROUGH WATER AND CONDEMNOR THOMPSON WILLIAM W SEWER AUTHORITY WEST PENNSBORO ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/12/2007 DECLARATION OF TAKING - NEWVILLE BOROUGH WATER AND SEWER AUTHORITY FOR UTILITY EASEMENTS ALONG S R 33 IN WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA FILED BY WILLIAM W THOMPSON ESQ FOR CONDEMNOR ------------------------------------------------------------------- 6/19/2007 PROOF OF SERVICE - NOTICE TO CONDEMNEES AND THE DECLARATION OF TAKING - BY WILLIAM F HILL PE ------------------------------------------------------------------- 6/20/2007 MEMORANDUM TO PROTHONATARY - BY WILLIAM W THOMPSON ATTY FOR CONDEMNOR ------------------------------------------------------------------- 8/31/2007 PETITION OF CONDEMNOR FOR RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE - BY WILLIAM W THOMPSON ATTY FOR CONDEMNOR -------------------------------------------------------------------- 9/05/2007 ORDER OF COURT - DATED 9/4/07 - IN RE PETITION OF CONDEMNOR FOR RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE - RULE IS ISSUED UPON THE CONDENMEES JONAS W AND ALTA K NOLT TO SHOW CAUSE WHY A WRIT OF POSSESSION SHALL NOT ISSUE FOR THE TEMPORARY CONSTRUCTION AND PERMANENT EASEMENTS CONDITIONED UPON PAYMENT INTO THE COURT OF $863.00 FOR THE USE OF THE CONDEMNEES - CONDEMNEES WILL FILE AN ANSWER WITHIN 10 DAYS OF THIS DATE - PROTHONOTARY IS DIRECTED TO FORWARD SAID ANSWER TO THIS COURT - IF NOT ANSWER TO THE RULE TO SHOW CAUSE IS FILED BY THE REQUIRED DATE THE RELIEF REQUESTED SHALL BE GRANTED UPON THE COURT'S RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE - PETITIONER SHALL SERVE THIS ORDER ON THE CONDENNEES - BY M L EBERT JR J - COPIES MAILED 9/5/07 -------------------------------------------------------------------- 9/21/2007 CONDEMNOR'S MOTION FOR RULE TO BE MADE ABSOLUTE FOR WRIT OF POSSESSION - BY WILLIAM W THOMPSON ESQ -------------------------------------------------------------------- 9/25/2007 WRIT OF POSSESSION - DATED 9/24/07 - RULE IS MADE ABSOLUTE - BY M L EBERT JR J - COPIES MAILED J9?'25/?7 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***P*ymts/Ad End Bal *********************************** ****** ******************************* DECLAR/TAKING 55.00 55.00 .00 TAX ON DECLAR .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ------------------------ ------------ 78.50 78.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** ` C M any rN 7 cuj oo r n c- In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Condemnor's Motion for Rule to be Made Absolute for Writ of Possession And Now, the Newville Borough Water and Sewer Authority ("Condemnor") moves for a writ of possession for the easements on the property of Condemnees, Jonas W. and Alta K. Nolt, and in support thereof states the following: 1. In response to the Petition of Condemnor for Rule to Show Cauge Why Writ of Possession Should Not Issue ("Petition") filed August 31, 2007, an Order of Court was issued September 4, 2007 by the Honorable M.L. Ebert, Jr. 2. Under the Order, Condemnees were required to file an answer within ten days of the date of the Order. 3. As of the date of this filing, Condemnees, Jonas W. and Alta K. Nolt, have not filed an answer to the Order and over ten days have lapsed since the Order was issued. 4. Under the Order, if no answer is filed by the required date, the relief requested shall be granted upon the filing of a motion requesting the rule be made absolute. 5. In the Petition, Condemnor requested upon Condemnor's payment into the court of $863.00, a writ of possession for the temporary construction and permanent easements on Condemnee's property as shown on the attached Easement Plan. 6. Condemnees have continually refused Condemnor's offer of payment of Condemnor's estimate of just compensation ("EJC") for the easements in the amount of $863.00. 7. The Eminent Domain Code at 26 Pa.C.S.A. §307(a) (1) (iv) provides that the EJC may be paid into court. 8. With the issuance of the writ of possession, Condemnor respectfully requests the court's instructions on paying into court the $863.00 for the benefit and use of the Condemnees. 400 Certificate of Service I hereby certify that on the 2-0 day of September 2007, I served a true and correct copy of Condemnor's Motion for Rule to be Made Absolute for Writ of Possession by first class mail on the following: Jonas W. and Alta K. Nolt 403 Centerville Road NeNvville, PA 17241 Date: S,16- ke O c, 200~7 Salzmann Hughes, P.C. William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor I'?C' ?J I Wei- yl 7 6t Ai TFAif '-n o r? v T?1 F= I?EIAPVII...LE W ATE COASLE (q ?ATI 'IN R E R 5 E EA3 i P PJ [VS B 6 (", ? Cb0f\jT'y) I 1--\ AI (?- V- b FOR UT)Li i Y m uj-E- T COABIERLAV?ls PEN?3SYLVAN I A No. C-,1\1 I L ? A M NoT EXC'EPTI MC3- YOUR OFFER ?? ?;0??lD??l d&'T,? tS PRbPERTY C? R LAfAf QuQ??C CATER oR SEWER X02 usE bF ENTER f? LInfE.? dt? t?nSy OTHER, E R 5O ? To oF?'?(?.oo PROPERTY or, your' arFER ?Fo?SPF?YMEMT ?J I ?L. G oMP?y W ?T ?4 4..,?33TEcTI oftC To MNA7)oN WITH AGREEMENT AMB_ _,. CoND1 .7 ..?o?? oF?'E2E..? THAT I AM SENDING U11TN Ttl1? -PAPER COMMONWEALTH OF PENNSYLVANIA I Jody L. Gry Public Newvle Bom1and County L N!nE)O: Myrrk = Aug. 6, 2408 nnsyiv•nia Association Of Notaries Member, Pe r • "` ? ? 'tom f 1)?' E'C??t? ?t ? ,t?.2_?_i'; ?? ? ac ? -i? A wc CAI) ey?'#' 4"c •? 4 cl'?(4if? y0UP elciIse:01-fW cl, c&/jelt-i-? err ?ry, `??:'t,C;' rv? ?"" `!-'I???. ' r Ct t'Y-? : 1 t?E; ?L%.?t=/)'i ?t 1r ?- ,?JC= ?G''fJlj; 4-G .2) *F?j?sCcc?'it'i) tyt! %,•?' -,1E i;`ci.ttcC'?. -Lc re .-the 3)The 4 r t_-,LL+,-S ICI C 46C +06d 40C be-4w ce c i % ie (acl _:Oie' ' -?a, t< c p VLce n t5 (ilc, tke, 4?e? (Nce I f. t " s ?,` . t ?fl, {? Q }y •? 11c, l.- KL.e l 0 F / k'. c C t (s ' Al? J,eA.A`c#'k ?: ?`c ?t. {1C? t" ?i`i'?3l y' ? €J j''• Ott 4 1'di 1. ?°t. o vu ??tt {c. ? 'J f I"?L iri`ti? t..€ r . _ s?L? .ss .}` 1~?t It-`d1 4 t Cc!iNc't. 3 ? V,_ 1 ? it k 1 co <, >ic t i 11 .j d i - 9 ,.4r ?r '4..{ y 's•• `'?• ?.-y ? ? e-f 3 t t ?,;t{tlS;t s? , 5 i t i. 7 •i ,?L?r...?.:..?td.LLt.?rE ( .1? ?..:,.L,l,J?? ! ,'?i`r'V?'?F. c? 4 N CD II,, In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, Cumberland County, Pennsylvania Eminent Domain Proceeding In Rem Condemnor's Motion to Amend Writ of Possession And Now, the Newville Borough Water and Sewer Authority ("Condemnor") moves to amend the Writ of Possession ordered September 24, 2007 to state that Condemnor's payment into court of $863.00 for the use and benefit of the Condemnees shall be made into the escrow account of the Prothonotary's Office, and in support thereof states the following: 1. On September 24, 2007, the Honorable M.L. Ebert, Jr. granted a Writ of Possession to Condemnor for its possession of temporary construction and permanent easements on Condemnee's property. A copy of the Writ is attached. 2. Condemnees are Jonas W. and Alta K. Nolt, 403 Centerville Road, Newville, PA 17241. 3. The Writ of Possession provides that the $863.00 owed to Condemnees as compensation for the easements be either paid to the Condemnees or paid into court for the use and benefit of the Condemnees. 4. Condemnor has offered to make the payment of $863.00 to Condemnees but Condemnees have refused to accept the payment. 5. Because of Condemnee's continued refusal to accept payment, Condemnor must make the payment into court as provided for by the Eminent Domain Code at 26 Pa. C.S.A. § 307 (a) (1) (iv). 6. The payment of $863.00 into court will be placed into the escrow account of the Prothonotary's Office and will be available to Condemnees upon their request. 7. The Prothonotary's Office has requested that the Writ of Possession be amended to state that the payment into court shall be made into the escrow account of the Prothonotary's Office. 8. Condemnees object to this Motion. Wherefore, Condemnor respectfully requests that an order be issued amending the Writ of Possession granted September 24, 2007, to provide that the payment into court be made to the escrow account of the Prothonotary's Office. Date: Salzmann Hughes, P.C. oc?b e.2 q 207 Gtr. - ??? 4 William W. Thompson, squire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor SEP 242007ify In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Writ of Possession And Now, this 4 6 dA2007, on consideration of the Motion of Condemnor Newville o ou ater and Sewer Authority for Rule to be Made Absolute for Writ of Possession, i is hereby ordered that the rule is made absolute and a writ of possession shall issue to the Condemnor for the temporary construction and permanent easements on the property owned by Condemnees, Jonas W. and Alta K. Nolt, and located at 403 Centerville Road, West Pennsboro Township, Newville, Pennsylvania, and recorded in the Office of the Recorder of Deeds for Cumberland County at Deed Book 35X at Page 784, upon Condemnor's payment of $863.00 to the Condemnees or into court for the use and benefit of the Condemnees. It is also ordered that Condemnor shall serve this Writ of Possession on the Condemnees, Jonas W. and Alta K. Nolt at their address at 403 Centerville Road, Newville, PA 17241. By the Court: J. Certificate of Service I hereby certify that on the-?V day of October 2007, I served a true and correct coy of the Condemnor's Motion to Amend Writ of Possession, by first class mail on the following: Jonas and Alta K. Nolt 403 Centerville Road Newville, PA 17241 Date: Z -AceX - -?' 2G6 7 Salzmann Hughes, P.C. William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor _r.3 ui - CD _ In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Proof of Service I hereby certify that on the 26th day of September, 2007, I served a true and correct copy of the Writ of Possession by certified mail on the following. Jonas W. and Alt K. Nolt 403 Centerville Road Newville, PA 17241 Date: 0C-4ho.- 5 260 `7 Salzmann Hughes, P.C. 6C'A? & :7,_ William W. Thompson,/Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor ---..s ^ Y ^`, ? _i __ _ ? ^. .. _,.L ?. s -5 'O CT - S 2007/ In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville No. 3452 of 2007 Borough Water and Sewer Authority for Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, Eminent Domain Proceeding Cumberland County, Pennsylvania In Rem Order of Court tI? And Now, this I5 day of &Aby`t,! , 2007, on consideration of Condemnor's Motion to Amend Writ of Possession, the Writ of Possession ordered September 24, 2007 is amended to state that Condemnor's payment of $863.00 into court shall be made to the escrow account of the Prothonotary's Office of Cumberland County. It is also ordered that Condemnor shall serve this Order on the Condemnees, Jonas W. and Alta K. Nolt at their address at 403 Centerville Road, Newville, PA 17241. By the Court: V INVf fASNN3d S S :6 WV S 1 130 LOOZ ZIIHI JO In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3452 of 2007 Borough Water and Sewer Authority for : Civil Division- Law utility easements along S.R. 233 in West Pennsboro Township, : Eminent Domain Proceeding Cumberland County, Pennsylvania : In Rem Proof of Service I hereby certify that on the 16th day of October, 2007,1 served a true and correct copy of the October 15, 2007 Order of Court by certified mail on the following. Jonas W. and Alt K. Nolt 403 Centerville Road Newville, PA 17241 Date: Salzmann Hughes, P.C. William W. Thompso , Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor T .t t't: Q _ co r.