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HomeMy WebLinkAbout07-3492In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. Q? -3& 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 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 Pa.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 included 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 sanitary sewer line that will be installed along S.R. 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 Charles E. and Jean M. Hutchison, 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 273 at Page 2257. Sufficient for their identification, the easements to be acquired are shown and described on an Easement Plan prepared by CET Engineering Services, 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 sanitary sewer 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. (lynE `? Zov7 ? ?? G.? } William W. Thompso , Esquire 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 NEWVILLE BOROUGH WATER AND SEWER AUTHORITY AUTHORIZING ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF WATER AND SEWER LINES, AND/OR THE EXERCISE OF ITS EMMENET 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 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. 0026S- 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. 00305-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. 0023S-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. 0021 Y-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 1971j 2 ! , 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 10 day of May 2007, by the Board of the Newville Borough Water and Sewer Authority, in lawful session duly assembled. NEWVILLE BOROUGH ?TER S»R AUTHORITY , ATTEST: ?zf? (SEAL) William R. Boldosser, Secretary/Treasurer .=cl Oz Oz § is 1,,I C) 0 mw z ? v; and 0 ? Z;45 m Wm? }<p Hp ?o aZ2m z pWo Q Za} V0 eZ?f? CL Ln i? p H? W W ?G< O ?v-WM z >. i5 n ? ?? g uf% QW 96 ?w 2 OWE < ?~+?Wn NO?? PWm S?Z Ohs wmw CL zc (n ?fn ?3? J w w? z ~a ??i ZZO mew aW C.) OZ .0 W W cn z Z Z a 47? f?y0 3 ~/?y?Z <?p mW??? y?n0 .? Va o W b ?agz bi W Ut F- j WJZ Z U a. 9:01 HE J C4 Te Mlim 4?W IAS ? ZF Fi- W, ° } m x 8 ?? °m U Q gn a S C7 4, h x ? Om W x ----__ 19 3}$ I x x x a8 F-?a 0?8 i a. a Wm°n ?N }y??" ? ? s W IL a. cc 2'$N _ U < i ^6 =g 10 ti LL. N M ? I C? 3 Z 8>: ?a ?o a Wko log? g n. zw.. o? W We J?? ° ?? L ?J > 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: ?y` l 7 William R. Boldosser, Secretary :1 0 o ZP a N HZ V Om~ CI L Q 8<o-yi ? a Z _ ? m m M0 °?dz >-<o UOm v $ z m??1 boaz Wok o?c7d' 0 C.) 96 U) Z w z I'' o p a I- p? Z ZZ i ., O 1 LO M CJ ZO ?H WZ QZ Y< =ti ? 6 8 m+ m a: 1<-?? jo ' ?Wm "m0 q%p I aw W = gay p?F-= <I- } f/fK ,, OQ Q 5 JQ z 4N gi5< «Z8 O mm Ig. W cn WZo 7a W Z Z 47 re ii ? 0z?3 ~???? yy7?12 } . mw?"T? F' Norm ?ag? W (If?? W"J Z (n a C4 TZ ?z 9411ta. cc ui W Z f2 Wow i o m ? U m IL tn X a ?? rc L W o? W4g I X. I ?- "2 Ay< F < J Ooh ?N ? s o : ,? NIA, a mg R<x 8 N ?? oil a I5 ?• O`t W NCv ' J?~ CO Z 2 ( OCL I MF C'70 zQO ?? ??m ? z ?j ofa moo >d A 4 xx"j"I, Exhibit C In re: Condemnation by the Newville ; No. D 7 - 3 yrj2 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: , winiam K Bo dosser, secretaiy/Treasurer NEW MLLE 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 __J,?A_day of j Lw e- 2007. N lic M ommission Expires: aG(/? ?? 9X9 COMMONWEALTH OF PENNSYLVANIA N J0dYCommbabn Baro ?Y Pic Cumbc!IarW MY EVka Aug. 6, 2008 Member. Pennsylvania Association Of Notaries C? ? a -- -`I rr ` CA) fo3 17 1 3 In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 07-3492 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 13, 2007, was recAded in the Office of the Recorder of Deeds, of the above county in Book 737, Page 3821. Date: cx/n e /'? 20'07 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-? C) co / %. In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 07-3492 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 June 15, 2007, a true and correct copy of the Notice to Condemnees and Declaration of Taking was served on Jean Hutchison by first class, certified mail, return receipt, at her residence at 444 Centerville Road, Newville, PA 17241. A copy of the return receipt is attached. Date: (_1411 _e 15 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 $ .. ¦ Com,,,plete 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 retum the card to you. ¦ Attach this card to the back of the mallpieoe, or on the front if space permits. 1. Article Addressed to: CharLeS E. ?ehn Kv- tn%v\ Cer-rvlile P-6aA ww Vt l ?- a 1`'l), l A. ^srlgrrature ? Agent i ? Addressee ReceivedL by (Printed Name) C. Date of Delivery _' P AU ?Ghi,rEt r. ? Z Ir 07 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. 1jIQe ified Mail ? F_xpress Mail ? Registered ? Return Receipt for Merchandise 13 insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) )<Yes z. Anise Nyrrrt 7-001, 14 0 Q Q3 ;2 X 4 8496 (mmier>Vfi sor>)ICe labsl 7 ' t _ P$ Form 3811, February 2004 Domestic Return Receipt 102595-02401-1540 c? T1 rr7 L, all c71 In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 07-3492 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 June 8, 2007, a true and correct copy of the Notice to Mortgagee, Notice to Condemnees and Declaration of Taking was served on American Home Mortgage by first class, certified mail, return receipt. A copy of the return receipt is attached. Date: Salzmann Hughes, P.C. ViJ4, 2-0 2 0 7 - 1 „? William W. Thompson, Esquire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor A. i m J 'n N$ A r.a O rT" co In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 3492 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 13, 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 Charles E. and Jean M. Hutchison, ("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 273 at Page 2257. 3. The address of the Condemnees' property is 444 Centerville Road, Newville, PA 17241. 4. On July 31, 2007, Condemnor made Condemnees a written offer to pay Condemnor's estimate of just compensation for the easements on Condemnees' property in the amount of $500.00. A copy of the offer is attached as Exhibit "A". 5. Condemnor's written offer requests that the Condemnees respond by August 10. 6. As of the date of this filing, Condemnees have not responded to Condemnor's written offer. 7. Because Condemnees have not responded to Condemnee's written offer, Condemnor requests that the $500.00 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 $500.00. 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. Wherefore, Condemnor, the Newville Borough Water and Sewer Authority requests that a rule be issued on Charles E. and Jean M. Hutchison, Condemnees, to show cause why a writ of possession shall not issue conditioned upon payment into the court of $500.00 for the use and benefit of Condemnees. Date: Salzmann Hughes, P.C. A 13, 2007 William W. Thompson, quire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor SALZMANN HUGHES, P. C. Attorneys & Counselors at Law r 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) 898-8050 DONALD E. LEFEVER, 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 SALV ADOR SCOTT B. GRANGER ESQ. KURT E. WILLIAMS. ESQ. SAMUEL E. WISER, JR., ESQ. *Also Admitted to Georgia Bar July 31, 2007 X-Af ftcw!'15 Charles E. and Jean M. Hutchison 444 Centerville Road Newville, PA 17241 Dear Mr. and Mrs. Hutchison: 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 $500.00 as estimated just compensation for the temporary construction and permanent easements on your property at 444 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 by August 10, 2007. Upon being notified, Mr. Potzer will issue you a check for $500.00. 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 ENVIRONMENTAL, LAND USE, CORPORATE, REAL ESTATE, MUNICIPAL, BANKING, SECURITIES, ESTATE PLANNING AND ADMINISTRATION LAW O Z Xmr-+ ZmU1 W a 4 Z O V O 4 ` 4Z ?z0 N r N?w m ??l Oa-f..'N ??? aWWa?j 7 ms rsaFF-Z 4Zp +OLF-7- $Q?F S F- o m?Q WOOw %40 "?aWY Z v? a Wya 0g4q? N ? ?S.,r Ua ?++N 7-- NO Yt6 N O aN FH ?? p OZ Z Cr-Z a' 4 0 0 ?1 ?tu 7__0 '4 U?QW '"` Ii ?Wrr4 r N3 r??3ra N?? ?Y • aka 0.G1`1 3 OG ILE i?1 Q Z F' 4 ?? w H ?d d Ck. A , N `•j 0.a 410 x a h X - O U Z U f- wul p. W d o 4 g a?? ? 53 22 3 °TSA 1 ul Ali O rj W CL. 3 Mai z P ?J!* All Z 4 x x, -1 x x 0x h ey z hi n iclF two- 1 =' 4 i I . O 4 4 Akw 3Y R w? o F Ila D w m till $ C ' f ti g IC54 Y zl'? Certificate of Service T I hereby certify that on the ?3 day of August 2007, I served true and correct copy of the Petition of Condemnor for Rule to Show Cause Why Wr t of Possession Should Not Issue, by first class mail on the following: Charles E. and Jean M. Hutchison 444 Centerville Road Newville, PA 17241 Date: Salzmann Hughes, P.C. J William W. Thompson, Es uir4 Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor C'? r c_7 m ITI p s " ?' E?7 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. 07-3492 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this 15th day of August, 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, Charles E. and Jean M. Hutchinson, 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 $500.00 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 444 Centerville Road, Newville, PA 17241. By the Court, -,?\ -? ??S\ M. L. Ebert, Jr., J. iv, E8.8 H!V L { cIV t Z 'A 1-1 William W. Thompson, Esquire Attorney for Condemnor Charles E. and Jean M. Hutchison .take' '?? Condemnees / 444 Centerville Road 9- Newville, PA 17241 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. 07-3492 CIVIL EMINENT DOMAIN PROCEEDING IN REM AMENDED ORDER OF COURT AND NOW, this 24th day of August, 2007, the Order of Court dated August 15, 2007, is hereby amended to give the Condemnees 10 days from August 22, 2007, to file the Answer in this matter. The remainder of the Order will remain in full force and effect. By the Court, ?*k -v- ?AA \ - M. L. Ebert, Jr., J. 41ii'liam W. Thompson, Esquire Attorney for Condemnor .9 arles E. and Jean M. Huts Condemnees 444 Centerville Road Newville, PA 17241 Z3 : 1 HJV tZ S?'TV LOR :IHI JO ii:?:'' c 7liJ 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. 07-3492 CIVIL EMINENT DOMAIN PROCEEDING : IN REM ORDER OF COURT AND NOW, this 30t'' day of August, 2007, upon consideration of the Petition of Condemnor Why a Writ of Possession Should Not Issue and the Response filed by the Condemnee, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Wednesday, September 19, 2007 at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1*0" M. L. Ebert, Jr., William W. Thompson, Esquire Attorney for Condemnor Charles E. and Jean M. Hutchison ?,,?;, ?,•,,.,,P.r.•t S- 30-6 7 Condemnees 444 Centerville Road Newville, PA 17241 J. N N]d ZS :ZI W'd 0£ SA LOUD AUY!VY S,ft,.J .?J'?.iCI -SHl JO 3^I-J,-ic!-n3A 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 EMINENT DOMAIN PROCEEDING NO. 07-3492 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of September, 2007, after hearing in the above-captioned matter, the writ of possession shall issue for allowance of this easement over the Hutchison property. The sum tendered by the borough in the amount of $500.00, and presently refused by the condemnees, will be paid into the escrow account of the Cumberland County Prothonotary's Office and be available to the condemnees upon their request. By the Court, '?*, A, 4,\ M. L. Ebert, Jr., William W. Thompson, Esquire Attorney for Condemnor Charles E. and Jean M. Hutchison 444 Centerville Road Newville, PA 17241 Condemnees e69? 1 2.t L94L a ilo-7 tu?l :lfh Vii VAIASNN3d m. cv, Z 1 .C Nd i Z d3S LOOZ Auviowri .oud 3H130 30H440-0311) to q. OCT - 8 2007 In the Court of Common Pleas of Cumberland County, Pennsylvania In re: Condemnation by the Newville : No. 07-3492 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 Notice of Payment To the Prothonotary: Notice is hereby given that a check issued by the Condemnor Newville Borough Water and Sewer Authority payable to the Condemnees, Charles E. and Jean M. Hutchison, in the amount of $501.00 as compensation for the temporary construction and permanent easements on the Condemnees' property, was accepted by Mr. Hutchison on September 19, 2007. Because of Condemnees' acceptance of Condemnor's check for $501.00, payment of $500.00 into the escrow account of the Prothonotary's Office as provided for by the September 19, 2007 Order of Court will not be required. Date: 0t,-1c'6en 4 .Z c0 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 Certificate of Service Oc4Gcc I hereby certify that on the -594'Ih day of Star 2007, I served a true and correct copy of the Notice of Payment, by first class mail on the following: Charles E. and Jean M. Hutchison 444 Centerville Road Newville, PA 17241 Date: Salzmann Hughes, P.C. c? 2007 William W. Thompson, E quire Attorney I.D. 62482 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Condemnor CJ1