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HomeMy WebLinkAbout90-2543LAW OFFICES p • C . YOFFE & YOFFE, 214 Senate Avenue * Suite 203 Camp Hill, Pennsylvania 17011 NORMAN M. YOFFE JEFFREY N. YOFFE TelephFax(717)975-1912 September 12, 1997 William L. Sunday, Esquire 39 West Main StpAe17055 Mechanicsburg, Re: Hampden Township Sewer Authority/Goldstein; 2543 Civil 1990; Cumberland Countv Dear Mr. Sunday: and Mr. leased to advise you that Hampden Township I am p shortly and Goldstein have settled their a cue tseand he check cveryoned case an the I just we will be exchanging ro riately. Under these circumstances, marking the docket app P wanted to notify you to cancel the Board of View scheduled in this case for September 15, 1997 at 10:30 A.M. Because this letter may not reach you until that day or after that day, I will be phoning your office immediately after dictating this letter. Sincerely, YOFFE & FFE, p•C• ~L By Orman M. Yoffe NMY:jks cc: J. Jay Cooper 320 Market Street Strawberry Square p.p. Box 126PA 17108-1266 Harrisburg, goldstei\letwsi IN RE: CONDEMNATION OF LANDS IN THE - TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, ' PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM ALp,N GOLDSTEIN, HERBERT GOLDSTEIN and ELIOT GOLDSTEIN, Plaintiffs, - IN THE COURT OF COMMOI`1 PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 90-2543 CIVIL TERM vs. IN REM (EMINENT DOMAIN) HAMPDEN q'OWNSHIP, CUMBERL~fenY, . PENNSYLVANIA, NO-rIGB OF YIE~1F~i•S' HFARIIIG T0; Goldberg, Katzman & Shipman- P.C. J. Jay Cooper, Esquire 320 Market Street P. O. Box 1268 Harrisburg- PA 17108-1268 TO: Yoffe & Yoffe, P.C. Norman M. Yoffe, Esquire 214 Senate Avenue Camp Hill, PA 17011 Samuel Acri 714 Robert Street Mechanicsburg- PA 17055 Edwin T. Fanus, Jr. 55 Greystone Road Carlisle, PA 17013 that William L. Sunday, Esquire- Samuel Acri NOTICB IS HHtEBY GIY~1 inted by the Court of Common Pleas and Edwin T. Fanus, Jr. , the Viewers appo of Cumberland County, Penns nda nl Septemberol5, t 997,1 tr10:30 aa.mg, in the above-captioned matter on Mo y Hearing Room, on the 2nd Flooe of their duties urtAll uparties interested Pennsylvania, for the performs may attend at said time and place to present their testimony. William L. Sunday Samuel Acri Edwin T. Fanus, Jr. Board of View By i~~ ~ Wllllam L. Sund Certified Mail - RRR July 29, 1997 ~ +~ar ~ P 512 0 5 2 2 9 4 frame 1 and/or 2 for additonal services. I also wish b ~ ^Complf~te items 3, 4a, and 4b, recelw the US Postal Service card to you. ^~~'~" name "~ mod"" °"'M "`"°f°e °f ~`° "°'""°'"•~ ~. ~, -atr.n ttr. e'°"~'° (~ ~ Receipt for Certified Mail ^Aftach dws torte to the front of the maiipiece w ~ ~ beds N sPaoe doa ~ No Insurance Coverage Provided. ^ Write'Retum RsaeJpt Requefed• on the Address Pew 1 • ~ Addressee's Do not use for International Mail See reverse ^Ths Rstum Receipt wIg show to whom ths"~~ below tfre argde number. 2. ^ Restricted Delivery ~~°d~ 0 delivered. futile was delivered and the date rq r Katz 3. Ardde Addressed to: Cor>sun Postrriaster for fee. roar man & Shi ~ 4a. Amide Number 320 Marke~,ctr-' E~•~ P•C Goldberg r Katzman & Shipman ~ P. C p ~- office, rate. a zIP ~` J. Jay COOperr Esq. arris~urg, $ 320 Market Street ~• service type ^ Registered Postage P. O. Box 1268 6a CertUed Hat:'r].SbU ^ ~Pfess Mail ^ lnstxrd ~ certified Fee rg ~ PA 17108-1268 ^ Return Rsoeipt for Mert~tandlse ^ COD 7. Date Of Delivery ~ ~ Delivery Fee 5. R ived By: (Print Name ~ Restricted Delivery Fee ~~ ,~y,~~ ) h 8. Addressee's Address (On/y i/requested ~~' Pt Showing to lC r ~c7',7`~ ~l and fee is paid ~ ~•' Wh~o„,mg p c 6. Signature: (Addressee or Agent) ) ~~ pepxnR >` X a ~ PS Form 3$11, December 1894 ~ xs } etUfft 0 u_ o_ ~ SENDER:. ^ Complete items 1 sntl/or z rot additional cervices. I also wish to fsceive the m . Pcno ~plete items s. ta, and 4b. following serNces (for an m card tyo~r name and address an the reverse of this form so that we can return this extra fee): > ^Attach this form to the (rota of the msilpiece, or on the bads if space dose not 1. ^ Addressee's Address ~ ^ Work Return Receipt Requeated• on the maNpiece below the artkb number. 2. ^ RetitriCted Delivery ^The Return Receipt wic show to whom the article was delhrered and the date ~"~' Consult postmaster for fee. 3. Article Addressed to: 4a. Attila Number Yoffe & Yoffer P.C. P 512 052 293 Norman M. Yoffer Esquire 4b. Service type 214 Senate Avenue ^ Registered ~} ~,~ Camp Hill ~ PA 17011 ^ Express Mae ^ Insured ^ Relum Receipt for Merdtendse ^ COD 7. Date ive 5. Received By: (Print Name) 8. Addressee's Address ( ly 'requested and fee is paid) g 6. Si t r : (Addressee rAgent) ~' X PS Form 3811, December 1994 etum Receipt f __ ~ 17108-1268 ~ . 3.2 /, 3 5 /, ~ p :1. 7 7 ,~. P° X12 052 293 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. DO not use for Infamafinnnl IUnii LCm rn,.a.~e~ S°.4N9ffe &Yoffe, P.C. r r 214 Senate Avenue Post office, State, 8 ZIP Co de Cam Hillr P A 17011 ` Postage $ 3R . certified Fee /, 35 Special Delivery Fee Restricted Delivery Fee ~ Return Receipt Showing to _ Whom & Date Delius d /. / O ~ Realm Receipt Dare, a g toter . a& F .0 2, 7 7 th Postm ate o 'n ~~ ~. v_ V G 0 a .~ 3 SPS g~ ... , N \ N/F GLENN POINT OF BEGINNING ~I til ~~~ ~ y~y N/F wARD ALAN, HERBERT AND ELIOT GOLDSTEIN DEED REF. S-31-133 NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALEt I"" 30' PLAN SHEET ~ 2 TAX MAP REF. ~ 18-1314-032 TOTAL LENGTH OF R/ N ON PROPERTY ~ 76.59' SEMIER R16HT-•OF-WAY TO BE ACQUIRED FROM ALAN, HERBERT AND ELIOT GOLOSTEIN OF NAMPDEN TWP., CUMBERLAND CO. BY NAMPDEN TOWNSHIP SEWER AUTHORITY NAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLYANIA GANNETT FLENING, INC. HARRISBURG, PA. JUNE 1990 90-5 .~ ALAN, HERBERT AND ELIOT GOLDSTEIN BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on the northerly line of property of Alan, Herbert and Eliot Goldstein, said point being S SOo26'W, 19.36 feet from a northerly corner of said Goldstein property; thence S 36041'46"E through the aforesaid Goldstein property the following two distances: 61.59 feet to a point (S11) and 15.00 feet to a point on a southerly line of the aforesaid Goldstein property, said point being distant 2.20 feet and measured in a southwesterly direction along said southerly line from the intersection of said southerly line with the westerly right-of-way line of Salmon Road. The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet on both the east and west sides of the permanent easement for the purposes of construction only Total length of right-of-way on property, 76.59 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. ~~~ ~ ~.~. I ~~ EXHIBIT "C" ' .~/~ ./J1Zi~rilrlf ~~2~ -"'- iii. ~~' ~ ,~ L~'~'~c` '~ /~' 9~ '~~~ W REMARKS! ~f~ `,~` '~"~CL~ / (W ~/<~:T ~4 RNED YOUR CALL LEASE CALL ^ WILL CALL AGAIN Q. (~ CAME TO SEE YOU ^ WANTS TO SEE YOU SIGNED it SC7454L IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA l3Y T[lE [IAMPDLN `i'OGVNS[lIP , SL•'Wl~at AU'1'1lUl2T'1'Y l~'Olt IN51'11Gf,n'L'.ION Ole' A SANI'1'Al2Y SLWf!:I2 SYS'1`L.M , ALAN GOLDSTEIN, HERBERT GOLDSTEIN and ELIOT GOLDSTEIN, Plaintiffs, vs. . IN Tf~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C.LV:If. I)IVa 31(NV - I,AW NO. 90-2543 CIVIL TERM HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, IN REM (EMINENT DOMAIN) PENNSYLVANIA, Defendant NOTICE OF VIEW TO: Goldberg, Katzman & Shipman, P.C. J. Jay Cooper, Esquire 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Samuel Acri 714 Robert Street Mechanicsburg, PA 17055 TO: Yoffe & Yoffe, P.C. Norman M. Yoffe, Esquire 214 Senate Avenue Camp Hill, PA 17011 Edwin T. Fanus, Jr. 55 Greystone Road Carlisle, PA 17013 NOTICE IS HEREBY GIVHd that an Order of the Court of Common Pleas of Cumberland County has been issued to William L. Sunday, Esquire, Samuel Acri and Edwin T. Fanus, Jr., directing them to View the premises of the Condemnees, situate in Hampden Township, Cumberland County, Pennsylvania and assess the damages, if any, by virtue of the Comdemnation by Hampden Township Sewer Authority, Cumberland County, Pennsylvania, and that the said Viewers will meet at the premises in Hampden Township in the County of Cumberland on Tuesday, July 29, 1997, at 1:30 o'clock p.m., 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. William L Sunday Samuel Acri Edwin T. Fanus, Jr. Board of View BY c!i'` William L. Sunday Certified Mail - RRR July 2, 19997 P 51.2' 052 291 T US Postal Service `` • e ~ I also wish t0 i th Recei t for Certified Mail • .Complete it ms t andl« z for additbnd services. ^Complet• items 9, 4a, end ab. rece ve e fdlowirtg services (for en No Insurance Covera a Provided. 9 .Print your name and address on tM reverse of this form eo that we can ratan this g~a fee): Do not use for Intemationai Mail (See rei ^ ~tot~ tonn to the front of the mailpiea, «on the badt > 'd apace does not 1. ^ Addressee's Address ~ Se"t t0GO1C3berg - Katzman & ~ te'Retran Receipt Requested' an the medpisce below the arUde number. ^ Wri 2. ^ Restricted Delivery She " •et ~~per - EsCjuire •The Retum Reosipt wiN show to whom the erode w^s delivered and the dads mlivered. CortsuR postmaster for tee. 3. Article Addressed to: 4a. Article Number t^CJ - Katzman & Shi. Goldbe ~- P' is E Postage $ J. Jay CooPer- Esquire 4b. Sevice Type ~ Certified Fee ^ Registered ®Cernfled 320 Market Street o . P. O. Box 1268 ^ Express Mail ^ Insured = Spedal Delivery Fee Harrisburg - PA 17108-126$ ^ Rattan Reos(pt for Merchertdae ^ COD $ Restricted Delivery Fee 7. Date of .. ~' Retum Receipt Showin to ~' g Whom & Date Delivered ~~D 5 B N 8 Add Add l !f O t d . y: ( e . r ress ( n y reques e Retum Receipt Showing to Whom, is paid) Date, d Addressee's Address 6. Signature: (Addressee or Agent) D TOTAL Postage ~ ~ '~ ~ . X ~ Postmark or ~~ , "a , PS Form 3811, December 1994 AtU171 ~ - ~' ~ LL ~ ~l `~. ~ •- P "5~,2- 052 292 ' US Postal Service Recei t for Certified Mail ~~~ete itertn ~ ~« z ~ additional rasrvices I also wish t0 receive the No Insurance Covera a Provided. ^Compkte item.3, aa, and ab. fopoviring servfces (for an 9 .Print your items and address on the reverse d ttris form so that we can retlXn ttlta extra fee): Do not use for Intematlonal Mail See revery yyoonu Sent to > wAn~aci,~tMa tom, to the front of the maitpiece, «on the back it apace does na 1. ^' Addres$66'S Address ~ YOf fe & Yoffe, P. C. ~ ^ W e RNUm Rewipt Rsquestad' on the rnaYpiece b^bw the aArcls nurtlbsr. 2. ^ Restricted Delivery ~ €1~1. Yoffe - E wire ~ •The Retum Receipt wiN stww to whom the amide was deNv^red and the date Cortst~lf ppeUrlaster for fee. ~' p i ~ ~ ~e ~~~ ~: ~ , Ntxr>ber ~ Hill - PA 17011 P 512 052 292 E Postage $ Yoffe &Yoffe, P.C. 4b. service Type Norman M. Yoffe, Esquire ^ Registered ~Certlfled ~ Certified Fee 1. 214 Senate Avenue Camp Hill, PA 17011 ~ 6. Slgrtature: (Addressee oragen ~.. x ~ PS Form 381 ,December 1994 ^ ~rggg Map ^ Insured a Speaal Delivery Fee ^ Reltxn Receipt f« ttAercFtandse ^ COD Restricted Delivery Fee Date of Delivery 7 . `7 ...G~ ~ o Retum Receipt Showing to / >' Whom & Date Delivered 8. Addressee's r (Only H requested e, Rewm Receipt Showrcg ro Wha end lee is peed) ~' Dare, lE Addressee's Address TOTAL Postage & • Postmark or Oate b ' ~~ 1 `~7 J ~, ~~ ~. tiOLDSLRd, BATSMAN & SHIPMAN, P.C. J. Jay Cooper, Hsquire - I.D. #`31720 Attorneys for Hampden Township Sewer Authority 320 E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM ORDER FOR THS APPOINTMENT OF BOARD OF VIEW AND NOW, to with, this o~3'~day of , 1992 , upon consideration of the within Petition and upon motion of J. Jay Cooper, Esquire, Attorney for Petitioner, the Court appoints: ~~,..,.~.~. Qom.;., as a Board of View, and further orders that the Board of View perform its duties in accordance with the laws and Acts of Assembly in such case made and provided. TRUE C('RY FRAM RECORD f". T.:st mony v~f~~:::rc; ~, I here ur.`~ ~~t my hand and tha seal of said Court at Carlisle, Pa. i i s 3 3 ~'4L ~ ............. day of.~.-.., 19.9a .,....... ........ ..... ...~4........(~.-~~-~:............ a ,,,~, Prothonotary BY THE COURT J. ~ f 1 (iOLDBBR~i, KATSMAN & SHIP1tAN, P.C. J. Jay Cooper, Esquire - I.D. #31720 Attorneys for Hampden Township Sewer Authority 320 E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM PETITION FOR APPOINTMENT OF BOARD OF VIEW TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, The Hampden Township Sewer Authority, Hampden Township, Cumberland County, Pennsylvania, respectfully represents that: 1. Your Petitioner is a municipal corporation created under the provisions of the Municipality Authority Act of May 2, 1945, P.L. 382, as amended (53 P.S. 301). 2. Your Petitioner has undertaken the project of constructing and extending a sanitary sewer system to serve the residents of Hampden Township. 3. Pursuant to the requirement to extend the sanitary. sewer system, your Petitioner has caused the firm of Gannett Flemming, Consulting Engineers, to design and supervise the construction of the extension to the sanitary sewer system known as the Salmon Road extension. ^ 4. Upon completion of the plans and specifications for said sanitary sewer extension, your Petitioner entered into construction contracts after proper notice and advertisement, and subsequent thereto contractors with whom the Petitioner contracted, undertook the construction of the sanitary sewer extension in conformity with the plans and specifications prepared as aforesaid and now have completed said construction. 5. Subsequent to the undertaking of the extension of the sanitary sewer system known as Salmon Road, your Petitioner duly adopted on November 13, 1991, a resolution in conformity with and in pursuance of the Municipality Authorities Act of May 2, 1945, P.L. 382, 53 P.S. 301, et seq., and particularly Section 4(r) and (s) thereof, which Act provides for assessments on the basis of benefits. 6. Section 4(r) of said Act (53 P.S. 306(r)) provides that benefits shall be assessed in the manner provided by Section II of the Act for the exercise of the right of Eminent Domain. 7. Section II of the said Act (53 P.S. 314) provides that the right of Eminent Domain shall be exercised by the Authority in the manner provided by law for the exercise of such right by the municipalities of the same class as the municipality by which such Authority was organized. 8. Hampden Township Sewer Authority was organized by Hampden Township, Cumberland County, Pennsylvania, a First Class_Township. 9. The First Class Township Code (Act of June 24, 1931, P.L. 1206, 53 P.S. 55101) in Article XXIV, Section 2401 (53 P.S. 57409) ^ . et seq., provides for the assessment of damages and benefits arising from a municipal improvement such as the one undertaken by your Petitioner. 10. Article XXIV, Section 2409 of the said Act (53 P.S. 57409) et seq., provides that the Court of Common Pleas shall be petitioned for the appointment of viewers to assess benefits. 11. Attached hereto and marked as Exhibit "A" is a list of those property owners and their addresses of which Petitioner requests that viewers assess damages and benefits. 12. Your Petitioner believes and therefore avers that the property owners listed on Exhibit "A" have been benefited by the Salmon Road sanitary sewer extension. 13. By reason of the aforesaid, your Petitioner requests that viewers be appointed to assess such damages and benefits as may be appropriate. 14. Your Petitioner will furnish to said Board of View information supplied by its consulting engineers, indicating the properties where the Front Foot Method of assessment was deemed. legally inapplicable, or would not adequately measure the benefit to a property or properties, or would result in an inequitable assessment. 15. Your Petitioner has given notice to all of the property owners noted in Exhibit "A" pursuant to Rule 100 of the Rules of Court of the Ninth Judicial District, Cumberland. County, Pennsylvania, advising said property owners of this Petition. WHEREFORE, Your Petitioner prays your Honorable Court to appoint a Board of View to assess damages and benefits against or in behalf of the owners of properties affected by the improvements set forth in this Petition and to make report thereof in accordance with the provisions of the First Class Township Code. HAMPDEN TOWNSHIP SEWER AUTHORITY By. William H. Tay r, Chairman ~,' ec ry G(3LDBERG, RATZMAN & SHIPMAN, P.C. By: Coo er, Esquire ^ c • VERIFICATION COMMONWEALTH OF PENNSYLVANIA ss. COUNTY O F ~ ~!u l~ ~ l 1•~ Personally appeared before me, a Notary Public, in and for said Commonwealth and County, William H. Taylor, who, being duly sworn according to law, deposes and says that he is the Chairman of the Hampden Township Sewer authority, and that the facts set forth in the within Petition so far as they are within his personal knowledge are true and correct and so to facts based upon the information of others, he believes them to be true and correct. ,~-~ l Wil iam H. Ta~ r, Chairman Sworn to and subscribed before me this ~"~ day of ~~~N-lF'~~~ , 1992 Notary Pub 'c My Commission Expires Y t 6~fJW00. NOGR-!U!l!C NARRIS8UR6, 0lIUPFMN COUNTY, Ml MY COMMISSION EXPIRES OCT. 24, 1994 . ' Messrs. Alan, Herbert & Eliot Goldstein P. O. Box 11569 Harrisburg, PA 17101 Property located on Salmon Road Mechanicsburg, PA 17055 Tax Map Parcel No. 18-1314-032 Harry B. Clemm, Jr. and Vicki V. Clemm 1300 Red Hill Road Dauphin, PA 17018 Property located at 4101 Sears Run Road Mechanicsburg, Pa 17055 Greg R. Bachman 4145 Sears Run Road Mechanicsburg, PA 17055 Property located at 4145 Sears Run Road Mechanicsburg, PA 17055 Vicky A. Peters 4105 Sears Run Road Mechanicsburg, PA 17055 Property located at 4105 Sears Run Road Mechanicsburg, PA 17055 EBHIBIT A ~iOLDBERO, R71TSNa1li is SBIPMAI~T, P . C . J. Jay. Cooper, Esquire - I.D. #31720 Attorneys for Hampden Township Sewer Authority 320 E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM ORDER FOR THL APPOINTMENT OF BOARD OF VIRW AND NOW, to with, this~.3~day of :.ems , 1992, upon consideration of the within Petition and upon motion of J. Jay Cooper, Esquir~je Attorney for Petitioner, the Court appoints: as a Board of View, and further orders that the Board of View perform its duties in accordance with the laws and Acts of Assembly in such case made and provided. ~t1H~i00 t1~t~?~3:?Nt~~ BY THE COURT 301 :'~-[~ ; ?~ ~ Z6. Wt~ ~£ OI EZ d3S ~:_._ J. QOLDBERli, 1g1T8M711~i & SHIPMAN, P . C . J. Jay Cooper, Esquire - I.D. #31720 Attorneys for Hampden Township Sewer Authority 320 E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM PETITION FOR APPOINTMENT OF BOARD OF VIE11 TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, The Hampden Township Sewer Authority, Hampden Township, Cumberland County, Pennsylvania, respectfully represents that: 1. Your Petitioner is a municipal corporation created under the provisions of the Municipality Authority Act of May 2, 1945, P.L. 382, as amended (53 P.S. 301). 2. Your Petitioner has undertaken the project of constructing and extending a sanitary sewer system to serve the residents of Hampden Township. 3. Pursuant to the requirement to extend the sanitary. sewer system, your Petitioner has caused the firm of Gannett Flemming, Consulting Engineers, to design and supervise the construction of the extension to the sanitary sewer system known as the Salmon Road extension. 4. Upon completion of the plans and specifications for said sanitary sewer extension, your Petitioner entered into construction contracts after proper notice and advertisement, and subsequent thereto contractors with whom the Petitioner contracted, undertook the construction of the sanitary sewer extension in conformity with the plans and specifications prepared as aforesaid and now have completed said construction. 5. Subsequent to the undertaking of the extension of the sanitary sewer system known as Salmon Road, your Petitioner duly adopted on November 13, 1991, a resolution in conformity with and in pursuance of the Municipality Authorities Act of May 2, 1945, P.L. 382, 53 P.S. 301, et seq., and particularly Section 4(r) and (s) thereof, which Act provides for assessments on the basis of benefits. 6. Section 4(r) of said Act (53 P.S. 306(r)) provides that benefits shall be assessed in the manner provided by Section II of the Act for the exercise of the right of Eminent Domain. 7. Section II of the said Act (53 P.S. 314) provides that the right of Eminent Domain shall be exercised by the Authority in the manner provided by law for the exercise of such right by the municipalities of the same class as the municipality by which such Authority was organized. 8. Hampden Township Sewer Authority was organized by Hampden Township, Cumberland County, Pennsylvania, a First Class Township. 9. The First Class Township Code (Act of June 24, 1931, P.L. 1206, 53 P.S. 55101) in Article XXIV, Section 2401 (53 P.S. 57409) et seq., provides for the assessment of damages and benefits arising from a municipal improvement such as the one undertaken by your Petitioner. 10. Article XXIV, Section 2409 of the said Act (53 P.5. 57409) et seq., provides that the Court of Common Pleas shall be petitioned for the appointment of viewers to assess benefits. 11. Attached hereto and marked as Exhibit "A" is a list of those property owners and their addresses of which Petitioner requests that viewers assess damages and benefits. 12. Your Petitioner believes and therefore avers that the property owners listed on Exhibit "A" have been benefited by the Salmon Road sanitary sewer extension. 13. By reason of the aforesaid, your Petitioner requests that viewers be appointed to assess such damages and benefits as may be appropriate. 14. Your Petitioner will furnish to said Board of View information supplied by its consulting engineers, indicating the properties where the Front Foot Method of assessment was deemed legally inapplicable, or would not adequately measure the benefit to a property or properties, or would result in an inequitable assessment. 15. Your Petitioner has given notice to all of the property owners noted in Exhibit "A" pursuant to Rule 100 of the Rules of Court of the Ninth Judicial District, Cumberland County, Pennsylvania, advising said property owners of this Petition. WHEREFORE, Your Petitioner prays your Honorable Court to appoint a Board of View to assess damages and benefits against or in behalf of the owners of properties affected by the improvements set forth in this Petition and to make report thereof in accordance with the provisions of the First Class Township Code. HAMPDEN TOWNSHIP SEWER AUTHORITY By: ~~ ~~ William T or, Chairman ,~ ~Si ecr t ry GOLDBERG, RATZMAN & SHIPMAN, P.C. By: J a o er, Esquire COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ~RuPl-E-t i.~ . Personally appeared before me, a Notary Public, in and for said Commonwealth and County, William H. Taylor, who, being duly sworn according to law, deposes and says that he is the Chairman of the Hampden Township Sewer authority, and that the facts set forth in the within Petition so far as they are within his personal knowledge are true and correct and so to facts based upon the information of others, he believes them to be true and correct. .~-._'. William H. lor, Chairman Sworn to and subscribed before me this g'nt day of S~~(3~~ , 1992 Notary Publ c My Commission Expires ..~.~ NOMINAL SEAL IpMBE~Y ~ O~FIWOOI, IgfARrlI~JO HARRISBtMl6, OiNlMIIN COINIIY, !N. ~nr coMMissroH a~~s ocr u 1Nlrt Messrs. Alan, Herbert & Eliot Goldstein P. O. Box 11569 Harrisburg, PA 17101 Property located on Salmon Road Mechanicsburg, PA 17055 Tax Map Parcel No. 18-1314-032 Harry B. Clemm, Jr. and Vicki V. Clemm 1300 Red Hill Road Dauphin, PA 17018 Property located at 4101 Sears Run Road Mechanicsburg, Pa 17055 Greg R. Bachman 4145 Sears Run Road Mechanicsburg, PA 17055 Property located at 4145 Sears Run Road Mechanicsburg, PA 17055 Vicky A. Peters 4105 Sears Run Road Mechanicsburg, PA 17055 Property located at 4105 Sears Run Road Mechanicsburg, PA 17055 EYHIBIT A IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW NO. 2543 CIVIL 1990 IN REM PROCEBB OF 6ER9ICE COMMONWEALTH OF PENNSYLVANIA: ll -- ~ SS COUNTY OF !~C~~..}Q.~.i~„/' J. Jay Cooper, Assistant Solicitor for the Condemnor in the above proceedings, being duly sworn, deposes and 'says that he served Notice of the Filing of Declaration of Taking on the Condemnees as follows: Darryl & Lisa Myers 7/18/90 William & Mary Ward 7/18/90 Ronald E. Ryan 7/19/90 Alan, Herbert & Eliot Goldstein 7/19/90 Vicky A. Peters 7/23/90 Greg R. Bachman :J23/90 all in accordance with the provisions of Section 405 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article 1V, as amended, by sending such notice by certified mail, return receipt requested, to the last known address of such Condemnees. J. y oo er, squire Sworn to and subscribed before me this ~ay of ~~ , 1990. N ary Public" My C©mmission Expires -, Notarial seal FQir~e~y D. Miper, Notary PubNC ` Har-isburg, Dauphin Courriy MY Commission Expires Aug.19,1991 NkmfY3r. Permsylvania Assodation of Notaries . u- fir. r~ ': ~! } J ~ V},.nr ': ~"'~ "C7 f~1 ~~r~~ ~" ,~~~i~ x..c~ ~ ~ '*1 _~,.wprn ~ ~ _{ ~ -+C i ~ f Y IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ,7Sy3 NO. 2~45~9- CIVIL 1990 IN REM PROCE88 OF 88RVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF J. Jay Cooper, Assistant Solicitor for the Condemnor in the above proceedings, being duly sworn, deposes and .says that he caused to be served Notice of the Filing of Declaration of Taking to Mr. and Mrs. Harry B. Clem, Jr., all in accordance with the provisions of Section 405 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article 1V, as amended, by personal service made by John Granoff (a copy of a Declaration of Personal Service attached hereto) on August 13, 1990, at 11:30 a.m. at Clemm's Barber Shop, Erie Street, Dauphin, Pennsylvania. J. C per, sq ' Sworn to and subscribed before me this /3~day of , 1990. N My Commission Expires: Notarial Seal D. AMA; Notary Pr,61c Dauptti~ ~' My Commission E~iros Aug.19,1991 r ~ DECLARATIOld OF SERVICE I, John Granoff, personally served a copy of the Declaration S` . of Taking upon 1~.1-, (~ ~ ~ ., ~~- ,,v, Nl at Clemm' s Barber Shop in Dauphin, Pennsylvania on August 1~-~ , 1990, at ;y r-1 a.m./p.m. •• z DATE .-~5~3 9(~ .~ ='~ #.. Swop to and subscribed ca before me this /~~' •day of , 1990. ~ ~ .,,~ t\ ~..~.,~ n~ r John Granoff ,\ .~ N ary Publi Naariai Seal D. Miter, Notary Pubic Da~hin Courtly My Commission Expues Aug. t 9,1991 artier, Pennsylvania p~SSOdation of taxies --, `~ ~ .-~ ` , ~= r"~- ~ v ,rw~~ --,~ ~ 0 ~-~XT! YF. ~ ~ Al "~7Dt -ti ~' IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM ALAN GOLDSTEIN, HERBERT GOLDSTEIN and ELIOT GOLDSTEIN, Plaintiffs vs. HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM ORDER APPOINTING BOARD OF VIEW AND NOW, this ~ day of ____^^, 1990, upon consideration of the within Petitioners, Alan Goldstein, Herbert Goldstein and Eliot Goldstein, condemnees, the Court appoints: ~~~ ~~ ~~ . ~~~~ / a ri !r/ • ~/~2'~'uc-ate. , as a Board of View to assess damages in the condemnation in this case, and further orders that said Board perform its duties in accordance with the laws and Acts of Assembly so provided; to wit, 26 P.S. 1-201, et seq. BY THE COURT: C-.~~ ~ -.- ,c.~x~oa akai~~ ~7'~„~ ~~~l.~MOH14ad 3~Zj0 ~~i~~o-4~?t~ -, IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM ALAN GOLDSTEIN, HERBERT GOLDSTEIN and ELIOT GOLDSTEIN, Plaintiffs vs. HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2543 CIVIL 1990 IN REM PETITION FOR APPOINTMENT OF VIEWERS 1. On July 13, 1990 a Declaration of Taking was filed by plaintiff against defendant condemnor, Hampdent Township, Cumberland County, PA. 2. No Preliminary Objections to the taking were filed, or if filed, remain undisposed of. 3. The condemnees are Alan Goldstein, 2188 Carol Drive, Harrisburg, PA, Herbert Goldstein, 2900 Parkside Lane, Harrisburg, PA and Eliot Goldstein, 2408 Bayberry Drive, Harrisburg, PA. 4. Plaintiffs are aware of no mortgagees who have an interest in the condemned real estate. 5. The condemned real estate is situate on the south side of Salmon Road and is bounded on the north by the Conodoguinet Creek. A plot plan of subject real estate is attached hereto as Exhibit "A". ~ 1 ~ . ~ WHEREFORE, plaintiffs request the Court to appoint viewers to ascertain just compensation per 26 P.S. 1-502, et seq. YOFFE & YOFFE, P. C. ~.- ~ ~~ ~~/~~ ~- - By_ ~ _._____.______ NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiffs Suite 2412, City Towers 301 Chestnut Street Harrisburg, PA 17101 (717) 238-8261 Attorney I.D. No. 07135 I, ALAN GOLDSTEIN, one of the plaintiffs-condemnees verify that the statements made in this Petition for Appointment of Viewers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. I ALAN GOLDSTEIN Plaintiff-Condemnee •s _w., ,~ o ~ Q-, ,a -n -~ ~... ~ .«, ~~~ ~ ~~~ x~~ ' ~~ . ~~ ~ ' - ~ -i "~~t • .~ IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. ~ ~ ~~ CIVIL 1990 IN REM MEMORANDIIM OF RECORDING TO: PROTHONOTARY OF CUMBERLAND COUNTY Please be advised that in accordance with the provisions of the Eminent Domain Law of 1964, you are hereby notified that Notice of the Filing of the Declaration of Taking to the above term and number is of record in the Office of thep+Recorder of Deeds of Cumberland County in Miscellaneous Book 0~ , Page -1~-~--. J. Jay oo Esgui e Assistant Solicitor Hampden Township Sewer Authority DATE : `"~_ ' 7j -~ i IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. ~//// CIVIL 1990 ~57~ IN REM DECLARATION OF TARING The Hampden Township Sewer Authority, a municipal authority organized under the laws of the Commonwealth of Pennsylvania, files this Declaration of Taking and specifically declares as follows: 1. The condemnor is Hampden Township Sewer Authority, whose office and principal place of business is located at 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. This Declaration is filed pursuant to authority of Section 11 of the Municipality Authorities Act of May 2, 1945, P.L. 382 (53 P.S. 314). 3. This Declaration is made by virtue of Resolution duly authorizing the taking adopted by the Hampden Township Sewer Authority at a meeting held on July 11, 1990, at the above mentioned office of condemnor, at will appear by reference to the minutes of said meeting filed at the aforesaid office of the Authority, where record of the adoption of the Resolution may be examined. ~ s ~ i 4. The purpose of this condemnation and this Declaration of Taking filed incident thereto is to secure easements for the Hampden Township Sewer Authorty, which easements are needed for the construction and installation of a sanitary sewer system. 5. Attached hereto as Exhibits "A" - "G" and made a part hereof are plans and descriptions of the easements necessary to be procured for the construction of said sanitary sewer system. The properties on which such easements are located is in the Township of Hampden, Cumberland County, Pennsylvania; and copies of aforementioned plans are, as of the date hereof, being filed in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, as amended. 6. The nature of the title acquired are easements over, across and through the properties described for the purpose of constructing, erecting and maintaining the aforesaid sewer system. 7. A plan describing the land hereby condemned is available and may be inspected at the office of the Authority, 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania. - 2 - 8. Compensation has been secured to the condemnees by the posting of bond without surety in accordance with Section 403(a) of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, [26 P.S. 1-403(a)], as amended. ATT88T: HAIYiPDEN TOWNSHIP SEWER AUTHORITY ~-'''~ By - 3 - i COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~-~~0+~-~-'~- 1 Personally appeared before me, a Notary Public in and for said County and State, WILLIAM H. TAYLOR, who, being duly sworn according to law, deposes and says that he is the Chairman of the Hampden Township Sewer Authority, a municipality authority, that he is authorized to make this Affidavit on behalf of such Authority, and that the facts set forth in the foregoing Declaration of Taking, so far as they are within his personal knowledge, are true and correct, and as to the facts based upon the information of others, he believes them to be true and correct. ..~--~ William H. ylor, Chairman Sworn to and subscribed before me this 1~~ day of c~~t.(,~.aG-, - 1990. rx~1,~.,u~.c. ~. ~.. ,'" No ary Publ c My Commission Expires: Notarial seal D. Miier, Notary Pubic ~, Dauphin CourdY My commission Expires Aus.19,1 s91 Member, Pennsylvania Association of Notaries BOND WITHOUT SURETY KNOW ALL M8N BY TH$SE PRS8LNT8, that Hampden Township Sewer Authority, a municipal authority organized and existing under the laws of the Commonwealth of Pennsylvania (hereinafter called "Obligor"), is held and firmly bound unto the Commonwealth of Pennsylvania (hereinafter called "Obligee)), for the use and benefit of the owner or owners of the properties condemned as hereinafter noted and all other property and parties in interest for such amount of damages as the said owner or owners of said properties and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law because of securing easements across the properties set forth in the attached Exhibits "A" - "G" for the purpose of constructing, installing and maintaining a sanitary sewer system. To which payment well and truly to be made the Obligor does bind itself and its successors and assigns firmly by these presents. Sealed with its corporate seal and duly executed this 11th day of July, 1990. NOW, the condition of this Bond is such that if the Obligor herein shall pay or cause to be paid such amount of damages as the said owner or owners of the properties in interest shall be entitled to receive by reason of the condemnation, after the same A shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. ATTEST: Secreta y HAMPDEN TOWNSHIP BEIIER AUTHORITY By ai n • A 90-1 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM GREG R. BACHMAN BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on an easterly line of property of Greg R. Bachman, said point being distant 74.39 feet and measured in a southwesterly direction along said easterly line from the northeasterly corner of the aforesaid Bachman property; thence northwestwardly into the aforesaid Bachman property the following two distances: 8.32 feet to a point (S14) and 10 feet to the end of said right-of-way. -The above described line being a line within a permanent easement having a width of up to 15 feet on the north side and a width of 10 feet on the south side of said line. Total length of right-of-way on property, 18.32 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "A" 90-4 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM VICKI V. CLEMM AND HARRY B. CLEMM, JR., HER HUSBAND BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on an easterly line of property of Vicki V. and Harry B. Clemm, Jr., said point being S 500 26' W, 19.36 feet from an easterly corner of said Clemm property; thence through the aforesaid Clemm property N 360 41' 46" W, 110.68 feet to a point (S12); thence N 520 44' 05" W, 10.19 feet to a point on a westerly line of the aforesaid Clemm property, said point being distant 65.95 feet and measured in a southwesterly direction along said westerly line from a northwesterly corner of the aforesaid Clemm property. The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet on both the north side and south sides of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 120.87 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "B" SEARS RUN ROAD 33' R/w S 62° 04' E 120' ROAD RIW ~ VICKI V. CLEMM AND o HARRY B. CLEMM, JR., HER HUSBAND I ~ DEED REF. C-24-863 HOUSE N/F PETERS ~ ~ a. 2 I s f ~~'~~` ~ ~~~r s~wf~ ~f lZ r ~ ~ 3~'~~ ~"~ f NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE° I` • 30' PLAN SHEET 2 TAX MAP RAF. ~ 18-1314-031 TOTAL LENGTH OF R/w ON PROPERTY ~ 120.87' N WI m of N ~I cc POINT OF BEGINNING ~7°07'46' N/F GOLDSTEIN SEWER R16HT-OF-WAY TO BE ACQUIRED FROM VICKI V. CLEMM AND HARRY B. CLEMM, JR., HER HUSBAND OF HAMPDEN TWP., CUMBERLAND CO. BY HAMPDEN TOWNSHIP SEWER AUTHORITY HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT_FLEMING, INC. HARRISBURG, PA. NAY 1990 90-4 90-5 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM ALAN, HERBERT AND ELIOT GOLDSTEIN BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on the northerly line of property of Alan, Herbert and Eliot Goldstein, said point being S 50026'W, 19.36 feet from a northerly corner of said Goldstein property; thenca S 36041'46"E through the aforesaid Goldstein property the following two distances: 61.59 feet to a point (S11) and 15.00 feet to a point on a southerly line of the aforesaid Goldstein property, said point being distant 2.20 feet and measured in a southwesterly direction along said southerly line from the intersection of said southerly line with the westerly right-of-way line of Salmon Road. The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet on both the east and west sides of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 76.59 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "C" N/F CLEMM yI ~' ~I E N N sal yoy ~~~' ~Pp7 \,Q. . _ O 8T OT46' ' POINT OF BE6INNIN6 ~ 0 rFwPo~~~r sf~F~ ~~~ \: r - /~•' N/F HARD C'O,y~Oo ~~, 6'pyF~ c9~F~' r EL OT' GO DSTEIN ND ~~' DEED REF. S-31-133 NOTE SEMVfR RIGHT--OF-WAY THIS PLAT REFLECTS THE ACCURACIES OR TO BE ACQUIRED FROM INACCURACIES OF THE DEEDS OF RECORD ALAN, HERBERT AND AND IS TO BE USED FOR SETTLEMENT ELIOT GOLDSTEIN PURPOSES ONLY. OF HAMPDEN TWP., CUMBERLAND CO. sr scALEi I••3o' HAMPDEN TOWNSHIP SEWER AUTHORITY PLAN SNEET~ 2 HAMPDEN TOWNSHIP TAX MAP REF. • 18-1314-032 TOTAL LENGTH OF R/^ CUMBERLAND COUNTY, PENNSYLVANIA ON PROPERTY ~ T6.59' GANNETT FLEMING, INC. HARRISBURG, PA. JUNE 1990 90-5 90-2 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM DARRYL L. MYERS AND LISA S. SINGER MYERS HUSBAND AND WIFE BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on an easterly line of property of Darryl L. and Lisa S. Singer Myers, said point being S 350 W, 80.40 feet from the northeasterly corner of said Myers property; thence through the aforesaid Myers property N 670 36' 04" W, 20.05 feet to a point (S13); thence N 590 33' 0" W, 74.81 feet to a point on a westerly line of the aforesaid Myers property, said point being distant 74.39 feet and measured in a southwesterly direction along said westerly line from the northwesterly corner of the aforesaid Myers property. The above described line being within a permanent easement having a width of 15 feet on the north side of said line, excepting that length near the concrete pad where the width narrows and having a width that varies from 15 feet to 10 feet on the south side of said line. Also include on the north side of the permanent easement from the easterly property line to the concrete pad is an additional width of 10 feet for the purposes of construction only. Total length of right-of-way on property, 94.86 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "D" ~ ROAD I I I N/F BACNMAN I M ti SEARS RUN ROAD 33' R/W WESTWARDLY 57.5' S 64° 15' E 25' ' S 64°IS' E 25' ~ ~~ ~ r ~ DARRYL L. MYERS AND ~ ~ ~ ~ w ~ LISA S. SINGER MIYERS, T ~ DEED REF. ~ DEED REF.• o - HUSBAND AND WIFE ~~ G-33-918 ~W 862 ~ I 0-33 DEED REF. G-33-918 TRACT No l °~ TRACT No. 2 I~ M o ~ N/F PETERS . ~~~° ~~" r o I ~ ~M ~ NOUSE ~ a HOUSE ~: O j T~~~ ____w-- r sE~a Rl1i -~ / ; CONC. PAD ~ h ~~~.~ ~ ~ / I / ~ iti'S~'~ BEG NN NG ~ :~ Std ~ s~ 3J3 ~_... ;,• 102°36'04" a W D J 0 I~ 3 I= 0 I~ II 8.32 ~, S14 CONODOGUINET CREEK NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE I" • 20' PLAN SNEET~ 2 TAX MAP REF. ~ 18-1314-027, 028 >l 029 TOTAL LENGTH OF R/M ON PROPERTY ~ 94.86' SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM DARRYL L. MYERS AND LISA S. SINGER MYERS, HUSBAND ANO WIFE OF HAMPDEN TWP., CUMBERLAND CO. BY HAMPDEN TOWNSHIP SEWER AUTHORITY HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT FLENING, INC. HARRISBURG, PA. MAY 1990 90-2 . .- 90-3 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM VICKY A. PETERS BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on an easterly line of property of Vicky A. Peters, said point being S 42o W, 82.45 feet from the northeasterly corner of the aforesaid Peters property; thence through the aforesaid Peters property N Slo 58' 04" W, 64.70 feet to a point on a westerly line of the aforesaid Peters property, said point being distant 80.40 feet and measured in a southwesterly direction along said westerly line from the northwesterly corner of the aforesaid Peters property. The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet on both the north side and south sides of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 64.70 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "E" fE ROAD M/I NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCAIE~ I' • 20' PLAN SHEET 2 TAX MAP REF. ~ IB-1314-30 TOTAL LENGTH OF R/MI ON PROPERT`(~ 64.70' SEARS RUN ROAD 33' R/W S 56°04' E 53' NAIL 'F CLEMN ' OF ININ6 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM VICKY A. PETERS OF HAMPDEN TWP., CUMBERLAND CO. BY HAMPDEN TOWNSHIP SEWER AUTHORITY HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT FLEMING, INC. HARRISBURG, PA. NAT 1990 ' I 90-3 VICKY A. PETERS DEED REF. U-33-391 90-6 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM RONALD E. RYAN BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on an easterly line of property of Ronald E. Ryan, said point being distant 173.50 feet and measured in a southwesterly direction along said easterly line from the northeasterly corner of the aforesaid Ryan property; thence northwestwardly through the aforesaid Ryan property 101.0 feet to a point on the westerly Ryan property line, said point being distant 155.00 feet and measured in a southwesterly direction along said westerly line from the northwesterly corner of the aforesaid Ryan property. The above described line being the center line of a permanent easement of a total width of 30 feet with the southerly side extending into an existing ingress and egress right-of-way. Also included along the entire length is an additional width of 10 feet on both the north side and south sides of the permanent easement for the purposes of construction only. The additional 10 feet on the south side being in an existing ingress and egress right-of-way. Total length of right-of-way on property, 101.0 linear feet.. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "F" ~. OLD ~ ROAD N/F HAMPDEN TOWNSHIP ~ 0 W "' O O O •~ ~ C H'! C N J O CG W Os ~ I 1,-• ~ N I ",' 3 ~_ O N I I ~ I I 13.5' ADDITIONAL DEDICATED R/W . ----- Is.s' ORR'S BRIDGE ROAD NORTHWARDLY 100' (DEED) -IS.S' RONALD E. RYAN DEED REF. D-27-492 DI O W ~ N/F HAMPDEN TOWNSHIP W f M O ti tl O i O N ...1 O I ~ ~ W ,.,j H I N N W F~ O I i '~~~ I~~~ ~ ~ ~4# ASS:':. ~~f4R':4~' '~~~~:•Rt~:••::•;:~: CONODOGUINET CRE... .:..: •..:.::::::: EK _s~ NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLENENT PURPOSES ONLY. SCALE° I' - 30' PLAN SHEET I TAX MAP REF. ~ 19-1598-118 TOTAL LENGTH OF R/W ON PROPERTY ~ 101.0' SEWER R16HT-OF-WAY TO BE ACQUIRED FROM RONALD E. RYAN OF HAMPDEN TWP., CUMBERLAND CO. Br HAMPDEN TOWNSHIP SEWER AUTHORITY HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT FLENING, INC. HARRISBURG, PA. NAT 1990 90-6 POINT OF BEGINNING 90-7 SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM WILLIAM C. WARD AND MARY C. WARD, HIS WIFE BY HAMPDEN TOWNSHIP SEWER AUTHORITY BEGINNING at a point on the northerly line of William C. and Mary C. Ward, said point being distant 2.20 feet and measured in a southwesterly direction along said northerly line from the intersection of aforesaid northerly line with the westerly right-of-way line of Salmon Road; thence southeastwardly through the aforesaid Ward property 6.50 feet to a point on the westerly right-of-way line of Salmon Road, said point being distant 7.00 feet and measured in a southeasterly direction along said westerly road right-of-way line from the intersection of the northerly Ward property line with said westerly Salmon Road right-of-way. The above described line being within a permanent easement having a variable width on the east side of said line and having a width of up to 15 feet on the west side of said line. Also included along the entire length is an additional width of 10 feet on the west side of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 6.50 linear feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. EXHIBIT "G" sl . s N/F COLDSTEIN TRACT M..I NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEEDS OF RECORD AND IS TO BE USED FOR SETTLENENT PURPOSES ONLY. SCALE I" • 30' PLAN SHEET 2 TAX MAP REF. ~ 18-1314-044 TOTAL LEN~TN OF R/ ^ ON PROPERTY ~ 6.50' ~y a ~~ \9~~ `??~~ BECINN N6 ,. oo" N/F ~ 60LDSTEIN/' SEWER R16HT-OF-SAY TO BE ACQUIRED FRON WILLIAM C. WARD AND MARY C. WARD, HIS WIFE OF HAMPOEN TWP., CUMBERLAND CO. BY HAMPOEN TOWNSHIP SEVER AUTHORITY HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT PEENING, INC. HARRISBURG, PA. JUNE 1990 90-7 CLEMM I N I II`~ I ORBS BR/ s ~~ R~~D .y y 4~S"F~ ~~ WILLIAM C. WARD AND ~, _ MARY C. WARD, NIS WIFE DEED REF. X-30-241 ~° ~, TRACT Mo. 2 N ~~ ~~ ~ n i N ~ N/F WARD bl: . .- COMMONWEALTH OF PENNSYLVANIA ~ SS ' /~ 7 COUNTY OF ~!~-L-~~=~~'`-''~'' On this ~~ ~~ day of July, 1990, before me, a Notary Public, personally appeared WILLIAM H. TAYLOR, who acknowledged himself to be the Chairman of Hampden Township Sewer Authority, a municipal authority, and that he as such Chairman, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Authority by himself as Chairman. IN WITNE88 WHEREOF, I have hereunto set my hand and official seal. ti. ~ ¢~L~~ No ry Public Notarial Seal D. Miger, Notary P~t7ic ~~ ~ 1991 ~ ~~ Association Notaries ~_ c T ~ .. ~- (..1 G.~ r~A:; v°1 _.,~ _ ~ _~ o ~ ~° ~° ~F ~ ~,~ .~ ~