HomeMy WebLinkAbout91-2754IN RE; CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA
AND SWAPNA, HIS WIFE! SITUATE
IN THE. BOROUGH OF CAMP HILL,
AND IN THE TOWNSHIP OF EAST
PENNSBORO, CUMBERLAND COUNTY,
PENNSYLVANIA, CONDEMNOR
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIV SIGN - LAW
o~ ~s~ - ~+
NO. CIVIL / ~~~
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
The Haorough of Camp Hill and the Township of East Pennsboro,
municipal corporation within the County of Cumberland, Pennsyl-
vania, both organized under the laws of the Commonwealth of Penn-
sylvania, file this declaration of Taking and specifically declare
as follows.
1. The Condemnor is the Boroughof Camp Hill, whose office and
principal place of business is located at 2201 Market Street, Camp
Hill, Pennsylvania 17011.
2. The Condemnor is the Township of East Pennsboro, a Township
of the First Class, whose office and principal place of business is
located at 98 South Enola Drive, Enola, Pennsylvania 17025.
3. The Declaration is filed pursuiant to the Authority of
Section 1782 of the Borough Code, Act February 1, 1966 P.L. (1965)
(53 P.S. 46782),
4. This Declaration is filed pursuiant to the Authority of
Section 1901 of the Forst Class Township Code, Act of June 24,
1931, P.L. 1206 (53 P.S. 56901).
5. This Declaration is made by virtue of an Ordinance duly
authorizing the taking adopted by the Council of Camp Hill
Borough at a public meeting held on July 10, 1991, as will appear
by reference to the minutes of said meeting filed at the afore-
said office of the Borough, where the record of the adoption of
the Ordinance may be examined. (See Exhibit uA" which is the
Ordinance No. 914).
6. This Declaration is made by virtue of an Ordinance duly
authorizing the taking adopted by the Board of Commissioners,
Township of East Pennsboro at a public meeting held on July 2,
1991, as will appear by reference to the minutes of said meeting
filed at the aforesaid office of the said Township, where the record
pf the adoption of the Ordinance may be examined. (See Exhibit "B"
which is Ordinance No. 507-91).
7. The purpose of the condemnation and this Declaration of
Taking filed incident thereto is to secure real estate to improve
the public safety at the intersection of Wynnewood Road and Coun-
try Club Road.
8. The title acquired by the Borough of Camp Hill shall be
fee simple absolute.
9. A plan of the real estate condemned is being recorded in
the office of the Recording Deeds, Cumberland County, Pennsylvania
and will be recorded the same date as the filing of this Declaration
of Taking in accordance with Section 404 of the Eminent Domain Code
(26 P.S. 1-440). A copy of said plan is attached hereto and marked
Exhibit "C" and is also available for examination in the said offices.
of the-Borough of Camp Hill and Township Of East Pennsboro.
10. Under Section 403(b) of the Eminent Domain Code (26 P.S.
1-403(b)), the power of taxation granted to the Borough of Camp
Hill and TOwnship of East Pennsboro by the General Assembly is suf-
-2-
ficient to secure just compensation for the appropriate of the
real estate described herein.
11. Pursuiant to Section 405(d) of the Eminent Domain Code
(26 P.S. 1-405(d)), a conformed copy of this Declaration of
Taking, together with the information and notice required under
Section 405(c) of the Eminent Domain Code (26 P.S. 1-405(c)}, will
be served upon the Condemnee in these proceedings.
Wherefore the Borough of Camp Hill and the Township of East
Pennsboro declare the within premises condemned and appropriated
for the public purpose above mentioned.
Dated: ~ 3 J
Dated: r~J
uonn L . 5nyaer,~ESgTiire
315 North Front Street
Harrisburg, PA 17101
(717) 236-937?
Solicitor, Borough of
Camp Hill
Henry F. Coy e, Esquire
3901 Market treet
Camp Hill, PA 17011
(717) 737-0464
Solicitor, Township of
East Pennsboro
-3-
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
And now this / 3 day of _ , 1991, Andrew C.
Janssen, Manager of the Borough of Camp H 11, being duly sworn according
to law, states that the facts contained in the aforementioned documents
are ture and correct to the best of his knowledge, information and belief.
Andrew C. Janssen
Manager, Borough of Camp Hill
Sworn and subscribed to
before me this ~_ day
of 1991.
. ~ .,~„rC ~-ec~
L Notary Publ c
PJATALIE A.0 KLEE,L OTARY PUBLIC
CAMP HILL BORO. CUMBERLAND CO.
MY ION EXPIRES JUNE 17, 1993
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
And now this ~"""day of .(/i7~ _, 1991, Robert
L. Gill, Manager of the Township of East Pennsboro, being
duly sworn according to law, states that the facts contained
in the forementioned documents are true and correct to the
best of his knowledge, information and belief.
r
Robert L. Gill, Manager
East Pennsboro Township
Sworn and subscribed to
before me this ~~ aaY
of _ ~; 1991.
,~~
Not ary Pub c
(SEAL NOTARIAL SEAL
~ EILEEN B. COYNE, NOTARY PUBLIC
CAMP HILL BORO. CUMBERLAND CA.
MY COMMISSION EXPIRES JUNE 26. 1992
.~
06i27i1991 11 04 BCISWELL TINTNER & PICCOLA 7i7 236 9316
P. 01
REC~~V~~'p
JUL 2 ~ 1991
RfI~,~Y F. COYNE
aRDrI~AN~cg No. g 2 .~
~~
AN ORDi1rANCS OF THa BOltOVCNt pp GA![~ HiLL, cUilBSRLApp
pYLYANIA, AUTHORIZING TNS 8eL$C'1'IOl1 AND ~~Y'
BQVARB i-ssr, N~4RS oR LsBB Oir APPROPRiATxOlt olr 636
BSCTIOI~ "C~, pAR[ HILLR RSCO ~; BSINCi pARY OF LOT NO 18,
~ THB BOR i _ RDED Ip PLAN BOOS 8 , PARS 9S = B ITUA'i'S
PROPOgED 'oR TiBtOFiO N LL, cui~esRLANO COUNTY, P~-BVLVANIA, is
OE tiY~gOpD RQAD AND T OF PUBLIC gAFin'Y A7 TNS iN1'sRBBCTION
COt1NTRY CLUB ROAD.
Hg IT SNACTSD AND ORDAiNaD by the Council of the Boroush
of Caap Nill and it i• hereby enaoted snd ordained by tha Authority
o! saps;
8e°tloa is Ey virtue and in
Pursuana• of the~Authority vested
in it by Avts of the tisr-eral Avvesbly, tha Counaii o! the 9oroush
of Camp Hiil hereby e~uthoriaea the eeitation and appropriation o!
tha folloains deeoribed paroel o! around in ordQr to improve the
public salety at the intereaotion at Wynnewood Road end County
Club Read, to sit: Ali that y
vertain traot or paroai o! land
eituatq in the 8vroust, at Camp Hill, Cumberland County,
pennsyisrania, more partioularly bounded and dvsoribad as tailaae:
B~rsinnina .at a point on the PtnoterlY line at Wynneapod Road, at
a-ands •n4*~ or !'grmer2y o! l~rasmd Osvauy~ta eaei Raapna Tiaeaupta, hie
wile; thence by a curve to the right, having a radius of gp teatf
en arc dietanoe o! 59.89 last to a point on the sane •ide of said
Road; thence by same, N 4io 39* b7+ g, a distance of $1.76 feet to
a point on the proposed Easterly line of Country Club Roed~ thQnoe
~~ .
TOTAL P.01
~X ~l~,i~
06/27/1991 11.02 BOSWELL TINTNER & PICCOLA 717 236 9316
- ~ ` P. 06
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1
by lands of eafd Daegupta•, N 60' 17' g, a dietanoe a! 4.79 tact to
a point; thence by lands of said dnsguptas, by ourve to the right,
havins a radius of 31.0.0 tvet; nn aro dietnnoe of 61.09 feet to a
point, the plane o! HeEinnfnR.
Beinp~ part of Lot lio. 18, Beation "C", park Hille, Mhioh ie
reworded in Plan Book A, Pate 33, Cuaberland County Recorder of
Deeds Ottfoe.
Being part of thv scan prasieee which Carole H. Young and John
S. Young, her•hueband, by thair deed, dated Juty la, 1981, and
• revordvd in the Cusbwrland County Recorder of Deeds in Deed
Hook 29-M, Page 406, granted end conveyed unto Pra•ad Daegupta and
' Bwapna Dasgupta, his Mite. Containing 636 square feet of land,
sore or iwre.
8sotipn Z: The Solicitor to the Council o! Caap Hiil
Borouoh i• authorised and dirwdted to•prepare and liie aith the
court a lHealeratfon of Takfng tar the :elevtion and appropriation
of the herein above deevribed real estate and to take any avtion
that nay be necessary ar desirable to carry out the intent and
put'pvvw• of this Ordinl~nov.
~Q~f~ ~.~: The Harourri ehnll acquire tva simple title and
upon aoquieition to use the real property tv iaprove thv public
eatery at the i~nter•wotion of Wynnewood Road and Country Ciub
Road.
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2
06/27/1991 11 02 BOSWELL TINTNER 8 PICCOLA 717 236 9316
'" w
l
~Se~tio 4_ ThQ amount o! damages, when aaoertaintd and
assessed, shall bR oharged against preoerit or future appropriations
to the Highway Dwpartment !or public pafety purp ees_
~naoted and Ordained thfs .L._.~ day o! ~
1991.
ATTE87: COUNCIL OF THS AOROUGIH OF
CAt~ HILL
8edxetary President
Approved thin ~~ day a!
3
191.
Borough o~ Casp Hi11
TOTAL P.07
..
e
ORDINANCE NO. ~O''I' gl
AN ORDINANCE OF THS TOWNSHIP OF BAST PSNNSBORO, CUIYBSRLAND COUNTY,
PENNSYLVANIA, AUTHORIZING THE SELECTION AND APPROPRIATION OF 636
SQUABS FELT, PIORS OR LESS, OF LAND; BEING PART OF LOT NO 18,
SECTION "C", PARg HILLS; RECORDED IN PLAN HOOK 8, PAGE 33; SITUATE
IN THS BOROUGH OF CA1~IP HILL, CUIKBSRLAND COUNTY, PENNSYLVANIA, IS
PROPOSED FOR THS I1'SPROVB1iSNT OF PUBLIC SAFETY AT THE INTERSECTION
OF WYNNEWOOD ROAD AND COUNTRY CLUB ROAD.
BE IT ENACTED AND ORDAINED by the Board of Commissioners of
the Township of East Pennaboro and it is hereby enacted and
ordained by the Authority of same:
Section 1: By virtue and in pursuance of the Authority vested
in it by Acts of the General Assembly, the Board of Commissioners
of East Pennsboro Township hereby authorizes the selection and
appropriation of the following described parcel of ground in order
to improve the public safety at the intersection of Wynnewood Road
and Country Club Road, to wit: All that certain tract or parcel of
land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
Beginning at a point on the Easterly line of Wynnewood Road, at~
lands now or Formerly of Prasad Dasgupta and Swapna Daagupta, his
wife; thence by a curve to the right, having a radius of 30 Peet;
an arc distance of 59.59 feet to a point on the same aide of said
Road; thence by same, N 41° 39' 4?' E, a distance of 21.76 Peet to
a point on the proposed Easterly line oP Country Club Road; thence
~....X
t 1 Q ~~
by lands of said Dasguptas, N 60' 17' E, a distance of 4.79 feet to
a point; thence by lands of said Dasguptas, by curve to the right,
having a radius of 310.0 Peet; an arc distance of 61.09 feet to a
point, the place of Beginning.
Being part of Lot No. 18, Section "C", Park Hills, which is
recorded in Plan Book 8, Page 33, Cumberland County Recorder oP
Deeds Office.
Being part of the same premises which Carole B. Young and John
E. Young, her husband, by their deed, dated July 15, 1981, and
recorded in the Cumberland County Recorder of Deeds in Deed
Book 29-M, Page 406, granted and conveyed unto Prasad Dasgupta and
Swapna Dasgupta, his wife. Containing 636 square feet of land,
more or leas.
Section 2: The Solicitor to the Board of Commissioners is
authorized and directed to prepare and file with the court a
Declaration of Taking for the selection and appropriation of the
herein above described real estate and to take any action that may
be necessary or desirable to carry out the intent and purposes oP
this Ordinance.
Section 3: The Township shall acquire fee simple title and
upon acquisition to use the real property to improve the public
safety at the intersection of Wynnewood Road and Country Club
Road.
2
v
Section 4: The amount of damages, when ascertained and
assessed, shall be charged against present or future appropriations
to the Highway Department for public safety purposes.
r;
Enacted and Ordained this day of ~,~~~~'
1991.
ATTEST;
~ , .~. ~~
.~,
_, ~~~t,l,i, ;'.~• ~'~~.'_ ~ ~
Secretary
3
TOWNSHIP OF EAST PENNSBORO
BOARD OF COMMISSIONERS
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IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE;
SITUATE IN THE BOROUGH OF
CAMP HILL, CUMBERLAND COUNTY,
PENNSYLVANIA; BY THE BOROUGH OF
CAMP HILL AND THE TOWNSHIP OF
EAST PENNSBORO, CONDEMNORS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NO p17~~/ CIVIL 1991
IN REM (EMINENT DOMAIN)
MEMORANDUM OF FILING NOTICE
OF CONDEMNATION IN THS
RECORDER OF DEEDS OFFICE
To The Prothonotary:
Notioe of the above captioned condemnation has been recorded
in the Cumberland County, Pennsylvania, Recorder of Deeds Office
in Deed Book G ", Volumne ~_
Dated:
Dated: ~ ~ /
Page Sap ,
n nyd s e
315 North Front reet
Harrisburg, PA 17101
(717) 236-9377
Solicitor, Borough of
Camp Hill
Henry F. Coy e, Esquire
3901 Market Street
Camp Hill, PA 17011
(?17) 737-0464
Solicitor, East Pennsboro
Township
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IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE,
SITUATE IN THE BOROUGH OF CAMP
HILL, CUMBERLAND COUNTY,
PENNSYLVANIA; BY THE BOROUGH OF
CAMP HILL AND THE TOWNSHTP OF .
EAST PENNSBORO, CONDEMNERS
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2754 CIVIL 1991
CIVIL ACTION - LAW
IN REM (EMINENT DOMAIN)
PRp,ECIPE
Please enter my appearance on behalf of Prasad Dasgupta and
Swapna Dasgupta, Condemnees in the above-captioned matter.
STROKOFF & COWDEN,,P.C.
~'
By ~ -~/
Elliot A. trokoff, E quire
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
(717)233-5353
I.D. #: 16677
.•
DATED: December 10, 1991
~ ~
CERTIFICATE OF SERVICE
I, ELLIOT A. STROKOFF, ESQUIRE, certify that I have this day
served a true and correct copy of the foregoing document by first
class mail, postage prepaid, on the following persons, addressed
as follows:
Donn L. Snyder, Esquire
Solicitor, Borough of Camp Hill
315 North Front Street
Harrisburg, PA 17101
Henry F. Coyne, Esquire
Solicitor, East Pennsboro Township
3901 Market Street
Camp Hill, PA 17011
William L. Sunday, Esquire
39 West Main Street
Mechanicsburg, PA 17055
STROKOF ~ OWDEN, P.C.
/ ~.
Elliot A. Strokoff Esquire
132 State Street/
P.O. Box 11903
Harrisburg, PA 17108
(717)233-5353/
DATED: December 10, 1991
P . ` ~
STROKOFF & COWDEN, P.C
ATTORNEYS AT LAW
132 STATE STREET
P. O. BdX 11903
HARRISBURG, PENNSYLVANIA 17108
ELLIOT A. STROKOFF
JAMES L. COWDEN ~-s
CATHI L. RADNER' '
' Also Admitted In Maryland
December 10, 1991
Lawrence E. Welker, Prothonotary
Cumberland County Courthouse
South Hanover Street
Carlisle, PA 17013
TELEPHONE
(717) 233-5353
TELECOPIER
(717) 233-5806
IN RE: Condemnation of Portion of Lands of Prasad Dasqupta and
swapna Dasqupta, His Wife
No. 2754 Civil 1991 (Eminent Domain)
Dear Mr. Welker:
Enclosed for filing please find a Praecipe to enter my
appearance in the above matter. I have enclosed an extra copy and
request that it be time-stamped and returned to me in the enclosed
self-addressed stamped envelope.
Thanks for your cooperation.
Very truly yours,
S/TROK~~' & OWDEN, P . C .
/ 1 ~ /~/ ,~
Elliot A. Strohoff
EAS/gma
Enclosure
cc: Donn Snyder, Esquire
Henry Coyne, Esquire
William Sunday, Esquire / ~
C~Op~T
~~"
a~
3801 M.-aaaT 3raaar ~ .~' ^
CeMr Hu,L, PA 17011 ~ r/~^~ .
(717) 737-04A4 ~- ~'~" J~rJ a.~~
IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE:
SITUATE IN THE BOROUGH OF CAMP
HILL, CUMBERLAND COUNTY,
PENNSYLVANIA; BY THE BOROUGH
OF CAMP HILL AND THE TOWNSHIP
OF EAST PENNSBORO, CONDEMNORS
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL
DIVISION LAW, N0. 2754,
CIVIL 1991
IN REM (EMINENT DOMAIN)
ORDER APPOINTING BOARD OF VIEWERS
~s~~ S ~ --
AND NOW, this day of
1991, upon the consideration of the Petition of Condemnors,
the Borough of Camp Hill and the Township of East Pennsboro,
the Court appoints:
.LC ~' .xC,[. ~u~~~ /~'~ ,LC.~~..~ , Chairman
~,
Yom`-~ nc.~~~~. L. ~C-C!F,c~
r
as a Hoard of Viewers to assess damages in the condemnation
and further orders that the said Board of Viewers perform
its duties in accordance with the law and Acts of Assembly
and who shall view the pxoperty, hold hearings and file a
Report as required by existing law and the Rules of this
Court.
BY THE COURT
'-1
~-
P.J:
IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE:
SITUATE IN THE BOROUGH OF CAMP
HILL, CUMBERLAND COUNTY,
PENNSYLVANIA; BY THE BOROUGH
OF CAMP HILL AND THE TOWNSHIP
OF EAST PENNSBORO, CONDEMNORS
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL
DIVISION LAW, N0. 2754,
CIVIL 1991
IN REM (EMINENT DOMAIN)
ORDER APPOINTING BOARD OF VIEWERS
off' o~/~ ~ ~_.._
AND NOW, this day of ~
1991, upon the consideration of the Petition of Condemnors,
the Borough of Camp Hill and the Township of East Pennsboro,
the Court appoints:
Chairman
1CJ~~..~ ~ ~ ~~if.c~
as a Hoard of Viewers to assess damages in the condemnation
and further orders that the said Board of Viewers perform
its duties in accordance with the law and Acts of Assembly
and who shall view the property, hold hearings and file a
Report as required by existing law and the Rules of this
Court.
BY TIDE COURT
-~~.~ F
P.J:
is, wa Z~ h `,~ a~~
~,
~~, s~~ 3~o a~ +'o f -
IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE:
SITUATE IN THE BOROUGH OF CAMP
HILL, CUMBERLAND COUNTY,
PENNSYLVANIA: BY THE BOROUGH
OF CAMP HILL AND THE TOWNSHIP
OF EAST PENNSBORO, CONDEMNORS
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL
DIVISION LAW, N0. 2754,
CIVIL 1991
IN REM (EMINENT DOMAIN)
PETITION OF CONDEMNORS FOR THE APPOINTMENT
OF A BOARD OF VIEWS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition 6f the Borough of Camp Hill and the
Township of East Pennsboro, Condemnors, by their undersigned
respective counsel, represents:
1. Condemnors are the Borough of Camp Hill, whose
office and principal place of business is located
at 2201 Market Street, Camp Hill, Pennsylvania
17011; and the Township of East Pennsboro whose
office and principal place of business is located
at 98 South Enola Drive, Enola, Pennsylvania
17025.
2. On August 13, 1991, Condemnors filed a Declaration
of Taking in this proceeding. A copy of the
Declaration of Taking is attached as Exhibit "A".
No Preliminary Objections to the Declaration of
Taking have been filed.
3. The names and addresses of all Condemnees known by
Condemnors to have an interest in the condemned
real estate, set forth in the Declaration of
Taking are:
Prasad Dasgupta and
Swapna Dasgupta, His Wife
111 Fairview Drive
Camp Hill, Pennsylvania 17011
4. A description of the condemned real estate are
fully set forth in Ordinance No. 914 of the
Borough of Camp Hill approved on July 10,1 991 and
Ordinance No. 507-91 of the Township of East
Pennsboro approved on July 2, 1991. Copies of
said ordinances are included in the Declaration of
Taking along with a plan showing the taking of
approximately 636 square feet.
WHEREFORE, the Condemnors, the Borough of Camp Hill and
the Township of East Pennsboro, respectively, pray that Your
Honorable Court appoint three views to assess the damage to
which the Condemnee is entitled, if any, arising from the
above condemnation..
Dated:
nn L. Sn d r, E ire
315 North Front S eet
Harrisburg, PA 17101
(71?) 236-9377
Solicitor, Borough of
Camp Hill
Dated : ~ 6 i
-~ Henry F. Co ne, Esquire
3901 Market Street
Camp Hill, PA 17011
(71?) 73?-0464
Solicitor, East Pennsboro
Township
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
ow this ! ~ da of ~~ ~ ~ ~° ,
And n Y ~ 1h ~'C
1991, Andrew C. Janssen, Manager of the Borough of Camp
Hill, being duly sworn according to law, states that the
facts contained in the aforementioned documents are true and
correct to the best of his knowledge, information and
belief.
Andrew C. Janssen
Manager, Borough of Camp Hill
Sworn and subscribed to
before me this _L~ day
of 1991.
^-~
Notary Publi
(SE L ) NOTARIAL SEAL
NATALIE A. KLEE. NOTARY PUBLIC
CAMP HILL BORO. CUMBERLAND CO.
MY COMMISSION EXPIRES JUNE 17. 1993
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
And now this ~`2_~"'"`fiay of ~i~j~, ,
1991, Robert L. Gill, Manager of the Township of East
Pennsboro, being duly sworn according to law, states that
the facts contained in the aforementioned documents are true
and correct to the best of his knowledge, information and
belief.
~~
Robert L. Gill, Manager
East Pennsboro Township
Sworn and subscribed to
before me this ~~ day
of , 1991.
~~~~
Notar Publio
(SEAL)
Nornrta~ sEnt
EILEEN B. COYNE, tJ01'ARY PUBLIC
CAMP HILL BORO. CUhiBERLAND CO.
MY COMMISSION EXPIP,ES JUNE 26, 1992
~__°~' '
_ -~
~ 1.fI'
IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA AND
SWAPNA DASGUPTA, HIS WIFE;
SITUATE IN THE BOROUGH OF
CAMP HILL, CUMBERLAND COUNTY,
PENNSYLVANIA; BY THE BOROUGH OF
CAMP HILL AND THE TOWNSHIP OF
EAST PENNSBORO, CONDEMNORS
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL DIVISION - LAW
N011~ CIVIL 1991
IN REM (EMINENT DOMAIN)
NOTICE OF CONDEMNATION
T0: Mr. and Mra. Praead Dasgupta ~
111 Fairview Drive
Camp Hill, Pennsylvania 17011
In accordance with Seotion 405 of the Eminent Domain Code of
1964 (26 P.S. 1-405), the Borough oP Camp Hill and the Township of
East Pennaboro notify you that:
1. A Declaration of Taking, a copy of which is attached and
was. f i led on the ~~~day of
marked as Exhibit "A",
1991, in the Court of Common Pleas of Cumberland County,
Pennsylvania at the above number.
2. A portion of your real estate has been condemned in order
to improve the public safety at the intersection oP Wynnewood Road
and Country Club Road. Identification of your property appears on
Exhibit "C" of the Declaration of Taking.
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' MES'TIC RETURN RECEIPT p
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PS Form 3800, June 1985
sU.S.G.P.O. 1969.234-555
3. If you desire to challenge the powers or rights of the
Borough of Camp Hill and/or the Township of East Pennsboro to
appropriate the condemned real estate, the sufficiency of the
security, the procedure followed by the Condemnora, or the
Declaration of Taking, you are required to file Preliminary
Objections within thirty (30) days after being served with this
notice.
Dated:
Dated: ~~/
Certified Mail No: P 32? 944 095
315 North Front Street
Harris burg, PA 17101
(71?) 236-9377
Solicitor, Borough of
Camp Hill
Henry F. Co ne, Esquire
3901 Market Street
Camp Hill, PA 1?011
(?1?) 73?-0464
Solicitor, East Pennsboro
Township
2
' a
~"
IN RE: CONDEMNATION OF PORTION
OF LANDS OF PRASAD DASGUPTA
AND SWAPNA, HIS WIFE; SITUATE
IN THE BOROUGH OF CAMP HILL,
AND IN THE TOWNSHIP OF EAST
PENNSBORO, CUMBERLAND COUNTY,
PENNSYLVANIA, CONDEMNOR
: IN THE COUR'P OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL DIVISION - LAW
: NO. o27s~- CIVIL ~~~?
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
The Borough of Camp Hill and the Township of East Pennsboro,
municipal corporation within the County of Cumberland, Pennsyl-
vania, both organized under the laws of the Commonwealth of Penn-
sylvania, file this declaration of Taking and specifically declare
as follows.
1. The Condemnor is the Boroughof Camp Hill, whose office and
principal place of business is located at 2201 Market Street, Camp
Hill, Pennsylvania 17011.
2. The Condemnor is the Township of East Pennsboro, a Township
of the First Class, whose office and principal place of business is
located at 98 South Enola Drive, Enola, Pennsylvania 17025.
3. The Declaration is filed pursuiant to the Authority of
Section 1782 of the Borough Code, Act February 1, 1966 P.L. (1965)
(53 P.S. 46782).
4. This Declaration is filed pursuiant to the Authority of '~
Section 1901 of the Forst Class Township Code, Act of June 24,
1931, P.L. 1206 (53 P.S. 56901).
5. This Declaration is made by virtue of an Ordinance duly
authorizing the taking adopted by the Council of Camp Hill
Borough at a public meeting held on July 10, 1991, as will appear
by reference to the minutes of said meeting filed at the afore-
said office of the Borough, where the record of the adoption of
the Ordinance may be examined. (See Exhibit "A" which is 'the
Ordinance No. 914).
6. This Declaration is made by virtue of an Ordinance duly
authorizing the taking adopted by the Board of Commissioners,
Township of East Pennsboro at a public meeting held on July 2,
1991, as will appear by reference to the minutes of said meeting
filed at the aforesaid office of the said Township, where the record
pf the adoption of the Ordinance may be examined. (See Exhibit "B"
which is Ordinance No. 507-91).
7. The purpose of the condemnation and this Declaration of
Taking filed incident thereto is to secure real estate to improve ~~~~
the public safety at the intersection of Wynnewood Road and Coun-
try Club Road.
8. The title acquired by the Borough of Camp Hill shall be
fee simple absolute.
9. A plan of the real estate condemned is being recorded in
the office of the Recording Deeds, Cumberland County, Pennsylvania
and will be recorded the same date as the filing of this Declaration
of Taking in accordance with Section 404 of the Eminent Domain Code
(26 P.S. 1-440). A copy of said plan is attached hereto and marked
Exhibit "C" and is also available for examination in the said offices'
of the =Borough of Camp Hi11 and Township Of East Pennsboro.
10. Under Section 403(b) of the Eminent Domain Code (26 P.S.
1-403(b)), the power of taxation granted to the Borough of Camp
Hill and TOwnship of East Pennsboro by the General Assembly is suf-
-2-
ficient to secure just compensation for the appropriate of the
real estate described herein.
11. Pursuiant to Section 405(d) of the Eminent Domain Code
(26' P.S. 1-405(4)), a conformed copy of this Declaration of
Taking, together with the information and notice required under
Section 405(c) of the Eminent Domain Code (26 P.S. 1-405(c)), will
be served upon the Condemnee in these proceedings.
Wherefore the Borough of Camp Hill and the Township of East
Pennsboro declare the within premises condemned and appropriated
for t}~e public purpose above mentioned.
Dated: ~ 3 J
Dated: / 3 f~ (~
TRUE COPY FROM RECORD
In Teshnwny whereof, i here ltn'~? setamy hand
Thy ~i of at C2trlisle~----I~
'boffin L. Snyder,~EsgZiire
315 North Front~Street
Harrisburg, PA 17101
(717) 236-9377
Solicitor, Borough of
Camp Hill
Henry F. Coy e, Esquire
3901 Market treet
Camp Hill, PA 17011
(717) 737-0464
Solicitor, Township of
East Pennsboro
-3-
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
And now this / ~ day of _ 1991, Andrew C.
Janssen, Manager of the Borough of Camp H 11, being duly sworn according
to law, states that the facts contained in the aforementioned documents
are ture and correct to the best of his knowledge, information and belief.
Andrew C. Janssen
Manager, Borough of Camp Hill
Sworn and subscribed to
before me this ~ day
of , 1991.
Notary Publ c
NOTARIAL SEAL
NATALIE A. KLEE, NOTARY PUBLIC
CAMP HILL 8080. CUMBERLAND CO.
MY ION EXPIRES JUNE 17. 1993
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
And now this~~'~day of _, 1991, Robert
L. Gi11, Manager of the Township of East Pennsboro, being
duly sworn according to law, states that the facts contained
in the forementioned documents are true and correct to the
best of his knowledge, information and belief.
!
J
Robert L. Gill, Manager
East Pennsboro Township
Sworn and subscribed to
before me this ~-3~day
of 1991.
~~
Not ary Pub c
NOTAP,IAL SEAL
( SEAL ) EILEEN B. COYNE, NOTARY PUBLIC
CAMP HILL BORO. CUMBERLAND CO.
MY CO'NMISSION EXPIRES JUNE 26. 1998
06~27i1991 11 04 BOSWELL TININER & PICCOLA 717 236 9316 ~ P.01
'~
.,,
,,
~. ~REC~YV~ED~
JUL2?1991
Hft~tY F. CQYNE
G
ORDINAIiCB N0. 914
~~~~
AR ORUI1tAI1CS O! 9'HS BOROUIiFi OF CA![!~ HILL, CUlR1BRLAND COUII'rY,
PERNEYLVANIA, AUTHORIZING THE SELECTION AND Al'i'ROPRIAiIOR OV 636
SQUARE FIiE"i', 1lORE OR LitBB, OF LAND] BEING PART OF LOT NO 18,
SECTION "C" , PARR 1lILi.A i RECORDIiD IZi PLC BOOR 8 , PASS S3 = BITUA'1B
IN THE HOROU~ OF •CA~@ NILL, CU!lDERLAND COUNTY, PEISIBYLVANiA, I8
PROPONSD •OR THS IllPROVplEHz OF PUB1.xC 8AF1iTY A7 THE IL~1?sRSSCTION
OF IrY,pIEf10pD ROAD AND COUi1TRY CI.UD ROAD.
Hg IT ENACTED AND ORDAINED by the Councii 4t the Borough
o! Ca~gp Hill and it i• hereby enaoted and ordained by the Authority
o! east;
emotion is Hy virtue and in pureuana• of th~Authority vested
in it by Avts of the t3eneral Aseambly, the Council of the Borough
o! Camp Nili hereby e~uthoriuee the eeleotion and appropriation of
tha tolloMing described pa:roel of ground in ordQr to improve tha
public eatety at the interstotion of ylyrineeood Road and Country
Club Read, to sit: Ail that certain tract or parosl o! land
eituat.~ in tha Borough o! Camp Hill, Cumbarrland County,
Panneylvania, more partioulariy bounded and dQearibad as talioMe:
Bbginnin* at a paint on the Easterly line es! Wynnewood Road, at
lands•na~ or lgrm+~riy o! Pratad Ua~gupta anti Saapna Dasgupta, hie
wits; thence by a curve to the right, having a radius o! 30 tent;
an arc dittanoe o! 89.89 lget to a point on the ease Aida o! said
Road; thence by saws, N 4!° 39' b7' 8, a dietnnae of Ei.T6 feet to
a point on tha proposed Easterly ling of Country Club Road; thence
~~
TOTAL P.01
EX'-~~~
NJ6i2"1i 1991 11 02 BOSWELL TINlNER & PICCOLA 717 236 9316 P. 06
by lands o! said Davgupta^, N 60` 37' $, a distance a! 4.79 tact to
a point; thenoe by lands of ^aid baeguptae, by ourve to the right,
havins a radius of 310.0 tact; an arc dietanoe o! 61.09 lest to a
point, the place of Beginning.
HeinH part ot.Lot lio. 16, Section °C", Park Hills, whioh ie
reworded in Plan Soak 8, Page 33, Cumberland County Recorder of
Detdr Ottive.
Being part o! the sass preaieee Mhioh Carole H. Young and John
8. Youtng, her•hueband, by their deed, dated July f~6, 1981, and
• revorded,in the Cumberland County Recorder o! Deeda in Deed
Hook 29•M, Pnge 406, grantRd end conveyed unto Px•a^ad Daegupta and
' Baapna Dasgupta, hie witQ. Cor~teining 636 square Lett o! land,
sore or leer.
8vv•3 n z` The Solivifor to the Counoil o! Ceap Hill
Borough i.s authorised end dirRdted to ,prepare and rile with the
oourt a Qvalaration o! Taking for the eeleotion and appropriation
of the herein above deewribed real estate and to take any aotion
that aay be neoeevary ar desirable to parry out the intent and
purpo^e^ of this Ordinanoe.
~~q~ian 3: The Borough shall aoquire tea ^iaple title and
upon aaquieition to vet the real property to improve the publio
ea=sty at the inter^eotion o! Wynnewood Road and Country Club
Road.
2
06i2'~i1991 11 02 BOSWELL TINTNER & PICCOLA 717 236 9316 P.07
'$g~t~on The amount o! damages, when aevertafned and
aesevsed, shall bR ahargod against preoerit or future eppropriatfvne
to the Highaay Dwpartment for publio valety purp eeo.
8ee+xatary ~ y~ President
Approved this/C7- day a! _~ / , 19gi.
~ Borough o! Caap Hili
!~ereby certify that.the residence
• ~ncR Post Office of within Grantee F~ /j
7p2S
3 ~
Gra tee or Attorn
1~navtRd and OrdainMd thfe /O -day o! ~ ,
1991.
ATTEST: CbUNCIi. O1~ THS 80ROU[#H OF
CAMP HILL
TOTAL P. 07
~' • .
ORDINANCE NO . ~O ~' ~l
AN ORDINANCE OF THB TOWNSHIP OF BAST PBNNSBORO, CUMBERLAND COUNTY,
PENNSYLVANIA, AUTHORIZING THB SELECTION AND APPROPRIATION OF 636
SQUARE FEET, MORE OR LESS, OF LAND; BEING PART OF LOT NO 18,
3BCTION "C", PARg,HILLS; RECORDED IN PLAN BOOB 8, PAGE 33; SITUATE
IN THB BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, IS
PROPOSED FOR THE IMPROVEMENT OF PUBLIC SAFETY AT THB INTERSECTION
OF WYNNEWOOD ROAD AND COUNTRY CLUB ROAD.
BE IT ENACTED AND ORDAINED by the Board of Commissioners of
the Township of East Pennsboro and it is hereby enacted and
ordained by the Authority of same:
Section 1:' By virtue and in pursuance of the Authority vested
in it by Acts of the General Assembly, the Board of Commissioners
of East Pennsboro Township hereby authorizes the selection and
appropriation of the following described parcel of ground in order
to improve the public safety at the intersection of Wynnewood Road
and Country Club Road, to wit: All that certain tract or parcel of
land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
Beginning at a point on the Easterly line of Wynnewood Road, at~
lands now or formerly of Prasad Dasgupta and Swapna Dasgupta, his
wife; thence by a curve to the right, having a radius of 30 feet;
an arc distance of 59.59 Peet to a point on the same aide of said'
Road; thence by same, N 41° 39' 4?' E, a distance of 21.76 feet to
a point on the proposed Easterly line of Country Club Road; thence
~ ~ ~,
~X
.,
by lands of said Dasguptas, N 60' 1?' E, a distance of 4.79 feet to
a point; thence by lands of said Dasguptas, by curve to the right,
having a radius of 310.0 Peet; an arc distance of 61.09 feet to a
point, the place of Beginning.
Being part of Lot No. 18, Section "C", Park Hills, which is
recorded in Plan Book 8, Page 33, Cumberland County Recorder of
Deeds Office.
Being part of the same premises which Carole B. Young and John
E. Young, her husband, by their deed, dated July 15, 1981, and
recorded in the Cumberland County Recorder of Deeds in Deed
Book 29-M, Page 406, granted and conveyed unto Prasad Dasgupta and
Swapna Dasgupta, his wife. Containing 636 square Peet of land,
more or less.
Section 2: The Solicitor to the Hoard of Commissioners is
authorized and directed to prepare and Pile with the court a
Declaration of Taking for the selection and appropriation of the
herein above described real estate and to take any action that may
be necessary or desirable to carry out the intent and purposes of
this Ordinance.
3eotion 3: The Township shall acquire Pee simple title and
upon acquisition to use the real property to improve the public
safety at the intersection of Wynnewood Road and Country Club
Road.
2
.~
Section 4: The amount of damages, when ascertained and
assessed, shall be charged against present or future appropriations
to the Highway Department for public safety purposes.
Enacted and Ordained this ~"_ day of ~,~`~-"'r`~ ,
1991 . ~ ~~
ATTEST:
Secretary
TOWNSHIP OF EAST PENNSHORO
BOARD OF COMMISSIONERS
Pre de ~'
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