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HomeMy WebLinkAbout04-02701N RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY: NO. 2004 - SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH : OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN REM (EMINENT DOMAIN) DECLARATION OF TAKING AND NOW, the BOROUGH OF MOUNT HOLLY SPRINGS, a governmental unit created and existing under the laws of the Commonwealth of Peunsylvania, hereby files this Declaration of Taking and declares as follows: 1. The Condemnor is the BOROUGH OF MOUNT HOLLY SPRINGS, having is principal office at 200 Harman Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. This Declaration of Taking is filed pursuant to the authority of the Borough Code, Act of February 1, 1966, P.L. (1965) --, No. 581, Section 101, et seq. (53 P.S. ~ 45101, et seq.) specifically Section 1501 (53 P.S. § 46501), as amended and supplemented. 3. This Declaration of Taking is made and authorized by virtue ora Resolution duly adopted by the Borough Council of the Borough of Mount Holly Springs at a public meeting held on January 12, 2004 at the Office of the Borough of Mount Holly Springs identified in Paragraph 1, above. The record of said public meeting, being the minutes thereof and the original Resolution may be examined at the office of the Borough Secretary, Municipal Building, 200 Harman Street, Mount Holly Springs, Pennsylvania, a copy of said Resolution being attached hereto and marked "Exhibit 1" and incorporated herein by reference thereto. 4. The purpose of this condemnation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right-of-way in lands in, under, on and through said lands for purposes presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge and/or roadway, together with all appurtenances, parts and structures associated or to be associated thereon and therewith, and to otherwise use and maintain said premises within and as part of the public roadway system of the Borough. 5. Attached hereto marked "Exhibit 2" and incorporated herein is documentation which contains the description and designation of the land situated in the Borough of Mount Holly Springs, necessary to be obtained for the purposes aforesaid, which land consists of 828 square feet and is designated "Required Right of Way Area" thereon. A copy of said documentation mentioned in the said Exhibit will be filed as of the date of the filing hereof in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at the Cumberland County Courthouse in Carlisle, 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 and extent of the easement and right-of-way in, under, on and through the lands is for the purposes of erecting, constructing, installing, operating, maintaining and repairing a bridge and associated roadway and all appurtenances, parts and structures associated therewith as more fully set forth in Section 2 of the said Resolution ("Exhibit 1 "), which said Section is incorporated by reference herein. 7. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Taking are unknown, there being no ascertainable title owner of said land, the majority of which lies in the bed of the stream of Mountain Creek. -2- 8. An unknown person or persons are the owners in fee simple of the land being taken, appropriated and condemned. 9. A Plat describing and showing the condemned land may be inspected at the office of the Borough of Mount Holly Springs, 200 Harman Street, Mount Holly Springs, Pennsylvania, 17065. 10. The Borough of Mount Holly Springs, as Condemnor, files contemporaneously herewith its Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code aforesaid, which Bon secures just compensation to any Condemnee. BOROUGH OF MOUNT HOLLY SPRINGS Borough Council President ATTEST: Borough Secretary (BOROUGH SEAL) -3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. JAMES J. COLLINS, II, being duly sworn according to law, deposes and says: that he is the President of Borough Council of the Borough of Mount Holly Springs, the Condemnor in the foregoing Declaration of Taking; that he is authorized to make this Affidavit on its behalf; and that the facts set forth in said Declaration of Taking are tree and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this I;L'Ph day of January, 2004. Borough Council President Notary Pu/~tic My Commission Expires: NOTARIAL SEAl. CHERYl. D. SMITH, Notary Publio Mt. Holly Springs Borough, Cumberland Co. My Commission Expires Feb. 18, 2006 BOROUGH OF MOUNT HOLLY SPRINGS CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. 2004- A RESOLUTION OF THE BOROUGH COUNCIL OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA AUTHORIZING THE SELECTION, CONDEMNATION AND APPROPRIATION OF AN EASEMENT OR RIGHT-OF-WAY ON CERTAIN LAND SITUATE IN THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, INSTALLATION, USE, OPERATION AND MAINTENANCE OF BRIDGE STRUCTURE AND ON EAST PINE STREET ASSOCIATED ROADWAY CROSSING THE MOUNTAIN CREEK, AND AUTHORIZING THE FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF. WHEREAS, the Borough of Mount Holly Springs (hereinafter the "Borough") is a governmental unit created and existing under the laws of the Commonwealth of Pennsylvania situated in Cumberland County, Pennsylvania; and WHEREAS, the Borough desires to replace the existing bridge on East Pine Street crossing over Mountain Creek and the corporate authorities of the Borough, the Borough Council, believes replacement of the aforementioned bridge is in the best interest of the public safety and welfare of the residents of the Borough and persons who travel on the roadways within the Borough; and WHEREAS, it is necessary that the Borough acquire and secure the necessary and appropriate lands for purposes of replacing the bridge on East Pine Street crossing over Mountain Creek; and WHEREAS, the Borough has identified certain land in the Borough of Mount Holly Springs which is necessary for the replacement of the bridge on East Pine Street, which land consists of 828 square feet and is more fully described and depicted on the "Required Right of EXHIBIT 1 Way.Area" on the Plat attached hereto and incorporated by reference herein as "Exhibit A"; and WHEREAS, the land being subject to the proceeding is owned by a pei'son or persons unknown, there being no ascertainable recorded deed or instrument noting ownership of or claim of ownership to the subject land; and WHEREAS, pursuant to the Borough Code, Act of February I, 1966, P. L. (1965) --, No. 581, Section 101, et seq. (53 P.S. § 45101, et seq.) specifically Section 1501 (53 P.S. § 46501), the Borough is authorized and empowered to acquire, secure and appropriate such lands or property according to the proceedings set forth in the law governing eminent domain; NOW THEREFORE, on motion duly made, seconded and duly passed by the Borough of Mount Holly Springs, through the Borough Council, it is hereby RESOLVED: SECTION 1: The foregoing title, preamble and paragraphs are incorporated herein by reference thereto. SECTION 2: The Borough hereby selects, condemns and appropriates those premises described and set forth on Exhibit A hereto as the "Required Right of Way Area" and consisting of 828 square feet, said premises being owned by person or persons unknown. The nature and extent of the title and interest to be acquired under this Section 2 is a right of way or easement in, under, on and through the premises for the purposes presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge and/or roadway, together with all appurtenances, parts and structures associated or to be associated thereon and therewith, and to otherwise use and maintain said premises within and as a part of the public roadway system of the Borough. -2- · SECTION 3: The Borough, its Council and its proper officers are hereby authorized to fil~ such Declarations of Taking and other such papers, documents and/or proceedings, including the entry of such bond as may be necessary or desirable, and to do and perform all other acts necessary and requisite to carry out the purposes of this Resolution, and said officers and the Borough's employees and agents are authorized and empowered to enter on the premises to be taken, condemned and appropriated in order to make studies, surveys, tests and appraisals. SECTION 4: The institution of such proceedings, including the entry of such bond as may be necessary or desirable, and any damages which may be awarded to the owner or owners of the premises or lands shall be paid from such funds which may become available and from time to time appropriated by Council for such purposes. DULY ADOPTED this 12th day of January, 2004. BOROUGH OF MOUNT HOLLY SPRINGS ~nes J. CoRns, II Borough Council President ATTEST: Cheryl D. $mith Borough Secretary (BOROUGH SEAL) -3- EXHIBIT A IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF. LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 : CIVIL ACTION - LAW IN REM (EMINENT DOMAIN) CONDEMNOR'S BOND KNOW ALL MEN BY THESE PRESENTS, that the BOROUGH OF MOUNT HOLLY SPRINGS, a governmental unit created 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 owners of the property or property interests condemned as hereinafter noted, and other proper parties in interest, for such amount of damages as the said owners of the said property or property interests 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, by reason of the condemnation by the BOROUGH OF MOUNT HOLLY SPRINGS ora right-of-way and/or easement in, over, under and through 828 square feet in lands and property located in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania more fully shown and described as the "Required Right of Way Area" in "Exhibit A" attached hereto and attached to the Declaration of Taking of which this Bond is a part and which Exhibit is made a part hereof by reference thereto. SEALED with the official Seal of the Borough of Mount Holly Springs and duly executed this 12th day of January, 2004. WHEREAS, the Borough of Mount Holly Springs has condemned the aforementioned property interests and cannot agree with the owners thereof upon the just compensation to by paid by the damages sustained by the owner or owners of the property interests as a result of the condemnation; NOW THEREFORE, THE CONDITION of this Bond is such that if the BOROUGH OF MOUNT HOLLY SPRINGS, the Obligor herein, shall pay or cause to be paid such amounts of damages as the said owners of the property interests so condemned and the other parties' interest shall be entitled to receive by reason of such consideration, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. BOROUGH OF MOUNT HOLLY SPRINGS ATTEST: Chef31D.~n~i~l Borough Secretary Borough Council President (BOROUGH SEAL) -2- LAW OFFICES SNELBAKER. BRENNeMAN & SPARE IN RE: CONDEMNATION OF : IN THE COURT OF COMMON PLEAS OF EASEMENT AND RIGHT-OF-WAY : CUMBERLAND COUNTY, PENNSYLVANIA CONSISTING OF 828 SQUARE FEET : OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY: NO. 2004 - o9'70 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK CIVIL ACTION - LAW IN REM (EMINENT DOMAIN) ~IXIEMORANDUM OF RECORDING TO: PROTHONOTARY IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 17013 PLEASE BE ADVISED that in accordance with Section 404 of the Eminent Domain Code, Act of June 22, 1964 (Special Section), P.L. 84, Article IV (26 P.S. 1-404), as amended, you are hereby notified that the Notice of Filing of Declaration of Taking to the above term and number is now recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book /9~/ , Page 1'/~,3. Date: SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Borough of Mount Holly Springs (Condemnor) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 1N RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 - 270 : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEES The Borough of Mount Holly Springs, Cumberland County, Pennsylvania, through its Solicitor, Snelbaker, Brenneman & Spare, P. C., hereby gives notice in accordance with Section 405 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84 Article IV (26 P.S. § 1-405), as amended of the filing of a Declaration of Taking as follows: 1. A Declaration of Taking has been filed in the Office of the Prothonotary of Cumberland County on January 21,2004 docketed to the above number and term and containing the caption provided above. 2. On January 21, 2004 a Notice of Filing of Declaration of Taking was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Taking and to whom this Notice is directed are unknown, there being no ascertainable owner(s) of said land, the majority of which lies within the stream of Mountain Creek. 4. The Condemnor is the Borough of Mount Holly Springs with an address of 200 Harman Street, Mount Holly Springs, Pennsylvania, 17065. 5. The condemnation is authorized pursuant to the Act of February I, I966, P. L. 1656 (1965), No. 581, Section 1501 (53 P.S. § 46501) as amended and the provisions of the Act of June 22, 1964 (P.L. 84) known as the Eminent Domain Code. 6. The condemnation and Declaration of Taking was authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular public meeting of Council on January 12, 2004, a record of which Resolution has been filed in the above captioned action, recorded at Deed Book 261, Page 1763 and may be examined at the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Office oftheBorough ofMountHolly Springs, 200Harman Street, Mount Holly Springs, Pennsylvania. 7. The purpose of this condemnation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right-of-way in lands in, under, on and through said lands for purposes presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge and/or roadway, together with all appurtenances, parts and structures associated or to be associated thereon and therewith, and to otherwise use and maintain said premises within and as part of the public roadway system of the Borough. 8. The property of owners and condemnees unknown has been condemned, which property consists of 828 square feet and in part lies within Mountain Creek in the Borough of Mount Holly Springs as more fully depicted in the plat prepared by Herbert, Roland & Grubic, Inc. attached hereto (or available for inspection at the Borough's office to whom this notice is received by publication). 9. The nature of the title acquired is that of an easement and right-of-way in, under, on and through the subject land for those purposes identified in Paragraph 7, above. 10. A plan or plat depicting the condemned property may be inspected at the office of the Borough of Mount Holly Springs as identified in Paragraph 4, above. 11. The Borough of Mount Holly Springs has filed a Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code aforesaid, which Bond secures just compensation to any condemnees. 12. If any condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the Declaration of Taking, he shall file preliminary objections within thirty days after being served with notice of condemnation. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: BY: Keith O. Brem~eman, Esquire 44 W. Main Slreet Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for the Borough of Mount Holly Springs -2- EXHIBIT A LAW OFFICES SNELBAKER, BRENNEMAN & SPARE IN RE: CONDEMNATION OF IN THE COURT OF COMMON PLEAS OF EASEMENT AND RIGHT-OF-WAY CUMBERLAND COUNTY, PENNSYLVANIA CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY: NO. 2004 - 270 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH : OF MOUNT HOLLY SPRINGS FOR : CIVIL ACTION - LAW THE CONSTRUCTION, OPERATION : AND MAINTENANCE OF A BRIDGE : AND ROADWAY ON EAST PINE : IN REM (EMINENT DOMAIN) STREET OVER MOUNTAIN CREEK : AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) KEITH O. BRENNEMAN, being duly sworn, according to law deposes and says: that he is a principal in the law finn of Snelbaker, Brenneman & Spare, P. C., solicitor for the Borough of Mount Holly Springs, the condemnor in the above-captioned action; that service of the Notice to Condemnees as required by 26 P.S. 1-405(b) could not be made by either personal service or by certified or registered mail to the last known address of the condemnees for the reason that fee title to the easement area being condemned, which area is primarily located within the bed of Mountain Creek, is owned by a person or persons unknown; that service as required by 26 P.S. 1-405(b) was made: (a) bY posting a copy of the Notice upon the most public part of the property on January 23, 2004; (b) by publication of the Notice in The Sentinel on February 14, 2004; and (c) by publication of the Notice in the Cumberland Law Journal on January 30, 2004; that attached hereto and incorporated by reference herein as "Exhibit A" is a copy of the Notice LAW OFFICES SNELbAKER. BRENNEMAN & SPARE :o Condemnees as posted and published aforesaid; that attached hereto and incorporated by :eference herein as "Exhibit B" are copies of photographs taken at 11:36 a.m. on January 23, 2004 at the time of the posting of the Notice to Condemnees; that attached hereto and ncorporated by reference herein as "Exhibit C" is a copy of the proof of publication of the Notice to Condemnees from The Sentinel; that attached hereto and incorporated by reference herein as "Exhibit D" is a copy of the proof of publication of the Notice to Condemnees from the Cumberland Law Journal; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this c~O"~ day of Notary Public 2004. KeithO. Brenneman COMMONWEALTH OF PENNSYLVANIA Member, Pen.sylvania Association Of Notmle8 -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 1N RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2004 - 270 CIVIL ACTION - LAW 1N REM (EMINENT DOMAIN) NOTICE TO CONDEMNEES The Borough of Mount Holly Springs, Cumberland County, Pennsylvania, through its Solicitor, Snelbaker, Brenneman & Spare, P. C., hereby gives notice in accordance with Section 405 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84 Article IV (26 P.S. § 1-405), as amended of the filing of a Declaration of Taking as follows: 1. A Declaration of Taking has been filed in the Office of the Prothonotary of Cumberland County on January 21, 2004 docketed to the above number and term and containing the caption provided above. 2. On January 21, 2004 a Notice of Filing of Declaration of Taking was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Taking and to whom this Notice is directed are unknown. there being no ascertainable owner(s) of said land, the majority of which lies within the stream of Mountain Creek. 4. The Condemnor is the Borough of Mount Holly Springs with an address of 200 Harman Street, Mount Holly Springs, Pennsylvania, 17065. 5. The condemnation is authorized pursuant to the Act of February 1, 1966, P. L. 1656 (1965), No. 581, Section 1501 (53 P.S. § 46501) as amended and the provisions of the Act of June 22, 1964 (P.L. 84) 'known as the Eminent Domain Code. 6. The condemnation and Declaration of Taking was authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular of Council on January 12, 2004, a record of which Resolution has been filed in the above captioned action, recorded at Deed Book 261, Page 1763 and may be examined at the EXHIBIT A SNELBAKER. BREnNeMAN & SPARE Office of the Borough of Mount Holly Springs, 200 Harman Street. Mount Holly Springs. Pennsylvania. 7. The purpose of this condemnation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right-of-way in lands in, under, on and through said lands for purposes presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge and/or roadway, together with all appurtenances, parts and structures associated or to be associated thereon and therewith, and to otherwise use and maintain said premises withir and as part of the public roadway system of the Borough. 8. The property of owners and condemnees unknown has been condemned, which property consists of 828 square feet and in part lies within Mountain Creek in the Borough of Mount Holly Springs as more fully depicted in the plat prepared by Herbert, Roland & Grubic, Inc. attached hereto (or available for inspection at the Borough's office to whom this notice is received by publication). 9. The nature of the title acquired is that of an easement and right-of-way in, under, on and through the subject land for those purposes identified in Paragraph 7, above. 10. A plan or plat depicting the condemned property may be inspected at the office of the Borough of Mount 'Holly Springs as identified in Paragraph 4, above. 11. The Borough of Mount Holly Springs has filed a Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code aforesaid, which Bond secures just compensation to any condemnees. 12. If any condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the Declaration of Taking, he shall file preliminary objections within thirtv days after being served with notice of condemnation. ' SNELBAKER, BRENNEMAN & SPARE, P. C. Date: BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for the Borough of Mount Holly Springs -2- EY~HIBIT A EXHIBIT B PROOF oFpUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director _of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication The Sentinel February 14, 2004 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tr February 18, 2004 Sworn to an..d subscribed before me this 18th day of ~ FebruarY ., 2/~04. / Notary Public My commission expires: -~ Comm,-e'~ur?cerl~n~ r a,,y ~blic ~ EXHIBIT C PROOF oFpUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication lei 2004 · ,. ~ CIVIL~^CTION -LAW .... ~-.~t~,~*f~,:., ,: ,:'..' . is not interested in aid notice or ...... tations in the ii" place and character 'no aster talnabl~ ~wn~ e r (~) 004 Section I known as ~ of Mount · me this 18th Notary Public M~.nlc~bU~ ~A ,a 705S ty PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz JANUARY 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. L~i M~ ,~ditor .... S ' ' ~, Edit~ before me this ~TO AND SUBSCRIBED 30 .day of JANUARy 2004 LOiS E. SNYDER, Notmy Public Carlisle Bom, Cumbe~and County ~ My Commission Expires March 5, 2005 EXHIBIT D CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 2004-270 IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS. CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK IN REM (EMINENT DOMAIN) NOTICE TOCONDEMNEES The Borough of Mount Holly Springs, Cumberland County, Perm- sylvania, through its Solicitor, Snel- baker, Brenneman & Spare, P.C., hereby gives notice in accordance with Section 405 of the Eminent Do- main Code, Act of June 22, 1964, RL. 84 Article IV (26 P.S. §1-405), as amended of the filing of a Decla- ration of Taking as follows: 1. A Declaration of Taking has been filed in the Office of the Pro- thonotsry of Cumberland County on January 21, 2004 docketed to the above number and term and con- raining the caption provided above. 2. On January 21, 2004 a No- tice of Filing of Declaration of Tak- ing was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Taking and to whom this Notice is directed are un- known, there being no ascertainable owner(s) of said land, the majority of which lies within the stream of Mountain Creek. 4. The Condemnor Is the Borough of Mount Holly Springs with an ad- dress of 200 Harman Street, Mount Holly Springs, Pennsylvania 17065. 5. The condemnation is author[zed pursuant to the Act of February 1, 1966, P.L. 1656 (1965), No. 581, Sec- 6on 1501 (53 P.S. §46501) as amend- ed and the provisions of the Act of June 22, 1964 (P.L. 84) known as the Eminent Domain Code. 6. The condemnation and Decla- ration of Taking was authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular public meeting of Coun- cil on Janum-y 12, 2004, a record of which Resolution has been filed in the above captioned action, recorded at Deed Book 261, Page 1763 and may be examined at the Office of the Borough of Mount Holly Springs, 200 Harman Street, Mount Holly Springs, Pennsylvania. 7. The purpose of this condem- nation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right- of-way in lands in, under, on and through said lands for purposes presently and perpetually thereaf- ter to erect, construct, install, op- erate, maintain and repair a bridge and/or roadway, together With all ap- purtenances, parts and structures associated or to be associated thereon 2 CUMBERLAND LAW JOURNAL and therewith, and to otherwise use and m~intaln said premises within and as part of the public roadway system of the Borough. 8. The property of owners and condemnees unknown has been con- deraned, which property consists of 828 square feet and in Part lies within Mountain Creek in the Bor- ough of Mount Holly Springs as more fully depicted in the plat pre- pared by Herber, Roland & Grubic, Inc. [not] attached hereto (or avail- able for inspection at the Borough's office to whom this notice is received by publication). 9. The nature of the title acquired is that of an easement and right-of- way in, under, on and through the subject land for those purposes identified in Paragraph 7, above. 10. A plan or plat depicting the condemned property may be in- spected at the office of the Borough of Mount Holly Springs as identi- fied in paragraph 4, above. 11. The Borough of Mount Holly Springs has filed a Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code afore- said, which Bond secures Just com- pensation to any condemnees. 12. If any condemnee wishes to challenge the power or the right of the condemnor to appropriate the con- denmed proper~y, the sufficiency of the security, the procedure fallowed by the condemnor or the Declara- tion of Taking, he shall file prelimi- nary objections within thil-ty days after being served with notice of condemnation. SNELBAKER, BRENNEMAN & SPARE, P.C. Solicitor for the Borough of Mount Holly Springs 44 W. Main Street Mechanicsburg, PA 17055 Jan. 30 LAW OFFICES & SPARE IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : NO. 2004 - 270 : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) PETITION OF CONDEMNOR TO PAY ESTIMATED JUST COMPENSATION INTO COURT The Borough of Mount Holly Springs, through its Solicitor, Snelbaker, Breuneman & Spare, P. C., submits this Petition to Pay Estimated Just Compensation Into Court and in support thereof states the following: 1. Petitioner and Condemnor herein is the Borough of Mount Holly Springs, a governmental unit of the Commonwealth of Pennsylvania having an address of 200 Harman Street, Mount Holly Springs, Pennsylvania, 17065. 2. On January 21, 2004 Petitioner filed a Declaration of Taking in the Office of the Prothonotary of Cumberland County, Pennsylvania docketed to the above number and term and a Notice of Filing of Declaration of Taking in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The condemnation and Declaration of Taking were authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular meeting of Council on January 12, 2004. LAW OFFICES SNELBAKER, BRENNEMAN & SParE 4. The purpose of the condemnation and Declaration of Taking filed incidental thereto i: to acquire and secure an easement and fight-of-way in lands presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge structure and related roadway, together with all appurtenances and parts associated or to be associated therewith, and to otherwise use and maintain the subject property or premises as part of the public roadway system of the Borough of Mount Holly Springs. 5. This condemnation was initiated in preparation for the replacement of the vehicle and footbridge over Mountain Creek on East Pine Street in the Borough of Mount Holly Springs. 6. The property which is subject to this condemnation consists of 828 square feet, the majority of which is located in the bed and bank of Mountain Creek and is described as "required right of way area" on the plat attached hereto and incorporated by reference herein as '*Exhibit 7. A diligent search of the deeds and records in the Office of the Recorder of Deeds of Cumberland County as well as a survey of the subject area revealed no ascertainable owners of the area of land subject to this condemnation proceeding. 8. Notice to the condemnees of the filing of the Declaration of Taking as required by Section 405 of the Eminent Domain Code (26 P.S. {} 1-405) was given by posting of the subject property on January 23, 2004 and by publication in the .Cumberland _[,.aw _Journal on January 30, 2004 and The .Sentinel on February 14, 2004. A true and correct copy of the Affidavit of Service filed in this proceeding is attached hereto and incorporated by reference heroin as "Exhibit B". -2- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 9. Section 407(a) of the Eminent Domain Code (26 P.S. § 1-407(a)) provides, inter alia, that the condemnor shall be entitled to possession or right of entry upon payment of just compensation by the condenmor. 10. Section 522 of the Eminent Domain Code (26 P.S. § 1-522) provides, inter alia, that if the party entitled to the estimated just compensation cannot be found or for any other reason the same cannot be paid to the party entitled thereto, the court upon petition of the condemnee may direct payment thereof and costs into court as the court may direct in full satisfaction thereof. 11. The estimated just compensation for the permanent right-of-way area condemned as determined by the Pennsylvania Department of Transportation and as estimated by the Condemnor is $3,000.00. 12. Section 522 of the Eminent Domain Code further provides that the Condemnor shall give twenty days notice of the presentation of the petition, including a copy of the schedule of the proposed distribution, to all parties in interest known to the condemnor in such manner as the court by general rule or special order may direct. A copy of the proposed Notice with a Schedule of Proposed Distribution is attached hereto and incorporated by reference herein as "Exhibit C". WHEREFORE, Petitioner requests this Court to: A. Issue a Rule directed upon all parties in interest to show cause, if any they should have, why the Court should not direct payment of estimated just compensation by Condemnor into Court; B. Order that the Rule issued (A., above) be returnable within twenty days of the publication of the Notice attached hereto as "Exhibit C" one time in the Cumberland Law Journal and The Sentinel and within twenty days of posting of said Notice in a conspicuous location at the property subject to this condemnation; and -3- LAW OFFICES SNELBAKER, BrENNEMAN & SPARE Order and direct that Condemnor pay into court the sum of $3,000.00 representing the estimated just compensation. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: February 24, 2004 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Borough of Mount Holly Springs -4- VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Date: February 24, 2004 LAW OFFICES SNELBAkeR. BRENnEMAN & SPARE EX~IBIT A SNELBAKER. BRENNEMAN & SPARE IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET : OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY: NO. 2004 - 270 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH : OF MOUNT HOLLY SPRINGS FOR : CIVIL ACTION - LAW THE CONSTRUCTION, OPERATION : AND MAINTENANCE OF A BRIDGE : AND ROADWAY ON EAST PINE : IN REM (EMINENT DOMA~) STREET OVER MOUNTAIN CREEK : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSY] AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) :SS. COUNTY OF CUMBERLAND ) KEITH O. BRENNEMAN, being duly sworn, according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., solicitor for the Borough of Mount Holly Springs, the condemnor in the above-captioned action; that service of the Notice to Condemnees as required by 26 P.S. 1-405(b) could not be made by either personal service or by certified or registered mail to the last known address of the condemnees for the reason that fee title to the easement area being condemned, which area is primarily located within the bed of Mountain Creek, is owned by a person or persons unknown; that service as required by 26 P.S. 1-405(b) was made: (a) by posting a copy of the Notice upon the most public part of the property on January 23, 2004; (b) by publication of the Notice in _The _Sentinel on February 14, 2004; and (c) by publication of the Notice in the Cumberland Law Journal on January 30, 2004; that attached hereto and incorporated by reference herein as "Exhibit A" is a copy of the Notice EXHIBIT B LAW OFFICES SNELBAKER. BRENNEMAN & SPARE :o Condemnees as posted and published aforesaid; that attached hereto and incorporated by :eference herein as "Exhibit B" are copies of photographs taken at 11:36 a.m. on January 23, !004 at the time of the posting of the Notice to Condemnees; that attached hereto and incorporated by reference herein as "Exhibit C" is a copy of the proof of publication of the Notice to Condemnees from The Sentinel: that attached hereto and incorporated by reference herein as "Exhibit D" is a copy of the proof of publication of the Notice to Condemnees from the Cumberland Law Journal: and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this c~O'~ day of kWo~,raa~-~, 2004. Notary Public ' 7 COMMONWEALTH OF PENNSYLVANIA Nol~al Seal Susan I Ma~a~, N~a~y Pub~m MY C-~ E.xl~ Nov. 24, 20~7 Member, Penneyfvania Association Of Notates -2- IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : NO. 2004 - 270 : : CIVIL ACTION- LAW IN REM (EMINENT DOMAIN) : NOTICE TO CONDEMNEES c :--' The Borough of Mount Holly Springs, Cumberland County, Pennsylvania, through its Solicitor, Snelbaker, Brermeman & Spare, p. C., hereby gives notice in accordance with Section 405 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84 Article IV (26 P.S. § 1-405). as amended of the filing ora Declaration of Taking as fo/lows: 1. A Decla/:ation of Taking has been filed in the Office of the Prothonotary of Cumberland County on January 21, 2004 docketed to the above number and term and containing the caption provided above. 2. On January 21, 2004 a Notice of Filing of Declaration of Taking was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Taking and to whom this Notice is directed are unknown. there being no ascertainable owner(s) of said land. the majority of which lies within the stream of Mountain Creek. 4. The Condemnor is the Borough of Mount Holly Sprin~s with an address of 200 Harman Street, Mount Holly Sprin~s, Pennsylvania, 17065. ~ 5. The condemnation is authorized pursuant to the Act of February I, 1966, P. L. 1656 (1965), No. 581, Section 1501 (53 P.S. § 46501) as amended and the provisions of the Act of June 22, 1964 (P.L. 84) known as the Eminent Domain Code. 6. The condemnation and Declaration of Taking was authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular ; of Council on January 12, 2004, a record of which Resolution has been filed in the above captioned action, recorded at Deed Book 261, Page 1763 and may be examined at the EXHIBIT A SNELBAKER, BRENNEMAN & SPARE Office of the Borough of Mount Holly Springs, 200 Harman Street. Mount Holly Springs. Pennsylvania. - _ 7. The purpose of this condemnation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right-of-way in lands in, under, on and through said lands for purposes presently and perpetually thereafter to erect, construct, install, operate, maintain and repair a bridge and/or roadway, together with all appurtenances, parts and structures associated or to be associated thereon and therewith, and to otherwise use and maintain said premises within and as part of the public roadway system of the Borough. 8. The property of owners and condemnees unknown has been condemned, which property consists of 828 square feet and in part lies within Mountain Creek in the Borough of Mount Holly Springs as more fully depicted in the plat prepared by Herbert, Roland & ~rubic. Inc. attached hereto (or available for inspection at the Borou~h's office to whom this notice is received by publication). ~ 9. The nature of the title acquired is that of an easement and right-of-way in, unden on and through the subject land for those purposes identified in Paragraph~7, above. 10. A plan or plat depicting the condemned property may be inspected at the office of the Borough of Mount Holly Springs as identified in Para~aph 4, above. 11. The Borough of Mount Holly Springs has filed a Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code aforesaid, which Bond secures just compensation to any condemnees. 12. Ifa.ny condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed bv the condemnor or the Declaration of Taking, he shall file preliminary objections within thirtv ' days after being served with notice of condemnation. SNELBAKER, BRENNEMAN & SPARE, p. C. Date: BY: Keith O. Brermeman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for the Borough of Mount Holly Springs -2- EXHIBIT B State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication The Sentinel February 14, 2004 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tr~ February 18, 2004 Sworn to an~ subscribed before m.e this 18th day of ~ February ,2~04.. ' ' Noiary Public My commission expires: EXHIBIT C PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation In the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication 2004 is not interested in aid notice or lations in the ' '""¥' place and character f,,~':~-.:, 004 581, Section knoWn as the - this 18th Notary Public PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTy OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough &Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal .Periodical for the publication of'all legal notices, and has, since January 2, 1952, been regularly ~ssued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues of the said Cumberland Law Journal on the following dates, Viz -------- JANUARy 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. before me th~s 30 day of JANUARy 2004 LOIS E. SNYDER, Notmy Public .. Cmlisle Bom, Cumbedand Coumy, My Commission Expires March 5, 2005 EXHIBIT D CLrMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvan/a Civil Action--Law No. 2004-270 IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS. CUMBERLAND COUNTY, PENNSYLVANU% BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAy ON EAST PINE STREET OVER MOUNTAIN CREEK IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEES The Borough of Mount Holly Springs, Cumberland County, Penn- sylvania, through its Solicitor, Snel- baker, Brenneman & Spare, P.C., hereby gives notice in accordance with Section 405 of the Eminent Do- main Code, Act of June 22, 1964, P.L. 84 Article IV (26 P.S. §1-405), as amended of the filing of a Decla- ration of Taking as follows: i. A Declaration of Taking has been filed in the Office of the Pro- thonotary of Cumberland County on January 21, 2004 docketed to the above number and term and con- raining the caption provided above. 2. On January 21, 2004 a No- tice of Filing of Declaration of Tak- ing was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 1763. 3. The names and addresses of the Condemnees and therefore the owners of the land which is subject to the Declaration of Talcing and to whom this Notice is directed are un- known, there being no ascertainable owner(s) of said land. thc majority of which lies within the stream of Mountain Creek. 4. The Condernnor is the Borough of Mount Holly Springs with an ad- dress of 200 Harman Street, Mount Holly Springs, Pennsylvania 17065. 5. The condenmai/on is authorized pursuant to the Act of February. 1, 1966, P.L. 1656 (1965], No. 581. Sec- tion 1501 (53 P.S. §46501) as amend- ed and the provisions of the Act of June 22, 1964 (P.L. 84) known as the Eminent Domain Code. 6. The condemnation and Decla- ration of Taking was authorized by the Borough Council of the Borough of Mount Holly Springs through Resolution No. 2004-1 duly adopted at a regular public meeting of Coun- cil on January 12, 2004, a record of which Resolution has been filed in the above captioned action, recorded at Deed Book 261, Page 1763 and may be examined at the Office of the Borough of Mount Holly Springs, 200 Harman Street, Mount Holly Springs, Pennsylvania. 7. The purpose of this condem- nation and Declaration of Taking filed incidental thereto is to acquire and secure an easement and right- of-way in lands in, under, on and through said lands for purposes presently and perpetually thereaf- ter to erect, construct, install, op- erate, maintain and repair a bridge and/or roadway, togethe~ with all ap- purtenances, parts and structures associated or to be associated thereon CUMBERLAND LAW JOURNAL and therewith, and to otherwise use and maintain said premises within and as part of the public roadway system of the Borough· 8. The property of owners and condernnees unknown has been con- denmed, which property consists of 828 square feet and in Part lies within Mountain Creek in the Bor- ough of Mount Holly Springs as more fully depicted in the plat pre- pared by Herber, lqnland & Gruhic. Inc. [not] attached hereto (or avail- able for inspection at the Borough's office to whom this notice is received by publication). 9. The nature of the title acquired is that of an easement and right-of- way in, under, on and through the subject land for those purposes identified in Paragraph 7, above· 10, A plan or plat depicting the condemned property may be in- spected at the office of the Borough of Mount Holly Springs as identi- fied in Paragraph 4, above, 11, The Borough of Mount Holly Springs has filed a Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code afore- said, which Bond secures Just com- pensation to any condemnees. 12. If any condernnee wishes to challenge the power or the right of the conden'mor tn appropriate the con- demned property, the sufficiency of the security, the procedure followed by the condemnor or the Declara- tion of Taking, he shall file prelimi- nary objections within thirty days after being served with notice of condemnation, SNELBAKER, BRENNEMAN & SPARE, P.C. Solicitor for the Borough of Mount Holly Springs 44 W, Main Street Mechanicsburg, PA 17055 Jan. $0 LAW OFFICES SNELBAKER, BRENNEMAN & SPAre iN RE: CONDEMNATION OF : 1N THE COURT OF COMMON PLEAS OF EASEMENT AND RIGHT-OF-WAY : CUMBERLAND COUNTY, PENNSYLVANIA CONSISTING OF 828 SQUARE FEET : OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY : NO. 2004 - 270 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAiNTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK CIVIL ACTION - LAW iN REM (EMINENT DOMAIN) NOTICE NOTICE IS HEREBY GIVEN that Condemnor the Borough of Mount Holly Springs has · t submitted a Petition to the Court of Common Pleas of Cumberland Coun y pursuant to Section 522 of the Eminent Domain Code (26 P.S. § 1-522) seeking to direct payment of estimated just compensation to the Court for the benefit of any party or parties entitled thereto. The Schedule of Proposed Distribution is as follows: Amount of Estimated Just Compensation: $3,000.00 Interested party or parties to whom compensation is proposed to be distributed: Unknown All documents relating to the proceeding, including the Declaration of Taking, Notice of Filing of Declaration of Taking, Notice to Condemnee and Petition of Condemnor to Pay Estimated Just Compensation Into Court are available for inspection at the Borough of Mount Holly Springs Municipal Building, 200 Harman Street, Mount Holly Springs, Pennsylvania during regular business hours. SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Borough of Mount Holly Springs, Condemnor EXHIBIT C LAW OFFICES SNELBAkEr. BRENNEMaN & SPARE IN RE: CONDEMNATION OF IN THE COURT OF COMMON PLEAS OF EASEMENT AND RIGHT-OF-WAY CUMBERLAND COUNTY, PENNSYLVANIA CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY : NO. 2004 - 270 ;PRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH : OF MOUNT HOLLY SPRINGS FOR : CIVIL ACTION - LAW THE CONSTRUCTION, OPERATION : AND MAINTENANCE OF A BRIDGE : AND ROADWAY ON EAST PINE : IN REM (EMINENT DOMAIN) STREET OVER MOUNTAIN CREEK : ORDER AND NOW, this ~I~1~ day of ~~ ,2004, upon consideration of the Petition of Condemnor Borough of Mount Holly Springs To Pay Estimated Just Compensation Into Court, a Rule is hereby issued upon all interested parties, to show cause if any they may have, why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE within twenty (20) days of publication of the Notice and Schedule of Proposed Distribution contained therein attached as Exhibit C to the Petition one time in The Sentinel and Cumberland Law Journal and posting of said Notice at a conspicuous location at the property subject to this condemnation proceeding. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 1N RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA NO. 2004 - 270 : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) KEITH O. BRENNEMAN, being duly sworn, according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brermeman & Spare, p. C., solicitor for the Borough of Mount Holly Springs, the condemnor in the above-captioned action; that he caused to be published one time in Th_e S_~entine_l on February 28, 2004 the Notice and Schedule of Proposed Distribution (the "Notice and Schedule") which was attached to the Petition of Condemnor Borough of Mount Holly Springs to Pay Just Compensation Into Court as Exhibit C thereto; that he caused to be published one time in the Cumberland _Law~ Journ~ on March 5, 2004 the Notice and Schedule; that he posted the Notice and Schedule at a conspicuous location at the property subject to this condemnation proceeding; that attached hereto and incorporated by reference herein as "Exhibit A" is a true and correct copy of the proof of publication of the Notice and Schedule from .The Se_~ntinel noting publication on the date stated above; that attached hereto and incorporated by reference herein as "Exhibit B is a true and correct copy of the proof of of the Notice and Schedule from the Cumberland .La~ Journ~ noting publication on the date stated above; that attached hereto and incorporated by reference herein as "Exhibit C" are photographs taken on February 25, 2004 at 10:14 a.m. noting the posting of the Notice and Schedule at the property subject to this condemnation proceeding; that the foregoing publications and posting were in accordance with and constitutes compliance with the Court's Order dated February 24, 2004 in this matter; and that the foregoing facts are tree and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this l0th day of March, 2004. Notary Public , COMMONWEALTH OF PENNSYLVANIA S~isan L Matra, Notao/PuNic MY ~ Explms Nov. 24, 2007 bleml3er, Penney~vania Asscciatton Of Notades LAW OFFICES & SPARE -2- State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication SOF CO[~ .N~ PENNSYLVAN A NO. 2004. 270 c~L ~CT~o~'- u~w ':inel 2004 ; is not interested in ,said notice or ' ~ .... ~,.'gations in the ' - · place and character Eminent Domain Code (26 P,S. benefit'of any party or ., eD' ' ec aration of Taking, Notice of )=illng of Declaratio~ of: Pay Estimated Just Compensatioh IQto Court are s Municipal Build ( Ha~ ~n Street/Mount )04 "EMAN & Sp~tRE p. C ' ?~'!,, (717) 697-8528 ~?.~ . S°liclt°r for 8°m~°fM°u~t H°llySprinos, c~r~0;'; ;:~.-~)re me this 25th '~ day o~ I ~ ~t ~-e~ruarV :. 2n0,~ - ~ otar ~ y Public My commission expires: ~'©TARIAL SEAL APRIL J. ' :,~FFER, Notary Public t?y Commas:.: -berland County C::~iras April 23, 2006 EXHIBIT A State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice .or publication attached hereto is exactly the same as was printed and published in the regular editions and Issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication The Sentinel February 28, 2004 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. March 3, 2004 Swor~ day o ~, u~ssc~ibe, d before me this 25th k~k./Notary Public My commission expires: I NOTARIAL SEAL i APR;L 2. 7-'=aFFER, Notary Public { Ca~'hs:~ · *'berland County I My Commis;~,;, :::oiras April 23, 2006 ! PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MARCH 5, 2004 __ Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Ed~or SWORN TO AND SUBSCRIBED before me this _ 5 day of MARCH 2004 Sm LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 EXHIBIT B CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 2004-270 IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAy CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOIVN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK IN REM (EMINENT DOMAIN) NOTICE NOTICE IS HEREBy GIVEN that Condenmor the Borough of Mount Holly Springs has submitted a Peti- tion to the Court of Common Pleas of Cumberland County pursuant to Section 522 of the Eminent Domain Code {26 P.S. §I-522) seek/ng to di- rect payment of estimated Just com- pensation to the Court for the ben- efit of any party or part/es entitled thereto. The Schedule of Proposed Distribution is as follows: Amount of Estimated Just Com- pensation: $3,000.00. Interested party or parties to whom compensation is proposed to be distributed: Unknown. All documents relating to the pro- ceeding, Including the Declaration of Taking, Notice of Filing of Decla- ration of Taking, Notice to Condem- 8 nee and Petition of Condemnor to Pay Estimated Just Compensation Into Court are available for inspec- tion at the Borough of Mount Holly Springs Municipal Building, 200 Harman Street, Mount Holly Springs, Pennsylvania during regu- lar business hours. SNELBAKER, BRENNEMAN & SPARE, P.C. Solicitors for Borough of Mount Holly Springs, Condemnor 44 W. Main Street Mechanicsburg, PA 17055 {717) 697-8528 Mar. 5 LAW OFFICES SNeLBAKER, BRENNEMAN & SPare EXHIBIT C LaW OffICES SNELBaKER. BRENNEMaN & SPA~E 1N RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN 1N THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : IN THE; COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004- 270 : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) PETITION TO MAKE RULE ABSOLUTE AND TO ORDER PAYMENT OF ESTIMATED JUST COMPENSATION INTO COURT The Borough of Mount Holly Springs, through its Solicitor, Snelbaker, Brenneman & Spare, P. C. submits this Petition to Make Rule Absolute and to Order Payment of Estimated Just Compensation Into Court and in support thereof states the following: 1. Petitioner and Condemnor is the Borough of Mount Holly Springs, a governmental unit of the Commonwealth of Pennsylvania having an address of 200 Harman Street, Mount Holly Springs, Pennsylvania, 17065. 2. On February 24, 2004 Petitioner filed a Petition o£Condemnor to Pay Estimated Just Compensation Into Court (the "Petition"). 3. By Order dated February 24, 2004 the Court issued a Rule upon all interested parties to show cause, if any they may have, why the relief requested in the Petition should not be granted. A true and correct copy of the Order dated February 24, 2004 is attached hereto and incorporated by reference herein as "Exhibit A". 4. Pursuant to this Court's Order of February 24, 2004, the Rule issued was returnable within twenty (20) days of the publication one time of the Notice and Schedule of Proposed LAW OFFICES SNELBAKER. BRENNEMAN & SPAre Distribution (Exhibit C to the Petition) in The Sentinel and Cumberland Law Journal and posting of the Notice and Schedule at a conspicuous location al! the property subject to this condemnation proceeding. 5. The Notice and Schedule of Proposed Distribution was published and posted as directed by this Court in its February 24, 2004 Order. A true and correct copy of the Affidavit noting the publication and posting in accordance with this Court's February 24, 2004 Order is attached hereto and incorporated by reference herein as "Exhibit B". 6. More than twenty (20) days have passed since publication and posting of the Notice and Schedule of Proposed Distribution. 7. No person, party or parties have responded to the Rule to show cause why the Petition of the Borough of Mount Holly Springs to pay estimated just compensation into Court should not be granted by filing any response in this action or otherwise. WHEREAS, Petitioner requests this Court to m,fl~e its Rule issued February 24, 2004 absolute and order the Condemnor to pay the estimated.just compensation of $3,000.00 into Court by deposit with the Prothonotary. SNELBAKER, B][~NNEMAN & SPARE, P. C. Date: March 26, 2004 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Borough of Mount Holly Springs -2- LAW OFFICES SNEIBAkEr. ~RENNEMAN & SPARE IN RE: CONDEMNATION OF : IN THE COURT OF COMMON PLEAs OF' EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET : CUMBE1;LLAND COUNTY, PENNSYLVANIA OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY NO. 2004 - 270 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) ORDER ANDNOW, this (Ylql~ dayof 1¢~,.~,-' ,2004, upon consideration of the Petition of Condemnor Borough of Mount Holly Springs To Pay Estimated Just Compensation Into Court, a Rule is hereby issued upon all interested parties, to show cause if any they may have, why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE within twenty (20) days ofp~blication of the Notice and Schedule of Proposed Distribution contained therein attached as Exhibit C to the Petition one The Sentinel and _Cumberland _Law Journal and posting of said Notice at a conspiquous location at the property subject to this condemnation proceeding. TRUE COPY FF CM RECORD SNElbAKER, BRENNEMAN & SPAre IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) : NO. 2004- 270 : CIVIL ACTION - LAW C 7 : IN REM (EMINENT DOIVI~1N KEITH O. BRENNEMAN, being duly sworn, according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., solicitor for the Borough of Mount Holly Springs, the condemnor in the above-captioned action; that he caused to be one time in Th__~e Sentinel on February 28, 2004. the Notice and Schedule of Proposed Distribution (the "Notice and S " ' chedule ) which was attached to the Petition of Condemnor Borough of Mount Holly Springs to Pay Just Compensation Into Court as Exhibit C thereto; that he caused to be published one time in the Cumberland L_.~aw Journal on March 5, 2004 the Notice and Schedule; that he posted the Notice and Schedule at a conspicuous location at the property subject to this condemnation proceeding; that attached hereto and incorporated by reference herein as "Exhibit A" is a true and correct copy of the proof of publication of the Notice and Schedule from _The _Sentinel noting publication on the date stated above; that attached hereto and incorporated by reference herein as "Exhibit B" is a true and correct copy of the proof of publication of the Notice and Schedule from the C.~umberlan~d _Law J~ournal noting publication on EXhIBiT B the date stated above; that attached hereto and incorporated by reference herein as "Exhibit C" are photographs taken on February 25, 2004 at 10:14 a.m. noting the posting of the Notice and Schedule at the property subject to this condemnation proceeding; that the foregoing and posting were in accordance with and constitutes compliance with the Court's Orde~ dated February 24, 2004 in this matter; and that the foregoing; facts are true and correct to the best ol his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this l0th day of March, 2004. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE COMMONWEALTH OF PENNSYLVANIA Susan L Mal~ Notanj Public Mecharficsburg Bom, C-~'nber~nd Coun~ MY Commiss~ Expires Nov. 24, 2007 Member, PennwIvania Association Of Notades -2- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication MOUNT HOELY/ : NO. 2004-'2~0 --' 'inel OF COMMON PLEAS OF ~, 2004 .~ is not interested in ,said notice or · ~,.'~' .. ;-,-.-,.:-,.~gations in the place and character s has submitted'i PeRion to the n Code (26 P.S. the Court for tl~ ben~fl(of any par~y or 1 of Taking Notice of~= ng of Oeclarario~ of to Pay Esllmated Just Compensatioh I~to Court are Springs Municipal Eullding, 200 Harman Sto!let,'Mount ~04 I. BRENNEMAN & SPARE, p. C. · . . . Bo ough of Mount Holly Springs, Condemnor ." .-~re me this day- o1 25th ,~'1 t ~-e~)rLNsfrY -' , 2Cl04~. '~ ~ -~ ~tary Public My commission expire-~J: *~OTARIAL SEAL j APRIL ~. ' =~,~FER, Notary Pub c Ca;'z ~ -berland Count'/ JMv Cemrn~.';;~: .;::~:fr~s April 23, 200~ P-X~z]~ZT A State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication 'i"h e Sentinel February 28, 2004 Affiant further depose.,; that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. March 3, 2004 Sworn day o o~andtu~sc~ibed before me this 25th . I ~ ~ Febru(~/ ,20041. -- tar Publ My commission expires: r,,~OTARIAL SEAt. APRIL ::.'. ; ':"=-~,~FER, No'[aW PubJic Ca;'i:s:~ . -~erland County My Ceramist,:, :.::c:.r~s April 23, 2006 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOUSLNAL (Under Act No. 587, approved May 16, 197.9), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland :Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local com'ts as the official legal periodical for the publication of ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MARCH 5, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. SWORN TO AND SUBSCRIBED before me this 5 day of MA_RCH 2004 LOIS E. SNYDEFI, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 EXttlBIT B CUMBERLAND LAW JOURNAL NOTICe- In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 2004-270 IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWIq IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK IN REM (EMINENT DOM.~N) NOTICE NOTICE IS HEREBY GIVEN that Condemnor 5he Borough of Mount Holly Springs has submitted a Peti- tion [o the Cour~ of Common Pleas of Cumberland Counl~ pursuant to Section 522 of the Eminent Domain Code {26 P,S. §1-522) seeking to di- rect payment of estimated just com- pensation to the Cour~ for the ben- efit of any party or parties entitled thereto. The Schedule of Proposed Distribution ls as follows: Amount of Esllmated Just Com- pensation: $3,000.00. Interested party or parties to whom compensation is proposed to be distributed: Unknown. All documents relating to the pro- ceedlng, including the Declaration of Taking. Notice of Filing of Decla- ration of TaMng, Notice to Condem- 8 nee and Petition of Condemnor to Pay Estimated Just Compensation Into Court are available for inspec- tion at the Borough of Mount Holly Springs Municipal Building, 200 Harman Street, Mount Holly Springs, Pennsylvania during regu- lar business hom-s. SNELBAKER, BRENNEMAN & SPARE, P.C. Solicitors for Borough of Mount Holly Springs, Condemnar 44 W, Main Street Mechanicsburg, PA 17055 (717) 697-8528 Mar, 5 BRENNEMAN SPARE EXHIBIT C i-AW OFFICES SNELBAkER. BRENNEMAN & SPARE IN RE: CONDEMNATION OF EASEMENT AND RIGHT-OF-WAY M^R 2 8 200 V 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONSISTING OF 828 SQUARE FEET OF LANDS OF OWNERS UNKNOWN : IN THE BOROUGH OF MOUNT HOLLY NO. 2004 - 270 SPRINGS, CUMBERLAND COUNTY, : PENNSYLVANIA BY THE BOROUGH OF MOUNT HOLLY SPRINGS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE AND ROADWAY ON EAST PINE STREET OVER MOUNTAIN CREEK : CIVIL ACTION - LAW : IN REM (EMINENT DOMAIN) QRDER AND NOW, this ~ ~ ~t~day of ~ ,2004, upon consideration of the Petition to Make Rule Absolute and to Order Payment of Estimated Just Compensation Into Court, there being no response thereto, it is hereby ORDERED that the Rule issued by the Court under its Order dated February 24, 2004 is hereby made ABSOLUTE. The Borough of Mount Holly Springs as Condemnor is hereby directed to pay into court by deposit with the Prothonotary of Cumberland County the sum of $3,000.00 representing the estimated just compensation in accordance with Section 522 of the Eminent Domain Code (26 P.S. ~ 1-522).