HomeMy WebLinkAbout01-2828 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS: NO. 01-2828 Civil Terra
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
MOTION FOR ENTRY OF ORDER
APPROVING FILING OF CONDEMNATION BONn
AND NOW, coraes UOI Utilities, Inc., by and through its attorney, Kevin T. Fogcrty,
Esquire, and respectfully moves this Honorable Court as follows:
I. On May 10, 2001, the Condernnor/Movant, UOI Utilities, Inc. ("UOI"), filed with
the Cumberland County Prothonotary a Petition for Approval and Order for Filing of
Condemnation Bond in connection with this easeraant condemnation proceeding. A true and
correct copy of that Petition is attached hereto as Exhibit "A."
2. On May I0, 2001, two true and correct copies ofthet Petition, plus related Notice
cover sheet advising the Condew. nces of UGI's intention to present this Petition for Court
approval if no objections or answer would be filed within ten (10) days a~er service of the
Petition on the Condemnees, were served by hand delivery on the Condemnees. A true and
correct copy of the Affidavit of Service is attached hereto as Exhibit "B" and incorporated herein
by reference.
3. More than ten (10) days have lapsed since service of UOI's Petition on the
Condemnees; as such pursuant to l $ Pa. C.S.A. Section 1511 (a copy of which is attached hereto
as Exhibit "C"), U(3I is entitled to present its Petition and request entry of an Order directing and
authorizing the filing of its Condenmation Bond.
4. While the parties have attempted to reach a settlement in this matter concerning
the condemnation damages to be paid by UGI to the Condemnees, and such other terms and
conditions as have been demanded by the Condemnees, the Condemnees ever increasing
demands have mede it clear to UGI that no such agreement can or will be reached at this time.
As a consequence, UGI has concluded that it must proceed with the filing of its Condemnation
Bond in order to complete this project to install its natural gas line, which is needed to serve the
public.
WHEREFORE, UGI Utilities, Inc., respectfully requests this Honorable Court enter an
Order approving the form and substance of the Bond attached as Exhibit "B" to U(31's Petition
and ordering that said Bond be filed with the Cumberland County Pmthonotery.
By:~
Attorney for UGI Utilities, Inc.
Mill Run Office Center
1275 Glenlivet Drive, Suite ! 50
Allentown, PA 18106
(610) 366-0950
PA Supreme Court No. 36667
2
CERTIFICATE OF SERVICE
I, Kevin T. Fogerty, Esquire, counsel for UGI Utilities, Inc., in this proceeding, hereby
state and certify that on Tuesday, May 29, 2001, I served by first-class mail, a m~e and correct
copy of the Motion for Entry of Order Approving Filing of Condemnation Bond, upon the
following:
Barry T. Lyons and Cynthia A. Lyons
$511 C-eneral Jenkins Drive
Mechanicsburg, PA 17050
Sudhir R. Patel, Esquire
Riley & Fanelli, PC
The Necho Allen, One Mahantongo Street
Pottsville, PA 17901
Date: May 29, 2001 ~
Exhibit A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRYT. LYONS AND CYNTHIA A. LYONS: NO. t~l-..~.~') ~ ..... .,
_
BY UGI UTILITH~S, INC. : o
FOR PUBLIC PURPOSES : ~ :~'" -- ....."
:.~ .'-!
'V.: ::..':
NOTICE or ~T~NT TO Pr~.sENT cONDEMNATION PETITION AND .~..O1~_ ~
To: Barry T. Lyons and Cynthia A. Lyons
$511 General Jenkins Drive
Mechar6csburg, PA 17050
Pursuant to and in accordance with the Pennsylvania Business Corporation Law of 1985,
Act of December 21, 1988 (P. L. 1444 No. 177(S)(2Xij)), YoU ~ [-~P~B¥ NOTW]ED that
the attached PetitiOn ~ becn ~led with the Cumberland County Prothonotary, and that if you do
not file an Answer or Objections thereto, WITHIN TEN (10) DAYS AFTI~.P, SERVICE OF
THIS PI~.TITION UPON YOU, UG! Utilities, Inc., by and through its counsel, will fde a Motion
with the Cumberland County Prothonotary, and present it to the Court for approval, seeking entry
of an order in the form attached as F. xhjbit "C" to UGI's Petition, cliff-'ting the tiding of U(H'
original Bond.
Attorney for UGI Utilities, Inc.
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS : NO.
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
~OR FILING CONDEMNATION BOND
AND NOW, comes the Petitioner, UGI UTILITIES, INC., by and through its attorney,
Kevin T. Fogarty, Esquire, and respectfully petitions this Honorable Court as follows:
1. The Petitioner, UGI UTILITIES INC. ("UGI"), is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, and is principally engaged in the
business of producing, purchasing, storing, transporting and distributing natural gas. The
petitioner maintains its principal office and place of business in Valley Forge, Montgomery
County, Pennsylvania, and has as its mailing address P.O. Box 858, Valley Forge, PA 19482.
2. The Petitioner, a public utility, by virtue of the power of eminent domain as
provided in the Pennsylvania Business Corporation Law of 1988, 15 P.S. Seetion 1511, and by
resolution duly adopted by the ExecufivefNominnting Committee of its Board of Directors on
March 19, 2001, as evidenced by the Secretary's Certificate attached hereto and marked as
Exhibit "A," has determined and concluded to enter upon, take and appropriate for a public
purpose, an easement and right ofwey over and upon a certain parcel of land located in Hampden
Township, Cumberland County, PA, by route surveyed and located for the purposes of
constructing, operating, maintaining, replacing and changing a pipeline for the transportation,
transmission and distn'bution of natural gas with the right in said company, its successors and
assigns to enter upon such easement and/or right of way at such times as may be fit and necessary
for said purposes.
3. Petitioner believes and avers that the only persons or entities having an ownership
interest in the property being condemned are being the legal and equitable titleholders, Barn] T.
Lyons and Cynthia A. Lyons, respectively and being referred to herein collectively as "the
Owners." Petitioner alleges and avers that the aforesaid Owners hold legal title to this property
by virtue of a Deed recorded at the Cumberland Gounty Recorder of Deeds Office, at Deed Book
Volume 140, Page 867.
4. Since in or about Jannan], 2001, the Petitioner, through its agents and employees,
has attempted to secure an agreement for a pipeline easement and fight of way over and through
the subject parcel of land from the Owners referenced in Paragraph 3 bereinabove. In that
respect, the Petitioner has attempted to contact the Owners to try and agree as to the damages
properly payable, but to date has been unable to do so for the purpose of entering into an
agreement/contract for such easement and right of way; hence, the Petitioner and the Owners
have not agreed upon reasonable compensation to be paid therefor and to affix the amount of
damages, if any, which would be occasioned by the taking of said easement and said right of way
and the construction of said pipeline.
2
5. A copy of the Bond of the Petitioner with Safeco Insurance Company of America,
a surety authorized to do business in the Commonwealth of Pennsylvania, which is conditioned
for the payment of all damages arising from the appropriation of said easement and right of way
and the location and construction of the pipeline on the aforesaid parcel of land of the Owners
refereoced in Paragraph 3 hereinabove, the original of which is to be pre~ented to this Court, is
attached hereto as Exhibit "B." It is pursuant to this Bond that title to the aforesaid easement and
right of way will pass to the Petitioner, with the attendant right of possession for purposes of its
easement, right of way, and installation of its pipeline.
6. This Petition and the proposed Order seeking approval and directing the filing of
the related Bond, will be presented for approval to the Cumberland County Court of Common
Pleas upon expiration of the ten-day response period set forth in 15 Pa. C.S.A. Section
1511 (g)(2)(ii).
WHEREFORE, UGI UTILITIES, INC., respectfully requests this Honorable Court enter
an Order approving the form and substance of the Bond attached hereto as Exhibit "B," and
ordering that said Bond be filed with the Cumberland County Prothonotary.
LAW~~ FOGERTY
Attorney for Petitioner
UGI Utilities, Inc.
1620 Pond Road - Suite 301
Allentown, PA 18104
(610) 366-0950
PA Supreme Ct. No. 36667
3
I, THOMAS M. JACKAL, hereby state and verify that I am the Vice President - Law
of UOI Utilities, Inc., that I am authorized to take this Verification on behalf of said
Petitioner, and that the facts set forth in the foregoing Petition are true and correct to the best
of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904 relating to ~msworn falsification to authorities.
IJ~ities, Inc.
UOI
UGI UTILITIES, INC.
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned certifies that:
1. She is the duly elected and acting Assistant Secretary of UGI Utilities, Inc., a
pennsylvania corporation (the "CompanY"), and as such is authorized to execute and deliver this
Certificate on behalf of the CompanY.
2. Below is a true and correct copy of resolutions duly adopted by the Executive
Committee of the Board of Directors of the CompanY by Unanimous Consent dated April 4, 2001:
RESOLVED, the exercise by the Company of its right of
eminent doma!n as set forth in 15 Pa. C.S.A. Section 1511 as th. at
provision apphes to acquisition of easements nad rights of way w~th
eet to the acquisition of an easement sad righ.t, of w. ay, and the
r.,~.P~,,,ent therein of one or more gas distribution Im~.m Hampden
7g;gT ig Combe.innd Conn,. pennsy .ani,- approveo-
RESOLVED, any officer of the Company is authorized to
ecnte and deliver such other agreements, certificates, consents,
ef,,-~orate naocrs and other documents, .make any. pay_~en~ and amnvk,:
~;~' ~r~'~or a~ti~n, including without limitation, exercise ~ me ~o.mpany__~
for the Company may deem necessary or desirable to carry out the
intent and purposes of the foregoing resolution, including, without
· 'ration the preparation and filing of Petitions for Appro. v.a.! and.
hnu ' . · _ _ . _,_._A u...d, relative to the aequlslzlon O!
rder for Filing Bonn, nno retatuu ~,~,,,~.o~ .
0 -~ -~, .... .~ents nun rights-of-way m and]or a.cr~s, s..eer?in.
any auu n,, ~-o~- .... · ,~-~ ~foresnid nroject, lnemmng out
parcels of land along me rome m m~ ,. _ _r -~ '~-'--'"in A.
not limited to properties owned by Barry T. Lyons ann ~.y~
Lyons.
3. These resolutions have not be~n amended, modified or rescinded and remain in full
forcx and effect on the date of this certificate.
[Corporate Seal] . Calabrese
Sec.Cc~UU I-Emin.doc
BARRY T. LYON~ AI~P ~ ~,,
BY UGI ~~' ~C.
~O~ ~LIC
BO~ ~ G~ ~ ~G~ OF ~E~ D~
~OW ~L ~ BY ~SE p~S~S, ~ U~I ~ES, ~C., a pe~yl~ia
~o~ ~viui i~ p~cip~ offic~ lo~ in V~ Forge, Mon~ome~ Count, PA 194~2
(~in~r "~cip~" o~ -~o~') md s~CO ~SU~NCE CO~~Y OF
...... ,,- s ~on d~Y au~ogzed ~ ~e la~ of ~e State of
W~hin~n, ~ h~ld ~d ~Y ~d ~lo ~ CO~ON~ OF pE~SYLV~,
for ~e ~e ofB~ T. Lyom ~d ~ A. Lyom ~in~er coll~velY
,,o~Oblig~"), ~ su~ s~ or ~ ~ ~e s~ ~Ob~g~s ~1
i~ei~ ~ ~ag~ by ~on of ~e a~pfi~on of a ii~t-of-~Y
p~S~ of ~o~c~ o~ mainle~ce, ~epl~t ~d c~g ~e size of one or
mo~e pipe~es for ~ V~s~on ~ ~ion of n~
pwp~ h~eh~ d~cd~, when ~d ~ges sh~l ~w ~n ~ed ~n by ~ P~ or
s~ ~ve been leg~ly a~ded to ~d ~Obli~es, ~ int~e~ ~d ~ if ~ may be
}eE~iy due, for w~ch ~d p~cip~ ~ lhble, to be made lo ~d
auo~s, s~s~ and as~, to whom p~t well ~d ~ly to
~LI~, ~C., pg~ip~, ~d S~ECO INS~CE Co~Y OF ~CA. Su~,
Exhibit B
and each of them bind themselves, their successors and assi~s' firmly by these presents.
· the hand of its Senior Vice
Witness the corpora~ seal of UGI UTILITIF-.~, II,IC, by
President, attested by i~s Secretary, and the corpe~te seal of SAI~t~CO INSURANCE
COMPAI'IY O~: AMERICA, Surety, by the hand of its Attorney-in-Fact on this ~O_~.ttday of
Ivia~h, 2001. '
WHEREAS, UGI UTILITIES, INC., under lawful authonVJ ~s about to enter upon land m
---'Obli-e~s have ova~rship int~sts md/or fights, to consumer a pipeline,
which the Owner~
.... 'ated eaulpment and stmctmes as may be required for the transmission of
· --:~ ---,~in i-~d of the Owne~Obligeas, situated in Hampden
natural Eas over ana upon sa~ ,~' '-'
Townahip, Cmnberlen~t CoUnty, PA (with said parcel of land hc.t. ainafter boin~
........ · .,,a r~ht of way b~in~ herein ~ken and coudenmed
premises ), aha wire u~
being as d~ic~ed on the plan drawings attached h~to as Exhibit "A? Th~ easement hc~in
condemned by thc Cond~nn~/Principal shall not intod~r~ with said ?wn~rs'/Obligees' use and
...._ _....~.~ ~t: said oi~cline, except that no buildings or
enjoyment of said premises excep~ wr u~ ~,~
permanent non-movable structures shall be placed or e~cted by the Own~s/Oblig~s or any
' on or abov~ the surface ofthe land ancornpassed by thLs casem~t and right o~ way.
other p~rsons
NOW, THE COI~IDIT~OIq 0I~ THIS OBLIGAT~OI~I IS SUCH, I1~! if the above-bound
INC, its successors or assigns, orthe said SAFECO IN~URAi'ICE
U6I UTILITIES, -
COMPAI~IY OF AMERICA, Surety, its successors or asaill~s' or eithe~ of them, do and shall
well and truly pay, or cause to bo paid unto the said Owners/Obligers' their atiom~s, successors
or assigns, th~ dama§es they may sustain blt ~a.son oithe apprnpfiatiOn ofthe pipeline xight-o~-
way and e~sement and th~ construclion of the pipeline over the property herein described, when
· _. ,... o,,,~A uuon by lh~ pat-tics, o~ shall have been legally awarded to said
damages sriau u~ ,,e,---- -- . .. - .~ ,--'-~i,,,I is liable,
Owners/Obli§¢es, with interest and costs, if tonY may bc due, for wiuch sma r~,~-
~ this obligation is to bc void; other~vise, io be ~nd ~cmaiu in full fore aud cffcct-
UOI UTILITIES, INC.
(Corporate Seal)
Wiincss as ~o Surety AttOmey-in-l:act
It-ma I.
sECRETARY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF NO.
BARRY T. LYONS AND CYNTHIA A. LYONS
BY UGI UTILITIES, INC.
FOR PUBLIC PURPOSES
ORDER
AND NOW, this __ day of May, 2001, upon consideration ofUOI Utdltles, Inc. ,
Petition for Approval and Order for filing Bond, the Court being satisfied that the Condemnees,
Barry T. Lyons and Cynthia A. Lyons, have been given proper notice of uGrs intention to
present the subject Petition to this Court, and after affording the parties an opportunity to be
heard,
IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to file the
offerenced Bond with the Cumberland County Prothonotary, and that the amount of security
provided in and by that Bond is hereby approved by this Court.
BY THE COURT:
H1~¥-29-01 'rUE 08:3'/ t~lt PiilLLIP$ OFFICE pRODUCTS FaX NO. '/1'72498112 p, Ol
a5/27/2083. 10:39 63,8-3668955
IN TILE, COURT OF COMMON ]PLEAS OF CUMBERLAND COtINTY, PA
CIVIL ACTION - LAW
;j" ::~
CONDEMNATION OF EASEMENT : -..,
IN tu~: : No. 01-2szs CivnTe~ ,'.?
Az~i) luoIi'r o~ v/AY ACROSS LANDS O~ .
BARRY T. LYONS AND CYNTHIA A. LYONS
BY UGI UTILITIES, INC, :
irOR PUBLIC PURPOSES :
Thc und~$igned, Brian Shomper, b~ing an adult individual, does h~reby swear and affu'm
thai on Thursday, May 10, 2001, at approximately i.~7..:'5(3 .p_.m I did serve true and correct
copies of th~ peli~ion for Approval and O~der for Filin{~ Bond on Ban-y T. Lyons and Cynthia A.
Lyons, at their residence lovatcd at 5511 General ~reakins Drive, Mechanivsburg, PA. 17050 by
hand delivery to _...~C n~'hl,x ~.,. Lyons
Brian Shomper
Sworn to and subsclibed
before me this ~ day of
~oisry publ{~ l' }.;.i.--.:J'':'~' :' ~':' :*"~' ·
GM.'r. N~ ~ P~.'i0
Exhibit C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION ' LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS: NO. 01-21128 Civil Term
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
ORDER
AND NOW, this [)~'day of--M~, 2001, upon consideration of the Motion for En~'y of
Order Approving Filing of Condemnation Bond, and it being established that the ten-day
response period under 15 Pa. C.S.A. 1511 (g) has passed without the filing of any objections or
other response to U(}l's Condemnation Petition which was served on the Condemnees, Barry T.
Lyons and Cynthia A. Lyons.
IT IS ORDERED that said Motion is GliNTED;
IT IS FURTHER ORDERED that UGI Utilities, Inc., be and is hereby authorized to and
directed to file its Condenmetion Bond with the Cumberland County prothonotary, and that the
amount of security provided in and by that Bond is hereby approved b~y~s ~urt.
BY ~I-~E CO
UGI UTILITIES~ INC.
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned certifies that:
1. She is the duly elected and acting Assistant Secretary of UGI Utilities, Inc., a
Pennsylvania corporation (the "Company"), and as such is authorized to execute and deliver this
Certificate on behalf of the Company.
2. Below is a true and correct copy of resolutions duly adopted by the Executive
Committee of the Board of Directors of the Company by Unanimous Consent dated April 4, 2001:
RESOLVED, the exercise by the Company of its fight of
eminent domain as set forth in 15 Pa. C.S.A. Section 1511 as that
provision applies to acqnisifian of easements and rights of way with
respect to the acquisition of an easement and right of way, and the
placement therein of one or more ga~ distribution linen in Hampden
Township, Cumberland County, Pennsylvania, is approved.
RESOLVED, any officer of the Company is authorized to
execute and deliver such other agreements, certificates, consents,
corporate papers and other documents, make any payments and take
all other action, including without limitation, exercise of the Company's
power of eminent domain aa stated above, that such officer and counsel
for the Company may deem necessary or desirable to carry out the
intent and purposes of the foregoing resolution, including, without
limitation, the preparation and filing of Petitions for Approval and
Order for Filing Bond, and related Bonds, relative to the acquisition of
any and all easements and rights-of-way in and/or across certain
parcels of land along the route of the aforesaid project, including but
not limited to properties owned by Barry T. Lyons and Cynthia A.
Lyons.
3. These resolutions have not been amended, modified or rescinded and remain in full
force and effect on the date ofthis certificate.
Dated: April 4, 2001 M~~ M ~
[Coroorate Seal] ~n~/~
· Calabrese
Sec. Cer~UbI-Emin.doc
IN TH~ COURT OF COMIVlON ]PLEAS OF C~ERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RR: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRYT. LYONSANDCYlVI'IHAA. LYONS: NO. 6103357
BY UGI UTILITIF, S, INC. :
FOR PUBLIC PURPOSES :
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
K~OW ALL MEN BY THI~8£ PRBSENTS, that UGI UTILITIES, INC., a Peunsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482
(hereinafter "Principal" o~ 'Condanmor") and SAFECO INSURANCE COMPAHY OF
AMERICA (hereinafter 'Surely"), a ¢o~poration duly authorized under the laws of the Slate of
Washington, are held and fumly bound unto THE COMMOBIWEALTH OF PBI'q'NSYLVA.NIA,
for the use of Barry T. Lyons and Cynthia A. Lyons (hereinafter collectively
"Owners/Obligees"), in such sum or sums as the said Owners/Obligees shall be entitled to
recSive as damages by reason of the appropriation of a right-of-way and easement for the
puzposes Of construction, operation, maintenance, replacement and cb~?o_;ng the sizc of one or
more pipelines for the ~'sn*m;e, xiorl ~ dish'ibut~on of ~aRLra~ gas, and the ¢oustl'UCtioll over the
property hereinafter described, when said damages shall have been agreed upon by the parties or
shall have been legally awarded to said Owners/Obligees, with interest and costs, if any may bc
lc§ally due, for which said Principal is liable, to be made to said Owners/Obllgees, or thei~
attorneys, successors and assj~n-~: to whom payment well and truly to be made by
UTILITIES, INC., Principal, and SAFECO INSURABICB COMPAI~/' OF AIvlF_,RICA, Surety,
~a each of them Mhd themselves, their successors and assigns, firmly by these presents.
Wimess the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice
President, altesind by its Secretary, and the coq~orale seal of SAFEC0 INSURANCE
COMPANY OF AMERICA, Surety, by the hand of its A~tomey-in-Fact on this 20tklay of
March, 2001.
V~HBREAS, UGI UTILITIES, I~C., under lawful authority is about to enter upon land in
which the Owners/Obligees have ownership inun-ests md/or rights, to construc~ a pipeline,
~ogeth~- with such rela~d equipment and s~ructuros as may be required for the transmission of
natural gas over and upon said certain land of the Owncrs/Obligees, situated in Hampden
Township, Cumberland County, PA (wi~h said parcel of land hcreina.ffer being referred to as "the
?rem~-~¢s"), and with the subject easement and right of way being herein m.ken and condemned
being as depicted on the plan drawings auached hereto as Exhibit "A." The easement herein
condenmed by the Condenmor/Principal shall not interfere with said .Owners'/Obligees' use and
cnjoyment of said Premises except for the purposes of said pipeline, exccpt that no buildings or
permanent non-movable stmctores shall be pieced or erected by the Owners/Obligees or any
other persom on or above the surface of the land encompassed by this easement and right of way.
BLOW, THE COIqDITIOBI O1~ TI-IIS OBLIGATIOI~I IS SUCH, that if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURAI~ICE
GOMI~A-~Y OF AMERICA, Surety, its successors or assigns, or either of them, do and ~hakl
well and Uuly pay, or cause to be paid unto the said Owners/Obligees, their attorneys, successors
or assigns, the damages they may suslain by mason of the appropriation of the pipeline right-of-
way ~nd easemen! aa~d the conslrucfion of the pipeline over the property herein described, when
2
damages shall be agreed upon by the pa~ies, or shall have been legally awarded to said
Owners/Obligees, wbh interest and costs, if any may bc due, for which said Principal is liable,
then this obligation is to be void; otherwise, to be and remain iA full force and effect.
UGI UTILITIF. S, INC.
· ~t Secrem.,'y ~ Vice~/esidcnt
(Co.orate Seal)
In Rte presence of: ..,~E~O-'I~$URANCE COMPANY OF
/., /2__
WIIlIICSS iS tO ILrely ~" a . ' Ce
Ir'ua T. To£zes Attorney-ill-l~act
3
. POWER ~ ~NSU~Ce couP~ o~ ~P~C~
S A F E C O' OFATTORNEY
KNOW ALL BY THFJE PRE~ENT~:
Th~ ~AFE¢O INSURANCE COMPANY OF AMERICA .nd GENERAL INSURANCE COMPANY OF ~ each · WmNnglm .. ~. o-~---~. ~ ~ he.by
~ 29th ~w~ Harsh ._Z~)~_ ·
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS : NO.
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
ORDER
AND NOW, this day of May, 2001, upon consideration of UGl Utilities, Inc.'s,
Petition for Approval and Order for filing Bond, the Court being satisfied that the Condemnees,
Barry T. Lyons and Cynthia A. Lyons, have been given proper notice of UGrs intention to
present the subject Petition to this Court, and after affording the parties an opportunity to be
heard,
IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to tile the
referenced Bond with the Cumberland County Prothonotary, and that the amount of security
provided in and by that Bond is hereby approved by this Court.
BY THE COUP, T:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS : NO. t~) / -
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
NOTICE OF INTENT TO PRESENT CONDEMNATION PETITION AND BOND
To: Barry T. Lyons and Cynthia A. Lyons
5511 General Jenkins Drive "
Mechanicsbur8, PA 17050
Pursuant to and in accordance with the Pennsylvarfia Business Corporation Law of 1988,
Act of December 21, 1988 (P. L. 1444 No. 177(g)(2)(ii)), YOU ARE HEREBY NOTIFIED that
the attached Petition has been filed with the Cumberland County Prothonotary, and that if you do
not file an Answer or Objections thereto, WITHIN TEN (10) DAYS AFTER SERVICE OF
THIS PETITION UPON YOU, UGI Utilities, Inc., by and through its counsel, will file a Motion
with the Cumberland County Prothonotary, and present it to the Court for approval, seeking entry
of an Order in the form attached as Exhibit "C" to UGI's Petition, directing the filing of UGl's
original Bond. ~
Attorney tbr UGI Utilities, Inc.
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
BARRY T. LYONS AND CYNTHIA A. LYONS : NO. O /- ~- ~ .2 ~ ~ "T'".c,-~---
BY UGI UTILITIES, INC. :
FOR PUBLIC PURPOSES :
PETITION FOR APPROVAL AND ORDER FOR FILING CONDEMNATION BOND
AND NOW, comes the Petitioner, UGI UTILITIES, INC., by and through its attorney,
Kevin T. Fogerty, Esquire, and respectfully petitions this Honorable Court as follows:
1. The Petitioner, UGI UTILITIES INC. ("UGI"), is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, and is principally engaged in the
business of producing, purchasing, storing, transporting and distributing natural gas. The
Petitioner maintains its principal office and place of business in Valley Forge, Momgomery
County, Pennsylvania, and has as its mailing address P.O. Box 858, Valley Forge, PA 19482.
2. The Petitioner, a public utility, by virtue of the power of eminent domain as
provided in the Pennsylvania Business Corporation Law of 1988, 15 P.S. Section 1511, and by
resolution duly adopted by the Executive/Nominating Committee of its Board of Directors on
March 19, 2001, as evidenced by the Secretary's Certificate attached hereto and marked as
Exhibit "A," has determined and concluded to enter upon, take and appropriate for a public
purpose, an easement and right of way over and upon a certain parcel of land located in Hampden
Township, Cumberland County, PA, by route surveyed and located for the purposes of
constructing, operating, maintaining, replacing and changing a pipeline ~r the transportation,
transmission and distribution of natural gas with the right in said company, its successors and
assigns to enter upon such easement and/or right of way at such times as may be fit and necessary.
for said purposes.
3. Petitioner believes and avers that the only persons or entities having an ownership
interest in the property being condemned are being the legal and equitable titleholders, Barry. T.
Lyons and Cynthia A. Lyons, respectively and being referred to herein collectively as "the
Owners." Petitioner alleges and avers that the aforesaid Owners hold legal title to this property
by virtue ora Deed recorded at the Cumberland County Recorder of Deeds Office, at Deed Book
Volume 140, Page 867.
4. Since in or about January, 2001, the Petitioner, through its agents and employees,
has attempted to secure an agreement for a pipeline easement and right of way over and through
the subject parcel of land from the Owners referenced in Paragraph 3 hereinabove. In that
respect, the Petitioner has attempted to contact the Owners to try and agree as to the damages
properly payable, but to date has been unable to do so tc~r the purpose of entering into an
agreement/contract for such easement and right of way; hence, the Petitioner and the Owners
have not agreed upon reasonable compensation to be paid therefor and to affix the amount of
damages, if any, which would be occasioned by the taking of said easement and said right of way
and the construction of said pipeline.
$. A copy of the Bond ofthe Petitioner with Safeco Insurance Company of America,
a surety authorized to do business in the Commonwealth of Pennsylvania, which is conditioned
for the payment of all damages arising from the appropriation of said easement and right of way
and the location and construction of the pipeline on the aforesaid parcel of land of the Owners
referenced in Paragraph 3 hereinabove, the original of which is to be presented to this Court, is
attached hereto as Exhibit "B." It is pursuant to this Bond that title to the aforesaid easement and
right of way will pass to the Petitioner, with the attendant right of possession for purposes of its
easement, right of way, and installation of its pipeline.
6. This Petition and the proposed Order seeking approval and directing the filing of
the related Bond, will be presented for approval to the Cumberland County Court of Common
Pleas upon expiration of the ten-day response period set forth in 15 Pa. C.S.A. Section
1511 (g)(2)(ii).
WHEREFORE, UGI UTILITIES, INC., respectfi~lly re~luests this Honorable Court enter
an Order approving the form and substance ofthe Bond attached hereto as Exhibit "B," and
ordering that said Bond be filed with the Cumber[and County Prothonotary.
L A~.~~. FOGERTY
BY:~e~ge~Esqu~re
Attorney for Petitioner
UGI Utilities. Inc.
1620 Pond Road - Suite 301
Allentown, PA 18104
(6]0) 366-0950
PA Supreme Ct. No. 36667
3
I, THOMAS M. JACKAL, hereby state and verify that I am the Vice President - Law
of UGI Utilities, Inc., that I am authorized to take this Verification on behalf of said
Petitioner, and that the facts set forth in the foregoing Petition are true and correct to the best
of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904 relating to unsworn falsification to authorities.
UGI
IN THE COURT O1~ COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT O1~ WAY ACROSS LANDS O1~ :
BARRY T. LYONS AND CYNTHIA A. LYONS: NO. 01-2528 Civil Term
BY UGI UTILITIES, INC. :
~'OR PUBLIC PURPOSES :
AI~FIDAVIT OF SERVICE
The undersigned, Brian Shomper, being an adult individual, does hereby swear and affu'm
~hat on Thursday, May 10, 200 !, at approximately i?.: ~0 .p_.m I did serve true and correct
copies of thc Petition for ApproYal and Order for Filing Bond on Barry T. Lyons and Cynthia A.
Lyons, at their residence localed at 5511 General 3enki~s Drive, Mechanicsburg, PA i 7050 by
hand delivery to C,,,nt'h;~ A. Lyons
Brian Shomper
Sworn to and subscribed
before me this ~_i~_._ day of
Notarial Seal
Lerov E. Gi~,~gr, N~ary Publ!c
H?z'~bmg, D'_,ilph!n Ceunly
My Cem;'",!~.~ o I Exp res Aar. 19. 2003
IN THE COURT OF CObllVlON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF : ~1- a~ @~
BARRY T. LYONS AND CYNTHIA A. LYONS : NO.
BY UGI UTILITIF~ INC. :
FOR PUBLIC PURI~OSES :
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
KNOW ALL MEN BY THESE PRESENTS, ~h~t UG! UTILITIES, INC., a Pennsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482
(hereinaP, er "Principal" or "Condemnor") and SAFECO INSURANCE COMPANY OF
AMERICA (hereinafter "Surer3,"), a corporation ch.qy authorized under the laws of ~he State of
Washington, are held and firmly bound unto THE COMMONWEALTH OF pENNSYLVANIA,
f~r the use of Barry T. Lyom and Cynthia A. Lyons (hereinafter collectively
"Owners/Obligces"), in such sum or sums as ~he saki Owners/Obligees s~all be enfitted to
receive as a~mages by reason of the appwpriation of a r/ihT-of-way and easement t~or thc
purposes of Cons1~rucfion, operation, maintenance, replaccmcn~ and cb~;ug the size of one or
more pipelines for thc tr~,~mlss/on and distr/bution of natural gas, and the construction over the
property hereinafter described, when said damages shall have been agreed upon by the parties or
shall have been legally awerdcd to said Owners/Obligees, with interest and costs, if anY may be
leg=lly due, for wh/ch said Principal is l/able, to be made to said Ownm-s/Obligees, or their
attorneys, successors and as~, to whom payment well and truly ro be made by
uTH.I'I'IES, INC., Principal, and SAPECO INSURANCE COMPANY OF AMERICA, Surly,
and each of them bind themsalves, their s~ccessors and assi~, firmly By these prescnls.
Wimess the corporate seal of UGl UTILITIES, rNC., by the hand of its Senior Vice
President, attested by its Secret~y, and the corporate seal of SAFECO INSURANCE
CO1VIPANY OF AIW. ERICA, Sm~y, by the hand of ils Attorney-in-Fac! on this 20tlflay of
March, 2001.
WHBP, EAS, UGI UTILITIES, INC., under lawful anthorW/is about to enter upon land in
which the Owners/Obligees have ownership intorests md/or rights, to consuuc~ a pipeline,
wgcfl~r with such related equipment and SlmCtUreS as may be requ/red for the ~ransmission of
natural gas over and upon said cenah land of the Ownem/Obligees, situated in Hampden
Towmship, Cumberland County, PA (with said parcel of land hcreinafler being refm-md to as "thc
premlscs"), and with ~h¢ subject easement and right of way being herein token and condenmed
being as depicted on the plan drawh~Es at~ached hereto as Exhibit "A." The easement herein
condemned by the Condemnor/Principel shall not inteder~ with said Owners'/Obli§ees' use and
cnjoyment of said premises except for the purposes of said pipeline, exccpt that no buildh~s or
pei-rnanent non-movable s~uclures shall be placed or erected by the Owners/Obllgees or any
ther persons on or above the surface of the land encompassed by ~ casement and right of way.
NOW, THE CONDrI'IOlq OF THIS OBLIGATION IS SUCH, flint if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURANCE
COMPANY OF AMERICA, Sure~, its successors or assigns, or either of them, do and shall
well and lruly pay, or cansc to be paid unto the sa/d Owners/Obligees, their attorneys, successors
or assigns, the damages ,,hey may sustain by reason of ~be appmpdalion of the pipeline right-of-
way and easement and the conslruclion of the pipeline over the preperty herein described, when
2
damages shall bc ~reed ~pon by the parties, or $~nli have been legally aw~cl¢cl to ~aid
Owners/Obligees, wi~h intex'est and costs, finny may bc due, for which s~d Pnnczpa! ~s lmble,
then th~s obligation is To be void; other~se, to be and ~cmain ~n full force and effect.
UGI IYrlLITIES, 1NC. /~ /~
· Assisu~t Secretary ~ Vi~Tidcn~ ~
(Corporate Seal)
SA CO S CE CO.ANY oF
In Rte presence of: .. ' AMERICA) ~
Wimcss as to Surety Attomcy-Lu-Fa~t
pOWER
~ S A P E .C O' OFAT~ORNEY ~o~c~:
' s~E. W~I~T~ ~1~
~. ~14
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KA. PIF. R~)N, SECRETARY