HomeMy WebLinkAbout04-6136S:\current\ugi~anechanicsburg borough\condemnation forms\taylors.doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
NOTICE OF INTENT TO PRESENT CONDEMNATION PETITION AND BOND
To: Robert D. Taylor and
Ollie Lucille Taylor
607 Green Acre Street
Mechanicsburg, PA 17055
Pursuant to and in accordance with the Pennsylvania Business Corporation Law of 1988,
Act of December 21, 1988 (P.L. 1444 No. 177(g)(2)(ii)), 15 P. S. Section 151 l(g)(2), 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 UGI's original Bond.
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAw
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
ROBERT D. TAYLOR AND OLLIE
LUCILLE TAYLOR, his wife BY UGI
UTILITIES, INC., FOR PUBLIC PURPOSES
: No.
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 natttral 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. Section 1511, and by
resolution duly adopted by the Executive Committee of its Board of Directors on November 8,
2004, 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 Mechanicsburg Borough,
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
SScurrent\ugihnechanicsburg borough\condemnation forms\taylors.doc
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 is the legal and equitable titleholder, Robert D. Taylor
and Ollie Lucille Taylor, his wife, being referred to herein as "the Owner." Petitioner alleges
and avers that the aforesaid Owner holds legal title to this property by virtue of a Deed recorded
at the Cumberland County Recorder of Deeds Office, Deed Book Q15, Page 484, Tax Map 20-
24-0785-074.
4. Since in or about September, 2004, 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 Owner referenced in Paragraph 3 hereinabove.
In that respect, the Petitioner has attempted to contact the Owner 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 Owner
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.
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
2
S:\current\ugi~nechanicsburg borough\conder~nation forms~taylors.doc
and the location and construction of the pipeline on the aforesaid parcel of land of the Owner
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., 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; a form of that Order
is attached hereto as Exhibit "C."
LAW OFFICES OF KEVIN T. FOGERTY
Kevin T Fogert
Attorney for Pet~r~
UGI Utilities, Inc.
Mill Run Office Center
1275 Glenlivet Drive, Suite 150
Allentown, PA 18106
610-366-0950
PA Supreme Ct. No. 36667
VERIFICATION
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, partly upon personal knowledge,
the remainder upon 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 unswom falsification to authorities.
Date: November 18_~__., 2004
~'Thomas . Jackal
EXHIBIT A
UGI UTILITIES, INC.
SECRETARY'S CERTIFICATE
The undersigned certifies that:
1. She is the duly elected and acting 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 lrue and correct copy of resolutions duly adopted by the Executive
Committee of the Board of Directors of the Company by Unanimous Consent dated November 8,
2004:
RESOLVED, the exercise by the Company of its right of eminent
domain as set forth in 15 Pa. C. S. A. Section 1511 as that provision applies to
acquisition of easements and rights of way with respect to the acquisition of
six easements and rights of way, and the placement in each of one or more
gas distribution lines, in Mechanicsburg Borough, Cumberland County, PA,
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 as
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
projects, including but not limited to properties owned by (0 Robert D.
Taylor and Ollie Lucille Taylor, (ii) Catherine C. Hostetler, (iii) Jacob W.
Blust and Barbara A. Blust, (iv) Frank Barton Miller, Jr. and Mary Louise
Miller, (v) Roland D. Stock and Melissa M. Stock, and (vi) Robert P. Strous
and Shirley E. Strous.
3. These resolutions have not been mended modified or rescinded and remain in full force
and effect on the date of this certificate.
Dated: November 16, 2004
[Corporate Seal]
Sec .Cer\iJUI. ~aitL~4 ! 108
~. Calabres~/~e
EXHIBIT B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife, BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
No.
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482
(hereinafter "Principal" or "Condemnor") and SAFECO INSURANCE COMPANY OF
AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of
Washington, are held and firmly bound unto THE COMMONWEALTH OF PENNSYLVANIA,
for the use of Robert D. Taylor and Ollie Lucille Taylor, (hereinafter collectively
"Owners/Obligees"), in such sum or sums as the said Owners/Obligees shall be entitled to receive
as damages-- Surety's liability being limited to Seventy-Five Hundred ($7,500.00) Dollars-- by
reason of the appropriation of a right-of-way and easement for the purposes of construction,
operation, maintenance, replacement and changing the size of one or more pipelines for the
transmission and distribution 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 awarded to said Owners/Obligees, with interest and costs, if any may be legally due, for
which said Principal is liable, to be made to said Owners/Obligees, or their attorneys, successors
and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, and
C:\Documents and SettingsXaleuschn\My DocumentsX,Bond No. 6251718
SAFECO INSURANCE COMPANY OF AMERICA, Surety, and each of them bind themselves,
their successors and assigns, firmly by these presents.
Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Vice President -
Law, attested by its Secretary, and the corporate seal of SAFECO INSURANCE COMPANY OF
AMERICA, Surety, by the hand of its Attorney-in-Fact on this 2nd day of November, 2004.
WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon land in
which the Owners/Obligees have ownership interests and/or rights, to construct a pipeline,
together with such related equipment and structures as may be required for the transmission of
natural gas over and upon said certain land of the Owners/Obligees, situated in Mechanicsburg
Borough, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the
Premises"), and with the subject easement and right of way being herein taken and condemned
being as depicted on the plan drawings attached hereto as Exhibit "A." The easement herein
condemned by the Condemnor/Principal shall not interfere with said Owners'/Obligees' use and
enjoyment of said Premises except for the purposes of said pipeline, except that no buildings or
permanent non-movable structures shall be placed or erected by the Owners/Obligees or any
other persons on or above the surface of the land encompassed by this easement and right of
way. /
NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURANCE
COMPANY OF AMERICA, Surety, its successors or assigns, or either of them, do and shall
well and truly pay, or cause to be paid unto the said Owners/Obligees, their attorneys, successors
C:\Documents and SettingskaleuschnkMy Documents~Bond No. 6251718
or assigns, the damages they may sustain by reason of the appropriation of the pipeline right-of-
way and easement and the construction of the pipeline over the property herein described, when
damages shall be agreed upon by the parties, or shall have been legally awarded to said
Owners/Obligees, with interest and costs, if any may be due, for which said Principal is liable,
then this obligation is to be void; otherwise, to be and remain in full force and effect.
ATTEST:
X ~7~J{~fi~.-Secretary
(Comorate Seal)
UGI UTI~I~TI~S, IN~ /
V~ce Pr~f_ent - Law
In the presence off
Witness as to Surety
,,~NSURANCE COMPANY OF
t~, AJqNETTE M.LEUSCHNE]~r~
AttomeyAn-Fact
SAFEC.OTM
POWER
OF ATTORNEY
SAFE(~O INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WA.SHINGTON. 98185
No. 5014
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
**********DARELLA E. WHITE; MARY C. O'LEARY; MAUREEN MCNEILL; DOUGLAS R. WHEELER; SANDRA E, BRONSON; RICHARD A. JACOBUS; NElL C.
DONOVAN; ANNETTE M. LEUSCHNER; Philadelphia, Pennsylvania***********************************************************************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
CHRISTINE MEAD, SECRETARY
CERTIFICATE
day of April 2003
MIKE MCGAVlCK, PRESIDENT
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. ~ FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (il The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, anti
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 2nd day of NOV(~3e~ ~
CHRISTINE MEAD, SECRETARY
S-0974/SAEF 2101
® A registered trademark of SAFECO Corporation
04/07/2003 PDF
EXHIBIT A
CHECKED
APPRDVED
UGI UTILITIES, INC.
GAS UTILITY DIVISION - HARRISBURG AREA
~t~: ~ 1~,/9 ~
D~ NO.:
S:\current\ugi~mechanicsburg borough\condemnation forms\taylors,doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
ROBERT D. TAYLOR AND OLLIE
LUCILLE TAYLOR, his wife, BY UGI
UTILITIES, INC., FOR PUBLIC PURPOSES
: No.
ORDER
AND NOW, this ~ day of ,2004, upon consideration of UGI Utilities,
Inc.'s, Petition for Approval and Order for filing Bond, the Court being satisfied that the
Condemnee, Robert D. Taylor and Ollie Lucille Taylor, his wife, have been given proper notice
of UGI's 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
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 COURT:
Jo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT AND :
RIGHT OF WAY ACROSS LANDS OF ROBERT D. :
No. 04-6136
TAYLOR AND OLLIE LUCILLE TAYLOR, his wife, :
BY UGI UTILITIES, INC., FOR PUBLIC PURPOSES :
MOTION FOR APPROVAL OF CONDEMNATION PETITION AND BOND
AND NOW, comes UGI Utilities, Inc., by and through its attorney, Kevin T. Fogerty,
Esquire, and respectfully moves this Honorable Court as follows:
1. On December 8, 2004, the Condemnor/Movant, UGI Utilities, Inc. CUGI"),
filed its Petition for Approval and Order for Filing Bond in connection with this easement
condemnation proceeding. A true and correct copy of that Petition is attached hereto as
Exhibit "A."
2. On Wednesday, December 15, 2004, a true and correct copy of that Petition
(plus related cover sheet advising the Condemnees of UGI's intention to present this Petition
for Court approval if no objections or answer would be filed within ten (10) days after service
of the Petition on the Condemnees), was served by hand delivery on the Condemnees. A true
and correct copy of an Affidavit of Service is attached hereto as Exhibit "B."
3. More than ten (10) days have passed since service of UGI's Petition on the
Condemnees; as such, pursuant to 15 Pa. C. S. A. Section 1511 (a copy of which is attached
hereto as Exhibit "C"), UGI is entitled to present its Petition and request entry of an Order
directing and authorizing the filing of its Condemnation Bond.
S:\current\ugi~nechanicsburg borough\condemnation forms~notion.acp-taylor.doc
4. Based on the foregoing, UGI is entitled to and therefore requests immediate entry
of an Order of Court in the form as that affixed to this Motion.
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 UGI's Petition,
and ordering that said Bond be filed with the Cumberland County Prothonotary.
LAW OFFICES OF KEVIN T. FOGERTY
Kevin T. Foger~yttEsq.~ire
Attorney for U~Utilities, Inc.
Mill Run Office Center
1275 Glenlivet Drive, Suite 150
Allentown, PA 18106
610-366-0950
Attorney I.D. No. 36667
s:\current\ugi~mechanicsburg borough~condemnation forms\taylors.doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
NOTICE OF INTENT TO PRESENT CONDEMNATION PETITION AND BOND
To:
Robert D. Taylor and
Ollie Lucille Taylor
607 Green Acre Street
Mechanicsburg, PA 17055
Pursuant to and in accordance with the Pennsylvania Business Corporation Law of 1988,
Act of December 21, 1988 (P.L. 1444 No. 177(g)(2)(ii)), 15 P. S. Section 151 l(g)(2), 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 UGI's original Bond.
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
ROBERT D. TAYLOR AND OLLIE
LUCILLE TAYLOR, his wife BY UGI
UTILITIES, INC., FOR PUBLIC PURPOSES
: No.
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, 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. Section 1511, and by
resolution duly adopted by the Executive Committee of its Board of Directors on November 8~
2004, 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 Mechanicsburg Borough,
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
S:\current\ugi\m¢chanicsburg borough\condemnation forms\taylors.doc
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 is the legal and equitable titleholder, Robert D. Taylor
and Ollie Lucille Taylor, his wife, being referred to herein as "the Owner." Petitioner alleges
and avers that the aforesaid Owner holds legal title to this property by virtue of a Deed recorded
at the Cumberland County Recorder of Deeds Office, Deed Book Q15, Page 484, Tax Map 20-
24-0785-074.
4. Since in or about September, 2004, 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 Owner referenced in Paragraph 3 hereinabove.
In that respect, the Petitioner has attempted to contact the Owner 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 Owner
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.
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
2
S:\¢urrent\ugi~nechanicsburg borough\condemnation forms\taylors.doc
and the location and construction of the pipeline on the aforesaid parcel of land of the Owner
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., 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; a form of that Order
is attached hereto as Exhibit "C."
LAW OFFICES OF KEVIN T. FOGERTY
Kevin T. Fogert .y~,EsC~u,,re_J
Attorney for Petiti~r~r -
UGI Utilities, Inc.
Mill Run Office Center
1275 Glenlivet Drive, Suite 150
Allentown, PA 18106
610-366-0950
PA Supreme Ct. No. 36667
VERIFICATION
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 tree and correct, partly upon personal knowledge,
the remainder upon 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 unswom falsification to authorities.
Date: November 18 , 2004 -/~t~,-~/c.~r'..
*~Thomas M. Jackal
Vic~ P~sident - Law
UOg'Utilities, Inc.
EXHIBIT A
UGI UTILITIES, INC.
SECRETARY'S CERTIFICATE
The undersigned certifies that:
1. She is the duly elected and acting 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 tree and correct copy of resolutions duly adopted by the Executive
Committee of the Board of Directors of the Company by Unanimous Consent dated November 8,
2004:
RESOLVED, the exercise by the Company of its right of eminent
domain as set forth in 15 Pa. C. S. A. Section 1511 as that provision applies to
acquisition of easements and rights of way with respect to the acquisition of
six easements and rights of way, and the placement in each of one or more
gas distribution lines, in Mechaniesburg Borough, Cumberland County, PA,
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 ali other action, including
without limitation, exercise of the Company's power of eminent domain as
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 r~lated Bonds,
relative to the acquisition of any and ali easements and rights-of-way in
and/or across certain parcels of land along the route of the aforesaid
projects, including but not limited to properties owned by (0 Robert D.
Taylor and Ollie Lucille Taylor, (ii) Catherine C. Hostetler, (iii) Jacob W.
Blust and Barbara A. Binst, (iv). Frank Barton Miller, Jr. and Mary Louise
Miller, (v) Roland D. Stock and Melissa M. Stock, and (vi) Robert P. Strous
and Shirley E. Strous.
3. These resolutions have not been amended modified or rescinded and remain in full force
and effect on the date of this certificate.
Dated: November 16, 2004
[Corporate Seal]
Sec. Cer\UUl- Etnin4)41108
EXHIBIT B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife, BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
No.
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482
(hereinafter "Principal" or "Condenmor") and SAFECO INSURANCE COMPANY OF
AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of
Washington, are held and firmly bound unto THE COMMONWEALTH OF PENNSYLVANIA,
for the use of Robert D. Taylor and Ollie Lucille Taylor, (hereinafter collectively
"Owners/Obligees"), in such sum or sums as the said Owners/Obligees shall be entitled to receive
as damages-- Surety's liability being limited to Seventy-Five Hundred ($7,500.00) Dollars-- by
reason of the appropriation of a right-of-way and easement for the purposes of construction,
operation, maintenance, replacement and changing the size of one or more pipelines for the
transmission and distribution 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 awarded to said Owners/Obligees, with interest and costs, if any may be legally due, for
which said Principal is liable, to be made to said Owners/Obligees, or their attorneys, successors
and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, and
C:~:~cumcnts and Scttings~aleuschn\My Documcnts'~Bond No. 62517 ! 8
SAFECO INSURANCE COMPANY OF AMERICA, Surety, and each of them bind themselves,
their successors and assigns, firmly by these presents.
Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Vice President -
Law, attested by its Secretary, and the corporate seal of SAFECO INSURANCE COMPANY OF
AMERICA, Surety, by the hand of its Attorney-in-Fact on this 2nd day of November, 2004.
WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon land in
which the Owners/Obligees have ownership interests and/or rights, to construct a pipeline,
together with such related equipment and structures as may be required for the transmission of
natural gas over and upon said certain land of the Owners/Obligees, situated in Mechanicsburg
Borough, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the
Premises"), and with the subject easement and right of way being herein taken and condemned
being as depicted on the plan drawings attached hereto as Exhibit "A." The easement herein
condemned by the Condemner/Principal shall not interfere with said Owners'/Obligees' use and
enjoyment of said Premises except for the purposes of said pipeline, except that no buildings or
permanent non-movable structures shall be placed or erected by the Owners/Obligees or any
other persons on or above the surface of the land encompassed by this easement and right of
way.
NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURANCE
COMPANY OF AMERICA, Surety, its successors or assigns, or either of them, do and shall
well and truly pay, or cause to be paid unto the said Owners/Obligees, their attorneys, successors
C:\Documents and Settings~alcuschn\My Documents\Bond No. 6251718
or assigns, the damages they may sustain by reason of the appropriation of the pipeline fight-of-
way and easement and the construction of the pipeline over the property herein described, when
damages shall be agreed upon by the parties, or shall have been legally awarded to said
Owners/Obligees, with interest and costs, if any may be due, for which said Principal is liable,
then this obligation is to be void; otherwise, to be and remain in full force and effect.
ATTEST:
A c ~i~tq~5~ Secretary
!
(Comorate Seal)
Vice Pr~ .ent - Law
In the presence off
Witness as to Surety
OcTSURANCE COMPANY OF
Attorney-in-Fact
POWER
S A F E.C O' OFATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURAI~CE COMP, ANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 5014
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
**********DAP. ELLA E. WHITE; MARY C. O'LEARY; MAUREEN MCNEILL; DOUGLAS R. WHEELER; SANDRA E. BRONSON; RICHARD A. JACOBUS; NElL C
DONOVAN; ANNETTE M. LEUSCHNER; Philadelphia, Pennsy~vania***********************************************************************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this
CHRIS.NE MEAD, SECRETARY
7th
CERTIFICATE
day of April 2003
MIKE MCGAVICK, PRESIDENT
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS .,. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact o~ under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (Il The provisions of Article V, Section 13 of the By-Laws, and
(il) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretaw of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certifi/
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 213d day of NOVi~I:)e¥' 2004
CHRISTINE MEAD, SECRETARY
S-09741SAEF 2/01
O A regiatered trademark of SAFECO Corporation
04/0712003 PDF
EXHIBIT A
UGI UTILITIES, INC.
GAS UTILITY DIVISION - HARRISBURG AREA
EXHIBIT C
S:\current\ugi\mechanicsburg borough~condemnation forms\taylors.doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OFEASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife, BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
No.
0 -I- G I
ORDER
AND NOW, this ~ day of ,2004, upon consideration of UGI Utilities,
Inc.'s, Petition for Approval and Order for filing Bond, the Court being satisfied that the
Condemnee, Robert D. Taylor and Ollie Lucille Taylor, his wife, have been given proper notice
of UGI's 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
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 COURT:
Jo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife, BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
No.
AFFIDAVIT OF SERVICE
The undersigned, Tammie M. Lowry, being an adult individual, does hereby swear and
affirm that on {i;~o d day, December-L~, 2004, at approximately ;:>~ 3 ~' ~o__.m, I did serve a
tree and correct copy of thc Petition for Approval and Order for Filing Condemnation Bond filed
in this case on Robert D. Taylor and Ollie Lucillc Taylor, at
~.fF7 ~r'e,v,-} ,/~C/C., ~:-f/e_~ ~- , P'loa, h.q/l~r.~. /{,~.~ ,PA I 7~.~ '~ byhand
deliveryto ~Do/~e,./- 1}
Tammie M. Lowry
Sworn to and sull}~gl'ibcd
before me this'br~/l day of
Dece,[nber, 2004.
Notary Public
S:\current\ugi~nechanicsburg borough~motion.acp-taylor, doc
CERTIFICATE OF SERVICE
I, Kevin T. Fogerty, Esquire, counsel for UGI Utilities, Inc., in this proceeding, hereby
state and certify that on Thursday, December 30, 2004, I served by first-class mail, a true and
correct copy of this Motion for Approval of Condemnation Petition and Bond, upon the
following:
Robert D. Taylor and Ollie Lucille Taylor
607 Green Acre Street
Mechanicsburg, PA 17055
Condemnees
Date:
December 30, 2004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT :
AND RIGHT OF WAY ACROSS LANDS OF :
ROBERT D. TAYLOR AND OLLIE :
LUCILLE TAYLOR, his wife, BY UGI :
UTILITIES, INC., FOR PUBLIC PURPOSES
No. dS'-/-/,:, /,g
AFFIDAVIT OF SERVICE
The undersigned, Tamrnie M. Lowry, being an adult individual, does hereby swear and
affirm that on ~iJ~ d day, December _~, 2004, at approximately D'.3~' tO__.m, I did serve a
true and correct copy of the Petition for Approval and Order for Filing Condemnation Bond filed
in this case on Robert D. Taylor and Ollie Lucille Taylor, at
delivery to
, PA I 71J$-$-, by hand
Tammie M. Lowry
Sworn to and sul~ql-ibed
before me this'bra Il day of
No i S al
Leroy E. Givler, Notary Public
· Cig of Harrisburg, Dauphin County
~ay ommisaion Expire$ Apr. 19. 2007
Member, Pennsylvania Association of
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
ROBERT D. T AYLOR AND OLLIE
LUCILLE TAYLOR, his wife, BY UGI
UTILITIES, INC., FOR PUBLIC PURPOSES
No. 04-6136
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
KNOW ALL MEN BY THESE PRESENTS, that UOl UTILITIES, INC., a Pennsylvania
corporation, having its principal offices located in Valley Forge, Montgomery County, P A 19482
(hereinafter "Principal" or "Condemnor") and SAFECO INSURANCE COMPANY OF
AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of
Washington, are held and firmly bound unto THE COMMONWEALTH OF PENNSYLVANIA,
for the use of Robert D. Taylor and Ollie Lucille Taylor, (hereinafter collectively
"Owners/Obligees"), in such sum or sums as the said Owners/Obligees shall be entitled to receive
as damages-- Surety's liability being limited to Seventy-Five Hundred ($7,500.00) Dollarsn by
reason of the appropriation of a right-of-way and easement for the purposes of construction,
operation, maintenance, replacement and changing the size of one or more pipelines for the
transmission and distribution 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 awarded to said Owners/Obligees, with interest and costs, if any may be legally due, for
which said Principal is liable, to be made to said Owners/Obligees, or their attorneys, successors
and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, and
C:\Documents and Settings\aleuschn\My Documents\Bond No. 6251718
SAFECO INSURANCE COMPANY OF AMERICA, Surety, and each ofthem bind themselves,
their successors and assigns, firmly by these presents.
Witness the corporate seal ofUGI UTILITIES, INC., by the hand of its Vice President -
Law, attested by its Secretary, and the corporate seal of SAFE CO INSURANCE COMPANY OF
AMERICA, Surety, by the hand of its Attorney-in-Fact on this 2nd day of November, 2004.
WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon land in
which the Owners/Obligees have ownership interests and/or rights, to construct a pipeline,
together with such related equipment and structures as may be required for the transmission of
natural gas over and upon said certain land of the Owners/Obligees, situated in Mechanicsburg
Borough, Cumberland County, PA (with said parcel ofland hereinafter being referred to as "the
Premises"), and with the subject easement and right of way being herein taken and condemned
being as depicted on the plan drawings attached hereto as Exhibit "A." The easement herein
condemned by the Condemnor/Principal shall not interfere with said Owners' /Obligees' use and
enjoyment of said Premises except for the purposes of said pipeline, except that no buildings or
permanent non-movable structures shall be placed or erected by the Owners/Obligees or any
other persons on or above the surface ofthe land encompassed by this easement and right of
way.
NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound
UGI UTILITIES, INC., its successors or assigns, or the said SAFECO INSURANCE
COMPANY OF AMERICA, Surety, its successors or assigns, or either of them, do and shall
well and truly pay, or cause to be paid unto the said Owners/Obligees, their attorneys, successors
C:\Documents and Settings\aleuschn\My Documents\Bond No. 6251718
or assigns, the damages they may sustain by reason of the appropriation of the pipeline right-of-
way and easement and the construction of the pipeline over the property herein described, when
damages shall be agreed upon by the parties, or shall have been legally awarded to said
Owners/Obligees, with interest and costs, if any may be due, for which said Principal is liable,
then this obligation is to be void; otherwise, to be and remain in full force and effect.
--~~kJ ~ UtL~
;\csiot+: Secretary
,
(Corporate Seal)
b~r'*h~
Witness as to Surety
SAFE(:::Q INSURANCE COMPANY OF
~'JCf
Y'~~
~NETTE M.LEUSCHNElt-
Attorney-in-Fact
In the presence of:
~ s Ii FEe o~
';"~
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAlINSURA"NCE COMPANY OF AMERICA
HOME OFFICE: SAFE CO PLAZA
SEATTLE, WASHINGTON 98185
No. 5014
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPAI~Y OF AMERICA, each a Washington corporation, does each
hereby appoint
+u*******DARELLA E. WHITE; MARY C. O'LEARY; MAUREEN MCNEILL; DOUGLAS R_ WHEELER; SANDRA E. BRONSON; RICHARD A. JACOBUS; NEIL C
DONOVAN; ANNETTE M_ LEUSCHNER; Philadelphia, Pennsylvania.. ** **** ** **... ** *** "''''*.... ** *,~.. ** "'* ** *. *..*. "'. **"''''. ***** "'*.... *. **.* ... *.*. *... ... *. **
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
day of April , 2003
~k jA'-~'rA-
MIKE MCGAVICK, PRESIDENT
CHRISTINE MEAD, SECRETARY
CERTIFICATE
Extract from the By~Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. . FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys~in~fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents -of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impn3ssed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSlIRANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970,
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment. executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a l'acsimHe thereof."
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By.Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
2nd
day of
Novarber
2004
CHRISTINE MEAD, SECRETARY
S..Q974/SAEF 2/01
4ll A registered trademark of SAFECO Corporation
04/07/2003 PDF
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GAS UTILITY DIVISION - HARRISBURG AREA
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S'~c'urrent\ugi\mechanicsburg borough\condemnation forms\taylors.doc
JAN 0 5 200S.Y
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
ROBERT D. TAYLOR AND OLLIE
LUCILLE TAYLOR, his wife, BY UGI
UTILITIES, INC., FOR PUBLIC PURPOSES
No. OLj- (Q 131..P
LIV I l
ORDER
AND NOW, this -f$. day Of~, 20Q(:;on consideration ofUOl Utilities,
Inc. 's, Petition for Approval and Order for filing Bond, the Court being satisfied that the
Condemnee, Robert D. Taylor and Ollie Lucille Taylor, his wife, have been given proper notice
of UGl's intention to present the subject Petition to this Court, and after affording the parties an
opportunity to be heard,
IT IS ORDERED that UOl Utilities, Inc., is hereby authorized and directed to file 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.
}J:/
BY THE COURT:/
,
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