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Home My WebLink About04-6365 F, IFlLESIDA T AFlLEIGeneralICurrentI8394,6,com2/drg Created: 12/14/04 856AM Revised' 12/17/04 2'55PM 8394 6 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND g:>UNTY, PENNSYLVANIA D ~- b$ tJ,;) NO. tv - /qtp -oy CIVIL ACTION-LAW KASUAL COMPUTING, INC., Plaintiff SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,...., ORFF WILLIAMS & OTTO Dated: December 17, 2004 By David R. Ga loway, Eoquire I. D. Number 87326 Ten East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff KASUAL COMPUTING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CNIL ACTION-LAW SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Kasual Computing, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Kasual Computing, Inc. is a Pennsylvania corporation with its principal office located in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant South Central Pennsylvania Sickle Cell Council is an non-profit corporation with its principal office at 3211 North Front Street, Suite 103, Harrisburg, Dauphin County, Pennsylvania. COUNT I BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. On or about August 28, 2003, Defendant contracted with Plaintiff for certain computer related services outlined in a proposal of the above date. A copy of Plaintiffs proposal to provide computer related services for $4,500 is attached as Exhibit "A" (hereinafter "Service Contract"). 5. On or about September 15,2003, Defendant paid Plaintiff $4,500 pursuant to the Service Contract. 6. Following receipt of payment, Plaintiff performed a system evaluation, made service adjustments to the existing system and, by Purchase Order dated September 17,2003, recommended hardware and software system upgrades at a cost of $6,500. A copy of the Purchase Order is attached as Exhibit "B" (hereinafter "Products Contract"). 7. Receiving oral approval from Defendant's interim Executive Director, Plaintiff ordered the hardware and software, with accompanying licenses, outlined in the Products Contract. 8. In October 2003, installation of the hardware and software began. 9. Later that month, Defendant hired an Executive Director. 10. By letter dated December 18, 2003, prior to any payment on the Products Contract or the complete installation of hardware and software, Defendant's newly hired Executive Director severed the relationship between the parties. 11. Plaintiff credited to Defendant all hardware still in Plaintiff s possession; Defendant refused to return to Plaintiff the Dell Dimension Workstation and 19" Monitor described on the Products Contract for $1,750. 12. Because the software was specifically licensed to Defendant, Plaintiff could not return/credit the software. Plaintiff delivered that software to Defendant in December 2003. 13. By offsetting the remaining credit balance on the Service Contract from the balance owed on the Products Contract, the total amount which is immediately due and payable to Plaintiff by Defendant is One Thousand Seven Hundred Fifteen and 00/100 Dollars ($1,715.00). WHEREFORE, Plaintiff demands judgment against Defendant in the sum of One Thousand Seven Hundred Fifteen and 00/1 00 Dollars ($1,715.00), plus costs of suit, reasonable attorneys' fees and interest from date of judgment. COUNT II IN QUANTUM MERUIT In the alternative, ifthis Honorable Court should determine that an express contract between Plaintiff and Defendant does not exist, which is denied, Plaintiff pleads the following: 14. Paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 15. Because Plaintiff performed service and provided product to Defendant, to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant was unjustly enriched by accepting said service and product without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Defendant has become enriched is One Thousand Seven Hundred Fifteen and 00/100 Dollars ($1,715.00). 18. Plaintiff demanded payment ofthe above sum but Defendant failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of One Thousand Seven Hundred Fifteen and 00/100 Dollars ($1,715.00), plus costs of suit, reasonable attorneys' fees and interest from date of judgment. By David R. Galloway, Esqui....e 1. D. Number 87326 . Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 17, 2004 Attorneys for Plaintiff A PROPOSAL FOR South Central Pennsylvania Sickle Cell Council TO PROVIDE PROJECT INSTALLATION & SUPPORT SERVICES SUBMIITED BY: ,- . - ..Kasuaf\ . "., _n.."." ,.,.", . COMPUTI.G \. www.kasual.com . " .- o . 5021 EASTTRINDLEROAD MECHANICS BURG, P A 17050 Date: August 28, 2003 EXHIBIT "A" KasuaJ COMPUTING EXECUTIVE SUMMARY Kasual Computing is pleased to present to SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL this response for the implementation of a Project Installation & Support Services Agreement. We believe our approach will allow SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL to meet their principal objectives, namely: . Installation of new Network Technologies . Continued implementation of new technology . On-going support of existing network equipment . Network management and services 5021 East Trindle Road Mechanicsburg, PA 17050 717-691-8890 Confidential Page 3 7/30/2004 Kasual COMPUT'NO DESCRIPTION OF WORK This section defines the scope of work to be accomplished by Kasual Computing. The tasks to be performed by Kasual Computing are defined and an estimated schedule is provided. In addition, any specific customer requirements are listed. 5021 East Trindle Road Mechanicsburg, P A 17050 717-691-8890 Confidential Page 4 7/30/2004 Kasual COMPUTING SUPPORT CONTRACT I LABOR SCHEDULE CONTRACT UNITS Kasual Computing's Project Support Service contracts are based on skill-level pricing, rather than simple hourly rates. Using this system, the customer can request varying types of service and receive fair pricing based on the difficulty level without requiring multiple contracts to cover different hourly rates. Total Proposed Contract Amount: $4,500.00 Current Kasual Computing rates are as follows: ($72/hr) Levell Engineer, Training* ($90/hr) Level 3 Engineer ($108/hr) LevelS Engineer, Consulting Services ($ 144/hr ) Emergency Response *Training Charges are calculated as follows: $36/attendee/hour, two-attendee minimum charge. Travel rates for customers outside our normal service coverage area will be negotiated prior to the start of work. These rates are locked at the time of signing and are not subject to change until the end of the contract. ADDITIONAL CONTRACT CAPABILITIES AND FEATURES . The customer can elect to purchase additional contract funds at any time prior to the completion of the contract time period for the same rate as initially defined at the time of signing. . Any type of recurring maintenance schedule can be established. . Cost: Kasual Computing's current rate is $ I 25/hour for non-contract customers. Various incentives and price breaks are offered based on the level of contract purchased. . Response Time: I-Hour Emergency Response, 4-Hour General Response w/Scheduled Service Option . SPECIAL NOTE: This contract will automatically renew under these terms unless either party request changes be made. If either party refuses the renewal, then all agreed to terms will be subject to renegotiations. Automatic renewal does not obligate either party to continue services. This clause is presented as a means of continuation of service without requiring a renegotiation of this contract. Kasual Computing will invoice for a renewal amount to be determined by both parties. Customer is free to simply disregard renewals at no penalty. However, if this contract is allowed to lapse and is not renewed, then future business dealings will require a new contract and are subject to renegotiation. 5021 East Trindle Road Mechanicsburg, P A 17050 717-691-8890 Confidential Page 5 7/30/2004 Kasual COMPUTING PROJECT MANAGEMENT The objective of this task is to provide project management for each Kasual Computing task in this statement of work. Kasual Computing will appoint a project manager and a project leader who will have explicit responsibility for the administration and technical direction of Kasual Computing's effort on this project and will be the focal point for coordinating Kasual Computing activities with SOUTH CENTRAL PENNSYL V ANlA SICKLE CELL COUNCIL. Project management activities include: . Discuss with SOUTH CENTRAL PENNSYL V ANlA SICKLE CELL COUNCIL the Project Installation & Services Contract, the Statement of Work, and review the responsibilities of both parties. . Establish and administer project management procedures and develop project work plans in coordination with SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL. . Establish a schedule for the project activities against established project work plans and schedules. . Provide Status Reports to SOUTH CENTRAL PENNSYL V ANlA SICKLE CELL COUNCIL as described in the Deliverable section. 5021 East Trindle Road Mechanicsburg, PA 17050 717-691-8890 Confidential Page 6 7/30/2004 Kasual COMPUT'MO SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL RESPONSIBILITES The responsibilities listed in this section are to be provided at no charge to Kasual Computing. Kasual Computing's performance is predicted upon the following responsibilities being fulfilled by SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL. SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL Project Manager Prior to the start of this Statement of Work, SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL will designate a person, called the SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL Project Manager, to whom all Kasual Computing communications will be addressed and who has the authority to act for SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL in all aspects of the contract. The SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL Project Manager's responsibilities include: . Serve as the interface between the Kasual Computing project team and all SOUTH CENTRAL PENNSYL V ANL4 SICKLE CELL COUNCIL employees participating in this project. . Attend project status meetings. . Obtain and provide information, data, decisions, and approvals, within three (3) working days of Kasual Computing's request unless SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL and Kasual Computing agree to an extended response time. . Resolve deviations from project plans, which may be caused by SOUTH CENTRAL PENNSYLVANL4 SICKLE CELL COUNCIL. . Help resolve project issues and escalate issues within the SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL organization, as necessary. . Provide all necessary machine time, related services and supplies required on-site at SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL during the performance period. . Provide and review with the Kasual Computing team the SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL security standards and procedures. . Provide a logon ID and password for each on-site Kasual Computing team member. . Review all deliverables. 5021 East Trindle Road Mechanicsburg, P A 17050 717-691-8890 Confidential Page 7 7/30/2004 KasuaJ COIIPUTING KEY ASSUMPTIONS . All support work will be performed during normal Kasual Computing business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., except Kasual Computing holidays, unless otherwise mutually agreed upon. . If a site is not ready for support when Kasual Computing arrives, travel and labor charges will be invoiced for that trip. . The Kasual Computing Project Manager and the SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL Project Manager will work together to resolve project issues and escalate issues within the organization as necessary. . SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL will be accountable for the performance of its personnel. 5021 East Trindle Road Mechanicsburg, P A 17050 717-691-8890 Confidential Page 8 7/30/2004 Kasual CO.PUTING DELIVERABLE MATERIALS . Monthly Account Statements to contain current account balance as well as descriptions of work performed during that month. 5021 East Trindle Road Mechanicsburg, P A 17050 717-691-8890 Confidential Page 9 7/30/2004 Kasual CO.PUTING COMPLETION CRITERIA This contract and Kasual Computing's obligations will be considered fulfilled when the Services described in the section entitled Description of Service have been completed and all contract funds have been exhausted. Kasual Computing will advise SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL of the completion ofthese Services. TERMINATION CLAUSE Either party may choose to terminate this agreement at any time. Termination must be in writing if there are any account funds remaining. Termination by Kasual Computing will result in no penalty to customer and the entire balance of funds will be refunded within thirty (30) days of termination notification. If the customer chooses to terminate this contract prior to the exhaustion of account funds, a 10% (of the original funded amount) termination penalty shall be applied. The remaining funds minus this penalty shall be refunded within thirty (30) days of receipt of termination request. This penalty will be waived ifKasual Computing was unable to resolve a customer issue that resulted in this termination. Kasual Computing must be allowed sufficient time and resources to accomplish a positive result. However, ifboth parties agree that a successful resolution cannot be found, than the termination penalty shall be waived and all remaining funds returned within thirty (30) days of termination notification. CHARGES The Services Charge stated here represents the sum of the charges for the Services to be provided by Kasual Computing in the section entitled Scope of Service. Service Charge.... ............................... .$4,500.00 The Services Charge stated does not include applicable Federal, State, or Local taxes. Invoicing: Kasual Computing will invoice this service charge in its entirety prior to the start of work. Payment is due as specified in the invoice. OTHER TERMS AND CONDITIONS The content of this Statement of Work and associated Attachments shall not be distributed outside SOUTH CENTRAL PENNSYL VANIA SICKLE CELL COUNCIL and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this Proposal. Any other use is prohibited unless authorized in writing by Kasual Computing. 5021 East Trindle Road Mechanicsburg, PA 17050 717-691-8890 Confidential Page 10 7/30/2004 Kasual COMPUTING 5021 East Trindle Road Mechanicsburg, P A 17050 717.691.8890 (Phone) 717.691.0716 (Fax) September 17,2003 PURCHASE ORDER Bill To: South Central P A Sickle Cell Council 3211 N. Front Street, Suite 103 Harrisburg, P A 17110 717-234-3358 (Angie Smith) Ship To: South Central P A Sickle Cell Council 3211 N. Front Street, Suite 103 Harrisburg, P A 17110 717-234-3358 (Angie Smith) QTyl DESCRIPTION COST TOTAL l Windows Server Edition with 5 Client Licenses 20/40GB Tape Backup Drive with Tapes Backup and AntiVirus Software Firewall Device for up to 25 Users LaserJet 1300 20PPM Printer with USB Cable Ethernet 101100 16-Port Switch Open Office Software Package (Unlimited Users) Memory and XP Professional Upgrade for Sony Laptop Dell Dimension Workstation and 19" Monitor for Deb $4,750.00 $1,750.00 $4,750.00 $1,750.00 Note: The charges stated do not include any applicable Federal, State or Local taxes. Quoted prices are good for twenty-one (21) days from the proposal date. Indicate your acceptance ofthis Purchase Order by signing and dating below where indicated. This form should then be faxed to the fax number at the top of this form. Signature Date EXHIBIT liB" From: 7172431807 Page: 616 Date: 12/141200412:17:24 PM VERIFICATION 1, DWAYNE D. KORR., President of Kasual Computing Inc., acknowledge that I have the authority to execute this Verifi'cation on behalf of Kasual Computing Inc. and certify that the foregoing Complaint is based upon infonnation which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is ba$ed upon infonnation which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. ' This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false aveunents, I maybe subject to criminal penalties. PTJ .Kohr Dated: December , 2004 P:\FIL1lSIDATAFIlJl\Qcncfa1\Olrront\S!94,d.""m2 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www,gfi.com CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street Harrisburg, PA 17111-5260 MARTSONDEARDORFF WILLIAMS & OTTO By (/~;l Jean Tayl<ft/ 7 "- Ten East@1.gh Street Carlisle, P A 17013 (717) 243-3341 Dated: December 17, 2004 A ~ f\J v.~ ~\ ... \ ......... V \ or ~ ~ ........... .t. '" )-.l r b C) 1'" C - c.~, ~t. .:::: ,--. I,."; t" ') P-,.j c) '''') lA) o '"'' :-1 l' ;.'7" ,I; - .. ~ r r ; ":;"1 , I! ;; , , ; (';) i, , ; Ii ,', -'1 ,n ...J "< Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 KASUAL COMPUTING, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6365 CIVIL ACTION - LAW SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF 1WELVE DEMANDED ANSWER AND NOW COME, Plaintiffs, through their attorneys, the Law Offices of Leslie D. Jacobson, and answers Plaintiff's Complaint as follows: COUNT I 1. Admitted on information and belief. 2. Admitted. 3. No response required. 4. Admitted in part; denied in part. Admitted that the parties entered into a verbal agreement for the purpose of troubleshooting a problem with the existing computer system/server. Denied as to the remainder of Plaintiff's averment. By way of further explanation, a verbal agreement was established to have Kasual Computing provide technical support for one year to repair any future problems and subsequently secured with payment in the amount of four thousand five hundred dollars ($4,500.00). Plaintiff's exhibit A (the "Service Contract") was never signed by either party. Further, the same Service Contract was not prepared and presented to Defendant until November 2003. Plaintiff forwarded a blank e-mail copy to Defendant after Defendant had made several attempts to obtain a copy of the signed agreement. 5. Admitted, By way of clarification, the date of payment was 18 September 2003. 6. Admitted. By way of clarification, the Plaintiff performed said services prior to receipt of payment. Services were performed on September 2, 8, and 9, 2003. Payment was made per the service contract on 18 September 2003. 7. Denied, After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. By way of further explanation, Defendant had no interim executive director at this time. 8. Admitted. 9. Admitted. 10. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the clverment. Strict proof demanded at time of trial. 11. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. 12. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. 13. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. WHEREFORE, Defendant requests this Honorable Court dismiss with prejudice Plaintiffs Complaint. COUNT II 14. No response required. 15. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. 16. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. 17. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the averment. Strict proof demanded at time of trial. 18, Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief of the veracity of the C1verment. Strict proof demanded at time of trial. WHEREFORE, Defendant requests this Honorable Court dismiss with prejudice Plaintiff's Complaint. /"....-::: ..> Leslie D. Jacobson, Esq Attorney 1.D. # 52673 8150 Derry Street Harrisburg, PA 17111-5260 Phone: (717) 909-5858 Facsimile: (717) 909-7788 Coun.sel for Defendant / ;jr/jpr VERIFICATION I, Patricia A, Patterson-Prim, do hereby verify that the facts stated in the foregoing document 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, ~4904 relating to unsworn falsification to authorities, DATE: / / Ilcfd/(}6- , , I i 7 . 1 BY:lil1{,~d, (/1/ littzi-dd./ /:u/:~,~ Patricia A Patterson. Prim / Law Office of Leslie D. Jacobson 81 SO Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 v. IN THE COURT OF COMMON PLEAS CUMBERU~ND COUN1Y, PENNSYLVANIA NO. 04-6365 CIVIL AC1lON - LAW KASUAL COMPUTING, INC., Plaintiff SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRL~L OF TWELVE DEMANDED CERTIFICATE OF SERVICE, AND NOW, this 24th day of January 2005, I Chad J. Julius, Legal Assistant at the Law Offices of Leslie D. Jacobson, attorney for the Defendant hereby certify that on this day I served the within Answer to Plaintiff's Complaint upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: David R. Galloway Martson Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 ,--" r~ :-0\ r',,) o -it ...... ~T: -r1 l'n<; '" (\ ) ~ ::'~: " IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYL VANIA TURNPIKE FROM MIKE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL IDNOS, 21-18-1363-006 AND 21-18-363-056A) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M, PASS, TERRY K. PASS AND CHARLES A. PASS PETITION FOR EXTENSION OF TIME TO FILE PRELIMINARY OBJECTION TO DECLARATION OF TAKING TO THE HONORABLE JUDGE OF THE SAID COURT The petition of Gene M. Pass, Terry K. Pass and Charles A Pass by their attorneys Murrel R. Walters, III, Esquire and John M. Eakin, Esquire respectfully represent 1.) Your petitioners own land in Middlesex Township, Cumberland County a portion of which was condemned by the Pennsylvania Turnpike Commission by Declaration of Taking filed to the above term and number on December 17,2004, attached as Exhibit 1. 2.) The land condemned consists of two parcels, one of 4.221 acres in fee for the reconfiguration ofInterchange 226 of the Pennsylvania Turnpike and a second taking of 1.630 acres to provide an easement for a Pennsylvania Power and Light company (PP&L) power line, 3.) Your petitioners believe the Declaration of Taking is defective in that: a.) No land development plan has been approved by Middlesex Township for the proposed turnpike construction which is a condition precedent to the right to proceed with the construction project. Middlesex subdivision and Land Development Ordinance, Article Ill. b,) The construction of transmission towers on the 1.630 acre tract is prohibited by Section 14,15 of the Township Zoning Ordinance, c.) The nature of the taking of the 4.221 acre tract taken for the turnpike construction is a taking in fee simple and the taking of the 1.630 acre PP&L easement is less than a taking in fee simple but the Declaration of Taking in Paragraph 6 states the nature of the title condemned is the same for both tracts, as follows. "(I) fee simple in the surface, (II) only so much of any materials, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the latual and subjacent support of the surface and any improvements now or hereafter erected thereon, (III) the right to access those minerals, oil or gas from the surface of the land hereby condemned and (IV) any and all rights of way into, upon or over the surface of said land including the right to explore and test drill the minerals, oil or gas, including the right to drill for, dig, mine, drain ventilate, transport or carry away said minerals, oil or gas now owned or hereafter acquired by the condemnees, together with the right to use any of the surface for storing materials, deposing or refuse or overburden, or to erect any buildings, structures or fixtures necessary, convenient or incident to the producing, mining or removing of minerals, oil or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. " 6.) The estate condemned as described in Paragraph 6 of the Declaration of Taking is confusing and contradictory in that: a.) The taking in fee for the turnpike construction and the taking for a power line easement are distinct and mutually exclusive and must be separately described in the Declaration of Taking. b.) Condemnation of mineral rights is unnecessary for use of the 1.630 acre tract of land for a PP&L easement. c.) A taking "in fee simple in thesurface" is an oxymoron. d,) An appraiser cannot estimate the value of land after the taking described in Paragraph 6 of the Declaration of Taking. e.) The Declaration of Taking (Paragraph 6) condemns only a portion of the land ofthe condemnees but the Declaration of Taking condemns the mineral rights "beneath the surface of the land hereby condemned or from any other lands of the condemnees," 7,) The above objections are properly raised by preliminary objections under the Eminent Domain Code 26 PS 1-406 (3) (4). 8,) Condemnees have requested the condemnor to grant an extension of time to file preliminary objections but the request was denied. See Exhibit 2, 9.) The issues which condemnees propose to raise by preliminary objection are issues which must be addressed before this case can proceed to the determination of damages. 10,) Counsel for condemnees had insufficient time after entry of their appearance to analyze the Declaration of Taking, the Middlesex Township Ordinances and the plans for the reconfiguration ofInterchange 226 of the Pennsylvania Turnpike and thereafter conclude that preliminary objections were necessary before this can proceed to the damage phase. 11.) The refusal of condemnor to grant an extension of time to file preliminary objections is arbitrary and capricious as the construction project will not be delayed thereby and the case can proceed in an orderly manner after the matters to be raised are determined preliminarily. WHEREFORE, condemnees respectfully pray your Honorable Court to grant a rule on Condemnor to show cause, if any it has, why Condemnees should not be permitted to file preliminary objections to the Declaration of Takin Dated: Februaryj ,2005 Jo _r VERIFICATION I, John M. Eakin, Petitioner herein, hereby verifY that the statements of fact made in the foregoing instrument are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. c.s. A. 4904, relating to unsworn falsification to authorities. ,~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE CONDEMNATION BY THE PENNSYL V ANlA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERlAND COUNTY, COl\fMONWEALTH OF PENNNSYL VANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYL V ANlA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, : THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21.18-363-056A) NO, 04-W&S e.(.>~tT~ IN REM EMINENT DOMAIN (~'- ) ~, CONDEMNEES GENEM. PASS, TERRYK PASS AND CHARLES A PASS " -' -;, DECLARA nON OF TAKING f") The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in Article IV, Section 402 of Act No, 6, Special Sessions, P.L 84, dated June 22, 1964, and as amended, 1969, December 5, PL. 316, gl, 26 PS, 91-402 (1988) and respectfully declares the following: l. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania, Its post office address is P,O, Box 67676, Harrisburg, Pennsylvania, 17106- 7676, 2, The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21,1937, P,L. 774, No, 211, as amended, to acquire by EXHIBIT 1 1 condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike, 3, This Declaration of Taking was authorized by a Resolution adopted October 19, 2004 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A", The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike, 4, The purpose of the condemnation is to acquire property interests for the Total Reconstruction of the Pennsylvania Turnpike from mile post 214 to 227, which includes the reconfiguration ofInterchange 226, the Carlisle Interchange, and its requirements, 5, The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4,221 acres in fee for required right-of-way for limited access, a~d 1.630 acres as easement for required substitute easement for the Pennsylvania Power and Light Company, a partial take, A plan of the property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 404 of the Eminent Domain Code, 6, The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvements now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to 2 explore and test drill the minerals, oil or gas; including the right to drill fDr, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing of minerals, oil, or gas from beneath the surface of the land hereby condemned or trom any other lands of the condemnees, 7, A plan showing the condemned property may be inspected at the offices of Salzmann, Hughes & Fishman, pc., 95 Alexander Spring Road, Suite 3, Carlisle, PA 17013, during regular business hours 8 The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 403(a) of the Eminent Domain Code of 1964, Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C", PENNSYLVANIA TURNPIKE COMMISSION By: '\ (J ') 1"/ J,' , : ;(4/. //.A,..; $, i! A (. " , '" !t~ .r-V!)' ,I 'r-~ l ,~. ~,/.j~' v' , Salzmann, Hughes & Fishman. PC, 95 Alexander Spring Road, Suite 3, Carlisle, PA TRUE COpy FROM RECORD In Testimony wneroof, j here unto set my IlIII!I and the seal lilt said Court :at CarJisle, Pa, ",' This ,....l7.."..llay oL..A)~...... ~ .............~....,~'...~~...~. Pro'lbonotart. 3 Our Mission: Pef:?i"$'/iva:i.1.ia Turn,Jike Coit11rnhsion " . To operate and manage a safe, reliable, cost effective and valued toll road system. America's First Superhighway RESOLUTION A UTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the total roadway reconstruction of mile post 214 to 227 and specifically includes p.'operty of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no, 3208-A, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. S 652a) as amended, bas approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total roadway J'econstruction of mile post 214 to 227 shall be acquired by the Pennsylvania Tumpike Commission by purchase or condemnation under the pl'ovision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. /._~",,,,~, -~. /~Cf/' .' , ~~ ~lfi"" . __ 1-877-736-6727 patui'npik~.con! EXHIBIT "An CERTIFICATION I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an excerpt of th~vIinutes ~ the Meeting of the Pennsylvania Turnpike Commission, held on the L!l!. 'day of I!Jd , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was-unanimously adopted. LJ~ITNESS my hand and the Official Seal of said Commission thiS~ay of ~Ll--t A.D. 2004. ' /J / ~ /~/ . -;4~ ., ~~_ Rebecca R. Troup Assistant Secretary- Trel\surcr Our Mission: P.er:.!\iS~,l'la:1ia TUl'Thnik? COU"llnissioRi .. d J.. To operate and manage a safe, reliable, cost effective and valued toll road system. America1s First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpil{e Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. S 652a) as amended, has approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Tumpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Teny K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way fo,. the total roadway reconstruction of mile post 214 to 227 shall be acquired by the Pennsylvania Tumpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. ~~~' ",'}i:t7D'_<" _' -~~.. ~' ~~ 1-877-736-6727 pmtu:rnpik'2. co IT! EXHIBIT "A" CERTIFICATION I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the fo,'egoing to be a true and correct copy of an excelopt of the Minutes of the Meeting of the Pennsylvania Turnpike Commission, held on the _ day of , 2004, in Highspire, Pennsylvania, at which a qnorum was present, and that said ,'esolntion was unanimously adopted, WITNESS my hand and the Official Seal of said Commission this _ day of A,D.2004. Rebecca R Troup Assistant Secretary-Treasurer Our Mission: P.ennsylvania TUl"npik~ Cun~rr.c.issJ1on To operate and manage a safe, reliable, cost etIective and valued toll road system. America's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUffiED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpil{e Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Rigbt of Way no. 3208-A, a pm.tial take; WHEREAS, the Pennsylvania Depaliment of Transportation as reqnired by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. ~ 652a) as amended, has approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total roadway reconstruction of mile post 214 to 227 shall be acquit-ed by the Pennsylvania Turnpike Commission by pUl"Chase or condemnation under the provision of the Acts of Assembly, in fee simple or snch lesser estate as tbe Commission shall determine necessary therefore. ~','~' "","' .... ~--. " l-fl77--736-o727 patufl1pike.com EXHIBIT "A" CERTIF1CA TION 1, REBECCA R. TROUP, Assistant Secretary-TreasUl'er of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an excerpt of t!le jVlinute~the lVIeeting of the Pennsylvania Turnpike Commission, held on the ~ day of 'r t! , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. M WITNESS my hand and the Official Seal of said Commission this.c:~ay of fJ.tL!<-.f..0- A.D. 2004. LJr:' " :-;Jf I~t~_ Rebecca R. Troup Assistant Secretatj'- Treasurer Our Mission: Penn3ylva;ala TurnpU.:-e CO:i;:TImi~:sio::r.a To operate and manage a safe, reliable, cost effective and valued toll road system. America Js First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in ot'der to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpil<e Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M, Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. ~ 652a) as amended, has approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total roadway reconstl'llction of mile post 214 to 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. E~.' 1-877-736-6727 patu:rnpHc,~.cDm EXHIBIT "A" CERTlFICA TION I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an excerpt of~Minutes~ the Meeting of the Pennsylvania Turnpike Commission, held on the _1 day of ~A A 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. OUr1.NESS my hand and the Official Seal of said Commission this/~ay of .LL A.D. 2004. /:/ Jr ~x: '/ MuLJ Rebecca R. Troup ~ Assistant Secretary- Tre,as\lrer Our Mission: To operate and manage a safe, reliable, cost effective and valued toll toad system. PBnnsylvania Turnpike Commission America '5 First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUffiED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpi/{e Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the total roadway ."econstruction of mile post 214 to 227 and specifically includes propel1:y of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, p, L. 774 dated May 21, 1937 (36 P.S. S 652a) as amended, has approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total roadway reconstruction of mile post 214 to 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 32G8-A, a partial take; BE IT FURTHER RESOL YED that the property necessary for the required right-of-way for the total roadway reconstruction of mile post 214 to 227 shall be acquired by the Pennsylvania Turnpike Commission by pm.chase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesse," estate as the Commission shall determine necessary therefore. ,"""~.. - ~~. ~ d!N. . .. e;;:' EXHIBIT "A" 1-877-736-6727 patu1"i:1.pik;.:eonl CERTIFICA TlON I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the fongoing to be a true and correct copy of an excerpt o~Iinutes (f2le Meeting of the Pennsylvania Turnpike Commission, held on the day of It:! , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. f) biTNESS my hand and the Official Seal of said Commission this1'7 ~day of iA.Jf A.D. 2004. 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I , ~ . . ~ 0 z 0 z , . ~ ~ < . ~o ~ ~ ~~ < . < . z , N< ~ ~ ~;o ~ . m~ c ~ n ~ '" ~o ~ 0 oz ~ ~ ~ 0 ~ N~ ~ ." . N. r ~c n '" on 0 ~ ~ 0 ~ , 0; z ~ . " ~ z ~ (f) ::~:~~~~.g ~~~i~~~ !5~ ~~ll;~~~~ 1:;~ , " . c' ...~ ~7:t ~ !;ll H . " I~ ~j on , 0> . H C '" C' >0 C ~ "0 ; ~ c "" " '. j ,- ji ~ ~ >, _0 ~ ., :5 ~ 0 ~. ~ . ~~ . . ~ ~ ,. , , .. 0 ~; " ~ ~ j > " "c,..,~ :::.::~:; h ~g:;::~l&~ I>;:i ~~~ld~~ _g 0:'1.:., :;~ ~~ ~ ::~:~:,~ 0 ~I~~~~; !~ , ~ ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYL VANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, : THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS. 21-18-1363-006 AND 2l,18-363-056A) NO. IN REM EMINENT DOMAIN CONDEMNEES: GENE M, PASS, TERRY K. PASS AND CHARLES A, PASS BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bOWld to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law, Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to, the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. the official seal of the said Commission and dated this /~ day of ~,Sealed with !/- ? /i fi.-lt...-lu..{ ,2004, PENNSYLVANIA TURNPIKE COMMISSION ATTEST: .1 ;r . 1 i \ ~p /l/ _ {iJ,t Rebecca R, Troup Assistant Secretary-Treasurer By: ~ Chairman -...... EXHIBIT "e" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Bri1IllIleier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike C01IllIlission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. ~ Joseph G. Brimmeier Sworn to and subscribed before me this n IP/__ ll(/'l-ri-ly:i..- day of , 2004. /:) /).,.' ' (~t.uL7L, Il / Lbc,c>nj'-.- Notary Public \, MY COMMISSION EXPIRES: I I I i Member, Pennsylvania Associati<)f1 .:Jf Nat3ries Notariai Seal Roseann Nebinger, Notary PUbflc Middletown Boro, Oauohin County MV Commission EXp\re8 Anr :26. Z007 01-09,'05 09:28 FROM-Salzmann, Hughes 7172497334 T'411 P01!01 U'289 SALZMANN, HUGHES & FISHMAN. P.e. Q, BRYAN SAl..ZMANN, ESQ JAMES O. lJUGHES, EsQ, STEVEN J. FISIlMAN. ESQ, ANN f DEPAUUS, ESQ, PATlUClAR, $ROWN,ESQ, NORMH BARTKO, ESQ' WlLLlAM W, THOMPSON. EsQ' MEllssA K. D'va Y. ESQ REBECCA R HUGHES, EsQ, SUSAN!< B, MORRISON, ESQ LAlJRA REBECCA ABLES. ESQ.' KELLy MeN,,,,,y DICK, ESQ 'Also Admiaed ft.l ~<md Jhr "Admined to Geor\,"ia BM Only Paralegals P AMEl..A R, BOLLINGER BARBARA J MOSIOR LAURIE J. PORl"ER KMI S CORNM"'''' JACQUELIN. L DRAWBAUGH ST~H^NlE A. BINGAMAN REPLY TO' 95 ALEXANDER SPRING ROAD-SUITE 3.CARl.lSLE, PA ]7013 (717) 249,6333 FAX (7' 7) 249.7334 455 PHOENIX DRIVE"SUITE A .cHAMBERSDllRG. PA J 72Dl (717)263-2121 ~AX(iI7):263-o663 JO$ NOIUHFa.ONTSTREET,SUJTE401'HARRIS8URG, PA 11101 (1]7) 232--9420 fAX (717) 232.1910 10 WESt POMF'RET STRE.IIT.. CAJU.ISLE, PA 17013 (717) ::W).)(>24 FAX (711) 243~0946 February 1,2005 VIA FACSIMILE TO (717) 691-3281 John M. Eakin, Esquire Market Square Building Mechanicsburg, P A 17055 RE: Carlisle Interchange Project RIW 3208-A Pass, Property Owner Dear Mr. Eakin: I have received your letter dated January 27,2005 wherein you request an extension of time to file preliminary objections since no Sheriffs retlUll has been filed, I just confirmed with the Prothonotary's office that your clients were served on December 28,2004 and the Sheriff filed the return of service on 12/29/04, As such, we are not inclined to grllnt an extension, If you have any questions or concerns, please do not hesitate to contact me, Very truly yours, SALZMANN, HUGHES & FISHMAN, P,C, J~~ Pi ~{}t- Susann B. Morrison, Esquire EXHIBIT 2 CONCENTRATING IN ENVIRONMENTAL. LAND USE, CORPORATE. REAL ESTATE, MUNICIPAL AND ESTATE ADMINISTRA nON LAW FEB-1-2005 TUE 10:02AM ID: PAGE: 1 ...., '~".:::> ,':;} t:..,"1 ..,.., r'-, c:J I (...) ~ ..,-' -" C:) C) " --4 ~7J , , <C'~ \'r" ) ~..'~~, I") fn I' ..rIJ.f>;'.I.)AI-,\I:IIJ,\CjtIltT,II'..CtJn~tH",l\_\<J~ ().l-'~II r,~'lICU :') 1.'(15 II 3~A,\1 R~\I~td :"11-'05 J j(\P~\ R.lcJ-liJ David R, Galloway, Esquire I.D, 87326 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243.3341 Attorneys for Plaintiff KASUAL COMPUTING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04.6365 CIVIL ACTION.LA W SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the fonowing form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R, Gallowav, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above.captioned action is at issue, 2, The claim of the Plaintiff in the action is $1,715,00, The counterclaim of the Defendant in the action is $ The following attorneys are interested in the case(s) as counselor are other wise disqualified to sit as arbitrators: David R, Gallowav, Esquire and Martson Deardorff Williams and Otto WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, -~ '01 By Attorneys for Plaintiffs '1 , ~D NOW. this "";'''' day of , JJJtlt4./J/. , Esq" UJ1J , 2005, m conslcj~ration of the foregomg petll10n , 'l I , Esq" and ~ ~~ , Esq, are appointed arbitrators in the above-captioned action as prayed D By the Court, en- 1M': 0 0 6;. Date: ~ I( c:7~ 7' o?4i.~ ,j}~, ~ <!>1'\ 3/1/1 >oS- P,J, R ~ e; p - <.n Y1 ""'" t 1?7' f"'"\ ~ l;) ?<>~ """ f;y 10 ,9'> - f'" - -:V~, ~ ..t:. '$f. 0 w F ~ ~ ...0 W ~ <f' u -F cP \f\\~~'tfi\1^sr'.\N3d [lr _ "," ,-' '\-"'J""() t 'i\J\ ' )' 1 ! .' <~-, ',~' ^'~~! ~~ t 1'\.J,)~' \"" -.,' ,. '-' ,',.- -' "". . t \} :C\ ~~ "Z. - 'cI"4\A ~\\U~ i,)::Nl.O\"i)\,I,l,()()d :l\-\l. ~O ...,..",'-- ,.,,,,"\::\' _, !\...._,~ V"i..t:J \ , ",;I'v""""'" ~.,-'--- KASUAL COMPUTING, INC" Plaintiff v, SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant t'C AND NOW, this zf!; day of IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNT PENNSYLVANIA NO, 04-6365 CIVIL ACTION-LAW ORDER 'In (i~ J , 2005, it his hereby dered that Cory J, Snook, Esq, is removed as an arbitrator from the above-captioned case and C aig A, Hatch, Esq, is appointed to replace him, Date: March 25, 2005 /I/:,'~ !))ajJ/k; &'or'. Cd. a.~ tt.-x-- I d {l,uL1./- /J.bti?'/ By the Court, ,/!J_ :.',:) 90 : \ ''r\ 82 ~'gH ~Dnz XdViO;\:~,H.~,JJ,j ::jHl :10 3:;t-J:\C~<:~=r\\,j - {~, t"i (> \,..' 7 (/1/ c; -;L/v,-_ Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No,' C;, 'f - (., '16 ') d c.'k<t'<,{L (/1 <;, L L 6 (,,-, t U>i,' y, i L Defendant Civil Action - Law. Oath We do solemnly swe (or affirm) that we will support, obey and defend the Constitution of the United fi tbCon 7ion of this Commonwealth and that we will discharge the duties of our office , J7/1;, / '- C. ~ (/ d. ~ #~~i0 . lure ~ ~ Signa7 "7g:;.Vl M. Shv/!-"Z- tjJ..~{r ,1,/.;/4/7/1'1 Name Name ~JA L ,;,.(' J (Chairman) Kr.jt.r i-AssOC$. , 'Ie. La inn bh-Il-S j"oJrt-u.ufJl'--i ;I#-/C~ ;!e." Law Finn 5 ,. II tz..Ot.J -; Pt; 5...1! I~ Address IN) 11I1t'f/H/l## tZat/ .svj~/IJCJ Address ,. LtO 4/.( S/J, E'C ,7 d,' Zip (..".llsle City, 17of~ Zip ~v~ # /7d/r'3 City,' / Zip Award e, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the Ii !lowing award: (Note: Ifdamages for delay are awarded, they shall be separately stated.) vJ,' F...- -rlv-. 1"",- - . ~ C.""'-oVVl-r- of:- t >00.00. 'r ""WVl .+ ate of Hearing: a;1 .?~, ,; ate of Award: t( ;; fie {' , 'ssents. (Insert name if applicable,) (Chairman) Notice of Entry of Award Now, the /j+~ day of Lh./LL l ,20 6S , at / / ~ 17 , JL,M" the above award was tered upon the docket and notice th~of given by maIl to the partIes or their attorneys, bitrators' compensation to be paid upon appeal: $ /290. CD By: Deputy Prothonotary COr::>'f ~ C!J, CD!,"! ~~,lxc '-16 [)~) e"ll~ ,( (l~ Z'~~CMj " It 'I: \ - -~ --J ". .... ..1-, ~~ () ~ ~n "':J'\O .~-, :.~u ":1-; ."f'i rllp- ::;"-i:) r'l"! r, T - co _ . '>n David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff KASUAL COMPUTING, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04,6365 CIVIL ACTION-LAW SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on "J'Iu7 ..l:: ,2005, the followingjudgment was entered against South Central Pennsylvania Sickle Cell Council on the Arbitrators' Award in the amount of $1,500, t~ Protho~otary " / I hereby certify that the name and address of the proper person to receive this notice under Pa, R, Civ, p, 236 is: South Central Pennsylvania Sickle Cell Council 3211 North Front Street Suite 103 Harrisburg, PA 17110 MARTSON DEARDORF WILLIAMS & OTTO Date: May 25, 2005 By David R, Galloway Attorneys for Plaintiff , ~ " F.\FILESIDAT AFlLE\GeneraIICurrem\83946.pral Created, 5/20/05 I 48PM Revised,' 5125/05 824AM 83946 David R, Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff KASUAL COMPUTING, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-6365 CIVIL ACTION-LAW SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment on the Arbitrator's Award against the South Central Pennsylvania Sickle Cell Council in the amount of$I,500,OO. MAR LIAMS & OTTO By David R. a oway I,D, Number 87326 Ten East High Street Carlisle, PA 17013,3093 (717) 243,3341 Attorneys for Plaintiff Date: May 25, 2005 . .' . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire Law Office of Leslie D, Jacobson 8180 Derry Street Harrisburg,PA 17111-5260 South Central Pennsylvania Sickle Cell Council 3211 North Front Street Suite 103 Harrisburg, P A 1711 0 MARTSON DEARDORFF WILLIAMS & OTTO ~~~ BY Je Taylor T n ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: May 25, 2005 \-S \r: \ ~ r " t ' R' -:>-- ,!" "- '" '" V'" ~ ~ '" .,." r- t' ...c, v~ l-o "-' - "'- ~ ~) ~ ~. f ~ ~ c c t) r--.> I, .~..I k:.,) tJ'l c; .,1 .-.'., j'-.' (;"; r:? r,) CJ-;' .......--- F:\FlLES\DA TAFlLEIGeneral\CurreTIt\8394.6.pra Created 1/13/059.03AM Revised: 6/29/05 128PM 83946 David R, Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KASUAL COMPUTING, INC., Plaintiff v. NO, 04-6365 CIVIL ACTION-LAW SOUTH CENTRAL PENNSYLVANIA SICKLE CELL COUNCIL, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same, F WILLIAMS & OTTO Attorneys for Plaintiff Date: June 29, 2005 CERTIFICATE OF SERVICE I, Tricia D, Eckenroad,an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D, Jacobson, Esquire 8180 Derry Street Harrisburg, P A 17111 MARTS ON DEARDORFF WILLIAMS & OTTO ~'DEokJJ Y} /j;Muj en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 29, 2005 r , (') ...., ~ = c: = -otXi c,M <- ~::D ~~~ c: % ::gFn zC U> ~~> 0 ~~ ~C' ;';;c ~ ~~ ~o )>c: 9 -, z ?D ~ U) -<