HomeMy WebLinkAbout14-0630 SUNOCO PIPELINE L.P. : IN THE COURT OF COMMON PLEAS =:
OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
V. : NO. 1H 63b lug
r-
ROLFE W. BLUME and DORIS J. BLUME :
Respondents =�
VERIFIED PETITION FOR IMMEDIATE
RIGHT OF ENTRY PURSUANT TO 26 Pa.C.S. 309
1. Petitioner Sunoco Pipeline L.P. ("Sunoco" or "Petitioner") is a limited partnership
organized and existing under the laws of the State of Texas and registered to do business in the
Commonwealth of Pennsylvania.
2. Sunoco has its principal office at 1818 Market Street, Suite 1500, Philadelphia,
Pennsylvania 19103.
3. As part of its objective to provide ethane, propane, liquid petroleum gas, and other
petroleum products transportation services to its customers, Sunoco has proposed to construct an
interstate pipeline that will be routed primarily below ground level and that will travel, as part of
its route, through Cumberland County, Pennsylvania(the "Pipeline").
4. Service on the Pipeline will be regulated by the Federal Energy Regulatory
Commission("FERC") under the Interstate Commerce Act ("ICA"), 49 U.S.C. § 1 (1988). As
such, Sunoco is a "public utility corporation" under Pennsylvania's Business Corporation Law
("BCL"), 15 Pa.C.S. § 1101 et M. and, thus, enjoys the right of eminent domain under Section
1511 of the BCL for the purposes of constructing the Pipeline.
5. Respondents Rolfe W. Blume and Doris J. Blume (together, "Respondents") are
married adult individuals with a last known address of 43 Wildwood Road, Newville, CD
Cumberland County, Pennsylvania 17241. la' 67
�►�# aao,-?s�
6. Respondents own two parcels of property in Upper Franklin Township,
Cumberland County, Pennsylvania, tax identification#43-04-0387-059 and #43-04-0387-059A
(together,the "Property").
7. Sunoco must conduct certain environmental, cultural resource, and other surveys
and tests of the proposed Pipeline route to comply with Pennsylvania law and determine, among
other things, whether the proposed routing impacts endangered species or encroaches on
protected wetlands, archaeologically significant sites, and other protected areas.
8. Pennsylvania law recognizes the necessity for these surveys and tests and permits
potential condemnors to make pre-condemnation surveys and tests. Specifically, Section 309 of
Pennsylvania's Eminent Domain Code (26 Pa.C.S. § 309), provides that "prior to the filing of the
declaration of taking, the condemnor or its employees or agents, shall have the right to enter
upon any land or improvement in order to make studies, surveys, tests, soundings and
appraisals."
9. The potential route of the Pipeline extends through the Property.
10. Sunoco needs to conduct certain surveying and other tests in order to determine
the exact path of the Pipeline.
11. Section 309 of the Eminent Domain Code requires that "the owner of the land or
the party in whose name the property is assessed shall be notified ten days prior to entry on the
property," and that "any actual damages sustained by the owner of a property interest in the
property entered upon by the condemnor shall be paid by the condemnor." See 26 Pa.C.S. § 309.
12. Before invoking Section 309 to enter a landowner's property for conducting the
required surveys and tests, Sunoco prefers to obtain the landowner's consent to entry.
13. On October 21, 2013, Sunoco requested that Respondents permit Sunoco
2
representatives entry on the Property in order to conduct the required surveys for the Pipeline.
Ten days'notice under Section 309 was therefore provided. A true and correct copy of the
October 21, 2013 letters are attached hereto as Exhibit A.
14. In response to the October 21, 2013 letter, Respondents denied Sunoco entry upon
the Property to conduct the necessary surveying and testing.
15. On January 17, 2014, counsel for Sunoco attempted to resolve the dispute and
requested that Respondents grant Sunoco the permission to perform the necessary surveys and
tests on the Property. This letter clarified Sunoco's legal right to conduct surveys on the
Property and its obligations to pay for any damages to the Property caused by the surveys. A
true and correct copy of the January 17, 2014 letter is attached hereto as Exhibit B.
16. On January 20, 2014, counsel for Sunoco and Respondent Rolfe W. Blume had a
telephone conversation in which Mr. Blume again denied Sunoco's request to access the
Property.
17. Because Sunoco and its representatives are unable to obtain consent from
Respondents and certain surveys and tests are necessary to determine the path of the Pipeline,
Sunoco is proceeding with this Petition.
18. This Petition does not seek establishment of any easement or ownership right in
the Property.
19. Respondents are protected from any monetary loss that may occur as a result of
Sunoco entering the Property under Section 309, which requires Sunoco to pay actual damages
sustained by Respondents.
20. Without performing the necessary surveys and tests, it is impossible for Sunoco to
determine the final route of the Pipeline.
3
21. Although Sunoco has the right to enter the Property pursuant to Section 309, it
does not wish to provoke an on-site confrontation with Respondents. Consequently, Sunoco
seeks an order from this Court granting Sunoco permission to enter onto the Property pursuant to
that Section.
22. Pursuant to C.C.R.P. No. 208.3(a), no judge for the Court of Common Pleas of
Cumberland County has ruled on a same or related matter as the request set forth in this Petition.
The Honorable Gary Gilman of the Court of Common Pleas of Washington County and the
Honorable Richard E. McCormick, Jr. of the Court of Common Pleas of Westmoreland County,
however, have granted nearly identical requests.
23. Respondents are not currently represented by counsel, as thus Sunoco is not
required to seek Respondents consent in the filing of this Petition.
WHEREFORE, Sunoco respectfully requests that this Court grant its Petition for Right of
Entry, and enter an Order, in the form attached, permitting Sunoco's employees, agents, and
representatives to enter on the Property to perform the required studies, surveys, tests, soundings
and appraisals.
Respectfully submitted,
B
urtif mbaugh, Pa. I.D. No. 80565
Kimberly Colonna, Pa. I.D. No. 80362
Dana W. Chilson, Pa. I.D. # 208718
McNees Wallace &Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Dated: Januar33—L, 2014 Counsel for Sunoco Pipeline L.P.
4
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to
authorities, I hereby certify that I am the Chief Right of Way Agent for Sunoco Pipeline L.P. and
that I am authorized to sign this verification on its behalf. I further verify that the facts set forth
in the foregoing document are true and correct to the best of my knowledge, information, and
belief.
SUNOCO PIPELINE L.P.
\L�
Karl E. Williamson
Dated: Januar})O, 2014
�,�ti, �, �
��
AqwSunoco Logistics Sunoco Pipeline L.P.
,� Right of Way Department
October 21,2013
C'EI2TIFIED RETURN RF,CEIPT RIZQUESTED AND REGULAR MAIL
Rolfe W. &Doris J. Blume
43 Wildwood Road
Ncwville, Pennsylvania 17241
Re: Mariner East 2, Segment 2
Proposed Pipeline Project-Survey Permission
Tract PA-CU-0050.0000, 63.2 acres,known as Tax Parcel ID 11, 43-04-0387-059,
situated in Upper Frankford Township, Cumberland County, PA
Dear Rolfe W, &Doris J. Blume,
Sunoco pipeline L .P. (Sunoco), is investigating; the possibility of installing a liquid petroleum
gas pipeline extending from Ilarrison County, Ohio through the panhandle of West Virginia,
across Pennsylvania, and into Delaware. This project is an important enhancement to our
nation's pipeline infrastructure and will allow Sunoco to better meet the country's energy
demands.
One of the first activities Sunoco will undertake is the performance of civil surveys and studies
to evaluate the viability of Sunoco's plans, provide information required by certain regulatory
agencies as part of their review of the pipeline proposal, and accurately define the rights of way
and easements necessary I'm- the project. Sunoco has determined that the land described abovc,
in which you may have an interest (your `:Property"), may be affected by this project and, as
such, Sunoco desires to conduct a survey and non-invasive feasibility studies on your Property.
Although PA state law provides Sunoco with the right to conduct these surveys and inspections
Without your express permission, we prefer to obtain your consent before entering upon yotu•
Property. A Survev Permission (orm is enclosed for your review. Please sign and return it to
nie as soon as possible in the enclosed postage paid return envelope. IFwe do not receive a
Signed Survey permission 'form From you, Sunoco will proceed to conduct the sur-ve}`s and
studies at its discretion,during= reasonable daylight hours.
Ulpon completion of the survey, if it is determined that the pipeline route will cross your
proper vy',a Sunoco agent Will contact you to discuss the purchase of an easement or other rights.
You should be hearing from us again in the near future. in the meantime, please feel free to call
me at the number below with any questions. We sincerely thank you for your assistance with
our important efforts.
Very truly yours,
5As
Mark McConnell
Project Manager
Representing Sunoco Pipeline L.P.
Phone: 814-?04-0450
l.nCIOSLU'e(S): Survey Permission
Postage Paid Return Envelope
Mariner East 2. Segment 2 - PA
Tract No.: PA-CU-0050.0000
Sunoco Logistics Sunoco Pipeline L.P.
Right of Way Department
SURVEY PERMISSION FORM
I/Wc hereby give Sunoco Pipeline L.P., its affiliates, agents, employees. and contractors,
as well as its surveyors, biologists, archeologists, and environmental scientists, permission to
enter upon my/our premises described below ("Property") to conduct civil surveys,
environmental surveys, cultural resource surveys, and all other surveys and tests necessary for a
pipeline route study, including but not limited to the placement of stakes, line-of-sight c:learina,
and geoteclhnical soil borings, subject to the condition that 1 am!we are paid for any and all
damages to the Property caused by said surveys,if any.
Date: 12013.
Rolfc W.&Doris.l.Blume
43 Wildwood Road
Newville,Pennsylvania 17241
(717)776-4454
Property Location: _.
Property Address:
Tenant's Ntune: - Phone:
1s there a water well located on this property"? Yes No
Is there a septic system located on this property? Yes No
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44zw 1 Sunoco Logistics Sunoco Pipeline L.F.
Right of Way Department
October 21, 2013
CERTIFIED RETURN RECEIPT REQUESTED RNLI REGULAR MAIL
Rolle W.& Doris J. Blume
43 W i ldwood Road
Newville, Pennsvlvania 17241
Re: Mariner East 2, Segment 2
Proposed Pipeline Project- Survey Permission
'tract PA-CU-0051.0000, 21.7 acres, known as Tax Parcel ID 414'21-04-0387-059A,
situated in Lipper hrankford Township,Cumberland County, PA
Dear Rolfe W. & Doris J. Blume.
Sunoco Pipeline 1_.13. (Sunoco), is investigating the possibility of installing a liquid petroleum
gas pipeline extending from Harrison County, Ohio through the panhandle of West Virginia,
across Pennsylvania,, and into Delaware. This project is an important enhancement to our
nation's pipeline inli-astructure and will allow Sunoco to better meet the country's energy
demands.
One of the first activities Sunoco Will undertake is the performance of civil surveys and studies
to evaluate the viability of Sunoco's plans, provide information required by certain regulatory
agencies as part of their review of the pipeline proposal, and accurately define the rights of way
and casements necessary for the project. Sunoco has determined that the land described above,
in which you may have an interest (your "Property"), may be affected by this projcct and, as
such. Sunoco desires to conduct a survey and non-invasive feasibility studies on your Property.
Although PA state law provides Sunoco with the right to conduct these surveys and inspections
Without }jour express permission, we prefer to obtain your consent before entering upon your
Property. A Survey Permission form is enclosed for your review. Please sign and return it to
me as soon as possible in the enclosed postage paid return envelope. 1f'we do not receive a
signed Survey Permission farm from you. Sunoco will proceed to conduct the surveys and
studies at its discretion, during reasonable daylight hours.
Upon completion of the survey, it' it is determined that the pipeline route will cross your
property, a Sunoco agent Will contact you to discuss the purchase of an easement or other rights.
You should be hearing from irs again in the near future. In the meantime, please feel free to call
me at the number below with any questions. We sincerely thank you for your assistance with
our important efforts.
Mark McConnell
��oct
Rcpresonting Sunoco Pipeline L.P.
Phone: 814-204-0450
Enc(oxurc(y): SurvcIPcnnission
Postngc Paid Return Envelope
Mariner East 2, Segment 2 -PA
Tract No.:PA-CU-0051.0000
Sunoco Logistics Sunoco Pipeline L.P.
?'— Right of Way Department
SURVEY PERMISSION FORM
]/We hereby give Sunoco Pipeline L.P., its affiliates, agents, employees, and contractors,
as well as its surveyors, biologists, archeologists, and environmental scientists, permission to
enter upon nry;our premises described below ("Property") to conduct civil surveys,
environmental surveys, cultural resource surveys, and all other surveys and tests necessary for a
pipeline route study, including but not limited to the placement of'stakes, linc-of=sight clearing,
and gcotechrrical soil borings, subject to the condition that 1 amlwc are paid fog any and all
damages to the Property caused by said surveys, if'anN.
Date: ?013.
_Roll'e W. &Doris J. Bl une
43 Wildwood Road
NeNvville,Pennsylvania 17241
(7 t 7)776-4454
Property Location:
-.....
Property Address:
Tenant's Name: Phone:
Is there a water well located on this property? Yes No
Is there a septic system located on this property? Yes No
Notes/Conditions:
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McNees
Wallace & Nurick LLC
I, j} ;'r{- d » , ' ,,K jar r H-,( 1rn YG 171Cq 116,; Dana W.Chilson
Direct Dial: 717.237.547
ax: 71 r'� ��� � Direct Fax: 717.260.1780
dchilson @mwn.ccm
January 17, 2014
Rolfe W. Blume and Doris J. Blume VIA CERTIFIED MAIL, RETURN
43 Wildwood Road RECEIPT REQUESTED AND FIRST
Newville, PA 17241 CLASS U.S. MAIL WITH
CERTIFICATE OF MAILING
Re: Sunoco Pipeline's Request for Survey Access 7196 9g08 9111 0301 4491
Tract Number: PA-CU-0050.0000 and PA-CU-0051.0000
RECORD SENDERS
Dear Mr. and Mrs. Blume:
McNees Wallace & Nurick LLC represents Sunoco Pipeline L.P. ("Sunoco") regarding
Sunoco's possible acquisition of an easement and right-of-way through your property in Cumberland
County, identified as Tax Parcel numbers 43-04-0387-059 and 43-04-0387-059A. I understand that
yo,u have not responded to Sunoco's request to perform surveys on your property. I am writing in the
hope that I can help facilitate communication in order to gain your permission to allow Sunoco to
perform necessary surveys on your property.
As an initial matter, Sunoco has the legal right to conduct surveys on your property. Sunoco
possesses the right of eminent domain for the proposed Mariner East II pipeline. Service on the
Mariner East II pipeline will be regulated by an agency of the United States under the Interstate
Commerce Act ("ICA"), 49 U.S.C. § 1 (1988). Because the pipeline will be regulated by an agency of
the United States, Sunoco qualifies as a "public utility corporation" under Pennsylvania's Business
Corporation Law ("BCL"), 15 Pa.C.S. § 1101 et seq. As a public utility corporation under this law,
Sunoco has the right, under Section 1511 of the BCL, to condemn property for the purpose of
constructing the pipeline. Included within the power of eminent domain granted to Sunoco by statute
is the authority to conduct surveys under Section 309 of Pennsylvania's Eminent Domain Code (26
Pa.C.S. § 309).
I hope this clarifies any questions or concerns you may have about Sunoco's legal authority
here.
As for any practical concerns you may have about the process itself, the purpose of the
proposed survey work is to determine whether your property would be an appropriate location for the
proposed pipeline. Sunoco understands your concerns about protecting your property. I can assure
www.mwn.com
HARRISBURG, PA LANCASTER, PA e SCRANTON, PA o STATE COLLEGE, PA o COLUMBUS, OH • WASHINGTON, DC
Rolfe W. Blume and Doris J. Blume
January 17, 2014
Page 2
you that Sunoco's employees and agents will be respectful of your property rights. Sunoco's initial
survey access will be minimal, as Sunoco is still trying to determine the exact route of the pipeline and
the final details of the project. At this time, Sunoco simply would like to inspect, survey and perhaps
dig small holes, using a shovel, for cultural resource investigation. I have enclosed a document that
further explains the survey work. Although Sunoco does not expect this initial access to cause any
damage to your property, Sunoco is required by law to pay you for any damage it causes to the
property.
To be clear, Sunoco has not yet decided whether it would like to place a pipeline across your
property and allowing access for the survey does not mean that you are conceding Sunoco's right to
ultimately install a pipeline on your property. This is merely the first step in the process and one that
should present no real downside, as any intrusion will be minimal and temporary.
I hope that this letter addresses any legal or practical concerns you may have about this
process. If you have additional questions about Sunoco's condemnation authority or the scope of the
proposed surveys, please let me know. Otherwise, if you will contact Mark McConnell at (814) 204-
0450, Sunoco can set up a convenient time to perform its surveying work. If we do not hear from you
within 10 days of receipt of this letter, we will assume that you no longer object to the survey, and
Sunoco will advise the surveyors to begin surveying your property shortly thereafter. A Sunoco
representative will attempt to provide you at least 24 hours notice prior to the beginning of the survey
work.
Sincerely,
McNEES WALLACE & NURICK LLC
By
4a)f�W. Chilson
Enclosure
SUNOCO PIPELINE L.P.
Field Studies/Surveys
A survey team consisting of three or four people may be visiting your property and conducting
one or more of the following field studies/surveys:
Civil Survey
Surveyors will be on site using GPS and traditional surveying equipment to perform topographic
and boundary surveys along the proposed pipeline right-or-way. Surveyors may be placing
stakes and/or flats to mark survey control points, any existing pipeline, or property cornet's.
ArehacoloLyical/CultLIr}tl Resource Surycy
Cultural resource surveys Neill be undertaken as necessary in order to ensure compliance with
relcvant permitting .needs and Spite Historic Preservation Office regulati.oas and to ensure
identification and aSSCssnicnt of above and bClow Sr'ollnd CLIItLiI'aI rCSQUI'CCS,
Archacological SLIINCyS may include the CMMI(ion of small shovel tesLs pits every 50 Feet along
the proposed pipeline right-of way. Shovel lest pits are dug using hand tools rind arc
approximatcly 1.5 — 2 fleet wide, Shovel (Lasts are immediately backfilled and every cffort is
made to preserve (he sod layer.
SUbSUI-NICC Utility SM 1ICY
Sul)SLII'IJCC utility surveys will he conducted (o de(ermine presence of underground utilities
within the project area. Small lest hole~ Will be performed to locate underground utilities
opproxinnately 18-inches in dianne(Cf.- "These ICSt holes Will be perf10rnncd using a pressurircd air
and a vucuuni hose. The excavations will he surveyed and holes will be backfillcd to the existing
SLII'faCC.
R,nvironmcntal Survey
At this time aquatic resource (wetland iund waterbody) and basic habitat charactcrization surveys
are planned for the proposed project alignnient. these surveys Will include the mapping of
wetlands and streams using GPS survey. Where these resources occur, vinyl flanging will be
used at intervals to mark the boundaries. Small soil samples may be taken within and nearby
wetland habitats. 1-Tabitat surveys will not involve the hanging of flags or soil samples, but will
involve a descriptive assessment of the habitats encountered so that impacts can properly be
evaluated. These baseline surveys may lead to.additional evaluations that may include species-
specific survey or more detailed habitat characterizations. Notification will occur if additional
efforts result in actions on your property beyond those presented here.
----------------------------------------------- - --
2. Article Number
COMPLETE THIS SECTION 014 DELIVERY
A. Recjvd by(Please Print Clearly) B. Da of De ery
C. Sigriat re
t///y�� Agent
7196 9008 9111 0301 4491 X ❑Addresse
D. Is delivery address different fr=erence it 1? ❑Yes
'- No
3. Service Type CERTIFIED MAILTm
4. Restricted Delivery?(Extra Fee) ❑Yes
1. Article Addressed to:
Rolfe W. Blume and Doris J. Blume on
43 Wildwood Road
Newville, PA ]7241 32 935-0005(Blume)
2047
i PS Form 3811,January 2005 Domestic Return Receipt
7196 9008 9111 0301 4491
TO: Rolfe W. Blume and Doris J. Blume
43 Wildwood Road
Newville, PA 17241
SENDER: 2047
REFERENCE: 32935-0005(Blume)
PS Form 3800,January 2005
RETURN Postage f G
RECEIPT Certified Fee
SERVICE
Return Receipt Fee Z- �
Restricted Delivery
Total Postage&Fees. G
USPS" :%POSTMW OR DATE
Receipt for
S
Certified Mail",, 1 # r j 1
No insurance Coverage Provided
Do Not Use for International trfall
SUNOCO PIPELINE L.P., IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V. c
CZ
c
ROLFE W. BLUME AND - n.
DORIS J. BLUME, ; r
RESPONDENTS 14-0630 CIVIL TERM }`
ORDER OF COURT
AND NOW, this day of February, 2014, up
consideration of the Petitioner's Verified Petition for Immediate Right of Entry Pursuant
to 26 Pa.C.S. § 309 , IT IS ORDERED:
(1) A Rule is issued upon Respondents to show cause why the requested relief
should not be granted;
(2) Respondents shall file an answer to the motion within twenty-one (21) days
of the date of this order;
(3) The petition shall be decided under Pa.R.C.P. 206.7;
(4) Argument shall be held on Wednesday, March 26, 2014, at 1:30 p.m., in
Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania;
(5) Briefs shall be submitted, to the chambers of this judge, at least seven (7)
days prior to argument;
(6) Notice of the entry of this order shall be provided to all parties by the
Petitioner.
By the Court,
Albert H. Mas and, J.
✓ Curtis N. Stambaugh, Esquire
For Petitoiner
Rolfe W. Blume and
Doris J. Blume ajle�
43 Wildwood Road
Newville, PA 17241 CpP
sal
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson L 1.-_5..i : ` w
Sheriff �`' ` I
, } , ROT
Jody S Smith ksxt Di €tarsi, g1,
Chief Deputy
Hilt FEB 19 PM 3: 1
Richard W Stewart CUMBERLAND COUNTY
Solicitor a- PENNSYLVANIA
Sunoco Pipeline LP Case Number
vs.
Rolfe W Blume (et al.) 2014-630
SHERIFF'S RETURN OF SERVICE
02/10/2014 01:15 PM- Deputy William Cline, being duly sworn according to law, served the requested Order&
Petition by"personally" handing a true copy to a person representing themsely be the Defendant, to
wit: Rolfe W Blume at 43 Wildwood Rd., Upper Frankford, Newville, PA 1724
/1-2__
LIAM CLINE, DEPUTY
02/10/2014 01:15 PM- Deputy William Cline, being duly sworn according to law, served the requested Order&
Petition by handing a true copy to a person representing themselves to be Ralfe Blume, Husband, who
accepted as"Adult Person in Charge"for Doris J. Blume at 43 Wildwood Road, Up r Frankford,
Newville, PA 17241.
ADEPUTY
SHERIFF COST: $58.02 SO ANSWERS,
g 'Kfo-
February 11, 2014 RONNY R ANDERSON, SHERIFF
SUNOCO PIPELINE L.P. : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Petitioner PENNSYLVANIA
v. NO. 14-630 Civil Term '
Pr? ,
ROLFE W. BLUME and DORIS J. --•
r-..n :-
BLUME
�,
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Respondents • -r
PROOF OF SERVICE
I hereby certify that on February 11, 2014, I served a copy of the Court's February 7,
2014 Order issuing a Rule on Respondents Rolfe W. Blume and Doris J. Blume by first class
mail, postage prepaid addressed to them at 43 Wildwood Road,Newville, PA 17241. A
Certificate of Mailing evidencing the service is attached.
McNEE ALLACE &NURICK LLC
•
By ✓/,% ��
Curtis N. Stambaugh, Esquire
Pa. I.D. No. 80565
Kimberly A. Colonna, Esquire
Pa. I.D. #80362
Dana W. Chilson, Esquire
Pa. I.D. # 208718
McNees Wallace &Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Dated: February 18, 2014 Counsel for Sunoco Pipeline L.P.
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aUNITED STATES Certificate`Ofz' > .
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PS Form 3817,April 2007 PSN 7530-02-000-9065 nsGj
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CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing document by first class
mail,postage prepaid, upon the following:
Rolfe W. Blume and Doris J. Blume
43 Wildwood Road
Newville, PA 17241
Dated: February 18, 2014 /)A04/aRIA---
Dana W. Chilson
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA-
CUMBERLAND COUNTY
SUNOCO Pipeline L.P. • Civil Action-Miscellaneous
•
Petitioner •
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•
y r t`,.) Cf.
ct� C;
V. Docket No. 14-630
•
•
C-?
Rolfe W. BLUME and Doris J. BLUME, :
A
Respondents •
Respondent Rolfe Blume's Answer to Petitioner Sunoco Pipeline Co.'s Petition for,
Immediate Right of Entry Pursuant to 26 Pa. C.S. §309
1. Admitted.
2. Admitted.
3. Admitted that Sunoco Pipeline L.P. provides petroleum product transport, it is
unknown by Respondent what the exact purpose of the"Pipeline" proposed by
Petitioner is, as Petitioner and its employees and agents have been consistently
unwilling to provide details relevant to Respondent's interests.
4. Admitted that the Federal Energy Regulatory Commission regulates interstate
transport of petroleum products; denied that the"Pipeline" is currently so
regulated, and therefore Petitioner must qualify under other provisions, which it
has not alleged. Further, it is denied that the Petitioner is, in fact, a"business
corporation" at all within the meaning of the BCL, as it is a foreign partnership
5. Admitted.
6. Admitted as to the ownership of the parcels. Denied that the parcels constitute
one real estate entity, as each is separately titled and separately taxed. The first
parcel, "059", constitutes 66 acres of agricultural and residential use. The second
parcel, "059A", constitutes 32 acres of agricultural, residential, and commercial
use.
7. Admitted as to the Petitioner's duties, denied as the route is unknown to
Respondent Blume, and Petitioner and its agents and employees have thus far
refused to indicate what route is proposed across which of Respondent's parcels.
8. Admitted that 26 Pa. C.S. §309 states that access shall be granted. Denied that the
access sought is the narrow exception to the common law indicated by the statute;
rather the Petitioner seeks full and complete access, without exception, to every
portion of Respondent's property. Denied that the statute grants this.
9. Denied that the route extends through Respondent's two (2) parcels, as Petitioner
and its employees and agents have consistently refused to indicate the potential
path.
10. Denied for the reasons stated in¶9.
11. Admitted.
•
•
12. Denied, as Petitioner,through its agents and employees, have consistently sought
to undermine Respondent's rights to quiet enjoyment of his properties, as detailed
in New Matter, below.
13. Admitted that Petitioner's agents or employees (it is assumed that Sunoco
Logistics is, in fact
14. Admitted.
15. Admitted that counsel sent the letter attached. It is denied that counsel was
"attempt[ing] to resolve the dispute" as counsel refused to specify what areas
would be accessed or answer any other questions regarding the project
contemplated.
16. Admitted that a telephone conversation took place and that Mr. Blume again
denied entry because his concerns were not me.
17. Legal conclusion to which no answer is required.
18. Admitted that Petitioner seeks no permanent easement or ownership right; denied
insofar as Petitioner seeks an unlimited access to Respondent's property for
undisclosed periods of time, for unclear purposes, and for an unknown number of
persons.
19. Admitted that a condemnor is required to pay damages under §309 for injury
pursuant to
20. Respondent is without information as to what is possible or not to the Petitioner in
this matter.
21. Respondent is without information as to Petitioner's motivations as to seeking this
Order.
22. Admitted that no judge in Cumberland County has ruled in this or a related
matter; without citations or reproduced, certified copies of Orders from the
respective judges Respondent is unable to determine on what basis and what
precedent the Honorable jurists named so ruled.
23. Admitted that Respondent was not represented at the time, thus
WHEREFORE, Respondent requests this Honorable Court to deny Petitioner the relief
sought, and/or grant Respondent such other relief as the Court deems just.
New Matter
24. The parties are not unknown to one another; Sun Pipeline or another Sun unit
currently runs a pipeline across the"059"property which pipeline has been in
place for over 70 years.
25. Approximately 15 years ago Sun sought to enforce an unlimited right of way
across Respondent's land.
26. This right of way by deed was fixed at forty (40)feet.
27. Sun sought to ignore the deed restriction and sought to browbeat Respondent into
agreeing, which Respondent refused to do.
28. As a result of this earlier conflict, Sun and Respondents entered into an agreement
which reaffirmed the earlier right of way, and further provided that Sun would
provide notice to Respondents before entry onto the land, and that Sun's
employees or agents would not enter Respondents' property at all during hunting
season.
29. In or about December, 2013, agents of Sun did make entry onto Respondents'
land without notice AND during hunting season.
30. When questioned,the Petitioner's agents claimed notice was sent, but could not
provide proof.
31. This entry created turmoil in Respondent's family as Mrs. Warner, Respondent
Doris Blume's mother,resides within 75 feet of this right of way and was
frightened by the presence of men near her home without notice.
32. These past dealings have created an impression to Respondent that Sun will NOT
live up to its undertakings and agreements, despite prior assurances.
33. When Respondent was contacted by Sun about this alleged need for entry,
Respondent requested that a representative come to his home to speak with him
about details of the surveys to be conducted.
34. No one ever acceded to this request.
35. Sun refuses to indicate the size of pipe involved in the current project,the
proposed pressure of transmission,the volume and type of product transported,
the dangers involved, width of the right of way, other infrastructure necessary on
the land,estimated date of construction and its length, or what portion of the
property they seek to survey, all of which is germane to Respondent's concerns.
36. They have not disclosed the size of the surveys' crews, how long they will be
present, or what access they will use.
37. Respondent has both a working farm and a commercial enterprise on his property.
38. Presence of large amounts of equipment and vehicles threaten to disrupt both
these operations, and it is extremely unclear from the statute that the drafters
considered business interruption as the type of"damage" for which Respondents
can seek compensation.
39. In addition to access, Sun has demanded that Respondent permit the use of all-
terrain vehicles in these surveys.
40. All terrain vehicles are capable of great damage to crop land and especially the
fragile topsoil on which farmers depend.
41. Land values decrease with the presence, even in rumor, of a pipeline. Respondent
is concerned that such surveys as Sun wishes to conduct will result in the loss of
resale value of his land, which, at age 72 represents the largest of his assets by far.
42. Further, Sun's demand for practically unfettered access is not in accord with the
spirit of Pennsylvania.
43. As the use of this statutory power of entry without recourse embodied in 26 Pa.
C.S. §309 is in derogation of the common law, which did NOT permit trespass
except in dire circumstances by representatives of the King, it must be narrowly
construed. Contas v. Bradford, 206 Pa. 291, 55 A. 99 (1902) and cases following.
44. The force of this principle is even greater when applied to a for-profit corporation
or other entity.
45. The prior pipeline is contained in a narrow strip in the first"059" parcel only- and
this area can be accessed by an unimproved road from beside the wreak
Frankford Elementary School on Pa. Route 944.
46. For Sun to claim that they do not know where they will place this pipeline and
thus need access to ALL of Respondents' property strains credulity.
WHEREFORE, Respondent prays that this Honorable Court grant him the relief of
requiring Sun Pipeline LP to limit their survey only to a very small area adjoining the
current pipeline, require access from Pa Route 944 along the existing unimproved road,
detail exact times and durations of the surveys, prohibit the use of All-Terrain Vehicles,
provide for the damage to his business and commercial enterprises, and provide for
additional sanctions if the Court's Orders are not obeyed by Sun Pipeline LP, and/or
grant Mr. and Mrs. Blume such other relief as the Court deems just.
Respectfully submitted,
David R. Yoder, 06-v.d i vS '- f `aA f
Attorney for Rolfe Blume
Pa. Att'y ID 76281
P.O. Box 215
Carlisle, Pa. 17013
Tel. 717-571-2088
AND
Scott M. Amori,
Pa. Attorney ID 77038
Amori & Associates
717 Sarah St.,
Stroudsburg, Pa. 18360
Tel. 570-421-1406
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA -
CUMBERLAND COUNTY
SUNOCO Pipeline L.P. Civil Action- Miscellaneo
Petitioner
v. Docket No. 14 -630
Rolfe W. BLUME and Doris J. BLUME,
Respondents
Respondent Rolfe Blume's First Amended Answer to Petitioner Sunoco Pipeline
Co.'s Petition for Immediate Right of Entry Pursuant to 26 Pa. C.S. 4309
tt
1. Admitted.
2. Admitted.
3. Admitted that Sunoco Pipeline L.P. provides petroleum product transport, it is
unknown by Respondent what the exact purpose of the "Pipeline" proposed by
Petitioner is, as Petitioner and its employees and agents have been consistently
unwilling to provide details relevant to Respondent's interests.
4. Admitted that the Federal Energy Regulatory Commission regulates interstate
transport of petroleum products; denied that the "Pipeline" is currently so
regulated, and therefore Petitioner must qualify under other provisions, which it
has not alleged. Further, it is denied that the Petitioner is, in fact, a "business
corporation" at all within the meaning of the BCL, as it is a foreign partnership
5. Admitted.
6. Admitted as to the ownership of the parcels. Denied that the parcels constitute
one real estate entity, as each is separately titled and separately taxed. The first
parcel, "059 ", constitutes 66 acres of agricultural and residential use. The second
parcel, "059A ", constitutes 32 acres of agricultural, residential, and commercial
use.
7. Admitted as to the Petitioner's, duties, denied as the route is unknown to
Respondent Blume, and Petitioner and its agents and employees have thus far
refused to indicate what route is proposed across which of Respondent's parcels.
8. Admitted that 26 Pa. C.S. §309 states that access shall be granted. Denied that the
access sought is the narrow exception to the common law indicated by the statute;
rather the Petitioner seeks full and complete access, without exception, to every
portion of Respondent's property. Denied that the statute grants this.
9. Denied that the route extends through Respondent's two (2) parcels, as Petitioner
and its employees and agents have consistently refused to indicate the potential
path.
10. Denied for the reasons stated in ¶ 9.
11. Admitted.
12. Denied, as Petitioner, through its agents and employees, have consistently sought
to undermine Respondent's rights to quiet enjoyment of his properties, as detailed
in New Matter, below.
13. Admitted that Petitioner's agents or employees (it is assumed that Sunoco
Logistics is, in fact
14. Admitted.
15. Admitted that counsel sent the letter attached. It is denied that counsel was
"attempt[ing] to resolve the dispute" as counsel refused to specify what areas
would be accessed or answer any other questions regarding the project
contemplated.
16. Admitted that a telephone conversation took place and that Mr. Blume again
denied entry because his concerns were not me.
17. Legal conclusion to which no answer is required.
18. Admitted that Petitioner seeks no permanent easement or ownership right; denied
insofar as Petitioner seeks an unlimited access to Respondent's property for
undisclosed periods of time, for unclear purposes, and for an unknown number of
persons.
19. Admitted that a condemnor is required to pay damages under §309 for injury
pursuant to
20. Respondent is without information as to what is possible or not to the Petitioner in
this matter.
21. Respondent is without information as to Petitioner's motivations as to seeking this
Order.
22. Admitted that no judge in Cumberland County has ruled in this or a related
matter; without citations or reproduced, certified copies of Orders from the
respective judges Respondent is unable to determine on what basis and what
precedent the Honorable jurists named so ruled.
23. Admitted that Respondent was not represented at the time, thus
WHEREFORE, Respondent requests this Honorable Court to deny Petitioner the relief
sought, and/ or grant Respondent such other relief as the Court deems just.
New Matter
24. The parties are not unknown to one another; Sun Pipeline or another Sun unit
currently runs a pipeline across the "059" property which pipeline has been in
place for over 70 years.
25. Approximately 15 years ago Sun sought to enforce an unlimited right of way
across Respondent's land.
26. This right of way by deed was fixed at forty (40) feet.
27. Sun sought to ignore the deed restriction and sought to browbeat Respondent into
agreeing, which Respondent refused to do.
28. As a result of this earlier conflict, Sun and Respondents entered into an agreement
which reaffirmed the earlier right of way, and further provided that Sun would
provide notice to Respondents before entry onto the land, and further verbally
assured Blume that Sun's employees or agents would not enter Respondents'
property at all during hunting season. See Exhibit "A ", attached.
29. In or about December, 2013, agents of Sun did make entry onto Respondents'
land without notice AND during hunting season.
30. When questioned, the Petitioner's agents claimed notice was sent, but could not
provide proof.
31. This entry created turmoil in Respondent's family as Mrs. Warner, Respondent
Doris Blume's mother, resides within 75 feet of this right of way and was
frightened by the presence of men near her home without notice.
32. These past dealings have created an impression to Respondent that Sun will NOT
live up to its undertakings and agreements, despite prior assurances.
33. When Respondent was contacted by Sun about this alleged need for entry,
Respondent requested that a representative come to his home to speak with him
about details of the surveys to be conducted.
34. No one ever acceded to this request.
35. Sun refuses to indicate the size of pipe involved in the current project, the
proposed pressure of transmission, the volume and type of product transported,
the dangers involved, width of the right of way, other infrastructure necessary on
the land, estimated date of construction and its length, or what portion of the
property they seek to survey, all of which is germane to Respondent's concerns.
36. They have not disclosed the size of the surveys' crews, how long they will be
present, or what access they will use.
37. Respondent has both a working farm and a commercial enterprise on his property.
38. Presence of large amounts of equipment and vehicles threaten to disrupt both
these operations, and it is extremely unclear from the statute that the drafters
considered business interruption as the type of "damage" for which Respondents
can seek compensation.
39. In addition to access, Sun has demanded that Respondent permit the use of all -
terrain vehicles in these surveys.
40. All terrain vehicles are capable of great damage to crop land and especially the
fragile topsoil on which farmers depend.
41. Land values decrease with the presence, even in rumor, of a pipeline. Respondent
is concerned that such surveys as Sun wishes to conduct will result in the loss of
resale value of his land, which, at age 72 represents the largest of his assets by far.
42. Further, Sun's demand for practically unfettered access is not in accord with the
spirit of Pennsylvania law.
43. As the use of this statutory power of entry without recourse embodied in 26 Pa.
C.S. §309 is in derogation of the common law, which did NOT permit trespass
except in dire circumstances by representatives of the King, it must be narrowly
construed. Contas v. Bradford, 206 Pa. 291, 55 A. 99 (1902) and cases following.
44. The force of this principle is even greater when applied to a for - profit corporation
or other entity.
45. The prior pipeline is contained in a narrow strip in the first "059" parcel only- and
this area can be accessed adequately by using the existing right of way, or if
needed, by an unimproved road from beside the Frankford Elementary School on
Pa. Route 944.
46. For Sun to claim that they do not know where they will place this pipeline and
thus need access to ALL of Respondents' property strains credulity.
47. Further, the use of a stand -alone petition is without precedent. Where a party
seeks to restrain a second party from engaging in behavior blocking the first from
the exercise of some right, the standard remedy is an injunction. 16 P.L.E. Courts -
395.
48. Thus this Petition should be dismissed as without basis in law.
WHEREFORE, Respondent prays that this Honorable Court grant him the relief of
requiring Sun Pipeline LP to limit their survey only to a very small area adjoining the
current pipeline, require access from along the existing right or way, or, if Sun can show
the need, Pa Route 944 along the existing unimproved road, detail exact times and
durations of the surveys, prohibit the use of All- Terrain Vehicles, provide for the damage
to his business and commercial enterprises, and provide for additional sanctions if the
Court's Orders are not obeyed by Sun Pipeline LP, OR dismiss the petition as without
jurisdiction in this Court, and/or grant Mr. and Mrs. Blume such other relief as the Court
deems just.
Respectfully submitted,
avid R. Yoder,
Attorney for Rolfe PXu
Pa. Att'y ID 76281
P.O. Box 215
Carlisle, Pa. 17013
Tel. 717 -571 -2088
AND
Scott M. Amori,
Pa. Attorney ID 77038
Amori & Associates
717 Sarah St.,
Stroudsburg, Pa. 18360
Tel. 570- 421 -1406
VERIFICATION
I, Rolfe W. Blume, verify that the statements made in the foregoing Answer and New Matter are
true and correct to the best of my knowledge, information and/or 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
EXHIBIT A
ROBERT P. ZJECLER
FIRST AMENDMENT TO RIGHT OF WAf WiSiikifilkiNtEE D S
t.UMBERLAND COUNTY -PA
'01 AUG 22 Prl 2 32
THIS FIRST AMENDMENT TO RIGHT WAY AGREEMENT ( "Amendment
Agreement ") made this 016day of __ � 2001, by and between Rolfe W. and Doris J.
Blume, husband and wife, with an address of 43 Wildwood Road, Newville, PA 17241
(hereinafter jointly and severally referred to as, "Landowner "); and ATLANTIC PIPELINE
CORP.( "Atlantic "), a Delaware corporation, by and through its operator, SUN PIPE LINE
COMPANY ( "Sun "), a Pennsylvania corporation, having an address of 1801 Market Street,
Philadelphia, PA 19103 (Landowner, Atlantic and Sun are hereinafter collectively referred to as
"Parties ").
WITNESSETH
WHEREAS, This Amendment Agreement is based upon the compelling interest of the
Parties to protect the pipeline and ensure that the pipeline is operated safety, and to maintain the
right of way in a reasonable environmental manner which emphasizes safety and minimizes the
risk of pipeline damage. The underlying purpose is to foster a cooperative commitment on the
part of the Parties, their agents, contractors, successors, heirs and assigns to conduct their
respective activities in a manner which supports and furthers this mutual interest; and
WHEREAS, pursuant to the terms of a certain right of way agreement recorded in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania on June 19, 1935, in
Miscellaneous Book 67, Page 1, (hereinafter referred to as "Right of Way Agreement "), John
A. Crider, granted unto Keystone Pipe Line Company certain rights . to lay, operate, maintain,
repair and remove a pipeline together with the right of ingress, egress, and regress, all as is
more specifically described in the aforesaid Right of Way Agreement; and
B;iJK 680 LUE2i ''
1
02/28/2014 11:22:32 AM CUMBERLAND COUNTY
Inst.# 200127902 - Page 1 of f
WHEREAS, Keystone Pipe Line Company did install a pipeline pursuant to the terms
of the Right of Way Agreement upon, over and under the lands of said John A. Crider, located
in Upper Frankford Township, Cumberland County, Pennsylvania; and
WHEREAS, all rights, title and interest originally granted to Keystone Pipe Line
Company, and the pipeline installed in accordance therewith, are now owned by Atlantic; and
WHEREAS, by Deed dated May 20, 1974, and recorded in the Office of the Recorder
of Deeds of Cumberland County, Pennsylvania in Deed Book P25, Page 915, title to all or part
of the lands covered by the Right of Way Agreement became vested in Landowner; and
WHEREAS, pursuant to certain contractual arrangements, Sun maintains and operates
the pipelines of Atlantic referred to hereinabove, as an agent operator for the benefit of Atlantic;
and
WHEREAS, Sun has the full legal authority to bind Atlantic, as the agent of Atlantic;
and
WHEREAS, the Parties have agreed to amend the Right of Way Agreement to further
clarify the rights, duties and responsibilities of the Parties; and
WHEREAS, the Parties hereto agree to amend the Right of Way Agreement upon the
terms and conditions as hereinafter set forth.
NOW, THEREFORE, in consideration of the promises, covenants and of the mutual
advantages accruing or expected to accrue to the Parties hereto by virtue of this Amendment
Agreement, the Parties hereto, intending to be legally bound hereby, for themselves and their
respective successors, heirs and assigns, covenant and agree that the Right of Way Agreement
N i(;6`- 660! I-At;t 2188
2
ANn rni INTY Inst.# 200127902 - Page 2 of 9
shall be amended as follows:
1. Atlantic's rights of way and easement, as provided in the Right of Way
Agreement which traverses over, upon, above, under and across the aforesaid lands of
Landowner, are and shall be limited and restricted to one strip of land not to exceed forty feet
(40') in width which is to be measured as twenty feet (20') on either side of the pipeline existing
as of the execution date hereof.
2. The Landowner shall continue, as provided by the original Right of Way
Agreement, to fully use and enjoy the said right of way, including the right to plant crops,
Shrubbery (as hereinafter defined) and Crop Trees (as hereinafter defined), and to cross and
otherwise use the right of way, except that:
(a) No permanent structures shall be placed on the right of way without the
prior written consent of Sun, which consent shall not be unreasonably withheld (for purposes of
this subparagraph, portable deer stands shall not be considered permanent structures);
(b) No new utility, driveway or roadway crossings shall be installed on,
under or across the right of way without Sun's prior written consent, which consent shall not be
unreasonably withheld;
(c) The Landowners, their agents, contractors, successors, heirs and assigns
shall give Sun not less than seventy -two (72) hours advance notice prior to any excavation,
grading, (except normal farming activities), construction or installation of utilities or roadways
over, upon, across or under the pipeline and/or right of way by contacting the PA ONE CALL
SYSTEM at 1- 800 - 242 -1776 or such other number as may be designated in the future;
02/28/2014 11:22:32 AM
FOuc( 680 ku 21_89
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CUMBERLAND COUNTY Inst.# 200127902 - Page 3 of &
(d) No material change in the grade within the right of way shall be made
without Sun's prior written consent, which consent shallcibe unreasonably withheld;
(e) No bodies of water shall be created which encroach on the pipeline or
right of way; and
(f) No Shrubbery (as hereinafter defined) or Crop Trees (as hereinafter
defined) shall be planted within ten (10) feet of either side of the pipeline.
For purposes of this Amendment Agreement, "Crop Trees" and "Shrubbery" shall
be defined as evergreen trees and shrubs planted and cultivated by the Landowner for periodic
harvesting and removal as a nursery crop which do not exceed ten (10) feet in height.
3. Except as hereinafter provided, Landowner agrees that Sun or its agents, has the
right, but not the obligation, from time to time, to cut, clear and remove all trees, brush, plants,
field crops, Shrubbery and Crop Trees and to side trim overhanging parts thereof located within
the boundaries of Atlantic's right of way as defined herein in accordance with the provisions
hereof. Sun agrees to reasonably consider the opinions and desires of the Landowner when
making the determination to cut, clear, remove or side trim trees, brush, plants, or shrubbery
located in residential areas, unless such cutting, clearing, removal or side trimming is necessary
to respond to a pipeline emergency, in which case no such consideration shall be required. The
Parties agree, however, that the final determination to cut clear, remove or side trim said trees,
brush, plants, or shrubbery located in residential areas shall be at the sole and exclusive
discretion of Sun. In exercising its rights hereunder, Sun shall not be liable to Landowner for
damages for cutting, clearing or removing natural (non-cultivated) growth within the
boundaries of Atlantic's right of way. Sun shall, however, be liable to Landowner for damages
resulting from the cutting, clearing and removal of field crops, Shrubbery and Crop Trees
Bi3uK 680 L21,90
02/28/2014 11:2232 AM
4
CUMBERLAND COUNTY Inst.* 200127902 - Page 4 of 9
located within the boundaries of Atlantic's right of way, provided the Shrubbery and Crop Trees
have not exceeded the height restrictions previously described herein. In addition, Sun shall be
liable to Landowner for damages to any of the aforementioned vegetation which is located
outside of Atlantic's right of way, provided such damages result from Sun's right of way
maintenance activities. The amount of any such damages for which Sun may hereafter become
liable as a result of cutting, clearing and removal of field crops, Shrubbery or Crop Trees shall
be determined, if not first mutually agreed upon, in accordance with the arbitration procedures
set forth in the Right of Way Agreement, or absent such procedures, as determined by a
qualified forester as mutually agreed upon between the Parties.
In addition to the above, Sun, its respective agents, representatives, successors or
assigns, shall, upon any cutting, mowing, side trimming and/or clearing of any trees, brush,
plants, Shrubbery and Crop Trees, and trimming of overhanging parts thereof located within the
boundaries of Atlantic's right of way, as soon as reasonably possible, but not later than thirty
(30) days after completion thereof, commence with, until completion, the necessary clean up of
any debris or timber which resulted from said cutting and clearing of the right of way. It shall
be the responsibility of Sun, its respective agents, representatives, successors or assigns, to cut
any timber in approximately ten (10) foot length and to reasonably stack said timber along the
edge of the right of way and at its option, to either chip, mulch or remove any debris which
results from said cutting and clearing of the right of way from the land of the Landowner in a
timely manner. In the event that Sun fails to perform its obligations set forth in the paragraph
the Landowner may cause a third party to clean up such timber and debris as stated above,
provided the Landowner has first provided Sun with forty-five (45) days advance written notice
of such failure and allowed Sun an additional forty -five (45) days to cure such failure. Sun
hereby agrees to indemnify and hold Landowner harmless from any and all costs of a third
party clean -up. Notwithstanding the above, in the event that Sun notifies the Landowner as
provided hereunder within the thirty (30) day cure period as stated above, that the weather
02/28/2014 11:22:32 AM
CUMBERLAND COUNTY Inst.# 200127902 - Page 5 of
andlor soil conditions are such that such clean up activity would cause severe or
environmentally undesirable damage to the surface of the right of way and/or access roads at
the time or that Sun is precluded from conducting such clean up because of Acts of God
strikes, work stoppages or other circumstances beyond its control, then in that event, such clean
up will e postponed until conditions are appropriate.
4. Sun, contractors, successors ' shall efforts to
. —_� agents, , _-_�'_, best
give Landowner not less than thirty (30) days advance written notice prior to any cutting,
mowing, side trimming or other clearing of the right of way unless such cutting, mowing,
removal, side trimming or other clearing is necessary to respond to a pipeline emergency, in
which case no such notice shall be required. When notice is required (non-emergency
situations) as stated above, notice shall be deemed to be gien upon a written letter being hand-
delivered or sent to the last known Landowner according to Sun's records, the same to be sent
via first class United States mail to the address of the property being affected as set forth in
Paragraph 9 herein.
5. The Parties agree that this Amendment Agreement shall be binding upon, and
inure to the benefit of the agents, successors, assigns, heirs, administrators and personal
representatives of the Parties.
6. All the terms and provisions of the aforesaid Right of Way Agreement, except as
modified and amended by this Amendment Agreement, Agreement, are hereby ratified and confirrned, and
shall remain in full force and effect.
7. Sun, its agent , contractors, successors and/or assigns, agree to maintain the
right of way in a reasonable environmental manner so as to protect the pipeline and surro
land areas of the Landowner from damage and erosion.
6
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bob.K 680 /AuF.21.92
|nst.*ow1zrno Page s'
8. Sun, its agents, contractors, successors and/or assigns, hereby agree to repair any
damages to areas which are disturbed as a result of its right of way maintenance activities, if
repairable, and return to their original condition any other lands of the Landowner which Sun
may use for purposes of ingress, egress or regress to and from or arising out of its use or
maintenance of the aforesaid right of way.
9. Any and all notices provided for hereunder, unless otherwise stated, shall be
considered as properly given if in writing and sent by registered or certified United States mail,
return receipt requested, addressed to the party for whom intended at the following respective
addresses:
Sun Pipe Line Company
Manager of Right of Way
1801 Market Street
Philadelphia, PA 19103
Landowner
Rolfe W. and Doris J. Blume
43 Wildwood Road
Newville, PA 17241
7 BOUK.
02/28/2014 11:22:32 AM CUMBERLAND COUNTY
Inst.# 200127902 - Page 7 c
IN WITNESS WHEREOF, intending to be legally bound, the Parties have caused these
presents to be duly executed the day and year aforesaid.
By:
Name:
Title:
By:
Name:
Title:
ATLANTIC ','' ' CO
,10,
1
6G(1 1,',GF2 94
(SEAL)
(SEAL)
02/28/2014 11:22:32 AM CUMBERLAND COUNTY Inst.# 200127902 - Page 8 c
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
0110140,h
,,• ,t•
AttlY
„ON this g' day of hi 1 before.pke, the subsc , a Notary Public in and
County, personally app itsr.wohlh um:2_, , to me
.,
"03e the person described in an w executed the for oing instrument, and I having
;known to him the contents thereof, he did thereupon acknowledge that he signed,
"d' elivered the same as his free and voluntary act and deed for the uses and purposes
eXpressed.
kt :0 of
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Baize A. Morrison, Notaiy Public
Carlisle Boro, Cumberland County
My Commission Expires Dec 15, 2004
Member, Pennsylvania As
ation of No
,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
Notary Publi
ON this 44 day of 1464/5:r -, 2001 before me the subscriber, a Notary
Public in and for said County, appeared David A. Justin, to the personally known, who, being
by me duly sworn, did say that he is the Vice President of Sun Pipe Line Company, a
corporation of the Commonwealth of Pennsylvania, and the President of Atlantic Pipeline
Corp., a Delaware Corporation, and that the seals affixed to said instrument are the corporate
seals of said corporations and that instrument was signed and sealed on behalf of said
corporations by authority of its Board of Directors and David A. Justin acknowledged the
execution of said instrument to be the free act and deed of said corporations.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
I Certify this to be recorded
In Cumberland County PA
"i0-,4—,
Recorder of Deeds
Notarial Seal
Judith Ann Fritsch, Notary Public
Philadelphia, Philadelphia County
My Commission Expires Mar. 27, 2004
Member, Pennsylvania Association ot Notaries
9
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Inst. # 200127902 - Page 9 of
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA -
CUMBERLAND COUNTY
SUNOCO Pipeline L.P.
Petitioner
v.
Rolfe W. BLUME and Doris J. BLUME,
Respondents
Civil Action- Miscellaneous
Docket No. 14 -630
Motion to Strike Verified Petition
1. It is settled law that suit may be commenced only by writ of summons, properly served,
or by complaint with a Notice to Defend attached. Pennsylvania Civil Practice (Matthew
Bender), §4.01.
2. Further, "courts of equity have power to prevent or restrain the commission or
continuance of acts contrary to law and prejudicial to the interests of the community or
the rights of individuals. See Act of June 16, 1836, P.L. 784, § 13, and Act of February
14, 1857, P.L. 39, § 1, 17 P.S. §§ 282 and 283 respectively." Rankin v. Chester -Upland
School District, 11 Pa. Comm'w 232, 238, 312 A.2d 605, 607 -8 (1973).
3. The Eminent Domain Code does not provide a remedy or procedure for enforcing the
"right" to enter prior to condemnation.
4. Therefore Sun Pipeline L.P. must proceed to file a civil action complaint in equity for an
injunction should it desire to ensure its statutory right. A stand -alone "Petition" should
not be permitted to circumvent the established law of procedure necessary to provide
relief.
5. Further, Sunoco Pipeline seeks "immediate entry ", corresponding to a preliminary
injunction- and such preliminary injunctive relief is governed by Pa. R.C.P. 1531, which
provides safeguards for the defendant(s) in such cases.
6. While Sun Pipeline states in its "Verified Petition" that two judges in other counties have
granted "nearly identical requests ", there is no citation to the decisions, nor copies of the
orders granted nor any other clue to permit determination of the truth of the assertion.
7. Sun Pipeline L.P. cites no authority for this Honorable Court to exercise jurisdiction over
its anomalous "Verified Petition ".
WHEREFORE, Rolfe Blume, respectfully prays this Honorable Court to DISMISS the Verified
Petition and direct Petitioner to file an appropriate Complaint seeking injunctive relief, and/or
grant such other relief as this Court deems just.
Re ectfully submitted,
David R. Yoder,
Attorney for Rolfe BI
Pa. Att'y ID 76281
Law Offices of David R. Yoder
P.O. Box 215
Carlisle, Pa. 17013
Tel. 717 -571 -2088
AND
Scott M. Amori,
Pa. Attorney ID 77038
Amori & Associates
717 Sarah St.,
Stroudsburg, Pa. 18360
Tel. 570- 421 -1406
VERIFICATION
I, Rolfe Blume, verify that the statements made in the foregoing document are true and correct to
the best of my knowledge, information and/or 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.
3- 1; zo /y
Date Rolfe Blume