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HomeMy WebLinkAbout14-7100 Supreme Cou'itt-&-Pennsylvania Courl OCC&miSo leas For Prothonotary Use Only: ' CJVJVCbverjS eet Docket No: I 1. CUMBERLAND County 7 06 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: rl Complaint El Writ of Summons 0 Petition S r.1 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: UGI UTILITIES, INC. V&C UNITED LLC Dollar Amount Requested: [within arbitration limits I Are money damages requested? ED Yes [E No (check one) rXioutside arbitration limits 01 1 N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Frl Yes 1 No A Name of Plaintiff/Appellant's Attorney: KEVIN T. FOGERTY, ESQ. 0 Check here if you have no attorney(are a Self-Represented JPro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution rl Debt Collection:Credit Card rl Board of Assessment [] Motor Vehicle E] Debt Collection: Other E] Board of Elections rl Nuisance 0 Dept.of Transportation C] Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include 0 Employment Dispute: 1E mass tort) Discrimination El Slander/Libel/Defamation El Employment Dispute:Other ril Zoning Board C In Other: Other: T I FD1 Other: o MASS TORT 0 Asbestos N rl Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste E] Ejectment 0 Common Law/Statutory Arbitration B [3Other: Eminent Domain/CondemnationDeclaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute R Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure:Commercial 0 Quo Warranto E3 Dental 0 Partition Q Replevin El Legal E] Quiet Title 0 Other: Medical F-1 Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 !T SQUARE FEET +/-) OF V&C UNITED, LLC, BY v) Q; UGI UTILITIES INC. FOR PUBLIC PURPOSES <== `' <C CD :-a ':7 DECLARATION OF TAKING , } UGI UTILITIES; INC. does hereby respectfully declare: 1. The Condemnor is UGI UTILITIES, INC., a public utility corporation organized pursuant to the laws of the Commonwealth of Pennsylvania, maintaining a place of business at 2525 North 12th Street, Suite 360, Reading, PA 19605. 2. The interest in and to the property described on Exhibit "A" attached hereto and made a part hereof, is hereby condemned in fee simple absolute title by the condemnor for public purposes pursuant to the General Association Act of 1988, Dec. 21, P.L. 1444, No. 177, Section 103, 15 Pa. C.S.A. Section 1511, as authorized by a Resolution of the duly authorized Executive/Nominating Committee of the Board of Directors of UGI UTILITIES, INC. A copy of the Resolution may be examined at the offices of the Condemnor at 40 Broadway Drive, Carlisle, PA 17015. The property condemned is part of the property described in Instrument No. 201027781, at the Cumberland County Recorder of-Deeds Office, Carlisle, PA. 3. The purpose of the condemnation is to acquire land for installation of above- round facilities, piping for a regulator station, for a natural gas pipeline. This equipment g Y lls` ,5 ?G(_19+4,f and use is essential to the,transportation, distribution and furnishing of natural gas for public use. 4. A description of the property condemned sufficient for its identification is set forth on Exhibit "A" attached hereto and made a part hereof, which includes a 608.7 square foot permanent fee taking. The plan showing the property condemned is to be filed on the same day as this Declaration is being filed with the Prothonotary for Cumberland County, Carlisle, PA, and is also being lodged of record in the Office of the Recorder of Deeds for Cumberland County, Carlisle, PA, in accordance with Section 304 of the Eminent Domain Code. . 5. The nature of the title acquired in and to said property is a fee simple absolute title. I� i 6. A plan showing the condemned property may be inspected at 40 Broadway Drive, Carlisle, PA 17015. 7. Attached as Exhibit "B" to this Declaration of Taking is the Condemnor's open-ended Bond, without surety, pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. Section 303(a). Just compensation for the condemnation of said premises is secured by the unlimited Bond of the Condemnor hereby deemed pledged and made security for the payment of any damages as shall be determined bylaw. LQW IXH�tt 26- Gcev%�► ? �(�rl t r f nnc Pr l)4z z WINW, T11 Qq ib A)©- 3�i,&R 2 i EXHIBIT " All . N 3 ® M S 310 North'Hanover Street N/F V&C United LLC TAX PARCEL 05-20-1800-001 Deedbook 201027781 Doc# 34W-204 0 c c c� c co 23. 7' 20' Property Property of 310 North > ,�p1 Hanover Street 23.93' 37' ® Proposed easement and location of.UGI facilities het 69.5' �a�o �r �o West Penn Street o so' loo EXHIBIT A: 310 North Hanover Street, Carlisle Borough, Cumberland County No. Revision Date A Plan created Nov. 7, 2014 Ir-25 B C NEnergy to do more D EXHIBIT " B " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY NO. UGI UTILITIES INC. FOR PUBLIC PURPOSES BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania corporation, having its principal offices located at 2525 North 12th Street, Suite 360, Reading, PA 19605 (hereinafter "Principal" or "Condemnor") is held and firmly bound unto V&C United, LLC , of 7 Hedge Row Lane, Carlisle, PA 17013 (hereinafter "Owner/Obligee"), in such sum or sums as the said Owner/Obligee shall be entitled to receive as damages by reason of the appropriation of the fee simple interest real property rights, for the purposes of installation of an above-ground pole and related metering facilities when said damages shall have been agreed upon by the parties or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Owner/Obligee, or their attorneys, successors and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, said Principal does hereby bind itself, its successors and assigns, firmly by these presents. Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice President, attested by its Secretary. WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon a portion of land in which the Owner/Obligee has ownership interests and/or rights, to construct its facilities, including such related equipment and structures as may be required in connection therewith, said certain land of the Owner/Obligee being situated in the Borough of Carlisle, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the Premises"), and with the property interest being herein taken and condemned being as depicted on the plan documents attached as an exhibit to the Declaration of Taking filed in this matter. NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound UGI Utilities, Inc., its successors or assigns, do and shall well and truly pay, or cause to be paid unto the said Owner/Obligee, their attorneys, successors or assigns, the damages they may sustain by reason of the appropriation of the property interest described in the Declaration of Taking filed in this matter, when damages shall be agreed upon by the parties, or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be due, for which said Principal is liable, then this obligation is to be void; otherwise, to be and remain in full force and effect. ATTEST: --' UGI UT TI S, IN __----------- ;i ____ _ -------- -------------_ y' — Assi to-rpt Secretary — — Vice President 4'_ (CoFperate Seal)- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY NO. /y— 700 r=M 1-TI ._ UGI UTILITIES INC. FOR PUBLIC PURPOSESCD CERTIFICATION OF PARTIES' ADDRESSESc -- �'c+• _ Cn I hereby certify that Condemnor, UGI Utilities, Inc.'s address is as follows: UGI Utilities, Inc. 2525 North 12th Street, Suite 360 Reading, PA 196.05 I hereby certify that the Condemnee's address is as follows: V&C United, LLC 7 Hedge Row Lane Carlisle, PA 17013 LAW OFFICES KEVIN T. FOGERTY Date: December 9, 2014 By _________________ Kevin T. o er y, Esquire Attorneys f r Condemnor, UGI Utilities, Inc. Mill Run Office Center 1275 Glenlivet Drive, Suite 150 Allentown, PA 18106 610-366-0950 Attorney I.D. No. 36667 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C7- IN RE: CONDEMNATION OF LANDS (608.7 �� i 'i � SQUARE FEET +/-) OF V&C UNITED, LLC, BY NO. 1'Y- 7/00 5-_;E? ' co UGI UTILITIES INC. FOR PUBLIC PURPOSES NOTICE TO CONDEMNEE OF FILING DECLARATION OF TAKING TO: V&C United, LLC 7 Hedge Row Lane Carlisle, PA 17013 You are hereby notified that a Declaration of Taking has heretofore been filed in the Office of the Prothonotary of the Court of Common Pleas for Cumberland County, PA, at Docket No. _________ , whereupon a fee simple absolute title in premises containing approximately 608.7 square feet of land, situate on land currently titled in the name of V&C United, LLC, located at 310 N. Hanover Street, Carlisle, PA, was condemned by UGI Utilities, Inc., 2525 North 12th Street, Suite 360, Reading, Berks County, PA. A depiction of the property condemned is attached hereto as Exhibit "A" and incorporated herein by reference. The Declaration of Taking was filed on December 9, 2014, in the Office of the Prothonotary of the Court of Common Pleas for Cumberland County, Cumberland County Courthouse, Carlisle, PA, at Docket No. The name of the Condemnee in this proceeding is V&C United, LLC. .j The authority for the condemnation by UGI Utilities, Inc. is the General Association Act of 1988, Dec. 21, P.L. 1444, No. 177, Section 103, 15 Pa..C.S.A. Section 1511. The action of condemnation by UGI Utilities, Inc., was authorized on December 1, 2014 by unanimous consent of the company's duly authorized Executive Committee of the Board of Directors duly held according to law. The resolution and any other action of the said duly authorized Committee of the Board of Directors of UGI Utilities, Inc., relative to this condemnation may be examined at the offices of said corporation located at 40 Broadway Drive, Carlisle, PA 17015. The purpose of the condemnation is to provide land for the installation of above-ground facilities, piping for a regulator station, for a natural gas pipeline. This equipment and use is essential to the transportation, distribution and furnishing of natural gas for public use. As indicated above, your property has been condemned, and attached to this Notice is a true and correct copy of the Declaration of Taking and a Notice of the Filing of the Declaration of Taking, attached respectively as Exhibits "B" and "C". A plot plan showing the area taken is attached to the Declaration of Taking. The nature of the title acquired is fee simple absolute title. A. plan showing the condemned property may be inspected at 40 Broadway Drive, Carlisle, PA 17015. -3- I � ) Just compensation for the condemnation of the said premises is secured by the unlimited Bond of the Condemnor which is hereby deemed pledged and made security for the payment of the damages as shall be determined by law. A copy of that Bond is attached hereto as Exhibit "D." You are further notified that if you desire to present any objection or defense to the power or right of UGI Utilities, Inc. to condemn your property, the sufficiency of the security, the procedure followed by UGI Utilities, Inc. or the Declaration of Taking, you are required to file preliminary objections within thirty (30) days after service of this Notice. All defenses and objections not so presented are waived. Dated: December 9, 2014 LAW OFFICES OF KEVIN T. FOGERTY By:---- ------- ------------ Kevin T. Fogert , Esquire Attorney for UG ilities, Inc. Mill Run Office Center 1275 Glenlivet Drive, Suite 150 Allentown, PA 18106 Phone 610-366-0950 Fax 610-366-0955 E-Mail kfogerty@fogertylaw.com PA Supreme Court I. D. No. 36667 EXHIBIT " All N 3 ® M S 310 North Hanover Street N/F V&C United LLC TAX PARCEL 05-20-1800-001 Deedbook 201027781 Doc# 34W-204 T L31 .t O C 7 O- 7 C (D 23. 7' 20' Property Property of 310 North T ❑ Hanover Street 23.93' ! ,�p1 37 ® Proposed easement and location of UGI facilities 69.5' �o west Penn Street o so' 100, EXHIBIT A: 310 North Hanover Street, Carlisle Borough, Cumberland County _ No. Revision Date A Plan created Nov. 7, 2014 B — C Energy to do more D EXHIBIT " B " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY : N0. UGI UTILITIES INC. FOR PUBLIC PURPOSES DECLARATION OF TAKING UGI UTILITIES, INC. does hereby respectfully declare: 1. The Condemnor is UGI UTILITIES, INC., a public utility corporation organized pursuant to the laws of the Commonwealth of Pennsylvania, maintaining a place of business at 2525 North 12th Street, Suite 360, Reading, PA 19605. 2. The interest in and to the property described on Exhibit "A" attached hereto and made a part hereof, is hereby condemned in fee simple absolute title by the condemnor for public purposes pursuant to the General Association Act of 1988, Dec. 21, P.L. 1444, No. 177, Section 103, 15 Pa. C.S.A. Section 1511, as authorized by a Resolution of the duly authorized Executive/Nominating Committee of the Board of Directors of UGI UTILITIES, INC. A copy of the Resolution may be examined at the offices of the Condemnor at 40 Broadway Drive, Carlisle, PA 17015. The property condemned is part of the property described in Instrument No. 201027781, at the Cumberland County Recorder of Deeds Office, Carlisle, PA. 3. The purpose of the condemnation is to acquire land for installation of above- ground facilities, piping for a regulator station, for a natural gas pipeline. This equipment and use is essential to the transportation, distribution and furnishing of natural gas for public use. 4. A description of the property condemned sufficient for its identification is set forth on Exhibit "A" attached hereto and made a part hereof, which includes a 608.7 square foot permanent fee taking. The plan showing the property condemned is to be filed on the same day as this Declaration is being filed with the Prothonotary for Cumberland County, Carlisle, PA, and is also being lodged of record in the Office of the Recorder of Deeds for Cumberland County, Carlisle, PA, in accordance with Section 304 of the Eminent Domain Code. 5. The nature of the title acquired in and to said property is a fee simple absolute title. 6. A plan showing the condemned property may be inspected at 40 Broadway Drive, Carlisle, PA 17015. 7. Attached as Exhibit "B" to this Declaration of Taking is the Condemnor's open-ended Bond, without surety, pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. Section 303(a). Just compensation for the condemnation of said premises is secured by the unlimited Bond of the Condemnor hereby deemed pledged and made security for the payment of any damages as shall be determined by law. 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF Robert Krieger, being duly sworn according to law, deposes and says that he is a Vice President - Operations of UGI Utilities, Inc., and makes this affidavit on behalf of that corporation, being familiar with the facts and having authority to do so and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his knowledge, information and belief. Sworn to and s bscribed before me thi _ y of 9--t-e$e r ._, 2 ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanie M.Smock,Notary Public ClIq of Bethlehem,Northampton County My Commisslon Expires April 4,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARnE� 3 EXHIBIT "A" N • � S 310 North Hanover Street tiN%F_,V&C Wited�LLC TAX PARCEL 05-20=1800-001 Deedbook;201027781 Doc'#•34W"-7-2 -n ' --c O C O t]- D (D 7 C (D 23. 7 j. . 20. Property of 310 North T— Hanover Street 23.93' ® Proposed easement and e�`5 location of UGI facilities 69.5' West Pe �n Street o so' 100' EXHIBIT A: 310 North Hanover Street, Carlisle Borough, Cumberland County No. Revision Date A Plan created Nov. 7, 2014 8 C Energy to do more 0 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, .BY N0. UGI UTILITIES INC. FOR PUBLIC PURPOSES BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania corporation, having its principal offices located at 2525 North 12th Street, Suite 360, Reading, PA 19605 (hereinafter "Principal" or "Condemnor") is held and firmly bound unto V&C United, LLC , of 7 Hedge Row Lane, Carlisle, PA 17013 (hereinafter "Owner/Obligee"), in such sum or sums as the said Owner/Obligee shall be entitled to receive as damages by reason of the appropriation of the fee simple interest real property rights, for the purposes of installation of an above-ground pole and related metering facilities when said damages shall have been agreed upon by the parties or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Owner/Obligee, or their attorneys, successors and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, said Principal does hereby bind itself, its successors and assigns, firmly by these presents. Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice President, attested by its Secretary. WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon a portion of land in which the Owner/Obligee has ownership interests and/or rights, to construct its facilities, including such related equipment and structures as may be required in connection therewith, said certain land of the Owner/Obligee being situated in the Borough of Carlisle, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the Premises"), and with the property interest being herein taken and condemned being as depicted on the plan documents attached as an exhibit to the Declaration of Taking filed in this matter. NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound UGI Utilities, Inc., its successors or assigns, do and shall well and truly pay, or cause to be paid unto the said Owner/Obligee, their attorneys, successors or assigns, the damages they may sustain by reason of the appropriation of the property interest described in the Declaration of Taking filed in this matter, when damages shall be agreed upon by the parties, or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be due, for which said Principal is liable, then this obligation is to be void; otherwise, to be and remain in full force and effect. ATTEST: UGI UTI TI S,,IN ---=` _ 7 — — — --------------- By' — -------- ------------- Ass- tacit Secretary Vice President 11 1 (Corperate Seal) 2 E IBIT " C " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY N0. UGI UTILITIES INC. FOR PUBLIC PURPOSES NOTICE OF FILING DECLARATION OF TAKING A Declaration of Taking was filed on the 9th day of December, 2014, as of the above Court Term and Number, wherein a fee simple absolute interest was condemned in property identified more fully on the plan attached hereto as Exhibit "A." A copy of the Declaration of Taking is attached hereto as Exhibit "B." The Condemnor is UGI Utilities, Inc., a public utility corporation, maintaining a place of business at 2525 North 12th Street, Suite 360, Reading, Berks County, PA. The Condemnee/Owner of the above-described property is V&C United, LLC, 7 Hedge Row Lane, Carlisle, PA 17013. A copy of the Bond filed for security is attached hereto as Exhibit "C." LAW OFFICES 0 EVIN T. -GERTY By: -- --- ----------------- Kevin T. Foger y, squire Attorney for I tilities, Inc. Mill Run Office Center 1275 Glenlivet Drive, Suite 150 Allentown, PA 18106 Phone 610-366-0950 Fax 610-366-0955 E-Mail kfogerty@fogertylaw.com PA Supreme Court I. D. No. 36667 EXHIBIT "A" r N 3 ® rrl _ S M.Nofth Hanover Street N%F V&C lJnJfdd.LLC TAX PARCEL 05-20-4800,001 Deedbook 201027781: Doc# 34W=204' 0 c n.. c cD 23. T, :%20' Property of 310 North 93'23 Hanover Street . p1 ❑ 37' ® Proposed easement and location of UGI facilities 69.5, �0�2 West Penn Street 0 50, I001 EXHIBIT A: 310 North Hanover Street, Carlisle Borough, Cumberland County _ No. Revision Date A Plan created Nov. 7, 2014 B — C Energy to do more D EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,IN RE: CONDEMNATION OF LANDS (608.7 . SQUARE FEET +/-) OF V&C UNITED, LLC, BY NO. UGI UTILITIES INC. FOR PUBLIC PURPOSES DECLARATION OF TAKING UGI UTILITIES, INC. does hereby respectfully declare: 1. The Condemnor is UGI UTILITIES, INC., a public utility corporation organized pursuant to the laws of the Commonwealth of Pennsylvania, maintaining a place of business at 2525 North 12th Street, Suite 360, Reading, PA 19605. 2. The interest in and to,the property described on Exhibit "A" attached hereto and made a part hereof, is hereby condemned in fee simple absolute title by the condemnor for public purposes pursuant to the General Association Act of 1988, Dec. 21, P.L. 1444, No. 177, Section 103, 15 Pa. C.S.A. Section 1511, as authorized by a Resolution of the duly authorized Executive/Nominating Committee of the Board of Directors of UGI UTILITIES, INC. A copy of the Resolution may be examined at the offices of the Condemnor at 40 Broadway Drive, Carlisle, PA 17015. The property condemned is part of the property described in Instrument No. 201027781, at the Cumberland County Recorder of Deeds Office, Carlisle, PA. 3. The purpose of the condemnation is to acquire land for installation of above- ground facilities, piping for a regulator station, for a natural gas pipeline. This equipment and use is essential to the transportation, distribution and furnishing of naturala g s for public use. 4. A description of the property condemned sufficient for its identification is set forth on Exhibit "A" attached hereto and made a part hereof, which includes a 608.7 square foot permanent fee taking. The plan showing the property condemned is to be filed on the same day as this Declaration is being filed with the Prothonotary for Cumberland County, Carlisle, PA, and is also being lodged of record in the Office of the Recorder of Deeds for Cumberland County, Carlisle, PA, in accordance with Section 304 of the Eminent Domain Code. 5. The nature of the title acquired in and to said property is a fee simple absolute title. 6. A plan showing the condemned property may be inspected at 40 Broadway Drive, Carlisle, PA 17015. 7. Attached as Exhibit "B" to this Declaration of Taking is the Condemnor's open-ended Bond, without surety, pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. Section 303(a). Just compensation for the condemnation of said premises is secured by the unlimited Bond of the Condemnor hereby deemed pledged and made security for the payment of any damages as shall be determined by law. 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF Robert Krieger, being duly sworn according to law, deposes and says that he is a Vice President - Operations of UGI Utilities, Inc., and makes this affidavit on behalf of that corporation, being familiar.with the facts and having authority to do so and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his knowledge, information and belief. jbefore o and s bscribed me thi — y ber , 2Public COMMONWEALTH aF PENNSYLVANIA Notarial seal )ESnie M.Smock,Notary Public Qi}j or Bethlehem,Northampton County My commission Expires April 4,2016 MEMBEP PENNSYLVANIA ASSOCIATION OF NOTARMC 3 EXHIBIT "A" N 3 ® � S 310,North Hanover Street 1N% V&C'United LLC TAX PARCEL 05,20 1800 001 Deedbook 201027781 `Doc -n 0 c a c M 23 7 .'7"20 h.. F1Property of 310 North Hanover Street 23.93 0.1 37' ® Proposed easement and location of UGI facilities �tZe 69.5' � west pens Street I 0 50' 100' EXHIBIT A: 310 North Hanover Street, Carlisle Borough, Cumberland County No. Revision, Date _ A Plan created Nov.—7, 2014 B — Energy to do more CD i EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY N0. UGI UTILITIES INC. FOR PUBLIC PURPOSES BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania corporation, having its principal offices located at 2525 North 12th Street, Suite 360, Reading, PA 19605 (hereinafter "Principal" or "Condemnor") is held and firmly bound unto V&C United, LLC , of 7 Hedge Row Lane, Carlisle, PA 17013 (hereinafter "Owner/Obligee"), in such sum or sums as the said Owner/Obligee shall be entitled to receive as damages by reason of the appropriation of the fee simple interest real property rights, for the purposes of installation of an above-ground pole and related metering facilities when said damages shall have been agreed upon by the parties or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Owner/Obligee, or their attorneys, successors and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, said Principal does hereby bind itself, its successors and assigns, firmly by these presents. Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice President, attested by its Secretary. WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon a portion of land in which the Owner/Obligee has ownership interests and/or rights, to construct its facilities, including such related equipment and structures as may be required in connection therewith, said certain land of the Owner/Obligee being situated in the Borough of Carlisle, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the Premises"), and with the property interest being herein taken and condemned being as depicted on the plan documents attached as an exhibit to the Declaration of Taking filed in this matter. NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound UGI Utilities, Inc., its successors or assigns, do and shall well and truly pay, or cause to be paid unto the said Owner/Obligee, their attorneys, successors or assigns, the damages they may sustain by reason of the appropriation of the property interest described in the Declaration of Taking filed in this matter, when damages shall be agreed upon by the parties, or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be due, for which said Principal is liable, then this obligation is to be void; otherwise, to be and remain in full force and effect. ATTEST: — UGI UTI TI S,jN By: — -------- --------------- Asci tant Secretary Vice President (Cor.perate Seal) 2 EXHIBIT D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, .BY : NO. UGI UTILITIES INC. FOR PUBLIC PURPOSES BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania corporation, having its principal offices located at 2525 North 12th Street, Suite 360, Reading, PA 19605 (hereinafter "Principal" or "Condemnor") is held and firmly bound unto V&C United, LLC , of 7 Hedge Row Lane, Carlisle, PA 17013 (hereinafter "Owner/Obligee"), in such sum or sums as the said Owner/Ob.ligee shall be entitled to receive as damages by reason of the appropriation of the fee simple interest real property rights, for the purposes of installation of an above-ground pole and related metering facilities when said damages shall have been agreed upon by the parties or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Owner/Obligee, or their attorneys, successors and assigns, to whom payment well and truly to be made by UGI UTILITIES, INC., Principal, said Principal does hereby bind itself, its successors and assigns, firmly by these presents. Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice President, attested by its Secretary. WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon a portion of land in which the Owner/Obligee has ownership interests and/or rights, to construct its facilities, including such related equipment and structures as may be required in connection therewith, said certain land of the Owner/Obligee being situated in the Borough of Carlisle, Cumberland County, PA (with said parcel of land hereinafter being referred to as "the Premises"), and with the property interest being herein taken and condemned being as depicted on the plan documents attached as an exhibit to the Declaration of Taking filed in this matter. NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound UGI Utilities, Inc., its successors or assigns, do and shall well and truly pay, or cause to be paid unto the said Owner/Obligee, their attorneys, successors or assigns, the damages they may sustain by reason of the appropriation of the property interest described in the Declaration of Taking filed in this matter, when damages shall be agreed upon by the parties, or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be due, for which said Principal is liable, then this obligation is to be void; otherwise, to be and remain in full force and effect. ATTEST: UGI UTI TI S,jN --- — ---------- y' ------- --------------- Assi tant Secretary Vice President via 1'c cam. i_i_ Yyi i 1 nn-� (Corperate Seal) 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +/-) OF V&C UNITED, LLC, BY NO• �y '7wu UGI UTILITIES INC. FOR PUBLIC PURPOSES MEMORANDUM OF FILING OF THE NOTICE OF FILING OF DECLARATION OF TAKING TO THE CUMBERLAND COUNTY PROTHONOTARY: Notice of filing of the Declaration of Taking in this case was filed on December 9, 2014, in the Office of the Recorder of Deeds for Cumberland County, Cumberland Count ount Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, at Document No. d Deed Book Volume , Page LAW OFFICES OF KEVIN T. FOGERTY By: ------ — ---------------- Kevin T. Foger , squire Attorneys fo UG Utilities, Inc. 1275 Glenlivet Drive, Suite 150 Allentown, PA 18106 (610) 366-0950 Fax: 610-366-0955 Attorney I.D. No. 36667 CD c.._, f-T �� ra f • G. ° a - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS (608.7 SQUARE FEET +1-) OF V&C UNITED, LLC, BY : UGI UTILITIES, INC. FOR PUBLIC PURPOSES : NO. 14-7100 AFFIDAVIT OF SERVICE The undersigned, Matthew Troxell, Esquire, being an adult individual, does hereby swear and affirm that on Tuesday, December 9, 2014, at approximately 2:56 p.m., I did serve a true and correct copies of (i) Notice of Intent to present Condemnation Petition and Bond, and (ii) Petition for Approval and Order for Filing Condemnation Bond filed in this case on V&C United, LLC by personal hand delivery to Jay Chen, owner, at 310 N. Hanover Street, Carlisle, PA 17013. Sworn to and subscribed before me this(?`day of December, 2014. Matthew Troxell NQTARIA$. SEAL KAREN-.CLYMER Notary :Public - UPPER MACUNGIE TWP., LEHIGH CCUNTY My Comm'is`sion Expires Sep t, 2016