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HomeMy WebLinkAbout05-3133 IN RE CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDlCATED PUBLIC ALLEY IN . NO. OJ- 3/33 THE VILLAGE OF BOWMANSDALE. CIVIL ACTION-LAW . EMINENT DOMAIN PROCEEDINGS - IN REM . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ DECLARA nON OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: The Township of Upper Allen, Cumberland County, Pennsylvania, does hereby respectfully declare that: I. The Condemnor is the Township of Upper Allen, a municipality organized and existing under the First Class Township Code, Act of June 24, 1931, PL. 1206, as amended and supplemented, 53 P.S. 955101 et seq. (hereinafter the "Code"), with offices located at 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055. 2. This condemnation is authorized by the provisions of the Code, Article XXIV, Sections 240 I and 2402,53 PS SS 57401 and 57402, and Article XIX, Section 1901,53 P.S S56901 3. This condemnation has been authorized by virtue of an ordinance of Upper Allen Township, Ordinance No. 594, duly enacted at the regular public meeting of the Board of Commissioners held on 19 May 2005. A copy of said Ordinance is attached hereto and made a part hereof and marked as Exhibit "A" The record of the proceedings incident to the enactment of said Ordinance may be examined at the municipal offices of Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania 4. The purpose for which this condemnation and appropriation is made is to acquire a perpetual sewer right-of-way or perpetual easement for public sewer purposes for the construction, future construction, maintenance and replacement of public sewer lines. 5. The land hereby condemned is located in the Township of Upper Allen, Cumberland County, Pennsylvania, and is described in Exhibit "B", which is attached hereto and made a part hereof A plot plan showing the land to be condemned, together with adjoining property and the owners thereof, is labeled as Exhibit "C," and attached hereto and made a part hereof The land to be condenmed is located in an undedicated, open public alley, known as Cherry Alley, in the Village of Bowmansdale. Adjoining property owners share a reversionary interest in the said public alley to its centerline should it be abandoned at some future time A plan showing the property condemned is on the same day as the filing of this Declaration of Taking to be lodged for record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in accordance with the provisions of Section 404 of the Eminent Domain Code, as amended, 26 PS. S 1-404. 6. The nature of the title acquired is a perpetual right-of-way or easement in, over, under and across the tract of land hereinbefore described for the construction, future construction, maintenance and replacement of public sewer lines. Said easement shall include the right, power and privilege to have officers, agents, employees or contractors go in, under, over, across or upon said tract ofland to do and perform, with or without equipment, any and all acts thereon, therein, thereunder or thereupon which are necessary to carry into effect the purposes recited above. 2 7. A plan showing the condemned property may be examined at the Upper Allen Township offices, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania, Of in the Office of the Recorder of Deeds of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania. 8. Just compensation for the condemnation of said property is secured by the power of taxation ofUppef Allen Township, whereupon the funds raised, or lawful to be raised, are deemed pledged and made security for the payment of damages as may be determined by law. MILLER & ASSOCIATES, PC ~ ---=- ~ William E. Miller, Jr., To ship Solicitor Alicia S. Miller, Ass' t Township Solicitor Attorney ill 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys fOf Condemnof, Uppef Allen Township 3 ORDINANCE NO. J91- AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY. l'ENNSYL VANIA, AUTHORIZING CONDEMNATION OF A RIGHT-OF- WAY FOR PUBUC SEWER PURPOSES ON, ACROSS AND TIIROUGH CERTAIN LANDS SITUATE IN THE TOWNSHIP OF UPPER AllEN, CUMBERLAND COUNTY, PENNSYLVANIA, LOCATED IN AN UNDEDICATED AND UNOPENED PORTION OF CHERRY ALLEY IN THE VIllAGE OF BOWMANSDALE WHEREAS, Upper Allen Township is undertaltinga municipal improvement project in which the residents of the Village of~owmansdale will be provided with use of the Township's public sewer facilities; <Uld WHEREAS, public sewer lines shall be constructed in the Village ofBowmansdale for access to the public sewer facilities; and WHEREAS, wherever possible, public scwcr lines will be placed in or along the lines of public streets or highways; and WHEREAS, Cherry Alley is a public alleyway in the Village of Bowmansdale; and WHEREAS, a portion of Cherry Alley is a public, unopened alleyway; and WHEREAS, if the unopened portion of Cheny Alley wcrc to be abandoned, the adjoining property owners would have an interest in the abandoned real estate; and WHEREAS, it is in the best interest of the residents of Upper Allen Township fOT the Township to install or have the right to install in the future public sewer lines in the unopened portion of Cherry Alley. NOW THEREFORE, BE IT ENACI'ED AND ORDAINED by the Commissioners of Upper Allen Township, Cumberland County, PelUlSylvania,and it is hereby enacted and ordained by the authority of same as follows: Exhibit A SECTION X: Pursuant to the provisions of the First Ciltls Township Code, the Act ofJune 24, 1931, P.L. 1206, as amended and supplemented, Article XXIV, Section 2402, 53 P.S. S57402, the Board of Commissioners or Upper Allen Township, Cumberland County, Pennsylvania, hereby serves notice of, and anthorizes and directS the acquisition of land for, and the constmction of or the future construction of, public sewer lines to be utilized in the provision of public sewer facilities for the residents of the Village of Bowrnansdale in Upper Allcn Townshipon \;mds in a portion of ChclTY' Alley that is undedicated, but is open in part and unopened in part SECTION n: The p\\blic sewer lines shall be constructed in accordance with the design and plans as more particularly set forth in the drawing entitled" Sewer Right-of-Way to be Acquired Within OielTY' Alley by Upper Allen Township," of Upper Allen Township, Cumberland Coun~, Pennsylvania, as prepared by Gannett Fleming, Inc. and dated April 2005, a copy of said drawing being attached to the original of this Ordinance and marked Exhibit "A" SECI'lON ill: The Township Solicitor is directed and authorized to file all necessary legal documents in order fOT the Township to obtain such right-of-way fOTpublic sewer purposes across a porlion orland in the undedicated and open in part. and unopened in part portions of ChelTY' Alley, said legal description being attached to the original of this Ordinance and marked as Exhibit "B." SECTION IV: }\11 ordinances or part, of ordinances inconsistent herewith are hereby repealed. ENACTED AND ORDAINED, this..J:L day of M<t ., / .200.5. ATTFST; TOWNSHIP OF UPPER ALLEN ~~~ (As~~ SecrellU1' By ~t ( L (Vice) President ,<L."''''"''''"'.,,__>__.....'"''''_~._ ",,,,,, ,,,,,.,,,,,. ,,-- c '" I <D ~ c:: ~C II) gj~~ ~~ O~ ~~::u O~ Ome::!. c>,.., ::1:1'1..... - -<).00 0> f"'1 -U-<r-- 01=(/I::O~~ >.,.,r- C,..,-:::<::OOC) M~~:Z:Z~-<S;~ ~-( ;!-\;:;:{6ili I 00 0 00 ~--~ ~~ ~l' ~Ri* zBi ~;E ,. :r.: Z:r;: ;z:>: g ~ ~'ij -< , ~ o z 'f :> ~ m cr>-<"u(/I _0<:" :;~Z~ "" (/I" O~:I:-" .lB~EI' . ..V' ~~....O. . ~ ';~ 1';g R1jl o ~ ~ ~ '! tr:I ;>: g g: ~ ~ -..)Oz---<~ CZ:>J: :OOnVi---< , " Ot/iC-.. ~d~~ ~~G\~ r ~ :<C~!; v> " ~-- OI~ ~ ~ - OOI ~~~ (/18:)> ~ " ~~~ ~?i\5 z~~ _o~ ~ 00 ~ CHESTNUT STREET N ~5o.-QQ-;-- WIL.LJAM T. PFARR AND STEPHANIE D. HUDSON. HUS8ot.ND AND WIFE. OEED BOOK 200 PAGE 909 -----.lAX _MAP_ NO. 42-30-211 +-059 ---- 150.00' N/F GARY B. POWlES. DEED BOOK JJ,5 PAGE 826 TA.X. w.P NO. 42-30-2114-060 -~ ~50-:O0'- -- N/F JOHN E. AND LOUISE H. ROTH, HUSBAND AND WIFE:. DEED BOOK 11 3 PAGE 201 TAX t.IAP NO. 42-30-2114-061 150.QO' ~o ~ ~8:r~ ~c ~ ~g~P . ~ ~ .woo:z: N~ , 2 I....,~c........ 0 i!:~ '" 'li~B: -< !:l"';:j~ ~ ~IA- b~ r " 0 ~~ 'I; ~ N " =jl '" "-. '" 150.00' ~ ~ 2 0 N 150.00' ~ 2 0 ~ -lsO:00~ M ..9S,OQ-ZQ S ,Q.SJ'O!..L ,~.O.!-l "!. 110 ~8~ a~;Jt . x~ ~~-= N ., ~ !!!""" o~" ~l;~ -",0 - 2 ~-' 6~ ~ ~ ~ ~- '-.' 05-26 SEWER RIGHT-OF-WAY TO BE ACQUIRED WITffiN CHERRY ALLEY BY UPPER ALLEN TOWNSffiP All that certain piece or parcel of land situate in Upper Allen Township, Cumberland County and the Commonwealth of Pennsylvania more particularly bounded as described as follows to wit: BEGINNING at the corner of the intersection of the easterly right-of-way line of Chestnut Street with the northerly right-of-way line of Cherry Alley; thence along the northern line of Cherry Alley S 880 30' 00" E, 305.18 feet to a point; thence S 20 00' 56" W, 20.00 feet to a point on the southern right-of-way of Cherry Alley; thence along said southern line N 880 30' 00" W, 305.00 feet to a point on aforesaid easterly line of Chestnut Street; thence along said easterly line N 010 30' 00" E, 20.00 feet to a point, the Place of Beginning. The above described lines being the perimeter of a permanent easement of total width of 20 feet. Also included are additional widths on both sides of the permanent easement as shown on the attached plat for the purposes of construction only. Total area of right-of-way on property 6101.80 sq. feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. Exhibit "B" 05-26 SEWER RIGHT.OF.W A Y TO BE ACQUIRED WITHIN CHERRY ALLEY BY UPPER ALLEN TOWNSHIP AlI that certain piece or parcel of land situate in Upper AlIen Township, Cumberland County and the Commonwealth of Pennsylvania more particularly bounded as described as follows to wit: BEGINNING at the comer of the intersection of the easterly right-of-way line of Chestnut Street with the northerly right-of-way line of Cherry Alley; thence along the northern line of Cherry Alley S 880 30' 00" E, 305.18 feet to a point; thence S 20 00' 56" W, 20.00 feet to a point on the southern right-of-way of Cherry Alley; thence along said southern line N 880 30' 00" W, 305.00 feet to a point on aforesaid easterly line of Chestnut Street; thence along said easterly line N 010 30' 00" E, 20.00 feet to a point, the Place of Beginning. The above described lines being the perimeter of a permanent easement of total width of 20 feet. Also included are additional widths on both sides of the permanent easement as shown on the attached plat for the purposes of construction only. Total area of right-of-way on property 6101.80 sq. feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. Exhibit B """'\"-"--~"""''''''''-~- .. , T' "'-:-l"VI ~~~a ~ W' i\;~- .s~EI' . .. ~ ~~... . ,~ ';~ /;'> ~~ o ~ !;J ;? ~ >-', C1' >-" rt n ~~~~~ :l;I-='nlll..... ~ n Ov;C'U ~.....~s;: Ulon..... ~~C1~ r ~ :<CgM ~ 0 ~-- O"~ ~ " - 00" ~~~ </18'> ~ 0 ';00 ,--..,~ ~~t, g8~ . 00 ~ CHESTNUT STREET N - - ~5O:-00;- - wU.LIAM T. PFARR AND STEPHANIE D. HUDSON, HUSBAND AND WIFE. DEED BOOK 2.00 pU,;E 909 ----.!.AX ~_ 1'10. 42-3O-2~ 4-~59 150_00' ---- 150.00' "IF JOHN Eo AND LOUISE H. R011-t. HUSBAND AND WIFE. DEED BOOK 11 J PAGE 2JJ7 TAX t.IAP NO. -42-30-2114-061 150.00' ~o ~ ~m",~ i58m1" ;! . !it~~ ~ it~ClO~ 15 '~~f;;'" . ~"lJeZ ll;:iz ::~ilI~ ~~ ,- r gli )0- ~ 1- 150.00' 150.00' '" C " ~ '" ~ C 1""1 ~ ,,-:tIC U) ~~~ ~~ o~ ~~::u 0::0 Q~~ . l!: "',. '" -u::::l- orUl;o~::o :<-"'f'T1lDc:F;;:::;~oi5 ~Z-<~Z~ ~~ z...,{ . -l""~~ I 00 0 -='0 :;'_~ 'tl~ ~"'" :l;IzZ ~Z ~I Fn~:z~ 31:1 ~ :u ~~ :-.( ~ ~ ~ '>' --- 150.00' o ~ , N m i:l ~ .~.O!.\ ~ r\," :-0' ~ '- . " /; ~ "I' ROBERT 1-1. BRuct<HER, DEED BOOK NJO PAGE J45 TAX Wi> NO. "'"2_30_2114-035 <? '" ~ ~ N ~ ?i .. s ,Q9'O.!:., "! ~ ~~~ ?i~~ ...M....% ~iji~~ ~ - 0.,,1: ~~~ - z ~-' b~ ~ m ~ ~~ COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND I, WILLIAM E. MILLER, JR., being duly sworn according to law, depose and say that I am Solicitor of Upper Allen Township, that I make this Affidavit on its behalf, being authorized so to do; and that the facts set forth in the foregoing Declaration of Taking are true and correct to the best of my knowledge, or to the best of my information and belief ~ WILLIAM E. MILLER, JR. -- -- -- Sworn to and subscribed before me this ! l,""'- day of .) \.\.V\.lL. , 2005. ~^::n~~ Notary Public '-- NOTARIAL SEAL MARJORIE L JOHNSON, Notary Public Camp Hill Bore , CUlnbe~and County ~t.c;2"'ml~,i(), ~>y're~_A!>.'115, 2007 My Commission Expires: If/IS I J. 001 1.t ~~ '\ C\)\.Al ,~ ~ ""\ ~ -S( ~ ~\ ~ ~ ~ ~ ~) \. ~ ,,'. ~ ri ~:';; c tj:1 Q, .-1 ~'_:'.~:. :::r;--rt .,J.',',:" ' ' ~ ;,:.::::. , . ,~'- . -f"1 " _;-,)':':'J C' i':?\(2 . " ~-q (~) ;["r\ -' .-, ?E V) .-<. - -rJ -- 5:'" - IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF- WAY OF LAND IN AN UNDEDlCATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS-OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM PETITION FOR WRIT OF POSSESSION TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Upper Allen Township ("Township"), pursuant to Section 407(a) of the Eminent Domain Code of June 22, 1964, P.L. 84, respectfully represents that: L A Declaration of Taking in the above captioned matter was filed on 16 June 2005, in the Court of Common Pleas, Cumberland County, whereby a portion of Cheny Alley, an undedicated, public alley in the Village of Bowmansdale was condemned for the sole purpose of establishing a sewer right-of-way in which the Township could place, now, or in the future, sanitary sewer transmission lines. 2. The real property condemned is located in its entirety in Cherry Alley, an undedicated alley in the Village of Bow mans dale. 3. The Village of Bowmansdale is an unincorporated village in Upper Allen Township for which there is no recorded plan. 4. Other streets and alleys in the Village of Bowmansdale are maintained by the Township although no deeds of dedication have been offered to the Township and no ordinances accepting dedication have been enacted. 5. Because the condemned real property is located in its entirety in an undedicated alley, there is no owner of record of the property. 6. A Notice to Condemnees of Filing of Declaration of Taking was filed and ser'led upon Condemnees on I July 2005. 7. Condemnees are those individuals who own property abutting the portions of Cherry Alley subject to condemnation who hold a right of reverter should Cherry Alley be abandoned as a public right-of-way. 8. Pursuant to Section 407(a) of the Pennsylvania Eminent Domain Code, 26 P.S. S 1-407(a), the Township is entitled to possession of the subject property upon payment of just compensation. 9. Just compensation is defined in the Pennsylvania Eminent Domain Code as "the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and as unaffected thereby and the fair market value of his property interest remaining immediately after such condemnation and as affected thereby, and such other damages as are provided in this code." 26 P.S. SI-602(a). 10. Condemnees have no present interest in the real property located in Cherry Alley, but hold a right of reverter to the mid-line of Cherry Alley if the real property were to be abandoned as a public right-of-way. 11. Because the public's possessory interest in the public right-of-way in Cherry Alley is not about to imminently end, Condemnees' reversionary interest has no fair market value. See In re: Condemnation by Redevelopment Authoritv, 20 Pa. D. & C. 3d 430, 442 (Monroe County 1981). 12. As a result, the Township can make no offer to pay just compensation to Condemnees because their respective interests have no fair market value. 13. In order to make payment of just compensation so that the Township may take possession of the condemned real property, the Township has calculated just compensation for condenmation of the portion of Cherry Alley necessary for a sewer easement to be Three Hundred and Five Dollars ($305.00). 14. The calculation is based upon a payment of One Dollar ( $1.00) per lineal foot of real property in Cherry Alley necessary for the installation of, or future installation of, a sanitary sewer system to service the Village of Bowmansdale. 15. In exercising its power of eminent domain, the Township is seeking to establish a sewer right-of-way only. 16, Upon completion of construction, installation, maintenance, repair, rebuilding, replacing and/or removing sewer transit lines in the permanent general access easement and right-of- way, the Township shall restore the surface of Cherry Alley to its current condition, that of a public alley in the Village of Bow mans dale. 17. Attached to this Petition is a copy ofthe check issued by Upper Allen Township, and paid upon the filing hereof, to the Prothonotary of Cumberland County in the amount of Three Hundred and Five Dollars ($305.00). A copy of said check is attached hereto and made a part hereof and marked as Exhibit "A." 18. The Township demands possession of said premises, conditioned upon payment into the Prothonotary of Three Hundred and Five Dollars ($305.00), for the use and benefit of those individuals who interests have not yet appeared or of those Condemnees who can establish the fair market value of their interest in the real property that was extinguished upon the Township's initiation of the above referenced condemnation proceedings. WHEREFORE, this Petitioner respectfully prays that Your Honorable Court gr-ant a rule upon Condemnees to show cause why a Writ of Possession conditioned upon payment to the Prothonotary of Three Hundred and Five Dollars ($305.00) for Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, shall not issue. Respectfully submitted, Date: /0 '^' ~~ 2-oof ~~/ MILLER & ASSOCIATES, ~ William E. Miller, Jr., To nship Solicitor Alicia S. Miller, Assis t Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township -. o o o 1I1 ... r -. .. o U-> ... U-> o rrJ >< ;or & ;::;: rw r r -u .. ~ ... ..0 r o o o ..0 o-u c ~ 3 g. cr::r CD 0 ~ " -0 Ql - " Ql Q.-<! 00 0_ c " =; '< ~\,~ .~ -" - , , , -\ ::r CD CD I c " a. ~ CD a. -n <' CD Ql " a. o o ::;: o o o Q. OJ in , , , w o '" o o '" ~ ... o ;;, o ~ N o o '" "'::->, ",,", ~_. .! ;:j ~ ::; '-n_ o o o en f-.>. ~ -' (-) '.' ~,;"- c C) ".n :;\'-; " IN RE: CONDEMNA TlON BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDlCATED PUBLIC ALLEY IN NO. 05-3133 THE VILLAGE OF BOWMANSDALE : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE I, WILLIAM E. MILLER, JR., hereby certify that I am a member of the Cumberland County Bar and Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that, on 15 November 2005, I personally served copies of the Petition for Writ of Possession in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Frank G. Apa & Jennifer L Apa 131 East Lisburn Road Mechanicsburg, PA 17055 Robert H. Bruckner 2527 Chestnut Street Mechanicsburg, P A 17055 William T. Pfarr & Stephanie D. Hudson 123 East Lisburn Road Mechanicsburg, PA 17055 Gary B. Powles 125 East Lisburn Road Mechanicsburg, P A 17055 John E. Roth & Louise H. Roth 127 East Lisburn Road Mechanicsburg, PA 17055 Hi]ary Simpson & Jerry T. Simpson 137 East Lisbum Road Mechanicsburg, PA 17055, MILLER & ASSOCIATES, PC William E. Miller, Jr., wnship Solicitor Alicia S. Miller, A stant Township Solicitor Attorney ID 072 and 82099 1822 Market Street Camp Hill, P A 17011 (717) 737-92]0 Attorneys for Condemnor, Upper Allen Township COMMONWEALTH OF PENNSYL VANIA: : SS. COUNTY OF CUMBERLAND I. WILLIAM E. MILLER, JR., being duly sworn according to law, depose and say that I am Solicitor of Upper Allen Township, that I make this Affidavit on its behalf. being authorized so to do; and that the facts set forth in the foregoing Affidavit of Service are true and correct to the best of my knowledge, or to the best of my information and belief. Sworn to and subscribed before me this I."t-h. day of \,JiMYI\.kf-t. 2005. ~.J.NJ< Jo~~ Notary Public '-- My Commission Expires: ~1/S-1;)007 . - NOl ARIAl SEAl el r,l'.r\;ORIE L I()H~lSON ~Jotary PU?tIC .JH 80" '. ~tl:.f _,t 'll:nt, "(':;\')I TI' IU'),' 1 0"\ f',) .-< r...) () ~'n .--' MrL~ rif C) C::' 11 Brian J. Walker, Esquire O'Brien & Hennessy 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney LD. 71927 Attorney for Plaintiff Peerless Insurance In the Court of Co mID on Pleas AlS/O Donna Beistline and Donna Beistline Cumberland County, Pennsylvania Civil Action - Law vs. No. - 05-3164 Hope Davis AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: OUNTY OF CHESTER : ss. rian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says he judgment in the above captioned matter was the result of a Motor Vehicle ccident. Hope Davis - 2/16/72 - No operator license number. . ~J tYdh/c/ . rian 1. Walker, Esquire, AIC Hennessy and Walker worn to and subscribed fore me this day f ,2004. OT AR Y PUBLIC -\,Q. N W t'--' 0 ~ (": t+ ~~, .,-\} C> ~2 0 - vv -0 C'" ~ '"Q p=- o :: -, p n (:": ~)~ +- 0 +-- C:J -L - IN RE: CONDEMNATION BY UPPER : IN THE COURT OF COMMON PLEA~ OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE '/Iv : NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM RULE AND NOW, this L.X (t. day of Ni) v. ,2005, upon consideration of the foregoing petition, a Rule is granted upon Condemnees, Frank G. Apa & Jennifer L. Apa, Robert H. Bruckner, William T. Pfarr & Stephanie D. Hudson, Gary B. Powles, John E. Roth & Louise H. Roth, and Hilary Simpson & Jerry T. Simpson, to show cause, if any they have, why a Writ of Possession shall not issue conditioned upon payment to the Prothonotary of the Court of Common Pleas to receive and accept Three Hundred and Five Dollars ($305.00) for the use of Condellillees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom. Rule returnable tR~ d"yof ,2005._ ~0'lrL(?' 2-D d?)s.. J' t,j;) I;' dz.--r<:.. BY THE COURT: //) .- -~.,. -r:.-' o~CP \\' '2) , i' ?':l :2 :.:,? , 'J C";17 -,Uli.... -,.._- IN RE: CONDEMNA TlON BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDlCA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS. OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM ORDER AND NOW, this day of ,a Writ of Possession is issued for premises in Cherry Alley, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania against Condemnees, Frank G. Apa & Jennifer L Apa, Robert H. Bruckner, William T. Pfarr & Stephanie D. Hudson, Gary B. Powles, John E. Roth & Louise H. Roth, and Hilary Simpson & Jerry T. Simpson; provided, however, the Prothonotary first receive the sum of Three Hundred and Five Dollars ($305.00) from Upper Allen Township, for the use of Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom. BY THE COURT: J. C) ( c:.:;~: .-::.;> ~~.;>, -4 (~;) M~ ..,~::: . -~'11~_ -_.,'-;'.; c:~? :.:.:-; :~~ IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS -IN REM PETITION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Upper Allen Township ("Township"), pursuant to Pa. R.c.P. 206.7, respectfully represents that: 1. A Declaration of Taking in the above captioned matter was filed on 16 June 2005, in the Court of Common Pleas, Cumberland County, whereby a portion of Cherry Alley, an undedicated alley in the Village of Bowmansdale, was condemned for the sole purpose of establishing a sewer right-of-way in which the Township could place, now, or in the future, sanitary sewer transmission lines. 2. On or about 10 September 2005, a Notice of the filing of the Declaration of Taking was advertised in The Sentinel, a newspaper of general circulation in Cumberland County. 3. On or about 12 September 2005, a Notice of the filing of the Declaration of Taking was posted conspicuously in the area of Cherry Alley, adjacent to Condemnees' properties, that is the subject of these eminent domain proceedings. 4. A Petition for Writ of Possession in the above captioned matter was filed on 14 November 2005, in the Court of Common Pleas, Cumberland County, requesting that a Writ of Possession be granted to Upper Allen Township allowing it to take possession of the condemned sewer right-of-way. .. 5. On 28 November 2005, this Honorable Court issued a Rule to Show Cause upon the Condemnees, those individuals who own property abutting the portions of Cherry Alley subject to condemnation, to show cause why a Writ of Possession should not be issued to Upper Allen Township conditioned upon payment to the Prothonotary of the Court of Common Pleas of Three Hundred and Five Dollars ($305.00) for the use ofCondemnees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom. 6. The Rule was to be returned within twenty (20) days of the date of issuance, 19 December 2005. 7. As of this date, no one has filed an Answer to the Rule and no one has raised any objection to the grant of a Writ of Possession to Upper Allen Township for the sewer right-of-way in Cherry Alley in the Village of Bow mans dale. 8. Pursuant to Pa. P.C.P. 206.7, all averments offact in the Petition for Writ of Possess ion may be deemed admitted and this Honorable Court may enter an order granting a Writ of Possession to Upper Allen Township for a sewer right-of-way in Cherry Alley in the Village of Bowmansdale. WHEREFORE, this Petitioner respectfully prays that your Honorable Court grant a Writ of Possession to Upper Allen Township for a sewer right-of-way in Cherry Alley in the Village of Bowmansdale, conditioned upon payment to the Prothonotary of Three Hundred and Five Dollars 2 ($305.00) for Condemnees and those individuals whose interests are not yet apparent, as their interests may appear. Respectfully submitted, Date: I', J G4il vCtYj 'WD (P ?~ By: MILLER & ASSOCIATES, PC William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, P A 170 II (717) 737-9210 Attorneys for Condemnor, Upper Allen Township 3 ... TN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN AN UNDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE : NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AFFIDAVIT OF SERVICE I, ALICIA S. MILLER, hereby certify that I am a member of the Cumberland County Bar and Assistant Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that I personally served a copy of the Petition to Make Rule Absolute in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Frank G. Apa & Jennifer L. Apa 131 East Lisburn Road Mechanicsburg, P A 17055 Gary B. Powles 125 East Lisbum Road Mechanicsburg, P A 17055 Robert H. Bruckner 2527 Chestnut Street Mechanicsburg, P A 17055 John E. Roth & Louise H. Roth 127 East Lisbum Road Mechanicsburg, PAl 7055 William T. Pfarr & Stephanie D. Hudson 123 East Lisburn Road Mechanicsburg, PA 17055 Hilary Simpson & Jerry T. Simpson 13 7 East Lisburn Road Mechanicsburg, PA 17055 MILLER & ASSOCIATES, PC Date: i,..) CM-1 II ~ 200 (P ~ William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township () , -,---, ',I ( --:::1 (,: c. "' - ty .I{:i~ 1 b iUUtJ ~ IN RE: CONDEMNA nON BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3133 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM ORDER AND NOW, this 7 0 It day of ~ ?J)..J.J.J ) , 2006, a Writ of Possession is issued for premises in Cherry Alley, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania against Condemnees, Frank G. Apa & Jennifer L. Apa, Robert H. Bruckner, William T. Pfarr & Stephanie D. Hudson, Gary B. Powles, John E. Roth & Louise H. Roth, and Hilary Simpson & Jerry T. Simpson; provided, however, the Prothonotary first receive the sum of Three Hundred and Five Dollars ($305.00) from Upper Allen Township, for the use of Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom. ~.oG J\)\,8-- Ln (\"; (-/") <'..j IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RlGHT-OF-WAYOF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3133 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO ISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: On 20 January 2006, the Honorable J. Wesley Oler issued an Order in the above captioned matter issuing a Writ of Possession to Upper Allen Township for lands in Cherry Alley, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania conditioned upon payment to the Prothonotary of the sum of Three Hundred and Five Dollars ($305.00). The 20 January 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. On 25 January 2006, the Prothonotary issued a receipt for payment of the required amount by Upper Allen Township. The Prothonotary's receipt is attached hereto as Exhibit "B" and incorporated by reference. Therefore, please issue the Writ of Possession for service by the Sheriff upon the following Condemnees: Frank G. Apa & Jennifer L. Apa 131 East Lisburn Road Mechanicsburg, P A 17055 Gary B. Powles 125 East Lisburn Road Mechanicsburg, PA 17055 Robert H. Bruclmer 2527 Chestnut Street Mechanicsburg, P A 17055 John E. Roth & Louise H. Roth 127 East Lisbum Road Mechanicsburg, PA 17055 William T. Pfarr & Stephanie D. Hudson 123 East Lisburn Road Mechanicsburg, P A 17055 Hilary Simpson & Jerry T. Simpson 137 East Lisbum Road Mechanicsburg, P A 17055 Respectfully submitted, Date: 11 Fc:ovvtl':j 2000 MILLER & ASSOCIATES, PC William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717)737 -9210 Attorneys for Condemnor, Upper Allen Township IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3133 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM AFFIDAVIT OF SERVICE I, ALICIA S. MILLER, hereby certify that I am a member of the Cumberland County Bar and Assistant Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that I personally served copies of the Praecipe to Issue Writ of Possession in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Frank G. Apa & Jennifer L. Apa 131 East Lisburn Road Mechanicsburg, P A 17055 Gary B. Powles 125 East Lisburn Road Mechanicsburg, P A 17055 Robert H. Bruckner 2527 Chestnut Street Mechanicsburg, PA 17055 John E. Roth & Louise H. Roth 127 East Lisburn Road Mechanicsburg, P A 17055 William T. Pfarr & Stephanie D. Hudson 123 East Lisburn Road Mechanicsburg, PA 17055 Hilary Simpson & Jerry T. Simpson 137 East Lisburn Road Mechanicsburg, P A 17055 MILLER & ASSOCIATES, PC Date: \I FebYV~~ 2006 ~;c57z-- ~ William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street CampHill,PA 17011 (717)737-9210 Attorneys for Condemnor, Upper Allen Township )\1 I g 2006 c;, l.' IN RE CONDEM:NATION BY UPPER ALLENTOw~S~FORSEw~R RIGHT-OF-WAY OF LA...ND IN AN UN'DEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMA}.fSDlu,E IN THE COURT OF COMMON PLEAS OF . CUMBERLA...,-<n COUNTY, PENt.fS'l.'1.v lL'ITA NO. 05-3133 . CIVIL ACTION-LAW . ElvITNENT DOMAIN PROCEEDINGS - IN REM ORDER "./., J) ..- '" J r-.---" ,/' ,,~,.~_. .. -' 1-U1! ". ;~ Y'- I'~'. '006 ,,- f Fu'iU ''iUVV, rtus ^-l./' dayof'~!ll"iUil;.Y ,2. ,aWnto " II Possession is issued for premises in Cherry Alley, Village o~Bowmansdale,Upper Allen Township, Cumberland County, Pennsylvania against Condemnees, Frank G. Apa & Jemlifer L Apa, Robert H. Bruckner, William T Prace & Stephanie D. Hudson, Gary B Powles, John E. Rot!l & Louise H. Roth, and Hilary Simpson & Jerry T. Simpson; provided, however, the Prot."i-:1onota.-r..y first receive the sum of Tlrree Hundred3J.ld Five Dollars ($305.00) from Lipper Allen Township, for the use of Condemnees and those il1dividua1s whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible tberefrom. BY THE COURT: "f,. 7\1 ; /C,/0,-/ j i ,)' [i,}..-1 1:::1\0'." If j})-"r-".t;Y \.....y(-L/))~.l. 4-. J--.---- !/ , Exhibit "A" RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Recelpt Date RecelPt Time Receipt No. 1/25/2006 13:47:11 173341 UPPER ALLEN TOWNSHIP CONDEMNAT (VS) Case N~r.-z-e-e5~n3 Received of PO UPPER ALLEN TOWNSHIP 1M Total Non-Cash. . . .. + Total Cash... . . . . .. + Change. . . . .. . . . . . .. - Receipt total...... 305.00 .00 .00 305.00 Check# 514 ________________________ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 305.00 PRO~HONOTARY ESCROW 305.00 Exhibit "Bn ~ ~- "- 'l-.l ~ v, V] ~ Q ~ - it:; - "'^ ...j 0\ ---... ~ ,.--., ~ '-!\ 'J 0 \/'6 0 <;:, 'ti. 'J -----<::::> 'f ~ ~ ~ "'>l.- s::- ~. '::=:It!, S --0 '~ :n "'i 8 -c\ ~ ~ :;::> ~ -,1 rr\ 1;.; ~.1 C-) -n :~ _I -n :n,-=- "-'1 ~,.-.! -., (.";,"; C1 c: '., lor2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Upper Allen Township for Sewer Right-of-Way of Land in an Undedicated Public Alley in the Village of Bowmansdale VS. No. 05-3133 Civil Tenn~ Frank G. Apa & Jennifer L. Apa; Robert H. Bruckner; William T. Pfarr & Stephanie D. Hudson; Gary B. Powles; John E. Roth & Louise H. Roth; Hilary Simpson & Jerry T. Simpson Costs Attorney's Plaintiff s Prothonotary $ $ 70.50 $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the SheritT of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) Upper Allen Township for Sewer Right~of~Way ofland in an Undedicated Public Alley in the Village of Bowmansda1e for lands in Cherry Alley being: (Premises as follows): Frank G. & Jennifer L. Apa, 131 East Listbum Rd, Mechanicsburg PA 17055; Robert H. Bruckner, 2527 Chestnut Street, Mechanicsburg PA 17055; William T. & Stephanie D. Hudson, 123 East Lisburn Road, Mechanicsburg, PA 17055; Gary B. Powles, 125 East Lisbum Rd, Mechanicsburg, PA 17055; John E. & Louise H. Simpson, 137 East Lisburn Rd, Mechanicsburg, PA 17055. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, PA Date February 17,2006 (Seal) By: Beckv Hetrick Deputy 2of2 No 05-3133 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA UPPER ALLEN TWP FOR SEWER RlGHT-OF-W A Y OF LAND IN UDEDlCATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE, FOR LANDS IN CHERRY ALLEY VS. FRANK G. AND JENNIFER L. APA; ROBERT H. BRUCKNER; WILLIAM T. PFARR & STEPHANIE D. HUDSON; GARY B.POWLES; JOHN E. AND LOUISE H. ROTH; HILARY & JERRY T. SIMPSON WRIT OF POSSESSION P.R.CP. 3160-3165 ETC Costs Att'y Plff (s} Pro thy Sheriff $ $ 70.50 $ 1.00 $ Plaintiff(s) attorney name and address: William E. Miller, Jr., Esq. 1822 Market Street Camp Hill, PA 17011 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the _ day of , . I cansed the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Deputy Prothonotary IN RE: CONDEMNA nON BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3133 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: On 20 January 2006, the Honorable J. Wesley Oler issued an Order in the above captioned mattcr issuing a Writ of Possession to Upper Allen Township for lands in Cherry Alley, Village of Bow mans dale, Upper Allen Township, Cumberland County, Pennsylvania conditioned upon payment to the Prothonotary of the sum of Three Hundred and Five Dollars ($305.00). The 20 January 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. On 25 January 2006, the Prothonotary issued a receipt for payment of the required amount by Upper Allen Township. The Prothonotary's receipt is attached hereto as Exhibit "B" and incorporated by reference. Therefore, please enter judgment in the above captioned matter upon the following Condemnees: Frank G. Apa & Jennifer L Apa 13 I East Lisbum Road Mechanicsburg, P A 17055 Gary B. Powles 125 East Lisburn Road Mechanicsburg, PA 17055 Robert H. Bruckner 2527 Chestnut Street Mechanicsburg, P A 17055 John E. Roth & Louise H. Roth 127 East Lisbum Road Mechanicsburg, PA 17055 William T. Pfarr & Stephanie D. Hudson 123 East Lisbum Road Mechanicsburg, PA 17055 Hilary Simpson & Jerry T. Simpson 137 East Lisburn Road Mechanicsburg, P A 17055 Respectfully submitted, Date: \ MoxcVl LoO", ~~ MILLER & ASSOCIATES, PC William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street CampHill,PA 17011 (717) 737-9210 Attorneys lor Condemnor, Upper Allen Township . IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT -OF- WAY OF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN fA NO. 05-3133 CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AFFIDAVIT OF SERVICE I, ALICIA S. MILLER, hereby certify that I am a member of the Cumberland County Bar and Assistant Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that r personally served copies of the Praecipe to Enter Judgment in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Frank G. Apa & Jennifer L. Apa 131 East Lisburn Road Mechanicsburg, PA 17055 Gary B. Powles 125 East Lisburn Road Mechanicsburg, P A ] 7055 Robert H. Bruckner 2527 Chestnut Street Mechanicsburg, P A 17055 John E. Roth & Louise H. Roth 127 East Lisburn Road Mechanicsburg, PA 17055 William T. Pfarr & Stephanie D. Hudson 123 East Lisburn Road Mechanicsburg, P A 17055 Hilary Simpson & Jerry T. Simpson 137 East Lisburn Road Mechanicsburg, PA 17055 MILLER & ASSOCIATES, PC Date: \ YV'\OJri/Yl 2.O0'=:> ~ --- William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney lD 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717)737-9210 Attorneys for Condemnor, Upper Allen Township I g 2D05 C{ ); (i IN BE Cm-rOE:J\1}.;ATION BY OPPER ALLEN TOV/NSHIP FOR SEwER RlGHT-OF-WAY OF LA..ND IN ."u"{ G1--iTIEDICATED Pul3LIC ALLEY n~ TIIE vlLLAGE OF BOWMA..'TSDA..LE IN THE COURT OF COlYfMON PLEAS OF CuMBERL.A..Nu COUNTY, PEN"NSYL VA- N-:LA. NO. 03-3133 : CIVT..L ACTION-LAW : ElvITKr.NT DOM_idN PROCEEDJNGS - IN REM ORDER {j/,';' ^~1 /' A:ND NOW, wis --Zl jO; day of\ III ill U (I f, j t/ ,2006, a Writ of - Ii . .. . [I - . Al PossessJOn 15 Issued for premises in Cherry Alley, Village OUBowm<L'lsdale, 'Uppe, _ I en T oWliship, Cumberland County, Pennsylvania against Condemnees, Frank G. Apa & J e:nr.ifer L. Apa, Robert H. BrucL'ler, Willi<Lil T. Pfarr & Stenhanie D. Hudson, G<Lj B. Powles, John E. Rotll & Louise H. Roth, and Hi]~-j Simpson & Jerry 1. Simpson; provided, however, rhe ..,..... ,'" , ~. ,.; ....~ U '...:/ ...:/~. nll ('Z'--.r,-i\f\\.... T"i rTo!..'lonota."1)T 1lI'S! reser'/e me sum ot l.nree .L.l.-UIlc:reuaIlu .rTle lJOJ..l2T3 1..,-.IJ5')"J.vV) r:-Offi upper .AJlen Township, for the use of Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, IJi-rithout any fees or commissions deductible therefrom. BY Tb."'E COURT: ) i;-:. ,1'.J jl !c:h--1 --! {. \; i i J f-"/ \~ ~ .' l1 l} )))'.: J j/ ~ '0.-L1. ,\.=},j\ ~ . f-=.-r---"--' ,/ .'; ,. Exhibit "A." RECEIPT FOR PAYMENT ----------~-------- ------------------- c~mberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 1/25/2006 l3:47:11 =-733~1 UPPER ?~LEN TOWNSHIP CONuE~~AT (VS) Cas e N~roee-r-:Z-f)'C:; - 0 3 n 3 Received of PD UPPER ALLEN TOWNSHIP 1M Tocal Non-Cash. . . .-. + Total Cash.... + Change. . . . . . . . 305.00 .00 .00 305.00 Check# 514 Receipt total...... ______~__~______________ bistribution Of Payment ---------------------------- ~ransactio~ Description BOND Payment ]I.mount 305.00 PROTHON07ARY ESCROW 305.00 Exhibit "B" ~-:) , "Il -'~-i ~'" ~ t ~ ';:::" \ ':S #--- ~. ~ ~ ~ ~ .,"1 "-.. -J ~;-... ~ (Y. ~ ~ \ ~ CJ /' ------. , named appurtenances, and WR I T PER ATTY, 2/28/06 ~ "- By Virtue of this writ, on the day of , . I caused the within , to have possession of the premises described with the OF POSSESSION RETURNED STAYED THIS DATE , . . Sworn and subscribed to before me this J'I e Day of .:;.()-O (. So Answers, 'r.~ 1V~ . Sheriff " : . .. By CQo...., Jj t- ~ Jl~'ty-- . Sheriff I s Docketing Surcharge Pro thy Return: , 18,00 160.00 1. 00 1/9.00 Advance Costs: 300.00' Sheriff's Costs: 179.00 121. 00 Refunded on 2/28/06 , () ~ \>> "" Ul $()I:!:/(j) l ( :8 V II 91:1 qOOZ 'lid ',Uh:iU'J ui.\ k:"lJHfI:J .:l.:l1l:l3HS 3fH .:lO 3:JI.:l.:lO J:JI:!:!@ Ue. :{3 (1-\ ~. /1 ~'1'?)' ,. u-o .-! -.. 20f2 No 05-3133 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TWP FOR SEWER RIGHT-OF-WAY OF LAND IN UDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE, FOR LANDS IN CHERRY ALLEY VS. FRANK G. AND JENNIFER L. APA; ROBERT H. BRUCKNER; WILLIAM T. PFARR & STEPHANIE D. HUDSON; GARY B.POWLES; JOHN E. AND LOUISE H. ROTH; HILARY & JERRY T. SIMPSON WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheriff $ $ 70.50 $ 1.00 $ Plaintiff (s) attorney name and address: William E. Miller, Jr., Esq. 1822 Market Street Camp Hill, PA 17011 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the _ day of , . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of Sheriff By Prothonotary Deputy -- 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Upper Allen Township for Sewer Right-of-Way of Land in an Undedicated Public Alley in the Village of Bowmansdale VS. No. 05-3133 Civil Term. Frank G. Apa & Jennifer 1. Apa; Robert H. Bruckner; William T. Pfarr & Stephanie D. Hudson; Gary B. Powles; John E. Roth & Louise H. Roth; Hilary Simpson & Jerry T. Simpson Costs Attorney's Plaintiff s Prothonotary $ $ 70.50 $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: Q o To the Sheriff of Cumberland County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) Upper Allen Township for Sewer Right-of-Way ofland in an Undedicated Public Alley in the Village of Bowmansdale for lands in Cherry Alley being: (Premises as follows): Frank G. ~ Jennifer 1. Apa, 131 East Listburn Rd, Mechanicsburg PA 17055; Robert H. , Bruckner, 2527 Chestnut Street, Mechanicsburg P A 17055; William T. & Stephanie D. Hudson, ... 123 East Lisburn Road, Mechanicsburg, P A 17055; Gary B. Powles, 125 East Lisburn Rd, , , Mechanicsburg, PA 17055; John E. & Louise H. Simpson, 137 East Lisburn Rd, Mechanicsburg, PA 17055. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curtis R. Long Prothonotary, Conunon Pleas Court of Cumberland County, PA Date February 17.2006 (Seal) By: Beckv Hetrick Deputy . 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT -OF -WAY OF LAND IN AN UNDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE VS. No. 05-3133 Civil Terrn_ Costs Attorney's Plaintiff s Prothonotary $ 273.50 $ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN AN UNDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE being: (Premises as follows): FRANK G. AP A & JENNIFER L. AP A, 131 EAST LISBURN ROAD,MECHANICSBURG, P A 17055 - GARY B. POWLES, 125 EAST LISBURN ROAD, MECHANICSBURG, P A 17055 - ROBERT H. BRUCKNER, 2527 CHESTNUT STREET, MECHANICSBURG, P A 17055 - JOlIN E. ROTH & LOUISE H. ROTH, 127 EAST LISBURN ROAD, MECHANICSBURG, PA 17055 - WILLIAM T. PFARR & STEPHANIE D. HUDSON, 123 EAST LISBURN ROAD, MECHANICSBURG, PA 17055 - HILARY SIMPSON & JERRY T. SIMPSON, 137 EAST LISBURN ROAD, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her ( or their) intere therei. Prothon 4i . Date APRIL 28, 2006 (Seal) By: Irene Morrow Deputy '\ . . 20f2 No 05-3133 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CONDEMANTION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT -OF- WAY OF LAND IN AN UNDEDICA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE VS. FRANK G. APA & JENNIFER L. APA - GARY B. POWLES - ROBERT H. BRUCKER - JOHN E. ROTH & LOUISE H. ROTH - WILLIAM T. PFARR & STEPHANIE D. HUDSON - HILARY SIMPSON & JERRY T. SIMPSON WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y PIff (s1 Prothy Sheriff $ 273.50 $ $ 1.00 $ Plaintiff (s) attorney name and address: ALICIA S. MILLER, ESQUIRE MILLER & ASSOCIATES, PC 1822 MARKET STREET CAMP HILL, PA 17011 717-737-9210 I.D. # 82099 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the _ day of , . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of Sheriff By By virtue of this writ, on the _ day of , . I caused the witlun named , to have possession of the premises described with the appurtenances, and Writ of Possession returned Stayed per Atty, 9/22/06 Sworp. and subscribed to before me this Day of So Answers, .,-~ ~ } ....~-- .. BY() :7~eri':~-~-~~'~-I Sheriff's Docketing Pro.thy Surcharge Milage Poundage Return: 1'8.00 1.00 200.00 26.40 4.91 L~O. 31 .;' 6~ .L}.)~ t'~( Advance Costs: 350.00 Sheriff's Costs:250.31 99.69 Refunded to Atty on 9/22/06 r', ',~) ........, '-) '" '^' "v ~~ t~-~~ ~~1~, '~i'l] Of..:; Ci 11-- '.g) ~ '~ .':;::::;;;::::' ,~ .-:;n] . '::':':~-:';: '..l _~.l .~,! , ~'.~ ~~~ , ,~~,; . ~ rIfti U2.. )' 5' ~') f ,~ I ~' :) if G , ,1~.. I