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Home My WebLink About05-4339 IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-- lf33"f ~ J.uv..,. : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM DECLARATION OF TAKING TO THE HONORABLE, THE nJDGES OF SAID COURT: The Township of Upper Allen, Cumberland County, Pennsylvania, does hereby respectfully declare that: 1, The Condemnor is the Township of Upper Allen, a municipality organized and existing under the First Class Township Code, Act of June 24, 1931, P.L 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 P.S. 9957401 and 57402 and Article XIX, Section 1901, 53 PS. 956901 3. This condemnation has been authorized by virtue of an ordinance of Upper Allen Township, Ordinance No. 600, duly enacted at the regular public meeting of the Board of Commissioners held on 21 July 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 17055. 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 and future construction 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 condemned is located in undedicated, private roads, known as Hillcrest Drive and Martin Road (portions of Martin Road are also known as Second Street), in the Village of Bowmansdale which enable residents of the Orchard Terrace subdivision to access their properties. Adjoining property owners in the Orchard Terrace subdivision share a reversionary interest in Hillcrest Drive and Martin Road to the centerline should they 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 P.S. 9 1-404, 6, The nature of the title acquired is a perpetual right-of-way or easement in, over, under and across the tract ofland hereinbefore described for the construction and future construction 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 of/and 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. 7. A plan showing the condemned property may be examined at the Upper Allen Township offices, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania, or 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 of Upper 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 [)a1:t.! g~lo~ William E. Miller, If, To ship Solicitor Alicia S, Miller, Assis t Township Solicitor Attorney ill 0722 d 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township 2 COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND 1, 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 Sworn to and subscribed before me this ~ 3 day of A-lJ. ~sC 200S. ~~ \20~~ My Commission Expires: I-rjls-/qcm7 NOTARIAL SEAL MARJORIE l IOHNSON, Notary Public Camp Hill Be'.. Gumbe~and County .!;QrJ'I'!<.;,' ;-"f",'!!5 A rt1152007 ORDINANCE NO. (PM AN ORDINANCE OF TBE TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHOlUZING CONDEMNATION OF A RIGHT-OF- WAY FOR PUBLIC SEWER PURPOSES ON, ACROSS AND THROUGJI CERTAIN LANDS SITUATE IN THE TOWNSIlIP OF UPPER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA, LOCATED IN Illl,LCREST DIUVE, MARTIN ROAD AND PORTIONS OF SECOND STREET, PR.IVATE ROADS, IN mE VilLAGE OF BOWMANSDALE WHEREAS, Upper Allen Township is undertaking a municipal improvement project in which the residents of the village of BowmansdaJe will be provided with use of the Township's public sewer facilities; and WHEREAS, public sewer lines shall be constnlcted in the Village of Bowmansdale for access to the public sewer facilities; and WIlEREAS, wherever possible, public sewer lines will be placed in or along the lines of public streets or highways; and WHEREAS, Hillcrest Ddve and Martin Road (portions of Martin Road are also known as Second Street) are private roads in the Village of Bowrnansdale giving residents of the Orchard Terrace subdivision access to their properties; and WHEREAS, Iflllcrest Drive and Martin Road are private roads, shown on the Orchard Terrace subdivision plan, that have never been dedicated to the Township; and WHEREAS, Orchard Terrace residents do not have any present interest in Hillcrest Drive and Martin Road; and WHEREAS, if Hillcrest Drive and Martin Road WeTe to be abandoned, the adjoining property owners in Orchard Terrace would have an interest in the abandoned real estate; and WHEREAS, it is in the best interest of the residents of Upper Alleu township for the Township to iustall, or have the right to install in the future, public sewer lines in Hillcrest Drive and Martin Road, Exhibit "A" NOW THEREFORE, BE IT ENACTED .AND ORDAINED by the Commissioners of . Upper Allen Township, Cumberland COUllty, Pennsylvania, and it is hereby enacted 811rl ordained by the authority of same as follows: SECTION 1: Pursuant to the provisions of the First Class Townsbip Code, the Act of June 24, 1931, P.L. 1206, as amended and supplemented, Article XXIV, Section 2402, 53 P.S. S57402, the Board of Commissioners of Upper Allen Township, Cumberland Coun,ty, Pennsylvania, hereby serves notice of, and authorizes and directs the acquisitiOD ofJand for, and the construction of or the future construction of, public sewer lines to be utilized in the provision of public Slm'/lr facilities for the residents of the Village of BowmansdaJe in Upper Allen Township on lands in fftllcrest Drive and Martin Road. SECTION 2: The public sewer lines shall be constructed in accordance with the design ~d plans as more particularIy set forth in the drawing entitled "Sewer Right-of-Way to be Acquired 'Within Hillcrest Drive & Martin Road," of Upper Allen Township, Cumberland County, Pennsylvania, as prepared by Gann,ett Fleming, Inc. and dated March ZOOS, a copy of said drawing being attached to the original of this Ordinan,ce and marked Exhibit "A" SECTION 3: The Township Solicitor is directed and authorized to file all necessaJy legal documents in order for tbe Township to obtain such right-of-way for public sewer purposes across a portion of land in Hillcrest Drive and Martin Road, said legal description being attached to the original of this Ordinance and marked as Exhibit "B." 2 SECTION 4: This ordinance shall be effective immediately. Al! ordinances or parts of ordinances inconsistent herewith are hereby repealed. ENACTED AND ORDAINED, this JJsi. day of ~ _ ,2005. A !TEST: .X::<~ (.Ia_-t.mt) Secretary TOW By 3 _1'J4 ~ I! !i w , I 1 . ",- I~~ I ._=- l!!ftI!II__. --- ,- ..--.-.-- -'--"~'----'l--'---_h_-'-------?i'------- r"-'- l... , .. , I ' P ~ I ,/ 1 \ ;~~~ ! ~ ,'/' : \ j. r~! \ ~ '/~'I : i1Gi'''!i!' I : ! III. U . I I.... '. I \ ti ) I ~ J \ \ '" . I 1 · i-u-.W--:----;f~-- . . a i 1ft. I ",..;. .. i : ..",- - l=i , ~ I I ... J ; ~-~ "''''-l:!8'''' I do. I ~ ' bl!!~lll ...\:, , 1I'r.'1 . I It us \ %...~~ : ~ ! I. S ___L.____"L___ j i ~ F.r---: ~i .. : ~ <> I IR I ~I : 0 I'f. \ -\ t i i ~~. !i z i ~ L-~-----_... ~tl1l _ i . ~!.. I.~ . r il:l . us ';6 . "J i j1 I' In ~ \ , ~ i ~~ us \ I ~ I _____;_ i, ,~lf-ll'------; '" z $ <e _..~ r----- i -~ ~ !:(gl':~.'8 ~8:" i;; 8-"---1 i .31 JJ ll>l:!;;g" i:t; ~:I\:ig i~ ~ ~ i \ It,. ;l!l ft u ", 1 "'~'.!i;!! i :!,~l::l~ ~., . ., ! vl Il., 12 ! ., : ! 'Jl~~;::~ I !', lil ~ '" ''" ! ! 1$ .. i'i I : I ~ i \ 274.34 ;it! . i ) . I ! ... ' S i \. ~~ (.! I! i, ~.. J -J ~l< . , ---"~"-"l ~., j I iU i ~* I ~_._._---------~./ OIl'!;;" "" j : ,/ :Ii. _1;1 I L,_____'_"_h_ I". ' ! -I 'i~i It! I t.i -;;h I! J --"---'-"--'_.'__'_'~_h_n_. ~ t l! .11 ii, i~i 11.I~ia~l~ i;l ~i Iii .. i;:> !'; ~ ! ~h i I I;~ ~i!~ ~ClE _.f'i~ ~~ ."!~. lliiS ~~".C! wll!l~ "'~;:~ i~ill~ If;!Alll~ll illi \-jill1!U! ;ii;~ i~iU! 05-23 Revised May 2005 SEWER RIGHT-Of.WAY TO BE ACQUIRED W1'I'E!N , EILLCREST DRIVE AND MARTIN ROAD Bl' uPPER ALLEN TOWNSElP >- ALL those =tain 'pieces or parce4 of land sittme in Upper ./Ulen Township, Cumberland CO\lllty and the Commonwealth of PennsylvalJia more particularly bounded u described as follows to.wit: Rtght-of- Way No, 1 BEGINNING .at a point on the wc:sterly right-of-way line of Brad Street; thence along lIDd within Martin :Road the folJ,owing five courses and distances; S 64' 55' 10" W, 218.30 feet to a pc:>int; S 63' 48' 27" W, 246.44 feet to a point; S 61'..33' 29" W, 190.31 feet to a point; S 85' 59' 06" W, 81.60 feet to a point; N 28' 27' .56" W, 12,91 feet to a point; thence along the IlorJJerly l'ig:ht-of-way lille of Martin :Road by a curve to th.. left having a chord of S 76" 37' 00" E, 25.48 reet, a radius of 1.0,00 feet an arc distance of 27.63 feet to a point: thence N 63' 48' 27" E,.42,03 feet to a point; thence N 85' 59' 06" E, 19.38 feet to a point; thence N 61' 33' 46" E, 186.76 feet to a point; , thence N 63' 48' 27' E, 246.44 feet to a point; thence N 640 55' 06" E, 218.99 feet to a point on said weste.J::ly line of Brad Street; thence along said w"5terly line S 240 11' 33" E, 20.00 feet to a point, the Place of Begiiming. Right of Way No. 1. BEGil';"NING at a PO.4,t Oll the eJi.sterly side of a cu1-de~sac of Hillcrest Drive, said point bemg S 14" 39' 44" E. 15.34 feet from the comer of Lot No, ~ an,d Lot No. 20; thence into and tbrouS-ll Hillcrest Drive and Martin Road the following e1e'lren cou..-ses lU:id distances: S 63' 41' 45" W, 569,63 feet to qiomt; S 9' 52' '20" W, '22.37 feet to a pomt; S 63. 48' 27" W, 11.42 feet to a point; by a CllIVe to tile left having a radius of 20.00 feet a chord bearing S ]8" 43' 58" W, 28.32 feet, an arc length of 31.47 feet to a point: S 26" 20' 30" E, 274,34 feet to a poiD.t.; N2S" 27' 56" W, 271,62 feet to a point; N 9" 52' 20" E, 69.25 feet to a point N 63" 48' 27" E, 505.1.4 feet to a point; by a cur"e to the left hav;ng a ~U5 of 5.00 feet, a cho,d bea."iilg N 33,. IS' 11" E, 5.08 feet, an arc length of 5.33 feet to a point; by a curve to the right having a ra!:lius ot 39.50 feet, a chord bearing N 5' 40' 03"E, 4,09 feet, all arc length of 4.09 feet to a point: N 6.30 42' 04" B, 64.76 feet to a point; by a cUrve to the right haV!llg a radius of 39.50 feet, a chord bea..-i.ng S 45" 40' 07" E, 21.20 feet, an arc length of 21.46 feet to a point, the Place of Beginning. E.xbibit ''-E'' The. above described lines being the perimeter of a :p=anent ea5<:ment of total width of 20 feet. Also incluOed are additional widths as shown on the attacbed plat, on both sides of the pe,mun"'nt e.asemcnt for the purposes of construction only. Total area of right-of-way 25761.37 sq. feet. Easemeut lines to be as showl! on the plat attached hereto and made a part of this description. 05- 23 Revised May 2005 SEWER RIGHT-OF-WAY TO BE ACQUIRED WITIDN HILLCREST DRIVE AND MARTIN ROAD BY UPPER ALLEN TOWNSffiP ALL those certain pIeces or parcels of land situate in Upper Allen Township, Cumberland County and the Commonwealth of Pennsylvania more particularly bounded as described as follows to wit: Right-of-Way No.1 BEGll\TNING at a point on the westerly right-of-way line of Brad Street; thence along and within Martin Road the following five courses and distances: S 640 55' 10" W, 218.30 feet to a point; S 63' 48' 27" W, 246.44 feet to a point; S 610 33' 29" W, 190.31 feet to a point; S 850 59' 06" W, 81,60 feet to a point; N 280 27' 56" W, 12.91 feet to a point; thence along the northerly right-of-way line of Martin Road by a curve to the left having a chord of S 760 37' 00" E, 25.48 feet, a radius of 20.00 feet an arc distance of 27.63 feet to a point; thence N 630 48' 27" E, 42.03 feet to a point; thence N 85059' 06" E, 19.38 feet to a point; thence N 61033' 46" E, 186.76 feet to a point; thence N 63048' 27" E, 246.44 feet to a point; thence N 64055' 06" E, 218.99 feet to a point on said westerly line of Brad Street; thence along said westerly line S 240 11' 33" E, 20.00 feet to a point, the Place of Beginning. Right of Way No, 2 BEGIN!\TING at a point on the easterly side of a cul-de-sac of Hillcrest Drive, said point being S 14039' 44" E, 15.34 feet from the comer of Lot No.5 and Lot No. 20; thence into and through Hillcrest Drive and Martin Road the following eleven courses and distances: S 63041' 45" W, 569.63 feet to a point: S 9' 52' 20" W, 22.37 feet to a point; S 630 48' 27" W, 11.42 feet to a point; by a curve to the left having a radius of 20.00 feet a chord bearing S 18043' 58" W, 28.32 feet, an arc length of 31,47 feet to a point; S 260 20' 30" E, 274.34 feet to a point; N280 27' 56" W, 271.62 feet to a point; N 9052' 20" E, 69.25 feet to a point N630 48' 27" E, 505.14 feet to a point; by a curve to the left having a radius of 5.00 feet, a chord bearing N 330 15' 11" E, 5.08 feet, an arc length of 5.33 feet to a point; by a CUrve to the right having a radius of 39.50 feet, a chord bearing N 50 40' 03"E, 4.09 feet, an arc length of 4,09 feet to a point; N 630 42' 04" E, 64.76 feet to a point; by a curve to the right having a radius of 39.50 feet, a chord bearing S 450 40' 07" E, 21.20 feet, an arclength of 21.46 reet to a point the Place or Beginning. Exhibit "B" The above described lines being the perimeter of a permanent easement of total width of 20 feet. AIso included are additional widths as shown on the attached plat, on both sides of the permanent easement for the purposes of construction only. Total area of right-of-way 2576L37sq, feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. 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I \ I I \ \ I I I z '" ",e; ~~ ~N_ ",0 "; '" ~ --- ~() -- co-- -J ~ )..> ...., w ~ (,~ "<1 ~ .J D~ . \ v\ <:::J rf"' (") ~:',;; r-' ~S ""~ 7''''' o -0 .-1 :r:-n nl?:,: "T,m :.(JY C),(') ;'j ~J .-,"\') ".;1"1, :_'):' ~ 7'"' C: G') r..) ("5 ~~fj .~... c.) o IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGill-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM 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 I personally served copies of the following documents in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Daryl A Shaffer and Maria C. Shaffe:r II Hillcrest Drive Mechanicsburg, PA ]7055 James H. Thoma and Eva F. Thoma ] 0 Hillcrest Drive Mechanicsburg, P A ] 7055 Betty L. Bachman ] 7 Hillcrest Drive Mechanicsburg, PA 17055 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Mechanicsburg, PA 17055 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, PA 17055 Judith A Leathery 25 Hillcrest Drive Mechanicsburg, PA ]7055 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Mechanicsburg, P A 17055 Darryl E. and Kathleen K. Evans 2 Hillcrest Drive Mechanicsburg, P A 17055 David G, Parry 13 North Second Street Mechanicsburg, PA 17055 Tannny L. Lindsay 91 Second Street Mechanicsburg, PA 17055, adjoining property owners who share reversionary interest in the undedicated private roads, Hillcrest Drive and Martin Road, in the Village of Bowmansdale. I. Notice to Condemnees of Filing of Declaration of Taking. 2. Declaration of Taking, 3. Notice to Recorder of Deeds of Filing of Declaration of Taking. MILLER & ASSOCIATES, PC Date: 25 August 2005 ------ /' ~ --- -- William E. Miller, Jr" Townshi olicitor Alicia S. MilJ'er, Assistant. wnship Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township COMMONWEAL TH OF PENN8YL VANIA: : 88. 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 coneel to the best of my knowledge, or to the best of my infonnation and belief ~ WILLIAM E. MILLER, JR Sworn to and subscribed before me this day of ,2005, Notary Public My Commission Expires: (' '-" ,:~.~, 't-;; :;:1::'- ~~ ;.'.1 (',) 0' Q, .-\ -:C~ fn f1~ -:~0\ C(-l '.-':"',() \--',' ;~:\ To; '~J '.4 -c :::':.: ~ ..- ... o -' - IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYL VANIA RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM NOTICE TO CONDEMNEES OF FIll,ING OF DECLARATION OF TAKIlIlG To: Daryl A Shaffer and Maria C. Shaffer 11 Hillcrest Drive Mechanicsburg, PA 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Mechanicsburg, PA 17055 Betty L. Bachman 17 Hillcrest Drive Mechanicsburg, P A 17055 William R Charron and KatWeen II. Charron 14 Hillcrest Drive Mechanicsburg, PA 17055 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, PA 17055 Judith A Leathery 25 Hillcrest Drive Mechanicsburg, PA 17055 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Mechanicsburg, PA 17055 Darryl E. and KatWeen K Evans 2 Hillcrest Drive Mechanicsburg, PA 17055 David G. Parry 13 North Second Street Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Mechanicsburg, PA 17055, adjoining property owners who share reversionary interest in the undedicated private roads, Hillcrest Drive and Martin Road, in the Village of Bowmansdale. Attached hereto find a true and correct copy of Declaration of Taking, the original of which was filed of record in the Office of the Prothonotary of the Court of Common Pleas for Cumberland County, Pennsylvania, on 24 August 2005, and docketed to No. 05-4339 Civil Term. You are advised that by virtue of said Declaration of Taking an easement was condemned across property in which you have a claim or interest, as more particularly described in said Declaration of Taking and as set out on a plot plan which accompanies this Notice. You are further notified that if you desire to present any objection or defense to the power or the right of the Township of Upper Allen to condemn this property, the sufficiency of the security, the procedure followed by the Township of Upper Allen, 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. MILLER & ASSOCIATES, PC Date: 25 August 2005 ~ William E. Miller, Jr., Tow p Solicitor Alicia S. Miller, Assist Township Solicitor Attorney ill 07220 nd 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-92IO Attorneys for Condemnor, Upper Allen Township 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 Notice to Condemnees of Filing of Declaration of Taking are true and correct to the best of my knowledge, or to th,~ best of my information and belief ~ WILLIAM E. MILLER, Sworn to and subscribed before me this day of ,2005. Notary Public My Commission Expires: IN RE CONDEMNATION BY UPPER ALLEN TOWNSffiP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE 1 F~UE ; '~1 T ;,~;,'1d~~,i;0 .", ~ FtEC.(HRD ;t~-~ r:'-~lG NO, 05- L{331 : CMLACTION-LAW : EMINENT DOMAIN PROCEEDINGS t~ f':: "" (;':'.) ,:;~ CJ"1 o -n --I X-n ~~,~~ .~~ -.:;. 7>>' c::: RE~ ..;:-- DECLARATION OF TAKING Cj ~'':C~S2 cYH ..-\ -~ ~Q TO THE HONORABLE, THE nJDGES OF SAID COURT G;..) The Township of Upper Allen, Cumberland County, Pennsylvania, does hereby respectfully declare that: I, The Condemnor is the Township of Upper Allen, a municip ality organized and existing under the First Class Township Code, Act of June 24, 1931, P.L 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 2401 and 2402, 53 PS. 99 57401 and 57402 and Article XIX, Section 190I, 53 PS 956901 3, This condemnation has been authorized by virtue of an ordinance of Upper Allen Township, Ordinance No. 600, duly enacted at the regular public meeting of the Board ofComrnissioners held on 21 July 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 17055, 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 and future construction 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 condemned is located in undedicated, private roads, known as Hillcrest Drive and Martin Road (portions of Martin Road are also known as Second Street), in the Village of Bowmansdale which enable residents of the Orchard Terrace subdivision to access their properties, Adjoining property owners in the Orchard Terrace subdivision share a reversionary interest in Hillcrest Drive and Martin Road to the centerline should they 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 P,S, 9 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 and future construction 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. 7. A plan showing the condemned property may be examined at the Upper Allen Township offices, 100 Gettysburg Pike, Mechanicsburg, PennsyIvania, or 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 of Upper 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 Dal(:1 ~. ~~ William E. Miller, Jf., To ship Solicitor Alicia S. Miller, Assis t Township Solicitor Attorney ill 0722 d 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township 2 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 ~ -=-=-" Sworn to and subscribed before me this Jl. 3 day of A-\..l~\SL, 2005, fvlovrzJfl\Q \2ok,~ Notary Public . My Commission Expires: /fIt s-j CiUO; [j NOTARIAL SEAL MARJORIE L "IOHNSON, Notary Public Camp Hil\ 8e:'O, Cumberland County -~ls~I'ii",,'Er8',~'C~l)p,ril 15,..2007 ORDINANCE NO. &tJO AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING CONDEMNATION OF A RIGHT-OF- WAY FOR PUBLIC SEWER PURPOSES ON, ACROSS AND THROUGH CERTAIN LAlWS SITUATE IN THE TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA, LOCATED IN BlLLCREST DRrVJi:, MARTIN ROAD A.ND PORTIONS OF SECOND STREET, PRIVATE ROADS, IN THE VILLAGE OF BOWMANSDALE WHEREAS, Upper Allen Township is undertaking a mumcipal improvement project in which the residents of the Village of Bowmausdale will be provided with use of the TO'Wnship's public sewer facilities; and WHEREAS, public .ewer lines shall be constructed in the Village of Bowmansdale fOT access to the public sewer faciliti,es; and WHEREAS, wherever possible, public sewer lines will be placed in or along tbe .lives of public streets or higb.ways; and WJlEREAS, Hillcrest Drive and Martin Road (portions of Martin Road are also known as Second Street) are private roads in the Village of Bowmausdal,e giving residents of the Orchard"Terrace subdivision access to their properties; and WJlEREAS, rrlllcrest Drive and Martin Road are private roads, shown on the Orchard Terrace subdivision plan, that have never been dedicated to the Township; and WHEREAS, Orchard Terrace residents do not have any present interest in Hmcrest Drive and Martin, Road; and WHEREAS, if Hillcrest Drive and Martin Road were to be abandoned, the adjoining property owners in Orchard Terrace would have aT) ,interest in the abandoned real estate; and WHEREAS, it is in the best interest of the residents of Upper Allen Township for the Township to install, or have the right to install in the future, public ~Iewer Hnes in Hillcrest Drive and Manin Road, Exhibit "A" NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Commissioners of . Upper Allen Township, Cumberland County, Peonsylvania, and it is hereby enacted and ordained by the authority of same as follows: SECTION 1: PurSllant to the provisions of the First Class Township Code" the Act of June 24, 1931, PL. 1206, as amended and Sllpplemented, Article XXIV, Section 2402, 53 P.S. S57402, the Board of Commissioners of Upper Allen Township, Cumberland County, Pennsylvania, hereby serves notice of, and authorizes and directs the acquisition ofland for, and the construction 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 BowmansdaJe in Upper Allen Township on lands in Hillcrest Drive and Mllrtin Road. SECTION 2: The pubLic sewer lines shell be constructed in a(:cordance with the desig.o, and plans as more particularly set forth in the drawing entitled "Sewer Right-of-Way to be Acquired V\iitbin Hillcrest Drive & Martin Road," of Upper Allen Township, CUmberland County, Pennsylvania, as prepared by Gannett Fleming, Inc. and dated March 2005, a copy of said drawing being attached to th,e original of this Ordinance and marked Exhibit "An SECTION 3: The Township Solicitor is directed and authorized to file all necessary legal documents in order for the Township to obtain such right-of-way for public sewer purposes across a portion of land in Hillcrest Drive and Martin Road, said lEigal description being attaChed to the original of this Ordinance and marked as Exhibit "B." 2 SECTION 4: This ordinance shall be effective immediately, All ordinances or parts of ordinances inconsistent herewith are hereby repealed. ENACTE.D AND ORDAINE.D, wis J:Jsi. day of ~.... , 2005. ATTEST: ~~~ ('>l~~~Lae:t) Secretary TO'ltIP OF Vi ' , ~~ By!:::.. I (Vice) Presi ent 3 . -~~----- w ,_,__,_________,~______,,__,_,,_ '--'\::,'-----'1-"-'- /' I r'---'-'", , ... /' I I . $", I '" "1 I !i!Sl..'''l '--. /" I :. ~..:'ii'$l! ": ." I !, j' ","g! i ~ /'~ I \ - '" < ,." II! I I . . g: II I i.,.....!i! 1 '~!i. " . I ! "'Ai ~l!: '\ I. t I : s; !;!.,f . In I I I ,.,.. J' i I I : lC . \ !;z: . I i · ~~ r----.w--1----;t.--- , . r - I~. I ~p I ,8 "'... 5!::j", : ~~ I I ~JI' g ~-~"~"-1i~'V..s ! Ill. ~ I . : "''l~lll "'[;1,1; . 'r-f I I! '" \ 2" , Z < I ." L _l.____ a: c. , I! ___ '! ~ ~ .. ..,--~-------: ~i .. \ 5 jJ'. irl JG, i ld IP ! , i ; LJe-_____J t-! = -2 I . . ! ' . I . i.: . r ii, ':. ! I ~~ ~~ ... I I/!!I _______~- ' "'- ------,.. '" ~ ! ----- ,~~ ~ ::-' Z::; r I" !<o ~ i If u 8 .., LJ :- : , ~":'l II.;) '. "18. .. ! ,'" '" !'!Ii~&i' l:~~; all!~~ i~ 1 I Ii;: ~ ..l!l n i' iil.. . ....~, , ' ~ j ;~~~2~ ~'" ..;!ii:l:,~.!i; ~,,; I .. .. '" . ~ I ~ : I (.J I f"J ! Z74.34 ! ! i llX!5IJ:t'%). ~ It ,,,is "' 0; I. .. .! s~h Ib! ~ Ie! J~9 : !lId II~ . .. .._.._~. ( '--"-"-"1 _.____~) i '." / ~~:=~~=.._,._.,-,/' i ----..-----.--..-.--------..-.----- --.--.---.-- Ii ~.l ",0 I"~ ;nO -Ii' I ~ i ~ ~II iI. i~~ iI.liia~t i~! ~~ e;1~ .. ~ ~~ ~ I ! ~ ~. 1;. ! I I. '" -..----..-1' ! ! i ! t! : 11: i II : I ! i i i i lle I!. 8 eil Ii" .~- ~! ~~~ !~d 'l!i5~ ~.N" ~ - ~"l!." ~~~ . "ol"ti ;::ll ~ 1>"~..i!s.. ~~~e Tm;'"i" mUii i~~bi 05-23 Revised May 2005 SEWER RIGHT-Of-WAY TO BE ACQtJIRED WTIHIN , HILLCREST DRIVE AN"!> M.A..RTIN :ROAD BY UPPER ALLEN TOWNSHIP .r ALL those c...'"ItaUl 'pi~ces or parce~ of land situate in UPPef lIllen Township, Cumberland County and the Co=onwealth of PennsylvatU., more particularly bounded a3 described as follows to.wit: Right-of-Way No, :l. BEGINNING at a point all the w<::stecly right-of-way line of Brad Street; thence along and within Martin Road the foJJ.owing five courses and distances; S 64' 55' 10" W, 218.30 feet to a P0int; S 63' 48' 27" W, 246.44 feet to it point; S 61 '..33' 29" W, 190.31 feet to a point; S 85' 59' 05" W, 81.50 feet to a point; N 28' 27' 56" W, 12,91 feet to a point; thence along the ilor.he.:rly right-of-way line of Mllrti.o Road by a curve to the left having a chord of S 76' '37' 00" E, 25.48 feet, a radius of .20,00 feet an arc distance of 27,63 feet to a point; thence N 63' 48' 27" E,.42.03 feet to a point; thence N 85' 59' 06" E, 19.38 feet to a point; thence N 61' 33' 46" E, 186,76 feet to a point; , thence N 63' 48' 27" E, 246.44 feet to a point; thence N 64' 5,5' 06" E, 218.99 feet to a point on said westerly line of Brad Str"Ct; thence along said wc'-Sterly line S 24' 11' 33" E, 20.00 feet to a point, the Place of Begiiming. Right GfWay No.2 BEGIN"NING at a poillt on tbe easterly side of a cul-d,,~sac of Hillcrest Drive, said point being S 14' 39' 4.4" E, 15.34 feet from the comer of Lot No. :5 an,d Let No. 20; thence into and throUgh Hillcrest Drive and Martin Road the following eleven cou.;:ses and distances, S 63' '11' 45" W, :569.63 feet to a Point; S 9' 52' 20" W, 22.37 feet to a point; S 63048' 27" W, 11.42 feet to a point; by a curve to th", lcft having a radius of 20.00 feet a chord bearing S 18' 43' 58" W, 28.32 feet, at;! a.c-c j"ngr.b of 31.47 feet to a point; S 26' 20' 30" E, 274,34 feet to a POW,!; N28~ 27' 56" W, 271.62 feet to a point; N 9052' 20" E, 69.25 feel to a pointN 63' 48,' 27" E, 5051.4 fcet \0 a poiIl.t; by a curve to the left having a radius of 5.00 fcct, a chOrd bea."i.i1g N 33,' 15' j 1" E, 5.08 feet, an arc length of 5.33 feet to a point; by lL curve to the right having a radius at 39.50 feet, a chord bearing N 5' 40' 03"E, 4,09 feet, an arc length. of 4.09 feet to a point; N 63' 42' 04" E, 54.76 feet to a point; by a ciJrve to the right having a radius of 39.50 feet. a chord bea.-i,ng 5 45' 40' 07" E. 21.20 feet, aJl arc length of 21.46 feet to a pclilt, the Place of Beginning. 2Xbibi! ":2" The above described lines being the perimeter of II ?=anent eas=ent of total width of 20 feet Also included are additiOllal widths as SAOWIl all the attacbed plat, on both sides of the p=ent """ement for the pu"l'oses of construction only, Total mil of right-of-way 2576137 sq. feet. Easement lines to be as shown on the plat attached he:reto and made a part of this description. 05-23 Revised May 2005 SEWER RIGHT-OF-WAY TO BE ACQUIRED WITIDN IDLLCREST DRIVE AND MARTn~ ROAD BY UPPER ALLEN TOWNSIDP ALL those certain pIeces or parcels of land situate in Upper AJlen Township, Cumberland County and the Commonwealth of Pennsylvania more particularly bounded as described as follows to wit: Right-of-Way No.1 BEGINNThiG at a point on the westerly right-of-way line of Brad Street; thence along and within Martin Road the following five courses and distances: S 640 55' ]0" W, 218.30 feet to a point; S 63048' 27" W, 246.44 feet to a point; S 61033' 29" W, 190.31 feet to a point; S 850 59' 06" W, 81.60 feet to a point; N 28027' 56" W, 12.91 feet to a point; thence along the northerly right-of-way line of Martin Road by a curve to the left having a chord of S 760 37' 00" E, 25.48 feet, a radius of 20.00 feet an arc distance of 27.63 feet to a point; thence N 63048' 27" E, 42.03 feet to a point; thence N 85' 59' 06" E, 19.38 feet to a point; thence N 610 33' 46" E, 186.76 feet to a point; , thence N 63' 48' 27" E, 246.44 feet to a point; thence N 64055' 06" E, 218.99 feet to a point on said westerly line of Brad Street; thence along said westerly line S 240 11' 33" E, 20.00 feet to a point, the Place of Beginning. Right of Way No, 2 BEGThiNING at a point on the easterly side of a cul-de-sac of Hillcrest Drive, said point being S 14039' 44" E, 15.34 feet from the comer of Lot No.5 and Lot No. 20; thence into and through Hillcrest Drive and Martin Road the following eleven courses and distances: S 6Y 41' 45" W, 56963 feet to a point; S 90 52' 20" W, 22.37 feet to a point; S 630 48' 27" W, 11.42 feet to a point; by a curve to the left having a radius of 20,00 feet a chord bearing S 18043' 58" W, 28.32 feet, an arc length of 31.47 feet to a point; S 26' 20' 30" E, 274.34 feet to a point; N 280 27' 56" W. 271.62 feet to a point; N 9052' 20" E, 69.25 feet to a point N 63048' 27" E, 505.14 feet w a point; by a curve tei the left haVh"1g a radius of 5.00 feet, a chord bearillg N 330 15\ 11" E, 5.08 feet, an arc length of 5.33 feet to a point; by a CUrve to the right having a radius of 39.50 feet, a chord bearing N 50 40' 03"E, 4.09 feet, an arc length of 4.09 feet to a point; N 630 42' 04" E, 64.76 feet to a POinI; by a curve to the right having a radius of 39.50 feet, a chord bearing S <i50 40' 07" E, 21.20 feet, an arc length of 21.46 feet to a point, th.e Place of BeginI1ing, Exhibit "B" The above described lines being the perimeter of a permanent easement of total width of 20 feet. Also included are additional widths as shown on the attached plat, on both sides of the permanent easement for the purposes of construction only. Total area of right-of-way 25761.37 sq. feet. Easement lines to be as shown on the plat attached hereto and made a part of this description. "----,----~._---~----------'-_._-_._-----_._-------- ------------------- ,,,,,..__,.r,,'-''''_V''''' -<'...~-........~"----..., "",,, , ' . _..-(.....~;J~ ~~~~~~ g:~l:.';~~:.:.. ~~~~~~ " 0' 0 0 ~"T1~"t\f-' - ~ Z'~-l>- .1;:" ::E tl",,1;:'..... ~ot:io :oZ:;:IJZ 1'1'I"'tJ1"I'1J ~ ~ d d ~ ~ r<I ~ ~ ::? ~~-~~ czt~O ;:000(/'1-< ~ ~ 8<7i~"'U z:\b~S ~~Zif,; ~co~ ~~n ~~~ ax~ ~ . ~ ~ aox ;00;:,"" ~o> ~ n ~g~ ~~~ gg~ -g~ ~~ " ~I~. ~ 'i'B~~ . ~i~ h . ,,- iO"! :;~ ';:: 0" "0 J.?i ~~ ~.I ~.i' " ~Ili ~ tilil" . U,~ i. i ~ ~~ " :!~ ~ '-2 ' ~~~ t! 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C;;:-::1 "-" o .en _-l ~F _0:1,,1 ::-{j'(-=' C:~(~) \ ~::: G' ", 0', r- I '-:';~ ~ '. ) "ri t (~ -..l :D -< IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AMENDED AFFlDA VlT OF SERVICE I, WILLIAM E. MILLER, JR., hereby certify tbat I am a member oftbe Cumberland County Bar and Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that I personally served copies oftbe following documents in tbe above captioned eminent domain proceedings by mailing tbem via U. S, postal service, first class mail, postage prepaid to: Daryl A Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 James H. Thoma and Eva F, Thoma 10 Hillcrest Drive Bowmansdale, PA 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, PAl 7008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Darryl E. and Kathleen K Evans 2 Hillcrest Drive Bowmansdale, PA 17008 David G, Parry 13 North Second Street Bowmansdale, P A 17008 Tammy L. Lindsay 91 Second Street Bowmansdale, PA 17008, adjoining property owners who share reversionary interest in the undedicated private roads, Hillcrest Drive and Martin Road, in the Village ofBowmansdale. L Notice to Condemnees of Filing of Declaratiotl of Taking, 2, Declaration of Taking. 3. Notice to Recorder of Deeds of Filing of Declaration of Taking. The above listed documents were originally mailed on 25 August 2005 to the above listed individuals and others. The documents mailed to the above listed individuals were returned as undeliverable. Further investigation revealed that the above listed individuals use the Bowmansdale Post Office, not the Mechanicsburg Post Office. The documents were then mailed to the corrected addresses as listed above on 29 August 2005. MILLER & ASSOCIATES, PC Date: 29 August 2005 ~-~ --~ p Solicitor Alicia S. Miller, Assis ownship Solicitor Attorney ID 07220 d 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 PRIVATES ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAlN PROCEEDINGS - IN REM MEMORANDUM OF RECORDING TO THE PROTHONOTARY: Please be advised that in accordance with Section 404 of the Eminent Domain Code, 26 P.S, 9 1-404, you are hereby notified that the Notice to Recorder of Deeds of Filing of Declaration of Taking in the above captioned matter is now recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Record Book 720, Page 922. Date: 30 August 2005 MILLER & ASSOCIATES, PC -------= William E. Miller, Jr, T ship Solicitor Alicia S. Miller, Assis t Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, P A 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township AFFlDA VIT 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, andthat I personally served a copy of the Memorandum ofReconhng in the above captioned eminent domain proceedings by mailing them via US. postal service, regular mail to: Daryl A Shaffer and Maria C, Shaffer P,O. Box 159 Bowrnansdale, P A 17008 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowrnansdale, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowrnansdale, P A 17008 William R, Charron and Kathleen H. Charron 14 Hillcrest Drive Bowrnansdale, P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Judith A Leathery 25 Hillcrest Drive Mechanicsburg, P A l7055 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowrnansdale, P A 17008 Darryl E. and Kathleen K. Evans 2 Hillcrest Drive Bowrnansdale, P A 17008 David G, Parry 13 North Second Street Bowrnansdale, PA 17008 Tanuny L. Lindsay 91 Second Street Bowrnansdale, P A 17008 MILLER & ASSOCIATES, PC Date: 30 August 2005 ~;Z. William E. Miller, Jf., T ship Solicitor Alicia S. Miller, As' t Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township r-' c:;.'} 'if, ~;::~ '- c..} - ~?~~ q, -' ~1C., -n\() "1 T '_::-'~, (':-\ , ~. :l- '''');:;:;, 4~'7 (dol ~j \ w " ~~2. - (,..;.\ IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM PETITION FOR WRIT OF POSSESSION TO THE HONORABLE nJDGES 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: I. A Declaration of Taking in the above captioned matter was filed on 24 August 2005, in the Court of Common Pleas, Cumberland County, whereby a portions of Hillcrest Drive and Martin Road (portions of Martin Road are also known as Second Street), undedicated for public use, private streets in the Village of Bowmansdale were condemned for the sole purpose of establishing a sewerright-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 Hillcrest Drive and Martin Road (portions of Martin Road are also known as Second Street), undedicated for public use, private roads in the Village of Bowmansdale. 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, and have been for many years maintained by the Township although no deeds of dedication have been offered to the Township and there is no record of any ordinances accepting dedication. 5. Hillcrest Drive and Martin Road were created as private access roads for the Orchard Terrace subdivision and all of the residents share all maintenance and repair costs. 6. Because the condemned real property is located in its entirety in undedicated for public use, private roads, there is no owner of record of the road property. 7. A Notice to Condemnees of Filing of Declaration of Taking was filed and served upon Condemnees on 26 August 2005. 8. Condemnees are those individuals who own property abutting Hillcrest Drive and Martin Road subject to condemnation and who, as owners of lots created by the Orchard Terrace subdivision, hold collective easements across all of Hillcrest Drive and Martin Road for ingress and egress purposes and who hold a right of reverter should Hillcrest Drive and Martin Road be abandoned as a private right-of-way. 9. Pursuant to Section 407(a) ofthe Pennsylvania Eminent Domain Code, 26 P.S. 91-407(a), the Township is entitled to possession of the subject property upon payment of just compensation. 10. Just compensation is defined in the Pennsylvania Eminent Domain Code as "the difference between the fair market value ofthe 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, 91-602(a). II. Condemnees' present interest in the real property located in Hillcrest Dri ve and Martin Road is limited to a right-of-way easement held by all residents ofthe subdivision for ingress and egress use by any and all Condemnees and a right ofreverter to the mid-line of Hillcrest Drive and Martin Road if the real property were to be abandoned as a private right-of-way. . 12, Because the residents of Orchard Terrace have a collective interest in the right-of-way in Hillcrest Drive and Martin Road and therefore hold easements that are not about to imminently end, Condemnees' individual reversionary interest has no fair market value. See In re: Condemnation bv Redevelopment Authoritv , 20 Pa, D. & C. 3d 430, 442 (Monroe County 1981). \3. As a result, the Township can make no offer to pay just compensation to Condemnees because their respective interests have no fair market value, 14. 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 condemnation of the portion of Hillcrest Drive and Martin Road necessary for a sewer easement to be One Thousand Six Hundred and Forty-Six Dollars ($1,646.00). 15. The calculation is based upon a payment of One Dollar ($1.00) per lineal foot of real property in Hillcrest Drive and Martin necessary for the installation of, or future installation of, a sanitary sewer system to service the Orchard Terrace subdivision and the Village of Bowmansdale. 16. In exercising its power of eminent domain, the Township is seeking to establish a sewer right-of-way only. 17. 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 Hillcrest Drive and Martin Road to its current condition, that of a private road in the Village of Bowmansdale. 18, Attached to this Petition is a copy of the check issued by Upper Allen Township, and to be paid upon the signing of the order attached hereto, to the Prothonotary of Cumberland County in the amount of One Thousand Six Hundred and Forty-Six Dollars ($1,646.00), A copy of said check is attached hereto and made a part hereof and marked as Exhibit "A," 19. The Township demands possession of said premises, conditioned upon payment into the Prothonotary of One Thousand Six Hundred and Forty-Six Dollars ($1,646,00), for the use and benefit ofthose 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 grant a rule upon Condemnees to show cause why a Writ of Possession conditioned upon payment to the Prothonotary of One Thousand Six Hundred and Forty-Six Dollars ($1 ,646.00) for Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, shall not issue or, in the alternative, this Petitioner prays that Your Honorable Court orders a Writ of Possession conditioned upon payment to the Prothonotary of One Thousand Six Hundred and Forty-Six Dollars ($1,646.00) for Condemnees and those individuals whose interests are not yet apparent, as their interests may appear. Respectfully submitted, Date: 2- Perf ,YlOey D5 ~ , c" ,~ "'Z -..--.--.--.----------.. 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, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township "':;;.. ^! <::t c.D c.D o o o ,=- :"-1 o o CO ..,. "'. ~ ~:~ "t~ ~" · ~) ~;. ~,~ ~ ~ ru U) o o !:::' r-- ~ ~ ~ ...,. . CO , CO IT o o o J .IT i.... . . .. . ~ C'- .!1l 0 J 0 ,J ,. '- ,- a 'ru - 0 0 - ~ ~ - - r1"I ~ - 0 ,~ 0 ... - ,-, .. -, '0 r1"I - <: .. ~ -. C1l 0 ~., '. x .. .' ," U5 -':..: >. ~ " 1:0 , ~ "' 0 ~ J - LL C <ll '0 ::> <ll <D - 0 i; 0 U 0 <: >- '0 0 ::> ~ C1l <: 0 :I: 0 C1l x <: ~ ~ U5 0 .0 .<: E '0 0 <: ~ ::> C1l D- U <f) ::> 0 .<: f- <D <: 0 . . . Exhibit "A" ~, i'-) " ;:::;:1 I r,,) (. L' ,5 "'.. .. .. PEe 0 5 2005 IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF M i ALLEN TOWNSHIP FOR SEWER: CUMBERLAND COUNTY, PENNSYL VANIA RIGHT-OF-WAY OF LAND IN UNDEDlCATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AND NOW, this (, ~ RULE dayof ~ ,2005, upon consideration of the foregoing petition, a Rule is granted upon Condemnees, Daryl A. Shaffer and Maria C. Shaffer, James H, Thoma and Eva F, Thoma, Betty L. Bachman, William R. Charron and Kathleen H. Charron, Jerri L Bitner, Judith A. Leathery, Roy D. Sloan and Madge W. Sloan, Darryl E. and Kathleen K. Evans, David G. Parry, and Tammy L Lindsay, 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 One Thousand Six Hundred and Forty-Six Dollars ($1,646,00) 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. Rule retum~ble ~he 0__ Id-~ dayofr'o) ~Oc)lt, r:::r,/.'r;o;.A.~~ "#'>1 fU ~ ~ ~/ (,:.1- -t.J ;"') I )DU J, I'" \e"-' .~' ,..,. \ --- ----------- IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-Of-WAY Of LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM 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 I personally served a copy ofthe Petition for Writ of Possession in the above captioned eminent domain proceedings by mailing them via U.S, postal service, regular mail to: Daryl A. Shaffer and Maria C. Shaffer P.O, Box 159 Bowmansdale, P A 17008 Judith A, Leathery 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D, Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E, and Kathleen K, Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale, PA 17008 MILLER & ASSOCIATES, PC Date: f Dee 2005 7'2 e-/ ' L.-----------... 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 < ~'t C~) .. cr. (.-i IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICA TED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AMENDED 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 I personally served a copy 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: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, PA 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, PA 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, PA 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, PAl 7008 Darryl E. and Kathleen K. Evans 2 Hillcrest Dri ve Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hlllcrest Drive Bowmansdale, PAl 7008 David G. Parry 13 North Second Street Bowmansdale" P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale" PA 17008 Because of inadvertent misaddressing of the Petition for Writ of Possession for one or more of the above listcd Condemnees, served upon the Condemnees on 7 December 2005, it is now necessary to serve all of the above listed Condemnees with the Petition for Writ of Possession, origmally flIed 2 December 2005, for a second time to insure that all of the Condemnees have in fact received the Petition for Writ of Possession. MILLER & ASSOCIATES, PC Date: I i-\ Dee nYl \get,-- 21)05 .,~.._-~-_..---.::> ___------------ c- c- 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 RlGHT-OF-WAY OF LAND IN UNDEDICATED PRlV ATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AND NOW, this "" ORDER /1- daYOf_~~ ~() G, a Writ , of Possession is issued for premises in Hillcrest Drive and Martin Road, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania against Condemnees, Daryl A Shaffer and Maria C. Shaffer, James H. Thoma and Eva F. Thoma, Betty L. Bachman, William R. Charron and Kathleen H. Charron, Jerri L. Bitner, Judith A Leathery, Roy D. Sloan and Madge W, Sloan, Darryl E. and Kathleen K. Evans, David G. Parry, and Tammy L. Lindsay; provided, however, the Prothonotary first receive the sum of One Thousand Six Hundred and Forty-Six Dollars ($1 ,646.00) from Upper Allen Township, for the use of Condernnees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom. TI~ J. J:O (0 0\' \ ~ ..) ~ , ---, -' \'-, 9J) ~ ~ ()o c:C 0 1- -/ --' , -\+- -=.> ~ ,oJ14- fl ... ~-.J r~ .. '----' -' -:J-- '-' ---::J ~ c'"' -...) J- -"",. if .....j . ---) c5 - L'_ "-.,,,', 0 ~.~ .~ ,~:- ::, l;:'-J - (.J c,u ~~ CL~ , IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-4339 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO ISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: On 12 January 2006, the Honorable Edward E, Guido issued an Order in the above captioned matter issuing a Writ of Possession to Upper Allen Township for lands in Hillcrest Drive and Martin Road, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania conditioned upon payment to the Prothonotary ofthe sum of One Thousand Six Hundred and Forty- Six Dollars ($1646.00). The 12 January 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. On 12 January 2006, the Prothonotary issued a receipt for payment 0 f 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 Sherjffupon the following Condemnees: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A Leathery , 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F, Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 /' Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty L Bachman I 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E, Evans and Kathleen K. Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 . Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: Il Fe brv(\,'2j 2.00 (p c:::;;; William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, P A 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER: CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN UNDEDICA TED PRIV ATE ROADS IN THE VILLAGE OF BOWMANSDALE NO. 05-4339 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM AFFIDAVIT OF SERVICE I, ALICIA S. MILLER, hereby certify that I am a member of the Cwnberland County Bar and Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that I personally served a copy 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: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E, and Kathleen K. Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R, Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: II Fe \;YVOv~ WDrp & William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street CampHiIl,PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township . IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER : CrnvffiERLM'D COUNTY, PENNSYL VANIA RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BO\VMANSDi\LE : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AND NOW, this -m ORDER I~ daYOf_~~ ;k;o G, a Writ , of Possession is issued for premises in Hillcrest Drive and Martin Road, Village of Bow mans dale, Upper Allen Township, Cumberland County, Pennsylvania against Condemnees, Daryl A Shaffer and Maria C. Shaffer, James H. Thoma and Eva F. Thoma, Betty 1. Bachman, William R. Charron and Kathleen H. Charron, Jerri 1. Bitner, Judith A. Leathery, Roy D. Sloan and Madge W. Sloan, Darryl E. and Kathleen K. Evans, David G. Parry, and Tammy 1. Lindsay; provided, however, the Prothonotary first receive the sum of One Thousand Six Hundred ana Forty-Six Dollars ($1 ,646.00) 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. /~ // L~" --~ J. Alicia S, Miller, Esquire MILLER & ASSOCIATES, PC Assistant Township Solicitor Attorney for Condemnor, Upper Allen Township Exhibit "A" . RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Coun::y Prothonotary's Office Carlisle, Pa 17013 ReceiDt Date Receipt Time Receipt No. 1/12/2006 13:24:25 172867 UPPER ALLEN TOWNSHIP FOR SEWER (VS) Case Number 2005-04339 Received of RKS PD BY UPPER ALLEN TOWNSHIP Total Non-Cash,.,., + Total Cash,...,.,., + Change. , . , , . . . . . , .. - Receipt total,.,. ". 1,646.00 .00 ,00 1,646.00 Check# 664 ....--------------------- Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 1,646.00 PROTHONOTARY ESCROW 1,646,00 Exhibit "B" ~ ~ ~ ~ '-~ '-- ~ "-. " ~ ~ '\() ~ ~ -..;. ~ (:) ~ '?, '" p '" ,""" '" ~ ........"'C- ~ ~. '!\ ~, '3 \__ r:, ~ <:- '~ .~ ., '~ ;:;;;- :-:i i"\ --0 ~, r~"" ~:.) ~l <! (,,) '~'\\ "_---1 \ -' ~ '\ ; ~', \ ':--'''' ,......., '.2 -- lof2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Upper Allen Township for Sewer Right-of-Way of Land in an Undedicated Public Alley in the Village ofBowrnansda1e for lands in Hillcrest Drive and Martin Road VS. No. 05-4339 Civil Term_ Daryl A. & Maria C, Shaffer; James H. & Eva F. Thoma; Betty L Bachman; William R.& Kathleen H. Charron; Judith A. Leathery; Roy D. & Madge W, Sloan; Darryl E. & Kathleen K. Evans; David G. Parry; Jerri L. Bitner; Tammy L. Lindsay Costs Attorney's Plaintiff's Prothonotary $ $ 70.50 $ 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)) Upper Allen Township for Sewer Right-of-Way ofland in an Undedicated Public Alley in the Village ofBowrnansdale for lands in Hillcrest Drive and Martin Road being: (Premises as follows): Daryl A. & Maria C, Shaffer, P,O. Box 159, Bowrnansdale, PA 17008; James H. & Eva F. Thomas, 10 Hillcrest Drive, Bowrnansdale, P A 17008; Betty L. Bachman, 17 Hillcrest Drive, Bowrnansdale, P A 17008; William R. and Kathleen H. Charron, 14 Hillcrest Drive, Bowmansdale, P A 17008; Judith A, Leathery, 25 Hillcrest Drive, Bowmansda1e, P A 17008; Roy D. Sloan and Madge W. Sloan, 24 Hillcrest Drive, Bowmansdale, PA 17008; Darryl Evans and Kathleen K. Evans, 2 Hillcrest Drive, Bowrnansdale, P A 17008; David G. Parry, 13 North Second Street; Bowrnansdale, P A 17008; Jerri L. Bitner, 20 Hillcrest Drive, Mechanicsburg P A 17055 and Tammy L. Lindsay 91 Second Street, Bo"mansdale, PA 17008 . ~ (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, P A Date February 17, 2006 (Seal) By: Beckv Hetrick Deputy '~""'" 'r;JJ2c:z:rpy ;e}1.'j!! f1'2'C'." " ;.,...., "Jli :~~t:., ~'."-~ . u.,; J~).il1 ,::';i S:_~i..~ ,;:r'~,,"'f' '~r"~',- ),.t "" i::'Y ,)~JJ1~~,~", t'11*~' , "", . - .."" . {'Orct:t';-::..-:f~~_6t-j . , ...., . ~ ft1 . ~ 20f2 No 05-4339 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA UPPER ALLEN TWP FOR SEWER RlGHT-OF-WAY OF LAND IN UDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE, FOR LANDS IN HILLCREST DRlVE AND MARTIN ROAD VS. DARYL A. AND MARIA C. SHAFFER; JAMES H. THOMA AND EVA F. THOMA; BETTY L. BACHMAN; WILLIAM R. CHARRON AND KATHLEEN H. CHARRON; JUDITH A. LEATHERY; ROY D. SLOAN AND MADGE W. SLOAN; DARRYL E. EVANS AND KATHLEEN K. EVANS; DAVID G. PARRY; JERRI L. BITNER; AND TAMMY L. LINDSAY 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 cansed the witlrin 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 Deputy Prothonotary . - 101'2 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 for lands in Hillcrest Drive and Martin Road VS. No. 05-4339 Civil Term_ Daryl A. & Maria C. Shaffer; James H. & Eva F. Thoma; Betty L. Bachman; William R.& Kathleen H. Charron; Judith A. Leathery; Roy D. & Madge W. Sloan; Darryl E. & Kathleen K. Evans; David G. Parry; Jerri L. Bitner; Tammy L. Lindsay Costs Attorney's Plaintiff s Prothonotary $ $ 70.50 $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: 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 Hillcrest Drive and Martin Road being: (Premises as follows): Daryl A. & Maria C. Shaffer, P.O. Box 159, Bowmansdale, PA 17008; James H. & Eva F. Thomas, 10 Hillcrest Drive, Bowmansdale, P A 17008; Betty L. Bachman, 17 Hillcrest Drive, Bowmansdale, PA 17008; William R. and Kathleen H. Charron, 14 Hillcrest Drive, Bowmansdale, P A 17008; Judith A. Leathery, 25 Hillcrest Drive, Bowmansdale, P A 17008; Roy D. Sloan and Madge W. Sloan, 24 Hillcrest Drive, Bowmansdale, P A 17008; Darryl Evans and Kathleen K. Evans, 2 Hillcrest Drive, Bowmansdale, P A 17008; David G. Parry, 13 North Second Street; Bowmansdale, P A 17008; Jerri L. Bitner, 20 Hillcrest Drive, Mechanicsburg P A 17055 and Tammy L. Lindsay 91 Second Street, Bowmansdale, P A 17008 . - (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property ofthe defendant (s) and sell his/her (or their) interest therein. Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, P A Date February 17. 2006 (Seal) By: Beckv Hetrick Deputy :~ .'I"'r'''-r,\'~ ,--;_ '" "-',)"'-,}''''f t....~,;;:. <:.,;! HE~~,F1' ....,; . ,"'...... ;; ..:~'::'- }iJ.t.11 :r;i '::,.;o,~::~ ~14' i"'~!,',,, '~ J~n./ ~"?'t"" ~';"/r> I." '~A8J~~J(:"~'" - -~ <".-,' --" ,~ ";, ~r.V~;"',,,,,,,'k, ~ '_. " , ....-" ;'''"~1",.,':.t:i~ '1 20f2 No 05-4339 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TWP FOR SEWER RlGHT-OF-W A Y OF LAND IN UDEDICATED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE, FOR LANDS IN HILLCREST DRIVE AND MARTIN ROAD VS. DARYL A. AND MARlA C. SHAFFER; JAMES H. THOMA AND EVA F. THOMA; BETTY L. BACHMAN; WILLIAM R. CHARRON AND KATHLEEN H. CHARRON; JUDITH A. LEATHERY; ROY D. SLOAN AND MADGE W. SLOAN; DARRYL E. EVANS AND KATHLEEN K. EVANS; DAVID G. PARRY; JERRI L. BITNER; AND TAMMY L. LINDSAY WRIT OF POSSESSION p.R.e.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 (5) 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 > IN RE: CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4339 CIVIL ACTION-LAW EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: On 12 January 2006, the Honorable Edward E. Guido issued an Order in the above captioned matter issuing a Writ of Possession to Upper Allen Township for lands in Hillcrest Drive and Martin Road, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania conditioned upon payment to the Prothonotary ofthe sum of One Thousand Six Hundred and f orty- Six Dollars ($1646.00). The 12 January 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. On 12 January 2006, the Prothonotary issued a receipt for payment ofthe 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: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansda1e, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowrnansda1e, P A 17008 Betty 1. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E. Evans and Kathleen K. Evans 2 Hillcrest Drive Bowmansda1e, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansda1e, P A 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 ./' Jerri 1. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy 1. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: I fVlaxe-.n 200(.:. ~~ ~ William E. Miller, Jr., Township Solicitor AliciaS. Miller, Assistant Township Solicitor Attorney ID 07220 and 82099 1822 Market Street Camp Hill, P A 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township .... IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER: CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN UNDEDlCA TED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE : NO. 05-4339 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 Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and that I personally seryed a copy of the Praecipe to Enter Judgment in the above captioned eminent domain proceedings by mailing them via U.S. postal seryice, regular mail to: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty 1. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E. and Kathleen K. Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 David G. Parry 13 North Second Street Bowmansda1e, P A 17008 Jerri 1. Bitner 20 Hillcrest Drive Mechanicsburg, PA 17055 Tammy 1. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: \ Movvt.'V\ '2..00(., A/?h 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 ..- N RE CUNDEIYfNATIO'N BY lliPER .ALLEN TO'W1-JShlP FOR SEW loR RIGHT-OF-W.A.Y OF LAND IN LT\'DEDICATED PRIVATE RO'.AIlS IN THE VILLAGE OF BO'Vi/1YLA.l'iSDALE IN THE COliRT OF COMMON PLEAS OF C1JMBERLAl'-iTI COl:1-JTY, PEN'NSYL V A..."-<1A NO'. 05-4339 . CIVIL ACTION-LAW . EMfri"'ENT DOM.AIN PROCEEDINGS -lli REM ORDER day of 8b~ of Possession is issued for premises in Hillcrest Drive and Martin Roac, Village of Bow mans dale, A~n NOVl, this I~tf. -L..,O ~ ,,,",;, ~ ,aYY~L. Upper Allen Tov/nship, Cumberland County, PennsylvaniaagalIlst Condemnees, Dar-yl A. Shaffer a11d Mana C. Shaffer, James H. Thoma and Eva F. Thoma, Betty L. Bachma.'1, Wiilia.c'11 R. Charron arld Kathleen H. Charron, Jerri L. Bitner, Judith A. Leathery, Roy D. Sloan and Madge W. Sloan, Darryl E. and Kathleen K. Evans, David G. Parry, and Ta.'Iuny L. Lindsay; provided, however, the Prorhonotarj first recei ve the sum of One Thousand Six Hund,ed alid Forty-Six Dollars ($1,646.00) from LIpper pJ.len Township, for the use ofCondemnees and those L.l.d.ividuals \vhose interests are not yet apparent, as their interests may appear, without any fees or commissions deductible therefrom, /~\ // 9')7 THE COURT:/ L--::~~~( ~g 1. Alicia S. Miller, Esquire MILLER & ASSOCIATBS, PC Assistant TOWGship Solicitor Attorney for Condemnor, Upp2r Allen Township Exhibit "A" . RECEIPT FOR PAYMENT ------------------- ------------------- CuLT~")erlc.Ild CC~..lnLY ?rotD.OEot2-r~ll s Carlisle, Pa 17013 - Ofi:ice Receipt ReceiDt "2.eceif't n~....--. .:..Jc,,-c Time No. '/-~/~rrr _ -"-L L-JIJo 13:24:25 172867 UFFEE .0_SLEi:; TOWNSHIP FO?_ SEWEE (VS) Case Number 2005-04339 Received of RKS PD BY U~PER AT,LEN TOWNSSIP Tota.2. Non-C2.sh. 70tal Cash.. . _ Change. . . . . . . . ~ 1,646.00 .00 .00 Cneck# 654 -i- Receipt total..._ 1,646.00 .--~-~---- ------------- Distr2-butio!1 Of payrnent -- --~----------~------~----- Trarrsactio~ Description :?a}!1Tter,l..t -Amount 50~j) 1,646.00 PROTHONOT}l.RY ESCROW 1,646.00 Exhibit "B" ,....... '-..' ( ~ '\, - r ~ ~ - 'J ~ >_J ~ " IS I \ -.- ~ "-. D - . rl, ~ '\' f',; ,Ii ~ ~ "l' \'\ <~ ,- ~ " . f(j IN RE: CONDEMNATION BY UPPER : IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE : NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO ISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: On 12 January 2006, the Honorable Edward E. Guido issued an Order in the above captioned matter issuing a Writ of Possession to Upper Allen Township for lands in Hillcrest Drive and Martin Road, Village of Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania conditioned upon payment to the Prothonotary ofthe sum of One Thousand Six Hundred and Forty- Sif Dollars ($1646.00). The 12 January 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. On 12 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. A Praecipe to Enter Judgment was issued 1 March 2006. The Praecipe to Enter Judgment is attached hereto as Exhibit "C" and incorporated by reference. Therefore, please issue the Writ of Possession for service by the Sheriff upon the following Condernnees: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 11 Hillcrest Drive Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, PA 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E. Evans and Kathleen K. Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Date: 4/27(010 David G. Parry 13 North Second Street Bowmansdale, PAl 7008 Tammy L. Lindsay 91 Second Street Bowmansdale, P A 17008 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 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township IN RE: CONDEMNATION BY UPPER ALLEN TOIVNSHIP fOR SEWER RIGHT-Of-WAY OF LA-NIl IN UNDEDICATED PRlVATE ROADS IN THE VILLAGE OF BOWMANSDALE IN THE COURT Of COMIvfON PLEAS Of CUMBERLAND COUNTY, PENNSYL V AN1A NO. 05-4339 : CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AND NOW, this 1A ORDER /1- . daYOf_3~ ;k;o (., a Writ , of Possession is issued for premises in Hillcrest Drive and Martin Road, Village of Bow manS dale, Upper Allen Township, Cumberland County, Pen..Tlsylva.'1ia against Condemnees, Daryl A. Shaffer and Maria C. Shaffer, James H. Thoma and Eva F. Thoma, Betty 1. Bachman, William R. Charron and Kathleen H. Charron, Jerri 1. Bitner, Judith A. Leathery, Roy D. Sloan and Madge W. Sloan, Darryl E. and Kathleen K. Evans, David G. Pany, and Tammy 1. Lindsay; provided, however, the Prothonotary first receive the sum of One Thousand Six Hundred ana Forty-Six Dollars ($1,646.00) 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. .6=-) ~~- --_._--_.__._..._~--~ J. Alicia S. Miller, Esquire MILLER & ASSOCIATES, PC Assistant Township Solicitor Attorney for Condemnor, Upper Allen Township Exhibit "A" RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 UPPER ALLEN TOWNSHIP FOR SEWER (VS) Case Number 2005-04339 Received of RKS PD BY UPPER ALLEN TOWNSHIP Total Non-Cash..... + Total Cash......... + Change. . . . . . . . . . . .. - Receipt total.... .;. = 1,646.00 .00 .00 Check# 1,646.00 Receipt Date Receipt Time Receipt No. 664 1/12/2006 13:24:25 172867 ------------------------ Distribution Of Payment ---------------------------- Transaction Description . Payment Amount BOND 1,646.00 PROTHONOTARY ESCROW 1,646.00 -~------------_.._----.,-----_.~- . . Exhibit "B" .~.. IN RE: CONDEMNATION BY UPPER : IN THE COURT OF COMMON PLEAS OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYLVANIA RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE PRAECIPE TO ENTER JUDGMENT : NO. 05-4339 : CIVIL ACTION-LAW 0 23 C' : EMINENT DOMAIN PROCEEDING.&- W'REM . --I 0." T :;:,:;1 hlf2 :R ~]] Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, P A 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansda1e, PA 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansda1e, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, PA 17008 Darryl E. Evans and Kathleen K. Evans 2 Hillcrest Drive Bowmansda1e, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, FA 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 Exhtb~t "C" Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: I r'v')O,,}{-cA'1 2.00(.... ~~ ~ William E. Miller, If., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ill 07220 and 82099 1822 Market Street CampHill,PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township IN RE: CONDEMNATION BY UPPER : IN THE COURT OF C0M110N PLEAS OF ALLEN TOWNSHIP FOR SEWER : CUMBERLAND COUNTY, PENNSYL VANIA RlGHT-OF-WAY OF LAND IN UNDEDICATED PRlV ATE ROADS IN THE VILLAGE OF BOWMANSDALE : NO. 05-4339 CIVIL ACTION-LAW : EMINENT DOMAIN PROCEEDINGS - IN REM AFFIDAVIT OF SERVICE I, ALICIAS. MILLER, hereby certify that I am a member of the Cumberland County Bar and Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania, and thatI personally seryed a copy of the Praecipe to Enter Judgment in the above captioned eminent domain proceedings by mailing them via U.S. postal service, regular mail to: Daryl A. Shaffer and Maria C. Shaffer P.O. Box 159 Bowmansdale, P A 17008 Judith A. Leathery 25 Hillcrest Drive Mechanicsburg, PA 17055 James H. Thoma and Eva F. Thoma 10 Hillcrest Drive Bowmansdale, P A 17008 Roy D. Sloan and Madge W. Sloan 24 Hillcrest Drive Bowmansdale, P A 17008 Betty L. Bachman 17 Hillcrest Drive Bowmansdale, P A 17008 Darryl E. and Kathleen K. Evans 2 Hillcrest Drive Bowmansdale, P A 17008 William R. Charron and Kathleen H. Charron 14 Hillcrest Drive Bowmansdale, P A 17008 David G. Parry 13 North Second Street Bowmansdale, P A 17008 Jerri L. Bitner 20 Hillcrest Drive Mechanicsburg, P A 17055 Tammy L. Lindsay 91 Second Street Bowmansdale, P A 17008 MILLER & ASSOCIATES, PC Date: \ tV\cu'c,!;,\ Wo,,", ~/h William E. Miller, Jr., Township Solicitor Alicia S. Miller, Assistant Township Solicitor Attorney ill 07220 and 82099 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 Attorneys for Condemnor, Upper Allen Township ",?)~,-j'/ .? j" IN RE CONDElvwATION BY U-"PER . / ALLEN TOWNSf'::IP FOR SEW:cR IUGHT-OF-yVAY OF LA.!'1u IN Dl'-I'DEDlCATED PRIVATE RO/illS IN IF.2:- VILLAGE OF BOVlMA-NSDALE IN THE CO'CJRT OF COMM:ON PLRAS OF CUMBERLA-'Nu COLJNTY, PEN-:NSrL V AJ.'<L"-.. NO'. 05-4339 . CIVIL ACTION-LAW : EMINbNT DOM.A.IN PROCEEDINGS - IN REM ORDER dayof C b"'~ of possession is issued for premises in Hillcrest Drive and Martin Road, Village ofBowman.sdale, A-ND NOW, this /~tA ;Mo ~ ,a Writ Upper Allen TOWT'.ship, Cumberland County, Pennsylvania against Condem.1.ees,Da.,,)'L A. Shaffer and Maria C. Shaffer, James H. Thoma and Eva F. Thoma, Betty 1. Bachman, Willia..'TI R. Charron and Kathleen H. Charron, Jerri 1. Bitner, Judith A. Leathery, Roy D. Sloan and Madge W. Sloan, DanylE. and Kathleen K. Evans, David G. Parry, and TW1-I!lY 1. Lin.dsay; provided, however, the Prothonotaryfustreceive the sum of One ThousandSlx Hundred :mdFo, ,y-Six Dollars ($1,646.00) from Upper Pllen Township, for the use of Condemnees and those individuals whose interests are not yet apparent, as their interests may appear, without any fees or cOlnmissions deductible therefrom. ~\. ~COURT: // ~S ~ J. Alic~a s. M~ller, Esquire MILLER & ASSOCIATES, PC Assistant Township Solie iter " Attorney for Condemnor, Upper Allen Township Exhibit "A" RECEIPT FOR PA-~~NT ~~========~=======; Cumberl and C07.l.!..""1ty Prothonotc.J:'Y I s Carlisle} Pa 17013 Office Receipt Receiot ":Receipt Date ~. 11.me No. 1/12/2006 13:24:25 172867. UPPER ~LLEN TOWNS2IP FOR SEWER (VS) Case Number 2005-04339 Received of RKS PD EY UPPER ~~LEN TOWNSHIP Total Non-C~sh".... + Total C~sh... . . . . .. + Change. . . . . . . . . . . . . 1,646.00 .00 .00 Check# 664 Receipt tot~l.... .J. 1,646.00 __._________ -------______ Distribution Of Payment ____w_______________________ Transaction Description Payment '~_r:r.ount BOj)<lJ 1,646.00 PROTHONOTARY ESCROW 1,646.00 Exhibit "B" ~ 1", ,.. --r p ~~ 1:: w c:, -i.9. :- o c- (:.) 0- ,-'Q, ~ - t>-' l.r( o \ ~ :rJ \::\ II} V) fI) ~ - cc G \;-( l/) ~ r--- tI-i-lA. -- <rt - I~ -- Vl -0 ';'( ...0 Vt. 'c <:> () OfrlC \) C C C \ \ \ \ ~:0 __~?tF- - - 'l!:J ~ _ _ ":, ~,J~ - - '1-'4 ~;-; () ,.~:.... -n ,?"" ~-\ ~;; ~;f.; 11 :;:.J !,,) co \~-' <.....' ('-I ."1' >~~ ~~ .) - '-\ .- c-:-G ( ,'l ~,<., ~ ,. .'. Iof2 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 UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE VS. No. 05-4339 Civil Term_ Costs Attorney's Plaintiff s Prothonotary $ 413.50 $ $ 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 UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE being: (Premises as follows): DARYL A. SHAFFER AND MARIA C. SHAFFER, P.O.BOX 159, 11 HILLCREST DRIVE, BOWMANSDALE, PA 17008 - JUDITH A. LEATHERY, 25 HILLCREST DRIVE, MECHANICSBURG, P A 17055 - JAMES H. THOMA AND EVA F. THOMA, 10 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - ROY D. SLOAN AND MADGE W. SLOAN, 24 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - BETTY L. BACHMAN, 17 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - DARRYL E. EVANS AND KATHLEEN K. EVANS, 2 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - WILLIAM R. CHARRON AND KATHLEEN H. CHARRON, 14 HILLCREST DRIVE, BOWMANSDALE, P A 17008 _ DAVID G. PARRY, 13 NORTH SECOND STREET, BOWMANSDALE, P A 17008 - JERRI L. . BITNER, 20 HILLCREST DRIVE, MECHANICSBURG, P A 17055 - TAMMY L. LINDSAY, 91 SECOND STREET, BOWMANSDALE, PA 17008 (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 Prothono Date APRIL 28. 2006 (Seal) By: Irene Morrow Deputy 20f2 No 05-4339 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CONDEMNA nON BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND INUNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE VS. DARL A. SHAFFER AND MARIA C. SHAFFER - JUDITH A. LEATHERY - JAMES H. THOMA AND EVA F. THOMA - ROY D. SLOAN AND MADGE W. SLOAN. BETTY L. BACHMAN. DARRYL E. EVANS AND KATHLEEN K. EVANS - WILLIAM R. CHARRON AND KATHLEEN H. CHARRON - DAVID G. PARRY - JERRI L. BITNER - TAMMY L. LINDSAY WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheriff $ 413.50 $ $ 1.00 $ Plaintiff (s) attorney name and address: ALICIA S. MILLER, ESQUIRE MILLER & ASSOCIATES, PC 1822 MARKET STREET CAMP HILL, P A 17011 717-737-9210 I.D.# 082099 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 . Prothonotary By Sheriff Deputy - .... . named appurtenances, and PER ATTRY 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 WRIT OR' POSSESSlON RETURNED STAYED THIS DATE , Sworn and subscribed to before m~ this /Y ~ D.yof tC~; Sheriff's Docketing Surcharge Pro thy Return: 18.00 ,300:;00 1.00 319.00 , J~!i:l{} So Ans~~ ~ r~ Sheri By' Advance Costs: 450.00 Sheriff's Costs:319.00 131.00 Refun~eQ on 2/28/06 " ~ -" U> '"' "'" , 81 :1/ It Z . Z fll:f qUOl Vd ~(l ",', ... J J ''''i.}...... . :'-'l11i3HS :fH''/'" "~.JdJ"nJ .:103J/.:1.:10 3J Dll;'I Q,f] Ii n' - ~il./-.Jf;J"'~f!.'1 "" /," . ,;; 631.0 .. \ o~ l:..k. '15~dl .. {2u--. 1 200 No 05-4339 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA UPPER ALLEN TWP FOR SEWER RIGHT-OF- WAY OF LAND IN UDEDlCA TED PUBLIC ALLEY IN THE VILLAGE OF BOWMANSDALE, FOR LANDS IN HILLCREST DRIVE AND MARTIN ROAD VS. DARYL A. AND MARlA C. SHAFFER; JAMES H. THOMA AND EVA F. THOMA; BETTY L. BACHMAN; WILLIA..M: R. CHARRON AND KATHLEEN H. CHARRON; JUDITH A. LEATHERY; ROY D. SLOAN AND MADGE W. SLOAN; DARRYL E. EVANS AND KATHLEEN K. EVANS; DAVID G. PARRY; JERRI L. BITNER; AND TAMMY L. LINDSAY WRIT OF POSSESSION P.RC.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 witlrin 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 ,.. ,. ~- . , .. -,. lof2 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 ofBowmansdale for lands in Hillcrest Drive and Martin Road VS. No. 05-4339 Civil Term_ Dary] A. & Maria C. Shaffer; James H. & Eva F. Thoma; Betty L. Bachman; William R.& Kath]een H. Charron; Judith A. Leathery; Roy D. & Madge W. Sloan; Darryl E. & Kathleen K. Evans; David G. Parry; Jerri L. Bitner; Tammy L. Lindsay Costs Attorney's Plaintiff s Prothonotary $ $ 70.50 $ 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)) Upper Allen Township for Sewer Right-of-Way ofland in an Undedicated Public Alley in the Village of Bowmansdale for lands in Hillcrest Drive and Martin Road being: (Premises as follows): 1/ . Daryl A. & Maria C. Shaffer, P.O. Box 159, Bowmansdale, PA 17008; James H. & Eva F. , . , Thomas, 10 Hillcrest Drive, Bowmansda]e, PA 17008; Betty L. Bachman, 17 Hillcrest Drive, . . Bowmansdale, PAl 7008; William R. and Kath]een H. Charron, ] 4 Hillcrest Drive, Bowrnansdale, P A 17008; Judith A. Leathery, 25 Hillcrest Drive, Bowmansdale, P A ] 7008; , . Roy D. Sloan and Madge W. Sloan, 24 Hillcrest Drive, Bowmansda]e, P A 17008; Darryl Evans and Kath]een K. Evans, 2 Hillcrest Drive, Bowrnansdale, P A ] 7008; David G. Parry, ]3 North Second Street; Bowmansdale, P A 17008; Jerri L. Bitner, 20 Hillcrest Drive, Mechanicsburg P A 17055 and Tammy L. Lindsay 91 Second Street, Bowmansda]e, PA ] 7008 .,.- . . .. .- (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell hislher (or their) interest therein. Curtis R. Long Prothonotary, Common 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 UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE VS. No. 05-4339 Civil Tenn_ Costs Attorney's Plaintiff s Prothonotary $ 413.50 $ $ 1.00 COMMONWEALTH OF PENNSYL VANIA: 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 UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE being: (Premises as follows): DARYL A. SHAFFER AND MARIA C. SHAFFER, P.O.BOX 159, 11 HILLCREST DRIVE, BOWMANSDALE, PA 17008 - JUDITH A. LEATHERY, 25 HILLCREST DRIVE, MECHANICSBURG, P A 17055 - JAMES H. THOMA AND EVA F. THOMA, 10 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - ROY D. SLOAN A};TI) MADGE \V. SLOAN, 24 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - BETTY L. BACHMAN, 17 HILLCREST DRIVE, BOWMANSDALE, PA 17008 - DARRYL E. EVANS AND KATHLEEN K. EVANS, 2 HILLCREST DRIVE, BOWMANSDALE, P A 17008 - vVILLIAM R. CHARRON AND KATHLEEN H. CHARRON, 14 HILLCREST DRIVE, BOWMANSDALE, PA 17008- DAVID G. PARRY, 13 NORTH SECOND STREET, BOWMANSDALE, P A 17008 - JERRI L. ,a BITNER, 20 HILLCREST DRIVE, MECHANICSBURG, P A 17055 - TAMMY L. LINDSAY, 91 SECOND STREET, BOWMANSDALE, PA 17008 (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) inter C berland County, PA Date APRIL 28. 2006 (Seal) By: Irene Morrow Deputy ~ 20f2 No 05-4339 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY UPPER ALLEN TOWNSHIP FOR SEWER RIGHT-OF-WAY OF LAND IN UNDEDICATED PRIVATE ROADS IN THE VILLAGE OF BOWMANSDALE vs. DARL A. SHAFFER AND MARIA C. SHAFFER - JUDITH A. LEATHERY - JAMES H. THOMA AND EVA F. THOMA - ROY D. SLOAN AND MADGE W. SLOAN - BErry L. BACHMAN - DARRYL E. EVANS AND KATHLEEN K. EVANS - WILLIAM R. CHARRON AND KATHLEEN H. CHARRON - DAVID G. PARRY - JERRI L. BITNER - TAMMY L. LINDSAY WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheriff $ 413.50 $ $ 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 LD.# 082099 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 By virtue of this writ, on the _ day of , . I caused the within , to have possession of the premises described with the named appurtenances, and Writ ()f 9/22/0f> p()c:c:pssif1ln rptllrnpc1 Stayed, per Atty Swom and subscribed to before me this Day of Sheriff's Docketing Surcharge Prothy Milage Poundage ~~ Return , 18.00 300.00 1.00 19.36 6.77 I 345~13 /L~ ~/U/Oi ~~ ~'" '. ,,' '-.~-~~~ .( By 0r~rr~ \2 1 'brdt Advance Costs: 600.00 Sheriff's Office: 345.13 254.87 Refunded to Atty 9/22/06 ~ \.." , "^" .-.... "C: , ,-';~(..c GrL J D. ))'dY0L( ~~/.1