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HomeMy WebLinkAbout05-5872IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW A SANITARY SEWER SYSTEM NODS- Sp)-ZCIVIL 2005 IN REM DECLARATION OF TAKING The Hampden Township Sewer Authority, a municipal authority organized under the laws of the Commonwealth of Pennsylvania, files this Declaration of Taking and specifically declares as follows: The condemnor is Hampden Township Sewer Authority, whose office and principal place of business is located at 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. 2. This Declaration is filed pursuantto the authority of the Municipality Authorities Act of May 2, 1945, P.L. 382, No. 164, as amended (53 P.S. §301, et seq.). This Declaration is made by virtue of a Resolution duly authorizing the taking adopted by the Hampden Township Sewer Authority at a meeting held on November 9, 2005, at the above-mentioned office of condemnor, as will appear by reference to the minutes of said meeting filed at the aforesaid office of the Authority, where record of the adoption of the Resolution may be examined. The purpose of this condemnation and this Declaration of Taking filed incident thereto is to secure easements for the Hampden Township Sewer Authority, which easements are needed for the construction and installation of a sanitary sewer system. 5. Attached hereto as Exhibit "A" and made a part hereof are plans and legal descriptions of the easements necessary to be procured for the construction of said sanitary sewer system. The properties on which such easements are located are in the Township of Hampden, Cumberland County, Pennsylvania; and copies of aforementioned plans are, as of the date hereof, being filed in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, as amended. 6. The nature of the title acquired are easements over, across and through the properties described for the purpose of constructing, erecting and maintaining the aforesaid sewer system. 7. Plans describing the land hereby condemned are available and may be inspected at the office of the Authority, 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania. 8. Just compensation has been secured to the condemnees by the posting of Bond without surety in accordance with Section 403(a) of the Eminent Domain Code, Act of June 22,1964 (Special Session) P.L. 84, Article IV, [26 P.S. 1-403 (a)], as amended. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY B (/? L Y Chairm ??ct? 128165.1 2 p C>???? 1 fi!w-gin 1 G C Po s.,?, Icy, 1E -( 1n12 ?I-Lili?l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss Personally appeared before me, a Notary Public in and for said County and State, WILLIAM J. GREENE, who, being duly sworn according to law, deposes and says that he is the Chairman of the Hampden Township SewerAuthority, a municipality authority, that he is authorized to make this Affidavit on behalf of such Authority, and that the facts set forth in the foregoing Declaration of Taking, so far as they are within his personal knowledge, are true and correct, and as to the facts based upon the information of others, he believes them to be true and correct. William J. eene, Chairman Sworn to and subscribed before me this 49 M day of a,49 YI?iO?, 2005. Ofi Piz, 010- Ztmaz Notary ublic My Commission Expires ?----?--- Notarial Seal Choy, A, flichard, Notary Public City OP Harrisburg, Dauphin County MV Ccm ission Expires Oct. 15, 2006 tvlemly-- Pe r nsvW.m a Association Of Nobles BOND WITHOUT SURETY KNOW ALL MEN BY THESE PRESENTS, that Hampden Township Sewer Authority, a municipal authority organized and existing under the laws of the Commonwealth of Pennsyvlania (hereinafter called "Obligor"), is held and firmly bound unto the Commonwealth of Pennsylvania (hereinafter called "Obligee"), for the use and benefit of the owner or owners of the properties condemned as hereinafter noted and all other property and parties in interest for such amount of damages as the said owner or owners of said properties and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law because of securing easements across the properties set forth in the attached Exhibit "A" for the purpose of constructing, installing and maintaining a sanitary sewer system. To which payment well and truly to be made the Obligor does bind itself and its successors and assigns firmly by these presents. Sealed with its corporate seal and duly executed this 9' day of November 2005. NOW, the condition of this Bond is such that if the Obligor herein shall pay or cause to be paid such amount of damages as the said owner or owners of the properties in interest shall be entitled to receive by reason of the condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY By alv? Chairman 128166.1 EXHIBIT "A" PROPERTY OWNERS FROM WHOM EASEMENTS ARE TO BE CONDEMNED 1. Frank E. Ward located at 1680 Orrs Bride Road, Enola, Pa. 17025. (Deed Book N-29- 630)(Exhibit "A"). 2. Theodore S. Brooks located at 4440 Valley Road, Enola Pa. 17025. (Deed Book F-36-908 and C-34-487)(Exhibits `B"). 3. David T. Jacobs located at 4460 Valley Road, Enola, Pa. 17025. (Deed Book 269-1650) (Exhibit "C"). 4. Thomas D. Epting located at 1637Airport Drive, Mechanicsburg, Pa. 17050. (Deed Book E- 36-1089)(Exhibit "D"). 5. Robert F. Santa, Jr., and Andrea L. Santa located at 1641 Airport Drive, Mechanicsburg, Pa. 17050. (Deed Book 264-1740)(Exhibit "E"). P.o.B./ lP. p0 \ \ O?v 2' ' y k O d S cl? i r awn: ?`C O? '? ?G ?1??5 r 9 37 er+ o Ste. ? r d i g;; ? h rF?? "r ?.?`a ?+yi`*yq( O i V ?- ROAD R/W "' ; ??Oo 4IL`ru YF. L??? ¢ + I 'fin iii N' s t hi. a FRANK E. WARD "if , V D.B. N29 PAGE 630 ?>` N fin: 0? 30.00' PERMANENT T^ O°s\ SANITARY SEWER M1 2\ RIGHT-OF-WAY 98 40L M .00 9s M 00 95.6L 04N iRE\ \ \ - - - N/F LARRY G. MOORE AND LEOTA E. MOORE NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND 15 TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=50' PLAN SHEET: 6 TAX MAP NO. 10-15-1285-018 TOTAL AREA OF R/W ON PROPERTY: 8017.42 SQ. FT., .18 ACRE 10' TEMPORARY RIGHT-OF-WAY \ JOHN H.NAUTRY AND CHELLE K. AUTR? N/F s*4K SAMUEL R. MOORS JR. AND LINDA K. MOORE D.B. \ 0 \Oo SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM FRANK E. WARD OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEMING, INC. HARRISBURG, PA SEPTEMBER 2005 PR-,' SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM FRANK E. WARD BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point on the southerly property line of Frank E. Ward, thence along said property line South seventy nine degrees fifty six minutes zero seconds West (S 79°56'00" W) a distance of thirty and fifty nine hundredths feet (30.59') to a point; thence through said property North twenty one degrees twenty minutes forty three seconds West (N 21 °20'43" W) a distance of one hundred thirty and ninety nine hundredths feet (130.99') to a point; thence North thirty eight degrees thirty three minutes twenty five seconds West (N 38 °33'25" W) a distance of ninety three and nineteen hundredths feet (93.19') to a point; thence North thirty four degrees fifty four minutes six seconds West (N 34°54'06" W) a distance of twenty nine and sixty hundredths feet (29.60') to a point on the eastern right of way line of Orrs Bridge Road thence along said right-of- way line North thirty degrees twenty five minutes fourteen seconds East (N 30°25'14" E) a distance of thirty three and two hundredths feet (33.02') to a point thence through said property South thirty four degrees fifty four minutes six seconds East (S 34°54'06" E) a distance of forty two and forty two hundredths feet (42.42') to a point; thence South thirty eight degrees thirty three minutes twenty five seconds East (S 38'33'25" E) a distance of ninety six and seventy seven hundredths feet (96.77') to a point; thence South twenty one degrees twenty minutes forty three seconds East (S 21 °20'43" E) a distance of one hundred forty one and fifty two hundredths feet (141.52') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way bounded on the east by a ten foot (10') wide temporary right-of-way. Total area of permanent right-of-way 8,017.42 Sq.Ft. or 0.18 Acres. PR-23 pq0 l - / ?O??m ONy? p b?S+ NOX"? / n b N?A? ZmN pT ?0.6 ?G?n 1 °TN C 0. Rro a "??? ?z ? / 'a4' 00 L 00/ dd t` /d.1'y0 5. ? Hn ''Sryghry?6 4? / Od9 q ? Tl Q7 O }? titi . z t` / O m ?° b ?,' / " v m A N C? ?' A .9 1' A PAM ?DA tD? Cj? Ln ti'L a m ? ? p2 < A ? N 2j 1' J /y, ^r \ GFS \ 1° ? z o 24,16 ?QO ?\ P ?. Meet 6? . s33? F o 0 S M.. Z C86d? O.Ov 4 y. .82 v S ma : $ m om A A 2 0 i j ? O ?n O N ?' Z CY p°M A ni£ Z? ?n yy £ ASP Z _ s~ m2°Na? ? L? 9 ? 2 9 nA ?m N;t y ?v 1'11 `)' A O L K SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM THEODORE S. BROOKS BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point on the northern right-of-way line of Valley Road (SR 1004), said point being the Northeasterly property comer of properties of Theodore S. Brooks; thence along the said road right-of-way South twenty eight degrees fifty minutes two seconds West (S 28 °50'02" W) a distance of forty nine and sixty three hundredths feet (49.63'); thence South thirty seven degrees thirty eight minutes twenty seven seconds West (S 37°38'27" W) a distance of fifty seven and ninety six hundredths feet (57.96); thence South fifty three degrees fifty six minutes fifty one seconds West (S 53'56'5 1 " W) a distance of fifty eight and forty five hundredths feet (58.45'); thence South sixty nine degrees one minutes seven seconds West (S 69°01'07" W) a distance of sixty and eleven hundredths feet (60.11') to a point ; thence along the southern property line of Brooks North thirty three degrees twenty minutes forty four seconds West (N 33 °20'44" W) a distance of twenty two and ninety nine hundredths feet (22.99'); thence through the aforesaid Brooks properties North seventy three degrees twenty five minutes fifty nine seconds East (N 73 025'59" E) a distance of sixty and fifty eight hundredths feet (60.58') to a point; thence North forty six degrees two minutes fourteen seconds East (N 46°02'14" E) a distance of one hundred ?. one and thirty two hundredths feet (101.32') to a point; thence North twenty four degrees sixteen minutes twenty seven seconds East (N 24 ° 16'27" E) a distance of sixty three and thirty seven hundredths feet (63.37') to a point on the Brooks northern property line; South forty three degrees twenty nine minutes forty two seconds East (S 43 °29'42" E) a distance of twenty six and fifty nine hundredths feet (26.59')to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of permanent right-of-way 4,908.07 Sq.Ft. or 0.11 Acres. PR-5 N/F THEODORE S. BROOKS DAVID T. JACOBS D.B. 269 PAGE 1650 rd\ r? x N/F DAVID T. JACOBS PERMANENT RIGHT-OF-WAY 6d •s? <'d ti ^ E j4324q ?. S E `f. 15.00 N 8? 9? Q, VR 6 " ` VARIES ' RO `sds9e `" N' ROAD RIGHT-OF-WAY NOTE SEWER RIGHT-OF-WAY THIS PLAT REFLECTS THE ACCURACIES OR TO BE ACQUIRED FROM INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT DAVID T. JACOBS PURPOSES ONLY. OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA SCALE: 1"=30' PLAN SHEET: 9 BY TAX MAP NO. 10-13-0995-0120 HAMPDEN TOWNSHIP SEWER AUTHORITY TOTAL AREA OF R/W ON PROPERTY: (may _ ?^ GANNETT FLEMING, INC. 3972.26 SQ. FT., .091 ACRE 9- I??g?? L--• HARRISBURG, PA AUGUST 2005 PR_ SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM DAVID T. JACOBS BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point on the northern right-of-way line of Valley Road (SR 1004), said point being the southwesterly property corner of David T. Jacobs; thence along the aforesaid Jacobs westerly property line North forty seven degrees forty five minutes forty nine seconds West (N 47°45'49" W) a distance of twenty nine and sixty six hundredths feet (29.66') to a point; thence thru the aforesaid Jacobs property North seventy four degrees thirty two minutes thirty nine seconds East (N 74°32'39" E) a distance of ninety three and forty nine hundredths feet (93.49') to a point; thence North seventy three degrees twenty five minutes thirty nine seconds East (N 73 025'39" E) a distance of eighty one and seventy seven hundredths feet (81.77') to a point on the Jacobs easterly property line; thence along said easterly property line South thirty three degrees twenty minutes forty four seconds East (S 33 °20'44" E) a distance of twenty two and ninety nine hundredths feet (22.99') to a point in the northern right of way line of Valley Road; thence along said road right-of-way South seventy two degrees fifty three minutes forty nine seconds West (S 72 °53'49" W) a distance of one hundred sixty six and fifty three hundredths feet (166.53') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of permanent right-of-way 3,972 Sq.Ft. or 0.091 Acres. PR-4 1r 12.39' MV-3 - I.P. )/ TREE (R V.- , P.O.B. H : S M N/F a MILBRAND ?I w _I z? 1 1 I 10' TEMPORARY RIGHT-OF-WAY I 30' PERMANENT RIGHT-OF-WAY s f \ N/F SANTA s A? \2. O. \4 THOMAS D. EPTING D.B. E36 PAGE 1089 f2 S\ 3 S22 t,?2 N/F N \ SHIRE \ NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=50' s PLAN SHEET: 5 TAX MAP NO. 10-15-1286-003 sg TOTAL AREA OF R/W ON PROPERTY: 4163.62 SQ. FT., 0.10 ACRE ?Y,w m-N J O o?oo Q O ?i?O?O t ^O s ? c° \ ti' Q \ F SEWER RIGHT-OF-WAY \ o TO BE ACQUIRED FROM THOMAS D. EPTING P.O.B. I.P. OF (MD) HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEMING, INC. HARRISBURG, PA AUGUST 2005 pR- REVISED 9-22-05 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM Thomas D. Epting BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point on the northerly property line of Thomas D. Epting; thence thru the aforesaid property South forty three degrees seventeen minutes twenty one seconds West (S 43 ° 1 T21" W) a distance of one hundred eighteen and thirty nine hundredths feet (118.39') to a point on the easterly property line of said property; thence along said property line South forty seven degrees twelve minutes ten seconds West (S 47'12'10" W) a distance of fifty and sixty eight hundredths feet (50.68') to a point; thence thm the aforesaid property North zero degrees fifty eight minutes thirty one seconds West (N 00°58'31" W) a distance of thirty eight and three hundredths feet (38.03'); thence North forty three degrees seventeen minutes twenty one seconds East (N 43'17'21" E) a distance of one hundred eleven and thirty two hundredths feet (111.32) to a point on the northerly Epting property line; thence along said property line North eighty seven degrees fifty four minutes thirty two seconds East (N 87'54'32" E) a distance of forty two and seventy one hundredths feet (42.71') to the Point Of Beginning The above described lines being the perimeter of a permanent sanitary sewer right-of-way bounded on the south and west by a ten foot (10') wide temporary right-of-way. Total area of permanent right-of-way 4,163.62 Sq.Ft. or 0.10 Acres. PR-12 N/F EPTING MV-30 O , R? 10' TEMPORARY RIGHT-OF-WAY P.O.B.I ROBERT F. SANTA, JR. \ AND ANDREA L. SANTA of D.B. 264 PAGE 1740 'PPC`PO r\ O?W 1 L I, M „69-2Z.L9 S N/F CASLER NOT THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=50' PLAN SHEET: 4, 5 TAX MAP NO. 10-15-1286-004 ON PROPERTY: TOTAL R O. OF 6648.73 Ek1?IgIT 0.105 ACRE TREE/I.P. (FND) i 137.93' ' 4 P.O.B. 30' PERMANENT ?. RIGHT-OF rAY N/F MILLER SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM ROBERT F. SANTA, JR. AND ANDREA L. SANTA OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEMING, INC. SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM ROBERT F. SANTA AND ANDREA L. SANTA BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point on the northerly property line of Robert F. Santa and Andrea L. Santa; thence thru the aforesaid property South zero degrees fifty eight minutes thirty one seconds East (S 00°58'31" E) a distance of two hundred thirty four and sixty two hundredths feet (234.62') to a point on the southerly property line of said Santa property; thence along said property line South eighty seven degrees twenty three minutes fifty nine seconds West (S 87 °23'59" W) a distance of thirty and one hundredths feet (30.01') to a point; thence thru said property North zero degrees fifty eight minutes thirty one seconds West (N 00°58'31" W) a distance of two hundred eight and sixty three hundredths feet (208.63') to a point on the northerly property line; thence along said northerly property line North forty seven degrees twelve minutes ten seconds East (N 47 ° 12' 10" E) a distance of forty and twenty six hundredths feet (40.26') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way bounded on the west by a ten foot (10') wide temporary right-of-way. Total area of permanent right-of-way 6,648.73 Sq.Ft. or 0.15 Acres. PR-13 071) (il N :c IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. CIVIL 2005 IN REM MEMORANDUM OF RECORDING TO: PROTHONOTARY OF CUMBERLAND COUNTY Please be advised that in accordance with the provisions of the Eminent Domain Law of 1964, you are hereby notified that Notice of the Filing of the Declaration of Taking to the above term and number is of record in the Office of the Recorder of Deeds of Cumberland County in r Miscellaneous Book 17--- DATE: 7?JS Page ??)q ? J. Jay r, uire Assistant Solicitor Hampden Township Sewer Authority PO Box 1268 Harrisburg, PA 17108-1268 Phone-(717)234-4161 128167A r> `) __ U?c a Y _ + ? C.. -_ ? R ._ l .. _ ''`- ? -l r l-(t C:J ?="l r? 7 ::< U IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW A SANITARY SEWER SYSTEM NO. 05-5872 CIVIL 2005 IN REM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN ss J. Jay Cooper, Assistant Solicitor forthe Condemnor, Hampden Township Sewer Authority, in the above proceedings, being duly sworn, deposes and says that he served Notice to Condemnee on November 14, 2005, on the Condemnees named below, in accordance with the provisions of Section 405 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, as amended, by sending such notice by certified mail, return receipt requested, to the last known addresses of Condemnees, Frank E. Ward and Theodore S. Brooks; and that attached hereto as Exhibits "A" and "B" are copies of the original certified mail receipts and domestic return receipts for the mailing and delivery of said certified mail to said individuals. J. Jay Cooper further deposes and says that he served David T. Jacobs with a copy of Notice to Condemnee and the Declaration of Taking filed in this matter by personally handing a copy of the same to David T. Jacobs at his residence/shop at 4460 Valley Road, Enola, Pa., at 500pm on Tuesday November 22, 2005. The above is certified to be true and correct as of this ')W day of November 2005. J. Jay Coope , Esqu4 e Sworn to and subscribed before me this a day of VA4Y, d.L_, 2005 Notary P lic My Commission Expires Notarial Seal Cheryl A Richard, Notary Public City Ot Harrisburg, Dauphin County My Commission Expires Oct 15, 2006 Member, Pennsylvania Association Of N,ohros U.S. Postal Service,. CERTIFIED MAILT. RECEIF (Domestic may only, No insurance Coverage Provided) A , C w 1 -13 Postage $ ru Certified Fee tmark P O Return Redept Fee I ?1 t os Here C3 (Endorsement Required) i /7 C3 Restricted Delivery Fee 'q (Endorsement Required) C3 ra Total Postage & Fees M Sent a Q `,' ,J E3 l?ar??-- - Ct?(_--_._____`_----?- -------.-/...------ r, Sfie APL-Nt LOOP VIU4 R_ = or PO Box 'k.. City, State, ZIP+4 PS Form 3800, June 2002 See Reverse for lnstnu?fl.Wl ILL: ¦ Complete items 1, 2, and 3. Also complete item 4 W Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: lg?,Vk'6 . Wand lGw a25 3-r d9G 2d YNvAH Pq /70aS A. Signature Agent X Addre B. Re delved by (Pd d Name) C. to of Del D. Is delivery address different from Rem KZ If YES, enter delivery address bel . No 3. kB?lce Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number T ' / /? ?j (rrensfer fmm service label) f(? p 101t) O o o'-) R l ('S R z 7 0 PS Form 3811, February 2004 Domestic Return Receipt to259502-M-1540 Postal CERTIFIED MAIL RECE IPT o (Domestic ,, 0 u?rl OFF-A g A USE ra ' a Postage $ v Q certified Fee 0 M "Um 'e dept Fee Postmark p (Endorsement Required) Here p Restricted Delivery Fee r-R (Endorsement Required) M rR Total Postage 8 Fees I $ 11/x t In r-4 x N-_-_- er ztGiaf. YV _ ______________ ?7D Laigi? IM ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: T u,e& . S , N114b Va" Pzxi-? &&UL? `)(-? 170&115 A. Siln" ' p Agem X L w? u ? Addre R. Received by (Printed Name) C. Date of Dej D. Is delivery address ci ferent from ftem ? ? Y& It YES, enter delivery address below:/ ? No 3. ice Type ertifled Mait O Express Mail ? Registered ? Return Receipt for Merohandise ? Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Artice Number (monster from aervlce law '7L,)03 101b 000°4 ?/ ? 9 v o i L _ PS Form 3811, February 2004 Domestic Retum Receipt lozsssm-nt-lsao F-xw)1T 6 tr ` ,z=- ?; '?.; ?_ -?? ?., IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM PETITION OF CONDEMNOR FOR WRIT OF POSSESSION The Petition of Hampden Township Sewer Authority pursuant to Section 407(a) of the Eminent Domain Code of 1964, 26 P.S. section 1-407, represents: A Declaration of Taking was filed on November 14, 2005, at the above-named court term and number in the Court of Common Pleas of Cumberland County. The Declaration of Taking and Notice of Filing were served on Condemnee David T. Jacobs. 2. Included in the Declaration of Taking was property owned by David T. Jacobs ("Condemnee") and located at 4460 Valley Road, Enola, Pa. 17025. ("property"). 3. On February 10, 2006, Condemnor made Condemnee a written offer to pay Condemnor's estimate of just compensation for the easement taken from Condemnee's property in the amount of $4,600.00. A copy of the written offer is attached hereto as Exhibit "A" 4. The letter of February 10, 2006, also enclosed a Right of Entry form that Condemnee asked Condemnee to sign in order to grant possession of the easement to Condemnor. A copy of said Right of Entry is attached hereto as Exhibit "B". 5. Notwithstanding his receipt of the request to grant right of entry on the easement, Condemnee has withheld and continues to withhold possession of the easement from Condemnor. 6. Condemnee has not filed any preliminary objections within 30 days of being served with the Declaration of Taking. Condemnor is entitled to possession of the easement over Condemnee's property, conditioned upon payment to the Prothonotary of Condemnoe's estimate of just compensation in the amount of $4,600.00 for the use and benefit of Condemnee as his interest may appear. WHEREFORE, Condemnor, Hampden Township Sewer Authority, requests that this Court grant a rule upon David T. Jacobs to show cause why a Writ of Possession conditioned upon payment to the Prothonotary of $4,600.00 for the use and benefit of David T. Jacobs as his interest may appear, shall not issue. Dated: Respectfully submitted, By: ? a?-RC'2r J. Jay oo e , sq. Goldberg Katzman, P.C. PO Box 1268 Harrisburg, Pa. 17108-1268 (717) 234-4161 I.D. No. 31720 131610.1 2 VERIFICATION I, J. Jay Cooper, Assistant Solicitor for Hampden Township Sewer Authority, hereby certify that I have read the foregoing Petition of Condemnor and believe it to be true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. '\ JAa Cooper Date: %? P February 10, 2006 David T. Jacobs 4460 Valley Road Enola, PA 17025 Re: Hampden Township Sewer Authority Offer of Just Compensation Dear Mr. Jacobs : As you know, in November of 2005, the Authority filed a Declaration of Taking for an easement over your property for the construction of a sewer line-For some time we have tried to negotiate the issue of compensation for that easement. Because we have been unable to reach a settlement, I am hereby officially offering you the Authority's estimated just compensation of $4600.00. I previously, supplied you with an appraisal reflecting that amount. Please advise immediately, if you will accept this amount. If not, I would ask you to sign the enclosed Right of Entry form that will allow the Authority to enter the easement area on your property pending our resolution of the issue of just compensation. If we do not reach agreement of just compensation and if you do not sign and return the Right of Entry form, I will file a Petition with the Court seeking a Writ of Possession for the easement, which Petition will also include payment of the Authority's estimated just compensation into escrow pending the resolution of the question of just compensation. If you have further questions, feel free to call me. Thank you. Very truly yours, J. Jay Cooper JJC:car Enclosures [-kNI$iT "$4 , RIGHT-OF-ENTRY AGREEMENT THIS AGREEMENT made this day of , 2006, between HAMPDEN TOWNSHIP SEWER AUTHORITY, hereinafter called "Authority", and DAVID T. JACOBS, of 4460 Valley Road, Hampden Township, Cumberland County, Pennsylvania, hereinafter called "Owner". WITNESSETH WHEREAS, the Authority intends to construct or cause to be constructed a sanitary sewer line in and along Valley Road adjacent to Owner's property and across the property of Owner located at 4460 Valley Road, Hampden Township, Cumberland County, Pennsylvania; and WHEREAS, the Authority has condemned an easement from Owner so as to allow said construction; and WHEREAS, Authority desires to take possession of the easement from Owner and has offered its estimated just compensation to Owner; and WHEREAS, Authority has requested Owner execute a Right of Entry in favor of Authority pending resolution of the issue of just compensation; and NOW,THEREFORE, intending to be legally bound thereby, the parties mutually agrees as follows: Owner agrees and does hereby grant, bargain and convey to Authority a Right-of Entry over the easement described on Exhibit "A" hereto for the purposes of allowing Authority and its Contractors to construct a sewer line and related facilities within the easement area. 2. Owner's granting of this Right-of-Entry is not to be considered a waiver of Owner's right to the payment of just compensation from Authority, which issue remains to be resolved. f7NwAIT `-(4" 3. THIS AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter, and this Agreement may not be modified, nor any provisions herein waived, except in writing, separately signed by all parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on day and year first above written. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY By: William J. Greene, Chairman WITNESS: 131311.1 David T. Jacobs 2 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM CERTIFICATE OF SERVICE I, J. Jay Cooper, of the law firm of Goldberg Katzman, P.C., Assistant Solicitor for Hampden Township Sewer Authority, hereby certify that on the -k rJ day of t` VJYtV Kul , 2006, I served a copy of the forgoing Petition of Condemnor for Writ of Possession by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid addressed to: David T. Jacobs 4460 Valley Road Enola, PA 17025 GOLDBERG KATZMAN, P.C. J. Jay o e Esquire 131627.1 r" r,> 1 -i r.' ` } IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM PETITION OF CONDEMNOR FOR WRIT OF POSSESSION The Petition of Hampden Township Sewer Authority pursuant to Section 407(a) of the Eminent Domain Code of 1964, 26 P.S. section 1-407, represents: A Declaration of Taking was filed on November 14, 2005, at the above-named court term and number in the Court of Common Pleas of Cumberland County. The Declaration of Taking and Notice of Filing were served on Condemnee Theodore S. Brooks. 2. Included in the Declaration of Taking was property owned by Theodore S. Brooks ("Condemnee") and located at 4440 Valley Road, Enola, Pa. 17025. ("property"). 3. On February 10, 2006, Condemnor made Condemnee a written offer to pay Condemnor's estimate of just compensation for the easement taken from Condemnee's property in the amount of $5,600.00. A copy of the written offer is attached hereto as Exhibit "A". The letter of February 10, 2006, also enclosed a Right of Entry form that Condemnor asked Condemnee to sign in order to grant possession of the easement to Condemnor. A copy of said Right of Entry is attached hereto as Exhibit "B". Notwithstanding his receipt of the request to grant right of entry on the easement, Condemnee has withheld and continues to withhold possession of the easement from Condemnor. 6. Condemnee has not filed any preliminary objections within 30 days of being served with the Declaration of Taking. Condemnor is entitled to possession of the easement over Condemnee's property, conditioned upon payment to the Prothonotary of Condemnor's estimate of just compensation in the amount of $5,600.00 for the use and benefit of Condemnee as his interest may appear. WHEREFORE, Condemnor, Hampden Township Sewer Authority, requests that this Court grant a rule upon Theodore S. Brooks to show cause why a Writ of Possession conditioned upon payment to the Prothonotary of $5,600.00 for the use and benefit of Theodore S. Brooks as his interest may appear, shall not issue. Dated: ?) :2 ?OX, Respectfully submitted, By: Q \?_ -Y ,? 46, J. Jay C 6p?r, E quire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I.D. No. 31720 131611.1 2 VERIFICATION I, J. Jay Cooper, Assistant Solicitor for Hampden Township Sewer Authority, hereby certify that I have read the foregoing Petition of Condemnor and believe it to be true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Qom) 4.J'Wy P r Date: I February 10, 2006 Theodore S. Brooks 4440 Valley Road Enola, PA 17025 Re: Hampden Township Sewer Authority Offer of Just Compensation Dear Mr. Brooks : As you know, in November of 2005, the Authority filed a Declaration of Taking for an easement over your property for the construction of a sewer line-For some time we have tried to negotiate the issue of compensation for that easement. Because we have been unable to reach a settlement, I am hereby officially offering you the Authority's estimated just compensation of $5600.00. I am supplying you with an appraisal of the easement area reflecting that amount. Please advise immediately, if you will accept this amount in full satisfaction of your right to just compensation.. If not, I would ask you to sign the enclosed Right of Entry form that will allow the Authority to enter the easement area on your property pending our resolution of the issue of just compensation. If we do not reach agreement of just compensation and if you do not sign and return the Right of Entry form, I will file a Petition with the Court seeking a Writ of Possession for the easement, which Petition will also include payment of the Authority's estimated just compensation into escrow pending the resolution of the question of just compensation. If you have further questions, feel free to call me. Thank you. Very truly yours, J. Jay Cooper JJC:car Enclosures FkX14lr,iT "P" RIGHT-OF-ENTRY AGREEMENT THIS AGREEMENT made this day of , 2006, between HAMPDEN TOWNSHIP SEWER AUTHORITY, hereinafter called "Authority", and THEODORE S. BROOKS, of 4440 Valley Road, Hampden Township, Cumberland County, Pennsylvania, hereinafter called "Owner". WITNESSETH WHEREAS, the Authority intends to construct or cause to be constructed a sanitary sewer line in and along Valley Road adjacent to Owner's property and across the property of Owner located at 4440 Valley Road, Hampden Township, Cumberland County, Pennsylvania; and WHEREAS, the Authority has condemned an easement from Owner so as to allow said construction; and WHEREAS, Authority desires to take possession of the easement from Owner and has offered its estimated just compensation to Owner; and WHEREAS, Authority has requested Owner execute a Right of Entry in favor of Authority pending resolution of the issue of just compensation; and NOW THEREFORE, intending to be legally bound thereby, the parties mutually agrees as follows: 1. Owner agrees and does hereby grant, bargain and convey to Authority a Right-of Entry over the easement described on Exhibit "A" hereto for the purposes of allowing Authority and its Contractors to construct a sewer line and related facilities within the easement area, 2. Owner's granting of this Right-of-Entry is not to be considered a waiver of Owner's right to the payment of just compensation from Authority, which issue remains to be resolved. EyW61 r 1.; iI 3. THIS AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter, and this Agreement may not be modified, nor any provisions herein waived, except in writing, separately signed by all parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on day and year first above written. ATTEST: WITNESS: 131312.1 HAMPDEN TOWNSHIP SEWER AUTHORITY By:. 2 William J. Greene, Chairman Theodore S. Brooks IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW A SANITARY SEWER SYSTEM NO. 05-5872 CIVIL 2005 IN REM CERTIFICATE OF SERVICE I, J. Jay Cooper, of the law firm of Goldberg Katzman, P.C., Assistant Solicitor for Hampden Township Sewer Authority, hereby certify that on the L C) day of Y? m k1 Z _, 2006, I served a copy of the forgoing Petition of Condemnor for Writ of Possession by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid addressed to: Theodore S. Brooks 4440 Valley Road Enola, PA 17025 GOLDBERG KATZMAN, P.C. ? ?C - '-' J. Jay 6' op squire 131667.1 14 IN RE: CONDEMNATION OF LANDS IN THE COURT OF COMMON PLEAS OF IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER CIVIL DIVISION - LAW AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM : NO. 05-5872 CIVIL 2005 : IN REM RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE AND NOW, this 23'd day of February, 2006, upon consideration of the Petition of Hampden Township Sewer Authority, a Rule is granted upon Theodore S. Brooks to show cause why a Writ of Possession shall not issue conditioned upon payment to the Prothonotary of $5,600.00 for the use of Theodore S. Brooks without any commissions or fees deductible therefrom, as his interest may appear. Rule returnable five days after service upon Condemnee, pursuant to 26 P.S. § 1-407(a). By the Court, \ -? M. L. Ebert, Jr., J. j/ ?? L' y??t?a'N G,'J?J e`??1-?,2?/ 1` ??, f ?. ?` ?? u ?? ?, , ? ?? „ ,, , ,,? ,? ?. 5 M? IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE ?a AND NOW, this 1 . day of2006, upon consideration of the Petition of Hampden Township Sewer Authority, a Rule is granted upon David T. Jacobs to show cause why a Writ of Possession shall not issue conditioned upon payment to the Prothonotary of $4,600.00 for the use of David T. Jacobs without any commissions or fees deductible therefrom, as his interest may appear. Rule returnable five days after service upon Condemnee, pursuant to 26 P.S. section 1-407(a). BY THE COURT ?A' As 131614.1 f /?? _. 177' F"-?? .o-r, ?!' y ? , 1, _ / y" ?^ ? ?. 117 ?GG.v7?,??:) ? ??j'a? ? ?)4,) t 1-.. , ..., ?' Q J y`J 2 i / C -1 . IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM MOTION TO MAKE RULE ABSOLUTE AND NOW, this3V day of IW Ai) , 2006, comes the Petitioner, Hampden Township Sewer Authority, by its counsel, J. Jay Cooper, Esq., and who respectfully requests this Honorable Court to make the Rule to Show Cause dated February 23, 2006, absolute, and represents as follows: On February 23, 2006, Petitioner filed a Petition for Writ of Possession seeking possession of a sewer easement previously condemned from David T. Jacobs pursuant to a Declaration of Taking filed on November 14, 2005. 2. Pursuant to the above Petition, the Honorable M. L. Ebert Jr., on February 23, 2006, issued upon David T. Jacobs a Rule to show cause why writ of possession should not issue conditioned upon payment to the Prothonotary of $4,600.00 for the use and benefit of David T. Jacobs as his interest may appear. A copy of said Rule is attached hereto as Exhibit "A" and incorporated herein. 3. This Honorable Court ordered that the Rule be returnable within five (5) days of service pursuant to 26 P.S. section 1-407(a). 4. On February 23, 2006, the Prothonotary mailed by first class mail a copy of the Rule and Petition to David T. Jacobs. On February 24, 2006, J. Jay Cooper, Esq., caused the Rule to Show Cause to be served upon David T. Jacobs at 4460 Valley Road, Enola, Pa., by mailing copies thereof to Mr. Jacobs by first class mail and by certified mail, return receipt requested, postage prepaid. 5. As of the date of filing of this Motion, David T. Jacobs has not answered the Rule, which was returnable within 5 days of service thereof. WHEREFORE, Your Petitioner, Hampden Township Sewer Authority, respectfully requests that this Honorable Court make its Rule absolute and to enter an Order allowing a Writ of Possession to issue conditioned as provided in said Rule. Respectfully submitted, By: \.1 J. J oo r,Esq. Goldberg Katzman, P.C. PO Box 1268 Harrisburg, Pa. 17108-1268 (717) 234-4161 I.D. No. 31720 Dated: 131723.1 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION. - LAW NO. 05-5872 CIVIL 2005 IN REM RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE AND NOW, this o 33 day of 2006, upon consideration of the Petition of Hampden Township Sewer Authority, a Rule is gVanted upon David T. Jacobs to show cause why a Writ of Possession shall not issue conditioned upon payment to the Prothonotary of $4,600.00 for the use of David T. Jacobs without any commissions or fees deductible therefrom, as his interest may appear. Rule returnable five days after service upon Condemnee, pursuant to 26 P.S. section 1-407(a). BY THE COURT J. ' 131614.1 "',i w? ??SI ,i 3 ;v:-•a? <9t €f:rt! t,?r EXHIBIT "An IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW A SANITARY SEWER SYSTEM NO. 05-5872 CIVIL 2005 IN REM CERTIFICATE OF SERVICE I, J. Jay Cooper, of the law firm of Goldberg Katzman, P.C., Assistant Solicitor for Hampden r Township Sewer Authority, hereby certify that on the S V\ day of , 2006, I served a copy of the forgoing Motion to Make Rule Absolute by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid addressed to: David T. Jacobs 4460 Valley Road Enola, PA 17025 GOLDBERG KATZMAN, P.C. L 4)" J. Jay C(*O, Esquire 131743.1 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM MOTION TO MAKE RULE ABSOLUTE AND NOW, this` day of rY? a t v 2006, comes the Petitioner, Hampden Township Sewer Authority, by its counsel, J. Jay Cooper, Esq., and who respectfully requests this Honorable Court to make the Rule to Show Cause dated February 23, 2006, absolute, and represents as follows: I. On February 23, 2006, Petitioner filed a Petition for Writ of Possession seeking possession of a sewer easement previously condemned from Theodore; S. Brooks pursuant to a Declaration of Taking filed on November 14, 2005. 2. Pursuant to the above Petition, the Honorable M. L. Ebert Jr., on February 23, 2006, issued upon Theodore S. Brooks a Rule to show cause why writ of possession should not issue conditioned upon payment to the Prothonotary of $5,600.00 for the use and benefit of Theodore S. Brooks as his interest may appear. A copy of said Rule is attached hereto as Exhibit "A" and incorporated herein. 3. This Honorable Court ordered that the Rule be returnable within five (5) days of service pursuant to 26 P.S. section 1-407(a).. 4. On February 23, 2006, the Prothonotary mailed by first class mail a copy of the Rule and Petition to Theodore S. Brooks. On February 24, 2006, J. Jay Cooper, Esq., caused the Rule to Show Cause to be served upon Theodore S. Brooks at 4440 Valley Road, Enola, Pa., by mailing copies thereof to Mr. Brooks by first class mail and by certified mail, return receipt requested, postage prepaid. 5. As of the date of filing of this Motion, Theodore S, Brooks has not answered the Rule, which was returnable within 5 days of service thereof. WHEREFORE, YourPetitioner, Hampden Township Sewer Authority, respectfully requests that this Honorable Court make its Rule absolute and to enter an Order allowing a Writ of Possession to issue conditioned as provided in said Rule. Dated: Respectfully submitted, By: 1 , C99k - J. Ja oop ,Esq. Goldberg Katzman, P.C. PO Box 1268 Harrisburg, Pa. 17108-1268 (717) 234-4161 I.D. No. 31720 131726.1 2 IN RE: CONDEMNATION OF LANDS : IN THE COURT OF COMMON PLEAS OF IN THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER CIVIL DIVISION - LAW AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM NO. 05-5872 CIVIL 2005 IN REM RULE TO SHOW CAUSE WHY WRIT OF POSSESSION SHOULD NOT ISSUE AND NOW, this 23rd day of February, 2006, upon consideration of the Petition of Hampden Township Sewer Authority, a Rule is granted upon Theodore S. Brooks to show cause why a Writ of Possession shall not issue conditioned upon payment to the Prothonotary of $5,600.00 for the use of Theodore S. Brooks without any commissions. or fees deductible therefrom, as his interest may appear. Rule returnable five days after service upon Condemnee, pursuant to 26 P.S. § 1-407(a). k x'a If, _ day tjt EXHIBIT „An By the Court, IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM CERTIFICATE OF SERVICE I, J. Jay Cooper, ofthe law firm of Goldberg Katzman, P.C., Assistant Solicitor for Hampden Township Sewer Authority, hereby certify that on the r day of 12006, I served a copy of the forgoing Motion to Make Rule Absolute by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid addressed to: Theodore S. Brooks 4440 Valley Road Enola, PA 17025 GOLDBERG KATZMAN, P.C. J. p , Esquire 131742.1 1? R- ._`'--i`VED MAR 0 0 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM ORDER i4 AND NOW, this day of M \ (?C.H , 2006, upon consideration of the Petition of Hampden Township Sewer Authority, for a Motion to Make Rule Absolute, it is hereby ORDERED that the Rule is made absolute and that a Writ of Possession shall issue for the sewer easement on the property of David T. Jacobs located at 4460 Valley Road, Enola, Pennsylvania, against David T. Jacobs, upon payment to the Prothonotary of the sum of $4,600.00 by Petitioner for the use and benefit of David T. Jacobs as his interest may appear, without any commissions or fees deductible therefrom. BY THE COURT 131727.1 I Z6 REC';VE0 MAR 0 8 2?;;j IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 M REM ORDER t?\ AND NOW, this day of or 2006, upon consideration of the Petition of Hampden Township Sewer Authority, for a Motion to Make Rule Absolute, it is hereby ORDERED that the Rule is made absolute and that a Writ of Possession shall issue for the sewer easement on the property of Theodore S. Brooks located at 4440 Valley Road, Enola, Pennsylvania, against Theodore S. Brooks, upon payment to the Prothonotary of the sum of $5,600.00 by Petitioner for the use and benefit of Theodore S. Brooks as his interest may appear, without any commissions or fees deductible therefrom. BY THE COURT J. t zsa. 0_s-C`i-(16 s 131728.1 t' 7% IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM PRAECIPE TO THE PROTHONOTARY: In accordance with the Court's Order of March 9, 2006, please issue a Writ of Possession for service by the Sheriff for possession by the Hampden Township Sewer Authority of a sewer easement on the property of Theodore S. Brooks at 4440 Valley Road, Enola, PA. 17025. Said easement is as described in the Declaration of Taking filed in this proceeding. In addition, provided herewith is a check in the amount of $5600.00, which I would request be held by the Prothonotary for the use and benefit of Theodore S. Brooks as his interest may appear. GOLDBERG KATZMAN, P.C. Dated: H , J. Jay Coop r; PO Box 1268 Harrisburg, Pa. 17108-1268 Phone: (717) 234-4161 Atty. ID NO. 31720 J. 133041.1 W c ? `r1 1 ?v r? AC. C ? C? ui 7 CIO _L1 1 ^ a'. ! -% loft WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP., CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM VS. No. 05-5872 Civil Term Costs Attorney's $ 70.50 Plaintiff s $ Prothonotary $ 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)) HAMPDEN TWP. SEWER AUTHORITY being: (Premises as follows): SEWER EASEMENT ON THE PROPERTY OF THEODORE S. BROOKS, 4440 VALLEY ROAD, ENOLA PA 17025. (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. Lone Prothonotary, Common Pleas Court of Cumberland County, 13A Date APRIL 3, 2006 (Seal) By: Janie Sparline Deputy 2of2 No 05-5872 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS 1N HAMPDEN TWP. CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM vs. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 70.50 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: J. JAY COOPER ESQ P O BOX 1268, HARRISBURG PA 17108-1268 (717) 234-4161 Attorney for Plaintiff (s) 4440 valley Road Enola PA 17025 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 Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM PRAECIPE TO THE PROTHONOTARY: In accordance with the Court's Order of March 9, 2006, please issue a Writ of Possession for service by the Sheriff for possession by the Hampden Township Sewer Authority of a sewer easement on the property of David T. Jacobs at 4460 Valley Road, Enola, PA. 17025. Said easement is as described in the Declaration of Taking filed in this proceeding. In addition, provided herewith is a check in the amount of $4600.00, which I would request be held by the Prothonotary for the use and benefit of David T. Jacobs as his interest may appear. GOLDBERG KATZMAN, P.C. Dated: J. Jay Cooper Est{. ` PO Box 1268 Harrisburg, Pa. 17108-1268 Phone: (717) 234-4161 Atty. ID NO. 31720 J. 133042.1 r n f ry ? r V 1V= W U ?v i r R, cy t F f? F c F F ? ? hJ -j. rl CD < I W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP., CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM vs. No. 05-5872 Civil Term Costs Attorney's $ 15.00 Plaintiff's S Prothonotary $ 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)) HAMPDEN TWP. SEWER AUTHORITY being: (Premises as follows): SEWER EASEMENT ON THE PROPERTY OF DAVID T. JACOBS, 4460 VALLEY ROAD, ENOLA PA 17025. (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. Date APRIL 3. 2006 (Seal) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, PA By: Janie Sparling Dcputy . 1 2of2 No 05-5872 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP. CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 15.00 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: J. JAY COOPER ESQ P O BOX 1268, HARRISBURG PA 17108-1268 (717) 234-4161 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of _ I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy By virtue of this writ, on the 1st day of May , 2006 . I caused the within named H a mntl e n Twp Sewer A u th to have possession of the premiseidesr,?ed v'thX )4P4 4i KM4X Sewer Easement on the .Property o eo o S_ Rrnnkc at: 4440 Valley Road, no a, Sworn and subscribed to before me this 7a Day of ov L Sheriff's Return: Docketing 00.00 Surcharge 20.00 Poundage 1.58 Prothy 1.00 Milage 6.16 Possession 30.00 --5? So ?? Sheriffb le ` / By Advance Costs: 150.00 Sheriff's Costs: 58.74 -77 77- Refunded to Atty on 5/2/06 Q J V r-? ?k I I `E d 8Z adv 9001 Vd ?31a3aS 3H1 J 3:i1`3jp P (1? y ?. ClL JI I ?7 ?l/ /T7 570 I 2 of2 No 05-5872 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP. CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY >SEWER SYSTEM vs. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att,y $ 15_00 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: J. JAY COOPER ESQ P O BOX 1268, HARRISBURG PA 17108-1268 (717) 234-4161 Attorney for Plaintiff (s) _=(,o Va ll,e Road ono lcr_ P? (71 J,:F 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 Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy . - M 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP., CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM VS. Costs Attorney's $ 70.50 Plaintiff's $ Prothonotary $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: No. 05-5872 Civil Tenn 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)) HAMPDEN TWP. SEWER AUTHORITY being: (Premises as follows): SEWER EASEMENT ON THE PROPERTY OF THEODORE S. BROOKS, 4440 VALLEY ROAD, ENOLA PA 17025. (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 therein3C,,rt Curtis R. Lone Prothonotary, Common Pl lend County PA Date APRIL 3. 2006 By: Janie Snarline (Seal) Deputy By virtue of this writ, on the 18 t day of M a y 2006 1 caused the within named am den Twp SeweY AuL13tohave possession ofthepremises descn'bedNXA"XX d1?X QPWPr Fac mPn on Property of: David T. Jacobs nrntpd At, 4460 Valley Road, no a, a .7rit is ratnrned STAYED. Sworn and subscribed to before me this /1 e Day o 2 on Sheriff's Retur : Docketing Surcharge Poundage Protby Milage Possession 18.00 20.00 1.58 1.00' So Y?y?rtrsrerC? By Ql t!? Sheriff t Advance Costs: 150.00 Sheriff's Costs: 76.74 173.26 Refunded to Atty on 5/2/06 O J r x-, n 11/yal® L I :8 d 8Z adV HE tad 3JIa314S Ni 30 351330 f ? ua ?539aL 2 oft CONDEMNATION OF LANDS IN HAMPDEN TWP. CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No 05-5872 Civil Term WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 70_50 MIT (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: J. JAY COOPER ESQ P O BOX 1268, HARRISBURG PA 17108-1268 (717) 234-4161 Attorney for Plaintiff (s) 4440 Valley Road Enola PA 17025 Where papers may be served By virtue of this writ, on the named appurtenances, and day of . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of So Answers, By Sheriff e Prothonotary -- t' I 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION OF LANDS IN HAMPDEN TWP., CUMBERLAND CO PA BY HAMPDEN TWP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM VS. No. 05-5872 Civil Term Costs Attorney's $ 15.00 Plaintiff s $ Prothonotary $ 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)) HAMPDEN TWP. SEWER AUTHORITY being: (Premises as follows): SEWER EASEMENT ON THE PROPERTY OF DAVID T. JACOBS, 4460 VALLEY ROAD, ENOLA PA 17025. (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. Lona Prothonotary, Common Pleas Court erl d County, PA Date APRIL 3. 2006 (Seal) By: Janie Sparling Deputy IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM PETITION OF CONDEMNOR FOR RELEASE OF FUNDS ESCROWED WITH PROTHONOTARY The Petition of Hampden Township Sewer Authority represents: 1. A Declaration of Taking was filed on November 14, 2005, at the above-named court term and number in the Court of Common Pleas of Cumberland County. The Declaration of Taking and Notice of Filing were served on Condemnee Theodore S. Brooks. 2. Included in the Declaration of Taking was property owned by Theodore S. Brooks ("Condemnee") and located at 4440 Valley Road, Enola, Pa. 17025. ("property"). 3. Pursuant to Court Order dated March 9, 2006, the Authority obtained a Writ of Possession for the sewer easement on the property of Theodore S. Brooks, conditioned upon the payment by the Authority of the sum of $5600.00 to the Prothonotary for the use and benefit of Theodore S. Brooks, as his interest may appear. A copy of said Order is attached hereto as Exhibit "A» 4. The Petitioner and Mr. Brooks have entered into a Settlement Agreement, attached hereto as Exhibit "B", whereby Mr. Brooks, who still owns the subject property, has agreed to accept the sum of $5600 as just compensation for the easement. V 5. By reason of the aforesaid, in order to carry out the agreed upon settlement, your Petitioner desires to obtain the release of funds escrowed with the Prothonotary in the amount of $5600.00,with the check for such funds to be made payable to Theodore S. Brooks, and the check to be delivered to J. Jay Cooper,Esq., so he can make delivery of same to Theodore S. Brooks. WHEREFORE, Your Petitioner, Hampden Township Sewer Authority, requests that the Court to enter an Order directing the Prothonotary to issue a check from escrow in the amount of $5600.00 payable to Theodore S. Brooks, which check is to be delivered to J. Jay Cooper,Esq for delivery to Theodore S. Brooks. Dated: 145999.1 Respectfully submitted, J By: J. Ja o squire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I.D. No. 31720 2 ` ?VED MAR 0 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM ORDER AND NOW, thisn day of , 2006, upon consideration of the Petition of Hampden Township Sewer Authority, for a Motion to Make Rule Absolute, it is hereby ORDERED that the Rule is made absolute and that a Writ of Possession shall issue for the sewer easement on the property of Theodore S. Brooks located at 4440 Valley Road, Enola, Pennsylvania, against Theodore S. Brooks, upon payment to the Prothonotary of the sum of $5,600.00 by Petitioner for the use and benefit of Theodore S. Brooks as his interest may appear, without any commissions or fees deductible therefrom. BY THE COURT S , J. 131728.1 ?. a EXHIBIT c? W J Q ?I?il J/n J SETTLEMENT AGREEMENT THIS AGREEMENT made this _ 3 day of A 2 , 2007, between HAMPDEN TOWNSHIP SEWER AUTHORITY, hereinafter called "Authority", and THEODORE S. BROOKS, of 4440 Valley Road, Hampden Township, Cumberland County, Pennsylvania, hereinafter called "Owner". WITNESSETH WHEREAS, the Authority has constructed a sanitary sewer line in and along Valley Road adjacent to Owner's property and across the property of Owner located at 4440 Valley Road, Hampden Township, Cumberland County, Pennsylvania; and WHEREAS, the Authority condemned an easement from Owner so as to allow said construction and obtained an Order for Possession of the easement; and WHEREAS, the Authority has paid the sum of $5,600.00 into escrow with the Prothonotary of Cumberland County for the use and benefit of Theodore S. Brooks as his interest may appear pursuant to the Order of March 9, 2006; and WHEREAS, the parties have agreed to resolve all matters relating to the Declaration of Taking filed by the Authority to No. 05-5872 on November 14, 2005, in the Cumberland County Court of Common Pleas and desire to reduce that agreement to writing; and NOW, THEREFORE, intending to be legally bound thereby, the parties mutually agrees as follows: I. Owner and Authority hereby agree that they have settled the condemnation proceeding involving Owner's property filed to No. 05-5872 on the terms set forth herein. a EXHIBIT r? w rr?rr y .r J Q 2. Owners hereby agrees to accept Authority's offer of $5600.00 as just compensation for the easement condemned by Authority over Owners' property. The parties agree that they will each bear any costs or fees incurred by them in connection with the condemnation proceeding. 3. Owner hereby releases the Authority, the Township of Hampden, and all persons acting on behalf of either with respect to all damages and claims arising under the Eminent Domain Code, 26 Pa. C.S.A. section 101 et. seq., or any prior version thereof. 4. Owner hereby agrees that the Authority shall obtain the release of the $5600.00 being held by the Prothontary in escrow pursuant to the Order dated March 9,2006, on condition that such funds be made payable to Owner and are paid over to Owner. 5. THIS AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter, and this Agreement may not be modified, nor any provisions herein waived, except in writing, separately signed by all parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on day and year first above written. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY By: w ' William Greene, Chairman WITNESS: 'f f Theodore S. Brooks 2 APR 16 2007 IN RE: CONDEMNATION OF LANDS IN THE COURT OF COMMON PLEAS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER CIVIL DIVISION - LAW AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM NO. 05-5872 CIVIL 2005 : IN REM ORDER tih l AND NOW, this day of 2007, upon consideration of the Petition of Hampden Township Sewer Authority for Release of Funds Escrowed with Prothonotary, it is hereby ORDERED that the Prothonotary of Cumberland County shall distribute $5600.00 of the funds held in escrow in the above captioned case as follows: $5,600.00 payable to Theodore S. Brooks, said check to be delivered to J. Jay Cooper,Esq., who in turn is to deliver said funds to Theodore S. Brooks. BY THE COURT J. Jay Cooper, Esq., Goldberg Katzman, P.C. , Po Box 1268, Harrisburg, Pa. 17108-1268 Theodore S. Brooks, 4440 Valley Road, Enola, PA 17025. Ca?a M e a-4 y" e 1:)0- 146000.2 1 :? ?,,?ry? }? , E, ?, .,; 4 ? ? ?''?' ?? ? ?? ,r. ., ? ??? ? ???? -; ti . ? ti ?+ +'? 5?1? (?-opj CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1 ESCROW ACCOUNT CUMBERLAND COUNTY COURTHOUSE L CARLISLE, PA 17013 X1550 f DATE 0 0 a PAY TO THE QC,? ST o ORDER OF hhe 0Q.?d.,P,,,? a s m ° $ o CUMIBERLAt10 `PROT0iONTAR?5??00dal's???it*? DOLLARS Q J ' O N BANK 06--6 7X release o II'00 L69 LII' ?:0 3 L 3 L 50 36?: LOB L L L L 7 LII -- ` Q- n cv a , Kr. ? r b ? 09253004242007 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 4/2/2007 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3909 BROOKS THEODORE S Check Date: 04/24/2007 Check No.: 1691 BOND 2005- 05872 PYMT/CHECK 5600.00 4/03/2006 Payee total: 5600.00 -------------------------------------------------------------------------------- Grand total: 5,600.00 IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW : NO. 05-5872 CIVIL 2005 : IN REM PETITION OF CONDEMNOR FOR RELEASE OF FUNDS ESCROWED WITH PROTHONOTARY The Petition of Hampden Township Sewer Authority represents: 1. A Declaration of Taking was filed on November 14, 2005, at the above-named court term and number in the Court of Common Pleas of Cumberland County. The Declaration of Taking and Notice of Filing were served on Condemnee David T. Jacobs. 2. Included in the Declaration of Taking was property owned by David T. Jacobs ("Condemnee") and located at 4460 Valley Road, Enola, Pa. 17025. ("property") 3. Pursuant to Court Order dated March 9, 2006, the Authority obtained a Writ of Possession for the sewer easement on the property of David T. Jacobs, conditioned upon the payment by the Authority of the sum of $4600.00 to the Prothonotary for the use and benefit of David T. Jacobs, as his interest may appear. A copy of said Order is attached hereto as Exhibit "A". 4. The Petitioner and Mr. Jacobs have entered into a Settlement Agreement, attached hereto as Exhibit "B", whereby Mr. Jacobs, who still owns the subject property, has agreed to accept the sum of $4600 as just compensation for the easement. 5. By reason of the aforesaid, in order to carry out the agreed upon settlement, your Petitioner desires to obtain the release of funds escrowed with the Prothonotary in the amount of $4600.00,with the check for such funds to be made payable to David T. Jacobs, and the check to be delivered to J. Jay Cooper, Esq., so he can make delivery of same to David T. Jacobs. WHEREFORE, Your Petitioner, Hampden Township Sewer Authority, requests that the Court to enter an Order directing the Prothonotary to issue a check from escrow in the amount of $4600.00 payable to David T. Jacobs, which check is to be delivered to J. Jay Cooper, Esq for delivery to David T. Jacobs. Respectfully submitted, By: Quj-&-X? J. y er, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I.D. No. 31720 Dated: 2 f r IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 : IN REM ORDER AND NOW, this day of I hrA 2006, upon consideration of the Petition of Hampden Township Sewer Authority, for a Motion to Make Rule Absolute, it is hereby ORDERED that the Rule is made absolute and that a Writ of Possession shall issue for the sewer easement on the property of David T. Jacobs located at 4460 Valley Road, Enola, Pennsylvania, against David T. Jacobs, upon payment to the Prothonotary of the sum of $4,600.00 by Petitioner for the use and benefit of David T. Jacobs as his interest may appear, without any commissions or fees deductible therefrom. BY THE COURT 131727.1 SETTLEMENT AGREEMENT THIS AGREEMENT made this day of NNQ%?XA, , 2007, between HAMPDEN TOWNSHIP SEWER AUTHORITY, hereinafter called "Authority", and DAVID T. JACOBS, of 4460 Valley Road, Hampden Township, Cumberland County, Pennsylvania, hereinafter called "Owner". WITNESSETH WHEREAS, the Authority has constructed a sanitary sewer line in and along Valley Road adjacent to Owner's property and across the property of Owner located at 4460 Valley Road, Hampden Township, Cumberland County, Pennsylvania; and WHEREAS, the Authority condemned an easement from Owner so as to allow said construction and obtained an Order for Possession of the easement; and WHEREAS, the Authority has paid the sum of $4,600.00 into escrow with the Prothonotary of Cumberland County for the use and benefit of David T. Jacobs as his interest may appear pursuant to the Order of March 9, 2006; and WHEREAS, the parties have agreed to resolve all matters relating to the Declaration of Taking filed by the Authority to No. 05-5872 on November 14, 2005, in the Cumberland County Court of Common Pleas and desire to reduce that agreement to writing; and NOW, THEREFORE, intending to be legally bound thereby, the parties mutually agrees as follows: 1. Owner and Authority hereby agree that they have settled the condemnation proceeding involving Owner's property filed to No. 05-5872 on the terms set forth herein. 1F -X1A b + ?? Q ii 2. Owners hereby agrees to accept Authority's offer of $4600.00 as just compensation for the easement condemned by Authority oven Owners' property. The parties agree that they will each bear any costs or fees incurred by them in connection with the condemnation proceeding. Owner hereby releases the Authority, the Township of Hampden, and all persons acting on behalf of either with respect to all damages and claims arising under the Eminent Domain Code, 26 Pa. C.S.A. section 101 et. seq., or any prior version thereof. 4.. Owner hereby agrees that the Authority shall obtain the release of the $4600.00 being held by the Prothontary in escrow pursuant to the Order dated March 9,2006, on condition that such funds be made payable to Owner and are paid over to Owner. 5. THIS AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter, and this Agreement may not be modified, nor any provisions herein waived, except in writing, separately signed by all parties hereto., IN WITNESS WHEREOF, the parties have executed this Agreement on day and year first above written. ATTEST: WITNESS- 148557 1 HAMPDEN TOWNSHIP SEWER AUTHORITY By: David T..lacobs 2 t -j ?'CS 4? CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1743 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CAFiLlSLE, PA 17013 DATE November 28, 2007 60-1503/313 .-,.??.-,,w PAY TO THE ? . ? 4,504.00 ORDER OF David T. Jacobs ?? 5 CUM 9"LANO C0.1 PRbTH.Q%0T,ARV?t,5;04d6S00ct DOLLARS 7 ORR5T0" BANK 05-5872 "release bond" ,w ,11100 1 ?Lo 3110 X1:0 3 L 3 L 50 361: LOB L L L 7 111' 1 RECEIPT FOR TRANSFER -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 HAMPDEN TOWNSHIP OF 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 Case Number 2005-05872 Remarks RELEASE BY ORDER OF COURT POUNDAGE Receipt Date 12/06/2007 Receipt Time 15:29:29 Receipt No. 201705 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj BOND PROTHONOTARY ESCROW 96.00- BOND CUMBERLAND CO GENERAL FUND 96.00 BOND PROTHONOTARY ESCROW 4,504.00- BOND JACOBS DAVID T 4,504.00 15303012062007 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 12/06/2007 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------------------------------------------------------------- 3925 JACOBS DAVID T Check Date: 12/06/2007 Check No.: 1743 BOND 2005- 05872 TRNS ESC IN 4504.00 12/06/2007 Payee total: 4504.00 ---------------------------------------------------------------------- Grand total: 4,504.00 'Nov 1 62DD* IN RE: CONDEMNATION OF LANDS IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA BY THE HAMPDEN TOWNSHIP SEWER AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-5872 CIVIL 2005 IN REM ORDER A AND NOW, this ? day of G" L( , 2007, upon consideration of the Petition of Hampden Township Sewer Authority for Release of Funds Escrowed with Prothonotary, it is hereby ORDERED that the Prothonotary of Cumberland County shall distribute $4,600.00 of the funds held in escrow in the above captioned case as follows: $4,600.00 payable to David T. Jacobs, said check to be delivered to J. Jay Cooper,Esq., who in turn is to deliver said funds to David T. Jacobs. BY THE COURT ?a Cooper, Esq., Goldberg Katzman, P.C. , Po Box 1268, Harrisburg, Pa. 17108-1268 vid T. Jacobs, 4460 Valley Road, Enola, PA 17025. J 5 C 1 ;6 WV 9Z AON t001 :1.41 jo CUMBERLAND COUNTY PROTF?ONOTARY OFFICE - GENERAL FUND Check Irate: 04:,/28/20i1. CasE_ No. Defendant 05-058'72 HAMPDEN TOWNSHIP OF * 2046 * Descriptions Amt Released Receipt OVERPYMNT/RFND 96.00 258501 Check Amount: 96.00 INFOCON CORPORATION[L1558HBI 3385603 David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERAL FUND I COURTHOUSE SQUARE. SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 04/28/2011 2046 TO THE ORDER OF JACOBSaDnAVID T ?{ W ? .56f7 . I ORRSTOWN BANK SHIPPENSBURG, PA 60-1503/313 i x V A PAY THIS AMOUNT o $96.00 0 a Ninety Six And 00/100 Dollars HORI SIGNATURE - 11'00204611' 1:0313L50361: 108 L110LI1' (David (D. well Prothonotary x1rkS Sohonage, EsQ Solicitor of ce of the Trothonotary f Cum6edand County, Pennsylvania April 28, 2011 Mr. David T. Jacobs 4460 Valley Road Enola, PA 17025 Dear Mr. Jacobs: Wpnee X Simpson (Deputy Prothonotary Irene E. 911orro w 211d Deputy Prothonotary Our records indicate that the check that we sent to you on December 06, 2007 in the amount of $4,504.00 was written with an incorrect amount. The enclosed check for $ 96.00 reflects the remaining money that is due to you. Please accept my sincere apology for any inconvenience our miscalculation may have caused you. If you have any additional questions or wish to discuss this matter further, please feel free to call me at 717-240-6195. Sincerely, I DAVID D. BUELL Prothonotary cc: J. Jay Cooper, Esq. - 320 Market Street - Strawberry Square - P.O. Box 1268 - Harrisburg, PA 17108 one courthouse square - Suite 100 • CarCule, rnA 17013 • Phone (717 240-6195 0 'Fax (717 240-6573 (David Q Buelr Prothonotary VrkS. Sohonve, EsQ, Soficitor Office of the Trotfmotary Cum6erfand County, Tennsyfvania April 28, 2011 Mr. David T. Jacobs 4460 Valley Road Enola, PA 17025 Dear Mr. Jacobs: &nee x Simpson Deputy Prothonotary Irene E. 9Worrow 2nd (Deputy Prothonotary Our records indicate that the check that we sent to you on December 06, 2007 in the amount of $4,504.00 was written with an incorrect amount. The enclosed check for $ 96.00 reflects the remaining money that is due to you. Please accept my sincere apology for any inconvenience our miscalculation may have caused you. If you have any additional questions or wish to discuss this matter further, please feel free to call me at 717-240-6195. Sincerely, J/ 1)y DAVID D. BUELL Prothonotary cc: J. Jay Cooper, Esq. - 320 Market Street - Strawberry Square - P.O. Box 1268 - Harrisburg, PA 17108 One Courthouse Square • Suite 100 • CarCufe, SPA 17013 • ('hone (717) 240-6195 * EaZ (717) 240-6573 12052904282011 PYS380 Payee Name JACOBS DAVID T Cumberland County Prothonotary's Office Check Register Costs & Fees Tran Receipt Case Trans Check Check - Rel Date Desc No No Amount Date No OVERPYMNT/RFND 4/28/2011 REFUND - ADJ. 256501 05-05872 96.00 04/28/2011 2046 Total Amount Released Page: Check Amount 96.00 ** 96.00 -----------------------------------End of Listing --------------------------------------------------------------------- RECEIPT FOR REFUND ------------------ ------------------ Cumberland County Prothonotary's Office Carlisle, Pa 17013 HAMPDEN TOWNSHIP OF 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 Case Number 2005-05872 Remarks REFUND MISCALCULATIONS Receipt Date 4/28/2011 Receipt No. 258501 ---------------------- Distribution Of Adjustment --------------------------- Transaction Description DECLAR/TAKING TAX ON DECLAR SETTLEMENT AUTOMATION FEE JCP FEE WRIT OF POSSESS BOND WRIT OF POSSESS BOND SHFF RETURN FEE BOND BOND BOND BOND OVERPYMNT/RFND Beg. Bal. Disbursed This Adj 35.00 35.00 .50 .50 5.00 5.00 5.00 5.00 10.00 10.00 15.00 15.00 4,600.00 15.00 15.00 5,600.00 5,600.00 2.00 2.00 96.00- 96.00 96.00 96.00- 4,504.00- 4,504.00 4,504.00 96.00 10,287.50 10,287.50