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IN RE:CONDEMNATION BY
NORTH MIDLETON AUTHORITY OF
NORTH MIDDLETON TOWNSHIP FOR
PROPERTY OF SCOTT CARVER
FOR A SEWER LINE RIGHT-OF-WAY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
No. (.k . j /1 CIVIL 2006
EMINENT DOMAIN PROCEEDINGS
DECLARATION OF TAKING
North Middleton Authority, by its attorneys, Broujos & Gilroy, P.c., sets forth the following:
1
North Middleton Authority (NMA) is a Municipal Authority incorporated pursuant to
appropriate action of the Board of Supervisors of the Township of North Middleton,
Cumberland County, Pennsylvania, and is existing under the laws of the Commonwealth of
Pennsylvania and is governed by the Municipal Authorities Act of 1945, as amended and
supplemented, and has a current mailing address of 240 Clearwater Drive, Carlisle,
Pennsylvania.
2
Scott Carver (hereinafter referred to as the "Condernnee") is an adult individual residing at
1196 Newville Road, Carlisle, North Middleton Township, Cumberland County,
Pennsylvania.
3
The Condemnee is the owner by Fee Simple Deed of a tract of ground located at 1196
Newville Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, a
description of which is attached hereto and marked Exhibit "A".
4
NMA, the Condemnor in these proceedings, is authorized to exercise the power of
Eminent Domain pursuant to 53 P.S. Section 5601 et seq. and in accordance with the
Eminent Domain Code, 26 P.S. Section 1-101 et seq.
5
This condemnation proceeding was authorized by appropriate action of the Board of
NMA adopted at its regularly scheduled meeting on October 17, 2005. The record of said
meeting may be examined by the review of the minutes of the meeting, which minutes
may be found at the office of NMA located at 240 Clearwater Drive, Carlisle,
Cumberland County, Pennsylvania.
6
The purpose of condemnation is to construct a sewage collection line.
7
The property which is being condemned consists of a 5 foot wide temporary Construction
Easement extending approximately 80 feet on the northern boundary line of the land of
the Condemnee described in paragraph 3 above and noted on Exhibit "A", along with a
General Utility Easement along a paper alley on Exhibit "B", which General Utility
Easement is approximately 6 feet wide and 80 feet long. Said Easements are as shown on
the attached Exhibit "B".
8
The nature of title acquired by NMA shall be a permanent Utility Right-of-Way and a
temporary Construction Easement along with the general right for ingress and regress for
purposes of maintenance and repair of mentioned sewer line which will be constructed
within the Utility Easement.
9
A written legal description of the general Utility Easement and temporary Construction
Easement area is as set forth on the attach Exhibit "C".
10
A plan showing the condemned property and a plan showing the entire sewage collection
line project may be inspected at the offices of NMA at 240 Clearwater Drive, Carlisle,
Cumberland County, Pennsylvania upon reasonable request by the Condemnee or his
designated agents.
11
Just Compensation to the Condemnee has been offered by NMA to the Condemnee and is
secured by the filing of a Bond without surety in accordance with the Eminent Domain
Code, 26 P.S. Section 1-403.
7;)4
Hubert X. Gilroy, quire
Solicitor for Nort Middleton Authority
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
(717) 243-4574
.
3'?j? ZfjJ J nJhr^'l-,
Parcel #29-20-1790-018
Deed
MADE this 9th oa:!) of June, 2.004
Between:
GARY E. CARVER and SCOTT C. CARVER, Co-Executors of the Last Will and
Testament of Susan M. Carver, late of North Middleton Township, Cumberland County,
Pennsylvania;
GRANTOR
Ano:
SCOTT C. CARVER, of North Middleton Township, Carlisle, Cumberland County,
Pennsylvania;
GRANTEE
WHEREAS Susan M. Carver died October 25, 2003, testate, seized of certain
land situate in North Middleton Township, Cumberland County, Pennsylvania; and
WHEREAS the Will of the said Susan M. Carver dated January 25, 1995, was
duly probated in the Office of the Register of Wills in and for Cumberland County,
Pennsylvania, on January 22, 2004, and Letters Testamentary were granted to Gary E.
Carver and Scott C. Carver, the above named Co-Executors to #21-04-0061; and
WHEREAS Section 3351 of the Probate, Estates and Fiduciaries Code (20 PS.
3351) confers upon Executor(s) the power to sell at public or private sale, any real
estate not specifically devised; and
WHEREAS the hereinafter described premises were not specifically devised; and
WHEREAS the said Co-Executors were not required to file any bond to secure
faithful performance of their duties.
NOW THIS INDENTURE WITNESSETH that Gary E. Carver and Scott C.
Carver, Co-Executors of the Estate of Susan M. Carver, deceased, for and in
consideration of the sum of One and 00/100 Dollars ($1.00) in lawful money of the
EXHIBIT
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A
BOOK 264 PAGE 747
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United States, to them in hand paid by the said GRANTEE at and before the sealing
and delivery hereof, the receipt whereof is hereby acknowledged they have granted,
bargained, sold, aliened, released and confirmed, and by these presents do grant,
bargain, sell, alien, release and confirm unto the said GRANTEE, his heirs and assigns:
ALL THAT CERTAIN tract of land situate in North Middleton Township,
Cumberland County Pennsylvania, bounded and described in accordance with survey
made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, as follows:
BEGINNING at a stake on the southern line of 50 feet wide Pennsylvania Route
641 known as Newville Road, which stake at the place of beginning is 3,388 feet West
of the centerline of Legislative Route 21033 and which stake at the place of beginning is
the northwestern comer of Lot No. 35 as shown on the hereinafter mentioned Plan of
Lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of
beginning along the western line of said Lot No. 35, now or formerly of Lester
Kotzmoyer, South 5 degrees West, a distance of 182 feet to a stake on the Northern
line of 16 feet wide alley; thence along the northern line of said 16 feet wide alley, North
86 degrees West, a distance of 80 feet to a stake at the southeastern corner of land
now or formerly of Earl B. Swarner, Jr., thence along the Eastern line of said land now
or formerly of Earl B. Swarner Jr., North 5 degrees East, a distance of 182 feet to a
stake on the southern line of 50 feet wide Pennsylvania Route 641 known as Newville
Road; thence along the southern line of said Pennsylvania Route No. 641 kncNll as
Newville Road, South 66 degrees East, a distance of 60 feet to a stake, the place of
BEGINNING.
CONTAINING 60 feet in front along the southern line of 50 feet wide
Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom
at an even width a distance of 182 feet to the northern line of 16 feet wide alley, and
being all of Lot No. 36 and the eastern 25 feet of Lot No. 37 as shown on the Plan of
Lots known as Westminster Manner as recorded in the hereinafter mentioned
Recorder's Office in Plan Book 3, Page 67, on which there is erected a one story brick
dwelling house known as and numbered 1196 Newville Road, Carlisle.
BEING the same property which George G. Carver and Susan M. Carver,
husband and wife, by their Deed dated May 18, 1982, and recorded in Cumberland
County Recorder of Deeds Book 'U', Vol. 29, Page 407, granted and conveyed unto
Susan M. Carver.
THIS TRANSFER IS BEING MADE FROM ESTATE OF MOTHER TO SON AND IS THEREFORE
EXEMPT FROM REALTY TRANSFER TAX.
TOGETHER with all and singular ways, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in
anywise appertaining, and the reversions and remainders, rents, issues and profits
2 &OO~ 264 P"~E 748
thereof; and also, all the estate right, title, interest, use trust, property, possession, claim
and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the
same.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted
and released, or mentioned and intended so to be, with the appurtenances, unto the
said GRANTEE and his heirs and assigns, to and for the only proper use and behoof of
the said GRANTEE his heirs and assigns, forever.
AND the said Co-Executors of the Estate of Susan M. Carver, deceased,
covenant, promise, and agree to and with the said GRANTEE his heirs and assigns, by
these presents, that they, the said Co-Executors have not done, committed, knowingly
or willingly suffered to be done or committed, any act, matter or thing whatsoever
whereby the premises hereby granted, or any part thereof, is, are, shall or may be
impeached, charged or encumbered, in title, charge, estate, or otherwise howsoever.
WITNESS the due execution hereof the day, month and year first above written.
Signed, Sealed and Delivered
in the Pre nee of:
COUNTY OF CUMBERLAND
Estate of Susan M. Carver
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tftJif C ~
SCOTT C. CARVER, Executor
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On this, the 9th day of June, 2004, before me, the undersigned officer, personally
appeared Gary E. Carver and Scott C. Carver known to me (or satisfactorily proven) to
be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed same as Co-Executors for the Estate of Susan M.
Carver for the purposes therein contained.
~~~m5Qf1A I hereu
_s.a
Jac:queIne L ~ Nolary PIbIIc
CaI1illIIl Bclm. CUl,lbet1,..1 Olunly
My Q....,...., Elqjnlo Aug. 14. 2IlO7
_................_01_
3
BOOK 264 PACE 749
I do hereby certify that the precise residence and complete post office address of
the within named Grantee is: 1196 Newville Road. Carlisle. PA 17013
Date.:.::r;;,.... q.f--
1 Certify this 1.,.
In Cumberhl!
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SALZMANN HUGHES & FISHMAN PC
Attorneys
bOOK 264 PAGE 750
4
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RECORDER'S USE ONlY
Star. ax
COMMONWEALTH Of PENNSYLVANIA
DEPARTMENT OF R.EVENUE
aullA.U O' INDIVIDUAl TAXIS
DEPT. 210603
HARRISBURG, 'A 17128.0603
REALTY TRANSFER TAX
STATEMINT OF VALUE
-
N.
Pag. Nu ...
See Reverse for Inltrudions
...
Compl.t. each section and file in duplicate with Recorder of Deed, wh.n (1) the full volu./consideration is not let forth in the d~.d, (2) wh.n the deed
is without consid..-ation, or by gift, or (3) a tax ex.",ption is doim.d. A Stat.",..,t of Valu. it not required if the transf.r is wholly exempt from tax
based on: (1) family relationship or (2) public utility .osement. If more spac. Is neecled, attach additlonalsh.at(s).
A CORRESPONDENT. All inquiries may be direded to the followina person:
Name T.lephone Numb.~
Jarres D. Hughes, Esquire A,.. Code (717
Str..t Acldress City Stot.
249-6333
Zip Cod.
95 Alexan:Jer Spring Fbad, suite 3
B TRANSFER DATA
Carlisle
Dat. Acceptance 0
Gronl..{.)/L.u.. s
PA
17013
u"'en'
Susan M. carver EState
treet Are..
95 Alexander Spring Fbad, suite 3
Scott c.
Ireet .u
1196 Newville R:xld
ty State
Carlisle, PA 17013
C PROPERTY LOCATION
St....t A r.u
1196 Newville Bead
County
0.m1berland
D VALUATION DATA
1. Adua Cas Con.i ation
ip Co .
,ty Slate
Carlisle, PA 17013
Zip C .
City, ownship, 'arous
N. Middleton Township
Carlisle
Sdtoo Distrid
r onti .ration
3. Total Conti erotion
... aunty ...... 0 u.
+
S. Common L.v Rolio Factor
=
6. Fair Ma .1 a u.
E
10. Amount 0
x
=
100%
. Percentage Inter..t Conv.y.
100%
2. a..cIt Approprlat. Box Solow 10, Exomptlon Clalmod
M Will or int.state succession SUsan M. Cal:ver
~ (NGfM of De*-tl
o Transf.r to Industrial Dev.lopment Agency.
D Transf.r to a trust, (Attoc:h complet. copy of trust agr..ment id"tifying all benefldorie,.)
o Transf... between principal and agent. (Attach complete copy of agency/straw party agr..ment.l
o Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, cond.mnation or in lieu of condtmnafion.
(If condemnation or In lieu of condemnation, attach copy af resolution.)
21-04-0061
l&toM file NumIw)
o Transf.r from mortgagor to 0 holder of a mortgage in default. Mortgage Book Numb.r
D
D
iii
, Page Number
Corrective or confirmatory deed. (Attach complete copy of the prior deed b.ing correded or confirmed.)
StoMory corporat. consolidation, merger or division. IAttach copy of articles.)
Other (Please explain exemption daimed, if oth.r than listed above.) MORE ~ 30 DAYS OID.
a that I have examined thh StatemMt, including occomponylnglnformClllon, and to 11M belt o' my knowledge
ReI compl....
. . ONly
06/17/04
ElE THIS FORM PROPERLY OR An ACH APPUCAILE DOCUMENTATION MA. Y RESULT IN THE RECORDER'S REFUSAL
DEED. bo6~ 264 PAGE 751
This plan has been prepared for right-of-way acquisition
only and shall not be construed as a property line survey
Property lines represented hereon are from deed descriptions
and reflect any inaccuracies therein.
LINE
L1
L2
L3
L4
BEARING
N 02"45'09" W
N86"11'39"E
S 02"51'50" E
S 86"17'25" W
DISTANCE
6.41'
80.00'
6.54'
80.00'
NEWVILLE ROAD (SR. 0641)
~
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Ear! Swarner; Jr. &: None y Swarner
Oeed Book B-I9, Poqe 3D
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tS
Oeed Line) \ \
0\
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o \
1190
o
Lester &: Phyljss Kotzmo~r Oeed
Book 1-16, Poqe 457
ScaU Carver
ed Book 264, Pagel74
TAx 29-20-1790-1/1
o
Tempo 'Bry
o 0 Constmett Easement
Permanent Genera
Utility Easement
o
r---
o 50'
~
D. L. REIBER ASSOCIATES
PROFESSIONAL LAND SURVEYORS
e
SURVEYING .. MAPPING .. GPS TECHNOLOGIES
1106 COCOA A~UE, HERSHEY, PI, 17033
(717) 533-9077 FAX (717) 5J4-2102
J{
Po Grid North (NAO 83)
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- - - FT(!Jeed Line s t..) 0!
16'AHey S -_
~ ~NewpermanentEasement
New Sanitary Sewer Line
EXHIBIT
100'
I
I
D
D
S
13
Area of Easement 518 Sq. Ft (0.012Aeres)
PlAN OF GENERAL UllUTY EASEMENT
OVER LANDS OF
Scott Carver
1196 NEWVILLE ROAD
TO BE ACOUIRED BY THE
NORTH MIDDLETON AUTHORITY
NORTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY PENNSYLVANIA
SCALE:
ORA'NING NO.
03078-012
,"..50'
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LEGAL DESCRIPTION
GENERAL UTILITY EASEMENT
SCOTT CARVER -1196 NEWVILLE ROAD
TO
NORTH MIDDLETON AUTHORITY
All that certain strip of land to be used as a general utility easement and being situated
along the north side of a 16 foot wide alley, in North Middleton Township, Cumberland
County, Pennsylvania, said strip of land extending in an easterly direction from lands of
Earl and Nancy Swarner to lands of Lester and Phyllis Kotzmoyer, said strip of land
being more particularly bounded and described as follows:
Beginning at the southwest corner of the grantor, said point being a corner of lands of
Earl and Nancy Swarner; thence along lands of Earl and Nancy Swarner, North 02
degrees 45 minutes 09 seconds West a distance of 6.41 feet to a point; thence crossing
the lands of the grantor, North 86 degrees 11 minutes 39 seconds East a distance of
80.00 feet to a point on line of lands of Lester and Phyllis Kotzmoyer; thence along
lands of Lester and Phyllis Kotzmoyer, South 02 degrees 51 minutes 50 seconds East a
distance of 6.54 feet to a point on the northern line of 16 foot wide alley; thence along
the northern line of a 16 foot wide alley, South 86 degrees 17 minutes 25 seconds West
a distance of 80.00 feet to a corner of lands of Earl and Nancy Swarner, the point of
beginning.
Area of Easement: 518 Sq. Ft. (0.012 Acres)
An additional 5 foot wide temporary construction easement exists along the northern
side of the above described easement as shown on a "Plan Of General Utility Easement
Over Lands Of Scott Carver - 1196 Newville Road To Be Acquired By The North
Middleton Authority", prepared by D.L. Reiber Associates, Drawing No. 03078-012,
attached hereto and made a part of this description.
8:\2003\03078 GET N. Middleton Auth. Area 1\Task 6 5.5. eas's along alley\Descriptions\03078.012.doc3/16/05
EXHIBIT
Be
3
I, Robert A. Reisinger, verify that the statements in the foregoing pleading are true and
correct. I understand that false statements herein are made subject to the penalties of 18
PaCS 4904 relating to unsworn falsification to authorities.
1-(&-0&
Date
J~v--
Robert A. Reisinger
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IN RE:CONDEMNATION BY
NORTH MIDLETON AUTHORITY OF
NORTH MIDDLETON TOWNSIDP FOR
PROPERTY OF SCOTT CARVER
FORA SEWER LINE RIGHT-OF-WAY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. U(; 'i/#/, CIVIL 2006
EMINENT DOMAIN PROCEEDINGS
BOND
KNOW ALL MEN BY THESE PRESENTS that North Middleton Authority (NMA) is
held firmly bound unto Scott Carver, 1196 Newville Road, Carlisle, North Middleton
Township, Cumberland County, Pennsylvania (hereinafter called "Owner"), for such
damages as the said Owner shall be entitled to receive either upon agreement or as may
be assessed in the manner provided by law as a result of taking of Owner's property as
described in the Declaration of Taking to the above term and number, to which payment
well and truly to be made NMA does bind itself, its successors and assigns.
NMA has condemned the property described in the Declaration of Taking to the above
term and number and cannot agree with the Owner of said land upon the Just
Compensation to be paid for the damages sustained by the Owner as a result, nor has
NMA been able to reach an agreement with respect the Owner conveying the nature of
title taken by NMA in the Declaration of Taking.
NOW THE CONDITION of this bond is such that if NMA, the Obligor herein, shall pay
or cause to be paid such amount of damages as the said Owner of the property and other
parties and interests shall be entitled to receive by reason of such condemnation, after the
same shall be 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.
IN WITNESS WI?iREOF, NMA has authorized this instrument to be executed by its
Chairman this ! [, day of 9 ~ , 2006, as authorized by resolution of NMA
dated October 17, 2005.
ATTEST:
NORTH MIDDLETON AUTHORITY:
rOO'" '\ '~
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Secretary
Robert A. Reisinger, Chairman
SEAL
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00319 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORTH MIDDLETON AUTHORITY
VS
CARVER SCOTT
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within DECLARATION OF TAKING
was served upon
CARVER SCOTT
the
CONDEMNEE
at 2025:00 HOURS, on the 26th day of January
2006
at 1196 NEWVILLE ROAD
CARLISLE, PA 17013
by handing to
SCOTT CARVER
a true and attested copy of DECLARATION OF TAKING
together with
NOTICE TO CONDEMNEE, BOND, NOTICE OF TAKING
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
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18.00
8.80
. 39
10.00
.00
37.19
R. Thomas Kline
01/27/2006
BROUJOS & GILROY
Sworn and Subscribed to before
Q. "'9--
me this -JV
By:
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day of