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Home My WebLink About02-1670Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen : Township, Cumberland County, : Pennsylvania, Owned by Brace L. Walmer, : for Sanitary Sewer Transmission Lines : and Appurtenances. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,~- It, 70 Civil 2002 CIVIL ACTION- LAW EMINENT DOMAIN PROCEEDINGS IN REM The Lower Allen Township Sewer Authority does hereby respectfully declare that: 1. The Condenmor is Lower Allen Township Sewer Authority, a municipal authority duly organized and existing under the laws of the Commonwealth of Pennsylvania, and is located at 120 Limekiln Road, New Cumberland, Pennsylvania 17070. 2. The interest in and to the property described in Exhibit "A", attached hereto and made a part hereof is hereby condemned as an easement for sanitary sewer transmission lines and appurtenances by the Condemnor pursuant to the Municipality Authorities Act of 1945, as amended in 2001, and to the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 1-101, et seq., and as authorized by Resolution 2002-A-05 adopted April 4, 2002 by said Condeumor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "B". The original thereof may be examined at the address of the Condemnor as stated above. 3. The purpose of the condemnation is to provide sanitary sewer transmission lines and appurtenances for extension of the sewer system of the Condemnor. 4. A description of the easement condemned sufficient for its identification is set forth in Exhibit "A" attached hereto and made a part hereof. A plan showing the property over which the easement is condemned is on the same day as this Declaration of Taking being filed with the Prothonotar~; of the Court of Common Pleas of Cumberland County, Pennsylvania, and being recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code as amended, 26 P.S. Section 1-404. Document ii: 230738.1 5. The nature of the title acquired is a perpetual right-of-way in, over, under, and across the tract of land hereinbefore described for the free, unobstructed, and uninterrupted liberty and privilege, tract occupancy, and use of said tract of land for all acts required, from time to time, in clearing, trenching, installing, constructing, laying, using, operating, maintaining, inspect'rog, removing, repairing, replacing, relaying, enlarging, and add'rog to from time to time a sanitary sewer line or lines for the transportation of sewage with manholes, appurtenances, and attached facilities, and any and all rights, powers, and privileges appurtenant and related to the enjoyment of said perpetual right-of-way or perpetual easement, including, without limit'mg the granting of the foregoing, the right, power, and privilege to have officers, agents, employees, or contractors go in, over, under, across, or upon said tract of land and to do and perform, with or without equipment, any and all said acts thereon, therein, thereunder, or thereupon which are necessary to carrying into effect the purposes recited above and the right, power, and privilege of anyone to construct or maintain anything in, over, under, across, or upon said tract of land which would interfere with the purposes recited above. 6. A plan showing the condenmed premises may be inspected during all business hours at the address of the Condemnor as stated above. 7. Just compensation for the condemnation of said property is secured by open-end bond with surety pursuant to Section 403(a) of the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 403(a), copy of which bond is attached hereto and made part hereof as Exhibit LOWER ALLEN TOWNSHIP SEWER AUTHORITY By: /~~~7_7~ .~7/ Robert ~fMoore, Chahman -2- COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Robert J. Moore, being duly sworn according to law, deposes and says that he is the Chairman of Lower Allen Township Sewer Authority, and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and all the facts in the foregoing Declaration of Taking so far as they are within his personal knowledge are tree and correct and as to facts based upon the information of others, he believes them to be tree and correct. R~l~ert $. 1V}~re', Chahrman ' SWORN to and .S~[~scribed before ~ne th~s t~X~ay of~ 2002. o{~y e~blic ' My Commission Expires: c -3- V{ _NV/f/ASNN~d EXHIBIT A SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM BRUCE L. WALMER BY LOWER ALLEN TOWNSHIP AUTHORITY Beginning at a point, said point being an iron pin (found) on the northerly right-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (N 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Brace L. Walmer North thirty- nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer right-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fifty-five seconds East (N 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 o 34'09" E) a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty-nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16) to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. Document #: 230642.1 BRUCE L. WALMEF DEED BOOK 195 ~ xPAGE 1016 Troct No. ! LINE DATA LINE BEARING DISTANCE No. L1 N .39'19'.34" ~ 16..38' L2 N 61'1.3'`35" E 1`3.37' L3 N 61'`34'09" E 17.17' L4 S 59'19'34" E 15.81' L5 S 70'38'15" W 30.16' 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' PLAN SHEET: 2 TAX MAP REF.: TOTAL AREA OF R/W ON PROPERTY: 453.56 Sq.Ft. or 0.01 Acres RIGHT-OF-WAY TO BE ACQUIRED FROM BRUCE L. WALMER OF LOWER ALLEN TOWNSHIP, CUMBERLAND CO. BY LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA CANN£TT FLEMINC. lNG. HARRISE]URC, PA JANUARY 2002 Lower Allen Township Authority Resolution 2002-A-05 A RESOLUTION OF THE LOWER ALLEN TOWNSHIP SEWER AUTHORITY AUTHORIZING THE SELECTION, APPROPRIATION, AND CONDEMNATION OF EASEMENTS FOR RIGHT-OF-WAY FOR SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES, AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS LANDS OF BRUCE L. WALMER AND HEARTLAND PROPERTIES, L.P., THEIR HEIRS AND ASSIGNS, IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF. WHEREAS, Lower Allen Township Sewer Authority ("Authority") is a municipality authority incorporated and existing under provisions of the Pennsylvania Municipal Authorities Act of 1945, approved May 2, 1945, P.L. 382, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, is desirous of extending its service and improving its service area with an improvement generally known as the "Cedar Run Sewer Improvement Project;" and WHEREAS, said Plan inter alia, provides for the construction of a collection, conveyance, treatment of wastewater, and disposal system of Authority in a portion of the Township (hereinafter referred to as "Project"); and WHEREAS, the Authority is about to proceed with the Project by construction of sanitary sewer lines with manholes, appurtenances, and attached facilities and pump stations. WHEREAS, in accordance with the provisions of Section 11 of the Municipality Authorities Act of 1945, May 2, P.L. 382, Section 314, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, the Authority is authorized to acquire a perpetual easement and fight-of-way in land through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED, by the Board of this Authority as follows: Lower Allen Township Sewer Authority, in accordance with authority conferred by law, selects, appropriates, and condemns land of Bruce L. Walmer and Heartland Properties, L.P., their heirs and assigns for a perpetual easement and right-of-way for the purposes herein set forth: Document #: 230.592.1 -1- Beginning at a point, said point being an iron pin (found) on the northerly right-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (lq 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Brace L. Walmer Nol~ thirty- nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer fight-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fit~y-five seconds East (N 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 o 34'09" E) a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty-nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent fight-of-way is 453.56 Sq. Ft. or 0.01 Acres. Beginning at a point, said point being an iron pin (found) on the southerly right-of-way of U.S. Route 15 S.R. 0015; thence along the aforesaid right-of-way line South fifty-two degrees thirteen minutes and twenty-two seconds West (S 52° 13' 22" W) a distance of three hundred eighty- seven and one hundredths feet (387.01') to the Point of Beginning; thence through the lands of Heartland Properties Limited Partnership South forty-three degrees thirty-eight minutes nine seconds East (S 43° 38' 09" E) a distance of two and twenty hundredths feet (2.20') to a point on the northerly right-of-way line of an existing thirty foot (30') sanitary sewer right-of-way; thence along the aforesaid northerly right-of-way line South fifty-two degrees nine minutes thirty-nine seconds West (S 52° 09' 39" W) a distance of thirteen and one hundredths feet (13.01') to a point; thence continuing along the aforesaid right-of-way line South fifty-six degrees seventeen minutes thirty-five seconds West (S 56°17' 35" W) a distance of seventeen and thirty-one hundredths feet (17.31') to a point; thence thru the lands of aforesaid Heartland North forty-three degrees thirty- eight minutes nine seconds West (N 43° 38' 09" W) a distance of one and ninety-nine hundredths feet (1.99') to a point on the southerly fight-of-way line of the aforesaid U.S. Route 15; thence along the aforesaid southerly right-of-way line North fif~y-five degrees thirty-three; minutes twenty-seven seconds East (N 55° 33' 27" E) a distance of seventeen and thirty-one hundredths feet (17.31') to a point; thence continuing along the aforesaid right-of-way line North fifty-two degrees thirteen minutes twenty-two seconds East (lq 52 o 13' 22" E) a distance of twelve and ninety-eight hundredths feet (12.98') to the Point Of Beginning. Document #: 230720.1 -2- The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001 Acres. The title to be acquired is a perpetual right-of-way or perpetual easement in, over, under, and across the tract of land hereinbefore described for the free, unobstructed, and uninterrupted liberty and privilege, tract occupancy, and use of said tract of land for all acts required, from time to time, in clearing, trenching, installing, constructing, laying, using, operating, maintaining, inspecting, removing, repairing, replacing, relaying, enlarging, and adding to from time to time a sanitary sewer line or lines for the transportation of sewage with manholes, appurtenances, and attached facilities, and any and all rights, powers, and privileges appurtenant and related to the enjoyment of said perpetual right-of-way or perp~ml easement, including, without limiting the granting of the foregoing, the right, power, and privilege to have officers, agents, employees, or contractors go in, over, under, across, or upon said tract of land and to do and perform, with or without equipment, any and all said acts thereon, therein, thereunder, or thereupon which are necessary to carrying into effect the purposes recited above and the right, power, and privilege to prevent anyone to constr, lCt or maintain anything in, over, under, across, or upon said tract of land which would interfere with the purposes recited above. The proper officers and solicitor of the Authority are hereby authorized and directed to do all things necessary, required, and requisite to accomplish and complete said condemnation proceeding, under the requirements of existing law, including but not limited to the preparation and filing of a declaration of taking, and such other proceedings, including the entry of such bond as may be necessary or desirable to carry out the propose of this Resolution, and including relocation of any temporary construction easement. The institution of such proceedings and any damages, which may be awarded to the owners of said premises, shall be paid om of the funds of the Authority. ENACTED imo a Resolution this 4th day of April 2002. ATTEST: -3- LOWER ALLEN TOWNSHIP AUTHORITY KNOW ALL MEN BY THESE PRESENTS, that LOWER ALLEN TOWNSHIP SEWER AUTHORITY, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, having its principal place of business at 120 Limekiln Road, New Cumberland, Pennsylvania 17070, 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 property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the said owner or owners of the said property 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, by reason of the condemnation by the Obligor, of certain land located in Lower Allen Township, Cumberland County, Pennsylvania, described as follows: ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point, said point being an iron pin (found) on the northerly right-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (lq 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Brace L. Walmer North thirty-nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer right-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fifty- five seconds East (N 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 ° 34'09" E) a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty- nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the Document #: 230950.1 (Walmer) aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. to which payment well an truly to be made, the Obligor does bind itself and his successors, and assigns, firmly by these presents. ~d /~/ Sealed with the corporate seals and duly executed this ay of /[ / ~'' , 2002. WHEREAS, Lower Allen Township Sewer Authority has condemned the said property and cannot agree with the owner or owners of said land upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation; NOW THE CONDITION of this Bond is such that if LOWER ALLEN TOWNSHIP SEWER AUTHORITY, the Obligor herein, shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such 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 ~ ,,,"~"~%'5:~;'1:~ "-. LOWER ALLEN TWP. SEWER AUTHORITY ~,. '~. Document #: 230950.1 (Walmer) aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. to which payment well an truly to be made, the Obligor does bind itself and his successors, and assigns, firmly by these presents. ~d / Sealed with the corporate seals and duly executed this ay of /,/it /~ ., 2002. WHEREAS, Lower Allen Township Sewer Authority has condemned the said property and cannot agree with the owner or owners of said land upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation; NOW THE CONDITION of this Bond is such that if LOWER ALLEN TOWNSHIP SEWER AUTHORITY, the Obligor herein, shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such 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 fome LOWER ALLEN TWP. SEWER AUTHORITY Bi: Ch'air~an (.f Document #: 230950.10Valmer) SHERIFF'S RETURN - CASE NO: 2002-01670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWER ALLEN TWP SEWER AUTHOR VS WALMER BRUCE L REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING was served upon WALMER BRUCE L the CONDENNEE at 1800:00 HOURS, at 123 LIMESTONE DRIVE on the 29th day of April , 2002 CAMP HILL, PA 17011 by handing to BRUCE WALMER a true and attested copy of DECLARATION OF TAKING together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.75 Affidavit .00 Surcharge 10.00 .00 45.75 Sworn and Subscribed to before me this /~,.~ day of ~, ~2~ A.D. ~ P;rot honot ar~ ' SO Answers: R. Thomas Kline Deputy Sheriff SHERIFF'S RETURN CASE NO: 2002-01670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWER ALLEN TWP SEWER AUTHOR VS WALMER BRUCE L - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named CONDEMNEE , to wit: WALMER BRUCE L but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within DECLAR3tTION OF TAKING He therefore Pennsylvania, to On April 30th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 29.25 .00 54.25 04/30/2002 METZGER WICKERSHAM So answ~~/~..~J / R./Thomas Kl~i~e Sheriff of Cumberland County Sworn and subscribed to before me this 7~ day of ~ A.D. t ! P~o't h'onot ary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Shcriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : LOWER ALLEN TOWNSHIP SEWER AUTHORITY vs County of Dauphln : WALMER BRUCE L Sheriff' s Return No. 0977-T - -2002 OTHER COUNTY NO. 02-1670 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WALMER BRUCE L the DEFENDANT named in the within DECLARATION OF T~ING and that I am unable to find him/her in the County of Dauphin, and therefore return same I~OT FOD-RD, April 22, 2002 DEFENDANT DOES NOT WORK & LIVE IN DAUPHIN COUNTY. LIVES AT 123 LIMESTONE DR., CAMP HILL, PA 17011, POE: PHEAA, IN CAMP HILL, BOTH IN CUMBERLAiFD COUNTY. Sworn and subscribed to before me this 22ND day of APRIL, 2002 PROTHONOTARY So Axlswers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:S29.25 PD 04/22/2002 RCPT NO 163260 -In The Court of Common Pleas of Cumberland County, Pennsylvania Lower Allen Township Sewer Authority VS. Bruce Walmer SERVE: Bruce Walmer 02 1670 civil No. Now, April 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r~ughin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ~20 ,at o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Bruce L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 : : CIVIL ACTION- LAW : : EMINENT DOMAIN PROCEEDINGS : : INREM NOTICE TO CONllEM3,1EE OF FH,1NG OF IIECI.ARATION OF TALCING In accordance with Section 405 of the Eminent Domain Code of 1964, 26 P.S. {}1-405, the Lower Allen Township Sewer Authority notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on April 5, 2002, in the Court of Common Pleas of Cumberland County at the above name, term and number; 2. Your property has been condemned for purposes of the sanitary sewer transmissions line and appurtenances. Identification of your property appears on Exhibit "C" of the Declaration of Taking; 3. If you wish to challenge the power or right of the Lower Allen Township Sewer Authority to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within 30 days of being served with this Notice. Date: Respectfully Submitted, Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #: 235535.1 IN RE: : IN THE COURT OF COIVlMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Condemnation by Lower Allen Township : Sewer Authority, Cumberland County, : NO. o,,z./(, 'tO Civil 2002 Pennsylvania, of land in Lower Allen : Township, Cumberland County, : CIVIL ACTION- LAW ~ c~ Pennsylvania, Owned by Brace L. Walmer, : '~ for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEED~ and Appurtenances. : : rNREM The Lower Allen Township Sewer Authority does hereby respectfully declare that: 1. The Condernnor is Lower Allen Township Sewer Authority, a municipal authority duly organized and existing under the laws of the Commonwealth of Pennsylvania, and is located at 120 Limekiln Road, New Cumberland, Pennsylvania 17070. 2. The interest in and to the property described in Exhibit "A", attached hereto and made a part hereof is hereby condemned as an easement for sanitary sewer transmission lines and appurtenances by the Condemnor pursuant to the Municipality Authorities Act of 1945, as amended in 2001, and to the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 1-101, et seq, and as authorized by Resolution 2002-A-05 adopted April 4, 2002 by said Condenmor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "B". The original thereof may be examined at the address of the Condemnor as stated above. 3. The purpose of the condemnation is to provide sanitary sewer transmission lines and appurtenances for extension of the sewer system of the Condemnor. 4. A description of the easement condemned sufficient for its identification is set forth in Exhibit "A" attached hereto and made a part hereof. A plan showing the property over which the easement is condemned is on the same day as this Declaration of Taking being filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, and being recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code as amended, 26 P.S. Section 1-404. Document t~: 230738.1 5. The nature of the title acquired is a perpetual right-of-way in, over, under, and across the tract of land hereinbefore described for the free, unobstructed, and uninterrupted liberty and privilege, tract occupancy, and use of said tract of land for all acts required, from time to time, in clearing, trenching, installing, constructing, laying, using, operating, maintaining, inspecting, removing, repairing, replacing, relaying, enlarging, and adding to from time to time a sanitary sewer line or lines for the transportation of sewage with manholes, appurtenances, and attached facilities, and any and all rights, powers, and privileges appurtenant and related to the enjoyment of said perpetual right-of-way or perpetual easement, including, without limiting the granting of the foregoing, the right, power, and privilege to have officers, agents, employees, or contractors go in, over, under, across, or upon said tract of land and to do and perform, with or without equipment, any and all said acts thereon, therein, thereunder, or thereupon which are necessary to carrying into effect the purposes recited above and the right, power, and privilege of anyone to construct or maintain anything in, over, under, across, or upon said tract of land which would interfere with the purposes recited above. 6. A plan showing the condemned premises may be inspected during all business hours at the address of the Condemnor as stated above. 7. Just compensation for the condemnation of said property is secured by open-end bond with surety pursuant to Section 403(a) of the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 403(a), copy of which bond is attached hereto and made part hereof as Exhibit LOWER ALLEN TOWNSHIP SEWER AUTHORITY Robert. Moore, Chairman -2- COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Robert J. Moore, being duly sworn according to law, deposes and says that he is the Chairman of Lower Allen Township Sewer Authority, and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and all the facts in the foregoing Declaration of Taking so far as they are within his personal knowledge are tree and correct and as to facts based upon the information of others, he believes them to be tree and correct. o ert . Mo(nfl, Chairman SWORN to and S, gbscribed before n~e this ~l--v--day of ~-'~5.,~,,~ ,2002. \ t~a~y Public ' My Commission Expires: , ~.%LItI£. ,,, ~'~'"~ ~""d"' NOTARIAL Fai~'¥l~w TWp. -3- EXHIBIT A SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM BRUCE L. WALMER BY LOWER ALLEN TOWNSHIP AUTHORITY Beginning at a point, said point being an iron pin (found) on the northerly right-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (N 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Bruce L. Walmer North thirty- nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer right-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fifty-five seconds East (N 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 ° 34'09" E) a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty-nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" VO a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. Document (4:230642.1 ~_% BRUCE L WALMER'/ ~ "~ DEED BObX 195 I u~. froot No I ~,j ALFRED O. SOHRO:~ ~ LINE DATA LINE NO. BEARING ' DISTANCE L1 N 39'19'54" ~ 16.58' L2 N 61'I .3'35" E ~ 5..37' L3 N 61'34'09" E ~7.17' _L4 t S 39'19'34"~E 13.81~_ L5 S 70'.38'1 5" w 30.16' _NOIE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF ]'HE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY SCALE: 1"=50' PLAN SHEET: 2 TAX MAP REF.: TOTAL AREA OF R/W ON PROPERTY: 45.3.56 Sq. Ft. or 0.01 Acres RIGH I--OF-WAY TO BE ACOUIRED FROM BRUCE L. WALMER OF LOWER ALLEN TOWNSHIP, CUMBERLAND CO BY LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA GANNETT FLEMING, INC. tlARRISBURC, PA JANU~J~Y 2002 Lower Allen Township Authority Resolution 2002-A-05 A RESOLUTION OF THE LOWER ALLEN TOWNSHIP SEWER AUTHORITY AUTHORIZING THE SELECTION, APPROPRIATION, AND CONDEMNATION OF EASEMENTS FOR RIGHT-OF-WAY FOR SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES, AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS LANDS OF BRUCE L. WALMER AND HEARTLAND PROPERTIES, L.P., THEIR HEIRS AND ASSIGNS, IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF. WHEREAS, Lower Allen Township Sewer Authority ("Authority") is a municipality authority incorporated and existing under provisions of the Pennsylvania Municipal Authorities Act of 1945, approved May 2, 1945, P.L. 382, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, is desirous of extending its service and improving its service area with an improvement generally known as the "Cedar Run Sewer Improvement Project;" and WHEREAS, said Plan inter ~li~. provides for the construction of a collection, conveyance, treatment of wastewater, and disposal system of Authority in a portion of the Township (hereinafter referred to as "Project"); and WHEREAS, the Authority is about to proceed with the Project by construction of sanitary sewer lines with manholes, appurtenances, and attached facilities and pump stations. WHEREAS, in accordance with the provisions of Section 11 of the Municipality Authorities Act of 1945, May 2, P.L. 382, Section 314, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, the Authority is authorized to acquire a perpetual easement and right-of-way in land through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED, by the Board of this Authority as follows: Lower Allen Township Sewer Authority, in accordance with authority conferred by law, selects, appropriates, and condemns land of Bruce L. Walmer and Heartland Properties, L.P., their heirs and assigns for a perpetual easement and right-of-way for the purposes herein set forth: Document #: 230592.1 -I- F~ement "A" Beginning at a point, said point being an iron pin (found) on the northerly right-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (N 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Bruce L. Walmer North thirty- nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer right-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fifty-five seconds East (N 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 o 34'09" E) a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty-nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. Easement "FV' Beginning at a point, said point being an iron pin (found) on the southerly fight-of-way of U.S. Route 15 S.R. 0015; thence along the aforesaid right-of-way line South fifty-two degrees thirteen minutes and twenty-two seconds West (S 52° 13' 22" W) a distance of three hundred eighty- seven and one hundredths feet (387.01') to the Point of Beginning; thence through the lands of Heartland Properties Limited Partnership South forty-three degrees thirty-eight minutes nine seconds East (S 43° 38' 09" E) a distance of two and twenty hundredths feet (2.20') to a point on the northerly fight-of-way line of an existing thirty foot (30') sanitary sewer fight-of-way; thence along the aforesaid northerly right-of-way line South fifty-two degrees nine minutes thirty-nine seconds West (S 52° 09' 39" W) a distance of thirteen and one hundredths feet (13.01') to a point; thence continuing along the aforesaid fight-of-way line South fifty-six degrees seventeen minutes thirty-five seconds West (S 56°17' 35" W) a distance of seventeen and thirty-one hundredths feet (17.31') to a point; thence thru the lands of aforesaid Heartland North forty-three degrees thirty- eight minutes nine seconds West (N 43° 38' 09" W) a distance of one and ninety-nine hundredths feet (1.99') to a point on the southerly right-of-way line of the aforesaid U.S. Route 15; thence along the aforesaid southerly right-of-way line North fifty-five degrees thirty-three; minutes twenty-seven seconds East (N 55° 33' 27" E) a distance of seventeen and thirty-one hundredths feet (17.31') to a point; thence continuing along the aforesaid right-of-way line North fifty-two degrees thirteen minutes twenty-two seconds East (N 52 ° 13' 22" E) a distance of twelve and ninety-eight hundredths feet (12.98') to the Point Of Beginning. Document #: 230720.1 -2- The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001 Acres. The title to be acquired is a perpetual right-of-way or perpetual easement in, over, under, and across the tmet of land hereinbefore described for the free, unobstructed, and uninterrupted liberty and privilege, tract occupancy, and use of said tract of land for all acts required, from time to time, in clearing, trenching, installing, constmcting, laying, using, operating, maintaining, inspecting, removing, repairing, replacing, relaying, enlarging, and adding to from time to time a sanitary sewer line or lines for the transportation of sewage with manholes, appurtenances, and attached facilities, and any and all rights, powers, and privileges appurtenant and related to the enjoyment of said perpetual fight-of-way or perpetual easement, including, without limiting the granting of the foregoing, the fight, power, and privilege to have officers, agents, employees, or contractors go in, over, under, across, or upon said tract of land and to do and perform, with or without equipment, any and all said acts thereon, therein, thereunder, or thereupon which are necessary to carrying into effect the purposes recited above and the fight, power, and privilege to prevent anyone to construct or maintain anything in, over, under, across, or upon said tract of land which would interfere with the purposes recited above. The proper officers and solicitor of the Authority are hereby authorized and directed to do all things necessary, required, and requisite to accomplish and complete said condemnation proceeding, under the requirements of existing law, including but not limited to the preparation and filing of a declaration of taking, and such other proceedings, including the entry of such bond as may be necessary or desirable to carry out the purpose of this Resolution, and including relocation of any temporary construction easement. 4. The institution of such proceedings and any damages, which may be awarded to the owners of said premises, shall be paid out of the funds of the Authority. ENACTED into a Resolution this 4th day of April 2002. ATTEST: ~ LOWER ALLEN TOWNSHIP AUTHORITY Chairm~ -3- BOND WITHOIIT ~IIRETy KNOW ALL MEN BY THESE PRESENTS, that LOWER ALLEN TOWNSHIP SEWER AUTHORITY, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, now repealed and reenacted by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, having its principal place of business at 120 Limekiln Road, New Cumberland, Pennsylvania 17070, 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 property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the said owner or owners of the said property 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, by reason of the condemnation by the Obligor, of certain land located in Lower Allen Township, Cumberland County, Pennsylvania, described as follows: ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point, said point being an iron pin (found) on the northerly fight-of-way line of U.S. Route 15 S.R. 0015; thence along said right-of-way North seventy degrees thirty-eight minutes fifteen seconds East (N 70° 38' 15" E) a distance of sixteen and ninety-six hundredths feet (16.96') to the Point Of Beginning; thence than the lands of Bruce L. Walmer North thirty-nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot (20') sanitary sewer right-of-way; thence along the aforesaid right-of-way line North sixty-one degrees thirteen minutes thirty-four and fifty- five seconds East (Iq 61° 13' 35" E) a distance of thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the a~oresaid right-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 o 34'09" E) a distance of seventeen and seventeen htmdredths feet (17.17') to a point; thence through the lands of the aforesaid Walmer property South thirty- nine degrees nineteen minutes thirty-four seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a point on the northerly right-of-way of the aforesaid U.S. Route 15; thence continuing along the Document #: 230950. I OValmer) aforesaid right-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S 70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of the pemianent right-of-way is 453.56 Sq. Ft. or 0.01 Acres. to which payment well an truly to be made, the Obligor does bind itself and his successors, and assigns, firmly by these presents. Sealed with the corporate seals and duly executed this . day of 2002. WHEREAS, Lower Allen Township Sewer Authority has condemned the said property and cannot agree' with the owner or owners of said land upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation; NOW THE CONDITION of this Bond is such that if LOWER ALLEN TOWNSHIP SEWER AUTHORITY, the Obligor herein, shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such 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 LOWER ALLEN TWP. SEWER AUTHORITY Chairman (57 Document it.- 230950. I (14/almeO Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 : : CIVIL ACTION- LAW Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. : : INREM C, ERTII~ICATE ~i~ gERVICI~. I, Steven P. Miner, of the law finn of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors for Lower Allen Township, hereby certify that on May 31, 2002, I served a copy of the foregoing Notice to Condemnee of Filing of Declaration of Taking by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid, and also by hand delivery, addressed to: Brace L. Walmer 123 Limestone Drive Camp Hill, PA 17011 METZGE1L ~CKERSHAM, KNAUSS & ERB, P.C. Document #: 235535.1 2 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, : Pennsylvania, of land in Lower Allen : Township, Cumberland County, : Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : and Appurtenances. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1670 Civil 2002 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS PETITION OF CONDEMNOR FOR WRIT OF POSSESSION The Petition of Lower Allen Township Sewer Authority pursuant to Section 407(a) of the Eminent Domain Code of 1964, 26 P.S. § 1-407, represents: A Declaration of Taking was filed on April 5, 2002, 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 by the Sheriff of Cumberland County on April 29, 2002. Included in the declaration of taking was interest in and to the property owned by Bruce L. Walmer ("Condemnee") and located at 123 Limestone Drive, Camp Hill, PA 17011 ("property"). On May 7, 2002, 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 $1,260.74. A copy of the written offer is attached as Exhibit "A.' On May 22, 2002, representatives of Condemnor met with Condemnee and again offered just compensation for the easement to Condemnee's property. A copy of written offer is attached as Exhibit "B." On June 3, 2002, A Notice To Condemnee of Declaration of Taking was filed with the Prothonotary. This document was served by hand delivery, certified mail and regular mail. The return receipt indicated the condemnee received the Notice on June 1, 2002. A copy of the Notice and U.S. Postal Service Return Receipt is attached as Exhibit "C." 6. On June 10, 2002, Condemnor notified Condemnee of the same offer in writing. A copy of the letter is attached as Exhibit "D." Condemnee has failed to file preliminary objections within 30 days of being served with the notice of declaration of taking. Condemnor is entitled to possession of easement of the property, conditioned upon payment to the Prothonotary of Condemnor's estimate of just Document ii: 236605.1 compensation in the amount of $1,260.74 for the use and benefit of Condemnee as its interest may appear. WHEREFORE, Condemnor Lower Allen Township Authority requests that this Court grant a role on Brace L. Walmer to show cause why a writ of possession conditioned upon payment to the Prothonotary of $1,260.74 for the use and benefit of Brace L. Walmer as its interest may appear, shall not issue. Date: Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner, Esquire I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document ii: 236605.1 VERIFICATION I, Robert J. Moore, hereby certify that I have read the foregoing Petition for Writ of VERIFICATION I, Robert J. Moore, hereby certify that I have read the foregoing Petition for Writ of Possession and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Document It: 236605.1 May 7, 2002 Bruce L. Walmer 123 Limestone Drive camp Hill, PA 17011 Re: Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, owned by Bruce L. Waimer for sanitary sewer transmission lines and appurtenances; Court of Common Pleas of Cumberland County, No. 02-1670 Civil 2002 Dear Mr. Walmer: SINCE/888 3211 North Front Street EO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Colonial Park 717-652-7020 Mechanicsburg 717-691-5577 Shippensbuxg 717-530-7515 By now, you have been served with the Notice of Declaration of Taking, both by certified mail and by the Sheriff of Cumberland County. would very much like to make payment on behalf of the Lower Allen Township Authority for the estimated just compensation for the taking. Using the assessment records of Cumberland County, your land is assessed at $18,970 for an area of .26 acres. The taking by Lower Allen Township encompasses 453.56 square feet. Based on this calculation, you are due $760.74. Additionally, the eminent domain code provides to you compensation for your expenses, including attorney's fees or appraisal costs. The statutory amount for this is $500.00. Therefore, the Authority wishes to pay you $1,260.74 to resolve this'claim. You may wish to consult with an attorney and look at your rights under the eminent domain code. Regardless of your acceptance of the estimated just compensation, you are entitled to petition the Board of Viewers of Cumberland County if you do not feel that the compensation paid to you is adequate. Please advise if you wish to avail yourself of this option. If you are represented by an attorney, please have that individual contact me on behalf of the Authority. In any case, please contact me so the estimated just compensation can be promptly paid. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner SPM:dz cc: William Brown, Manager (Lower Allen Township Authority) Docutnent #: 233702.1 Edward E. Knauss, IV* Jemd L. Hock Karl R. Hildabrand* Steven R Miner Clark DeVere E. Ralph Godfrey Steven C. Courmey Francis j'. Laffer~, IV David H: Martineau Andrew W. Norfleet Steven C. Skoff Melissa L. Van Eck And_mw C. Spears Young-Sub Koo * Board Certified in civil Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 Township, Cumberland County, : CIVIL ACTION- LAW Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. : : INREM RIGHT 01~' ENTRY ANI~ RECEIPT I, Bruce L. Walmer, Condemnee, hereby acknowledge receipt of the estimated just compensation for the condemnation in this matter provided by Lower Allen Township Sewer Authority in the amount of $1,260.74. By accepting the estimated just compensation, I also grant a right of entry to the Condemnor's, Lower Allen Township Authority, contractor to enter the condemned property to proceed with necessary work on the sanitary sewer transmission lines and appurtenances. BRUCE L. WALMER SWORN to and Subscribed before me this ~ day of ,2002. Notary Public My Commission Expires: Document #.. 234883.1 dUN - 4 2002 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Bruce L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 0 ~ : NO. 2002-1670 Civil 2002 : CIVIL ACT/ON- LAW 2: EMINENT DOMAIN PROCEEDINGS g DECT,AI~ ATION OF TAlOn/C In accordance with Section 405 of the Eminent Domain Code of 1964, 26 P.S. §1-405, the Lower Allen Township Sewer Authority notifies you that: I. A Declaration of Taking~ a copy of which is attached as Exhibit "A," was filed on April 5, 2002, in the Court of Common Pleas of Cumberland County at the above name, term and number; 2. Your property has been condemned for purposes of the sanitary sewer transmissions line and appurtenances. Identification of your property appears on Exhibit "C" of the Declaration of Taking; 3. If you wish to challenge the power or right of the Lower Allen Township Sewer Authority to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within 30 days of being served with this Notice. Date: Respectfully Submitted, METZGER, WI~HAM)KNAUSS & ERB, P.C. Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #: 23.~535.1 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Brace L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1670 Civil 2002 CIVIL ACTION- LAW EMINENT DOMAIN PROCEg. DINGS INREM I, Steven P. Miner, of the law. fixm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors for Lower Allen Township, hereby certify that on May 31, 2002, I served a copy of the foregoing Notice to Condemnee of Filing of Declaration of Taking by depositing same in the United States mail, certified mall, return receipt requested, postage prepaid, and by First Class Mall, postage prepaid, and also by hand delivery, addressed to: Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 METZGER,..~ ERB, P.C. Steven P. Miner, Esquire Document #: 235535.1 2 ~ · Complete items 1, 2, and 3. Also complete ] . item. 4 if Restricted Delivery is desired. ~ · ~nnt your name and address on the reverse I so that we can return the card to you. ~ · Attach this card to the back of the mailpiece, r or on the f~ont if space permits. ½ 1. Ar~c~ Addressed ~: Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 A. Received by (P/ease Pr/nt Clearly) I-I Agent [] Addressee delive~yaddressdiffemmfmm item 17 [] Yes If YES, enter delivery address below: [] No 2. Article Number (Copy from service label) Service Type J [] C~thled Mail [] Express Mail I [] Registered 3~Return Receipt for Merchandise ~ [] C.OD [ 4. Res~ct~De~lver~ (Extra F6e) [] yes PS Form 3811, July 1999 7099 3400 0014 1832 0711 Domestic Return Receipt 102595-99-M-178g Exhibit D June 10, 2002 Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 Re-' Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, owned by Bruce L. Walmer for sanitary sewer transmission lines and appurtenances; Court of Common Pleas of Cumberland County, No. 02-1670 Civil 2002 Dear Mr. Walmer: SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 ~,her Office8 Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg ~lh}~pensburg 717-692-5810 -530-7515 Since meeting with you and your wife on May 22, 2002, I have attempted to call your home and office on numerous occasions without success. I would very much appreciate a call from you or your legal counsel As you recall, I had indicated to you in correspondence dated May 7th and May 17th that I would very much like to pay the estimatedjust compensation to you for the Lower Allen Authority Claim. I had also provided you the receipt for these funds and I have a check ready to deliver at your convenience. Please contact me or have your legal counsel do so, so that I can provide these funds to you. Additionally, I have provided a separate notice to you that was served on your home on Friday, May 31, 2000. It explains additional rights that you have under the eminent domain code. You may wish to review these with your attorney. The purpose for the notice is the need to put a time limit on our continued conversation. If you do not wish to accept the estimated just compensation, I will have the money paid Board of View process, into Court and held during the I look forward to providing you the estimated just compensation as soon as possible. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner SPM:dz cc: William L. Brown, Manager (Lower Allen Township Authority) John J. Brnssman III P. E., Authority Engineer (Lower Allen Township Authority) Document #: 236783.1 James E Carl Edward E. Knanss, IV* Jemd L. Hock Karl IL Hildabrand* Steven P. Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Francis I. Laffer[, IV David H. Martineau Andrew W. Norfleet Melissa L. Van Eck Andrew C. Spears Young-Sub Koo * Board Cer~'fied in civil by the National Board JUL 0 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 . Township, Cumberland County, : CIVIL ACTION - LAW Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. : - RULE TO SHOW CAUSE _WHY .!1~, LAR~TI~)N OF TAKING SHOULD NOT ISSUE /-K J--OO ~AND N, .OW., ~is ~_~ day of~, on consideration of~the Petition of Lower Allen ~ownsmp authoffiy, a rule is granted ~p~[n Bruce L. Walmer to show cause why a writ of possession shall not issue conditioned ~l~n payment to the Pprothonotary of $1,260.74 for the use of Bruce L. Walmer without any commissions or fees deductible therefrom, as his interest may appear. Rule returnable ~ By the Court: Document #.. 236605.1 JUL O 0200Z Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen : IN THE COURT OF COMMON PLEASE : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 : CIVIL ACTION -- LAW Township, Cumberland County, : pennsylvania, Owned by Bruce L. Walmer, : EMINENT DOMAIN PROCEEDINGS For Sanitary Sewer Transmission Lines : And Appurtenances. : _ AMENDED RULE TO SHOW C~AU_S_E. U ~ NOW, ~s of 002, on co~afio~ o~i~°]c Toms~p Au~od~, ~ ~ended s ~ted upon Brace L.W~mer to show cause why a Writ of Possession s~l not issue con~fioned upon pa~ent to ~e Pro~ono~ of $1,260.74 for ~e use of Brace L. W~er, ~out ~y co~issiom or fees deductible ~ere~om, ~ ~s interest may appel. R~e re--hie in five (5) days ~er semite upon ~e condemee, p~suant to 26 P.S. ~1-407(a). Document # 236605.1 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Brace L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. : INREM : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 : : CIVIL ACTION - LAW : : EMINENT DOMAIN PROCEEDINGS . : CERTIFICATE OF SERVICE I, Young-Suh Koo, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors for Lower Allen Township Sewer Authority, hereby certify that on 11th day of July 2002, I served a copy of the Order pursuant to Plaintiff's Motion to Make Rule Absolute and Writ of Possession by hand delivery addressed to: Brace L. Walmer 123 Limestone Drive Camp Hill, PA 17011 METZGER~ICKERSHAM, KNAUSS & ERB, P.C. Document #: 238477.1 ' JUL 2002. Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Bruce L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 : : CIVIL ACTION - LAW . : EMINENT DOMAIN PROCEEDINGS : rity-~-0'-~y to~ ORDER AND NOW, this o 2002 on consideration of the Petition of Lower Allen Township Autho for a Motion ~ I Rule Absolute, it is hereby ordered that the rule is made absolute and a writ of possession shall issue for the property located at 123 Limestone Drive, Camp Hill, Pennsylvania against Brace L.Walmer, upon payment to the Prothonotary of the sum of $1,260.74 from Lower Allen Township Authority for the use of Bruce L. Walmer as his interest may appear, without any commissions or fees deductible therefrom. By the Court: Co y 5, Document #: 238161.1 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, : IN THE COURT OF COMMON PLEASE : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 Pennsylvania, of land in Lower Allen : CIVIL ACTION -- LAW Township, Cumberland County, : Pennsylvania, Owned by Bruce L. Walmer, EMINENT DOMAIN PROCEEDINGS For Sanitary Sewer Transmission Lines : : And Appurtenances. MOTION TO MAKE RULE ABSOLUTE AND NOW, this ~_~day of July, 2002, comes Petitioner, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., counsel for Lower Allen Township Sewer Authority, and respectfully requests this Honorable Court to make the Rule to Show Cause dated July 2, 2002 absolute, and represents the following: 1. Petition of Condernnor for Writ of Possession was filed on July 2, 2002. 2. Pursuant to the above Petition, the Honorable George E. Hoffer issued a Rule on July 2, 2002, to show cause why a writ of possession conditioned upon payment to the Prothonotary of $1,260.74 for the use and benefit of Bruce L. Walmer as its interest may appear, shall not issue. (A true and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A') 3. This Honorable Court ordered that the Rule be returnable within five (5) days of service pursuant to 26 P.S. § 1-407(a). 4. On July 2, 2002, around 1:30 p.m., young-suh Koo, an employee of Metzger, Wickersham, Knauss & Erb served the Rule to Show Cause and Petition on Judy Walmer, wife of Bruce L. Walmer, at 123 Limestone Drive, Camp Hill, Pennsylvania 17011. 5. As of the date of this Motion, Bruce L. Walmer has not answered the Rule, which was returnable within 5 days upon service. Document #: 238161.1 WHEREFORE, Steven P. Miner, Esquire and the firm of Metzger, Wickersham, Knauss & Erb, P.C. respectfully requests this Honorable Court make its Rule absolute and enter an Order allowing Writ of Possession to issue. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Steven P. Miner, Esquire Attorney I.D. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: Document #: 2.;8161.1 umority, Cumberland County, Pennsylvania, of land in Lower Allen : INREM : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 Township, Cumberland County, : CIVIL ACTION - LAW Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. C~ERTIEICATE OF SERVICE I, Young-Suh Koo, of the law firm of Metzger, 'ckers . . ?owner Allen Township, hereby certiOe that on ~-/% ~[.a~3 Kn~.auss & Erb, P.C., Sohcitors for tne mregoing Motion to Make Rule ~bsolute b~ .a.a.y m ..~ [,.b/ , 2002, I served a copy of certified mail r ,.~;... ......... ,y oeposmng same ~the United Stat · eturn r~xv, s~quc~tet~ nostaoe ,,~a~:~ a, es mail, r ~, v-~vmu auaressed to: Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 METZGE CKERSHAM, KNAUSS & ERB, p C x oung-'Sull/Koo, ~squlre ~ Document #.. 258161. l Exhibit A Condenmation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 TownsMp, Cumberland County, : CIVIL ACTION - LAW Pennsylvania, Owned by Bruce L. Walmer, ~ For Sanitary Sewer Transmission Lines EMINENT DOMAIN PROCEEDINGS And Appurtenances. AM'ENDED RULE TO SHOW CAUSE ~]Xv'HY DECLARATION OF TAKING SHOULD NOT ISSU ~; ANONOW, this .gnddav_,~r",.^~/~:o~.. . · ~ j, ~a~ ! z~q~Z, Oil CoI~i(lera · · Township Authority an a...'~-.~ ._ . tion of the Petition of Lower Allen l-~ ,-n~ ~. waimcr to show cause why a Writ of Possession skall not issue conditioned upon payment to the Prothonotary of $1,260.74 for the use of Bruce L. Walmer, withouI any commissions or fccs deductible therefrom, as his interest may appear. Rule returnable in five (5) days after service upon the condemnee, pursuant to 26 P.S. §1-407(a). By the Court: Document It 236605.1 TRUE COPY FROM RECORD In Tesllmony w~lereof, I here unto set my bane and ~ seaJ of said Coon at Carlisle. Pa,: c Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen ': IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1670 Civil 2002 : Township, Cumberland County, : CIVIL ACTION - LAW Pennsylvania, Owned by Bruce L. Walmer,: for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. : PETITION OF CONDEMNOR FOR WRIT OF POSSESSION The Petition of Lower Allen Township Sewer Authority pursuant to Section 407(a) of the Eminent Domain Code of 1964, 26 P.S. §1407, represents: A Declaration of Taking was filed on April 5, 2002, 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 Condemnce by the Sheriff of Cumberland County on April 29, 2002. 2. Included in the declaration of taking was interest in and t~ the propeay owned by Brace L. Walmer ("Condemnee") and located at 123 Limestone Drive, Camp Hill, PA 17011 ("property"). 3. On May 7, 2002, Condemnor made Condenmee a written offer t~ pay Conderrmor's estimate of just compensation for the easement taken fi.om Condemnee's property in the amount of $1,260.74. A copy of the written offer is attached as Exhibit "A." On May 22, 2002, representatives of Condemnor met with Condernnee and again offered just compensation for the easement to Condemnee's property. A copy of written offer is attached as Exhibit "B.' On June 3, 2002, A Notice To Condemnee of Declaration of Taking was filed with the Prothonotary. This documem was served by hand delivery, certified mail and regular mail. The return receipt indicated the condemnee received the Notice on June 1, 2002. A copy of the Notice and U.S. Postal Service Return Receipt is attached as Exhibit "C.' 6. On June 10, 2002, Condemnor notified Condenmee of the same offer in writing. A copy of the letter is attached as Exhibit "D.' Condemnee has failed to file preliminary objections within 30 days of being served with the notice of declaration of taking. Condemnor is entitled to possession of easement of the property, conditioned upon payment to the Prothonotary of Condemnor's estimate of just Do. merit #: 23660J. I Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Brace L. Walmer, for Sanitary Sewer Transmission Lines and Appurtenances. : INREM :' IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS : INREM CERTIFICATE OF SERVICE I, Steven P. Miner, of the law finn of Metzger, Wickersham, Knaus~s & Erb, P.C., Solicitors for Lower Allen Township, hereby certify that on ~ day of ~ 2002, I served a copy of the foregoing 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, and also by hand delivery, addressed to: Brace L. Walmer 123 Limestone Drive Camp Hill, PA 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Document #: 23660.~.1 VERIFICATION I, Robert J. Moore, hereby certify that I have read the foregoing Petition for Writ of Possession and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Robert ~ M~:~,, Chairman Date: Document #: 23660~.1 compensation in the mount of $1,260.74 for the use and benefit of Condemnee as its interest may appear. WItEREFORE, Condemnor Lower Allen Township Authority requests that this Court grant a role on Bmee L. Walmer to show cause why a writ of possession conditioned upon payment to the Prothonotary orS1,260.74 for the use and benefit of Bruce L. Walmer as its interest may appea~, shall not issue. Date: Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner, Esquire I.D. No. 38901 3211 North Front SU'eet P.O. Box 5300 Hanisburg, PA 17110-0300 (717) 238-8187 Document #: 256605.1 May 7, 2002 Brace L. Walmer 123 Limestone Drive Camp Hill, PA 17011 Re: Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, owned by Bruce L Walmer for sanitary sewer transmission lines and appurtenances; Court of Common Pleas of Cumberland County, No. 02-1670 Civil 2002 3211 North Front Street EO. Box 5300 Harrisbur~ PA 17110-0300 717-238-8187 Fax: 717-234-9478 Colonial Park 717-6S2-7020 717-6914577 717-5~0-75~5 Dear Mr. Waimer: By now, you have been served with the Notice of Declaration of Taking, both by certified mail and by the Sheriff of Cumberland County. would very much like to make payment on behalf of the Lower Allen Township Authority for the estimatedjnst compensation for the taking. ? Y Using the assessment records of Cumberland County, your land is assessed at $18,970 for an area of .26 acres. The taking by Lower Allen Township encompasses 453.56 square feet. Based on this calculation, you are due $760.74. Additionally, ~he eminent domain code provides to you compensation for your expenses, including attorney's fees or appraisal costs. The statutory amount for this is $500.00. Therefore, the Authority wishes to pay you $1,260.74 to resolve this 'claim. You may wish to consult with an attorney and look at your rights under the eminent domain code. Regardless of your acceptance of the estimated just compensation, you are entitled to petition the Board of Viewers of Cumberland County if you do not feel that the compensation paid to you is adequate. Please advise if you wish to avail yourself of this option. If you are represented by an attorney, please have that individual contact me on behaff of the Authority. In any case, please contact me so the estimated jnst compensation can be promptly paid. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ER.B, P.C. Steven P. Miner SPM:dz cc: William Brown. Manager (Lower Allen Township Authority) Jam~ E Carl Edward E. Knausa, IV* Jex~l L. Hock Karl R, Hildabrand* Steven E Miner Clark DeVere E. Ralph GodfiW ~ran~I.~ W David I-L Maxtineau Anch-m~ W. Norfleet Steve~ C_ Skoff Melisaa L Va, nEck Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 : : CIVIL ACTION- LAW Pennsylvania, Owned by Bruce L. Walmer, : for Sanitary Sewer Transmission Lines : EMINENT DOMAIN PROCEEDINGS and Appurtenances. : : INREM Rlf'~l-rr o1~ i~,NTR¥ AN'I} I, Brace L. Walmer, Condemnee, hereby acknowledge receipt of the estimated just compensation for the condemnation in this matter provided by Lower Allen Township Sewer Authority in the amount of $1,260.74. By accepting the estimated just compensation, I also grant a right of entry to the Condemnofs, Lower Allen Township Authority, contractor to enter the condemned property to proceed with necessary work on the sanitary sewer transmission lines and appurtenances. BRUCE L. WALMER SWORN to and Subscribed before me this day of ,2002. NotaryPublic My Commission Expires: * · Complete items 1, 2, and 3. Al~o complete ~ item 4 if Restricted Delivery is desired. ~ · Pdnt you~ nm*ne and address on the reverse so that we can mtum the card to you. · Attach His card to the back of the mailpiece, or on the f~:mt if space p~mits. , Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 C. Signature ' ' Registered ~Retum Receipt fo~ Men=handise 2. Ar ticle Number (Copy fr~m serv~e ~abe0 7099 3400 0014 1832 0711 i PS Form 3811, July 1999 Domestic Return Receipt Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Bruce L. Walrner, for Sanitary Sewer Transmission Lines and Appurtenances. : IN TH~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002-1670 Civil 2002 : : CIVIL ACTION- LAW : : EMINENT DOMAIN PROCEEDINGS : : INREM C1F, RTII~TC ATI~, (~1~ I, SteYen P. Miner, of the law. firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors for Lower Allen Township, hereby certify that onMay 31, 2002, I served a copy of the foregoing Notice to Condenmee of Filing of Declarstion of Taking by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, and by First Class Mail, postage prepaid, and also by hand delivel% addressed to: Bruce L. Walrner 123 Limestone Drive Camp Hill, PA 17011 METZOER;~ ERB, P.C. Steven P. Miner, Esquire JUN - 4 2002 Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by Bruce L. Walmer, for Sanitary Sewer Trsn~mission Lines and Appurtenances. : I}4 TH~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1670 Civil 2002 _~g~ ~ '-~ · CIVIL ACTION- LAW EMIZqENT DOMAIN PROCEEDINGS ~ ,C'_,, In accordance with Section 405 of the F. minent Domain Code of 1964, 26 P.S. §1-405, the Lower Allen Township Sewer Authority notifies you that: I. A Declaratien of Taking, a copy of which is attached as Exhibit "A," was ftled on April 5, 2002, in the Court of Common Pleas of Cumberland County at the above name, term and number, 2. Your property has been condemned for purposes of the sanitary sewer tta~rai~siens line and appurtenances. Identification of your prope~d appears on Exhibit "C" of the Declaration of Taking; 3. If you wish to challenge the power or fight of the Lower Allen Township Sewer Authority to appropriate the condemned property, the sufficiency of the security, the procedu~ followed by the Condeninor, or the Declaration of Takin~ you are requi~ed to file Preliminary Objections within 30 days of being served with this Notice. Respectfully Submitted, Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 June I0, 2002 Bruce L. Walmer 123 Limestone Drive Camp Hill, PA 17011 Re: Condemnation by Lower Allen Township Sewer Authority, Cumberland County, Pennsylvania, of land in Lower Allen Township, Cumberland County, Pennsylvania, owned by Bruce L. Walmer for sanitary sewer transmission lines and appurtenances; Court of Common Pleas of Cumberland County, No. 02-1670 Civil 2002 3211 North Front Stxeet P.O. Box 5300 Ha~ PA 17110-0300 717-238-8187 Fa~ 717-23~9478 Other Offices Colonial Park Mecha~icsburg 7~7-652-7020 7~7-691-5577 Dear Mr. Wakner: Since meeting with you and your wife on May 22, 2002, I have attempted to call your home and office on numerous occasions without success. I would very much appreciate a call from you or your legal counsel. As you recall, I had indicated to you in correspondence dated May 7th and May 17th that I would very much like to pay the estimat~l just companY, ion to you for the Lower Allen Authority Claim. I had also provided you the receipt for these funds and I have a check ready to deliver at your convenience. Please contact me or have your legal counsel do so, so that I can provide these funds to you. Additionally, I have provided a separate notice to you flint was served on your home on Friday, May 31, 2000. It explains additional rights that you have under the eminent domain code. You may wish to review these with your attorney. The purpose for the notice is the need to put a tkne limit on our continued conversation. If you do not wish to accept the estimated just compensation, I will have the money paid into Court and held during the Board of View process. I look forward to providing you the estimated just compensation as soon as possible. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner SPM:dz cc: William L. Brown, Manager (Lower Allen Township Authority) John J. Brossman l]I P. E., Authority Engineer (Lower Allen Township Authority) James F. C~rl Edward E. Knauss, Jeiji L. Hock Karl R. Hildabrand* S~ven P. Miner Clark DeVe~ E. Ralph Godly Steven C Courmey Fr~ds I. L~, IV David H. Maffi~eau And~w W. Norlle~ ~ L. Van Eck WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN RE: Condenlnation by Lower Allen Township Sewer Authority, cumberland County, Pennsylvania, of land in Lower A~.len -Township, Cu~berlar~ County, Pennsylvania, Owned by Bruce L. Walme for Sanitary Sewer Transmission Lines and Appurtenances 1N THE COORT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-1670 civil Term No. Tenn Costs Att'y. $160.50 Pl'ff (s) $ $1.00 Due Prothy. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) for possession in the above matter you are directed to deliver possession of the following described property toi Petition of Lower Allen Township Authority for a Motion to Make Rule Plaintiff (s) Absolute. being: (Premises ~ Allows): 123 Limestone Drive, Camp Hill Pennsylvania against Bruce L. Walmer. I'RUE GOPY FROM RECORD ~,. ~'esitmo~ wlmreo(, t here unto set m/ (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Curtis R. Long, Prothonotary Date July 10, 2002 (SEAL) WRIT OF POSSESSION (Ejectment Condemnation by Lower Allen Township Sewer Authority, CLraberland County, Pennsylvania, of land in Lower ALlen ' Township, Cumberland County, n 'S Transmission Lines and Appurtenances Proceedings PRCP 3160 - 3165 etc.) IN THE COl jRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-1670 Civil Term No. ~ Term Att'y. _ Costs $160.50 Pl'ff (s) _ $ Prothy. _ $1.00 Due COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cu____qE.~mber 1 a n d _County, Pennsylvania (l) following described proPerty to: for possession in the above matter you are directed to deliver pOssession of the Wer Allen TOwnshi AUthorit,, for a MOtion to Make RUle Absolute. . being: (Premises as follows): Plaintiff (s) 123 Limestone Drive, Camp Hill Pennsylvania against Bruce L. Walmer. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dam (s) and sell his/her (or their) interest therein. )ate July 10, 2002 Curtis R. Lon Pm&on ,~ -- ~ Prothonotary BY /~d ~, i"m~ °~ "'uq}bc'la~'d C('unty, Pennsylvania o o ~ C ~'~,~ · o .o o~ ,oo By virtue of this writ, on the ~ day of , to 1 caused the within named _ appurtenances, and ~RI~ OF posSESSION have possession of the premises described with the RETURNED STAYED~ AS PER ATTY STEVEN MINOR. Sheriff's CostS: Docketing 18.00 ~ 1.oo Prothy 8.97 Sworn and subscribed to before me this Prothonotary Advance CostS: . 150.00 Sheriff's C~~ By virtue of this writ, on the I caused the within named day of have possession of the premises described with the appurtenances, and , to So Answers, Sworn and subscribed to before me this day of Prothonotary Sheriff By Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Condemnation of Lower Allen :: Township Sewer Authority, :: Cumberland County, Pennsylvania :: of land in Lower Allen Township :: Cumberland County, Pennsylvania :: Owned by Bruce L. Walmer, :: For Sanitary Sewer Transmission :: Lines And Appurtenances :: NO. 2002- 1670 CIVIL 2002 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please enter order for the withdrawal of escrowed funds paid into this Court by Lower Allen Township Sewer Authority, as just compensation for referenced condemnation of real estate of condemnee Bruce L. Walmer, in the amount of $1,260.74 for the use and benefit of Bruce L. Walmer. HUMER & DANIELS ~ William S. Daniels, Esquire Supreme Court ID No. 27735 One West High Street, Suite 205 Carlisle, PA 17013 717-243-3831 Attorney for Bruce L. Walmer HUMER & DANIELS By: William S. Daniels, Esquire Pennsylvania Supreme Court I.D. No. 27735 1 West High Street, Ste. 205 Carlisle, PA 17013 Telephone: 717-243-3831 Facsimile: 717-243-5916 liAR 18 2003 Attorney'for Condemnor, Steven P. Miner, Esquire IN RE: Condemnation of Lower Allen :: Township Sewer Authority, :: Cumberland County, Pennsylvania :: of land in Lower Allen Township :: Cumberland County, Pennsylvania :: Owned by Bruce L. Walmer, :: For Sanitary Sewer Transmission :: Lines And Appurtenances :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1670 CIVIL 2002 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS ORDER AND NOW, this ~ay of ~, 20¢3, it is hereby ORDERED that the Prothonotary of Cumberland County shall distribute all of the $1,260.74 funds escrowed in the above-captioned case as follows: $1,260.74 payable to Bruce L. Walmer