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Home My WebLink About06-2880 Johnson. Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No, 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com Solicitors for Condemnor IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE M, RUDY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Db - :l.i'PD e~J.'--&~ EMINENT DOMAIN PROCEEDING- IN REM DECLARATION OF TAKING (FEE SIMPLE AND EASEMENT) Cumberland Valley School District, pursuant to lhe Pennsylvania Eminent Domain Code ("Eminent Domain Code"), Acl of June 22, 1964, Spec, Sess" P.L 84, as amended, 25 P.S, ~~ 1-101 et seq., hereby declares: 1. The condemnor is Cumberland Valley School District ("School Districr), a school district organized and existing under the laws of the Commonwealth of Pennsylvania, 2. The School District's address is 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, 3, This condemnation is authorized by ~ 7-703 and ~ 7-721 of the Public School Code of 1949, Act of March 10, 1949, P. L. 30, Art I, as amended, 24 P,S, ~~ 1-101, el seq, 4. This Declaration of Taking is authorized by a Resolution of the Board of School Directors of lhe School District ("Board"), which was approved by a majority of the Board at a special public meeting held on May 1, 2006, A copy of the Resolution is attached hereto, made a part hereof, and marked Exhibit "A". A copy of the public record in this matter may be examined at the business office of the School District Administration Building, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, during regular business hours. 5, The School District has determined that it is necessary to construct a new elementary school building and related facilities to provide sufficient and adequate facilities for the education of students residing within the district, 6, The purpose of the condemnation is to acquire: (I) the fee simple interest in land measuring 35,242 square feet to provide for the construction of a new pUblic street which will serve the new elementary school building; (ii) a permanent utility easement measuring 1,880 square feet to provide for, among other lhings, the construction of certain storm water drainage improvements in connection with the new public street which will serve the new elementary school building; and (iii) a temporary construction easement measuring 13,279 square feet to provide for permanent grading adjacent to the utility easement and the new public road and otherwise facilitate the construction of the storm water drainage improvements and the new public road. 7, The property being condemned is a portion of a parcel of land located in Hampden Township, Cumberland County, Pennsylvania, described in a deed dated July 24, 1953, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book I, Volume 15, Page 438 ("Entire Property"), The record owners of the Entire Property are Earl L Rudy (deceased) and Florence M, Rudy, his widow. 8. The School District hereby appropriates and condemns, for the purposes set forth in Paragraph 6 above, that portion of the Entire Property measuring 50,401 square feel, described in the legal description and shown on the plat attached collectively hereto as Exhibit "B" ("Condemned Property"). 9. The interests in land acquired upon lhe Condemned Property are in the form of easements, specifically: (i) a fee simple interest in land measuring 35,242 square feet; (ii) a permanent utility easement measuring 1,880 square feet; and (ii) a temporary construction easemenl measuring 13,279 square feet, which said temporary construction easement shall extinguish automatically upon the completion of construction of the new public road to be constructed by the School District. 10. Notice of this condemnation, to which are attached a legal description and a plat showing the Condemned Property, is being filed of record in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, as of the same date as the filing of this Declaration of Taking, in accordance with Section 1-404 of the Eminent Domain Code, 11, A plan made for the use of a Board of View may be inspected at the School District Administration Building, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, during regular business hours, 12, The School District, by filing this action, does not waive, and hereby expressly reserves, all rights it may have to assert any claims due to known or unknown environmental conditions on or adjacent to the Condemned Property or the Entire Property, including without limitation, rights under common law, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S,C. ~ 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C ~ 6901, et seq" the Clean Water Act, 33 U.S,C, ~ 465, et seq" the Pennsylvania Storage Tank and Spill Prevention Act, 35, P,S. ~ 6201.101 et seq" the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. ~ 6019.101, et seq., and the Pennsylvania Clean Streams Law, 35 P .S. ~ 631,1, et seq. 13. Just compensation for the appropriation of the Condemned Property is secured by the taxing power of the School District, JOHNSON, DUFFIE, STEWART & WEIDNER L-.-- r R. 0 ,squire orney 1.0. No, 09601 01 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District :275464 VERI FICA TlON I, Karen y, Christie, President of the Board of School Directors of Cumberland Valley School District have read the foregoing Declaration of Taking and hereby affirm and verify that, to the best of my knowledge. information and belief, all the statements made therein are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C,SA ~904 relating to unsworn falsification to authorities. DATE: )-Itf-Cr; OOl DISTRICT Karen Y. Christi resident Board of School Directors fx/lih j+- A- CUMBERLAND VALLEY SCHOOL DISTRICT RESOLUTION NO. 2006- 1./ A RESOLUTION OF THE BOARD OF SCHOOL DIRECTORS OF THE CUMBERLAND VALLEY SCHOOL DISTRICT AUTHORIZING THE SELECTION, CONDEMNATION AND APPROPRIATION OF CERTAIN LAND SITUATE IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA, FOR PUBLIC SCHOOL PURPOSES, TO INCLUDE THE CONSTRUCTION OF A PUBLIC ROADWAY AS REQUIRED FOR MUNICIPAL AND COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPROVALS FOR THE CONSTRUCTION OF THE NEW SHAULL ELEMENTARY SCHOOL, AND AUTHORIZING THE FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF. WHEREAS, the Cumberland Valley School District ("School District") has proposed the conslruction of a new Shaull Elementary School, a public school facility, to be constructed on vacant land owned by the School District on the north side of Wertzville Road, Hampden Township, Cumberland Counly, Pennsylvania; and WHEREAS, it is necessary that the School District acquire and secure certain lands in Hampden Township for the purpose of constructing a new public road as required by Hampden Township and the Commonwealth of Pennsylvania, Department of Transportation, as a condition of approval of the land development plans for the construction of the school; and WHEREAS, the School District has determined a need to acquire certain lands owned by Florence M. Rudy, being parts of the parcel described in the deed to Earl L. Rudy (deceased) and Florence M. Rudy, his wife, dated July 24, 1953 and recorded in the Office of the Recorded of Deeds for Cumberland County, Pennsylvania in Deed Book 1-15, Page 438, which will accommodate the construction of the improvements described above; and WHEREAS, said acquisition of lands includes: (i) the fee simple interesl of land measuring 35,242 square feet for the construction of said new public road, as depicted on Exhibit A; (ii) a permanenl utility easemenl measuring 1,880 square feel wherein a portion of the storm water drainage infrastructure for said new public road will be constructed, as depicted in Exhibit A; and (iii) a temporary construction easement measuring 13,279 square feet to accommodate the construction of the new public road, as depicted in Exhibit "A:; and WHEREAS, the School District has attempted but has thus far been unsuccessful in negotiating the acquisition of the land from said owners; and WHEREAS, the in accordance with Article VII, Section 721 et seq, of the Public School Code of 1949, Act of March 10, 1949, P.L 30, as amended (53 P.S. ~~7-721 et seq.), the School District is authorized to acquire and secure fee simple title and easements in and to said land for school purposes pursuant to eminent domain proceedings, NOW, THEREFORE, on motion duly made, seconded and passed on a roll call vote by the Board of School Directors of the Cumberland Valley School District, be and it is hereby RESOLVED: Section 1: This School District hereby selects, condemns and appropriates certain lands of Florence M, Rudy, situate in Hampden Township, Cumberland County, Pennsylvania, being part of the parcel described in the deed to Earl L Rudy (deceased) and Florence M, Rudy, his wife, dated July 24, 1953 and recorded in the Office of the Recorded of Deeds for Cumberland County, Pennsylvania in Deed Book 1-15, Page 438, The said area of land being selected, condemned and appropriated includes: (i) the fee simple interest of land measuring 35,242 square feet for the construction of a new public road, as depicted in Exhibit A; (ii) a permanent utility easement measuring 1,880 square feet wherein a portion of the storm water drainage infrastructure for said new public road will be construcled, as depicted on Exhibil "A"; and (iii) a temporary construction easement measuring 13,279 square feet to accommodate the construction of the new public road, as depicted in Exhibit A. Section 2: The Board of School Directors of the Cumberland Valley School District and its proper officers are hereby authorized to file such Declaration of Taking and such other papers, documents or proceedings and to perform other actions necessary and requisite to carry out the purposes of this Resolution, and said officers and the School District's employees are authorized and empowered to enter upon the land to be taken, condemned and appropriated in order to make studies, surveys, tests, soundings and appraisals, and to develop, construct, operate and maintain the public school facility thereof. Section 3: The institution of such proceedings, including the entry of such bond as may be required, and any other damages which may be awarded to the owners of the land shall be paid from such funds which may become available and from time to time appropriated by the School District through its Board of School Directors for such purposes, DULY ADOPTED this / day of ;/l/a ty , 2006, by the u Board of School Directors of the Cumberland Valley School District in lawful session duly assembled. CUMBERLAND VALLEY SCHOOL DISTRICT ByJ~,~ Board of School Directors ATTEST: ~J- .~~ Michael Dieffen~secretary Board of School Directors (SEAL) :267540 . EXHIBIT A PLAN DEPICTING LAND TO BE ACQUIRED o 00C ~~~ O~< '" ~~ ~O ~~-'" u'i"g:r:: '< .~ ~~a ~~ ~w :....i;-.. ~w ~ Si ~ ('l . . 0 c 8 8e '" ~< "' ,<ita (j) oi~f!l -~ -I ~~l> -I "'~)> .."'Z b"...l~ ~~z -I r g:t.~ f]~~ ~ ," , ",-",' "" " ' \: ~~~ ' rrrC ;uJ~~ r ~~52 ::JB8'1c ~" "' (j) ~~~'" ~~~'" ~0>-':70 ~g~z. , ." ""m , '\ I ~,."" L.tlt \\ ~ \ ' , , 1 \ ~ ~ ~\ Ul, r \" 'i -, '" \I ~ \ \ ~ ,~ o '" o '" "'.. ~o :r: ii (j) " ,. r", ~a "'" .. q q " o l 'J\ ':\ c ~ DEllCK.&~~o~9,~ -- CM.__.IMCl~ ."....- ..~...,---- """",u_..u<runtJ...,,.., \ - g i ~\ ~ ~ ~ \ U 00'0' ...:..-- .3"Z:~"OS r; ~ ? -a ~ :-10' ;t~r #-* CiIJ'" f>>)-~ ';j(m l Ii -..m 9~1J - c 5\ \ -~-I "'~m ~U1~ ~>!~ ~9?l , ~~ ~i ~- m~ ~ -c~ '~ g~~ " ~~~ o Z "fTl~ -l~-l ~~ g~ ~ ~ - , "11211 Z ~~r~ <:1 '" "'mm m z~" ll-\>\'t\ l'Tl-<'Cl 730~l'T1 ~"'ll;)> -<mOlW; . >-:1 ~~m r -z rll~ *t\1~ 0-1 z- z -IC ~m mO /.,l.:/.-b t~.t\~ "".Q:.!..-- *~~ ~~m ~~, )> ~'z ~g ~~-l o~ mZ Q~ 0- )>~ ~ ~ \ I " \" 11\ ~\ \I,tl' \, \ -q ,jC I ,\"1\ \ \"1\ \ . ,~I, \ ..~ '-(;Q" ,"II~~" ~,',-\"€- -~" o?'E.~'Ti" \..\ " " T'~ "" "- '" " '" " " ~,~~ ~ 8 -I.., - .'- "- I , " " " "" "" '" "" "" 1" " "" '"'' '-"" " \ ijj ':'A""'~ - \ '''ISf::. " " '\" '<:. ". !.;~~'~~~~ '\ ""'" """ /""'" "'-",, ""'" "','" ""''b-, '\"""" ):., 01 z ~ l\, ~ no ~ ~ '}, ~ "~,~"~~ 8. t- " " " " "" " " " t'\Io.1'a-l UNE ~~ """" """" '" "" '''' . "'l"l4~"'Q . LEGAL EXHIBIT "08-A" REf. StET t: SHAULL ELEMENTARY SCHOOL SPEC SECT PAIlt: ""''' SCAlf:I'..40'''-O" DATE: 3/1312006 DWO Wf: AJ5 PROJI:. 04\2~ ENlG-8 f/~\b.,t B 1,:',1' ~~,:'I; ~\,: ',-:' .~" : LEGAL DESCRIPTION CUMBERLAND V ALLEY SCHOOL DISTRICT NIP EARL 1. & FLORENCE RUDY - CONTAINING "ROAD B" (1) REQUIRED HAMPDEN TOWNSHIP RIGHT-OF-WAY All thaI certain tract, piece or 101 SITUATE on the interseclion of Lambs Gap Road (SR 1011) and "Road B" and the intersection of "Road A" as shown on "Legal Exhibit 08 for SHAULL ELEMENTARY SCHOOL" prepared by Derek & Edson Associates, LLP, dated March 13, 2006, and as shown on a plan known as the Preliminary / Final Land Developmenl Plan for Shaull Elementary School as prepared by Derck & Edson Associates, LLP, Drawing No. 04123 dated November 8, 2005 and last revised January 20, 2006 and being more fully bounded and described as follows: BEGINNING at a poinl along the Lambs Gap Road righl-of-way line at the northeasl comer of the property owned by nlfEarl 1. & Florence Rudy; thence along the south property line of the righl-of-way line for "Road B" South 06 degrees II minutes 52 seconds East a distance of 50.00 feet to a point; thence along said property South 83 degrees 48 minutes 08 seconds West a distance of 266.67 feet to a point; thence along the right-of-way line for "Road B" South 06 degrees 11 minutes 52 seconds East a distance of 1 0.00 feet to a poinl; thence along the right-of-way line for "Road B" South 83 degrees 48 minules 08 seconds West a distance of316.02 feet to a point; thence along the righl- of-way line for "Road B" along a curve to the left having a radius of 55.00 feel on a central angle of 46 degrees 44 minutes 00 seconds with an arc length of 44.86 feet, tangent of23.76 feel, and a chord bearing of South 60 degrees 26 minutes 08 seconds Wesl a distance of 43 .63 feet to a point; thence along the property line of said property North 12 degrees 30 minutes 28 seconds West a distance of 77.77 feel to a point; thence along said property line North 83 degrees 48 minutes 08 seconds a distance of 631.29 feel 10 the point and place of BEGINNING. CONTAINING: 35,242 square feet (0.809 acres) 2.) PERMANENT HAMPDEN TOWNSHIP UTILITY EASEMENT BEGINNING 38.42 feel from the intersection of Earl 1. & Florence Rudy property and right-of-way lines; thence South 06 degrees II minules 52 seconds East a distance of 60.00 feet to a point intersecting the temporary construclion easement line; thence along the easement line South 83 degrees 48 minules 08 seconds West a distance of20.00 feel to a point; thence along the easement line North 06 degrees II minutes 52 seconds Wesl a dislance of23.77 feel to a point; thence along the easement line North 52 degrees 12 minutes IS seconds West a dislance of 52.16 feet to a poinl intersecting the right-of-way line for "Road B" thence along the right-of-way line for "Road B" North 83 degrees 48 minutes 08 seconds East a distance of 57.52 feet to the point and place of BEGINNING. CONTAINING: 1,880 square feet ( 0.043 acres) DERCK & EDSON ASSOCIATES, LLP LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS 33 SOUTH BROAD STREET LITITZ, PENNSYLVANIA 17543 April 28, 2006 P:\2004\04123-Shaull Elementary School\Project Administration\Misc\Legal Descriptions\060428 LEGAL DESCRIPTIONS RUDY PROPERTY,doc LEGAL DESCRIPTION CUMBERLAND V ALLEY SCHOOL DISTRICT N/F EARL 1. & FLORENCE RUDY - CONTAINING "ROAD B" (3) REQUIRED HAMPDEN TOWNSHIP TEMPORARY CONSTRUCTION EASEMENT BEGINNING at a point along the Lambs Gap Road right-of-way line on the eastern line of the property owned by n/fEarl 1. and Florence Rudy; thence along the right-of-way line of Lambs Gap Road South 06 degrees 11 minutes 52 seconds East a distance of 60.00 feet to a point; thence through said Rudy lands South 83 degrees 48 minutes 08 seconds West a distance of 85.00 feet to a point; thence continuing through said Rudy lands North 79 degrees 18 minutes 07 seconds West a distance of 137.63 feet to a point; thence continuing through said Rudy lands South 83 degrees 48 minutes 08 seconds West a distance of 100.00 feet to a point; thence continuing through said Rudy lands by a curve to the left having a radius of 35.00 feet on a central angle of96 degrees 18 minutes 36 seconds with an arc length of58.83 feet, a tangent of 39.80 feet and a chord bearing of South 35 degrees 38 minutes 50 seconds West a distance of 52.15 feet to a point; thence along the western property line of said Rudy lands North 12 degrees 30 minutes 28 seconds West a distance of 41.80 feet to a point on the southern line of the "Road B" right-of-way; thence along said "Road B" right-of-way line by a curve to the right having a radius of 55 feet on a central angle of 46 degrees 44 minutes 00 seconds with an arc length of 44.86 feet, a tangent of23.76 feet and a chord bearing of North 60 degrees 26 minutes 08 seconds East a distance of 43.63 feet to a point; thence along the same North 83 degrees 48 minutes 08 seconds East a distance 0016.02 feet to the point and place of BEGINNING. CONTAINING 13,279 square feet. ,,~8 ~.e..~ ~ ~~ iliq "'~ O'~n ~@~ ~~" ~~ i;I~ ~ ili$1; n 881"~ ~< '" ;l~o U> . '", t!~-l ~~> ~ w~> ",wz o"...J~ ~~z ~ c g:t~ re~!1 " -" ,""" '\.,," '. " ' ,\:':"~ <5 '" o " ;OJ>. 100 :I: R U> n l> roo !!lo -. J>. q q "' o ,r-~r iui.~ c tll~5~ :J88!1c "z '" U> ~~~~ =~=\:! Iii -oi1!! 'l@'li\ ,~~ DEllCK&~}?~~,~ -~ 04_. wa...- '''__'A~'''__ n_m'_1mIIIErumz.,.."." \@ i \ ~ 00'0" '-- .;!;is,llo'!lO<; 71 m -< ~ 1) ~~2~ ~ ~!JI~@ '" i'i~>~ T\'1-(l""o ~\\~~ :5 ;s;~ -<mmXi , >-3 ~~~ c@ ;'~g 2- z ~c ,,~ ~o .' 'dO' .,II/~~" ~,,,. ---..~" Of"'E.fLi-r L.' ,,"- f'~ "" "- " " " il " \ ~ ~ \ \,\) \ ~~~ ~ \ \ :~;; \ ; II \ w ~ ~ ~~., :\ \ ?J I ;:~~",'<.. \ m \ ~"'~~~~ \ -\ \ \ """ - z """ ~ ~ ~""" & """ ~ ""'" m """" ""'b, ""~' ~ :-lo' ;:tj:ll: 0-. ?l;!! ,,- ~ ~~~ -..~ 2~" - c ~ \ T ~d "I-~ , 2~ ~I ~- ~~ ~ ili~~ ~~!JI ~'l' ~,~ o~~ "I''! . ~-I o~ ~~ ~;; ~ ~ " \ ....,.... \J"~ \ \ \ ' \ l \ \ ~ \ ~ ~ ;(1' , \ (j) \ \~ 0' 7J :~ \ ol Si:C1l "r.,~ ~~!JI - ~~~ l ~~S ~~ il~ ~~ ~ ~ "" "- ~\ ' @ '" ~ ,,,","~:.,,~~ "gt'-"""" ~- """" """" ., """ ' ." . , :""'i&~ ' - LEGAl EXHIBIT "08-A" _,!It&T+: SHAULL ELEMENTARY SCHOOL SPEC SECT PARt: CIlIH ~ ~ ~ ~ t1Aio-t \..\N~ SCALE:!"..40'..-O. DAlE: 3/13/:201% owe IV: AJ5 PRO,.. 04123 ENLG-8 (") .....' 0 = ..(g, C c.,::::> -n ~ ::i'" v-~ ......!:.'" -< 7t ~ ~:C"" :I::n 1- -,;;;: C~'"~ .',S? ..0 ;,~~ i~i '!:> - "1 ~ - -0 ~ \) 3 :-5rn - ~ l)? ,-~ ~ 6 ~, co "b 0" '< 1 :r Johnson. Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Dle - c!) 'i'~D CI V I L. (e~..Iv,\ EMINENT DOMAIN PROCEEDING- IN REM MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION TO THE PROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in M'$ C. Book l' Z ':/- ,Page I S''81. :275476 JOHNSON, DUFFIE, STEWART & WEIDNER e R. Du , squire orney I.D. No. 09601 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District (" (:~ ~.: . r.......) c;:;> <:;;:l C't" N -n C') N I. Johnson, Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2880 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PROOF OF SERVICE AND NOW, this 7!J, day of June, 2006, the undersigned does certify that he did, on May 25, 2006 at 4:30 p.m.. hand deliver to Charles E. Shields, III, Esquire. 6 Clouser Road, Mechanicsburg, Pennsylvania 17055, a copy of the Notice of Condemnation in the above captioned case, who is authorized to and did accept service of same on behalf of Condemnee. :275477 Respectfully submitted, ::HNSO~IDNER Robert M. alker, Esquire Attorney 1.0. No. 86340 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District \. Johnson, Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com Solicitors for Condemnor IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2880 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM ACCEPTANCE OF SERVICE I, Charles E. Shields, III, Esquire, hereby accept service of the Notice of Condemnation in the above captioned case. I certify that I am counsel to the above referenced Condemnee and as such, am authorized to accept service of said Notice. Date: May~, 2006 rX~E~ Charles E. Shields, III, Esquire :275478 if /"-.) c::) c;~) cJ..... N u ( '. ..,,#...,. 1'.) C-' .- . Johnson, Duffie, Stewart & Weidner By: Robert M. Walker, Esquire I.D, No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 rmw@jdsw,com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2880 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinue this action, Respectfully submitted JOHNSON, DUFFIE, ST By: Robert , alker Es uire Attorney I.D. No. 86340 301 Market Street P,O, Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicilor for Cumberland Valley School Dislricl . ,.. t' CERTIFICATE OF SERVICE AND NOW, this <;f!7,day of August, 2006, the undersigned does hereby certify that he served a true and correct copy of this Praecipe to Discontinue upon counsel for Condemnee, Florence Rudy, by depositing the same in lhe United States Mail, first class postage prepaid, al Lemoyne, Pennsylvania addressed as follows: Charles E. Shields, III 6 Clouser Slreet Mechanicsburg, PA 17055 :280857 ~ ,.." "1', = = "'" ;:gCP >- ~i rr c: Z'" (;? zf I Cf. ), i3 .:.!:: co kC: .." :t-ri >c :x C>~ 40 z :;P'c: r:-? ~ ~ '" ~ (7\