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HomeMy WebLinkAbout94-06815 ~ :~\ J\ ~\ .....f, ~ ] . - 01 , \--\ \ ~ \ j\ . \ \ \ \ \ 1"\ ' ""/ i - \ ~ \ "'. . . r.\L[n..{):\:"(~E or- r ' "~1"r!p,y .' " lil'l.'\\\ :) \'1" 'I: ~ ('1.,+,',. .,'{ h::.~':' ~':\' ;," .~ , , T . I I I I .' I I . \ -"--'->>'.",,","" .~.....,,,..._,,........~-- -.. ;.' . .. ..:----' i ~~ ~ ~~ fa !Il~ tl 8~' 0-1 ~ ra. ~~ o ....z 1-<8 U ~ ~! ~8 ~~ ~~ ~~ ~ ~ I" , , .' " u . Il '" III u ... c:I .. ... "'... c:I W U QJ ...lU~QJ:; c:I 4.J QJ ): U ;I 0 ~ ~ ... ~ ): Q.I c:I 0 (.J ell Ei Cl.I =' o <Il " 0-1 Ii bO :t '" ~ 0 OCCU~QJCJ,. 'tlUIlIl..,N<Il< '" Il .... III .0 Ill' .... >, . >,'tl 'tl'tlI<,c<1<1l c:I ... c:I c:I QJ CU ~ o " III III 1 'tl "'... ........... 0-1 "".... Ul ... III I< ~.... Il" 1ll;:."....U I<IllIl <l ,Q 0 .... '" '.... Ii '" Ii '" .a 0-1 " .... a ..... . '" I< 'tl.a Ill.alll Oil c:lcn ,"UJ'"'t:J~o o <l . Il Il Il Il .... U :I >- <<I :J tU C\S .. en ou>o> CUll) E-1'"....i-t......&J....."f'i .. ... ~ l>>'\ c:I.... a ~ Il 0 Ul Il Ul " :t Ul ~-BV:g~Ul~ 1l....9 "... ,,"'.... I< ....<~~<~N.al-< , . el ~ g ffi .... 0-1 .... o ~ '" ;;j ~ III a: w 0 .., 0 M UI 0 ~ ~ Q z W 1:; ~p ~.JUlO. . ... to 0 Z :E 0( Z M ~ c( It) 0 III :oJ :r~~srn UI z ~ III Z ffi a: It d ~ :.:: p 0 Q; Q. U ~ Z 05 ~ ~ ~ ~ M m w ~ Cl ~ ~ ~ ~ ~ . . . ..' .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN ,RE: Condemnation by Lower Allen Township Water and Sewer Authority, Cumberland County, pennsylvania, of Land in Lower Allen Township, Cumberland county, Pennsylvania, Owned by James E. Zygmunt and shirley A. zygmunt, his wife, for Sanitary Sewer Transmission Lines and Appurtenances No. 94-6815 civil CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM RELEASE OF LIENHOLDER WHEREAS, James E. Zygmunt and shirley A. zygmunt, his wife, (herein "Condemnees") executed and delivered to Mellon Bank, N.A., a Mortgage dated June 26, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, on July 2, 1992, in Record Book 1076, Page 252, et seq., in the face amount of $30,000.00; and WHEREAS, said Mortgage was assigned to Mellon Mortgage Company, by assignment dated July 2, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Miscellaneous Book 422, Page 148; and WHEREAS, said Mortgage was assigned to Fleet Mortgage Group, Inc. (herein "Mortgagee"), by assignment dated August 21, 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland coun~y, Pennsylvania, in Miscellaneous Book 502, Page 440; and WHEREAS, Lower Allen Township Authority (herein "Condemnor") filed its Declaration of Taking of a perpetual right-Of-way and easement on Condemnees' property on December 2, 1994, for the purpose of constructing and maintaining a sanitary sewer line or lines; and WHEREAS, Section 521 of the Eminent Domain Code of 1964, as amended (herein "Code"), 53 P.S. Section 1-521, provides, inter D..l..i.A, that damages payable to a condemnee under Sections 601 through 607, 611, 612, and 613, inclusive, and clauses (1) and (2) of subsection (b) of Section 601-A shall be subject to a lien for all taxes, municipal claims, mortgages, judgments, and other liens of record against the property for which the particular damages are payable, existing at the date of the filing of the declaration of taking, and said liens shall be paid out of the damages in order of priority before payment thereof to the Condemnees, unless released; and WHEREAS, Condemnor has offered to Condemnees an estimate of just compensation in the amount of Two Hundred Forty Dollars ($240.00); and WHEREAS, said Mortgagee is willing to release any and all claims and liens against the just compensation in the amount of Two Hundred Forty Dollars ($240.00) offered to the Condemnees. NOW, THEREFORE, Fleet Mortgage Group, Inc., intending to be legally bounj, agrees as followD: 1. Fleet Mortgage Group, Inc., hereby releases any and all claims or liens against the estimate of just compensation in the amount of Two Hundred Forty Dollars ($240.00) to be paid by Condemnor under the provisions of the Eminent Domain Code of 1964, as amended, to James E. Zygmunt and Shirley A. Zygmunt, his wife, arising out of the aforesaid condemnation proceedings with respect to the property described in said condemnation proceedings and in the aforesaid Mortgage. 2. Condemnor be and is hereby authorized to pay to James E. Zygmunt and Shirley A. zygmunt, his wife, the sum of Two Hundred Forty Dollars ($240.00), being a payment on account of just compensation payable to Condemnees by Condemnor under the Eminent Domain Code of 1964, as amended. 3. Execution hereof shall have no other effect upon the said Mortgage or upon the rights of the said Fleet Mortgage Group, Inc., set forth in the said Mortgage, which is the basis of the said lien, including, but not limited to, the right to collect principal and interest as it shall bc.::ome d'le. IN WITNESS WHEREOF, Mortgagee has caused this Release of Lienholder to be executed by its (Vice) President, attested by its (Assistant) Secretary, and its corporate seal to be affixed, intending to be legally bound, all in accordance with the proper procedures taken by said Mortgagee, this IS day of May , 1996. Attest: (Corporate FLEET MORTGAGE GROUP, INC. - 2 - ,\\\\\\\\1 1 U""I//. "", ,.p(lTI14 """ ..t:\ ~............~ '~.. '> /,-. '97~ '''\~i%:" ~ Ie) I l'.. )\<0;' \lsEAL~' J ~,o.~.". ~~I' '''+. 'it;'~~di.,.~ 'I,',~' By: Debra J. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA IN RE: Condemnation by Lower Allen Township Authority Cumberland County, Pennsylvania, of Land in Lower Allen Township, CUmberland county, Pennsylvania, Owned by James E. zygmunt and shirley A. Zygmunt, his wife, for Sanitary Sewer Transmission Lines and Appurtenances No. 94-6815 Civil 1994 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM PBTITION J'OR THB APPOINTMENT OJ' BOARD OJ' VIEWBRS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of the Lower Allen Township Authority (herein "Condemnor") respectfully represents: 1. On Novembor 3, 1994, pursuant to the provisions of Section 11 of the Municipality Authorities Act of 1945, May 2, P.L. 382, as amended, 53 P.S. Section 314, Condemnor adopted Resolution 94-A-22, authorizing the selection, appropriation, and condemnation of an easement and right-of-way for sanitary sewer lines with manholes, appurtenances, and attached facilities in, over, under, and across land of James E. Zygmunt, and Shirley A. Zygmunt, his wife, 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, as more fully set forth in copy of said Resolution 94-A-22, attached hereto, marked Exhibit "A", and made part hereof. " . ) , , ,; " : , ,II ; '1 '. ./ . " . .". RESOLUTION 94-A-22 OF LOWER ALLEN TOWNSHIP AUTHORITY, AUTHORIZING THE SELECTION, APPROPRIATION, AND CONDEMNATION OF AN EASEMENT AND RIGHT-OF-WAY FOR SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES, AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS LAND OF JAMES E. ZYGMUNT AND SHIRLEY A. ZYGMUNT, HIS WIFE, 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 Authority, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, (hereinafter referred to as "Authority"), was notified by letter dated February 11, 1992, that the Pennsylvania Department of Environmental Resources (hereinafter referred to as "DER") approved the Pennsylvania Sewage Facilities Act 537, Official Sewage Plan (hereinafter referred to as "Plan") for Lower Allen Township; and WHEREAS, said Plan, inter ftli2, provides for the collection and conveyance of wastewater from the Lisburn Area to the existing collection, conveyance, treatment of wastewater, and disposal system of Authority (hereinafter referred to as "Project"); and WHEREAS, the Authority is about to proceed with part of the Project by installation of sanitary sewer lines with manholes, appurtenances, and attached facilities in the Lisburn Area; and WHEREAS, in accordance with the provisions of Section 11 of the Municipality Authorities Act of 1945, May 2, P.L. 382, Section 314, 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 Author i ty as follows: 1. Lower Allen Township Authority, in accordance with authority conferred by law, selects, appropriates, and condemns land of James E. Zygmunt and Shirley A. zygmunt, his wife, their heirs and assigns for a perpetual easement and right-of-way for the purposes herein set forth: Exhibit "1\" , . " BEOINNING at a point on the northerly line of property of James E. and shirley' A. zygmunt, said point being distant 351.94 feet from the intersection of said northerly property line with the easterly right-of-way line of Lisburn Road (1.P.FND.)i thence southwardly through the aforesaid Zygmunt property S 220 30' 09" E, 100.20 feet to a point on the southerly line of property of Zygmunt, said point being distant 384.06 feet from the interseotion of said southerly property line with the easterly right-of-way line of Lisburn Road (1. P. FND.) . The above desoribed line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet being wholly or partially on either the left or right side of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 100.20 linear feet. . Easement lines to be shown on the plat attached hereto marked Exhibit "A" and made part of this description. 2. 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 olearing, 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 attaohed 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. 3. 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 -2- .' -. . . t ~ <=-~ ----.:::::::- - nEECIiES 8" ....- CREEl< --- OW ~E~~ /" JAMES E, ZYGMUNT AND SHIRLEY A ZYGMUNT, HIS WIFE DEED REF,:T33.1031 ' I I POINT OF BEGINNING L47 N/F SUNDERLAND or N/F McFADDEN , I I i 351.94'-1 roo { / I II' -., IFNDI 1.1' IFND) ROAD -.. R/JY liSBURN ROllO -"______ SR. 20/7 "- ----. -- "- NOTE THIS PLAT REFLECTS TliE ACCURACIES on INACCURACIES or THE DEEDS Cf RECORD AND IS TO OE USED raR SETTLEMENT PURroSES ONLY SEWER RIGHT OF WAY TO BE ^CQUlnED mOM JAMES E ZYGMUNT AND SHIRLEY A ZYGMUNT, HIS WIFE OF LOWER ALLEN TOWNSHIP CUMOCRLAND COJNTY, PENNSYLVANIA "Y LOWER ALLEN TOWNSHIP AUTHORITY Gflt.f.~. r fUMltjG ,ttK Itr.llfll'lI'Ur~,I't. 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H:>' H QI III a gJHOIllHQI'tl....U111l . ~:S a ~ oS ~QJ,~ H ~ ZOdQlOa .c:OH HH.o:Po.HU U1.....Eo< . . l!J Z H ~ ~ o z o H F.-t ~ :E U M o ~ ~1 "'--.J cu ~ ~ lD II W @ '" 0 III 0 III 1Il :> u 0 0( z - z Q ~ ~ )If);X: ~ w M 41( W .:J IX Ol Z U % lD 1Il~ < i: 0( I( > O~J:~~~~ III < ~ III ~ II lD a d ~ j \:I Z i' a:.t' u 9 - . ;;01= ~ ;> :l: ~ , m II III W _ Cl a N a l:i ~ :E . . . I ;, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (,/' 4.- fi,J'1 ~ IN RE: Condemnation by Lower : No. dIVIL Allen Township Authority Cumberland County, Pennsylvania of Land in Lower Allen Township Cumberland County, Pennsylvania Owned by James E. Zygmunt and shirley A. zygmunt, his wife, for sanitary Sewer Transmission Lines and Appurtenances 1994 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM DECLARATION OF ~AKING The Lower Allen Township Authority does hereby respectfully declare that: 1. The Condemnor is Lower Allen Township 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 May 2, 1945, P.L. 382, Section 4B(1) and Section 11, 53 P.S. Section 306B(1), and to the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 1-101, et sect., and as authorized by Resolution 94-A-22, adopted November 3, 1994, by said Condemnor. 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. . . RESOLUTION 94-A-22 OF LOWER ALLEN TOWNSHIP AUTHORITY, AUTHOR I ZING THE SELECTION, APPROPRIATION, AND CONDEMNATION OF AN EASEMENT AND RIGHT-OF-WAY FOR SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES, AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS LAND OF J~~ES E. ZYGMUNT AND SHIRLEY A. ZYGMUNT, HIS WIFE, 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 Authority, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, (hereinafter referred to as "Authority"), was notified by letter dated February 11, 1992, that the Pennsylvania Department of Environmental Resources (hereinafter referred to as "DER") approved the Pennsylvania Sewage Facilities Act 537, Official Sewage Plan (hereinafter referred to as "Plan") for Lower Allen Township; and WHEREAS, said Plan, inter alis, provides for the collection and conveyance of wastewater from the Lisburn Area to the existing collection, conveyance, treatment of wastewater, and disposal system of Authority (hereinafter referred to as "Project"); and WHEREAS, the Authority is about to proceed with part of the Project by installation of sanitary sewer lines with manholes, appurtenances, and attached facilities in the Lisburn Area; and WHEREAS, in accordance with the provisions of Section 11 of the Municipality Authorities Act of 1945, May 2, P.L. 382, Section 314, 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: 1. Lower Allen Township Authority, in accordance with authority conferred by law, selects, appropriates, and condemns land of James E. Zygmunt and Shirley A. Zygmunt, his wife, their heirs and assigns for a perpetual easement and right-of-way for the purposes herein set forth: Exhibit "Il" .' BEGINNING at a point on the northerly line of property of James E. and shirley A. zygmunt, said point heing distant 351.94 feet from the intersection of said northerly property line with the easterly right-of-way line of Lisburn Road (I.P.FND.)i thence southwardly through the aforesaid zygmunt property S 220 30' 09" E, 100.20 feet to a point on the southerly line of property of zygmunt, said point being distant 384.06 feet from the intersection of said southerly property line with the easterly right-of-way line of Lisburn Road (I.P.FND.). The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet being wholly or partially on either the left or right side of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 100.20 linear feet. Easement lines to be shown on the plat attached hereto marked Exhibit "A" and made part of this description. 2. 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 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. 3. 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 -2- , . BOND WITHOUT SURETY KNOW ALL MEN BY THESE PRESENTS THAT LOWER ALLEN TOWNSHIP AUTHORITY, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended, 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 on the northerly line of property of James E. and Shirley A. zygmunt, said point being distant 351.94 feet from the intersection of said northerly property line with the easterly right-of-way line of Lisburn Road (I.P.FND.); thence southwardly through the aforesaid Zygmunt property S 220 30' 09" E, 100.20 feet to a point on the southerly line of prop~rty of Zygmunt, said point being distant 384.06 feet from the intersection of said southerly property line with the easterly right-of-way line of Lisburn Road (I.P.FND.). The above described line being the center line of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet being wholly or partially on either the left or right side of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 100.20 linear feet. to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. Sealed with the corporate seal and duly executed this 1st day of December, 1994. EXHIBIT "C" " , ~~ ~i~i~<~~ ~I~~~ U~~U~~ ~Po.'5 ~,,~~"s~..l ~~~ ~ t5~~tiJi~..t5 ~s~~~ I~~!~~~~ ~!~~~ ~<~~~~~i~ ~! g~ ~~ - -~,~I I i I I m II ~ ~ ~ =, 'I": .gW~'Erl -'9.., 5- ,; :; I \I) < .r.", - ~.. .', r; 'it . w . I _ ~ ,...."!/f !' ..e. :s " ~ ~ ~ ,5 ~ ~ ~'~ ~ r.; ~ ill ii ... ::! , . . . IN RE: CONDEMNATION BY LQoIER ALLEN TC1'INSHIP AlJrllORITY, CUMBERLAND COUNTY, : PENNSYLVANIA, OF LAND IN LCMER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,: GlNED BY JAMES E. ZYGMUNT AND SHIRLEY A. : ZYGMUNT, HIS WIFE, FOR SANITARY SEWER : TRANSMISSION LINES AND APPURTENANCES IN THE CXlURT OF cn-lMON PLEAS OF CUM3ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6815 Civil 1994 . . IN REM (EMINENT DOMAIN) REPOOT OF VIEWEIlS ro THE HCHIlABLE, THE JlJDGES OF Sl\ID axJRT: The undersigned Viewers respectively report: HImt:RY OF THE CASE 1. On November 3, 1994, pursuant to the provisions of Section 11 of the MunicipaUty Authorities Act of 1945, May 2, P.L. 382, as amended, 53 P.S. Section 314, COndemnor adopted Resolution 94-A-22, authorizing the selection, appropriation, and condemnation of an easement and right-of-way for sanitary sewer lines with manholes, appurtenances, and attached facilities in, over, under, and across land of James E. Zygmunt, and Shirley A. Zygmunt, his wife, their heirs and assigns, in Lower Allen TOwnship, CUmberland County, Pennsylvania, authorizing the fiUng of a Declaration of Taking and all necessary action for the acquisition thereof, as more fully set forth in said resolution 94-A-22. 2. Pursuant to said Resolution 94-A-22, a Declaration of Taking was duly filed of record by Lower Allen Township Authority on December 2, 1994 to No. 94-6815 civil 1994. No preliminary objections to said Declaration of Taking have been filed. 3. Pursuant to said Resolution 94-A-22 and Declaration of Taking, Lower Allen TOwnship Authority duly selected, appropriated, and condemned a perpetual eaS'3mBnt and right-of-way more fully described as follows: BEGINNING at a point on the northerly line of property of James E. and Shirley A. zygmunt, said point being distant 351.94 feet from the intersection of said northerly property line with the easterly right-of-way Une of Lisburn Road (LP.FND.); thence southwardly through the aforesaid Zygmunt property S 220 30' 09" E, 100.20 feet to a point on the southerly Une of property of zygmunt, said point being distant 384.06 fe<!t from the intersection of said southerly property line with the easterly right-of-way line of Lisburn Road (I.P.FND.). 'l11e above described Une being the center Une of a permanent easement of a total width of 30 feet and included along the entire length is an additional width of 10 feet being wholly or partially on either the left or right side of the permanent easement for the purposes of construction only. Total length of right-of-way on property, 100.20 linear feet. Easement lines to be shown on the plat attached hereto marked Exhibit "1" and made part of this description. 4. The names and addresses of all condemnees known to Condemnor to have an interest in the said property, and the nature of the interest, are as follows: James E. Zygmunt 3613 Lisburn Road Mechanicsburg, PA 17055 Shirley A. Zygmunt 3613 Lisburn Road Mechanicsburg, PA 17055 Fee Simple Fee Simple Fleet Mortgage Group, Inc. P. O. Box 3139 Milwaukee, WI 53201-3139 5. On May 7, 1996, pursuant to Petition for the Appointment of Board of viewers filed by Condemnor, your Honorable Court appointed William L. Sunday, Esquire, Samuel Acri and Edwin T. Fanus, Jr. as a Board of Viewers to assess damages in the condemnation. Mortgagee 6. On May 15, 1996, Fleet Mortgage Group, Inc., Mortgagee, executed a Release of Lienholder permitting the Condemnor to pay the estimated just compensaiton in the amount of $240.00 to the Condemnees/Mortgagors. 7. By letter dated March 5, 1997, Robert E. Yetter, Esquire, attorney for Condemnor, mailed a copy of the order Appointing Board of viewers dated May 7, 1996 to William L. Sunday, Esquire, Chairman of the Board of Viewers. 8. On August 18, 1997, William L. Brown, Manager of Lower Allen Township, advised the Board of viewers that Julie M. Karpan of 13204 Duley Station Road, upper Marlboro, ~ID 20772 was the present owner of the subject property. 9. On Novent>er 10, 1997 the Board of Viewers served Notice of View by Certified Mail, Return Receipt Requested, on Metzger, Wickersham, Knaus & Erb, Robert E. Yetter, Esquire, attorney for Condemnor, on James E. Zygmunt and Shirley A. Zygmunt, Condemnees, on Fleet Mortgage Group, Inc., Mortgagee of the Condemnees, on Julie M. Karpan, then owner of the subject property, and on Cignit Mortgage, Mortgagee under Mortgage from Julie M. Karpan. A copy of said Notice of View and the Return Receipt cards are attached hereto and made a part hereof. The Notice sent to the Condemnees at the address of the subject property was returned "Moved, Left No Address" and is attached to said Notice of View. 10. On November 17, 1997, Jerry Holly called William L. Sunday, Esquire on behalf of Julie M. Karpan and left notice to "Please Call." William L. Sunday made two (2) long distance calls to attempt to obtain a copy of the Agreement of Sale. 11. on Novenber 18, 1997 Julie Karpan faxed an undated 1996 Agreement to Sell Real Estate between James E. Zygmunt and Shirley A. Zygmunt, "Sellers" and Julie M. K!lrpan, "Buyer", a copy of which is attached hereto. 12. By letter dated Decewber 1, 1997, Robert E. Yetter, Esquire advised the Board of Viewers that James E. Zygmunt and shirley A. Zygmunt, his wife, conveyed the subject property to Julie M. Karpan by Deed dated August 28, 1996. 13. attorney settled. By phone call on December 2, 1997, Robert E. Yetter, Esquire, for Condemnor, advised William L. Sunday that the zygmunt Case was 14. By lptter dated December 3, 1997 Robert E. Yetter, Esquire advised the Board of Viewers "The above-referenced caBe has been set.tled on the basis of a payment of $240.00 to James E. Zygmunt and Shirley A. zygmunt, his wife, and $200.00 to Paul L. Zeigler, Esquire." 15. By letter dated February 10, 1998 from Robert E. Yetter, Esquire to CUrt Long, prothonotary, Robert E. Yetter, Esquire mailed four (4) original counter parts of Power of Attorney Authorizing Satisfaction of Eminent Domain Proceedings to which a Settlement Agreement was attached as Exhibit "A", and advised the prothonotary as follows: "Further, since this case has been settled before any Hearing by a Board of View, it is not necessary for a report to be filed by William L. sunday, Esquire. 16. Robert E. Yetter, Esquire has advised Paul L. Zeigler, Esquire and William L. sunday, Esquire, by letter of June 19, 1998, as follows: "I have ~en informed by the Prothonotary that the documents will not be processed until William L. Sunday, Esquire, Chairman of the Board of View, files his Report." 17. This Report of Viewers is filed in accordance with the Settlement Agreement. FINDINGS OF FACT 1. The Condemnor is Lower Allen ~wnship Authority. 2. The Condemees are James E. Zygmunt and Shirley A. Zygmunt, his wife. 3. The date of taking is December 2, 1994. 4. The Condemor selected, appropriated and condemned a perpetual easement and right-Of-way thirty (30) feet in width and one hundred and twenty one-hundredth (100.20) feet in length for sanitary sewer transmission lines and appurtenances upon, over and through lands of the Condemnees, and an additional width of ten (10) feet along the entire length and on either side of the permanent easement for the purposes of construction only. 5. Fleet Mortgage Group, INc. held a Mortgage against the Subject property. 6. Fleet Mortgage Group, Inc. released the lien of said Mortgage from the estimate of just conpensaiton in the amount of $240.00 by Release of Lienholder dated May 15, 1996 and authorized payment of the estimate of just compensation in the amount of $240.00 to the Condemnees. 7. The Condel11lees entered into an Agreement to sell the subject to Julie M. Karpan on the day of . 1996. 8. The Agreement To sell Real Estate did not contain a provision to assign the damages from the taking of the easement and right-of-way. 9. James E. zygmunt and Shirley A. Zygmunt. his wife, by Deed dated August 28, 1996 and recorded in the Recorder of Deeds Office in and for CUniJerland County in Deed Book 145 Page 611 conveyed the subject property to Julie M. Karpan. The said Deed did not contain an assignment of the damages of said taking. 10. The Condel11lor and Condemnees entered into settlement Agreement dated Decenber 22, 1997 wherein and whereby they settled and satisfied all claims for damages in the amount of Four Hundred Forty ($440.00) Dollars which includes appraisal, attorney and engineering fees in the amount of $200.00 and canpensation for delay in payment. 11. The Prothonotary refuses to mark the case satisfied until this Report of viewers is filed. QUESTIOO CF LAW Who is entitled to the payment of just canpensation for the taking? The right to condemnation damages belongs to the owners of the land at the time of the condel11lation unless the purchaser obtains a written assignment of the condemnation award. The Zygmunts' were the owners of the subject property at the time of the condemnation on December 2, 1994. Julie M. Karpan entered into the agreement to purchase the subject property in 1996 and received a Deed therefor dated August 28, 1996. Neithei:' the Agreement to sell Real Estate nor the Deed to Julie M. Karpan contained an assignment of damages and no other instrument in writing containing an assignment of damages has been submitted to the Board of Viewers. Therefore, the just compensation for the taking is payable to James E. Zygmunt and Shirley A. Zygmunt, his wife, the Condemnees. '-'----'T ~ ~ ..--- f~~O'/l ~ , /' JAMES E, ZYGMUNT AND SHIRLEY A, ZYGMUNT. HIS WIFE DEED REF,: T33.1031 I I POINT OF BEGINNING N/F SUNDERLAND r N/F McFADDEN , I 35194'-1 - 38406' , { { \ ! I -., IP IFND) II' ..____(FNDI 1101\0 IIIW -'-~ -.. 1I 8 BURN 1l0AO -..---- .----- -- 8R,20/7 "-- ._----. --- tiOrE TillS PL^, REfLECTS TIlE ACCURACIES Oil INACCUHACIES Of THE DEEDS (T RECORD AND IS 10 liE USED FOR SET TI.WENT IllJll,I()~)[S ONLY SEWER RIGHT OF WAY TO OE ACOUIflW mOM JAMES E. ZYGMUNT AND SHIRLEY A ZYGMUNT. HIS WIFE OF Lowen ALLEN TDWNStUP CUl,UlfHLAND COUNTY, PENNSYLVANIA Or LOWEH ALLEN TOWNSHIP AUTHORITY GANfjf. f T FLEMING liNe ............. .-.. PA JtJNf ,199<1 SCM.E I" 50' II AN SlUT TAx MIlI'Il1f 10rM. LENGTIl OF H/W ON fJIHlPt:/HY IO!) ~o' .;. AGREBKENT TO SELL nmAL E8T~T~ THIS ~GREEMENT, made thie day of 1996, betw.en JAKES E. ZYGMUNT an6 anIRLEY A. ZYGMUNT, husband and wife, of 980 park Place, Mechanic5burg, pennsylvania, hereinafter called "Sdlcars"l and JULU: M. KAnPAN, of 13204 Duley station ROlld, upper Marlboro, Maryland, hereinafter clllled "Buyer". WIT N E,a SET HI . ,I '1 (\ " ~ . \ n" I' \"," , "',/ .. .. IT IS MUTUALLV AGR~ED AS FOLLOWS: 1. That the SellerS hereby agree to Boll and oonvey to Buyor, who hereby agreos to purcha5e certllin real property situate at 3613 Lillburn Road, Mecnanicsburg, Lower Allen TOWnship, cumberland coum:.y, l'ennllylvania. .. '-'4~ 2. pURCHASE PRIGE - The purohase prioe for said real estate ill the sum of SIXTY-TWO THOUSAND ($62,000.00) DOLLARS, payable from the Buyer to the Sellerll as follows: Deposit- - ~ - - ~ - - Balance at llettlernent- $ 5,000.00 57.009.00 S 62.000.00 TOTA~- - - - - - - - - 3. DEPOSIT - The FIVE THOUSAND ($5,000.00) DOLLAR deposit shall be maintained in an escrow account by Murrel R. Walters, JII, Esquire. 4. TI~~E - Title is to be good and marketable, otherwise the deposit money shall be returned in full to the Buyer. ThQ premises are to be conveyed free and clear of all liens and encumbranoes, e)(cept restrictions and easements of record, and/or physically notioeable street improvements, it any, and to provisions of zoning ordin~nces affecting the use of said premises. The risk of loss or damage to said premises by fire or other casualty until delivery of deed is to be asaumed by the Sellers. 5. SETTLEMENT - Settlement shall be held on or before August 23, 1996 in the offioe of HURREL R. \'IALTERS, III, ESQUIRE, 54 East Main Street, Mochllnicsburg, pennsylvania. 6. TAXES lIND lIDJUSTHENTf; - Sellen'! and Buyer agree to equally divide payment of all real estate transfer taxes. county, municipal and school relll estate ta~es shall be apportioned between sellors and auyer at date of settlement, Costs of preparotion of the deed shall be borne by Sellers, " 7. ~QNDIT1011 01" PRI',MISEB - The house "was QllnlQ':l"'" "'1 .. ~~~Y water and tire and has been partiallY repail:ed. Tuckey Jl.el3toration, Inc. hils entered into a contract with sellers to perfor~ rRpairs for a total amount of $10,112.00. sellers have paid $6,071.00 whioh leaves II. balance of $4,041.00. If Tuckey insists upon completing tho work, Buyer shall assume all remaining liability under th~ contract. Buyer accepts the property in its ourrent lias isll condition with no warranties, c;uaranties or representations. 8. 'f1NI\NC1NG CONTINGENCY ~,This hgreement is subjeot to the Buyer Obtaining II. oonventiona~ 15 year mortgage in the amount of $45,500.00 with maximum interest rate of 8.75%. Buyer ehall immediatelY applY for suoh mortgage. 9. jNSPECTIONS _ This Agreement 1s conditioned upon a satisfactory wood-poring insect test result showing no active infElstlltlon. sellers shall pay for this test with the parties equally dividing any costs of treatment. This 1I9reemerit is conditioned upon a satisfactory well water test showing that the water is potable. sellers shall pay for thlB test with the parties equallY dividing any costs of treatment. 10. ~UYERS DEFAULT - 11\ the event that the Buyer shall fail or refuse to make settlement in accordance with the terms of this Agr.ement, the Sellers, at toeir option, may declare this j\greement null and void and retain the hand money previously paid as liquidated dlll1lages woich snall not exceed 10% of the purchase p~icel pring suit for damages for breach of contract or bring suit for specifio pertormanoe. 11. SELLERS DEFAULT - In the event that the sellers shall fail or refuse to make settlement in accordance with the terms of this Agreement, the Buyer, at her option, may declare this Agreement null and voic1 and the hand money previouslY paid shall PB J,"eturned forthwith to the Buyer together with her costs of title search, survey and appraisal teeS I bdncJ suit against. the sellers for bresoh of contract, or bring euit for specific performanoe. 12. jlINDING EFFECT - For toe true performance of all and Bveryone of the covenllnts and agreements aforesaid, eaoh of th.. said parties binds himself, heirs, executors and administrators and aSSigns, firmly by these presents, 2 : 101, ~ ~" including but not limited to full settlement of the following special damages, if applicable, under Article VI of the said Eminent Domain Code, Moving and related expenses for displaced persons, section 601A, 23 P,S, 5601A, Replacement housing for homeowners up to $22,500, Section 602A, 26 P,S, 51-602A, Replacement housing for tenants and others up to $5,250, Section 603A, 23 P,S, 51-603A, Damages for all or part of several contiguous tracts owned by one owner or part of several non-contiguous tracts owned by one owner which are used together for a unified purpose, Section 60S, 26 P,S. 51-605, Rights of certain displaced persons, 5606A, 26 P,S. 51-606A, The additional other items of damages provided for in the Eminent Domain Code are reasonable costs of the removal, transportation and reinstallation of machinery, equipment, or fixtures on the condemned property, not forming part of the realty, 5607, 26 P,S, 51-607, Expenses incidental to transfer of title such as recording fees, transfer taxes, closing costs, and penalty costs for pre-payment of any mortgage on the real estate and the pro-rata portion of real property taxes paid and water and sewer charges paid, 5608, 26 P.S. 51-608, Moving dnd related expenses of displaced persons and damages for business dislocation or farm business dislocation, reasonable expenses for the removal, transportation and reinstallation of personal property, 5610A, 26 P,S, 51-610A, Appraisal, attorney and engineering fees up to Two Hundred Dollars ($200.00), Section 609, 26 P,S, 5610, 26 P,S, 51-610, Increased costs of new mortgage, 5610,1, 26 P,S, 5610,1, Compensation for delay in payment at rate of six percent (6\) per annum. 5611, 26 P,S, 51-611, Damages to property abutting the area of an improvement resulting from change of grade of road or highway, permanent interference 2 February 10, 1998 fo - ) r 10 /5/ '7 V)j 4J-f)rJ C1j11L:t. ~ -d{ (if 7{~ tl(l~.t.LJ Curt Long, Prothonotary 1 ---telL Cumberland County Courthouse crt. -- One Courthouse Square Carlisle, PA 17013-3387 SINCEI8&!l 3211 North Front Slll",t 1'.0, Oox 5300 Harrisburg. I'A 17110-0J00 717-238-8187 Fax: 717-234-9478 RE: Condemnation by Lower Allen Township Authority, Cumberland County, Pennsylvania, of Land in Lower Allen Township, Cumberland County, Pennsylvania, Owned by James E, Zygmunt and Shirley A, Zygmunt for Sanitary Sewer Transmission Lines and Appurtenances, Cumberland County C,C,p, No, 94-6815 Civil 1994 - Eminent Domain Proceedings 124 We..! King Slreet Shlppen.burg. PA 17257 717-530-7515 Fax: 717-530-0734 Dear Mr, Long: Enclosed herewith you will lind four (4) original counterparts of Power of Attorney Authorizing Satisfaction of Eminent Domain Proceedings to which is attached a Settlement Agreement as Exhibit "A", Please file the original and clock-in the remaining original counterparts and return them to our law oflices using the enclosed stamped, self-addressed envelope, We also enclose herewith our check in the amount of $5,00 in payment of the filing fee, Under no circumstance should these proceedings be marked as discontinued, These are eminent domain proceedings, If they are marked discontinued, the right-of-way acquired by condemnation will be extinguished, Further, since this case has been settled before any hearing by a Board of View. it is not necessary for a report to be filed by William Sunday, Esquire, Very truly yours, M~~ER WICKERSHAM KNAUSS & ERB, P,C, k\~( ~~/Jib Robert E, Yet~r William L. Sunday, Esquire Chri!itlan S. Erb. Jr. HONrt E. Yetter JanlcsECarl I{ubc.'rt I~ Rl't.'ll Edw;mJ E. KnilUSS, IV. '",'<II.. Ilo,k K.ul It I-tlld.1brand. ItichJnJ n. I1nlby Sll'Vl'" P. MlneT CI.lrkDL'V",n.' )t,mllll.,C,Cal.,ldl REY:ns Enclosure cc: Lower Allen Township Authority Attn: William L. Brown, Manager "~tlr,IC""'rti.\/rlllml 1,~IIL'll'IIIl;I..lr.llnlkV ''Y!llt.'JIlIiI''I>llfltln' Iflhl/t\"mlkY ,~~ lJ= THE Pl1OTHONOTAAY 98 JUL 24 PH 3: 51 CUM8EIV~:D COUNTY PENNS\tVANIA Htf~ ~ (!j J.d~ J.. @" ~'lDf3 (11- ------! '''''''--,--~''~-_' "~.""T'-.:-'-"-C~"_ ,,_. " a t t 1 . ". ,1 4~ . >, . . . " , . ,