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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.
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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.
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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
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JAMES E, ZYGMUNT AND
SHIRLEY A ZYGMUNT, HIS WIFE
DEED REF,:T33.1031 '
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POINT OF
BEGINNING
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N/F
SUNDERLAND
or
N/F
McFADDEN
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IFND) ROAD
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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. JlJNf ,1994
SCALE t:: !lO'
PLAN Sll[ET
TAX MIW uer
TOTAL LENG111 OF illY;
ON PROPEIHY JOO 20
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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"
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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
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JAMES E, ZYGMUNT AND
SHIRLEY A, ZYGMUNT. HIS WIFE
DEED REF,: T33.1031
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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'
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TAx MIlI'Il1f
10rM. LENGTIl OF H/W
ON fJIHlPt:/HY IO!) ~o'
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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
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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
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