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IN THE MAlTER OF
PROCEEDING
BY CUMBERLAND - DAUPJUN -
HARRISBURG TRANSIT
AUlHORl1Y FOR THE
CONDEMNATION OF THE
PROPERlY OF ALAN F.
SPURGIN
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNlY, PENNA.
NO. qS~
I.;q 71 C'~'l (
~'Lnl
:INREM-
: EMINENT DOMAIN
DECLARATION OF TAKING
c-.
CJ1
The Cumberland - Dauphin - Harrisburg Transit Authority by and through its ,-
counsel Donn L. Snyder, Esquire, hereby declares:
1. The condemnor is the public mass transit authority for the Greater
Harrisburg Metropolitan area. and is located at 901 N. Cameron Street. Harrlr.bur,a,
Pennsylvania.
2. The interest in the property hereinafter described is hereby condemned in
fee simple or absolute title by the condemnor for the purposes of creating a transfer
center on the West Shore pursuant to the Act of May 2,1945, PL. 382, ~ I et seq., as
amended, 1990,53 P.s. ~306(B)(l), and as authorized by Resolution adopted September
\ <, 1995, by condemnor. A copy of the resolution is attached hereto as Exhibit . A '.
The original resolution may be examined at the offices of the condemnor at the above
address.
3. The purpose of the condemnation is to serve the transit needs of citizens of
that area. and to facilitate efficient and reliable transportation in the Greater Harrisburg
Area.
4. A description of the property condemned sufficiellt for ils identification is
set forth in the attached Exhibil "8". On the same duy liS this declnrulion of taking is
being filed with the Prothonotary, plans showing the properly condemned are being
lodged for records in the Office of the Recorder of Deeds of Cumberland County. in
accordance with 1404 of the Eminent Domain Code, 26 P.S. 11404.
S. The nature of the title acquired In and to the property Is a fee simple or
absolute title.
6. A plan showing the condemned property may be inspected at the address
of the condemnor.
7. The condemnor files with this declaration of taking an open-end bond
without surety pursuant to 1403(a) of the Eminent Domain Code. 26 P.S. ~1403(a). Just
compensation is made or secured by the filing of the bond. A copy of the bond is
attached hereto as Exhibit "Co.
roMBER AND - DAUPHIN -
HARRIS RG TRANSIT AUTHORITY
By: ~J~cf ~/J ~iJL
Chairman
COMMONWEALTH
COUN1Y
OF
PENNSYLVANIA
.
.
: ss:
OF DAUPHIN
.
.
Personally appeared before me a notary public, this 15th day of September, 1995,
Richard M. Miller, who acknowledged himself to be the Chairman of
Cumberland-Dauphin-Harrisburg Transit Authority, whose name is subscribed to the within
document, and acknowledged that he, as such Chairman executed the same for the purposes
therein contained as the voluntary act and dee of such entity.
NOrARlA:. SEAL
~=lla F. Miller. Nolar/ Publi=
My urg, PA D;:Uphin CaUl":!
COlTunlsslon ExplillS Nov. 21, 19as
CUMIJI~RI..AND . UAUPIIIN - HARRISBURG
TRANSIT AUTIIORITI'
RESOLUTION AUTHORIZING
FILING OF A DECLARATION OF TAKING
AUTHORIZING THE APPROPRIATION OF CERTAIN REAL PROPERTY
LOCATED IN THE BOROUGH OF LEMOYNE FOR THE PURPOSE OF
CREATING A WEST SHORE TRANSFER CENTER. AND AUTHORIZING THE
FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION
FOR THE ACQUISITION THEREOF.
WHEREAS. The Cumberland-Dauphin-Harrisburg Transit Authority (the
"Authority"). is about 10 proceed with creation of a transfer center serving the West
Shore area of the Greater Harrisburg metropolitan area; and
WHEREAS. Pursuant to authorization contained the Municipal Authorities Act of
1945. Act of May 2. 1945.1'.1., 382. ~ I et seq.. as amended, 1990,53 P.S. ~306(B) (1).
thc Authority i~ authorilcd 10 acquire title to the properties through eminent domain
proceedings;
NOW, TlU:RHOIU:, BE IT RESOLVED, that the Cumberland-Dauphin-
Ilarrisburll Trlln~it Authority in accordance \\;th authority conferred by law. selects and
approprialc~ for the purposcs of .:reation of a transportation transfer cCllter. that
particular parcl'! property located in the Borough of I.cmoyne. Cumberland County.
I'ennsylv:tniil. nh'Tl' f,i1iy des.:ntled as follows:
EXHIBIT
fJ
ALL that certain tract of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING, at a point on the southern side of State Street at the corner of
property now or formerly of Tri Realty Investors; thence South 32 degrees 14
minutes East, a distance of 82.38 feet to a point on line of land of Consolidated
Rail Corporation; thence along land of Consolidated Rail Corporation, South 55
degrees 06 minutes West, a distance of 334.49 feet to a point; thence North 34
degrees 54 minutes West, a distance of 50 feet to a point on the southern side of
State Street; thence North 49 degrees 38 minutes 50 seconds East, a distance of
339.86 feet to a point the place of BEGINNING.
BEING Lot No.2 on the Subdivision Plan for Thomas R. Hench, as recorded in
Plan Book 59, Page 55, Cumberland County records
RESOLVED, That all title and private rights or easements of whatever nature of
property owners to beds of unopened streets located within the area are hereby selected
"
and appropriated for the purposes herein described, in accordance with law.
RESOLVED, That counsel for the Authority and its proper officers are hereby
authorized to file a declaration of taking and such other proceedings, including the entry
of such bond as may be necessary or desirable, to carry out the purpose of this
resolution.
RESOLVED, That the institution of such proceedings, and any damages which
may be agreed upon or awarded to any party in interest. including the owner or owners
of said properties located within the area. shall be paid out of thc funds of the Authority,
CU MilER LAND-DA UPH IN-H ARR ISBU RG
TRANSIT"AUTIIO~IT~:/.j) :-:-_
)1 Y: ___ ,/17/ /~k7'-; r=t::.::J o(~-2.-
SI;CRETARY
\
ALL that certain tract of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING, at a point on the southern side of State Street at the corner of
property now or formerly of Tri Realty Investors; thence South 32 degrees 14
minutes East, a distance of 82.38 feet to a point on line of land of Consolidated
Rail Corporation; thence along land of Consolidated Rail Corporation, South 55
degrees 06 minutes West, a distance of 334.49 feet to a point; thence North 34
degrees 54 minutes West, a distance of 50 feet to a point on the southern side of
State Street; thence North 49 degrees 38 minutes 50 seconds East, a distance of
339.86 feet to a point the place of BEGINNING.
BEING Lot No.2 on the Subdivision Plan for Thomas R. Hench, as recorded in
Plan Book 59, Page 55, Cumberland County records
EXHIBIT
--'i. ___.
IN THE MATTER OF
PROCEEDING
BY CUMBERLAND - DAUPillN -
HARRISBURG TRANSIT
AUTIiORl1Y FOR THE
CONDEMNATION OF THE
PROPERTI' OF ALAN J.
SPURGIN
: IN TIlE COURT OF COMMON PLEAS
: CUMBERI..AND COUNTI', PENNA.
.
.
: NO.
.
.
: IN REM -
: EMINENT DOMAIN
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having
been f1ted the ~ day of September, 1995, by the Cumberland - Dauphin -
Harrisburg Transit Authority ("Obligor") a municipal authority organized and existing
.
under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto
the Commonwealth of Pennsylvania ("Obligee") for the use and benefil of the o"ner or
owners of the property condemned as hereinafter noted, and other proper parties in
interest, for such amount of damages as the owner or owners of the 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 cOlldemnation by Obligor
of certain land and improvements located in Lemoyne Borough, Cumberland County,
Pennsylvania and described as follows:
ALL that certain tract of land situate in thc Borough of Lemoyne. Cumberland
County. PCllosylvania. more partkularly hounded and de~.:ribed a~ follO\", :11 wil:
BEGINNING. at a point on the ~oulhern side of Stall' Streel al the corn~: l'f
propcrty now or formerly of Tri RClllty Invcswr~: lhenee South ,~2 dcgrl'~' 14
minute~ ElI~t. a di~tan.:e of 112,)11 feel to it poinl on hnl' of land llf Con~o:.,:.,ll'd
Rail Corponltlon; then.:.: along land llf Con\llhd,,\,'d Killl ( orporallllll, S"..:h 55
dCllrl'l'\ 0t1I11I11ules Wnt. :t Ih\t.lIl<:l' of .'.'4..N fn! hI it 1"'II!t. lhl'IKl' N,,~" '4
EXHIBIT
'--
degrees 54 minutes West, a distance of 50 feet to a point on the southern side of
State Street; thence North 49 degrees 38 minutes 50 seconds East, a distance of
339.86 feet to a point the place of BEGINNING.
BEING Lot No.2 on the Subdivision Plan for Thomas R. Hench, as recorded in
Plan Book 59, Page 55, Cumberland County records
to which payment well and truly to be made, the Obligor does bind itself and its
successors and assigns, firmly by these presents.
WHEREAS, the Obligor has condemned the said property and cannot agree with
the owner or owners of said land and buildings, if any, upon the just compensation to be
paid for the damages sustained by said owner or owners as a result of the condemnation:
NOW THE CONDmON of this bond is such that if the Obligor shall payor
cause to be paid such amount of damages as the owner or owners of the property and
other parties in interest shall be entitled to receive by reason of such condemnation,
after the same shall have been agreed upon or assessed in the manner provided by law,
then this obligation shall be void; otherwise, to be and remain in full force and effect.
SEALED with the corporate seal and duly executed this
15th
day of
September, 1995.
BY:
D-DAUPHIN-HARRISBURG
HORITY IJ '""
1l1. / l/~'l
CHAIRMAN
IN THE MATTER OF PROCEEDING
BY CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 Civil Term
IN REM - EMINENT DOMAIN
ORDER
AND NOW this
,qr day of October, 1995, upon consideration
of the Motion of Alan F. Spurgin, Condemnee, for an extension of
time until October 25, 1995, to file preliminary objections to the
declaration of taking in the above matter, pursuant to 26 P.S. ~ 1-
406 (a), and the concurrence of counsel for the Cumberland - Dauphin
- Harrisburg Transit Authority, Condemnor, it is hereby ORDERED and
DECREE that the time for the filing of any preliminary objections
to the Declaration of Taking is extended until October 25, 1995.
BY THE COURT
'44-
J.
IN THE MATTER OF PROCEEDING
BY CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 Civil Term
IN REM - EMINENT DOMAIN
MOTION POR EXTENSION OP TIME
TO PILE PRELIMINARY OBJECTIONS
AND NOW comes Alan F. Spurgin, Condemnee, by his counsel,
Nauman, Smith, Shissler & Hall, to move this Court for an extension
of time to file preliminary objections to the Declaration of Taking
in the above matter, pursuant to 26 P.S. S 1-406(a), based upon the
following:
1. The Cumberland - Dauphin - Harrisburg Transit Authority,
(hereinafter "CAT") Condemnor, commenced the within eminent domain
proceeding by filing its Declaration of Taking, Notice of Filing of
Declaration of Taking, Notice to Condemnee of Filing of Declaration
of Taking and Bond of Condemnor on September 19, 1995.
2. The aforementioned proceeding concerns a tract of land
located on the southern side of State Street in the Borough of
Lemoyne, as more particularly dEoscribed in Exhibit "B" to the
Declaration of Taking, owned by Alan F. Spurgin ( "Spurgin") ,
Condemnee.
3. The declaration of Taking, Notice of Filing of
Declaration of Taking, Notice to Condemnee of Filing of Declaration
1
of Taking and Bond of Condemnor were served on Spurgin on September
20, 1995.
4. Pursuant to 26 P.S. ~ 1-406(a), a condernnee must file any
preliminary objections to a declaration of taking within 30 days of
service of the declaration of taking. Any preliminary objections
to be filed by Spurgin are therefore due by October 20, 1995.
5. CAT and Spurgin are currently in the process of
attempting to negotiate a mutually agreeable compromise and
settlement of some or all of the issues raised by the above matter.
6. An extension of time, until October 25, 1995, to file
preliminary objections would permit the parties additional time to
obtain necessary data and to engage in meaningful settlement
discussions that may negate the need for further litigation.
7. Section 1-406(a) of the Eminent Domain Code, 26 P.S. ~ 1-
406(a), permits a court to extend the time for filing preliminary
objections "upon cause shown."
8. Counsel for CAT, Donn L. Snyder, Esquire, concurs in
Spurgin's motion for an extension of time until October 25, 1995,
to file preliminary objections.
WHEREFORE, Alan F. Spurgin, Condernnee, moves this Court for an
extension of time. until October 25. 1995, to file preliminary
2
objections to the Declaration of Taking in the above eminent domain
proceeding, pursuant to 26 P.S. S 1-406(a).
NAUMAN, SMITH, SHISSLBR AND HALL
by: . - :C .~<" l I u,....I
J. Stephen Feinour, Esquire
Supreme Court 10 #24580
200 North Third Street
P.O. Box 840
Harrisburg, PA 17108
Telephone: 717/236-3010
Counsel for Alan F. Spurgin,
Condemnee
3
Date: October 19, 1995
CERTIPICATE OP SBRVICB
AND NOW, this 19th day of october, 1995. I. J. Stephen
Feinour, Esquire, of the firm of NAUMAN, SMITH, SHISSLER' BALL,
counsel for Condemnee, Alan F. spurgin. hereby certify that I have
this day served a true and correct copy of the foregoing Motion for
Extension of Time to pile preliminaxy Objections by facsimile
transmission and by first class mail. postage prepaid. addressed to
the parties or counsel of record as follows:
Donn L. Snyder. Esquire
Boswell. Snyder. Tintner & piccola
315 North Front Street
P. O. Box 741
Harrisburg. PA 17108-0741
NAUMAN, SMITH, SHISSLBR , BALL
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IN TIlE MATIER OF
PROCEEDING
BY CUMBERLAND - DAUPWN -
HARRISBURG TRANSIT
AUTBORl1Y FOR TIlE
CONDEMNATION OF TIlE
PROPERTI' OF ALAN F.
SPURGIN
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTI', PENNA.
.
.
.
.
G~I t kl2..fYl
NO. 9$- ,,-/q 71
IN REM -
: EMINENT DOMAIN
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having
q-tf,
been filed the I day of September, 1995, by the Cumberland - Dauphin -
Harrisburg Transit Authority ("Obligorj a municipal authority organized and existing
under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto
the Commonwealth of Pennsylvania ("Obligeej 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 damages as the owner or owners of the 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 Obligor
of certain land and improvements located in Lemoyne Borough, Cumberland County,
Pennsylvania and described as follows:
ALL that certain tract of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING, at a point on the southern side of State Street at the corner of
property now or formerly of Tri Realty Investors; thence South 32 degrees 14
minutes East, a distance of 82.38 feet to a point on line of land of Consolidated
Rail Corporation; thence along land of Consolidated Rail Corporation, South 55
degrees 06 minutes West, a distance of 334.49 feet to a point: thence North 34
. >);.'....,';
',' -;J i':~J..%~5~>-:::i ::('i.~ :
1-->c:'.'-~!r """''',--,
,
. J30SWEIJ., SN'YDBR, T1N'tNER & PICCOLA. . .
COU",t"OfItS 4T LAW
JU NolnlPlaNr5TUIT
J'f' ; P.O.1Cm741
PROCEEDING
BY CUMBERI..AND - DAUPHIN -
HARRISBURG TRANSIT
AUTHORIlY FOR THE
CONDEMNATION OF THE
PROPERlY OF ALAN F.
SPURGIN
: CUMBERLANI> COUNlY, PENNA.
: NO. triO 1/(//1 (It"PL'C
)tL 11'--
IN REM .
EMINENT DOMAIN
MEMORANDUM OF FILING OF NOTICE
TO THE PROTHONOTARY:
Notice of the above-captioned condemnation is recorded in the Recorder of
Deeds of Cumberland County in Book J 'ti 'f"PageU~
DoA~E~/~~u'-.
Attorney for Cumberland-Dauphin- Harrisburg
Transit Authority
IN TIlE MATTER OF
PROCEEDING
BY CUMBERI..AND - DAUPHIN -
HARRISBURG TRANSIT
AUTHORl1Y FOR THE
CONDEMNATION OF THE
PROPERTI' OF ALAN F.
SPURGIN
: IN TIlE COURT OF COMMON PLEAS
: CUMBERI..AND COUNTI', PENNSYLVANIA
. NO. 9~' 'II?' t/~;~ 1;rtt
.
: IN REM -
: EMINENT DOMAIN
AFFIDAVIT OF SERVICE
I do hereby certify that on September 19, 1995, I have served a true and correct
copy of the foregoing NOTICE OF TAKING on the following by first-class mail, certified
mail, return receipt requested, postage prepaid and addressed as follows:
Mr. Alan F. Spurgin
701 Drexel Hill Boulevard
NowCom-:J;'~ U
D L. SNroE ./ -~
BOSWELL SNYDER T1NTNER & PICCOLA
Post Office Box 741
Harrisburg, PA 17108
...
--
.
Attorney for Cumberland-Dauphin- Harrisburg
Transit Authority
Sworn to and subscribed
before me this 19th day
of September, 1995
L.
NOTARIAL SEAL
Meronetta F, Miller, Nota:y Pubhc
Harrtsburg, PA Oa""" Cou
My" .. .....''" nly
vommlsslOn Expires Nov. ? I, 1995
\
IN THE MATTER OF
PROCEEDING
BY CUMBERLAND. DAUPHIN -
HARRISBURG TRANSIT
AUTIlORl1Y FOR mE
CONDEMNATION OF mE
PROPERTI' OF ALAN F.
SPURGIN
: IN mE COURT OF COMMON PLEAS
: CUMBERLAND COUNTI', PENNA.
,
.
.
.
: NO. 954971
,
.
: IN REM -
: EMINENT DOMAIN
MEMORANDUM OF FILING OF NOTICE
OF RELINQUISHMENT
TO THE PROTHONOTARY:
Notice of the above-captioned Relinquishment is recorded in the Recorder of
Deeds of Cumberland County in Book , 3C. , Page 2'11 .
DON L. SNYDER
Attorney for Cumberland-Dauphin- Harrisburg
Transit Authority
,
IN THE MATTER OF PROCEEDING
BY CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 Civil Term
IN REM -
EMINENT DOMAIN
ENTRY OF APPEARANCB
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the appearance of NAUMAN, SMITH, SHISSLER &: HALL,
and J. STEPHEN FEINOUR, ESQUIRE on behalf of Alan F. Spurgin in the
above action, reserving, however, the right to plead or otherwise
move.
Date: October 12, 1995
cc: Donn L. Snyder, Esquire
NAUMAN, SMITH, SHISSLBR & BALL
By: /~~,..:-
~. Stephen Feinour, Esquire
Supreme Court 1.0. No. 24580
200 North Third Street, 18th Floor
P. O. Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
Counsel for Alan F. Spurgin
-
;
CERTIPICATE OP SERVICE
AND NOW, this 12th day of October, 1995, I, J. Stephen
Feinour, Esquire, of the firm of NAUMAN, SMITH, SHISSLER & HALL,
counsel for Alan F. Spurgin, hereby certify that I have this day
served a true and correct copy of the foregoing Entry ot Appearance
by first class mail, postage prepaid, addressed to the parties or
counsel of record as follows:
Donn L. Snyder, Esquire
Boswell, Snyder, Tintner & Piccola
315 North Front Street
P. O. Box 741
Harrisburg, PA 17108-0741
NAUMAN, SMITH, SHISSLER & HALL
'.
,. ...
..u.~--
~"1:'::1
tI:t~
m:\ home\ d1s\ cat\ emdom\ determin.pet
Donn L. Sn~er. Esquire
Supreme Court 1.0 #Q68S8
BOSWELL, SNYDER, TINTNER &. PICCOLA
3\5 N. Front Street
pO Box 74\
Harrisburg, PA \7\()8.()'74\
(717) 236-9377
Attorneys for cumberland-Dauphin-
Harrisburg Transit Authority
IN THE MAnEll OF
PROCEEDING
BY CUMBERLAND - DAUPHIN -
HAIl1USBUIlG TRANSIT
AUTHOlUTY FOil THE
CONDEMNATION OF THE
PIlOPEIlTY OF ALAN F.
SPUIlGIN
: IN THE COUllT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
\
\
\
\
.
.
.
,
: NO. 9S - 4971 CIVIL TERM
.
,
: IN REM
: EMINENT DOMAIN
ANSWEIl TO pl!;uuON FOil DETERMINATION AND ASSESSMENT OF DAMAGES
AND NOW COMES Cumberland-DaUphin-Harrisburg Transit Authority, by its
attorney, Donn L. Snyder, Esquire, and answers the Petition of Alan F. Spurgin as
follows:
1.
2.
3.
4.
5.
itself.
6.
Admitted.
Admitted.
Admitted.
Admitted.
Denied as stated. The Pennsylvania Eminent Domain Codc speaks for
Denied. It is denied that Spurgin has sustained actual costs and cxpenses
occasioned by the condemnation proceeding. Moreover, to the extent that Spurgin may
have sustained costs, the costs and expenses claimed are clearly excessive, and bear no
relationship to actual damages incurred.
7. Admitted.
WHEREFORE, Cumberland-Dauphin-Harrisburg Transit Authority respectfully
requests this Honorable Court dismiss the claim of damages by condemnee with
prejudice.
RESPECTFULLY SUBMITTED,
BOSW LL, SNYDER, TINTNER & PICCOLA
By'
17 I 08.{)74 I
DATE: April1Q 1997
IN THE MAlTER OF
PROCEEDING
BY CUMBERLAND. DAUPmN.
HARRISBURG TRANSIT
AUTHORl1Y FOR THE
CONDEMNATION OF THE
PROPERTI' OF ALAN F,
SPURGIN
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
: NO, 95 - 4971 CML TERM
.
.
: IN REM
: EMINENT DOMAIN
VERIFICATION
I, James H. Hoffer, Executive Director of Cumberland-Dauphin-Harrisburg
Transit Authority, hereby verify that the facts contained in the foregoing Petition are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are subject to the penalties of 18 Pa.C.s.A. ~904 relating to unsworn
falsification to authorities.
'~
! "
Jt~~S'H; - L ..
,
DATE: April 10, 1997
IN THE MA1TER OF
PROCEEDING
BY CUMBERLAND - DAUPIUN .
HARRISBURG TRANSIT
AUTHORl1Y FOR THE
CONDEMNATION OF THE
PROPERlY OF ALAN F.
SPURGIN
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTI', PENNSYLVANIA
.
.
: NO, 9S - 4971 CML TERM
,
.
IN REM
: EMINENT DOMAIN
CERTIFICATE OF SERVICE
I, DODD L. Snyder, Esquire, do hereby certify that I have served a true and
correct copy of the Petition on the following:
1. Stephen Feinour, Esquire
200 N. Third Street
PO Box 840
Harrisburg, PA 1710g
Method of Service:
xxx First class mail
Certified mail
Other
By:
IN THE MATTER OF PROCEEDING
BY CUMBERLAND - DAUPHIN -
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F, SPURGIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 CIVIL TERM
CIVIL ACTION - LAW
ORDBR OF COURT
AND NOW, this 28th day of APRIL, 1997, upon consideration of
the motion of Alan F. Spurgin, Condemnee, the Court appoints:
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/ fANUJj U /l.
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As Board of Viewers to assess damages in the condemnation and
further orders that the Board of Viewers perform its duties in
accordance with the law and Acts of Assembly and grants leave to
Board of Viewers to issue an interlocutory report or
interlocutory reports covering such properties or claims as the
Board of Viewers deem appropriate.
By the Court,
I
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J. Stephen Feinour, Esquire
Donn L. Snyder, Esquire
.- C...r...... 1-'~' JA... L.~.. ('U.4 ~'-
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IN THE MATTER OF PROCEEDING
BY CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 Civil Term
IN REM - EMINENT DOMAIN
ORDBR
AND NOW this
day of
1997, upon
consideration of the motion of Alan F. Spurgin, Condemnee, it is
hereby ORDERED that a hearing shall be held on
1997, at
O'clock in Courtroom #
of the
CUmberland County Courthouse for the purpose of assessing the
damages sustained by the Condemnee because of the above-captioned
condemnation proceedings, which were revoked by the Cumberland -
Dauphin - Harrisburg Transit Authority, Condemnor, on March 19,
1996, pursuant to 26 P.S. S f-40B.
BY THE COURT:
J.
IN THE MATTER OF PROCEEDING
BY CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY
FOR THE CONDEMNATION OF THE
PROPERTY OF ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4971 Civil Term
;" "":i!.4"; _~~-,'-'.-~:'~":c_:.:',::ipl__j)., ~---:<-~,.;-~_r;~
IN REM - EMINENT DOMAIN
PBTITION POR DETBRMINATION AND ASSBSSMENT OP DAMAGBS
PURSUANT TO I 408 OP THB EMINENT DOMAIN CODE
AND NOW comes Alan F. Spurgin, Condemnee, by his counsel,
Nauman, Smith, Shissler & Hall, to move this Court pursuant to ~
408 of the Eminent Domain Code, 26 P.S. ~ 1-408 for a hearing to
assess the damages caused by the above-captioned, revoked
condemnation proceedings, based upon the following:
1. The cumberland - Dauphin - Harrisburg Transit Authority,
(hereinafter "CAT"), Condemnor, commenced the above-captioned
eminent domain proceeding ("condemnation proceeding") by the filing
of its Declaration of Taking, Notice of Filing of Declaration of
Taking, Notice to Condemnee of Filing of Declaration of Taking and
Bond of Condemnor on September 19, 1995.
2. The within condemnation proceeding concerns a tract of
land owned by Alan F. Spurgin ("Spurgin"), Condemnee, which is
located at 1000 State Street in the Borough of Lemoyne, as more
particularly described in Exhibit "B" to the Declaration of Taking.
1
3. The Declaration of Taking, Notice of Filing of
Declaration of Taking, Notice to Condemnee of Filing of Declaration
of Taking and Bond of Condemnor were served upon Spurgin on
September 20, 1995.
4. On March 19, 1996, CAT filed its Declaration of
Relinquishment and Notice of Filing of Declaration of
Relinquishment of the subject property, pursuant to 26 P.S. ~ 1-
408. CAT concurrently served these documents on Spurgin.
5. The Pennsylvania Eminent Domain Code provides that when
condemned property is relinquished, "the condemnee shall be
reimbursed by the condemnor for reasonable appraisal, attorney and
engineering fees and other costs and expenses actually incurred
because of the condemnation proceedings. Such damages shall be
assessed by the court, or the court may refer the matter to viewers
to ascertain and assess the damages sustained by the condemnee."
26 P.S. ~ 1-408.
6. Spurgin has sustained actual costs and expenses
occasioned by the condemnation proceedings for attorney fees;
research costs; travel and telephone costs; supply and copying
expenses; and lost business income in the approximate amount of
$49,168.93.
7. Condemnor and Condemnee have been unable to agree upon
the amount of just compensation for Condemnee's damages.
2
WHEREFORE, Alan F. Spurgin, Condemnee, moves this Honorable
Court to set a time and date for a hearing, or alternatively to
appoint viewers, to assess the damages sustained by the Condemnee,
including delay damages for the period Condemnee was deprived of
possession,
because
of
the
above-captioned
condemnation
proceedings, which were revoked by the Cumberland - Dauphin -
Harrisburg Transit Authority, Condemnor, on March 19, 1996,
pursuant to 26 P.S. S 1-408.
NAUMAN, SMITH, SHISSLBR AND HALL
,-
(.
J. S phen Fe1nour, Esquire
Supreme Court 10 #24580
........\..~
200 North Third Street
P.O. Box 840
Harrisburg, PA 17108
Telephone: 717/236-3010
Counsel for Alan F. Spurgin,
Condemnee
Date: April 1, 1997
3
CERTIPICATE OP SERVICE
AND NOW, this ~.L-' day of April, 1997, I, J. Stephen
Feinour, Esquire, of the firm of NAUMAN, SMITH, SHISSLER & HALL,
counsel for Condemnee, hereby certify that I have this day served
a true and correct copy of the foregoing Petition For Determination
and Assessment of Damages Pursuant to I 408 of the Eminent Domain
Code by first class mail, postage prepaid, addressed to the parties
or counsel of record as follows:
Donn L. Snyder, Esquire
Boswell, Snyder, Tintner & Piccola
315 North Front Street
P. O. Box 741
Harrisburg, PA 17108-0741
NAUMAN, SMITH, SHISSLER & HALL
f'r/ .-,
By :~f l~~ '.~.. ,~.t&?_~"''- 'J'-
/'J. St:.ephen Peinour, Esquire
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Donn L. Snyder, Esquire
Boswell, Snyder, Tintner
& Piccola
315 North Front Street
P. O. Box 741
Harrisburg, PA 17108-0741
Joseph A. Klein, Esquire
100 Chestnut Street
Harrisburg, PA 17101
CERTIFICATE OF SERVICE
AND NOW, this 1st day of May, 1997, I, J. Stephen Feinour,
Esquire, of the firm of NAUMAN, SMITH, SHISSLER & HALL, hereby
certify that I have this day served a true and correct copy of the
foregoing Praecipe for Withdrawal of Appearance by first class
mail, postage prepaid, addressed to the parties or counsel of
record as follows:
NAUMAN, SMITH, SHISSLER & HALL
Bv.Lf"-,,'-: '. . "-
r' ~
, J. Stephen Feinour, Bsquire
.
Il/I ".cal
or
JOSEf'H A. KLEIN
A PaorIIIlOK4L COlPORATIOK
SVITa lItO
100 ,C.UTllOT STlIIT
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NO IN THIS ACTION
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"TTOIINIY
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IN THE MATTER OF PROCEEDING BY
CUMBERLAND-DAUPHIN-HARRISBURG
TRANSIT AUTHORITY FOR THE
CONDEMNATION OF THE PROPERTY OF
ALAN F. SPURGIN
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 95-4971 CIVIL TERM
I EMINENT DOMAIN - REM
CERTIFICATE OF SERVICE
I, JOSEPH A. KLEIN, ESQUIRE, attorney for Plaintiff/Condemnee,
Alan F. Spurgin, do hereby certify that on this date I served the
foregoing OBJECTIONS TO INTERROGATORIES OP CUMBERLAND-DAUPHIN-
HARRISBURG TRANSIT AUTHORITY PROPOUNDED TO ALAN P. SPURGIN - PIRST SET
by placing a true and correct copy of same in the United States Mail,
postage prepaid, deposited at Harrisburg, pennsylvania, as follows:
Donn L. Snyder, Esquire
Boswell, Snyder, Tintner & piccola
Post Office Box 741
Harrisburg, PA 17108
LAW OFFICES OF JOSEPH A. KLEIN, P.C,
/
By: "-
Klein,
. No. 7082
Chestnut Street, Suite 210
t Office Box 1152
Harrisburg, PA 17108-1152
(717) 233-0132
Attorneys for Plaintiff/Condemnee,
Alan F, Spurgin
Date: May 12, 1997
IN THE MA TIER OF
PROCEEDING
BY CUMBERLAND - DAUPHIN -
HARRISBURG TRANSIT
AUTHORITY FOR THE
CONDEMNATION OF THE
PROPERTI' OF ALAN F.
SPURGIN
: L'l THE COURT OF COMMON PLEAS OF
: CUMBERLA."ID COUNTY, PENNSYLVA."IIA
NO. 9S - 4971 CIVIL TERM
IN REM
EMINENT DOMAIN
CERTIFICATE OF SERVICE
I, Oonn L. Snyder, Esquire, do hereby certify that I ha\'e served an original and one copy
of Amended Interrogatories of Cumberland-Dauphin-Harrisburg Transit Authority Propounded
to Alan F. Spurgin - First Set, by first class mail upon the following:
Joseph A. Klein, P.e.
Post Office Box 1152
Harrisburg, P A 17108-1] 52
B,jcr- ~ :A
Donn L. Snyder
~
follows:
IN THE MATTER OF PROCEEDING BY
CUMBERLAHD-DAUPHIN-HARRISBURG
TRANSIT AUTHORITY FOR THE
CONDEMNATION OF THE PROPERTY OF
ALAN F. SPURGIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO. 95-4971 CIVIL TERM
EMINENT DOMAIN - REM
CERTIFICATE OF SERVICE
I, JOSEPH A. KLEIN, ESQUIRE, attorney for Condemnee, do hereby
certify that on this date I served the foregoing OBJECTIONS TO AMENDED
INTERROGATORIES OF CUMBERLAND-DAUPHIN-HARRISBURG TRANSIT AUTHORITY
PROPOUNDED TO ALAN F. SPURGIN - FIRST SET by placing a true and correct
copy of same in the United States Mail, postage prepaid, deposited at
Harrisburg, Pennsylvania, addressed to counsel for the Condemnor as
Donn L. Snyder, Esquire
315 North Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
LAW OFFICE OF JOSEPH A. KLEIN, P.C.
By:
JOSE
I. N 07082
100 Chestnut Street, Suite 210
Post Office Box 1152
Harrisburg, Pennsylvania 17108-1152
(717) 233-0132
Attorneys for Condemnees
DATE: June 21, 1997