Appendix — United States v. 564.54 Acres of Monroe and Pike County Land

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Supreme Court, U.&% “) 7

FILED

APPENDIX JAN 25 1979

MICHAEL RODAK, JR., CLERK

Iu the Supreme Court of the Huited States

OCTOBER TERM, 1978

No. 78-488

UNITED STATES OF AMERICA,

Petitioner

—

564.54 ACRES OF LAND, MORE OR LESS, SITUATED IN

MONROE AND PIKE COUNTIES, COMMONWEALTH OF

PENNSYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

SOUTHEASTERN PENNSYLVANIA SYNOD OF THE LUTH-

ERAN CHURCH IN AMERICA

ON WRIT OF CERTIORARI! TO THE UNITED STATES

COURT OF APPEALS FOR THE THIRD CIRCUIT

PETITION FOR WRIT OF CERTIORARI FILED SEPTEMBER 21, 1978

CERTIORARI GRANTED NOVEMBER 27, 1978

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Iu the Supreme Court of the United States

OCTOBER TERM, 1978

No. 78-488

UNITED STATES OF AMERICA,

Petitioner

—

564.54 ACRES OF LAND, MORE OR LESS, SITUATED IN

MONROE AND PIKE COUNTIES, COMMONWEALTH OF

PENNSYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

SOUTHEASTERN PENNSYLVANIA SYNOD OF THE LUTH-

ERAN CHURCH IN AMERICA

ON WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE THIRD CIRCUIT

TR I Is ss sn ks sen decccdicececsitnipteis Chae

Declaration of Taking and Complaint in Condemnation, filed

STII since Medicated netitiies Lalit 2 kainakanncceas daclteninastonpidcndsbdgnans

Affidavit of Reverend Dr. William A. Janson, filed January

RRR So RE en RRS er Cae OR EAE ene ca PO A

Memorandum and Order of the District Court, filed January

By Fe Oe Te MMI vos cicednrsiccctiecec cba Sc ciscsieescaleceees

' Affidavit of John Levkulic, filed April 24, 1974 0.0...

Affidavit of Reverend Ray Gulliford, filed April 24, 1974 ........

Judgments on Verdict, entered November 5, 1975 ...................

Portions Of the Trial TYAMSCFIDE ....................ci..scecocccececocescecssecee

Supreme Court’s Order of November 27, 1978 granting the

petition for a writ of certiorari .................0.....ccceccseeeeeeeeeeeteees

1

RELEVANT DOCKET ENTRIES

DATE

1970

June 15—COMPLAINT—in condemnation and demand for

trial by jury.

June 15—DECLARATION OF TAKING—

June 15—NOTICE—of condemnation

June 15—PETITION—for order for delivery of possession.

June 15—ORDER—for delivery of possession. (N)

June 6—CERTIFICATE—of Clerk, acknowledging receipt of

check +#104,87 in the sum of $893,000.00 for deposit

in the Registry of the Court, representing estimated

compensation.

1972

Dec. 15—PLAINTIFF’S MEMORANDUM—in support of

pre-trial rulings.

PLAINTIFF’S REQUEST—for pre-trial rulings

Dec. 15—PLAINTIFF’S MEMORANDUM—re substitute fa-

cilities as measure of damage Trs. 1500, 2122 & 2123

19738

Jan. 31—AFFIDAVITS—NO TRACT SPECIFIED WERE

SEVERAL MENTIONED—of Rev. Dr. William A.

Janson.

June 22—ORDER—Tr. 1500, 2122, 2132—Plaintiff having

filed a request for pre-trial rulings, and the Court having

heard oral argument and having considered the briefs of

counsel,

It is ORDERED that Tuesday, August 14, 1973 at 2:00 P.M.

at Harrisburg, Pa. is fixed as the time and place for

oral argument and the submission of evidence on the

following issues:

DATE

1973

1. The loss of protection of a grandfather’s clause and the

impact on substituted facilities of regulatory require-

ments of the Commonwealth of Pennsylvania and any

agency of political subdivision thereof.

2. The public features of the defendants facilities as argued

in defendant’s memorandum. (S)

Copies to counsel of record.

Jan. 15—MEMO & ORDER—(Tr. 1500, 2122, 2132)—It is

Ordered that;

1. The cost of substitute facilities is not a proper measure of

compensation for the taking of defendant’s property.

2. All other rulings relative to the valuation standard or

standards to be applied are reserved. (S)

Copies to Atty Peter M. Mattoon, and U.S. Atty and Atts

Charles MacMullan and Peter H. Ruvolo and Joseph C.

Kreder, Esq.

1974

March 11—ORDER—(Tr. 1500, 2122, 2132)—Defendant,

Southeastern Pennsylvania Synod, having submitted a

letter dated January 22, 1974, requesting that the court’s

order of January 15, 1974, “be amended to include a

Section 1292(b) certification. 28 U.S.C. 1292(b),” and it

appearing that the propriety of the substitution standard

of valuation involves a controlling question of law as to

which there is substantial ground for difference of opinion

and that an immediate appeal from the order may ma-

terially advance the ultimate termination of the litigation.

It is ORDERED that

1. The letter of January 22, 1974, from defendant, South-

eastern Pennsylvania Synod, is considered as 2 motion to

amend the court’s order of January 15, 1974, to include

a Section 1292(b) certification, 28 U.S.C. & 1292(b);

DATE

1974

2. The motion is granted.

It is FURTHER ORDERED that the court’s order of Jan-

uary 15, 1974, in the above captioned matter is hereby

amended by adding thereto the following paragraph:

“3. Itis hereby CERTIFIED pursuant to 28 U.S.C. & 1292 (b)

that the propriety of the substitution standard of valua-

tion involves a controlling question of law as to which

there is substantial ground for difference of opinion and

that an immediate appeal from the order may materially

advance the ultimate termination on the litigation.” (S)

Copies to counsel of record.

Apr 24—AFFIDAVIT—of John J. Levkulic. (Originally filed

with the Court on Aug. 14, 1973)

AFFIDAVIT—of Rev. Roy E. Gulliford. (Originally filed with

the Court on Aug. 14, 1973)

APPELLANT’S—tTrs. 1500, 2122, 2132—Southeastern Penn-

sylvania Synod of the Lutheran Church in America, desig-

nation of the Record for Appeal.

1975

Jan. 13—COURT OF APPEALS OPINION—(Filed 12-30-

74) Reversing the judgment of the District Court en-

tered on 1-15-73.

June 12—~AMENDED JUDGMENT— (Certified Copy) (Trs.

1500, 2122 & 2132)—from U.S. Court of Appeals that

the order of the District Court filed January 15, 1974, as

amended by order dated March 11, 1974, be, and the

same is hereby reversed. Each party shall bear his own

costs, and

June 12—ORDER—(Certified copy)—from U.S. Court of

Appeals. The appellee’s Petition for Modification of De-

cember 30, 1974 Opinion or for Rehearing before the

original panel is denied.

DATE

1975

The Judgment of the court is hereby modified to provide that

each party will bear his own costs. (Gibbons)

Copy of Opinion attached thereto.

June 12—Copy of Amended Judgment and Order mailed to

Judge Sheridan.

Documents Nos. 1, 2, 5, 17, 19, 21, 82, 85, 90, 92, 108, 120,

122, 125, 126 and 127 Pertaining to Tracts 1500, 2122

and 2182 mailed to W-B.

Sept. 30—SPECIAL INTERROGATORIES— (Tr. 1500, 2122,

21382)—Jury found that Doctrine of Substitute Facilities

does not apply.

Sept. 30—MINUTE SHEET (9th day)—(Tr. 1500, 2122,

2132)—Synod moves for withdrawal of jury and/or mis-

trial. DENIED. Jury Verdict received (Special Interrog)

and Jury polled. (S)

Oct. 3—VERDICT—Tr. 1500, 2122, 21832—We, the jury, find

in favor of Southeastern Pa. Synod of Lutheran Camps

of America and award the following:

Tr. 1500—Camp Miller—$250,000.00

Tr. 2122—Camp Ministerium—$300,000.00

Tr. 2182—Camp Hagan—$190,000.00

Nov. 5—JUDGMENT ON VERDICT—(Tract 1500)—Or-

dered that judgment be entered in favor of Southeastern

Pa. Synod of Lutheran Camps of America and against

U.S.A. in sum of $250,000.00. The sum of $186,000.00

having been deposited, there remains to be deposited the

sum of $64,000.00 with int. thereon at rate of 6% per

annum from 6/15/70 until date of deposit. (S)

Copies to counsel of record, from Hbg.

DATE

1975

Nov. 5—JUDGMENT ON VERDICT—(Tract 2122)—Or-

dered that judgment be entered in favor of Southeastern

Pa. Synod of Lutheran Camps of America, and against

the U.S.A. in sum of $300,000.00. The sum of $210,000.00

having been deposited into Registry of Court the sum of

$90,000.00 together with int. thereon at rate of 6% per

annum from 6/15/70 until date of deposit. (S)

Copies to counsel from Harris.

Nov. 5—JUDGMENT ON VERDICT—(Tract 2132)—Or-

dered that judgment be entered in favor of Southeastern

Pa. Synod of Lutheran Camps of America and against

the U.S.A. in sum of $190,000.00. The sum of $144,000.00

having been deposited into Registry of Court, the remains

to be deposited into registry the sum of $46,000.00 to-

gether with int. thereon at rate of 6% per annum from

6/15/70 until date of deposit. (S)

Copies to counsel from Harris.

Nov. 14—MOTION—of Condemnee, Southeastern Penna.

Synod of the Lutheran Church In America, for New

Trial, and

Nov. 14—CERTIFICATE—of service thereof.

1976

Dec. 8—OPINION—of Judge Muir, and

Dec. 8—ORDER—(Tracts 1500, 2122 and 2132)—Church in

America’s motion for a new trial is denied. (M)

- Copies to all counsel of record.

1977

Jan. 11—APPEAL—Tr. 1500, 2122, and 2132 (filing fee paid)

—of Defendant Southeastern Pa. Synod of Lutheran

Camp of America from Order of 8th day of Dec., 1976,

denying deft’s. motion for a new trial, and Bond for

Costs in sum of $250.00.

DATE

1977

Jan. 19—RECORD ON APPEAL—mailed to the U.S. Court

of Appeals.

1978

Apr. 25—OPINION—of U.S. Court of Appeals dated 3/27/78

.... “The order of the district court denying the Synod’s

motion for a new trial will be reversed and the case re-

manded for a new trial in accordance with this opinion.

(Judge Van Dusen) ... .” However, because I am bound

by the holding in 564.54 acres I, and because under the

holding of that case as elucidated by Judge Van Dusen,

I do not believe the litigants got a fair trial, I join Judge

Van Dusen in Parts I, II and III of his opinion and |

vote to reverse.” (Concurrence by Judge Stern)

and,

“I respectfully dissent to the remand of this case for

another trial because I believe first that the jury charge

given by the presiding judge, the late Chief Judge Sheri-

dan, faithfully adhered to the principles of law enunciated

by us in U.S. vs. 564.54 Acres of Land I, 506 F.2d 796

(8d Cir. 1974) concerning condemnation of public fa-

cilities owned by a nonprofit property owner, and that

no party objected to the instructions; second, that the

errors, if any, in the charge were minimal_and nowhere

near the magnitude of fundamental error; and third, that

any possible misstatement of the law by the Government

in its closing remarks was specifically cured by the trial

judge”, and I would therefore affirm the judgment of

the district court denying the motion for a new trial.

(Dissent by Judge Rosenn)

June 5—J.S. 5—case reopened

June 6—CASE FILE—returned from US Ct of Appeals.

Judgment 4-25-78

DATE

1978

June 6—DOCKETING LETTER—and

CERT. COPY OF JUDGMENT—from Ct of Appeals (No.

77-1238 C.A.), Ordered and Adjudged that the Order of

the Dist. Ct., dated 12/8/76, be and the same is hereby

reversed, and the cause remanded for a new trial in

accordance with the opinion of this Court. Costs taxed

against appellee. (Rosenn and Van Dusen, and Stern)

Certified as a true copy and issued in lieu of a formal

mandate on June 1, 1978. (Total costs taxed $539.15)

(Costs taxed in favor of appellant) Wm 6-5-78

8

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

Certified from the record

Date—6/16/70

T. H. CAMPION

Clerk

Per—/s/ [Illegible]

Deputy Clerk

UNITED STATES OF AMERICA, PLAINTIFF

v8.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

DECLARATION OF TAKING

TO THE HONORABLE,

THE UNITED STATES DISTRICT COURT:

I, Stanley R. Resor, Secretary of the Army of the

United States of America, do hereby declare that:

1. (a) The land hereinafter described is taken under

and in accordance with the Act of Congress approved

February 26, 1931 (46 Stat. 1421, 40 U.S.C. 258a),

and acts supplementary thereto and amendatory thereof,

and under the further authority of the Acts of Congress

approved April 24, 1888 (25 Stat. 94, 38 U.S.C. 591),

March 1, 1917 (39 Stat. 948, 33 U.S.C. 701), July 18,

1918 (40 Stat. 911, 33 U.S.C. 594), and August 18,

1941 (55 Stat. 650, 33 U.S.C. 701c-2), which authorize

the acquisition of land for flood control projects; the Act

of Congress approved October 23, 1962 (Public Law 87-

9

874), which act authorizes the development of the Dela-

ware River Basin; the Act of Congress approved Septem-

ber 1, 1965 (Public Law 89-158), which act authorized

the establishment of the Delaware Water Gap National

Recreation Area, Pennsylvania and New Jersey, as part

of the Tocks Island Reservoir Project; and the Acts of

Congress approved October 29, 1969 (Public Law 91-

98) and December 11, 1969 (Public Law 91-144) which

acts made funds available for such purposes.

(b) The public uses for which said land is taken are

as follows: The said land is necessary adequately to pro-

vide for a national recreation area in the Delaware River

Basin and for other uses incident thereto. The said land

has been selected by me for acquisition by the United

States for use in connection with the establishment and

use of the Delaware Water Gap National Recreation

Area, as part of the Tocks Island Reservoir Project,

Pennsylvania and New Jersey, and for such other uses

as may be authorized by Congress or by Executive Order.

2. A general description of the land being taken is

set forth in Schedule “A” attached hereto and made a

part hereof, and is a description of the same land de-

scribed in the complaint in the above entitled cause.

3. The estate taken for said public uses is the fee

simple title to the land described in Schedule “A”, subject,

however, to existing easements for public roads and high-

ways, public utilities, railroads and pipelines.

4, Plans showing the land taken are annexed hereto

as Schedule “B” and made a part hereof.

5. The sum estimated by me as just compensation for

said land, with all buildings and improvements thereon

and all appurtenances thereto and including any and all

interests hereby taken in said land, is set forth in Sched-

-ule “A” herein, which sum I cause to be deposited here-

with in the registry of the said court for the use and

benefit of the persons entitled thereto. I am of the

opinion that the ultimate award for said land prcebably

will be within any limits prescribed by law on the price

to be paid therefor.

10

IN WITNESS WHEREOF, the United States of

America, by its Secretary of the Army, thereunto au-

thorized, has caused this declaration to be signed in its

name by said Stanley R. Resor, Secretary of the Army,

this 21st day of May A.D. 1970, in the City of Wash-

ington, District of Columbia.

/s/ Stanley R. Resor

Secretary of the Army

11

SCHEDULE A

The land which is the subject matter of this declara-

tion of taking aggregates 564.54 acres in Monroe and

Pike Counties, Commonwealth of Pennsylvania. A de-

scription of the land taken, together with the names and

addresses of the purported owners thereof and a ¢‘ate-

ment of the sum estimated to be just compensation there-

for, are as follows:

TRACT NO. 904

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Smithfield, and

more particularly bounded and described as follows:

Beginning at a corner common to the lands of the

subject owner and the lands now or formerly of Frank

LeBar, et al, being a point in the southerly right of

way line of Mohawk Street, as shown on Map of Hi-

a-le-ah Park, Smithfield Township, Monroe County, Penn-

sylvania, dated 1944, and filed for record in Plat book

8, Page 160 in the records of Monroe County, Pennsyl-

vania, the said point being further located South 85°

55’ East 1378 feet, more or less, from the intersection

of the centerline of Pennsylvania Legislative Route Num-

ber 45012 with the centerline of Cedar Street; thence,

from the said point of beginning, and with the lands

of the said LeBar, et al, and with the said southerly

right of way line of Mohawk Street,

(1) North 85° 23’ East 102 feet to a corner common

to the lands of the said subject owner and the lands now

or formerly of American Land, Inc.; thence, leaving the

lands of the said LeBar, et al, and leaving the southerly

right of way line of the said Street, and with the lands

of the said American Land, Inc.,

(2) South 28° 34’ East 241 feet, more or iess, to a

point at the mean low water mark of the Delaware River;

thence, leaving the lands of the said American Land, Inc.,

and with the mean low water mark of the said River,

downstream,

12

(3) In a generally southwesterly direction, approxi-

mately 97 feet to a corner common to the lands of the

said subject owner and the lands of the said LeBar,

et al; thence, leaving the mean low water mark of the

said River, and with the lands of the said LeBar, et. al,

(4) North 23° 34’ West 261 feet, more or less, to

the place of beginning, containing 0.56 acre, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone),

1927 N.A. Datum.

It is the intent of the foregoing description to include

the same land as that described in a deed from Detleff

A. Hansen and Lorene A. Hansen, his wife, to Benedict

F. Pastorini and Viola E. Pastorini, his wife, dated

May 29, 1958 and filed for record June 2, 1958 in Deed

Book 243, Page 111 in the records of Monroe County,

Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Benedict F. Pastorini and

Viola E. Pastorini, his wife

210 Sixth Avenue

New York, New York

ESTIMATED JUST COMPENSATION $28,000.00

TRACT NO. 908

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Smithfield, and

more particularly bounded and described as follows:

Beginning at a corner common to the lands of the

subject owner and the lands now or formerly of Walter

S. Wyckoff, et ux, and at a point in the line of the

lands now or formerly of Frank LeBar, et al, being a point

in the southerly right of way line of Mohawk Street,

as shown on Map of Hi-a-le-ah Park, Smithfield Town-

ship, Monroe County, Pennsylvania, dated 1944, and

filed for record in Plat Book 8 Page 160 in the records

of Monroe County, Pennsylvania, the said point being

13

further located South 83° 40’ East 882 feet, more or

less, from the intersection of the centerline of Pennsyl-

vania Legislative Route Number 45012 with the center-

line of Cedar Street; thence, from the said point of be-

ginning, and with the lands of the said LeBar, et al, and

with the southerly right of way line of the said Mohawk

Street,

(1) North 76° 36’ East 108 feet to a corner common to

the lands of the said subject owner and the lands now

or formerly of Warren M. Wenner, et ux; thence, leav-

ing the lands of the said LeBar, et al, and leaving the

southerly right of way line of the said Street, and with

the lands of the said Wenner, et ux, the following

courses and distances:

(2) South 19° 39’ East 119 feet,

(8) South 28° 34’ East 204 feet, more or less, to a

point at the mean low water mark of the Delaware

River; thence, leaving the lands of the said Wenner, et

ux, and with the mean low water mark of the said River,

downstream,

(4) In a generally southwesterly direction, approxi-

mately 103 feet to a corner common to the lands of the

said subject owner and the lands of the said Wyckoff,

et ux; thence, leaving the mean low water mark of the

said River, and with the lands of the said Wyckoff, et

ux,

(5) North 23° 34’ West 310 feet, more or less, to the

place of beginning, containing 0.73 acre, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone),

1927 N.A. Datum.

It is the intent of the foregoing description to include

the same land as that described in:

(1) A deed from Warren M. Wenner and Dorothea

M. Wenner, his wife, to Bonnie M. Bourne, dated April

3, 1952, and filed for record April 8, 1952, in Deed Book

184 Page 262.

(2) A deed from George Rowland Collins and Gladys

Collins, his wife, to Bonnie M. Bourne, dated August 30,

1963, and filed for record September 24, 1963, in Deed

Book 312 Page 519.

14

Both the above deeds are found in the records of Mon-

roe County, Pennsylvania.

NAMES AND ADDRESS OF

PURPORTED OWNER

Bonnie M. Bourne

186 West 52nd Street

New York. New York

ESTIMATED JUST COMPENSATION $42,000.00

TRACT NO, 1120

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Smithfield and

more particularly bounded and described as follows:

Beginning at a corner common to the lands of Salva-

tore Frank Pappalardo, et ux, the lands of Alfred Pap-

palardo Sr., et ux, and the lands of John S. Michael,

said point being the beginning of the eleventh or South

16° 59’ East 578 feet, line of lands described in a deed

from Alfred Pappalardo, Sr. and Mary Pappalardo, his

wife to Salvatore Frank Pappalardo and Mary Edna

Papparaldo, his wife, dated June 11, 1951 and filed for

record in Deed Book 180, Page 165 in the records of

Monroe County, Pennsylvania, said point being further

located South 22° 20’ East 1630 feet, more or less, from

the intersection of the centerline of Township Route Num-

ber 515 with the centerline of Township Route Number

538; thence, from said point of beginning and with the

lands of the said Alfred Pappalardo, Sr.

(1) South 28° 08’ East, passing a corner common to

the lands of said Pappalardo, Sr., and the lands of Frank

B. Kober, et ux, at approximately 483 feet, in all 574

feet to a corner common to the lands of the said Salva-

tore Frank Pappalardo and the lands of Ludwig Hof-

stetter, et al; thence, leaving the lands of the said Kober,

and with the lands of the said Ludwig Hofstetter

(2) South 62° 43’ West 230 feet to a corner common

to the lands of the said Salvatore Frank Pappalardo, the

5

lands of the said Ludwig Hofstetter and the lands of

Anton Hofstetter; thence, leaving the lands of the said

Ludwig Hofstetter and with the lands of the said Anton

Hofstetter

(3) South 65° 43’ West, passing a corner common to

the lands of the said Anton Hofstetter and the lands of

Josie Pappalardo at approximately (illegible) 56 feet in

all 236 feet to a corner common to the lands of the said

Salvatore Frank Pappalardo and the lands of the said

Jossie Pappalardo; thence, with the lands of the said

Josie Pappalardo

(4) South 26° 45’ East, passing the Northerly right

of way line of Pennsylvania Legislative Route Number

45012 at approximately 263.50 feet in all 279 feet to the

center of the said Legislative Route Number 45012 and

to a corner common to the lands of the said Salvatore

Frank Pappalardo, the lands of the said Josie Pap-

palardo, and the lands of Albert E. Jochen; thence,

leaving the lands of the said Josie Pappalardo and with

the lands of the said Jochen and with the center of the

said Legislative Route Number 45012

(5) South 76° 18’ West 46 feet to a corner common

to the lands of the said Salvatore Frank Pappalardo,

the lands of the said Jochen, and other lands of Alfred

Pappalardo Sr.; thence, leaving the lands of the said

Jochen and with the lands of the said Alfred Pappalardo,

Sr. and continuing with the center of the said Legislative

Route Number 45012

(6) South 70° 14’ West 219 feet to a corner common

to the lands of the said Salvatore Frank Pappalardo, the

lands of the said Alfred Pappalardo and the lands of

Frank Pappalardo; thence, leaving the lands of the said

Alfred Pappalardo and with the lands of the said Frank

Pappalardo and continuing with the center of the said

Legislative Route Number 45012

(7) South 78° 48’ West 244 feet to a corner common

to the lands of the said Salvatore Frank Pappalardo,

the lands of the said Frank Pappalardo and still other

lands of the said Alfred Pappalardo Sr.; thence, leaving

the lands of the said Frank Pappalardo and continuing

with the center of the said Legislative Route Number

16

iti and with the lands of the said Alfred Pappalardo

r.

(8) South 81° 02’ West 178 feet to a corner common

to the lands of the said Salvatore Frank Pappalardo

and the lands of the said Alfred Pappalardo Sr.,; thence,

leaving the center of the said Legislative Route Number

45012 and with the lands of the said Alfred Pappalardo

Sr., the following courses and distances:

(9) North 27° 20’ West, passing the Northerly right

of way line of the said Legislative Route Number 45012

at approximately 19 feet, in all 601 feet

(10) North 61° 37’ East, passing a corner common to

the lands of the said Alfred Pappalardo Sr. and the

lands of the Scranton Pocono Girl Scout Council at ap-

proximately 395 feet in all 814 feet, to a corner common

to the lands of the said Salvatore Frank Pappalardo, the

lands of the said Girl Scout Council and the lands of the

said Michael; thence, leaving the lands of the said Girl

Scout Council and with the lands of the said Michael

(11) North 47° 46’ East 322 feet to the place of be-

ginning, containing 16.02 acres, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone)

1927 N A Datum.

The above described land is substantially the same land

as that described in a deed from Alfred Pappalardo Sr.

and Mary Pappalardo, his wife, to Salvatore Frank Pap-

palardo and Mary Edna Pappalardo, his wife, dated June

11, 1951 and filed for record June 11, 1951 in Deed Book

180, Page 165 in the records of Monroe County, Penn-

sylvania.

17

NAMES AND ADDRESSES

OF PURPORTED OWNERS:

Salvatore Frank Pappalardo and Earl F. Robacher and

Mary Edna Pappalardo, his wife Mrs. Earl F. Robacher,

R.D. #1 his wife

East Stroudsburg, Pennsylvania (first name unknown)

Equitable Life Assurance Society Peheatn teh naa

of the United States

New York, New York Unknown heirs and as-

Mortgagee signs of Earl F. Ro-

George A. Michael bacher and Mrs. Earl

F. Robacher, his wife

(first name unknown)

Private right of way

ESTIMATED JUST COMPENSATION $23,500.00

TRACT NO. 1330

Address unknown

Water Rights

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Smithfield and

more particularly bounded and described as follows:

Beginning at a corner common to the lands of Herbert

Erickson, et ux, and the lands of John C. Kinsella, et al,

and at a point on the easterly side of an unnamed

street, said point being the beginning of the fourth or

North 70° 08’ East 174.31 feet, line of lands described

in a deed from Frank J. Young and Norma E. Young,

his wife, to Herbert Erickson and Helen Mary Erickson,

his wife, dated August 10, 1957 and filed for record in

Deed Book 285, Page 686, in the records of Monroe

.County, Pennsylvania; thence, from said point of be-

ginning, and with the lands of the said Kinsella

(1) North 58° 36’ East 175.5 feet to a point in the

line of lands of Pardee’s Beach Development Corpora-

tion; thence, leaving the lands of the said Kinsella, and

with the lands of the said Corporation

(2) South 27° 45’ East 99 feet to a corner common

to the lands of the said Erickson, and the lands of New-

18

ton R. Brown, Jr., et ux; thence, leaving the lands of

the said Corporation and with the lands of the said

Brown

(3) South 58° 36’ West 186 feet to a corner common

to the lands of the said Erickson, lands of the said Brown,

and to a point on the easterly side of the said unnamed

street; thence, leaving the lands of the said Brown and

the easterly side of the said unnamed street

(4) North 31° 15’ West 99 feet to the place of be-

ginning, containing 0.39 acre, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone)

1927 N A Datum.

The above described land is substantially the same land

as that described in a deed from Frank J. Young and

Norma E. Young, his wife, to Herbert Erickson and

Helen Mary Erickson, his wife, dated August 10, 1957

and filed for record August 12, 1957 in Deed Book 235,

Page 686 in the records of Monroe County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Herbert Erickson and Mary A. Treible, her

Helen Mary Erickson, his wife heirs, devisees and as-

571 46th Street signs

Brooklyn, New York Address unknown

Right of Way

East Stroudsburg Savings,

Building and Loan Association

East Stroudsburg, Pennsylvania

Mortgagee

ESTIMATED JUST COMPENSATION $12,000.00

TRACT 1500

A certain tract of land situated in the State of Penn-

sylvania, Couity of Monroe, Township of Smithfield and

Township of Middle Smithfield and more particularly

bounded and described as follows:

19

Beginning at a corner common to the lands of the

Evangelical Lutheran Ministerium, and the lands of John

S. Michael, and at a point in the line of lands of Pardee’s

Beach Development Corporation, said point being the

beginning of the third, or South 2412° East 59 perches,

line of lands described in a deed from E. Clarence Miller

and Cornelia E. Miller, his wife, to the Evangelical

Lutheran Ministerium, dated July 17, 1928 and filed for

record in Deed Book 111, Page 507 in the records of

Monroe County, Pennsylvania, said point being further

located South 42° 30’ West 4420 feet, more or less, from

the intersection of the centerline of Township Route Num-

ber 546 with the centerline of Township Route Number

515; thence, from said point of beginning and with the

lands of the said Michael, the following courses and

distances:

(1) North 59° 37 East 141 feet

(2) North 37° 00’ East 1370 feet to a point in the

line of lands of Herbert H. Theune; thence, leaving the

lands of the said Michael, and with the lands of the said

Theune

(3) South 28° 40’ East, passing the center of Pennsyl-

vania Legislative Route Number 45012 at approximately

1390 feet, in all 2829 feet to a point on the right bank

of the Delaware River; thence, leaving the lands of the

said Theune, and with the right bank of the said river,

downstream, the following courses and distances:

(4) South 66° 59’ West, passing the line between the

Township of Smithfield and the Township of Middle

Smithfield at approximately 350 feet, in all 1054 feet

(5) South 56° 48’ West 484 feet to a corner common

to the lands of the said Ministerium and the lands of

. Patrick F. Rooney, et al; thence, leaving the right bank

of the said river and with the lands of the said Rooney

(6) North 28° 33’ West, passing a corner common

to the lands of the said Rooney and the lands of Ervin

E. Rouch, et ux, and repassing the center of the said

Legislative Route at approximately 997 feet, in all 1237

feet, to a corner common to the lands of the said Minis-

terium and the lands of the said Corporation; thence,

20

leaving the lands of the said Rouch, and with the lands

of the said Corporation, the following courses and dis-

tances:

(7) North 52° 41’ East, repassing the line between

the Township of Smithfield and the Township of Middle

Smithfield at approximately 46 feet, in all 138 feet

(8) North 28° 30’ West 937 feet, to the place of

beginning, containing 82.39 acres, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone)

1927 N A Datum.

The above described land is substantially the same land

as that described in a deed from E. Clarence Miller

and Cornelia E. Miller, his wife, to the Evangelical Lu-

theran Ministerium dated July 17, 1928 and filed for

record August 7, 1930 in Deed Book 111, Page 507 in

the records of Monroe County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Evangelical Luthern Ministerium

Also known as Evangelical Lutheran Ministerium of

Pennsylvania and Adjacent States

A Pennsylvania Corporation

c/o Peter M. Mattoon, Esgq.,

1035 Land Title Building

Broad and Chestnut Streets

Philadelphia, Pennsylvania

Estimated Just Compensation $186,000.00

TRACT 1501

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field and more particularly bounded and described as

follows:

Beginning at a corner common to the lands of Herbert

H. Theune, and the lands of Lee B. Koehler, et ux, and

21

at a point in the line of lands of Deer Haven Corpora-

tion, said point being the beginning of the fifth or South

33° 25’ East 1505 feet, line of lands described on page

20 in a survey dated January 9, 1942 in a deed from

Karl Theune and Elizabeth Theune, his wife, to Herbert

H. Theune, dated July 29, 1953 and filed for record in

Deed Book 195, Page 19, in the records of Monroe

County, Pennsylvania, said point being further located

North 69° C0’ West 2890 feet, more or less, from the

intersection of the centerline of Township Route Number

546, with the centerline of Pennsylvania Legislative

Route Number 45012; thence, from said point of be-

ginning, and with the lands of the said Koehler

(1) South 45° 09’ East, passing a corner common to

the lands of the said Koehler and the lands of Louis

Warncke, et ux, and passing the center of Township

Route Number 515 at approximately 718 feet, in all 1503

feet, to a corner common to the lands of the said Theune

and the lands of the said Warncke; thence, continuing

with the lands of the said Warncke

(2) North 50° 28’ East 891 feet to a corner common

to the lands of the said Theune, lands of the said

Warncke, and the lands of Edith M. Michael; thence,

leaving the lands of the said Warncke, and with the

lands of the said Edith M. Michael, as fol!-ws:

(3) North 40° 49’ East 29 feet

(4) South 45° 34’ East, passing the Northerly right

of way line of the said Legislative Route at approxi-

mately 994.50 feet, in all 1011 feet to the center of the

said Legislative Route and leaving the center of the said

Legislative Route

(5) South 38° 03’ East, passing the Southerly right

of way line of the said Legislative Route at approxi-

‘mately 16.50 feet, in all 117 feet

(6) South 53° 08’ West 35 feet

(7) South 34° 12’ East $13 feet to a point on the right

bank of the Delaware River; thence, leaving the lands

of the said Edith M. Michael, and with the right bank

of the said river, downstream, the following courses and

distances:

22

(8) South 48° 36’ West 327 feet

(9) South 39° 10’ West 404 feet

(10) South 37° 54’ West 583 feet

(11) South 45° 14’ West 538 feet

(12) South 51° 34’ West 532 feet

(13) South 59° 29’ West 311 feet to a corner common to

to the lands of the said Thenue and the lands of the

Evangelical Lutheran Ministerium; thence, leaving the

right bank of the said river, and with the lands of the

said Ministerium

(14) North 28° 40’ West, passing the center of the

said Legislative Route at approximately 1,439 feet, pass-

ing a corner common to the lands of the said Minister-

ium, and the lands of John S. Michael, at approximately

2,829 feet, and passing the Southerly right of way line

of the said Township Route Number 515 at approxi-

mately 3,132.50 feet, in all 3,149 feet, to a corner com-

mon to the lands of the said Thenue and the lands of the

said John S. Michael, and to a point in the center of the

said Township Route Number 515; thence, with the cen-

ter of the said Township Route Number 515, and con-

tinuing with the lands of the said John S. Michael

(15) South 76° 58’ West 661 feet to a corner common

to the lands of the said Theune, lands of the said John

S. Michael, and the lands of the said Corporation; thence,

leaving the center of the said Township Route Number

515, and leaving the lands of the said John S. Michael,

and with the lands of the said Corporation, the follow-

ing courses and distances:

(16) North 44° 44’ West, passing the Northerly right

of way line of the said Township Route Number 515 at

approximately 16.50 feet, in all 760 feet

(17) North 43° 26’ East 647 feet

(18) South 43° 34’ East 540 feet

(19) North 48° 03’ East 1005 feet to the place of be-

ginning, containing 178.39 acres, more or less.

There is excepted from the above described land, the

following tract:

Tract: 1515

Owner: Nicholas J. Behr, et ux —

Acres: 1.02

23

The above described land after the aforesaid excep-

tion contains 177.37 acres, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone)

1927 N A Datum.

The above described land is substantially the same

land as that described in a deed from Karl Theune and

Elizabeth Theune, his wife, to Herbert H. Theune, dated

July 29, 1953 and filed for record August 7, 1953, in

Deed Book 195, Page 19, in the records of Monroe

County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Herbert H. Theune and Mrs. Samuel Strunk

Maria Theune, his wife Address unknown

R.D. #1 Right of Way

East Stroudsburg, Pennsylvania Wilson Stettler

Karl Theune and R.D. #2

Elizabeth Thenue, his wife Northampton,

Address unknown Pennsylvania

Life Estate Tenant

Equitable Life Assurance Society

of the United States

New York, New York

Mortgagee

ESTIMATED JUST COMPENSATION $175,000.00

TRACT 2122

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field and more particularly bounded and described as

follows:

Beginning at a corner common io the lands of the

Evangelical Lutheran Ministerium of Pennsylvania and

Adjacent States and the lands of the Monroe Security

———

24

Bank and Trust Company, Trustee, and in the line of

the lands of Karl Hope, et ux, said point being located

South 24° 50’ West 3635 feet, more or less, from the

intersection of the center of Legislative Route Number

45012 with the center of Township Route Number 633;

thence, from the said point of beginning and with the

lands of the said Bank and Trust Company, the follow-

ing courses and distances:

(1) South 46° 46’ East 1664 feet (3rd Course, Deed

Book 151, Page 188, North 43° West, 100 perches) to a

point in the center of the said Legislative Route; thence,

continuing with the lands of the said Bank and Trust

Company and with the center of the said Legislative

Route,

(2) South 33° 01’ West 376 feet to a point in the

center of the said Legislative Route; thence, leaving the

center of the said Legislative Route and continuing with

the lands of the said Bank and Trust Company,

(3) South 57° 36’ East 1079 feet to a point in the

right descending bank of the Delaware River; thence,

leaving the lands of the said Bank and Trust Company,

and with the said right descending bank of the Dela-

ware River, the following courses and distances:

(4) South 02° 58’ East 394 feet,

(5) South 19° 34’ West 418 feet,

(6) South 31° 21’ West 556 feet,

(7) South 40° 05’ West 386 feet,

(8) South 26° 32’ West 358 feet to a corner common to

the lands of Edward J. McFeely, et ux, and the lands of

the said Ministerium; thence, leaving the right descend-

ing bank of the said river, and with the lands of the

said McFeely, et ux,

(9) North 54° 20’ West 394 feet to a point in the

center of the said legislative route; thence, continuing

with the lands of the said McFeely, et ux, and with the

center of the said legislative route,

(10) South 13° 25’ West 250 feet to a corner common

to the lands of the said Ministerium and the lands of

Mary Kessler Barr; thence, leaving, the lands of the

25

said McFeely, et ux, and leaving the center of the said

Legislative Route, and with the lands of the said Barr,

(11) North 53° 57’ East 530 feet; thence, continu-

ing with the lands of the said Barr, the following courses

and distances:

(12) South 41° 32’ West 258 feet,

(13) North 52° 05’ West 1055 feet to a point in the

line of the lands of John A. Farrington; thence, leaving

the lands of the said Barr and with the lands of the said

Farrington, the following courses and distances:

(14) North 49° 46’ East 455 feet,

(15) North 47° 13’ West, crossing the center of Town-

ship Route Number 515 at approximately 21 feet, pass-

ing a corner common to the lands of the said Farrington

and lands of Western Heritage Properties Limited (Inc.)

at 105 feet, in all 854 feet,

(16) South 74° 45’ West 262 feet to a corner common

to the lands of Francis Hickok Erdman, et al, and the

lands of the said Western Heritage; thence, leaving the

lands of the said Western Heritage and with the lands

of the said Erdman, et al, the following courses and

distances:

(17) North 46° 31’ West 845 feet,

(18) North 46° 25’ East, passing a corner common

to the lands of the said Erdman, et al, and the lands of

George K. Brands, Sr., et ux, at 498 feet, passing a

corner common to the lands of said Brands, Sr., et ux,

and lands of Karl Hope, et ux, at 1592 feet, in all 2563

feet, to the place of beginning, containing 183.79 acres,

more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone),

1927 N. A. Datum.

It being the intent of the foregoing description to in-

clude a part of the same land as that described in a deed

from Mary Turn Balir, et al, to Evangelical Lutheran

Ministerium of Pennsylvania and Adjacent States, dated

September 12, 1945 and filed for record September 26,

1945 in Deed Book 151, Page 133, in the records of

Monroe County, Pennsylvania.

26

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Evangelical Lutheran Ministerium

Also known as Evangelical Lutheran Ministerium

of Pennsylvania and Adjacent States

c/o Peter M. Mattoon, Esq.,

1035 Land Title Building

Broad and Chestnut Streets

Philadelphia, Pennsylvania

Estimated Just Compensation $210,000.00

TRACT 2132

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field, and more particularly bounded and described as

follows:

Beginning at a corner common to the lands of the

Evangelical Lutheran Ministerium of Pennsylvania and

Adjacent States and the lands of John Stettler, et ux, and

at a point in the line of the lands of Sterling R. Schoon-

over, said point being further located North 80° 26’

East 3410 feet, more or less, from the intersection of the

center of Legislative Route Number 45012 with the center

of Township Route Number 633; thence, from the said

point of beginning and with the lands of the said Stet-

tler, et ux,

(1) South 51° 42’ East, passing a corner common to

the lands of the said Stettler, et ux, and the lands of

Harold Jensen, et ux, at 420 feet, the said point being

in the center of Township Route Number 515, in all 965

feet, to a point on the right descending bank of the

Delaware River; thence, leaving the lands of the said

Jensen, et ux, and with the said right descending bank

the following courses and distances:

= tae 61° 46’ West 69 feet,

outh 35° 02’ West 1396 feet to a corner com

to the lands of the said Ministerium and the lini at

27

Albert A. Owens, et ux; thence, leaving the right de-

scending bank and with the lands of the said Owens,

et ux,

(4) North 49° 50’ West 892 feet to a point in the

center of the said Township Route Number 515; thence,

continuing with the lands of the said Owens, et ux, and

with the center of the said Township Route Number

515,

(5) South 62° 13’ West 140 feet to a point in the

center of the said Township Route Number 515; thence,

leaving the center of the said Township Route Number

515, and eontinuing with the lands of the said Owens,

et ux, the following courses and distances:

(6) North 61° 01’ West 478 feet,

(7) North 48° 42’ East 141 feet,

(8) North 56° 54’ East 198 feet,

(9) South 60° 37’ East 247 feet,

(10) North 40° 20’ East 895 feet to a corner common

to the lands of the said Owens, et ux, and the lands of

the said Schoonover; thence, leaving the lands of the said

Owens, et ux, and with the lands of the said Schoonover,

(11) North 44° 15’ East 377 feet (6th Course, Deed

Book 125, Page 475, North 57° 49’ East 364.5 feet) to

the place of beginning, containing 37.72 acres, more or

less.

It being the intent of the foregoing description to in-

clude the same land as that described in:

(1) A deed from J. W. R. Hilliard and Anne H. Hil-

liard, his wife, to Evangelical Lutheran Ministerium of

Pennsylvania and Adjacent States, dated November 18,

1936 and filed for record November 30, 1936, in Deed

Book 125, Page 475.

(2) A deed from J. W. R. Hilliard and Anne H. Hil-

liard to Evangelical Lutheran Ministerium of Pennsyl-

vania and Adjacent States, dated January 18, 1937 and

filed for record February 20, 1937, in Deed Book 126,

Page 184.

(3) A deed from J. W. R. Hilliard and Anne H. Hil-

liard to Evangelical Lutheran Ministerium of Pennsyl-

vania and Adjacent States, dated November 10, 1944

28

and filed for record February 14, 1945 in Deed Book

148, Page 414.

All of the above deeds are found in the records of

Monroe County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS

Evangelical Lutheran Ministerium J. W. R. Hilliard

Also known as Evangelical and Ann H. Hilliard,

Lutheran Ministerium of his wife

Pennsylvania and Adjacent States Address unknown

A Pennsylvania Corporation Option Rights

c/o Peter M. Mattoon, Esq.,

1035 Land Title Building

Broad and Chestnut Streets

Philadelphia, Pennsylvania

Estimated Just Compensation $144,000.00

TRACT NOS. 2940 AND 2941

TRACT NO. 2940

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field, and more particularly bounded and described as

follows:

Being all of lots numbers two (2), three (3), four (4),

five (5), six (6), seven (7), eight (8) and nine (9), in

Section Number Two (2), Map of Proposed Sub-division,

Winona Lakes, Middle Smithfield Township, Monroe

County, Pennsylvania, dated December, 1964, and filed

for record March 15, 1965 in Plot Book 9, Page 121, in

the records of Monroe County, Pennsylvania.

The above described tract contains 5.63 acres, more or

ess.

It is the intent of the foregoing description to include

the same land as that described in a deed from Karl Hope

and Hilda Hope, his wife, to ‘Florence McMenamin,

29

dated December 5, 1968 and filed for record December

5, 1968, in Deed Book 368, Page 596, in the record of

Monroe County, Pennsylvania.

TRACT NO. 2941

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field, and more particularly bounded and described as

follows:

Being all of lots numbers eighty-five (85), eighty-six

(86), eighty-seven (87), eighty-eight (88), eighty-nine

(89) and ninety (90) in Section Number Two (2), Map

of Proposed Sub-division, Winona Lakes, Middle Smith-

field Township, Monroe County, Pennsylvania, dated De-

cember, 1964, and filed for record March 15, 1965 in Plot

Book 9, Page 121, in the records of Monroe County,

Pennsylvania.

The above described tract contains 2.40 acres, more

or less.

It is the intent of the foregoing description to include

the same land as that described in a deed from Karl

Hope and Hilda Hope, his wife, to Florence McMenamin,

dated December 5, 1968 and filed for record December

5, 1968, in Deed Book 368, Page 601, in the records of

Monroe County, Pennsylvania.

NAME AND ADDRESS OF PURPORTED OWNER

OF TRACT NOS. 2940 AND 2941

Florence McMenamin

c/o Harold E. Kohn

2600 The Fidelity Building

Philadelphia, Pennsylvania

ESTIMATED JUST COMPENSATION

FOR TRACT NO. 2940 $5,000.00

ESTIMATED JUST COMPENSATION

FOR TRACT NO, 2941 $2,000.00

TRACT NO. 2942

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field, and more particularly bounded and described. as

follows:

Being all of lot number ninety-four (94) in Section

Number Two (2), Map of Proposed Sub-division, Winona

Lakes, Middle Smithfield Township, Monroe County,

Pennsylvania, dated December, 1964, and filed for record

March 15, 1965 in Plot Book 9, Page 121, in the records

of Monroe County, Pennsylvania.

The above described tract contains 0.36 acre, more or

less.

It is the intent of the foregoing description to include

the same land as that described in a deed from Karl

Hope and Hilda Hope, his wife, to Norman Lohman

dated February 14, 1969, and filed for record February

17, 1969, in Deed Book 370, Page 660, in the records

of Monroe County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS:

Norman Lohman and

Agnes L. Lohman, his wife

85 North First Street

Stroudsburg, Pennsylvania

ESTIMATED JUST COMPENSATION $1,750.00

TRACT NO. 2943

A certain tract of land situated in the State of Penn-

sylvania, County of Monroe, Township of Middle Smith-

field, and more particularly bounded and described as

follows:

Being all of lot number ninety-five (95) in Section

Number Two (2), Map of Proposed Sub-division,

Winona Lakes, Middle Smithfield Township, Monroe

County, Pennsylvania, dated December, 1964, and filed

31

for record March 15, 1965 in Plot Book 9, Page 121,

in the records of Monroe County, Pennsylvania.

The above described tract contains 0.88 acre, more or

less.

It is the intent of the foregoing description to include

the same land as that described in a deed from Kar]

Hope and Hilda Hope, his wife, to Robert J. Berish dated

February 14, 1969, and filed for record February 17,

1969, in Deed Book 370, Page 656, in the records of

Monroe County, Pennsylvania.

NAMES AND ADDRESSES OF

PURPORTED OWNERS:

Robert J. Berish and

Carolyn H. Berish, his wife

2 North Seventh Street

Stroudsburg, Pennsylvania

ESTIMATED JUST COMPENSATION $1,750.00

TRACT NO. 8547

A certain tract of land situated in the State of Pem»-

sylvania, County of Pike, Township of Lehman, and more

particularly bounded and described as follows:

Beginning at a corner common to the lends of the

subject cwner, the lands now or formerly of Lovias, P,

Browning, et al, and at a point in the lands now or

formerly of Irving S. Courtright, et ux, the said point

being located in the center of Township Route Number

818, the said point being further located South 30° 58’

East 660 feet, more or less, from the intersection of the

center of the said Township Route Number 318 with the

center of Township Route Number 3814; thence, from

the said point of beginning and with the lands of the

said Browning, et al, the following courses and distances:

82

(1) South 27° 46’ West 153 feet

(2) North 58° 20’ West, passing a corner common to

the lands of the said Browning, et al, and the lands now

or formerly of Frederick Alfred Kellermann, et ux, and

continuing with the center of the said Township Route

Number 314, at 1022 feet, in all 1302 feet, to a corner

common to the lands of the said subject owner and the

lands of the said Browning, et al, and at a point in the

center of the said Township Route Number 314; thence,

leaving the lands of the said Kellermann, et ux, and

leaving the center of the said Township Route Number

314 and with the lands of the said Browning, et al, the

following courses and distances:

(3) North 56° 16’ East 583 feet

(4) North 40° 29’ East 346 feet to a corner common

to the lands of the said subject owner and the lands now

or formerly of the Honeymoon Resorts, Inc., and at a

point in the center of the said Township Route Number

318; thence, leaving the lands of the said Browning,

et al, and with the lands of the said Resorts, Inc., and

with the center of the said Township Route Number

318, the following courses and distances:

(5) South 38° 03’ East 260 feet

(6) South 04° 14’ East 32 feet to a point in the center

of the said Township Route Number 318; thence, leaving

the center of the said Township Route Number 318 and

continuing with the lands of the said Resorts, Inc.,

(7) North 74° 10’ East 807 feet, (1st Course, Deed

Book 84 Page 5538, North 86° 00’ East 50 rods),

(8) South 61° 34’ East 535 feet

(9) North 55° 20’ East 127 feet

(10) North 19° 46’ East 88 feet

(11) South 60° 29’ East 193 feet

(12) North 21° 51’ East 591 feet to a point in the

line of the lands of the said Browning, et al; thence,

leaving the lands of the said Resorts, Inc., and with the

33

lands of the said Browning, et al, the following courses

and distances:

(18) South 36° 54’ East 846 feet

(14) South 48° 28’ West 1415 feet to a corner common

to the lands of the said subject owner, the lands of the

said Courtright, et ux; thence, leaving the lands of the

said Browning, et al, and with the lands of the said

Courtright, et ux, the following courses and distances:

(15) North 63° 04’ West 870 feet

(16) South 41° 52’ West 256 feet to a point in the

center of the said Township Route Number 318; thence,

continuing with the lands of the said Courtright, et ux,

and with the center of the said Township Route Number

318,

(17) South 31° 13’ East 69 feet to the place of be-

ginning, containing 56.80 acres, more or less.

The bearings used herein are referenced to the Penn-

sylvania State Rectangular Grid System (North Zone),

1927 N.A. Datum.

It is the intent of the foregoing description to include

the same land as that described in:

(1) A deed from Mary C. McCaffrey, widow, to

Richard Thoma and Elsie Thoma, his wife, dated March

26, 1931 and filed for record March 27, 1931 in Deed

Book 84, Page 553.

(2) A deed from W. L. DeVore and Rose M. DeVore,

his wife, to Richard Thoma and Elsie Thoma, his wife,

dated August 8, 1939 and filed for record October 19,

1940 in Deed Book 95, Page 520.

Both of the above deeds are found in the records of

Pike County, Pennsylvania.

The said Richard Thoma died during December, 1943.

34

NAME AND ADDRESS OF

PURPORTED OWNERS

Elsie Thoma, widow

413 58rd Street

West New York, New Jersey

ESTIMATED JUST COMPENSATION $62,000.00

The.gross sum estimated to be just compensation for the

land hereby taken is $893,000.00

35

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

[Filed Jan. 31, 1973]

UNITED STATES OF AMERICA, PLAINTIFF

v.

564.54 ACRES OF LAND, MORE oR LEsS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

AFFIDAVIT OF REV. DR. WILLIAM A. JANSON

COMMONWEALTH OF PENNSYLVANIA as

COUNTY OF PHILADELPHIA )

I, William A. Janson, being duly sworn according to

law, depose and say as follows:

1. I am the president of the Southeastern Pennsyl-

vania Synod of the Lutheran Church in America (“the

Synod”), a Pennsylvania nonprofit corporation which is

the owner of land involved in the above captioned con-

demnation proceedings. This affidavit is based either upon

personal knowledge or information and belief.

2. A portion of the condemned property known as

Camp Miller, and designated as Tract 1500 on the Corps

of Engineers Project Map, is composed of approximately

82 acres of land which were purchased by the Synod in

‘1927. The construction of improvements essential to its

use as a camp was begun immediately thereafter, and on

the date of the condemnation there were approximately

55 structures in use on this Tract. These included,

among others, 22 cabins, kitchen and dining facilities,

staff quarters, an infirmary and administration facilities.

36

These structures were erected and utilized for the sole

purpose of operating a summer camp for approximately

1450 boys each year. A staff of 68 persons operated the

camp.

8. Another portion of the condemned property, known

as Camp Hagan, and designated as Tract 2132 on the

Corps of Engineers Project Map, is composed of ap-

proximately 40 acres of land which were purchased in

1937. The thirty-four structures being used on the con-

demnation date were erected over a period of years be-

ginning in 1937 and ending in 1959. The types of struc-

tures at Camp Hagan are similar to those found at Camp

Miller and they were used exclusively for the purpose

of operating a summer camp for approximately 1400

young girls yearly. A staff of 68 persons operated this

camp.

4. The third portion of the condemned property, known

as Camp Ministerium, and designated as Tract 2122 on

the Corps of Engineers Project Map, consists of approxi-

mately 184 acres of land which were purchased in 1945.

This camp was constructed in the 10 year period from

1947 to 1959 and consisted of approximately 37 struc-

tures on the date of condemnation. These structures,

which are similar to those provided at the other two

camps, were used exclusively for family camping and

accommodated approximately 600 persons a year. A

staff of 32 persons operated the camp.

5. In order to provide a substitute for the camp fa-

cilities condemned by the Government, the Synod has

acquired a large tract of land, at a cost of $321,000, in

Bear Creek Township, Luzerne County. The Synod has

already expended an amount in excess of $110,000 for

engineering and architectural fees incurred in planning

the proposed construction of substitute facilities. The

new facilities will be functionally equivalent to those

condemned by the Government, and these facilities will

meet the state regulatory requirements promulgated since

the erection of the condemned facilities.

6. The City of Philadelphia operates a residential

camp facility on a 671 acre tract of land in Monroe and

Pike Counties, Pennsylvania. This camp, Camp William

87

Penn, is located in the same area, and has facilities

similar to those provided by the Synod’s camps. Camp

William Penn has 75 structures and serves approximately

1450 Philadelphia children yearly.

7. The City of Philadelphia also operates Camp Larch-

wood, a residential camp located in Berks County on 120

acres of land leased by the City. Camp Larchwood serves

approximately 400 Philadelphia children yearly.

8. The federal government as part of the Model Cities

program, P.L. 89-754; 80 Stat. 1255, totally finances

the operation of Camp Larchwood and also provides ap-

proximately $200,000 per annum to cover the cost of

indigent Philadelphia children attending private camps.

/s/ William A. Janson

WILLIAM A. JANSON

SWORN and SUBSCRIBED before me this 22nd day

of January, 1973.

/s/ (Illegible]

Notary Public

Philadelphia, Philadelphia Co.

My Commission Expires March 13, 1976

38

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 70-240 Civil

Tract No. 1500

Tract No. 2122

Tract No. 2132

[Filed Jan. 15, 1974]

UNITED STATES OF AMERICA, PLAINTIFF

Vv.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

APPEARANCES:

For Plaintiff :

For Defendant

Southeastern Pennsylvania

Synod of the Lutheran

Church in America

S. John Cottone

United States Attorney

Post Office Building

Scranton, Pa.

Peter H. Ruvolo

Attorney

William J. Kollins

Attorney

Department of Justice

Washington, D.C.

John V. Bonneau, Esq.

Peter M. Mattoon, Esq.

H. Ober Hess, Esq.

Ballard, Spahr, Andrews &

Ingersoll

1035 Land Title Building

Philadelphia, Pa.

Joseph C. Kreder, Esq.

Warren, Hill, Henkelman &

McMenamin

Scranton Electric Building

Scranton, Pa.

39

UNITED STATES DISTRICT COURT |

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 70-240 Civil

Tract No. 1500

Tract No. 2122

Tract No. 2132

UNITED STATES OF AMERICA, PLAINTIFF

v.

564.54: ACRES OF LAND, MORE OR LESS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

MEMORANDUM

Plaintiff, United States of America, has requested the

court to make certain pre-trial rulings in the above cap-

tioned matter.

On June 15, 1970, the government condemned three

recreational camps titled in the name of the Southeastern

Pennsylvania Synod of the Lutheran Church in America.

The camps were used by children during the summer

months of each year. Foiiowing the condemnation two

of the three camps were leased back to the defendant

by the government for an annual rental. The camp pro-

gram is conducted in the name of the Eastern Pennsyl-

vania Lutheran Camp Corporation, a Pennsylvania non-

profit corporation, the board of directors of which is

appointed by the president of the Southeastern Pennsyl-

vania Synod of the Lutheran Church in America and

the Northeastern Pennsylvania Synod of the Lutheran

Church in America on a joint basis.

The camps are open to children without any restriction

as to race, creed or color, nor is there any policy of

40

iving priority in registration to any religious denomina-

tion. F eater atlania are accepted on a first come first

serve basis. The camps also serve children with mental,

psychological, financial and other special needs.

The main issue before the court at this time is what

standard is to be applied in determining “just com-

pensation” for the property condemned. Defendant ar-

gues that the substitution of facilities doctrine is to be

applied in this situation where a non-profit corporation

supplies a public service. The government contends that

only when a public governmental body is the condemnee

is substitution a proper standard.

Defendant’s land apparently has a special character.

The land and improvements were specifically designed

for camping purposes. The camps provide a service not

only to those of the Lutheran faith but to children of

all faiths and diverse backgrounds. However, the owner-

ship of the camps is in a private organization.

Only in those cases in which the condemnee was a

governmental public entity has the substitution doctrine

been applied. Brown v. U.S., 1923, 263 U.S. 78; US.

v. Certain Lands, 3 Cir. 1957, 246 F. 2d 823; U.S. v.

Certain Property in Borough of Manhattan, 2 Cir. 1968,

403 F. 2d 800; U.S. v. Certain Property in Borough of

Brooklyn, 2 Cir. 1965, 346 F. 2d 690; U.S. v. New

York, 2 Cir. 1948, 168 F. 2d 387; U.S. v. Board of

Education of Mineral County, 4 Cir. 1958, 253 F. 2d

760; Town of Clarksville, Va. v. U.S., 4 Cir. 1952, 198

F. 2d 238, cert. denied, 1953, 344 U.S. 927; Mayor and

City of Baltimore v. U.S., 4 Cir. 1945, 147 F. 2d 786;

City of Fort Worth v. U.S., 5 Cir. 1951, 188 F. 2d 217;

Jefferson County v. Tennessee Valley Authority, 6 Cir.

1945, 146 F. 2d 564, cert. denied, 1945, 324 U.S. 871;

U.S. v. Arkansas, 8 Cir. 1947, 164 F. 2d 948; US. v.

Des Moines County, 8 Cir. 1945, 148 F. 2d 448, cert.

denied, 1945, 326 U.S. 743; State of Washington v. US.,

9 Cir. 1954, 214 F. 2d 33, cert. denied, 1954, 348 U.S.

41

862; California v. U.S., 9 Cir. 1948, 169 F. 2d 914;

U.S. v. Los Angeles County, 9 Cir. 1947, 163 F. 2d 124;

Woodville v. U.S., 10 Cir. 1946, 152 F. 2d 735, cert.

denied, 1946, 328 U.S. 842; U.S. v. Certain Land in City

of Red Bluff, N.D. Cal. 1961, 192 F. Supp. 725; US.

v. 43.635 Acres of Land, D.C. Mo. 1960, 183 F. Supp.

168; U.S. v. 1.433 Acres of Land, D. Kans. 1947, 71

F. Supp. 854; U.S. v. 0.886 of an Acre of Land, E.D.

N.Y. 1946, 65 F. Supp. 827. See also Just Compensa-

tion And The Public Condemnee, 1966, 75 Yale L.J. 1053;

Level, Evaluation Of Special Purpose Properties In Con-

demnation Proceedings, 1971, 3 Urban Lawyer 428;

40 A.L.R. 3d 143.

The substitution standard is allowed a public con-

demnee because of the unique nature of the ownership,

i.e., community property, and the necessity, legal or other-

wise, to replace the facility, U.S. v. Certain Property in

Borough of Manhattan, supra. A governmental unit

has the responsibility to serve the public, and holds prop-

erty in trust for the public welfare. When public prop-

erty is lost through condemnation, the measure of com-

pensation is the cost of providing the community with

a necessary replacement. U.S. v. Certain Lands, 3 Cir.

1957, supra; U.S. v. Certain Property in Borough of

Manhattan, supra. Unlike the private condemnee situa-

tion, the governmental condemnee, when there is no neces-

sity to replace the facility, is entitled to little or no

compensation since there is no loss suffered. U.S. v. Cer-

tain Lands, supra.

The governmental condemnee does not hold property

for its own advantage, but solely for the public need.

U.S. v. Certain Lands, supra. The loss is peculiar to the

‘community and compensation is measured not in “value”

but by the loss to the community. U.S. v. Certain Prop-

erty in Borough of Manhattan, supra.

The defendant is not 2 governmental public condemnee,

but a private religious organization. The property is not

held and used exclusively for the public without any ad-

42

vantage to the defendant.’ The camp program is con-

ducted in the name of the Eastern Pennsylvania Lutheran

Camp Corporation, The defendant is under no public

obligation to replace the camp facilities. The fact de-

fendant considers it a practical necessity to rebuild the

camp is not unlike any other private condemnee who

must out of a practical necessity rebuild a home, busi-

ness place, or eleemosynary facility. The defendant can

be made whole by using a valuation standard of com-

pensation.

“|. . Confronted with the occasional inadequacy of

the ‘market value’ test and the general imprac-

ticability of any other, the courts have adopted a

pragmatic solution. In certain instances, notably

in the case of property held for eleemosynary or

other nonprofit purposes, such as schools, churches

and clubs (but not private dwellings), and public

utilities, where property with a high value for the

use to which it is being put would have a much

lower market value because of the paucity or ab-

sence of buyers for that use, the courts consider value

to the owner, sometimes finding it necessary to

apologize for what is wrongly conceived to be a

lapse from true doctrine by the rather obviously un-

true statement that the property has ‘no’ market

1 Although the religious distribution of the campers results from

a first come first serve application policy, the following distribution

of Lutheran and non-Lutheran campers from two camps, Miller

and Hagan, is relevant:

Lutheran Non-Lutheran

1965 59% 41%

1966 60% 49% [sic]

1967 62% 88%

1968 64% 84% [sic]

1969 61% 89%

1970 43% 57%

1971 41% 59%

1972 45% 55%

Affidavit of Rev. Roy E. Gulliford at 7.

43

value, 1 Orgel, supra, § 38; in such cases evidence

of reproduction cost less depreciation is admitted,

whether as showing value to the owner or as in-

dicating what might be paid by a buyer if one ex-

isted.” United States v. Certain Property Located

in the Borough of Manhattan, 2 Cir. 1962, 306 F.

2d 489, 447.

The defendant can at any time cease to use the land as

a camping facility, and can use it for any purpose it

deems proper. A governmental body does not have such

discretion without violating the public trust.

It is not a denial of equal protection to allow a sub-

stitution of facilities when a governmental condemnee

is involved but not in the case of a private condemnee.

When property is condemned, the condemnee must be

indemnified for the loss. The market value standard of

using comparable sales is most frequently employed to

determine just compensation. When comparable sales

are not available, such as in special character property

as we have here, other methods of valuation are utilized,

e.g., the capitalization of earnings or the reproduction

cost minus depreciation standard. No one method of

valuation is exclusive. U.S. v. Virginia Electric Co.,

1961, 365 U.S. 624, 633; U.S. v. Certain Property Located

in the Borough of Manhattan, 2 Cir. 1962, supra. The

Supreme Court has approved the substitution standard as

a proper method of valuation. Brown v. U.S., supra at

82-83.

A refusal to allow the defendant the cost of a sub-

stitute facility because its property is privately owned

does not involve an invidious distinction, but a distinc-

tion on which is both proper and necessary. The loss

by a governmental condemnee is a loss to the public

generally, and the obligation or duty of a replacement

is the responsibility of the public entity and ultimately

the public. The private condemnee lacks the responsibility

to replace the facility. The public through its govern-

mental body is the recipient of compensation for the loss,

while the private condemnee alone receives compensa-

tion for the loss. Finally, the private condemnee may

terminate the substitute facility for the use intended at

a a a

44

any time, but the public condemnee cannot because of its

public duty to continue the service.*

Upon presentation of proper evidence, defendant may

utilize other standards of valuation, other than the com-

parable sales approach, to prove just compensation.

Hickey v. United States, 3 Cir. 1958, 208 F. 2d 269, cert.

denied 1954, 347 U.S. 919; U.S. v. 84.4 Acres of Land,

W.D. Pa. 1963, 224 F. Supp. 1017, rev’d, 348 F. 2d 117;

U.S. v. Certain Property Located in the Borough of

Manhattan, 2 Cir. 1962, supra; U.S. v. Benning Housing

Corporation, 5 Cir. 1960, 276 F. 2d 248; Fairfield Gar-

dens, Inc. v. United States, 9 Cir. 1962, 306 F. 2d 167;

U.S. v. 206.82 Acres of Land, M.D. Pa. 1962, 205 F.

Supp. 91; 4 Nichols, The Law of Eminent Domain

§§ 12.313, 12.32.

In Newton Girl Scout Council v. Massachusetts Turn-

pike Authority, Mass. 1956, 188 N.E. 2d 769, 773-775,

involving the condemnation of a camping facility, the

court speaks of similar valuation problems present here:

2“Here the evidence is without dispute that the school district

must of necessity replace the buildings that the State destroyed by

the taking. The school district is obligated and must have the ad-

ditional classrooms in order to provide the facilities needed by the

school, and consequently there is no way to do it and at the same

time utilize the valuable improvements remaining on the 18.35

acres except by replacement.

“There is a fundamental distinction between obligation resting

on the agency condemning public property, and that of condemning

private property. This distinction lies in the obligation thereby

imposed on the condemnee. For example, a private party owes no

duty to the public to continue its operation either at its original

location or elsewhere. It can move, it can stay, or it can liquidate

as it alone sees fit. Not so with a school system charged with a legal

obligation to the public. A school system suffering the loss of one

of its schools by condemnation must replace that school when the

facility is necessary to the education of its children as shown by

the undisputed evidence in this case. This is the legally imposed

duty on the school district, and it has no other choice.” State v. Waco

Independent School District, Tex. 1963, 364 S.W. 2d 263, 268. See

also City of Wichita v.;Unified School District No. 259, Kan. 1968,

439 P. 2d 162, 168; Jefferson County v. Tennessee Valley Authority,

6 Cir. 1945, 146 F. 2d 564, 565, cert. denied, 1945, 324 U.S. 871;

Level, Evaluation of Special Purpose Properties In Condemnation

Proceedings, supra at 431-432 and 439; cf. Joslin Co. v. Providence,

1923, 262 U.S. 668, 675.

45

“The general rule is that the measure of damages

is the fair market value of the property actually

taken at the time of the taking. .. . In determining

fair market value, the effort is to determine “ ‘the

highest price which a hypothetical willing buyer

would pay to a hypothetical willing seller in an as-

sumed free and open market.”’ Epstein v. Boston

Housing Authority, 317 Mass. 297, 299-300, 58 N.E.

2d 135, 187. All the uses to which the property is

reasonably adapted may be considered. . .. Al-

though its ‘value for any special purpose is not the

test * * * it may be considered, with a view of as-

certaining what the property is worth in the market

for. any use for which it would bring the most.’

Conness v. Commonwealth, 184 Mass. 541, 542-543,

69 N.E. 341. See Smith v. Commonwealth, 210 Mass.

259, 261, 96 N.E. 666; Olson v. United States, 292

U.S. 246, 255, 54 S. Ct. 704, 78 L.Ed. 1236.

“Under the authorities already cited, the Girl

Scouts, in their attempt to show loss of market value,

were plainly entitled to present evidence bearing on

every use to which the property was adapted, in-

cluding (but not limited to) the specialized use for

which the property was being employed effectively

at the time of the taking. It was open to the Girl

Scouts (a) to prove the value of the property for

use by a charitable or religious organization or for

a school group, and the extent to which the taking

had injured or prevented that use; (b) to show the

extent of the market, if any, for properties adapted

for such use; (¢) to establish the general basis on

which such properties change hands when they do

change hands, the various elements of value which

are given weight by organizations naturally in-

terested in the acquisition of such properties, and the

methods by which such properties are usually ac-

quired; and (d) to present evidence of other similar

relevant factors.

‘Tt is not to be expected that the properties

adapted for such a specialized use will have a very

active market or that their market value can be

46

shown by sales of nearby comparable property. Once

developed, such properties are rarely abandoned or

sold. To assist the trier of the fact of value to reach

a just result when such a property is taken by

eminent domain, it frequently will be necessary to

allow much greater flexibility in the presentation of

evidence than would be necessary in the case of prop-

erties having more conventional uses. In such cases,

for example detailed knowledge by expert witnesses

of local prices of land for ordinary residential or

commercial use may be far less helpful than knowl-

edge of conditions (relevant to this particular type

of property) over a wide geographical area and of

the demand for and use of comparable specialized

properties by a particular industry or class of users

or customers. The property may be of a character

where, within fairly wide limits, geographical loca-

tion has less effect on its value than its adaptability

for a particular use. The properties may be of a

type, not frequently bought or sold, but usually ac-

quired by their owners and developed from the

ground up, so that the cost of land plus the reproduc-

tion cost (less depreciation where appropriate) of

improvements may be more relevant than in the

ordinary case.

“The practical problems inherent in the valuation

of such properties have been recognized in the Mass-

achusetts decisions, as well as in the authorities gen-

erally. Special opportunities for proof of value have

long been afforded in cases where it is felt that

there is no market, value, in’the sense in which, in

most communities, market value is at all times re-

flected by a steady volume of sales or ordinary com-

mercial and residential properties. The occasion for

this difference in type of proof (permitting the use

of valuation data other than those factors ordinarily

47

817 U.S. 369, 374, 63 S.Ct. 276, 87 L.Ed. 336. The

courts in these cases, however, may be doing no

more than recognizing that more complex and re-

sourceful methods of ascertaining value must be used

where the property is unusual or specialized in char-

acter and where ordinary methods will produce a

miscarriage of justice. In such cases, it is proper to

determine market value from the intrinsic value of

the property and from its value for the special

purposes for which it is adapted and used. See

Nichols, Eminent Domain (3d ed.) s. 12.32, es-

pecially at pages 134-136, and ss. 18.41[3], 18.42;

Jahr, Eminent Domain, ss. 71, 78, 82 (specialty

uses), 83, 84 (properties of non-profit organiza-

tions) ; Orgel, Valuation under Eminent Domain (2d

ed.) ss. 30, 37-40, especially at pages 177-179, 181-

183; Manify, Damages in Eminent Domain, 34

B.U.L.Rev. 146, 151-152; McCormick, Measure of

Compensation ‘in Eminent Domain, 17 Minn.L.Rev.

461, especially at pages 467-470.

“These unusual problems of proof of damages

most frequently arise in cases of service-type prop-

erties like churches, convents, hospitals, country

clubs, school and college premises and buildings of

religious and charitable societies and similar or-

ganizations. ...

“It is, of course, true that, where there is no

market value, in the sense of a steady current of

sales of similarly used properties in the vicinity, the

burden is on the owner to show that it is impossible

to prove the value of the property without using

some mode of ascertaining value which does not

depend on market value in this sense of the term.

. . . In the present case, however, the Girl Scouts

had amply shown that camps of this type were not

commonly bought and sold.”

bearing on market price) has been expressed in

terms of absence of market value, see comprehen-

sive discussion in Tigar v. Mystic River Bridge

Authority, 329 Mass. 514, 517, 109 N.E.2d 148, or

of market. See, for example, United States v. Miller,

See also Eminent Domain: The Problem of Dainages

Where Land Has Been Adapted to a Special Use, 1957,

37 B.U.L.Rev. 495.

48

Plaintiff’s principal request for pre-trial rulings is

whether the substitution standard is proper in this case.

Both parties are in disagreement on other points be-

cause of their difference on the propriety of the sub-

stitution standard. The standard of valuation to. be

applied will depend largely on the proof presented.* Until

then, the court will reserve ruling on the valuation

standard or standards to be applied.

An appropriate order will issue.

/s/ (Illegible]

Chief Judge

Middle District of Pennsylvania

Dated: January 15, 1974.

* “There is no one way of valuing special purpose properties; each

case will require special consideration. The rules respecting proof

intomalfontion’” Leck teeibeatien of Wied Pecans Pronciene

in on.” , Evaluation of Special Purpose P rties

in Condemnation Proceedings, supra at 439. re

49

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 70-240 Civil

Tract No. 1500

Tract No. 2122

Tract No. 2132

[Filed Jan, 15, 1974]

UNITED STATES OF AMERICA, PLAINTIFF

v.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

ORDER

In accordance with memorandum this date filed,

It is ORDERED that

1. The cost of substitute facilities is not a proper

measure vf compensation for the taking of defendant’s

property ;

2. All other rulings relative to the valuation standard

or standards to be applied are reserved.

/s/ (Illegible]

Chief Judge

Middle District of Pennsylvania

Dated: January 15, 1974.

50

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

[Filed Apr. 24, 1974]

UNITED STATES OF AMERICA, PLAINTIFF

Vv,

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

AFFIDAVIT OF JOHN J. LEVKULIC

COMMONWEALTH OF PENNSYLVANIA gs

COUNTY OF PHILADELPHIA )

John J. Levkulic, being duly sworn according to law,

deposes and says as follows:

1.

Professional Background—I graduated from Pennsyl-

vania State University in 1954 with the degree of

Bachelor of Science in Civil Engineering. From June,

1954 to December, 1955 I was employed as an engineer

at the U.S. Navy Shipyard in Philadelphia. From 1955

to 1957 I served in an engineering capacity with a

United States Navy SeaBees Construction Battalion in

Antigua, Puerto Rico and Cuba. In 1957 I took em-

ployment with Amporico Corporation in an engineering

capacity connected with major construction projects in

Puerto Rico and continued in that professional role until

1962. Since 1962 I have been with Robert F. Miller

Associates, an engineering and architectural firm with

offices in Pottsville and Tamaqua. I have been president

of the firm since 1969. Our firm has on its staff six

registered engineers, one registered architect and three

51 _

engineers with engineering degrees but who are not yet

registered. I am a registered engineer in Pennsylvania

and Puerto Rico and am a member of the Executive

Board of the Pennsylvania Society of Professional

Engineers.

In my professional capacity I have designed state parks,

state highways, state buildings and public school build-

ings and have supervised the letting of many construction

contracts. I have worked up and certified cost estimates

on all public projects on which I have worked as an engi-

neer and on most private projects as well. I have been

involved in many state projects supported by Federal

grants which grants were based on my cost estimates.

2.

Connection With Southeastern Pennsylvania Synod

Camps Project—I, and other members of our firm work-

ing under my supervision, have been in charge of the

engineering design and costing of camp facilities re-

quired by the Southeastern Pennsylvania Synod to take

the place of Camps Miller, Hagan and Ministerium in

the Tocks Island area of Monroe County. Our work has

progressed to the working drawing stage and our com-

pensation to date has been in excess of $128,000. Our

design calls for relocating the camps at a site acquired

by the Synod in Bear Creek for the length of at least

one mile. Our work has given particular attention to

providing substitute facilities for those existing at Camps

Miller, Hagan and Ministerium on the Delaware River

as of June 15, 1970. In that comnection I have given

attention to the costs involved in replacing such facilities

and particularly to the additional costs resulting:

(a) From Government and other construction require-

' ments applicable to new camps from which pre-existing

camps were exempt,

(b) From the need to provide access to the new site,

(c) From the need to provide roadway and waterline

interconnections within the site, and

(d) From the need to create a dam on Bear Creek to

provide water facilities for aquatic programs at the new

site.

fo I~

52

All cost figures given in this affidavit represent my

professional estimate as of December 1, 1972.

Sewage Facilities—The three old camps provided for

sewage disposal by the use of septic tanks. The Sewage

Facilities Act, as administered by the Department of

Environmental Resources, will not permit a new facility

of the size required to replace Camps Miller, Hagan and

Ministerium to use septic tanks. A complete sewage

treatment plant and connecting sewer lines is an absolute

requirement. The system and lines will cost $434,400 as

compared with a cost of $22,000 for three septic tank

systems with connecting lines. In addition, the sewer

treatment plant. will require maintenance expenses as

listed below, none of which is required by the septic tank

systems at the old camps:

Licensed operator at $150 per week

for 16 weeks per year $2,400.00

Electricity at $100 per month for

four months per year 400.00

Chemicals at $150 per season 150.00

Miscellaneous repairs and maintenance

expense at $500 per year 500.00

Total per year $3,450.00

It thus appears that in order to create lawful functioning

camp facilities an additional net capital cost of $412,400

is required for sewer facilities alone, plus an annual

operating cost of $3,450 for the indefinite future. A

tabulation of the items entering into the cost of the

sewage treatment plant and connecting lines is attached

as Exhibit A. ‘

Department of Environmental Resources Requirements

and Requirements of American Standard National Plumb-

ing Code, as Enforced by Luzerne County, as Affecting

Buildings—Attached hereto as Exhibit B is a tabulation

showing the list of buildings and outdoor facilities at

Camp Ministerium as they existed’on June 15, 1970. On

this exhibit the numbers prefixed by A represent struc-

tures and those prefixed by X represent outdoor facili-

ties, such as tennis courts, base ball and volley ball fields.

Also attached,.as Exhibit C, is a tabulation showing the

list of buildings and outdoor facilities on Camp Miller

at that date. The prefixes B and Y refer, respectively,

to structures and outdoor facilities. Attached as Exhibit

D is a tabulation showing the list of buildings and out-

door facilities at Camp Hagan on that date. The pre-

fixes C and Z refer, respectively, to structures and out-

door facilities. Each of these exhibits shows the esti-

mated cost of replacing such buildings and facilities as

they were on that date, except that in some instances

exact replacement of the item was no longer allowed by

the regulations referred to. The extra cost involved in

compliance is as follows: .

A-1l Dining and recreation hall $ 2,710.00

A-11 Staff house 2,100.00

B-1 Dining Hall 4,895.00

B-2 Recreation hat: 2,430.00

B-9a Wash house 3,640.00

B-9b Wash house 2,580.00

B-15 Wash house 1,060.00

B-16 Wash house 2,800.00

C-1 Dining hall 4,635.00

C-2 Recreation hall 1,215.00

$28,065.00

5

American Camping Association Requirements A ffect-

ing Buildings—Certain requirements enforced by this

Association through its accreditation procedure, particu-

larly with respect to cabin floor space and plumbing fix-

tures, will add substantially to the cost of substituted

facilities. The items of added cost of these requirements,

. again referring to the items tabulated on Exhibits B, C

and D, are as follows:

WEF SS ee oe ee ee .

54

A-7a Campers cabins

A-7b Campers cabins

A-Te Campers cabins

A-7d Campers cabins $ 50,500.00

A-11 Staff house 2,720.00

A-13 Staff house 2,720.00

B-6a Campers cabin

B-6b Campers cabin 22,700.00

B-7c Campers cabin 14,700.00

C-5d Campers cabin 62,920.00

$156,260.00

6.

Substitution of Water Facilities—The old camps had

frontage on the West side of the Delaware River totaling

5,115 feet, and from this access they had the use of the

river for as much as 20 miles in each direction. Con-

struction of a dam on Bear Creek on the new site will

provide a small lake, a much inferior substitute, but it

is all that can be reasonably managed. The proposed

dam will provide 3,000 feet of frontage, inasmuch as the

new camps will be located on both sides of the lake

formed by it. This body of water will provide a 1400

straight linear foot pool for canoes, boats and other

aquatic activities. The cost of the dam will be as follows:

Construction $940,600.00

Erosion control to meet

Department of Environmental

Resources requirements 25,000.00

Soils engineering to satisfy

similar requirements 35,000.00

$1,000,600.00

A tabulation of the items involved in the cost of the

construction of the dam, as above set forth, is attached

as Exhibit E. :

: if

Waterfront Facilities—To replace the waterfront fa-

cilities as they existed at the old camps on June 15, 1970

would involve the following costs:

Miller $44,500

Hagan 17,900

Ministerium 4,800

$67,200

A substitute facility at the new site could be provided

at the lower cost of $47,100. A tabulation of this item

is attached as Exhibit F.

8.

Roadways—The three old camps all had frontage on

public highways which made it unnecessary to have ac-

cess roads and which also served as a means of moving

readily from camp to camp. In fact these highways

passed ‘directly through each camp and provided for ease

of movement within each. The following highway dis-

tances existed within each camp:

Miller — 1600 ft. on L.R. 45012

Ministerium — 2800 ft. on L.R. 45012

Hagan — 1600 ft. on T—515

6000 feet

At the Bear Creek site the location is 1.7 miles from

Pennsylvania Route 115, the nearest public highway. The

cost of an access road from Route 115 to the boundary

of the site of the proposed camps, constructed to comply

with sedimentation and erosion control requirements of

the Department of Environmental Resources, is $253,988.

Roads will be required within the camp site to get

from one camp to another, in excess of the interior road-

ways of the three old camps. At the old camp, by reason

of public highways passing through them, approximately

1800 feet of paved roadway was adequate. Within the

new site approximately 13,200 of paved roadway will be

-required. The cost of the new interior roadways will be

$578,677, whereas the direct replacement cost of 1800

feet of paved roadway at the old site would be only

$40,000.

9.

Bridge—In view of the reduced availability of water

at the new site it is necessary to use both sides of the

Le ae SS -

56

lake created by the proposed dam. To do so requires

construction of a bridge meeting the requirements of the

Department of Environmental Resources. Such a bridge

will cost $76,000. Final plans for the bridge have been

approved by the Department of Environmental Resources.

A tabulation is attached as Exhibit G showing in detail

the cost of both the bridge and the required roadway.

Not included in the tabulation is a further item of $10,-

000 of cost which will be incurred in order to insure

compliance with sedimentation and erosion control re-

quirements.

10.

Power Lines—The three old camps had access directly

on their internal boundary to public power lines. At the

new site the lines will have to be brought a distance of

1.7 miles from the power lines on Route 115 at a cost of

$47,000.

) a

Water System—To create a functional substitute for

the water systems at the old camps would cost $478,905

whereas a direct replacement cost of the old systems

would be $302,000. The differential is accounted for by

two factors, one being the longer lines required in the

new camps and the other being the matter of pipe size.

As a matter of engineering practice it would be intoler-

able to replace exactly the old sizes. A tabulation of the

detail of the water system substitute is attached as

Exhibit H.

/s/ John J. Levkulic

JOHN J. LEVKULIC

SWORN TO and SUBSCRIBED before me this 9th

day of August, 1973.

/s/ Shirley Fox

SHIRLEY Fox

Notary Public

Philadelphia, Philadelphia County

My Commission Expires: —

February 13, 1975

57

EXHIBIT A

LUTHERAN CAMP

BEAR CREEK

SEWAGE SYSTEM

UNIT

QUANTITY DESCRIPTION PRICE TOTAL

22,200 L.F. 8” Vitrified Clay Pipe 8.00 $177,600.00

9,300 L.F. 6” Vitrified Clay Pipe 7.50 69,750.00

72 Ea. Manholes (Various Depths) 700.00 50,400.00

14 Ea. Cleanouts 120.00 1,680.00

es Sewage Treatment Plant

Building & Equipment 125,000.00

1 Sedimentation and

- Erosion Control 10,000.00

TOTAL $434,430.00

58

ExuHisiT B

Proposed tabulations of bid items for Outdoor and Building

Facilities Type A and X originally located at Camp Ministerium.

Facility Unit Total

No. Qty. Description Cost Cost

Al 1 Dining & Recreation Hall $147,188.00 $147,188.00

A2 — (See Bldg. Facility B-18) — —

A3 1 Caretakers Residence at

Maintenance 68,865.00 68,865.00

A4 1 Storage Shed at Main-

tenance (Combined

with Ab & Al5) 14,389.00 14,389.00

A5 — (See Bldg. Facility A4) —_— —_

A6 1 Camp Directors Residence

at Hagan 68,556.00 68,556.00

A7 16 Campers Cabins 16,160.00 258,560.00

A8 1 Shower House 42,729.00 42,729.00

A9 — Well and Pump House Contract 2 —

A10 2 Garage at Maintenance 21,472.00 42,944.00

All 1 Staff Cabin 44,046.00 44,046.00

Al2 2 Classroom Building 39,887.00 79,774.00

A138 1 Staff Cabin 44,046.00 44,046.00

Al4 1 Classroom Building 39,782.00 39,782.00

Al5 — (See Building Facility

A4) — ==

Al6 Tent Platforms 1,419.00 9,933.00

X1 Baseball with Backstops

and Home Plate 6,000.00 6,000.00

X2 1 Basketball 2,800.00 2,800.00

x3 1 Badminton 530.00 530.00

x4 1 Badminton 530.00 530.00

X65 1 Badminton at HAGAN 530.00 530.00

X6 1 Badminton at HAGAN 530.00 530.00

X7 — Beach Front (Contrac

1 & 2) P — —

x8 1 Flagpole 1,130.00 1,130.00

Total Cost Building and Outdoor Facilities, Types A and X

for Camp Ministerium.

SUBTOTAL

$872,862.00

59

Exuiir C

Proposed tabulations of bid items for Outdoor and Building Facili-

ties Type B and Y originally located at Camp Miller.

Facility Unit Total

No. Qty. Description Cost Cost

Bl 1 Dining Hall $181,398.00 $181,398.00

B2 1 Recreation Hall 95,337.00 95,337.00

B3

C4 1 Infirmary 69,418.00 69,418.00

B4 1 Camp Director Residence 68,556.00 68,556.00

Maintenance reer

b 1 14,389.00

B6 8 Campers Cabins 15,050.00 120,400.00

B7 14 Campers Cabins 18,494.00 258,916.00

B8 1 Shower House 44,337.00 44,337.00

B9 2 Wash House 14,900.00 29,800.00

B10 1 Office at Ministerium 24,968.00 24,968.00

Bil 1 Visitors Latrine at

Administration 12,595.00 12,595.00

B12 Canteen with Main Office

C10 1 at Administration 41,998.00 41,998.00

B13 1 Arts and Crafts 40,279.00 40,279.00

B14 1 Staff Cabin 25,588.00 25,588.00

B15 1 Wash House 15,606.00 15,606.00

B16 1 Staff Cabin 25,588.00 25,588.00

B17 8 Barn at Maintenance 21,521.00 64,563.00

B18 1 Storage Shed’at Main-

tenance (Combined with

A2 and C13) 14,389.00 14,389.00

B19 3 Tent Platforms 1,419.00 4,257.00

B20 7 Tent Platforms 1,419.00 9,933.00

Yl 1 Tennis at Ministerium 3,500.00 3,500.00

Yy2 1 Volleyball at Ministerium 800.00 800.00

WY ae

aS

her ae!

60

Exhibit C—Continued

Facility Unit Total

No. Qty. Description Cost Cost

Y3 1 Basketball 2,800.00 2,800.00

Y4 1 Badminton 530.00 530.00

Y5 4 Archery Range 650.00 2,600.00

Y6 1 Basketball 2,800.00 2,800.00

Y7 1 Outdoor Chapel 6,100.06 6,100.00

Y8 1 Baseball with Backstop and

Home Plate 6,000.00 6,000.00

Y9 1 Volleyball 800.00 800.00

Y10 1 Tennis) 3,100.00

Yili 1 Tennis) 3,100.00 6,200.00

Y12 1 Badminton 530.00 530.00

Y13 2 Shuffleboard 1,250.00 2,500.00

y14 1 Basketball 2,800.00 2,800.00

Y15 1 Badminton 530.00 530.00

Y16 1 Baseball (No Backstop)

with Home Plate 5,500.00 5,500.00

Y17 1 Volleyball 800.00 800.00

Y18 1 Amphitheater 8,500.00 8,500.00

Y19 — Beachfront (Contracts

#1 and #2) — _—

Y20 1 Flagpole 1,130.00 1,130.00

Total Cost Building and Outdoor Facilities, Type B and Y

for Camp Miller

TOTAL $1,231,416.00

61

EXHIBIT D

Proposed tabulations of bid items for Outdoor and Building Facili-

ties Type C and Z originally located at Camp Hagan.

Facility Unit Total

No. Qty. Description Cost Cost

C1 1 Dining Hall $163,773.00 $163,773.00

C2 1 Recreation Hall 84,322.00 84,322.00

C3 1 Arts and Crafts 40,279.00 40,279.00

C4 — (See Building Facility

B3/C4) ae oom

C5 18 Camper Cabins 24,722.00 444,996.00

C6 2 Wash Houses 14,905.00 29,810.00

C7 1 Staff Cabin 25,588.00 25,588.00

C8 1 Staff Cabin 25,588.00 25,588.00

C9 1 Staff Cabin 25,588.00 25,588.00

C10 — (See Building Facility — —

Cll 1 Administrative Directors

Residence 66,842.00 66,842.00

C12 6 Tent Platforms 1,419.00 1,419.00

C13 — (See Building Facilities

B18) _ withe

STP 1 Control Building, Sewage

Treatment Plant Contract 2

Z1 1 Outdoor Chapel 6,100.00 6,100.00

Z2 8 Archery Range 650.00 1,950.00

Z3 1 Baskethall 2,800.00 2,800.00

ZA 1 Shuffleboard 1,250.00 1,250.00

' ZB 1 Tennis “ourt) 3,100.00

Z6 1 Tennis Court) 3,100.00 6,200.00

Z7 1 Basketball 2,800.00 2,800.00

Z8 1 Volleybail 800.00 800.00

Z9 1 Volleyba’l 800.00 800.00

Z10 1 Baseball with Backstop

and Homeplate 6,000.00 6,000.00

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68

ExHisir H

LUTHERAN CAMP

BEAR CAMP

WATER SYSTEM

QUANTITY DESCRIPTION

UNIT

1,000 L.F.

3,550 L.F.

11,400 L.F.

5,800 L.F.

300 L.F.

1,200 L.F.

8,000 L.F.

5 Ea.

9 Ea.

9 Ea.

24 Ea.

3 Ea.

3 Ea.

1 Ea.

2 Ea.

teil

6” Cast Iron Pipe

6” Cast Iron Pipe

4” Cast Iron Pipe

4” Cast Iron Pipe

3” Cast Iron Pipe

2” Cast Iron Pipe

1” Copper Pipe

Drinking Fountains

6” to 8” Gate Valve &

Valve Box

3” to 4” Gate Valve &

Valve Box

1” to 2” Gate Valve &

Valve Box

Pumphouse

Well & Pumphouse

Equipment

30,000 Gal. Storage Tank

Complete

50,000 Gal. Storage Tank

Complete

TOTAL

PRICE TOTAL

$ 10.00 $ 10,000.00

10.00 35,500.00

6.70 76,380.00

6.70 38,860.00

5.30 1,590.00

4.00 4,800.00

4.00 32,000.00

640.00 3,200.00

300.00 2,700.00

140.00 1,260.00

60.00 1,440.00

4,725.00 14,175.00

14,000.00 42,000.00

65,000.00 65,000.00

75,000.00 150,000.00

$478,905.00

69

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

[Filed Apr. 24, 1974]

UNITED STATES OF AMERICA, PLAINTIFF

es

564.54 ACRES OF LAND, MORE OR LESS SITUATE IN MON-

ROE AND PIKE COUNTIES, COMMONWEALTH OF PENN-

SYLVANIA, AND BENEDICT F. PASTORINI, ET AL.,

DEFENDANTS

- AFFIDAVIT OF REV. ROY E. GULLIFORD

COMMONWEALTH OF PENNSYLVANIA )

)

COUNTY OF PHILADELPHIA )

The Reverend Roy E. Gulliford, being duly sworn ac-

cording to law, deposes and says as follows:

1,

Identity of Affiant—Since March 1, 1970, I have been

Executive Director of Camps Miller, Hagan and Minister-

ium which until June 15, 1970, were owned by the South-

eastern Pennsylvania Synod of the Lutheran Church in

America, and operated on its behalf. In my capacity as

Executive Director, I have had complete responsibility

for, and oversight of, the operation of these camps, in-

- cluding their programs and policies, as well as all bud-

getary, accounting and financial matters.

Site Location—These three camps were, and Camps

Hagan and Ministerium still are, located directly upon

the Delaware River in Monroe County, Pennsylvania at

70

Shawnee on the Delaware. For many decades the aquatic

activities have been the core of their program. The river

front was well equipped with landings and beaches for

swimming and canoeing. Our equipment inventory in-

cludes 25 canoes which are constantly and extensively

used for trips for which the location is unusually suit-

able, the Delaware being safely and easily navigable by

canoe for at least 20 miles in each direction. It includes

in addition 12 playaks and six rowboats actively used in

the aquatic programs. The interior of the camps fronts

on a paved public highway which makes the sites readily

accessible with a minimum of driveway and public utility

line construction inside the camp limits.

3.

Condemnation and Lease Back—These three camps

were condemned by the United States on June 15, 1970.

The structures on Camp Miller were extensively van-

dalized and promptly razed, rendering it of no further

use as a camp after the 1970 season. .Following the con-

demnation Camps Hagan and Ministerium were leased

back to us by the United States of America at a rental

of $15,600 per year, and the camp program has con-

tinued at Camps Hagan and Ministerium without inter-

ruption to the present date.

4

Church Affiliation and Financial Support—Prior to

condemnation the camps were titled in the name of the

Southeastern Pennsylvania Synod of the Lutheran Church

in America. The camp program, however, is conducted

in the name of the Eastern Pennsylvania Lutheran Camp

Corporation, a Pennsylvania nonprofit corporation, the

board of directors of which is appointed by the presi-

dent of the Southeastern Pennsylvania Synod of the

Lutheran Church in America and the Northeastern Penn-

sylvania Synod of the Lutheran Church in America on

a joint basis. This corporation is the agency of both

synods for the purpose of conducting the camping pro-

gram and is financially supported by both. Direct synod

financial support by appropriations for operating ex-

penses in recent years has been:

71

1965 $13,746

1966 15,030

1967 16,026

1968 14,627

1970 14,450

1971 23,003

1972 28,228

1973 28,228

5.

Camp Eligibility—For more than 40 years both Camps

Miller and Hagan have served boys and girls from age

8 to age 16. There has never been any restriction on

the basis of race, creed or color, nor is there any policy

of giving priority in registration to any religious de-

nomination. Registrations are accepted strictly on a first

come first served basis. Camp Ministerium has for more

than ten years been operated as a small group camp

for boys and girls from age 9 to 17 with no restrictions

as to race, creed or color, and no policy of giving priority

to the members of any religious denomination. All ap-

plicants are accepted on a first come first served basis

and, in fact, diversity is essential to meaningful small

group camping.

6.

Special Need Campers—Determined effort has always

been made to serve children with special needs, whether

mental, psychological or financial. Among these children

are the mentally retarded at White Haven State School,

White Haven, Pennsylvania, the psychologically disturbed

children at Silver Springs School, Plymouth Meeting,

Pennsylvania, the poor boys sent to camp by the Tri-

Square Masonic group, and the poor children who come

to camp under our own Campership Program.

In the case of White Haven, we have had in the 1973

season seven severely retarded children for whom the

.School pays our regular rates, notwithstanding their

care must be very individual and therefore very expen-

sive to us.

In the case of Silver Springs, we have had 20 dis-

turbed children in the 1973 season. Again the School

pays standard rates notwithstanding the special care

required.

72

In the case of the Tri-Square Masonic program we

have had the following utilization paid for at standard

rates by that organization:

1969 43 boys

1970 38 boys

1971 65 boys

1972 55 boys

, 1973 42 boys

In our own Campership Program, we have had the

following numbers in recent years, which represent about

10% of our total enrollment volume:

1970 92 underprivileged campers for 149 weeks

1971 106 underprivileged campers for 161 weeks

1972 115 underprivileged campers for 208 weeks

1973 161 underprivileged campers for 239 weeks

These children are largely sent to us by child care agen-

cies in eastern Pennsylvania, principally in Wilkes

Barre, Scranton, Allentown, Bethlehem, Easton and

Philadelphia. The cost of these children is met by a

special fund raising effort which I conduct among in-

dividuals, service clubs, Lutheran congregations and

wherever I can interest people in helping children in this

way. Additional funds are raised by the special efforts

of the president of the Southeastern Pennsylvania Synod

of the Lutheran Church in America.

a

Racial and Religious Distribution—We do not keep

records showing separately white and non-white enroll-

ments. My observation, however, is that during my ten-

ure from 10 to 15% of our campers are non-white, and

that about 5% of our counsellor staff is non-white. Re-

ligious distribution figures have been maintained for

Camps Miller and Hagan since 1965 and they show the

following:

Lutheran Non-Lutheran

1965 59% 41%

1966 60% 49%

1967 62% 38%

1968 64% 34%

1969 61% 39%

1970 . 48% 57%

1971 41% 59%

1972 45% 55%

73

As stated above, no racial or religious group is favored

in the matter of admissions. The foregoing distribution

results from the application of a first come first serve

policy except that the special need groups to which I

have referred are assured priority.

8.

Fees Paid by Campers—The schedule of weekly fees

prevailing over the last ten years is as follows:

Lutheran Non-Lutheran

1963 $30 $32

1964 30 32

1965 32 34

1966 32 34

1967 36 38

1968 36 38

1969 45 47

1970 45 47

1971 45 55

1972 49 59

1973 49 59

It should be noted that when we receive contributions

from their sponsors, all Campership children are ad-

mitted at the lower rate regardless of church affiliation.

The foregoing fees fall far short of meeting the expenses

of operation. The following figures are illustrative and

in connection with them it is to be noted that the ex-

pense figures shown do not include anything for deprecia-

tion or general administrative overhead:

1969—Fees and contributions

in lieu of fees received $191,782.87

Operating expense 205,738.93

1970—Fees and contributions

in lieu of fees received 151,942.84

Operating expense 175,521.21

1971—Fees and contributions

in lieu of fees received 121,031.00

Operating expense 179,582.00

1972—Fees and contributions

in lieu of fees received 122,611.00

Operating expense 177,545.00

74

9.

Comparison with Camp William Penn—This camp is

owned by the City of Philadelphia and is located in Mon-

roe and Pike Counties, Pennsylvania, about nine miles

north of Marshalls Creek. It is managed under the

direction of Henry Windish, Administrative Assistant to

the Recreation Commissioner of the City of Philadelphia.

It is comparable to the combined Camps Hagan and

Ministerium as presently operated. Some points of com-

parison applicable in the current year are as follows:

Length of season:

William Penn 81% weeks

Hagan and Ministerium 9 weeks

Average campers per week :

William Penn 320

Hagan and Ministerium 335

Operating budget per season:

William Penn $129,000

Hagan and Ministerium 177,500

In connection with the foregoing cost and budget figures,

it should be noted that Camp William Penn has some

operating expenses taken care of outside of its budget.

For example, all its laundry is done in Philadelphia pris-

ons at no cost. All of its motor vehicles are supplied and

maintained by the City at no cost. Mr. Windish’s salary

is paid by the Philadelphia Department of Recreation

as is his office overhead. There are some differences also

in its program. William Penn has no canoes and no

aquatic activities other than swimming on the lake on

which it is located. Its counsellors also are on a different

qualification and compensation scale. At Hagan and

Ministerium all counsellors (except for five high school

seniors) are high school graduates at least and are paid

a minimum of $375 per season, whereas at William Penn,

41 of 90 counsellors have not finished high school and

those who have not finished high school are paid $200

per season.

75

10,

Government Assistance—Our camps are eligible for

participation in the U.S. Department of Agriculture Spe-

cial Milk Program which reimburses us at the rate of

two cents per half pint of milk served persons at our

camp under 21 years of age. This subsicy amounts to

approximately $1,200 per year. A copy of an illustrative

voucher form is attached as Exhibit A.

We are also eligible for U.S. Department of Agricul-

ture surplus food and through this program receive such

provisions as peanut butter, rice, flour, oatmeal and the

like. What we receive depends upon the quantities of

the various surplus items available. They vary widely.

The monetary value of commodities received in recent

years is:

1971 $2,249.00

1972 1,935.00

1973 2,189.60

Eligibility for this program requires full compliance with

Title VI of the Civil Rights Act of 1964 which, accord-

ing to the agreement entered into between our camps

and the Commonwealth of Pennsylvania as administrator

for the U.S. Department of Agriculture, requires that

“No person in the United States shall, on the ground

of race, color or national origin, be excluded from par-

ticipation in, be denied the benefits of, or be subject to

discrimination under any program or activity of re-

cipient agency to which assistance is provided by the

United States Department of Agriculture. Admission

policies are understood and agreed by recipient agency

to be a part of such programs and activities.” Our camps

have never violated these conditions nor have they ever

been challenged with having done so. A copy of the

agreement and related materials is attached as Exhibit

B.

The real estate on which the camps operated has al-

ways been exempt from township, county and school dis-

trict real estate taxes because the camps are “institu-

tions of purely public charity.”

76

11,

Public Demand—There is a growing cail for the serv-

ices which our camps render. For most of our regular

sessions there are waiting lists which cannot be taken

care of. Demand from specialized groups is also mount-

ing. The White Haven State School desires that we

operate a day camp for 30 to 40 retarded children. The

Luzerne County Child Development Council requests us

to accept 75 to 100 emotionally and physically handi-

capped children in a day camp program.

/s/ Roy E. Gulliford

Roy E. GULLIFORD

SWORN TO and SUBSCRIBED before me this 9th

day of August, 1973.

/s/ Shirley Fox

SHIRLEY Fox

Notary Public

Philadelphia, Philadelphia County

My Commission Expires:

February 13, 1975

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83

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

Tract 1500—Synod

[Filed Nov. 5, 1975]

UNITED STATES OF AMERICA, PLAINTIFF

v8.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN

MONROE AND PIKE COUNTIES, ET AL., DEFENDANTS

JUDGMENT ON VERDICT

AND NOW, to wit, this 5th day of November, 1975,

pursuant to the verdict of the jury returned on the 3rd

day of October, 1975, and the jury having answered

“no” to the Special Interrogatories filed on September

30, 1975, asking if the doctrine of substitute facilities

applies, and it appearing to the Court:

1. The public use, more particularly described in the

Complaint filed in the above-mentioned action, for which

Tract No. 1500 was taken and condemned by the United

States of America is one authorized by law and the said

tract of land and the taking thereof is necessary for said

public use.

2. This case is within the jurisdiction of the United

States District Court for the Middle District of Pennsyl-

vania, which has the power and authority to enter judg-

ment.

IT IS HEREBY ORDERED, ADJUDGED, and DE-

CREED that judgment be entered in favor of:

SOUTHEASTERN PENNSYLVANIA SYNOD

OF LUTHERAN CAMPS OF AMERICA

and against the United States of America in the sum

of $250,000.00. The sum of $186,000.00 having been de-

84

posited into the Registry of the Court upon the filing

herein of the Declaration of Taking there remains to be

deposited into the Registry of the Court the sum of

$64,000.00, together with interest thereon at the rate

of six (6%) percent per annum from June 15, 1970,

until date of deposit.

All liens, claims, encumbrances, interests and demands

of every nature whatsoever existing at the time of tak-

ing are hereby transferred from the land to the fund

and any and all awards of just compensation that may

be made in this proceeding shall be payable and de-

ductible from the said fund.

It is further ORDERED AND DECREED that the

said sums, or any part thereof, shall be disbursed to the

defendants upon the entry of this judgment, the deposit

in the Registry of this Court of any deficiency, and the

presentation of a praecipe either from the persons to

whom payment is made, or their counsel, authorizing the

Clerk to satisfy this judgment in full.

Jurisdiction is reserved to make and enter such fur-

ther orders and decrees as may be necessary and proper.

/s/ Michael H. Sheridan

United States District Judge

Certified from the record

Date Nov. 5, 1975

Donald R. Berry

Clerk

For /s/ Richard M. Popovitch

Deputy Clerk

85

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

Tract 2122—Synod

[Filed Nov. 5, 1975]

UNITED STATES OF AMERICA, PLAINTIFF

v8.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN

MONROE AND PIKE COUNTIES, ET AL., DEFENDANTS

JUDGMENT ON VERDICT

AND NOW, to wit, this 5th day of November, 1975,

‘pursuant to the verdict of the jury returned on the 3rd

day of October, 1975, and the jury having answered “no”

to the Special Interrogatories filed on September 30,

1975, asking if the doctrine of substitute facilities ap-

plies, and it appearing to the Court:

1. The public use, more particularly described in the

Complaint filed in the above-mentioned action, for which

Tract No. 2122 was taken and condemned by the United

States of America is one authorized by law and the said

tract of land and the taking thereof is necessary for

said public use.

2. This case is within the jurisdiction of the United

States District Court for the Middle District of Pennsyl-

vania, which has the power and authority to enter judg-

ment.

IT IS HEREBY ORDERED, ADJUDGED, and DE-

CREED that judgment be entered in favor of:

SOUTHEASTERN PENNSYLVANIA SYNOD

OF LUTHERAN CAMPS OF AMERICA

and against the United States of America in the sum

of $300,000.00. The sum of $210,000.00 having been de-

posited into the Registry of the Court upon the filing

herein of the Declaration of Taking there remains to be

deposited into the Kegistry of the Court the sum of

$90,000.00, together with interest thereon at the rate of

six (6%) percent per annum from June 15, 1970, until

date of deposit.

All liens, claims, encumbrances, interests and demands

of every nature whatsoever existing at the time of taking

are hereby transferred from the land to the fund and

any and all awards of just compensation that may be

made in this proceeding shall be payable and deductible

from the said fund.

It is further ORDERED AND DECREED that the

said sums, or any part thereof, shall be disbursed to the

defendants upon the entry of this judgment, the deposit

in the Registry of this Court of any deficiency, and the

presentation of a praecipe either from the persons to

whom payment is made, or their counsel, authorizing the

Clerk to satisfy this judgment in full.

Jurisdiction is reserved to make and enter such fur-

ther orders and decrees as may be necessary and proper.

/s/ Michael H. Sheridan

United States District Judge

Certified from the record

Date Nov. 5, 1975

Donald R. Berry

Clerk

For /s/ Richard M. Popovitch

Deputy Clerk

87

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 70-240

Tract 2182—Synod

[Filed Nov. 5, 1975]

UNITED STATES OF AMERICA, PLAINTIFF

v8.

564.54 ACRES OF LAND, MORE OR LESS, SITUATE IN

MONROE AND PIKE COUNTIES, ET AL., DEFENDANTS

JUDGMENT ON VERDICT

AND NOW, to wit, this 5th day of November, 1975,

pursuant to the verdict of the jury returned on the 3rd

day of October, 1975, and the jury having answered

“no” to the Special Interrogatories filed on September

80, 1975, asking if the doctrine of substitute facilities

applies, and it appearing to the Court:

1. The public use, more particularly described in the

Complaint filed in the above-mentioned action, for which

Tract No. 2132 was taken and condemned by the United.

States of America is one authorized by law and the said

tract of land and the taking thereof is necessary for said

public use.

2. This case is within the jurisdiction of the United

States District Court for the Middle District of Penn-

sylvania, which has the power and authority to enter

judgment.

IT IS HEREBY ORDERED, ADJUDGED, and DE-

CREED that judgment be entered in favor of:

SOUTHEASTERN PENNSYLVANIA SYNOD

OF LUTHERAN CAMPS OF AMERICA

and against the United States of America in the sum

of $190,000.00. The sum of $144,000.00 having been

ae. «4.

deposited into the Registry of the Court upon the filing

herein of the Declaration of Taking there remains to be

deposited into the Registry of the Court of the sum of

$46,000.00, together with interest thereon at the rate

of six (6%) percent per annum from June 15, 1970,

until date of deposit. |

All liens, claims, encumbrances, interests and demands

of every nature whatsoever existing at the time of tak-

ing are hereby transferred from the land to the fund

and any and all awards of just compensation that may

be made in this proceeding shall be payable and de-

ductible from the said fund.

It is further ORDERED AND DECREED that the

said sums, or any part thereof, shall be disbursed to the

defendants upon the entry of this judgment, the deposit

in the Registry of this Court of any deficiency, and the

presentation of a praecipe either from the persons to

whom payment is made, or their counsel, authorizing the

Clerk to satisfy this judgment in full.

Jurisdiction is reserved to make and enter such fur-

ther orders and decrees as may be necessary and proper.

/s/ Michael H. Sheridan

United States District Court

Certified from the record

Date Nov. 5, 1975

Donald R. Berry

Clerk

For /s/ Richard M. Popovitch

Deputy Clerk

89

PORTIONS OF TRIAL TRANSCRIPT

[23] two other matters at this time in Court. It won’t

take very long. So if you don’t mind returning to the

juryroom, we will send for you when we are finished.

(Whereupon, a recess was taken.)

(Whereupon, five Bear Creek Deeds were produced

and marked for identification as Synod’s Exhibit

Nos. 7, 7-A, 7-B, 7-C, 7-D, and 7-E, respectively.)

(Whereupon, a copy of minutes taken in 1962 was

produced and marked for identification as Synod’s

Exhibit No. 8.)

WILLIAM A. JANSON, JR., called as a witness, be-

ing duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. DITTMANN:

Dr. Janson, where do you reside?

A North Wales, Pennsylvania, right outside of Phila-

delphia.

Q And what is your profession?

A Iam aclergyman.

Q And how long have you been a clergyman?

A Thirty years.

Where, would you give us a little of your educa-

tional background, past service?

A Yes, sir.

[24] I am a native of York, Pennsylvania, and went

through the public school system there and went to

- Susquehanna University in Selingsgrove, Pennsylvania;

and to seminary in Gettysburg, Pennsylvania.

And then, I served rural parishes in Virginia for a

while and I was an assistant pastor for a while in New

York City.

Then, I did some graduate work sandwiched in there

and got a degree from Columbia University in Educa-

tion, taught for a time in Ohio and then served two

90

parishes in Ohio and in 1961, I came to Philadelphia

as an Editor for our Board of Parish Education; spent

five years doing that and then took a parish in Lansdale,

Pennsylvania, and from there, I became the president

of the Synod.

7 Would you tell us what the function of the Synod

is

A Yes.

In our tradition, we try to group congregations to-

gether in @ geographical area. We call that grouping of

congregations a synod.

Now, Southeastern Pennsylvania, there are 182 Lu-

thern congregations in the five-county area; Bucks

County and Chester, Delaware, Montgomery and Phila-

delphia County. And that is the Southeastern Pennsy]-

vania Synod, and my function in that is to seek to pro-

vide an opportunity for [25] these congregations to make

impact in providing programs and institutions, oppor-

tunities for us to act collectively, where an individual

congregation would have difficulty in acting.

Q How long have you held the office of president?

ry 3 pee been a since 1968.

ould you briefly describe the N

in terms of its area? x ee

A Yes, I believe the Northeastern Pennsylvania Synod

encompasses twelve counties; mainly from Allentown

Easton, Bethlehem, Reading, on the south, to the extreme

north, Pennsylvania border and as far east as the Dela-

ware and I am not sure where the western boundary

of that Synod is, but it encompasses about twelve

counties.

Q What is the function of the

Camp Corporation Lutheran Church

ell, about fifty-some years ago, some

oe in the Lutheran shart Salt that Pag Boy

previde a unique opportunity for youn ‘

decided that this would pom’ cheat a Mesiged do x4

variety of things.

First of all, I think that it would help them, a young

person grow in his love of God and Country as he would

spend some time in the out-of-doors. He would have a

91

good opportunity of learning about nature and would

have a good opportunity to appreciate the land in which

he lives, like going to bed when the crickets are chirpping

and studying the [26] trees and the flowers and that

kind of thing. So the Camp Corporation, in our tradi-

tion, has been one that has carried a very important

part of the program for growing boys and girls.

I think that the Camp Corporation also is very im-

portant because we have an opportunity for our young

people to mix, from various sections of these two Synods.

Boys and girls from the city relate to boys and girls

from the country. Small-town children relate to others

whom they meet and sometimes they form very lasting

friendships. And they learn something about the way

they relate to other boys and girls.

The Camp Corporation also is quite concerned about

the fact that children from the ghetto area and boys

and girls from the rural areas have a chance to mix

and become known.

We also like to feel that we are working with children

who have learning disabilities and some who have dif-

ficulty in their homelife. So this is a kind of mix that

the Camp Corporation attempts to administer so in that

sense, it plans its programs and conducts its activities;

so, it is really then a system of providing an educational,

religious, charitable experience for boys and girls of

Northeastern Pennsylvania.

What are the names of the camps that were owned

by [27] the Synod prior to the date of taking?

A Camp Miller, Camp Hagan and Camp Minister-

ium.

Q And where were those camps located?

A Along the Delaware, Shawnee on the Delaware

area.

Has the Northeastern Synod participated in the

funding of the camp program.

A Yes, sir, both synods have.

I think the jury might appreciate the fact that prior

to 1968, the Northeastern Pennsylvania Synod and the

Southeastern Pennsylvania Synod were one, called the

Eastern Pennsylvania Synod, and so prior to 1968, ob-

—————

92

viously, the Eastern Pennsylvania Synod supported the

camping program.

When we divided ourselves into two synods, then this

became a function of both synods. So since 1968, both

synods have supported the camping program. We do this

collectively because it is economically feasible. It makes

sense to do it together.

Q What have been the financial results of the opera-

tion of the camping program, by the church?

A Well, yes, we have always had to subsidize it. It

has never been a profit-making enterprise since I be-

came president in 1968. The amount of money that both

have put into the camps has risen from $13,000 to ap-

proximately $30,000 this past camp season.

Q Would you identify the Lutheran camps, the Camp

* & * aa

[31] MR. DITTMANN: Well, I assume it will be

possible to have them brought down here although, well,

work out something else, access to them.

(Whereupon, the discussion at side bar was con-

cluded. )

BY MR. DITTMANN:

Q I show you an exhibit marked Synod’s Exhibit

No. 8 and ask you what that is, Doctor.

A This is a copy of the minutes that were taken, in

1962, authorizing the appointment of a committee to

study the selection of campsites.

Q Is that a true and correct excerpt from the minutes

of that meeting?

A Yes, sir.

Q a you please read to the jury the excerpt?

es.

“The president explained that because the dam will be

built at Tocks Island in the Delaware River above Shaw-

nee, the three summer camps will be flooded and new

sites will have to be obtained. ae his recommendation,

it was resolved:

93

A. That the president be authorized in consultation

with the Board of Christian Education to appoint a

committee on the selection of camp sites.

B. That the committee be composed of three repre-

sentatives of the Board of Christian Education and two

[32] representatives of the Executive Board.

C. That the committee be authorized to consult with

the Financial Committee of this Board in the prepara-

tion of a plan to finance the purchase of the campsites.

D. That the committee subject to concurring action

by the Financial Committee and the approval of the

Synod’s legal counsellor be authorized to take the neces-

sary steps to protect its interest in any specified prop-

erty, pending formal action by this Board and;

E. That the Board of Christian Education be au-

thorized to spend up to $10,000 of its funds in develop-

ing surveys and plot plans to guide the committee in its

choice of sites.”

Q Now, Dr. Janson, do you know whether or not a

campsite was subsequently selected and acquired by the

Synod?

Yes, I do.

And do you know when that occurred?

Somewhere in the year 1963, 1964.

And do you know the location of the campsite?

We refer to it as Bear Creek Camp Site.

And where is Bear Creek?

Well, it is off around 115, just one exit beyond

the Scranton interchange, off the Northeast Extension.

Q Do you know how many acres comprise the Bear

Creek site?

[33] A Well, when we bought it, we thought we were

acquiring 3500 acres and then it was necessary to survey

PO PO > Pp

_ the area that we bought and we picked up 300 acres.

So we now have 3800 instead of 3500.

Q Do you know the total cost of the Bear Creek

site?

A Yes, I think it was approximately $321,000.

THE COURT: Synod’s Exhibit No. 7 to 7-E, are

admitted in evidence.

94

BY MR. DITTMANN:

Q And those, Dr. Janson, are copies of the deeds

conveying the Bear Creek site to the Synod, are they

not, sir?

A Yes.

Q And by that, I am referring to Exhibits No. 7 to

7-E.

A Right.

Q Now, Dr. Janson, do you know the date when the

three Delaware River camps of the Synod were con-

demned by the United States?

A I believe that was 1970, that the formal condemna-

tion took place.

Q Would you tell us why the Synod has not proceeded

to construct new, to develop a complete new campsite, at

the Bear Creek location?

A Yes, I think this long time has become a reality

probably for two factors.

I think, first of all, we were hoping that the * * *

& * * t

[39] hereafter referred to as the Church. The corpora-

tion shall be in adherence to such Church or its lawful

successor and amenable to its laws.”

Q Now, in that connection, would it be fair to say

that in promulgating the camping situation, the Camp

Committees would be trying to adhere to that purpose,

under that corporation?

A Yes.

Q May I have them back; they are basically the same.

That is the later amendment, is it not?

THE COURT: What is the number, Doctor?

A 33-A is on the yellow tag.

This is entitled, “Articles of Amendment of the East-

ern Pennsylvania Synod of the Lutheran Church in

America.”

Q Now, that is changing the name again, is it not;

in 1969, I believe?

A Yes.

95

Q The date on that is 1969, is it, sir?

A The date of that is 1969.

Q And underneath that paragraph, changing the

name, there is another paragraph again setting forth the

purposes of the organization.

A Yes.

Q And would you read that paragraph?

A Yes, it is starting with the four again.

[40] “The purpose of the corporation is to promote the

Christian religion according to the tenets of faith as set

forth in the laws of the Lutheran Church of America,

hereinafter referred to as the Church. The corporation

shall be in adherence to such Church or its lawful suc-

cessors and amenable to its laws.” Number five, “Cor-

poration shall not contemplate pecuniary gain or profit

incidental or otherwise to its members.” And six, “The

corporation shall have perpetual existence.’”’ Seven, “The

corporation is organized on a non-stock basis.”

Q Now, to your knowledge, there has been no other

changes in the name?

A That is correct.

Q And that would still be in effect today?

A Yes.

Q And would have been in effect in June, 1970?

A Yes.

Q Just while we are on that for a second, that para-

graph dealing with, it does not contemplate pecuniary

gain or profit, that is to qualify it under a religious

corporation, is it not?

A That is my understanding.

Q In other words, if you made profit, you would have

to start paying taxes?

A Iam afraid that is the case, yes.

[41] Q Okay, may I have it back.

Would it be fair to say, in your opinion, that in con-

ducting the camps, say for the period from 1962 up to

1970, that the camps did act in a way to promote the

tenets and the teachings of the Lutheran Church of

America?

A I believe so.

96

Q In other words, do you know for a fact that the

children, up until 1970, anyway, the majority of the

yg that attended the camps were of the Lutheran

ait

A I believe I would like to ask the Executive Sec-

retary to document that. I don’t believe the term ma-

jority is quite accurate. There is always a shifting from

year to year. Sometimes it is fifty/fifty. Sometimes it

- be 55/45. The term, majority, throws me a little

it. |

Q Well, there was an affidavit submitted in this pro-

ceeding by the Reverend Gulliford, that you mentioned,

which is on file with the Court and I believe he states

that under paragraph seven on page five, that in 1965,

the percentage of Lutheran children attending the camps

was 59 percent and non-Lutherans were 41 percent.

Then, in 1966, it was 60 percent for the Lutheran,

of Lutheran children, children of the Lutheran faith and

49 percent for non-Lutheran children.

A Right.

Q That in 1967—

[53] REDIRECT EXAMINATION

BY MR. DITTMANN:

Q Dr. Janson, do you, is the camp operation by the

Synod as previously described by you, consistent with the

purpose of the Synod as stated in the charter documents

that were shown to you earlier?

A It would be my conviction, yes.

Q And would you explain why you think the two are

consistent?

A Yes, well, I think the reason they are consistent

is because of the philosophy of camping that has evolved

and emerged. It is a very personal style of camping

which there is a very close relationship between the

counsellors and the campers. There is an effort to, you

know, communicate about the world and about creation,

about the presence of God. There is an effort to talk

97

about Christian values and as they relate to life. So, you

know, with that kind of programming, I would say it is

consistent when it talks about the articles of incorpora-

tion, about the tenets of the Lutheran confession.

Q Dr. Janson, do you have any idea of the amount

of money that has been invested in the Bear Creek site,

to date, in improvements?

MR. RUVOLO: Objection, Your Honor.

THE COURT: No, I think in view of the cross ex-

amination, that is relevant; overruled.

* * * ad

(57) A I was at the United Church of Christ Con-

ference Center, but no full-blown denominational church

camp..

Q How about non-denominational camps or private

camps, sir?

A No.

Q You have had no occasion to visit them?

A No.

MR. RUVOLO: No further questions.

THE COURT: Next witness.

ROY GULLIFORD, called as a witness, being duly

sworn, testified as follows:

DIRECT EXAMINATION

BY MR. DITTMANN:

Q Where do you live, Pastor Sulliford?

A I live in Berks County, suburban Reading, Penn-

sylvania.

Q And how long have you resided in that area?

A Since 1964.

Q And what is your educational background?

A Iam a product of the schools of the City of Phila-

delphia, attended Gettysburg College in Gettysburg, Penn-

sylvania. Then, went on to the Lutheran Theological

Seminary at Philadelphia where I received my Bachelor

of Divinity and was ordained as a minister of the Lu-

theran Church of America.

98

Q And when was that?

[58] A 1959.

Q And what has your career been since 1959?

A I served briefly as an assistant pastor in Phila-

delphia. In 1960, assumed for the first time my own

parish in Chester County, a town called Lionville. I was

there for four years, took six months off to get an ad-

ditional decree and then se:ved as pastor of Reforma-

tion Lutheran Church, Refton, suburban Reading, until

1970, when I was called by the Synod to serve as Ex-

ecutive Director of the Lutheran Camp Corporation.

Q And you are today the Executive Director of the

Camp Corporation?

A Yes, I am.

Q What are your duties and responsibilities as Ex-

ecutive Director of the Camp Corporation?

A I am responsible for the working in conjunction

with the Board in selection of the personnel, directors,

staff, responsible for the oversight of the programs, the

care of the facilities and of course, to the best of a

clergyman’s ability, the fiscal concerns of the corporation.

Q Would you tell us again to whom you report?

I am responsible to the Camp Corporation Board.

Q And that Board is made up of what?

A Laymen and pastors, chosen by the Synod to over-

see the camping operations. I am their employee.

[59] Q And when did you assume that office?

A March 1, 1970.

Q Do you know the date when the United States con-

demned the three camps that we have referred to before?

A We were informed of the condemnation in August

of 1970. At that time I was told that was backdated

to June 1 of 1970.

THE COURT: Maybe we can get that in by stipula-

tion; can’t we? What is the agreed date?

MR. DITTMANN: Of taking, Your Honor, June 15.

June 15 was the date it was taken.

99

BY MR. DITTMANN:

i Executive

What other, since you were named as

pissihar have you had any other camping experiences

ivities?

ay I was part of a, what was called the yee

Pennsylvania Task Force. This was an ecumenical study

of fifteen camp sites owned by Protestant churches in

Eastern Pennsylvania. It was an attempt to study their

sites, their programs, their philosophies, to see ae

things could be done jointly and to develop an overa

plan for the ’70’s, in which we could more cooperatively

work and thus have more impact and accomplish more.

that steering committee.

Tah also invited by a sister Lutheran body, the

American Lutheran Church, to be one of three ae

studied the [60] same sort of thing for the Pittsburg

camps of the ALC, Camp Agape. I am presently serving

on the Convention Committee of the American Camping

Association, Chairman of the In Depth Seminar Com-

mittee for the National Convention which will be held in

Philadelphia this March. I am responsible for determin-

ing what the content of the seminars will be and in sr

junction with the committee, chosing the people who wi

seminars. si ;

“— ME ponds Director, were you familiar with the

operation of Camp Miller, Hagan and Ministerium in

ats I was serving as Executive Director at that time

i f Camp Ministerium.

anR RUVOLO: i cine me, I didn‘t hear the last

ae Also, Director of Camp Ministerium, the middle

camp.

BY MR. DITTMANN:

I would like you to describe in detail to the jury,

P| of all; tell us about Camp Miller, where was it

ig Miller was about three miles north of the

Shawnee on the Delaware. It was, I believe, 140 acres,

100

55 buildings, handled, could handle up to 260 campers

with a staff of 68. Half of the site was river bottomed

right along the river. The balance of it was going on up

the mountain. Could I show that?

[61] Q Yes.

I show you a large photograph which I am going to

have marked for identification in just a minute and ask

you whether this shows Camp Miller?

A Upside down, but it is Camp Miller.

Q Now, what do you mean by upside down?

A They reversed the photograph. It is Camp Miller,

but it is, I guess when they put it on the poster board,

they twisted it somehow. Somehow, it gets everything

backwards.

(Whereupon, a photograph of Camp Miller was pro-

duced and marked for identification as Synod’s Ex-

hibit No. 1.)

BY MR. DITTMANN:

Q This has been marked Synod No. 1. Now, Synod

No. 1, that is a picture of Camp Miller, you say it is

upside down?

A Yes.

Q And this is an inversion, I guess, that has been

created by the photographer?

A In making the poster, yes.

Q How does that affect the picture?

A Well, the river is still on the east and the moun-

tains are still on the west, but the north end of the camp

is on the south and the south end of the camp is on the

north. I don’t know whether you want to pursue that

or not.

Q_ In other words, if you were approaching the camp

[62] from the river, you would by airplane as this pic-

ture does, you will actually see the buildings up here to

= ae side and the open area would be to the left

side

A Yes.

101

Q Do we have a smaller picture that has been done

correctly?

A A little eight by ten is in the library.

Q Ina minute, we will get that.

Now, supposing I hand you Synod No. 1 and then I

am going to ask you a little bit more. About how many

buildings did you say comprised it?

A Fifty-five buildings on the Miller site.

Q What kind of buildings were they?

A They were a variety of buildings, of course, that

you would need for a camp. Originally, Miller was a

farm and we had the farm house and barn and we were

able to keep some of the area in farming so that some

of the campers could see what farming is all about.

Many of our campers are from Philadelphia and one boy

asked how you could tell a bull from a cow. He didn’t

know which were male and female, so it was helpful

to see a bit of a farm that campers could see things

firsthand. There were tennis courts, of course, large

playing fields, atheltics were always a large part of the

program.

A large dining hall facility, that could comfortably

accommodate 300. There was an infirmary, an arts and

crafts [63] building, fully equipped.

These actually are on the south. They were some of

the original cabins built back in the 1920’s. All of these

cabins were built in 1965. They were all replacement

cabins. This whole string, I believe of fifteen cabins,

so that when we say that the camp was established in

1927, the buildings, of course, continues as you grow

and expand, you deveiop your facilities. A major por-

tion of the program was here on the mountain where we

could have all kinds of nature—

Q And by the mountain, you are referring to that

~ wooded area shown on the l

This text is long and has been trimmed here. Open the source document for the complete record.

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