HomeMy WebLinkAbout02-4880IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF THE RIGHT-OF-WAY FOR
STATE ROUTE 3001, SECTION 015,
IN THE TOWNSHIP OF SOUTHAMPTON
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Article IV, Section 402, of
the Eminent Domain Code, Act of June 22, 1964, P. L. 84, 26 P. S. 1-40Z as amended,
respectfully represents that:
1. The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, act/ng through the Secretary of Transportation.
2. The address of the Condemnor is:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
3. The Department of Transportation is authorized by the provisions of
Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e), as amended,
to acquire by gift, purchase, condemnation, or otherwise, land in fee simple or
such other estate or interest as it shall determine, in the name of the Commonwealth for
all transportation purposes.
4. The within condemnation has been authorized by a plan signed by
the Secretary of Transportation on June 27, 2002, entitled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 3001 Section 015 R/W in Cumberland County,"
a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1,
at page 138, on July 24, 2002.
5. The purpose of the within conderrmafion is to acquire property for
transportation purposes.
6. A Schedule of Property Condemned identifying and specifying the location
of the property hereby condemned is attached hereto and made a part hereof.
7. Plans showing the property hereby condemned may be inspected in
the Recorder's Office of the aforesaid County at the places indicated on the attached
Schedule of Property Condemned or, if not shown thereon, on the day of the filing of
this document being lodged for record or filed in said Recorder's Offices, where they
may be inspected.
8. The nature of the title hereby condemned is fee simple and
a temporary construction easement.
9. In the event there are recoverable minerals (including gas and oil) within
the areas, if any, hereby condemned in fee simple, the mineral fights (including rights to
gas and oil) in those areas are hereby excepted and reserved from this condemnation,
provided, however, that the right of support of the areas condemned is included within
the scope of this condemnation, and no access from the surface of such areas for
removal purposes will be allowed without permission from the Commonwealth.
10. The payment of just compensation in this matter is secured by
the Commonwealth's power of taxation.
11. I, Gary C. Fawver, P. E., Chief, Utilities and Right-of-Way Section,
of the Department of Transportation, do hereby depose, swear, and affirm that
I am author=ed by and do hereby execute this Declaration of Taking on behalf of
the Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth hereto are true and correct to the best of my knowledge,
information, and belief, and are made subject to penalties provided in 18 Pa. C. S. §4904,
relating to false swearing to authorities.
WHEREFORE, fee simple title and a temporary construction easement are hereby
condemned from the property identified on the attached Schedule of Property Condemned,
as indicated on the plans referenced m paragraph 7 above.
Gary (~. Fawn, P. E.
Chief, Utili~s and Right-of-Way Section
/
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF THE RIGHT OF WAY FOR
STATE ROUTE 3001, SECTION 015,
IN THE TOWNSHIP OF SOUTHAMPTON
DECLARATION OF TAKING
Stuart A. Liner
Assistant Counsel
ID Number 15290
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF THE RIGHT-OF-WAY FOR
STATE ROUTE 3001, SECTION 015,
IN THE TOWNSHIP OF SOUTHAMPTON
NO.
EMINENT DOMAIN PROCEEDING
IN REM
P~RAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Stuart A. Liner, Assistant Counsel, Office of Chief Counsel,
Pennsylvania Department of Transportation, p.O. Box 8212, Harrisburg PA 17105-8212, as
attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in
the above-captioned proceedings.
Stuart A. Liner
Assistant Counsel
RW437 (10/99) COMMON%VEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
.SCHEDULE OF PROPERTY CONDEMNE[~
Declaration of Taking)
oMISPm~_No. 080100
unty Cumberland
Fed. Proj. No. 100% State
_Munici~ity Southampton Twp.
Route-S?~c. -- ~001-015
-- "TYPE OF DESCRIPTION D- Deed Description
P- Plan lodged for recording with Notice
of Condemnation
R- Plan now recorded in Recorder's Office
Page 1
Claim
No. Number
2 21001550000
Attache~
Name, Mailing Address, Property
Interest of Condemnees, and Number 'Type of
Location of
Ronald L. Sailhamer and
Janet E. Sailhamer, his wife R
Mailing Address:
1276 Baltimore Road
Shippensburg PA 17245
Plan (if any)
Recorded in
d County
Recorder of Deeds
Cabinet 3, Drawer 1,
Page 138
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF THE RIGHT-OF-WAY FOR
STATE ROUTE 3001, SECTION 015,
IN THE TOWNSHIP OF SOUTHAMPTON
NO. TERM, 20
002-
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby reformed that notice of the condemnation effected by the Declaration of Taking
filed to the above term and number on (~c~/~'~ ~-y~,~, was recorded in the office of
the Recorder of Deeds of the above county in ~.~d'¢, ~ & YeP , page(s) ,3 ~;rT"
The condemnation book and page number, file number, or microfilm number of
any property plat filed or microfilmed separately from the said Notice of Condemnation is shown on
the list of property condemned which is attached hereto.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
istrict Right-of2~y Administrator
Engineering District 843
RW437 (10/99)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
REMIS Proj. No. 080100
Count~ Cumberland
Fed. Proj. No. 100% State
Municipalit~ Southampton Twp.
Route-Sec. 3001-015
Declaration of Taking)
'TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recording with Notice
of Condemnation
R- Plan now recorded in Rccorder's Office
Page 1
Attached
Name, Mailing Address, Property Exhibit
Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any)
No. Number Locution of Condemned Property (if any) Description Recorded in
2 21001550000 Ronald L. Saillmmer and R Cumberland County
Janet E. Sailhame~, Iris wife Recorder of Deeds
Cabinet 3, Drawer 1,
Mailing Address: Page 138
1276 Baltimore Road
Shippensburg PA 17245
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE :
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
OF RIGHT OF WAY, FOR STATE :
ROUTE 3001, SECTION 015, IN THE :
TOWNSHIP OF SOUTHAMPTON :
CLAIM NO. 21001550000
No. 02-,4880 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS-IN REM
PETITION TO DEPOSIT ESTIMATED
JUST COMPENSATION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. The Department of Transportation is a Department of the Commonwealth of
Pennsylvania, with office at P.O. Box 8212, Harrisburg, PA 17105-8212.
2. On October 7, 2002 a Declaration of Taking was filed to the above capti°ned term and
number by the Secretary of Transportation.
3. Although the condemnee(s) listed on the attached Proposed Schedule of Distribution
was offered the full amount of the Commonwealth's estimated just compensation as payment pro-
tanto of of their fight of way damage claim, without prejudice to their right to proceed to a final
determination of their just compensation, the Commonwealth has been unable to make payment
because claimant has not accepted estimated just compensation.
4. A draft in the total amount of just compensation due the condemnee(s),as estimated by
the Commonwealth, and the Commonwealth's pro-rata share of taxes on the subject property
made payable to the Prothonotary of this Court is attached hereto..
5. I, Stuart A. Liner, Assistant Counsel, do hereby depose, swear, and affirm that I am
authorized by and do hereby execute this Petition to Deposit Estimated Just Compensation on
behalf of the Commonwealth, Department of Transportation, and that the averments contained
and set forth herein are true and correct to the best of my knowledge, information and belief, and
are made subject to the penalties provided in 18 Pa. C.S. §4904, relating to false swearing to
authorities.
WHEREFORE, in order to assure possession of the condemnees' property, if required, by
your Petitioner to which it is entitled under Section 407, of the Eminent Domain Code, 26 P.S.
§ 1-407, your Petitioner prays that your Honorable Court direct payment of the aforesaid estimated
just compensation and the Commonwealth's pro-rata share of the taxes on the subject property
into Court, to be held until further Order of Court directing payment of said amount to the said
condemnee(s) and/or person(s) entitled thereto pursuant to, Sections 407, 521 and/or 522, of the
said Code, 26 P.S. §§1-407, 1-521 and/or 1-522, as they may apl;fly.
Respectfully submitted,
Stuart A. Liner
Assistant Counsel
ID No. 15290
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 82:12
Harrisburg, Pennsylvania 17105-8212
Telephone: 717-787-3128
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,:
OF RIGHT OF WAY, FOR STATE
ROUTE 3001, SECTION 015, IN THE
TOWNSHIP OF SOUTHAMPTON
CLAIM NO. 21001550000
· No. 02-4880
· EMINENT DOMAIN PROCEEDINGS-IN REM
SWORN STATEMENT AS TO NOTICE OF
PRESENTATION OF PETITION
TO DEPOSIT ESTIMATED
JUST COMPENSATION
I, Stuart A. Liner, Assistant Counsel, do hereby depose, swear,
and affirm that I am authorized by and do hereby execute this sworn
statement on behalf of the Commonwealth of Pennsylvania, Department
of Transportation, and that the statements contained and set forth
herein are true and correct to the best of my knowledge, information
and belief, and are made subject to the penalties provided by 18 Pa.
C.S. §4909, relating to false swearing to authorities.
That on or before April 7, 2003 the parties in interest known
to the condemnor, including the condemnee, were notified that a
Petition to Deposit Estimated Just Compensation to the above term
and number would be presented to the Court of Common Pleas of the
above county after May 12, 2003 in order to be in compliance with
the twenty day notice requirement of Section 1-522 of the Eminent
Domain Code. The said parties were furnished with a copy of the
said Petition and Proposed Schedule of Distribution pertaining to
the particular compensation in which each was interested.
The names and addresses of the parties so notified, and the
date and manner in which notice was furnislhed to them are noted on
the said attached Schedule.
Stuart A. Liner
Assistant Counsel
ID No. 15290
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, Pennsylvania 17105-8212
Telephone: 717-787-3128
CERTIFIED MAIL
County: Cumberland
SR. 3001, SECTION 015
CLAIM NO. 21001550000
FILED TO NO. 02-4880
.SCHEDULE OF PARTIES NOTIFIED
OF PRESENTATION OF
PETITION TO DEPOSIT ESTIMATED
JUST COMPENSATION
NAMES AND ADDRESSES
DATE PARTIES IN 1NTEREST
RECEIVED CERTIFIED MAll,
Ronald L. and Janet E. Sailhamer
1276 Baltimore Road
Shippensburg, PA 17257
IN THE COURT OF COMMON PLEAS OF CUMBERLANiD COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY, FOR STATE
ROUTE 3001, SECTION 015, IN THE
TOWNSHIP OF SOUTHAMPTON
CLAIM NO. 21001550000
· No. 02-4880 CIVIL TERM
· EMINENT DOMAIN PROCEEDINGS-IN REM
ORDER OF COURT
AND NOW, upon presentation of the within Petition, it is hereby ordered and
directed that the sum of $1,519.50 representing the amount of just compensation estimated by the
Commonwealth to be due the condemnee(s) on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court, in an interest bearing account to be held
until further Order of Court directing payment of said amount to the said condemnee(s) and/or
person(s) entitled thereto pursuant to Section 407, 521 and/or 522, of the Eminent Domain Code,
26 P.S. §§§1-407, 1-521 and or 1-522, as they may apply.
VtNVA~SNN~d
Ab¥ZONC~HI()Sd~,:4-:L,. -t0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE :
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
OF RIGHT OF WAY, FOR STATE :
ROUTE 3001, SECTION 015, IN THE :
TOWNSHIP OF SOUTHAMPTON :
CLAIM NO. 21001550000
No. 02-4880 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS-IN REM
PETITION TO DEPOSIT ESTIMATED
JUST COMPENSATION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. The Department of Transportation is a Department of the Commonwealth of
Pennsylvania, with office at P.O. Box 8212, Harrisburg, PA 17105-8212.
2. On October 7, 2002 a Declaration of Taking was filed to the above captioned term and
number by the Secretary of Transportation.
3. Although the condemnee(s) listed on the attached Proposed Schedule of Distribution
was offered the full amount of the Commonwealth's estimated just compensation as payment pro-
tanto of of their right of way damage claim, without prejudice to their right to proceed to a final
determination of their just compensation, the Commonwealth has been unable to make payment
because claimant has not accepted estimated just compensation.
4. A draft in the total amount of just compensation due the condemnee(s),as estimated by
the Commonwealth, and the Commonwealth's pro-rata share of taxes on the subject property
made payable to the Prothonotary of this Court is attached hereto.
5. I, Stuart A. Liner, Assistant Counsel, do hereby depose, swear, and affirm that I am
authorized by and do hereby execute this Petition to Deposit Estimated Just Compensation on
behalf of the Commonwealth, Department of Transportation, .and that the averments contained
and set forth herein are true and correct to the best of my knowledge, information and belief, and
are made subject to the penalties provided in 18 Pa. C.S. {}4904, relating to false sweating to
authorities.
WHEREFORE, in order to assure possession of the condemnees' property, if required, by
your Petitioner to which it is entitled under Section 407, of the Eminent Domain Code, 26 P.S.
§ 1-407, your Petitioner prays that your Honorable Court direct payment of the aforesaid estimated
just compensation and the Commonwealth's pro-rata share of the taxes on the subject property
into Court, to be held until further Order of Court directing payment of said amount to the said
condemnee(s) and/or person(s) entitled thereto pursuant to, Sections 407, 521 and/or 522, of the
said Code, 26 P.S. {}{}1-407, 1-521 and/or 1-522, as they may apply.
Respectfully submitted,
Stuart A. Liner
Assistant Counsel
ID No. 15290
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, Pennsylvania 17105-8212
Telephone: 717-787-3128