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HomeMy WebLinkAbout00-02436 "'~@. COMMONWEALTH OF PENNSYLVANIA DEPAR.TMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL R.EAL PROPERTY DIVISION POST OFFICE Box 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 GOVERNOR'S OFFICE OF GENERAL COUNSEL July 6, 2005 William A. Duncan, Esquire Chairperson, Board of View One Irvine Row Carlisle, PA 17013-3019 Re: Donald E. & Rose Marie S/ike v. Commonwealth of Pennsylvania, Department of Transportation No. 00-2436 (Cumberland County) Dear Attorney Duncan: Your letter dated June 1, 2005 to Stuart A. Liner, Esquire has been referred to me since I am handling the above-captioned matter on behalf of the Department. Your letter referenced calendars that were enclosed with your correspondence to be marked and returned to your office. The calendars were not attached to my copy of the June 1 letter. In any event, the Department is in the process of having its appraisal updated to the date of the taking and, therefore, will not be ready to proceed to a hearing until late fall of this year. If the Board of Viewers desires to hold a view only of the subject property in advance of the hearing, this could be scheduled sometime in August or September as the viewers plan is currently being prepared. Thank you for your consideration of this letter. Very truly yours, Donald J, mith Assistant Counsel cc: William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David R Reynolds, R/W Administrator, Engr. Dist. 8-0 Mark S. Silver, Esquire CO~IMONWEALTH KEYSTONE BUILDING. 9TH FLOOR - 400 NORTH 5TREET . HARRISBU~G. PA 17120-0096 m; ,;.~.....~....""~,; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE Box 8212 HARRISBURG, PA 171 05-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 June 8, 2005 GOVERNOR'S OFFICE OF GENERAL COUNSEL William A. Duncan, Esquire Chairperson, Board of View 1 Irvine Row Carlisle, PA 17013-3019 Re: Donald E. & Rose Marie Slike v. Commonwealth of Pennsylvania, Department of Transportation No. 00-2436 (Cumberland County) Dear Attorney Duncan: Please be advised that the undersigned will be representing the Commonwealth of Pennsylvania in all matters related to the above-captioned claim. Kindly direct notices and correspondence directly to me at the above address, with a copy thereof to Penn Dot RJW Administrator, Engineering District 8-0,2140 Herr Street, Harrisburg, PA 17103. Enclosed please find a copy of my praecipe for entry of appearance which I recently filed with the Prothonotary of Cumberland County. Thank you for your consideration and attention to this matter, Very truly yours, OFFICE OF CHIEF COUNSEL BY: Donald J. Smith Assistant Counse Right of Way Section cc: Mark S. Silver, Esquire, JOSEPH A. KLEIN, P.C. David B. Reynolds, RJW Administrator, District 8-0 William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel-in-Charge COMMONWEALTH KEYSTONE BUILDING' 9TH FLOOR - 400 NORTH STREET' HARRISBURG, PA 17120-0096 ~'" ~Ol '. "' "" i; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court LD. #50483 P. 0, Box 8212 HARRlSBURG, PENNSYL VANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E. SLIKE and ROSE MARIE SLIKE No. 00-2436 CML TERM Plaintiffs v, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. By: Donald J, Smi OUNSEL Attorney for the Defendant ^>~,-"" ---, - m.' I """,- ,~ ~~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E, SLIKE and ROSE MARIE SLIKE, No. 00-2436 CIVIL TERM Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM CERTIFICATE OF SERVICE I certifY that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the person as set forth below, which service satisfies the requirements ofPa.R.C.P. 440:vwm BY FIRST CLASS MAIL: Mark S, Silver, Esquire JOSEPH A. KLEIN, P.C. 500 North Third Street, 7th Floor P.O. Box 1152 Harrisburg, P A 17108-1152 Respectfully submitted, Dated: June -12005 By: Donald J, Smi Assistant Counsel Attorney for the Defendant ~- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE Box 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 '" <'''''t ...................... GOVERNOR'S OFFICE OF GENERAL COUNSEL July 6, 2005 William A. Duncan, Esquire Chairperson, Board of View One Irvine Row Carlisle, PA 17013-3019 Re: Donald E. & Rose Marie Slike v. Commonwealth of Pennsylvania, Department of Transportation No. 00-2436 (Cumberland County) Dear Attorney Duncan: Your letter dated June 1,2005 to Stuart A, Liner, Esquire has been referred to me since I am'handling the above-captioned matter on behalf of the Department. Your letter referenced calendars that were enclosed with your correspondence to be marked and returned to your office. The calendars were not attached to my copy of the June 1 letter. In any event, the Department is in the process of having its appraisal updated to the date of the taking and, therefore, will not be ready to proceed to a hearing until late fall of this year. If the Board of Viewers desires to hold a view only of the subject property in advance of the hearing, this could be scheduled sometime in August or September as the viewers plan is currently being prepared, Thank you for your consideration of this letter. Very truly yours, Donald J. mith Assistant 'Counsel cc: William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David B, Reynolds, R/W Administrator, Engr. Dis!. 8-0 Mark S. Silver, Esquire COMMONWEALTH KEYSTONE BUILOING . 9TH FLOOR - 400 NORTH STREET' HARRISBURG, PA 17120-0096 - " ~' . ., -';'"" " t ".,"" LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-Iaw.com www.ssfl-Iaw.com CAMP liLL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 JOHN E. SLlKE ROBERT C SAIDlS GEOFFREY S. SHUFF JAMES D. FLOWER. )R CAROL). LINDSAY BRIAN C CAFFREY GEORGE F. DOUGLAS, III MATTHEW). ESHELMANt THOMAS E. FLOWER , jACLYNSMITH tBoard Certified Creditors' Rights Representa{ion REPLY TO CARLISLE July 8,2005 William A. Duncan, Esquire DUNCAN & HARTMAN, P.C. One Irvine Row Carlisle, Pennsylvania 17013 RE: CUMBERLAND COUNTY DOCKET: CP 21-MD-239-2004 IN'RE: PRIVATE ROAD IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY Dear Bill: I've discovered that for the work we would need a surveyor to do on the board of view, a surveyor in the area would get about $100-120 per hour. I've done some calculations based on those figures and on the $125.00 per day paid by the Court. I estimate that the total additional cost of a surveyor-viewer would amount to $450.00-500.00. I gather fhJm the responses I have received from the other parties that they are not willing to share in the aITlOunt by which the .cost of a surveyor-viewer exceeds the amount the Court pays. At the sarn~ time, Henry Coyne has advised me his clients will not waive the statutory requirement of a surveyor-viewer. Under the~e circumstances, arid in order to keep this matter moving, my client will advance the addit1onalcost of a surveyor-viewer as outlined above. Please go ahead and engage a surveyor to sit (\]1 the board. Please note thatsurveyors Todd Lyons and R.J. Fisher & Associates, Inc. prepared my client's own survey of the land in issue. ,""".~b1 ~."~~ ~" ~~ "' ~" ~ -;; " William A. Duncan, Esquire July 8, 2005 Page 2 Our position is that if my client persuades the board and/or the Court that he is entitled to open a private road under the statute, the other parties should pay this excess surveyor-viewer expense as part of the taxable costs of the matter. Thank you for your attention to this matter. Please call me if you have any questions. Very tmiy yours, Saidis, .Shuff, Flower & Lindsay . ~- C. Caffrey, Esquire BCC: ahg Cc: Dennis Zeigler Henry F. Coyne. Esquire Robin G. Lytle ~,........... .. .......,. , ~,J~,'" ' - /'. IN RE: LAYING OUT AND OPENING A PRIVATE ROAD IN EAST HAMPDEN TOWNSHIP, PENNSYL VANIA IN THE COURT OF C011MON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GNANACHANDRA M. CHINNIAH, Petitioner v. CIVIL ACTION - LAW JAMES E. and BETSY L. EICHELBERGER, Husband and Wife, PETER J. and LYNETTE M. MATHEWS, Husband and Wife, DEBRA J. BLOSNICH, MARK. H. and CAROL J. SHAPIRO, Husband and Wife, RONALD R. and DEBORAH J. SZP AK, Husband and Wife, STEVEN R. and YUN S. MABEN, Husband and Wife, and WENDY A. HYSER, Respondents NO. 05-2084 CML TERM ORDER OF COURT AND NOW, this 7th day of Ju1y, 2005, upon consideration of Defendants Lynette and Peter Mathews' petition requesting a stay of proceedings before the Board of View, the petition is denied. BY THE COURT, -I!. ....'.~~, .--;-. Wiyimn A. Duncan Esq /Gri.e Irvine Row ' . / Carlisle, PA 17013 Douglas G.1\1iller, Esq. 60 W. Pomfret Street ..... .' Carlisle, PA 17013 ........... Attorney for Petitioner;," Michael J '~si4'\;ii:~~i~;EiP.*. 301 Mirrke{8tfd"h ...~.~rn()yn;t;;:;~;i;t~~ Attorney'fQ', '. , ":Jiune~,;',~},;~~ ,..-:",". ,,::::: ,~{:':J.~Xi:'. I.,':., .. KathIee;;&hs.. . ~~s~:i~1JT~eJ~~ir~~tj~~rt'~J' . Attorney for Respohclehti; .., .... . Peter J. and Lynette :M.l\1a.theWs Debra J. Blosnich 6105 Locust Lane Mechanicsburg, PA 17050 - Respondent Craig A. DieW, Esq. 3464 Trindfe Road Camp HilI, P A 17011 Attorney for Respop,dents MarkR.aiiil..O#i1l J.Shaplro .'. ." " ',: '::"';.':,:i;:,t?;::;\~>:;'::~,}::(,-->::::.: ~;:~>~:,>' ",' ' " RonaldR,4d-Reb6~ J; ,SZpak: 6109 LocustLarie" .' MechanicslJurg,:p A 17050 Respondents ..' _'fl!!!c' - :. <,,.,--'-. "; , '--',j -' ~,.,. . # -- Thomas P. Gacki, Esq. 213 Market Street, Eighty Floor P.O. Box 1248 Harrisburg, P A 17108-1248 Attorney for Respondents Steven R. and Yun S. Maben Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Respondent Wendy A. Hyser :rc . ~~ ~~ "'"""'e,i,',; ~tNNUUI LMltr LUUN~tL rax:/IJJIllJQI UCl: tJ LUUtJ I I : Ub ~. U I 11 PENNDOT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION . OFFICI! OF CHII!F COUNSEl FACSIMilE GOVElINOR'S OFFICE OF GENERAL COUNSEL Date:. October 6, 2006 From: DonaldJ. Smith, Esquire Fax: (717)249-7800 Number ofpages (including covel' sheet): 2 If you do not receive all the indicated pages clearly, please contact the sender at (717)705-12'76 or at vmarcldoni@state.oa.us. To: William A. Duncan, Esq. Location: One Irvine Row Carlisle, PA 17013-3019 CONFlDEN17ALITY NOTE The infol'lllation and. documents accompanying this transmission contain information from the Office of Chief Counsel which is confidential. and/or legally privileged. The information is intended solely for the use of the individual or entity named on the transmission sheet. If you are not the designated recipient, you are. hereby notified that any disclosure, copying, distribution or tald:ng of any action in reliance on the contents of this information is prOhibited. . MESSAGE Original to follow via U.s. MaiL OVERNIGHT MAILING ADDRESS:. Office of Chief Counsel PENNDOT 400 North Street - 9lh Floor Harrisburg, l'A 17120-0096 REGULAR MAILING ADDRESS: Office of Chief Counsel PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 Main Office Telephone Number (717) 787-5473 Office Fax Number (717) 772-2741 ~~.... " t-'tNI'WUI L.nltr i..JIJUN:JtL rax: II J.lJLUi+1 UCl: t) LUUt) II :UI:) t-'. UL (/) n FH8NDOT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POSTOFFIOE BOX 8212 HARRISBURG, PA 17105-5212 TELEPHONE: (117) 787-3128 FACSIMILE: (717) 772.2741 GOVEltNOR'S OD'JCl OF GENERAL COU~SEL October 6, 2006 William A. Duncan, E:squire Chairperson, Board of View One Irvine Flow Carlisle, PA t7013-3019 BY FACSIMILE: (717)249-7800 Re: In 1'8: Condemnation by the Commonwealth of Pennsylvania, Department of Trsntilportstion, of Rlght-ot-Way for State Route 0015, Section A 12, a Limited Access Highway In the Township af Upper ANsn Dans/d E. Slio and Rose Marie Slike, Condemnees Claim No. 21.00030000 No. OQ..2486 (Cumberland County) Dear Chairman Duncan: Reference is made to your letter of October 3, 2006 requesting the parties to agree upon a time and date for the Board to conduct a View of the above-referenced premises. .~, At this time, I am available at any time on October 23 0 October 24, 2006. Please provide Notice of the View directly to me at your convenience. Thank you for your consideration of this correspondence. Very truly yours. cc: Joseph A. Klein, Esquire William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David B, Reynolds, Aight of Way Administrator, =ngineering District 8-0 COMMONW.AL TH KEYSTONE BUILDING. 9'" FLOOR -400 NO~TH STRtET' HARRISSURO, PA 1712Q..0096 ....-. ", .'.'r' .'l!it,[;-' f. V~ ~ ~/f~ ~ .,. .~ '-"".'J,,-.f:d:.,' ,',' """'-, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE Box 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMilE: (717) 772-2741 GoVERNOR'S OmCE OF GENERAL COUNSEL October 6, 2006 William A. Duncan, Esquire Chairperson, Board of View One Irvine Row Carlisle, PA 17013-3019 BY FACSIMILE: (717)249-7800 Re: In re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for State Route 0015, Section A 12, a Limited Access Highway in the Township of Upper Allen Donald E. Slike and Rose Marie Slike, Condemnees Claim No. 2100030000 No. 00-2436 (Cumberland County) Dear Chairman Duncan: Reference is made to your letter of October 3, 2006 requesting the parties to agree upon a time and date for the Board to conduct a View of the above-referenced premises. At this time, I am available at any time on October 23 or October 24, 2006. Please provide Notice of the View directly to me at your convenience. Thank you for your consideration of this correspondence. Very truly yours, Donald J. ith Assistant Counsel cc: Joseph A. Klein, Esquire William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David B. Reynolds, Right of Way Administrator, Engineering District 8-0 COMMONWEALTH KEYSTONE BUilDING. 9'" FLOOR - 400 NORTH STREET- HARRISBURG, PA 17120-0096 '- ~ 0' ~ ~~;J.~:~;, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105.8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 GoVERNOR'S OFFICE OF GENERAL COUNSEL October 2, 2006 William A. Duncan, Esquire Chairperson, Board of View One Irvine Row Carlisle, PA 17013-3019 Re: In re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for State Route 0015, Section A 12, a Limited Access Highway in the Township of Upper Allen Donald E. Slike and Rose Marie Slike, Condemnees Claim No. 2100030000 No, 00-2436 (Cumberland County) Dear Chairman Duncan: Reference is made to correspondence dated September 26, 2006 addressed to you from Joseph A. Klein, Esquire, counsel to condemnees in the above-referenced matter. Although the Department will soon be ready to proceed with a view and hearing in this matter, please be advised that I am not available during the entire time period proposed by condemnees' counsel. It should be noted that I will not be available on Wednesday, October 25 due to a previously scheduled deposition in York County. Moreover, I will be out of the office on a planned vacation beginning October 30, 2006 and will not return until November 14, 2006. Thank you for your time and attention to this matter and for your consideration of this correspondence. Very truly yours, cc: Joseph A. Klein, Esquire William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David B. Reynolds, Rightof Way Administrator, Engineering District 8-0 COMMONWEALTH KEYSTONE BUILDING. 9'" FLOOR - 400 NORTH STREET. HARRISBURG, PA 17120-0096 ~. ~ " "'""-~.."~: PENNDOT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE Box 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 ~. GOVERNOR'S OFFICE OF GENERAL COUNSEL July 6, 2005 William A. Duncan" Esquire Chairperson, Boar~ of View One Irvine Row Carlisle, PA 17013-3019 Re: Donald E. & Rose Marie Slike v. Commonwealth of Pennsylvania, Department of Transportation No. 00-2436 (Cumberland County) Dear Attorney Duntan: your letter ~ated June 1, 2005 to Stuart A. Liner, Esquire has been referred to me since I am ha~dling the above-captioned matter on behalf of the Department. Your letter referenced ca. lendars that were enclosed with your correspondence to be marked , and returned to YO!Jr office. The calendars were not attached to my copy of the June 1 letter. . In any everit, the Department is in the process of having its appraisal updated to the date of the tak\hg and, therefore, will not be ready to proceed to a hearing until late fall of this year. .. , If the Boarl:l of Viewers desires to hold a view only of the subject property in advance of the hearing, this could be scheduled sometime in August or September as the viewers plan is !currently being prepared. Thank you lor your consideration of this letter. Very truly yours, Donald J. mith Assistant Counsel cc: William J, Cressler, Assistant Chief Counsel Christophet J, Clements, Assistant Counsel in Charge David B. Reynolds, Am Administrator, Engr. Dist. 8-0 Mark S. Silver, Esquire COMMONWEALTH KEYSTONE BUILDING' 9TH FLOOR - 400 NORTH STREET' HARRISBURG, PA 17120-0096 ~/iwJ. / '57tf;-[/'if $t{~lv;'fi, f/(;#/l 9 ;J.J/141,ft1Jr . ~~~;~- -V~tJ~ JOSEPH A. KLEIN, P.e. )fi 70 - dA/ ATTORNEYS AT LAw - tJ {/ I ~ ,.- 0 V~ " POST OFFICE Box 1152 HARRISBURG, PA 17108 JOSEPH A KLEIN MARK S. SILVER (717) 233-0132 FAX: (717) 233-2516 October 4, 2006 William A. Duncan, Esquire Chairman, Board of View DUNCAN & HARTMAN One Irvine Row Carlisle, P A 17013 VIA FACSIMILE 717-249-7800 Re: In re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for State Route 0015, Section A12, a Limited Access Highway in the Township of Upper Allen Donald E. Slike and Rose Marie Slike, Condemnees Penn DOT Claim No.: 21000300000 No.: 00-2436 (Cumberland County) Dear Chairman Duncan: I am advised that Donald Smith, Esquire is unavailable for a View on October 30, 31,2006 and November 1, 2006, but would be available as is the undersigned on October 23 and 24, 2006. . Would it be possible on either October 23 and 24, 2006 to also have a hearing in this matter so we do not experience any further delay in resolution ofthis case? I anticipate that the hearing would take less than a full day. Thank you for your attention to this matter. Respectfully, JAKldp cc: Donald J. Smith, Esquire ~ , " '.".. --, ~, ,. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE Condernnees/Petitioners CLAIM NO. 2100030000 ",-""",,, -- ,,.,,,' h"'_, ,',',.,', ',_,,,--'--" ,,"'~'~" ,< .;..',,',,',,"," "d,".""~,__',, ."',h'" . '. .'~':) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF VIEW TO: Joseph A. Klien, Esq. JosephA. Klein, P.C. Post Office Box 1152 Harrisburg, PA 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 24 7 West Baltimore Street Carlisle, PA 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Protho~'s Office Cumberlmd Co"\1;nty Courthonse One CourthU~t;quare Car_,PA'17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 .'," " '"-' , "~'" "" ""',',,,;",,, """,'<"oJ"l"'\""'".!"""'",,,,"". "'""i' ',;1 ':;', ~','';1.d,~,~,'c"I.';.,.;';;,~ " " 'ei:! N,"dhcE IS HEREBY GIVEN that an Order of the Court of Common Pleas of CumberfmM County has been issued to William A. Duncan, Esquire, James Sheya and Fred It,- Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on October 24, 2006, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. ~'te: . 'October 6 . 2006 By: William A. Duncan, Esquire Chairman, Board of View W AD/jda ,,'-,','-<,. . IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondernneeslPetitioners CLAIM NO. 2100030000 -' -""'~''''''''IA''___ ., "',~' ,"', '. ..',,' '."'..~ .~.,= ;'~'::c",:~,,,,';:;,';,'~',''''',"'i;'L.,- ", ~".'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF VIEW TO: Joseph A. Klien, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PA 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfmger 247 West Baltimore Street Carlisle, PA 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A, Duncan, Chairman One Irvine Row Carlisle, PA 17013 -.,.< "--~".' ""'<~' ,,,,',~ ">-,,,,;.>"~.' ~-.- .." ,,""-"";;;:';',--<;,' ""',.,." .,., " NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfmger, directing them to determine a just compensation for the condenmation of said premises, The Viewers will meet at the premises on October 24, 2006, at 9:30 A,M, for the performance of their duties under said Order, All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: October 6 . 2006 By: ~ William A. Duncan, Esquire Chairman, Board of View W ADljda ~~- ........,,"lIlIliii.lo~~.' ,..", ~~~" ,. "~- "ill - -" "U . - ':'k: r'tPHWlJl Lnltr- L,UUN;:.tL r-aX:JIIJJ'!~JI.J.1 UC1.!I.J. J:UUb ItI:tJ::I I-'.UL AvAILl D!C. 4"fUCNlOM) ~fi!.. DP.-,m (1HU12St*f) COMMONWeALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERlY DIVISION POST OFFICE BOX 8212 HARAISBUR(l, PA 17105-6212 TELEPHONE: (717) 787-3128 00"""0"'$ OlFtCE OF FACSIMILE' (111) 772-2741 GllNElw. COUNSEL October 24, 2006 William A. Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013-3019 VIA FACSIMILE: (717)249-7800 Re: Donald E, &: Rose Marie Slilre v. Commonwealth of Pfmm,ylvanla, Department of Transportation No. 00-2436 (Crimberland County) .C#alm No, 210003??oo Dear Mr. Duncan: At the conclusion of the Site View held in the abOve-captioned matter earlier today, you requested the parties to provide available dates for a hearing during the week of December 4, 2006, Both the Department's appraiser and I are available on Monday, December 4, 2006 and Thursday, December 7,2006. Please provide notice of the hearing directly to me at your convenience. Thank you for your consideration of this correspondence. Very truly yours, cc: Mark S, Silver, Esquire William J. Cressler, Assistant Ohief Counsel Christopher J. Clements, Assistant Counsel in Charge David B. Reynolds,RIW Administrator, Engr. Dist. 8-0 COMMONWEALTH KEYsTcw. BUILDING' 9'" FLOOR - 400 NORTH STREET' HARRISBURG, PA 11120-0096 ~_ II"", I,,~ h ~ "............., t.'trHWUI L..nltr- L,IJUf1;:.tL r-a;.-~:JI.I.lI!.'::::Ji.j.1 (jet ~I.J. LllUtl 14: 0::1 t'. U I COMMONWEALTH OF PENNSYLVANIA . DEPARtMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL FACSIMILE GoVER.,,(OR~sOmaOJ GltNERAL CouNSElt Date: October 24, 2006 From: DonaldJ. Smith, Esquire To: William A. Duncan, Esq. Fax: (717)249-7800 Number of pages (including cover sheet); 2 If you do not receive all the indicated pages . clearly, please contact the sender at (717)705-1276 or at vrnarckioui@state.na.ys. Location: One Irvine Row Carlisle, PA 17013-3019 CONFIDENTIALITY NOTE The information and documents accompanying this transmission contain information from the Offille of Chief Counsel which is confidential and/or. legally priv.ileged. The information is intended solely for the use of the individual or entity named on the transmission sheet. If you are not the designated recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this information is prohibited. MESSAGE Please see attached correspondence. OVERNIGHT MAILING ADDRESS: Office of Chief Counsel PENNDOT 400 North Street - 9th Floor Harrisburg, PAl7120-0096 REGULAR MAILING ADDRESS: Office of Chief Counsel PENNDQT . Post Office Box 8212 Harrisburg, P A 17105-8212 Main Office Telephone Number (717) 787-5473 Office Fax Number (717) 772-2741 - a ;~ , 'j;Ji COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG. PA 17105-8212 TELEPHONE: (111) 787-3128 FACSIMILE: (711) 172-2741 GoVERNOR'S OFFICE OF GENERAL COUNSEL October 24, 2006 William A. Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013-3019 VIA FACSIMILE: (717)249-7800 Re: Donald E. & Rose Marie Slike v. Commonwealth of Pennsylvania, Department of Transportation No. 00-2436 (Cumberland County) Claim No. 2100030000 Dear Mr. Duncan: At the conclusion of the Site View held in the above-captioned matter earlier today, you requested the parties to provide available dates for a hearing during the week of DeCember 4, 2006. Both the Department's appraiser and I are available on Monday, December 4, 2006 and Thursday, December 7, 2006. Please provide notice of the hearing directly to me at your convenience. Thank you for your consideration of this correspondence. Very truly yours, cc: Mark S. Silver, Esquire William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge David B. Reynolds,R/W Administrator, Engr. Dist. 8-0 COMMONWEALTH KEYSTONE BUILDING' 9'" FLOOR - 400 NORTH STREET' HARRISBUAG. PA 11120-0096 O~ - ,~ ^_'-",,__J.'". ATTORNEY TIME SHEET FILE DATE TIME liliiu;-I POSTAGE m"'""""~'i'U\Li/ / ~!g~~ ~~~~,~;~..-' \,nlv ~)\ N"~.f. - cde (-r;r \D r'A\G0 JOSEPH A. KLEIN, P.C'5'1Jfr-1lS'f fj(:;t_ ,D~ V\ ATTORNEYS AT LAW J~/l (/V--\ POST OFFICE BOX 1152 :J.~1-q PJf h~{J'i. HARRISBURG, FA 17108 V. ~ IV TrY' JOSEPH A KLEIN , (717)233-0132 <'f/' =~. ~~~ October 24, 2006 lol')..~1 OfIFAX; (717)233-2516 William A. Duncan, Esquire Chairman, Board of View DUNCAN & HARTMAN One Irvine Row Carlisle, P A 17013 nA FACSIMILE 717-149-7800 Re: In rei Condemnat/on by the Commonwealth of Pennsyhttmia, Department of Transportation, of Right-of-Way for State Route 0015, SectWn All, a Limited Access Highway in the Township of Upper Allen Donald E. Slike and Rose Marie Slike, Condemnees Penn DOTe/aim No.: 21000300000 No.: 00-1436 (Cumberland County) Dear Chairman Duncan: In fullow-up to our discussion at the conclusion of the site view earlier today concerning available dates for a Board of View hearing, the following is provided. CondelIUlees, their counsel and real estate valuation witness are available Tuesday, December 5, 2006 through Friday, December 8, 2006, and again commencing Monday, December 18, 2006 through Thursday, December 21, 2006. Monday, December 4, 2006 is not a date available to Condemnees, their counsel and appraiser. In the event this claim cannot be scheduled to be heard by your Board of View on the dates set forth and as any of them may be available to Mr. Smith and his witness on behalf of the Commonwealth, I would respectfully suggest that the matter be scheduled fur hearing early in January, 2007. Should you have questions or require anything additional, please do not hesitate to contact me. 'o~ \ ~/b/ {;V1 9<fA[ ~ + ~ U l ~ ----- U cyl LU/~~/~VUO LI;LL ~ftA W. A D\lIJcan, Esquire October 24, 2006 Page 2 - "'-'-'-=<..~.. l-'~-' If!JIJV.).'-lItJ.J Thank you for your attention and consideration. MSS/dp cc: Donald J. Smith, Esquire ( )'"'. "~-_.- -~ ~. - ~ - ~ ~, """ '~ i~.;;i ~v/~~/~uuo ~f;~U rdA lft,JIJUL'I)IJ.) JOSEPH A. KLEIN, p.e. Attorneys at Law Suite 700, 500 North Third Street Post Office Box 1152 Harrisburg, P A 171 08 Joseph A. Klein, Esquire Mark S. Silver, Esquire Adam G. Klein, Esquire (717) 233-0132 Fax: 233-2516 FACSIMILE TRANSMISSION DATE: October 24, 2006 NO. OF PAGES (including cover): 3 TO: William A. Duncan, Esquire FAX NO: 249-7800 FIRM: FROM: Mark S. Silver, Esquire RB/MESSAGE: REPLY REQUESTED: YES: NO: IF INCOMPLETE, PLEASE CONTACT 717-233-0132. THE INFORMATION CONTAlNED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRMLEGEO AND CONFIDENTIAL INFORMATION INTENDEO ONLY FOR THE USE OF THE INDlVIOIJAL OR ENTITY NAMED A1JOVll. IF'\1IE REAPER Of THIS Mf'lgAGE IS NOTlHE INTENDED REClI'IENT. YOU AREHEREBY NOTIFIED TIlAT ANY DISSEMINATION. DISTRIIlIITION OR COPYING OF THIS COMMUNICATION IS !ITRICTLY PROHIBmID. lFYOu HA vERECEIVEDTH'S COMMUNICATION eN ERROR, PLEASE IMMEDIATEl YNOfIFYUS !lY TELEPHONE AND REfURN'\1IE ORJGINALMf'lSAGE TO USAT THEAlJO''E ADDRESS VIA THEUS. POSTAL SERVICE. WE SHALL REMIT POST AGE FOR TIm RETURN OF ANY SUCH COMMUNICATIONS. THANK YOII. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 ~~ .-,'~"""'-'&>"''';',"- .",,,,,',~- "~-"' "-"",~-~,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF HEARING TO: JoseIill A. Klein, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PA 17108 Mark Silver, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PA 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, P A 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, PA 17013 '~'~" ~,,~- 'N'-'- -', i I , I , I i 1 I 1 I , "p--'- ,~ ""~ ,--J~ " '_,;- ~ '''-,,': ,_ ,"-~'A " .'-.",,- ,-.. ,'.--'-'" ',-'~'~", ~'~. "'---~-,,- , .-"'."'''1 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the old Cumberland County Courthouse on Monday, December 18, 2006, at 9:00 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: October 30 . 2006 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda - ~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF l'HE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS IDGHWA Y IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SURE AND ROSE MARIE SLIKE, Condemnees/Petitioners C1aiIll No.: 21000300000 -i~ "" ~ ~ ~1;jl; R~r;:EIVtU MAl ;;,u LUIfJ y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM ORDER AND NOW, this -fl-- day of ~ 2005, upon consideration of the Petition of Condemnees Donald E. Slike and Rose Marie Slike for Appointment of a Board of View, the following are appointed to a Board of View to ascertain and award just compensation to Condemnees: I I \, \\, ,.... \),/UftlJlU 9" . . \I\J V 'VON""'-- Vv ~ , Esquire, Chairman ~ 1. <~ ~" , ... i', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN NO. HJ.;;J. '( 3(., ~, .IN- 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. 1-402, as amended, respectfully represents that: 1. The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting 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. .," , ,--~ - - ,- " ~'d';- -",', 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on February 18, 2000, entitled "Drawings Establishing and Re-establishing Limited Access Highway and Authorizing Acquisition of Right-of-Way for State Route 0015, Section AI2 RIW in Cumberland County, also State Route 2004 ", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page 130 on March 10, 2000. 5. The purpose of the within condemnation 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, ifnot 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. 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral rights (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. .' , "' ,~ - ,'.- I -~, '. - ,,_<- ~ 10. The payment of just compensation In this matter IS secured by the Commonwealth's power oftaxation. 11. I, Gary C Fawver, P.E., Chief, Right of Way and Utilities Division, of the Department of Transportation, do hereby depose, swear and affIrm that I am authorized 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 herein 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, is hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. ,~"- .< """ ,". 0'___& "'. "' !!do: " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. INRE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS IDGHW A Y IN THE TOWNSIDP OF UPPER ALLEN DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ill No. 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 otIili.llolilll ~ ~I~ . J) ~,~"u.L .... Page 1 . RW437 (10/991 COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D- Deed Description P- Plan lodl!;ed for recordinl!; with Notice of Condemnation R- Plan now recorded in Recorder's Office m ~,..J' Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (ifanv) Descrintion Recorded in 31 21000300000 Donald E. Slike & Rose Marie Slike, H/W R Cabinet 3, Drawer I. (Owner of Record) Page 130 1302 Slatehill Road Sheet #21,26.28,30 P.O. Box 292 Camp Hill, PA 17011 Location of Property Peed Book K-28, Page 418 21000300010 Uni-Mart Corporation (Lesse~ 477 E. Beaver A venue State College, PA 16801 "As Their Interest May Appear" i""~'~' ~ .'0 -=~.... " .' 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 0015, SECTION A12, A LIMITED ACCESS IDGHWA Y IN THE TOWNSHIP OF UPPER ALLEN NO. 0-0- ;bIIJ(, ~ I~ EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Stuart A. Liner, Assistant Counsel, Office of Chief Counsel, 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. ~q~ Stuart A. Liner Assistant Counsel Dated: fly;,; j 6) J 000 1~I~jj!il_ilIHlIil~IIIill~,-llliti:!'~Af~eM~'M~>2ti%lI!il.j'I!I!illi';~~,",'J;;l<~~'I>";';;,,',>;;"_lIa;;Oi,]$'.l,,;j'(~~~ .il"'-""_~g~'3_illI~l!!!I!il!IiIIit.:IIlIiiid!iTlt'~. <, ':Ii! f~ :~ ~ .:a ~ ~~ ~ <( <(" .~ ~ ~~ ~S~9ffi ~ rJ:J;> ~ ~:;: ~;>~~~~ ....:IrJ:J ><:;:~~EJ~ ~~ t:tlrJ:JO<(Ulil ~ g:" Z~~E-<<(~ ~ O~rJ:JrJ:JCl~ ~ ~~~~~~ 0>< ~ U~ ~O 0 ~i5~~~~ E-<U Z ~Ul5~~ 0 8~ E-< ~ U . <(0 ~ u~ ~~~.~~~ tl ~~ ~ ~ ~~E-< ~ ~~ o~~&l~ ~ U rJ:J U .,; .... 0 0 ~<- ~ ~ ~ o N ~ ~l os .~ .~ *-~ rI.l 0 ~ @< ~ &i ~~ -5""' Ol 0 ., I:i ~! ~ fr 8Cl ~ < "0" ., - ~ -~ . N .... NOO "1'N In......O ., O;....r:: V-I ...... ~.I~ !3 r-,~.~ O~~I UN',:5~.. _ ~ 00 ~~ .!:l ~ ~c\i, Co ..= O.~. "h U t:tl~<1iIJ,o -.;. C+-4 . --,. ~-- 00 _ ., . Q:h" " ~ ~~ g V"J lE ~..= I\) o .o..@' rI.l ., .~ E-< ~ C~ (.::) J:~ :75 I i:;;,~7 '-?7~q ".. " .:-::: C.(", tj,';f -'.:.D -c: .., , ., o ~;--, :~,:i iP ~ -;:'" ~ "'i ;:S ~ ~'~ . i ;-'~,'/; ,~'''' , ~ M ~....." ~"C'i!ilIi;;-l I I I I I I I , , RW432 (09/99) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION Al2 IN THE TOWNSHIP OF OPPER ALLEN : NO. 00-2436 CIVll., TERM, 2000 EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA , : SS COUNTY OF DAUPHIN Marlin N. Brownawell, being duly sworn according to law, deposes and says that he is District Right-of- Way Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and that on or before April 24, 2000, notice of the filing of the Declaration of Taking in the above matter was served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as Rmended. A schedule of the condemnees so notified is atlached hereto and made a part hereof. ~0~ Di iet Right-or-Way Adniwstrator My Commission Expires: NOTARIAL SI:AL LYNN A. CARROLL. NoIaiy PaIJiII: IlanIsburg. PA llauphIn 0lMI\y My ComInII*n IExpIres Jn13, Illl~iIlOO'Ill~ml~OOE!1l1,Ml"'~l!il'itmll_l;!it;.&j!~~llli\m~A>>;r~"m';>;hH~~~~-Mlt:,-""",,;,,,,,;:-;~ilUri'''' - .' i.I1H'"lf ~ "~O -~ ~;Ill!iti~~~~~iP"" ._,~"' '~I'm !liIn: iJliIijjji' ~-,_... ~\)\A "\ . ""--. ~ " . ,- ,~"."' o :;; .< -oC:-:; mn" Z::r: ~~:; [:::.:C"" ~C~, ~(I 1"-" (~:= "7 ::, -< ',1.. ~ ~, " o C.:J C) "Ii ~ ~;':} oe,:] r<> 0"1 "Y: r:::: -,-,- , ~~~~) :~,~ '--' :-,;2 o _iu ~< -0 N :.n (:::>' w ""-~'~~~'~ "';it' 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 0015, SECTION A12, A LIMITED ACCESS IDGHWAY, IN THE TOWNSIDP OF UPPER ALLEN NO. 00-2436 CIVIL TERM, 2000 EMmBITDOMNNPROC~DING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the above term and number on Apri118, 2000, was recorded in the office ofthe Recorder of Deeds of the above county in Book 642, Page 786. 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 BY im!ia~l[;;li!liliMilI~~lI!!iiilliD;k:<Wil;';;:I!;liM"ih!fOO;l!!!li!t:i.'i.mtl~!~h":~,""'M'U~"$,~~~i~-~.!:! rI'J r~ ~ .", '-" .,. -~, ~--~~.- _Mlilil<_il!liif~lIillIi'~'lllIT'~''''''''''"L~'~l!i''! n f;,' ~~':, "~.~ '- ~g ~ r-'~, ,~..J :.< ~.""-~- " ~' '\ (") .:.-~ 1 ~~ :::J N 0" 1~1 '",.., -'~;~-j .~2(J:) -'-'1'; ':~~\ ;JS <:I-O-n , --' ;:--: ~ --j" t~' 55 -< . -, ""'-'- . _I ... .' .... . . IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE AND ROSE MARIE SLIKE, Condemnees/Petitioners Claim No.: 21000300000 '-, "'..,.";',-""CC"_"..~"_'" "..-",-.--,;;:c.--";"-21'- ,. -"-,,-,,--~ R~CEIVED MAY 25 .y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM ORDER AND NOW, this ~ day of ~, 2005, upon consideration of the Petition of Condemnees Donald E. Slike and Rose Marie Slike for Appointment of a Board of View, the following are appointed to a Board of View to ascertain and award just compensation to Condemnees: W\,\,\~ O~ f:~uire, Chairman ~IIdiii''';'"'"''''' 'till -~'"'~lIiIiIiil\llllllll~h~~ ~:!LEf)~{)FF!Gf. 'J" Ii'~ /...."7. .r.' I"nr", l!- 'ie j'-;;:)rr--:\./'\i.)/l'ljit 2G05 Nil Y .] 1 ~11 9: 53 CUA'!L:,_,':~ '\..1 ...{Jdi'vTy PE/"//\!S ltl<.c{l:/\ frr n\ ~..r~ ~ ~~ ~-\ ~ ! ,~,J-v""",,,,"~,"~,. ~"~,=~~, ','~" '" n" L,~ - '1'- ,".-- C".., 811 ~ ,- ~- - '~.' - . I .1 . ~L . - '~ '~ - - . ,. . "'". . [<; '-r m " " ,rm [-- . _ 'W"~...' ,~-', ft' ., '"'.... , . IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE AND ROSE MARIE SLIKE Condemnees/Petitioners Claim No.: 21000300000 PETITION FOR APPOINTMENT OF BOARD OF VIEW TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Donald E. Slike and Rose Mafie,Slike (hereinafter "Condemnees" :1 or "Petitioners"), by and through their attorneys, Joseph A. Klein, P.C. respectfully represents that: ./.' I. On or about April IS, 2000, and thereafter, Condemnees Donald E. Slike and Rose Marie Slike were the owners in fee simple of certain improved real estate , I i , I situate in Upper Allen Township, Cumberland County, Pennsylvania. 2. By virtue of the Declaration of Taking filed on or about April IS, 2000, docketed to No. 00-2436 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania, the Defendant/Condemnor, Cql1lIJ,l!l~wealth ofP,ennsylvania, , Department of Transportation, acquired, appropriated, and condemned a portion of Petitioners' aforesaid and above-described property in 'Upper Allen Township, - . l ' Cumberland County, Pennsylvania, in fee simple absolute for purposes of highway construction. 3. The aforesaid premises are more fully described in the Declaration of Taking filed on or about April IS, 2000. , ~ < .... , 4. There are no Preliminary Objections outstanding relating to the Commonwealth of Pennsylvania, Department of Transportation's Declaration of Taking. 5. Condemnor, Commonwealth of Pennsylvania, Department of Transportation made payment to Condemnees of its estimate of just compensation on or about June 5, 2000. 6. Condemnor Commonwealth of Pennsylvania, Department of Transportation and Condemnees Donald E. Slike and Rose Marie Slike have been unable to agree on the just compensation to be made for the condemnation ofthe aforesaid premises. WHEREFORE, your Petitioners, Donald E. Slike and Rose Marie Slike, the instant Condemnees, by and through their attorneys, Joseph A. Klein, P.c., respectfully request this Honorable Court to appoint a Board of View to ascertain the just compensation due them. Respectfully submitted, J EPH A. KLEIN, P.C. Jo h A. Klein, Esquire I.D. No. 07082 500 North Third Street, 7th Fl. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie lite, Condemnees Date: May 24, 2005 By: Date: May 24, 2005 M k . Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Donald E. SIike and Rose Marie SIike, Condemnees " " , - ,'-" ". ~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE AND ROSE MARIE SLIKE, Condemnees/Petitioners Claim No.: 21000300000 CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, attorney for Condemnees, do hereby certify that on this date I served the foregoing PETITION FOR AP~OIN1l\:IENT OF A BOARD OF VIEW by having placed a true and correct copy ofthesilme postage prepaid, deposited at Harrisburg, Pennsylvania as follows: VIA FIRST CLASS U.S. MAIL I';. Christopher J. Clements, Esquire Assistant Chief Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, Pa 17105-8212 Attorney for Condemnor, Commonwealth of Pennsylvania, Department of Transportation , J0SEPH A. KLEIN, P.C. Date: May 24, 2005 BY.-' ~ f . . S.-silver,Esquire I.D. No. 09825 500 North Third Street, 7th FI. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie Slike, Condemnees ~~~li!IlIildi~~IIliWlWitI~f:.~ ,.-~.t ~<-" '~illlr"_~ 'I,Jre~, _~,;"~ ,,_,,~, ",= '"' ,',~,,~ ..".0... '" ..,. ~. '~i"'7' . ,., -. ''>' ~. ih.IIU . " '" '" .. .. ~ - .,... (') "" ~ ~ 0 c...,--:; " I:.' .' ::I -I n " J;:"" -r fil " ~ , 1',' -n j)i ':-:.; .r:- ~6 Q ~~ ;:: ~~ ,~:.. 5:: -1'" ,'--j C C) 0 t=:; .',"," ~ ~~:~ ':,:) in u::> ~I l~'- J .r::- ::D , '\.0 -< ~~ . . . ..'" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court LD. #50483 P. O. Box 8212 HARRISBURG, PENNSYL VANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION A12, A LIMITED ACCESS HlGHW A Y IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E. SLIKE and ROSE MARIE SLIKE No. 00-2436 CIVIL TERM Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OUNSEL Attorney for the Defendant ,.',. "1 I I ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E. SLIKE and ROSE MARIE SLIK,E, No. 00-2436 CIVIL TERM Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the person as set forth below, which service satisfies the requirements ofPa.R.C.P. 440:vwm BY FIRST CLASS MAIL: Mark S. Silver, Esquire JOSEPH A. KLEIN, P.C. 500 North Third Street, ill Floor P.O. Box 1152 Harrisburg, P A 17108-1152 Respectfully submitted, COUNSEL Dated: June 12005 By: Donald J. Smi Assistant Counsel Attorney for the Defendant . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN NO. fJ-O.;l. '( 3(" ~, L-- 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. 1. 84,26 P. S. 1-402, as amended, respectfully represents that: I. The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting 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. 1. 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 February 18, 2000, entitled "Drawings Establishing and Re-establishing Limited Access Highway and Authorizing Acquisition of Right-of-Way for State Route 0015, Section AI2 RIW in Cumberland County, also State Route 2004 ", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer I at Page 130 on March 10, 2000. 5. The purpose of the within condemnation 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, ifnot 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. 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral rights (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 m this matter IS secured by the Commonwealth's power of taxation. 11. I, Gary C Fawver, P.E., Chief, Right of Way and Utilities Division, of the Department of Transportation, do hereby depose, swear and affirm that I am authorized 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 herein 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. 94904, relating to false swearing to authorities. WHEREFORE, fee simple title, is hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS mGHW A Y IN THE TOWNSHIP OF UPPER ALLEN DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ill No. 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 v ~ ... COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRAlliSPORT A TION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recordin~ with Notice of Condemnation R- Plan now recorded in Recorder's Office Page I r RW437 110/991 REMIS Pro'. No. Count Fed. Pro'. No. Munici alit Route-Sec. ~.~ ~ ~'u" Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (ifanv) Descrintion Recorded in 31 21000300000 Donald E. Slike & Rose Marie Slike, H/W R Cabinet 3, Drawer I. (Owner of Record) Page 130 1302 Slatehill Road Sheet #21.26.28.30 P.O. Box 292 Camp Hill. PA 17011 Location of Propeny Deed Book K-28, Page 418 21000300010 Uni-Mart Corporation (Lesse~ 477 E. Beaver A venue State College, P A 1680 I "As Their Interest May Appear" . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT- OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS mGHW A Y IN THE TOWNSHIP OF UPPER ALLEN NO, 0.0- :vt3i.,f2iuJ I~ EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Stuart A. Liner, Assistant Counsel, Office of Chief Counsel, 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. ~q~ Stuart A. Liner Assistant Counsel Dated: ~r: I 6 J J 000 :~ ~ .:a <: ~~ IZl ~~ S:1Zl ~~ ~ ~" ~~ E-<U 8~ U~ ~~ ~~ o z ~ ~~E:~ ~~~8$~ U f=:>"".....IZl~ .o~-~< ~ ~~~~:H~~ ~ ~ffi~~~~ ~ ~~~~~~ ~ ~i5~~~~ z ~~ ~<:1Zl ~ 8.~~~~~ ~ ~O~~~~ 0 ~~!il~r::f=: ~ 8o~~~ ~ ." ..... 8 e N " ~ ~I <U .~ .~ tl ~~ 0:5..... <a 0 Ii 80 ~ < ." ., ..... ~ N ..... N 0000 _ etA ~() ., <";(;; c'"' ~ ~ ~t~j ;~ ';~ ~ t;:; ,,:-,,-,.., ";) 00 ", - '0, :a >< ~~ Cl:J':." U I:Q~" _..::n _;',l, .....0 .O~. -; -~ " -;~' ~ ."..)'--' 8 ~ ~~.';; 6F,; to C1l 0 Jl cc., o !:l'&'" ~ ~- .~ ~ t:I: . ~ ~ F -0:" ~ ~ ,. ~ '6 ~,~ g 19 RW432 (09/99) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY TIffi COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF TIffi RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION AI2 IN THE TOWNSlDP OF UPPER ALLEN : NO. 00-2436 CIVIL TERM, 2000 EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTII OF PENN8YLV ANIA : : 88 COUNTY OF DAUPHIN Marlin N. Brownawell, being duly sworn according to law, deposes and says that he is District Right-of- Way Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and that on or before April 24, 2000, notice of the filing of the Declaration of Taking in the above matter was served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made a part hereof. ~D~ Di 'ctRight-of-Way Adnimlstrata- My Commission Expires: IIOTNlIAL IEM. LYNN A. CARRllU., ..., NID ...lIlIl.o. PA ~ ClIIIIIJ It! Co.,..' '.,I!ltphs .IIIll813, , '.':' (") C <:~ -ot;5 i~' r;::t ::':;::c ....-.('--, :J:;oo (0:: .0 c:> ::2 -,. ::fJ ~,~ ,,) 0', ~n N :J1 C:=>. ~ ~ 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 0015, SECTION AU, A LIMITED ACCESS mGHWAY, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2436 CIVIL TERM, 2000 EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the above term and number on April 18, 2000, was recorded in the office of the Recorder of Deeds of the above county in Book 642, Page 786. The condenmation 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 BY CJ ~._, (I C 0 n ~ """ _J -OC:' -,., nIl., ~~, :z N <''7~:~:' cr. r:::c'-c " ~(; ,2;(2 N __:J ~ ( :::;; J_ :;1 ::2' j.J 1':::>' -< , . . ,. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION Al2, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLlKE AND ROSE MARIE SUKE CondemneeslPetitionel's Claim No.: 21000300000 PETITION FOR APPOINTMENT OF BOARD OF VIEW TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Donald E. Slike and Rose Marie Slike (hereinafter "Condemnees" or "Petitioners"), by and through their attorneys, Joseph A. Klein, P.c. respectfully represents that: I. On or about April 18, 2000, and thereafter, Condemnees Donald E. Slike and Rose Marie Slike were the owners in fee simple of certain improved real estate situate in Upper Allen Township, Cumberland County, Pennsylvania. 2, By virtue of the Declaration of Taking filed on or about April 18,2000, docketed to No. 00-2436 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania, the Defendant/Condemnor, Commonwealth of Pennsylvania, Department of Transportation, acquired, appropriated, and condemned a portion of Petitioners' aforesaid and above-described property in Upper Allen Township, Cumberland County, Pennsylvania, in fee simple absolute for purposes of highway construction. 3. The aforesaid premises are more fully described in the Declaration of Taking filed on or about April 18, 2000. , . , 4. There are no Preliminary Objections outstanding relating to the Commonwealth of Pennsylvania, Department of Transportation's Declaration of Taking. 5. Condemnor, Commonwealth of Pennsylvania, Department of Transportation made payment to Condemnees of its estimate of just compensation on or about June 5, 2000. 6. Condemnor Commonwealth of Pennsylvania, Department of Transportation and Condemnees Donald E. Slike and Rose Marie Slike have been unable to agree on the just compensation to be made for the condemnation of the aforesaid premises. WHEREFORE, your Petitioners, Donald E. Slike and Rose Marie Slike, the instant Condemnees, by and through their attorneys, Joseph A. Klein, P.c., respectfully request this Honorable Court to appoint a Board of View to ascertain the just compensation due them. Date: May 24, 2005 Respectfully submitted, ~ J EPH A. KLEIN, P.C. B .. Jo h A. Klein, Esquire I.D. No. 07082 500 North Third Street, 7th F1. Post Office Box 1152 Harrisburg, P A 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie li~e, Condemnees ( By: Date: May 24, 2005 M k . Silver, Esquire 10. No. 09825 500 North Third Street, 7th F1. Post Office Box 1152 Harrisburg, P A 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie Slike, Condemnees IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLlKE AND ROSE MARIE SLlKE, Condemnees/Pditioners Claim No.: 21000300000 CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, attorney for Condemnees, do hereby certifY that on this date I served the foregoing PETITION FOR APPOINTMENT OF A BOARD OF VIEW by having placed a true and correct copy of the same postage prepaid, deposited at Harrisburg, Pennsylvania as follows: VIA FIRST CLASS V,S. MAIL Christopher J. Clements, Esquire Assistant Chief Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, Pa 17105-8212 Attorney for Condemnor, Commonwealth of Pennsylvania, Department of Transportation JOSEPH A, KLEIN, P.C, Date May 24, 2005 RY.-'~~~";" J.D. No. 09825 500 North Third Street, 7th PI. Post Office Box 1152 Harrisburg, P A 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie Slike, Condemnees ("~ _._'-'~" .l .....;:;. . ~ . ~F.CEIVEO MAY 2 5 2D~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E, SLIKE AND ROSE MARIE SLIKE, Condemnees/Petitioners Claim No.: 21000300000 ORDER AND NOW, this ..n.- day of ~, 2005, upon consideration of the Petition of Condemnees Donald E. Slike and Rose Marie SIike for Appointment of a Board of View, the following are appointed to a Board of View to ascertain and award just compensation to Condemnees: LAh,\'\~ ~ k:~uire, Chairman o w BY THE COURT: 1f! n\ ~~~ ~ ~~ ~ FIlED-Di'FlCE OF TH~ npl'iTu()'.Jt)nny !e 100l.", ~ '....,~!I.. 1,f"\l'1. ZOOS HAY 3/ AM 9: S3 C, 1,\,01 ";" ", 'U-'U' ,'''lY v .._,..... .,.,.,...... v '4 ")1:::", il\i(~V[' \I,~ !\J'A' ......F ~ '1." .~ /,"\, I .. ..,.... t ., . I 1 . ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court I.D. #50483 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S,R. 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E. SLIKE and ROSE MARIE SLIKE No, 00-2436 CIVIL TERM Plaintiffs v, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf ofthe condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter, OFFICE OF CH~OUNSEL ~ By: _ Donald], Smi , sq, Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S,R, 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN CIVIL ACTION -- LAW DONALD E. SLIKE and ROSE MARIE SLIKE, No, 00-2436 CIVIL TERM Plaintiffs v, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the person as set forth below, which service satisfies the requirements ofPa,R.C,P, 440:vwm BY FIRST CLASS MAIL: Mark S, Silver, Esquire JOSEPH A. KLEIN, p,c. 500 North Third Street, 7th Floor P,O. Box 1152 Harrisburg, PA 17108-1152 Respectfully submitted, Dated: June 12005 By: Donald J, Smit Assistant Counsel Attorney for the Defendant (") c .,- -c :;:~. ~~f t~ ~~~.~. ~.;- ~ ~:~:' ~~::,2 ,-- Z ::2 r--.> <::::> = CJ'1 <- c:: ~ o -n --t :r:- nl~ -om :00 nT ==to :::r:" ,:-,; ::n =c) 0'" ~ ::0 -< o -0 :z: .r:- f'0 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneesIPetitioners CLAIM NO. 2100030000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM ./ EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF FILING OF REPORT OF VIEWERS Joseph A. Klein, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, P A 17108 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, P A 171 05-8212 William A. Duncan, Esq. 1 Irvine Row Carlisle, P A 17013 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, P A 17013 Enclosed herein please find report of the Board of View dated r~ (~ ' 2007, concerning the premises owned by Plaintiff-Condemnee situate in Upper Allen township. The said report shall be filed i!e Office of the Prothonotary of the Court of Common Please for Cumberland County on ./ ~ '2. =r- ' 2007. The report shall become final unless an appeal erefromip filed fNithin thirty (30) days from the date the report is filed. B~,- William A. Duncan, Chairman Board of View James Sheya, Member Board of View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE and ROSE MARIE SLIKE Condemnees/Petitioners CLAIM NO. 2100030000 REPORT OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On May 31,2005, the Court appointed William A. Duncan, Esquire, Chairman, Fred Hefelfinger and James Sheya, as a Board of View to ascertain the just compensation due to the Petitioners. 2. Viewers scheduled View of Premises on October 24,2006. Copy of Notice hereto attached. 3. All Viewers and the interested parties attended a View of the premises on October 24,2006, at 9:30 A.M. and the Viewers conducted the View and received input from the Condemners and Condemnees. 4. On or about October 30, 2006, the Viewers confirmed and reviewed the record and determined that a Hearing should be held on Monday, December 18, 2006 to take testimony from the interested parties. A Notice was prepared and sent to the proper persons. A copy of that Notice is hereto attached. 5. On December 15,2006, William A. Duncan, Esquire, Chairman of the Board of View was notified by facsimile and telephone that the parties had settled the matter by Agreement of Counsel and no further Hearing or further action of the Board of View would be required. A copy of said letter is attached hereto. CONCLUSION The matters at issue have been settled by mutual consent of the parties and the Board of View having performed duties related to its appointment prior to said settlement. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 4 days @ $250.00 $1,000.00 Certified Mail $4.64 x 8 37.12 First Class Mail $.87 x 4 3.48 Mileage 30 miles x $ .445 13.35 per mile Subtotal $ 1,053.95 2 days @ $125.00 250.00 Mileage 30 miles x $ .445 13.35 per mile $ 263.35 Subtotal Fred Hefelfmger, Viewer James Sheya, Viewer 2 days @ $125.00 Mileage 30 miles x $ .445 per mile Total 250.00 13.35 $ 263.35 Date: vis!o r I l ~llr::; 101 ~~~~ $ 1,580.65 - Date: Date: 2\\';~OI -, IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF VIEW TO: Joseph A. Klien, Esq. Joseph A. Klein, P.c. Post Office Box 1152 Harrisburg, P A 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, P A 17105-8212 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, P A 17013 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 ProthollotaIy's Office Cumberland County Courthouse One CourtoouS,e -Square CarliBle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, P A 17013 NdtICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberl~d County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on October 24, 2006, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. ;~te: October 6 . 2006 By: William A. Duncan, Esquire Chairman, Board of View W AD/jda IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF HEARING TO: Joseph A. Klein, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PAl 71 08 Mark Silver, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, P A 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PAl 71 05-8212 R. Fred Hefelfinger 24 7 West Baltimore Street Carlisle, P A 17013 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PAl 7013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, P A 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the old Cumberland County Courthouse on Monday, December 18, 2006, at 9:00 AM. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: October 30 . 2006 By: William A Duncan, Esquire Chairman, Board of View W AD/jda JOSEPH A. KLEIN, P.C. ATTORNEYS AT LAw POST OFFICE Box 1152 HARRISBURG, P A 17108 JOSEPH A. KLEIN MARK S. SILVER (717) 233-0132 FAX: (717) 233-2516 December 15,2006 William A. Duncan, Esquire Chairman, Board of View DUNCAN & HARTMAN One Irvine Row Carlisle, P A 17013 VIA FACSIMILE 717-249-7800 AND FIRST CLASS U. S. MAIL Re: In re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for State Route 0015, Section A12, a Limited Access Highway in the Township of Upper Allen Our Clients/Claimants: Donald E. Slike and Rose Marie Slike, Condemnees Penn DOT Claim No.: 21000300000 No.: 00-2436 (Cumberland County) Dear Mr. Duncan: In satisfaction of your request for the same, this will serve to confirm that the above-captioned claim has been settled by agreement of counsel this date, December 15, 2006, and that the Board of View proceeding scheduled for Monday, December 18, 2006 will not be necessary. A copy of this letter is being transmitted to Donald Smith, Esquire, Counsel on behalf ofthe Commonwealth of Pennsylvania, Department of Transportation, with whom the case was settled, to further confirm this communication with your office. Should you have questions or require anything additional, please do not hesitate to contact me. . W. A. Duncan, Esquire December 15, 2006 Page 2 Thank you for your attention. MSS/dp cc: Donald J. Smith, Esquire Via Facsimile Donald E. Slike Via Facsimile (') S? .' -', /'"-., (:::::> = ...... -.., ,.." co N co ~ :i!..,., l1'p -ocq -~\.,-' ~-=) r.:, -,-:.t~~ ...;-~~ ~~ ~ :!; W N . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE and ROSE MARIE SLlKE CondemneeslPetitioners ,...., = = -....J .." I'l en N co W N CLAIM NO. 2100030000 NOTICE OF FILING OF REPORT OF VIEWERS 2::: -t... Joseph A. Klein, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, P A 17108 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 Donald 1. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 William A. Duncan, Esq. 1 Irvine Row Carlisle, P A 17013 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, P A 17013 Enclosed herein please find report of the Board of View dated r:vtt- (~~ ' 2007, concerning the premises owned by Plaintiff-Condemnee situate in Upper Allen township. The said report shall be filed ile Office of the Prothonotary of the Court of Common Please for Cumberland County on --:- ~ '2. -::r- ' 2007. The report shall become final unless an appeal erefromip filed fNithin thirty (30) days from the date the report is filed. ~'- William A. Duncan, Chairman Board of View o ." :r ." "'p -om ~pQ '3~:l I,b; :Q -.; C) ;~'-:: I"" ~ ;:r:: .lJ -< ~ James Sheya, Member Board of View - . --- IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 REPORT OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: mSTORY OF THE CASE 1. On May 31,2005, the Court appointed William A. Duncan, Esquire, Chairman, Fred Hefelfinger and James Sheya, as a Board of View to ascertain the just compensation due to the Petitioners. 2. Viewers scheduled View of Premises on October 24, 2006. Copy of Notice hereto attached. 3. All Viewers and the interested parties attended a View of the premises on October 24,2006, at 9:30 A.M. and the Viewers conducted the View and received input :from the Condemners and Condemnees. 4. On or about October 30,2006, the Viewers confirmed and reviewed the record and determined that a Hearing should be held on Monday, December 18, 2006 to take testimony from the interested parties. A Notice was prepared and sent to the proper persons. A copy of that Notice is hereto attached. 5. On December 15, 2006, William A. Duncan, Esquire, Chairman of the Board of View was notified by facsimile and telephone that the parties had settled the matter by Agreement of Counsel and no further Hearing or further action of the Board of View would be required. A copy of said letter is attached hereto. . .. CONCLUSION The matters at issue have been settled by mutual consent of the parties and the Board of View having performed duties related to its appointment prior to said settlement. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 4 days @ $250.00 $1,000.00 Certified Mail $4.64 x 8 37.12 First Class Mail $.87 x 4 3.48 Mileage 30 miles x $ .445 13.35 per mile Subtotal $ 1,053.95 2 days @ $125.00 250.00 Mileage 30 miles x $ .445 13.35 per mile $ 263.35 Subtotal Fred Hefelfmger, Viewer James Sheya, Viewer 2 days @ $125.00 Mileage 30 miles x $ .445 per mile 250.00 13.35 Total $ 263.35 Date: -vi 5/0 r I t ~llr::; 101 ~~~~ $ 1,580.65 -- Date: Date: 2\'';)01 --. . - IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF VIEW TO: Joseph A. Klien, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, P A 17108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, P A 17105-8212 R. Fred Hefelfmger 24 7 West Baltimore Street Carlisle, P A 17013 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 ProthotiotaIy's Office Cumberland County Courthouse One Cou.rtbou~,e -Square CarliBle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, P A 17013 . - ~dtICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberl~~ County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on October 24, 2006, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. ;~te: . 'October 6 . 2006 By: William A. Duncan, Esquire Chairman, Board of View 'W AD/jda . - IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0015, SECTION A12, A LIMITED ACCESS HIGHWAY IN THE TOWNSillP OF UPPER ALLEN DONALD E. SLIKE and ROSE MARIE SLIKE CondemneeslPetitioners CLAIM NO. 2100030000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF HEARING TO: Joseph A. Klein, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PA 17108 Mark Silver, Esq. Joseph A. Klein, P.C. Post Office Box 1152 Harrisburg, PAl 7108 Donald J. Smith, Esq. PENNDOT Post Office Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 24 7 West Baltimore Street Carlisle, P A 17013 James P. Sheya 433 Mooreland Avenue Carlisle, P A 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, P A 17013 . - NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the old Cumberland County Courthouse on Monday, December 18, 2006, at 9:00 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: October 30 . 2006 W AD/jda By: William A. Duncan, Esquire Chairman, Board of View . - . , ~ JOSEPH A. KLEIN, P.C. ATTORNEYS AT LAw POST OFFICE Box 1152 HARRISBURG, P A 17108 JOSEPH A. KLEIN MARK S. SILVER (717) 233-0132 FAX: (717) 233-2516 December 15, 2006 William A. Duncan, Esquire Chairman, Board of View DUNCAN & HARTMAN One Irvine Row Carlisle, PA 17013 VIA FACSIMILE 717-249-7800 AND FIRST CLASS U. S. MAIL Re: In re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of- Way for State Route 0015, Section A12, a Limited Access Highway in the Township of Upper Allen Our Clients/Claimants: Donald E. Stike and Rose Marie Slike, Condemnees Penn DOT Claim No.: 21000300000 No.: 00-2436 (Cumberland County) Dear Mr. Duncan: In satisfaction of your request for the same, this will serve to confirm that the above-captioned claim has been settled by agreernent of counsel this date, December 15, 2006, and that the Board of View proceeding scheduled for Monday, December 18, 2006 will not be necessary. A copy of this letter is being transmitted to Donald Smith, Esquire, Counsel on behalf of the Commonwealth of Pennsylvania, Department of Transportation, with whom the case was settled, to further confirm this communication with your office. Should you have questions or require anything additional, please do not hesitate to contact me. ........ t '+ W. A. Duncan, Esquire December 15, 2006 Page 2 Thank you for your attention. MSS/dp cc: Donald J. Smith, Esquire Via Facsimile Donald E. Slike Via Facsimile IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION AU, A LIMITED ACCESS IDGHW AY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. 00-1436 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM DONALD E. SLIKE AND ROSE MARIE SLIKE CondemrreeslPetitionus v. THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Condemno,./Respondent Claim No.: 1100030??oo PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case "Settled and Discontinued" on the docket. Respectfully submitted, JOSEPH A. KLEIN, P.C. By: lll~ Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7th FI. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Donald E. Slike and Rose Marie Slike, Condemnees Date: February 15, 2007 g ~ ~ ~ "O~ :s ; corn $Q ,c...::D &>. c- - ?: U1 ~e:: -0 %~ ~O 3 '?6 ~2 ca ~ ~ - 0