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Home My WebLink About00-02856 . , - . ,- ~-,,'-- 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 HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN NO. 0-0. );2S5l. c..Lvd' T~ 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 N, 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. .\I ~ L_ - """',#I1dl","-l, 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 Authorizing Acquisition of Right-of-Way for State Route 0015, Section A12 RJW 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 identiiying 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 temporary constuction easements. 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 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 and temporary constuction easements are hereby condemned from the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. er,P.E., of Way and Utilities Division I ~~ "~'~~-;.-".( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ID No. 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 - I ---""'--"" 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. o-v - :J..I'S&, ~ I.v-- 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. c ~q..l . ./- ~ Stuart A. Liner Assistant Counsel Dated: )1 ~i J../ J. ODD ;-.,- ~-- .. 'I'nUI;~~JWjlii~'~~;~"''''~1'~~I~~~l! ~~- It "~="~!liiliilii~jl;j-"lmiT J ~ liIiJ ~~ O~ 00> ~"'" "'">< p..,OO ~ffi ~ p..,. o~ ~~ 00 E-<U 8~ u~ ~~ ~~ U ~. o z >< < ~. .~ ~ z~E-<l::Iffi [:;:l<_;:J;J;i"," ~~~~~~ :><><E-<~~~ ~~€:l~~~ Zzp..,E-<<p.., g~~ooo~ E-<p..,<~~~ <~~OE-<o ~OE-<~~p.., ~t51)~","~ o "'"E-<;><:Z; ~~<Z~C'f~ U .~ 0 - 0 .. ~E-<<E-< ~~~~S~ ocso~fIl~ U 00 tri' - o o " '_<'~__'N.J~~~,. "~.'- ~ U ~ p.., ~ ~ ~ o E-< ~ p.., u ~ p.., . ,~ o N ~ ~I d .- = a .9 .etti 1:;>1:: E 8- " en p.., a 'E~ ..<:"-< ~~ ~ ~ = 8 o i ~ fr 00 U ~ < ..0 " - ~ ,-' N - N 00 00 'N Vl _ d) Ort') 00 ..~ I = 1'--1'-- =: C"\l ..~ 00 O'l"'""'l t'd r:---- U C"\J.......-. "-<00 a I'-- " ~- .., ~.!:; I'-- ,.s:::;;o......'-' U ~ IJ;' 0 'Eo~Z " '~." 0) p.., - = s oil] o !3o. ,J:l..!:l en " .~ E-< ::c: " .. <I y -"'''...0 Page 1 RW437 (10/99) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D- Deed Description p. Plan lod)l;ed for recordin)l; with Notice of Condemnation R- Plan now recorded in Recorder's Office Af-~ o Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (if any) Description Recorded in 34 21000310000 Anna C. Smith, Single Woman R Cabinet 3, Drawer 1 102 Cockleys Drive Page 130 Mechanicsburg, P A 17055 Sheet #21,26 Location of Property: Deed Book 14\, Page 300 38 21000420000 Unico Corporalion R Cabinet 3, Drawer I 102 Village Drive Page 130 State College, P A 16803 Sheet #21, 28 Daniel D. Sahakian, CEO I Location of Property Deed Book B-34, Page 416 45 21000450000 Martha L. Mercurio and Frank Mercurio, R Cabinet 3, Drawer I Her Husband Page 130 911 Gettysburg Road Sheet #22, 30 Mechanicsburg, PA 17055 Location of Property Deed Book K-31, Page 672 62 21000530000 Eldon F. Bert and Harriet B. Bert, H;W R Cabinet 3, Drawer I As Tenants in Common and not as Tenants Page 130 by the entireties Sheet #23,32 P.O. Box 2015 594 Locust Lane, Messiah Village Mechanicsburg, P A 17055 Location of Property Deed Book B-34, Page 191 78 21000600000 Michael R. Loe and Mary J. Loe I H;W R Cabinet 3, Drawer I 1776 Winter Haven Drive Page 130 Mechanicsburg, P A 17055 Sheet #23,32 Location of Property Deed Book 198, Page 684 :W::t"'~ '-.- f '~m~R~Wf;lfl!!illl@_&~~iHw:&""-,H!",,,..z;.":,~~.fjl,,,,""2i:Wlt,"'"""'~?'l"iIt""illltil&Ul~ltiML ~ ,~~. r0 .~ ~ '-', (" .... t' ~ -~~-~~ -n'J_~I!ii -'I I , , 0 <:::l "0 - c:: c> -r-l S 3t ~i.",: '"0 OJ :1::"JI> nlfT'; ~-< Z::lJ ",-;-, I -\!!"'" zc :'-1 c;Y; V::'c'''::: co -<...-::.. ~6 !;2o -c :''''-B ~'C ::t-: (Y' 2' .-l zC') -,,--~ ( ) cjrn ;J"c: ~ ~ !:"' ~ ...j '< t> "l .. .1: .c ~ lr, .G d a ~ r r ~~ ~ ., ~'f"""",,,",,,,,,,,,L,,,,,. RW432 (03/99) 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 Al2 IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL TERM, EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND David B. Reynolds, 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 May 12, 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 June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made part hereof. Sworn to and subscribed before me 11ft, /00 ~ My Commission Expires: NOTARIAL SEAl. l.VN\\I II.. CARROU. ~ PuIlIIc HantsIluUll, PA Dauphln COImly lAy COmIIiISli!!lII ~ JUlI8 13, 2000 ,.-'~ L ~ .~ . . " ~ ~ ~ = -,~'" . Page 1 R W437 ( '0199) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHE!>Ul..,E OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D. Deed Description p. Plan lodjled for recordinjl with Notice of Condemnation R. Plan now recorded in Recorder's Office o Attacbed Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Pronertv (if anv) Descrintion Recorded in 34 21000310000 AnnaC. Smith, Single Woman R Cabinet 3, Drawer 1 102 Cockleys Drive Page 130 Mechanicsburg, PA 17055 Sheet #21, 26 Location of Property: Deed Book 141, Page 300 38 21000420000 Unico Corporation R Cabinet 3, Drawer' 102 Village Drive Page 130 State Coilege, P A 16803 Sheet #21 > 28 Daniel D. Sahakian, CEO Location of Property Deed Book B-34, Page416 45 21000450000 Martha L. Mercurio and Frank Mercurio. R Cabinet 3, Drawer I Her Husband Page 130 911 Gettysburg Road Sheet #22. 30 Mechanicsburg, PA 17055 Location of Property Deed Book K-31, Page 672 62 21000530000 Eldon F. Bert and Harriet B. Bert, R Cabinet 3, Drawer I As Tenants in Common and not as Tenants Page 130 by the entireties Sheet #23. 32 P.O. Box 2015 594 Locust Lane, Messiah Village Mechanicsburg, PA 17055 Location of Property Deed Book B-34, Page 191 78 21000600000 Michael R. Loe and Mary J. Loe R Cabinet 3. Drawer I 1776 Winter Haven Drive Page 130 Mechanicsburg, PA 17055 Sheet #23. 32 Location of Property Deed Book 198. Page 684 ''''k,,"-, , 'iliW~lM&,;j;,&1,""",~,--,",hi~""'45lEl!"'H!ibl:oi!i-<ffJ~'!ffifui.,"l'".olli",h!""--l--'-&J.""",,";'lds;,';'l-,,~:?l~~li_~llIli1IIliMlI_~'m:l<iI!&l1~~ ',>,- , ....;MiMtiiIi~iIiI~~~.---'<~.~ -- o C 4. "1:J(f! llj "):;;>() ~() J="'C '2: ~ c:) (:;) :J;': ? .-<. ~'-- co o .',1 .-' ~!':-n :'ll-C ~""h'fi -' ?i( . J'1i q~ o ::.! ~ -0 ::;: - r;? '" u.> ~"_~ "~I . - ~~- .._ "..---I 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 IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CNIL TERM, EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that the notice of the condemnation effected by the Declaration of Taking filed to the above term and number on May 8, 2000, was recorded in the office of the Recorder of Deeds oftbe above county in Book 643, Page(s) 1030. The condemnation book and page number, file number, or microfilm nurnber of any property plat filed or microfilmed separately frorn the said Notice of Condemnation is shown on the list of property condemned which is attached hereto. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION B District Right -of- W Engineering District - """,,,,,hlillilih>:h'_;, . . Page 1 080039 Cumberland S.0131~IlS U rAlIenT 00IS.A12 COMMONWEALTH OF PENNSYLVANIA OBPARTMENTOF TftANSPORTATION SCV,ElWLE QF Pl\OPElUY ~O~MNJt.Q . (Declaration of Taking) ~.OJ' DESCRI.lTION (). Deed Description . p. Plan lod..,d for _ordinl!: with Notice of Condemnation R. Plow record in Ree dr's (!) RW437( 10/99) Attaehed . Name. Malllna Address, Property Exhibit rareel Claim Interest ofCondemnees, and Number . Plan (lfany) Type of No. Number LocalioaoC Condemned 'reDertv (lfany) Deserintlon Recorded la 34 21000310000 Anna C. Smith, Single Woman R Cabinet 3, Drawer I 102 Cackleys Drive Page 130 Mechanlcsburg, PA 170055 Sheet #21, 26 . Lo1:ation of Property: Deed Book 141. Page 300 38 2/000420000 Unieo Corporation R Cabinet 3, Drawer 1 102 Village Drive Page 130 State College, PA 16803 Sheet #21, 28 Daniel D. Sabakian, CEO Location of Property Deed Book 8-34, Page 416 45 21000450000 Martha L, Mercurio and Frank Mercurio, R Cabinet 3, Drawer I Her Husband Page 130 911 Oettysburg Road SheetIl22,30 Meehan icsburg, PAl 7055 Location of Property Deed Book K.31, Page 672 62 21000530000 Eldllll F. Bert and Harriet B. Bert, R Cabinet 3, Drawer 1 As Tenants in Common and not as Tenants Page 130 by the entireties Sheet #23.32 P,O. Box 2015 594 Locust Lane, Messiah Village MechanlcSburg, PA 170055 Location of Propel'l)' Deed Book 8.34, Page 19\ 78 2/000600000 Michael R. Loa and Mary), Loa R Cabinet 3, Drawer 1 1776 Winler Haven Drive Page 130 Mechanlcsburg, PA 1700505 Sheet #23, 32 Location of Property Deed Book 198, Page 684 'd:'" "~l!jn!lM",d,t";~i\\!iimi'i,'f.J~uiii:jffi!l\~~H~I,liiliiw<.i:llli;;;hW"':i""),),,j!in-il~J",'l't~ ~ r-~,.;~J.'''l'Q' ~ L ~~j~ "~~- .~,~ ~iIiIIliJil~~I.A o S; -os,: /,._,U:'J ~: f~} r-:~ :..< Jf:t? .- ::.'3 , "', u::> o o o ., :g ;..:n ~0gr- .,) . :.:) :::;:1"")7 s,~fJ:H ~~ o 5:1 ::u -< ~ .",'""" :,~ .~< Co '\:) ~~~ "-,,;,, J~~ ~L ."lUl.""!ii;,,"'_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 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 mGHW AY IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PRELIMINARY OBJECTIONS OF UNlCO CORPORATION TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Condemnee, UNlCO Corporation, by and through its attorneys, Coyne & Coyne, P.C., and files the within Preliminary Objections to the Declaration of Taking pursuant to Section 406 of the Eminent Domain Act of 1964, as amended, and respectfully represents: 1. Condemnor is the Commonwealth of Pennsylvania, Department of Transportation (herein after "PennDOT"), 2. Condemnee is UNlCO Corporation (hereinafter "UNlCO"), a Pennsylvania corporation located with its corporate headquarters at 1 02 Village Drive, State College, Pennsylvania and is the record and fee simple owner of 'the premises located in Upper Allen Township, Cumberland County, Pennsylvania. 3. On June 28, 1989, UNlCO purchased the property at issue which had an approved land , development plan for commercial development from Lower Allen Township, 1 , ~ 4. On May 12, 2000, UNICO was served a notice of Declaration of Taking concerning their real estate generally referred to as 725 Lisburn Road, Mechanicsburg, Pennsylvania. 5. The Notice of Declaration provides for PennDOT to acquire a large portion ofUNICO's property for use as a right-of-way and temporary construction easement for the development of a "diamond interchange" between Lisburn Road and U.S. Route 15. 6. Mter UNICO purchased the property, UNICO listed the property for sale; however, at or about that time PennDOT announced that the intersection of Lisburn Road and U.S. Route 15 would be developed and redesigned and that a "Diamond Interchange" would be erected and, as such, UNICO's property be acquired or condemned by PennDOT in order for the interchange to be built. 7. Upon the announcement ofPennDOT's intended and impending condemnation, UNICO was unable to sell their property due to the adverse impact the planned and impending condemnation had upon any potential purchasers of this commercial property and of UNICO's own commercial development of the property. 8. In 1993, UNICO then approached PennDOT and requested PennDOT to consider a hardship acquisition of the commercially zoned property; however, PennDOT refused the request and instead stated that the property would be acquired in one or two years under normal acquisition procedures. 9. Rather than one or two years, PennDOT has only now, seven years later, begun the acquisition procedure. Meanwhile in those seven years, PennDOT has placed a cloud on UNICO's ability to sell their property since 1993 and has in effect acted as a taking of the property since that time without any just compensation offered until 2000. 2 -, ~I _,,",,"~,':", ~= J"," ~ '~~"",-. L'_ ,I "Iili'_~'_~-, 10. The proposed plan submitted by PennDOT completely land10cks UNlCO's property allowing for no point of access to or exit from the property and as such results in a flawed design and a defacto taking of the residual land without providing UNlCO with just compensation and therefore the plan does not properly describe the property which is actually being acquired by PennDOT in this dejure and defacto taking ofUNICO's property. 11. Since the formal filing of the declaration of taking, UNlCO has completed the application for the pro tanto payment of estimated just compensation; however, to date no payment has been forthcoming from PennDOT in accordance with the Eminent Domain Code. 12. UNlCO's property consists of two lots and upon one lot there exists a single family home which UNlCO has leased to tenants; however, prior to the Declaration of Taking being filed, PennDOT, unbeknownst to UNlCO, approached UNlCO's tenant and directed them to vacate UNlCO's property and made payment to the tenant's for their inconvenience. 13. UNlCO's tenants vacated the property at PennDOT's behest and therefore unilaterally terminated UNlCO's lease without UNlCO's permission. 14. PennDOT has failed to compensate UNlCO for the loss of rental value for the property which has been vacant since February 29, 2000 and UNlCO has been unable to rent the property since that time. 15. For the reasons set forth above, the said Declaration of Taking is void and of no effect whatsoever and as a result thereof, title to said premises shall be deemed to vest in UNlCO to the same extent as ifno Declaration of Taking had been filed. 3 ~, . ..~ j-, ~'K"" WHEREFORE, UNlCO Corporation prays your Honorable Court to enter an Order dismissing said Declaration of Taking, decreeing same to be void and of no effect whatsoever and further decreeing that title to said premises shall vest in UNlCO Corporation to the same extent as if no Declaration of Taking had been filed. Respectfully submitted: COYNE & COYNE, P.C. Date: 6 -Y-el1I By: Isa Marie Co e, Esquire 3901 Market treet Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Condemnee-Unico Corp. 4 ?'-' ". ~ r_1 ,._~;", 06/08/2066 11:.43 8142384102 UNlal LUBE MART PAGE 62 VE1lI11l'I.CATlON The fadS set forth in the foregoing are we lIIld c:orrec:t to the best of the UDdmigned's knowledge, infonnation and beIiet and are \'llriiied subject to 1I1e penalties ibr UI1JWOII1 f.ol.nt-.atiClll to lII1thorities lII1dtr 18 Pa. C.S.A.. ~ 4904. DlIted: (p - 1~ dO -- 5A~~ Of. >>~ clf(!(!. v". r:-u., UII/I (!o II . , ,r. ~ , '....1'_""-""-" CERTIFICATE OF SERVICE I, Lisa Marie Coyne, hereby certif'y that true copy of Condemnee's Preliminary Objections was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Stuart A. Liner, Esquire Assistant Counsel, Office of Chief Counsel Department of Transportation P.O. Box 8212 lIanisburg,PA 17105-8212 Dated: C - 8' - tTU -74:- . sa Marie Coyne, Es uire Pa. Supreme Ct. No. 53788 Attorney for Condemnee-- UNfCO Corporation 5 ~~~_~J~,;.~:,.~ilI*"~Eia";'Kt'i:1 ~ IlrtiJ.1L'~.-' ~~, ,~ ,"~- ,,~ . ~~ ._lIir~ ~"'" <:1 0 0 C 0 -n 5: ,- "_.~ 'vcr' ,- -or-: -,- !J:1rIi .::,---;; fTli~ ~- .Z-'-_I I _"IT! :Z'," -;:I~.J (f) ,,;:.: CO .-"- \ .-<..0;. ~Tl~; ~C) -0 )> 20 :--x S,j.O 0 T'$ :;~ rn )>c: z ~ :< +" -"-""~',~"'" "'.- ~.,-"~ ,~ "~. ,_. "" ~E. '" b ~- " " . " Jlf,"l!r"'-;,-~""""~,., # ... COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Christopher J. Clements, Asst. Counsel in-Charge Right of Way Section Supreme Court I.D. #44699 P. O. Box 8212 HARRISBURG, PA 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 UNICO CORPORATION, No. 00-2856 CNIL TERM Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS -- IN REM Defendant 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. Attorney for the Defendant ~";,~",,.....-Irk"< ~_ ~ .~ ~ iiII.rna:l"bl;)ili"~)'~' ~ . 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 UNICO CORPORATION, No. 00-2856 CIVIL TERM Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS -- IN REM Defendant CERTIFICATE OF SERVICE I certify that I am serving the foregoing document in the manner and upon the person as set forth below, which service satisfies the requirements ofPa.R.C.P. 440: BY FIRST CLASS MAIL: Lisa Marie Coyne, Esq. COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011,4227 OFFICE OF CHIEF COUNSEL Attorney for the Defendant Dated: June 12, 2000 _,,~,,"__J . ", ~,"~." '" I., _ - "< "~, -',". ~-- COMMONWEALTH OF PENNSVLV ANIA DEPARTMENT OF TRANSPORT A TION OFFICE OF CHIEF COUNSEL William J. Cresslet, Assistant Chief Counsel Right of Way Section Supreme Court LD.# 30549 P.O. Box 8212 HARRISBURG, PA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, 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 UNlCO CORPORATION, Plaintiff No. 00-2856 CIVIL TERM v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORT ATION, Defendant EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf ofthe condenmor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OFFICE OF CHIEF COUNSEL P.MSiZ hie ;1iP/lb By: t.JJV J 6.-91 William J. Cressler Assistant Chief Counsel Attorney for the Defendant ., M,,, t , ,:! ',1 c ~: , ~:i ", " , ;' i': j ~I :1 ~! ~.! I ,1 Ii ~'I I" I: 'I I '~~ . . , ~>i"""'''''''1f.;jillWWj.t;.1j~.<<~iIO~ij;i~.'I-l1,.-\'t"is,,"~''Woii~~,,~<;1ro.>tfi~~..lf il~ 1 " - -" , ~<- ,,,",,,,,.,< .<< ~ ~'^ < l>_ " .~ . ,_'Iid!"" .""'""....~~~i-I [} ? '1J!~'>; 2~ /i' EXi~' .~~S ;2~ ~'-; -'-::.' <:::l c;:, (-. -~ ;:.:!: () -n i'\'i. c"; ~:'f) s_~.J ;\.:, '- ~. _I ~_I -" ~ ""''''~IIl\j",; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court LD.# 50483 P.O. Box 8212 HARRISBURG, PA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONVv'EALTH 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 UNICO CORPORATION, Plaintiff No. 00-2856 CIVIL TERM 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 CHIEF COUNSEL By ~ . ... Donald J. Smith ' .. . Assistant Counsel Attorney for the Defendant ~""' ~'. '-I"....a~M~'''=tJ>''"~il1>ill~-liiI,~l'-lIilJ<1\H~'-~.,. , ~..._'~lliM,.~1' " - ~1?II1IIIiIiilij......~I!lil ~". o c:: 1:.?15 Dj'J:-~ 2f3:f. -,~ ---:-- L::: r::~ 3~J:: ~~ --< (~0 r.. .v Ce. C~ (.) -rl ;~.:= -:-':::,; ..c_ ,-'-';, c;; h ,f,-':-) l ~~J , :_'.,___J .e:5fa j;,! ':.0 "" __"""",""""",_l~ ~ " -- "oia.Jl... ,":'..] "', , COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL William J. Cressler, Assistant Chief Counsel Right of Way Section Supreme Court LD.# 30549 P.O. Box 8212 HARRISBURG, PA 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 WILLIAM R. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED and ANNA BIANCO, t/d/b/a ROTHMAN, SCHUBERT & REED, REALTORS, No. 00-2824 CIVIL TERM Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant, EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OFFICE OF CHIEF COUNSEL PlPCi9' rk Jf\cY1k! By: ~J.~ William 1. Cressler Assistant Chief Counsel Attorney for the Defendant ij"'....~:" ~WiltEii~~~t1llIl1l;ll~~...~mlii~~........."""'--t...."""""-"~ ..,,~..I- ,0,._, _H 1"_ _.:.... __"~ . d '""...;:.- OJ ~ ' - ~iIriillIili~-~~~~ = ." '.'"'1 () c- so ~~if' er:<'r," J,~~ ~::;:~:- ,~ J1{' -~ "'",' ,......, . ~'- 1\,) (.,j ."":r? ";~) a a .:) -,'I .::;:: :':;:: --., 'I_~. ':::(:1 . ~ ." ""'"'ooA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court LD.# 50483 P.O. Box 8212 HARRISBURG, PA 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 WILLIAM R. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED and ANNA BIANCO, Vd/b/a ROTHMAN, SCHUBERT & REED, REALTORS, No. 00-2824 CIVIL TERM Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant, EMINENT DOMAIN PROCEEDINGS - IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance of behalf ofthe condenmor, Connnonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. By: Donald J. Smit Assistant Counsel Attorney for the Defendant .,. ''''"'''''''''''~lIldl\t'-'''MiiI~~!il~i~~!tIli!:iiiill~ -~< -~ .~ L - .~ _ ,_" _ ~ m ~ _. . ,~ -~~ ~1IIlI!IiII8iIiI~''''' ' ~ ~ ~~ 0 c::' 0 c 0 -n $-: u 1.:)': S lTl f!"~ " ~ L.. "~ 2~ r 1',) co d;:: G,,:, -, ~~ - -,~.., c , () )~ C c...) ('\ :;;.-..:: '0 ;:;! -1 ~, -<- fv ~; - -....~-=.l,~l.......,,_"''''"'''' ""-'o~~ .. ~~~'''''"''''".\,, , " JUN 20 2000fSC 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 CNlL ACTION -- LAW UNlCO CORPORATION, Plaintiff No. 00-2856 CNlL TERM v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS--IN REM Defendant RULE TO SHOW CAUSE AND NOW, this 'loll day of June, 2000, upon review of the Defendant/Condemnor's Petition for Writ of Possession, a Rule is issued upon the PlaintifflCondemnee to show cause why possession should not be granted. Rule returnable for legal argument and the taking oftestimony or evidence, in the Court's discretion, with respect to the Writ of Possession is hereby scheduled for r .:2[' 2000, at r: 3tJ o'clock, tt.--m., in Court Room No. --!-, of the Cumberland County Courthouse, Carlisle, Pennsylvania. cc: Lisa Marie Coyne, Esq., Esq. Christopher J. Clements, Esq. ~y)~ (,~llo~ -!.<^ ,ow.. . ,-. . ,~ ^ ,-, ~"""~'L, 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 UNlCO CORPORATION, No. 00-2856 CIVIL TERM Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS -- IN REM Defendant ORDER AND NOW, this _ day of June, 2000, upon review of the Defendant/Condemnor's Petition for Writ of Possession, the Court enters the following: 1. That the Plaintiffs/Condemnees herein have both applied for and are in receipt of their payment of estimated just compensation in this case. 2. That the preliminary objections filed in this case are not of the type warranting delay. AND NOW, WHEREFORE, the request of the Defendant/Condemnor for possession is GRANTED, subject to the following: ,,,," ._.L_,.. ~~ r -." .- """'._"''''''...'''~'-''''''' . 1. That the Defendant/Condemnor has the inunediate right to possession of the lands as indicated on the Defendant/Condemnor's recorded right of way plan, subject only to a rnodification of said plans to either require access to a landlocked parcel, or to effectuate a total taking of the same, through the process of ascertaining whether an alleged de facto taking has occurred. 2. The parties hereto shall retain all claims and defenses with regard to the issue of the alleged de facto taking. BY THE COURT, cc: Lisa Marie Coyne, Esq., Esq. Christopher J. Clernents, Esq. 2 - " ".' ~~. ~ ~', ~~~l&!l...<."" . COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL By: Christopher J. Clements Assistant Counsel in-Charge Supreme Court LD.# 44699 P. O. Box 8211 Harrisburg, PA 17105-8211 (717) 787-3118 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 UNlCO CORPORATION, No. 00-2856 CIVIL TERM Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS--IN REM Defendant PETITION FOR WRIT OF POSSESSION AND NOW, to wit, this 20TII day of June, 2000, the Commonwealth of Pennsylvania, Department of Transportation, defendant and condemnor, by its attorney, Christopher J. Clements, Assistant Counsel in-Charge, Right of Way Section, respectfully represents as follows: 1 ~. o ~ , . "~ -~.t_'IOli\\ll-lO,"'k"_ 1. On May 8, 2000, the condemnor filed a Declaration of Taking in the above- captioned matter. 2. On or about June 8, 2000, UNlCO Corporation, plaintiff and condemnee in this matter, filed preliminary objections to the declaration of taking. 3. In their preliminary objections, at para. 11, the condemnee acknowledged that it has "completed the application" to the condemnor for a payment pro tanto (known in the Commonwealth as an offer of estimated just compensation). 4. Department records validate this fact, showing that the condemnee has applied for estimated just cornpensation in the amount of $99,500.00. See Exhibit A. Counsel for the condemnee has admitted to the Court this date that the condemnee has this payment in its possessIOn. 5. Legal title to property condemned under the Eminent Domain Code vests in the condemnor at the time a declaration of taking is filed. 26 P.S. ~1-406. The condemnee has alleged a de facto taking prior to the filing of the declaration of taking in this case, a fact which the condemnor disputes. Caselaw indicates that the condemnee rnust file preliminary objections in such an instance at the risk of waiver. Nelis v. Redevelopment Authoritv of Alleghenv County, 315 A.2d 893 (Pa.Crnwlth., 1974). In either event, however, the condemnor has acquired legal title and has a right to possession upon payment of the estimated just 2 . " "M ~ -. ~ . < ~ ~. ,,,,-,,~_. ~ compensation. 26 P.S. ~1-407. 6. Caselaw provides that not all preliminary objections warrant delay. West Whiteland Associates v. Department of Transportation, 690 A.2d 1266 (Pa.Cmwlth., 1997). The preliminary objections in this case that have colorable merit (de facto taking prior to the filing of a declaration of taking), even if subsequently proved, do not warrant delay but, instead, "would require nothing more than correction of the plot plans and property plat". [d. 690 A.2d at 1270. 7. The remaining grounds for preliminary objection are specious and entirely without merit: a. Flawed Highway Design -- The condemnee cannot prove, and has even failed to allege, fraud, bad faith and capriciousness, arbitrariness or unreasonableness sufficient to permit this Court to interfere with the choice of design to be taken by required right of way under the exercise of eminent domain. In Re Condemnation bv Penn Township, 702 A.2d 614,618 (Pa.Cmwlth., 1997). b. Pursuit of Relocation of Residential Tenants/Payment for "Lost Rents" -- This issue refers to matters collateral to the right and power to acquire property, see Hegedic v. Department of Transportation, 304 A.2d 181 (Pa.Cmwlth., 1973), as well as to issues relating to the ultimate issue of a determination of just compensation, In Re Condemnation bv Penn Township, 702 A.2d at 617 n.2, both of which are beyond the scope of preliminary objections under the Eminent Domain Code. 3 "W~"~.J "_ .""->0 ~ . L ,J-,," ~ WHEREFORE, for all of the foregoing reasons, since the condemnee has applied for and received its payment of just compensation in this case, and since the preliminary objections are not of the type warranting delay, the Commonwealth of Pennsylvania, Department of Transportation, respectfully requests this Honorable Court to enter the attached order granting to the Department possession of the condemned property as indicated on the Department's recorded right of plan, subject only to a modification of said plans to either require access to a landlocked parcel, or to effectuate a total taking of the same, through the process of ascertaining whether a de facto taking has occurred, the parties retaining all claims and defenses with regard to such Issue. Respectfully submitted, Attorney for the CondeInnor 4 ","-i~~~>~. " J ~ ~~." _~. ... 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 CNIL ACTION -- LAW WILLIAM R. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED and ANNA BIANCO, tJd/b/a ROTHMAN, SCHUBERT & REED, REALTORS, No. 00-2824 CNIL TERM Plaintiffs v. COMMONWEALTII OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS -- IN REM Defendant CERTIFICATE OF SERVICE I certify that I am serving the foregoing document in the rnanner and upon the person as set forth below, which service satisfies the requirements ofPa.R.C.P. 440: BY FIRST CLASS MAIL: Lisa Marie Coyne, Esq. COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 OFFICE OF CHIEF COUNSEL By: Attorney for the Defendant Dated: June 20, 2000 - w;<,~"""",v,, ;,;"~" L ~, "'''''''_''' i *' r RW448 (07199\ , N. R ule-S laimN Claimant Unico Corporation APPLI"''''<llI FfIII (9 PA YMEN'tOF ES~TED .ruST COMPENSATION i~. I !i i, T' Property Address ns Usbum Rd. Mec:hanicsburg, Penna. 11055 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORT ATlON. OF RIGHT OF WAY FOR STATE ROUTE llOlS. SECTION A 12. A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 28S6-CIVn. EMlNENT DOMAIN PROCEEDINGS Dale of Application: I1Ay 2- 'i, U1 00 I I I. Application is hereby made for payment of Ninety Nine Thousand Five Hundred Dollars and 001100. ($99,soo) DolllUS, the amount estimated by the COMMONWEALTH to constitute just compensation for damages which will accrue to the above property (or the interest of the APPLICANT(S) therein) as a result of lhe above condemnatiOl1. In aa:ordance with Section 407 of the Eminent Domain Code of 1964, the aforesaid payment will be made and received without prejudice to the rights of either the COMMONWEALTH or the APPLICANT(S) to proceed to a final determination of just compensation by filing a petition for the appotJltment of viewers within five yean of the date of this payment. , The payment shall be considered only as payment pro-tanto of just compensation as finally determined, it being understood that the COMMONWEALTH shall pay to the APPUCANT(S) the difference between the aforesaid amount and any higher amount which may be finally determined. 2. The COMMONWEALTH does not require actual physical possession of the propeny until either thestarl of consllUction or written notice that possession is required (whichever occurs earlier) and until such time, APPUCANT(S) remain(s) in possession with the right to use the propeny in such manner as will not result in physical or other change to the contoUr or nature of the propeny, further APPLICANT(S) shall not erect or install any improvements on lhe property, INDIVIDUAL I PARTNERSHIP Witness (SEAL) Witness (SEAL) Witness (SEAL) Witness (SEAL) CORPORATION, ASSOCIATION, CLUB, ETC. I attest to the signature of the officer who has executed this agreement and certify that executlon hereof has been duly authorized by the BOAr& 0;' J>l (C~ro...s BOARD OF DIREcrORS. MAJORITY VOTE OF ASSOC.. ETC. of Unico Corporation CORPORA'l1ON. ASSOCIATION. CLUB. ETC. --?l7~~JA A~/~_ Secretary (SEALl -- tD~_ EXHIBIT ")A,.".,,- .1 Uh "" """- President A. ~lijjl_Iii~~l~~!1,l&iliruiJ!ll~!i,k~~~!llI'\ .- he ~ ~ '.... 1,,-'.. ',..._._.~~.j"",~~~ llll_~.f"nl'~ o !:::; -oFi~ n1;=';':; 2:1-' &3~- --:,-""'.0 ~CJ p- ~(, ~~C Pc' :z: :<,1 ~~ C) C) ;= 1'0 C --:;:1 ,~""'+=--- ',. -~....~~ .-.- ~ _~N __m .-. - -, ~'--liHi\ill'~""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 UNICO CORPORATION, Plaintiff No. 00-2856 CIVIL TERM v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS--IN REM Defendant ORDER AND NOW, this ;y; /~ay of June, 2000, upon review of the Defendant/Condemnor's Petition for Rule to Show Cause and Motion for Expedited Hearing, a Rule is issued upon the PlaintifflCondemnee to show cause why the preliminary objections should not be dismissed and the motion for expedited hearing is GRANTED. Rule returnable and hearing with respect to the Preliminary Objections is hereby scheduled for 9'~ ;;l f"' ,2000, at 7: 3d o'clock, tt..-m., in Court Roorn No. I ,of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~~~I\O~ cc: Lisa Marie Coyne, Esq., Esq. Christopher J. Clements, Esq. ~ f. ~_ ~~~~~ 0': nn ,.n) j"'.\") ) ~ U;'; -L 1 l[ARY ";0. I,? , L" "".... C' ",'" ,'. " (',"'! If"" UIVlL:Jc:.hU',i'-,iU '~i...ivl'i: I PENNSYL\/N,I!A ~ ~W__"'I or,,_., ~ ~" ,~" " ~. 'lI~_l'/II!!_ _l,ilJlJ"~,1!I! ,."lWJ'ififw--*,,"p~;m,"_m,~_~~, . 1@!~~~~~JI'iI"l.l1"fll!Qllf~ -~. =- ~ ~.~ ~ -, .. ~~, : ~ J~~1"i" COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHiEF COUNSEL By: Christopher J. Clements Assistant Counsel in-Charge Supreme Court LD.# 44699 P. O. Box 8212 Harrisburg, PA 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 CNIL ACTION -- LAW UNICO CORPORATION, No. 00-2856 CNIL TERM Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS--IN REM Defendant CONDEMNOR'S PETITION FOR RULE TO SHOW CAUSE WHY PRELIMINARY OBJECTIONS SHOULD NOT BE DISMISSED: MOTION FOR EXPEDITED HEARING AND NOW, to wit, this 12th day of June, 2000, the Commonwealth of Pennsylvania, Department of Transportation, defendant and condemnor, by its attorney, Christopher J. Clements, Assistant Counsel in-Charge, Right of Way Section, respectfully represents as follows: 1 11 - ~~ -' -=,,<,'~= ~~ " "~ -.,,~~,@;~ Count I. Petition for Rule to Show Cause. 1. On May 8, 2000, the condemnor filed a Declaration of Taking in the above- captioned matter, attached hereto and made a part hereof as Exhibit A. 2. On or about June 8, 2000, UNICO Corporation, plaintiff and condemnee in this matter, filed preliminary objections to the declaration of taking alleging, inter alia: a. That certain pre-condemnation activities related to highway planning conducted by the condemnor invalidate the declaration of taking (see paras. 6-9); b. That certain pre-condemnation activities related to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. ~4601 et seq., conducted by the condemnor in relation to a residential tenant of the condemnee invalidate the declaration of taking (see paras. 12-14); c. That the condemnor has failed to pay just compensation for the taking and that, therefore, the declaration of taking is invalid (see paras. 10, 14); and d. That the condemnor has yet to pay to the condemnee a pro tanto payment (known in the Commonwealth as an offer of estimated just compensation) even though the condemnee "has completed the application" for the same (see para. 11) 3. To the extent that the condemnee raises facts relevant to the condemnor's pre- condemnation planning activities (paras. 6-9), preliminary objections must be dismissed as the 2 -- ...~ .--""'~" . -- , ~ " ,,~"'"~""'. .. "~~.....,' ~QlWil!;li;~,' condemnee's sole remedy is to file a petition for a board of view alleging a de facto taking pursuant to Section 502(e) of the Eminent Domain Code of 1964, as amended, 26 P.S. ~I,502(e). It must be noted that the condemnee does not assert an "excessive" taking oftoo much land but, instead, seems to assert that the condemnor should have effected a total taking of all of its land. This is, as well, an improper basis for preliminary objections since it represents 1) a design engineering issue properly within the administrative discretion of the condemnor; and 2) an issue for which an adequate remedy for just compensation exists to the extent that the condemnee can file a petition for a board of view under the Eminent Domain Code. See 26 P.S. ~1-502. 4. To the extent that the condemnee has set forth various challenges based upon the issue of relocation assistance to a residential tenant, the scope of preliminary objections under the Eminent Domain Code is limited, 26 P.S. ~1,406, and challenges to issues relating to relocation assistance are collateral and do not go to the power and right to condemn under the Eminent Domain Code, as a matter of law. Accordingly, these allegations are legally irrelevant and preliminary objections based upon this issue must be dismissed. Furthermore, any issue concerning lost rental income constitutes a matter concerning just cornpensation and is beyond the scope of preliminary objections under the Code. 5. To the extent that the condemnee challenges the adequacy of just compensation, the scope of preliminary objections under the Erninent Domain Code is limited, 26 P .S. ~ 1-406, and challenges to the adequacy of the just compensation offered by a condemnor are not proper preliminary objections as a matter oflaw. Condemnee's constitutional rights to just 3 .-,~%;:'\ compensation are adequately protected by the right to petition for a board of view under the Eminent Dornain Code. See 26 P.S. ~1,502. 6. Finally, as alleged in para. 11, the condemnee has applied for estimated just compensation and the matter has been placed in-line for payment in the amount of $99,500.00. See Exhibit B. Astoundingly, said application is actually legally inconsistent with the filing of preliminary objections challenging the declaration of taking and seeking to divest the condemnor of legal title! Quite obviously, the condemnee's application for payment pro tanto is evidence of the condemnee's desire to relinquish possession of the condemned lands to the condemnor, pursuant to Section 407 ofthe Eminent Domain Code, 26 P.S. ~1-407. Such conduct is rnore consistent with a petition for a board of view alleging a de facto condemnation then the filing of preliminary objections to a declaration of taking and actually amounts to an admission by the condemnee that its preliminary objections are without merit.. Count II. Motion for Expedited Hearing 7. Paragraphs 1 through 6, above, are incorporated by reference herein and made a part hereof. 8. Section 406(e) of the Eminent Domain Code, 26 P.S. ~1-406(e), provides that the court shall determine promptly all preliminary objections to a declaration of taking. 4 . ,~~,~ - ~_.. , . .......~ = ~ ~' Jl.iaII "4~.\cL'p 9. The condemnor is ready to move toward the construction of a major and much- needed transportation safety improvement project at the intersection of Lisbum Road and S.R. 0015 by the end ofJune, 2000. 10. Time is of the essence, since highway construction projects in the Commonwealth are impacted by seasonal conditions. The letting date is June 29, 2000; a highway project cannot be let while preliminary objections are pending. 11. Preliminary objections delay possession of property needed for the project and, consequently, potentially result in the loss if an entire construction season, leading to cost over- runs and, more critically, unnecessarily depriving the public of a timely and much-needed transportation safety improvement project. 12. Condemnee has little likelihood ofsuccess on the rnerits of the within preliminary objections, as they are beyond the scope of proper preliminary objections under the Code and constitute, primarily, a disagreement as to the amount of just compensation owed. The condemnee has an adequate remedy of a petition for a board of view on this issue and, otherwise, will not be prejudiced in any way by a prompt rule to show cause and expedited hearing. 13. The condemnor will provide all facts and data relevant to the highway design impacting the condemnee's property promptly at the request of the condemnee and is prepared to produce the same at a prompt hearing along with all necessary witnesses. 5 O',iil! ,~-" -~ ~_"",..., . ~ "~....,..,.""" ,-~ ~ "~". -, ~ "o.~' _ ."'~, = WHEREFORE, for all of the foregoing reasons, the Commonwealth of Pennsylvania, Department of Transportation, condemnor respectfully requests this Honorable Court to promptly issue a rule to show cause upon the condemnee as to why the preliminary objections should not be disrnissed, and to grant the Department's motion for an expedited hearing scheduling the same promptly for review by the Court. Respectfully subrnitted, Attorney for the Condemnor 6 _b ~-.~'(1Y'" ...~ - "" ...llllIlttl "" '-. " '~i~1iili!"m\'iM!!"" 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 UNlCO CORPORATION, Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION " LAW No. 00-2856 CIVIL TERM EMINENT DOMAlN PROCEEDINGS -- IN REM CERTIFICATE OF SERVICE I certify that I am serving the foregoing document in the manner and upon the person as set forth below, which service satisfies the requirements ofPa.R.C.P. 440: BY FIRST CLASS MAIL: Lisa Marie Coyne, Esq. COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011,4227 Dated: June 12, 2000 Attorney for the Defendant "~" - _"W~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE NO. <J1) ,:2. f ~ ~ (.......... 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 EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING o ~; l"JC'_,-,: ~t) TO THE HONORABLE, THE JUDGES OF THE SAID COURT: --;' ~: '-" , ~'-", This Declaration of Taking, based on the provisions of Article IV, SectiiJ~?~02,;;! ::2 <0 the Eminent Dornain 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. EXHIBIT~ '-., ,~,.,,~< ~',~ ~ (~ <.::) o "11 :;:! ;;i;g ,.--,~n .:., l'j _- ~ I '-.;?~~ ( )_M ;~:jf~ :::.., .-!>- ':D -< ~ ._0">>- ~ -.< I co -<:) ~ -',,",j -- -~ ,-~ ,~ - - ~k.',' 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 Authorizing Acquisition of Right-of-Way for State Route 0015, Section All. RJW 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 and temporary constuction easements. 9. In the event there are recoverable minerals (including gas and oil) within . the areas, if any, hereby condemned in fee simple, the rnineral 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 frorn the surface of such areas for removal purposes will be allowed without permission frorn the Commonwealth. "(":[;1" ~ ~ ><='-' - . \ 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, Right of Way and Utilities Division, of the Department of Transportation, do hereby depose, swear and affrrm 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 and temporary constuction easements are hereby condemned frorn the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. er,P.E., of Way and Utilities Division . -~ ~ lC::-;;;;c,- i ,"'C"~-"","'~,,,-1- ..~~ "~. ,~ ,. "j",_iIl'OI- ~m ~- ~ Il!lIlIillm - M~" . .,.."",~~~ ',>,,_ RW437 (10/99) COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D. Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Pag!e 1 (!) '1.~ _ ,?'" Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Nnmber "Type of Plan (if any) No. Number Location of Condemned Property (if any) Description Recorded in 34 2 I 0003 10000 Anna C. Smith, Single Woman R Cabinet 3, Drawer I 102 Cockleys Drive Page 13 0 Mechanicsburg, P A 17055 Sheet #21 , 26 Location of Property: Deed Book 141, Page 300 38 21000420000 Unico Corporation R Cabinet 3, Drawer I 102 Village Drive Page 130 State College, P A 16803 Sheet#21, 28 Daniel D. Sahakian, CEO , , Location of Property Deed Book B-34, Page 416 45 21000450000 Martha L. Mercurio and Frank Mercurio, R Cabinet 3, Drawer I Her Husband Page 130 911 Gettysburg Road Sheet #22, 30 Mechanicsburg, PA 17055 Location of Property Deed Book K.31, Page 672 62 21000530000 Eldon F. Bert and Harriet B. Bert, B;W R Cabinet 3, Drawer I As Tenants in Common and not as Tenants Page 130 by the entireties , Sheet #23. 32 P.O. Box 2015 594 Locust Lane, Messiah Village , Mechanicsburg, PA 17055 Location of Property , Deed Book B,34, Page 191 78 21000600000 Michael R. Loe and Mary J. Loe I B;W R Cabinet 3, Drawer I 1776 Winter Haven Drive Page 130 Mechanicsburg, P A 17055 Sheet #23, 32 Location of Property Deed Book 198, Page 684 ,. ;,~_I_ ,"~". ,~ ~M -"""'~..o" RW448 (07199) R Pro' Co ro', N . Route- laimNo. Claimant 20 Unicu CotpOration Prupeny Address 725lisbum Rd. Mechanicsburg. Penna. 17055 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION. OF RIOHT OF WAY FOR STATE ROUTE 0015. SECTION A12. A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN "" ~ ~, ~". ~ """""lh1J ..'," 'l'l1" ': ~ r ...,..CAnOl! roB 0 PAYMENT OF ESTIMATED .ruST COMPEl\{~TION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2856-CIVn. EMINENT DOMAIN PROCEEDINGS Dale of Application: hAy Z, 'I, UJ 00 1. Application is hereby made for payment of Ninety Nine Thousand Five Hundred Dollars and 00/100. ($99.500) Dollars, the amount estimated by the COMMONWEALTH to constitute just compensation for damages which will ac:crue to the above property (or the interest of the APPLICANT(S) therein) as a result of the above condemnation. In accordance with Section 407 of the Eminent Domain Code of 1964. the aforesaid payment will be made and received without prejudice to the rights of either the COMMONWEALTH or the APPLlCAm(S) to proceed to a final determination of just compensation by filing a petition for the appoijltment of viewers within fi ve years of the date of this payment. The payment shall be considered only as payment pro-tanto of just compensation as finally determined. it being understood that the COMMONWEALTH shall pay to the APPLlCANT(S) the difference between the aforesaid amount and any higher amount which may be finally detennined. 2. The COMMONWEALTH does not require actual physical possession of the property until either the start of constnlction or written notice that possession is required (whichever occurs earlier) and until such time. APPLiCANT(S) remain(s) in possession with the right to use the property in such manner as will not result in physical or other change to the contour or nature of the property. further APPLlCANT(S) shall not erect or install any improvements on the property. Witness INDIVIDUAL I PARTNERSHIP (SEAL) Witness (SEAL) Witness Witness (SEAL) (SEAL) CORPORATION, ASSOCIATION, CLUB, ETC. I attest to the signature of the officer who has executed this agreement and certify that execuIion hereof has been duly authorized by the Boa-r& 0;' .])\ (tt...ro.-;S BOARD OF DIRECTORS. MAJORITY VOTE OF ASSOC.. ETC, -:1/~7~J" , /Ji/~~ Secretary (SI!AL) EXHIBIT of Unwo Corporation CORPORATION. ASSOCIATION. CLUB. ETC, )J,~- J, Uh oJ I ...... President &. J)~_ -, _ --<d_""'--......"'""~'''''''''"~_~'~ """ , ,~- " ~' <e' "(f!h'ilUlliilillJlilIlI-' l"j_~ij~~t;-., '" ~oJ. , 5/~r?o 0 REQUEST FOR VENDOR nwORMADON ' Sabsdtat. fOnD W-' C-9W X (U-98) COMPTROLLER'S omCE DEPAaTMENTOF TRAHSPORTATION 8A1UUSB1JJlG, PA 1'7101-1900 (717)783-1717 PLEASE READ THE INSTRUCTIONS PROVIDED ON THE REVERSE SIDE BEFORE COMPLE'IING TBIS FORo"!. , A. i Taxpayer fdealificaliOll NIIDIbcr: Social Security NlIIDber: ___ - _ _ - _ ___ . ' or Employer fdelllificeuoo NIIDIbcr: .sa 1- . ..Q..1.1:...J.. ~~~ B. Name: Buill... NlIIIIe: . . UNIGO Corpl)(o...T\<ll~' \01..- J\\'Cl~ Or:..r~ C. Address: Cil)': SI~L Co I k~ State:.tL ZlPCode:.L~.1..~l.____ D. Telephone: (RLY:-)~:i:L- S..Q...9..2. FAX: (.!l...::L)~3.~...!:LJ.....2.. 'Z.- 5. Are you a Qualified Small Business Concern? Q Ves )'rNo f. Are you a Certified ~linoril)' Business Enterprise/Women Business Enterprise? Q Ves ~\fo G. Vendor Type (Check One): Q Individual Q Pat1nenhip ')ilCorporation Q Corporation Providing Medical or Health Care Services Q Corporation Providing Legal Services Q Sole Proprietorship a Government Agency, Board, Commission Q F inanciallllstitulion a Other H. Certification: Under penalties of peljUl)'. I certify that the number shown on this form is my cOllfecttaxpayer identification number. Title: - j<..-Ce.c.. V.P. ~ Date: s- 1..'2.- co signature~h /nIo'\.G-o .;;.l .",~'n~'=,,- I ~ L _~ ~ ~ ~ ~"'"" "~ Rill ,,"'.......,..~~J1l;.1-),f!,W,"ti:""i' '. " -.;;,) ,. RWQ43 (07JQQ) COMMONWEALm or PENNSYLVANIA DEPARTMENT OFTllANSPORTATION 3 REMIS Proj. No. 080039 County Cumberlalld Fed. Proj. No. QOS-Ol31-1l5 Route-Sec, OOlS-Al2 Parcel No. l8 Claim No. Claimant's F.I.D. ;':"-UllllJ:l"" Claimant Unico Corporation PAYMENT TRANSMITTAL Date: ~C/tl~ To: Chief Right-of-Way and Utilities Division P.O. Box 3362 - Forum Place 7'" Floor Harrisburg, FA 17101-3362 From: Right-of-Way Admini~alor ~i~,iS.'C,' ",T,'.O , ": Cost lerill Function Description Ccide No. Pay No. A_at 1111 Amt Alloc'D for .Severance 1 08R039 0094 S 7.000.00 1103 Real Estate Tax froratiou 1 08R039 0094 $ . 91.62 1101 Payment to Clmtof E.J.e. 1 08R039 0094 $92.500.00 $ $ , S , $ , .' , $. , . $ Total $99.591.62 Attachments: R/\o1-448. 313. 3UT ad 918 Agent's Name: Michael E. Foutl Telephone: 7-5035 Comments: Mail check to: Unico Corporation 10l V!11_5_ D~~v~ State College. PA .6803 ATTN: Thomas L. Daley. Exec. Vice-President -'"'~"'~""""~''"-~'~'> ~ --~. -" V~I5'" r ~ RW313 (0199) COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOP TRANSPORTATION IoU Estimated Just Comoensallon o REMIS Proj No 080039 Counly Cumberland ' Fed. Proj. No. n05-0131-115 Roule-Sec. 0015-A12 Claim No. ' 21000420000 Claimant U nico Corporation SETTLEMENT STATEMENT PROJECTED DISTRIBUTION DATE Date: ,j.z.y'-oc> ADDRESS OF CLAIMANT(S) LOCATION (ADDRESS) OF PROPERTY CLAIMANT'S AlTORNEY AND ADDRESS 102 Village Drive 72S Lisbum Rd. State College, Pa. 16803 Me.hanicsburg, Penna. 17055 , EsIimated Just Compensation Commonwealth's Pro-Rata Share of Current Realty Taxes Mortgage Pfe,Payment Penalty Mortgage Sati.faction Fee Actual $99,500.00 591.62 Less Monies Previously Paid Less Monies Credited for Owner Retained llems Withheld Pending Building Removal by Owner Total Available for Distribution CHARGES: , Mortgage(s): Mortgagee: Principal: Interest (to dale: Pre-Payment Penalty*: Satisfaction Fee*: Unpaid Current Taxes: Claimant(s) Pro,Rata Share Commonwealth's Pro-Rata Share* $99,591.62 ,TOTAL Liens and/or Delinquent Taxes and Municipal Claims: Judgment(s): TOTAL CHARGES 0.00 .Paid by Pennsylvania Denarunent of Trans"ortalion Minus TotaJ.Charges BalaneeDue C1aim8Dt(s) $99,591.62 ,'_'~->>"~.L~"~" ~ > ~. ! :~~f~ s '" i6~iID Q ... '1,.,!!jID ~ jl~; ! [;l m;l~ '~ %...lOl~ ......8 8'~~i II!: g ;f '@ :;: o ,.. < '1 "". CD (:) '" '" [ J ~ g g ~t" N ... . i n ~ $~ tl>lOl o 0 ~~ o Q 11 t;; ~ ~~ o 0 'OiCf.l a'\ G'l :eta ~ ~ Ol .., .., liil ... I-' nitS 000 ~ ~ ~ o 0 g g g i! ... '" ... ~ .. .. .. ,"""' "'"' W '~ .,., .r:io ~ ,..,.. ......... . '1\,) N N 000 ... .... ....,!l ~ ~ g ~~ ~~~ ~~ ~ ~ ... ,., ~ t:l rn ~ ld '" gj ~ ... 8 000 000 000 '1.0 \0 \C '" '" '" .. .. ,.. ., ., ., Ul Ul Ul .. .. .. .. .... o .. N o n ~ 1iJ o ~ ~ ~ ,., ~ i S ~ [;J i3~ Ole: ~: 3~ ~i ~~ 2~ to !Ii'" ... o~ ! : ! ~i ON.. '" N ~~t:lil ",...)0 ~5~~ !~~ ~~~... 8t"!i! Q ~ ~ di ~~~[;l ~~~ ~..~ 3li:i~ .. OJ ... ... '" ~ ~ o o o ~ '" ... ... '" '" '" '" Ul Ul \0<(1).(1)1,0 ....001---" 0\000\ t.JOOe..> Ii! ~h lOi8m -l:l8l :'i~ en g ~ ~ ~ jS I~ [;l ; I ~ "' i ~ ... I ~. ~ ~! 82'.: ~e ~B ~i 8 ~~~ ~I ;e,lil" ~I tolOi - . I>l II> ~~~ j l>>~[;J r:l 6~~ ~~~ 000 "n" Ul .................. (\),tv~ UlUlUl .................. 000 000 1.......- j! liiIuo '" ... 8~ ... Q~ ~.. "0 CD "'0 00 '1 i!!l ,.,~ ..... ~.~ 9.. o "'CD "'111 00 0'" 0'" .. "'11> glii o 015 .. o o h fila ..... l:l "0 o ..,'" .... o "'''' "'... :~ CD '''' 0)0 g~ r;;8lil::llil... 8 ;glil!!ia~,., ~ ~~b~~ ~~OM 0 i\Il~;!!il"'~ 0 !!!cs::l",lJ:;j ~ ~&l~~i: ~ gJ~~~ ~ ~ ~i~d~ !~ t~~I"'~ ~~ 11~.;i ~~ ~~~ni ~~ "'~~~I ~e I~~~ I '~;.,Iii.~;"'-_ .> ~ I ~ ~ ~ ~ "' ~ , 8 ... oi 8 :l! '" I ~ iil~ ~~ d ~5 :~ ;!;o ~i Ul (3 ~ ~ ... o I!: I ~ i ~ ... ~ .... .M" " ~ "" . , o _~ ._~ k>>i.lill ~"= - - ~-'- -j: lWf.313T("IS4) COMMONWEALTH OF PENNSYLVAN(A IlEl'ARTMINT QF TRANSPORTATION 11;> S;',; 1J- :J PRORATION OF REAL ESTATE TAXES /()(I D'I2<> ''''I CLAIMANT f.,(_~" <=;;, . ,,~- (COMMONWEALTH'S SHARE) DATE OF EXECUTION OF DEED OR DECLARATION OF TAKING S- 8. 00 - DATE OF POSSESSION 1. MUNICIPAL OR TOWNSHIP TAXES (CALENDAR YEAR . JANUARY 1 THRU DECEMBER 31) OS XF XMS =XS BS 2. COUNTY TAXES (CALENDAR YEAR. JANUARY 1 THRU DECEMBER 31) OS 1'fr )t?o. X F . ''19 X M $ 7J.j. '1(1 B S I DI:J, ()t)" , ' =xs 'I'I.f1 3. SCHOO L TAXES D S 79. j"". 8 $106,' "F.,. '(FISCAL YEAR. JULY 1 THRU JUNE 30) X F ./ '15"' X M S .3.5'1. .Bo = XS '11,/3 TOTAL OF COMMONWEALTH'S SHARE OF REAL ESTATET AXES..............................$ 11. {;.. '/2.. #rf? '/,~'l.. COMPUTED BY . In counties where school taxes are normally calculated on a calendar year, or if school districts of 2nd, 3rd or 4th class have voted to change the tax year to the calendar year, all taxes should be combined in equation #1. NOli: FOR TOTAL TAKES. E~IMINATe Q. IN THE EQUATION. S SYMBOLS D = DAMAGES. (TAKEN FROM PAGE 1 OF APPROVED APPRAISAL) B = BEFORE VALUE (TAKEN FROM PAGE 1 OF APPROVED APPRAISAL) F = FACTOR FOR R&! OF DEED OF EASEMENT. DECLARATION OF TAKING, OR POSSESSlON. WHICHEVER IS EARLIER, FROM THE APPROPRIATE FACTOR T,\BLE M = TOTAL AMOUNT OF MUNICIPAL OR TOWNSHIP TAXES C = TOTAL AMOUNT OF COUNTY TAXES S = TOTAL AMOUNT OF SCHOOL TAXES X = COMMONWEALTH'S SHARE OF MUNICIPAL OR TOWNSHIP TAXES. Y = COMMONWEAL TH'S SHARE OF COUNTY TAXES. Z = COMMONWEALTH'S SHARE OF SCHOOL TAXES. EXHIBIT NO.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL V ANlA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL V ANlA, 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 PRELIMINARY OBJECTIONS OF WILLIAM R. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED AND ANNA BIANCO, t/dlb/a : ROTHMAN, SCHUBERT & REED, REALTORS NO. 00-2824 EMINENT DOMAIN PROCEEDINGS - IN REM PRELIMINARY OBJECTIONS OF UNICO CORPORATION NO. 00-2856 CERTIFICATE OF SERVICE I certify that I am serving the Praecipes for Appearance filed on behalf of condemnor on June 23, 2000 in the manner and upon the person as set forth below, which service satisfies the requirements ofPa. R.C.P. 440: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, P A 17011-4227 ?L~SSP~L Ijv-f.G: . <~dI:..~/ . BY FIRST CLASS MAlL: OFFICE OF CHIEF COl.. ~ By: Donald J. Smith " , Assistant Counsel - Attorney for the CondeInnor Dated: June 27, 2000 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 PRELIMINARY OBJECTIONS OF WILLIAM R ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED AND ANNA BIANCO, t/dlb/a : ROTHMAN, SCHUBERT & REED, REALTORS NO. 00-2824 EMINENT DOMAIN PROCEEDINGS - IN REM PRELIMINARY OBJECTIONS OF UNICO CORPORATION NO. 00-2856 CERTIFICATE OF SERVICE I certify that I am serving the Praecipes for Appearance filed on behalf of condemnor on June 23, 2000 in the manner and upon the person as set forth below, which service satisfies the requirements ofPa. RC.P. 440: BY FIRST CLASS MAIL: Lisa Marie Coyne, Esquire COYNE & COYNE, P.c. 3901 Market Street Camp Hill, PA 17011-4227 OFFICE OF CHIEF COUNSEL B~ ~~ Donald J. Smith Assistant Counsel Attorney for the Condemnor Dated: June 27, 2000 ;;~i.J__,m:. - ,- ,"'__'''-,',_'., ". '7'"""_;~,, ~= --",<-" -~<; . "'. -" .,' _h ~_, ~ 0 0 0- -n '- :~~ ~ c:: :;e: ~; N ']?iTl -.j ;"6 0 -J~ ~o :>>- :J... -+t ~8 :x 00 ? 0'" ~;~ ':::> ~ .- -< ",..,"" $rili ~~ '''~'V " -~~"~~~ - IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALlH OF PENNSYLVANIA IN RE: CONDEMNATION BY TIIE COMMONWEALlH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION OF RIGHT OF WAY FOR S.R. 0015, SECTION A12, A LIMITED ACCESS HIGHWAY, IN TIIE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CML TERM CIVIL ACTION-LAW UNICO CORPORATION, Plaintiffs v. COMMONWEALlH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Defendant. IN REM-EMINENT DOMAIN PLAINTIFFS' REPLY TO DEFENDANT'S PETITION FOR WRIT OF POSSESSION AND NOW COMES, the Plaintiff/Condemnee, UNICO CORPORATION, by and through their attomey, Lisa Marie Coyne, and respectfully replies as follows to Defendant's Petition for Writ of Possession: 1. Admitted. Furthermore, condemnor served condemnees notice of Declaration of Taking on or about May 12,2000. 2. Admitted. 3. Admitted. 4. Admitted. .. ./ 5. Denied. This is legal argument and conjecture to which no response is required and therefore same is denied. 6. Denied. This is legal argument to which no response is required and therefore same is denied. 7. a. Denied. This is legal argument to which no response is required and therefore same is denied. b. Denied. This is legal argument to which no response is required and therefore same is denied. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to deny Defendant's Petition for Writ of Possession. Respectfully submitted: COYNE & COYNE, P.C. Dated: ;}7 :rON r;J tf isa Marie Coyne, 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Plaintiff - . - .......... ~~ .~~ CERTIFICATE OF SERVICE I certifY that I am serving the foregoing document by way of fax and personal service upon the following individual: William Cressler, Esquire Office of Chief Counsel Department of Transportation P.O. Box 8212 Harrisburg, P A 171 05 Fax No.: 772-2741 Date: ~ 7 .:Tv N (D CI ..'"" '" ,,--. "'~""]slJl[,I1~""-l-'~'~' '1Mi~lb~"""""'''''''>'''~:!!;!iillc$~!lMiIiiitWil., ',' I ~-";"';-'~--Il-~" , .~,,-,. , .'".' '" \. " ,-, . " - ,~ ~.', .~ '~_" i,."'.",".'~~<, ,,; . " '_c 1." - " - " ',' ,.-~' ,--" '~-'--'-' ,'" ....I~ e 0 0 <::;I 11 ~ <- .-1 '"00:: c: i{; tr1 ~m Z ::n N "7~ Z~ ~_O . (I)'" CO ':~ "<- <0 ;r.,. 'k4{ ?iEg ::lr Qt5 '? Om ;l>c .-, ~ a1 ~ (,.:l " -- ~"' ,.. " 1iIIs....1 I I I I I , ii II I' hi 'I Ij 1 , I I I j 1 II , II I 'I I " " ,-~=..,' ,-0" '"''>:!'- 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNICO CORPORATION, Plaintiffs v. CIVIL ACITON - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant No. 00-2856 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of June, 2000, upon consideration of the Condemnees' preliminary objections, and of the Condemnor's petition for writ of possession filed in the above-captioned matter, and pursuant to an agreement reached in open court between counsel for the parties in the persons of William J. Cressler, Esquire, and Donald J. Smith, Esquire, on behalf of the Condemnnor and Lisa Marie Coyne, Esquire, on behalf of the Condemnee, it is ordered and directed as follows: The Department's request for writ of possession is granted upon consent of Plaintiffs, subject to the agreement of the parties that delay damages will be paid, at a minimum, from the date of filing of the declaration of taking. The preliminary objections are f'. - ".- - - ..",-- , .,,,,,- .-!c<C ',<__ FiLED-OFFICE OF n,it.: CP0rr.1n'<'""'ARY '}.1- ! ] :'._',. ",...-'1\".)/ OO,IUL -3 M'ilO: 40 CUMBERLAND COUNTY PENNSYLVANIA ,,",,-" -1l'!n'II ~!I!'ll1, ~'" 1 ,,~"""'~-~'-~~ _~"""-- - ^ ,,_ ~_~,__""" ~.O" _~ _0 ~~JiIl' ."" . -"-'- -, ,--, ,1=" C - ;", -,,' '-,'oi!,-.,:"" continued generally without prejudice to the parties. William J. Cressler, Esquire Donald J. Smith, Esquire Assistant Counsel Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania Forum Place, 9th Floor 555 Walnut Street Harrisburg, PA 17101-1900 For the Condemnor Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 For the Condemnees wcy By the Court, ~ ~ '7_{,.'()'O :.:~--, ~-J1!.~"liC ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN RULE AND NOW, this 251c1dayof l'l.\Jfl,-,st ,2000, upon consideration of the Department's Petition for Writ of Possession, a Rule is granted upon condemnee, to Show Cause, if any, why a Writ of Possession should not be entered. .-H 1 WI\lAl.... ~ Rule returnable tl:le d"ls clay of J- So E:;vI ~ ,28Q9. . BY THE COURT: ! ';-,:'.; "O'tfl'" 11 :~ ij 'p " ,'I '~ .. ;~ ;-1 'I i[1 "I :<'! " , :~i if! :', 'hi " , "I :1 , ~ -~ -,- "":'-- ~m1I;lilI~ ,Co- -..;;;- ~.~ "I" \.), ,11 cn_C\::F\CE n,,-v "", ,,-~.ny '_~_ '-"--"-']T_"cC'i\"" )\1-\11 ,,,.,,', :-;''''''',,-'' 00 ~,UG 2l, p>\ l;: \ 5 ." '," ,'J',I",rN CU~/\BtH;...N>i0 ,~/--:,UI"! I i PENNS'1l!/I\i".j,j\ ,.' ~ ~,:c'-. , . A h';_~';; .. ~ . -, "^", n .~,"".".sl ~~ ~~': ~~~-!V_~I'!,!!~m1J'l!'tim!~~lI'M"~~,~ilIl , ,Jll - " ~~ - ... Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel By: Donald J. Smith Assistant Counsel Atty Identification No. 50483 P.O. Box 8212 Harrisburg, PA 17105-8212 717-705-1277 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A 12, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN PRAECIPE TO THE PROTHONOTARY: Kindly issue a Rule upon the condemnee, returnable five (5) days after the date of service hereof, to show cause why a Writ of Possession should not be issued pursuant to 26 P.S. ~1-407 (a). Respectfully submitted: Commonwealth of Pennsylvania DeparlmentofTransporlaffon Office of Chief Counsel By ~ Donald J. Smith .,,;""n1 Co""~' . . - j--:'.iii" . ' .. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA , CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN ORDER FOR WRIT OF POSSESSION AND NOW, this day of ,2000, upon consideration of the Department's Petition for Writ of Possession, and condemnee's response, if any, the Department's petition is granted and a Writ of Possession is issued on behalf of the Commonwealth of Pennsylvania, Department of Transportation, for the condemned property, and the Commonwealth of Pennsylvania, Department of Transportation, is permitted to take immediate possession of the condemned property. Condemnee is further ordered to remove all personal property from the premises, including all outdoor furniture inventory, on or before September 1, 2000. If all items are not removed by said date, condemnee will be considered to be in contempt of this Order. BY THE COURT: J. ~iI;:.1@ ~ \ -< . ~ _ x "llli.dllil!;- > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015; SECTION A12, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN THE DEPARTMENT'S PETITION FOR WRIT OF POSSESSION The Commonwealth of Pennsylvania, Department of Transportation, by and through its undersigned counsel, hereby petitions this Court to issue a writ of possession under section 407(a) of the Eminent Domain Code, 26 P.S. 91-407(a), and in support thereof avers the following: 1. On May 8, 2000, the Department condemned property owned by Unico Corporation and leased by condemnee, located at the south east corner of Lisburn Road and Cockleys Drive, Upper Allen Township, Cumberland County, Pennsylvania, by a declaration of taking filed at the above captioned court term and number. 2. As a result of the condemnation, title to the property has passed to the Department. 26 P.S. 91-402(a). 3. Condemnee's landlord filed preliminary objections at the above docket number, but accepted the Department's payment of estimated just ~" ~" " , ~ _S?' compensation as a payment pro tanto under section 407 of the Eminent Domain Code, 26 P.S. g1-407(c). 4. Upon agreement of the parties, by Order dated June 28, 2000, the Honorable J. Wesley Oler, Jr. granted possession to the Department and generally continued the preliminary objections. 5. Condemnee operates an outdoorfumiture business (Le. storage sheds, gazebos, wood playground sets) on the premises and was aware for some time that it would be required to vacate its present location. See copy of lease agreement indicating that the lease would expire on May 31, 2000 and containing a clause numbered 21 which states: "Owners and or landlord reserver [sic] the right to give tenants a 30 day notice to quite [sic] in the event of a Pendot 'Road Taking"'. Lease agreement is attached hereto, incorporated by reference and made a part hereof as Exhibit "A". 6. At least as early as January 27,2000, condemnor informed condemnee that it would be required to vacate the premises, but would not be required to vacate for at least ninety (90) days from January 25, 2000. Condemnee was also offered relocation assistance by the Department. A copy of the Advance Notice of Moving Date dated January 24, 2000 with attached copies of certified mail receipt dated and signed January 27,2000, is attached hereto, incorporated by reference and made a part hereof as Exhibit "B". 7. Condemnee did not file preliminary objections to the declaration of taking. .;.; llili:.c::tlL 8. By letter dated July 10, 2000, the Department notified condemnee to vacate the condemned property. A copy of the July 10, 2000, letter is attached hereto, incorporated by reference and made a part hereof as Exhibit "Coo. 9. Condemnee has not vacated the property, but rather refuses to move its outdoor furniture inventory located thereon, despite the Commonwealth's offer to reimburse it for its relocation costs and expenses pursuant to section 1-601A of the Eminent Domain Code, 26 P.S. S1-601A (relating to moving and related expenses of displaced persons) . 10. The interchange construction project at Lisburn Road is scheduled to begin on September 5, 2000, provided that notice to proceed can be given to the Department's contractor on or before that date. 11. Notice to proceed cannot be given to the Department's contractor if the Department is not in possession of the required right of way. 12. If condemnee refuses to tender possession, section 407(a) of the Eminent Domain Code, 26 P.S. 91-407(a), permits this Court to issue a writ of possession for the condemned property against condemnee. 13. Accordingly, a writ of possession should be issued to give the Department immediate possession of the property, which condemnee refuses to vacate, in order that the project may commence as planned on September 5, 2000. ~ ~=~- o ' ~ ' , " ~'-ll,'ill;lh WHEREFORE, the Commonwealth of Pennsylvania, Department of Transportation, respectfully requests this Court to issue a writ of possession for the condemned property against condemnee; order condemnee to give possession of the property to the Department pursuant to section 407(a) of the Eminent Domain Code, 26 P.S. 91-407(a); order condemnee to remove all personal property from the premises, including all outdoor furniture inventory, on or before September 1, 2000; and provide that if all items are not removed by said date, condemnee will be considered to be in contempt of this Court. Respectfully submitted: Commonwealth of Pennsylvania DeparlmentofTransporlauon Office of Chief Counsel By: Donald J. S Assistant C Date: August 22, 2000 ,-~ , '--,''''' ^'. " ~~ , ~5,,,,, VERIFICATION Donald J. Smith, Assistant Counsel, for the Commonwealth of Pennsylvania, Department of Transportation verifies that the Statements made in the foregoing petition for writ of possession are true and correct to the best of his knowledge, information and belief. I understand that this Statement is made subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. By: Donald J. Sm' Assistant Co sel Date: August 22, 2000 " - -l.:_ CERTlFICA TE OF SERVICE I, Donald J. Smith, Assistant Counsel for the Commonwealth of Pennsylvania, Department of Transportation, do hereby certify that a copy of the Department's petition for writ of possession was served on the following by certified mail, return receipt requested: Outdoor Designs, Inc. clo Mr. & Mrs. Craig Fairchok 318 Scotch Pine Road Dillsburg, PA 17019 By ~ Donald J. S . Assistant Co nsel Date: August 22, 2000 . l..... ~j _ ~'.i ~~, ~~ ~.~-- EXHIBIT "An .<~'_M_ k. "~,~.~,_ ~"~_ i ~ I =~~~0'-c' , M~R--I 5-00 Ill" 15 FROM, RSR REAL ESTATE 10. 7S31B5B PAGE 2 nus LEASE WILL EXPIRE: May 31, 2000 CO~YERCIAL L",SE RENEWAL THIS ACiREEMENT of Lease made this 11 day of MDx,between RSR Rental Trustee lIelo!nts fo~ the. party of the first part and (Lessor) Plltricia A. Fairchok. President of OutdOt)r Dcsians. party of the second part (I.essee). WITNESSETH, thai the said lirst party. in consideration of tho rents and <xwcnants hereinatler mentioned. docs demise and lease Wito the said second party. to he used as a buisness, the premir;es situute in Upper Allen Township. County of Cumberland. and State of Pennsylvania, described as follows. to wit: S.K CORNER OF LISBURN ROAD & COCKLEYS DRIVE T AX PARCEL /I 30.21011.141 TO HA Vt; AND TO HOI,D unto the said second party, subject to the conditiuns of this Agreement. (tlr the term hllginning on the ! day of, RJNE. 1999 and ending on the 11 day of Mav. 2000. IN CONSIDERATION OF WHICH the said second party II~~ that belshe will pay to the said first party for the use of said premises. the sum of TWO mINORED AND TWENTY.FIVE (S225.00)I'er month for twelv~ (12) months and other considerations hereinafter mentioned payable aK tbllows: Tenant further al!lroc:s to pay a late fee of Rill! per day after the ~ day of ellCh month, DOllland for Slid rent on the demi3e<l property being waved. THE DEMISED HEREIN CONTAINED is made IInd accepted on the following express conditions: t, Lessee shllll deposit with Lessor a security deposit equivalent to one month's rent for the perlbrmnncc of ullterms. convenants lUId conditinnsof this Lease. This deposit shall not bear interest to the Tenant. 2. No waste shall be commiued; and at the end of said term the demised premisos shall be deli ...ered in as good condition as at the commencement tl\ereot~ ordinary wear and teat and unavoidable darnage by fire. tempest and lightning excepted. All rents to paid at the office of RSR whose Ilddress is PO flox IRR or355 N. 21" St. Suite 102. Camp Hill. PA 17001 3. The rent reserved shall be promptly paid on the several days and times hcrein specified without deduclitm or abatement, at the residence ur principal office of the said Lessor. 4. If the Les.~ee should remove or prepare to remove ur attempt to romove frum the premises hereby leased before the expiration of the term or at any timo during thlo! continuance of this lea.~e, or if the I ,cssceshall be in del'ault in the paymont of any installment of rent for the period uf ten (10) days. or should there be a default in any of the covenants or conditions as herein contained. then in that event, rent for the term of twelve (12) months at the rate which it is then due and collectible under the term~ of thi~ lease shllll immediately become due and payable and shall be collectihle hy distraint or otherwise. .............~-~ ~ ~,""-"'...I ,.i~k" =.. . ~~ ;,'- !'I"R~IS-00 10.15 FROM. RSR REAL ESTATE ID. 7El31ElSB PAGE 3 5. At the expiration of the term the demised premise~ will be restored al the oJ'ltion of thl' Lessor in the santC conditiun in which it was at the commencement of the term, except far ordinary WClll' and tear and unavoidable damage by tire. tempest and lightning, and the cost of the said restoration shull he "aid by the l,tl~cc. which cost will be treated as additional rent due and owing under the terms of the Icas~. 6. A holding over by the Lessee beyond the term of this lease shall be treated as a month-tll- lllonth lease. and the said renewal shall be under and subject tu all the provisions as contained in this agrcement onease; provided, however. that such renewal shall be at the option ur the Lessor. 7. The Lessor shall not be liable to the Lessee fur uny damage which may be caused to the LcslSce hy failure of the Lessor, if said failure is not due to any fault on his part. to give possession of the premises berein demised. at the time agreed upon. 8. Said L.essee shall not carry 1m any unlawful or immoral business in or aboulthe demised premises, und shall not earry on any business whieh will endunger the building from fire ur calise II furlcilurc of any tire insurance that the Lessor has or may hereafter have Iln suit! huilding. 9. The Lessee agrees to keep the premises in a good condition (If repair. All refuse of uny kind shall be removed from Ihe premises at the cost of the Lessee atlcast once II week or more ollen. if Ileed be. All snow shall be cleaned off from the sidewalks before itshllll have fl'll:tCll and become hardened. Sh"uld the Lessee fail to comply with tbe provisions ufthis clause of the lease. the Lessor may enter the premises and make said repairs or remove said refuse and do all other things as herein provided III he done by the Lessee at the expense af tbe 1..es.'Iee, and said expense thus incurred may also be collected UlI additional rent under the lease. 1 n. hi the evtmt of lhll tiling of a petition in bankruptcy, whether vllluntary or invohllltary. by or u~ail\st the Lessee herein, there shall become due immediately upon the filing of said petition, rent for twelve (12) months or until the end of the lease tenn, whichever is less, at the rate that the rent is then payable under this agreement of lease, and the Lessor shall have the further right in Sllid event, 10 UlrlcH and terminate this leuse. The said forfeiture to be atl'ceted by giving notice in writing to the Lessee berein or to the person then in charge of the demised premises. Should an exocutian issue against the I.essee out Ill' any court, twelve (12) months rent shall thereupon beeome due und owing. I!. In the event that the premises occupied by the Lessee shall during said lenn he de~trllyC(1 by tire, thereby making the premises untenantable and untit for occ~lpancy so that the owner.; therelll' deem it advisable to conslruct a new building, the Less\'lr herein shall thereupon have the right to cancel lLnd terminate tbis lease upon giving fifteen (15) days notice in writing tll the Lessee herein, and the term of this lease shall thereupon cease at the expiration of fifteen (IS) days notice after Ihe expiration of said nutice. In the event. however. that the said building shall be damaged hy fire, but not destroyed, the LeSliOr will thereupon cause the same to be repaired and restored to its former conditilln, the)' tll act with Ihe greutest possible diligence, and if the said rITe shall have rendered the prclniscs untenantable, payment of rcnt thereunder shall be suspended from the time when the Lessee herein shall nutify the Lessor of such condition, until such time as the building partially destroyed by tires as t\'l render said repairs necessary that the said Lessor shall thereupon have the right to take possession of the prcnlistls lor the purpose of --~~-. -~I ~ _. <. ~~t;lli;.j,i'''''Lljo..u.mtW'''''"' " " '>>-'-~ ~AR~15-00 10,IB FROM, RSR REAL ESTATE 10, 7B31BSB PAGE 4 making s\lCh rt,lpairs, and the so taking ofpo5.'lelision shall not be an eviction of the Lcssee herein and shllll in nil manner effect the tenn of this lease. 12. Thc l.ondJord hereby reserves any and all legal remedies available: te> it including, but not limited Ill, those estabUshed in the Landlord and Tenant Acto of 1951. '13. At the end nfsaid term, whether the same shall be determined by forfeiture or expiratilln of the ternl. or upon thc breach of any of the (;()nditiol\s of this lease, it is agreed that an amicable action of ejectment may be entcred in Ihe Court of Common Pleas of Cumberland County, in which the l.cssofl\. their heirs (If assigns, shall be plaintiff, and the Lessees. and all who come into possession during the term or cuntinuance of this lease. ur under the Lessee. shall be defendants, that judgment may be entered thereuJlon in Illvor 0 r the plaintiffs, without leave of court, for the premiscli illxlVC deliCribed to have the same force and ellilel as if a summons in ejectment bad been regularly issued, legally served and returned and that writ$ of habere facias possessionem with clause of fi.fa. for all CllstS, may be issued forthwith, wltiving 1111 errors and defects whatsuever in entering said judgement, also waiving right of appeal. writllf error or ~tay upon lIny writ~ of habere facias possessionem which lI\ay issue upon thc same. 14. All damages or injuries done to the nid premises other than those 4;au.,ed by tire or ordinary wear and tear (lr by the acts or omission of the Landlord shall be repaired by the Lessee uptln five (5) days notice given to him by the Lessor, and if he shall neglect to make said repairs or CClrnmcnce to make the !lumc promptly or within ten (10) days after said notice is given to him, the I.essor shall havc the right to make the said repairs at the expense and cost of the Lessee, and the amount thereof may be collected liS additional rent accruing for the month following the date of the Sllid teJll.lirK, and if Ihe said Cllpcnlitl is milde lIt thc cllpiration of the tenn, then the cust so made may be collected by the tandlol'd lIIl an additionul rent for thl! use of the premises during the entire tenn. I ~. And the said Lessee hereby accepts notice to quit. remove frum, und sUlTender up J'loliscssion of the said demised premises to the said Lessor, his heirs or assigns, at the expiration of the said tenn, whenever it may be determined whether by forfeiture or otherwise, withoUI any further llotiC" to that cftcct. all further notice being hereby waived. Subject 10 a twenty (20) day rillhtto cure beginning on the day that thc Lcssee is considered to be in default of this lease, on the t~,i1urc to pay rent due. for the lipace ul' ten (10) days besides the distress, or upon breach of any other conditiun uf this lease the Lessee shall be a non-tenant. subject to dispossession by the said LeS$Or, without further notice or process oflaw, with refellsc (If error llRd 01' damages, and the said Lessor may reenter the premises and dispossess the 1.\lSSlle without thllreby becoming a trespasser. And the Lessee hereby waives the benelit of all exemption law~ of this Commonwealth that now are in farce ar may hereafter he in fnree, or in any action or Actions thllt Inny occrue on this eOI\trnet, and in and distress or any distress thot mlly be made for collection of the wn~lle of lillid rent or uny part thereof. Waiving also the benefit of stay of execution. inquisition, extension and al errors. in all proceedings arising Ollt of this lease. 16. LClisec shall have the right to sublease the premises with the consent of thc U;S$(lr whil,h consent shall not be unreasonably withheld. 1_"....."'- ~~ ""' "'"'-~ M.AR',.I,S-00 10, IS FROM. RSR REAL ESTATE . ID, ?S3ISSS PAC!, S 17. The party or the second part will bear. pay and discharge when and liS the $/lme become due ilnd payable all judgment and lawful claims for damages or otherwiSll against said parties of the first IJRrtllrising rrum il.~ use or occupancy of said leased premises or the sidewalk in front and side of said premises. ~Ind will assumc the burden and expense of defending all such suits. whllthcr brought before the expirlllion Ill' this lcase and will protest, indemnify and save harmle" the Aid plllrty of the first part. his agents. scrvlll1ts. emplllyellsand public at large by rellson of or on account of the use or misuse of the prcniisl:s hereby leased or the sidewalk in frollt of the said premi!les, Ilr IInY part thereof, due to Ihe nelll igenee lit' the Lessee or his agents. Ill, It is expessly underst\IOd by the parties that the whole agreement is embodied in this agreement Blld that nll part or items is omitted. 19. The second party does also hereby waive any and all demand for payment of the rent herein provided for. either on the day due or on any other day. either on the land il.~lf ,)r ill any otller place. and agree~ that such demand shall not be a cllndition of reentry or of rl.:covcry of possession without legal process or by means of any action or proceedings whatsoever. 20. Lessee is prohibited to store any hazardous materials and or containers on the demised premises. 21. Oll/ne,., lInd Of lalUtlo,d reserver the right to gille tenant., If JO day notice to qllite ill the ellent 01 tl Pendot "Road Takin,". WITNESS thc hands and ~eals tlfthe parties the day and year tirst above written. ~'~:," ",' , " -:; 'J" ....-. t L1j:SS"~.:: tA..- '''' ().0~ft'L-- ~ ~.e_- ,,>". EXHIBIT "B" -=\it;;.:.._-'>"--. ~- ~~;~;. ~~ ~~ ,~ " -,.' ,....... "jliilll!l&ii!iri:;;l;I'. '. --~ Ilb"IIIOY _YIOUS EIllTIClIIS __ LClCAUY I COUNTY Cumberland -BEC. 0015-A12 FED. PAOJ. NO. 005-0131-115 PARCEL NO. 38 Cl.AlIINO. ? 1 rrlr Cl.Al1olANT Outdoor Designs Inc. ADVANCE NOTICE OF MOVING DATE JAN 2 4 2000 @ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TIlo\NIPC!fl'TA11CIN DATE: Dear Mr. & Mrs. Fairchok (318 Scotch Pine Road, Dillsburg, PA 17019) The Department of Transportation Is acquiring the property which you occupy In connection with the referanced project. One of the most Important concems which you may have Is, when the Department wDl raqulre possession of the property. No this time, we do not know the exact date when the property will be needed: however, this notice Is provided to you as the Department'S assurance that you Will NOT be required to vacate this property, and/or move )'Our personal property, In any event, tor at least ninety (90) days trom .. a 5 2lllJ} . Additionally, when fhe tlma approaches, a representative of the Department will Inform you of the date the property will be needed. At that time you will be given a written N,OTICE TO VACATE which will indicate the date by which you must move. If you elect to move betore you receive the final Thirty (30) Day Notice to Vacate, please notHy this office. The Department 01 Transportation provides Relocation Advisory Assistance to help you find a suitable replacement propeny. The Relocation Advisor, whose name, address, and telephone number are listed below, will contact you with intormation to help you plan your relocation includin,,: . Listings 01 resldenlial or commercial properties available tor purchase or lease. . Names and addresses 01 moving companies, real estate agencies, financial Institutions , and building contractors. You will have the optic.n 01 selecting the firm you wish to deal with; the Department makes no recommendations to, or referrals tor a specific company. . Local mortgage requirements, . Names and addresses of local or slale social service a"encies which may be able to assist you with a specific problem. . A review of your entitlement to certain relocation assistance payments. In the meantime, if you need additional Information concemin" this notice or your relocation, teel tree to contact your Relocation Advisor at the telephone number below. ~re~t2^ ^1n.IJ'~ I~~~~~~ District Righl-ol-Way Administrator Your Relocation Advisor 15: George Achenbach Telephone: (717) 772-5117 co: District Property Manager ';.i.~ .";. ~t\;t~_ iil.l\iiil~ I - ",t ..u,l ~ qlpOO ,... ~ ~-. -q l..f .Ii ! . ~ m ~li <;:: ~ ~ 0U IQH ~ I~ J!>= )( ci ~ ~ ~ ~ :e. Ei! :;~ 8a1l g.m om 0'" 11)'0 a-'" ui <.!l..~"6'.!! ~ ~m u.f: t: 'tJ~-t;Q).D.!. c--u.c: flJ'ii to- CD ~ t\iC"C E5 m "':ili~.9lit ~Ih~~ ~!!(.)~g i=8!ii! o.'"3'>-!'fi~ Ee;'l!-;go 8.i!il:lil<c15 . . . ". o ,.0; <J '" ..... ... U ......,,0 ~ ctI ctI r- H~O,...l ~ . 00 tn or-! Q) l2'i .. '" . C!l"'.......: ......Ul><l>< SlI> ~~ .,; -e .;0 !~~ ~ g] 4; .fI) to ... .... .-l u ;t:: QO ~ <>p ........ "0 0 <"l t:l ~ '"?; ,I, . . " ~ ~ ! .E! 1S. ~ .~ Ii&! = e E ci ~ .n~gg 000 ill I,," 1 !l." 12 ~ 0 ~tH I l~ ~ ~ J M ~ . ~ o = ~ ill' I~ ~"1~ 1;:' ~ ~f'.~ 1;; ~ . ~ ~;: f ~ ~ E ~ Il oj le ~ t ; I E , -.; a: o 5 15 o ,",,-- ...liI-...... ~." .~" "'~ .r~i, I i, " I: i " i P 020 713 207 ~ Receipt lor . Certified M.U - No InS11f8RC8 Coverege Prov_ JIIIJl''' Do not use for In_llone! Mall ISee Reveree) S8nl to Streela"d No. P.O.. State end ZIP Cade .~ $ Cer1Qfed Fee SpatlSI De1Ivery FBf ,,",,~\ed 0eIN9rv Fee Retwtl Recolpt Sl\owlng 10 Whom a DlIte Delivered "Blur" Racelpt S~lnfl to Whom Date. and Addrl_'1I .Addlen . TOTAL PoIlloe $ &F88' PGstmtHk or DaM 1-24-00 RW-590 ii - . " " .., o I ~ : If .........-. ., ~;,.-j$)(:- EXHIBIT "C" ~._' . " ..:..iI,,--, ~_~~~.. T'" ..."<' RW591 (07/99) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION REMIS Proi. No. 080039 County Cumberland Federal Proj. No. 005-0131-115 Route - Sec. 00l5-A 12 Claim No. 21000420020 Claimant OUTDOOR DESIGNS, INe. In,~ 'C1 NOTICE TO VACATE Date: July 10, 2000 Outdoor Designs, Inc. 318 Scotch Pine Road Dillsburg, PA 17019 Att.: Mr. & Mrs. Pairchok Dear Mr. & Mrs. Pairchok: On January 27, 2000 you were given an "Advanced Notice of Moving Date". This Notice was the Department's assurance that you would not be required to vacate the referenced property and/or rnove your personal property for at least ninety days from the date of the notice. The purpose of this letter is to advise you that the Department must now obtain actual possession of the property in order to clear the right-of-way. Accordingly, this is your NOTICE TO VACATE the referenced property by no later than August 12, 2000. Any lease agreernent between you and the Department will be terminated and you will be required to vacate the property by this date. Please notify the person named below of your moving plans and, if applicable, make arrangements to tum over the keys to the property, as soon as you have moved. In the meantime, if you have any questions concerning this notice, the Department's project or your relocation, please contact the Right'of-Way Representative at the telephone number indicated below. Attachment: Your Right of Way Representative is: GEORGE D. ACHENBACH Telephone No: 717-772-5117 '- Postage $ Certified Fee o-'l C C C C C ;;r ", Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Name (Please Print Clearly) (to be completed by f1Iailer) II'" II'" C l"- -St;efiC;.pCNo.;-or"PO-SOx-No.u.--------..------- .city,-State,.Zfp;4....--------......-------.......--- ,"-,"-",-.- ,. '(Complet~ ;it~ms 1,' '2, arid 3'. Also complete ,ftem 4 if Restricted Delivery is desired. _,- ,Print your name and address on the reverse ,.,'-" ~hat we can return the card to you. .. A:tach this card to the back of the mailpieae, . or on the front if space permits, 1, Article Addressed to: Ou7J)()<j;t ]),;:s.rG,dJ/.z:...t. .J I f' J'c:oicA .&.vl;~ f!d . Jp:y(,f' 61.<.""1 ~ I 7()/ 9 ,Aff;',M~ -I- ,#,.." ;ii..;:~ 2. Article Number (Copy from service label) ''/6'79;"J f'~c;i PS Form 3811, Juiy 1999 ( j "1_/0 -ciJ Postmark Here IZ 1./571 x 0, Is del ery address' from item 1? If YES enter delivery address below: 3. SelVice Type ;!(Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o InsurOd Mall 0 C,O,D, 4. Restricted Delivery? (ExtIa Fee) 0 Yes <; "?.s-r' OODi '.f.r ?'? Domestic Return Receipt 102595-99-M-1789 f,'," ,1;,; -:tf'I'-- _~"'_~__~.____ . '_L ~ l,~~hc ", ~- -:". ~I "I ". IN RE: CONDEMNATION BY THE COl'vlMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION AI2, IN THE TOWNSIDP OF UPPER: ALLEN, OUTDOOR DESIGNS, INC., Condemnee v. COl'vlMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Condemnor . . ,--' , ',-' ~^ -'. ""'",0 .. ~ '.k.,.. IN THE COURT OF COl'vlMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-2856 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of August, 2000, upon consideration of the attached letter from Donald J. Smith, Esq., Assistant Counsel for the Commonwealth of Pennsylvania, Department of Transportation, the Rule previously issued in this matter on August 23,2000, is discharged. Outdoor Designs, Inc. c/o Mr. and Mrs. Craig Fairchok 318 Scotch Pine Road Dillsburg, PA 17019 01 BY THE COURT, J. ~.JV 0 ~<< q'\-~i? *'* ... '"~, ^" . ~~ ~. .'-,'- I,j,' !..:'I- ':~D- Of':r-I'~,::: ,/OTARY 01] ~~'JG 3 1 ;.j I"~. I r. '-", Ii. '""I I", ,~ _ \"" CUM~~;"-j;::,; ;":,"\;'!') ."':/')1)'1\11"\/ '-'-. '-.. "'0.....- '....._d, f I PENNSYLVANiA .' ''''1-' ....~A~~"-_ ~~w QlJJ!i'l!RIJl1ifI~ "!N'lilNim~i'! __ ,wr.,." , Donald J. Smith, Esq. Assistant Counsel Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 :rc . ,- ~~~""-~ ~ -'-- '" ~ ~~ "=.- ~...:- .- .HI "1''''.......'''''''<'' 08-29-2000 n3:B3pm From-PE~N DOT oee +7177722741 H3S P 002 F-474 OS.2 (8.96) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 717.705.1277 ~ - August 29,2000 Honorable J. Wesley Oler, Jr. Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 BY FACSIMILE and' FIRST CLASS MAIL Re; In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for State Route 0015, Section A12 in the Township of Upper Allen Cumberland Co. Dkt.: 00-2856 Civil Term Request for Writ of Possession by Commonwealth of Pennsylvania Dear Judge Oler: Thank you for issuing the rule to show cause on the condemnees in the above- captioned matter. I am pleased to inform you that over the weekend the condemnees removed all of their personal property from the premises. Accordingly, I am filing with the prothonotary a praecipe to withdraw the Commonwealth's Petition for Writ of Possession (copy attached). Your willingness to promptly address the Commonwealth's request for writ of possession was greatly appreciated. Thank you once again for your consideration of the above matter. Donald J. th Assistant Counsel Cc: Mr. &; Mrs. Craig Fairchok William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge ~J o <Voo " .~~ --.. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, IN THE TOWNSHIP OF UPPER: ALLEN, OUTDOOR DESIGNS, INC., Condemnee v. COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Condemnor ~" "'l~,AL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '. CIVIL ACTION - LAW NO. 00-2856 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of August, 2000, upon consideration of the attached letter from Donald J. Smith, Esq., Assistant Counsel for the Commonwealth of Pennsylvania, Department of Transportation, the Rule previously issued in this matter on August 23, 2000, is discharged. Outdoor Designs, Inc. c/o Mr. and Mrs. Craig Fairchok 318 Scotch Pine Road Dillsburg, PA 17019 BY THE COURT, J. ~ f' lb " f!l! ,0::\ " .. 'IL gO l" 1'171',' {70, " " .. "I' G'I ,,,' - ,-" I" \~' .<iJ ,." F,' " ~ ~ \d:! J 6 ,"'O~" -T- - .. ~~ ~ ~-~~ . "" > ~': Donald J. Smith, Esq. Assistant Counsel Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 :rc ...... >00 08-19-1000 03:53pm From-PEAN DOT Dee -,,-,'-," .Jo. - ~ ~ .~ ,~ - , HI 777ZZT41 H38 P ODZ F-474 OS.2 (8~98) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us Office 01 Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 717.705-1277 @ c. August 29, 2000 Honorable J. Wesley Oler, Jr. Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 BY FACSIMILE and' FIRST CLASS MAIL Re: In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for State Route 0015, Section A12 in the Township of Upper Allen Cumberland Co. Ok!.: 00-2856 Civil Term Request for Writ of Possession by Commonwealth of Pennsylvania Dear Judge Oler: Thank you for issuing the rule to show cause on the condemnees in the above- captioned matter. I am pleased to inform you that over the weekend the condemnees removed all of their personal property from the premises. Accordingly, I am filing with the prothonotary a praecipe to withdraw the Commonwealth's Petition for Writ of Possession (copy attached). Your willingness to promptly address the Commonwealth's request for writ of possession was greatly appreciated. Thank you once again for your consideration of the above matter. Sincerely, Donald J. h Assistant Counsel Gc: Mr. 8< Mrs. Craig Fairchok William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge -f.vc .10 <"COO - , ~b,~~~-' ~ ~ -~ - ~- ~ o8-zHooo 03:53pm From-PEAN DOT Dee +7177722741 T-m P.OOl F-474 COMMONWEAl.. TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL @ 1.1.-...C.........:......'..... "" " : ~ - ,', ~ . ".. ..' . ".j~'.... -~. . DATE; 71/2.9/00 . I ~ TO: /-10". J Wrsl'7 LOCATION: FAX iWMBER: (717) 2'1fJ - ,,1/' 2. FAX COVER SHEET FROM: ])ONfl(j) J. SM-.r::-rt/ olcr J~ LOCATION: Office of Cbief Counsel NUMBER OF PAGES: (Including Cover Sheel) ~ If you do not receive all pages clealtly, "LEASE CALL AS SOON AS POSSIBLE: Phoneln! (717)787~S473 Fax #: (717) 772-2741 ...."""CONF'I()ENTlALITY.NOTE..u.... The Information and documents accompanyJngthist~mission contain inlbrmation from the Office of Chief Counsel which is confidential and/or legally privileged. Tbe inflrmation is intended solely for the use of the individual or entity ,amed on the transmission sb.eet. lfyou ue not the designated recipient, yon are hereby notiled,that any diSclosure, copying, distribution or taling of any action in reliance on the contents ofthis~rlllatioD is prohibited. MESSAGE: Sent by: MAILING ADDRESS USMA!L Office of Chief Couusel P.O. Box 8212 Harrisburg, Pa 17105-8212 OVERNIGHT MAIL Office of Chief Counsel 555 Walnut St., 9'" Floor Harrisburg, Pa 17101-1900 :~~-:=---I--- -- .ld!tl&<i " 08"29-2000 03:53pm From-PEAN DOT Dee +7177722741 N3B P, 003 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel By: Donald J. Smith Assistant Counsel Arty Identification No. 50483 P.O. Box 8212 Harrisburg, PA 17105-8212 717-705-1277 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, IN THE TOWNSHIP OF UPPER ALLEN NO. 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN PRAECIPE TO WITHDRAW DEPARTMENT'S PETITION FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly withdraw the Department's Petition for Writ of Possession filed in the above-captioned matter. Condemnee has vacated the premises and has removed all personal property from the subject parcel. Respectfully submitted, Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel By' ~ Donald J. S ' -'l>ru,~;f' ' F-474 ll~" - .L ~ - ".x=......~~ . ~ .' 06-29-2000 03:54pm From-PEAN DOT Dee " +7177722741 T-m p, 004 CERTIFICA TE OF SERVICE I. Donald J. Smith. Assistant Counsel for the Commonwealth of Pennsylvania, Department of Transportation, do hereby certify that a copy of the Department's praecipe to withdraw the petition for writ of possession was served on the following by first class mail. Outdoor Designs, Inc. c/o Mr. & Mrs, Craig Fairchok 318 Scotch Pine Road Dillsburg, PA 17019 ~. ~ Donald J. " ".~"l C ""'~ ~~_""-!""-, F-474 Date: August 29, 2000 -- .-" ~ Dli- ~ Commonwealth of Pennsylvania Department of Transportavon Office of Chief Counsel By: Donald J. Smith Assistant Counsel Arty Identification No. 50483 P.O. Box 8212 Harrisburg, PA 17105-8212 717-705-1277 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION A12, IN THE TOWNSHIP OF UPPER ALLEN NO, 00-2856 CIVIL OUTDOOR DESIGNS, INC., Condemnee V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Condemnor EMINENT DOMAIN PRAECIPE TO WITHDRAW DEPARTMENT'S PETITION FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly withdraw the Department's Petition for Writ of Possession filed in the above-captioned matter. Condemnee has vacated the premises and has removed all personal property from the subject parcel. Respectfully submitted, Commonwealth of Pennsylvania Deparlmentof Transporlaffon Office of Chief Counsel By: Donald J. Sm. ~...~- . "'~~ ~ "l~"".>(..o~'Ml~~!.__li,..l;j~~,,~lir~_OIiirC'Afliiili'il1!IWl '!"" "'Iil~;d;I -"~ ._, ""ill _~~i o (? if> loot"", -"C, o c: :;c: -or}:;. 01n_, '?;~1j ~~J~i "'- :E:::C) be) 'PC '~ ~ -" ~ t:'.J s:: !.~) -;, ;' ~,;B:;f\ ..".. ';Q :<: 'f: ? ...1 ~~~"~ ~. .~~-C _ __ ~k:-i '- CERT/FICA TE OF SERVICE I, Donald J. Smith, Assistant Counsel for the Commonwealth of Pennsylvania, Department of Transportation, do hereby certify that a copy of the Department's praecipe to withdraw the petition for writ of possession was served on the following by first class mail. Outdoor Designs, Inc. clo Mr. & Mrs. Craig Fairchok 318 Scotch Pine Road Dillsburg, PA 17019 B~ fI:!- Donald J. . """""'" C ""~, --- Date: August 29, 2000 , iIiif ,,- --'~i!lIi!tIfi~ol.~~~llId~>iM!,HiJ;"'iikl.H';~"-ii!iIiWJii'-' ~ ~-- I~",~, "-~lIllI:"': ~ -~ ~~ ~,... (") 1.::) c: C.:) :S-: U) Ll [:T,' "1 rn L~,: ,J Z :;~ ~~-; u; ........l -' ~ C :::?~ );: C> :z ...:"'" >- C) \..:S' ~I (= ~i ::;;:: ::::> "> '.-j :0,-, '-<. ....j --< -' ~l\l'=- "'""'" ~~ ~M ~~_."""_,,_~ - , ~"~ - . ... ~ ~l!~,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 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 IDGHW AY IN THE TOWNSIDP OF UPPER ALLEN NO. 00-2856 CIVIL TERM UNICO Corporation, Plaintiff-Condemnee No. 00-2856 Civil Term vs. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION IN REM--Eminent Domain Proceedings PREACIPE TO THE PROlliONOTARY: Kindly mark this matter settled, discontinued, and concluded. COYNE & COYNE, p,c. Date: 7 /lI'Ov iN) isa Marie Coyne 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct No, 53788 Attorney for Condernnee-Unico Corp, I L ," -~ltlt<~l\O';;~~~-!'1;e,,\llIq,;;~~~~,._51t::_w'r!iWli~~""":" 1'- .~'Ij'''''''- ". ~" "~~i'-"~' 0 c> 0 c::.. C) .--'T1 :s. ::l~ .--\ '"Ocn C=> f--~;~ rrn," .,,::;::: ;C~W'. Z::D I ZC (;0 ~'.7~' c::G .'i".') ...'.. -" :Z (J-- :;0-'0 ~?:~ z:c' ~ S" ::l';c Z r::- ~ :< ...1 '-<