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HomeMy WebLinkAbout98-04346 Al G v T e? GO. O r 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 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN NO. r%,('. g34L• -ro•_ EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Article IV, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. L. 84, 26 P. S. 1-402, as amended, respectfully represents that: I. The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting through the Secretary of Transportation. 2. The address of the Condemnor is: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Forum Place 91h Floor 555 Walnut Street Harrisburg, Pennsylvania 17101-1900 3. The Department of Transportation is authorized by the provisions of Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e), as amended, to acquire by gift, purchase, condemnation or otherwise, land in fee simple or such other estate or interest as it shall determine, in the name of the Commonwealth for all transportation purposes. 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on April 13, 1998, entitled "Drawings Authorizing Acquisition of Right-of-Way for State Route 2014, Section 019 R/W in Cumberland County," a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1, at Page 121 on May 12, 1998. 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, 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 being condemned hereby is fee simple and a temporary construction easement. 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral 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 in this matter is secured by the Commonwealth's power of taxation. 11. I, William D. Pickering, P.E., Chief, Right-of-Way and Utilities Division, of the Department of Transportation, do hereby depose, swear and affirm that 1 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 a temporary construction easement are hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. William D. Pickering, P.E., Chief, R t-of-Way and Utilities Division RWd37 (11.81) Uumberland Lower Allen Twp. 2014-019 SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) FED. PROD. NO, 100$ State COUNTY CLAIM NO. 2104149 r ,n COMMONWEALTH OF PENNSYLVANIA Department of Tranvortellon e *TYPE OF LE.SCRIPTION 0 - Deed Oeeeription P - Plot Plan lodped for record or fllinp with Notia of Condemnation R - Plot Plan now recorded or filed in Recordele Okla PROPERTY INTEREST OF COND MNEES, AND LOCATION OF CONDEMNED PROPERTY Angela Milonopoulos, Thomas S. Ntzani & George S. Ntzanis, Tenants in Common 2210 Gettysburg Road Camp Hill, PA 17011 As Their Interests May Appear Location of PropertV• Book 158, Page 79 ATTACHED *TYPE OF TPLAN ANY) RDED IN net 3, 7 er 1, T 121 s #13,1/i, &22 .?l 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 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN NO. 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, 555 Walnut Street, Forum Place-9th Floor, Harrisburg, PA 17101-1900, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-captioned proceedings. Stuart A. Liner Assistant Counsel Dated: x d C) ? y N C p 0 0,0 L, L1' i O O C D J ? CD . ~ 00 cD z7 c 5 wo °= 00 i 00 p 0. O O a nn O CCC"???1 ????d z ?y oo> m o ° o0 ooo?o? ?a [? y. Z aro z M0 aoz z 0 ? IZ ~ C > ti 0 ftl fir xv+us f2•®o) IN THE COURT OF COMMON PLEAS OF Cumberland IN RE: CONDEMNATION BY THE COMMONWEALTH COUNTY, PENNSYLVANIA OF PENNSYLVANIA, DEPARTMENT OF J TRANSPORTATION OF THE RIGHT-OF-WAY FOR 1 STATE ROUTE 2014, SECTION 019, IN THE 1 TOWNSHIP OF LOWER ALLEN 1 1 1 No. 98-4346 Civil. TERM, 19 1 1 1 EMINENT DOMAIN PROCEEDINGS - IN REM 1 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Dauphin ' ss Marlin N. Brownawell being duly sworn according to law, deposes and says that he is District Right of Way Administrator of District 8-0 Department of Transportation, Commonwealth of Pennsylvania, and that on or before July 30, 1998 notice of the filing of the Declaration of Taking in the above matter was served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made a part hereof. Sworn to and subscribed before me Notary Public My Commission Expires: fV ? CDistrict Right-e ay Administrator PJOTARIAL SEAL Y FILY2iffi ARRrlsbur, PA DaupunEVIrmJuro13,2UQ0 z i ?. ?? !' I ?;a '?.;? ?_ - _. :-, -„ ,: _ ?'' .r ': ? _ .?'= • -! -? ?J AUG 0 4 1998/„ 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 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN NO. 98-4346 Civil TERM, 19 EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the above term and number on July 28, 1998 , was recorded in the office of the Recorder of Deeds of the above county in Misc. Book 583 Page(s) 1123 The condemnation book and page number, file number, or nucrofihn number of any plot plan filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned which is attached hereto. In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of the Right-of-Way for State Route 2014, Section 019, in the Township of Lower Allen ORDER No. 1998-4346 Civil Eminent Domain Proceeding In Rem AND NOW, this O. j 1k day of 1999, upon consideration o the Petition of Triangle Car W 9h, 4, the court appoints ' and 4? to assess damages in the condemnation and further orders that the Board of Viewers perform its duties in accordance with the law and Acts of Assembly and grants leave to the Board of Viewers to issue an interlocutory report or interlocutory reports covering such properties or claims as the Board of Viewers determines appropriate. Cy_ol b??v Ls Ao Ali nli c1?aQc?? Any ?-erry In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of the Right-of-Way for State Route 2014, Section 019, in the Township of Lower Allen No. 1998-4346 Civil Eminent Domain Proceeding In Rem PETITION FOR THE APPOINTMENT OF BOARD OF VIEWERS AND NOW, the Petition of Triangle Car Wash, Inc., Condemnee, by its undersigned counsel, respectfully represents the following: 1. A Declaration of Taking in the above-captioned matter was filed on July 28, 1998, in the Court of Common Pleas of Cumberland County, Pennsylvania, naming Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis, tenants in common, as Condemnees, among others. 2. Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis are the fee-simple owners as tenants in common of the property which is the subject of this Petition and which is recorded in Deed Book 158 at Page 79. 3. Milonopoulos, Ntzanis and Ntzanis own the property subject to a Commercial Lease Agreement entered into by their predecessors in interest, Dennis Theodoratos and Demetrios G. Moutsatsos, with Petitioner, Triangle Car Wash, Inc. A copy of the Commercial Lease Agreement is attached hereto as Exhibit "A". 4. As the commercial tenant upon the real property subject to the Declaration of Taking, Petitioner, Triangle Car Wash, Inc., has a substantial interest in the property which has been condemned. 5. The Declaration of Taking filed in this matter is attached a s Exhibit "B". 6. No Preliminary Objections were filed by Petitioner to the xa Declaration of Taking. 7. By virtue of the Declaration of Taking, Condemnor ' Commonwealth of Pennsylvania, Department of , Transportation, has condemned the property, taking substantial property ., interests of Petitioner + t' and causing considerable da y ! mages to Petitioner, iincluding, inter alia the cost ?(fy Of removing the business, depreciation in value of machinery, appliances and 2 i fixtures, and damage to the business operated by Petitioner at the subject property. 8. Condemnor and Condemnees have been unable to agree upon just compensation for the property. WHEREFORE, Petitioner prays your Honorable Court to appoint three viewers to assess the damages to which Petitioner is entitled by reason of the condemnation. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG By: Joh Ferry, Jr., E ' re /Att hey for Petiti er I.D. #75907 ' 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 6 J Date: 2- ?9 1999 E 7- ? a ?` T r.r a # /t . r 1k y r 3 Sr , °+t ommercial Lease oN peb runry A.D. 19 day of !41)19 ??tPCitlCll? of Lea+e made this 1innUTSATS 1 the one pu4 anJ 11.8nnnrl al the other pan. Between (ll iinitua i•ntUN7+?Alt9'hcail rlfiitiiiRnili? Ieie Utnlnnn 1 n 1•ennoylvnnln cornornt.J tau t,„note.. TRIANf L6 CAS'. HASIi, INf.., the premise , allude ?1IIWBSI'lli, that the said pally, in consideiation of the rent and covenants hereinafter tmh do Pis demits and lease unto the sold ee<ond party. lobe used as Car Nnnh in the TaannL t n If last, r hl ten County of Cumbc r I Ind and State of Pcnnrylvanb i 17, 247. 61 nqunre t ds,e,I ad a, follow,, to wit: An nren connlnt lnl; of III rnx 19Ng,I attnehed hereto 7 as per the plan of property dated Aorittnt 22. and trade a part hereof. OO 1?.ItlDy tlt111 P:D 1Yi., 01a unto the said second party. eubi,et to the conditions to athiis Agreement. f orrthe term beginning on the 1 n t day of J an son r Y 19`I O end ending on Iha t the said second party agree a that J I will pay to the said first party for , the sum Dollars and other aon,idmfign a ?tt ?Dtt5lad ad! th --S91,znn.oo----------- the sane of acid Pleens of-------- heroinaltermentitiononeed payable as (ollowa; vii, in monthly installments of ace it. rnprnph No. 2r Dollars to advance on the first day of each calendar month during the term. , s eard in s [.o THE DEMISE HEREIN CONTAINED le made and aeg.litevl an the follawin[ ..P.... condition-, I. Ho ware ball he eomm{Uedt and a the nd at the said term the dmbll a,uvwm hail ,.n If Wine condition H" e the Unon.ncmai theraol, ordinary wear and to" and unaaid.ble .mge by fin, omut cad U seer prem.d aid on ha ......I day and alma Is ere I. specified without deduction or 2, The rat omed shag be 2, r y p abatement. at the evidence or principal office al, the said Le.-Or. 3. If the Lases .bould amore or pre pan to wmere, or sot=p to umnve hem the pnmhn hereby leased hetere Itti p,ym<et I n7fl.ollmmnt of tart lerathe paned et to. day,cUs hould these be if he .... hal be I. • def ult I. nyl of the eove•n `.r ' to. condition. i . he, under heUermm .the f tW.I n.tmhall itmeedieoly be.... d.[ nd paybla and .h.116m a Ileetihl bytdirt,.;nl ar same otherwise. d. At the expjntion of the orris the demhed pnmiw will he r.rtmsd at the said .. f the Leiser in e p the Cost .1 the . i lion the ition MwhwhIl is ob h w e" bated a .dal eon l .At due and awing under the term. of tharlem hall be aid by coo2 ill be 3. A holdiei e, r by the Leona beyond h. term of hi. I.... .hell be • renewal el the term of his leas (or ...the, like I.M. and the said renewal shall be ands, and subject to all the pro,i.fons a contained in this .[nmmt el lean' Provided. Fowevere that sueh senawd .hall be as Iha option of the Leuo,. 6. The l.l.ror ball net be liable to the Lames for any domae which may be owed to the Lanes by the f.ilom e( Ike Lenor. III aid 6flurn L not duo to ray (alt on big part, to a;,. pour.... e( the pre-41- herein deals a. at the if.. agreed upon. 7. Said Leases bell not carry on any unlawful or immoral bu- Or in or oboist if.. demised re iinsu.n.urand .hall not tarry an any bminau which will endneer this building from fin Or owe • lorleiore .I nY fire insurance that Iha Lauer he. or may hendter he,. on aid buildinx• [his beat- over used or consumed upon the The la.ua qno to .Y all bUL which ma be """'A for li ror p a. ` (,:;wa ll v t h.Y,'uPOO.ihim in any warein rthe event thatythe.upplYal h et i. cu ao8 by lesson oloanY mesa bey nd aJam. wich foae aidhhe Ln.nr mhall have the the control of the Lenora And the Leuea doe. It ...by release the U...e eh may nun o f the failure e( the supply of best. Should the Lenee fail to pay any bills to pay the same, and the amount . paid shall be eho,g,.bl. to the Lee.-- m addiUond rent. Th. Lm a-- fight ape.. In keep the Plate plan nand' his own risk 9. The L,aua agree. to keep he P,emt.. in • toad condition of sepsis. All refine All any kind ball he r.,wnd A?w bell be cl.M, all La `(roren hnd`b some ha,drmd. It Should he Lasso- fail to comply with`""dpro' and at .. from the udm s.lk. before cast iof the I? of this alas` 1 he lprovid he to be , may by the Leuaontuthe open.. oftthe Leases ndomiA ..pan . ` thus do .11 other thing. •• battles h,eu,rad may .h. be collected n additional root under the lease. 10. In the event of the filioi of . petition I. brskwpiey, -heher,eluntaq or "tolumary. by e, • tart . that the the ,- hall rent ugh<n p.3, ble `amder hi ogmemantlaf leas salU1 he Ln•...hall Itr he further`ri` t I. aid e, nt. to tfo,feil nd {,.ee hereto or in the parer moviin.te hl. i:. The aid lorfeftuea to be e0e.ted by sitting notice I. writing t. the n than in shill of the d<miad Preo l.... Should an execution i-,ve against he Lessee out of any court, twelve months arge sent shall th.nupao bee... dal and owint. / --irl term i I. In the .,an, hat the pnmiu. obevPied by the t the a tam. lhereel deem it edlir-ble tebeennno`a raw build the pram ... on,...obble .nd unfit for ecevp my .o hotel- ree hanln.Fsnd the orm have ef thb g leue shsll`if ...Oponleen..it the eapirnlluln d Ril... day. dur`the iwnti g to tha`Lse the event, Le it' ild nor tt will thereupon enun In the`ume to be apeir that and`re:lo,ed to t. `former condiponb hay`to but t actnwi hethe areat I. pon,bl, d0fpnae, and if the aid fin to have rendered he ermine uNenanteble, payment of rant !hereunder sbdl be ....ended from the time when the Lose. herein shell ratify the Lauer o1 much tradition. Until much time a he buih iel yb .o repaired end get. ,may for oewpanq, and the Lase. It ...in agar, that in the grant het the Widin[ •%.It It m home the ton ... or empl.yrd by the Le roe shell h vatthe ,iih the kid Lesiur shall ht. t.e ln?nte rand` Sent..r•.a 16.1, tender said repairg nt. and zect ofy any that i an take pot noun Lee,,. phenin•aodithe purpose of maLelfesl . thish nd the .o taking of p.m.fon ball ism be reement Iuamey Leal ( five p rs'loty for judgment nd for t%e mmyrbe'a teed lhr,con`I,. time to time `I.rteny .of dus and .wing under this tan, nd judgment in jeanant`a hard, P ovided may be entered eonaura.ntly therewith. . At the and .1 up.. the beec h of .nr the the condition. of thislle•st.nit is hall be U fee 1, (action e( elo no t term. .1 term eh`conif ..Me, of hi. loo a.:.wrier hellos Pl..hall nda ant .. , 1 11 ?ndhebe Losses,. and all who c... into p..m ion in which t I., .1 ban lreg.6rly 1....d layhy.11 .roved gment Co. bole d ..nb'dho ha+e he . man (.«nnadaff ci`,: it in nmman,fi 'I.t1 t; .. wilho.t end rasa rned and that writ of habeo fact.. Poneuioaem with elan .f fi. f.. for II east?pmny be freed (orthwUh. akin. .11 .rror..nd def-ate wh.I.eva, in ad-,in, said jud,anert..1,o waiving d: t al a 1, wait of ern, or 'toy ~pee ray w,in ui habeo twigs p.n:nfonnn which may I.,., vPon the .ann. ter the Pnmi.e. her 1<, And 1.rtit is .fined .sal n ,,food that the L:b•.orchnth1Frs id L.un for at he ra.pou I nu,u her Jh ve ' o to he parser ce i, e:d • enY time duah' the arm, 'it r he V; , a the ofd p,emiwr nn k,pl in R•od order and ... during bdtte shoo °. Fo he+P thti a ten me or b the a, . to display a "ter um nr s lea o,d ape. the said Pa her.. ' • ..,: an 1? All dm.q i.;. o' h done to the said premises ether th.n 'hole caused fin s... t pv,t w a, Ordinary e red r It Iha late er .mh,n ofill. a' nd l lneailian x11 . ivan to him hY the e ytho Lester. nd`?f. he ^F.ll nr Iaeo m.koaid rep, in mak, aid r. pair1 upon • . onei maid ratio a given bins. IM Lome ,hall hwve t r ta,n m • nce o to k a Iha same prompt y or w it hi n ten day h ' es. •nttn the it the aid upmu May male lst the .10,411 to mak, all .ald reretn rt hit. he eepmn end <oa or he Lee not ,carving I., it., montllowmg Iha 1 to of the sold ,rpain, Jn term, hen t 0 east n made. y ba oalhcted by th, Imdlord as an mddalon.l rent lot the son of the PremlmM. I >'. the enil,. term. _ .... .swam ?.N•-t. , 16. And the Bald Lea.. hrsehy ecerpte nalu b ?uih "Co"al Imm, anal wnmd•, op peu•rrfon of Ihr ..id demised Ppmiw. to the said Lem,. his belle err au4.e, at tn• Npiwion of the aid ten., ve anm, It my he detee..ined, w6 that by loel•hure rr elheain, wit6oat any forth,, netln to that e1IrU.!II folio,, Colin hdnR bnrhy nil«I. And an fail",. to Pay ant duce for the P.C. aof ten day. besides th. di•I..... or upon brush al .ray ether ...ditto. of tole loo the I.ea..hall 6s. . nowt eoanh object to ill.peuudon by the aid Leemr, without forth., "elks e, pres., 1 lew, with M.... al arm. and of and the add L•... r may e.•.rg., the pr•mhu and Chips.., Ill. Lease with. our thereby 6..oming • t..•p.un. And the U.... hau6y wdvee the Work of ell exemption tae el this Gmmo.w.e116 that new ere In force ar may It .n•rtn he In fore. er in any alien or action, that may ccrua an 161. onbob and in any di.bea or dietrers that may he mad. for Collection of the whole of uid sent at any, Pal thereof. Waiving she the be ".fit al stay .1.... other. fri'.Wtho, ..bn.lnn, .red .11 mar., In dl Inn,.edinp .'look oral of this luxe. M No a6swcue. aitm or hanging or pealeudinc sign at permanent ahst,ucllon of any hind hall be kept r maintained by the tenant an the reservation or sidewalk in (rent or the demind prsmho, said pace la be used only Inv perepoas eI losses, and age... Id, 71.. Party of the second Part will boar, pay and dk,Faga when and as the erma b•,em. due •,.I payable .II l.eltmut wet lawful claim. I., d.mag•a or olharwlee against said parties of the filet Past erising from Its tau or ........y el aid load Psemims or the sidewalk in from and 61..1 aid Pamirs,. and will aaums the hold.. and etpme. of defudins all such coil., whether brought 6dore the upinrien of this lease and will p.oluF Indep.nily and are h.'mle.e the aid party of the first part. his • ante, ...net.. •roplay.. and public at In • by uaon of or an .,count of the sea or .,luxe of the Premtue hereby I.... d es the idadk in front .I ilea tai, Pr1m1v.N o1 any Part thereof, duo to the no 0gene. 91 the Lone or his agents. . 19. And 1. consideration of aeu,ing the wh1do lease at the hove stated root. said float dole hereby alga end dish.... acid Lueur, hf. hall. or .alto., from any and all 61111ty for damage that may .auh Ire. the bunting, stoppage and luk.t. of any w.ta. pspa. to pipe. asw•p begin. watendoa... al... pipe and deal., and Imm all liability far any and dl dames used by th. water, to, steam, waste. and content..1 seal w.1., OP... t.. pip.,, n..m pipe.. awe,., b..ine. watar-cle.a. and drains. 70. It 1e .epr .Ar and...good by the Parties that Ill. whole agwmmt 1. embadl.d to this aguemenl and that no n Part as filing la amt"ad. 1.1'K 'tR1FR'rtlnik)M *x IK9:I!!'9QK1F?ldllFkp 91lHfditn'd:(d'r:4KfihliKt`'.Y)h'iYi6YW'fXd'?LYkY.Y.Yd'r.V.Yd:Ye 1,ii1,, XA'A?,k. R 9Y e4hfKR!(?'h x11RWf'M hfKlPhyl#)hMA144kq?,rWX 11 Y?XXX't°t?11X7EE?n'X?`1tXRRXkRXx>11'fR°P?°fRS°AxAtR X. 'A1 . Sea sttsehed. Ad de a d um for add It ione1 tormn sell conditions, Who... the blood. .d .stele al ,usu." •o ............. ?......v r% Le ssor'?+._ _. __.___..?._......_.._....__._._ _ A''T?TTrS ?4Y? 1L 1 v "" .... . . D6tIF.T I05 C. '10 TS 505 Secretary . ... Lessor, m t >=,SS V-a. a. 1 te.t) klk?ikL ' , trnwi et let ale is hr ? F 1,? 1 tv r^ttri tr '' ,Y W ADDENDUM 23. The term of this lease will begin on the first day of January, 1990 and shall end on the 31st day of December, 1994. Lessee shall also have the option to renew this lease agreement for three (3) additional terms of five (5) years providing Lessee is not in default of the terms and conditions of this Lease Agreement. The Lessee may exercise each option to renew by giving Lessor written notice of its intention to exercise the option at least four (4) months prior to the end of the then current lease term. 24. The Lessee agrees to pay the following minimum rent beginning January 1, 1990: a. Beginning January 1, 1990 through December 31, 1990, Lessee shall pay annual rent in the amount of $14,400.00 in equal monthly installments of $1,200.00 per month. b. From`January 1, 1991 through December 31, 1994, Lessee shall pay rent during the term in the amount of $76,800.00 in equal monthly installments of $1,600.00 per month. C. In the event Lessee exercises its first five (5) year option, then beginning January 1, 1995, Lessee shall pay rent during the term in the amount of $111,000.00 in equal monthly installments of $1,850.00 per month. d. In the event Lessee exercises its second five (5) year option, then beginning January 1, 2000, Lessee shall pay rent during the term in the amount of $132,000.00 in equal monthly installments of $2,200.00 per month. e. In the event Lessee exercises its third five (5) year option, then beginning January 1, 2005, Lessee shall pay rent during the term in the amount of $150,000.00 in equal monthly installments of $2,500.00 per month. 25. Except as otherwise provided herein all costs, expenses and obliga•cions relating to, or arising out of the use, occupancy, operation and maintenance of the demised premises and appurtenances thereto, including, but not limited to, water and sewer rents, telephone, heat, air-conditioning, electric and gas [ which may be incurred during the term of this Lease (including any extension thereof) shall be paid by the Lessee and 'Lessee shall and does hereby agree to indemnify and save Lessor harmless from and against the same. In the event water and/or sewer bills are billed directly to the Lessor, Lessee agrees to pay same to the Lessor or to the billing authority upon presentation of a statement for said usage. 26. Lessee shall be responsible for all snow removal and trash removal from the premises which it occupies. as its share7of agreetaxess to per year $500.00 shall be due and payable on January 1, ofpeach a said the lease--term beginning with January 1, 1990. Year of 28. This lease may not be assigned or sublet by the Lessee without the Lassors written consent, which consent will shall not be unreascnably withheld. shall 29. Lessee harmless from and against anyiandmally claLessor and sav it ims, actions, damages liability and expense, including but not limited to attorneyAs and other professional fees, in connection with the loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon, or at the Premises, or the occupancy or use by Lessee of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants, lessees or concessionaires. in case Lessor shall, without fault on its any litigation commeiced by or against Lesart, a to see,bthendLesseershall protect and hold Lessor Harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by. Lessor in connecticr, with such litigation. Lessee shall also pay all costs, expenses and reasonable attorney yAs fees that Imay' be incurred or paid-by Lessor in enforcing the covenants and agreements in this lease. b. Lesser shall not be responsible or liable to Lessee, or to those •;laiming by, throuqn or under Lessee, for any loss or damage which may be occasioned by or through the acts or omissions of persons occupying space adjoining the Premises or Y part of the premises adjacent to or connecting with the Premises or any other part of the Shopping Center, or otherwise, or for any loss or damage resulting by Lessee, or those claiming by, through or under Lessee, or its or their property, from the breaking, bursting, stoppage or leaking of electrical cable and wires, and water, gas, sewer or steam pipes. To the maximum extent Premises, as use1such other portionsoofs the nShopping Center, as Lessee is herein given the right to use, at Lessee's own risk j?`, c. At all times after the execution of this 'Leasei0vn Lessee will take out and keep in force, at its expense:, 'f3 v >. ,. r+tt f :h f M 1 S.iR, i_ f 4"4j (1)• Public liability insurance, including insurance against assumed or contractual liability, with respect to the Premises, to Ufford protection to the limit, for each occurrence, of not Tess than one Million Dollars $1,000,000.00) with respect to personal injury or death, and Five Hundred Thousand Dollars ($500,000.00) with respect to property damage. (2) All risk casualty insurance, written at replacement cost value and with replacement cost endorsement, covering,gLU of Lessee's personal property in the Premises (including without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Lessee under the provisions of this Lease) and all leasehold improvements installed in the Premises by Lessee. (3) t the workmen's compens y einsurance required by law, ationfornsimilarl required by law. in form and amounts the replacement cost ofetheabuildingdimpcoverage rovementsslocatedeonatheo premises with the Le;i.sor named as "Loss payee" to the extent of the Lessor's interesZ:. d. Lessee shall require any contractor of Lessee performing work on the Premises to take out and keep in force, at no expense to Lesson; including contractor'soliabilityvcoverage, contractualnliability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford rrotection to the limit, for each occurrence, of not less than One Million Dollars ($1,000,000.00) with respect to personal injury or death, and Five Hundred Thousand Dollars ($500,000.00, with respect to property damage; and (2) workmen's compensation or similar insurance in form and amounts required by law. e. Lessce shall maintain glass insurance on all plate and other glass. f. Lessor shall be named a§ an additional insured at no cost to Lessor and each such policy, or a certificate thereof, shall be deposited with Lessor b commencement of Lessee' by Lessee promptly upon s obligation to,procure the same. leased g' All increases in fire insurance premises due `o an increase in the rate in excess of the rate on the leased premises at the time of making this Lease shall be paid by the Lessee. 30. The parties hereto acknowledge that Lessee intends to make certain renovations to the existing improvements located on the leased premises in accordance with the plan of property attached hereto as Exhibit "A". Lessee shall not make any structural or exterior alterations or interior alterations to the premises without Lessors prior written consent, which shall not be unMsonably withheld. After receiving Lessors written consent, Lessee will make no alterations to the premises until a Stipulation of Liens is filed with the Prothonotary of Cumberland County prior to the institution of any work on the premises. Lessee will not permit any Mechanic's claim or lien to be placed upon the premises or any building or improvement constituting a part thereof during the term, and in case of the filing of any such claim or lien, Lessee will promptly discharge same or procure a lien release bond by a good and sufficient surety corporation in an amount equal to one half times the amount of claim or lien. 31. In the event the Lessor should refinance the said premises during',;the term of this Lease Agreement or any extension thereof, the Lessee agrees to subordinate the Lease Agreement to such future mortgages or other security instruments encumbering the buildings or land upon which it is erected, or fixtures (owned by the Lessor) or other appurtenances thereto. Lessee covenants to axecute such documents as requested by Lessor to confirm or to substantiate such subordination, and upon failure to do so, hereby irrevocably appoints Lessor his, agent and attorney in fact to execute the same on his behalf. 32. Lessee shall be responsible for all maintenance and repair work required to the improvenents located on the leased premises and Lessor agrees that _it will not enter the premises for the purpose of performing maintenance work. 33. Upon. default in the payment of a part of the rent . after the same becomes due, or upon the failure or neglect of '. Lessee to comply with any of the covenants, conditions or agreements herein contained, and after ten (10) days written notice from the Lessor specifying the default and notice to cure or upon the termination of this Agreement by forfeiture, default or expiration, Lessor shall have full power and authority concurrently as follows: (a) Lessor may consider Lessee at will, and . .. re-enter and repossess all of the land and premises immediately, either by force or otherwise. (b) Lessor may apportion any rent which he has received and further distrain for all rent in arrears due or for any made payable in advance, as herein elsewhere'provided. (c) If Lessee shall fail to pay the rent as the same becomes due, or shall otherwise breach any of the conditions, covenants or agreements herein contained, either during the original term of this Agreement or any extension or renewal thereof, or if the term hereby created or any extension thereof shall have expired, then this Lease Agreement shall, at the option of Lessor, terminate and become void without any right on the part of Lessee to save the forfeiture by payment of the rent due or by any other performance of the condition, covenant or agreement breached, and any attorney of any court of record, as attorney for Lessee, and all who come into possession during the term or continuance of this Agreement or under Lessee, may appea~ and sign an agreement for entering in the said court an amicable action in ejectment and confess judgment ;:herein, in favor of Lessor, his successors or assigns, as Plaintiff, and against Lessee, and all who come into possession during the term or continuance of this Lease Agreement, or under Lessee, as Defendant, without any stay of execution to appear for the _ecovery by Lessor or possession of the herein described premises, without any liability on the part of said attorney, and a writ of execution as now or hereafter provided by laws or Rules of Civil Procedure governing the enforcement of judgments may issue forthwith without any prior writ of proceedings, the Lesser:, and all who come into possession during the term or continuance of this Lease Agreement or under Lessee, hereby waiving all notices, errors, irregularities and defects, and releasing and agreeing to releas? Lessor from the same. The entering of such act.on and confession and execution of judgment therein shall neither preclude the bringing of further amicable actions and confessions of judgments, hereunder nor the resorting by Lessor to other actions and remedies. (d) For the purpose o_,making distraint or for the enforcement of any other. provisions of this Lease Agreement, Lessor shall be at liberty to enter into and upon ehe said premises either by force or i. otherwise, and also in case of distraint, the goods levied upon may, at the option of Lessor, be allowed to remain on the premises until sold or otherwise released, and any appraisement or sale under such levy may be held at any time Lessor may desire, and said levy shall be in full force and effect until such sale shall be held or the same is otherwise released, any law or custom to the contrary notwithstanding. And for the further securing of said rent, Lessee hereby authorize.; and empowers any attorney of any court of record to appear for and to enter judgment against Lessee for the entire rent reserved for the whole of said term, with or without declaration, with costs of suit, release of errors, without stay of execution, and with'3ive (5%) percent added for collection fees; and also waives the right of inquisition of any real estate that may be levied upon to collect said judgment and does hereby voluntarily condemn the same, and authorizes the Prothonotary to enter upon any writ of execution said voluntary condemnation, and further agrees that said real estate may be sold on a writ of execution as now or hereafter provided by law or the Rules of civil Procedure governing the enforcement of judgment and hereby waives and releases all relief from any and all appraisement; stay or exemption laws of any state, now in 'force or hereafter to be passed. The entering of such action and confession and execution:-of judgment therein shall neither preclude the bringing of further amicable actions and confessions of judgments, hereunder, nor the resorting by Lessor to other actions and remedies. 34. If requested by Lessee, Lessor agrees to execute a Landlord's Waiver living, relinquishing and releasing unto any lending institution; all right of levy or distraint for rent and all claims, liens and demands which the Lessor may have for equipment to be installed on the premises by the Lessee until Lessee's obligations. to the lending institution are paid in full. The Lessor further understands and agrees that upon the termination of this-lease agreement, LeD5see shall have the absolute right, providing it is not in default under the terms of this agreement, to r3move all of its equipment from the leased premises. 35. Lessor grants to Lessee an option to purchase the premises described oa the plan of property dated August 22, 1989, attached hereto, for the total consideration of $275,000.00. This option shall expire on December 31, 1990, and may be exercised only if the Lessee is not in default under the terms of this Lease Agreement. If the option is exercised, the parties agree that settlement shall be held on or before January 31, 1991 or sixty (60) days after Lessee notifies Lessor of its intention to exercise the option, whichever shall first occur. At settlement, the parties shall share all realty transfer taxes equally and real estate taxes and municipal utilities shall be pro rated to the data of settlement. Settlement is contingent on Lessor obtaining an approved subdivision for the proposed premises at their ow.: cost. Notwithstanding the foregoing, Lessor shall retain in easement and right of way over said lands to provide for ingra;s and egress to the shopping center. 36. Durih3 the term of the lease agreement and any extensions thereof, as long as the Lessee is not in default under the terms of the Leane Agreement, Lessor grants to Lessee a right of first refusal to purchase the two tracts of land situate in Lower Allen Township, Cumberland County, Pennsylvania, which are generally known as the "Lower Allen Shopping Center" and which are described in Cumberland County Reco-:ds in Deed Book D, Volume 31, Page 216 by deed dated March 1, 1985. Upon receipt of a bonafide offer for purchase of the hereinabove premises, Lessor agrees to notify Lessee of the offer, in writing, and Lessee shall have thirty (10) days from receipt of this notice to notify Lessor of its intention to purchase the premises under the same terms and conditions as set forth in the bonafide offer. Settlement will be hald no later than sixty (60) days from the date of receipt of notice by Lessee. 37. The parties agree that each shall pay one-half of a certain bill from Carlos R. Leffler, Inc., dated November 20, 1989, pertaining to the removal of gasoline storage tanks on the subject premises at the Lower Allen Shopping Center, which bill totals $17,980.00. Lessee agrees to pay $8,990.00 and Lessor agrees to pay $8,99J.00, both payments,to be due upon the execution of the lease agreement. 38. At the time of the execution of this agreement; Lessee agrees to pay Lessor the sum of;$1,200.00 representing pre-lease rent for the month of December, 1989. Said $1,200.00 shall be due and payable upon the execution of this lease agreement. 39. All notices required under this Lease, Agreement shall be mailed by cartified mail, return receipt requested to the parties as follows: To Lessc:: Theodoratos & Moutsatsos .,i I i 0 Copy to: Steve C. Nicholas, Esquire 3207 North Front Street Harrisburg, PA %.7110 C To Lessee: Triangle Car Wash, Inc. 973 East Main Street Tn'-U Palmyra, PA 17078 Copy to: Fredericks. Wolfson, Esquire 1601 Cornwall Road Lebanon, PA 17042 The parties intend that this Addendum shall become a part of and shall be incorporated in the commercial Lease Agreement to which 1.= is attached. WITNESS: TTEST: QT . Secretary /SSO : DENNIS T'1E0 ORATOS DEMETRIOS G. HOUTSATSOS LESSEE: jZ74 W7?SH INC. P esident L S E P- 2 T- e 9 WED 1 9 : . . R S R NIF n 5n°PPin9 \ C°oerce.?ler y 0 5'Oo 6 or A1 5 /O' 1 . u b P,rli7TOCK•H rAIAIV ,E179i7eers e6llrYeyors 429 S. /d 1* S/reef Comp Nil/, Po, /7065 Ph. 717.737-6641 N c O v' 1 7 o, M .a ?in 6°l \ \ 1ae?0I n \\ >ff;ce \ ? ? f°o,rn°r`d \ c°n O 0 gerl, c° C-% '„n .L L - ipn Is or, , 1 o?,a S?berem afnp -e- 'Ott lyL r (J`? 04 R. 21 +a? Rood P/an ofP/'operfy S b? 7-R14NGL E CAR WqS1-1 on Lends of LorYerq//en Shopping:. Ce??ert L werAl/en Twp, Cumber/oi d c?, 4, Sco% / : 20' Aug: 22, /989' 1 .100- 9/8 FROM TRIANGLE PHONE NO. : 7178387131 Oct. 19 1998 02:01PM P4 IN TIIF. COURT OF C'OMN10N PLEAS OF CUNIBFRLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, W THE TOWNSHIP OF LOWER ALLEN NO EMINENT DOMAIN PROCEEDING W REM DECLARATION OF TAKM TO PHE HONORABLE, THE JUDGE.; OF THE SAID ('OUR-f: This Declaration of Taking, based on the provisions of Article 1V, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. L. 84, 26 P. S. 1402, as amended, respectfully represents that: 1 Transportation, acting through the Secretary of Transportation. 2. The address of the Condemnor is: Commonwealth of Pennsylvania S? o$ r? Department of Transportation 4 Office of Chief Counsel Forum Place 9'h Floor n.+ 555 Walnut Street O0 Harrisburg, Pennsylvania 17101-1900 3. The Department of Transportation is authorized by the s y 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. The Condemnor is the Commonwealth of Pennsylvania, Department of FROrt : TRIANGLE PHONE NO. : 7178387131 Oct. 19 1998 02:01PM P5 4 The within condemnation has been authorized by a plan signed by the Secretary of Transportation on April 13, 1998, entitled "Drawings Authorizing Acquisition of Right-of-Way for State Route 2014, Section 019 R/W in Cumberland County," a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1, at Page 121 on May 12, 1998. 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, 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 being condemned hereby is fee simple and a temporary conamcdon easement, 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral rights (including rights to gas and oil) in those areas are hereby excepted and reserved from this condemnation, provided however, that the right of support of the areas condemned is included within the scope of this condemnation, and no access from the surface of such areas for removal purposes will be allowed without permission from the Commonwealth. i FROM TRIANGLE PHONE NO. : 7170307131 Oct. 19 1990 02:02PM P6 10. The payment of just compensation in this matter is secured by the Commonwealth's power of taxation. 11. 1, William D. Pickering, P.E., Chief, Right-of-Way and Utilities Division, of the Department of Transportation, do hereby depose, swear and affirm that 1 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 4rtd-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 a temporary construction easement are hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. William D. Pickering, P.E., Chief, Right-of-Way and Utilities Division FROM : TRIANGLE PHONE NO. : 7178387131 Oct. 19 1998 02:02PM P7 C`DhIMONN'EALTN OF PENNSYLVANIA D•Pemmnrof T•eneoomnon SCHEDULE OFPRpPERYYCONDEMNED (Decbretlon of Tekinp) PRO. ?ROJ, No, COt/NTy 100x Stata Lower Allen Twp- 2014-019 'TY?e os--- O O ,. Deed Ducrivuon ? N CMde Fyn r 1-14 of filing "it Notice R OHia„now recorded se filed I. fi#W,&eq C MAII NO. CLAIM PROPeRT lEry' iRESTOPCONDE= MNilE, ATTACHED • Ga OP PLOT PLAN AND LOCATION Of NUMeI¢q 2 CONDEMNED ?ROPlRTT SCRIP, - os (IF AfVYI TInN 2104149 Angela Milono oul RU? ANY) leOROEOIN 6 George S. Ntzanis, Thomas S- NtZanIS R Cabince 3, Tenante in COmmOn OrAwer 1, 2210 Gettysburg Road Paae 121 Camp Hill, PA 17011 Sheets 613,14, As Thair Interests May Appear & 22 ppear Location of Pro art Book 158, Page 79 '3 I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. TRIANGLE CAR WASH, INC. By: David A. Barto, Controller 1 0 ?: , ?, - _. -- , , _? _, _, .> _. ., '':; ?-, ?- ?:, ? :` J :7 ?? '.C:-: I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Christopher J. Clements, Assistant Counsel in-Charge Right of Way Section Supreme Court LD. #44699 555 WALNUT STREET--9TH FLOOR HARRISBURG, PENNSYLVANIA 17101-1900 (717) 787-3128 FAX (717) 772-2741 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. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC. (lessee), Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant PRAECIPE TO THE PROTHONOTARY: CIVIL ACTION -- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS -- IN REM Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. T-• ?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. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION -- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS--IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached praecipe for entry of appearance in the manner and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL: John J. Ferry, Esquire REILLY, WOLFSON, SHEFFEY, SCHRUM & LUNDBERG 1601 Cornwall Road Lebanon, PA 17042 Dated: January 31, 2000 Respectfully submitted, OFFICE O C I F C SEL By: Chnstoph eme Asst. Counsel in-Charge Attorney for the Defendant In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of the Right-of-Way for State Route 2014, Section 019, in the Township of Lower Allen DEBORAH JEAN EICHELBERGER, Debtor No. 1998-4346 Civil Eminent Domain Proceeding In Rem Chapter 7 PRAECIPE TO SUBSTITUTE APPEARANCE TO: PROTHONOTARY Kindly withdraw the appearance of John J. Ferry, Jr., Esquire and enter the appearance of Frederick S. Wolfson, Esquire, on behalf of Triangle Car. Wash in the above matter. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP r j-Jn J. i erry, r.75 07 rederick S. Wolfson = ID# 06390 1601 Cornwall Road Lebanon, PA 17042 Date: ?.> 2001 (717) 273-3733 n c? - nw, G7 _ Vir •? ?' c r Jr? `y ?n C .. ?i :r :a IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGIIT-OF-WAY FOR S'rATE ROUTE 2014, SECTION 11111, IN THE TOWNSHIP OF LOWER ALLEN ANGELA M1LONOPOULOS, THOMAS S. NTZANIS,: nd GEORGE S. NTZANIS, con de,nnee.VPetiri o,rerc JUL K2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL Aurm - LAW No. 98-4346 CIVIL EMINENT DOMAIN PROCEEDINGS IN REM Chaim No. 2104149 ORDER AND NOW, this day of 2003, upon consideration of the Petition of Condemnees, An?"vela MiIonwosholl, S. Ntzanis, and George S. Ntzanis, for Appointment ora Board of View, the Hollowing are appointed to a Board of View to ascertain and award just compensation to Condenutees: ??_. • ,,, ??' ?ir;n.. ?? » y ,, c??p,.,• ?-? - ? y?' -?J , '? 0 IN RE: CONDEMNA'T'ION BY IN THE COUR'T' OF COMMONPLEAS OF THE COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT O F '1' RA N S PO RTA'T'1 O N, OFTHE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION tll'), IN T?IE TOWNSHIP OF LOWER ALLEN ANCELAMILONOI'Ol1LOS, CIVIL ACTION-LAW THOMAS S. NTZANIS, :uid GEORGE No. 98,4346 CIVIL S. NTZANIS, CondennleeVVeliggliery EMINENT DOMAIN PROCEEDINGS IN REM Claim No. 2104149 PETITION FOR APPOINTMENT OF BOARD OF VIEW TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis (hereinafter "Condenutees" or "Petitioners") by and through their attorneys, Joseph A. Klein, P.C. respectti illy represents that: I. On or about July 28, 1998, and thereafter, Condenmees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis were the owners in fee simple of certain improved commercial real estate situate in the Township of Lower Allen, Cumberland County, Pennsylvania. 2. By virtue of the Declaration of Taking tiled on or about July 28, 1998, docketed to No. 98-4346, in the Court of Common Pleas ofC.umberland County, Pennsylvania, the Defendant/Condenmor, Commonwealth of Pennsylvania, Department of Transportation, acquired, appropriated, and condemned a portion of Petitioners' aforesaid and above-described property in the Township of Lower Allen, Cumberland County, Pennsylvania, in fee simple absolute for purposes of highway construction. 3. On July 28, 1999, upon Petition For the Appointment of Board of Viewers tiled on behalf of Triangle Car Wash, Inc., a tenant of Petitioners at the subject premises, an ' Order was issued naming williant f)uncan, Esquire, Fred I lell'ellinger, and Elmer Ritter to a Board of View. 4. There are no Preliminary Objections outstanding relating to the Commonwealth ofPennsylvania, Dcpertntcrtt ()"Transportation's Declaration of Taking. 5. Condemnor COntmonwealth orpennsyivanut, Department or Transportation made it payment OrLstintated Just Conytensalion In Petitioners/Condell' nees on or about October 5, 1998. 6. Petitioners and the Contntonwealth of Pennsylvania, Department of Transportation have been unable to agree on thejnst compensation to be made for the condemnation of the alcresaid premises. 7. The atixesaid premises are store tidly described in the Declaration of Taking filed on or about July 28, 1998. I t WHEREFORE, your Petitioners, the instant Conclenurces, by and through their attorneys, Joseph A. Klein, P.C., respectlirlly request this Iiunorable Court to appoint a Board of'View to ascertain thejust compensation clue them. Date: `1-13-03 Date: '7 -13 -0 3 Respecttidly submitted, ( JOSEPH A. KLEIN, P.C. \ e By Joseph . Klein, Esquire ( I.p. No. 07082 QUO North Third Street, 7th Fl. Post Offlice Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees An y la Milonopoulos, Thomas S. Ntzanis, ajtd Ge ;g S. Ntzanis By: Mark Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis _i i IN 1IF: ")NDEMNATION BY I'IIF COMMONIVEAL'I'll OF PENNSYLVANIA, DEPAR'I'11FNT OF" PRANSPORTATION, OF "IF Rl"If I'-OFAVAY FOIL STATE It011TE 21114, SEC'TION 111'1, IN'1'IIF.'1'01VNSIIIPQI' LOII'F;It ALLEN ANGELA MILONOPOl1LOS, THOMAS S. NT/.ANTS, ;md GEOItGE S. NT7ANTS, L'axlrnnu'?•?/'r'ri/iouers IN'I'IIF, ('01114'1' OF COMMON PLEAS OF CIINIIIERLAND COUNTY, PENNSYLVANIA ("VII, ACTION - LAW No. 9A-4346 CIVIL EMINF,NT DOMAIN PROCF,EDINGS IN ItEM Claim No, 2104149 i CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, attorney for Condemnees, do hereby certify that on this date I served the foregoing PETITION FOR APPOINTMENT OF A BOARD OF VIEW by having placed a h'ue and correct copy of the same postage prepaid, deposited at Harrisburg, Pennsylvania as follows: VIA FIRST CLASS U.S. MAIL Christopher J. Clements, Esquire Assistant Chief Counsel in Charge C.onunomvealth of-Pennsylvania Department of Transportation Office of Chief C:oullsel P.O. Box 8212 Harrisburg, Pa 17105-8212 Attorney for Condemnor, Commonwealth of Pennsylvania, Department orTransportalion Date: "1.13 - 0 3 Frederick S. Wolfson, Esquire Reilly, Wolfson, Sheftey, Schrum & Lundberg, LLP 1601 Cornwall Road Lebanon, PA 17842-7460 Attorneys for Triangle Car Wash, Inc. 1 1'I A. KLEIN, P.C. Qy: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. IP Post Office Box 1152 1-larrisburg, PA 17108-1152 (717) 233-0132 Attorneys fiir Condemnees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis r'S a 1. _ : 41 , IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS S. NTZANIS, and GEORGE S. NTZANIS, Condemne es/Petitione rs Claim No. 2104149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 98-4346 CIVIL EMINENT DOMAIN PROCEEDINGS IN REM CERTIFICATE OF SERVICE 1, Joseph A. Klein, Esquire, hereby certify that I have this day served the foregoing PLAINTIFFS'/CONDEMNEES' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendant/Condemnor by First Class U.S. Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to the following: Christopher J. Clements, Esquire Assistant Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 May 3, 2005 JOSEPH A. KLEIN, P.C. JosdRh A. Klein, Esquire V Z.D. o. 07082 500 North Third Street, 7"' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis Plaintiffs/Condemnees fife yj U7 S!4) I$SI y t fi r c v n K ;x IN RE: CONDEMNATION BY IN THE COURT OF COMMON PLEAS OF THE COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN CIVIL ACTION - LAW ANGELA MILONOPOULOS, No. 984346 CIVIL THOMAS S. NTZANIS, and GEORGE S. NTZANIS, Condemnees1h itioners EMINENT DOMAIN PROCEEDINGS IN REM Claim No. 2104149 CERTIFICATE OF SERVICE 1, Joseph A. Klein, Esquire, hereby certify that 1 have this day served the foregoing PLAINTIFFS'/CONDEMNEES' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT/CONDEMNOR by First Class U.S. Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to the following: Christopher J. Clements, Esquire Assistant Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 JOSEPH A. KLEIN, P.C. May 3, 2005 By; M'r_? os h A. Klrein, Esquire LD. No. 07082 ' 500 North Third Street, 7a' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis Plaintiffs/Condemnees 22 ?' :3 =i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY T HE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, 0; RIGHT-OF-WAY FOR S.R. 2014, SECTION 019, IN TI4E TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. N7'ZANIS, and TRIANGLE CAR WASH, INC., Plaintiffs COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION-- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS--IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached reply of the Commonwealth to plaintiffs' requests for production in the manner and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL: in Ri Joseph A. Klein, Esq. U rN 'r 500 North Third Street, 7`h Flr.t_7 P.0. Box 1152 Harrisburg, PA 17101 Respectfully submitted, OFFICE 0 C F OU E By: C istopher lements Asst. Cou in-Charge Dated: June 2, 2005 Attorney for the Defendant tea- r. of !1 a? (1 n N ? ° = r rrI o O i J) zg V .? ?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY TI IE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR S.R. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION-- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS--IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached reply of the Commonwealth to plaintiffs first set of interrogatories in the manner and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL: Joseph A. Klein, Esq. 500 North Third Street, 7`h Flr. P.O. Box 1152 Harrisburg, PA 17101 Respectfully submitted, By; Asst. Coosel in-Charge Dated: June 2, 2005 Attorney for the (7 y N Ci 6 roil ? C /t c s rn m? r C: - - a ??? ?' N cs 5m V K l/ IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN, CUMBERLAND COUNTY TRIANGLE CAR WASH, INC., Condemnee/Petitioner Docket No. 98-4346 EMINENT DOMAIN - IN REM PROCEEDING PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled as to Condemnee/Petitioner, Triangle Car Wash, Inc. only. .JO- /0C? 2?UD / ig"i Date: -?a 05' REALLY, WOLFSON, SHI FFEY, SCHRUM AND LUNDBERG 1.1.11 By: ?& I n David J. Tshudy, ID # 86053 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 Counsel for Triangle Car Wash, Inc. ?,a? r- '(1 C._ N +7?`? iJ (?\ r F N? T IN RE: CONDEMNATION BY IN TI 1E COURT OF COMMON PLEAS OF THE COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, CIVIL ACTION - LAW THOMAS S. NTZANIS, and GEORGE No. 9R'd34G CIVIL S. NTZANIS, I'lninli-Cnnrlemneec lppellnnlc EMINENT DOMAIN PROCEEDINGS IN REM V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, JURY TRIAL DEMANDED Dcfenrlnn!-('.nnc%nnnr-?Ippellee ; CLAIM NO.: 2104149 APPEAL ON BEHALF OF PLAINTIFFS-CONDEMNEES-APPELLANTS ANGELA MILONOPO F OS THOMAS S. NTZANIS AND GEORGE S. NTZANIS FROM REPORT OF THE BOARD OF VIEW A. Areal from Report of the Board of View 1. AND NOW, this 23rd day of November, 2005, Plaintiffs-Condemnees- Appellants, Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis, by their attorneys JOSEPH A. KLEIN, P.C., hereby appeal from the Report of the Board of View filed in the above-captioned matter on October 28, 2005, in the Court of Common Pleas of Cumberland County, Pennsylvania, and set forth in support thereof the following in accordance with Section 1-516 of the Eminent Domain Code, 26 P.S. §1-516; 1. The Appellants are Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis, in the above-captioned action, in their capacities as the owners in fee simple of the real estate and improvements situate thereon, the subject of a partial taking by Appellee. 2. The Appellee is the Commonwealth of Pennsylvania, Department of Transportation, Defendant-Condemnor-Appellee in the above-captioned action. 3. On or about July 28, 1998, Appellants were the sole owners in fee simple of real property and improvements in the Township of Lower Allen, Cumberland County, r Pennsylvania, which real property is more hilly described in the Declaration of Taking filed by Defendant-Appellee-Condemnor to the above Court term and number (No. 1998- 4346 Civil Term) on or about that date. 4. The within Appeal is taken by Plaintiffs-Condemnees-Appellants from those specific findings of the Board set forth infra in Section "B" herein and contained in the Report of the Board of View filed with the Prothonotary of Cumberland County, Pennsylvania, on October 28, 2005. R. Specific Findings Contained in the Report of Board of View from which Appeals are taken Appellants specifically object to and appeal from the conclusion as expressed in terms of the monetary award contained in Paragraph 5 of the Report of the Board of View: "...As a result of the testimony provided to the Board of View, the Board of View has ascertained that the damages that were occasioned by the Condemnor, in the taking of a portion of the premises of Condemnees, by Condemnor, are $340,000.00, with credit to the Condemnor for amounts previously paid." 6. Appellants specifically object to and appeal from Paragraph 7 of the Report of the Board of View: "... Damages for delay are awarded pursuant to the provisions of 26 P.S. § 1-611 and shall be calculated commencing November 23, 1998." To the contrary, Appellants claim entitlement to delay damages pursuant to Section 1-611 of the Eminent Domain Code commencing July 28, 1998, the date Appellee filed its Declaration of Taking. or 7. Ajury trial is demanded by Appellants. Date: November 23, 2005 Respectfully submitted, JOSEPH A. KLEIN, P.C. By: 1 ,-.-Q r iJdse t A. Klein, .squire I,r No. 07082 By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. Harrisburg, PA 17108.1152 (717) 233-0132 Allorneys for Angela Milonoponlos, 7hanas 5'. Nizctnis and George S'. Nlzanis, Plainliffs-Condemnees•- Appellaws IN RE: CONDEMNATION BY IN THE COURT OF COMMON PLEAS OF THE COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 010, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, CIVIL ACTION - LAW No. 99-4346 CIVIL THOMAS S. NTZANIS, and GEORGE S. NTZANIS, Plaintlfl.'e-('onrlentnees•-Appellants EMINENT DOMAIN PROCEEDINGS IN REM V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, JURY TRIAL DEMANDED Defen,lant-(.'on,tcinnnr-Appenee CLAIM NO.: 2104149 CERTIFICATE OF SERVICE 1, Mark S. Silver, Esquire, attomcy for Condemners, do hereby certify that on this date I served the foregoing APPEAL FROM REPORT OF THE BOARD OF VIEW by having placed a tnie and correct copy of the same postage prepaid, deposited at Harrisburg, Pennsylvania addressed as follows: Christopher J. Clements, Esquire Assistant Chief Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, Pa 17105-8212 Attorney for Condenmor-Appellee, Commonwealth of Pennsylvania, Department of Transportation Date: November 23, 2005 JPH . KLEIN, P.C. By: / Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. Harrisburg, PA 17101-1152 (717) 233-0132 Allorneys, for Angela Mrlrmopoaloa•, Thomas,S. Mizemi.v and 61clorge S. Nlzcntis, Hcdnlif/§-Condenntees- Appellanls r' ?_? ro C7 cSl I1, r:: -?c7 COMMONWEAUI'll OF PENNSYLVANIA DEPAR'1'MEN7' OF'1'RANSPOR'I'ATION OFFICE OF CIIIEF COUNSEL Christopher A Clements, Amisuuu Counsel in-Charge Right of Way Section Supreme Court LD. 1144699 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL ACTION -- LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS No. 1998-4346 CIVIL TERM NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM Defendant JURY TRIAL DEMANDED CONDEMNOR'S APPEAL FROM AWARD OF BOARD OF VIEW AND NOW, the Commonwealth of Pennsylvania, Department of Transportation (PENNDOT), by its attorney, Christopher J. Clements, Assistant Counsel in-Charge, Right of Way Section, respectfully represents as follows: 1. The appellant herein is the Commonwealth of Pennsylvania, Department of Transportation, condemnor and defendant. The appellees are Angela Milonopoulos, Thomas Ntzanis 1 A` 1 } 4 and George S. Ntzanis (record owners), and Triangle Car Wash, Inc. (tenant), condemnces and plaintiffs. The tenant claim of Triangle Car Wash, Inc., is not involved in this appeal as that matter was settled prior to tiling of the viewers report. 2. As of the date of the taking, record owners were the owners in fee simple title of an improved parcel of land located along S.R. 2014 (Gettysburg Road) known locally as the "Lower Allen Shopping Center". The subject property is further described in the within declaration of taking filed at the above-captioned court term and number and by deed dated April 30, 1997, recorded May 23, 1997, in deed book 158, page 79. 3. PENNDOT appeals from the report of the board of view filed in the above-captioned matter on or about October 28, 2005. 4. PENNDOT appeals herein from the viewers' award in the amount of $340,000, which award is excessive. 5. A jury trial is demanded. Respectfully submitted, OFFICE Obl CHIEF COUNSEL By: Asst. Couns I Attorney for 2 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. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION -- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS--IN REM CERTIFICATE OF SERVICE I certify that I am serving the attached appeal from report of board of view in the manner and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL: Mark S. Silver, Esq. 500 North Third Street, 7`h Fir. P.O. Box 1152 Harrisburg, PA 17101 Dated: November 23, 2005 Respectfully submitted, C Attorney for the Defendant N 3 T s, r. tJ y`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA M RE: CONDEMNA'T'ION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF'I'RANSPORTATION, OF RIGHT-OF-WAY FOR S.R. 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN CIVIL. ACTION -- LAW ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Condemnees No. 1998-4346 Civil V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : EMINENT DOMAIN PROCEEDINGS--IN REM Condemnor Claim No. 2104419 NOTICE OF FILING OF REPORT OF VIEWERS R. Fred Hefelfinger James P. Sheya William A. Duncan, Esq. 247 West Baltimore Street 433 Mooreland Avenue 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013 Enclosed herein please find report of the Board of View dated October 2005, concerning the premises owned by Plaintiff-Condemnee situate in Lower Allen Township. The said report shall be filed in the ffrce of the Proth otary of the Court of Common Please for Cumberland County on QC? 2005. The report shall become final unless and appeal therefrom rs file within thirty (30) days from the date the report " is filed. wr 10 ?,w F p, pQoU?pS ftt r i r'? Board of View Wil mm A. Duncan, hainnan Board of View f ed (efelfinger, c r Bo d of View r Sheya; IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNA'T'ION BY THE' COMMONWEAL'T'I I OF PENNSYLVANIA, DEPARTMENT' OF'1'RANSPOR'['A'I'ION, OF RIGHT-OF-WAY FOR S.R. 2014, SECTION 019, IN TI IE TOWNSHIP OP LOWER ALLEN ANGELA MILONOPOULOS, THOMAS NTZANIS and GEORGE S. NTZANIS, and TRIANGLE CAR WASH, INC., Condemnees V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Condemnor CIVIL ACTION -- LAW No. 1998-4346 Civil EMINENT DOMAIN PROCEEDINGS--IN REM Claim No. 2104419 REPORT OF THE BOARD OF VIEW TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this ??day of DC-7l?,L{/ \ 2005, the undersigned Board of View submits the following Report to the Court of Common Pleas of Cumberland County, Pennsylvania as follows: 1. The assigned Viewers were appointed by your Honorable Court on July 30, 2003, to ascertain and award just compensation to Condemnees. 2. Site views were held July 2, 2004, and March 29, 2005. Hearings were held March 22 and 23, 2005, and August 23, 2005, in the above-captioned matter. The parties have stipulated all required Notices were provided. The Board the revisited the site and reviewed all testimony and exhibits prior to making a decision. 3. A copy of the plan showing the extent of the taking or injury upon which the Viewers' Award is predicated is attached hereto by which Condemnor, Commonwealth of Pennsylvania, Department of Transportation, acquired, appropriated and condemned a portion of Condemnees' aforesaid and above-described property in the Township of* Lower Allen, Cumberland County, Pennsylvania, in The simple absolute. 4. The Declaration ol'Taking in the above-captioned action was tiled on July 28, 1998. 5• After viewing the property, the Board of View adjourned to the Cumberland County Courthouse, Court House Square, Carlisle, Pennsylvania, where on March 22 and 23, 2005, and August 23, 2005, testimony was taken by the respective parties. As a result of the testimony provided to the Board of View, the Board of View has ascertained that the damages that were occasioned by the Condemnor, in the taking of a portion of the premises of Condemners, by Condemnor, are $340,000.00, with credit to the Condemnor for amounts previously paid. 6. The Board also awards the statutory sum of Five Hundred ($500.00) Dollars as limited reimbursement for appraisal, attorney and engineering fees pursuant to the provisions of 26 P.S. § 1-610, to the extent the same has not already been paid. 7. Damages for delay are awarded pursuant to the provisions of 26 P.S. § I- 611 and shall be calculated commencing November 23, 1998. 8. The claim of Triangle Car Wash, Inc., has been previously resolved between it and Condemnor and is not a part of this Report or award. CONCLUSION OF LAV? I • Condemnor is to pay the Condemnee ajust compensation for the premises, which calculated by taking the difference between the fair market value of the Condemnee's entire property interest immediately before the condemnation and as unaffected thereby and the fair market value of her property interest remaining immediately after such condemnation and as affected thereby, and such other damages as provided in the Eminent Domain Code. CONCLUSION The Board of View reports that after a careful and impartial consideration of all f, the evidence submitted to it and after a careful view of the subject premises the Board of ? b. ?L1 .,. _ ., _.. .. G View rinds and awards the sum of'Mrce I lundred Forty Dollars ($340,000.00) its just compensation. "fhe following is the assessment of the costs of the Viewers: William A. Duncan, Chairman 1 I days a $250.00 $2,750.00 1 Irvine Row Mail 16.28 Carlisle, PA 17013 1'01111 $2,766.28 R. Fred Iiefelfrnger 247 West Baltimore Street Carlisle, PA 17013 James P. Sheya 35 East High Street Carlisle, PA 17013 9 days @ $125.00 $1,125.00 9 days @ $125.00 $1,125.00 Total Cost of Viewers $5,016.28 2005 Witness our hands and seals this Day of i Date: C. Date: I p / 7 / r>'?- Date: ??. William A. Duncan, Esquire Chairman, Board of View Board of View I Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Mr. R. Fred 1-lefelfinger 247 West Baltimore Street Carlisle, PA 17013 Mr. James P. Sheya 433 Moorcland Avenue Carlisle, PA 17013 David J. Tshudy, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg, P.C. 1601 Cornwall Road Lebanon, PA 17042-7460 (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net January 13, 2005 Christopher J. Clements, Esquire Assistant Counsel In Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: In Re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for S.R. 2014, Section 019, in the Township of Lower Allen No. 1998-4346 Civil Claimants: Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis and Triangle Car Wash, Inc. (Lessee) Claim No. 2104149 Eminent Domain Proceedings Gentlemen: Please be advised that the date for the Hearing is scheduled for July 1, 2005. The Hearing will begin at 9:00 a.m. and held in the Fifth Floor Hearing Room of the new Carlisle Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Thank you for your prompt attention to this matter, and should you have any questions, please don't hesitate to contact my -office. Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Dtmcan Susan J. Hartman Mr. R. Fred Flefelftnger 247 West Baltimore Street Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 David J. Tshudy, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg, P.C. 1601 Cornwall Road Lebanon, PA 17042-7460 January 13, 2005 (717) 249-7780 PAX (717) 249-7800 (Ihdlaw ri)planeteablemet Christopher J. Clements, Esquire Assistant Counsel In Charge Commonwealth ol'Pennsylvania Department of Transportation Office of Chicf Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: No. 98-4346 Eminent Domain Proceedings Gentlemen: Please be advised that the Hearing in the above-captioned matter scheduled for February 17 and 18, 2005, has been cancelled. The new date for the Hearing is scheduled for March 21 and 22, 2005. The Hearing will begin at 9:00 a.m. and held in the Fifth Floor Hearing Room of the new Carlisle Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Thank you for your prompt attention to this matter, and should you have any questions, please don't hesitate to contact my office. Very truly yours, Duncan & Hartman, P.C. William A. Duncan, Esquire WAD:skg J 3 2003 IN RE: CONDEMNATION BY IN THE COURT OF COMMON PLEAS OF TIIE COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGIIT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN TIIE TOWNSHIP OF LOWER ALLEN CIVIL ACTION - LAW ANGELA MILONOPOULOS, No. 98-4346 CIVIL TIIOMAS S. NTZANIS, and GEORGE S. NTZANIS, Condejoinees/Pelifioners EMINENT DOMAIN PROCEEDINGS IN REM Claim No. 2104149 ORDER AND NOW, this day of 2003, upon consideration of the Petition of Condemnees, Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis, for Appointment of a Board of View, the following are appointed to a Board of View to ascertain and award just compensation to Condenmees: -Ii\i-M i LM D L. c _adl , Esquire, Chairman dame & BY THE COURT: P.J. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGIIT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS S. NTZANIS, and GEORGE S. NTZANIS, Coudenwee.VPe ilioners Claim No. 2104149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 98-4346 CIVIL EMINENT DOMAIN PROCEEDINGS IN REM PETITION FOR APPOINTMENT OF BOARD OF VIEW TO THE HONORABLE, THE JUDGES OF SAID COURT: i' c. The Petition of Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis (hereinafter "Condemnees" or "Petitioners") by and through their attorneys, Joseph A. Klein, P.C. respectfully represents that: 1. On or about July 28, 1998, and thereafter, Condemnees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis were the owners in fee simple of certain improved commercial real estate situate in the Township of Lower Allen, Cumberland County, Pennsylvania. 2. By virtue of the Declaration of Taking tiled on or about July 28, 1998, docketed to No. 98-4346, in the Court of Common Pleas of Cumberland County, Pennsylvania, the Defendant/Condemnor, Commonwealth of Pennsylvania, Department of Transportation, acquired, appropriated, and condemned a portion of Petitioners' aforesaid and above-described property in the Township of Lower Allen, Cumberland County, Pennsylvania, in fee simple absolute for purposes of highway construction. 3. On July 28, 1999, upon Petition For the Appointment of Board of Viewers tiled on behalf of Triangle Car Wash, Inc., a tenant of Petitioners at the subject premises an , ? i f?rz tifr i$ Sr Order was issued naming William Duncan, Esquire, rred I-Ieflblfinger, and Elmer Ritter to a Board of View. 4. There are no Preliminary Objections outstanding relating to the Commonwealth of Pennsylvania, Department of Transportation's Declaration of Taking. 5. Condemnor Commonwealth of Pennsylvania, Department of Transportation made a payment of Estimated Just Compensation to Petitioners/Condemnees on or about October 5, 1998. 6. Petitioners and the Commonwealth of Pennsylvania, Department of Transportation have been unable to agree on the just compensation to be made for the condemnation of the aforesaid premises. 7. The aforesaid premises are more fully described in the Declaration of Taking filed on or about July 28, 1998. WHEREFORE, your Petitioners, the instant Condemnces, by and through their attorneys, Joseph A. Klein, P.C., respectfilly request this Honorable Court to appoint a Board of View to ascertain thejust compensation due there, Date: `7-23-03 Date: "I -13 -03 Respectfully submitted, JOSEPH A. KLEIN, P.C. By: dosepl Klein, Esquire [.C?. No. 07082 5 0 North Third Street, 7th Fl, Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees An la Milonopoulos, Thomas S. Ntzanis, a mujk-'. S. Ntzanis By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street; 7th Fl. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis IN RE; CONDENINATION RY THE COMMONWEALTH OF PENNSYLVANIA,DEPARTNIFNT OF TRANSPORTATION, OF THE RIGIIT-OF-WAY FOR STATE ROUTE 2014, SECTION 1119, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS S. NTZANIS, and GEORGE S. NTZANIS, L'atdennree.?Pelilinners Claim No. 2104149 IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 98-4346 CIVIL EMINENT DONIAIN PROCEEDINGS IN REM CERTIFICATE OF SERVICE 1, Mark S. Silver, Esquire, attorney for Condemnees, do hereby certify that on this date I served the foregoing PETITION FOR APPOINTMENT OF A BOARD OF VIEW by having placed a true and correct copy of the same postage prepaid, deposited at Harrisburg, Pennsylvania as follows: VIA FIRST CLASS U.S. NIAIL Christopher J. Clements, Esquire Assistant Chief Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, Pa 17105-8212 Attorney for Condemnor, Commonwealth of Pennsylvania, Department of Transportation Date: -7-L3-o'? Frederick S. Wolfson, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg, LLP 1601 Cornwall Road Lebanon, PA 17842-7460 Attorneys for Triangle Car Wash, Inc. ,IQEPF> A. KLEIN, P.C. By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7th Fl. Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPOR'T'ATION, OF THE RIGIIT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, 'T'HOMAS S. NTZANIS, and GEORGE S. NTZANIS, Co n d e m n ces/1'eti ti oners Claim No. 2104149 : IN THE COURT OF COMMON 1'LF.AS : CUMIIERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 98-4346 EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF VIEW TO: David J. Tshudy, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg, LLP 1601 Cornwall Road Lebanon, PA 17042-7460 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 James Sheya 35 E. High Street Carlisle, PA 17013 Christopher J. Clements, Esquire Assistant Counsel In Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 247 Baltimore Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hcfelfinger, directing them to view the premises pursuant to the Right-of-Way for State on Route 2014, Section 019, in the Township of Lower Allen. The viewers will meet on the premises on JULY 2, 2004, at 9:00 A.M. for the performance of their duties - Q under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. j William A. Duncan, Esquire 1 Chairman, Board of View By WAD/ab A. Duncan, IN RE: CONDEMNA'T'ION 13Y THE COMMONWEALTI 101" PENNSYLVANIA, DEPAR'T'MENT OF TRANSPORTATION, OF TI IF RIGHT-OF-WAY FOR STATE ROI TH, 2014, SECTION 019, IN T111', TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUN'T'Y, TRIANGLE CAR WASI1, INC. Condenmce/Petitioner IN'I'I IF COURT' OF COMMON PLEAS 01" CUMBERLAND COUNTY, I'IsNNSYLVANIA NO. 1998-4344 CIVIL TERM I'MINI?N'I' DOMAIN PROCEEDINGS IN RI'.M NO'I'I (,Is OF C(IN77NUi177ON OF HEARING TO: Mark S. Silver, Esquire Christopher J. Clements, Esquire Joseph A. Klein, P.C. Assistant Chief Counsel in Charge P.O. Box 1152 Commonwealth of Pennsylvania I-larrisburg, 1'A 17108 Depar(ment of Transportation Office of chief Counsel R. Fred Ilefelfinger 11.0. Box 8212 247 West Baltimore Street Iiarrisburg, PA 17105-8212 Carlisle, PA 17013 James P. Sheya William A. Duncan, Chairman 433 Moorcland Avenue One Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Fifth Floor Hearing Room of the new Cumberland County Courthouse on AUGUST 23, 2005, at 9:00 A.M. and continue on AUGUST 24, 2005, for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: June 10, 2005 - WAD/skg CABOARD OF VIEMNOtice 984346 By: William A. Duncan, Esquire Chairman, Board of View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 2014, SECTION 019, IN THE TOWNSHIP OF LOWER ALLEN ANGELA MILONOPOULOS, THOMAS S. NTZANIS, and GEORGE S. NTZANIS, Condemnees V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Condemnor CLAIM NO.: 2104149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 98-4346 CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case Settled and Discontinued on the docket. Respectfully submitted, Date: December 11, 2007 JOSEPH A. KLEIN, P.C. By: \_7W X_X? ?_ Mark S. Silver, Esquire I.D. N. 09825 500 North Third Street, 7' Floor P.O. Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Condemnees Angela Milonopoulos, Thomas S. Ntzanis and George S. Ntzanis, Plaintiffs-Condemnees-Appellants a ---+ t v:7 C"? s i t: ;1 } t,?.; +??? .. -" ?"E i'-? - j ?"? r ?. r" ? ? =-?