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HomeMy WebLinkAbout01-0125 FX .~ , . ...." < 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 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. ()1-1()>6~ CiOl i EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Article IV, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. 1. 84, 26 P. S. 1-402, as amended, respectfully represents that 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. 1. 177, 71 P. S. 513(e), as amended, to acquire by gift, purchase, condemnation, or otherwise, land in ~ '" , . fee simple or such other estate or interest as it shall determine, in the name of the Commonwealth for all transportation purposes. 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on September 21, 2000, entitled "Drawings Authorizing Acquisition of Right-of-Way for State Route 0581 Section 004 RjW in Cumberland County," a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1, at page 134, on December 14, 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, 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 slope easements and temporary construction 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 condemnatio~ provided, however, that the right of support of the areas condemned is included within the scope of this condemnation, and no access from the surface of such areas for removal purposes will be allowed without permission from the Commonwealth. 10. The payment of just compensation in this matter is secured by the Commonwealth's power of taxation. 11. I, Gary C. Fawver, P. E., Chief, Right-of-Way and Utilities Division, of the Deparbnent 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, Deparbnent 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. S4904, relating to false swearing to authorities. WHEREFORE, slope easements and temporary construction 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. ---2t c tL Gary~ywver, P. E. Chief, Right-of-Way and Utilities Division ." . "41:. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ill No. 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg PA 17105-8212 ...... ~ '" RW437 (10/99) COMMONWEALTH OF PENNSYLVANlA 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 Page 1 of 1 \ REMIS Pro;. 080063 County Cumberland Fed, Proi. No. 100% State Municipality Camp Hill Borough, Hampden & Lower Allen Twos, Route-Sec. 058Hl04 ~-~ o Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number "Type of Plan (if any) No. Number Location of Condemued PrODertv (if anv) Description Recorded in 5 21000670000 Craig R. Waite and Lynda 1. Waite, hlw n/a R Cabiuet 3. Drawer 1. 1716 Chatham ReI Page 134 Camp Hill, P A 170 II , i Location: Deed Book W 35. Page I 100 : 6 21000680000 Susan J. Davis, Single n/a R Cabinet 3. Drawer I, 1714 Chatham Rd Page 134 Camp Hill, PA 17011 Location: Deed Book 176, Page 788 50 21000870000 Mamice E, Elicker, Widowed n/a R Cabinet 3. Drawer 1. , 217 St. John's Church Rd Page 134 , , Camp Hill, PA 17011 Location: Deed Book 228, Page 409 51 21000880000 Bradley 1. Keich and Stephanie L. Keich. n/a R Cabinet 3. Drawer I, hlw Page 134 10 Oakwood Cr : Camp Hill, PA 17011 Location: Deed Book 157. Page 264 I 77 21001040000 Pennsylvania Real Estate Investment n/a R Cabinet 3, Drawer I, Trust, an Unincorporated Subsisting Page 134 Association ~~ 445 Pennsylvania Ave. Suite 135 7. ~ Fort Washington. PAl 9034 Daniel 1. Massimini. Vice Presidenl , , Location: Deed Book M 35. Page I 117 I ~ >- n- :;~~ G~ ~s{~ -.'. :-:-;,-' 1.,-, - :.~~ ~,-' . - .... ;(' f'::::' o ~ co co J ~ d ;:;:j ',,- =- ~ l73 V5 ::J -s 'a: <::..) ...... c ~ 5._~ g:~ -- :'".:l-; ":'~?n -3L. ~.::::Z ,"~.ltU ~:~D= ::;. U ~ -- ~ ~ <:s- ID <::J ---- ~~ c::....J C;;;L co "'--:;.: ....., Cd 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 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL ANDTHETOWNSH~SOF HAMPDEN AND LOWER ALLEN NO. 0 I-J;1S C {1I~ I EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Stuart A. Liner, Assistant Counsel, Office of Chief Counsel, Pennsylvania Department of Transportation, P. O. Box 8212, Harrisburg P A 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-captioned proceedings. ~ c:z~ Stuart A. Liner Assistant Counsel ,:)~ ~ " . "......,.1 _~'J Dated: Jeq':"</h( ~ d{) 01 J'g >-3 ::r: n utJ::I C:::z 'TJ '" ...... tJ::In ;S:::>-3 _. ~ ::r: zen "'0 gJ::r: - uQ ro >- >-3S;;0>-;s:::...... >-3 p.. tJ::I ;s:::>-::r:>-3'TJ~;S:::Z ~tJ::I ~::r: ro S L {] ",ZtJ::ItJ::I>-3;S:::O~ 5:8 ro '" 0 "g s '" "0.... a; .... 0 tJ::I UUt:d~::r:tJ::I~~ Zc::: ::r ~. . 9~ >-3 t:r:I>-300tJ::Iz n u~ o ("J'.l ""'0 (:) z::r:e5Sl~>-3tJ::1o Z ~ cr'. rtl gl ~ 0 n>-3 roeoo ~ t:r:I >-t:r:Ic:::t:r:ICJO>-Z 9 00 Z.... ...... .....'" 0<1' n Q,SO Z z(5CJo::r:'TJS:;u C:::'TJ O",t:d >-3 ~8 '02: u~::r:~';"l>-3::r:tJ::I <::l >- x roO >-30 tJ::I .... ...... ~ 5zo~~~0;S::: ,>-< ;s::: ~I-'-oo""'" '" '" I", ,:::J'-JNn ~ rtl >- ::Een'TJgJ~Z'TJ~ "';s::: ............0 '" 'lONe "0 :; '" ::r:nn en"'>-3 t:r:IO coy-. ::; 0 ~ '" ~""">->-3>-"'tJ::I...... Zz .... '" tJ::I >-;}l;S:::5>-<~~~ ";'Joe Cf) s-':S ~ >- Z'" v.J~ ~ .....< ~ r-<O"'z"">-3 enr-< ......N _. '" r-<""::r: O>-~t:d >-<t:r:I ~ o :; ~ _. 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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGID-OF-WAY FOR STATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 0) - /2-5 TERM, 200 I CJv/1-- 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 J;t}II/,,,,,!! 8; 2.00; , was recorded in the office of the Recorder of Deeds of the above county in /I/~c:. . /300/( b.c:1 , page(s) 103/ The condemnation book and page number, file number, or microfilm number of any property plat filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned which is attached hereto. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BY cw-ic& B, District Right- ay Administrator Engineering District No. 8-0 1 " . I ! ,A ' - RW437 (10/99) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration 6fTaking) "TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Page 1 of 1 REMIS Proi. 080063 County Cumberland Fed. Proi. No. 100% State Municipality Camp Hill Borough, Hampden , & Lower Alleu Twps. I Route-See, 0581-004 ~ ~ Attached Name; Mailing Address, Property Exhibit Parcel ' Claim Interest of Condemnees, and Number .Type of Plan (if any) No. Number Location of Condemned Prooertv (if any) Description Recorded in 5 21000670000 Craig R. Waite and Lynda J. Waite, h/w nJa R Cabinet 3, Drawer I. 1716 Chatham Rd Page 134 Camp Hill. PA 17011 Location: Deed Book W 35. Page 1100 6 21000680000 Susan J. Davis, Single nJa R Cabinet 3. Drawer I. 1714 Chatham Rd Page 134 Camp Hill, P A 17011 , Location: Deed Book 176, Page 788 , 50 21000870000 Maurice E. Elicker. Widowed nJa R Cabinet 3, Drawer I, 217 St. John's Church Rd Page 134 Camp Hill, PA 17011 Location: Deed Book 228, Page 409 51 21000880000 Bradley J. Keich and Stephanie L, Keich. nJa R Cabinet 3, Drawer I. h/w Page ] 34 10 Oakwood Cr i Camp Hill. PA 17011 \ Location: Deed Book 157, Page 264 77 21001040000 Pennsylvania Real Estate Investment nJa R Cabinet 3, Drawer I, Trust. an Unincorporated Subsisting Page 134 Association 445 Pennsylvania Ave, Suite 13 5 Fort Washington. P A 19034 Daniel J. Massimini. Vice President Location: Deed Book M 35. Page 1117 i , ~ 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 0581, SECTION 004 IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 01-125 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 January 19, 2001, notice of the filing of tbe 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 schednle of the condemnees so notified is attached hereto and made part hereof. fJ~~~~ District Right -Way Administrator Sworn to and subscribed before me *~-4?~~ Notary Public My Commission Expires: NOTARIAL SEAL GEORGE D. ACHENBACH II, NolaIy PtbIic My C Hamsburg, DaUPhin County ommlsslon Expires May 22, 2004 ._..~ ~. '. , .' " . RW437 (10,99) COMMONWEALTH OF PENNSYLVANIA 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 Page 1 of 1 REMIS Proj~ I 080063 Countv I Cwnberland Fed, Proj, No, I 100% State Municipality I Camp Hill Borough. Hampden & Lower Allen Twps. Route-Sec. I 0581-004 Dt.~ o Attached I Name, Mailing Address, Property Exhibit Parcel Claim Interest of C ondemnees, and Number 'Type of Plan (if any) , No. Number Location of Condemned PropertY (ifanv) DescriDtion Recorded in , 5 21000670000 Craig R. Waite and Lynda J. Waite, hlw nla R Cabinet 3. Drawer 1. 1716 Chatham Rd Page 134 I Camp HilL P A 17011 Location: Deed Book W 35. Page 1100 6 121000680000 Susan 1. Davis. Single I nla R Cabinet 3. Drawer I. I 1714 Chatham Rd Page 134 I I Camp Hill. P A 170 II , I Location: Deed Book 176. Page 788 \ 50 21000870000 I Maurice E, Elicker. Widowed nla R Cabinet 3. Drawer I. I , 217 SI. John's Church Rd Page 134 I CampHiILPA 17011 I I Location: Deed Book 228. Page 409 I I I 51 21000880000 I Bradley], Keich and Stephanie L. Keich. nJa R Cabinet 3. Drawer I. I , hi... Page 134 10 Oakwood Cr Camp Hill. P A 170 II Location: Deed Book 157. Page 264 77 2100 I 040000 Pennsylvania Real Estate Investment Trust. an Unincorporated Subsisting Association 445 Pennsylvania Ave. Suite 135 Fon Washington. PA 19034 Daniel J, Massimini. Vice President "I >~\-. nla , > , R Cabinet 3. Drawer I, Page 134 Location: Deed Book M 35. Page 1117 -- " { ~. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF THE IDGHTOFWAYFORSTATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAl'\1P HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING AND NOW this 9th day of February, 2001. comes the Condemnee, Pennsylvania Real Estate Investment Trust, a Pennsylvania trust (hereinafter referred to as "Condemnee"), through its undersigned counsel, and files these Preliminary Objections to the Declaration of Taking filed to the above-captioned term and number and deny the power and right of the Pennsylvania Department of Transportation (hereinafter "Condemnor") to appropriate any part of its real property and improvements described in the Declaration of Taking and the Exhibits attached thereto which were filed in the matter (hereinafter referred to as "subject property"), the propriety of the procedure followed by Condemnor, and the validity of the Declaration of Taking for the following reasons as thus far known to the Condemnee. 1. The Declaration of Taking in the above-captioned matter, a copy of which is attached hereto as Exhibit 1, was filed January 8, 2001, and served on an officer of the Condemnee, Raymond J. Trost, on January 9, 2001. 2. Condemnee's property is located at 121 November Drive, Camp Hill Borough, Cumberland County, Pennsylvania. 3. The Declaration of Taking filed by the Condemnor avers in Paragraph 5 thereof, that: "[t]he purpose of the within condemnation is to acquire property for transportation purposes." 1 -,I ",,' . 4. The Declaration of Taking filed by the Condemnor avers in Paragraph 6 thereof, that: "[a] schedule of property condemned identifying and specifying the location of the property hereby condemned is attached hereto and made a part hereof." 5. The Declaration of Taking filed by the Condemnor avers in Paragraph 7 thereof, that: "[p ]lans 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." 6. The description of the condemnee's property in the Declaration of Taking is insufficient to reasonably identify such property, in violation of 26 P.S. S 1-402(b)(5). The condemnor does not specify whether all or part of the condemnee' s property is to be acquired. 7. The Declaration of Taking and notice thereof does not provide a plot plan showing the condemnee's entire property and the area taken, in violation of 26 P.S. S 1- 405( c )(8). 8. The Declaration of Taking fails to adequately describe the purpose of the condemnation, in violation of26 P.S. 9 1-402(b)(4). The Declaration of Taking merely describes the purpose as ''transportation purposes." 9. The condemnor has failed and refused to produce and in fact lacks any appraisal of the subject property setting forth the fair market value of the condemnee's property interest immediately prior to and as unaffected by the condemnation and the value of condemnee's remaining property interest imnlediately after condemnation and as affected thereby. 2 i -,. -. , 10. The purported taking of the condemnee's property is for other than legitimate public purposes insofar as it is in excess of the needs of the public and is beyond what the public need constitutionallypennits or requires. 11. The purported taking of the condemnee's property is a gross abuse of discretion by condemnor and is arbitrary and capricious. WHEREFORE, the condemnee respectfully requests that this Honorable Court declare the purported taking of its property void and of no effect and order a revesting of title in said condemnee as to the property purportedly condemned and that it further assess an award to condemnee for damages under the provisions of26 P .S, SS 1-406, 1-408. Respectfully submitted, -::-;:. e:-- ~ ---:: J--" Michael Sedor, Esq. Attorney ill. 07115 Charles Rees Brown, Esq. Attorney ill. 70612 2080 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 526-2182 Attorneys for Condemnee 3 1> .~ , . Verification I, hereby verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge and belief. I understand that the statements made therein are made subject to the penalties set forth in 18 P.S. !l 4904, relating to unsworn falsifications to authorities. I further verify that I am an attorney for the condemnee and that I am authorized to make this verification on behalf of the condemnee. ~__2 Charles Rees Brown, Esq. ").;.!< ;.~~ ~1'_ , 4 ...' ''1 ~ <-( 1__. ^~ U.J':---:. ff~f:;~ (-=j ~- I ~.. .::'::: W" ,. ;.:-~~ ~ en r ~< (.5:::~ <~ !~:;?j ~. '- \~~ -<;::7 to LiJ ::1.:iC\... '$ :s U c::"~J 0..-: en ~ u ~ <:J --<$ t . IN THE COURT OF COlvlMON 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 0581, SECTION 104 IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. OI~125 CNIL EMINENT DOMAIN PROCEEDING IN REM PETITION FOR APPOINTMENT OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: Tills Petition for Ap.pointment of Viewers, based on the provisions of Article V, Section 502, of the Eminent Domain Code, Act ofJune 22, 1964, P.L. 84, 26 P.S. 1-502, as amended, respectfully represents that: I. The Condemnee Plaintiffs are c and Lynda J. Waite, husband and wife, hereinafter Plaintiffs, the fee simple owners, through tenancy by the entireties, of the real property located at 1716 Chatham Road, Lower Allen Townsillp, as recorded in Cumberland County Deed Book W 35, Page 1100, Cumberland County, Pennsylvania. 2. The address of the Plaintiffs and the property in question is: 1716 Chatham Road Camp Hill, P A 17011. 3. The Condemnor, Defendant, is the Commonwealth of Pennsylvania, hereinafter Defendant, the Defendant acting through the Secretary of Transportation. 4. The Defendant, on January 8, 2001 filed a Declaration of Taking in the Cumberland County Court of Common Pleas. 5. The Plaintiffs have not filed preliminary objections to the Defendant's Declaration of Taking. 11 . , i 6. The Defendant, is in the process of acquiring by condemnation property owned by the Plaintiff for transportation purposes. 7. A brief description of the following property will be taken by the Defendant for both slope easements and temporary construction easements for an indefinite or unascertainable amount oftime: a. 3571.92 square feet of the rear portion ofthe property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PA 17011; b. A wooden fence surrounding the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PAl 7011; c. An aluminum storage shed on the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PA 17011; d. The trees, hedges, grass and landscaping on the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill PA 17011; e. The erection of a safety fence for the containment of the Plaintiffs' pet do g. 8. The Plaintiffs, have been assigned by Pennsylvania Department of Transportation as Parcel No.5, and Claim Number 2100670000, for the Plan recorded and filed in the Cumberland County Recorder's Office, Cabinet 3, Drawer 1, Page 134. 9. The Defendant's have proposed $6,600 as the amount estimated to constitute just compensation for damages which will accrue to the aforementioned property as a result of their condemnation. 10. The Defendant's offer for just compensation was summarized by the Defendant to constitute $3,700 in Direct Damages and $2,900 for the Temporary Easement totaling $6,600. 11. The Defendant has undervalued in its computations the fair market value of the Plaintiff s property. 12. The Defendant's offer of just compensation fails to include the cost of replacement of a new privacy wood fence which will be taken down for the temporary easement. 13. The Defendant's offer of just compensation fails to include the cost ofreplacement ofthe hedges and trees it will destroy. 7 . . . 14. The Defendant's offer of just compensation fails to include the cost of erecting a temporary fence to maintain the Plaintiff's pet dog during the temporary easement period. 15. The Defendant's offer of just compensation fails to include the cost to re-erect an aluminum storage shed. 16. The Defendant's offer of just compensation fails to include the cost to store and park the Plaintiff's Recreational Vehicle which is normally kept in the Plaintiff s backyard. 17. On February 19, 2001 in accordance with Article IV, Section 407 of the Eminent Domain Code ofl964, 26 P.S. S 1-407, the Plaintiffs submitted an application to the Defendant for the payment of the $6,600 just compensation. 18. The Plaintiffs submitted the application understanding that the $6,600 payment for just compensation will be made and received without prejudice to the rights of either the Plaintiffs or the Defendant to proceed to a final determination of just compensation by filing a petition for the appointment of viewers within five years of the date ofthe payment. 19. The Plaintiffs will take payment with the understanding that payment ofthe $6,600 shaIl be considered only as payment pro-tanto of just compensation as finaIly determined, it being understood that the Defendant shall pay to the Plaintiffs the difference between the aforesaid amount and any higher amount which may be finally determined. WHEREFORE, The Plaintiffs respectfuIly submit this Petition for the Appointment of Viewers to ascertain the just compensation of the pron:~ ~Waite Pro Se Plaintiff ;:j ~11Ak f! IA./ r17Dt-~ Lynda . Waite V" Pro Se Plaintiff " . . -1 VERIFICATION We, Craig R. Waite and Lynda J. Waite, husband and wife, legal owners of the property located at 1716 Chatham Road, Camp Hill, Cumberland County, Pennsylvania, Petitioners herein, hereby verify that the foregoing Petition is true and correct to their personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to aury Dated: :}Jb{~/O! (.~A~ 1(2 .lll~ 'tralg . Walte 'i/A~~IIA )aJo~ Lynda J~Waite :{-< <3t;."Y "',.{ ~ f ~ -- a: is U,.]Q r .~ .".v ~~: ~.~ <5'___, E;~ E:' ;,-- 1.'_ {:::l ~ C"':- >- ~ ~<( Rz -'< ,:::)23 '::"">- ~= L-WW :".33.0... :s Cl ro ~ "'" >- :;:; ~. CJ CERTIFICATE OF SERVICE I Craig R Waite and LyndaJ Waite do certify that on may 10th 2001 1 served , . by certified US mail a copy of this petition for the appointment of viewers to: The Commonwealth Of P A Department Of Transportation Office Of Chief Council PO Box 8212 HarrisburgPA 17105 od;() lei Date V&1iJ~ / Craig R Waite "J. :#1tk ~ I A JrJ;/i; ,>,Lynd J Waite ~.,.\~' ;.:.J. ~ hb Jol , , Date r1 O. ol-I~) (..,"VI I ~ ~ c<: ?= :z z ,- CD ==' s ~:1t3 0 7':: ::;;.1:: :J ~ ""- ..:;~ '2~ {~) .\. - ~i~~~ " - , --- \.-\..iLU -- --.-. ~:: ('GO- -.c.~ ~ --. ~ ~~ L~~ ~.:> L~ 0 0 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0581, SECTION 104 IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM 1:~h'/ ~ are appointed as viewers this matter. By the Court: Craig R. Waite Lynda J. Waite Condemnees P.J, ~~ Department ofTransportatio'nf " .=,-.;l 'P.O f , Condemnor Y"' Chairman, Board of Viewers FI.t~:T:''',::'i':r\CE. _,~ _, _ ._ .._, ,-," ,,,-t'"v Ut .,.,_,-.; -.' .~.,)\':I,)i ':"nl \' \ I,.~ 7' \,' il"j', (, ';1 \l"", ..,..... i). rl~~ 1 l..j p.r\ U' ~-~::; CUti\cchAi,E) CO\J\\.f\'( ?tNNS'{I.'!p.NI1\ ~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDENANDLO~RALLEN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Kindly withdraw the Preliminary Objections filed by the Pennsylvania Real Estate Investment Trust in the above-captioned action. \ MI hae Sedor, Esq. Attorney ID. 07115 Charles Rees Brown, Esq. Attorney ID. 70612 2080 Linglestown Road, Suite 202 Harrisburg, P A 17110 (717) 526-2182 ~ Attorneys for Condenmee Date: Aprill7, 2001 ~1.-? .., .... e} 'A,,;( - ~::.) " ~~= 0=. ,~- "'.< ':>..:. ~l ("""--:..- ~ ~. r t::: ~.:- ;2.~ ,-,--=' ,.<-- -'>:,:~ ,=,:::1 ._~-,~ .,.;Z :~i~ ?t. 2: -, G "",,~ <-'- ~ - ~. ~~ ~ . , C l '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RIGHT OF W A YFOR STATE ROUTE 0581, SECTION 104, IN THE BOROUGH OF CAMP HILL AND THETOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO. 01-125 EMINENT DOMAIN PROCEEDINGS-IN REM STIPULATION OF SETTLEMENT AND NOW, to wit, this /J.JJ1'dayof December, 2001, it is hereby stipulated and agreed by and between Craig and Lynda Waite, plaintiffs-condernnees, and the Commonwealth of Pennsylvania, Department of Transportation, defendant-condemnor, that the within proceedings are hereby settled and satisfied in the net amount ofTen Thousand Three Hundred Thirty ($10,330.00) Dollars. This sum includes all damages payable under the Eminent Domain Code, 26 P.S. gl-IOl et seq., as amended, and the State Highway Law, 36 P.s. g670-1 et seq., as amended, except as set forth below. Inasmuch as Six Thousand Six Hundred ($6,600.00) Dollars has previously been paid on account, the amount payable hereunder as net damages is Three Thousand Seven Hundred Thirty ($3,730.00) Dollars. IT IS FUTHER STIPULATED AND AGREED: (a) That delay compensation is payable pursuant to Section 61 1 of the Eminent Domain Code, 26 P .S. g 1-611, on the net damages less the payment on account from October 15, 2001, when possession ofthe condemned property was relinquished to the Commonwealth. (h) That the condemnees shall produce releases for or satisfy of record , . ., t . liens for all taxes and municipal claims assessed against, and all mortgages, judgments and other liens of record against the subject property as of the date of condemnation. (c) That upon delivery of the Commonwealth's check for final payment hereunder, the condemnees shall cause the dockets of these proceedings to be marked satisfied. (d) That the condemnees represent that no other parties have an interest in these damages by virtue of a lease, easement, security agreement or for any other reason, and that if any party shall assert a claim against these funds, or present a claim for damages attributable to an interest in the subject property, and shall receive a final award therefore in such party's favor against the Commonwealth from a Board of Viewers or Court of Record, then the condemnees agree to indemnify and save harmless the Commonwealth from such award, and agree to pay the Commonwealth the amount thereof together with costs and reasonable attorney fees. (e) That the temporary construction easement shall be for a period of two 2 years beginning October 15,2001 to October 15, 2003 and that the Commonwealth shall pay the condemnees $120.83 per month for every additional month beyond the two-year period for the ~ 11;}1~ Lynda wf.ite Condemnee L{JCI<:b.J , ~ .. . \ ~~C?~ Stuart A. Liner, Esquire Attorney for Commonwealth of Pennsylvania, Department of Transportation Defendant-Condemnor ....-" c&~ l " , ' . , ~ t--c. L3.., :..i,t:-. tr: ?- t:::; :S~ :~~:; ~~ .:2 ~~~~ ::) c:; -.~ u , '"""~' h) CI 13SNno~ ::I31HO ::10301::1::10 woz g 1: 830 UO~B!lodSUBJIIO juawjJBdaa BjUB^IIiSUUBd 10 ijlleaMuow~o::J ~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0581, SECTION 104 IN THE : BOROUGH OF CAMP HILL AND THE : TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM REPORT OF VlEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigneq Viewers respectively report: mSTORY OF THE CASE I, On March 27, 2001, the Condemnees, Craig R. Waite and Lynda 1. Waite, ffied a Petition for the Appointment of Viewers and on May 22, 200 1, the Court appointed William A. Duncan, Esquire, Chairman, Elmer L. Ritter and James p, Sheya, as aBoard of View to ascertain the just compensation due the Condemnees by the Commonwealth of Pennsylvania, Department of Transportation for a portion of the premises known and numbered as 1716 Chatham Road, Lower Allen Township, Camp Hill, Pennsylvania, 17011. 2. The Board of View served Notice of View on Elmer Ritter, James Sheya, Craig R. Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner, by Certified Mail, Retum Receipt requested dated September 14, 2001. A copy of Notice of View and the Return receipts therefore are attached hereto. 3. A View of the premises was held by the Board of View on Monday, October 1, 2001, at 10:00 AM., at the site, and was attended by Elmer Ritter, James Sheya, CraigR. Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner. 4, The Board of View served Notice of Hearing on Elmer Ritter, James Sheya, Craig R Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner, by Certified Mail, Return Receipt requested dated December 14, 2001, A copy of Notice of Hearing and the Return Receipts therefore are attached hereto. 5. On December 14,2001 Stuart Liner, Attorney for Pennsylvania Department of Transportation hand delivered to William A. Duncan, Chairman of the Board of View an origianl time stamped, Stipulation of Settlement, for the above referenced matter. 6, On or about December 1 S, 2001 William A Duncan, Chairman of the Board of View, notified by U. S. mail, Elmer Ritter and James Sheya, that a Stipulation of Settlement for the above referenced matter was filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, on December 14,2001, thereby voiding the hearing scheduled for January 14,2002 The following is the assessment of the costs of the Viewers: William A Duncan, Chairman 1 Irvine Row Carlisle, Pa. 17013 4 days @ $250.00 Certified Mail Total: $1,000.00 31.52 $1,031.52 Elmer L. Ritter 712 Market Street Mechanicsburg, Pa. 17055 1 days @ $125.00 $125.00 James P. Sheya 35 East High Street Carlisle, Pa, 17013 1 days @ $125.00 $125.00 Total Cost of Viewers $1,281.52 Witness our hands and seals this day l:f r~, Wiltr'am A. Duncan, Chairman t.- , IN RE: CONDEMNATION BY THE COMMONWEALTH OF : :PENNSYLVANIA,DEPARTMENT : OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR : STATE ROUTE 0581, SECTION 104 : IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM . l:.-'A/~ are appointed as viewers this matter. By the Court: P.I. Craig R Waite LyndaJ. Waite Condemnees Department of Transportation Condemnor Chairman, Board of Viewers IN HE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE : RlGHT-OF-WAYFORSTATEROUTE : 0581, SECTION 104 IN THE BOROUGH OF CAMP HILL AND THE : TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM NOTICE OF VIEW TO: William A. Duncan 1 Irvine Row Carlisle, P A 17013 Elmer L. Ritter 712 S. Market Street Mechanicsburg, PA 17055 James P. Sheya 35 East High Street Carlisle, PA 17013 CraigR Waite Lynda Waite 1716 Chatham Road Camp HilI,PA 17011 Commonwealth of Pennsylvania Department of Transportation Stuart A Liner, Asst. Counsel P.O. Box 8212 Harrisburg, P A 17105-8212 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A Duncan, Esquire, Elmer Ritter and James Sheya directing them to view the premises of the Condemnees, located at 1716 Chatham Road, Camp Hill, situate in Lower Allen Township, Cumberland County, Pennsylvania, and assess the damages, if any, by virtue of the condemnation by the Commonwealth of Pennsylvania, acting through the Department of Transportation, and that the said Viewers will meet at the premises located at 1716 Chatham Road, Camp Hill, Pennsylvania, October 1, 2001, at 10:00 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. ~~ By Certified Mail-RRR September 12,2001 ,-". ~:l~J';:)-C ->:~Y';;- ~':<.'~'JTt\M'( ~. iJ2 FEB 2 Q AM g= 1~) curi;0~~~;U ;.\1[; CCUNTY PEi'-~NSYi..\H~h!.A " postage $ , Cert.If~fa" Return 'A~ Fee ~entRtqlJired) Restricted oe\\V6rf~ (Endorsement: Rea,uired) $3.9~ 1'otaJ postage & fees $ No . ::r l"- Ll') Ll') IT o o o o ru ru rn 1J""'Sf. .,.. od I"- ,4_ "< \ ,^,:'~i~. ". . ,'u,/ H!,,?' '....... 14 p~ .f '-_'Ii 2Ull 4 ,...._..._.'''.,-.. ,,/' 'JWJW~ , ~ .' /' ."" > DUNCAN 8< HARTMAN. P.C. Attorneys at Law 1 Irvine Row Carlisle, PA 17013 -:::.>,,"/, ~ , U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only' N I . 0 nsurance Coverage Provided) o o U) ..,.. '::t" , I"- ,U) , UJ Postage fA 17ll5S $ to.~ CertIfied Fee Return Receipt Fee (EndorsetnetltReqi1ired) Restricted oerrvery Fee (.End'ol$emerrtRequJred) Tatat Postage &Fees $ 'n- '0 .0 ,CJ o ru ruN m IrS n- O C f'- .. , 0013', '.";,<. ,.14 ",.\ ,: &~\ .1",~~~~, ,~),~; " .,:',.;: '" lWllmOClt,' ---~..>-,...".,.,.....;::.,.~,' DUNCAN & HARTMAN, P.C. Attorneys at law 1 Irvine Row Carlisle, PA 17013 ---:~--. -f,. U.S. postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage provided) I'- r'l Lr1 tr =r l'- Lr1 U) PiJsJage $ .._".C.."'_,. <'~ ';:: '. ,">-. " ";. ,:b01.$ "', . ..~~,,>.\ '. <I '~\~ \f~'" \.~)\ ,"i~~\.i.J "'~'" VI.' '....1!!,J1~12001 CertIfied Fee $ to.OO $ $3$ r Return Receipt Fee o (Endorsement Re'qu1red) o RestrIctedDellveryFft t:::I (EndoIsement p,eqUired) 'Total postage &. Fees o ru ruN rn tr" IT' o C ,... DUNCAN & HARTMAN. P.t. Attorneys at Law 1 Irvine Row Carlisle, PA 17013 -------.. ---- , u.s. postal Service CERTIFIED MAil RECEIPT (Domestic Mail Only; No Insurance Coverage provided) =r ru U) . IT' ::r f'- Ul '" .,.. . 0 o Cl c ru ru rn trSi a- Dei I'- _. " _ :~ tj~'ft:tt~~;,,-~ ' N)-. __', ool3!>". , :-;', i' .': ;:,.- 14 f~".; .~);, j ~.'~~~'\< . ';':'f!~: '1e~ " \ ..~ ~:.t:a} . . "",' ~ " ' '. ':'i)ijjW2ilih - $ Certified Fee Return Recelpt Fee {Endorsement RequIred} RestriCted DeliVery fee {Endorsement Requited} $3.9 Total Post<lgEl & Fees $ /'{, ....._1 :..~...-1 DUNCAN & HARTMAN, P.C. Attorneys at law 1 Irvine Row Carlisle, PA 17013 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE : 0581, SECTION 104 IN THE : BOROUGH OF CAMP HILL AND THE : TOWNSHIPS OF HAMPDEN AND : LOWER ALLEN . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL : EMINENT DOMAIN PROCEEDING IN REM NOTICE OF HEARING TO: William A Duncan 1 Irvine Row Carlisle, PA 17013 Elmer L. Ritter 712 S. Market Street Mechanicsburg, PA 17055 James P. Sheya 35 East High Street Carlisle, PA 17013 Craig R. Waite Lynda Waite 1716 Chatham Road Camp Hill, P A 17011 Commonwealth of Pennsylvania Department of Transportation Stuart A Liner, Asst. Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 NOTICE IS HEREBY GIVEN that the Board of View will hold a hearing in the above captioned case on Monday, January 14,2002 at 9:30 AM., in the 2nd Floor Hearing Room in the Old Court House, in Carlisle, Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania will assign an official Court Reporter to record the proceedings. Should the parties to this proceeding agree to a continuance or rescheduling, you are directed to notifY William A Duncan, Chairman, immediately. William A Duncan, Esquire R. Fred Hefelfinger Elmer L. Ritter Board of View By Certified Mail-RRR December 12, 2001 U.S, Postal Service RECEIPT CERTI~IEMD Mf oAnlfLy. No Insurance Coverage Provided) {DomestIc 81 , a- ()I1EQiWlI~ pC7O$ A L ['- .. U) .'" ,'" '0 $O.M ' .. 0 Pos!s!ile ,$ 0- .J1 CertlJied Fee =r- . Relum Receipt Feet n.J (EndOlSall'lent Required) 0 -0 Restr1ctad.DelivelY Fee 0 (Endorsement Required) $ 0 Total Postage & Fees m, rn .-'I 0 0 CI ['- " ." , , U S Postal Service CE'RTIFIED MAIL RECEIPT . (Domestic Mail Only: No Insurance Coverage PrOVided) _J....~:rn:iiF.l...,-:,l,.j{-r" ~::!;ti1~:r.-lI,~1ID..;;I:(Il::!I:.lI . . _ __ ""jrlF:1J..m~l'~"~"1"~"'''~''.lTl~~r..~r;r;_ .'.1.1111;;1.."1 ~ , _ ,. "',' _ ,,' ru o CAp! "1ft p~ 1~ i ,A .JJ LfI 0 $O.M 0 Postage $ Ir .JJ CMtlfied Fee ;:I" ru Return Receipt Fee 0 (Endorsement Required) 0 Resbicted Delivery fee 0 (Endorsement Requll'ed) $ 0 Total Postage&Ftll!ll) m LfI M 0 0 0 !'- U S. Postal Service CERTIFIED MAIL RECEIPT _ (Domestic Mail Only; No Insurance Coverage PrOVided) U1 .JJ' U1 ()..~1~1 <0 QCAI!JlSlfl>i\ 170~ I A I U1 LfI "- CI $O,M Cl $O.M CI Postage $ .0 Postage $ 0- Ir ..n Certified Fee ..D Certified Fee =r- ;:I" ru Retum Receipt Fee Return j!leceipt Fee (Endo:sement Required) ru (Endorsement Requirecj) CI Cl CI Restdeted Delivery Fee Cl ResbictedDellvery Fee CI (Endoreement Requlred) Cl (Endorsement Required) CI Tatar Postago & FeliZ Cl Total Post~gD & Fees m m Lrl Ul .-=t H CI Cl CI Cl CI Cl l"- t'- ..J.. IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: CONDEMNATIONBYTHE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 104, IN THE BOROUGH OF CAMP HILL AND THETOWNSHIPS OF HAMPDEN AND LOWER ALLEN C) --- t::> c: ., ?.:: ~-:: ;. :,:),;.,:~.: -''j~ -:-} zoO'.' .,.,,',:, ~~:, ~- ~~~: j;~ t~~L'~ -r .... :::;:;; '3 -:n '" -, . ~ : EMINENT DOMAIN PROCEEDINGS-IN REM : NO. 01-125 STIPULATION OF SETTLEMENT AND NOW, to wit, this 1)./1" day of December, 2001, it is hereby stipulated and agreed by and between Craig and Lynda Waite, plaintiffs-condemnees, and the Commonwealth of Pennsylvania, Department of Transportation, defendant-condemnor, that the within proceedings are hereby settled and satisfied in the net amount ofTen Thousand Three Hundred Thirty ($10,330.00) Dollars. This sum includes all damages payable under the Eminent Domain Code, 26 P.S. ~1-101 et seq., as amended, and the State Highway Law, 36 P-S. ~670-1 et seq., as . . amended, except as set forth below. Inasmuch as Six Thousand Six Hundred ($6,600.00) Dollars has previously been paid on account, the amount payable hereunder as net damages is Three Thousand Seven Hundred Thirty ($3,730.00) Dollars. IT IS FUTHER STIPULATED AND AGREED: (a) That delay compensation is payable pursuant to Section 6 I I of the Eminent Domain Code, 26 P.S. ~1-611, on the net damages less the payment on account from October 15,2001, when possession of the condemned Property was relinquished to the Commonwealth. (b) That the condemnees shall produce releases for or satisfy of record ~.. liens for all taxes and municipal claims assessed against, and all mortgages, judgments and other liens of record against the subject property as of the date of condemnation. (c) That upon delivery of the Commonwealth's check for final payment hereunder, the condemnees shall cause the dockets of these proceedings to be marked satisfied. (d) That the condemnees represent that no other parties have an interest in these damages by virtue of a lease, easement, security agreement or for any other reason, and that if any party shaH assert a claim against these fimds, or present a claim for damages attributable to an interest in the subject property, and shall receive a final award therefore in such party's favor against the Commonwealth from a Board of Viewers or Court of Record, then the condemnees agree to indemnify and save harmless the Commonwealth from such award, and agree to pay the Commonwealth the amount thereof together with costs and reasonable attorney fees. (e) That the temporary construction easement shall be for a period of two 2 years beginning October 15, 2001 to October 15, 2003 and that the Commonwealth shall pay the condemnees $120.83 per month for every additional month beyond the two-year period for the temporary construction easement and $40.00 per for each additional month for camper storage fee. ~ tPa~A Lynda mte Condemnee I A /Cl~ ,-!'. , ~~ C( ".2'~ Stuart A. Liner, Esquire Attorney for Commonwealth of Pennsylvania, Department of Transportation Defendant-Condemnor '.~" 'r ", >- e.- ~ ~i8 ':5~; .J ,,'-' ~'-'! '-';;' :;):~- ;::--: " o ~ U) ~ z ~~ <~:::.:>= ...-"0 ~~ ~5 b i-~ 0: tf) . CQ u.' w- <'., o ~ o t'\ ..... "J ~ J - \ J -------~~ 06..\1 r- & '-yv.b<~.:l - \A.lo..i1-e.- In the Court of Common Pleas of Cumberland County, Pennsylvania vs. O\J"\/I'1~""')oal'r1.L oj:; .J..~ Dei! dr 1\':::;- No.Cll-/20' Civil.~ol PCo....-e...c;,pe., 'k. J-e"r71p Jt btrrdln7-rII>{JuO p~ .,f,,;,-Tte /k'f -\)"-' (k,/7 I, l:':!f!p r SUA"" j T /; ~~i"'" s.,.>''rIcA.,t.. ~LJ'''''''')7i"~ , ~ x./ i...',.J~ (A' ~1..J< CU lL r -:4E - l' I -+I 19 9PI c::?SLj CY2..'2I'9 i:(. ~r";s.. N-fl(! <, .... ",'",,-- ')3rothonotllry "" G14L~ / Attorney for Plaintiff 00.,; r. jJc:,,~ To FI/ ;;~'~Il.."1:_'1""'r~ I'\r ." I.~< ":-~' ~J..l ~ !\ ,;- [J,.. J"' '"'.~- -.... -'. ., ,- . "-"'-i.;t':O-/'A1RV . ~, 02 H.~j~ -6 PM 12: 04 C'III,!j'CQ' .'- V \f'L;~! lLAi\lU COUNTY Pd.J,"ISYl..VAN!A I 4:- PE./L- P L.o0'2--c.:a L L -f?/2.~Y"'LDdJJ . ~ No. Tenn, 19 _ vs. PRAECIPE Filed 19_ , Atty.