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Home My WebLink About01-0504 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 TOWNSHIP OF HAMPDEN NO, 0 (...:fOl..{ EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Article IV, Section 402, of the Eminent Domain Code, Act of June 22, 1964, p, L, 84, 26 p, S. 1-402, as amended, respectfully represents that: 1. The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting through the Secretary of Transportation, 2, The address of the Condemnor is: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg P A 17105-8212 3, The Department of Transportation is authorized by the provisions of Section 2003(e) ofthe Administrative Code of 1929, p, L, 177, 71 p, S, 513(e), as amended, to acquire by gift, purchase, condemnation or otherwise, land in , ~ ',.. ".~,>.i , 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 RfW 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 fee simple 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 , - " '..l ~". 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 oftaxation, 11. I, Gary C. Fawver, p, E" Chief, Right-of-Way and Utilities Division, of the Department of Transportation, do hereby depose, swear, and affirm that I am authorized by and do hereby execute this Declaration of Taking on behalf of the Commonwealth of Pennsylvania, Department of Transportation, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information, and belief, and are made subject to penalties provided in 18 Pa, C, S. ~4904, relating to false swearing to authorities. WHEREFORE, fee simple title and temporary 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, 2;:C:F:bE Chief, Right-of-Way and Utilities Division ~.~-~ I"l , ",' , IN THE COURT OF COMlMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMlMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION,' OF THE RIGHT-OF-WAY FOR STATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF HAMPDEN DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ID No, 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg P A 17105-8212 ,'- ,;-, "'d,'__.,. . ":- - ", " ...~", ~ --- '"'1 , 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 TOWNSHIP OF HAMPDEN NO. 0/- 5"OY C-r:uJ. 'J~ 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 PA 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-captioned proceedings. ~a~ Stuart A. Liner Assistant Counsel Dated: J,q., 14h7 / ~ J ()O( 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 004RIW, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF HAMPDEN PRAECIPE TO ENTER APPEARANCE Filed, ,20 AM, _P,M. Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg P A 17105'8212 Telephone No, (717) 787-3128 - , -- " _,0 ~ " '.". """'"-"iil: Page I of I 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 (!) ~.J1 REMIS Proi. No. 080063 Countv Cumberland Fed. Proi. No, 100 % State Municipality Camp Hill Borough and Hamnden Townshio Route-Sec. 0581-004 R- Plan now recorded in Recorder's Office Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Prouertv (if anv) Descriution Recorded in 1 21000660000 Susabar Joint Venture nla R Cabinet 3, Drawer 1, James H. King Living Trust, Parmer Page 134 - sheet 15 Oscar F. Shafer, Partner William H. King, Partner Elizabeth W. King, Partner James H. King, Jr., Partner SandraJ. King, Partner Bonita M. Ingram and Joseph E. Ingram, Jr., Partner Byron D, Shafer, Partner Mailing Address: C/O Delbrook Manor Apartments 520 Breezewood Court Mechanicsburg, PA 17055 Location: Deed Book U-27, Page 799 75 21001020000 Herbert L. Hull, Single nla R Cabinet 3, Drawer 1, Page 134 - sheets 8 and Mailing Address: 14 2820 Fairview Road Camp Hill, PA 17011 Location: Deed Book 32X, Page 626 . ' - I"[en ~ .-~E -i ,w-i-,1j"'Hc' OF ~". ',.'.,... ,~, 0 R ) ','o.- ,A'I"!",' n y ., ,;,- ' "',-, " ,\,-) ~ It'l, 01 JM~24 Prl 2: 13 CUM8EFiLA;,![) COUNTY PENNSYLVANIA 't 0 , ')0 pC! AH---I 5' 00 5'4\ , ~ f.6:5"Z' pd M-4y ~a~h . ~~ IrJC? 7;l(P !iI 1 ! Jj ~ -, <i ,~ I I I m IJ I i~ .,. ... ., , IN THE COURT OF COMM:ON 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 TOWNSHIP OF HAMPDEN NO.Oj-so,/ TERM, 20 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 JI1/llUM/ 2'0 200/ , was recorded in the office of the Recorder of Deeds of the above county in &01<. r:H)~)/ ,page(s) 0637 ' 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 District Right - W ay Administrator Engineering District No, 8-0 - ~~-,I L.',_ , ,~ I.. , Page 1 of I 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 n\ '=' REMIS Proi. No. 080063 Countv Cumberland Fed. Pro;' No, 100 % State Municipality Camp Hill Borough and Hamnden Township Route-Sec. 0581-004 R- Plan now recorded in Recorder's Office Attached Name, Mailing Address, Property Exhibit Claim Interest of Condemnees, and . Plan (if any) Parcel Number Type of No. Number Location of Condemned Property (if anv) Descriotion Recorded in I 21000660000 Susabar Joint Venture nla R Cabinet 3, Drawer I, James H. King Living Trust, Partner Page 134 - sheet 15 Oscar F. Shafer, Partner William H. King, Partner Elizabeth W, King, Partner James H. King, Jr" Partner Sandra J. King, Partner Bonita M. Ingram and Joseph E. Ingram, Jr., Partner Byron D. Shafer, Partner Mailing Address: CIO Delbrook Manor Apartments 520 Breezewood Court Mechanicsburg, P A 17055 Location: Deed Book D-27, Page 799 75 21001020000 Herbert L. Hull, Single nla R Cabinet 3, Drawer I, Page 134 - sheets 8 and Mailing Address: 14 2820 Fairview Road Camp Hill, PA 17011 Location: Deed Book 32X, Page 626 - ; - . OF Fj1.,ED-o::nCE 'X'n~i"L'("'\'{\T^RY , r , I".' 1 , .,,}~ \,\,.) li'\ 01 JMl25 PM 3: 22 CUMBtJiLN'ID COUNTY PENNSYLVANIA . I ill ']j .'it !~ '~ ~ ~ I J I ~ 0i:iI"""'~ ,~~~- "~ - - -"-> ~ . I 1~~!.'1 " , , RW432 (03199) 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 TOWNSHIP OF HAMPDEN NO. 01-504 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 27, 2001, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made part hereof. Sworn to and subscribed before me ~~~ . Notary Public NOTARIAL SEAL GEORGE~. ACHENBACH II. Notary ~ Ham~burg. Da~phIn County My Commissioii expIres May 22, 2004 My Commission Expires: 1 J '" ~ ~ j J: ~ ~ I I t ~ ....... 'f~iCE I, !':Y',,!JTi\RY 'Oi Fe" If", p','i,' 7: l.? \ l ~_ :,J.... '-. CUM2L:.HGL"j\j\) COUNTY PENNSYlVi\N!A -,.~ ~~ ~L ,I _ ~>I- - ,- , < '~ -" ~. Page 1 of 1 t 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 ~ REMIS Pro;. No. 080063 Countv Cumberland Fed. Proi. No. 100 % State Municipality Camp Hill Borough and Hamnden Townshin Route-Sec. 0581-004 R- Plan now recorded in Recorder's Office Attached Name, Mailing Address, Property Exhibit Interest of Condemnees, and . Plan (if any) Parcel Claim Number Type of No. Number Location of Condemned Pronertv (if anv) Descrintion Recorded in 1 21000660000 Susabar Joint Venture nla R Cabinet 3, Drawer 1, James H. King Living Trust, Partuer Page 134 - sheet 15 Oscar F. Shafer, Partuer William H. King, Partuer Elizabeth W. King, Partner James H. King, Jr., Partuer SandraJ. King, Partuer Bonita M. Ingram and Joseph E. Ingram, Jr., Partuer Byron D. Shafer, Partuer Mailing Address: C/O Delbrook Manor Apartments 520 Breezewood Court Mechanicsburg, PA 17055 Location: Deed Book U-27, Page 799 75 21001020000 Herbert L. Hull, Single nla R Cabinet 3, Drawer I, Page 134 - sheets 8 and Mailing Address: 14 2820 Fairview Road Camp Hill, PA 17011 Location: Deed Book 32X, Page 626 - 1 i ~'-:,,!!,:--~I'-'::'.~--_'_n/\RY 01 FE8 \ 6 F;; ;~: 1.,2 CU' dd" " ,. " -, ''''''{ l\ji,--q-'h! ..',,\n) 'v' 'i )1 ;1,"'1 . ,~'''~. .~.. "..~ .... --' , PENNSYLVi\t\jiA " ~ , ! , * ~, i\! ; I 1 f 1 1~