HomeMy WebLinkAbout07-2331IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0081, SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
No. p7- ~33r ~cv~l..~~-
l
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAHING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of
the Eminent Domain Code, 26 Pa. C. S. § 302, respectfully represents that:
1. The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, acting through the Secretary of Transportation.
2. The address of the Condemnor is:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg PA 17105-8212
3. The Department of Transportation is authorized by the provisions of
Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e),
as amended, to acquire by gift, purchase, condemnation, or otherwise, land in fee simple
or such other estate or interest as it shall determine, in the name of the Commonwealth
for all transportation purposes.
4. The within condemnation has been authorized by a plan signed by
the Secretary of Transportation on December 22, 2006, titled "Drawings Reestablishing
Limited Access Highway, Authorizing Acquisition of Right-of--Way, and Accepting
Dedication of Right-of--Way for State Route 0081 Section 019 R/W in Cumberland County,
and State Route 0465 Section 003 R/W, also State Route 0011, also State Route 3023,
State Route 8019," a copy of which plan was filed in the County Recorder's Office in
Cabinet 3, Drawer 1, at page 180 on January 10, 2007.
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, excepting and
reserving therefrom on Parcel 14 an easement to the South Middleton Township
Municipal Authority, as evidenced by an instrument dated July 12, 2004, and recorded in
Deed Book 710 at page 1274 on July 27, 2004; and further excepting and reserving
therefrom on Parcel 34 an easement to United Telephone Company of Pennsylvania,
as evidenced by an instrument dated March 29, 1960, and recorded in Deed Book 150
at page 190 on June 17, 1960; an easement to PPL Electric Utilities Corporation,
formerly known as Pennsylvania Power and Light Company, as evidenced by
an instrument dated February 20, 1967, and recorded in Deed Book 178 at page 1010
on October 2, 1967; and an easement to the Carlisle Borough Municipal Authority,
as evidenced by an instrument dated September 15, 1992, and recorded in Deed Book X35
at page 512 on October 2, 1992; also condemned are 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 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, Gary C. Fawver, P. E., Chief of the Utilities and Right-of--Way Section,
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, excepting and reserving therefrom easements
to the South Middleton Township Municipal Authority, United Telephone Company
of Pennsylvania, PPL Electric Utilities Corporation, and the Carlisle Borough
Municipal Authority; and also 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.
~1 c .~_
Gary . Faw r, P. E.
Chief, Utilit sand Right-of--Way Section
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0081, SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
DECLARATION OF TAHING
Christopher J. Clements
Assistant Counsel in Charge, R/W
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0081, SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
NO.
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge, R%W,
Office of Chief Counsel, Department of Transportation, P.O. Box 8212, Harrisburg PA 17105-8212,
as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor
in the above-captioned proceedings.
Christopher J. C~rplents
Assistant Counsel in Charge, R/W
Dated: ~~ ~ '
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Page 1 of 2
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080198
COUNTY Cumberland
S.R.-SECTION OOgI-019
MUNICIPALITY South Middleton Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
"'TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
'Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro ert Attached
Exhibit
Number
(if an)
""Type of
Descri tion
Plan (if any)
Recorded in
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4 2100299000 PT John H. Keefauver and Mildred C. R Cumberland
Keefauver, Husband and Wife County
Recorder of
Mailing Address: Deeds -
1634Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property: Sheet 34 &
Deed Book K-20 Page 1016 130
8 2100303000 PT Craig B. Sholley and Bonnie L. Sholley, R Cumberland
Husband and Wife County
Recorder of
Mailing Address: Deeds -
1618 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property Sheet 34 &
Deed Book 232 Page 677 130
14 2100309000 PT Ronald E. Deitch and Bonnie Jo Deitch, R Cumberland
Husband and Wife County
Recorder of
Mailing Address: Deeds -
1617 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property: Sheet 34 &
Deed Book 254 Page 2643 131
Page 2 of 2
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. OSOI98
COUNTY Cumberland
S.R. -SECTION 0081-019
MUNICIPALITY Borough of Carlisle
TYPE OF TAKE TYPE OF DESCRIPTIOr
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
*Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro a Attached
Exhibit
Number
if an
""Type of
Descri tion
Plan (if any)
Recorded in
34 2100327000 PT PPL Electric Utilities Corporation, R Cumberland
F/K/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds -
Cabinet 3,
Mailing Address: Drawer 1,
James H. Miller, Chairman Page 180
2 North Ninth Street Sheet 43 &
Allentown, PA 18101-1139 131
Location of Property:
Deed Book X-35 Page 512
66 2100354000 PPL Electric Utilities Corporation, R Cumberland
F/K/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds -
Cabinet 3,
Mailing Address: Drawer 1,
James H. Miller, Chairman Page 180
2 North Ninth Street Sheet 48 &
Allentown, PA 18101-1139 133
Location of Property:
Deed Book P-34 Page 252
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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 RIGHT-OF-WAY
FOR STATE ROUTE 0081, SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
i NO. a3 3 ~ ClV~LTERM, 200
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of th/e/co 7ndemnation effected by the Declaration of
Taking filed to the above term and number on `~' ' o~J ' ~ 7 ,was recorded in the office of
the Recorder of Deeds of the above county in ~)OOK o~ ? ~j ,page(s) ?J y ~~
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- ay Administrator
Engineering District 8-0
COr~,Ac. ~'~~
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080198
COUNTY Cumberland
S.R. -SECTION 0081-019
MUNICIPALITY South Middleton Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 1 of 2
~•
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
'Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro ert Attached
Exhibit
Number
(if an)
~~Type of
Descri tion
Plan (if any)
Recorded in
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4 2100299000 PT John H. Keefauver and Mildred C. R Cumberland
Keefauver, Husband and Wife County
Recorder of
Mailing Address: Deeds -
1634 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property: Sheet 34 &
Deed Book K-20 Page 1016 130
8 2100303000 PT Craig B. Sholley and Bonnie L. Sholley, R Cumberland
Husband and Wife County
Recorder of
Mailing Address: Deeds -
1618 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property Sheet 34 &
Deed Book 232 Page 677 130
14 2100309000 PT Ronald E. Deitch and Bonnie Jo Deitch, R Cumberland
Husband and Wife ~ County
Recorder of
Mailing Address: Deeds -
1617 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property: Sheet 34 &
Deed Book 254 Page 2643 131
Y
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080198
COUNTY Cumberland
S.R. -SECTION 4081-019
MUNICIPALITY Borough of Carlisle
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 2 of 2
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro a Attached
Exhibit
Number
if an
"+Type of
Descri tion
Plan (if any)
Recorded in
34 2100327000 PT PPL Electric Utilities Corporation, R Cumberland
FfK/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds -
Cabinet 3,
Mailing Address: Drawer 1,
James H. Miller, Chairman Page 180
2 North Ninth Street Sheet 43 &
Allentown, PA 18101-1139 131
Location of Property:
.Deed Book X-35 Page 512
66 2100354000 PPL Electric Utilities Corporation, R Cumberland
F/K/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds -
Cabinet 3,
Mailing Address: Drawer I,
James H. Miller, Chairman Page 180
2 North Ninth Street Sheet 48 &
Allentown, PA 18101-1139 133
Location of Property:
Deed Book P-34 Page 252
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RW-432 (9/06)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE N0.2331 CML TERM, 2007
COMMONWEALTH OF
PENNSYLVANIA., DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 0081, SECTION 019
IN THE BOROUGH OF CARLISLE AND THE
TOWNSHIP OF SOUTH MIDDLETON
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of--Way
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of
Pennsylvania, and that on or before May 1, 2007, notice of the filing of the declaration of taking in the
above matter was served on the condemnees affected thereby in compliance with Chapter 3, Section 305,
of the Eminent Domain Code. Schedules of the condemnees, mortgagees of record, and lienholders of
record notified are attached hereto and made part hereof.
District Rig f-Way Administrator
Sworn to and subscribed before me
Notary Public COMiMONWLr~LI H OF PENNSYLVANIA
NOTARIAL SEAL
My Commission Expires: ~ GEORGE D. ACHENBACH II, Notary Public
i Susquehanna Twp., Dauphin County
Rt~u C,F!mrnissic~n Expires May 22, 2008
Attachments: RW-437, Schedule of Property Condemned
RW-432ML, Schedule of Mortgagees and Lienholders
~M,,,Ac. E~c~~
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9106) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROl. N0. 080198
COUNTY Cumberland
S.R. -SECTION 0081-019
MUNICIPALITY South Middleton Township
`TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 1 of 2
~~
D
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
Claim
Number
"Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro ert Attached
Exhibit
Number
(if an)
"Type of
Descri lion
Plan (if any)
Recorded in
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4 2100299000 PT John H. Keefauver and Mildred C. R Cumberland
Keefauver, Husband and Wife County
Recorder of
Mailing Address: Deeds -
1634 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property: Sheet 34 &
Deed Book K-20 Page 1016 130
8 2100303000 PT Craig B. Sholley and Bonnie L. Sholley, R Cumberland
Husband and Wife County
Recorder of
Mailing Address: Deeds -
1618Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page 180
Location of Property Sheet 34 &
Deed Book 232 Page 677 130
14 2100309000 PT Ronald E. Deitch and Bonnie Jo Deitch, R Cumberland
Husband and Wife County
Recorder of
Mailing Address: Deeds -
1617 Walnut Bottom Road Cabinet 3,
Carlisle, PA 17015-9196 Drawer 1,
Page l80
Location of Property: Sheet 34 &
Deed Book 254 Page 2643 131
COMMONWEAf~TH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking}
ROW OFFICE PROJ. NO. 080198
COUNTY Cumberland
S.R. -SECTION 0081-019
MUNICIPALITY Borough of Carlisle
Page 2 of 2
TYPE OF TAKE TYPE OF DESCRIPTIOP
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
"Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro a Attached
Exhibit
Number
if an
+kType of
Descri tion
Plan (if any)
Recorded in
34 2104327000 PT PPL Electric Utilities Corporation, R Cumberland
F/K!A PP&L, Inc., County
F/K/A Peru~sylvania Power & Light Recorder of
Company Deeds
Cabinet 3,
Mailing Address: Drawer 1,
3ames H. Miller, Chairman Page 180
2 North Ninth Street Sheet 43 &
Allentown, PA 18101-1139 131
Location of Property:
Deed Book X-35 Page 512
66 2100354000 PPL Electric Utilities Corporation, R Cumberland
F/K/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds
Cabinet 3,
Mailing Address: Drawer 1,
James H. Miller, Chairman Page 180
2 North Ninth Street Sheet 48 &
Allentown, PA 18101-1139 133
Location of Property:
Deed Book P-34 Page 252
. ..
RW-432ML (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF MORTGAGEES & LIENHOLDERS
PENNDOT
ROW OFFICE PROJ. NO. 080198
ROW OFFICE DT NO. 8019801
COUNTY Cumberland
S.R. -SECTION 0081-019
MUNICIPALITY South Middleton Township
Parcel No. Claim
Number
Name and Mailin Address of Mort a ee and/or Leinholder
~- 2~@6~~-7966
~'6-B~ox-9Cr3
14 2100309000 Cornerstone Federal Credit Union
5 East Gate Drive
PO Box 1181
Carlisle, PA 17015-9124
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