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HomeMy WebLinkAbout07-4079IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY NO. ~ ~ - y ~ ~ ~ ~l T~^- THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, EMINENT DOMAIN PROCEEDING AND THE BOROUGH OF CARLISLE 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. The aforesaid plan was revised and reauthorized by signature of the Secretary of Transportation on April 5, 2007, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 186 on April 19, 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 15 two easements to the South Middleton Township Municipal Authority, as shown on two separate documents, each dated August 2, 2004, and recorded separately on August 10, 2004, in Deed Book 710 at page 3140 and at page 3162; 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 on Parcel 15 two easements to the South Middleton Township Municipal Authority, 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. C--- Gary . Fa r, P. E. Chief, Utilities and 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE 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. Dated: ~-7 . ~. w~ ~ oo w 0 ~ ~ ~ ~ ~ z W ~ ~ U ~ a ~mH~z~A rn p A z~ o~o°F~~aU a '-'Wa Uo ~a ~a`"~W~x~'o zw ~~x~~ o~ ~x~w~~o~~ w w~ AHw~oUw~p z 0o zoo woo w U o oWHx ~aao 0 F z U t~ ~ A ,.,., H ~A ~Wp~OW~~W W o Wo~w'~~ zx a U~ z~Ho~~~zh U ~; x W ~ ~~ H a ~ H A ~ r' H~ Uw ~~WW~ a w z~ wA HF U F ~ ~~ o ~ ~ ~ ~m n ~ a , ~ o o ~ o ~ ~~ ~ a o~o~ a ~ ~ o~~ ~~ ~~a.~ o U ~ ~ ~ ~ ~ 00 ~ ~ ~ ~~ ~a~~ o ~ ~ ~ o ~ ~ ~~ xa vA H Page 1 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED , (Declaration of Taking) ROW OFFICE PROJ. NO. 080198 ~ ~ ~ COUNTY TYPE OF TAKE TYPE OF DESCRIPTION Cumberland PT- Partial Take D- Deed Description S.R. -SECTION 0081-019 MUNICIPALITY TT- Total Take P- Plan lodged for recording with South Middleton Township Notice of Condemnation R- Plan now recorded in Recorder's Name, Property Interest of Attached Type Parcel Clai Condemnees, Mailing Address, Exhibit m of No. Number Take and Location of Condemned Number ~"Type of Plan (if any) 9 2100304000 PT Pro ert Teresa E. Garman if an Descri lion Recorded in R Cumberland Mailing Address: County 1614 Walnut Bottom Road Recorder of Carlisle, PA 17015-9196 Deeds - Cabinet 3, Location ofPro a p m'' Drawer 1, Deed Book 277 Page 1695 Page 186 Sheet 34 & 130 15 2100310000 PT Robert W. Reinhold and Beth S. R Reinhold, Husband and Wife Cumberland County Mailing Address: Recorder of 43 Sleepy Hollow Drive Deeds - Tabernacle, NJ 08088-8504 Cabinet 3, Drawer 1, Location of Pro a p m'' Page 180 Deed Book D-33 Page 524 Sheet 82 27 2100320000 PT Skywater-Carlisle, LLC, a Maryland Limited Liabili Co ty mpany R Cumberland County Mailing Address: Recorder of One R. E. Michel Drive Deeds - Glen Burnie, MD 21060-6495 Cabinet 3, President J. W. H. Michel Drawer 1, Page 180 Location of Property Sheet 95 Deed Book 249 Page 1855 Page 2 of 4 RW-a37 (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROJ. NO. 080198 ~ ~ ~ COUNTY TYPE OF TAKE TYPE OF DESCRIPTION Cumberland PT- Partial Take S.R. -SECTION D- Deed Description 0081-019 TT- Total Take MUNICIPALITY P- Plan lodged for recording with South Middleton Township Notice of Condemnation R- Plan now recorded in Recorder's Page 3 of 4 RW-437 (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) , ROW OFFICE PROJ. NO. 080198 ~ ~ • couNTr TYPE OF TAKE TYPE OF DESCRIPTION Cumberland PT- Partial Take S.R.-SECTION oost-ol9 D- Deed Description MurrICIPALITr TT- Total Take P- Plan lodged for recording with Borough of Carlisle Notice of Condemnation R- Plan now recorded in Recorder's "Type Parcel Claim of No. Number Take 41 2100334000 p'I' Name, Property Interest of Attached Condemnees, Mailing Address, Exhibit and Location of Condemned Number ""Type of Farmers & Merchants Trust Company, a Pennsylvania Banking Corporation Mailing Address: 20 South Main Street Chambersburg, PA 17201-2202 President: William E. Snell, Jr. Location of Property: Deed Book 240 Page 849 Allyn G. Perkins, single adult Mailing Address: 300 South Hanover Street Carlisle, PA 17013-3915 Location of Property: Deed Book 259 Page 485 Owen E. Meals, Jr. and Richard G. Baish, adult individuals Mailing Address: 1909 Rimer Highway, Suite #1 Carlisle, PA 17013-9310 Location of Property: Deed Book 257 Page 2872 Owen E. Meals, Jr. and Karen D. Meals, husband and wife, and Owen Meals, Sr. Mailing Address: 32 Burnthouse Road Carlisle, PA 17015-7646 Location of Property: Deed Book 247 Page 3647 R & S Real Estate Holding, LLP, a Pennsylvania limited liability partnership Mailing Address: 93 Walnut Bottom Road Shippensburg, PA 17257-7701 General Partner: John D. Stoner Location of Property: Deed Book 256 Page 2909 AS THEIR INTEREST MAY APPEAR R Plan (if any) Recorded in Cumberland County Recorder of Deeds - Cabinet 3, Drawer 1, Page 180 Sheet 44, 45 & 132 Page 4 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. pg0198 ~ ~ ~ couNTY TYPE OF TAKE TYPE OF DESCRIPTION Cumberland PT- Partial Take S.R. -SECTION D- Deed Description oosl-o19 TT- Total Take MUNICIPALITY weal Pennsboro Township P- Plan lodged for recording with and Borou of Carlisle Notice of Condemnation R- Plan now recorded in Recorder's c~ ~ ....J ~ .._ i ~ T,* ?"Ta iw to t'~S ~t J ~G~~ J 0 - rJ , r3 lA.j "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c~v~L IN RE: CONDEMNATION BY NO. ~~-~07~ TERM, 200? THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, EMINENT DOMAIN PROCEEDING AND THE BOROUGH OF CARLISLE 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 ~UL`/, rt ~ ~kU-] ,was recorded in the office of the Recorder of Deeds of the above county in ~j ~~, 073 $ ,page(s) / ~} 7 9 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- -Way Administrator Engineering District 8-0 ~r-t pc,~`~ 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 4 ~• FD 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 9 2100304000 PT Teresa E. Garman R Cumberland County Mailing Address: Recorder of 1614 Walnut Bottom Road Deeds - Carlisle, PA 17015-9196 Cabinet 3, Drawer 1, Location of Property: Page 186 Deed Book 277 Page 1695 Sheet 34 & 130 15 2100310000 PT Robert W. Reinhold and Beth S. R Cumberland Reinhold, Husband and Wife County Recorder of Mailing Address: Deeds - 43 Sleepy Hollow Drive Cabinet 3, Tabernacle, NJ 08088-8504 Drawer 1, Page 180 Location of Property: Sheet 82 Deed Book D-33 Page 524 27 2100320000 PT Skywater-Carlisle, LLC, a Maryland R Cumberland Limited Liability Company County Recorder of Mailing Address: Deeds - One R. E. Michel Drive Cabinet 3, Glen Burnie, MD 21060-6495 Drawer 1, President J. W. H. Michel Page 180 Sheet 95 Location of Property Deed Book 249 Page 1855 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 2 of 4 ~• 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 29 2100322000 PT John Charles Cline and Linda Mae R Cumberland Cline, Husband and Wife, Tenants in County Common Recorder of Deeds - Mailing Address: Cabinet 3, 9300 Charlin Ranch Road Drawer 1, Cushing, OK 74023-8959 Page 180 Sheet 97 Neil Ray Cline and Linda Sue Cline, Husband and Wife, Tenants in Common Mailing Address: PO Box 1739 C~xshing, OK 74023-1739 Location of Property: Deed Book D - 32 Page 874 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 Borough of Carlisle TYPE OF TAKE PT- Partial Take TT- Total Take TYPE OF DES D- Deed Description Page 3 of 4 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 a Attached Exhibit Number if an ~iType of Descri lion Plan (if any) Recorded in 41 2100334000 PT Farmers & Merchants Trust Company, a R Cumberland Pennsylvania Banking Corporation County Mailing Address: Recorder of 20 South Main Street Deeds - Chambersburg, PA 17201-2202 Cabinet 3, President: William E. Snell, Jr. Drawer 1, Location of Property: Page 180 Deed Book 240 Page 849 Sheet 44, 45 & 132 Allyn G. Perkins, single adult Mailing Address: 300 South Hanover Street Carlisle, PA 17013-3915 Location of Property: Deed Book 259 Page 485 Owen E. Meals, Jr. and Richard G. Baish, adult individuals Mailing Address: 1909 Rimer Highway, Suite #1 Carlisle, PA 17013-9310 Location of Property: Deed Book 257 Page 2872 Owen E. Meals, Jr. and Karen D. Meals, husband and wife, and Owen Meals, Sr. Mailing Address: 32 Burnthouse Road Carlisle, PA 17015-7646 Location of Property: Deed Book 247 Page 3647 R & S Real Estate Holding, LLP, a Pennsylvania limited liability partnership Mailing Address: 93 Walnut Bottom Road Shippensburg, PA 17257-7701 General Partner: John D. Stoner Location of Property: Deed Book 256 Page 2909 AS THEIR INTEREST MAY APPEAR .. r-L P - r c,~ 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 West Pennsboro Township and Borou h of Carlisle TYPE OF TAKE PT- Partial Take TT- Total Take Page 4 of 4 • ~• ;`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 65 2100353000 PT Richard K. Howell and Mary Beth P. R Cumberland Howell, Husband and Wife County Recorder of Mailing Address: Deeds - 991 North Barfield Drive Cabinet 3, Unit 214 Drawer 1, Marco Island, FL 34145-2356 Page 180 Sheet 117 Location of Property: Deed Book 189 Page 478 C"~ ~' ~ _) -- ~ ~ , -n ~ c __ ~ ~ _ - r. _ -r ; - c~ - ~~ ~. ~ ~r~~ ,,,..~ : t _ ''_ - fit'! y ~ '~ t+:'1 ~ 4b: : RW-432 (9/06) 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 0081, SECTION 019 IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE N0.4079 CIVIL TERM, 2007 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 July 19, 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. Sworn to and subscribed before me District Right- ay Administrator "'~" '~ MONWEALTH OF PENNSYLVANIA tary Pub ' Nota-iai Seai Bernard J. Katnetz, Notary Public My Commission Expires: Camp Hill Boro, C~xrtberland County My Corrtrnission Expires April 7, 2011 Member, Pennsylvania Association of Notaries Attachments: RW-437, Schedule of Property Condemned RW-432ML, Schedule of Mortgagees and Lienholders Page 1 of 4 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 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 9 2100304000 PT Teresa E. Garman R Cumberland County Mailing Address: Recorder of 1614 Walnut Bottom Road Deeds - Carlisle, PA 17015-9196 Cabinet 3, Drawer 1, Location of Property: Page 186 Deed Book 277 Page 1695 Sheet 34 & 130 15 2100310000 PT Robert W. Reinhold and Beth S. R Cumberland Reinhold, Husband and Wife County Recorder of Mailing Address: Deeds - 43 Sleepy Hollow Drive Cabinet 3, Tabernacle, NJ 08088-8504 Drawer 1, Page 180 Location of Property: Sheet 82 Deed Book D-33 Page 524 27 2100320000 PT Skywater-Carlisle, LLC, a Maryland R Cumberland Limited Liability Company County Recorder of Mailing Address: Deeds - One R. E. Michel Drive Cabinet 3, Glen Burnie, MD 21060-6495 Drawer 1, President J. W. H. Michel Page 180 Sheet 95 Location of Property Deed Book 249 Page 1855 Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9106) DEPARTMENT OF TRANSPORTATION ROW OFFICE PROJ. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY South Middleton Township ON 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 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 29 2100322000 PT John Charles Cline and Linda Mae R Cumberland Cline, Husband and Wife, Tenants in County Common Recorder of Deeds - Mailing Address: Cabinet 3, 9300 Charlin Ranch Road Drawer 1, Cushing, OK 74023-8959 Page 180 Sheet 97 Neil Ray Cline and Linda Sue Cline, Husband and Wife, Tenants in Common Mailing Address: PO Box 1739 Cushing, OK 74023-1739 Location of Property: Deed Book D - 32 Page 874 SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF TAKE TY: Page 3 of 4 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 Borough of Carlisle Ira\I\I~I~; TYPE OF TAKE TYPE OF DESCRIPTI01` 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 " Name, Property Interest of Attached Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number ~~Type of No. 41 Number Take Pro a if an Descri tion 2100334000 PT Farmers & Merchants Trust Company, a R Pennsylvania Banking Corporation Mailing Address: 20 South Main Street Chambersburg, PA 17201-2202 President: William E. Snell, Jr. Location of Property: Deed Book 240 Page 849 Allyn G. Perkins, single adult Mailing Address: 300 South Hanover Street Carlisle, PA 17013-3915 Location of Property: Deed Book 259 Page 485 Owen E. Meals, Jr. and Richazd G. Baish, adult individuals Mailing Address: 1909 Ritner Highway, Suite #1 Carlisle, PA 17013-9310 Location of Property: Deed Book 257 Page 2872 Owen E. Meals, Jr. and Karen D. Meals, husband and wife, and Owen Meals, Sr. Mailing Address: 32 Burnthouse Road Cazlisle, PA 17015-7646 Location of Property: Deed Book 247 Page 3647. R & S Real Estate Holding, LLP, a Pennsylvania limited liability partnership Mailing Address: 93 Walnut Bottom Road Shippensburg, PA 17257-7701 General Partner: John D. Stoner Location of Property: Deed Book 256 Page 2909 AS THEIR INTEREST MAY APPEAR Plan (if any) Recorded in Cumberland County Recorder of Deeds - Cabinet 3, Drawer 1, Page 180 Sheet 44, 45 & 132 Page 4 of 4 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 West Pennsboro Township and Borou of Carlisle TYPE OF TAKE PT- Partial Take TT- Total Take D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's ' Name, Property Interest of Attached Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. Number Take Pro ert (if an) Descri tion Recorded in 65 2100353000 PT Richazd K. Howell and Mary Beth P. R Cumberland Howell, Husband and Wife County Recorder of Mailing Address: Deeds - 991 North Barfield Drive Cabinet 3, Unit 214 Drawer 1, Marco Island, FL 34145-2356 Page 180 Sheet 117 Location of Property: Deed Book 189 Page 478 RW-432ML (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS • • PENNDOT ROW OFFICE PROJ. NO. 080189 ROW OFFICE DT NO. 8019802 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY Borough of Cazlisle, West Pennsboro Township, and South Middleton Township Parcel No. Claim Number Name and Mailin Address of Mort a ee and/or Leinholder 9 2100304000 National City Mortgage 3232 Newmark Drive Miamisburg, OH 45342 15 2100310000 Washington Mutual Bank, FA 400 East Main Street Stockton, CA 95290 27 2100320000 AllFirst Bank 900 Bestgate Road, Suite 102 Annapolis, MD 21401 41 2100334000 Farmers & Merchants Trust Company 20 South Main Street PO Box 6010 Chambersburg, PA 17201 Orrstown Bank, formerly First National Bank of Newport PO Box 250 Shippensburg,PA 17257 N ~,,: `-~_ ~ ~ v? ~: ~ -..a xa. .~- ~-~' ~ ~' :, c~ -~ c,~ cra Q --~ r~~ ?~ moo, ,~,, J m 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CLAIM NO. 2100310000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM N0.07-4079-CIVIL TERM PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION TO THE HONORABLE JUDGE OF SAID COURT: 1. The Department of Transportation is an administrative agency of the Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg, Pennsylvania, 17105-8212. 2. On July 9, 2007, the Secretary of Transportation filed a Declaration of Taking in the above-captioned case. 3. Although the Commonwealth offered to the condemnees listed on the attached Proposed Schedule of Distribution the full amount of the estimated just compensation as payment pro tanto of the condomnees' right of way damage claim, without prejudice to their right to proceed to a final determination of just compensation, the Commonwealth has been unable to make payment because the claimant have not accepted estimated just compensation. 4. Attached is a draft made payable to the Prothonotary of this Court representing the total amount of estimated just compensation due the condemnee and the Commonwealth's pro-rata share of taxes on the subject property. 1 5. No fee shall be charged against these funds. 26 Pa.C.S. §522(b); City of Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984). 6. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the Commonwealth of Pennsylvania, Department of Transportation, and that the averments contained and set forth in this Petition are true and correct to the best of my knowledge, information and belief, and are subject to the penalties provided in 18 Pa.C.S.A. 4904, relating to unswom falsification to authorities. WHEREFORE, to assure Petitioner's possession of the condemned property, if required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the Honorable Court direct payment of the estimated just compensation and the Commonwealth's pro-rata share of the taxes on the subject property into Court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the condemnees and/or interested parties entitled thereto pursuant to Section 307, 521 and/or 522 of the Eminent Domain Code, as applicable. Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 w 00 z zv N ~~ n ~i ?o 4 166 S V 0 ~ O < ~ t ~ ~ . ~; ~ v a 'a U~v °~ Q w ~ ~ °' °o~ ~~ m ~, zd ~. o ~ ,~ U O y ~ ~ z ~$ ~a~ w~ ~~~~ ~° ~~ g~ c~ o 0 r C ~ p', A ~ ~ ~ ~ L/1 W v1 c $ ~-, + v3 O ~z w ~ ~~ N ~ 161 ~ ~ r a v .G 4 N o ~ ~4 pZ a ap0 ~~O ~g,~ Y 0 0 H a~ ~~ N ~m d ~~~ U p, ~, d~ m b .~ ~~ 0 ~~ GG ~' ~' - •~~ o°o 0 x r ~~~ d~H G o •- 9 ~, w ~~~~ 3 y O r d ~^" ~~ . ~s~ a d i v W '~ G r H O a y ~a CERTIFIED MAIL COUNTY: Cumberland S.R. 0081, SECTION 019 CLAIM NO. 2100310000 COURT DOCKET NO. 07-4079-CIVIL TERM NAMES AND ADDRESSES Melissa Dively, Esq. SALSMAN & HUGHES 455 Phoenix Drive Chambersburg, PA 17201 Washington Mutual Bank, FA 400 East Main Street Stockton, CA 95290 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1264 0285 Received on December 7, 2007 Certified Mail Number 7003 1680 0005 1264 0285 Received on December 12, 2007 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CLAIM NO. 2100310000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-4079-CIVIL TERM I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I am authorized to execute this sworn statement on behalf of the Pennsylvania Department of Transportation, that this statement is true and correct to the best of my knowledge, information and belief and that it is made subject to the penalties set forth in 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, condemnee and interested parties were notified of the Department's intent to present this Petition to the Cumberland County Court of Common Pleas twenty days after they received said notice. In addition to the notice, the parties received copies of the Petition, the proposed Order and the Proposed Schedule of Distribution. The names and addresses of the condemnee and interested parties and the date and K E. Solo on, Esquire S preme Court I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 manner of service are noted on the attached Schedule of Interested arties Notified. Resp sub ~" r~ ~/ ~:. ~ r^'' ^"' ~ s~ , --1 ~:~,L:~< _ ,, „ . ~ ~t 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CLAIM NO. 2100304000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-4079-CIVIL TERM PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION TO THE HONORABLE JUDGE OF SAID COURT: 1. The Department of Transportation is an administrative agency of the Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg, Pennsylvania, 17105-8212. 2. On July 9, 2007, a Declaration of Taking was filed in the above-captioned case by the Secretary of Transportation. 3. Although the Commonwealth offered to the condemnee listed on the attached Proposed Schedule of Distribution the full amount of the estimated just compensation as payment pro tanto of the condomnee's right of way damage claim, without prejudice to her right to proceed to a final determination of just compensation, the Commonwealth has been unable to make payment because the claimant has not accepted estimated just compensation. 4. Attached is a draft made payable to the Prothonotary of .this Court representing the total amount of estimated just compensation due the condemnee and the Commonwealth's pro-rata share of taxes on the subject property. 1 5. No fee shall be charged against these funds. 26 Pa.C.S. §522(b); City of Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984). 6. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the Commonwealth of Pennsylvania, Department of Transportation, and that the averments contained and set forth in this Petition are true and correct to the best of my knowledge, information and belief, and are subject to the penalties provided in 18 Pa.C.S.A. 4904, relating to unswom falsification to authorities. WHEREFORE, to assure Petitioner's possession of the condemned property, if required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the Honorable Court direct payment of the estimated just compensation and the Commonwealth's pro-rata share of the taxes on the subject property into Court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the condemnee and/or interested parties entitled thereto pursuant to Section 307, 521 and/or 522 of the Eminent Domain Code, as applicable. II ubmitted, v It~E. Solorrfon G ssistant Counsel upreme Court I.D. No. 85714 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 0 r z~ W~ O iii ~~ e~+ a a ~ ~~~ t11 ~ V , ~~~ ~ ~s ~ ~ ~, a A ~ ~' C ~ c A ~ ~ ~ vi A $ ~~ ~~ ~ ~H ~ ~ ~~~ a ~ w~ ~ ~. ~ ~ ~ ~ ~' ~ ~ r .- ~ ~, a°~' ~~a, ~~ m ~ ~ ~ ~ ti _ ~' ~ 3 b ~~ v a CERTIFIED MAIL COUNTY: Cumberland S.R. 0081, SECTION 019 CLAIM NO. 2100304000 COURT DOCKET N0.07-4079-CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Attorney Marcus A. McKnight, III 60 West Pomfret Street Carlisle, PA 17013 National City Mortgage 3232 Newark Drive Miamisburg, OH 45342 DATE RECEIVED CERTIFIEp MAIL Certified Mail Number 7003 1680 0005 1264 0292 Received on December 11, 2007 Certified Mail Number 7003 1680 0005 1264 0308 Received on December 13, 2007 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CLAIM NO. 2100304000 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-4079-CIVIL TERM SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I am authorized to execute this sworn statement on behalf of the Pennsylvania Department of Transportation, that this statement is true and correct to the best of my knowledge, information and belief and that it is made subject to the penalties set forth in 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, condemnee and interested parties were notified of the Department's intent to present this Petition to the Cumberland County Court of Common Pleas twenty days after they received said notice. In addition to the notice, the parties received copies of the Petition, the proposed Order and the Proposed Schedule of Distribution. The names and addresses of the condemnee and interested parties and the date and manner of service are noted on the attached Schedule of InterestedParties.Notifieci_ suom~~, ly E. Solomon, EseKiire preme Court I.D. 85714 ommonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 ~ ~ ~~ ~ ~~ C:~ r~ --~ -r ~- ~-- ~ ~ ;~ ~ ,. ~ _ ,, ~ ~ ~ ., ~ D ~y;:' t) .~ ~ '~C t 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM CLAIM NO. 2100310000 : NO. 07-4079-CIVIL TERM ORDER AND NOW, this~a~day of ~O..y~v~ d,J` ~L 2008, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $17,737.30, representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnees and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnees and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. BY THE COURT: 5 s~~/~ ~ ~IN~l~~hS ~~ ~,.~~~ L0 ~~ bd~ 0£ N~~' 800Z J~t1GNu~~.~#~ ~Hi ~~ 3~1~:~~~"EI~ ,~~~ y. 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CLAIM N0.2100304000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-4079-CIVIL TERM ORDER th AND NOW, this ~,q day of ~a-.v~.~ e.~r y 2008, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $3,648.82, representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnee and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. BY THE COURT: ~- 5 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFlCE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 1 71 05-821 2 TELEPHONE: (717) 787-3128 GOVERNOR'S OFFICE OF FACSIMILE: (717) 772-2741 GF1vr+.ieAi. COUNSEL January 3, 2008 Cumberland County Prothonotary Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: In re• Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of the Riaht of Way for State Route 0081, Section 019, a Limited Access Highway in the Township of South Middleton, and the Township of West Pennsboro and the Borough of Carlisle, No. 07-4079 CIVIL TERM (Claim No. 2100304000) Dear Prothonotary: Enclosed is an original Petition to Deposit Estimated Just Compensation, an original and two (2) copies of the proposed Order, a Sworn Statement and a check payable to the Prothonotary of Cumberland County in the amount of $3,648.82 as payment for this claim. Please file the Petition and present the original proposed Order to the Court for signature. When the Court signs the Order, please file it. Please execute the two conformed copies of the Order and return them with a payment receipt for the claim to Keliy E. Solomon, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212. Thank you for your time and attention to this matter. Very tr yours, elly E. So on Assistant Counsel Cc: Right-of-Way Administrator for District 8-0 File Enc: Petition Order and iwo (2) copies Swom Statement Check Ct7MMnNWFAI TH KFYSTnNF BIM nlNf; • qTH FI f)nR - 400 NCIRTH STREET • HARRIRRURri PA 17120-0096 nsi Yr+ 1 r -~46~RSt"w R~ :, :>, ~, 00000 j 08 121107 01062355 780172 CDC` FUND DEPT .. PREP DATE VOUCHER WARRANT 'ID ~ COMA~1Ef~C~ F.#ANK PHILApELPHIA PA `E`~ , ~ 0° , VERIFICAtION AVAILABLE "R,pSITIVE PAY" PROTECTED ° ~ ; ~; o 'ONL ~ S~ ~:: TO THE ORDER OF O Ism W rn TERESA E GARMAN A o OR PROTHONTARY OF CUMBERLAND CO C/ a O K SOLOMON ESQ OCC PENNDOT PO BOX ao 8212 HARRIS N BURG PA 17105-8212 w IIIIII'lll'lllf'I'IIIIII~1111'IIIII IIII'I11'1I111"IIII "'111' \,W7 1 ~~ II'00 ? 13 399n' ~:0 3 i LO LO i ?~: 9 5000 1 i i Sn' .. . ~ra.nr,nrss,...,..~~..... .. i aa7,s~ ``~coG I Fu•0 I Jfrr I FAHPL1l;t I :GtCNafl I ~:~anurt I C ~c~:•r',:. - ~ ~..~: ;~:. • !I.: rt;••;ai,.y,w ,~.if - ~ .: CDMMERCEBANK .. _ • • f.:. ::.~ i, ... •. xy,~ !;;• -:~ ... ~~ '... ~~ '' ; '' '~•'= . • : ~: ~ . ' .. ' '. PHIL\CeLPHlA Pi ' • ' ~ ' • ' i_ , t ,. . .q; ~:~ ~ :. ): ~''•{ ~. ~, .. ~`'. n..~~..:~'~~ i~r-+w~l: •...': ' , r• _ ~ ~ ' • i : r ao _ . , • g . . . , c~ YERIfICATfO.VAVAIL~BLH•'2JSITIdFPAY•P~iOiECiE6 :./ri •• ice'; •:I?• • - .. cxr'. J. . • C ® ~ ~n~ ..~, ~~'..y. •. J ~ :ice ~ • ` ~ ~e~ i0 :HEOflG'cflG' •• , VOIOAFTERI~DOAY$ • C cam •. ~ttfafif'rtt.; :..• ••... . c,'^s 7 ERESJ', ~ GARM1r,N .. .. ~ t ~ . ~ a OR PROTHCNTARY Q: CUMBERIANn CO w: CIO K SOLbhION ESOOCC PENNDOT •• ~ ~~ PO 50X 8212 • ~ ro ~ FGIRRISBUHG NA 17105-0212 g /~f + ,~/J ~! _! ~ •~ ~u,ai,,,i,,,i~u,+..i,i,i„i,,,i,i,,,n~,i,r.,,1~„i,1n., i f-E~;~ ' , +t84 ,~~.~~f N•,rl~ u'OO71~3399a^ I:O3iiOiD171: 95OO~ii15a' ~ccount:150Q0! 115 Ghec1.~:?13344 ~1lount:S3,G#8.81 Date Presented:02-11-20US RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 2/19/2008 Carlisle, Pa 17013 Receipt Time 12:44:51 Receipt No. 204981 PENNSYLVAIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P 0 BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) SOUTH MIDDLETOWN TWP ET AL Case Number 2007-04079 Received of DEP INTO COMM. BANK 02-11-08 627029267 PAYEE 3930 Total Non-Cash..... Total Cash......... Change ............. Receipt total...... + 3,648.82 Check# 2600713399 + .00 - .00 _ $3,648.82 ------------------------ Distribution Of Payment ---------------------------_ Transaction Description Payment Amount BOND 3,648.82 627029267 - 07-4079 $3,648.82 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE e,~ q3\ '~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM CLAIM NO. 2100310000 : NO. 07-4079-CIVIL TERM ORDER AND NOW, this~day of 2008, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $17,737.30, representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnees and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnees and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. BY THE COURT: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFlCE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GOVERNOR'S OFFICE OF FACSIMILE: (717) 772-2741 GENERAL COUNSEL January 3, 2008 Cumberland County Prothonotary Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: In re: Condemnation by the Commonwealth of Pennsvlvania. Department of Transportation, of the Right of Way for State Route 0081, Section 019. a Limited Access HiQhwav in the Township of South Middleton. and the Township of West Pennsboro and the Borough of Carlisle, No. 07-4079 CIVIL TERM (Claim No. 2100310000) Dear Prothonotary: Enclosed is an original Petition to Deposit Estimated Just Compensation, an original and two (2) copies of the proposed Order, a Sworn Statement and a check payable to the Prothonotary of Cumberland County in the amount of $17,737.30 as payment for this claim. Please file the Petition and present the original proposed Order to the Court for signature. When the Court signs the Order, please file it. Please execute the two conformed copies of the Order and return them with a payment receipt for the claim to Kelly E. Solomon, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212. Thank you for your time and attention to this matter. Kelly E. S~jom6t~ Assistant Counsel Cc: Right-of--Way Administrator for District 8-0 File Enc: Petition Order and two (2) copies Swom Statement Check C.[)MMnNWFAI TH KFVSTnNF BIM WING; • 9T" FI nC)R - 400 NnRTH STREET • HARRISRI IRr, PA 17170-0098 ,~ :. , . ,. .~s __ _, '.H LL~I [J!C1~'ki~11EfiJT "~'ta~~ t1. 1ut:~~'i~t'14~'t "` ,4 } '~ QDflbfla bb~9$9.7, 00000 08 121207 01070298 790181 ~ .\ - a~ta G`i /~/~~~ CDC FUND DEPT PREP DATE VOUCHER WARRANT ID ,, G W~ VOIQ AFTER 180 DAY9 v ~#**#***** ~ ~ ROBERT W REINHOLD & BETH S REINHOLD 17 a 737.30 OR PROTH OF CUMB COUNTY ~ C/O K SOLOMON ESQ OCC PENNDOT ;~ ==' PO BOX 8212 ~ ~ HARRISBURG PA 17105-8212 • »~ ~u~~~~n~~n~~~~~nn~~~~~n~n~~~~n~~~n~~~m~~n~~~~~n~~ ~~ - T EASU R O ~NM . I{VANIA. 11'004 L560611' x:03 L3759?9~: L 20 L? 25 24011' .. .. ocooo oot 1s1zo-r ofo~ozst ~ +a~ltl _I;,~:,,;, "afa-:.:,1' ;~i?: ~GDG _ • FU'G_ 03P' p}:P OSTE VWC~CY ri~`RR':l 10 ___ . ~~ ~• 1 ' : , r) ' ,.~T~. ~.~IG NilE1lEI`~•?~,i ~:', . ' . - SOLF3iEIGN BANK'' • . ~. ~ • 41 yr I ~ ..:.IIn ~.:.: ~: ~~ .'.' ~;;:f~~ ~-.` ; r ; ; •~ ,'c ~. ~ ! s 7 ~ ~ .. - .. •P1ILADELPIifA.PA', I. ~ _ ._ •i~%~c%suo~.',I:• , .~fw;, ~_';~'.it`•::..-, . ~ ~ _-.~e VGRIFIC,anoNAVAnAF3~C -POSITIVE PAY' PR4IECCEC' . • 'c'7= . . - :: i • ~ • : - :..~\I i :•. - o r::...: • ~: . ~ Rt ry~ `IVY~Q .. ~ ~Z 7DIh:.ORDEGOF wCXOAFTER7iQDAYS ~~ ~ ,$a*~irr*'*i17 73~'3p ., RQ~ER7 N1 RGNE ~QLO 8 D6Ti•I S REI.VHOlQ , w~ i GRPRO7H OF CU:.~B COUNTY • y~~-. C101C tiOLUMUN ESU UCC i'ENNOOT ~ r,, a ~ PQ B+JX 871?, HARRISBURG PA 17103212 • ' E ~ ~ if ..._. ~ f ~U1~~~u1~1/~~~~~us1 ~1~s~U~u1~111 n~~n ~1~1n~~u~~~~~fu~ , 117ricSllf _R. I:' rLVSHta . u•OQ4 i56D611• f:031375474~: :203725241]~It ~rcount:i':~1'25,'~~ Chub.=:i=~~ ~nount:51' 3.~? QateY'resenir~d:~-l! ?.t30S RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 2/19/2008 Carlisle, Pa 17013 Receipt Time 14:15:51 Receipt No. 204990 PENNSYLVAIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P O BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) SOUTH MIDDLETOWN TWP ET AL Case Number 2007-04079 Received of DEP INTO COMM BANK 02-11-08 627029259 PAYEE #3931 Total Non-Cash..... + 17,737.30 Check# 2400415606 Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $17,737.30 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 17,737.30 627029259 07-4079 $17,737.30 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4079 EMINENT DOMAIN PROCEEDING IN REM PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS The petition of Robert W. Reinhold and Beth S. Reinhold by their undersigned counsel, Salzmann Hughes, P.C. represents: On January 14, 1988, condemnee was the owner in fee simple of property located at 1601 Walnut Bottom Road, Carlisle, Pennsylvania ("property") recorded in deed book 33D on January 14, 1988 at page 524. 2. On July 7, 2007, a declaration of taking was filed of record by Pennsylvania Department of Transportation including the property herein. A copy of the declaration of taking is attached as Exhibit "A." No preliminary objections to the declaration of taking have been filed or remain undisposed. 3. The subject property is more fully described as follows: ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the intersection of the centerline of Pennsylvania Route 33, known as Walnut Bottom Road, with the centerline of Legislative Route 20156, known as Hayes Mill Road; thence along the centerline of said Walnut Bottom Road, South 47 degrees 30 minutes West a distance of 262 feet to a point at corner of land formerly of William H. Hoffman, nor or formerly of Leander Aughenbaugh; thence by said land now or formerly of Leander Aughenbaugh, North 21 degrees 45 minutes West a distance of 320 feet to a point; thence in an northeasterly direction along land now or formerly of Paul W. Frick and wife, a distance of 250 feet, more or less, to a point in the centerline of Hayes Mill Road; thence along the centerline of Hayes Mill Road, by lands now or formerly of George Raudabaugh, South 21 degrees 45 minutes East a distance of 250 feet to an iron pin in the centerline of said Walnut Bottom Road, the place of BEGINNING. CONTAINING 262 feet in front along the centerline of Walnut Bottom Road and extending from said centerline in depth on the West a distance of 320 feet, and extending in depth on the East a distance of 250 feet, and having a width in the rear on the North of approximately 250 feet, and having thereon erected atwo- story frame combination store and dwelling house and other improvements known as and numbered 272 Allen Road, Carlisle, Pennsylvania 17013. 4. The names and addresses of all other condemnees and mortgages known to condemnee to have an interest in the subject property are as follows: a. Washington Mutual Bank, FA 400 East Main Street, Stockton, CA , 95290 is the lender, recorded in Mortgage Book 1835 Page 1859 on September 11, 2003. 5. By virtue of the declaration of taking, condemnor condemned the property taking a fee simple or absolute title. 6. Condemnees and condemnor have been unable to agree upon the just compensation for the property. WHEREFORE, condemnees request that this Court appoint three viewers to assess the damages to which condemnees are entitled by reason of the condemnation. Respectfully submitted, SALMANN HUGHES, P.C. a~Tzmann, Esquire ID No. 61935 Melissa K. Dively, Esquire Attorney ID. No. 36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 Telephone: (717) 263-2121 Facsimile: (717) 263-0663 Attorneys for Condemenees, Robert W. & Beth S. Reinhold VERIFICATION 1 HEREBY VERIFY and acknowledge that I have read the information set forth in the foregoing PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of l8 Pa.C.S. §4904, relating to unsworn falsifications to authoritie . Z`2~1~~~ Robert W. Reinhold, Condemnee ~~~d~ Be S. Re d, Condemnee ca 0 ~•e Q CERTIFICATE OF SERVICE I hereby certify that on the ~ day of March 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Salzmann Hughes, P.C. EXHIBIT A . C~OI~~I 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE c-, ~' C~ ~- •~; ~ . ~ ? _ ~~ .: ri5 ~ - ~ --„_. .>>, :.. `~' `; r;a ;~ t r~ (•;•3 :I7 EMINENT DOMAIN PROC~EI~ING ~-' IN REM DECLARATION OF TAKING 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'IYansportation 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. The aforesaid plan was revised and reauthorized by signature of the Secretary of Transportation on April 5, 2007, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 186 on April 19, 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 15 two easements to the South Middleton Township Municipal Authority, as shown on two separate documents, each dated August 2, 2004, and recorded separately on August 10, 2004, in Deed Book 710 at page 3140 and at page 3162; 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 on Parcel 15 two easements to the South Middleton Township Municipal Authority, 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. ~._ .-i_. Gary . Fa er, P. E. Chief, Utilities and Right-of--Way Section 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE DECLARATION OF TAKING 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE NO. 0"] - ~ ~ ~ ~ Cllr ! c. `7~2~.I 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. Dated: '] ~_ O~ ~ zo w~ ~ ~z ~ww ~ ~~~oa ~ ~ H °~ ~a w~ ~~HC~o~A~~ w a`~ 1'` p~OF~ti+E{~~pw,,U w o~ ~ ~~~~~xx~° ~ ~~' ~ o ~~~~~~ o r ~~ ©~`~Gw~ ~UU Z ~ ~~~A~x~ w ~~ ~A ~~~~~ p ~~OwH ~OH U v U~ ~~ p E, A w w W ~ "4 F+ ,~ E'' W ~~ oW ~ ~x~ ~~' ~~ wA HH H ~~ ~ ~ :° ~ ~ ~- ~~ ~, ~ ~~ a ~ ~' o ~ ~ ~ca;"c p ~ a ~ o~ ~ ~~~~ ~ ~~ ~ ~ ~ °~ ~ ~ 3 ~a~~ ~ ~ 4 ~ ~ ~ H U Page 1 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PRO]. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY South Middleton Township TYPE OF TAKE TYPE OF DESCRIPTIOI` 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 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 9 2100304000 PT Teresa E. Garman R Cumberland County Mailing Address: Recorder of 1614 Walnut Bottom Road Deeds - Carlisle, PA 17015-9196 Cabinet 3, Drawer 1, Location of Property: Page 186 Deed Book 277 Page 1695 Sheet 34 & 130 15 2100310000 PT Robert W. Reinhold and Beth S. R Cumberland Reinhold, Husband and Wife County Recorder of Mailing Address: Deeds - 43 Sleepy Hollow Drive Cabinet 3, Tabernacle, NJ 08088-8504 Drawer 1, Page 180 Location of Property: Sheet 82 Deed Book D-33 Page 524 27 2100320000 PT Skywater-Carlisle, LLC, a Maryland R Cumberland Limited Liability Company County Recorder of Mailing Address: Deeds - One R. E. Michel Drive Cabinet 3, Glen Burnie, MD 21060-6495 Drawer 1, President J. W. H. Michel Page 180 Sheet 95 Location of Property Deed Book 249 Page 1855 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PR01. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY South Middleton Township TYPE OF TAKE PT- Partial Take TT- Total Take Page 2 of 4 ~• 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 29 2100322000 PT John Charles Cline and Linda Mae R Cumberland Cline, Husband and Wife, Tenants in County Common Recorder of Deeds - Mailing Address: Cabinet 3, 9300 Charlin Ranch Road Drawer 1, • Cushing, OK 74023-8959 Page 180 Sheet 97 Neil Ray Cline and Linda Sue Cline, Husband and Wife, Tenants in Common Mailing Address: PO Box 1739 Cushing, OK 74023-1739 Location of Property: Deed Book D - 32 Page 874 Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9106) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROJ. NO. OSOl98 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY Borough of Carlisle TYPE OF TAKE TYPE OF DESCRIPTION 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 ert Attached Exhibit Number if an "iType of Descri tion Plan (if any) Recorded in 41 2100334000 PT Farmers & Merchants Trust Company, a R Cumberland Pennsylvania Banking Corporation County Mailing Address: Recorder of 20 South Main Street Deeds - Chambersburg, PA ]7201-2202 Cabinet 3, President: William E, Snell, Jr. Drawer 1, Location of Property: Page 180 Deed Book 240 Page $49 Sheet 44, 45 & 132 Allyn G. Perkins, single adult Mailing Address: 300 South Hanover Street Carlisle, PA 17013-3915 Location of Property: Deed Book 259 Page 485 Owen E. Meals, Jr. and Richard G. Baish, adult individuals Mailing Address: 1909 Ritner Highway, Suite #1 Carlisle, PA 17013-9310 Location of Property: Deed Book 257 Page 2872 Owen E. Meals, Jr. and Karen D. Meals, husband and wife, and Owen Meals, Sr. Mailing Address: 32 Burnthouse Road Carlisle, PA 17015-7646 Location of Property: Deed Book 247 Page 3647 R & S Real Estate Holding, LLP, a Pennsylvania limited liability partnership Mailing Address: 93 Walnut Bottom Road Shippensburg, PA 17257-7701 General Partner: John D. Stoner Location of Property: Deed Book 256 Page 2909 AS THEIR INTEREST MAY APPEAR Page 4 of 4 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 MUNICJPALrrY West Pennsboro Township and Borou h of Carlisle TYPE OF TAKE PT- Partial Take TT- Total Take TYPE OF DESCRIPTIOr 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 65 2100353000 PT Richard K. Howell and Mary Beth P. R Cumberland Howell, Husband and Wife County Recorder of Mailing Address: Deeds - 991 North Barfield Drive Cabinet 3, Unit 214 Drawer 1, Marco Island, FL 34145-2356 Page 180 Sheet 117 Location of Property: Deed Book 189 Page 478 c - ``~ ~ r ~~ ~~ ~ ~~~ ~~,,. __ -r; , ... ~ ~a 1 '° ~. a: _ _ ~t;* .._ `~~'~ -- 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 0081 SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE NO. 2007-4079 EMINENT DOMAIN PROCEEDING IN REM CLAIM NO.: 2100310000 PETITION OF ROBERT W. REINHOLD AND BETH S. REINHOLD PURSUANT TO SECTION 522 OF THE EMINENT DOMAIN CODE Robert W. Reinhold and Beth S. Reinhold ("Condemnees"), through their undersigned attorneys, petitions this court pursuant to Section 522 of the Eminent Domain Code, Act of June 22, 1964, 26 Pa. Stat. Ann § 1-522 for a distribution to it of damages, and in support thereof represents: A declaration of taking in the above-captioned matter was filed by the Pennsylvania Department of Transportation ("Condemnor") on July 9, 2007, in the Court of Common Pleas of Cumberland County, as of the above court term and number, whereby property located at 1601 Walnut Bottom Road, Carlisle, Pennsylvania was condemned. A copy of the declaration of taking is attached as Exhibit "A". 2. The record title owner in fee simple of the property on such date was Condemnees, by deed dated January 14, 1988, between Condemnees and Kermit E. Lackey and Carolyn L. Lackey, husband and wife, recorded in Deed Book 33, Page 524 on January 14, 1988 in the Recorder of Deeds Office of Cumberland County. 3. On January 7, 2007, Condemnee petitioned this Court to Deposit Estimated Just Compensation in the sum of $17,500.00, which was Condemnor's estimate of just compensation for the property along with the Commonwealth's pro-rata share of the taxes on the subject property in the amount of $237.30. 4. By order of this Court dated January 29, 2008, a copy of which is attached as Exhibit "B", and the sum of $17,737.30 was paid to the Prothonotary. 5. Condemnee attaches as Exhibit "C" a copy of a release of lien executed by Washington Mutual Bank, F.A., mortgagee of record authorizing the release of the funds to the Condemnee. 6. Condemnees avers that distribution of the damages should therefore be made to them in the full amount of $17.737.30 along with any accumulated interest. WHEREFORE, Condemnee requests that this Court order the Prothonotary to distribute to Condemnee the sum of $17,737.30, previously deposited by the Commonwealth of Pennsylvania Department of Transportation along with any accumulated interest previously deposited without charging any fees. SALZMANN HUGHES, P.C. s By: Melissa ively, squire Atto ey ID 367 4 Phoenix ive; Suite A hamber rg, PA 17201 Attorney for Condemnee CERTIFICATE OF SERVICE I hereby certify that on the ~ day of March 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Salzmann Hughes, P.C. issa K. Dively, Es ' EXHIBIT A ~~~~~t 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE ,_, ~~ i.: ~' C3 NO. D7_ x,/07 j ~~ --~i= c~ --+ ~ ~ ~_ .. r,7 -n -- , -;;": `~ - -~. ~-> - --, __. _. ;... _ =c, - •• ~t=a <.; 1 ,I:7 EMINENT DOMAIN PROC~EI}I~TG ~`' IN REM DECLARATION OF TAKING 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. The aforesaid plan was revised and reauthorized by signature of the Secretary of Transportation on April 5, 2007, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 186 on April 19, 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 15 two easements to the South Middleton Township Municipal Authority, as shown on two separate documents, each dated August 2, 2004, and recorded separately on August 10, 2004, in Deed Book 710 at page 3140 and at page 3162; 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 on Parcel 15 two easements to the South Middleton Township Municipal Authority, 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. C--- Gary . Fa r, P. E. Chief, Utilities and Right-of--Way Section IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~1-~v7~t CIVIL 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE DECLARATION OF TAKING 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE NO. 0~ - 4 ~ 7 ~ Cllr ~ C. ~1 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. Bog 8212, Harrisburg PA 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-captioned proceedings. Dated: ~] 0~ / a- Page 1 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9106) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUI3ICIPALITY South Middleton Township TYPE OF TAKE TYPE OF DESCRIPTION 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 Parcel No. Claim Number 'Type of Take Name, Property Interest of Condemnees, Mailing Address, and Location of Condemned Pro a Attached Exhibit Number "Type of Plan (if any) if an Descri tion Recorded in 9 2100304000 PT Teresa E. Garman R Cumberland County Mailing Address: Recorder of 1614 Walnut Bottom Road Deeds - Carlisle, PA 17015-9196 Cabinet 3, Drawer 1, Location of Property: Page 186 Deed Book 277 Page 1695 Sheet 34 & 130 15 2100310000 PT Robert W. Reinhold and Beth S. R Cumberland Reinhold, Husband and Wife County Recorder of Mailing Address: Deeds - 43 Sleepy Hollow Drive Cabinet 3, Tabernacle, NJ 08088-8504 Drawer 1, Page 180 Location of Property: Sheet 82 Deed Book D-33 Page 524 27 2100320000 PT Skywatex-Carlisle, LLC, a Maryland R Cumberland Limited Liability Company County Recorder of Mailing Address: Deeds - One R E. Michel Drive Cabinet 3, Glen Burnie, MD 21060-6495 Drawer 1, President 3. W. H. Michel Page 180 Sheet 95 Location of Property Deed Book 249 Page 1855 Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE O1"' PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROJ. NO. 080198 COUNTY Cumberland S.R-SECTION OOSI-Ol9 MUNICIPALITY South Middleton Township TYPE OF TAKE PT- Partial Take TT- Total Take 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 a Attached Exhibit Number if an ~*Type of Descri tion Plan (if any) Recorded in 29 2100322000 PT John Charles Cline and Linda Mae R Cumberland Cline, Husband and Wife, Tenants in County Common Recorder of Deeds - Mailing Address: Cabinet 3, 9304 Charlie Ranch Road Drawer 1, Cushing, OK 74023-8959 Page 180 Sheet 97 Neil Ray Cline and Linda Sue Cline, Husband and Wife, Tenants in Common Mailing Address: PO Box 1739 Cushing, OK 74023-1739 Location of Property: Deed Book D - 32 Page 874 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 Borough of Carlis{e Page 3 of 4 • ~• `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 Parcel No. Claim Number "Type of Take Name, Property Interest of Condemnees, Mailing Address, and Location of Condemned Pro ert Attached Exhibit Number ""Type of if an Descri tion Plan (if any} Recorded in 41 2100334000 PT Farmers & Merchants Trust Company, a R Cumberland Pennsylvania Banking Corporation County Mailing Address: Recorder of 20 South Main Street Deeds - Chambersburg, PA 17201-2202 Cabinet 3, President: William E. Snell, Jr. Drawer 1, Location of Property: Page 180 Deed Book 240 Page 849 Sheet 44, 45 & 132 Allyn G. Perkins, single adult Mailing Address: 300 South Hanover Street Carlisle, PA 17013-3915 Location of Property: Deed Book 259 Page 485 Owen E. Meals, Jr. and Richard G. Baish, adult individuals Mailing Address: 1909 Rimer Highway, Suite #1 Carlisle, PA 17013-9310 Location of Property: Deed Book 257 Page 2872 Owen E. Meals, Jr. and Karen D. Meals, husband and wife, and Owen Meals, Sr. Mailing Address: 32 Burnthouse Road Carlisle, PA 17015-7646 Location of Property: Deed Book 247 Page 3647 R & S Real Estate Holding, LLP, a Pennsylvania limited liability partnership Mailing Address: 93 Walnut Bottom Road Shippensburg, PA 17257-7701 General Partner: John D. Stoner Location of Properly: Deed Book 256 Page 2909 AS THEIR INTEREST MAY APPEAR Page 4 of 4 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/OG) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. N0. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY West Pennsboro Township and Borou h of Carlisle TYPE OF TAKE PT- Partial Take TT- Total Take {`TYPE OF DESCRIPTIOr 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 65 2100353000 PT Richard K. Howell and Mary Beth P. R Cumberland Howell, Husband and Wife County Recorder of Mailing Address: Deeds 991 North Barfield Drive Cabinet 3, Unit 214 Drawer 1, Marco Island, FL 34145-2356 Page 180 Sheet 117 Location of Property: Deed Book 189 Page 478 EX~IIBIT B 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 TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIPOF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS : IN REM oepa-tme F ~~ Q 4 ~~~ otflce of Chlet t~lel CLAIM N0.2100310000 : N0.07-4079-CIVIL TERM ORDER AND NOW, this~~y of 2008, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $17,737.30, representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnees and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnees and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. BY THE COURT: J. f!i a :a !}~~°" ' = ~'~{rF, ~ ~±< ~ .. .:. ~ ;~iiL1 Tes~~~~ ' ~~~~ ~ ~ 'x ~a ~ 3<3c~'r'~ ~dRi ~~ r ~ ~. `~~,' EXHIBIT C Prepared By: Commonwealth of Pennsylvania Department of Transportation Return To: PA Department of Transportation Engineering District 8-0 2140 Herr Street Harrisburg, PA 17013-1625 Site Location: 40-24-0744-004 Loanl~~ 156,0647621333 RW-307 (11/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ROW OFFICE PROJ. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MiJNICIPALITY South Middleton Townshi PARCEL NO. 15 CLAIM NO. 2100310000 CLAIMANT Robert W. Reinhold and Beth S. Reinhold, h/w RELEASE OF LIEN MORTGAGE - NDGEMENT PENNDGT INSTRUCTIONS: After the phrase, "... hereby releases from the operation and effect of said lien the premises," insert one of the following phrases to describe the property release: If the property was acquired by deed insert: "conveyed by the above claimant(s) to the Commonwealth of Pennsylvania, Department of Transportation, by deed dated and recorded on the date of recording of this instrument" If the property was acquired by Declaration of Taking insert: "condemned by the Commonwealth of Pennsylvania, Department of Transportation, on by the filing of a Declaration of Taking in the Court of Common Pleas of County to No. Term, 19 " If the property is covered by an advanced acquisition agreement and mortgage insert: "described in the mortgage dated and recorded in the County Recorder's Office on the date of the recording of this instrument" RW-307 (I 116) 2100310000 Robert W. Reinhold and Beth S. Reinhold D~ Page 2 of 3 Claim Number Clamant Date In consideration of the sum of One Dollaz ($1.00) and good and valuable consideration, the undersigned, hereinafter, whether singular or plural, called the LIENOR, holder of the mortgage and/or judgement set forth below, which instrument is a lien on the above property, hereby releases from the operation and effect of said lien the premises "condemned by the Commonwealth of Pennsylvania, Department of Transportation, on 7/09/07 by the filing of a Declaration of Taking in the Court of Common Pleas of Cumberland County to No. 07-4079 Term, July 9, 2007 "and any and all payments to be made by the Commonwealth of Pennsylvania, Department of Transportation, to the said claimant(s) in consideration of the acquisition of said premises; provided, however that execution hereof shall have no effect upon the said lien or upon any rights of the said LIENOR set forth in the instrument which is the basis of the said lien, including but not limited to the right to collect principal and/or interest as it shall become due. Nattcre oflnstrument Date and Place of Recording Mortgage 9/11/03 Cumberland County Book 1835 Page 1858 RW-307 (I 1/06) 2100310000 Robert W Reinhold and Beth S Reinhold Page 3 of 3 Claim Number Claimant Date The LIENOR has executed or caused to be executed these presents, intending to be legally bound thereby. ENTITIES* LIENOR: 1 Washington Mutual Bank, FA (Name of Entity) BY: BY: TNT)TVTn>{ IAL ENTITY STATE OF PENN--""SYLVANIA COUNTY OF tNGt,~'1.~-Ci_.s'~ On this~,day of ~ ~~ , 20~, before me, Yb .Lt ~, the undersigned officer, personally appeared Q6 1~ . 1 n 1'lu` Ql ~t4~~ ~ . ~et nh , known to me (or satisfactorily proven) to be the person(s) whose name(s) ~ subscribed to the within instrument, and acknowledged that~l~hA~ executed the instrument for the purposes contained in it. In witness whereof, I hereto set my hand and official seal. Q <~~ ignature] ~ L[ 'tle] * Use this block for a corporation, partnership, LLC, government entity, school district, church, trust, club, association, POA, attorney-in-fact, executor, administrator or any other entity. See R/W Manual Section 3.06. STATE OF PENNSYLVANIA COUNTY OF On this day of , 20 , before me, ,the undersigned officer, personally appeared who acknowledged self to be the and that as such [title] of [name of entity], [title], being authorized to do so, executed the foregoing instrument for the purposes contained in it by signing on behalf of the entity as [title]. In witness whereof, I hereto set my hand and official seal. [Seal] COMMONWEALTH OF PENNSYLVANIA [Seal] Notarial Seal Stephanie A. Lindsay, Notary Public Chambersburg Boro, Franklin Coun My Commissior, Expires Dec. 18, 8 [Signature] [Title] Loan#156-0647621333 RW-307 (11/06) 2100310000 Robert W. Reinhold and Beth S. Reinhold Page 3 of 3 Claim Number Claimant Date The LIENOR has executed or caused to be executed these presents, intending to be legally bound thereby. INDIVIDUALS ENTITIES* LIENOR: Washington Mutual Bank, FA (Name of Entity) BY: 7'i~-le; Assis t Vice President Wendy A. Buchner BY: * Use this block for a corporation, partnership, LLC, government entity, school district, church, trust, club, association, POA, attorney-in-fact, executor, administrator or any other entity. See R/W Manual Section 3.06. INDIVIDUAL F.NTiTY STATE OF PENNSYLVANIA COUNTY OF On this day of , 20 , before me, , the undersigned officer, personally appeared . known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed the instrument for the purposes contained in it. In witness whereof, I hereto set my hand and official seal. [Seal) [Signature] [Title] STATE OF South Carolina COUNTY OF Florence On this 30th day of November , 2007 , 'before me, Crystal Lukowski_, the undersigned officer, personally appeared Wendy A. Buchner who acknowledged .here .self to be the Assistant Vice President [title] of Washington Mutual Bank, FA [name of entity], and that as such Assistant Vice President [titlej, being authorized to do so, executed the foregoing instrument for the purposes contained in it by signing on behalf of the entity as Assistant Vice President [title]. In 'mess w eof, I eto set my hand and official seal. [Signature] s l,, Notary Public[Title] commission expires: 8-30-2011 [ eal] Crystal wkpwski NOTARY PUBLIC State of South Carouna CERTIFICATE OF SERVICE I hereby certify that on the day of February 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Salzmann Hughes, P.C. ~~ n ~_-~ fi , 4J ~ ~~ t ~~~ ~ ~ ~ _ ~ ~;`;`t t..4T .. :, . F ~4T . , MAR 142006 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4079 EMINENT DOMAIN PROCEEDING IN REM ORDER ~C,i, AND NOW, this ~ 8 day of ~YNL~P~ 2008, upon consideration of the Petition of Robert W. Reinhold and Beth S. Reinhold, the Court appoints llJ ~ ,~• , and as a Board of Viewers 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. ~- c9~, __.. ~~. -;~~ - J ! - . G 7 ..f.. ~ . i .-1 ~,1f:aw si ca. '- ;=y _ -J ~ - -_ C:7 ~` ~ ~r7 / ~ ~..d 1~iQ.p 11, ~ ~ o-Q.~,-t~+~.,a-,., ~ . ~ . t~ ~c~._ ~~ 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 TOWNSHIP OF SOUTH MIDDLETOWN: THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4079 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2008, a Rule is entered against the Commonwealth of Pennsylvania, Department of Transportation to show cause why the relief requested in the within petition should not be granted. Rule returnable twenty (20) days after service. By the ~o~l.Zma-r n ~ t~~es, P. C . Melissa K. Divley, Esquire For Condemnee ~elly E. Solomon, Esquire For Department of Transportation :sal J Edgar B. Bayley, J. ~. 3 '~ C~ d j {fj ~ cr'; N f''- ~~" Cy ~~i,~i Y ~ e a? i~c- ~ ~ N .~,' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL %lly E. Solomon, Assistant Counsel Right of Way Section Supreme Court I.D. #8514 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, No.07-4079 OF THE RIGHT OF WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS IN EMINENT DOMAIN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND : PROCEEDINGS -- IN REM THE BOROUGH OF CARLISLE TO THE PROTHONOTARY: PRAECIPE Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. F By: E. Solomon, ant Counsel r ~. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE CIVIL ACTION -- LAW No.07-4079 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: G. Bryan Salzmann, Esquire 455 Phoenix Drive; Suite A Chambersburg, PA 17201 Melissa K. Dively, Esquire 455 Phoenix Drive; Suite A Chambersburg, PA 17201 Respectfully submitted, OFFIC O C IEF By. ,L ~ elly E. Solomon ~ ssistant Counsel Dated: March 24, 2008 r- , ~ ~ a.~ "CI - ca ~';1 t.-~ ~ ~ _+}~,.i f _~ 4- i ~..~ i' f .1 is--' , _~ `~ ~~ !V IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081 SECTION 019 LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP: OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4079 EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this ~-~ day of March, 2008, the Commonwealth of Pennsylvania, Department of Transportation, having responded to the Rule to Show Cause issued on March 20, 2008, by not taking a position on the petition, it is ordered that the Prothonotary distribute to Robert W. Reinhold and Beth S. Reinhold, Condemnees, the $17,737.30, with any accumulated interest, that was deposited with the Prothonotary pursuant to an order of January 29, 2008. By the Coyir~,' f 1i~ t/. Edgar .Bayley, P.J. Melissa K. Dively, Esquire For Condemnees ~Ily E. Solomon, Esquire For Department of Transportati s mlc ~-- ~"~ c:_. ` ~ ~ i= _ r t.3 ~~ __ r' ~; , _ _i ~: \V t~_` ~ arm . _ _.... 4~ L.: ~.~ ~'^^'~ CV ~.'-" o`~ - y079 °z ~~ B ~ 11-05695 ~ } W a 13 ~ _ 0 e a z ~ 65 ASHLAND AVE ~,,~~(~1~!()~,+ ~ m LL o GARLISLE:'PA 17013 - ~ ~ ao ~~ ROBERT V1/ ~t'EINHOLD A(VD BETH E• REItVH4LG'~~`~ $17.82.21 W 'j' ~~ 0 m ~ ~ ' PAY TO THE ORDER OF V 5 '~ZW J W 0 Zm5 =~vQnf~n ThoL~sand Eight Hundred Twenty T~r4 C~oltar~ AIVCi 21 ~~nt5 ~ DOLLARS ~r ~ a ' ~ ~ V ¢ ~. W LLY~ LL V °Wo ~ /~ O N~ ~ ~wz a~w Z ~~~ =OW m RE: ~~' L L05695ii' x:0'3 i30 L846~: 5 ~ 900003' 8~-' 12382004082008 Cumberland County Prothonotary's Off;ce Pagge 1 4/G8/2008 PYS405 Manual Release Check Register Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------------------------------------- 3931 627029259 07-4079 Check Date: 04/08/2008 Check No.:9000024 BOND 2007- 04079 PYMT/CHECK 4079 PYMT/CASH 17737.30 32.23 2/19/2008 3/10/2008 INTEREST INTEREST 2007- 0 2007- 04079 PYMT/CASH 52.68 4/07/2008 Payee total: 17822.21 Grand total: 17,822.21 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIlvIITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON THE TOWNSHIP OF WEST PENNSBORQ, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA N0.07-4079 ENIINENT DOMAIN PROCEEDING IN REM CONDEMNEES: Robert W. Reinhold and Beth S. Reinhold, H/W NOTICE OF FILING. OF REPORT OF VIEWERS Mr. Gary R. Sausser James P. Sheya William A. Duncan, Esq. 13()6 Bosler Place 433 Mooreland Avenue 1 Irvine Row Cazlisle, PA 17013 Carlisle, PA 17013 Cazlisle, PA 17013 Enclosed herein please find report of the Boazd of View dated ~~~ ~~ 2009, concerning the premises owned by Plaintiff-Condemnee situate in South Middleton Township, Cumberland County, PA. The said report shall be filed in the O ce of the Prothonotary of the Court of Common Please for Cumberland County on 2009. The report shall become final unless and appeal therefrom is filed wi thirty (3 )days from the date the report is filed. Boazd of View Willi A. Duncan, Chairman Boazd of View Gary R. Sa ser, Member Boazd of ew J es ember Bo of View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIlVIITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4079 ENIlNENT DOMAIN PROCEEDING IN REM CONDEMNEES: Robert W. Reinhold and Beth S. Reinhold, H/W REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On July 9, 2007, the Commonwealth of Pennsylvania, Department of Transportation (hereinafter PennDOT) filed a Declaration of Taking at the above referenced Docket Number. [See Exhibit "A" attached]. 2. The Declaration of Taking effectuated a partial taking of property owned by Robert W. Reinhold and Beth S. Reinhold, husband and wife, located in South Middleton Township, Cumberland County (hereinafter Subject Property). 3. The effective before are of the subject property was 1.40 acres, or 61,037 square feet; the after area is 1.26 acres, or 54,730 square feet; the right of way taken by PennDOT consisted of 6,307 square feet and a Temporary Construction Easement area in the amount of 1,123 square feet. 4. The parties stipulated that any delay damages to be awarded would accrue from the date of March 12, 2009. Notes of Testimony (hereafter N.T.) 7. 5. On or about March 3, 2008, the Reinholds, through Counsel, filed a Petition'for the Appointment of a Board of Viewers pursuant to 26 Pa.C.S. §502(a). 6. By Order of Court of March 18, 2008, the Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Gary Sausser as a Board of Viewers (hereafter Board)'to assess damages in the condemnation. [See Exhibit "B" attached]. 7. On October 10, 2008, Chairman Duncan sent a letter to Counsel requesting a Status Report. [See Exhibit "C" attached]. 8. On October 28, 2008, Chairman Duncan provided notice to Counsel scheduling a site view of the subject property for December 9, 2008. [See Exhibit "D" attached]. 9. The Site View occurred on December 9, 2008, at which time Counsel for PennDOT provided Counsel for the Reinholds and the Board of Viewers with copies of the Board of Viewers Plan. Potential dates for the Hearing in the within matter were also discussed at the conclusion of the Site View. 10. On December 11, 2008, Chairman Duncan sent a Notice scheduling a Hearing I this matter for Apri19, 2009. [See Exhibit "E" attached]. 11. On or about February 18, 2009, Counsel for PennDOT requested a brief Continuance of the scheduled Hearing due to the unavailability of PennDOT's qualified Valuation Expert. [See Exhibit "F" attached]. 12. On February 25, 2009, Chairman Duncan sent a letter granting a Continuance to PennDOT Counsel. (See Exhibit "G" attached]. 13. On March 2, 2009, Counsel for PennDOT sent a letter with available dates for a Hearing. [See Exhibit "H" attached]. 14. On March 4, 2009, Chairman Duncan rescheduled a Hearing in this matter far May 7, 2009. [See Exhibit "P' attached]. 15. William F. Rothman, a Qualified Valuation Expert, testified on behalf of the Condemnees. N.T. 9-51. 16. PennDPT Counsel stipulated to Mr. Rothman's qualifications. N.T. 8. 17. Mr. Rothman testified from an Appraisal Report dated May 1, 2009, which was marked as Exhibit P-1 and admitted into the record. N.T. 19. 18. Mr. Rothman concluded that the highest and best use of the subject property before the condemnation and as unaffected thereby and immediately after the condemnation,' and as affected thereby was as vacant land for commercial development for one of the uses of right in the I-3 Zone, in particular, a convenience store with gas sales. N.T. 13-14; Exhibit P-1, pp. S-A and 18. 19. Mr. Rothman used three (3) comparable sales from the McCoy Business Pant to arrive at a value of the subject property as vacant before the condemnation and as unaffected thereby and used the same three (3) comparable sales to amve at a value of the subject property as vacant after the condemnation and as affected thereby. N.T. 14-16, 22; Exhibit P-1, pp. 7-1, 7- A-1, 7-B-1, 19-1, 19-A-1 and 19-B-1. 20. Mr. Rothman testified that the location of the subject properly was a superior location as compared to the location of his comparable sales in the McCoy Business Park sa he made a five percent (5%) positive adjustment in his comparison grid. N.T. 16-17; Exhibit P-1, p. 8-1. 21. Mr. Rothman testified repeatedly that the best use of the subject property was as a convenience store. N.T. 14, 17, 25. 22. Mr. Rothman testified that there is no commercial development occurring in the immediate area of the subject property. N.T. 43-45, 47. 23. Mr. Rothman testified that the subject property is located about one (1) mile from Interstate 81 (hereafter I-81) and is not visible for I-81. N.T. 44. 24. When asked if all of his omparable sales in the McCoy Business Park were "a stone's throw away" from I-81 and could be seen by traffic going in either direction on I-81, Mr. Rothman agreed. N.T. 45. 25. Mr. Rothman testified that his comparable sale two in the McCoy Business Park was subsequently developed into a Fairfield Inn. N.T. 46; Exhibit P-1, p. 7-A-1. 26. Mr. Rothman testified that there is a Country Inn and Suites located across the street from the Fairfield Inn in the McCoy Business Park. N.T. 46. 27. Mr. Rothman testified that his omparable sale three in the McCoy Business Park was subsequently developed into a Medical Office Building. N.T. 46; Exhibit P-1, p. 7-B. 28. Mr. Rothman testified that Holy Spirit Hospital is located across the street from his comparable sale number three in the McCoy Business Park. N.T. 46. 29. Mr. Rothman admitted that market activity, either immediately before or subsequent to the date of taking, is important in making an appraisal analysis. N.T. 47. 30. Mr. Rothman testified that Sheetz's minimum lot size for establishing a new store with gas was two (2) acres. N.T. 50. 31. Mr. Robert Reinhold, Condemnee, testified but did not testify to an amount of Just Compensation due to the Condemnees as a result of the condemnation. N.T. 52-54. 32. Patrick None, a Qualified Valuation Expert, testified on behalf of PennDOT. N.T. 55-79. 33. Condemnees' Counsel stipulated to Mr. Noone's qualifications. N.T. 8. 34. Mr. Noone testified from an appraisal report dated August 13, 2008, which was marked as Exhibit D-4 and admitted into the record. N.T. Sb. 35. Mr. Noone concluded that the highest and best use of the subject property before the condemnation and as unaffected thereby and immediately after the condemnation and as affected thereby was as vacant land for commercial development. N.T. 57 and 67; Exhibit D-4, pp 4, 4-A, 4-B and 17. 36. Mr. Noone used five (5) comparable sales to arrive at a value of the subject property as vacant before the condemnation and as unaffected thereby. N.T. 59; Exhibit D-4, pp 6, 6-A, 6-B, 6-C, 6-D and 6-E. 37. Mr. Noone used the same five (5) comparables sales to arrive at a value of the subject property as vacant ai~er the condemnation and as affected thereby. N.T. 68; Exhibit D-4 pp. 18, 18-A, 18-C, 18-D and 18-E. 38. Mr. Noone's comparable sales one, two and three were located in the same vicinity ,the McCoy Business Park, as all three (3) of Mr. Rothman's comparable sales. N.T: 62 and 65; Exhibit D-4 pp. 6 E and 18-E. 39. Mr. Noone's comparable sales two was subsequently developed into a Medical Office Building. N.t. 63; Exhibit D-4 pp.6-A and 18-A. 40. Mr. Noone's comparable sale three was subsequently developed into a Professional Office Building. N.T. 63; Exhibit D-4 pp. 6-B and 18-B. 41. Mr. Noone testified that the subject property was in an inferior location as compared to comparable sales one, two, three and five. N.T. 65; Exhibit D-4 pp. 7 and 19. 42. Mr. Noone testified that any commercial activity that has occurred in the general neighborhood of the subject property has occurred closer to I-81. N.T. 85. 43. Mr. Noone testified that developers would choose to build as close to I-81 as possible. N.T. 65. 44. Mr. Noone testified that the subject location would not be a likely location fox a convenience store because a competitor would locate itself in between the subject property ahd I- 81.N.T. 65. 45. Mr. Noone testified that in the years subsequent to the condemnation, the land development in the general neighborhood of the subject property has been for professional offices around the new hospital. N.T. 66. FINDINGS OF BOARD OF VIEW The Board. has considered the merits of the arguments of Condemnor and Condemnoe and finds that the location of the condemned premises lessens the damages asserted by Condemnee and increases the proposed damages offered by the Condemnor. Therefore, the Board finds the proposed award of damages to be Thirty-Five Thousand Dollars ($ 35,000.00), plus delay damages from March 9, 2009. As set forth in the Procedural Statement, the Viewers executed their duties by Views and Hearings. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. ~ e S 'tted• Date: By. ~-~ William A. Duncan, Esquire Chairman, Board of View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 5 days @ $ 375.00 $ 1,875.00 Postage Certified 2 x $ 5.21 10.42 Postage Certified 5 x $ 5.32 26.75 Postage First Class 2 x $ .41 .82 Postage First Class 13 x $ .42 5.46 Mileage 8 x .50 cents per mile Subtotal $ 1,922.45 James Sheya, Viewer 3 days @ $250.00 $ 750.00 Mileage 8 x .50 per mile 4.00 Subtotal $ 754.00 Gary Sausser, Viewer 3 days @ $ 250.00 $ 750.00 Mileage 8 x .50 cents per mile 4.00 Subtotal $ 754.00 TOTAL COST OF VIEWERS $3,43U.45 Date: Willi A. Duncan, Chairman Date: ~ ' J es Sheya, sewer Date: D Gary Saus ,Viewer w.gnoao 1lCYIN1 I ~ Lr arfo ~. Ai$p Complete /~, item 4 if ~eshtcted p,y ~ desired. P/Mit your narffe and address 011 fife rem X ~ SO tt)at 1Ne Cart r@tiXrl ills (~ 10 y«,.~AddfesS®B Att8d1 ttil$ Card t0 ttfe bade Of ttfe rTYddpIBCe~ B' by (PrirtAad NBRIg) v_Q' a Or! t)fe f/Oflt it ~ PefmltS. 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ZIP+4 _ ~ ------- -------------------- G) f'7/D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-0F-WAY FOR STATE ROUTE 0081, SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE Cr VrL NO. ~~ -~jlo7~' TERM, 20 d 7 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 ~UL`/, ~ , ~GU~' ,was recorded in the office of the Recorder of Deeds of the above county in ~j ~~, 073 $ ,page(s) / ~ 7 9 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 Way Administrator Engineering District 8-0 sae i 42oos~tl IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIlVIITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4079 EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this ~ ~ day of 2008, upon consideration of the Petition of Robert W. Reinhold and Beth S. Reinhold, the Court appoints ~(,~,c,!? (~,~,Yr, and as a Boazd of Viewers to assess damages in the condemnation and further orders that the Board of Viewers perform its dunes in accordance with the law and Acts of Assembly and grants leave to the Boazd of Viewers to issue an interlocutory report or interlocutory reports covering such properties or claims as the Board of Viewers determines appropriate. BY THE J. Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman October 10, 2008 Melissa K. Dively, Esq. Saltzman Hughes, P.C. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 Kelly Edwazd Soloman, Esq. Commonwealth of PA Department of Transportation P.O. BOX 8212 Harrisburg, PA 17105-8212 12E: View of Property IN RE: Condemnation in Sonth Middleton Township Civil Action No. 07-4079 Civil Term Deaz Counsel: We are requesting a status report on the above captioned case. ~, ~~ (7~,~,9-7780 FAQ ~'~'17) ~~=7800 d~iiitivvpa.n~t 4 ~ Please contact me when you are ready to have the View of the premises scheduled. A Hearing would be scheduled to follow the View. Thank you for your cooperation in this matter. WAD/jda Enclosure CC: James Sheya Gary Sausser Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. PT. -. ~: !.. C'rr r ` s ' " > 4 , i:. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 419A LIlVIITED ACCESS IN THE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 4079 CIVIL TERM TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO: AND, THE BOROUGH OF CARLISLE EMINENT DOMAIN PROCEEDINGS IN REM NQTICE OF VIEW TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 171058212 David Reynolds PennDot RNV Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Melissa K. Dively, Esq. Saltzman Hughes, P.C. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 Mr. Gary R. Sausser 1306 Boller Place Carlisle, PA 17013 Mr. James P, Sheya 433 Mooretand Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Witham A. Duncan, Esq. Duncan & Hartman, PC 1 Irvine Row 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, .tames Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on December 9`", 2008, at 11:00 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. Date:. 10/2$ X008 By: William A. Duncan, Esquire Chairman, Board of View WADrda IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4079 EMINENT DOMAIN PROCEEDING IN REM NOTICE OF HEARING TO: Melissa K. Dively, Esq. Saltzman Hughes, P.C. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot R1W Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Mr. Gary R. Sausser 1306 Boller Place Carlisle, PA 17013 William A. Duncan 1 Irvine Row Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on April 9, 2009, at 9:30 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. Date: I ~~ ~~ ,Zoos By: William A. Duncan, Esquire Chairman, Boarcl of View WAD~da COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL FBbruary 18, 2009 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 Re: 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 Township of South Middletpn, the Township of West Pennsboro and the Borough of Carlisle No. 07-4079. Cumberland County Robert W, and Beth S. Reinhold Dear Chairman Duncan: I have been advised on this date that the Commonwealth's appraiser, Mr. Petrick Noone, has an unavoidable professional conflict on the day scheduled for a hearing in this matter, April 9, 2009. Therefore, the Commonwealth respectfully requests that we select a hearing date that is later in the month of April or beyond and is agreeable tb all of the parties. Thank you for your understanding in this matter. Very truly yours, ay: Assistant Counsel cc William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Melissa Dively, Esq. David Reynolds, Right of Way Administrator, District 8-0 File OFFICE OF CHIEF COUNSEL I REAL PROPERTY PA i7so5-8zzz Deliveries: 40o NORTH STREET- g`"FLOOR (HARRISBURG, PA 17izo-oog6 Ph: 7i7.787.31z8 l Fax: 717.77z.z74i I www.dot.state.pa.us pennsy~vania DEPARTMENT OF TRANSPORTATION Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman February 25, 2009 Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 RE: Eminent Domain Proceeding in REM For Board of View to View Premises No. 07-4079 Civil Term Dear Kelly: (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net We received your letter dated February 18, 2009 and understand your situation. Your request for continuance is granted and the Hearing will be convened after further scheduling at a date that works for all involved. Please provide us with a realistic timetable so that we can accomplish our mission. Thank you for your continued cooperation. Yours truly, DUNCAN 8c HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: Melissa Dively James Sheya Gary Sausser David Reynolds ~~~ ~ ~~ S d COMMONWEALTH OF PENNSYLVANIA GOVERNORS OFFICE OF GENERAL COUNSEL March 2, 2009 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 ~,~,~~ Re: 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 Township of South Middleton, the Township of West Pennsboro and the Borough of Carlisle No. 07-4079. Cumberland County Robert W. and Beth S. Reinhold Dear Chairman Duncan: Thank you for the Board's understanding regarding the Commonwealth's scheduling conflict in this case. I have corresponded with the Commonwealth's appraiser, Mr. Noone, and ascertained his availability. At present, the Commonwealth is available for a hearing on any day between April. 20 and May 12. If the Board or the condemnees prefer a date later than May 12, please advise me of such so that I can coordinate a date with Mr. Noone. Thank you for your understanding in this matter. Very truly yours, By: Edward Solomon tant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Melissa Dively, Esq. David Reynolds, Right of Way Administrator, District 8-0 File OFFICE OF CHIEF COUNSEL I REAL PROPER' Deliveries: 400 PA171o5-8zi~ p~nlnSytvania PA s71zo-oo96 dotstate.pa.us DEPARTMENT OFTRANSPOR7ATfON IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON THE TOWNSHIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4079 EMINENT DOMAIN PROCEEDING IN REM NOTICE OF HEARING TO: Melissa K. Dively, Esq. Saltzman Hughes, P.C. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot RNV Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan 1 Irvine Row 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on May 7, 2009, at 9:30 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. Date: ~ ~ 2009 By: William A. Duncan, Esquire Chairman, Board of View WADrda ~i~ r s ~~.: G r i t L4 ~~~ n ~;~~~ E , . -_ . ,, . ..F '., -,. r(,vvl vl»~~ v ~..,~~ ~ e ~r/ra~~... _ ..~ ~.. 7~~r vif-~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Kelly E. Solomon, Assistant Counsel Right of Way Section Supreme Court l.D. #85714 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 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0081, SECTION 019 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO AND THE BOROUGH OF CARLISLE CIVIL ACTION -- LAW ROBERT W. REINHOLD and BETH S. REINHOLD, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, No. 07-4079 EMINENT DOMAIN 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 (Department), by its attorney, Kelly E. Solomon, Assistant Counsel, Right of Way Section, respectfully represents as follows: 1. The appellant herein is the Commonwealth of Pennsylvania, Department of Transportation (Department), condemnor and defendant. The appellees are Robert W. Reinhold and Beth S. Reinhold, condemnees and plaintiffs. 2. As of the date of the taking, the condemnees were the owners in fee simple title of an improved parcel of land located at the intersection of Allen Road and Walnut Bottom Road, South Middleton Township. 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 January 14, 1988, and recorded January 14, 1988, in deed book 033, page 524. 3. The Department appeals from the report of the board of view filed in the above-captioned matter on or about September 30, 2009. 4. The Department appeals from the total award of damages in the amount of $35,000, as said amount is excessive. 5. The Department demands a jury trial. Respectfully submitted, OFFIC OF CHIEF COONS g Y Kelly Edward Solomon Assistant Counsel Attorney for the Condemnor 2 FIE_f_~ -i~.~ ~~.. !r a;;(~! ''," ~, '~ _.iAPY 2~~7CC~ t~ ~~3~l~ ~f ~, ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0081, SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP: OF WEST PENNSBORO AND THE BOROUGH OF CARLISLE CIVIL ACTION -- LAW ROBERT W. REINHOLD and BETH S. REINHOLD, H/W No. 07-4079 Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS -- IN REM CERTIFICATE OF SERVICE I certify that I served the attached Condemnor's Appeal from Award 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: Melissa Dively, Esq. Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 Respectfully submitted, OFFIC CHIEF COU By: elly Edward Solomon Assistant Counsel Dated: October 13, 2009 .ti , , - ._. ~,'~.~~~-u , f 2~~R ^~~~ i ~ i;; ~ i ! ' 2 Uri JV IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTION O l 9 A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON, THE TOWNSHIP OF WEST PENNSBORO, AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION THE BOROUGH OF CARLISLE : N0.07-4079 ROBERT W. REINHOLD AND BETH S. REINHOLD, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Defendant EMINENT DOMAIN PROCEEDING IN REM PLAINTIFFS'/CONDEMNEES' APPEAL FROM AWARD OF BOARD OF VIEW AND NOW COME Plaintiffs/condemnees Robert W. Reinhold and Beth S. Reinhold, through their undersigned counsel and represents as follows: 1. The Appellants herein aze Robert W. Reinhold and Beth S. Reinhold, condemnees and plaintiffs. 2. As of the date of the taking, the plaintiffs/condemnees were the owners in fee simple title of an improved pazcel of land located at the intersection of Allen Road and Walnut Bottom Road, South Middleton Township. 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 January 14, 1988, and recorded January 14, 1988, in deed book 033, page 524. 3. Plaintiffs/condemnees appeal from the report of the board of view filed in the above-captioned matter on or about September 30, 2009. 4. condemnees appeal from the total award of damages in the amount of $35,000, as said amount is too low. 5. Condemnees demand a jury trial. Respectfully submitted, SALMANN HUGHES, P.C. G. Bryan Salzmann, squire Attorney ID No. 61935 Melissa K. Dively, Esquire Attorney ID. No. 36780 79 St. Paul Drive Chambersburg, PA 17201 Telephone: (717) 263-2121 Facsimile: (717) 263-0663 Attorneys for Candemenees, Robert W. & Beth S. Reinhold CERTIFICATE OF SERVICE I, Melissa K. Dively, do hereby certify that on the ~l`~`~`' day of ~%~, 2009, I did serve a true copy of the foregoing Appeal From Award of Boazd of View at the address indicated below: Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Service by: Personal service. ~~ervice by First Class United States Mail, postage prepaid, mailed at Chambersburg, PA, addressed as indicated above. Overnight delivery (Airborne Express/Federal Express) Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County. Facsimile service. Certified/Registered Mail. Respectfully submitted, SALZMANN HUGHES, PC ,,.,_ 'may, ~('{..f~ F~nfl`~ \~f`~~Y 2%Q9 ~v~ 22 Pi°~ ~~ _"~ ~,: L.,,, _ ~, _ -, r { X -2r IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0081, SECTON 019 A LI IITED ACCESS HIGHWAY IN THE TOWNSHIP OF SOUTH MIDDLETON THE TOWNHSIP OF WEST PENNSBORO, AND THE BOROUGH OF CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2007 - 4079 EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT The Prothonotary is hereby directed to distribute the sum of $3,648.82 to Teresa E. Garman Casto who resides at 8110 Fox Hunt Circle, Glen Burnie, Maryland 21061 together with any interest accrued theron. ..a BY THE COURT: C` -n rn ?v CD -a r CD C'? rn r OM x? CD c3n ? L.' ski FRLEO•CFFiC'- ' P2C i F'O40A R h011 FEB 22 PSI 2* C CUMBERLAND COU 3_' .`, 0 rNNs ( E?°,?x IN ?r', ru Q? Ln .a ru O LW W, w O O O m Ln l a m O 3 cD O T (D (A 5 (D m N i ,p O7 00 3>'n C.\elan? - fl, Z C--) 03 c+ O VA 3 o ell- 9,z 0 m f O m m n m m N 0 IT\ V-SA M i o O r 3 r N D 0 m Ln cn 0 Z C 14 m x- W OD V ?F K- LEI I cn r N OD o 01 w o a w (D w N RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 2/22/2011 Carlisle, Pa 17013 Receipt Time 15:05:12 Receipt No. 255543 PENNSYLVAIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P 0 BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) SOUTH MIDDLETOWN TWP ET AL Case Number 2007-04079 Received of INTEREST TO CLOSE CASE Total Non-Cash..... + .00 Total Cash......... + 1.10 Change ............. - .00 Receipt total...... _ $1.10 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount INTEREST 1.10 17003708 - 10-9999 $1.10 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 2/22/2011 Carlisle, Pa 17013 Receipt Time 15:09:20 Receipt No. 255545 PENNSYLVANIA COMMONWEALTH OF (VS) SOUTH MIDDLETOWN TWP ET AL Case Number 2007-04079 Receipt total. = .00 TRNS ESC OUT ------------------------ Distribution Of Payment Transaction Description Payment Amount BOND 3,648.82- INTEREST 201.79- INTEREST 1.10- REFUND 3,851.71 IN RE: CO EMNATION BY THE : IN THE COURT OF COMMON PLEAS COMMONWE ALTH OF PENNSYLVANIA, : OF CUMBERLAND COUNTY DEPARTMEN T OF TRANSPORTATION, OF , : PENNSYLVANIA THE RIGHT- OF-WAY FOR STATE ROUTE 00819 ECTION 019 A NO. 07-4079 LIMITED AC ESS HIGHWAY IN THE . TOWNSHIP F SOUTH MIDDLETON, EMINENT DOMAIN PROCEEDING THE TOWNS P OF WEST PENNSBORO, AND IN REM THE BOROU H OF CARLISLE c n -n r°rn r rnr- PRAECIPE TO ENTER APPEARANCE uZir i oC1 TO THE PR OTHONOTARY: cn c? o? Dear Prothon otary: MC) ac-3 ? N -C co m Please enter my appearance in the above-captioned condemnation matter specific to Commonwe• th of Pennsylvania, Department of Transportation Claim #210031000 related to Robert W. Reinhold and Beth S. Reinhold. SALZMANN, HUGHES & FISHMAN, P.C. By:1UwjL lillzwalz Susann W. Morrigon, Esquire Supreme Court No. 77041 354 Alexander Spring Road, Ste 1 Carlisle, Pennsylvania 17015 (717) 249-6333 Attorney for Plaintiff Date: July 1, 2011 IN RE: DEPARTMEP THE RIGHT- ROUTE 0081, LIMITED AC TOWNSHIP ( THE TOWNS THE BOROU, MNATION BY THE LTH OF PENNSYLVANIA, OF TRANSPORTATION, OF -WAY FOR STATE :CTION 019 A :SS HIGHWAY IN THE SOUTH MIDDLETON, P OF WEST PENNSBORO, AND [ OF CARLISLE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 07-4079 EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO SATISFY AND DISCONTINUE Reinhold, NOW, this 23`d day of June 2011, Condemnees, Robert W. Reinhold and Beth S. advise the Prothonotary of Cumberland County that the above-captioned condemnati n matter specific to Commonwealth of Pennsylvania, Department of Transportation Claim #210031000 related to Robert W. Reinhold and Beth S. Reinhold has been settled an4 hereby requ st that the matter be marked satisfied and discontinued pursuant to P giMsylynnian-n , rn m C r- Rule of Civil '. Procedure 229. r 1 D ?d -0 o-n o or' = c A Susann B. orris n, Esquire tv -4c co - Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff ?^ vJ 7-1 ° : rn