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HomeMy WebLinkAbout07-5347 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON NO. b'~ - 53U? C iv i~ '~~er-w• EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of 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 Apri119, 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 Pazcel 22 easements to South Middleton Township Municipal Authority, as evidenced by two (2) sepazate deeds, each dated September 19, 1994, and recorded sepazately in Deed Book 483 at pages 1040 and 1045 on October 12, 1994, and on Pazcel 25 an easement to South Middleton Township Municipal Authority, as evidenced by a deed dated June 10, 1994, and recorded in Deed Book 547 at page 646 on May 15, 1997; also condemned aze slope easements and temporary construction easements. 9. In the event there aze recoverable minerals (including gas and oil) within the azeas, if any, hereby condemned in fee sit<iple, the mineral rights (including rights to gas and oil) in those areas aze hereby excepted and reserved from this condemnation, provided, however, that the right of support of the azeas condemned is included within the scope of this condemnation, and no access from the surface of such azeas 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, sweaz 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 aze true and correct to the best of my knowledge, information, and belief, and aze 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 Pazcels 22 and 25 easements to the South Middleton Township Municipal Authority, also slope easements, and temporary construction easements aze hereby condemned from the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in pazagraph 7 above. Gary C. Fa er, 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON DECLARATION OF TAKING Christopher J. Clements Assistant Counsel in Chazge, 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 Page 1 of 3 COMMONWEALTH OF PENNSYLVANIA RW-43'7 (9106) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declazation of Taking) ROW OFFICE FROJ. NO. 080198 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPAL.II'1' 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 rt Attached Exhibit Number (if an ~*Type of Descri tion Plan (if any) Recorded in 25 2100318000 PT H. Kenneth Myhre and R Cumberland Maureen H. Myhre, h/w County Recorder of Mailing Address: Deeds - 1100 Ocean Drive, #206 Cabinet 3 Avalon, NJ 08202-2466 Drawer 1 Page 180 Location of Property: Sheet 91 Deed Book 268, Page 1504 Page 2 of 3 COMMONWEALTH OF P~:NNSYLVANIA 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 M~~~'~'~ South Middleton Township TYPE OF TAKE TYPE OF DESCRII~TION 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 Iaterest of Condemnees, Mailing Address, and Location of Condemned Pro rt Attached Exhibit Number if an ~Type of Descri lion Plan (if any) Recorded in 114 2100378000 PT McCoy Interstate Park, R Cumberland a Pennsylvania General Partnership County Recorder of Mailing Address: Deeds - Donald A. Group -Partner Cabinet 3 E. Lee Ritter -Partner Drawer 1 Robert C. Craumer -Partner Page 180 William C. McCoy -Partner Sheets 92 and 217 Pine Road 94 P. O. Box D Mt. Holly Springs, PA 17065-1812 MMH Associates, a Pennsylvania General Partnership - Partner Mailing Address: Sherill T. Moyer -Partner John P. Manbeck -Partner Jack F. Hurley, Jr. -Partner 513 Bridgeview Drive Lemoyne, PA 17043-1380 Mailing Address: McCoy Development Inc. -Partner William C. McCoy -President 1514 Commerce Avenue Carlisle, PA 17015-9161 Location of Property: Deed Book 35-T, Page 1027 Deed Book 34-Z, Page 35 Deed Book 33-V, Page 747 Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. OgOlgg ~~ cumbd9ana S.R -SECTION 0081-019 MUNIC1PALrI'Y Dicki~on Towmaltip and So Middleton Townslu 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 Attached Ezhibit Number if an "Type of Descri on Plan (if any) Recorded in 22 2100316000 PT Allen Distribution, R Cumberland a Pennsylvania Limited Partnership County Recorder of Mailing Address: Deeds - ' ~ HSH Management, Inc., General Partner Cabinet 3 Gary C. Heishman, President Drawer 1 P. O. Box 62 Page 180 Plainfield, PA 17081-0062 Sheet 89 Location of Property: Deed Book 33J, Page 880 Deed Book 33J, Page 874 Deed Book 187, Page 216 78 2100363000 PT Liberty Property Limited Partnership, R Cumberland a Pennsylvania Limited Partnership County Recorder of Mailing Address: Deeds - Liberty Property Trust, General Partner Cabinet 3 George F. Congdon, Treasurer Drawer 1 Great Valley Corporate Center Page 180 65 Valley Stream Parkway, Suite 100 Sheet 122 Malvern, PA 19355-1427 Location of Property: Deed Book 266, Page 4809 C:) ^~ r. _- ~, _ .m ~., cn ~ i --- - ) y..~ _ + ~~ ` ~ < ' 3~ _ ~ ~ ~-~: O ` `^_~ ' ~ (~ T~ ~ "'^~ t+si ~. 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON NO. 0'j• 53`17 Ciu~ ~ 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, OfFiice of Chief Counsel, Department of Transportation, P. O. Box 8212, Harrisburg PA 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-captioned proceedings. Christopher J. ~el~ients Assistant Counsel in Charge, Dated: $. ~ f • p do b x ~ o ~, ~ o b~ ~ ~ ~~o~ ~~, ~, b~~ ~~ ~~k~ ~~ ~ ~ b o ~, ~n N V N ~ ~ ~. a~ ~o ~~~' ~~z ~~~~~ °~ ~o~ o~y ~ o xn~~o z o ~~~ ~ ~°~- ~ o~ C~~~ ~~~0 H ~ ~ ~ Z Z ~„~ C ~~~ o~ z~ C`~ c::' ~; ~~ ~- Y. ~_-_:. O ---t r~~ t-r; -rt ~ ;i ~ . -~ ~"+~', ~ ~ t'0"i ..~ I~1 ~~ 0 00 0 . ~ O z c~ ~n RW-432M (7/07) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMON- WEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0081 SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON N0.07-5347 EMINENT DOMAIN PROCEEDINGS CIVIL TERM, 2007 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 September 7, 2007 was recorded in the office of the Recorder of Deeds of the above county in Instrument Number 2007734901. The condemnation book and page number, file number, or microfilm number of any plot plan filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned, which is attached hereto. Commonwealth of Pennsylvania Departrnent of Transportation sy: 8 DISTRICT RIGHT AY MIMSTRATOR ENGINEERING DISTRICT 8-0 .~. ~ ~: 1 r 1 1' I.~~L J./ 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 3 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 Ezhibit Number if an *`Type of 1Jescri tion Plan (if any) Recorded in 25 2100318000 PT H. Kenneth Myhre and Maureen H. R Cumberland Myhre, h/w County Recorder of Mailing Address: Deeds - 1100 Ocean Drive, #206 Cabinet 3, Avalon, NJ 08202-2466 Drawer 1, Page 180 Location of Property: Sheet 91 Deed Book 268 Page 1504 ~~~~~~~ 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 Page 2 of 3 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 114 2100378000 PT McCoy Interstate Park, a Pennsylvania R Cumberland General Partnership County Recorder of Mailing Address: Deeds - Donald A. Group -Partner Cabinet 3, E. Lee Ritter -Partner Drawer 1, Robert C. Craumer -Partner Page 180 William C. McCoy -Partner Sheet 92 & 94 217 Pine Road PO Box D Mt. Holly Springs, PA 17065-1812 MMH Associates, a Pennsylvania General Partnership -Partner Mailing Address: Sherill T. Moyer -Partner John P. Manbeck -Partner Jack F. Hurley, Jr. -Partner 513 Bridgeview Drive Lemoyne, PA 17043-1380 Mailing Address: McCoy Development Inc. -Partner William C. McCoy -President 1514 Commerce Avenue Carlisle, PA 17015-9161 Location of Property: Deed Book 35-T Page 1027 Deed Book 34-Z Page 35 Deed Book 33-V Page 747 L`~ Co YYIP~-~~fi~~ 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 Dickinson Township & South Middleton Townshi Page 3 of 3 TYPE OF TAKE TYPE OF DESCRIPTIOr PT- Partial Take D- Deed Description TT- Total Take P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Parcel No. Claim Number 'Type of Take Name, Property Interest of Condemnees, Mailing Address, and Location of Condemned Pro a Attached Exhibit Number if an *~Type of Descri Non Plan (if any) Recorded in 22 2100316000 PT Allen Distribution, a Pennsylvania R Cumberland limited partnership County Recorder of Mailing Address: Deeds - HSH Management, Inc., General Partner Cabinet 3, Gary C. Heishman, President Drawer 1, P.O. Box 62 Page 180 Plainfield, Pa 17081-0062 Sheet 89 Location of Property: Deed Book 33J Page 880 Deed Book 33J Page 874 Deed Book 187 Page 216 78 2100363000 PT Liberty Property Limited Partnership, a R Cumberland Pennsylvania Limited Partnership County Recorder of Mailing Address: Deeds - Liberty Property Trust, General Partner Cabinet 3, George F. Congdon, Treasurer Drawer 1, Great Valley Corporate Center Page 180 65 Valley Stream Parkway, Suite 100 Sheet 122 Malvern, PA 19355-1427 Location of Property: Deed Book 266 Page 4809 -= ,.., ~-- ...- ~'~' -ta '~-~ ~ 3 ~ C tv N f .~ RW-432 (7/07) 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON : N0.07-5347 CNIL 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 September 24, 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. ot./ District Right-of-W Administrator Sworn to and subscri before me Nota blic OMMONWEALTH OF PENNSYLVANIA Notarial Seal My Commission Expires: ~'^~ ~• N0~'ry Public Camp HiU Boro, Cumberland County My Commission E~ires April 7, 2011 Member, Pennsylvania Association of Notaries Attachments: RW-437, Schedule of Property Condemned RW-432ML, Schedule of Mortgagees and Lienholders w 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 MUNICIPALrTY South Middleton Township "TYPE OF TAKE PT- Partial Take TT- Total Take Page 1 of 3 ~• 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 25 2100318000 PT H. Kenneth Myhre and R Cumberland Maureen H. Myhre, h/w County Recorder of Mailing Address: Deeds - 1100 Ocean Drive, #206 Cabinet 3 Avalon, NJ 08202-2466 Drawer 1 Page. 180 Location of Property: Sheet 91 Deed Book 268, Page 1504 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 3 • ~• 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 114 2100378000 PT McCoy Interstate Park, R Cumberland a Pennsylvania General Partnership County Recorder of Mailing Address: Deeds - Donald A. Group -Partner Cabinet 3 E. Lee Ritter -Partner Drawer 1 Robert C. Craumer -Partner Page 180 William C. McCoy -Partner Sheets 92 and 217 Pine Road 94 P. O.BoxD Mt. Holly Springs, PA 17065-1812 MMH Associates, a Pennsylvania General Partnership - Partner Mailing Address: Sherill T. Moyer -Partner John P. Manbeck -Partner Jack F. Hurley, Jr. -Partner 513 Bridgeview Drive Lemoyne, PA 17043-1380 Mailing Address: McCoy Development Inc. -Partner William C. McCoy -President 1514 Commerce Avenue Carlisle, PA 17015-9161 Location of Property: Deed Book 35-T, Page 1027 Deed Book 34-Z, Page 35 Deed Book 33-V, Page 747 .~ RW-437 (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROJ. NO. 080198 COCJNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY Dickinson Township and South Middleton Townshi TYPE OF TAKE PT- Partial Take TT- Total Take Page 3 of 3 ~• 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 a Attached Exhibit Number if an) *`Type of Descri tion Plan (if any) Recorded in 22 2100316000 PT Allen Distribution, R Cumberland a Pennsylvania Limited Partnership County Recorder of Mailing Address: Deeds - HSH Management, Inc., General Partner Cabinet 3 Gary C. Heishman, President Drawer 1 P. O. Box 62 Page 180 Plainfield, PA 17081-0062 Sheet 89 Location of Property: Deed Book 33J, Page 880 Deed Book 33J, Page 874 Deed Book 187, Page 216 78 2100363000 PT Liberty Property Limited Partnership, R Cumberland a Pennsylvania Limited Partnership County Recorder of Mailing Address: Deeds - Liberty Property Trust, General Partner Cabinet 3 George F. Congdon, Treasurer Drawer 1 Great Valley Corporate Center Page 180 65 Valley Stream Parkway, Suite 100 Sheet 122 Malvern, PA 19355-1427 Location of Property: Deed Book 266, Page 4809 RW-432ML (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS ROW OFFICE PROJ. NO. 080198 ROW OFFICE DT NO. 8019803 COUNTY Cumberland S.R. -SECTION 0081-019 MUNICIPALITY Dickinson and South Middleton Townships Page 1 of 1 ~• Parcel No. Claim Number Name and Mailin Address of Mort a ee and/or Leinholder 22 2100316000 The Prudential Insurance Company of America 2200 Ross Avenue Suite 4900E Dallas, TX 75201-7907 C? ~ C) : _. _, _,~, , '. ~-, rii~'' _.~ [_s_ w ~, r r~. ~~~s 4n ~' C'" < -, - f ~ 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100316000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-5347-CIVIL 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, 1 71 05-821 2. 2. On September 7, 2007, the Secretary of Transportation filed a Declaration of Taking on the above captioned case. 3. Although the Commonwealth offered to the condemnee listed on the attached Proposed Schedule of Distribution the full amount of estimated just compensation as payment pro Panto of the condomnee's right of way damage claim, without prejudice to its 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. 5. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the 1 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. ly subm 'l~Ily E. Sol~imon Assistant unse Supreme Court I. . No. 85714 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 (o, d, of ~~ 4~ Z W ~7 ' ~ N `~ ~o ~ ~~ $ ~ ~ ~ ~~ d ~ ~~~ 5~ G g ~ .+ ~ z ~~, ~ -~ ~ w ~ ° ~ ~,~ Wo ,.~ ~~ u~~ ~~ ~ ~ _---- O o ~~ ~ ~ ~ ~ v~ ~~~ ~~a ~~a v w ~ <~ ~ O r a~ u A A ~ $ ~~ ~ ~ ~~ $ ~ © ~' 4 U~" ~~ ~ H ~~' a ~ w ~ ~ y ~ ~~ w ~ a ~ ~~ ~~ ~~a a `o ~~; r~p.x ~ v sb ~ tom, P+ ~ '~ U A x ~ O, '~ ~ ~aa N ~~~ a ~" ,., r ~~~ a"~~~~ ~~ a v O+ :~ o. '~ 1~ CERTIFIED MAIL COUNTY: Cumberland S.R. 0081, SECTION 019 CLAIM NO. 2100316000 COURT DOCKET NO. 07-5347-CIVIL SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 The Prudential Insurance Company of America 2200 Ross Avenue Suite 4900E Dallas, TX 75201 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1293 9082 Received on November 15, 2007 Certified Mail Number 7003 1680 0005 1293 9075 Received on November 16, 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 TOWNSHIPS OF DICKINSON AN SOUTH MIDDLETON CLAiM NO. 2100316000 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS : IN REM NO. 07-5347-CIVIL 1, 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 4909, relating to unsworn 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 Intereal'ed Parties Notified. Kefly E. S omo , Esqu re Supreme ou .D. 85714 Commonwea of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 N Ci ~» -J ~'J..• ~ f I..., ,u:-. .ey _.. ~`' ~' i fi. _ ~~ ~~ ^•i ._.: N iT -'K 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100363000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS IN REM N0.07-5347-CIVIL 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 September 7, 2007, the Secretary of Transportation filed a Declaration of Taking in the above-captioned case. 3. Although the Commonwealth offered to the condemnee listed on the attached Proposed Schedule of Distribution its full amount of estimated just compensation as payment pro tanto of the condemnee's right of way damage claim, without prejudice to its 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. 5. 1, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the 1 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 unsworn 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. submitted, ~c~tly E. Solon ~ Assistant C nsel Supreme Court I.D. No. 85714 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 O W H W ~z °o 3 WO zv ~ ~ ~ o ~o ~~ 8 ~z iA r eat q0 " W ~' ° ~ ~i ~ a z OZ c> ~ a ~ ~ a o' a W J ti O z ~ 0 LL O w0 ~U a E a Iii Q W WW O~ ~ Q W W ~ „ vi c a ~ ° A ~ '~ ~ a ~ v C ~ ~ V Z ~ A W O ~'o ~°~ F°. .~i a O a ° ai ~ z v ,;; .; ~ ~' F '3 a aW ~~ w "' ~,~ ~ ~ W v ~ p. b D O W ~ ~ ~ y ~ , MMW ~j .~ v ~ N ~ 7 G Z OC :a ~ ;~ E~ ~ ° Fi' v' ~ :a y ~oG ~ ~ ~ a ~ ~v ~ o a'!zz o'ti~ ~ o `~U a~'iv~J Q ,a a ,~ NvO W F a~a y-S aacL;'~ a,cw ~ ~ d>=O 8 0 a o opq .r ,~, z.aaa Q..ac7c7c~7.ocn~ aA ~n CERTIFIED MAIL COUNTY: Cumberland S.R. 0081, SECTION 019 CLAIM NO. 2100363000 COURT DOCKET NO. 07-5347-CIVIL SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Liberty Property Limited Partnership Liberty Property Trust, General Partner George F. Congdon, Treasurer Great Valley Corporate Center Certified Mail Number 7003 1680 0005 1293 9204 500 Chesterfield Parkway Malvern, PA 19355 Received on November 26, 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 TOWNSHIPS OF DICKINSON AN SOUTH MIDDLETON CLAIM NO. 2100363000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :EMINENT DOMAIN PROCEEDINGS IN REM N0.07-5347-CIVIL 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 1 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 4909, 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 Schedute of I sub E. Sol~rr on, Esquire preme Court I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Notified. r*a Q -~ tbs. i"Ci C ~ ~ G'7 { - -~ ~ ~ • ~ _ ~~ ~.,.. ~~ 3 °'~ ~S.' .G~ ., ._ 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100363000 AND NOW, this 3~ ~ day of 2(-0_, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ~C-RDERED and DIREGTED that the sum of $153,500.72, representing the amou7t of just compensation estimated by the Commonwealth of Pennsylvania, DeFr~rtment of Transportation and the Commonwealth's pro-rata share of real estate ta;cfws due the condemnee and/or interested parties on the subject property shown on ~:t'ie attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. 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 andlor 522 of the Eminent Domain Coda of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. ~~.~ ~, ~ 2~~~~ IN THE COURT OF COMMON FLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEi~INGS IN REM : NO. 07-5347-CIVIL ORDER ~at,.....fr/` av -rum ~ni -Q-r• ~ l cS ~' ~` ~ tel. ~ ~.y~a~'1'~~. E..d : t1 ~~ i ~ 33Q ~,p~1Z GC`1%)a~t` i ~3l ~ ~ 1.~1d~. ~;~E.~. C.~ U w c DEC 192007nY 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM CLAIM NO. 2100316000 NO.07-5347-CIVIL ORDER ~~= AND NOW, this 3r day of 2007, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $79,554.30, 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 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 shalt 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 andlor 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 ,.~.,-~, ~~~~ of ,~ ~°S ~ ,,~~t~14 i i~ ~`~,~fi~ ~~ ~~~~ ~Q~f -t -~- Q~}~, # L a7oa91S'~ oEC is2oo~rv x~ 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100316000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAW PROCEEDINGS IN REM NO.07-5347-CIVIL ~~ ORDER AND NOW, this ?°' day of 2007, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $79,554.30, 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 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 andlor 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~ ~ ~ r ::. Fft1l~L} n'Z?~I~MCNT ~I't?, :. I=iGH7'"Cd,'~'1WRl~tit','rWi0.~'!:'yRMAGiI':S „., „ ;? '~ f ` 000096 60~T597 00000 048 112707 01058730 77A603 ~ a~a Z4. f~j'~j~/~Q CDG FUND DEPT PREP DATE VOUCHER WARRANT ID ~ i CHECK NUMBER `.: 'SOVEREIGN BANK ~ PHILADELPHIA PA i~ , Co is/oal2oo7 ~ VERIFICATION AVAILA BLE - "POSITIVE PAY" PROTECTED pj~ DATE ONLY 3O TO THE ORDER OF v n ALLEN DISTRIBUTION n "- OR PROTH OF COMB CNTY a. C!O K SOLOMON ESO OCC PENNDOT ,, ~ PO BOX 8212 ~ ~ HARRISBURG PA 17105-8212 " ~ 1...III..~I~~~iili~~~~l~l~l~~l~~~l~l~~~il~~l~l~~~ll~~l~lil~~~l VOID AFTER 180 DAYS $ *********7955430 • TREASUR OF PENNSYLVANIA 11'004 L486Ru' ~:031375979~: ~ 20 1 7 2 5 2 4011' .. .. c- RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 PENNSYLVANIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P O BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) Case Number 2007-05347 Received of DEPOSITED INTO COMMERCERE 01-04-08 #627029184 Total Non-Cash..... + 79,554.30 Check# Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $79,554.30 Receipt Date 1/07/2008 Receipt Time 11:44:41 Receipt No. 202754 2400414869 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 79,554.30_ COMMONWEALTH OF PA $79,554.30 ..~.-: 0.CC~ . ~k. 1x.270.29176 DEC 8820D7p.~' / ~ ,~~ 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM N0.2100363000 {N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM N0.07-5347-CIVIL ~' ORDER AND NOW, this 3~ ~ day of ~ 200_, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $153,500.72, 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. 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 200fi, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. ,.. ~a ~ f BY THE COURT: ._ .. xf -,,, .,^,. ~,. ~. 00000 .~ ~ ~ `KI 008 112107 Q1055930 ~ ~ ~'° xyk~"~~"y'~~1~~"~" CDC 778818 ;: FUND DEPT PREP DATE VOUCHER ~ +,~tA3 ,~~ ~ ~ . M~4LON SANK wARRANr iD ;„° a { ~r x 3 ,~ '~ ~ ~~ a ~ ~ ~~~ isr4 I1F~S~URCE'I '' ~ 'fin CHECkd'NUMB~FI t: 1/~F2IPICAT101VAVAI{.ABLE "POSITIVE PAY PROTECTED , , ~ , ~ ' `, ~` i::. I: ~ ~ : RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 PENNSYLVANIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P O BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) Case Number 2007-05347 Received of SEG ACCT DEPOSIT #627029176 07-5347 PAYEE #3928 Total Non-Cash..... + 153,500.72 Check# Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $153,500.72 Receipt Date 1/07/2008 Receipt Time 13:31:31 Receipt No. 202765 2309433101 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 153,500.72 COMM OF PA - DEPT OF TRANS $153,500.72 J F:\FILES\Clients\12315 Allen\12315.10 Condemmation\12315.IO.petition 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 TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100316000 IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA EMINENT DOMAIN PROCEEDINGS IN REM NO.07-5347 CIVIL JUDGE KEVIN A. HESS PETITION TO RELEASE FUNDS HELD BY PROTHONOTARY TO THE HONORABLE JUDGE OF SAID COURT: Petitioner, Allen Distribution, by its attorneys, Martson Deardorff Williams Otto Gilroy & Faller, requests that this Court order the release of the payment deposited by PennDOT (as defined below) with the Prothonotary in the above-captioned matter and in support thereof avers as follows: 1. On or about September 7, 2007, Pennsylvania Department of Transportation ("PennDOT") filed a Declaration of Taking which affected Respondent's property identified by Claim No. 2100316000. 2. PennDOT condemned said property as set forth on the attached Proposed Schedule of Distribution. 3. On or about December 18, 2007, PennDOT filed a Petition to Deposit Estimated Just Compensation with this Court. 4. On or about January 3, 2008 (incorrectly listed as 2007), this Court signed an Order, which granted said Petition to deposit the sum of $79,554.30 with the Prothonotary in an interest bearing account, if available. 5. Thereafter, PennDOT deposited $79,554.30 under Section 522 of the Eminent Domain Code and under Section 307 of the Eminent Domain Code with the Prothonotary. 6. As further stated in the Order, no fee was to be charged against these funds. 7. This Court further ordered that the sum could not be released until further Court Order. 8. Pursuant to the Court Order and as permitted under the Eminent Domain Code, Petitioner now requests that the full payment be released to Petitioner pursuant to Section 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S. §§307, 521 and/or 522, as applicable. 9. Under Section 522(b), this Court "upon petition of any party in interest shall distribute the funds paid under [this section] ... to the persons entitled thereto in accordance with the procedure in Section 521(b). 10. Petitioner is a party in interest and entitled to the sums deposited into this Court by PennDOT. 11. There are no liens that shall be paid in advance of Petitioner's claim and all existing lien(s) have been released. 12. Kelly E. Solomon, attorney for PennDOT, stated that PennDOT would not take a position as to this Petition as its legal obligation was fulfilled under the Eminent Domain Code. WHEREFORE, Petitioner requests that this Court grant its request to release any sums of money held by the Prothonotary to Petitioner and/or its attorneys. MARTSON LAW OFFICES By~ S ,~~ Hubert X. Gilroy, Esquire I.D. No. 29943 Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: ,1.-jj~~}~9 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Release of Funds was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kelly E. Solomon, Esquire Assistant Counsel Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 MARTSON LAW OFFICES By / ~ , M .Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3~~~ r~ p ~ ~ ~ C ~F r div T ~. n r .3 ~..- .. 'T~ ~.`:.. ~~.i ~ .....j ..~' ~. a-«- . . "" ,.. r L~ I~AR 12 2008 "` w IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF COMMONWEALTH OF :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0081, SECTION 019, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIPS OF DICKINSON AND SOUTH MIDDLETON EMINENT DOMAIN PROCEEDINGS IN REM NO.07-5347 CIVII, CLAIM NO. 2100316000 JUDGE KEVIN A. HESS ORDER OF COURT AND NOW, this / y ` day of a.c~, , 2008, upon presentation of the Petition to Release Funds Held by the Prothonotary, it is ORDERED AND DIRECTED that the sum of $79,554.30 plus interest, if any, be released to Petitioner and/or its attorneys. Distribution: Hubert X. Gilroy, Esquire Christopher E: Rice, Esquire Martson Law Offices Attorneys for Respondents Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Attorney for Petitioner By the Court, j ~r . : ~r4 G { f ~~~ ~' ~ -~.~~( 11 lJ..~ ~~ ~ ~al ~~ ~ 12ldb~ ~~OZ h~'dl~~'~~:r-i.i.~.~ ~~l't ~0 12565503202008 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 3/2/2008 Distribution Case No Accounting Escrow Amount Tran Date Date Release -------------- 3927 3927 - ------------ 627029184 - ------------------------------------ 07-5347 Check Date: 03/20/2008 ------------------ Check No.:9000023 BOND 2007- 05347 PYMT/CHECK. 79554.30 1/07/2008 INTEREST 2007- 05347 PYMT/CASH 213.54 2/07/2008 INTEREST 2007- 05347 PYMT/CASH 221.21 3/10/2008 INTEREST 2007- 05347 PYMT/CASH 130.04 3/20/2008 --------------- ------- Payee total: 80119.09 ---- --------------------- Grand total: --------------- 80,119.09 ------------------ ~" ~ ~ ! 6d A~JM~ID A1Ta ~~~ ~4~R ~"t ~'.,.r,~.t7. ~e c,y } ~:+{a ~~?~ ~ "~id k„ ~ ~ °`tr a~1.}':M TOATHE ORDER OF . V ,~ 4.~ust$~w,_'r iec .ryaws~aat~ ~;.`Mf~~,, g~w.~~~'~~ ~~~~ ~~Vz~«~te@~,.~,, DOLLIe1Rb' ,• r r, fir;. W ~~ t J / / ~ ~ ~. ~ NON-N ~ GC~TIABLE W Commerce - - ---- -- , - ~zp ~ } Bank 11- 0520 o d~o w z ~; 65 ASHLAND AVE sata4JSt3 11- ~ N w ~~~ ' ~ u `~CAALISLE, PA 17013, ` ,,~~~'~ 7;~(,~ ~ V fL : a ~ W O o°o PAY' ~i'1~'s~tx_~~ini?t` E €~'i~x?~`::~:, ~; ~.L;.' ~,5~ V ~.. m ~ ~ N~a ° TO THE ORDER qF ~ ~ zww v `~ ~ 5 O zm~ - G~'~; ~tt~n~ 3s :, '1'hit`~,Y ~it~~t ~c+~lars ~~V ~ ~~n~; DOLLARS `` f ~ Y _ i W ~ ' _ 4 U m .~ 0 2 ~_ ~ ~ ~ r ~ ~: Z _ ~~~ ~ z w o ~ RE: m ~i' ~ LO 5B 2Q-i' ~:0 3 L 30 ~846~: 5 L 90000 3 8~i' ;i ~- .~ 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 DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100363000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-5347 CIVIL PETITION TO RELEASE FUNDS HELD BY THE PROTHONOTARY To The Honorable Judges of Said Court: The Petition of Liberty Property Limited Partnership, Condemnee ("Petitioner"), pursuant to Section 522 of the Eminent Domain Code, 26 Pa. C.S. §522, respectfully represents that: 1. The Pennsylvania Department of Transportation ("PennDOT") filed a Declaration of Taking in the above matter on September 7, 2007 in the Court of Common Pleas of Cumberland County, at the above court, term and number, whereby PennDOT condemned certain lands, as shown on Right of Way Plans filed in the Cumberland County Recorder of Deeds Office as set forth in Paragraph 4 of PennDOT's Declaration of Taking. 2. Included in the Declaration of Taking was a parcel identified on the Right- of-Way Plans as Parcel #78 ("Parcel 78"), Claim Number 2100363000. 3. Petitioner was the record title owner in fee simple of Parcel 78 on the date of the filing of the Declaration of Taking, pursuant to a Deed dated December 16, 2004, by and between Whirlpool Corporation and Petitioner, which Deed was recorded in the Office of the Recorder of Deeds in and for Cumberland County on December 30, 2004, in Cumberland County Deed Book 266, Page 4809. 4. On December 20, 2007, the Commonwealth of Pennsylvania, Department of Transportation, filed a Petition to Deposit Estimated Just Compensation with this Court, seeking to pay into court the estimated just compensation due the Petitioner and the Commonwealth's pro-rata share of taxes on Parcel 78. 5. Along with said Petition, the Commonwealth delivered to this Court a Proposed Schedule of Distribution and a check in the amount of $153,500.72, the Commonwealth's estimate of Petitioner's just compensation of $152,000.00, plus the Commonwealth's pro-rata share of real estate taxes in the amount of $1,500.72. 6. By Order of this Court dated December 31, 2007, the Court ordered the sum of $153,500.72 to be paid into Courtin an interest-bearing account, if available, and that the funds would be held until further order of Court directing payment to the Petitioner and/or interested parties. 7. Before filing this Petition, Petitioner instructed Commonwealth Land Title Insurance Company to perform a last owner search on Parcel 78, and after receiving and reviewing the results of that search, avers that there are no mortgages, judgments, municipal claims, unpaid taxes or other liens of record against Parcel 78 as of the date of the filing of the Declaration of Taking that are unpaid or unsatisfied, and that Petitioner was the record title owner in fee simple of Parcel 78 on such date. 8. Petitioner avers that the distribution of said just compensation should therefore be made payable to Petitioner in the full amount of $153,500.72, plus any interest that has accrued since the date that amount was paid into court. 9. Kelly E. Solomon, Esquire, attorney for PennDOT, has advised Petitioner that PennDOT will not take a position as to this Petition, as its legal obligation under the Eminent Domain Code has been fulfilled. WHEREFORE, Petitioner requests that the Honorable Court order the Prothonotary to distribute the sum of $153,500.72 previously deposited with it to Liberty Property Limited Partnership, a Pennsylvania limited partnership, without any fee charged against said funds, plus whatever interest has accrued thereon. Respectfully Submitted, Date: ~) 3 0j ~d WIX, WENGER & WEIDNER By: David R. Getz, I. . #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner F:\daw\5251 -LIBERTY PROPERTY TRUST113774 -WHIRLPOOL PROPERTY\Documents\Condemnation for I-81 interchange improvements\Petition to Release Funds.doc 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 DICKINSON AND SOUTH MIDDLETON CLAIM NO. 2100363000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 07-5347 CIVIL CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition to Release Funds Held by the Prothonotary was sent by first class mail, postage prepaid this day to the following: Kelly E. Solomon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Post Office Box 8212 Harrisburg, PA 17105-8212 E~IGER & WEIDDdER Date: ~-I ~~oq .9~ula'A. Cribben; Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner r•,° - T ' - Nv t "ic_ 4f ,,r~r [ { I ' ,.. MAY ~ 4 C008~, 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 DICKINSON AND SOUTH MIDDLETON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM CLAIM NO. 2100363000 ORDER OF COURT AND NOW THIS /Z- day of ~awi , 2009, upon presentation of the Petition to Release Funds Held by the Prothonotary, it is ORDERED AND DIRECTED that the sum of $153,500.72, plus interest, if any, be released to Petitioner and/or its attorney, without any fee charged against said funds. NO. 07-5347 CIVIL BY THE COURT: D'stribution: avid R. Getz, Esquire, Attorney for Petitioner ~elly E. Solomon, Esquire, Attorney for Commonwealth of Pennsylvania S ,~ ~ ~ , ~t ,::. C.7 ~1 _ ' ';:' ~.- .~ =. . ~ <~ ~. N cr? ~ ~ €~, ; .; ~CtS .Yct ~s J '~ cry v _502230514200° Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 5/1/2009 Distribution Case No Accounting Escrow Tran Date Amount Date Release -------------------------------------------------------------------------------- 3960 LIBERTY PROPERTY LIMITED PART Check Date: 05/14/2009 Check No.:9000037 BOND 2007- 05347 PYMT/CHECK 153500.72 1/07/2008 INTEREST 2007- 05347 PYMT/CASH 412.01 2/07/2008 C 4% ~~ INTEREST 2007- 05347 PYMT~ ASH 457.54 0 2008 1 7 % INTEREST 2007- 05347 PYMT%CASH 460.2 6 1 2008 INTEREST 2007- 05347 PYMT/CASH 446.68 7/21/2008 INTEREST 2007- 05347 PYMT/CASH 462.90 8/13/2008 INTEREST 2007- 05347 PYMT/CASH 464.27 9/10/2008 INTEREST 2007- 05347 PYMT/CASH 450.63 10/13/2008 INTEREST 2007- 05347 PYMT/CASH 466.98 11/21/2008 INTEREST 2007- 05347 PYMT/CASH 453.26 12/16/2008 INTEREST 2007- 05347 PYMT/CASH 469.71 1/12/2009 INTEREST 2007- 05347 PYMT/CASH 269.94 2/12/2009 INTEREST 2007- 05347 PYMT/CASH 244.23 3/09/2009 7 % % INTEREST 2007- 05347 PYMT~CASH .93 2 4 2009 5 Payee total: 159978.74 Grand total: 159,978.74 a W~ ~amr»e~nce ~ ~ ~ ~~ ~e z ~-- ~ ., ~ ' `` taar3t~ m a ~ r~r,~~ • ' ' ~ ' i y , go~ `~~ ~ w ~ 3 fi5 }\SHLAND AVE~ , GARLiSLE PA~ 17p13 ~~ ~ ~ ~ " ~ ~ ~' '' ~~ ~ ~ : , . fJ ~ ~ s . ~ ` '~~Q~ ~t t+ ~ OoWo _, ~ _ W ~ m"Q`" ~.i~r~v, ~r~~-rky i.imit~d,Rrntshin~`** ~ ~159:Q~~.74 V ~ _gp U ~ ~ v Tp0 TYRE ORDER OF Q w <~~ Fift;r Nin+~ Thousand Aline Hundred ~~Qn~y Eiaht Da11~rs AND ~?ne ~tunc~r?d DOLLARS ~ ; (,~ ~ o ~ ~ -- - F= W=° N r aww w Fw m RE: ~~' i i0 7 36 iu' ~:0 3 1 30 1846: 5 1 9000 3 8~~' x ~. ,. i .: MAY 0 4 ~OOA~ 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 DICKINSON AND SOUTH MIDDLETON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS I N REM CLAIM NO. 2100363000 NO. 07-5347 CIVIL ORDER OF COURT AND NOW THIS /Zr day of ~ rho , 2009, upon presentation of the Petition to Release Funds Held by the Prothonotary, it is ORDERED AND DIRECTED that the sum of $153,500.72, plus interest, if any, be released to Petitioner and/or its attorney, without any fee charged against said funds. BY THE COURT: ~G~- J. D' tribution: avid R. Getz, Esquire, Attorney for Petitioner /lCelly E. Solomon, Esquire, Attorney for Commonwealth of Pennsylvania 1 11090009292009 Cumberland County Prothonotary ~s Office Pa e 1 PYS405 Manual Release Check Regi ster 9/2/2009 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3960 LIBERTY ------------------------------------ PROPERTY LIMITED PART Check Date: ----------- 09/29/2009 ------------------ Check No.:9000038 INTEREST 2007- 05347 PYMT/CASH 85.43 6/11/2009 INTEREST 2007- 05347 PYMT/CASH .12 7/21/2009 INTEREST 2007- 05347 PYMT/CASH .04 8/21/2009 Payee total: 85.59 Grand total: 85.59