HomeMy WebLinkAbout07-6810,,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0081, SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
(11 NO. 7 l.?l d v t C
?.¢..t yl
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 April 19, 2007. The aforesaid plan was subsequently revised and
reauthorized by signature of the Secretary of Transportation on September 11, 2007,
a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3,
Drawer 1, at page 189 on September 28, 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 45 an easement to UGI Utilities, Inc., as evidenced by
an instrument dated October 15, 2003, and recorded in Miscellaneous Book 709 at
page 4475 on July 15, 2004; and further excepting and reserving on Parcels 45 and 61
easements to the Carlisle Borough Sewer System Authority, as evidenced by
a deed dated September 19, 1990, and recorded in Miscellaneous Book 387
at page 1175 on October 5, 1990; also condemned are a slope easement and
temporary construction easements.
9. In the event there are recoverable minerals (including gas and oil) within
the areas condemned, 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 45
an easement to UGI Utilities, Inc., and on Parcels 45 and 61 easements to
the Carlisle Borough Sewer System Authority, also a slope easement 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.
/"-
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 BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
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 BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
NO. U 7- G 1-10 e,?j
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge, R/W,
Office of Chief Counsel, Department of Transportation, P.O. Box 8212, Harrisburg PA 17105-8212,
as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor
in the above-captioned proceedings.
Christopher J. e1hents V
Assistant Cou el in Charge, R/W
Dated: f/ , , 0 7
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Page 1 of 3
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) 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
Property Attached
Exhibit
Number
(if an)
*Type of
Description
Plan (if any)
Recorded in
20 2100314000 PT York and Middleton NI Industrial, L.P., P Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: deeds-
NIP PEN GP LLC, Cabinet 3,
A Delaware limited liability company, Drawer 1,
General Partner Page 180
Rubin Schron, President Sheet 84
45 Broadway
25d'Floor
New York, NY 10006-3007
Location of Property:
Deed Book 265 Page 1132
21 2100315000 PT US Real Estate Limited Partnership, P Cumberland
a Texas Limited Partnership County
Recorder of
Mailing Address: Deeds -
USAA Real Estate Company Cabinet 3,
General Partner Drawer 1,
T. Patrick Duncan, President & CEO Page 180,
9830 Colonnade Blvd. Sheet 88; and
San Antonio, TX 78230 Cabinet 3,
Drawer 1,
Location of Property: Page 189,
Deed Book 264 Page 4466 Sheets 85A,
86A, and 87A
24 2100317000 PT Allen Distribution, P 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 189
Plainfield, Pa 17081-0062 Sheet 90A
Location of Property:
Deed Book 239 Page 574
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
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
Page 2 of 3
."TYPE OF DESCRIPTION
Deed Description
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
Property Attached
Exhibit
Number
if an
""Type of
Description
Plan (if any)
Recorded in
45 2100338000 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 189
Plainfield, PA 17081-0062 Sheet 112A
Location of Property:
Deed Book 250 Page 2016
61 2100349000 PT Ross Stores Pennsylvania, R Cumberland
A Pennsylvania limited partnership County
Recorder of
Mailing Address: Deeds -
Gary D. Scott, Director Cabinet 3,
Real Estate Administration Drawer 1,
Property Development Division Page 189
Ross Stores Sheet 113A
4440 Rosewood Drive
Mailstop PL4 4E 1
Pleasanton, CA 94588-3050
Location of Property:
Deed Book 196 Page 966
R ?
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080198
COUNTY Cumberland
S.R. - SECTION 0081-019
MUNICIPALITY Dickinson & South
Middleton Townships
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 3 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
Property Attached
Exhibit
Number
if an
`"Type of
Description
Plan (if any)
Recorded in
104 2100372000 PT FR Cumberland Property Holding, LP P Cumberland
a Delaware limited partnership County
Recorder of
Mailing Address: Deeds -
FR Cumberland General Partner, LP Cabinet 3,
General Partner Drawer 1,
c/o First Industrial Realty Trust Page 189
311 South Wacker Drive, Suite 4000 Sheet 129A
Chicago, IL 60606-6678
Mr. Michael Brennan, President
Location of Property:
Deed Book 269 Page 2109
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RW-432M (7/07)
% A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE COMMON- NO. 07-6810 CIVIL TERM, 2007
WEALTH OF PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0081 SECTION 019,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CARLISLE AND
THE TOWNSHIP OF SOUTH MIDDLETON
EMINENT DOMAIN PROCEEDINGS
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 November 9, 2007 was recorded in the office of the Recorder of Deeds of the
above county in Instrument Number 200742416. 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
Department of Transportation
By:
David B. Reynolds
DISTRICT RIGHT-OF-WAY DMINISTRATOR
ENGINEERING DISTRICT 8-0
46. 63 MPc,c,77?
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7107) 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
• s•
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
Property Attached
Exhibit
Number
(if an)
**Type of
Description
Plan (if any)
Recorded in
20 2100314000 PT York and Middleton NI Industrial, L.P., P Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: deeds -
NIP PEN GP LLC, Cabinet 3,
A Delaware limited liability company, Drawer 1,
General Partner Page 180
Rubin Schron, President Sheet 84
45 Broadway
25th Floor
New York, NY 10006-3007
Location of Property:
Deed Book 265 Page 1132
21 2100315000 PT US Real Estate Limited Partnership, P Cumberland
a Texas Limited Partnership County
Recorder of
Mailing Address: Deeds -
USAA Real Estate Company Cabinet 3,
General Partner Drawer 1,
T. Patrick Duncan, President & CEO Page 180,
9830 Colonnade Blvd. Sheet 88; and
San Antonio, TX 78230 Cabinet 3,
Drawer 1,
Location of Property: Page 189,
Deed Book 264 Page 4466 Sheets 85A,
86A, and 87A
24 2100317000 PT Allen Distribution, P 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 189
Plainfield, Pa 17081-0062 Sheet 90A
Location of Property:
Deed Book 239 Page 574
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) 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
Page 2 of 3
;5
-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
Property Attached
Exhibit
Number
if an
**Type of
Description
Plan (if any)
Recorded in
45 2100338000 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 189
Plainfield, PA 17081-0062 Sheet 112A
Location of Property:
Deed Book 250 Page 2016
61 2100349000 PT Ross Stores Pennsylvania, R Cumberland
A Pennsylvania limited partnership County
Recorder of
Mailing Address: Deeds -
Gary D. Scott, Director Cabinet 3,
Real Estate Administration Drawer 1,
Property Development Division Page 189
Ross Stores Sheet 113A
4440 Rosewood Drive
Mailstop PL4 4E1
Pleasanton, CA 94588-3050
Location of Property:
Deed Book 196 Page 966
C4 9 M,&??
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080198
COUNTY Cumberland
S.R. - SECTION 0081-019
MUNICIPALITY Dickinson & South
Middleton Townships
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 3 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
Property Attached
Exhibit
Number
if an
**Type of
Description
Plan (if any)
Recorded in
104 2100372000 PT FR Cumberland Property Holding, LP P Cumberland
a Delaware limited partnership County
Recorder of
Mailing Address: Deeds -
FR Cumberland General Partner, LP Cabinet 3,
General Partner Drawer 1,
c/o First Industrial Realty Trust Page 189
311 South Wacker Drive, Suite 4000 Sheet 129A
Chicago, IL 60606-6678
Mr. Michael Brennan, President
Location of Property:
Deed Book 269 Page 2109
r-?
-r
CD `i ?
RW-032 (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 BOROUGH
OF CARLISLE AND TOWNSHIP OF SOUTH
MIDDLETON
: NO. 07-6810 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 November 15, 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.
LSwoto and subscri d before me
No Public
X64o-d igAh444a2
District Ri f-Way Administrator
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bernard J. Kametz, Notary Public
My Commission Expires: Came Hill Boro, Cumberland County
My Corrrnission Epires April 7, 2011
Member, Pennsylvania Association of Notaries
Attachments: RW-437, Schedule of Property Condemned
RW-432ML, Schedule of Mortgagees and Lienholders
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
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
8
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
Property Attached
Exhibit
Number
if an
"*Type of
Description
Plan (if any)
Recorded in
20 2100314000 PT York and Middleton NI Industrial, L.P., P Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: deeds -
NIP PEN GP LLC, Cabinet 3,
A Delaware limited liability company, Drawer 1,
General Partner Page 180
Rubin Schron, President Sheet 84
45 Broadway
25d' Floor
New York, NY 10006-3007
Location of Property:
Deed Book 265 Page 1132
21 2100315000 PT US Real Estate Limited Partnership, P Cumberland
a Texas Limited Partnership County
Recorder of
Mailing Address: Deeds -
USAA Real Estate Company Cabinet 3,
General Partner Drawer 1,
T. Patrick Duncan, President & CEO Page 180,
9830 Colonnade Blvd. Sheet 88; and
San Antonio, TX 78230 Cabinet 3,
Drawer 1,
Location of Property: Page 189,
Deed Book 264 Page 4466 Sheets 85A,
86A, and 87A
24 2100317000 PT Allen Distribution, P 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 189
Plainfield, Pa 17081-0062 Sheet 90A
Location of Property:
Deed Book 239 Page 574
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
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
Page 2 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
Property Attached
Exhibit
Number
if an
**Type of
Description
Plan (if any)
Recorded in
45 2100338000 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 189
Plainfield, PA 17081-0062 Sheet 112A
Location of Property:
Deed Book 250 Page 2016
61 2100349000 PT Ross Stores Pennsylvania, R Cumberland
A Pennsylvania limited partnership County
Recorder of
Mailing Address: Deeds -
Gary D. Scott, Director Cabinet 3,
Real Estate Administration Drawer 1,
Property Development Division Page 189
Ross Stores Sheet 113A
4440 Rosewood Drive
Mailstop PL4 4E1
Pleasanton, CA 94588-3050
Location of Property:
Deed Book 196 Page 966
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080198
COUNTY Cumberland
S.R. - SECTION 0081-019
MUNICIPALITY Dickinson & South
Middleton Townships
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 3 of 3
' tt ?
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
Property Attached
Exhibit
Number
if an
**Type of
Description
Plan (if any)
Recorded in
104 2100372000 PT FR Cumberland Property Holding, LP P Cumberland
a Delaware limited partnership County
Recorder of
Mailing Address: Deeds-
FR Cumberland General Partner, LP Cabinet 3,
General Partner Drawer 1,
c/o First Industrial Realty Trust Page 189
311 South Wacker Drive, Suite 4000 Sheet 129A
Chicago, IL 60606-6678
Mr. Michael Brennan, President
Location of Property:
Deed Book 269 Page 2109
RW-432ML (7/07) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF MORTGAGEES & LIENHOLDERS
ROW OFFICE PROJ. NO. 080198
ROW OFFICE DT NO. 8019804
COUNTY Cumberland
S.R. - SECTION 0081-019
MUNICIPALITY South Middleton & Dickinson Twps.,
Carlisle Borough
Page 1 of 1
1i
Parcel No. Claim
Number
Name and Mailing Address of Mortgagee and/or Lienholder
20 2100314000 Archon Financial, L.P.
600 East Las Colinas Blvd.
Suite 800
Irving, TX 75039
24 2100316000 Manufacturers and Traders Trust Company
One M & T Plaza
Buffalo, NY 14240
45 2100338000 Farmers and Merchants Trust Company of Chambersburg
20 South Main Street, P. O. Box 6010
Chambersburg, PA 17201-6010
104 2100372000 First Industrial, L.P.
311 Wacker Drive, Suite 4000
Chicago, IL 60606
r-a
c7l
x^r
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. 2100314000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 07-6810-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 November 9, 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. 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).
1
[7
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.
submitted,
Koury E. Solomon J?
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
2
CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0081, SECTION 019
CLAIM NO. 2100314000
COURT DOCKET NO.07-6810-CIVIL
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
Douglas Segal, Esq. Certified Mail Number 7003 1680 0005 1264 0520
SUKENIC, SEGAL, & GRAFF, P.C.
404 Fifth Avenue Received on December 21, 2007
New York, NY 10018
Archon Financial, L.P. Certified Mail Number 7003 1680 0005 1264 0537
600 East Las Colinas Blvd.
Suite 800 Received on December 27, 2007
Irving, TX 75039
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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
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
CLAIM NO. 2100314000
NO. 07-6810-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 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 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 Ochedule of Interested Pities Notified.
F6IIy E. `So[bmon,AEsquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
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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. 2100314000
EM so aooe?,,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 07-6810-CIVIL
ORDER
AND NOW, this Zo day of I? 2008, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $8,412.58, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnee and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if
available. No fee shall be charged against these funds. It is further ORDERED that the
sum shall be held until further Order of Court directing full or partial payment to the
condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or
522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521
and/or 522, as applicable.
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0081,
SECTION 019, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIPS OF
DICKINSON AND SOUTH MIDDLETON
CLAIM NO. 2100314000
Ea I$ aoioe?,.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 07-6810-CIVIL
ORDER
AND NOW, this Za day of Fe- 2008, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $8,412.58, 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:
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office Receipt Date 3/20/2008
Carlisle, Pa 17013 Receipt Time 13:59:22
Receipt No. 206539
PENNSYLVANIA COMMONWEALTH OF
OFFICE CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) CARLISLE BOROUGH OF ET AL
Case Number 2007-06810
Received of COMM. BANK 03-18-08
627120300 PAYEE 3932
Total Non-Cash..... + .00
Total Cash......... + 8,142.58
Change ............. - .00
Receipt total...... _ $8,142.58
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
INTEREST 8,142.58 COMMONWEALTH OF PA
$8,142.58
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