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HomeMy WebLinkAbout03-6392 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - W9~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Article IV, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. L. 84,26 P. S. 1-402, as amended, respectfully represents that: I. 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 September 4, 2003, titled "Drawings Authorizing Acquisition of Right-of-Way for State Route 0533, Section 002 R!W in Cumberland County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer I at page 147 on September 12, 2003. 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, ifnot shown thereon, on the day ofthe filing ofthis 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. 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 III this matter IS secured by the Commonwealth's power of taxation. 11. I, Dean A. Schreiber, P.E., Director, Bureau of Design, 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. 94904, relating to false swearing to authorities. WHEREFORE, fee simple title is hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. ./:!"J Gary C. Ever, P.E. Chief, ilities and Right of Way Section RW437 (10/99) REMIS Proj. No. County Fed. Proj. No. Municipality Route-Sec. Parcel No. 2 Claim Number 21001730000 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Page I ~n~ o SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) 'TYPE OF DESCRIPTION D- Deed Description p. Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office 080130 Cumberland 100% Stale Newville Borough 0533.002 Name, Mailing Address, Property Interest of Condemnees, and Location of Condemned Property ROBERT F. OVER 137 Big Spring Avenue NewviIle,PA 17241 Owner Localion of Property: 16 Cedar Streel Newville, PA 17241 Deed Book C 32, page 124 Attached Exhibit Number (if any) 'Type of Description R Plan (if any) Recorded in Cumberland County Recorder of Deeds Cabinet 3, Drawer I Page 147 Sheet 5 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 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE DECLARATION OF TAKING Christopher J. Clements Assistant Counsel in-Charge, R!W Supreme Court ID No. 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 PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, OF THE RlGHT- OF-WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE 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. nts I Ill-Charge, R/W Dated: r' ~/ 03, - f:= 8~ <:I)> <....l ::J>- Po< <:I) 6ffi ~ Po<. 0>- u~ 80 E-<U ~~ u~ ~~ ~~ U tn " ?: z :~-:J~ , )~,.. ~'; :4: '.'I~_J ~ >-- > (,!"") Z i-7 :.",L1J ~"(! 0... > :3 o ('j e'l r. L ~-; ':"2 '_J d Z \- "'-, ~) "'-L ,"'-- IS ~ ~ ~ ~ -~ J " .<:> c" .~ ~ ~~ "-'., VJ q: ~ gj~B~ ::J E-<><E-<N'd >-;;:;t:~g> 0::1<:1)""'<:1) ::;: Z~~~~~ @~~~E-<~ <Po<~>-UO ~8E-<~~G ~~88f3i5 Z<E-< o~ 8g:1ii~g~ "Z~;:;;:ogj gjo~~~E-< ~~Po<O ~ O~ uO t'<... ~ ~ '" "* C"-/ ~ I ~ Po< ~ ~ ~ ~ ~ o E-< ~ ~ U ~ Po< o '" ~ Po< I .:g ~ 8 .9 :> .. ;>\t:: '" 0 ~ @< Po< 8 '- .... oE-< ..<::'- .::: 0 oj - " <= :;: " g ~ @ g- oo U ::S ~I '0' ..!l ~ '" ~ "'00 O?'" V'l ~ - 0,,", ~ ....... I s::= r---.~ ::S('l-r- o ~ oj U '" '..,;:- ~ooca_(") .~ ~ 1: t::, ~ ..<:: 0 :>,~_ ~ ~ ~ ~n,: 00 "'15" B p..; ~ (~(;_ ~ ~~. (5 g:>lt :"~) ~.~ ~ ~~. ::r::::;! C) '-,.\', 'J :" > (.0 "", ~'..) "\.) (J; .i';_ ~ ~},_l '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RlGHT- OF-WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE NO. TERM, 20 03-4-J",,).. 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 J)~6u r, hJdj , was recorded in the office of the Recorder of Deeds of the above county in 8oo,l 0) 0 V , Page(s) d- 'T?'1 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 2:~ BY ~ District Ri t of Way Administrator Engineering District No. 8-0 (') a (') c:: c"" ""7, ~ 0 ..., ""OU~;' ; ";"} !;PI', C') ~~,:i f~~~J "]1 21:' ;~:2~} co." a ;::$( ) L --- ~ ~14.; e- >4_-'n ,z:( -!~ )0 to":', >c"; ~ ~rn ~i :Jl b. ~rJ ..< C...J -< RW432 (03/99) 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 00533, SECTION 002 IN THE BOROUGH OF NEWVILLE NO. 03-6392 TERM, EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and that on or before January 7, 2004, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made part hereof. Sworn to and subscribed before me ~~~~JZ-~ Notary Public My Commission Expires: GEORGE 0 NOTARIAL SEAL -'- S . ACHENBACH 1/ Nota I Usquehanna Twp De 'hin ry PubliCI ."!t.9ommission Expires ~y ~~, ." ! . eVlJ'+. I RW437 (10/99) COMMONWEALTH OF PENNSYlL VANIA DEPARTMENT OF TRANSPORTATION page I of I SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) TYPE OF DESCRIPTION D. Deed Description p. Plan lodged for recording with Notice of Condemnation R - Plan now recorded in Recorder's Office ~ 080130 Cumberland 100% STATE Newville Borou h 00533.002 Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (if anv) Descriotion Recorded in 2 21001730000 ROBERTF.OVER R Cumberland County Recorder of Deeds Mailing Address: Cabinet 3, Drawer I Page 147 137 Big Spring Avenue Newville,PA 17241 Location of property: 16 Cedar Street Newville, PAl 724 I () r;; -:".,.. ....nc, rni; --;, " 1:, :'~r ;:;.. c;~ ~~ """ '? '~ (- ,.'- ::; ~ ~~ -< '"" co C::J ... '- :?::. - I co -;0:" :"1:: - r:--? (...'1 o () -n _I :C.i"' I~:~;l~; :~lCJ (~~~ " -.! .- -< RW443 (09/99) IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 00533, SECTION 002 IN THE BOROUGH OF NEWVILLE NO. 03-6392 TERM, EMINENT DOMAIN PROCEEDING IN REM AFFIDAVIT OF SERVICE OF NOTICE OF FILING OF DECLARATION OF TAKING COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN Michael E. Foutz, being duly sworn according to law, deposes and says that 1. He is an employee of Department of Transportation, Commonwealth of Pennsylvania, and that 2. On December 10, 2003, Notice of the Filing of the Declaration of Taking in the above matter was mailed by certified mail, in compliance with Article N, Section 405, of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended, to Robert F. Over, condemnees. 3. Said Notice was returned by the Post Office on or about January 7, 2004 marked Return To Sender. The envelope in which the said Notice was mailed and the Post Offict: Sender's Receipt and Return Card are attached hereto. 4. On January 7, 2004, Notice of the said Declaration of Taking was served on the said condemnee(s) by handing a copy of said Notice to ROBERT F. OVER, the condemnee, at 137 Big Spring Ave., Newville, PA 17241. ~2Z~ [". ~ A lianl Sworn to and Subscribed before me -~~4/d~ - Notary Public , " ^ . '/ NOTARIAL SEAL~ GEORGE D. ACHENBACH II, 1'Iaary !'utile Susquehanna Twp., Daup/rin County My Commission Expires May 22, 2004 '-,' \ My Commission Expires: " n f: .. i' ....., = C:::} J~ o -n :-I , R'i:2:: r' -"Ofn ~JJ CJ () 1 ~::,~!~ C~l-n ~.,~g .:::"1 !'-- ~:,;:,'" Z I C) ..".-! r:-? (.,) o '-".: _I . _ . _. __ I' ~llmi-"'II.c"'''G1 =h~2l~3']t.f~~~1 ! Ir II" ~W--:JJ7 If $ SEHl:l:ra6e\SOdIC\Oj, 0 de:l-b/ -;,;:> J 351 (paJ\nbal;llUaWaSJopu3) c:l ,. ea~ .\.I:I^!18Q paPPlsa'tl C '\ aJ9H J." ([ , (~;~r~~;I~a~~~a~~~~~~ U3) g )jJewlsod ea;:! 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I IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS :INREM CLAIM NO. 21001730000 : NO. 03-6392 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 December 9, 2003, a Declaration of Taking was filed in the above- captioned case by the Secretary of Transportation. 3. Although the condemnee listed on the attached Proposed Schedule of Distribution was offered the full amount of the Commonwealth's estimated just compensation as payment pro tanto of his right of way damage claim, without prejudice to his 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. 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 is attached. 5. I, Amanda G. Phily, 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.SA 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 1-407 of the Eminent Domain Code of 1964, as amended, 26 P.S. Section 1-407, 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 1-407, 1- 521 and/or 1-522 of the Eminent Domain Code, as applicable. Respectfully submitted, ~~ Assistant Counsel Supreme Court J.D. No. 80772 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS :INREM CLAIM NO. 21001730000 : NO. 03-6392 SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION I, Amanda G. Phily, 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.SA Section 4909, relating to unsworn falsification to authorities. In compliance with Section 1-522 of the Eminent Domain Code of 1964, 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 Interested Parties Notified. 'J:~eCtfUIlY sub~" /I 7,.J!ld(Ul C1fk./Hdj! Amanda G. Phily, Esquire Supreme Court I.D. 80772 Commonwealth of Pennsylva ia Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 CERTIFIED MAIL COUNTY: Cumberland S.R. 0533, SECTION 002 CLAIM NO. 21001730000 COURT DOCKET NO. 03-6392 SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Robert F. Over 137 Big Spring Avenue Newville, PA 17241 Certified Mail # 7002 0860 0000 5794 2347 Received on: January 29, 2004 -""'1':': .....( (') f~~ ....::..; =2 ,...., c'> = .r- ...., P" C:J o ',., --< ::t:-r} rnr -om :::)9 00 :t~ ()-~ "..0 ~'..;-ITl ::::l l> 'Xl '< '-D -u -,,- r;-: w -' (, ~ FES 2 0 2004 ~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS : IN REM CLAIM NO. 21001730000 : NO. 03-6392 AND NOW, thisl:itday of ORDER tNillJ ~ 2004,upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $812.00, 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. 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 is pursuant to Sections 1-407, 1-521 and/or 1-522 of the Eminent Domain Code of 1964, as amended, 26 P.S. Sections 1-407, 1-521 and/or 1-522, as applicable. J. 2-( '1- 6<-[ CAt t: <-K, {l^v'(J" u.. I'VL~ (j Ii '611.,(<<> ~1t(5\A.A {k ~bk /5 -1\ I cJ.. l VI. G......r-t ') 5 Q.k _ )1fS >- r"' ~~~ "1."-" ts~::: lee) 5~~ ~o... a::W ,::E 15 =. ~~1 j' ! iJ~ . 2:, ~ ~ ~ C") ?= -:~ ~.,..... ~)5: C):? ~5~ :,9{O ;;:,A.a.. :5 C,) c;, ;:"r ci: N I 0::: "'" x: -:r = = .,... IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS : IN REM CLAIM NO. 21001730000 : NO. 03-6392 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 December 9, 2003, a Declaration of Taking was filed in the above- captioned case by the Secretary of Transportation. 3. Although the condemnee listed on the attached Proposed Schedule of Distribution was offered the full amount of the Commonwealth's estimated just compensation as payment pro tanto of his right of way damage claim, without prejudice to his 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. 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 is attached. 5. I, Amanda G. Phily, 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 1-407 of the Eminent Domain Code of 1964, as amended, 26 P.S. Section 1-407, Petitionerrespectfully 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 1-407, 1- 521 and/or 1-522 of the Eminent Domain Code, as applicable. Respectfully submitted, Amanda G. Phily Assistant Counsel Supreme Court I.D. No. 80772 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS : IN REM CLAIM NO. 21001730000 : NO. 03-6392 SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION I, Amanda G. Phily, 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.SA Section 4909, relating to unsworn falsification to authorities. In compliance with Section 1-522 of the Eminent Domain Code of 1964, 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 Interested Parties Notified. ~~eCtfUIlY SUb~. 11 ~~(Ul~HdJl" Amanda G. Phily, Esquire Supreme Court I.D. 80772 Commonwealth of Pennsylva ia Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 CERTIFIED MAIL COUNTY: Cumberland S.R. 0533, SECTION 002 CLAIM NO. 21001730000 COURT DOCKET NO. 03-6392 SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Robert F. Over 137 Big Spring Avenue Newville, PA 17241 Certified Mail # 7002 0860 000057942347 Received on: January 29, 2004 \ (') ....., (') ..-,e, C = 'n -,:, .c- -., -l r." I" C';) r11r= :?t9 ~D . \.0 06 =t-Ti -r;t -:;..-., ~.2(s - ( f',' (SITl '-1 =2 )> (.,,) 'TI -.J '< ~ February 17, 2004 OFFICE OF CHIEF COUNSEl Commonwealth Keystone Building P.O. Box 8212 . Harrisburg PA 17105,8212 400 Norlh Street,9th Floor' Harrisburg PA 17120,0096 Cumberland County Prothonotary Office Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: In re: Condemnation bv the Commonwealth of Pennsvlvania. Department of Transportation, of the Rioht of Wav for State Route 0533. Section 002. in the Borouoh of Newville, Docket No. 03-6392 (Claim #21001730000) Dear Prothonotary: Enclosed is an original Petition to Deposit Estimated Just Compensation and an original and two (2) copies of the proposed Order. 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 retum them with the receipt for the deposit to Amanda G. Phily, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212. Thank you for you time and attention to this matter. Very truly yours, ~ Amanda G. Phily Assistant Counsel d - tt{/o4 C L.4 h ~I" ~t() ~.~ cc: Right-of-Way Administrator for District 8-0 File -;'-;~ ,., -;,:,'-:,~,<-~<,-~+oj-~ "'I;n~~ ,,~tion . ::~, '"~er and two (2) copies GOVERNOR'S OFFiCE OF GENERAL COUNSEL TElEPHONE: 717.787.S473 FAX: 717.772.2741 www.dot.state.pa.us - IN RE: CONDEMNATION BY THE COMMONWEALTH Of PENNSYLVANIA, DEPARTMENT Of TRANSPORTATION, Of THE RIGHT-Of-WAY fOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH Of NEWVILLE : IN THE COURT Of COMMON PLEAS : Of CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS : IN REM CLAIM NO. 21001730000 : No. 03-6392 PETITION TO PAY CLAIMANT UNDISTRIBUTED ESTIMATED JUST COMPENSATION PREVIOUSLY DEPOSITED INTO COURT TO THE HONORABLE JUDGE Of SAID COURT: Petitioner, the Department of Transportation of the Commonwealth of Pennsylvania, respectfully represents that: 1. The Department of Transportation ("Commonwealth") is a Department of the Commonwealth of Pennsylvania with offices at P.O. Box 8212, Harrisburg, Pennsylvania 17105-8212. 2. On December 9, 2003, a Declaration of Taking was filed by the Commonwealth, condemning, inter alia, certain real property owned by Robert f. Over ("claimant"). 3. On March 1, 2004, upon Petition of the Commonwealth, this Honorable Court ordered and directed that the sum of $812.00, representing the amount of just compensation estimated by the Commonwealth due to claimant for damages sustained resulting from the condemnation of his property, be deposited into Court. 4. At the time of the filing of the Declaration of Taking, there were no liens or encumbrances still owing against the property of the claimant, as shown on the attached Proposed Schedule of Distribution. 5. The sum of $812.00 that was deposited into Court in accordance with this Court's Order remains deposited, as no party in interest has filed a petition. 6. Subsequent to the estimated just compensation being deposited into Court, the claimant entered into a post-condemnation settlement with the Department and the Department agreed to present this Petition on his behalf. 7. I, Amanda G. Phily, Assistant Counsel, affirm that I am authorized to execute this Petition to Pay Claimant on behalf of the Department, that all statements are true and correct to the best of my knowledge, information and belief, and that all statements are made subject to the penalties provided in 18 Pa.C.SA 94904, relating to unsworn falsification to authorities. WHEREFORE, Petitioner respectfully requests that this Honorable Court order and direct that the sum of $812.00, representing the amount deposited into Court as just compensation due claimant, plus any accrued interest, be paid to Robert F. Over, as provided in Article V, 95232 of the Eminent Domain Code, 26 P.S. 1-522, as amended. . d, (UJefA- . Amanda G. Phily I.D. 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ABSENCE OF,THESE,FEATURES WiLL IND1CAT,E A COPY. THIS DOCUMENT HAS AN ARTIFICIAl WATERMARK PRINTED ON THE BACK. THE FRONT HAS" MICRO_PRINT : ISSUED BY; TRAVELERS EXPRESS COMPAN~ INC. DRAWEE; e~B~2~, ~4.t.6p~~~~~~POLlS, M 55480 u' 51, I. CJ8DOu';-1:0 CJ bO I. b 7 b 51:0 I. bOD 1.0 b 2Sl,b2u' .overeign Bank DETACH AND RETAIN FOR YOUR RECORDS Memo: 5419800 03/10/2005 Account Holder: Account Number: Branch Number: $************798.11 CUMBERLAND COUTNY PROTHONOTARY 1674009640 167 -~ FLD C 8 2CO~..r :J. V " ... IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0533, SECTION 002, IN THE BOROUGH OF NEWVILLE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS :INREM CLAIM NO. 21001730000 : No. 03-6392 ORDER AND NOW, 0,zl, tb , 2005, upon presentation of the Petition to Pay Claimant, it is ORDERED and DIRECTED that the sum of $812.00, representing the amount deposited into Court as estimated just compensation due to claimant, plus any accrued interest, shall be paid to Robert F. Over. It is further ORDERED that the Prothonotary make a check payable to Robert F. Over for $812.00, plus any accrued interest, deliver it to Amanda G. Phily, Assistant Counsel, Office of Chief Counsel, Pennsylvania Department of Transportation, and mark the record accordingly. BY THE COURT: J. ~ 0"5\0 -------. tll:l>:l>O ",000"- ~('l('l- ::1001\) oc:c:O :::r::l::l- <"<,,I\) E!Sg 6-\.... G! 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(,,) -J GOVERNMENT BANKINC INVESTMENT St;ltelllent Pellod OS 01,05 ' 05'31 OS PRlIIARY ACCOUNT #: 1874OCll1140 . CUMBERlAND COUNTY PROTHONOTARY Account H 1674009640 Former Account, 9878025161 Balances i__1iil1~11_.II_II~II.IIII.i"~1 Deposits/Credits + $0.00 Average Daily Balance $0.65 _Jlt~~IIIJjl.lillll.I~lljl.I.~t..I_~I_". Interest Earned this Period $0.00 Paid Last Year $0.00 *The interest earned and the interest paid may differ depending on when interest is credited to your account. . . page20f3 1674009640 t Sovereign Bank STATEMENT OF ACCOUNTS 115372-48.\1 CUMI!lfR\,.A~D COUNTY PROTHOIllOTARY 1 COURTl-(O!JSEsa CARI:.ISi.E FA11013~3a23. , . . Firittlatti ~~Ut'lt ~: 't~7ilOO9d40 FrJr: YOIJf' ~llhlM!lllSrle,:o~' G9VMlrnB/lt ~ P#llet IS w.~.~ At.bltall thro~l'J:RfI/iaV,~1P~;m.fO s:t1iJIt.rn. . . catfC/$4t1;m~~ WI1(~..~gllPMfcdm . , ,.,;o,uo r- .- page 1 of 3 DEPOSITS INSURED BY FDIC eQUAL OPPORTUNITY lENDER 1674009640 . 0 . . . . . . . . . . . . . t Sovereign Bank STATEMENT OF ACCOUNTS PRIMARY ACCOUNT #: 1674008&40 Balance Slleet If your account is interest bearing, enter in your register the interest earned as it appears on the front of this statement. Be sure that the service charge, if any, or other withdrawls shown on this statement, have been entered in your register as deductions. Compare checks paid (withdrawals) as shown on the front of this statement with your register. List as outstanding any checks (withdrawals) not included on this statement, in the space provided at the right. OUTSTANDING CHECKS (WITHDRAWALS) CHECK # AMOUNT . TOTAL ''CC Verify deposits recorded on this statement against deposits entered in your register. List all deposits not included on this statement in the space provided at the bottom right. Enter the ending balance shown.oo this statement iiiiiii !!!EEl!!! ~ ~ ===== !!!EEl!!! ~ ~ = ....... - iiiIli iiii - ~ ~ !!!I!!! ;;;;;;;;;; ===== iiiiiiiiii llilliii ~ ~ ~ - !il!lili!l IIiIii Enter Total Outstanding Deposits. Add #7 and #8. Enter Total OUtstanding Checks (withdrawals). Subtract #10 from #9. OUTSTANDING DEPOSITS DATE AMOUNT You are in balance if this total agrees with your register. IF THIS TOTAL DOES NOT AGREE WITH YOUR REGISTER (!) Veri!}> additions and subtractions in your register, as well as the figures above. ~ Veri!}> that register balances have been carried forward correctly from page to page. ~ Contact us - we can assist you in reconciling your account. TOTAL IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ACCOUNT, STATEMENT OR ELECTRONIC TRANSFERS CALL OUR BUSINESS SOLUTION CENTER AT 1,877,768,1145 OR WRITE TO THE BANK ATTN: BUSINESS SOLUTION CENTER One Sovereign Way RlI EPV 02 23 East Providence, Rl 02915 Please contad us if you think your statement or receipt is wro.g or if you need additional information about a transfer on the statement or receipt. We must bear from you no later than 30 days after we sent you the FIRST statement on which the error appeared. . page 3 of3 1674009640 ",,,.,. " , . d' , 'it, 1), . ---- """ """ ,-., , : '" 1'1 j-.., Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Amanda G. Phily PA Dept. of Trans po ration Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 June 20, 2005 Amanda Phily; When we went to Sovereign Bank to close this account they calculated the totals incorrectly. Today they sent us a check for .65 cents. We have sent this to you to forward onto Robert Over as per the instruction of the enclosed Order of Court. Sincerely, Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 717-240-6195