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,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF 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 (')
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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
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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.
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A lianl
Sworn to and Subscribed before me
-~~4/d~
- Notary Public
, "
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NOTARIAL SEAL~
GEORGE D. ACHENBACH II, 1'Iaary !'utile
Susquehanna Twp., Daup/rin County
My Commission Expires May 22, 2004
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My Commission Expires:
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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
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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.
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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
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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"
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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. No. 80772
Pennsylvania Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, Pennsylvania 17105-8212
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THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONT HAS A MICRO-PRINT
SIGNATURE UNE AND HOlOGRAM.'ABSE:.NCE OF THESE:. FEOATURES WlI..llNOICATE A COPY;
:
ISSUED BY: TRAVELERS EXPRESS COMPANY, INC.
P.O. BOX 9476, MINNEAPOLIS, MN 55480
DRAWEE: US BANK, ST. PAUL, MN
: SAME
II' 51, ~'1BO ~II' ':0'11:.0 ~I:. 71:, 51:0 ~I:.OO ~01:.c51,1:,cll'
t. Sovereign Bank
Memo:
SAME
03/10/2005
Account Holder:
Account Number:
Branch Number: 167
DETACH AND RETAIN FOR YOUR RECORDS
5419801
$*************24.59
.-----
33366/M29613-L
SIGNAtURE LINE AND HOLOGRAM. 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
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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:
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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_".
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Paid Last Year
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*The interest earned and the interest paid may differ depending on when interest is credited to your account.
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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
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DEPOSITS INSURED BY FDIC
eQUAL OPPORTUNITY lENDER
1674009640
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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
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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
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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