HomeMy WebLinkAbout08-24044. The within condemnation has been authorized by a plan signed by the
Secretary of Transportation on February 1, 2008, titled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 0174, Section 008 R/W in Cumberland
County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3,
Drawer 1, at Page 191 on February 11, 2008.
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, drainage
easements, and temporary construction easements.
9. In the event there are recoverable minerals (including gas and oil) within
the areas hereby 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, Mark J. Chappell, P.E., Acting Chief, 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, drainage easements, and temporary construction
easements are hereby condemned from the properties identified on the attached Schedule
of Property Condemned, as indicated on the plans referenced in paragraph 7 above.
- , I Vle ?Z?
Mark . Chap , P.E.,
Acting Chief, Utilities and Right-of-Way Section
Page 1 of 3
RW-437 (7/07)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED ;r4
(Declaration of Taking)
ROW OFFICE PRO1. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
MUNICIPALrrY Shippensburg Borough
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
*TYPe
Parcel Claim of
No. Number Take
12 2100402000 PT
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property
Harold Swidler, Alan Swidler &
Bradley Swidler
Mailing address:
315 Washington Lane, Carlisle, PA
17013-3745
Location of property:
Deed Book I-35, Page 781
* Recording information on plan is
incorrect
Exhibit
Number **Type of Plan (if any)
(if an) Description Recorded in
R Cabinet 3,
Drawer 1,
Page 191
Sheet 36
Page 2of3
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
MUNICIPALITY Shippensburg Borough
Parcel
No.
13
Claim
Number
2100425000
Type
of
Take
PT
1,l?1? M
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of Attached
Condemnees, Mailing Address, Exhibit
and Location of Condemned ]Number **Type of
JAYDIP, Inc.
Jaymin R. Patel, President
Mailing address:
805 Acri Road, Mechanicsburg, PA
17050-2231
and
Leeann Condominium Association, Inc.
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 1315` Place North, Largo, Florida
33773-1411
I and
Leeann Corporation
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 13151 Place North, Largo, Florida
33773-1411
AS THEIR INTERESTS MAY
APPEAR
Location of property
Deed Book 253 Page 1385
Misc. Book 536, Page 401
Deed Book I-23, Page 711
*Recording information on plan is
incorrect
R
Plan (if any)
Recorded in
Cabinet 3,
Drawer 1,
Page 191
Sheet 37
RW-437 (7/07)
Page 3 of 3
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
MUNICIPALITY Shippensburg Borough
Parcel Claim
No. Number
16 2100403000
Type
of
Take
PT
I?a?1?1?7??1
TYPE OF TAKE "TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro ert
Leeann Corporation
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 1315` Place North, Largo, Florida
33773-1411
and
Leeann Condominium Association, Inc.
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 1315( Place North, Largo, Florida
33773-1411
AS THIER INTERESTS MAY
APPEAR
Location of property:
Misc. Book 536, Page 401
Deed Book I-23, Page 711
* Recording information on plan is
incorrect
Exhibit
Number "Type of
(if an) De tiol
R
Plan (if any)
Recorded in
Cabinet 3,
Drawer 1,
Page 191
Sheet 41
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 0174, SECTION 008 R/W,
IN THE BOROUGH OF SHIPPENSBURG
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in-Charge, R/W
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
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF
THE RIGHT-OF-WAY FOR
STATE ROUTE 0174,
SECTION 008 R/W,
IN THE BOROUGH OF SHIPPENSBURG
NO. 0 P• z V o y eu;Le A",
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
Assistant Coe
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
: NO. 08-2404 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On April 15, 2008, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have refused
to accept 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 condemnees 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. lmler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
1
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 made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
l
KkAy E. Solomon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0174, SECTION 008
CLAIM NO. 2100403000
COURT DOCKET NO. 08-2404 Civil Term
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
Leeann Corporation
Edgar J. Rosenberry
c/o American Micro Tech, Inc.
8997 131St Place North
Largo, Florida 33773-1411
Leeann Condominium
Association Inc.
Edgar J. Rosenberry, President
c/o American Micro Tech, Inc.
8997 131St Place North
Largo, Florida 33773-1411
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1264 2203
Received on July 8, 2008
Certified Mail Number 7003 1680 0005 1264 2210
Received on July 8, 2008
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE : EMINENT DOMAINPROCEEDING
0174, SECTION 008 R/W, IN THE BOROUGH : IN REM
OF SHIPPENSBURG
CLAIM NO. 2100403000 : NO. 08-2404 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Pennsylvania
Department of Transportation, that this statement is true and correct to the best of my
knowledge, information and belief and that it is made subject to the penalties set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 1964, as
amended, the Department notified the condemnees and interested parties of its 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 Department provided
parties with copies of the Petition, the proposed Order and the Proposed Schedule of
Distribution. The Department has noted the names and addresses of the condemnee
and interested parties and the date and manner of service oMhe attached Schedule of
Interested Parties Notified.
Ilr;/E. Soldmor?(Esquire
upreme Court I.D. 85714
ommonwealth of Pennsylvania
epartment 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
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
: NO. 08-2404 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On April 15, 2008, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have refused
to accept 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 condemnees 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
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 made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
2
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0174, SECTION 008
CLAIM NO. 2100402000
COURT DOCKET NO. 08-2404 Civil Term
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
Harold Swidler Certified Mail Number 7003 1680 0005 1264 2227
315 Washington Lane
Carlisle, PA 17013-3745 Received on July 7, 2008
Alan Swidler Certified Mail Number 7003 1680 0005 1264 2234
315 Washington Lane
Carlisle, PA 17013-3745 Received on July 7, 2008
Bradley Swidler Certified Mail Number 7003 1680 0005 1264 2241
315 Washington Lane
Carlisle, PA 17013-3745 Received on July 7, 2008
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE : EMINENT DOMAINPROCEEDING
0174, SECTION 008 R/W, IN THE BOROUGH : IN REM
OF SHIPPENSBURG
CLAIM NO. 2100402000 : NO. 08-2404 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Pennsylvania
Department of Transportation, that this statement is true and correct to the best of my
knowledge, information and belief and that it is made subject to the penalties set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 1964, as
amended, the Department notified the condemnees and interested parties of its 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 Department provided
parties with copies of the Petition, the proposed Order and the Proposed Schedule of
Distribution. The Department has noted the names and addresses of the condemnee
and interested parties and the date and manner of service on the ached Schedule of
Interested Parties Notified.
1
K Ily-E. Solomb'n, Esquire
preme Court I.D. 85714
tommonwealth 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
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On April 15, 2008, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have refused
to accept 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 condemnees 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
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 made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Ily submitted,
e- /
ly E. Solomon
I sistant Counsel
upreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
2
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE : EMINENT DOMAIN PROCEEDING
0174, SECTION 008 R/W, IN THE BOROUGH : IN REM
OF SHIPPENSBURG
CLAIM NO. 2100425000 : NO. 08-2404 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Pennsylvania
Department of Transportation, that this statement is true and correct to the best of my
knowledge, information and belief and that it is made subject to the penalties set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 1964, as
amended, the Department notified the condemnees and interested parties of its 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 Department provided
parties with copies of the Petition, the proposed Order and the Proposed Schedule of
Distribution. The Department has noted the names and addresses of the condemnee
and interested parties and the date and man r service on t e attached Schedule of
Interested Parties Notified.
K61ly E. Solomon, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0174, SECTION 008
CLAIM NO. 2100425000
COURT DOCKET NO. 08-2404 Civil Term
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
JAYDIP, Inc.
Jaymin R. Patel, President
805 Acri Road
Mechanicsburg, PA 17050-2231
Leeann Corporation
Edgar J. Rosenberry
c/o American Micro Tech, Inc.
8997 131St Place North
Largo, Florida 33773-1411
Leeann Condominium
Association Inc.
Edgar J. Rosenberry, President
c/o American Micro Tech, Inc.
8997 131St Place North
Largo, Florida 33773-1411
Edgar J. Rosenberry
8997 131St Place North
Largo, Florida 337733-1411
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1264 2166
Received on July 7, 2008
Certified Mail Number 7003 1680 0005 1264 2173
Received on July 8, 2008
Certified Mail Number 7003 1680 0005 1264 2180
Received on July 8, 2008
Certified Mail Number 7003 1680 0005 1264 2197
Received on July 8, 2008
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION Vlk
OFFICE OF CHIEF COUNSEL
REAL PROPERTY DIVISION
POST OFFICE BOX 8212
HARRISBURG, PA 17105-8212
TELEPHONE: (717) 787-3128 GOYERNOR's OFFICE OF
FACSIMILE: (717) 772-2741 GENERAL CouNsEL
August 6, 2008
County of Cumberland
Cumberland County Courthouse
Prothonotary's Office
One Courthouse Square
Carlisle, PA 17013-3387
Re: In re: Condemnation by the Commonwealth of Pennsylvania Department
of Transportation, of the Right of Way for State Route 0174, Section 008
R/W, in the Borough of Shimensburg, No. 08-2404 Civil Term (Claim
2100425000)
Dear Prothonotary:
Enclosed is an original Petition to Deposit Estimated Just Compensation,
an original and two (2) copies of the proposed Order, a Sworn Statement and a
check payable to the Prothonotary of Cumberland County in the amount of
$35,526.05 as payment for this claim.
Please file the Petition and present the original proposed Order to the
Court for signature. When the Court signs the Order, please file it. Please
execute the two conformed copies of the Order and return them with a payment
receipt for the claim to Kelly E. Solomon, Assistant Counsel, Pennsylvania
Department of Transportation, Office of Chief Counsel, P.O. Box 8212,
Harrisburg, PA 17105-8212.
Thank you for your time and attention to this matter.
ly E. Solomon
;istant Counsel
Cc: Right-of-Way Administrator for District 8-0
File
Enc: Petition
Order and two (2) copies
Sworn Statement
Check
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AUG 0 6 2008
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this -day of /71v4I" '' , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
X111,
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BY THE COURT: /
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CDC FUND DEPT PREP DATE VOUCHER WARRANT ID
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LEEANN CORPORATION OR
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CO K SOLOMON ESQ OCC PENNDOT
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.. NOT ACCERT WITHOUT HOLDING
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
** DUPLICATE **
Receipt Date 8/22/2008
Receipt Time 10:57:34
Receipt No. 213519
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Remarks DEP INTO COMM BANK 08-19-08
627121395 - 3938
Total Non-Cash. + .00 PYMT/CASH
Total Cash..... +
Change......... -
Total Paid.......
13,496.50
.00
$13,496.50
---------------------- Distribution Of Payment ----------------------
Transaction Description Payment Amount
BOND 627121395 - 08-2404 13,496.50
$13,496.50
yam.
AUG 0 6 2008 p
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this 7" day of., r , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
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HAROLD ALAN & BRADLEY SWIDLER OR .
PROTHONOTARY OF CUMBERLAND CO
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PO BOX 8212
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RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office Receipt Date 8/22/2008
Carlisle, Pa 17013 Receipt Time 11:31:07
Receipt No. 213523
PENNSYLVANIA COMMONWEALTH OF
OFFICE OF CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Received of DEP INTO COMM BANK 08-19-08
627121403
Total Non-Cash.....
Total Cash.........
Change .............
Receipt total......
+ .00
+ 3,654.00
.00
- $3,654.00
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
BOND 3,654.00 627121403 - 08-2404
$3,654.00
a
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
AUG 1 1 Luau
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this iZ. day of Ag410 , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
u
BY THE COURT:
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TO THE ORDER OF
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RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office Receipt Date 8/22/2008
Carlisle, Pa 17013 Receipt Time 11:54:57
Receipt No. 213529
PENNSYLVANIA COMMONWEALTH OF
OFFICE OF CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Received of DEP INTO COMM BANK 08-19-08
ACCT #627121187 - PAYEE 3940
Total Non-Cash..... + .00
Total Cash......... + 35,326.05
Change ............. - .00
Receipt total...... = $35,326.05
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
BOND 35,326.05 627101387 - 08-2404
$35,326.05
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION, 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
AUG 0 6 2008P
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this q ` day of 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
a
BY THE COURT: /
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
r, ^ *1 7n
A?j
0
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this iZ ' day of A,.,`,, 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
LL-
0
pl-
r
AUG 0 6 2008 -p
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this 7' day of , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
_'
c
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
IN THE COURT OF COMMON PLWAS 6 2008
CUMBERLAND COUNTY, PA
: EMINENT DOMAINPROCEEDING
: IN REM
CLAIM NO. 2100403000 : NO. 08-2404 CIVIL TERM
r7 RDER
AND NOW, this I day of , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Pwoposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
CURTIS R. LONG
Prothonotary
Cumberland County
One Courthouse Square
_Carlisle, PA 17013
CA-
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b5'aNQy
Christopher J. Clements
555 Walnut Street
9th Flo
y?P PN
?.,....?,/®
A.
7 ®gTNEY BOWES
02 1A $ 00.55
0004631 598 AUG 22 20
MAILED FROM ZIP CODE 1 70
Harris NIX= 176 4E 1 oa 09/01/09
RETURN TO SENDER LE AS NOT DEUUNABLEeTO FOORWARDRESSED
MC : 1701a *0119-10803-22-39
1 71 aids 9e i
AUG 0 d 2008
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RIM IN THE
BOROUGH OF SHIPPENSBURG
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
CLAIM NO. 2100402000
NO. 08-2404 CIVIL TERM
RDER
AND NOW, this 7A day of 11) 1 1A , 2008, upon presentation
of the Petition to Deposit Estimated Just Co pensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26
JRTIS R. LONG
Prothonotary
nberland County
Courthouse Square
lisfe; PA 17013
& PosT? _
,yam r
ArnEV BIEV R ®
owfs-
02 1A $ 01.000
0004631598 AUG22 2008
MAILED FROM ZIPCODE 17013
Christopher J. Clements
555 Walnut Street - 9th Floor
t Harrisburg,
NIXIE i76 4E i 06 09/01/09
LU ?- '- RETURN TO
NOT DELIVERABLE SENDER
AS ADDRESSED
UNABLE TO P•ORWARO
C cza N t, BC: 17013
1 *0119-10804-^.9•-39
161k,9996
r
Al jr, 1 1 2008 (,,t
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this L?day of ?2 - , 2008, upon presentation
of the Petition to Deposit Estimated Just mpensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
CURTIS R. LONG
Prothonotary
;,umberland County
ne Courthouse Square
aar)islV. --PA 17013
>- co
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30&? w?®
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02 1A .$00-591
0004631598 AUG 22 200
MAILED FROM ZIP CODE 1 701
Christopher J. Clements
555 Walnut Street - 9th Floor
Harrisburg, F " ' „ -'
NIXIE 1715 CE 1 OS 09/0110
RETURN TO SENDER
NOT DELx\tERAGLE AS ADDRESSED
UNABLE TO FORWARD
BC: 17013 *0119-10806-22-a!
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
PETITION OF LEEANN CORPORATION TO DISTRIBUTE DAMAGES PURSUANT
TO SECTION 522 OF THE EMINENT DOMAIN CODE
The Leeann Corporation, through its undersigned attorneys, petitions this court pursuant
to Section 522 of the Eminent Domain Code, Act of June 22, 1964, 26 Pa.C.S. § 522 for a
distribution to it of damages, and in support thereof represents:
The Leeann Corporation ("Leeann") is a Pennsylvania Corporation with its principal
SAMIS,
FLOWER &
LEVDSAY
A770RNErl Ai lAW
26 West High Street
Carlisle, PA
place of business at 720 Walnut Bottom Road, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. A declaration of taking in the above-captioned matter was filed by the Commonwealth
of Pennsylvania, Department of Transportation ("Condemnor"), April 15, 2008, in the Court of
Common Pleas of Cumberland County, to the above court term and number, whereby property
located at State Route 174, Section 008, Parcel 16, Shippensburg, Pennsylvania was
condemned. A copy of the declaration of taking is attached as Exhibit "A."
3. Leeann is the owner of Unit 3.
4. A map of the Condemnor's proposed taking for parcel 16 is attached as Exhibit "B."
Parcel 16 is solely comprised of land designated as Unit 3.
6. Pursuant to Section 307 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S.
§ 307, Condemnor petitioned this Court to deposit the estimated just compensation 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.
7. By order of this Court dated August 7, 2008, a copy of which is attached as Exhibit "C,'
the rule was made absolute, and on August 22, 2208, the sum of $13,496.50 was paid to the
Prothonotary, which was Condemnor's estimate for just compensation for the property.
8. Pursuant to Section 521 and 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. §§ 521, 522, Leeann Corporation avers that distribution of the estimated just
compensation should therefore be made to it in the full amount of $13,496.50.
WHEREFORE, Leeann Corporation requests that this Court order the Prothonotary to pay the
Estimated Just Compensation on deposit in the amount of $13,496.50, plus any applicable
interest and reimbursement for taxes to Leeann Corporation.
Date: ) 10 Z?u S
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
By:
is
Saidis, squire
Identification No. 21458
26 West High Street
Carlisle, PA 17013
717-243-6222
Attorney for Leeann Corporation
SAIDIS,
FLOWER &
LINDSAY
SAT uw
26 West High Street
Carlisle, PA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
IN THE COURT OF COMMON PLEA
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
SAIDIS,
FLOWER &
LIlVDSAY
nrtots,tnuw
26 West High Street
Carlisle, PA
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
DATED: 4oEdgasenberry, President
Leeann Corporation
CERTIFICATE OF SERVICE
On this 2" day of January, 2009, I, Jason E. Kelso, hereby certify that I served a true
and correct copy of the foregoing Petition to Pay Deposit of Estimated Just Compensation to
Petitioner Leeann Corporation upon all parties of record via first class United States Mail,
postage prepaid, addressed as follows:
Kelly E. Solomon, Esquire
Assistant Counsel
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel, Real Property Division
Post Office Box 8212
Harrisburg, PA 17105
SAIDIS, FLOWER & LINDSAY
Attorneys for Petitioner
BY ? 7l.!
SAIDIS,
FLOWER &
LINDSAY
nr15wvE9A AW
26 West High Street
Carlisle, PA
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 0174, SECTION 008 R/W, IN
THE BOROUGH OF SHIPPENSBURG
NO. q-,?`io4 tom'va-r-t _
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 February 1, 2008, titled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 0174, Section 008 RIW in Cumberland
County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3,
Drawer 1, at Page 191 on February 11, 2008.
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, drainage
easements, and temporary construction easements.
9. In the event there are recoverable minerals (including gas and oil) within
the areas hereby 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, Mark J. Chappell, P.E., Acting Chief, 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, drainage easements, 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.
- / V/4?4-?
Mark . Chap , P.E.,
Acting Chief, Utilities and Right-of-Way Section
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7107) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROl. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
i
MUNICIPALMY Shippensburg Borough
.Type
Parcel Claim of
No, Number Take
12 2100402000 PT
Page 1 of 3
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property
Harold Swidler, Alan Swidler &
Bradley Swidler
Mailing address:
315 Washington Lane, Carlisle, PA
17013-3745
Location of property:
Deed Book I-35, Page 781
* Recording information on plan is
incorrect
Exhibit
Number 'Type of Plan (if any)
(if an) Description Recorded in
R Cabinet 3,
Drawer 1,
Page 191
Sheet 36
Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA
R W-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
MUNICIPALITY ghippensburg Borough
Parcel
No.
13
Claim
Number
2100425000
Type
of
Take
PT
IJa?1?1?Iti]I
=OF TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recording with
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property
JAYDIP, Inc.
Jaymin R. Patel, President
Mailing address:
805 Acri Road, Mechanicsburg, PA
17050-2231
and
Leeann Condominium Association, Inc
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 131"Place North, Largo, Florida
33773-1411
and
1 Leeann Corporation
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 131" Place North, Largo, Florida
33773-1411
AS THEIR INTERESTS MAY
APPEAR
Location of property
Deed Book 253 Page 1385
Misc. Book 536, Page 401
Deed Book I-23, Page 711
*Recording information on plan is
incorrect
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Exhibit
Number 'Type of
R
Plan (if any)
Recorded in
Cabinet 3,
Drawer 1,
Page 191
Sheet 37
COMMONWEALTH OF PENNSYLVANIA
R W437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080227
COUNTY Cumberland
S.R. - SECTION 0174-008
MUNICIPALrrY Shippensburg Borough
Parcel
No.
16
Claim
Number
2100403000
'Type
of
Take
PT
Page 3of3
I2a?1?1oIe]I
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Leeann Corporation
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 13151 Place North, Largo, Florida
33773-1411
I and
Leeann Condominium Association, Inc.
Edgar J. Rosenberry, President
Mailing address:
C/O American Micro Tech, Inc.
8997 13151 Place North, Largo, Florida
33773-1411
AS TRIER INTERESTS MAY
APPEAR
Location of property:
Misc. Book 536, Page 401
Deed Book I-23, Page 711
Exhibit
Number
"Type of
lescriptiol
R
Plan (if any)
Recorded in
Cabinet 3,
Drawer 1,
Page 191
Sheet 41
* Recording information on plan is
incorrect
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 0174, SECTION 008 R/W,
IN THE BOROUGH OF SHIPPENSBURG
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in-Charge, R/W
ID No. 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
PRIVATE PROPERTY LINES ARE PLOTTED FROM DEED OF RECORD, RECORDED
SUBDIVISION OR LOT PLANS, EXISTING TOPOGRAPHICAL FEATURES AND LIMITED FIELD
DATA. PRIVATE PROPERTY LINES WERE NOT SURVEYED BY THE PROFESSIONAL. LAND
SURVEYOR RESPONSIBLE FOR THE PROJECT.
THIS PROPERTY PLOT PLAN IS NOT TO BE SUBSTITUTED FOR A BOUNDARY SURVEY.
TEMPORARY CONSTRUCTION EASEMENT. AN AREA(S) REQUIRED UNTIL THE
CONSTRUCTION OR WORK INDICATED BY THE PLAN IS COMPLETED, UNLESS
SOONER REVERTED IN WRITING BY THE DEPARTMENT OF TRANSPORTATION.
DRAINAGE EASEMENT. AN AREA WHICH SHALL ALLOW THE DEPARTMENT TO ENTER
THE 'PROPERTY, AS NECESSARY, TO CONSTRUCT OR ALTER THE COURSE OF THE
DRAINAGE AND TO MAKE SUCH FUTURE, REASONABLE ENTRIES AS NECESSARY TO
MAINTAIN OR RECONSTRUCT THE DRAINAGE FACILITY FOR THE PROTECTION OF THE
HIGHWAY. IT SHALL NOT PREVENT THE PROPERTY OWNER FROM MAKING ANY USE OF
THE AREA WHICH IS NOT DETRIMENTAL TO THE NECESSARY FLOW OF WATER.
HOWEVER, NO STRUCTURE OF ANY KIND MAY BE ERECTED IN THE DESIGNATED AREA,
NOR MAY ANY PIPE OR DITCH BE CONNECTED TO THE DEPARTMENT'S PIPE OR DITCH
WITHOUT ADVANCED WRITTEN APPROVAL BY THE DEPARTMENT OF TRANSPORTATION.
SHIPPENS61"
E CHORp-219.61'
NBO' 57'00" TN.219.80'
0.1550.00' ?.?N F 94.94' )
S.R. 0174
P.1. STA. 478+71.06
A = 14'14'25' RT.
D = 2'56'18"
R _ 1950.00'
T - 243.58'
L = 484.65'
E - 15.15'
S/E - 0.025Y,
SCALE
25 FEET 0 25 FEET
LEGEND
DEED 045'39' 4uy 47.64')
(
m REQUIRED RIGHT-OF-WAY
O PARCEL IDENTIFICATION NUMBER UNIT a3
MISC. BOOK 536
PAGE 401
DATE OF DEED 12 04 1996
DATE OF RECORD12-06-1996
CONSIDERATION ---
TAX STAMPS ---
RIGHT-OF-WAY CLAIM INFORMATION
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
STATE RTE. 0174 SEC. N0. 008 R/W SHIPPENSBURG BOROUGH CUMBERLAND
COUNTY
PARCEL NO. 16
SHEET NO. 11, 12 CLAIM NO.
PROPERTY OWNER(S) LEEANN CORPORATION
GRANTOR(S) FRANK E. HOLLAR JR.
AREAS SF SF
DEED BOOK 231 DEED RIGHT-OF-WAY 2.333
PAGE 711 CALCULATED 28.537 DRAINAGE EASEMENT 16
DATE OF DEED 8-19-1969 ADVERSES SLOPE EASEMENT
DATE OF RECORD 8-19-1969 LEGAL R/W 1.913 TEMP. CONSTRUCTION 106
CONSIDERATION $59.000.00 EFFECTIVE 26.624 EASEMENT
TAX STAMPS $590.DO TOTAL REQ'D R/W 2.333 VERIFICATION DATE 5-21-2007
TOTAL RESIDUE 24.291 DRAWN BY DFD
SCALE AS INDICATED
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
AUG 0 6 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this -4,', day of 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. 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 #o the condemnees and/or interested :parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, :26 PaC.S. Sections 307, 521 and/or 522, as applicable.
4
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W,., IN THE
BOROUGH OF SHIPPENSBURG
IN THE,,jjOURT OF COMMONPLEAS
CUMBMLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
CLAIM NO. 2100403000
ORDER
NO. 08-2404 CIVIL TERM
AND NOW, this 13day of _ , 2009, upon consideration of the
SAMIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO
PETITIONER LEEANN CORPORATION, the Court hereby directs the Prothonotary of
Cumberland County, Pennsylvania to pay the Estimated Just Compensation on deposit in the
amount of $13,496.50, plus any applicable interest and reimbursement for taxes on behalf of
Condemnee, Leeann Corporation, by delivering said check to Petitioner, made payable to
"Leeann Corporation".
i
BY THE COURT:
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10520501162009 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 1/16/2009
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------
3938 627121395 - 08-2404 ------------------------------------
Check Date: 01/16/2009 ------------------
Check No.:9000027
BOND 2008- 02404 PYMT/CASH 13496.50 8/22/2008
INTEREST 2008- 02404 PYMT/CASH 3.97 10/13/2008
INTEREST 2008- 02404 PYMTCASH
/ 70.11
1 1122009
INTEREST 2008- 02404 PYMT
CASH 10.49 1/16/2009
---------------
--- Payee total: 13681.07
-------- ---------------------
Grand total: ---------------
13,681.07 ------------------
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 08-2404 CIVIL TERM
The Leeann Condominium Association, Inc., through its undersigned attorneys,
petitions this court pursuant to Section 522 of the Eminent Domain Code, Act of June 22, 1964,
26 Pa.C.S. §522 for a distribution to it of damages, and in support thereof represents:
Petitioner is Leeann Condominium Association, Inc., ("Association") a non-profit
SAMIS,
RFIONVIER
LINDSAY
26 West High Street
Carlisle, PA
corporation with a principal place of business at 720 Walnut Bottom Road, Shippensburg,
Cumberland County, Pennsylvania 17257.
2. A declaration of taking in the above-captioned matter was filed by the Commonwealth
of Pennsylvania, Department of Transportation ("Condemnor"), April 15, 2008, in the Court of
Common Pleas of Cumberland County, to the above term and number, whereby property
located at State Route 0174, Section 008 R/W, Parcel 13, Shippensburg, Pennsylvania was
condemned. A copy of the declaration of taking is attached as Exhibit "A."
3. The Leeann Condominium Declaration of Condominium (the "Declaration") is
recorded in Miscellaneous Book 536 on Page 401 in the Recorder of Deeds Office of
Cumberland County.
4. The Leeann Condominium consists of three units.
5. JayDIP, Inc., ("JayDIP") is a Pennsylvania closed corporation with a principal place of
business at 805 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
6. JayDIP is the owner of Unit 1.
7. Leeann Corporation ("Leeann") is a Pennsylvania Corporation with its principal place
of business at 720 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania
17257.
8. Leeann is the owner of Unit 2 and Unit 3.
9. The Declaration provides in part as follows:
Section 18.2 Eminent Domain. "whenever all or part of the Common Elements
shall be taken, injured or destroyed by eminent domain, the Association shall
represent the Unit Owners in negotiations, settlements and agreement with the
condemning authority ...The award or proceeds of settlement shall be payable to
the Association for the use and benefit of the Unit Owners and their mortgages
as their interests may appear."
F O RIS,&
LINDSAY
26 West High Street
Carlisle, PA
10. Section 18.2 of the Declaration complies with Section 3107(c) of the Uniform
Condominium Act, 62 Pa.C.S. § 3107(c).
11. A map of the Condemnor's proposed taking for Parcel 13 is attached as Exhibit "B."
12. The Condemnor's proposed taking is located in an area designated as a Common
Element of the Condominium.
13. By order of this Court dated August 12, 2008, a copy of which is attached as Exhibit
"C," the rule was made absolute, and on August 22, 2208, the sum of $35,526.05 was paid to
the Prothonotary, which was Condemnor's estimate for just compensation for the property.
14. Pursuant to Section 521 and 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. §§ 521, 522, and in accordance the Declaration, Association avers that distribution of
the estimated just compensation should therefore be made to the Association in the amount of
$35,526.05.
WHEREFORE, Leeann Condominium Association, Inc. requests that this Court order the
FLOWER ?
LINDSAY
26 West High Street
Carlisle, PA
Prothonotary to pay the Estimated Just Compensation on deposit in the amount of $35,526.05,
plus any applicable interest and reimbursement for taxes to Petitioner Leeann Condominium
Association, Inc.
Date:,
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
By:C,,
Robert C. Saidis, Esquire
Identification No. 21458
26 West High Street
Carlisle, PA 17013
717-243-6222
Attorney for Leeann Condominium
Association, Inc.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
FLOVVFR ?
LINDSAY
26 West High Street
Carlisle, PA
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
DATED: Z! //! y S
Edgar Rosenberry, President
Leeann Condominium Association, Inc.
CERTIFICATE OF SERVICE
On this L/ day of l t ?rc,c- , 2009, I, Jason E. Kelso, hereby certify that I
served a true and correct copy of the foregoing Petition to Pay Deposit of Estimated Just
Compensation to Petitioner Leeann Corporation upon all parties of record via first class United
States Mail, postage prepaid, addressed as follows:
Kelly E. Solomon, Esquire
Assistant Counsel
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel, Real Property Division
Post Office Box 8212
Harrisburg, PA 17105
SAIDIS, FLOWER & LINDSAY
Attorneys for Petitioner
By:
SAMIS,
RR&
LINDSAY
26 West High Street
Carlisle, PA
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 0174, SECTION 008 R/W, IN
THE BOROUGH OF SFIIPPENSBURG
NO, 0j - ,? `l e) Y C ,uj -r --
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.D. Box 8212
.Harrisburg, ?, A 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. 313(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 February 1, 2008, titled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 0174, Section 008 R/W in Cumberland
County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3,
Drawer 1, at Page 191 on February 11, 2008.
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, drainage
easements, and temporaryconstruction-easements.
19. In the event there are recoverable minerals (including gas and oil) within
the areas hereby 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, Mark J. Chappell, P.E., Acting Chief, 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, drainage easements, 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.
Mark . Chap , Im.,
Acting :Chief, Utilities and Right-of-Way Section
Page 1 of 3
COMMONWEALTH OF PENNSYLVANIA
Rat-437 (7/07) DEPARTMENT 01 TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROVE' OFFICE PROJ. N0. o
080227 TYPE OF TAKE TYPE OF DESCRIPTION
COUNTY Cumberland PT- Partial Take
s.R. - SECTION FR- Deed Description
0174-008 TT- Total Take Plan lodged for recording with
MUNICIPALITY Shippensburg Borough
Notice of Condemnation
Plan now recorded in Recorder's
Name, Property Interest of Attached
Type Condemnees, Mailing Address, Exhibit
Parcel Claim of
No. Number Take and Location of Condemned Number 'Type of Plan (if any)
12 2100402000 PT Pro erty
Harold Swidler
Alan Swidler k (if any) Descri tion Recorded in
,
Bradley Swidler R Cabinet
Drawer 1,
,
Mailing address: Page 191
i
315 Washington Lane, Carlisle, PA Sheet 36
17013-3745
Location of property:
I Deed Book I-35, Page 781
* Recording information on plan is
incorrect
s ?•
Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA
R W-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080227
T=E-
:TYPE COUNTY Cumberland TYPE Ole DESCRIPTION
0
D- Deed Descri tion
S.R. - SECTION 0174-008 p
MUNICIPALrl-Y P- Plan lodged for reco
rding with
Shippeusburg Borough Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
13
Claim
Number
2100425000
Type
of
Take
PT
Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
_ Property
JAYDIP, Inc.
Jaymin R. Patel, President
MaiIine address:
805 Acri Road, Mechanicsburg, PA
17050-2231
I and
Leeann Condominium Association, Inc.
Edgar J. Rosenberry, President
Mailing ,address:
GO American Micro Tech, Inc.
X8997 ;13151I?Iace North, Largo, Florida
33773-1411
and
j..=arm -Corporation
:EdgarJ.Rosenbeny, President
Mailing address:
00 American M- icro Tech, Inc.
;899713151 Place North, Largo, Florida
33773-141;1
AS THEIR INTERESTS MAY
APPEAR
Location of-property:
Deed Book 253 Page 1385
Misc. Book.?536, Page 401
Deed Book I23,Page 711
Exhibit
Number ..Type of
(if any) DescriDtio]
Plan (if any)
Recorded in
Cabin
Drawer 1,
Page 191
Sheet 37
'kRecording information on plan is
incorrect
Page 3 of
COMMONWEALTH OF PENNSYLVANIA
Rw-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
'OFFICE PRO]. NO.
08022' TYPE OF TAKE TYPE Old DESCRIPTION
-------------
couNTr Cumberland PT
- Partial Take D- Deed Description
S.R. -SECTION 0174-008
TT- Tota] Take P- Plan lodged for recording with
MUNICIPALITY Shippensburg Borough
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of Attached
Type Condemnees, Mailing Address, Exhibit
Parcel Claim
N of and Location of Condemned Number "Type of Plan (if any)
o. Number
16 2100403000 Take Pro ert
PT Leeann Corporation (if any Descri tion Recorded in
Edgar J. Rosenberry, President R
Cabinet 3,
Mailing address: Drawer 1,
Page 191
C/O American Micro Tech, Inc. Sheet 41
8997 13151 Place North, Largo, Florida
33773-1411
and
Leeann Condominium Association, Inc.
Edgar J. Rosenberry, President
Mailing address:
?C/o American Micro Tech, Inc.
8997131" Place' North, Largo,Florida
33773-1411
AS THIER INTERESTS MAY
APPEAR
Location of property:
Misc. 13oW536, Page 401
Deed Book 1-23, Page 711
* Recording information on plan is
incorrect
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 0174, SECTION 008 RIW,
IN THE BOROUGH OF SHIPPENSBURG
DECLARATION OF TAKING
Christopherl Clements
Assistant-Counsel in-Charge,, R1W
ID No. 44699
'Commonwealth .of Pennsylvania
Department. of Tansportation
=Office of `Chief rCounsel
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
0174, SECTION 008 RIK IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
AUG I I LUUU W
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: EMINENT DOMAIN PROCEEDING
: IN REM
NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this iZ, day of 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
0
BY THE COURT:
1°w,j
IN RE:
CONDEMNATION BY THE
COMMONWEALTH OF ;
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION OF RIGHT-OF-WAY:
FOR STATE ROUTE 0174, SECTION 008
R/W IN THE BOROUGH OF :
SHIPPENSBURG
HAROLD S WIDLER, ALAN S WIDLER :
and BRADLEY SWIDLER,
Condemnees/Petitioners
CLAIM NUMBER: 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EMINENT DOMAIN PROCEEDING
IN REM
NO: 08-2404 - CIVIL TERM
PETITION TO PAY DEPOSIT OF ESTIMATED JUST
COMPENSATION TO CONDEMNEES
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes your Condemnees/Petitioners, Harold Swidler, Alan Swidler and
Bradley Swidler (hereinafter "Petitioners" or "Messrs. Swidler") by and through their attorneys,
Cunningham & Chernicoff, P.C. and Petition this Court as follows:
1. Your Condemnees/Petitioners are Harold Swidler, Alan Swidler and Bradley
Swidler with a mailing address in care of Harold Swidler, 315 Washington Lane,
Carlisle, Cumberland County, Pennsylvania 17013, who are the owners in fee
simple of certain improved commercial land situate at 710 East Ding Street,
Shippensburg Borough, Cumberland County, Pennsylvania (hereinafter "Subject
Property"), a portion of which is the subject of a Declaration of Taking filed by
the Commonwealth of Pennsylvania, Department of Transportation (hereinafter
"PENNDOT") on or about April 15, 2008, to the above Term and Number, Claim
Number 2100403000 at State Route 0174, Section 008, Parcel Number 13..
2. Pursuant to the August 7, 2008 Order of this Honorable Court, on or about August
22, 2008, PENNDOT deposited the sum of Three Thousand Six Hundred Fifty-
Four Dollars and no cents ($3,654.00) with the Office of the Prothonotary of
Cumberland County, Pennsylvania, as its Estimate of Just Compensation due
Condemnees for the partial taking of the above-described improved real property.
A copy of said Order is attached hereto as Exhibit "A" and incorporated herein by
reference.
3. As of the date of condemnation (April 15, 2008) there were no mortgages on the
Subject Property.
4. As of the date of condemnation (April 15, 2008), there were no real estate taxes
due and owing on the Subject Property.
5. As of the date of the condemnation (April 15, 2008), there were no judgments
against any of the Condemnees/Petitioners.
6. The Commonwealth's Proposed Schedule of Distribution of its Estimated Just
Compensation on Deposit with the Prothonotary of Cumberland County,
Pennsylvania provides for the distribution of damages in accordance with Sections
521 and 522 of the Pennsylvania Eminent Domain Code, 26 Pa. C.S.A. §§521,
522. A copy of the Commonwealth's Proposed Schedule of Distribution and to
which this Paragraph makes reference is attached hereto as Exhibit "B" and is
incorporated herein by reference.
7. As a result of all of the forgoing, Petitioners, Harold Swidler, Alan Swidler and
Bradley Swidler, wish to withdraw from the Office of the Prothonotary said
Deposit of Estimated Just Compensation. in the amount of $3,654.00.
8. Condemnor, PENNDOT, has no objection to Condemnees withdrawal of said
Deposit of Estimated Just Compensation as it takes no position concerning the
same.
WHEREFORE, your Condemnees/Petitioners, Harold Swidler, Alan Swidler and
Bradley Swidler, pray this Honorable Court to direct the Prothonotary of Cumberland County to
pay to Condemnees/Petitioners, Harold Swidler, Alan Swidler and Bradley Swidler, Condemnor,
PENNDOT's, Deposit of Estimated Just Compensation in the amount of $3,654.00 plus any
applicable interest thereon that has accumulated since said amount was placed on deposit with
the Prothonotary.
.C.
Bruce J. Wars , Esquire
PA Identific i No: 58799
2320 North econd Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Date: March 2, 2009
EXHIBIT `A'
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000
AUG 0 6 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAINPROCEEDING
IN REM
NO. 08-2404 CIVIL TERM
ORDER
, 2008, upon presentation
AND NOW, this % _ day of J I A J J r-, ?
of the Petition to Deposit Estimated Just mpensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE C URT:
EXHIBIT'B'
A
E
a
Q
x
4
VERIFICATION
I, Harold Swidler, hereby verify that the statements made in the foregoing PETITION
TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO CONDEMNEES are
true and correct to the best of my knowledge. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities
Date: ??/ Saroldwidler - All
IN RE:
CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION OF RIGHT-OF-WAY:
FOR STATE ROUTE 0174, SECTION 008
R/W IN THE BOROUGH OF
SHIPPENSBURG
HAROLD SWIDLER, ALAN SWIDLER :
and BRADLEY SWIDLER,
Condemnees/Petitioners
CLAIM NUMBER: 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EMINENT DOMAIN PROCEEDING
IN REM
NO: 08-2404 - CIVIL TERM
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the PETITION TO PAY DEPOSIT
OF ESTIMATED JUST COMPENSATION TO CONDEMNEES upon the following via
first Class Mail, postage prepaid.
Christopher J. Clements, Esquire
Assistant Counsel in Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Kelly E. Solomon, Esquire
Assistant Counsel in Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Tax Bureau of Cumberland County
One Courthouse Square
Carlisle, PA 17013
Robert C. Saidis, Esquire
26 West High Street
Carlisle, PA 17013
CUNNINGHAM & CHERNICOFF, P.C.
Date: March 2, 2009 By;
Julieanne Ametrano
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6571
F:\Home\BJW\DOCS\SWIDLER.HAROLD\PENNDorpetition to Pay Deposit.wpd
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IN RE:
CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION OF RIGHT-OF-WAY:
FOR STATE ROUTE 0174, SECTION 008
R/W IN THE BOROUGH OF
SHIPPENSBURG
HAROLD S WIDLER, ALAN S WIDLER
and BRADLEY SWIDLER,
Condemnees/Petitioners
CLAIM NUMBER: 2100402000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EMINENT DOMAIN PROCEEDING
IN REM
NO: 08-2404 - CIVIL TERM.
ORDER
AND NOW, this G' day of MAR , 2009, upon consideration of
the foregoing Petition to Pay Deposit of Estimated Just Compensation to
Condemnees/Petitioners, and in accordance with Sections 521 and 522 of the Eminent Domain
Code, 26 Pa. C.S.A. §§ 521, 522, the Court hereby directs the Prothonotary of Cumberland
County to pay the Estimated Just Compensation on deposit in the amount of Three Thousand Six
Hundred Fifty-Four Dollars and no cents ($3,654.00) to Harold Swidler, Alan Swidler and
Bradley Swidler.
Distribution:
Prothonotary of Cumberland County
Christopher J. Clements, Esquire
Kelly E. Solomon, Esquire
Tax Claim Bureau of Cumberland County
Bruce J. Warshawsky, Esquire
Mark S. Silver, Esquire
Robert C. Saidis, Esquire
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14453803102009 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 3/10/2009
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------
3955 WARSHAWSKY BRUCE J -----------------------------------
Check Date: 03/10/2009 -------------------
Check No.:9000033
BOND 2008- 02404 PYMT/CASH 3654.00 8/22/2008
INTEREST 2008- 02404 PYMT/CASH 1.07 10/13/2008
INTEREST 2008- 02404 PYMT/CASH 46.39 1/12/2009
INTEREST 2008- 02404 PYMT/CASH 13.81 3/10/2009
---------------
------
----- Payee total:
---
- 3715.27
-
----------------
Grand total: ---------------
3,715.27 ------------------
RECEIPT FOR PAYMENT
-------------------
Cumberland County Prothonotary's Office Receipt Date 3/10/2009
Carlisle, Pa 17013 Receipt Time 14:41:30
Receipt No. 222067
PENNSYLVANIA COMMONWEALTH OF
OFFICE OF CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Received of FINAL INTEREST TO CLOSE ACCT
AT COMMERCE
Total Non-Cash..... + .00
Total Cash......... + 13.81
Change ............. - .00
Receipt total...... _ $13.81
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
INTEREST 13.81 WARSHAWSKY BRUCE J
$13.81
March 10, 2009
E 87-0675 3811
02-9999 3818
98-3531 3815
02-9998 3821
`
4 . 00-3148 3812
'` 02-4880 3843
87-3564 3809
06-2825 3897
06-2825 3896
91-3287 3810
06-2825 3898
t 06-4505 3911
06-4505 3901
x 06-6414 3902
06-6087 3903
d "
h 06-6459 3907
'?` 79-5612 3856
05-5238 3889
05-5238 3890
;?. 01-0587 3817
07-5347 3928
07-4079 3930
t n ,
07-6810
3932
.r 08-2404 3940
08-2404 3939 13.81
08-3766 3943
' 08-3298 3935
89-1995 3808
96-3818 3807
$13.811
For the deposit made on 03-11-09, for the date of 03-10-09
the deposit will be 616.90 less because of
This is interest closing this account.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008R/W, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100425000
IN THE COURT OF COMMONPLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this -7'' day of M d-4 , 2009, upon consideration of the
foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO
PETITIONER LEEANN CONDOMINIUM ASSOCIATION, INC., the Court hereby directs
the Prothonotary of Cumberland County, Pennsylvania to pay the Estimated Just Compensation
on deposit in the amount of $35,526.05, plus any applicable interest and reimbursement for
taxes to Petitioner Leeann Condominium Association, Inc. by delivering said check made
payable to Petitioner's counsel "Saidis, Flower & Lindsay".
Said funds shall be held by Petitioner's counsel, Saidis, Flower & Lindsay, in escrow
for distribution pursuant to the Leeann Condominium Declaration of Condominium.
BY THE COURT:
R&
SAMIS
HANVE
LE14DSAY
26 West High Street
Carlisle, PA
OF "ff E r?NOTARY
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RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office Receipt Date 3/10/2009
Carlisle, Pa 17013 Receipt Time 15:32:06
Receipt No. 222072
PENNSYLVANIA COMMONWEALTH OF
OFFICE OF CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Received of ADDED INTEREST TO CLOSE
ACCOUNT
Total Non-Cash..... +
Total Cash......... +
Change ............. -
Receipt total...... _
.00
3.00
.00
$3.00
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
INTEREST 3.00 SAIDIS SHUFF FOWER & LINDSAY
$3.00
RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office Receipt Date 3/10/2009
Carlisle, Pa 17013 Receipt Time 15:23:08
Receipt No. 222070
PENNSYLVANIA COMMONWEALTH OF
OFFICE OF CHIEF COUNSEL
P 0 BOX 8212
HARRISBURG, PA 17105
PENNSYLVANIA COMMONWEALTH OF (vs) SHIPPENSBURG BOROUGH OF ET AL
Case Number 2008-02404
Received of REMAINING INTEREST TO CLOSE
ACCOUNT
Total Non-Cash..... + .00
Total Cash......... + 132.02
Change..... ....... - .00
Receipt total...... _ $132.02
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
INTEREST 132.02 SAIDIS SHUFF FOWER & LINDSAY
$132.02
15351803102009 Cumberland County Prothonotary's Office Par 1
PYS405 Manual Release Check Register 3/1D/2009
Escrow Tran Date
Distribution C ase No Accounting Amount Date Release
--------------
3851 SAIDIS ------
SHUFF --------
FOWER & ----------------------------------
LINDSAY Check Date: 03/10/2009 ------------------
Check No.:9000032
BOND
INTEREST 2008-
2008- 02404
02404 PYMT/CASH
PYMT/CASH 35526.05
10.43 8/22/2008
10/13/2008
INTEREST
INTEREST 2008-
2008- 02404
02404 PYMT/CASH
PYMT/CASH 658.10
132.02 1/12/2009
3/10/2009
INTEREST 2008- 02404 PYMT/CASH 3.00 3/10/2009
Payee total:
------------ 36329.60
---------------
-------------------
-------------- ------ -------- ------
Grand total: 36,329.60
Bruce J. Warshawsky, Esquire
PA Attorney I.D.: 58799
Cunningham & Chernicoff, P.C.
2320 N. 2nd St.
Harrisburg, PA 17110
PH: (717) 238-6570
Fax: (717) 238-4809
bjw@cclawpc.com
Attorneys for Petitioners/Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100462000
Penn DOT Parcel No. 12
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS
MAY APPEAR,
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
1LED-0FF10E
c.F THE PROTHONOTARY
2Q14AUG —1 ATI 8: 48
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of HAROLD SWIDLER, ALAN SWIDLER AND BRADLEY SWIDLER, as
their interests may appear, Petitioners/Condemnees, by and through their attorneys, Bruce J.
Warshawsky, Esquire, of Cunningham & Chernicoff, P.C., respectfully represent that:
1. On or about April 15, 2008, HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER as their interests may appear, hereinafter "Petitioners" or "Condemnees",
were the owners of certain improved commercial real estate situate on Walnut Bottom Road, SR
0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 7, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 7, 2008. A copy of said August 7 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees HAROLD SWIDLER, ALAN SWIDLER AND BRADLEY
SWIDLER and Condemnor Commonwealth of Pennsylvania, Department of Transportation
have been unable to agree on the amount of just compensation to be made for the condemnation
of the aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Bruce J. Warshawsky, Esquire,
of Cunningham & Chernicoff, P.C., respectfully request your Honorable Court to appoint a
Board of View to ascertain the just compensation due them.
Respectfully submitted,
Date:
CUNNING AM & CHERNI OFF, P.
AltAdi
r ce J. Warshawsky, /quire
PA Attorney I.D.: 587'9
Cunningham & Chernicoff, P.C.
2320 N. 2"d St.
Harrisburg, PA 17110
PH: (717) 238-6570
By:
Attorneys for Petitioners/Condemnees
HAROLD SWIDLER, ALAN SWIDLER
AND BRADLEY SWIDLER, as their
interests may appear
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100402000
Penn DOT Parcel No. 12
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS
MAY APPEAR,
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
CERTIFICATE OF SERVICE
I, Bruce J. Warshawsky, Esquire, of the law firm of Cunnigham & Chernicoff, P.C.,
attorneys for Petitioners/Condemnees, do hereby certify that on this date I served the foregoing
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy of
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date:
Bruce J. Warshawsky, Esquire
PA Attorney I.D.: 58799
Cunningham & Chernicoff, P.C.
2320 N. 2nd St.
Harrisburg, PA 17110
PH: (717) 238-6570
EXHIBIT A'
r
AUG 0 6 200
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF :
RIGHT-OF-WAY FOR STATE ROUTE : EMINENT DOMAINPROCEEDING
0174, SECTION 008 R/W, IN THE : IN REM
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000 : NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this 7 day of , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26
Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
Mark S. Silver, Esquire
Attorney I.D.: 09825
Mette, Evans & Woodside, P.C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PH: (717) 232-5000
Fax: (717)236-1816
mssilver@mette.com
Attorneys for Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
FILED -OFFICE
THE PROTHONOTARY
2014 AUG - I Ail 8:49
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
•
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
•
•
•
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Leeann Corporation and Leeann Condominium Association, Inc., as their
interests may appear, Plaintiffs/Condemnees, by and through their attorneys, Mark S. Silver,
Esquire, of Mette, Evans & Woodside, P.C., respectfully represents that:
1. On or about April 15, 2008, Leeann Corporation, and Leeann Condominium
Association, Inc., as their interests may appear, hereinafter "Petitioners" or "Condemnees", were
the owners of certain improved commercial real estate situate at 20 Walnut Bottom Road, SR
0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 7, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 7, 2008. A copy of said August 7, 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees Leeann Corporation, and Leeann Condominium Association, Inc.,
and Condemnor Commonwealth of Pennsylvania, Department of Transportation have been
unable to agree on the amount of just compensation to be made for the condemnation of the
aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Mark S. Silver, Esquire, of
Mette, Evans & Woodside, P.C., respectfully request your Honorable Court to appoint a Board
of View to ascertain the just compensation due them.
Respectfully submitted,
METTE, EVANS & WOODSIDE, P.C.
By:
Date: )g(k `1 k
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
P.O. Box 950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
Leeann Corporation, and Leeann
Condominium Association, Inc., as their
interests may appear
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RNV, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
AND NOW, this
AUG 062008
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: EMINENT DOMAINPROCEEDING
: IN REM
: NO. 08-2404 CIVIL TERM
RDER
2008, upon.presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro -rata " share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court 'In an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
4-1
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS
THEIR INTERESTS MAY APPEAR,
Plain tiffs/Condemnees
v.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
COMMONWEALTH OF PENNSYLVANIA, .
DEPARTMENT OF TRANSPORTATION, .
Defendant/Condemnor
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of METTE, EVANS & WOODSIDE, P.C.,
attorneys for Plaintiffs/Condemnees, do hereby certify that on this date I served the foregoing
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy of
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date: %— t
METTE, EVANS & WOODSIDE, P.C.
By:
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
Mark S. Silver, Esquire
Attorney I.D.: 09825
Mette, Evans & Woodside, P.C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PH: (717) 232-5000
Fax: (717) 236-1816
mssilver@mette.com
Attorneys for Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
H' HLED,-Oi :,F• iC
THE PRO.THONO TAM
2014 AUG - I AN 8: 50
CUMBERLAND COUNTY
'PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION, : EMINENT DOMAIN PROCEEDING
INC., AND LEEANN CORPORATION, AS : No. 08-2404 Civil Term
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
•
•
•
•
•
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Jaydip, Inc., Leeann Condominium Association, Inc., and Leeann
Corporation, as their interests may appear, Plaintiffs/Condemnees, by and through their
attorneys, Mark S. Silver, Esquire, of Mette, Evans & Woodside, P.C., respectfully represents
that:
1. On or about April 15, 2008, Jaydip, Inc., Leeann Condominium Association, Inc.,
and Leeann Corporation, as their interests may appear, hereinafter "Petitioners" or
"Condemnees", were the owners of certain improved commercial real estate situate at 20 Walnut
Bottom Road, SR 0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 12, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 12, 2008. A copy of said August 12, 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees Jaydip, Inc., Leeann Condominium Association, Inc., and Leeann
Corporation, and Condemnor Commonwealth of Pennsylvania, Department of Transportation
have been unable to agree on the amount of just compensation to be made for the condemnation
of the aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Mark S. Silver, Esquire, of
Mette, Evans & Woodside, P.C., respectfully request your Honorable Court to appoint a Board
of View to ascertain the just compensation due them.
Respectfully submitted,
METTE, EVANS & WOODSIDE, P.C.
By:
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
P.O. Box 950
Harrisburg, PA 17110-0950
Date: — (`— l (717) 232-5000
Attorneys for Plaintiffs/Condemnees
Jaydip, Inc., Leeann Condominium
Association, Inc., and Leeann Corporation,
as their interests may appear
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RNV, IN THE
BOROUGH OF SHIPPENSBURG
AUG 1 ' "uu
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: EMINENT DOMAIN PROCEEDING
: IN REM
CLAIM NO. 2100425000 : NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this 'Z -day of ,l4,, y , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro -rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until futther Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION,
INC., AND LEEANN CORPORATION, AS
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of METTE, EVANS & WOODSIDE, P.C.,
attorneys for Plaintiffs/Condemnees, do hereby certify that on this date I served the foregoing
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy of
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date: _(.,(�
METTE, EVANS & WOODSIDE, P.C.
By:
Mar
r
S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : OF CUMBERLAND COUNTY,
DEPARTMENT OF TRANSPORTATION, : PENNSYLVANIA
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE : CIVIL ACTION — LAW
BOROUGH OF SHIPPENSBURG •
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION, : EMINENT DOMAIN PROCEEDING
INC., AND LEEANN CORPORATION, AS : No. 08-2404 Civil Term
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v. •
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, 5c
Defendant/Condemnor
ORDER OF COURT
AND NOW, this " day of, 2014, upon consideration of the
Petition of Condemnees Jaydip, Inc., Leeann ndominium Association, Inc., and Leeann
Corporation, as their interests may appear, for Appointment of a Board of View, the following
are appointed to a Board of View to ascertain and award just compensation to Condemnees:
� .G1/. 'a n. Liezne , Esquire, Chairman
if/M.114} a--'
BY THE COURT:
/We-
DISTRIBUTION:
P.J.
.-Mark S. Silver, Esquire, Mette, Evans & Woodside, P.C., 3401 North Front Street, P.O. Box 950, Harrisburg, PA 17110-0950 – Condemnee's
counsel; Phone: 717-232-5000; Fax: (717) 236-1816
Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212, Condemnor's Counsel; phone: (717) 787-8846; fax (717) 787-4858
731457v1
pes144.0MeM 04/
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
•
EMINENT DOMAIN PROCEEIMNQ;
No. 08-2404 Civil Term
ORDER OF COURT
AND NOW, this 5t day of ((,u , 2014, upon consideration of the
Petition of Condemnees Leeann Corporation, nd Leeann Condominium Association, Inc., as
their interests may appear, for Appointment of a Board of View, the following are appointed to a
Board of View to ascertain and award just compensation to Condemnees:
DISTRIBUTION:
Cd/A/Esquire, Chairman
BY THE OURT:
4 ,L...
/
P.J.
Mark S. Silver, Esquire, Mette, Evans & Woodside, P.C., 3401 North Front Street, P.O. Box 950, Harrisburg, PA 17110-0950 – Condemnee's
counsel; Phone: 717-232-5000; Fax: (717) 236-1816
so. Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212, Condemnor's Counsel; phone: (717) 787-8846; fax (717) 787-4858
731554v1
aiies m..11!( 8//q
gpe
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100482000
Penn DOT Parcel No. 12
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS
MAY APPEAR,
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
EMINENT DOMAIN PROCEEDING
No. 08-2404 Civil Term
ORDER OF COURT
AND NOW, this day of , 2014, upon consideration of the
Petition of Condemnees HAROLD SWIDLER,LA SWIDLER AND BRADLEY SWIDLER as
their interests may appear, for Appointment of a Board of View, the following are appointed to a
Board of View to ascertain and award just compensation to Condemnees:
i Lca i -Lyn eitm-9 , Esquire, Chairman
DISTRIBUTION:
(f)eo-yu,
&,4,17,11
/ Bruce J. Warshawsky, Esquire, Cunningham & Chernicoff, P.C., 2320 N. 2"d. St., Harrisburg, PA 17110 — Condemnee's counsel; Phone: 717-
238-6570; Fax: (717) 238-4809
Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212, Condemnor's Counsel; phone: (717) 787-8846; fax (717) 787-4858
Lisp, eS male/ e/g/N
731457v1
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
GOVERNOR'S OFFICE OF GENERAL COUNSEL
Justin J. Pike, Assistant Counsel
Right of Way Section
Supreme Court I.D. #313228
P. O. Box 8212
HARRISBURG, PENNSYLVANIA 17105-8212
(717) 787-3128
1
.L . - ,,,
+.'F THE PRO THONG ONG A
�a 14 AUG 15 PH 2: t 2
CUMBERLAND COUNTY
PENNSYLVANIA
H
B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION -- LAW
HAROLD SWIDLER, ALAN SWIDLER AND
RADLEY SWIDLER
Plaintiffs No. 08-2404
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
PRAECIPE
EMINENT DOMAIN
PROCEEDINGS --IN REM
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania,
Department of Transportation, the defendant in the above -captioned matter.
OFFICE OF CHIEF COUNSEL
Byi
:6/e t'e
stin J. Pike, Esq.
Assistant Counsel
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION -- LAW
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER
Plaintiffs No. 08-2404
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
EMINENT DOMAIN
PROCEEDINGS --IN REM
CERTIFICATE OF SERVICE
I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the
person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440.
BY FIRST CLASS MAIL:
Bruce J. Warshawsky, Esquire
Cunningham & Chernicoff, PC
2320 North Second Street
Harrisburg, PA 17110
Dated: August 14, 2014
Respectfully submitted,
OFFICE OF CHIEF COUNSEL
By. jX
tin J. Pi e
Assistant Counsel
Attorney for the Defendant
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
GOVERNOR'S OFFICE OF GENERAL COUNSEL
Kelly J. Stewart, Assistant Counsel
Right of Way Section
Supreme Court I.D. #202917
P. O. Box 8212
HARRISBURG, PENNSYLVANIA 17105-8212
(717) 787-3128
2014 AUG 19 PH 2: 0 7
PENNSYLVANIA rd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JAYDIP, INC., LEEANN CONDOMINIUM
ASSOCIATION, INC.,
AND LEEANN CORPORATION,
Plaintiffs
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
PRAECIPE
CIVIL ACTION -- LAW
No. 08-2404
EMINENT DOMAIN
PROCEEDINGS --IN REM
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania,
Department of Transportation, the defendant in the above -captioned matter.
OFFICE OF CHI F COUNSEL
By:
Ke ly J. , Esq.
Assistan ounsel
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JAYDIP, INC., LEEANN CONDOMINIUM
ASSOCIATION, INC.,
AND LEEANN CORPORATION,
Plaintiffs
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
CIVIL ACTION -- LAW
No. 08-2404
EMINENT DOMAIN
PROCEEDINGS --IN REM
CERTIFICATE OF SERVICE
I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the
person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440.
BY FIRST CLASS MAIL:
Mark S. Silver, Esquire
Mette, Evans & Woodside, PC
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Respectfully submitted,
OFFICE OF CHIEF COUNSEL
By: I :•_ ��_
Kelly J. S ; w
Assistant I ounsel
Attorney for the Defendant
Dated: August 18, 2014
IN RE:
HEPCO H01,
itiGEC 18 PH 1:32
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF :
TRANSPORTATION OF RIGHT-OF-WAY:
FOR STATE ROUTE 0174, SECTION 008 :
R/W IN THE BOROUGH OF
SHIPPENSBURG
HAROLD SWIDLER, ALAN SWIDLER :
and BRADLEY SWIDLER,
EMINENT DOMAIN PROCEEDING
IN REM
NO: 08-2404 - CIVIL TERM
Condemnees/Petitioners
CLAIM NUMBER: 2100402000
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above referenced matter settled, discontinued and ended with prejudice
as the parties have resolved their differences.
Date: la -40 7
By:
Respectfully submitted,
CUNNING . AM & CHERNI
FF, P.C.
Bruce J. W.rsha sky, Esquire
PA Supreme C • urt ID No: 8799
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Condemnees/Petitioners
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the PRAECIPE TO SETTLE,
DISCONTINUE AND END upon the following via first Class Mail, postage prepaid.
Christopher J. Clements, Esquire
Assistant Counsel in Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Tax Bureau of Cumberland County
One Courthouse Square
Carlisle, PA 17013
Mark S. Silver, Esquire
Law Office of Joseph A. Klein, P.C.
P.O. Box 1152
Harrisburg, PA 17108
Date: '1"
F:\Home\BJW\DOCS\S WIDLER.HAROLD\PENNDOT\PRAEDISC. WPD
Kelly E. Solomon, Esquire
Assistant Counsel in Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Robert C. Saidis, Esquire
26 West High Street
Carlisle, PA 17013
Justin J. Pike, Esquire
Assistant Counsel
Commonwealth of Pennsylvania
Department of Transportation
Governor's Office of General Counsel
P.O. Box 8212
Harrisburg, PA 17105
CUNNINGHAM & CHERNICOFF, P.C.
B
-2-
Julieanne Ametrano
HAROLD SWIDLER, ALAN
SWIDLER and BRADLEY
SWIDLER, AS THEIR INTERESTS:
MAY APPEAR,
Petitioners/Condemnees
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
vs. : NO. 08-2404 CIVIL
COMMONWEALTH OF PA,
DEPT. OF TRANSPORTATION, :
Defendant/ Condemnor : EMINENT DOMAIN PROCEEDING
AND NOW, this
f8"
ORDER
day of December, 2014, it appearing that this case has
been marked settled, discontinued and ended, the Board of View appointed in this matter on
August 5, 2014, is VACATED.
✓ William Duncan, Esquire
Chairman, Board of View
:rim
Co -3 � i?at c -c-/
al 1
BY THE COURT,
rn
C)
l,rl
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
c-�
Penn DOT ClaimNo. 2100402000
Penn DPT Parcel No. 12 rnT;
22
r --
HAROLD SWIDLER, ALAN SWIDLER AND : < `'
BRADLEY SWIDLER, AS THEIR INTERESTS : EMINENT DOMAIN PROCEED
MAY APPEAR, : No.08-2404 Civil Term c3
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
• Defendant/Condemnor
FIRST AND FINAL REPORT
The Board of View was appointed on August 5, 2014, by an Order of Court by Judge
Kevin A. Hess. The matter presented was condemnation by PENNDOT of a portion of lands
located at State Route 0174, section 008 R/W in the Borough of Shippensburg, Pennsylvania
(attached as Exhibit "A").
The subject land was located at State Route 0174, section 008 R/W in the Borough of
Shippensburg, Pennsylvania and was a separate parcel of land from two (2) others docketed by
PENNDOT in the same Filing.
This parcel of land was owned by Harold Swidler, Alan Swidler and Bradley Swidler,
who were represented by Attorney Bruce J. Warshawsky.
The Board examined the file and made efforts to schedule a view of the premises.
Counsel for the parties notified the Board that they were attempting to resolve the
compensation due to the land owner.
Chairman Duncan continued to monitor and communicate with the attorneys in that
process.
•
Page 2
On December 17, 2014, Attorney Warshawsky informed Chairman Duncan that the
matter had been resolved.
A Praecipe to Settle and Discontinue was forwarded to chairman Duncan evidencing that
said Case was settled and discontinued on December 18, 2014 (attached as Exhibit "B").
No Views nor Hearings were conducted. No payment is proposed to the Viewers for said
activities.
A Bill of Costs reflects payment to Chairman Duncan for his services and costs.
William A. Duncan, Esq., Chairman
c/o Duncan & Hartman, PC
1 Irvine Row
Carlisle, PA 17013
BILL OF COSTS
1 Day @ $375
Postage .48 x 4
Postage .98 x 2
_ $ 375.00
= $ 1.92
$ 1.96
$ 378.88
William A. Duncan
Chairman, Board of View
•
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100462000
Penn DOT Parcel No. 12
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS
MAY APPEAR,
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
m - co
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ORDER OF COURT
AND NOW, this day of {( 2014, upon consideration of the
Petition of Condemnees HAROLD SWIDLER,AN SWIDLER AND BRADLEY SWIDLER, as
their interests may appear, for Appointment of a Board of View, the following are appointed to a
Board of View to ascertain and award just compensation to Condemnees:
Jr-tate/4W - )10_4irt% , Esquire, Chairman
DISTRIBUTION:
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,�a-c�a -mss/
&My
/ Bruce J. Warshawsky, Esquire, Cunningham & Chernicoff, P.C., 2320 N. 2nd. St., Harrisburg, PA 17110 — Condemnee's counsel; Phone: 717-
238-6570; Fax: (717) 238-4809
i Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212, Condemnor's Counsel; phone: (717) 787-8846; fax (717) 787-4858
gip; eS dna • led f////y
731457v1
EXHIBIT
I "Arr
Bruce J. Warshawsky, Esquire
PA Attorney I.D.: 58799
Cunningham & Chernicoff, P.C.
2320 N. 2nd St.
Harrisburg, PA 17110
PH: (717) 238-6570
Fax: (717) 238-4809
bjw@cclawpc.com
Attorneys for Petitioners/Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100402000
Penn DOT Parcel No. 12
FEED-OF.P10E
C; THE. PROTHONOTARY
2014 AUG -1 Di 8 48
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS : EMINENT DOMAIN PROCEEDING
MAY APPEAR, : No. 08-2404 Civil Term
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of HAROLD SWIDLER, ALAN SWIDLER AND BRADLEY SWIDLER, as
their interests may appear, Petitioners/Condemnees, by and through their attorneys, Bruce J.
Warshawsky, Esquire, of Cunningham & Chernicoff, P.C., respectfully represent that:
1. On or about April 15, 2008, HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER as their interests may appear, hereinafter "Petitioners" or "Condemnees",
1
were the owners of certain improved commercial real estate situate on Walnut Bottom Road, SR
0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 7, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 7, 2008. A copy of said August 7 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees HAROLD SWIDLER, ALAN SWIDLER AND BRADLEY
SWIDLER and Condemnor Commonwealth of Pennsylvania, Department of Transportation
have been unable to agree on the amount of just compensation to be made for the condemnation
of the aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Bruce J. Warshawsky, Esquire,
of Cunningham & Chernicoff, P.C., respectfully request your Honorable Court to appoint a
Board of View to ascertain the just compensation due them.
Respectfully submitted,
Date:
CUNNING AM & CHERNI OFF, P.
B
/Br ce J. Warshawsky, /quire
PA Attorney I.D.: 587'9
Cunningham & Chernicoff, P.C.
2320 N. 2nd St.
Harrisburg, PA 17110
PH: (717) 238-6570
Attorneys for Petitioners/Condemnees
HAROLD SWIDLER, ALAN SWIDLER
AND BRADLEY SWIDLER, as their
interests may appear
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100402000
Penn DOT Parcel No. 12
HAROLD SWIDLER, ALAN SWIDLER AND
BRADLEY SWIDLER, AS THEIR INTERESTS
MAY APPEAR,
Petitioners/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
CERTIFICATE OF SERVICE.
I, Bruce J. Warshawsky, Esquire, of the law firm. of Cunnigham & Chernicoff, P.C.,
attorneys for Petitioners/Condemnees, do hereby certify that on:this date'I served the foregoing
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy of
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date:
B ce J. Warshawsky, Esquire
PA Attorney I.D.: 58799
Cunningham & Chernicoff, P.C.
2320 N. 2nd St.
Harrisburg, PA 17110
PH: (717) 238-6570
AUG 0 6 2008P
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF .
RIGHT-OF-WAY FOR STATE ROUTE : EMINENT DOMAINPROCEEDING
0174, SECTION 008 R/W, IN THE : IN REM
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100402000 : NO. 08-2404 CIVIL TERM
AND NOW, this 7" day of
ORDER
Ql/ .,,, .- ~ , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $3,654.00, 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 condemnees and/or interested parties on the
subject property shown on the attached Proposed Schedule of Distribution, be paid into
Court in an interest bearing account. No fee shall be charged against these funds. It is
further ORDERED that the sum shall be held until further Order of Court directing full or
partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 307, 521 and/or 522 of the Eminent Domain Code. of 2006, as amended, 26
Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
HAROLD SWIDLER, ALAN IN THE COURT OF COMMON PLEAS OF
SWIDLER and BRADLEY •CUMBERLAND COUNTY, PENNSYLVANIA
SWIDLER, AS THEIR INTERESTS:
MAY APPEAR, : CIVIL ACTION — LAW
Petitioners/Condemnees
vs. : NO. 08-2404 CIVIL
COMMONWEALTH OF PA,
DEPT. OF TRANSPORTATION, :
Defendant/ Condemnor : EMINENT DOMAIN PROCEEDING
AND NOW, this ' r
ORDER
day of December, 2014, it appearing that this case has
been marked settled, discontinued and ended, the Board of View appointed in this matter on
August 5, 2014, is VACATED.
William Duncan, Esquire
Chairman, Board of View
:rim
BY THE COURT,
EXHIBIT
C)
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DPT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS,
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
: EMINENT DOMAIN PROCEEDING
: No.08-2404 Civil Term
•
•
•
•
•
•
FIRST AND FINAL REPORT
(7a
The Board of View was appointed on August 5, 2014, by an Order of Court by Judge
Kevin A. Hess. The matter presented was condemnation by PENNDOT of a portion of lands
located at State Route 0174, section 008 R/W in the Borough of Shippensburg, Pennsylvania
(attached as Exhibit "A").
The subject land was located at State Route 0174, section 008 R/W in the Borough of
Shippensburg, Pennsylvania and was a separate parcel of land from two (2) others docketed by
PENNDOT in the same Filing.
This parcel of land was owned by LEEANN CORPORATION and LEEANN
CONDOMINIUM ASSOCIATION, INC., who were represented by Attorney Mark S. Silver.
The Board examined the file and made efforts to schedule a view of the premises.
Counsel for the parties notified the Board that they were attempting to resolve the
compensation due to the land owner.
ChairmanDuncan continued to monitor and communicate with the attorneys in that
process.
Page 2
On December 17, 2014 Attorney Silver informed Chairman Duncan that the matter had
been resolved.
A Praecipe to Settle and Discontinue was forwarded to chairman Duncan evidencing that
said Case was settled and discontinued on (See attached Exhibit "B").
No Views nor Hearings were conducted. No payment is proposed to the Viewers for said
activities.
A Bill of Costs reflects payment to Chairman Duncan for his services and costs.
BILL OF COSTS
William A. Duncan, Esq., Chairman
c/o Duncan & Hartman, PC
1 Irvine Row
Carlisle, PA 17013
Date:
,0.0\
1 Day @ $375
Postage .48 x 4
Postage .98 x 2
=$ 375.00
= $ 1.92
$ 1.96
$ 378.88
William A. Duncan
Chairman, Board of View
It
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS : EMINENT DOMAIN PROCEEIIN(
THEIR INTERESTS MAY APPEAR, : No. 08-2404 Civil Term s
Plaintiffs/Condemn ees . it
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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
ORDER OF COURT
CJ1
4y7,
AND NOW, this day of ((_a , 2014, upon consideration of the
Petition of Condemnees Leeann Corporation, l d Leeann Condominium Association, Inc., as
their interests may appear, for Appointment of a Board of View, the following are appointed to a
Board of View to ascertain and award just compensation to Condemnees:
DISTRIBUTION:
3/tf,6-61,t-fi,n)
9etrYttzl->
ettliAsquire, Chairman
i Mark S. Silver, Esquire, Mette, Evans & Woodside, P.C., 3401 North Front Street, P.O. Box 950, Harrisburg, PA 17110-0950 — Condemnee's
counsel; Phone: 717-232-5000; Fax: (717) 236-1816
,,. Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212. Condemnor's r^ ^XPi ^h^ """°' O° fax (717) 787-4858
dpies- ma. fed esV/1
731554v1
Mark S. Silver, Esquire
Attorney I.D.: 09825
Melte, Evans & Woodside, P.C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PH: (717) 232-5000
Fax: (717) 236-1816
mssilver@mette.com
Attorneys for Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
FILED -OFFICE
Ci THE PROTHONOTAR
2014 AUG -I Ali 8:49
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
•
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS : EMINENT DOMAIN PROCEEDING
THEIR INTERESTS MAY APPEAR, : No. 08-2404 Civil Term
Plaintiffs/Condemnees .
v.
COMMONWEALTH OF PENNSYLVANIA, •
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Leeann Corporation and Leeann Condominium Association, Inc., as their
interests may appear, Plaintiffs/Condemnees, by and through their attorneys, Mark S. Silver,
Esquire, of Mette, Evans & Woodside, P.C., respectfully represents that:
1. On or about April 15, 2008, Leeann Corporation, and Leeann Condominium
Association, Inc., as their interests may appear, hereinafter "Petitioners" or "Condemnees", were
the owners of certain improved commercial real estate situate at 20 Walnut Bottom Road, SR
0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of•Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 7, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 7, 2008. A copy of said August 7, 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees Leeann Corporation, and Leeann Condominium Association, Inc.,
and Condemnor Commonwealth of Pennsylvania, Department of Transportation have been
unable to agree on the amount of just compensation to be made for the condemnation of the
aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Mark S. Silver, Esquire, of
Mette, Evans & Woodside, P.C., respectfully request your Honorable Court to appoint a Board
of View to ascertain the just compensation due them.
Respectfully submitted,
METTE, EVANS & WOODSIDE, P.C.
By:
Date:
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
P.O. Box 950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
Leeann Corporation, and Leeann
Condominium Association, Inc., as their
interests may appear
•
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RAN, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO. 2100403000
AND NOW, this
AUG 0 6 2008
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
•
: EMINENT DOMAINPROCEEDING
: IN REM
: NO. 08-2404 CIVIL TERM
RDER
day of 2008, upon .preseritation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $13,496.50, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro -rata ' share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court In an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RAY, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100403000
Penn DOT Parcel No. 16
LEEANN CORPORATION, AND LEEANN
CONDOMINIUM ASSOCIATION, INC., AS
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
COMMONWEALTH OF PENNSYLVANIA, .
DEPARTMENT OF TRANSPORTATION, .
Defendant/Condemnor
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of METTE, EVANS & WOODSIDE, P.C., —,
attorneys for Plaintiffs/Condemnees, do hereby certify that on this date I served the foregoing::
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy -of
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date: cti— k
METTE, EVANS & WOODSIDE, P.C.
By:
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
IN fliE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY ink, CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE RO
0174, SEC 1 ION 008, IN itik: BOROUGH OF
SHIPPENSBURG
No. 08-2404
LEEANN CORPORATION, and LEEANN
CONDOMINIUM ASSOCIATION, INC.
(AS THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees, EMINENT DOMAIN
v. PROCEEDINGS—IN REM
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Defendant/Condemnor
PennDOT Claim No.: 2100403000
PennDOT Parcel, No.: 16
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark only the above -captioned action and specific claim only "settled and
discontinued" on the docket.
Date: k L -1kk
760378v1
EXHIBIT
tie
By:
Respectfully Submitted:
METTE, EVANS & WOODSIDE, P.C.
Mark S. Silver, Esquire
I.D. No. 09825
Mette, Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
Attorney for Condemnees /Plaintiffs
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE 0174,
SECTION 008 R/W, IN THE BOROUGH OF
SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DPT Parcel No. 13
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION, :
INC., AND LEEANN CORPORATION, AS :
THEIR INTERESTS MAY APPEAR,
Plaintiffs/Condemnees
v.
EMINENT DOMAIN PROCEEDI
No.08-2404 Civil Terme r
n c,)
•
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
Defendant/Condemnor
FIRST AND FINAL REPORT
The Board of View was appointed on August 5, 2014, by an Order of Court by Judge
Kevin A. Hess. The matter presented was condemnation by PENNDOT of a portion of lands
located at State Route 0174, section 008 R/W in the Borough of Shippensburg, Pennsylvania
(attached as Exhibit "A").
The subject land was located at State Route 0174, section 008 R/W in the Borough of
Shippensburg, Pennsylvania and was a separate parcel of land from two (2) others docketed by
PENNDOT in the same Filing.
This parcel of land was owned by JAYDIP, INC and LEEANN CONDOMINIUM
ASSOCIATION, INC. And LEEANN CORPORATION, who were represented by Attorney
Mark S. Silver.
The Board examined the file and made efforts to schedule a view of the premises.
Counsel for the parties notified the Board that they were attempting to resolve the
compensation due to the land owner.
ti
Chairman Duncan continued to monitor and communicate with the attorneys in that
process.
Page 2
On December 17, 2014 Attorney Silver informed Chairman Duncan that the matter had
been resolved. On , the Order was signed by Judge (see
attached Exhibit "B").
A Praecipe to Settle and Discontinue was forwarded to chairman Duncan evidencing that
said Case was settled and discontinued.
No Views nor Hearings were conducted. No payment is proposed to the Viewers for said
activities.
A Bill of Costs reflects payment to Chairman Duncan for his services and costs.
William A. Duncan, Esq., Chairman
c/o Duncan & Hartman, PC
1 Irvine Row
Carlisle, PA 17013
Date:
V
BILL OF COSTS
1 Day @ $375
Postage .48 x 4
Postage .98 x 2
= $ 375.00
= $ 1.92
$ 1.96
$ 378.88
William A. Duncan
Chairman, Board of View
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : OF CUMBERLAND COUNTY,
DEPARTMENT OF TRANSPORTATION, : PENNSYLVANIA
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE : CIVIL ACTION — LAW
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
JAYDIP, INC., AND •
LEEANN CONDOMINIUM ASSOCIATION, : EMINENT DOMAIN PROCEEDING
INC., AND LEEANN CORPORATION, AS : No. 08-2404 Civil Term
THEIR INTERESTS MAY APPEAR, •
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
ORDER OF COURT
AND NOW, this ? day of, 2014, upon consideration of the
Petition of Condemnees Jaydip, Inc., Leeann ndominium Association, Inc., and Leeann
Corporation, as their interests may appear, for Appointment of a Board of View, the following
are appointed to a Board of View to ascertain and award just compensation to Condemnees:
LeznedAd, Esquire, Chairman
BY THE COURT:4-
/
DISTRIBUTION:
P.J.
.rMark S. Silver, Esquire, Mette, Evans & Woodside, P.C., 3401 North Front Street, P.O. Box 950, Harrisburg, PA 17110-0950 – Condemnee's
counsel; Phone: 717-232-5000; Fax: (717) 236-1816
Christopher J. Clements, Esquire, Assistant Counsel -in -Charge, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief
Counsel, P.O. Box 8212, Harrisburg, PA 17105-8212, Condemnor's Counsel; phone: (717) 787-8846; fax (717) 787-4858
731457v1
69P es tea-• 'lei
Plc
Mark S. Silver, Esquire
Attorney I.D.: 09825
Mette, Evans & Woodside, P.C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PH: (717) 232-5000
Fax: (717) 236-1816
mssilver@mette.com
Attorneys for Condemnees
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION,
INC., AND LEEANN CORPORATION, AS
THEIR INTERESTS MAY APPEAR,
HE PRQTHONG /
7O11i AUG -I AH 8:50
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
•
: CIVIL ACTION — LAW
•
: EMINENT DOMAIN PROCEEDING
: No. 08-2404 Civil Term
•
•
Plaintiffs/Condemnees •
v.
COMMONWEALTH OF PENNSYLVANIA, .
DEPARTMENT OF TRANSPORTATION, .
Defendant/Condemnor
PETITION FOR APPOINTMENT OF BOARD OF VIEW
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Jaydip, Inc., Leeann Condominium Association, Inc., and Leeann
Corporation, as their interests may appear, Plaintiffs/Condemnees, by and through their
attorneys, Mark S. Silver, Esquire, of Mette, Evans & Woodside, P.C., respectfully represents
that:
1. On or about April 15, 2008, Jaydip, Inc., Leeann Condominium Association, Inc.,
and Leeann Corporation, as their interests may appear, hereinafter "Petitioners" or
"Condemnees", were the owners of certain improved commercial real estate situate at 20 Walnut
Bottom Road, SR 0174, Shippensburg, Cumberland County, Pennsylvania.
2. By virtue of the Declaration of Taking filed on or about April 15, 2008, to No. 08-
2404 — Civil Term, Condemnor Commonwealth of Pennsylvania, Department of Transportation,
appropriated and condemned a portion of Condemnees' aforesaid and above-described property
in the Borough of Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 12, 2008, Condemnor Commonwealth of Pennsylvania,
Department of Transportation, deposited its Estimated Just Compensation in Court pursuant to
Order of Court dated August 12, 2008. A copy of said August 12, 2008, Order is attached as
Exhibit "A", incorporated herein.
4. The nature of the title acquired by Condemnor from Condemnees is in fee simple,
drainage easements, and temporary construction easements.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiffs/Condemnees who have an interest in the
property referred to as of the date of the instant condemnation.
7. Condemnees Jaydip, Inc., Leeann Condominium Association, Inc., and Leeann
Corporation, and Condemnor Commonwealth of Pennsylvania, Department of Transportation
have been unable to agree on the amount of just compensation to be made for the condemnation
of the aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of Taking filed
on or about April 15, 2008.
WHEREFORE, your Petitioners through their attorneys, Mark S. Silver, Esquire, of
Mette, Evans & Woodside, P.C., respectfully request your Honorable Court to appoint a Board
of View to ascertain the just compensation due them.
Respectfully submitted,
METTE, EVANS & WOODSIDE, P.C.
Date: �—l--1
Ip ,
By: l�lf
Mark S. Si ver, Esqu ri e
I.D. No. 09825
3401 North Front Street
P.O. Box 950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees
Jaydip, Inc., Leeann Condominium
Association, Inc., and Leeann Corporation,
as their interests may appear
A
LI:
C 'T.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 RIW, IN THE
BOROUGH OF SHIPPENSBURG
CLAIM NO.2100425000
AUG 1 I LUUu
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: EMINENT DOMAIN PROCEEDING
: IN REM
: NO. 08-2404 CIVIL TERM
ORDER
AND NOW, this /Z` day of y , 2008, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED
that the sum of $35,526.05, representing the amount of just compensation estimated by
the Commonwealth of Pennsylvania, Department of Transportation and the
Commonwealth's pro -rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. No fee shall be charged
against these funds. It is further ORDERED that the sum shall be held until further Order
of Court directing full or partial payment to the condemnees and/or interested parties
entitled to it pursuant to Sections ,307, 521 and/or 522 of the Eminent Domain Code of
2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
•
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE ROUTE
0174, SECTION 008 R/W, IN THE
BOROUGH OF SHIPPENSBURG
Penn DOT Claim No. 2100425000
Penn DOT Parcel No. 13
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
JAYDIP, INC., AND
LEEANN CONDOMINIUM ASSOCIATION, : EMINENT DOMAIN PROCEEDING
INC., AND LEEANN CORPORATION, AS : No. 08-2404 Civil Term
THEIR INTERESTS MAY. APPEAR,
Plaintiffs/Condemnees
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant/Condemnor
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of METTE, EVANS & WOODSIDE, P.C.,
attorneys for Plaintiffs/Condemnees, do hereby certify that on this date I served the foregoing
PETITION FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copyouf
the same in the United States Mail, First Class, postage prepaid, deposited at Harrisburg,
Pennsylvania, addressed to counsel for Condemnors as. follows:
Christopher J. Clements, Esquire
Assistant Counsel -in -Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Date:
METTE, EVANS & WOODSIDE, P.C.
By:
Mark S. Silver, Esquire
I.D. No. 09825
3401 North Front Street
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs/Condemnees