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HomeMy WebLinkAbout08-5452O/ PI'C6/SNUL "'COFTA.KING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. bB - 545A a iv i t -rerm DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 PTCrHULTTJDEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO. OS - S y S.L .? IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. PTC6ISHULTZDEC OF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. 5. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.390 acres in fee as required right-of-way for S.R. 4021 including 0.06 acres existing slope easement; a partial take. The property condemned also includes the outdoor advertising device and leasehold interest therein situate on the property as well as an agricultural conversation easement. A plan ofthe property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 304 of the Eminent Domain Code of 2006. 6. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or PTC6/SHULTZ/DEC OF TAKING hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, DATE 0? 1z PENNSYLVANIA TURNPIKE COMMISSION BY ? i 4?? William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Our Mission: To operate and manage a safe, reliable, cost effective and valued toll road system. TURN \PIKE Pennsylvania Turnpike Commission America's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPH(E WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc.; Right of Way No. 3165-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes acquire property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc., Right of Way No. 3165-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. Ede. EXHIBIT "A" 1-877-736-6727 paturnpike.com CERTIFICATION I, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission hereby certify the foregoing to be a true and correct copy of an excerpt of the u of th Meeting of the Pennsylvania Turnpike Commission, held on the day 2008, in Highspire, Pennsylvania, at which a quorum was present, and that said ution was unanimously adopted. r??A A im SS hand and the Official Seal of said Commission this 5 day of A.D. 2008. All I ise Edm s Assistant Secretary-Treasurer • v 0.. O v J 4a m m v v r 0 S (9 0 0 W gig; g" ig N! Aix 5 if gr?? V.g I oa °,ik 16 _ pp I all .9 "Egg 0 iR XAgig 0 B $S$ yi OCA EXHIBIT "B" ?A? s i ? yN A 9V a ?o oo ;Aix jj 11"i ^,gg a ' xr *1 ??_p- '5 , 1 flit ? f Q yy sT * m t` ?? €l rAl R? ? 40 g ; ° < F ;$ ? ? a p iR j u? ba 9°A S+G r o A m?gg $ ? s A p 3$6 < s? ?e PA IR 1? gL: i f A t d Q? O m = m a A ? r a n o ? o c e m m m N m ? ;m ? Z Z ? ? 2 < g 7,0 o D Rl rr, r m 3 a 0 o? c N o n rn m N z O C ? ? ? D N z r- m N E o r n o m , aX b N. O L m GN ; N o D A U 0 Z O • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, NO. CUMBERLAND COUNTY, COMMONWEALTH : OF PENNSSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : IN REM PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006 EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. Sealed with the official seal of the said Commission and dated this ?,4, day of , 2008. ATTEST: ?a,.??T Qn1Q?! Ft?m»n?a ?Q?i l\01 ?1. ?1?Z.P S Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: Mi hell Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. Sworn to and subscribed me this day of 2008. Notary Public MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Roseenn NebinW, Notary Public Mkkkbm Sm. Dauphin County W OOrt an E)OMs April 26, 2011 bV, P6?m3 &nia Association of Notaries -bs- (A ? M m L ` " Y 1 a PTC61SHMTLAEMO OBV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CIVIL DIVISION NO. 08-5452 CIVIL TERM MEMORANDUM OF DEED BOOK VOLUME IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 FrOWSHULTLMEMO DBV r • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO. 08-5452 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD MEMO OF DEED BOOK VOLUME On September 15, 2008, NOTICE OF CONDEMNATION of the filing of the Declaration of Taking, in reference to the captioned action was recorded in the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200831200. HOLLINSHEAD, MENDELSON, L BRESNAHA NIXON, P.C. Dated: 2008 BY William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, 11, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscribed before me this day of , 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA MY COMMISSION EXPIRES: Notarial Seal Elizabeth J. Barker, Notary Public Ci', Of Pittsburgh, Allegheny County My ommissiort Expires Aug. 22, 2010 Membe , Pennsylvania Association of Notarlea N ?} -? r - ' ?? ?-[ ` v? ? --Y-? . + " •_'+ • ? f ? „? A , ? W F?? ?-.,;7 9 -? . r PfCWSHULTTMFF SERVICE NOTICE TO MTGEE AGCMCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. 08-5452 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD UPON AgCHOICE FARM CREDIT, ACA IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 PCCNSHULTZIAFF SERVICE NOTICE TO MPOEE AOCNOICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE COMMISSION OF ) PROPERTY LOCATED IN THE TOWNSHIP OF ) NO. 08-5452 CIVIL TERM WEST PENNSBORO, CUMBERLAND COUNTY, ) COMMONWEALTH OF PENNSYLVANIA, FOR ) IN REM THE TOTAL RECONSTRUCTION PROJECT OF ) THE PENNSYLVANIA TURNPIKE FROM ) EMINENT DOMAIN MILEPOST 214 TO MILEPOST 227 ) (PARCEL ID NOS. 46-07-0479-006) ) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. S14ULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared William P. Bresnahan II, who being duly sworn according to law, states that on September 22, 2008, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to AgChoice Farm Credit, ACA, a copy ofthe NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD, a copy of which is attached hereto as Exhibit "A". Also attached hereto and made a part hereof as Exhibit "B" is a copy of the return receipt cards evidencing that AgChoice Farm Credit, ACA acknowledged receipt of said NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD, on September 25, 2008. HOLLINSHEAD, MENDELSON, BRES?NAHAN &NIXON, P.C. Dated: O cXd ;Ft. Q.. 10 , 2008 BY ?'?-`?' . `NI William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscn before me this l ? r1 day of U , 2008. No y Public COMMONWEALTH OF PENNSYLVANIA MY COMMISSION EXPIRES: Notirial Seal Elizabeth J. BarKer, Notary Public City Of Pittsburgn, Allegheny County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006 NO. 08-5452 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD To: AgChoice Farm Credit, ACA 109 Farm Credit Drive Chambersburg, PA 17201 You are hereby NOTIFIED that a Declaration of Taking, a copy of which is attached hereto and made a part hereof, was filed by the Pennsylvania Turnpike Commission in the above-named Court on Sept. 15, 200%,1 the above term and number. The property of Boyd L. Weary and Barbara A. Weary, has been condemned by the Pennsylvania Turnpike Commission A Condemnation Plan showing the entire property owned and/or occupied by Boyd L. Weary and Barbara A. Weary and the area condemned along with a property description is also attached. Respectfully submitted, DATE BY: William P. Bresnahan, Esq. Hollinshead, Mendelson, Bresnahan & Nixon, P. C. EXHIBIT A T181H • . FTC&SHULTMECOFTAKM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 . PTCUSIJULTf/OECOP TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO, IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §l, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21,1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike . PTC&MULTMECOF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. 5. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.390 acres in fee as required right-of-way for S.R. 4021 including 0.06 acres existing slope easement; a partial take. The property condemned also includes the outdoor advertising device and leasehold interest therein situate on the property as well as an agricultural conversation easement. A plan of the property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 304 of the Eminent Domain Code of 2006. 6. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or FTC61VIULTMEC OF TAKING hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, DATE 6? 17'I* PENNSYLVANIA TURNPIKE COMMISSION BY ? i William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Our Mission: Pennsylvania Turnpike Commission To operate i and manage Antetica's First Snpet&ighavay V1 a safe, reliable, cost effective and valued toll road System. RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPIKE WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc.; Right of Way No. 3165-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes acquire property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc., Right of Way No. 3165-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. m_- EXHIBIT "A" 1-577-736-6727 paturnpike.com CERTIFICATION I, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission o hereby certify the foregoing to be a true and eeting of the Pennsylvania Turnpike correct copy of an excerpt of the M' ute of jp1l Commission, held on the day , 2008, in Highspire, Pennsylvania, at on was unanimously adopted. which a quorum was present, and that said uti TNESS y hand and the Official Seal of said Commission this day of A.D. 2008. QjLise Edm s Assistant Secretary-Treasurer v Y O e c w d? a* 0 D m m 0 v r 0 a 8 i rim • 3 $ 8yE l? ? 1 S rn rn ?o N ?3£x n m>Ap i?j? ^?'? K .. p A 0 ! <? ala i a Ell! ° 4 £" ' Hy$ bu* ° y E?'A 54 ?x? NT ?=m? T ? KiA ?r++ mtiR p ?( s o"fig Kea ¢Q b?? R ?? ' ?o?$ b g `? o ?? = A ? > ??TP $Q R„? b ~ ?v n< E O ® ?I 4 E 6 M.IBIT ?$?. 92a€ ponA -g^'$ iM 4s a ilg A" wit HU, him akkw a la'. pR B ^go ypeyy'yE ? <?a? ?y ?3?, g?© 4YN 4 gA ? r,? < ?ne p"d ,gXf If g qS Ag3p S flR 3R of 8? . n €A » » g f g ? ifs] 6 ,m 1 uz?r S ® 8I! $ a 4C ?y o o $ N4i f ? V! f of ? mm p O v m m A "i ? y ? r ~ °n p $ g m 1 H M p z p z , -1 N o c m mH A O n j N m O „1 ° ^ r 1O e m N E Y D bZ O N y r p m N N c A { iD N N_ Zo ON /.1 O O ?1QY? Sga? "aw r? a? . `y g IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE : PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, NO. CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : IN REM PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006 EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A, WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. Sealed with the official seal of the said Commission and dated this 1 7,4, day of G ' :.3' , 2008. ATTEST: ds.Ta);??a?1.ll.?lPS Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: Mi hell Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. Sworn to and subscribed me this ?' day of , 2008. NotaryPublic MY COMMISSION EXPIRES: COMMONWEALTFI OF PENNSYLVANIA a?iai SFaI b?nger, Notary Public L: oro. r)auphin County I"..x0jw%April 28, 2019 --- Me bar, ParinsyWtq Z..,iation of Notaries ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to: AgChoce Farm Credit, ACA 109 Farm Credit Drive Chambersburg, PA 17201 A. Si i ature 7Wnnij O Agent ? Addressee B. Received ( nted Name) /fTC. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type MICertified Mail 0 Express Mall 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 2680 0003 1304 9211 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 1025s5-02-M-1540 EXHIBIT 8 C.: -n _., r n 6 T181HX3 PPO6/SNUL771AFF SERVICE NOTICE TO CONDS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CIVIL DIVISION NO. 08-5452 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE TO CONDEMNEES IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 PFC60MTZIAFF SERVICE NOTICE TO CONDS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO. 08-5452 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared William P. Bresnahan II, who being duly sworn according to law, states that on September 22, 2008, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to Boyd L. and Barbara A. Weary, Robert G. Frey, Esquire, Cumberland County Agricultural Preservation Board and R. J. Shultz, a copy of the NOTICE TO CONDEMNEES, a copy of which is attached hereto as Exhibit "A". Also attached hereto and made a part hereof as Exhibit "B" is a copy ofthe return receipt cards evidencing that Boyd L. and Barbara A. Weary, Robert G. Frey, Esquire, Cumberland County Agricultural Preservation Board acknowledged receipt of said NOTICE TO CONDEMNEES on September 25, 2008 and that R. J. Shultz acknowledged receipt of said NOTICE TO CONDEMNEES on September 26, 2008. Dated: Q?gb tv-- /o , 2008 Sworq to and subscribed before me this I? gdayyoff _Grtr? 12008. t?T1?l. 1 otary Public MY COMMISSION EXPIRES: HOLLINSHEAD, MENDELSON, BRES,NA/HAN & NIXON, P.C. BYG -? -L _ William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth J. Barker, Notary Public City Of Pittsburgh, Allegheny County MY Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries PT&SHULUMOTICE TO CONDEMNEES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO. 08-5452 CIVIL TERM IN REM EMINENT-DOMAIN - CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD NOTICE TO CONDEMNEES TO: Boyd L. Weary Barbara A. Weary 555 Carlisle Road Newville, PA 17241 R. J. Shultz.----- - - R. J. Shultz Enterprise, Inc. 520 Gale Drive Camp Hill, PA 17001 Cumberland County Agricultural Preservation Board 18 North Hanover Street, 3rd Floor Carlisle, PA 17013 Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 You are hereby NOTIFIED that a Declaration of Taking, a copy of which is attached hereto and made a part hereof, was filed by the Pennsylvania Turnpike Commission in the above-named Court on September 15, 2008 at the above term and number. Your property/conservation easement has been condemned by the Pennsylvania Turnpike Commission. A Condemnation Plan showing the entire property/conservation easement owned and/or occupied by you and the area condemned along with a property description is also attached. EXHIBIT A TI1H- Pft&SHULT7/N0T1CE TO CONDEMNEES You are further NOTIFIED that if you wish to challenge the power or the right of the Pennsylvania Turnpike Commission to appropriate the condemned property, the sufficiency of security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary objections within thirty (30) days after having been served with this NOTICE. PENNSYLVANIA TURNPIKE COMMISSION By: William P. Bresnahan David L. Nixon William P. Bresnahan II John F. Dwyer Hollinshead, Mendelson, Bresnahan & Nixon, P.C. 2901 Grant Building, 310 Grant Street Pittsburgh, PA 15219-2257 Certificate of Residence is: P.O. Box 67676, Harrisburg, PA 17106-7676. F C.SIIULTZMECOF TAXING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WESTPENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 PTCWSUULTMEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) NO. WEST PENNSBORO, ) CUMBERLAND COUNTY, ) IN REM COMMONWEALTH OF ) PENNSYLVANIA, FOR THE TOTAL ) EMINENT DOMAIN RECONSTRUCTION PROJECT OF ) THE PENNSYLVANIA TURNPIKE ) FROM MILEPOST 214 TO ) MILEPOST 227 ) (PARCEL ID NOS. 46-07-0479-006) ) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §l, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara-Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21,193 7, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. PTL!6ISIWLTLDEC OF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. 5. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.390 acres in fee as required right-of-way for S.R. 4021 including 0.06 acres existing slope easement; a partial take. The property condemned also includes the outdoor advertising device and leasehold interest therein situate on the property as well as an agricultural conversation easement. A plan of the property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 304 of the Eminent Domain Code of 2006. 6. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or FTC&SHULTLOEC OF TAKING hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303 (a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, DATE 0? 17'1 0' PENNSYLVANIA TURNPIKE COMMISSION BY UXJ"--7 i William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Our Mission: To operate and manage a safe, reliable, cost effective and valued toll road system. I W. 0-7 IV Pennsylvania Turnpike Commission America's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR _ RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPIKE WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by_.R.J._ Shultz_ Enterprise. Inc.; Right of Way No. 3165-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes acquire property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc., Right of Way No. 3165-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. ELC . EXHIBIT "A" 1-877-736-6727 paturnpike.com CERTIFICATION I, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission o hereby certify the foregoing to be a true and correct copy of an excerpt of the M' ute, oVthMeeting of the Pennsylvania Turnpike Commission, held on the ? day 2008, in Highspire, Pennsylvania, at which a quorum was present, and that said tion was unanimously adopted. TNES5 y hand and the Official Seal of said Commission this 5 day of A.D. 2008. J4'c' ise Edm s Assistant Secretary-Treasurer o w ? F 4 a rJ ?J N rn om 0 v f 0 0 < ~ ffi uo? i list 6a g o ?s a ?gx;? f npyp^yxg i T ??? afY rl. NM Wit ? ? V .?45 8' t 'O wM1 Tfi m Pa <? it t'- q ? ? $ ?? 9 $w ?1? TTi+ tt17 asSf ;STS ;'ax QAA q S a gAp ?? p ;2uY ^1'g ' ;SAO'" '4y R.o' 147 9b?A" ? a vo UPI 0 5 ? ? °? °P, . AAF ~ .. m$" v4. 8? ? ?bs R. Aul K i N y j yyy Q a?1 Ag 9sn 4 y ail /1<b A.4 wcq? 9b" A ° ST € MA° ° ?F ??1 7 a ? E 4 n In S q ° » O ° a m a w ? { 0o ro n ? ? O ? p m ° ?c 1 m r m n { Q? o® A y 3 n o ya A m?^ N q mn m m 3 2 v r N < m ?T q m o m n -i A z 5 -4 N C m" z O N m n ?N m N b N' NN N N ON 2 / [N I.rv ?y A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, NO. CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : IN REM PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006 EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL, LAND PRESERVATION BOARD BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania,- is held firmly bound to the Commonwealth of - Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. Sealed with the official seal of the said Commission and dated this i?4, day of , 2008. ATTEST A.nn T.a ise? ?A'7i 1\G 71+ ?111?P S Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: Mi hell Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. Sworn to and subscribed me this -/_S'-/_day of 2008. Notary Public MY COMNIISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA hlat?rial Seal Roseann t jebingsr, Notary Public Middletown 130M, CaupNn County My Cornmh?nlon i?u0Mt; APdi 28, 2011 l ly, bvl Panneyivjnia P,ssociation of Notaries ;ompiete Items 1, 2, and 3. Also complete tem 4 if Restricted Delivery is desired. 'Tint your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailplece, or on the front If space permits. Article Addressed to: Cumberland County Agricultura Preservation Board 18 North Hanover St., 3rd Fl. Carlisle, PA 17013 A. Signature X - 13 Agent t 0 Addressee B. Received by Name) C. Date Delivery <atc ev \ J tL Qr 7 D. Is delivery adbress different from Item 1 ? ? fes If YES, enter delivery address below: ? No 3. Service Type Certified Mail 0 Express Mail 0 Registered ? Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes Miele Number 7007 2680 0003 1304 9181 (ransfer from service 3 Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1540 :.omplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maiipiece, or on the front If space permits. Article Addressed to: J. Shultz J. Shultz Enterprise, Int. 20 Gaie Drive amp Hill, PA 17001 0 Agent 0 Addressee B.` Prind Na 14-,J?Arte of I10venr D. Is delivery address dilfe W from item 1? 0 Yet If YES, enter delivery address below: ? No 3. Service Type XX Certified Mail, 0 Express Mail ? Registered ? Return Receipt for Merchandise O Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes Article Number 7007 2680 0003 1304 9198 (Transfer from service I 3 Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 I Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: ioyd L. Weary iarbara A. Weary 65 Carlisle Road iewville, PA 17241 A S' lure 1,81 - I-A4 9f ? Agent Addressee R by (Printed Name) C. Date of Delivery '9 ?-a8 D. is 'veryaddress dfferent item 1 ? 0 Yes ff YES, enter delivery addresY below: 0 No 3. Service Type Mortified Mail 0 Express Mail 13 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Exba Fee) 0 Yes Article Number 7007 2680 0003 1304 9174 (Transfer from service label) IS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 ; It Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. A. 0 Agent 1. Article Addressed to: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 fjpceived by )?led ame) C. 4L I D"trr D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D, 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 2680 0003 1304 9204 (transfer from service labeo _ ?S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540: EXHIBIT 8 r (: i I'M/SHULTLAFF SERVICE NOTICE TO WMEE CAPITAL REGION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. 08-5452 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD UPON THE CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 FrCNSHULT7/AFF SERVICE NOTICE TO MTGEE CAPITAL REGION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE COMMISSION OF ) PROPERTY LOCATED IN THE TOWNSHIP OF ) NO. 08-5452 CIVIL TERM WEST PENNSBORO, CUMBERLAND COUNTY, ) COMMONWEALTH OF PENNSYLVANIA, FOR ) IN REM THE TOTAL RECONSTRUCTION PROJECT OF ) THE PENNSYLVANIA TURNPIKE FROM ) EMINENT DOMAIN MILEPOST 214 TO MILEPOST 227 ) (PARCEL ID NOS. 46-07-0479-006) ) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared William P. Bresnahan II, who being duly sworn according to law, states that on September 22, 2008, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to The Capital Region Economic Development Corporation, a copy of the NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD, a copy of which is attached hereto as Exhibit "A". Also attached hereto and made a part hereof as Exhibit "B" is a copy of the return receipt cards evidencing that The Capital Region Economic Development Corporation acknowledged receipt of said NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD, on September 25, 2008. HOLLINSHEAD, MENDELSON, BRESnNA?HAN & NIXON, P.C. Dated: OL;zbt.?._ io , 2008 BY !?/..?.?._ William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Swop) to and subscribed efore me this C? day of adCLftl, , 2008. No Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal MY COMMISSION EXPIRES: Elizabeth J. Barker, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006 NO. 08-5452 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD To: The Capital Region Economic Development Corporation 3211 North Front Street Harrisburg, PA 17110 You are hereby NOTIFIED that a Declaration of Taking, a copy of which is attached hereto and made a part hereof, was filed by the Pennsylvania Turnpike Commission in the above-named Courton Sept . 15, 2008 at the above term and number. The property of Boyd L. Weary and Barbara A. Weary, has been condemned by the Pennsylvania Turnpike Commission A Condemnation Plan showing the entire property owned and/or occupied by Boyd L. Weary and Barbara A. Weary and the area condemned along with a property description is also attached. Respectfully submitted, Zoo t, DATE L b BY: William P. Bresnahan, Esq. Hollinshead, Mendelson, Bresnahan & Nixon, P. C. EXHIBIT a .,? ?? ? { ? ?, PTC61SIIULTL06C OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PAID No. 10707 William P. Bresnahan, II, Esquire PAID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 FTC61S11ULTMEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0479-006) NO. IN REM EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A. WEARY; R. J. SHULTZ ENTERPRISE INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality ofthe Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and otherproperty deemed necessary or convenient for the construction or efficient operation of the Turnpike. PTCWSIIULTLOCC OF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.390 acres in fee as required right-of-way for S.R. 4021 including 0.06 acres existing slope easement; a partial take. The property condemned also includes the outdoor advertising device and leasehold interest therein situate on the property as well as an agricultural conversation easement. A plan of the property condemned sufficient for its identification, is set forth in Exhibit 111311, attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 304 of the Eminent Domain Code of 2006. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or Pmrds (umamC of TAKING hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 3 03(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, DATE 0t 17j * PENNSYLVANIA TURNPIKE COMNIISSION BY k/??L-7 ? William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer - 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Our Mission; To operate and manage , safe, reliable, cost effective and valued toll road systetll. FFNNA;' I !RN** tPlKE'? Pennsylvania Turnpike Commission. Anterica's First Snperhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RE' CONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPIKE WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes property owned by Boyd L. and Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc.; Right of Way No. 3165-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652x) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes acquire property owned by Boyd L. and-Barbara A. Weary; a conservation easement owned by the Cumberland County Agricultural Land Preservation Board; and an outdoor advertising device located on this property owned by R.J. Shultz Enterprise, Inc., Right of Way No. 3165-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. E_" EXHIBIT "A" I-877-736-6727 naturnnike.corn CERTIFICATION T, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission o' hereby certify the foregoing to be a true and correct copy of an excerpt of the M' ute of thq Meeting of the Pennsylvania Turnpike Commission, held on the day . , Jr , 2008, in Highspire, Pennsylvania, at which a quorum was present, and that said esolution was unanimously adopted. _JITNESS y hand and the Official Seal of said Commission this 5 day of 167 A.D. 2008. . 0 AAW& nn ise Edma s Assistant Secretary-Treasurer Y M F? b } v U ?J a m m v v r 0 a O 0 $P ? Rro e?g m ? ?npp ? ? N f ?t N P n .i o Of•!1Z P4 M N iffi ? $ ? lq' 4. 0 list a'a g rI s P a. P 4' $0 8?'N t ? ?'"1'P0 ?y F< ? L d ISO ^ m ma tit gib itn R ?' t E $ R _ IMF; ti U n ? !f i P t S Vail, -TT B :q a 1 44 q:l ?os f?? +p ?i N} $ g tie, Q ss pp,( 5 ab? r? 0 0 n °v N £ f ? m9 O °? z 0 m £ m - m m N P N v a r Z T ° m 9 0 o f m Z -A pm p 70 g ° ? om A O A S P (p`1 m m 9 T r n ? O o? ° v9 & IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, NO. CUMBERLAND COUNTY, COMMONWEALTH : OF PENNSSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : IN REM PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS, 46-07-0479-006 EMINENT DOMAIN CONDEMNEES: BOYD L. WEARY AND BARBARA A, WEARY; R.J. SHULTZ ENTERPRISE, INC. AND CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. Sealed with the official seal of the said Commission and dated this -24 day of Gr- 4} , 2008. ATTEST: Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: Mi ohell Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. Sworn to and subscribed me this T day of 2008. Notary Public 0 MY COMMISSION EXPIRES COMMONWEALTH Uf? PENNSYLVANIA Notarial SFral Roseann N4bingsr, Notary Public Midtiletow, I Sara, naupnln County IViy ?;iyt?urlltis lnry I;:xobras Apd126, 2011 ?,?,.M.?.... , .. _ ...... 14ttl111bttt', ?grinsyiv?n?e? association of Notaries .1 t ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. t' Attach this card fo the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Capital Region Economic Dev. 3211 North Front Street A. Sign re X Agent ? Addressee B. ed ' ? d /Name) Date of D¢ delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No Harrisburg, PA 17110 3. Service Type Certified'Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 2680 0003 1304 9228 (Transfer from service laben PS Form 3811, February 2004 Domestic Return Receipt 102595.02--M-1540 EXHIBIT B CV c-? 1 ro f N Ali