HomeMy WebLinkAbout09-1750IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 1003, SECTION 013,
IN THE BOROUGH OF NEW CUMBERLAND
NO. ??. /75-0
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. 0. 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 27, 2009, titled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 1003 Section 013 Right-of-Way in
York County and State Route 1003 Section 013 Right-of-Way [and] State Route 2035
Section 013 Right-of-Way in Cumberland County," a copy of which plan was filed
in the Cumberland County Recorder's Office as Instrument Number 200907184 on
March 11, 2009.
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 a temporary construction
easement.
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., Chief of the Utilities and Right-of-Way Section,
of the Department of Transportation, do hereby depose, swear, and affirm that
I am authorized by and do hereby execute this Declaration of Taking on behalf of
the Commonwealth of Pennsylvania, Department of Transportation, and that
the averments contained and set forth herein are true and correct to the best of
my knowledge, information, and belief, and are made subject to penalties provided in
18 Pa. C. S. §4904, relating to false swearing to authorities.
WHEREFORE, a temporary construction easement is hereby condemned from
the property identified on the attached Schedule of Property Condemned, as indicated on
the plans referenced in paragraph 7 above.
9V
Mar . Cha 11, PA.
Chief, Utilities and Right-of-Way Section
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 1003, SECTION 013,
IN THE BOROUGH OF NEW CUMBERLAND
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in Charge, R/W
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. 0. Box 8212
Harrisburg PA 17105-8212
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 1003, SECTION 013,
IN THE BOROUGH OF NEW CUMBERLAND
NO.
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge, R/W,
Office of Chief Counsel, Department of Transportation, P. 0. Box 8212, Harrisburg PA 17105-8212,
as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor
in the above-captioned proceedings.
Christopher J(ents
Assistant Coun in Charge,
Dated: d; . P. 01
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Page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080277
COUNTY Cumberland
S.R. - SECTION 1003-013
MUNICIPALrrY New Cumberland 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
Office
Parcel
No.
Claim
Number
*Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
(if an)
"'Type of
Description
Plan (if any)
Recorded in
2 2100437000 PT DES Associates R Cumberland
a Pennsylvania Limited Partnership County
Donald E. Slike, General Partner Recorder of
Deeds,
Mailing Address:. Instrument #
3619 Simpson Ferry Road 2009007184,
P. O. Box 292 Sheet 9
Camp Hill, PA 17011-0292
Location of property condemned:
Deed Book T-28, Page 68
Tax Parcel 25-25-0006-362
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 1003, SECTION 013,
IN THE BOROUGH OF NEW CUMBERLAND
NO. Lj l / 7s v d-A4ERM, 20
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of
Taking filed to the above term and number on111#,t-,-4w Ab. Ace ?Fwas recorded in the office of
G?3-' 7
the Recorder of Deeds of the above county in s •?sfi?Z..''
The condemnation book and page number, file number, or microfilm number of
any property plat filed or microfilmed separately from the said Notice of Condemnation
is shown on the list of property condemned which is attached hereto.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BY
District Right-of- y Administrator
Engineering District 8-0
110, .
1,4- Page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080277
COUNTY Cumberland
S.R. - SECTION 1003-013
MUNICIPALITY New Cumberland 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
Office
Parcel
No.
Claim
Number
Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
an)
**Type of
Description
Plan (if any)
Recorded in
2 2100437000 PT DES Associates -
R Cumberland
a Pennsylvania Limited Partnership County
Donald E. Slike, General Partner Recorder of
Deeds,
Mailing Address: Instrument #
3619 Simpson Ferry Road 2009007184,
P. O. Box 292 Sheet 9
Camp Hill, PA 17011-0292
Location of property condemned:
Deed Book T-28, Page 68
Tax Parcel 25-25-0006-362
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RW432 (7/07)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 1003, SECTION 013
IN THE BOROUGH OF NEW CUMBERLAND
NO. TERM,
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF DAUPHIN
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of
Pennsylvania, and that on or before March 27, 2009, notice of the filing of the declaration of taking in the
above matter was served on the condemnees affected thereby in compliance with Chapter 3, Section 305,
of the Eminent Domain Code. Schedules of the condemnees, mortgagees of record, and lienholders of
record notified are attached hereto and made part hereof.
ba,,416 " ?
Davi . Re nolds
District Right-of--Way Administrator
Sworn to and subscribed before me
Notary Public COMMONWEALTH OF PENNSYLVANIA
NOTAWAL SEAL
My Commission Expires: GEORGE D ACHENBACH 11, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires May 22, 2012
Attachments: RW-437, Schedule of Property Condemned
Page I of 1
RW 437 (7/07) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080277 TYPE OF TAKE
COUNTY Cumberland TYPE OF DES
S.R. -SECTION PT- Partial Take FD- Deed Description
1003-013
MUNICIPALITY New Cumberland Borough 11- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
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C
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 1003
SECTION 013, IN THE BOROUGH OF
NEW CUMBERLAND
CLAIM NO. 2100437000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 09-1750
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 March 20, 2009, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the Commonwealth offered to the condemnee listed on the
attached Proposed Schedule of Distribution the full amount of the Commonwealth's
estimated just compensation as payment pro tanto of the condemnees' right of way
damage claim, without prejudice to its right to proceed to a final determination of just
compensation, the Commonwealth has been unable to make payment because the
condemnee has not accepted Estimated Just Compensation.
4. Attached is a draft made payable to the Prothonotary of this Court
representing the total amount of estimated just compensation due the condemnee and
the Commonwealth's pro-rata share of taxes on the subject property.
5. No fee shall be charged against these funds. 26 Pa.C.S. §522(b); City of
Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
1
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 unswom falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnee and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
elly 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. 1003, SECTION 013R/W
CLAIM NO. 2100437000
COURT DOCKET NO. 09-1750
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
DES Associates, A Pennsylvania
General Partnership
Donald E. Slike, General Partner
3619 Simpson Ferry Road
P.O. Box 292
Camp Hill, PA 17011-0292
DATE RECEIVED CERTIFIED MAIL
7003 1680 0005 1234 7092
Received on 5/12/2009
Commerce Bank/Harrisburg
P.O. Box 8599
Camp Hill, PA 17011-8599
7003 1680 0005 1234 6880
Returned Undeliverable on 5/20/2009
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 1003
SECTION 013, IN THE BOROUGH OF
NEW CUMBERLAND
CLAIM NO. 2100437000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 09-1750
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 unswom falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 2006, as
amended, the Department notified the condemnee 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 servi7sq hed Schedule of
Interested Parties Notified.
AE.S uire
Su preme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
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