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HomeMy WebLinkAbout01-0125IN 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 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. (~./-]c.~- C,'O, i EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Article W, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. L. 84, 26 P. S. 1-402, as amended, respectfully represents that 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 September 21, 2000, entitled "Drawings Authorizing Acquisition of Right-of-Way for State Route 0581 Section 004 R/W in Cumberland County," a copy of which plan was tiled in the County Recorder's Office in Cabinet 3, Drawer 1, at page 134, on December 14, 2000. 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 tiling 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 slope easements and temporary construction easements. 9. In the event there are recoverable minerals (including gas and oil) w/thin the areas, if any, hereby condemned in fee simple, the mineral rights (including rights to gas and oil) in those areas are hereby excepted and reserved from this condemnation, provided, however, that the fight 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, Gary C. Fawver, P. E., Chief, Right-of-Way and Utilities Division, 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, slope 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. Gary'CT. ~fwver, P. E. Chief, Right-of-Way and Utilities D/vis/on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN DECLARATION OF TAKING Stuart A. Liner Assistant Counsel ID No. 15290 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg PA 17105-8212 RW437 (10/99) REMIS Proj. Coun~ Fed. Proj. No. Municipality Rome-Sec. Parcel No. 5 6 50 51 77 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) 080063 Cumberland D- 100% State P- Camp Hill Borough, Hampden & Lower Allen Twps. R- 0581-004 'TYPE OF DESCRIPTION Deed Description Plan lodged for recording with Notice of Condemnation Plan now recorded in Recordex's Office Claim Number 21000670000 Attached Name, Mailing Address, Property Exhibit Interest of Condemnees, and Number Locution of Condemned Property (if any) Craig R. Waite and Lynda J. Waite, h/w n/a 1716 Chatham Rd Camp Hill, PA 17011 Location: Deed Book W 35. Page 1100 'Type of Description R 21000680000 Susan J. Davis, Single 1714 Chatham Rd Camp Hill, PA 17011 Location: Deed Book 176, Page 788 n]a R 21000870000 Maurice E. Elicker, Widowed 217 St. John's Church Rd Camp Hill, PA 17011 Location: Deed Book 228, Page 409 R 21000880000 21001040000 Bradley J. Keich and Stephatfie L. Keich, l~w 10 Oakwood Cr Camp Hill. PA 17011 Location: Deed Book 157. Page 264 Pennsylvania Real Estate Investment Trust, an Unincoqmrated Subsisting Association 445 Pennsylvania Ave. Suite 135 Fort Washington. PA 19034 Daniel J. MassiminL Vice President Location: Deed Book M 35. Page I 117 R R Page 1 Plan (if any) Recorded in Cabinet 3, Drawer 1 Page 134 Cabinet 3, Drawer 1 Page 134 Cabinet 3, Drawer 1 Page 134 Cabinet 3. Drawer 1 Page 134 CalUmet 3. Drawer 1 Page 134 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 0581, SECTION 004, IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Stuart A. Liner, Assistant Counsel, Office of Chief Counsel, Pennsylvania 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. Stuart A. Liner Assistant Counsel RW432 (03199) 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 0581, SECTION 004 IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 01-125 CIVIL TERM, EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND : David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and that on or before January 19, 2001, notice of the filing of the declaration of taking in the above matter was served on the condenmees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code, Act June 22, 1964, P.L. 84, as amended. A schedule oftbe condernnees so notified is attached hereto and made part hereof. District Right-~l:-Way Administrator Sworn to and subscribed before me otary Public My Commission Expires: I ,~vnu~ o. ACHENBAOH ti, ~ ~ ~Ha~burg, Dauphin *RW437 (1o:99) REM/S Proj. -Count' Fed. Proj. No. MunicipaliD' · Route-Sec. Parcel No. 5 50 51 77 COMMON'vVEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) 080063 Cumberland D- 100% State P- Camp Hill Borough. Hamlxlen & Lower Mien T~ps. R- 0581-004 'TYPE OF DESCRIPTION Deed Description Plan lodged for recording with Notice of Condemnation Plan now recorded m Recorder's Office Claim Number 21000670000 Attached Name, Mailing Address, Property Exhibit Interest of Condemnees, and Number Location of Condemned Property (if any) Craig R. Waite and L.vnda J. Waite, h/w n/a 1716 Chatham Rd Camp Hill. PA 17011 'Type of Description R Location: Deed Book W 35. Page 1100 21000680000 Susan J. Davis. Single 1714 Chatham Rd Camp Hill. PA 17011 n/a R Location: Deed Book 176. Page 788 21000870000 21000880000 Maurice E. Elicker, Widowed 217 St. John's Church Rd Camp Hill, PA 17011 Location: Deed Book 228. Page 409 Bradl~' J. Keich and Stephanie L. Keich. 10 Oak~'ood Cr Camp Hill. PA 17011 n/a n/a R R Location: Deed Book 157. Page 264 11001040000 Pennsylvama Real Estate Investment Trust. an Unincorporated Subsisting Association 445 PennD'lvania Ave. Suite 135 Fort Washington. PA 19034 Daniel J. MassiminL Vice President Location: Deed Book M 35. Page 1117 R Page 1 of 1 Plan (if any) Recorded in Cabinet 3, Dra',~r Page 134 Cabinet 3. Drawer 1. Page 134 Cabinet 3. Dray, er 1. Page 134 Cabinet 3. Dm,act 1, Page 134 Cabinet 3, Dmaer 1, Page 134 IN RE: CONDEMNATION BY : THE COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF THE : RIGHT OF WAY FOR STATE : ROUTE 0581, SECTION 004, : IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF : HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING AND NOW this 9th day of February, 2001, comes the Condemnee, Pennsylvania Real Estate Investment Trust, a Pennsylvania trust hereinafter referred to as "Condemnee"), through its undersigned counsel, and files these Preliminary Objections to the Declaration of Taking filed to the above-captioned term and number and deny the power and fight of the Pennsylvania Department of Transportation (hereinafter "Condemnor") to appropriate any part of its real property and improvements described in the Declaration of Taking and the Exhibits attached thereto which were filed in the matter (hereinafter referred to as "subject property"), the propriety of the procedure followed by Condemnor, and the validity ofthe Declaration of Taking for the following reasons as thus far known to the Condemnee. 1. The Declaration of Taking in the above-captioned matter, a copy of which is attached hereto as Exhibit 1, was filed January 8, 2001, and served on an officer of the Condemnee, Raymond J. Trost, on January 9, 2001. 2. Condemnee's property is located at 121 November Drive, Camp Hill Borough, Cumberland County, Pennsylvania. 3. The Declaration of Taking filed by the Condemnor avers in Paragraph 5 thereof, that: "It]he purpose of the within condemnation is to acquire property for transportation purposes." 4. The Declaration of Taking filed by the Condemnor avers in Paragraph 6 thereof, that: "Iai schedule of property condemned identifying and specifying the location of the property hereby condemned is attached hereto and made a part hereof." 5. The Declaration of Taking filed by the Condemnor avers in Paragraph 7 thereof, that: "[p]lans 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." 6. The description of the condemnee's property in the Declaration of Taking is insufficient to reasonably identify such property, in violation of 26 P,S. § 1~402(b)(5). The condemnor does not specify whether all or part of the condemnee's property is to be acquired. 7. The Declaration of Taking and notice thereof does not provide a plot plan showing the condemnee's entire property and the area taken, in violation of 26 P.S. § 1- 405¢)(8). 8. The Declaration of Taking fails to adequately describe the purpose of the condemnation, in violation of 26 P.S. § 1-402(b)(4). The Declaration of Taking merely describes the purpose as "transportation purposes." 9. The condemnor has failed and refused to produce and in fact lacks any appraisal of the subject property setting forth the fair market value of the condmrmee's property interest immediately prior to and as unaffected by the condemnation and the value of condemnee's remaining property interest immediately after condemnation and as affected thereby. 2 10. The purported taking of the condemnee's property is for other than legitimate public purposes insofar as it is in excess of the needs of the public and is beyond what the public need constitutionally permits or requires. 11. The purported taking of the condemnee's property is a gross abuse of discretion by condemnor and is arbitrary and capricious, WHEREFORE, the condemnee respectfully requests that this Honr~r~hlo t~ ...... Verification I, hereby verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge and belief. I m~derstand that the statements made therein are made subject to the penalties set forth in 18 P.S. § 4904, relating to unswom falsifications to authorities. I further verify that I am an attorney for the condemnee and that I am authorized to make this verification on behalf of the condemnee. 4 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 0581, SECTION 104 : IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF : HAMPDEN AND LOWER ALLEN : NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM PETITION FOR APPOINTMENT OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: This Petition for Appointment of Viewers, based on the provisions of Article V, Section 502, of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, 26 P.S. 1-502, as amended, respectfully represents that: 1. The Condemnee Plaintiffs are c and Lynda J. Waite, husband and wife, hereinafter Plaintiffs, the fee simple owners, through tenancy by the entireties, of the real property located at 1716 Chatham Road, Lower Allen Township, as recorded in Cumberland County Deed Book W 35, Page 1100, Cumberland County, Pennsylvania. 2. The address of the Plaintiffs and the property in question is: 1716 Chatham Road Camp Hill, PA 1701 i. 3. The Condemnor, Defendant, is the Commonwealth of Pennsylvania, hereinafter Defendant, the Defendant acting through the Secretary of Transportation. 4. The Defendant, on January 8, 2001 filed a Declaration of Taking in the Cumberland County Court of Common Pleas. 5. The Plaintiffs have not filed preliminary objections to the Defendant's Declaration of Taking. 10. 11. 12. 13. The Defendant, is in the process of acquiring by condemnation property owned by the Plaintiff for transportation purposes. A brief description of the following property will be taken by the Defendant for both slope easements and temporary construction easements for an indefinite or unascertainable amount of time: a. 3571.92 square feet of the rear portion of the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PA 17011; b. A wooden fence surrounding the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PA 17011; c. An alumintan storage shed on the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill, PA 17011; d. The trees, hedges, grass and landscaping on the property located at 1716 Chatham Road, Lower Allen Township, Camp Hill PA 17011; e. The erection of a safety fence for the containment of the Plaintiffs' pet dog. The Plaintiffs, have been assigned by Pennsylvania Department of Transportation as Parcel No. 5, and Claim Number 2100670000, for the Plan recorded and filed in the Cumberland County Recorder's Office, Cabinet 3, Drawer 1, Page 134. The Defendant's have proposed $6,600 as the amount estimated to constitute just compensation for damages which will accrue to the aforementioned property as a result of their condemnation. The Defendant's offer for just compensation was summarized by the Defendant to constitute $3,700 in Direct Damages and $2,900 for the Temporary Easement totaling $6,600. The Defendant has undervalued in its computations the fair market value of the Plaintiff's property. The Defendant's offer of just compensation fails to include the cost of replacement ora new privacy wood fence which will be taken down for the temporary easement. The Defendant's offer of just compensation fails to include the cost of replacement of the hedges and trees it will destroy. 14. 15. 16. 17. 18. 19. The Defendant's offer of just compensation fails to include the cost of erecting a temporary fence to maintain the Plaintiff's pet dog during the temporary easement per/od. The Defendant's offer of just compensation fails to include the cost to re-erect an aluminum storage shed. The Defendant's offer of just compensation fails to include the cost to store and park the Plaintiff's Recreational Vehicle which is normally kept in the Plaintiff's backyard. On February 19, 2001 in accordance with Article IV, Section 407 of the Errfinent Domain Code of 1964, 26 P.S. § 1-407, the Plaintiffs submitted an application to the Defendant for the payment of the $6,600 just compensation. The Plaintiffs submitted the application understanding that the $6,600 payment for just compensation will be made and received without prejudice to the rights of either the Plaintiffs or the Defendant to proceed to a final determination of just compensation by filing a petition for the appointment of viewers within five years of the date of the payment. The Plaintiffs will take payment with the understanding that payment of the $6,600 shall be considered only as payment pm-tanto of just compensation as finally determined, it being understood that the Defendant shall pay to the Plaintiffs the difference between the aforesaid amount and any higher amount which may be finally determined. WHEREFORE, The Plaintiffs respectfully submit this Petition for the Appointment of Viewers to ascertain the just compensation of the prop,~en; / / Craig/R, Waite Pro Se Plaintiff d Lynda . W~aitej Pro Se Plaintiff VERIFICATION We, Craig R. Waite and Lynda J. Waite, husband and wife, legal owners of the property located at 1716 Chatham Road, Camp Hill, Cumberland County, Pennsylvania, Petitioners herein, hereby verify that the foregoing Petition is true and correct to their personal knowledge, information and belie£ We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to auth~es. ~ 'Craig g. Waite Lynda J. Waite // CERTIFICATE OF SERVICE I Craig R Waite and Lynda J Waite do certify that on may l0th 2001 I. served by certified US mail a copy of this petition for the appointment of viewers to: The Commonwealth Of PA Department Of Transportation Office Of Chief Council PO Box 8212 Harrisburg PA 17105 Date Lynd~/J Waite Date 1N RE: CONDEMNATION BY : THE COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF : THE RIGHT-OF-WAY FOR : STATE ROUTE 0581, SECTION 104 : IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF : HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER FOR APPOINTMENT OF BOARD OF VIEW AND NOW this ~'~ay of ,2001, upon presentation and consideration of the within Petition it is hereby o~rdered and decreed that: are appointed as viewers By the Court: Craig R. Waite Lynda J. Waite Condemnees Department of Transportation Condemnor Chairman, Board of Viewers IN RE: CONDEMNATION BY : THE COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF THE : RIGHT OF WAY FOR STATE : ROUTE 0581, SECTION 004, : IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF : HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Kindly withdraw the Preliminary Objections filed by the Pennsylvania Real Estate Investment Trust in the above-captioned action. espect ful~ly submitted¢~ Sedor, Esq. Attorney iD. 07115 Charles Rees Brown, Esq. Attorney iD. 70612 2080 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 526-2182 Attorneys for Condemnee Date: April 17, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 104, IN THE BOROUGH OF CAMP HILL AND THETOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO. 01-125 : EMINENT DOMAIN PROCEEDINGS-IN REM STIPULATION OF SETTLEMENT AND NOW, to wit, this ?~2/~day of December, 2001, it is hereby stipulated and agreed by and between Craig and Lynda Waite, plaintiffs-condemnees, and the Commonwealth of Pennsylvania, Depaxtment of Transportation, defendant-condernnor, that the within proceedings are hereby settled and satisfied in the net amount ofTen Thousand Three Hundred Thirty ($10,330.00) Dollars. This sum includes all damages payable under the Eminent Domain Code, 26 P.S. §1-101 et seq., as amended, and the State Highway Law, 36 P.S. §670-1 et seq., as amended, except as set forth below. Inasmuch as Six Thousand Six Hundred ($6,600.00) Dollars has previously been paid on account, the amount payable hereunder as net damages is Three Thousand Seven Hundred Thirty ($3,730.00) Dollars. IT IS FUTHER STIPULATED AND AGREED: (a) That delay compensation is payable pursuant to Section 611 of the Eminent Domain Code, 26 P.S. §1-611, on the net damages less the payment on account from October 15, 2001, when possession of the condemned property was relinquished to the Commonwealth. (b) That the condemnees shall produce releases for or satisfy of record liens for all taxes and municipal claims assessed against, and all mortgages, judgments and other liens of record against the subjeot property as of the date of condemnation. (c) That upon delivery of the Commonwealth's check for final payment hereunder, the condemnees shall cause the dockets of these proceedings to be marked satisfied. (d) That the condemnees represent that no other parties have an interest in these damages by virtue of a lease, easement, security agreement or for any other reason, and that if any party shall assert a claim against these funds, or present a claim for damages attributable to an interest in the subject property, and shall receive a final award therefore in such party's favor against the Commonwealth from a Board of Viewers or Court of Record, then the condemnees agree to indemnify and save harmless the Commonwealth from such award, and agree to pay the Commonwealth the amount thereof together with costs and reasonable attorney fees. (e) That the temporary construction easement shall be for a period of two 2 years beginning October 15, 2001 to October 15, 2003 and that the Commonwealth shall pay the condemnees $120.83 per month for every additional month beyond the two-year period for the temporary construction easement and $40.00 p~m~ for each additional month for camper storage fee. ; //. / Lynda W'ait e Condemnee Smart A. Liner, Esquire Attorney for Commonwealth of Pennsylvania, Department of Transportation Defendant-Condemnor Cor~,monwealtl~ o~' Pen,sylvan 3 ~epadment o~ Tra~spodstio~ OFFICE Of:: CHIEF COUNSEL 1N RE: CONDEMNATION BY : THE COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF THE : RIGHT-OF-WAY FOR STATE ROUTE : 0S81, SECTION 104 IN THE : BOROUGH OF CAMP I~II,L AND THE: TOWNSBIPS OF HAMPDEN AND : LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM REPORT OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: The undersigned Viewers respectively report: HISTORY OF THE CASE 1. On March 27, 2001, the Condemnees, Craig R. Waite and Lynda $. Waite, filed a Petition for the Appointment of Viewers and on May 22, 2001, the Court appointed William A. Duncan, Esquire, Chairman, Elmer L. Ritter and James P. Sheya, as a Board of View to ascertain the just compensation due the Condenmees by the Commonwealth of Pennsylvania, Department of Transportation for a portion of the premises known and numbered as 1716 Chatham Road, Lower Allen Township, Camp Hill, Pennsylvania, 17011. 2. The Board of View served Notice of View on Elmer Ritter, ]ames Sheya, Craig R. Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner, by Certified Mail, Return Receipt requested dated September 14, 2001. A copy of Notice of View and the Return receipts therefore are attached hereto. 3. A View of the premises was held by the Board of View on Monday, October 1, 2001, at 10:00 A.M., at the site, and was attended by Elmer Ritter, James Sheya, Craig R. Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner. 4. The Board of View served Notice of Hearing on Elmer Ritter, James Sheya, Craig R~ Waite, Lynda Waite, and Department of Transportation, Stuart A. Liner, by Certified Mail, Return Receipt requested dated December 14, 2001, A copy of Notice of Hearing and the Return Receipts therefore are attached hereto. 5. On December 14, 2001 Smart Liner, Attorney for Pennsylvania Department of Transportation hand delivered to William A. Duncan, Chairman of the Board of View an origianl time stamped, Stipulation of Settlement, for the above referenced matter. 6. On or about December 18, 2001 William A. Duncan, Chairman of the Board of View, notified by U.S. mail, Elmer Ritter and lames Sheya, that a Stipulation of Settlement for the above referenced matter was filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, on December 14, 2001, thereby void'rog the hearing scheduled for January 14, 2002 The following is the assessment oftbe costs of the Viewers: William A. Duncan, Chairman 4 days ~ $250. O0 $1,000. O0 I Infine Row Certified Mail 31.52 Carlisle, Pa. 17013 Total: $1,031.52 Elmer L. Ritter 712 Market Street Mechanicsburg, Pa. 17055 James P. Sheya 35 East High Street Carlisle, Pa. 17013 Witness our hands and seals this 1 days ~ $125.00 $125.00 1 days ~ $125.00 $125.00 Total Cost of Viewers $1,281.52 day of January 200~1. ~ W 1N RE: CONDEMNATION BY : TI~E COMMONWEALTH OF : I'ENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF : 'FHE RIGHT~OF-WAY FOR : STALE ROUTE 0581, SECTION 104 : IN THE BOROUGH OF CAMP ItlLL : .AND THE TOWNSI~iPS OF : HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER FOR APPOINTMENT OF BOARD OF VIEW AND NOW this,~X~ay of ,2001, upon presentation and consideration of the within Petition it is hereby ordered and decreed that: Craig R. Waite Lynda J. Waite Condemnees Department of Transportation Condemnor Chai~mar~ Board of Viewers By tho Coufi: IN RE: CONDEMNATION BY : THE COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, OF THE : RIGHT-OF-WAY I~OR STATE ROUTE: 0581, SECTION 104 IN Tile : BOROUGH OF CAMP HILT, ~ ~: TOWNSHIPS OF HAMPDEN AND : LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM NOTICE OF VIEW TO: William A. Duncan 1 Irvine Row Carlisle, PA 17013 Elmer L. Ritter 712 S. Market Street Mechanicsburg, PA 17055 James P. Sheya 35 East High Street Carlisle, PA 17013 Craig l~ Waite Lynda Waite 1716 Chatham Road Camp Hill, PA 17011 Commonwealth of Pennsylvania Department of Transportation Stuart A. Liner, Asst. Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, Elmer Ritter and lames Sheya directing them to view the premises of the Condemnees, located at 1716 Chatham Road, Camp Hill, situate in Lower Allen Township, Cumberland County, Pennsylvania, and assess the damages, if any, by virtue of the condemnation by the Commonwealth of Pennsylvania, acting through the Department of Transportation, and that the said Viewers will meet at the premises located at 1716 Chatham Road, Camp Hill, Pennsylvania, October 1, 2001, at 10:00 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Certified MaiI-RRR Sept~nber 12, 2001 By DUNCAN & HARTMAN, P.C. Attorneys at Law 1 Irvine Row Carlisle, PA 17013 DUNCAN & HARTMAN, P.C ........ Attorneys at Law I I~ine Row ---~ ..... Carlisle, PA 17013 ~ '~ DUNCAN & HARTMAN, p.C ............. rr- Attorneys at Law r~ *~ 1 IrVine Row ~ Carlisle, PA 17013 $1 ,,~u DUNCAN & HARTMAN, P.C. A~orneys at ~w ~ Iwine Row ....... Carlisle, PA 17013 l~q RE: CONDEMNATION BY : Ti~ COMMONWEALTH OF : PENNSYLYANIA, DEPARTMENT : OF TRANSPORTATION, OF TI~ : RIGHT-OF-WAY FOR STATE ROUTE: 0~81, SECTION 104 IN ~ : BOROUGH OF CAMP i].I~L AND THE: TOWNS~i]~S OF ]~kMPDEN AND : LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-125 CIVIL EMINENT DOMAIN PROCEEDING IN REM NOTICE OF ItEARING TO: WRliam A. Duncan 1 Inrine Row Carlisle, PA 17013 Elmer L. Ritter 712 S. Market Street Mechanicsbur~, PA 17055 /ames P. Sheya 35 East High Street Carlisle, PA 17013 Craig R. Waite Lynda Waite 1716 Chatham Road Camp Hill, PA 17011 Commonwealth of Pennsylvania Department of Transportation Stuart A. Umer, Asst. Counsel P.O. Box 8212 Harrisburg, PA 17105-g212 NOTICE IS HEREBY GIVEN that the Board of View will hold a hearing in the above captioned case on Monday, Sanuary 14, 2002 at 9:30 A.M., in the 2nd Floor Hearing Room in the Old Court House, in Carlisle, Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania will assign an official Cou~ Reporter to record the proceedings. Should the parties to this proceeding agree to a continuance or rescheduling, you are directed to notify William A. Duncan, Chairman, immediately. William A. Duncan, Esquire R. Fred Hefelfinger Elmer L. Ritter Board of View Certified Mail-RRR December 12, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY FOR STATE ROUTE 0581, SECTION 104, IN THE BOROUGH OF CAMP HILL AND THETOWNSHIPS OF HAMPDEN AND LOWER ALLEN STIPULATION OF SETTLEMENT AND NOW, to wit, this I~ day of December, 2001, it is hereby stipulated and agreed by and between Craig and Lynda WaRe, plaintiffs-eondermaees, and the Commonwealth of Pennsylvania, Depa~u,,ent of Transportation, defendent-conderunor, that the within proceedings are hereby settled and satisfied in the net amount ofTen Thousand Three Hundred Thirty ($10,330.00) Dollars. This sum includes all damages payable under the Eminent Domain Code, 26 P.S. §1-101 et seq., as amended, and the State Highway Law, 36 P.S. §670-1 et seq., as amended, except as set forth below. Inasmuch as Six Thousand Six Hundred ($6,600.00) Dollars has previously been paid on account, the amount payable hereunder as net damages is Three Thousand Seven Hundred Thirty ($3,730.00) Dollars. 1T IS FUTHER STIPULATED AND AGREED: (a) That delay compensation is payable pursuant to Section 611 of the Eminent Domain Code, 26 P.S. §1-611, on the net damages less the payment on accoun~ from October 15, 2001, when possession of the condemned property was relinquished to the Commonwealth. (b) That the condcrnnees shall produce releases for or satisfy of record liens for all taxes and municipal claims assessed against, and all mortgages, judgments and other liens of record against the subject property as of the date of condemnation. (c) That upon delivery of the Commonwealth's check for final payment hereunder, the condemnees shall cause the dockets of these proceedings to be marked satisfied. (d) That the condemnees represent that no other parties have an interest in these damages by virtue of a lease, easement, security agreement or for any other reason, and that if any party shall assert a claim against these funds, or present a claim for damages attributable to an interest in the subject property, and shall receive a final award therefore in such party's favor against the Commonwealth from a Board of Vi(~wers or Cout~ of Record, then the condemnees agree to indemnify and save harmless the Commonwealth from such award, and agree to pay the Commonwealth the amount thereof together with costs and reasonable attomey fees. (e) That the temporary construction easement shall be for a period of two 2 years beginning October 15, 2001 to October 15, 2003 and that the Commonwealth shall pay the condemnees $120.83 per month for evet3r additional month beyond the two-year period for the temporary construction easement and $40.00 p~mt~ for each additional month for camper / / storage fee. / ~/ / Craig ~r rote Condenmee Lynda Condenmee Stuart A. Liner, Esquire Attorney for Commonwealth of Pennsylvania, Department of Transportation Defendant-Conderrmor VS. In the Court of Common Pleas of Cumberland County, Pennsylvania To Prothonotary Attorney for Plaintiff Term, 19 __ vs. Filed PRAECIPE 19 Atty.