HomeMy WebLinkAbout10-2983IN 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, r? N
CUMBERLAND COUNTY, COMMONWEALTH : NO. f y ?3 ?n? • :. ?_ ' -'i
OF PENNNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE +
PENNSYLVANIATURNPIKE BETWEEN ?-
MILEPOSTS 199 AND 227 IN REM
(PARCEL ID NO. 46-18-1394-010) EMINENT DOMAIN
CONDEMNEES: THOMAS WILKINS AND TERESA L. WILKINS,
HUSBAND AND WIFE
DECLARATION OF TAKING
The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for
in the Eminent Domain Code of 2006, Act of May 4, 2006, P.L. 112, No. 34, §1, 26 Pa.C. S.
§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.
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3. This Declaration of Taking was authorized by a Resolution adopted April 20,
2010 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 to construct
the total reconstruction of the Pennsylvania Turnpike between mileposts 199 and 277 and
its requirements.
5. The property condemned is situate in the Township of West Pennsboro,
Cumberland County and consists of 0.247 acres in fee as required right-of-way for
limited access, a partial take. 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 Franklin
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 improvements 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 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 of
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 Pennsylvania
Turnpike Commission's field office located at the Carlisle Interchange, Exit 226 of the
Pennsylvania Turnpike 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".
PENNSYLVANIA TURNP?jE CONMUSSION
By.
Stevens & Lee, P.C.
Mark D. Bradshaw, Esquire
STEVENS & LEE, PC
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 610-371-7362
mdb@stevenslee.com
Our Mission:
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system
PENNA
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 RECONSTRUCTION PROJET BETWEEN MILEPOSTS 199 AND 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 total reconstruction of the Pennsylvania
Turnpike between mileposts 199 and 227 and specifically includes property of Thomas
Wilkins and Teresa L. Wilkins, Right-of-Way No. 3177-D, 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 total reconstruction of the Pennsylvania Turnpike between mileposts
199 and 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 the total reconstruction
of the Pennsylvania Turnpike between mileposts 199 and 227 and specifically includes
property of Thomas Wilkins and Teresa L. Wilkins, Right-of-Way No. 3177-D, 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 between
mileposts 199 and 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.
EXHIBIT "A"
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1-877-736-6727
paturnpike.com
Agenda ftem i4 Vi(i)
AC'FENDA 4/20/2010
PENNSYLVANIA TURNPIKE COMMISSION AGENDA ITEM
Date: April 8, 2010
To: THE PENNSYLVANIA TURNPIKE
L'- VV0TLW~ UIJMWW
From: Jeanmarie McLaughlin, Assistant Cou fll?r0 14-44MUOIAL
Subject: Total Reconstruction, M. P. 199-227
Thomas & Teresa L. Wilkins Auftt t ?aetary WW Tnaunr
R/W 3177-D, a partial take
Funding Source: Operating/Capital Funding WBS# T.214.00T002.4
Sub-Project No. 00-005-RD2V-C
G/L Account No. 68050100
It is recommended that the Commission authorize and approve the following:
In order to construct the milepost 199 to 227 total reconstruction project, it is
necessary to acquire property owned by Thomas Wilkins and Teresa L. Wilkins, husband
and wife (R/W 3177-D), a partial take. The procedures of the Uniform Act have been
followed and a Property Acquisition Resolution is attached.
The property was appraised and negotiations were entered. The negotiations were
not successful. As a result, a Declaration of Taking must be filed and a Resolution is
needed for that purpose.
The Legal Department recommends that the Commission authorize the following:
1. Adoption of the attached Property Acquisition Resolution and execution of
necessary documents;
2. Payment of Estimated Just Compensation in the sum of $10,000.00, payable to
Stevens & Lee, P.C. as escrow agent; and
3. Authorize payment of statutory damages and costs for the land owner as
calculated by the Legal Department and approved by the Chief Executive
Officer.
®Validation Memo attached (if necessary) Sole Source Request attached (if necessary)
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A?rai" ?' UAI? //,6
J t e McLaughlin Doreen A. McCall
tart Counsel Chief Counsel
CONCUR- --`-----
. Brimmeier
Chief Executive Officer
CERTIFICATION
I, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the
Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and
correct copy of an excerpt of the M' of t1ke Meeting of the Pennsylvania Turnpike
Commission, held on the ? day o 2010, in Highspire, Pennsylvania, at
which a quorum was present, and that s id resolution was unanimously adopted.
WITNESS my hand and the Official Seal of said Commission this day of
1) AJk A.D. 2010.
n L use Edmun
Assistant Secretary-Treasurer
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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 : NO.
OF PENNNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227 IN REM
(PARCEL ID NO. 46-18-1394-010) EMINENT DOMAIN
CONDEMNEES: THOMAS WILKINS AND TERESA L. WILKINS, HUSBAND AND WIFE
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.
Sea d with the official seal of the said Commission and dated this a ;2 day of
2010.
ATTEST:
-? 1
i
ise s
ssistant Secretary-Treasurer
PENNSYLVANIA TURNPIKE COMMISSION
By. 4J& '0.
Allen D. Biehler
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
oseph G. Brimmeier
Sworn to and subscribed before
me this Z# y of ?, 1?4 /6
Notary Public
MMMONYYMTH Of PE WMLVMIA
MY COMMISSION EXPIRES: PIOWM sew
Rosemn HeWW, Hoary PUW
Md WOM Bono, DarO* County
My.Cweftm AW 2b, 2011
Member, PaxeArhra t MWdWm of Noarks
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 OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227
(PARCEL ID NO. 46-18-1394-010)
NO.
IN REM
EMINENT DOMAIN
NOTICE TO CONDEMNEES
TO: Thomas Wilkins and Teresa L. Wilkins
425 Dicks Dam Road
New Oxford, PA 17350
,, I.-1 -f-er.4.
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 ony y , 2010, at the above
term and number.
Your property has been condemned by the Pennsylvania Turnpike Commission.
A Condemnation Plan showing the entire property owned and/or occupied by you
and the area condemned along with a property description is also attached.
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:
Stevens & Lee, P.C.
Mark D. Bradshaw, Esquire
STEVENS & LEE, PC
Certificate of Residence is: P.O. Box 67E 76, Harrisburg, PA 17106-7676.
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 610-371-7362
mdb@stevenslee.com
n
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 OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227
(PARCEL ID NO. 46-18-1394-010)
NO. l6?,jyFj3 cv•I
IN REM
EMINENT DOMAIN
CONDEMNEES: THOMAS WILKINS AND TERESA L. WILKINS,
HUSBAND AND WIFE
NOTICE TO MORTGAGEE OF RECORD AND/OR LIENHOLDER OF RECORD
To: Marlin L. Swarner and Janet A. Swarner, husband and wife
6 Burgners Mill Road
Carlisle, PA
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 `1 Zpl o at the above term and number.
The property of Thomas Wilkins and Teresa L. Wilkins, husband and wife has been
condemned by the Pennsylvania Turnpike Commission.
A Condemnation Plan showing the entire property owned and/or Thomas Wilkins and
Teresa L. Wilkins, husband and wife and the area condemned along with a property description
is also attached.
Respectfully submitted,
DATE G' 0 By' Mark D. Bradshaw, Esquire
Stevens & Lee, PC STEVENS & LEE, PC
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 610-371-7362
mdb@stevenslee.com
4. ?b
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 OF THE
PENNSyLVANIATURNPIKB BETWEEN
MILEPOSTS 199 AND 227
(PARCEL ID NO. 46-19-1394-010)
NO. 16 -,lFr3 c,v. I
IN REM
EMINENT DOMAIN
CONDEMNEES: THOMAS WILKINS AND TERESA L. WILKINS,
HUSBAND AND WIFE
NOTICE OF CONDEMNATION
Notice is hereby given that the Pennsylvania Turnpike Commission on
NXf `t , 2010, filed a Declaration of Taking in the above term and
number in an action to condemn the land described in Exhibit "B" of the Declaration of
Taking, which is attached hereto and made a part hereof.
The owners of said land as reasonably known to the Condemnor are: Thomas
Wilkins and Teresa L. Wilkins, husband and wife.
PENNSYLVANIA TURNPIKE COMMISSION
By:
Stevens & Lee, P.C.
Mark D. Bradshaw, Esquire
STEVENS & LEE, PC
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 610-371-7362
mdb@stevenslee.com