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HomeMy WebLinkAbout02-0510IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY TIlE NO. O~- ~'~/O 0..:,-;1 COm O aVEALTH Or PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 4021, SECTION 003, IN THE EMINENT DOMAIN PROCEEDING TOWNSHIP OF WEST PENNSBORO IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAD COURT: This Declaration of Taking, based on the provisions of Article IV, 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 girl, 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 December 20, 2001, titled "Drawings Authorizing Acquisition of Right-of-Way for State Route 4021, Section 003 R/W in Cumberland County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page 136 on January 22, 2002. 5. The purpose of the within condemnation is to acquire property for transportation purposes. 6. A Schedule of Property Condemned identifying and specifying the location of the property hereby condemned is attached hereto and made a part hereof. 7. Plans showing the property hereby condemned may be inspected in the Recorder's Office of the aforesaid County at the places indicated on the attached Schedule of Property Condemned or, if not shown thereon, on the day of the filing of this document being lodged for record or filed in said Recorder's Offices, where they may be inspected. 8. The nature of the title hereby condemned is fee simple and a temporary construction easement. 9. In the event there are recoverable minerals (including gas and oil) within 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 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. I 1. 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, fee simple title and a temporary construction easement are hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. Gary U'. Faw~r, P.E., Chief Right of Way and Utilities Division 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 4021, SECTION 003, IN THE TOWNSHIP OF WEST PENNSBORO 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED REMIS Proj. No. 080084 County Cumberland Fed. Proj. No. 400 2778 117 Municipality West Pennsboro Twp Route-Sec. 4021-003 'Declaration of Taking) 'TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Page lof 1 Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (if any) Description Recorded in 1 21001260000 Arm Warenmaa Arbegast and Sara Ann R Cabinet 3, Vol. 1, Page Arbegast, Joint Tenants With Right of 136, Sheet 4 Survivorship OVv2qER Mailing Address: 1525 Creek Road Carlisle, PA 17013 LOCATION OF PROPERTY: 1525 Creek Road Carlisle, PA 17013 Chester C. Weaver and Esther E. Weaver, his wife Mailing Address: 1450 Creek Road Carlisle, PA 17013 "AS THEIR INTEREST MAY APPEAR" 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 4021, SECTION 003, IN THE TOWNSHIP OF WEST PENNSBORO NO. EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Smart A. Liner, Assistant Counsel, Office of Chief Counsel, Department of Transportation, P.O. Box 8212, Harrisburg, PA 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above- captioned proceedings. Stuart A. Liner Assistant Counsel 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 4021, SECTION 003, IN THE TOWNSHIP OF WEST PENNSBORO NO. 6J- o drERM, 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 on ~-,J,~,~y~ff/,,tooA, was recorded in the office of the Recorder ofDeeds ofthe above county in ,~-~*-~',~ d'~q ,Page(s) 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 D~4s'Inct Righ(o~f Way Administrator Engineering District No. 8-0 RW437(10/99) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED 'Declaration of Taking) 'TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office REMIS Proj. No. 080084 County Cumberland Fed. Proj. No. 400 2778 117 Municipality West Pennsboro Twp Route-Sec. 4021-003 Page lof 1 Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number 'Type of Plan (if any) No. Number Location of Condemned Property (if any) Description Recorded in I 21001260000 Ann Warenmaa Arbegast and Sara Ann ~ R Cabinet 3, Vol. 1, Page Arbegast, Joint Tenants With Right of 136, Sheet 4 Survivorship OWNER ~ Mailing Address: 1525 Creek Road Carlisle, PA 17013 LOCATION OF PROPERTY: 1525 Creek Road Carlisle, PA 17013 Chester C. Weaver and Esther E. Weaver, his wife Mailing Ad. dress: 1450 Creek Road Carlisle, PA 17013 "AS THEIR INTEREST MAY APPEAR" RW432 (03/99) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONV~EALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 4021, SECTION 003 1N THE TOWNSHIP OF WEST PENNSBORO : NO. 02-510 CIVIL TERM, EMINENT DOMAIN PROCEEDING INREM 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 30, 2002, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected thereby in compliance with Article W, Section 405, of the Eminent Domain Code, Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made part hereof. District Right<lf, tWay Administrator Sworn to and subscribed before me Page 1 of 1 COMMONWEALTH OF PENNSYLVANIA RW437 (10/99) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED Declaration of Taking) REMIS Proj. No. 080084 County Cumberland Fed. Proj. No. 4002778 117 Municipality West Pennsboro Twp Route-Sec. 4021-003 REMIS Proj. No. 080084 'TYPE OF DESCRIPTION ~ County Cumberland D- Deed Description Fed. Proj. No. 400 2778 117 P- Plan lodged for recording with Notice Municipality West Punnsboro Twp of Condemnation · Route-Sec· 4021-003 I R- Plan now recorded in Recorder's Office Attached Name, Mailing Address, Property Exhibit Parcel Claim Interest of Condemnees, and Number *Type of Plan (if any) No. Number Location of Condemned Property (if any) Description Recorded in 1 21001260000 Ann Warenmaa Arbegast and Sara Ann R Cabinet 3, Vol. l, Page Arbegast, Joint Tenants With Right of 136, Sheet 4 Survivorship OWNER Mailing Address: 1525 Creek Road Carlisle, PA 17013 LOCATION OF PROPERTY: 1525 Creek Road Carlisle, PA 17013 Chester C. Weaver and Esther E. Weaver, his wife Mailing Address: 1450 Creek Road Carlisle, PA 17013 "AS THEIR INTEREST MAY APPEAR"