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HomeMy WebLinkAbout13-0630y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ 3 ~ 3 ~~ C. ~,GL'-f EMINENT DOMAIN PROCEEDING IN REM -~~ W ~ :w DECLARATION OF TAKING ~ ~ ~+"+ - ` - _ .r ~-} `" % TO THE HONORABLE THE JUDGES OF THE SAID COURT: Vic' .- .a . c.=> ~' , rv This Declaration of Taking, based on the provisions of Chapter 3, Section 302 , of the u. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0083, SECTION 067, IN LOWER ALLEN TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND 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. 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 October 19`h, 2012, titled "Drawings Re-Establishing Limited Access Highway and Authorizing Acquisition of Right-of--Way for State Route 0083 Section 067 R/W in Cumberland County, and State Route 2028 Section 002 R/W, and State Route 2035 Section O1l R/W, also State Route 8213," a copy of which plan was filed in the County Recorder's Office as Instrument number 201240373 on December 28, 2012. 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 maybe 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 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. In the event there are utilities or utility rights of way within the areas of required right of way hereby condemned, the real property rights, if any, of said utilities are hereby excepted and reserved from this condemnation. 11. The payment of just compensation in this matter is secured by the Commonwealth's power of taxation. 12. I, Mark J. Chappell, P.E., Chief, Utilities and Right-of--Way 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 convect 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 properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. ~~ ' Mark J. appell Chief, Utilities and Right-of--Way 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. 080437 COUNTY Cumberland S.R. -SECTION SR 0083-067 MUNICIPALITY Lower Allen Township and Borough of New Cumberland TYPE OF TAKE PT- Partial Take TT- Total Take D- Deed Description 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 Pro a Attached Exhibit Number if an '"Type of Descri tion Plan (if any) Recorded in 2 2100517000 PT Cedar Cliff, L.P. (a Pennsylvania R Instrument Limited Partnership) Number: 201240373 Cloister Shopping, Inc., General Partner Sheet 25 (John E. Davis, President) 2555 Kingston Rd. York, PA 17402-3784 Deed Book 253 Page 2177 Tax Parcel Number: 13-23-0545-346 36 2100519000 PT Eugene O. Kipp, a married man R Instrument Number: 2020 Shoreham Road 201240373 Camp Hill, PA 17011-6137 Sheets 16, 20, 29 Instrument Number: 201005699 Tax Parcel Number: 26-23-0545-001 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 0083, SECTION 067, IN LOWER ALLEN TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND DECLARATION OF TAKING Sean M. Concannon Assistant Counsel in Charge, R/W Supreme Court ID Number 44699 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. 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- WAYFOR STATE ROUTE 0083, SECTION 067, IN LOWER ALLEN TOWNSHIP AND 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 Sean M. Concannon, Assistant Counsel, RlW, Office of Chief Counsel, Deparment 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. ~. S . Concannon Assistant Counsel, R/W Dated: ZI1' ~ 3 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. 080437 COUNTY Cumberland S.R. -SECTION SR 0083-067 MUNICIPALITY Lower Allen Township and Borough of New Cumberland TYPE OF TAKE PT- Partial Take TT- Total Take D- Deed Description 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 Pro a Attached Ezhibit Number if an `#Type of Descri tion Plan (if any) Recorded in 2 2100517000 PT Cedar Cliff, L.P. (a Pennsylvania R Instrument Limited Partnership) Number: 201240373 Cloister Shopping, Inc., General Partner Sheet 25 (John E. Davis, President) 2555 Kingston Rd. York, PA 17402-3784 Deed Book 253 Page 2177 Tax Parcel Number: 13-23-0545-346 36 2100519000 PT Eugene O. Kipp, a marred man R Instrument Number: 2020 Shoreham Road 201240373 Camp Hill, PA 1 701 1-61 37 Sheets 16, 20, 29 Instrument Number: 201005699 Tax Parcel Number: 26-23-0545-001 j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY NO. TERM, 20 THE COMMONWEALTH OF ~3•~,30 CiY~t PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0083, SECTION 067, ~ EMINENT DOMAIN PROCEEDING IN THE LOWER ALLEN TOWNSHIP AND IN REM THE BOROUGH OF NEW CUMBERLAND 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~cblt~y L ~ 3013 ,was recorded in the office of the Recorder of Deeds of the above county inks- No. e~Ot3O~Olo'~ ,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 BY ~j District Righ f-Way Administrator Engin 'ng District 8-0 c~ ~~ rnm ~~ 2 ~' Cn ~ -~~' r~ ~~ t`.' ~ C: .-~ ~„: w -,~ f'z'1 a~ Za. -~' :G~ _..., ~ ~-~ f ~ r.:". ~~7 o: -_+ c ~ "'* i --- ~ -t ~ ~_'. COMMONWEALTH OF PENNSYLVANIA RW-437 (7/07} DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROJ. NO. 080437 COUNTY Cumberland S.R. -SECTION SR 0083-067 MUNICIPALI'T'Y Lower Allen Township and Borough of New Cumberland TYPE OF TAKE PT- Partial Take TT- Total Take Page 1 of 1 r• TYPE OF DESCRIPTION D- Deed Description 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 Pro a Attached Exhibit Number if an "Type of Descri tion Plan (if any) Recorded in 2 2100517000 PT Cedar Cliff, L.P. (a Pennsylvania R Instrument Limited Partnership) Number: 201240373 Cloister Shopping, Inc., General Partner Sheet 25 (John E. Davis, President) 2555 Kingston Rd. York, PA 17402-3784 Deed Book 253 Page 2177 Tax Parcel Number: 13-23-0545-346 36 2100519000 PT Eugene O. Kipp, a married man R Instrument Number: 2020 Shoreham Road 201240373 Camp Hill, PA ] 7011-6137 Sheets t 6, 20, 29 Instrument Number: 201005699 Tax Parcel Number: 26-23-0545-001 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 0083, SECTION 067, IN LOWER ALLEN TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND No. 2013-630 Civil c-a MM1.." l'i I r? cn ? C? c-? EMINENT DOMAIN PROCEEDING IN REM PRAECIPE FOR ENTRY OF APPEARANCE N tJ.1 -e, rv CC) Q c Please enter the appearance of Kandice Kerwin Hull, Jerome P. DeSanto and McNees Wallace & Nurick LLC on behalf of Condemnee, Cedar Cliff, L.P., in the above-referenced matter. McNEES WALLACE & NURICK LLC By 4 Kandice Kerwin Hull I.D. No. 86345 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 ?R J' Dated: February 19, 2013 CERTIFICATE OF SERVICE AND NOW, on this 19th day of February, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Seam M. Concannon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Jerome P. DeSanto IN THE COURT OF COMMON PLEAS OF C C= ;s CUMBERLAND COUNTY, PENNSYLVANIA -vim `°' " =M _U -<D W Mj IN RE: CONDEMNATION BY THE No. 2013-630 Civil °- �, COMMONWEALTH OF ° PENNSYLVANIA, DEPARTMENT ' OF TRANSPORTATION, OF RIGHT- OF-WAY FOR STATE ROUTE 0083, SECTION 067, IN LOWER ALLEN TOWNSHIP AND THE BOROUGH EMINENT DOMAIN PROCEEDING OF NEW CUMBERLAND IN REM PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS WITHOUT PREJUDICE Cedar Cliff, L.P., by and through its undersigned counsel, hereby withdraws the r Preliminary Objections filed by it in the above-captioned proceeding on March 11, 2013 without prejudice. McNEES WALLACE &NURICK LLC Y Kandice Kerwin Hull I.D. No. 86345 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: April 22, 2013 CERTIFICATE OF SERVICE AND NOW, on this 22nd day of April, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Sean M. Concannon, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Jerome P. DeSanto IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0083 : EMINENT DOMAIN PROCEEDING SECTION 067, IN LOWER ALLEN : IN REM c� p TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND 'T' `— —�C> ui C v CLAIM NO. 2100517000 : NO. 13-630 CIVIL r—= C--) CD—rJ p CD PETITION TO DEPOSIT ESTIMATED JUST COMPENSATIOFM= c:) �+a 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 February 6, 2013, the Secretary of Transportation filed a Declaration of Taking in the above-captioned case. 3. Although the condemnee listed on the attached Proposed Schedule of Distribution was offered the full amount of the Commonwealth's estimated just compensation as payment pro tanto of its 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 refused to accept 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. 1, Justin J. Pike, 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 unsworn 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 367, 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, Z tin&J. PA� Assistant Counsel Supreme Court I.D. No.313228 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 upike(a-)-pa.gov 717-787-3128 2 RW-467A (2/13) ROW OFFICE PROJ.NO. 080437 COUNTY Cumberland S.R.-SECTION SR 0083-067 PROPOSED SCHEDULE OF DISTRIBUTION MUNICIPALITY LOWER ALLEN TOWNSHIP PARCEL NO. 2 CLAIM NO. 2100517000 NAME ENCUMBRANCES,TAXES,ETC.S)&ADDRESS(ES)OF ESTIMATED JUST NET DUE TO CONDEMNEE(S); COMPENSATION DATE OF PLACE OF NAME AND ADDRESS RECORD ACTUAL CONDEMNEE LOCATION OF PROPERTY(IES) TYPE RECORD RECORD OF LIENOR AMOUNT DUE AMOUNT DUE Cedar Cliff,L.P.(a Pennsylvania E.J.C. MTG 6/13/05 Cumberland JPMorgan Chase Bank NA $2,900,000.00 Limited Partnership) County 270 Park Avenue,New York, $77,840.00 Recorder of NY 10017 Deeds MTG Cloister Shopping,Inc.,General BK 1914 Partner(John E.Davis,President) PG 2554 2555 Kingston Rd. Commonwealth York,PA 17402-3784 Pro-Rata Share Real Estate Taxes 2013 Not N/A Bonnie K.Miller,Treasurer/Tax $18,955.40 County/ Recorded Collector,2233 Gettysburg (Face) Deed Book 253 Page 2177 $390.00 Local Taxes Road,Camp Hill,PA 17011 Tax Parcel Number: 13-23-0545- 346 Total Subject to possible unliened,unpaid municipal claims and taxes. .CERTIFIED MAIL COUNTY: Cumberland S.R. 0083, SECTION 067 CLAIM NO. 2100517000 COURT DOCKET NO. 13-630 Civil SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Cedar Cliff, L.P. 70121640000052676614 Cloister Shopping, Inc., General Partner Received 4/29/13 John E. Davis, President c/o Kandice Kerwin Hull, Esq. 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1200 JP Morgan Chase Bank, N.A. 70121640000052676577 270 Park Avenue Received 5/1/13 New York, NY 10017 Bonnie K. Miller, Treasurer/Tax Collector 70121640000052676584 2233 Gettysburg Road Received 4/30/13 Camp Hill, PA 17011 IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY, PA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0083 EMINENT DOMAIN PROCEEDING SECTION 067, IN LOWER ALLEN IN REM TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND CLAIM NO. 2100517000 NO. 13-630 CIVIL SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION 1, Justin J. Pike, 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 unsworn falsification to authorities. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, condemnee and interested parties were notified of the Department's intent to pre-sent this Petition to the Cumberland County Court of Common Pleas twenty days after they received said notice. In addition to the notice, the parties received copies of the Petition and the proposed Order. The names and addresses of the condemnee and interested parties and the date and manner of service are noted on the attached Schedule of Interested Parties Notified. Respe ally submitted, (J Wtin J. Pil&,"Esquire ur)r m upreme Court I.D. 313228 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY, PA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0083 EMINENT DOMAIN PROCEEDING SECTION 067, IN LOWER ALLEN IN REM TOWNSHIP AND THE BOROUGH OF NEW CUMBERLAND CLAIM NO. 2100517000 NO. 13-630 CIVIL ORDER GRANTING PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION AND NOW, this day of Ll&&AJZ.,, 2013, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $78,230.00 representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnee and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. C� 17) CD CD BYT U,E-COCIUR R-1) t� C-1 CD HOLD'DOCUMIrNT7 7;LIGHTiTO WRIFY,WATERMARKS. G2-22 1y EOd 08 4445 i 3 02402763 167227 3`1'17 707L FUND DEPT PREP DATE VOUCHER WARRANT D GHCCK ryilM(3R WELLS CARGO BANK c, '� PHILADELPHIA PA` //r ,,,, °" r F�' ",�r,r 04/24/26 13 l )' tQ 1tERlFICATION"AVAILABLE= PQSITIVE PAY' PROTECTED,; anTt o- nP*tt1�I/�SE EN ONU .�.---• TWO IHREE ER CTS CTS VOID AFTER 180 DAYS TO THE ORDER OF 78,23U d0 N CEDAR CLIFF LP OR CUMBERLAND w COUNTY PROTHONOTARY o PENNDOT O OF CC C/O JUSTIN PIKE ASSISTAN PO BOX 8212 0 r t 0 HARRISBURG PA 17105-8212 Robert M McCord PcNNSYLVANIA a' L ?09 ? 26411' 1.03 1100 2 29: 20 ?9 9 50008 60 211` Transaction Receipt MID PENN BANK -,.. Receipt is for Your checking account 1-866-642-7736 midpennbank.com p "`-� i•+'I_ :Lf') iv: utaess otherwise indicated below: I-f E ,by O MMDA 0 Savings a t U N 0 'f ! [i Loan Payment r1 0 Other: t tp)_iL%si ts D C O LI eT� cf Amount of PENSYLV n1 Bank Date/ Tiller Time Transaction Nbr. Transaction 675P17 835 60713#0040 M'30.00 G \ This is you:official trasaction receipt and should be hall until cerined++9th your nest bank dtatement.All deposit transaction'are subject tt terms and conditions printed on the deposit ticket.The detnils of,your transaction are printed above.1,1ember FDIC.Equal Housin_Lender. BRH 1001 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary' s Office Receipt Date 6/07/2013 Carlisle, Pa 17013 Receipt Time 10 : 12 : 26 Receipt No. 291591 PENNSYLVANIA COMMONWWEALTH OF OFFICE OF CHIEF COUNSEL PO BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) Case Number 2013-00630 Received of DEP IN MIDPENN BANK - 06-07-13 ACCT #17003708 - PAYEE #3978 Total Non-Cash. . . . . + 78 , 230 . 00 Check# 57-17097264 Total Cash. . . . . . . . . + . 00 Change . . . . . . . . . . . . . - . 00 Receipt total . . . . . . _ $78 , 230 . 00 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 78 , 230 . 00 PA LIQUOR CONTROL BOARD $78 , 230 . 00 IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA DEPARTMENT OF TRANSPORTATION, OF : RIGHT OF WAY FOR STATE ROUTE 0083 : EMINENT DOMAIN PROCEEDING SECTION 067, IN LOWER ALLEN : IN REM TOWNSHIP AND THE BOROUGH OF • NEW CUMBERLAND CLAIM NO. 2100517000 : NO. 13-630 CIVIL ORDER GRANTING PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION AND NOW, this LI_+t day of L,i/MmAg. , 2013, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $78,230.00 representing the amount of just compensation estimated by the Commonwealth of Pennsylvania, Department of Transportation and the Commonwealth's pro-rata share of real estate taxes due the condemnee and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if available. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. Pe.: � �=Gr � BY T , I UR • °Q✓�n9inoI ovneg. C? LL 4 at;AP05,1\ 3 Aepos i-ea