HomeMy WebLinkAbout13-0630y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~ 3 ~ 3 ~~ C. ~,GL'-f
EMINENT DOMAIN PROCEEDING
IN REM
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DECLARATION OF TAKING ~ ~ ~+"+ - `
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TO THE HONORABLE
THE JUDGES OF THE SAID COURT: Vic' .- .a
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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
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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
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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
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EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE FOR ENTRY OF APPEARANCE
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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
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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 `°' "
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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
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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
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TOWNSHIP AND THE BOROUGH OF
NEW CUMBERLAND 'T' `—
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CLAIM NO. 2100517000 : NO. 13-630 CIVIL r—=
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PETITION TO DEPOSIT ESTIMATED JUST COMPENSATIOFM=
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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.
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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.
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