HomeMy WebLinkAbout13-1132IN 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, A LIMITED ACCESS
HIGHWAY IN THE BOROUGH OF
LEMOYNE
EMINENT DOMAIN PROCEEBIN
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DECLARATION OF TAKING ~ C' --
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TO THE HONORABLE, THE NDGES OF THE SAID COURT:
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This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the
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.
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4. The within condemnation has been authorized by a plan signed by the Secretary
of Transportation on October 19, 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
011 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 may be inspected.
8. The nature of the title hereby condemned is fee simple and temporary
construction easements.
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 Section, 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 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.
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Mark . Cha ell, P.E.
Chief, Utilities and Right-of--Way Section
Page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
RW-437 (7/07) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PRO). NO. 080437
couNTY cumUerlana
S.R. -SECTION SR 0083-067
MUNICIPALTfY 13omugh of Lemoyne
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 Attached
Ezhibit
Number
if an
~~Type of
Descri don
Plan (if any)
Recorded in
54 2100518000 PT City Limit Station, Inc. (a Pennsylvania R Instrument
Corporation) Amrick Dhanota, President Number:
201240373
65 Rooster Lane Sheet 26
Manchester, PA 17345-9102
Deed Book 274 Page 2619
Tax Pazcel Number: 12-22-0824-274A
87 2100515000 PT Shipley Family Limited Partnership (a R Instrument
Pennsylvania Limited Partnership) Number:
201240373
Shipley Holdings, LLC, General Partner Sheet 27
(William Shipley III, CEO/President)
550 East King Street
York, PA 17403-1720
Deed Book 242 Page 560
Tax Pazcel Number: 12-22-0822-217
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. J3 - ~~ 3~- c..,:1
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR STATE
ROUTE 0083, SECTION 067, A LIMITED
ACCESS HIGHWAY IN THE BOROUGH
OF LEMOYNE
DECLARATION OF TAKING
Christopher J. Clements
Asst. Counsel in-Charge, R/W & Environ.
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
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 Borough of Lemoyne
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
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
54 2100518000 PT City Limit Station, Inc. (a Pennsylvania R Instrument
Corporation) Amrick Dhanota, President Number:
201240373
65 Rooster Lane Sheet 26
Manchester, PA 17345-9102
Deed Book 274 Page 2619
Tax Parcel Number: 12-22-0824-274A
87 2100515000 PT Shipley Family Limited Partnership (a R Instrument
Pennsylvania Limited Partnership) Number:
201240373
Shipley Holdings, LLC, General Partner Sheet 27
(William Shipley III, CEO/President)
550 East King Street
York, PA 17403-1720
Deed Book 242 Page 560
Tax Parcel Number: 12-22-0822-217 '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY NO. 3 ~
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THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-
WAY FOR STATE ROUTE 0083,
SECTION 067, A LIMITED ACCESS EMINENT DOMAIN PROCEEDING
HIGHWAY 1N THE BOROUGH OF IN REM
LEMOYNE
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PRAECIl'E TO ENTER APPEARANCE -
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TO THE PROTHONOTARY OF SAID COURT: -< `-~'
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge,
R/W & Environ., 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.
Christopher ents
Assistant Co el in Charge, R/W & Environ.
Dated: o~ ) 9- / 3
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, A
LIMITED ACCESS HIGHWAY IN THE
BOROUGH OF LEMOYNE
NO. ~ 3- (~ 32. Ci v i ~ TERM, 20
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EMINENT DOMAIN PRO INU~' ~'~'
IN REM = ~ _ ~ ,~
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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 MCAX(.~ ``~.(S 13 ,was recorded in the office
of the Recorder of Deeds of the above county in `h,Sk ##~ ~,0 l3 ~ to7 ~{'$~ ,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
District Right- ay Administrator
Enginee ng District 8-0
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 Borough of Lemoyne
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 1 of 1
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
r`Type of
Descri tion
Plan (if any)
Recorded in
54 2100518000 PT Ciry Limit Station, Inc. (a Pennsylvania R Instrument
Corporation) Amrick Dhanota, President Number:
201240373
65 Rooster Lane Sheet 26
~ Manchester, PA 17345-9102
Deed Book 274 Page 2619
Tax Pazcel Number: 12-22-0824-274A
87 2100515000 PT Shipley Family Limited Partnership (a R Instrument
Pennsylvania Limited Partnership) Number:
201240373
Shipley Holdings, LLC, General Partner Sheet 27
(William Shipley III, CEO/President)
550 East King Street
York, PA 17403-1720
Deed Book 242 Page 560
Tax Parcel Number: 12-22-0822-217 '
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA4n Zg -z
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0083 : EMINENT DOMAIN PROCIPIN ;
SECTION 067, A LIMITED ACCESS : IN REM r
HIGHWAY IN THE BOROUGH OF �� �
LEMOYNE vim ,
CLAIM NO. 2100515000 : NO. 13-1132 CIVIL v
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
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 March 1, 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 307, 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,
stin J. ike
Assistant Counsel
Supreme Court I.D. No.313228
Commonwealth of Pennsylvania
Department of Transportation.
P.O. Box 8212
Harrisburg, PA 17105-8212
jupikeCaDpa.gov
717-787-3128
2
RW-467A (2/13) ROW OFFICE PROD.NO. 080437
COUNTY Cumberland
S.R.-SECTION SR 0083-067
PROPOSED SCHEDULE OF DISTRIBUTION MUNICIPALITY LEMOYNE BOROUGH
PARCEL NO. 87
CLAIM NO. 2106515000
NAME(S)&ADDRESS(ES)OF ESTIMATED JUST ENCUMBRANCES,TAXES,ETC, 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
Shipley Family Limited E.J.C. MTG 1/5/2006 Cumberland York Traditions Bank, $1,725,000,00
Partnership(a Pennsylvania County Commercial Lending,235 St.
Limited Partnership) $34,300.00 Recorder of Charles Way,Suite 150,York,
Deeds PA 17402
Instrument
Shipley Holdings,LLC,General Number:
Partner(William Shipley 111, Commonwealth 200600472
CEO/President) Pro-Rata Share
Real Estate Taxes
550 East King Street $358.50 MTG 11n12008 Cumberland York Traditions Bank, $2,150,000.00
York,PA 17403-1720 County Commercial Lending,235 St.
Recorder of Charles Way,Suite 150,York,
Total Deeds PA 17402
Deed Book 242 Page 560 Instrument
Tax Parcel Number: 12-22-0822- Number:
217 200836516
2013 Not N/A Faith A.Nicola,Tax Collector, $5,969.67
County/ Recorded 510 Herman Ave.,Lemoyne,PA (Face)
Local Taxes 17403
Subject to possible unliened,unpaid municipal claims and taxes.
CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0083, SECTION 067
CLAIM NO. 2100515000
COURT DOCKET NO. 13-1132 Civil
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
Shipley Family Limited Partnership 70121640000052676362
Shipley Holdings, LLC, General Partner Received 4/26/13
William Shipley, III, CEO/President
550 E. King Street
York, PA 17403-1720
York Traditions Bank 70121640000052676379
Commercial Lending Received 4/24/13
235 St. Charles Way
Suite 150
York, PA 17402
Faith A. Nicola 70-121640000052676508
510 Herman Avenue Received 4/24/13
Lemoyne, PA 17043
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, A LIMITED ACCESS : IN REM
HIGHWAY IN THE BOROUGH OF
LEMOYNE
CLAIM NO. 2100515000 : NO. 13-1132 CIVIL
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, 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
present 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.
Respectfully submitted,
stin J.046, Esquire
Supreme 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, A LIMITED ACCESS IN REM
HIGHWAY IN THE BOROUGH OF
LEMOYNE
CLAIM NO. 2100515000 NO. 13-1132 CIVIL
ORDER GRANTING PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION,
AND NOW, this 34,0(- day of 2013, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $34,658.50 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.
BY THE COURT:
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