HomeMy WebLinkAbout04-6354
PTOY:IZZI/MEMO Il'av AMD DOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
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IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO. 21-18-1363-062)
CONDEMNEES:
No. 04-6354
COSMO J. ZIZZI, SR. and REFUGIO T. ZIZZI
MEMO OF DEED BOOK VOLUME
On July 5, 2006, NOTICE OF AMENDED CONDEMNATION, in reference to the
captioned action was recorded in the Recorder of Deeds Office of Cumberland County,
Pennsylvania, in Deed Book 728, Page 2847.
Dated: ~ If
/l
, 2006
Sworn to and subscribed before me this
day of
,2006.
Notary Public
HOLLINSHEAD, MENDELSON,
BREZ & NIXON, P.C.
BY , ?~k
William P. Bresnahan, Esquire
David L. Nixon, Esquire
William P. Bresnahan, IT, Esquire
2901 Grant Building
Pittsburgh, PA 15219
(412) 355 7070
Attorneys for the Pennsylvania
Turnpike Commission
PTC41t12zllMEMO D;V AMD DOT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing MEMO OF DEED
BOOK VOLUME were mailed this rf2k' -
day of h
2006, via U.S.
First Class Mail, to the following:
Joseph A. Klein, Esquire
Mark S. Silver, Esquire
Joseph A. Klein, P.C.
550 North Third Street
7th Floor
Harrisburg, PA 17112-1152
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL VANIA, FOR THE
TOT AL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(APARTOFPARCELIDNO.21-18-1363-062) :
NO. 04-l-3S4 (ldl '7--~
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO J. ZIZZI, SR. and RUFUGIO T. ZIZZI
DE CLARA TION OF TAKING
The Pennsylvania Turnpike Commission files this Declaration of Taking as
provided for in Article IV, Section 402 of Act No.6, Special Sessions, P.L. 84, dated
June 22, 1964, and as amended, 1969, December 5, P.L. 316, Sl, 26 P.S. SI-402 (1988) 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
1
necessary or convenient for the construction or efficient operation of the Turnpike,
3. This Declaration of Taking was authorized by a Resolution adopted October
19,2004 by said Condemnor. A copy of said Resolution is attached hereto and made a
part hereof as Exhibit 11 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 for the Total
Reconstruction of the Pennsylvania Turnpike from mile post 214 to 227, which includes
the reconfiguration ofInterchange 226, the Carlisle Interchange, and its requirements.
S. The property condemned is situate in the Township of Middlesex, Cumberland
County and consists of2.286 acres in fee for required right-of-way for limited access, and
0.879 acre as easement for required substitute easement for the Pennsylvania Power and
Light Company, 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
Cumberland County in accordance with Section 404 of the Eminent Domain Code.
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,
2
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 offices of
Salzmann, Hughes & Fishman, P .c., 95 Alexander Spring Road, Suite 3, Carlisle, P A
17013, during regular business hours,
8. The Condemnor files with this Declaration of Taking its Open End Bond
without surety pursuant to Section 403(a) of the Eminent Domain Code of 1964, Just
Compensation is made or secured by the filing of said Bond, attached hereto and made a
part hereof as Exhibit "C".
PENNSYLVANIA TURNPIKE COMMISSION
By: J fU ()j1A b .1v/nuJ9l--
Salzmann, Hughes & Fishman, P. C.
95 Alexander Spring Road, Suite 3, Carlisle, P A
3
Our Mission:
.
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr, and Refugio T. Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway l'econstruction of mile post 214 to 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.
E~"
1-877-736-6727
patl!.lrnpike.com
EXHIBIT "A"
CERTIFICA TION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of pMinutesA the Meeting of the Pennsylvania Turnpike Commission,
held on the ~ - day of6/ll..t , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
10 ~\YlTNESS my hand and the Official Seal of said Commission thiS~ay of
(JL~ A.D. 2004.
&
Rebecca R Troup . ~
Assistant Secretary-Treasurer
Our Mission:
.
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
WHEREAS, in order to facilifate 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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-or-way for the total roadway reconstruction of mile post 214 to 227 shall be
acquired by the Pennsylvania Turnpike Commission by pm'chase or condemnation
under the provision of the Acts or Assembly, in fee simple or such lesser estate as the
Commission shall determine necessary therefore.
E~"
1-877-736-6727
paturnpike.com
EXHIBIT "A"
CERTIFICA nON
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of th~inutes o~ Meeting of the Pennsylvania Turnpike Commission,
held on the /'1- day of Va , , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
j) n :>>'I:rNESS my hand and the Official Seal of said Commission this/9~ay of
(J/~ A.D. 2004.
Lb~~
Rebecca R Troup
Assistant Secretary- TreasUl'er
Our Mission:
.
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system. .
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 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,
~~-=.,
A:;~
EXHIBIT "A"
1-877-736-6727
paturnpike.coltll
CERTIFICA TION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt ofJJ1/~ Minutes 9l7t~e Meeting of the Pennsylvania Turnpike Commission,
held on the/~ day ofMY' ' 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
f/) _ )'IllNESS my hand and the Official Seal of said Commission this I~day of
~ A.D. 2004,
// ' (fl
-ih~~4Jn!.h. <1
Rebecca R Troup .rc.."'~_
Assistant Secretary-Treasure!'
Our Mission:
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
Pennsylvania Turnpike Commission
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specificaJJy includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no, 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 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 shaJJ determine necessary therefore.
EXHIBIT "A"
1-877-736-6727
patu1t'l1pike.com
CERTIFICA TION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt o~Minutes ""he Meeting of the Pennsylvania Turnpike Commission,
held on the - day of(J../rt:i- , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
/)~ W}~NESS my hand and the Official Seal of said Commission thisl9~ay of
~~~~/ A.D. 2004. .
~~/YJ2/
Rebecca R Troup
Assistant Secretary-Treasurer
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL V ANI A, FOR THE
TOT AL RECONSTRUCTION OF THE
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(APART OF PARCEL ill NO, 21-18-1363-062) :
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR. and RUFUGIO T, ZIZZI
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
Exhibit "C"
vk
Sealed with the official seal of the said Commission and dated this /9 --day of
()~
ATT T:
-I.l-UiJc R f)
Rebecca R Troup {~
Assistant Secretary-Treasurer
,2004.
PENNSYLVANIA TURNPIKE COMMISSION
~} Mitchell Rubin
Chairman
By:
Exhibit "C"
"
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
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.
G. Brimmeier
Sworn to and subscribed before
me this
/1 t-A
~-
day of
, 2004.
~ /wMz~
Notary Public ~
MY COMMISSION EXPIRES:
Notarial Seal
Roseann Nebinger, Notary Public
Middletown Bora, Dauphin County
My Commission Expires Apr. 26, 2007
Member, Pennsylvania ASsociation Of Notaries
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IN THE COURT OF COMMON PIJEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION :
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND:
COUNTY, COMMONWEALTH OF
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226:
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO. 21-18-1363-062) :
CONDEMNEES: COSMO J ZIZZI AND REFUGIO T. ZIZZI
NO.OY-v354
c.\.\HL~
IN REM
I~MINENT DOMAIN
MEMORANDUM OF FILING OF NOTICE
TO THE PROTHONOTARY:
Notice of the above-captioned condemnation is recorded in the Recorder of Deeds
of Cumberland County in Deed Book No.~, Page No. c.{c~
~ 0vIU- ~. ~')" -. . ,-",
Steven J. Fishman, ES(~
Supreme Court No.16269
Susann B. Morrison, Esquire
Supreme Court No. 77041
SALZMANN, HUGHES & FISHMAN, P.C.
95 Alexander Spring Road, Ste 3
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorneys for Condemnor
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IN THE COURT OF COMMON Pl,EAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL V ANI A, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ill NOS. 21-18-1363-062) :
NO. Ol.\ - L."35'-\
ClV\ \..... \"Q(tM
lN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR. and REFUGIO T. ZIZZI
NOTICE TO CONDEMNEE~~
TO: Cosmo 1. Zizzi, Sf. and Refugio T. Zizzi
1448 Holly Pike
Carlisle, PA 17011
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 ~6a2- \(\nt ,2004, 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.
PENNSYL VANIA TURNPIKE COMMISSION
By YMadiA b J~jIJI~
Salzmann, Hughes & Fishman, P.e.
95 Alexander Spring Road, Suite 3, Carlisle, P A
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO. 21-18-1363-062)
NO. 04-6354
CIVIL TERM
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR, and REFUGIO T. ZIZZI
PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING
AND NOW, this 28th day of January, 2005, come Condemnees, COSMO J.
ZIZZI, SR., and REFUGIO T. ZIZZI, (hereinafter referred to as "Condemnees"), through
their counsel, JOSEPH A. KLEIN, P.c. and file these Preliminary Objections to the
Declaration of Taking filed to the above-captioned Term and Number pursuant to 26 P.S.
S 1-406 and deny the power and right of the Pennsylvania Turnpike Commission
(hereinafter referred to as "Condemnor") to appropriate any part of their real property and
improvements thereon (hereinafter referred to as "subject property") described in the
instant declaration of taking and the exhibits attached thereto; the propriety of the
procedure followed by the Condemnor; and the validity of the declaration of taking, for
the following reasons as thus far known to Condemnees.
1 . The declaration of taking in the above-captioned matter, a copy of which
IS attached hereto as Exhibit "I", was filed on December 17, 2004, and served on
Condemnees on January 3,2005.
2. Condemnees' property is located in Middlesex Township, Cumberland
COllllty, Commonwealth of Pennsylvania and has an address of 1148 Harrisburg Pike.
3. Paragraph 4 of the declaration of taking provides that:
The purpose of the condemnation is to acquire
property interests for the Total Reconstruction of
the Pennsylvania Turnpike from mile post 214 to 227,
which includes the reconfiguration of Interchange
226, the Carlisle Interchange, and its requirements.
4. The declaration of taking further avers in Paragraph 5 that:
The property condemned is situate in the Township of
Middlesex, Cumberland County and consists of2.286
acres in fee for required right-of-way for limited access,
and 0.879 acre as easement for required substitute easement
for the Pennsylvania Power and Light Company, a partial
take.
5. Paragraph 6 of the declaration of taking sets forth that:
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 surfaces 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 land of the condemnees.
2
6. The site of Condemnor's proposed construction project is within the
Middlesex Township RF-R Residential Farm Zoning District on the north side of the
Pennsylvania Turnpike and the CH-Commercial Highway Zoning District on the south
side of the Turnpike, the latter zoning district being that in which the subject property is
located.
7. The permitted uses within the CH-Commercial Highway Zoning District
of Middlesex Township, are limited by that municipality's zoning ordinance which
provides in Article XIV- Supplementary Regulations, Section 14.15D:
Interchange Development - No stmcture other than
directional signs and/or other traffic control signs
or devices erected by governmental body shall be
erected within two hundred (200) feet of the right-
of-way of any grade separated interchange providing
access to any approach ramp. , . ,
8. The proposed relocation of the Pennsylvania Power and Light Company
poles and lines to a ". . required substitute easement...". as set forth in Paragraph 5 of
the declaration of taking would result in the installation of utility poles and transmission
lines within said easement which would be located within two hundred (200) feet of
Condemnor's proposed right-of-way for a grade separated interchange providing access
to an approach ramp which is in violation of the aforesajd Section 14.15 of said zoning
ordinance since the term "structure" has been defined in Article II-Definitions, Section
2.02-Rules of Interpretation, of this ordinance as "any man-made object having an
ascertainable stationary location on or in land or water, whether or not affixed to the
land."
3
9. For the reasons set forth above any proposed utility poles to be located
within the purported substitute easement of the Pennsylvania Power and Light Company
would be prohibited within said easement area by the Middlesex Township Zoning
Ordinance.
10. Further, although the Pennsylvania Power and Light Company utility
poles as currently located constitute a non-conforming use under Article XV of the
Middlesex Township Zoning Ordinance the same cannot be relocated to the proposed
0.879 acre substitute easement as such use is prohibited by Section IS.OIC of the
ordinance.
II. Alternatively, the relocation of said utility poles would require that a
Special Exception be granted by the Zoning Hearing Board of Middlesex Township,
which has neither been applied for nor secured by Condemnor.
12. The stated purpose of the instant declaration of taking as referenced in
Paragraph 4 includes "the reconfiguration of Interchange 226, Carlisle Interchange, and
its requirements", which proposed use requires under the Middlesex Zoning Ordinance
and its Subdivision and Land Development Ordinance that a land development plan first
be suhmitted for approval of this proposed construction project but Condemnor has failed
to "rrly for the same as noted in a letter attached hereto as Exhibit "2" directed to its
engineering project manager by the zoning officer of Middlesex Township,
13. The uses proposed in Paragraph 6 of the declaration of taking referencing,
inter alia the right to drill for, dig, mine, drain, ventilate, transport, or carry away
minerals, oil or gas along with the right to utilize any of the surface for storing the
materials, disposing of refuse or overburden or to erect any buildings, structures, or
4
fixtures necessary, convenient, or incident thereto do not constitute a permitted use within
Article X Section 10.03 of the Middlesex Township Zoning Ordinance relating to CH-
Commercial Highway District nor would they constitute accessory uses as defined by
Section 10.04 of said ordinance nor as Special Exception uses as provided for in Section
10. 05 of said Zoning Ordinance.
14. F or the reasons set forth above, Condemnor cannot presently utilize the
subject property for the purposes stated in its declaration of taking.
15. Condemnees currently conduct a storage shed sales business on the subject
property as an interim use pending its ultimate utilization for its highest and best
reasonably available uses which would include but not be limited to hotels, motels,
banks, restaurants, vehicle sales and services and retail businesses.
16. The proposed condemnation of Condemnees' property and the relocation
of the utility poles within the easement for the Pennsylvania Power and Light Company
severely restricts Condemnees' ability to continue their current utilization of their
property as well as their subsequent development of the subject property for the
aforementioned commercial uses.
17. An alternative option for relocating the transmission lines and poles of the
Pennsylvania Power and Light Company has been submitted by Condemnees and their
representatives to Condemnor which would eliminate any easement over Condemnees'
property and the accompanying adverse impact on both their current and future uses of
the subject property and would result at the same time in substantial savings in costs to
Condemnor, but the latter has arbitrarily and capriciously refused to consider the same.
5
18. For the reasons set forth in Paragraphs I through 17, above, incorporated
herein by reference, the purported taking by Condemnor of the property of Condemnees
is a gross abuse of discretion by condemnor, and is arbitrary and capricious, as
constituting a taking of more of the condemnees' property than the public need
reasonably requires for the purposes stated in the instant declaration of taking, and is not
in accordance with sound engineering practices consonant with the requirements of due
process oflaw, and is beyond what the public need constitutionally permits.
19. The within preliminary objections to the declaration of taking are filed in
conformity with and pursuant to the procedures required for the same as set forth in
Section 1-406 of the Eminent Domain Code, 26 P.S. S 1.406, which provides in pertinent
part as follows:
"~1-406. Preliminary objections
(a) Within 30 days after bleing served with notice of
condemnation, the condemnee may file preliminary objections
to the declaration of taking. Thl~ court upon cause shown may
extend the time for filing preliminary objections, Preliminary
objections shall he limited to and shall be the exclusive method
of challenging (I) the power or right of the condemnor to
appropriate the condemned property unless the same has been
previously adjudicated; (2) the !mfficiency of the security; (3)
any other procedure followed by the condemnor; or (4) the
declaration of taking. Failure to raise these matters by
preliminary objections shall constitute a waiver thereof.
20. The within preliminary objections are, therefore, not filed pursuant to
Pa. R.C.P. 1017 relating to "pleadings allowed" nor are they subject to the procedural
provisions of the Local Rules governing the practice in the Court of Common Pleas of
Cumberland County, Pennsylvania, but rather are controlIed exclusively by the procedure
6
established by S 1-406 of the Pennsylvania Eminent Domain Code, and the case law
decided thereunder.
21. Condemnees reserve the right to amend these Preliminary Objections
insofar as may be appropriate in connection with any information developed by them as a
result of discovery to be undertaken in connection with these proceedings.
WHEREFORE, Condemnees, COSMO 1. ZIZZI and REFUGIO T, ZIZZI
respectfully request that this Honorable Court declare the purported taking of their
property void and of no effect and order a revesting of title in said Condemnees to their
property purportedly condemned by Condemnor and to assess an award against said
Condemnor and in favor of the condemnees for damages under the provisions of S 1-406
and S 1-408 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, Art. IV, 26 PS
ss 1-406 and 1-408, as amended.
Respectfully Submitted,
JOSEPH A KLEIN, p,c.
l!~ -()1t
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Mark S. Silver, Esquire
J.D. No, 09825
BY:
Date: January 28, 2005
e-A~. ,'\~~. vtJ
BY. . '-Y , . ~Xf'-
Jo*ph A Klein, Esquire
ul. No, 07082
500 North Third Street, 7th Floor
Harrisburg, PA 17112-1152
(717) 233-0132
Attorneys for Condemnees
Cozmo 1. and Refugio T. Zizzi
7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL VANIA, FOR THE
TOT AL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO. 21-18-1363-062) :
NO. eY"I-{."j~Y eOlC-T't:JZ..,
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO J, ZIZZI, SR. and RUFUGIO T. ZIZZI
:,"]
DECLARA nON OF TAKING
The Pennsylvania Turnpike Commission files this Declaration of Taking a~,
provided for in Article IV, Section 402 of Act No.6, Special Sessions, P.L. 84,jatei~
.... l.-_~
June 22,1964, and as amended, 1969, December 5, P.L 316, !iI, 26 P.S. !i1-402 (1988) and
respectfully declares the following:
L 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
EXHIBIT
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necessary or convenient for the construction or efficient operation of the Turnpike.
3, This Declaration of Taking was authorized by a Resolution adopted October
19, 2004 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 for the Total
Reconstruction of the Pennsylvania Turnpike from mile post 214 to 227, which includes
the reconfiguration ofInterchange 226, the Carlisle Interchange, and its requirements.
5. The property condemned is situate in the Township of Middlesex, Cumberland
County and consists of 2.286 acres in fee for required right-of-way for limited access, and
0.879 acre as easement for required substitute easement for the Pennsylvania Power and
Light Company, 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
Cumberland County in accordance with Section 404 of the Eminent Domain Code.
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,
2
.
.
-'
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 offices of
Salzmann, Hughes & Fishman, P.c., 95 Alexander Spring Road, Suite 3, Carlisle, PA
17013, during regular business hours
8. The Condemnor files with this Declaration of Taking its Open End Bond
without surety pursuant to Section 403(a) of the Eminent Domain Code of 1964. Just
Compensation is made or secured by the filing of said Bond, attached hereto and made a
part hereof as Exhibit "C".
PENNSYLVANIA TURNPIKE COMMISSION
By ~jti(lJU,- b. A/hi LJk
Salzmann, Hughes & Fishman, p,c.
95 Alexander Spring Road, Suite 3, Carlisle, PA
TRUE COPY FROM RECORD
In T'estimony whereof. I here unto set my hand
and the seal of said Court at Carlisle. Pa.
This .....1.2....... pay of....~...... '~
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ProthonotaIY /
"
Our Mission:
Pennsylvania Turnpike Commi3sion
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First SUl'erhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE IU:QUIRED PROPERTY FOR
~ RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 TUl'llpike, which project now
before the Commission consists of the total roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 227;
Now
THEREFORE,
BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is
hereby resolved by authority of the same, that the acqUlisition of required property by
purchase or condemnation according to law is authol'ized for this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo.J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway ,'econstl'Uction of mile post 214 to 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.
E:ZRrIs.= '
1-877-736-6727
paturnpike.com'
EXHIBIT "A"
..
CERTIFICA nON
I, REBECCA R. TROUP, Assistant Secretary,Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of ~lVIinut~ the Meeting of the Pennsylvania Turnpike Commission,
held on the t. -'day 0 -/ , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
~ my hand and the Official Seal of said Commission thiS~ay of
LVI A.D. 2004.
L~
Rebecca R. Troup
Assistant Se,cretary- Treasurer
.'
Our Mission:
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
Pennsylvania Turnpike Commission
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
"RIGHT,OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
WHEREAS, in order to facilifate 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 roadway re.construction of mile post 214 to
227 and specifically includes property of Cosmo J, Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, 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 location of the total roadway reconstmction of mile post 214 to 227;
Now
THEREFORE,
BE IT RESOLVED by the Pennsylvania Tumpike 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 authoriized for this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no, 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstmction of mile post 214 to 227 shall be
acquired by the Pennsylvania Turnpike Commission by pUl'chase or condemnation
under the provision of the Acts of Assembly, in fee simple or such lesser estate as the
Commission shall determine necessary therefore.
E~"
1-877-736-6727
paturnpike.com
EXHIBIT "A"
,'.
CERTIFICATION
I, REBECCA R. TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of th~inutes W Meeting of the Pennsylvania Turnpike Commission,
held on the /"1- "day of ;, 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
/J( )jVITNESS my hand and the Official Seal of said Commission this/~ay of
~~ A.D. 2004.
L.
Rebecca R. Troup
Assistant SI:cretary- Treas!lI'er
"
Our Mission:
Pennsylvania Turnpike Commhsion
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system. .
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE Rl~QUIRED PROPERTY FOR
. RIGHT-OF-WAY BY PURCHASI!': FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway n:construction of mile post 214 to
227 and specifically includes property of Cosmo J, Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 3208-C, a partial take;
WHEREAS, the Pennsylvania Depal'tment 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically inclndes property of Cosmo J.
Zizzi, Sr. and Refugio T, Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the propl~rty necessary for the required
right-of-way for the total roadway I'econstrnction of mile post 214 to 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.
A;;"~~"
.&'~ -
EXHIBIT "A"
1-877-736-6727
paturnpike.com
.'
CERTIFICA TION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of ~e, Minute~.the Meeting of t~e P~nnsy.lvania Turnpik~ Commi~sion,
held on the~'_ 'day of -/ , 2004, III Hlgh~;plre, Pennsylvama, at whIch a
quorum was present, and that said resolution was unanimously adopted.
/!J;-MNESS my hand and the Official Seal of said Commission this/~day of
<. A.D. 2004.
,}
~:;/J
Rebecca R Troup
Assistant Sl:cretary- Treasarer
"
Our Mission:
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway rl:construction of mile post 214 to
227 and specifically includes property of Cosmo J. :lizzi, Sr. and Refugio T. Zizzi,
hnsband and wife, Right of Way no. 3208-C, a partial take;
WHEREAS, the Pennsylvania Department of Transportation as reqnired by
Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. ~ 652a) as amended,
has approved the location of the total roadway reconstruction of mile post 214 to 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 loequired property by
purchase or condemnation according to law is authorized for this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the prope:rty necessary for the required
right,of-way for the total roadway reconstmction of mile post 214 to 227 shall be
acquired by the Pennsylvania Turnpike Commission by purchase or condemnation
nnder the provision of the Acts of Assembly, in fee simple or such lesser estate as the
Commission shall determine necessary therefore.
JE!.~_=..
&7~=
EXHIBIT "A"
1-877-736-6727
paturnpike.com
.'
CERTIFICATION
I, REBECCA R. TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoin:~ to be a true and correct copy of
an excerpt ~Minute~he Meeting of the Pennsylvania Turnpike Commission,
held on the - .,day of U. , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted,
Ptt:iTNESS my hand and the Official Seal of said Commission this/9Wday of
- J n -' A.D. 2004.
jJ~
-.//.1 4 I .rilL/, . '!iA~rfJ
~ Troup ,
Assistant Sl~cretary- 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 MIDDLESEX, CUMBERLAND
COUNTY, COI\.1MONWEALTH OF
PENNNSYL V ANIA.~ FOR THE
TOT AL RECONSTRUCTION OF THE
PENNSYL VANIA TURNPIKE FROM
MlLE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ill NO. 21-18,1363-062) :
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR and RUFUGIO T. ZIZZI
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 conclemned 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.
Exhibit "C"
.'
lJ V/~
/7 ~ day of
Sealed with the official seal of the said Commission and dated this
'2t:h~ fA-,
ATT9T:
, ~
./' /
;it/4th' '.", '{i-
Rebecca R. Troup ,
Assistant Secretary-Treasurer
,2004.
PENNSYLVANIA TURNPIKE COMMISSION
1/lJt-
1- M",hell Rub',
Chairman
By:
Exhibit "C"
--......
.'
".
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
Joseph G. Brinuneier, being duly slworn according to law,
deposes and says that he is the Chief E:xecutive Officer of the
Pennsylvania Turnpike COIllIIlission and makEls 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 be,st of his information,
knowledge and belief.
~
BriIllIIleier
Sworn to and subscribed before
me this 11M..
fk!..,WI.{i
day of
, 2004.
!Z(UIYf- ffi{V7'1fL
Notary Public
MY COMMISSION EXPIRES:
Notarial Seal
Roseann Nebinger, Nc;ary Public
Midclfelooo Boro, Dau~nin County
My Commission Expires ,',pro 26, 2007
Member. Pennsylvania Associot!orl Of Notaries
," . ., ',' "
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'* Jf 1727 *
~.:
*-l<1~9Jf
~~NS"~
MIDDLESEX ~rOWNSHIP
350N.MIDDLESEXROAD,SUITE 1. CARLlSLE,PA 17013. 249-4409or795.%31 . FAX249-8564
Board of SupervlsolS:
DonaJd S. Geistwhlte, Jr.. ChaJ1es W. Shughart. Victor P. Stabile
Municipal Secretary:
Mary G. Justh
Zoning Officer:
Mark D. Carpenter
To: Mr. Arden S.iGle, Project Manager
..
Buchart Horn, Inc.
445 West Philadelphia Street
PO Box 15040
York, PA 17405-7040
Also by email toakile@bh-ba.com
Re: Review of Stonnwater Management Report for Reco:nstruction of
Entrance and Exit Ramps at the Carlisle Interchange ,of the Pennsylvania Turnpike
Located in Middlesex Township, Cumberland County, Pennsylvania
Dear Mr. Kile,
I am writing in my capacity as Zoning Officer for Middlesex Township in reply to the
above report you delivered to theTownship Office on December 27, 2004, I have initially
reviewed the report. The report details engineering for stonnwater improvements proposed to
accommodate runoff from a proposed construction project tel reconstruct and realign entrance
and exit ramps of the Pennsylvania Turnpike at the Carlisle Interchange, Exit #226, The majority
of the proposed construction project is located west of the toll booths and would also involve a
new bridge structure over the turnpike to accommodate the realigned entrance and exit ramps,
The site of the proposed construction project is within the Middlesex Township RF-Residential
Farm Zoning District on the north side ofthe turnpike and inl the CH-Commercial Highway
Zoning District on the south side of the turnpike.
I have discussed the proposed construction project with the Township Board of
Supervisors and the Township Solicitor. After initial review, it is my detennination that
improvements proposed by the construction project do constitute land development as defined in
the Township Zoning Ordinance and the Township Subdivision and Land Development
Ordinance (hereafter SLDO), Therefore, the Pennsylvania Turnpike Commission must submit a
land development plan for the proposed construction project in accordance with requirements in
the SLDO. The stonnwater management report must also be submitted as supporting
documentation for the land development plan.
'i,,,"~-'
~,l 4_+.
It is my opinion that, in the interest of protecting health, safety and welfare of the general
public, the Township would want to review the land development plan in detail for at least the
following items; possible downstream stonnwater impacts to adjacent properties and the Leton
page I of2
EXHIBIT
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Spring Run, required landscaping or other buffering between the project and adjacent
properties, and for possible light glare impacts from propos~id high rise light standards at the
realigned ramps. In addition, the Township has had ongoing problems caused by truck drivers
exiting the turnpike and going south on US II rather than north on US II to truck services areas,
and may want to review that proposed signage is adequate to direct these vehicles in the proper
direction to avoid highway accidents and damage to private and public property when the trucks
attempt to turn around along US II to head north towards trucking facilities, .
I am enclosil;tg information on plan submittal, including an application, fee schedule,
meeting schedule add'plan submission schedule. The land d1evelopment plan for the proposed
construction project must also be submitted for review by the Cumberland county Planning
Commission, Cumberland County Conservation District and the Letort Regional Authority.
In order for the proposed Pennsylvania Turnpike, Carlisle Interchange construction
project to proceed, an application for land development plan approval for the project must be
prepared in accordance with the requirements of both the and Subdivision and Land
Development Ordinance and the Zoning Ordinance, and submitted to Middlesex Township for
consideration. Please contact me at the Township office if you have questions about this matter,
or if you need more information on the plan submittal process.
Cc: Board of Supervisors
Township Solicitor
Township Engineer
Township Chief of Police
Sincerely,
/fb,.A. ~~:..
Mark D. Carpenier
Zoning Officer
page 2 of2
....,.
~~
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VERIFICA nOl'[
The undersigned, Cosmo J, Zizzi, Sr., and Refugio Zizzi, hereby verity
and state that:
1. They are the Condemnees named herein.
2. The facts set forth in the foregoing Preliminary Objections to
Declaration of Taking are true and correct to the best of their knowledge, information and
belief; and
3. They are aware that false statements herein are made subject to the
penalties of 10 Pa. C.S. Section 2904, relating to unsworn falsification to authorities.
<i') "
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I AAJ A,
Refugio lZZI
D", J, 7 tP
"-
:tit::;
Date .,( 1 C~ ()'7
?Yff
CERTIFICATE OF SERVICE
I, JOSEPH A. KLEIN, ESQUIRE, attorney for Condemnees, Cosmo 1. Zizzi, Jr.,
and Refugio T. Zizzi do hereby certify that on this date, I served the foregoing
PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING by having
placed a true and correct copy of same in the United States Mail, postage prepaid,
deposited at Harrisburg, Pennsylvania and addressed to counsel for Condemnor,
Pennsylvania Turnpike Commission as follows:
Susann B. Morrison, Esquiire
SALZMAN, HUGHES & FISHMAN, P.c.
95 Alexander Spring Road
Suite 3
Carlisle, PA 17013
Respectfully Submitted,
JOSEPH A. KLEIN, P.c.
Date: January 28, 2005
I
RY^)'K"-<'o ^
\ osep A. Klein, Esquire
.D. No. 07082
500 North Third Street, 7th Floor
Harrisburg, PA 17112-1152
(717) 233-0132
Attorneys for Condemnees
8
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IN THE COURT OF COMMON PIL.EAS
CUMBERLAND COUNTY, PENNSYJLV ANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYLVANIA, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO. 21-18-1363-062)
NO. 04-6354
CIVIL TERM
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO ], ZIZZI, SR. AND REFUGIO T. ZIZZI
PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS
TO THE DECLARATION OF TAKING
AND NOW, this 15'h day of February, 2005, comes the Pennsylvania Turnpike
Commission and files these Preliminary Objections to the Preliminary Objections To
Declaration of Taking filed in the above-captioned matter:
1. The contents of Preliminary Objection Number 1. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S. 9] -406,
2. The contents of Preliminary Objection Number 2, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S. 9]-406,
3, The contents of Preliminary Objection Number 3, are factual averments,
not Preliminary Objections, and are not permitted under the: Pennsylvania Eminent
Domain Code, 26 P.S. 9]-406.
4, The contents of Preliminary Objection Number 4. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S. ~1-406,
5. The contents of Preliminary Objection Number 5, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, ~1-406.
6, The contents of Preliminary Objection Number 6. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S. ~ 1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P ,S. ~ I -406,
7, The contents of Preliminary Objection Number 7, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P .S, ~ 1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P.S, ~ I -406.
8, The contents of Preliminary Objection Number 8. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S, ~1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P .S, ~ I -406,
9, The contents of Preliminary Objection Number 9, are factual averments,
not Preliminary Objections, and are not permitted under the: Pennsylvania Eminent
Domain Code, 26 P.S, 91-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P.S, 91-406.
10, The contents of Preliminary Objection Number 10, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P .S, 91-406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, 91,406.
II. The contents of Preliminary Objection Number II. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P .S, 91-406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
PelU1sylvania Eminent Domain Code, 26 P.S, SI,406.
12, The contents of Preliminary Objection Number 12, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, SI-406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S. 91-406,
]3. The contents of Preliminary Objection Number 13, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P ,s, 9 I -406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P.S. 91-406.
14. The contents of Preliminary Objection Number 14. constitute legal
conclusions, which are not Preliminary Objections, and are not permitted under the
Pennsylvania Eminent Domain Code, 26 P.S. 91-406. Furthermore, an issue regarding
compliance with a township's zoning ordinance is not a Preliminary Objection permitted
under the Pennsylvania Eminent Domain Code, 26 P,S, 91-406,
15, The contents of Preliminary Objection Number 15, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S, 91-406,
16. The contents of Preliminary Objection Number 16, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S. 91-406, Furthermore, Number 16, raises an issue regarding
valuation of the subject property and, as such, is not a Preliminary Objection permitted
under the Pennsylvania Eminent Domain Code, 26 P,S, 91-406,
17, The contents of Preliminary Objection Number 17. are factual averments,
not Preliminary Objections, and are not permitted under the P'~nnsylvania Eminent
Domain Code, 26 P,S, 91-406, To the extent a response is required, the averment that the
Pennsylvania Turnpike Commission "arbitrarily and capriciously" refused to consider
alternative options for relocating the lines and poles of Pennsylvania Power and Light is
specifically denied. Furthermore, technical decisions regarding engineering are left
solely to the Pennsylvania Turnpike Commission and are not subject to challenge by the
property owner.
18. The contents of Preliminary Objection Number 18, constitute legal
conclusions and factual averments, which are not Preliminary Objections, and are not
permitted under the Pennsylvania Eminent Domain Code, 26 P,S, ~ 1-406, To the extent
a response is required, the averments are specifically denied,
19, The contents of Preliminary Objection Number 19, are a recitation ofthe
Pennsylvania Eminent Domain Code, 26 P .S, ~ 1-406, and are not Preliminary Objections
permitted under the Pennsylvania Eminent Domain Code, 26 P,S. ~ 1-406.
20, The contents of Preliminary Objection Number 20, constitute legal
conclusions, which are not Preliminary Objections, and are not permitted under the
Pennsylvania Eminent Domain Code, 26 P .S. S 1-406.
21. The contents of Preliminary Objection Number 21. constitute legal
conclusions and factual averments, which are not Preliminary Objections, and are not
permitted under the Pennsylvania Eminent Domain Code, 26 P,S. S 1-406.
WHEREFORE, it is respectfully requested that the Court schedule a hearing to
consider these Preliminary Objections or dismiss the Preliminary Objections to the
Declaration of Taking filed by Condemnees, as they are not Preliminary Objections
permitted under the Pennsylvania Eminent Domain Code, 26 P,S. S 1-406.
Respectfully submitted,
JLruu-- L~ ~
SALZMANN HUGHES P.C,
Susann B, Morrison, Esquire
Supreme Court No, 77041
95 Alexander Spring Road, Ste 3
Carlisle, PA 17013
(717) 249-6333
(717) 249-7334 (f)
VERIFICATION
The Pennsylvania Turnpike Commission and !, as its counsel, base the foregoing
document upon information that has been gathered in preparation of this action, ! have
read the statements made in this document and they are true and correct to the best of my
knowledge, information and belief ! understand that false statements herein made are
subject to the penalties of 18 Pa,C,S.A. ~ 4904, relating to Unsworn Falsification to
Authorities,
Date: February 15, 2005
tUJ!!.~f}:J!k~
CERTIFICATE OF SERVICE
I, Susann B. Morrison, do hereby certifY that I am this day serving a true and
correct copy of the Preliminary Objections to Preliminary Objections to the Declaration
of Taking upon the person, and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with
the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as
follows:
Joseph A. Klein, Esquire
P,O. Box 1152
Harrisburg, PAl 71 08
Respectfully submitted,
SALZMANN HUGHES P.C,
By:JkuJ-6,~
Susann B, Morrison, Esquire
Superior Court No. 77041
95 Alexander Spring Road, Ste 3
Carlisle, P A 17013
(717) 249-6333
Date: February 15,2005
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO. 21-18-1363-062)
NO, 04-6354
CIVIL TERM
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO J, ZIZZI, SR. and REFUGIO T. ZIZZI
MOTION TO STRIKE PRELIMINARY OBJECTIONS TO PRELIMINARY
OBJECTIONS TO THE DECLARATION OF TAKING
AND NOW, this ''i!!'day of March, 2005, come Condemnees Cosmo J. Zizzi, Sr"
and Refugio T. Zizzi who file this Motion to Strike the Preliminary Objections filed by
Condemnor, Pennsylvania Turnpike Commission to Condemnees' Preliminary
Objections to the Declaration of Taking in the above-captioned matter and set forth the
following in support thereof:
I. A Declaration of Taking was filed by Condemnor in the above-captioned
matter on December 17, 2004 and served on Condemnees on January 3, 2005. A copy of
said Declaration of Taking is attached hereto as Exhibit" I" and is incorporated herein by
reference.
2. Condemnees Zizzi filed timely Preliminary Objections to the aforesaid
Declaration of Taking on January 28, 2005. A copy of said Preliminary Objections is
attached hereto as Exhibit "2" and is incorporated herein by reference.
3. On February 15, 2005 Condemnor Pennsylvania Turnpike Commission
filed a "pleading" captioned PRELIMINARY OBJECTIONS TO PRELIMINARY
OBJECTION TO THE DECLARATION OF TAKING. A copy of said document is
attached hereto as Exhibit "3" and is incorporated herein by reference.
4. Paragraph I through and including Paragraph 18, Paragraph 20 and 21 of
Condemnor's Preliminary Objections allege that the corresponding numbers in
Condemnees' Preliminary Objections constitute "factual averments, not Preliminary
Objections, and are not permitted under the Pennsylvania Eminent Domain Code, 26
PS~]-406".
5. Section 1-406 of the Pennsylvania Eminent Domain Code, 26 P.S, ~1-406
provides that the filing of Preliminary Objections is the exclusive method of challenging
a declaration of taking and does not provide any mechanism for filing, as Condemnor has
in the instant action, "Preliminary Objections to Preliminary Objections to the
Declaration of Taking."
6. In the comments accompanying Section 1-406 of the Eminent Domain
Code the Joint State Government Commission in its 1964 report provides that "This
section simplifies and clarifies the procedure for challenging a condemnation effectuated
by a declaration of taking by providing an exclusive method which must be utilized
within the prescribed time."
7. Arguendo, even if there were a procedural mechanism for Condemnor to
challenge Condemnees' Preliminary Objection by filing Preliminary Objections,
2
Condemnor's Preliminary Objections have improperly alleged that, "factual averments...
are not permitted under the Pennsylvania Eminent Domain Code, 26 P.S. 9 1-406,"
8. To the contrary, the provisions of Section 1-406 of the Pennsylvania
Eminent Domain Code clearly contemplate that factual averments would be contained in
Preliminary Objections and specifically provide in Section 1-406 (e) that "If an issue of
fact is raised, the court shall take evidence by depositions or otherwise."
9. Accordingly, Condemnor's Preliminary Objections to Condemnees'
Preliminary Objections to the Declaration of Taking constitutes a pleading which fails to
conform to law or rule of court and should be stricken and the parties hereto should be
directed to appropriately proceed under the provisions of Section 1-406 of the
Pennsylvania Eminent Domain Code,
10. Prior to filing the instant Motion to Strike, Condemnees' counsel afforded
counsel for Condemnor the opportunity to withdraw her Preliminary Objections for the
reasons articulated above, but she has refused to do so requiring this matter to be
submitted for judicial determination. A copy of the letter forwarded to Condemnor's
counsel is attached hereto as Exhibit "4" and is incorporated herein by reference.
WHEREFORE, Condemnees Cosmo 1. Zizzi, Sr., and Refugio T, lizzi
respectfully request this Court to enter an Order striking the pleading filed by
Condemnor, Pennsylvania Turnpike Commission and captioned as "PRELIMINARY
OBJECTIONS TO PRELIMINARY OBJECTIONS TO THE DECLARATION OF
TAKING" and direct the parties to proceed in accordance with the provisions of Section
3
1-406 of the Pennsylvania Eminent Domain Code, 26 P.S. ~1-406 for a determination of
Condemnees' Preliminary Objections to the Declaration of Taking.
Respectfully Submitted,
JOSEPH A. KLEIN, P.c.
BY:
~~
Mark S. Silver, Esquire
LD. No. 09825
Date 3{ '-t 10;;-
~
BY:
~ '<M'a;r.~
rios' ph N. Klein, Esquire
L . No. 07082
\ 0 North Third Street, 7th Floor
Harrisburg, P A 17112-1152
(717) 233-0132
Attorneys for Condemnees
Cozmo 1. and Refugio T. Zizzi
4
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL VANIA, FOR THE
TOT AL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ill NO. 21-18-1363-062) :
NO. CYI-{.,.jSI.j eUi.C-TVL/
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR. and RUFUGIO T. ZIZZI
n
DECLARA nON OF TAKING
The Pennsylvania Turnpike Commission files this Declaration of Taking a!!:"
provided for in Article IV, Section 402 of Act No, 6, Special Sessions, P.L. i4,:~atedJ
:) r'J
..... L.;
June 22, 1964, and as amended, 1969, December 5, P.L. 316, 91, 26 P.S. 91,402 (1988) and
respectfully declares the following:
l. 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, 17]06-
7676.
2. The Pennsylvania Turnpike Commission is authorized and empowered by
Section 6 of the Act of May 21, 1937, P.L. 774, No. 2ll, as amended, to acquire by
condemnation any lands, rights, easements, franchises and other property deemed
EXHIBIT
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necessary or convenient for the construction or efficient operation of the Turnpike.
3. This Declaration of Taking was authorized by a Resolution adopted October
19, 2004 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 for the Total
Reconstruction of the Pennsylvania Turnpike from mile post 214 to 227, which includes
the reconfiguration ofInterchange 226, the Carlisle Interchange, and its requirements.
5. The property condemned is situate in the Township of Middlesex, Cumberland
County and consists of2.286 acres in fee for required right-of-way for limited access, and
0.879 acre as easement for required substitute easement for the Pennsylvania Power and
Light Company, 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
Cumberland County in accordance with Section 404 of the Eminent Domain Code.
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,
2
,
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 offices of
Salzmann, Hughes & Fishman, P.e., 95 Alexander Spring Road, Suite 3, Carlisle, PA
17013, during regular business hours.
8. The Condemnor files with this Declaration of Taking its Open End Bond
without surety pursuant to Section 403(a) of the Eminent Domain Code of 1964. Just
Compensation is made or secured by the filing of said Bond, attached hereto and made a
part hereof as Exhibit "C".
PENNSYLVANIA TURNPIKE COMMISSION
By: \AJa/L~ b. A/hi LJ~
Salzmann, Hughes & Fishman, P.c.
95 Alexander Spring Road, Suite 3, Carlisle, P A
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa;
This .,...D,...,... pay of....~..... .~
,........,.......~~...~,..~~~
Prothonotall /
3
Our Mission:
To operate
and manage
a safel reliable,
cost effective
and valued
toll road
system.
Pennsylvania Turnpike Commi5sion
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
WHEREAS, in ordel' to facilitate vehicular traffic within and across the
Commonwealth, the Pennsylvania Turnpike Commission is authorized and
empowered to construct, operate and maintain the Tumpike, which project now
before the Commission consists of the total roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J, Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 320S-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo.J.
Zizzi, Sr, and Refugio T. Zizzi, husband and wife, Right of Way no. 320S-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 227 shall be
acquired by the Pennsylvania Tumpike 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.
.E~~'
1-877-736-6727
paturnpike.com'
EXHIBIT "A"
CERTIFICATION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of~Minut~ the Meeting of the Pennsylvania Turnpike Commission,
held on the 1.6 - day 0 :/ , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted,
~ my hand and the Official Seal of said Commission thiS~ay of
LV~ A.D,2004.
LA;;.
Rebecca R Troup ~
Assistant Secretary-Treasurer
Our Mission:
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
WHEREAS, in order to facilifate 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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refngio T. Zizzi,
husband and wife, Right of Way no. 320S-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 320S-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 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.
E~'
1-877-736-6727
patu!'npike.com
EXHIBIT "A"
,.
CERTIFICATION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Tnrnpike Commission, do hereby cel1ify the foregoing to be a true and correct copy of
an excerpt of th~inutes :at Meeting of the Pennsylvania Turnpike Commission,
held on the 1'1- day of " 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
~TNESS my hand and the Official Seal of said Commission this/~ay of
~ A.D. 2004.
La/~
Rebecca R Troup
Assistant Secretary- Treas!.ll'er
Our Mission:
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system. .
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 320S-C, a partial take;
WHEREAS, the Pennsylvania Depal1ment 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refngio T. Zizzi, husband and wife, Right of Way no. 320S-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway J'econstruction of mile post 214 to 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.
A!!!'..~_-
A;;;~
EXHIBIT "A"
1-877-736-6727
paturnpike.com
CERTIFICA TION
I, REBECCA R TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt of ~e. Minute~.the Meeting of the Pennsylvania Turnpike Commission,
held on the~.- day of :I , 2004, in Highspire, Pennsylvania, at which a
quorum was present, and that said resolution was unanimously adopted.
~NESS my hand and the Official Seal of said Commission this~day of
Z A.D. 2004.
(J A:
~/~ 1-/1) '~f!-
Rebecca R Troup .
Assistant Secretary- TreasareJ'
Our Mission:
Pennsylvania Turnpike Commission
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
America's First Superhighway
RESOLUTION
AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J. Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way no. 320S-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way no. 320S-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 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.
~~- --
. a,. ~'"
. -
EXHIBIT "A"
1-877-736-6727
p3turnpike.com
CERTIFICATION
I, REBECCA R. TROUP, Assistant Secretary-Treasurer of the Pennsylvania
Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of
an excerpt ~Minute~he Meeting oft~e P~nnsy.lvania Turnpik~ Commi~sion,
held on the - day of ft:t. , 2004, II1 Hlghsplre, Pennsylvama, at which a
quorum was present, and that said resolution was unanimously adopted.
tJMTNESS my hand and the Official Seal of said Commission this/9~ay of
J u. / A.D. 2004. .
1ft;
i~-:.~up' 'lJa/~
Assistant Secretary-Treasurer
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNNSYL VANIA, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ill NO. 21-18-1363-062) :
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR, and RUFUGIO T. ZIZZI
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.
Exhibit "C"
Sealed with the official seal of the said Commission and dated this
{Jt:"W j7~
ATT~;h
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,/ /
11j4.~(U .' .{l-
Rebecca R Troup
Assistant Secretary-Treasurer
,2004.
/JVk
/7 -dayof
PENNSYLVANIA TURNPIKE COMMISSION
By' ~"b'" Rub.. ........
Chairman
Exhibit "C"
"
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
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.
Brimmeier
Sworn to and subscribed before
me this /1 'f-A
fkl)/JJ.t( _
day of
, 2004.
~<U.kM'- 1ul/vr~L
Notary Public
MY COMMISSION EXPIRES:
Notarial Seal
Roseann Nebinger, Notary Public
Middletown Bora. Dauphin County
My Commission Expires ""r. 26. 2007
Member. Pennsylvania Assqgation Of Notaries "1
~,:,'3i~ C~j= j I \:7 I r ~.J
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE COMMISSION
OF PROPERTY LOATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY,CO~ONWEALTHOF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO, 21-18-1363-062)
NO, 04-6354
CIVIL TERM
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IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO J, ZlZZI, SR, and REFUGlO T, ZlZZI
PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING
AND NOW, this 28th day of January, 2005, come Condemnees, COSMO J,
ZlZZ1, SR" and REFUGIO T, ZlZZI, (hereinafter referred to as "Condemnees"), through
their counsel, JOSEPH A. KLEIN, P,C, and file these Preliminary Objections to the
Declaration of Takirig filed to the above:-captioned Term and Number pursuant to 26 P,S,
S 1-406 and deny the power and' right of the Pennsylvania Turnpike Commission
(hereinafter referred to as "Condemnor") to appropriate any part of their real property and
improvements thereon (hereinafter referred to as "subject property") described in the
instant declaration of taking and the exhibits attached thereto; the propriety of the
procedure followed by the Condemnor; and the validity of the declaration of taking, for
the following reasons as thus far known to Condemnees,
1, The declaration of taking in the above-captioned matter, a copy of which
is attached hereto as Exhibit "1", was filed on December 17, 2004, and served on
Condemnees on January 3,2005,
EXHIBIT
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2. Condemnees' property is located in Middlesex Township, Cumberland
County, Commonwealth of Pennsylvania and has an address of 1148 Harrisburg Pike,
3. Paragraph 4 of the declaration of taking provides that:
,
~
The purpose of the condemnation is to acquire
property interests for the Total Reconstruction of
the Pennsylvania Turnpike from mile post 214 to 227,
which includes the reconfiguration of Interchange
226, the Carlisle Interchange, and its requirements,
4, The declaration of taking further avers in Paragraph 5 that:
The property condemned is situate in the Township of
Middlesex, Cumberland County and consists of2,286
acres in fee for required right-of-way for limited access,
and 0,879 acre as easement for required substitute easement
for the Pennsylvania Power and Light Company, a partial
take.
5, Paragraph 6 of the declaration of taking sets forth that:
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 surfaces 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 land of the condemnees,
2
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6. The site of Condemnor's proposed construction project is within the
Middlesex Township RF-R Residential Farm Zoning District on the north side of the
Pennsylvania Turnpike and the CH-Commercial Highway Zoning District on the south
side of the Turnpike, the latter zoning district being that in which the subject property is
located,
..
7,
The permitted uses within the CH-Commercial Highway Zoning District
of Middlesex Township, are limited by that municipality's zoning ordinance which
provides in Article XIV- Supplementary Regulations, Section 14,15D:
Interchange Development - No structure other than
directional signs and/or other traffic control signs
or devices erected by governmental body shall be
erected within two hundred (200) feet of the right-
of-way of any grade separated interchange providing
access to any approach ramp....
8. The proposed relocation of the Pennsylvania Power and Light Company
poles and lines to a ".., required substitute easement ..,", as set forth in Paragraph 5 of
the declaration of taking would result in the installation of utility poles and transmission
lines within said easement which would be located within two hundred (200) feet of
Condemnor's proposed right-of-way for a grade separated interchange providing access
to an approach ramp which is in violation of the aforesaid Section 14.15 of said zoning
ordinance since the term "structure" has been defined in Article II-Definitions, Section
2.02-Rules of Interpretation, of this ordinance as "any man-made object having an
ascertainable stationary location on or in land or water, whether or not affixed to the
land,"
3
.
.
,
,.
;
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9, For the reasons set forth above any proposed utility poles to be located
within the purported substitute easement of the Pennsylvania Power and Light Company
would be prohibited within said easement area by the Middlesex Township Zoning
Ordinance,
la, Furtper, although the Pennsylvania Power and Light Company utility
poles as currently located constitute a non-conforming use under Article XV of the
Middlesex Township Zoning Ordinance the same cannot be relocated to the proposed
0.879 acre substitute easement as such use is Prohibited by Section 15,OlC of the
ordinance,
11, Alternatively, the relocation of said utility poles would require that a
Special Exception be granted by the Zoning Hearing Board of Middlesex Township,
which has neither been applied for nor secured by Condemnor.
12, The stated purpose of the instant declaration of taking as referenced in
Paragraph 4 includes "the reconfiguration of Interchange 226, Carlisle Interchange, and
its requirements", which proposed use requires under the Middlesex Zoning Ordinance
and its Subdivision and Land Development Ordinance that a land development plan first
be submitted for approval of this proposed construction project but Condemnor has failed
to apply for the same as noted in a letter attached hereto as Exhibit "2" directed to its
engineering project manager by the zoning officer of Middlesex Township,
13. The uses proposed in Paragraph 6 of the declaration of taking referencing,
inter alia the right to drill for, dig, mine, drain, ventilate, transport, or carry away
minerals, oil or gas along with the right to utilize any of the surface for storing the
materials, disposing of refuse or overburden or to erect any buildings, structures, or
4
'.
"
fixtures necessary, convenient, or incident thereto do not constitute a permitted use within
Article X Section 10,03 of the Middlesex Township Zoning Ordinance relating to CH-
Commercial Highway District nor would they constitute accessory uses as defined by
Section 10.04 of said ordinance nor as Special Exception uses as provided for in Section
10. 05 of said Zoning Ordinance.
~
14, For the reasons set forth above, Condemnor cannot presently utilize the
subject property for the purposes stated in its declaration of taking,
15, Condemnees currently conduct a storage shed sales business on the subject
property as an interim use pending its ultimate utilization for its highest and best
reasonably available uses which would include but not be limited to hotels, motels,
banks, restaurants, vehicle sales and services and retail businesses.
16, The proposed condemnation of Condemnees' property and the relocation
of the utility poles within the easement for the Pennsylvania Power and Light Company
severely restricts Condemnees' ability to continue their current utilization of their
property as well as their subsequent development of the subject property for the
aforementioned commercial uses.
17, An alternative option for relocating the transmission lines and poles of the
Pennsylvania Power and Light Company has been submitted by, Condemnees and their
representatives to Condemnor which would eliminate any easement over Condemnees'
property and the accompanying adverse impact on both their current and future uses of
the subject property and would result at the same time in substantial savings in costs to
Condemnor, but the latter has arbitrarily and capriciously refused to consider the same,
5
18, For the reasons set forth in Paragraphs 1 through 17, above, incorporated
herein by reference, the purported taking by Condemnor of the property of Condemnees
is a gross abuse of discretion by condemnor, and is arbitrary and capricious, as
constituting a taking of more of the condemnees'. property than the public need
reasonably require~ for the purposes stated in the instant declaration of taking, and is not
....
in accordance with sound engineering practices consonant with the requirements of due
process of law, and is beyond what the public need constitutionally permits,
19, The within preliminary objections to the declaration of taking are filed in
conformity with and pursuant to the procedures required for the same as set forth in
Section 1-406 of the Eminent Domain Code, 26 P.S, ~ 1-406, which provides in pertinent
part as follows:
"~ 1-406. Preliminary objections
(a) Within 30 days after being served with notice of
condemnation, the condemnee may file preliminary objections
to the declaration of taking. The court upon cause shown may
extend the time for filing preliminary objections. Preliminary
objections shall be limited to and shall be the exclusive method
of challenging (1) the power or right of the condemnor to
appropriate the condemned property unless the same has been
previously adjudicated; (2) the sufficiency of the security; (3)
any other procedure followed by the condemnor; or (4) the
declaration of taking. Failure to raise these matters by
preliminary objections shall constitute a waiver thereof.
20, The within preliminary objections are, therefore, not filed pursuant to
Pa,R,C.P, 1017 relating to "pleadings allowed" nor are they subject to the procedural
provisions of the Local Rules governing the practice in the Court of Common Pleas of
Cumberland County, Pennsylvania, but rather are controlled exclusively by the procedure
6
.
'.
.
established by S 1-406 of the Pennsylvania Eminent Domain Code, and the case law
decided thereunder,
21. Condemnees reserve the right to amend these Preliminary Objections
insofar as may be appropriate in connection with any information developed by them as a
- . .
. result of discovery to be undertaken in connection with these proceedings,
WHEREFORE, Condemnees, COSMO J. ZIZZI and REFUGIO T. ZIZZI
respectfully request that this Honorable Court declare the purported taking of their
property void and of no effect and order a revesting of title in said Condemnees to their.
property purportedly condemned by Condemnor and to assess an award against said
Condemnor and in favor of the condemnees for damages under the provisions of S 1-406
and S I -408 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, Art, IV, 26 PS
SSl-406 and 1-408, as amended.
Respectfully Submitted,
JOSEPH A, KLEIN, P,C,
BY: lJ~)~
Mark S, Silver, Esquire
1.0. No, 09825
Date: January 28, 2005
BY:
~
o ph A. Klein, Esquire
. No, 07082
500 North Third Street, 7th Floor
Harrisburg, PA 17112-1152
(717) 233-0132
Attorneys for Condemnees
Cozmo J. and Refugio T. Zizzi
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f'RUE(C9~Y( FRPM Re;cpRO
In T estinio!1Y wnef~" here unto set !It IlInO
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7
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYL VANIA, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO, 21-18-1363-062)
NO, 04-6354
CIVIL TERM
C:'
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IN REM "
EMINENT DOMAIN '.. .
._;,
CONDEMNEES:
COSMO 1. ZIZZI, SR. AND REFUGIO T, ZIZZI
PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS
TO THE DECLARATION OF TAKING
AND NOW, this 15th day of February, 2005, comes the Pennsylvania Turnpike
Commission and files these Preliminary Objections to the Preliminary Objections To
Declaration of Taking filed in the above-captioned matter:
1, The contents of Preliminary Objection Number 1, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S, 91-406.
2. The contents of Preliminary Objection Number 2, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, 91-406.
3, The contents of Preliminary Objection Number 3, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, 91-406.
EXHIBIT
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4, The contents of Preliminary Objection Number 4, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S, Sl-406,
5. The contents of Preliminary Objection Number 5, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, Sl-406,
6, The contents of Preliminary Objection Number 6, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, Sl-406, Furthennore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection pennitted under the
Pennsylvania Eminent Domain Code, 26 P ,S, S 1-406,
7, The contents of Preliminary Objection Number 7. are factual avennents,
not Preliminary Objections, and are not pennitted under the Pennsylvania Eminent
Domain Code, 26 P.S, S 1-406, Furthennore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection pennitted under the
Pennsylvania Eminent Domain Code, 26 P,S, SI-406.
8. The contents of Preliminary Objection Number 8, are factual averments,
not Preliminary Objections, and are not pennitted under the Pennsylvania Eminent
Domain Code, 26 P.S: S 1-406, Furthennore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection pennitted under the
Pennsylvania Eminent Domain Code, 26 P ,S, S 1-406,
9, The contents of Preliminary Objection Number 9, are factual avennents,
not Preliminary Objections, and are not pennitted under the Pennsylvania Eminent
Domain Code, 26 P,S. ~ 1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, S 1-406,
10, The contents of Preliminary Objection Number 10, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P ,S, S 1-406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S. ~ 1-406,
1 L The contents of Preliminary Objection Number 11. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S. S 1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P.S, S 1-406,
12, The contents of Preliminary Objection Number 12. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P ,S, ~ 1-406. Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, S 1-406,
13, The contents of Preliminary Objection Number 13, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S. ~ 1-406, Furthermore, an issue regarding compliance with a
township's zoning ordinance is not a Preliminary Objection permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, 91-406.
14. The contents of Preliminary Objection Number 14, constitute legal
conclusions, which are not Preliminary Objections, and are not permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, S 1-406, Furthermore, an issue regarding
compliance with a township's zoning ordinance is not a Preliminary Objection permitted
under the Pennsylvania Eminent Domain Code, 26 P ,S. S 1-406,
15, The contents of Preliminary Objection Number 15. are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, SI-406,
16, The contents of Preliminary Objection Number 16, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P,S, Sl-406. Furthermore, Number 16. raises an issue regarding
valuation of the subject property and, as such, is not a Preliminary Objection permitted
under the Pennsylvania Eminent Domain Code, 26 P.S. S 1-406,
17, The contents of Preliminary Objection Number 17, are factual averments,
not Preliminary Objections, and are not permitted under the Pennsylvania Eminent
Domain Code, 26 P.S. SI-406, To the extent a response is required, the averment that the
Pennsylvania Turnpike Commission "arbitrarily and capriciously" refused to consider
alternative options for relocating fhe lines and poles of Pennsylvania Power and Light is
specifically denied. Furthermore, technical decisions regarding engineering are left
solely to the Pennsylvania Turnpike Commission and are not subject to challenge by fhe
property owner.
18, The contents of Preliminary Objection Number 18, constitute legal
conclusions and factual averments, which are not Preliminary Objections, and are not
permitted under the Pennsylvania Eminent Domain Code, 26 P,S, ~1-406. To the extent
a response is required, the averments are specifically denied,
19, The contents of Preliminary Objection Number 19, are a recitation of the
Pennsylvania Eminent Domain Code, 26 P ,S, ~ 1-406, and are not Preliminary Objections
permitted under the Pennsylvania Eminent Domain Code, 26 P.S, ~ 1-406,
20, The contents of Preliminary Objection Number 20. constitute legal
conclusions, which are not Preliminary Objections, and are not permitted under the
Pennsylvania Eminent Domain Code, 26 P,S, ~ 1-406,
21, The contents of Preliminary Objection Number 21, constitute legal
conclusions and factual averments, which are not Preliminary Objections, and are not
permitted under the Pennsylvania Eminent Domain Code, 26 P,S, ~ 1-406,
WHEREFORE, it is respectfully requested that the Court schedule a hearing to .
consider these Preliminary Objections or dismiss the Preliminary Objections to the
Declaration of Taking filed by Condemnees, as they are not Preliminary Objections
permitted under the Pennsylvania Eminent Domain Code, 26 P ,S, ~ 1-406,
Respectfully submitted,
JLaJU-& ~
SALZMANN HUGHE p,c.
Susann B. Morrison, Esquire
Supreme Court No, 77041
95 Alexander Spring Road, Ste 3
Carlisle, PA 17013
(717) 249-6333
(717) 249-7334 (f)
VERIFICATION
The Pennsylvania Turnpike Commission and I, as its counsel, base the foregoing
document upon infomlation that has been gathered in preparation of this action, I have
read the statements made in this document and fhey are true and correct to the best of my
knowledge, information and belief. I understand fhat false statements herein made are
subject to the penalties of 18 Pa,C,S.A. S 4904, relating to Unsworn Falsification to
Authorities,
Date: February 15, 2005
Jkaup !!it:u);[JJ~
Susann B, Morrison, sq,
CERTIFICATE OF SERVICE
I, Susann B, Morrison, do hereby certifY that I am this day serving a true and
correct copy of the Preliminary Objections to Preliminary Objections to the Declaration
of Taking upon the person, and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with
the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as
follows:
Joseph A. Klein, Esquire
P.O, Box 1152
Harrisburg, PA 17108
Respectfully submitted,
SALZMANN HUGHES P,C,
BY:
JLdJU-;b, ~
Susann B, Morrison, Esquire
Superior Court No, 77041
95 Alexander Spring Road, Ste 3
Carlisle, PA 17013
(717) 249-6333
Date: February 15,2005
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYL VANIA, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURA TION OF INTERCHANGE 226,
THE CARLISLE INTERCHANGE
(A PART OF PARCEL ID NO, 21-18-1363-062)
NO. 04-6354
CIVIL TERM
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO J. ZIZZI, SR, AND REFUGIO T, ZIZZI
ORDER OF COURT
AND NOW, to wit, this _ day of
, 2005, upon consideration
of the foregoing Preliminary Objections to Preliminary Objections to the Declaration of
Taking, it is ordered that the Preliminary Objections to the Declaration of Taking filed by
Condemnees are hereby dismissed and the Preliminary Objections to the Preliminary
Objections to the Declaration of Taking be sustained,
BY THE COURT,
J,
JOSEPH A. KLEIN, P.e.
AnORNEYS AT LAw
POST OFFICE Box 1152
HARRISBURG, P A 17108
JOSEPH A. KLEIN
MARK S. SILVER
(717) 233-0132
FAX: (717) 233-2516
February 17, 2005
Susann B, Morrison, Esquire
SALZMANN, HUGHES, P,C,
95 Alexander Spring Road
Suite 3
Carlisle, P A 17013
VIA FACSIMILE AND
FffiST CLASS U.S. MAIL
RE: COSMO 1. ZIZZI, SR., and REFUGIO T. ZIZZI,
CONDEMNEES V.PENNSYLVANIA TURNPIKE
COMMISSION, CONDEMNOR,
NO.: 04-6354 (Cumber/and County)
PRELIMINARY OBJECTIONS TOPRELIMINSARY
OBJECTIONS TO DECLARATION OF TAKING
Dear Ms, Morrison:
We are puzzled by the "Preliminary Objection to Preliminary Objections to the
Declaration of Taking" filed by you on February 15,2005.
As you should be aware, the Pennsylvania Eminent Domain Code does not
provide for this type of pleading, See 26 P,S, 91-406 of the Code.
It appears that you are somehow attempting to utilize the provisions ofPa, R,C,P,
rather than adhere to the exclusive procedures provided by the Pennsylvania Eminent
Domain Code,
As to your curious allegations that factual averments are not permitted under
Section 1-406 of the Pennsylvania Eminent Domain Code, allow me to refer you to
subsection ( e) which provides that "If an issue offact is raised the court shall take
evidence by depositions or otherwise",
EXHIBIT
I
4
S, Morrison, Esquire
February 17, 2005
Page 2
Accordingly, we will afford you five (5) days to withdraw this spurious pleading
before we take appropriate action to have it stricken and seek counsel fees,
If you have any questions, please do not hesitate to contact me,
Very truly yours,
JAKJdp
^ ,~J;)O~
~
,j
CERTIFICATE OF SERVICE
I, JOSEPH A KLEIN, ESQUIRE, attorney for Condemnees. Cosmo J, Zizzi, Jr.,
and Refugio T. Zizzi do hereby certify that on this date, I served the foregoing MOTION
TO STRIKE PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS
TO THE DECLARATION OF TAKING by having placed a true and correct copy of
same in the United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania
and addressed to counsel for Condemnor, Pennsylvania Turnpike Commission as
follows
Susann B. Morrison, Esquire
SALZMAN, HUGHES & FISHMAN, P.c.
95 Alexander Spring Road
Suite 3
Carlisle, P A ] 70 13
Respectfully Submitted,
JOSEPH A KLEIN, P.c.
Date ~q {O'G
BY:
J seph . ein, Esquire
I D. No. 07082
o North Third Street, 7th Floor
Harrisburg, P A 17112-1152
(717) 233-0132
Attorneys for Condemnees
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06354 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TURNPIKE COMMISSION PENNSYLVAN
VS
ZIZZI COSMO J SR
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within DECLARATION OF TAKING
was served upon
ZIZZI COSMO J SR
the
CONDEMNEE
, at 1212:00 HOURS, on the 3rd day of January ,2005
at 1448 HOLLY PIKE
CARLISLE, PA 17013
by handing to
COSMO ZIZZI SR
a true and attested copy of DECLARATION OF TAKING
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.70
.00
10.00
.00
31.70
r~~~~
R. Thomas Kllne .
01/05/2005
SALZMANN HUGHES FISHMAN
Sworn and Subscribed to before By:
...
me this ;2'./'?9-
day of
.,
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lA~ JOlJ'J A.D.
lh~~~~'
rot onotary I
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06354 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TURNPIKE COMMISSION PENNSYLVAN
VS
ZIZZI COSMO J SR
JASON VIORAL
I Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvanial who being duly sworn according to lawl
saysI the within DECLARATION OF TAKING
was served upon
ZIZZI RUFUGIO T
the
CONDEMNEE
I at 1212:00 HOURS I on the 3rd day of January I 2005
at 1448 HOLLY PIKE
CARLISLE I PA 17013
by handing to
COSMO ZIZZI SRI HUSBAND
a true and attested copy of DECLARATION OF TAKING
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline'
01/05/2005
SALZMANN HUGHES FISHMAN
Sworn and Subscribed to before
By:
~
y Sheriff
me this .2'-1E: day of
L~ Jt'1l,{ '- A.D.
( )~__.LJ Q, ~ IJtI~
;lp othonotary , 7-1
PT('1~)EIlCiVPRAECJPE FORAPP
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A P ART OF PARCEL
ID NO. 21-18-1363-062)
CONDEMNEES:
COSMO J. ZIZZI, SR. AND REFUGIO T,
ZIZZI
CIVIL ACTION
No, 04-6354
PRAECIPE FOR APPEARANCE
IN REM
EMINENT DOMAIN
FILED ON BEHALF OF:
The Pennsylvania Turnpike Commission,
Defendant/Condemnor
COUNSEL OF RECORD FOR THIS
PARTY:
William p, Bresnahan, Esquire
Pa, J.D. No, 00119
William P. Bresnahan, 11, Esquire
Pa, J.D. No, 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P.c.
2901 Grant Building
330 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Firm ID No, 628
Prf':liDEITCHiPRAECIPEFOR APP
.' . .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONF1GURA TION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF
PARCEL ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO J. ZIZZI, SR. AND REFUGIO
T. ZlZZI
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NO, 04-6354
CIVIL TERM
IN REM
EMINENT DOMAIN
PRAECIPE FOR APPEARANCE
TO: Prothonotary, Cumberland County
Please enter the appearance of William P. Bresnahan, Esquire, William p, Bresnahan, II,
Esquire and Hollinshead, Mendelson, Bresnahan & Nixon, P .c., on behalf of The Pennsylvania
Turnpike Commission, Defendant/Condemnor in connection with the above-referenced matter.
/. .
DATE /J4'YV/, Z/) '/< 'J
Respectfully submitted,
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P.C.
BY
....., J./ _:~ ,....:;> ,/
/~d~~., / (~P7"'--/-~
William P. Bresnahan
William P. Bresnahan, II
2901 Grant Building
Pittsburgh, PA 15219
Attorneys for The Pennsylvania
Turnpike Commission
p'r('.l'~EITCH"'PRAEC]PE FOR APP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR
APPEARANCE was mailed this 21" day of March, 2005, byU.S. Mail, First Class, Postage Prepaid,
to the following parties:
Joseph A. Klein, Esquire
P.O, Box 1152
Harrisburg, P A 17108
.0/<00-, ? ~~
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.PTC41ZIZZlfAMENDED DOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO], ZIZZI, SR. AND REFUGIO T,
ZIZZI
CIVIL ACTION
No, 04-6354
AMENDED DECLARATION OF
TAKING
FILED ON BEHALF OF: Pennsylvania
Turnpike Commission
COUNSEL OF RECORD FOR THIS
PARTY:
William p, Bresnahan, Esquire
Pa, 1.0, No. 00119
David L. Nixon, Esquire
Pa, 1.0, No, 10707
William p, Bresnahan, II, Esquire
Pa, 1.0, No, 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P,C.
2901 Grant Building
310 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Firm ID No, 628
. ,PTC4IZIZZIIAMENDEO OOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX,
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA,
FOR THE TOTAL RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 to 227, INCLUDING
RECONFIGURA TION OF INTERCHANGE
226, THE CARLISLE INTERCHANGE (A
PART OF PARCEL II? NO, 21-18-1363-062)
)
)
)
)
)
)
)
)
)
)
)
)
No, 04-6354 CIVIL TERM
CONDEMNEES:
COSMO J, ZIZZI, SR. and REFUGIO T. ZIZZI
AMENDED DECLARATION OF TAKING
The Pennsylvania Turnpike Commission files this Amended Declaration of Taking as provided for
in Article N, Section 402 of Act No, 6, Special Sessions, P ,L. 84, dated June 22, 1964, and as amended, 1969,
December 5, P,L. 316, ~1, 26 P,S, ~1-402 (1988) and respectfully declares the following:
1. The Co'ndemnor is the Pennsylvania Turnpike Commission, an instrumentality of the
Commonwealth ofPen'nsylvania, 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 ofthe 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,
3, On December 17, 2004, Condemnor filed a Declaration of Taking in an action to condemn
property situate in the Township of Middlesex, Cumberland County and consisting of2,286 acres in fee for
1
, ,:!C4IZIZZIIAMENDED DOT
required right-of-way for limited access, and 0,879 acre as easement for a required substitute easement for
the Pennsylvania Power and Light Company, a partial take,
4. Since the filing of the Declaration of Taking, Condemnor and Condemnees have agreed that
the language of the Declaration of Taking needs to be clarified in its description of the substitute easement
for the Pennsylvania Power and Light Company and the permitted future use of the surface of the land located
on the substitute easement under the overhead electrical lines,
5, Pursuant to a Stipulation to Amend Declaration of Taking entered into between Condemnor
and Condemnees, Condemnor was granted permission to file an Amended Declaration of Taking, to be
effective as of December 17, 2004, so as to amend the Declaration of Taking to clarify in its description of
the substitute easement for Pennsylvania Power and Light Company the permitted future uses of the surface
of the land located on said substitute easement.
6, This Amended Declaration of Taking was authorized by a Resolution adopted May 10, 2006,
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.
7, The purpose of the condemnation is to acquire property interest for the Total Reconstruction
ofthe Pennsylvania Turnpike for mile post 214 to 227, which includes the reconfiguration of Interchange 226,
the Carlisle Interchange, and its requirements,
8, The property condemned is situate in the Township of Middlesex, Cumberland County and
consists of 2,286 acres in fee for required right-of-way for limited access, and 0,879 acre as easement for
required substitute easement for the Pennsylvania Power and Light Company, 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 file with
2
,. ,PTC4lZIZZI/AMENDEODOT
the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance
with Section 404 of the Eminent Domain Code,
9. The nature of the title hereby condemned for the 2,286 acres for required right-of-way for
limited access is fee simple absolute.
10, The nature of the title hereby condemned for the 0,879 acre for required substitute easement
for the Pennsylvania Power and Light Company is: (i) an easement in the surface, subsurface and air rights
sufficient for Pennsylvhnia Power and Light Company to construct, maintain, repair, operate and remove
overhead transmission and/or distribution electric lines, together with the necessary poles, anchors, guy wires
and other apparatus, in connection therewith; and, (ii) the prohibition ofCondemnees' right to use the surface
of the substitute easement for (a) the construction of any house, barn or other structure thereon; and, (b) the
storage of inflammable or explosive materials of any kind thereon.
11, A plan showing the condemned property may be inspected at the offices SA! Consulting
Engineers, Inc" 20 Erford Road, #110, LeMoyne, P A during regular business hours,
12, The Condemnor files with this Declaration of Taking its Open End Bond without surety
pursuant to Section 403(a) of the Eminent Domain Code of 1964, Just compensation is made or secured by
the filing of said Bond, attached hereto and made a part hereof as Exhibit "C",
PENNSYLVANIA TURNPIKE COMMISSION
DATE
sh.~/oj,
BY
*~?~
William p, Bresnahan, Esquire
David L. Nixon, Esquire
William, Bresnahan, II, Esquire
Hollinshead, Mendelson, Bresnahan &
Nixon, P,C,
2901 Grant Building, 310 Grant Street
Pittsburgh, PA 15219
3
Our Mission:
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system.
"
''I
it
Pennsylvania Turnpike Commission
Amerka's First SlIperhighUNIl
RESOLUTION
AUTHORIZING THE ACQUlSmON OF THE REQUIRED PROPERTY FOR
RIGHT-OF-WAY BY PURCHASE FOR THE
TOTAL RECONSTRUCTION OF
MILE POST 214 to 227
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 roadway reconstruction of mile post 214 to
227 and specifically includes property of Cosmo J, Zizzi, Sr. and Refugio T. Zizzi,
husband and wife, Right of Way No. 3208-C, 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 location of the total roadway reconstruction of mile post 214 to 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 this the total roadway
reconstruction of mile post 214 to 227 and specifically includes property of Cosmo J.
Zizzi, Sr. and Refugio T. Zizzi, husband and wife, Right of Way No. 3208-C, a partial
take;
BE IT FURTHER RESOLVED that the property necessary for the required
right-of-way for the total roadway reconstruction of mile post 214 to 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.
E1ZRI8I
Exhibit "A"
1-877-736-6727
paturnpike.4:om
CERTIFICA nON
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 Minut the Meeting of the Pennsylvania Turnpike
Commission, held on the .lJL. day of , 2006, in Highspire, Pennsylvania, at
which a quorum was present, and that s it r olution was unanimously adopted.
WI~my hand and the Official Seal of said Commission this .M...... day of
'lUf A.D. 2006.
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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 MIDDLESEX, CUMBERLAND
COUNTY,CO~ONWEALTHOF
PENNNSYL V ANIA, FOR THE
TOTAL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RECONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(APARTOFPARCELIDNO, 21-18-1363-062) :
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES:
COSMO 1. ZIZZI, SR. and RUFUGIO T. ZIZZI
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; othelWise to be
and remain in full force and effect.
Exhibit "Coo
Sealed with the official seal of the said Commission and dated this j/llLJay of
/'ntt1J
ouise Edmunds
Assistant Secretary-Treasurer
,2006,
PENNSYLVANIA TURNPIKE COMMISSION
BY~ ~
Mitchell RublI1
Chairman
Exhibit "C"
, .
COMMONWEALTH OF' PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
Joseph G. Brimmeier, being duly sworn according to law,
deposes and says that he is the Chief Executive Officer of the
Pennsylvania Turnpike COIIDIIission 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.
~
Joseph G. Brimmeier
Sworn to and subscribed before
me this ,J/J'fJ day of
-J;1"1~ ' 2006.
~~:f~
MY COMMISSION EXPIRES:
:rH OF !'ENN n\1ANlA
No1Iufa/ Seal
~!Illnger, Nola1y Public
MyComml88ion ~~Iri Countv
Member: Apr, 26, 2d07
. ~ ~ 0/ NoIa1foo
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PTClZIZZlIS1'IPULATlON POR AMP DOT
NO, 04-6354
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX,
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA,
FOR THE TOTAL RECONSTRUCTION OF
PENNSYL VANIA TURNPIKE FROM MILE
POST 214 to 227, INCLUDING
RECONFIGURATlON OF INTERCHANGE
226, THE CARLISLE INTERCHANGE (A
PART OF PARCEL ID NO, 21-18-1363-062)
CIVIL ACTION
No, 04-6354
STIPULATION FOR FILING AMENDED
DECLARATION OF TAKING
FILED ON BEHALF OF: Pennsylvania
Turnpike Commission
CONDEMNEES:
COUNSEL OF RECORD FOR THIS PARTY:
COSMO J, ZIZZI, SRAND REFUGIO T,
ZIZZI
William p, Bresnahan, Esquire
Pa,l.D, No, 00119
David L. Nixon, Esquire
Pa,l.D, No, 10707
William p, Bresnahan, II, Esquire
Pa, I.D, No, 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P,C.
2901 Grant Building
310 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Firm ID No. 628
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PTClZlZZl/STll'ULATlON FOR AM[) 00.
r
NO, 04-6354
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL V ANlA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX,
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA,
FOR THE TOTAL RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 to 227, INCLUDING
RECONFIGURATION OF INTERCHANGE
226, THE CARLISLE INTERCHANGE (A
PART OF PARCEL II? NO, 21-18-1363-062)
CIVIL ACTION
No, 04-6354
CONDEMNEES:
,
COSMO J, Z1ZZI, SR. and REFUGIO T. ZIZZI
STIPULATION FOR FlUNG
AMENDEDDECLARATIONOFTMaNG
~ ()~ day Of~ 2006, it is hereby stipulated and agreed by and
AND NOW, this
between the Pennsylvania Turnpike Commission, Defendant-Condemnor, and Cosmo J, Zizzi, Sr, and
Refugio T, Zizzi, Plaintiffs-Condemnees, that the Pennsylvania Turnpike Commission is hereby authorized
to file an Amended Declaration of Taking, to be effective as of December 17, 2004, so as to amend the
Declaration of Taking to amend the language of the substitute easement for the Pennsylvania Power and Light
Company to prohibit the use of the surface of the substitute easement by Condemnees for: (a) the construction
of any house, bam or other structure; and (b) the storage of inflammable or explosive materials of any kind,
PENNSYL V ANlA TuRNPIKE COMMISSION
BY
~~' ?VF'4,~
William p, Bresnahan, Esquire
David 1. Nixon, Esquire
William, Bresnahan, II, Esquire
Hollinshead, Mendelson, Bresnahan &
Nixon, P,C.
2901 Grant Building, 310 Grant Street
Pittsburgh, PA 15219
COSMO J, ZIZZI, SR, and REFUGIO T. ZIZZI
B
s A, ein, Esquire
ark S, Silver, Esquire
Joseph A. Klein, P,C.
500 North Third Street, 7fr1 Floor
Harrisburg, P A 17112-1152
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NO, 04-6354
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX,
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA,
FOR THE TOTAL RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM MILE
POST 214 to 227, INCLUDING
RECONFIGURATION OF INTERCHANGE
226, THE CARLISLE INTERCHANGE (A
PART OF PARCEL ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO J, ZIZZI, SR. AND REFUGlO T,
ZIZZI
CNIL ACTION
No. 04-6354
STIPULATION OF SETTLEMENT
FILED ON BEHALF OF: Pennsylvania
Turnpike Commission
COUNSEL OF RECORD FOR THIS PARTY:
William p, Bresnahan, Esquire
Pa, I.D, No, 00119
David L. Nixon, Esquire
Pa, I.D, No, 10707
William p, Bresnahan, II, Esquire
Pa, I.D, No, 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, p,c.
2901 Grant Building
310 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Firm ID No, 628
~
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PTCllZtzZlIllTlI' SETTLEMENT
NO, 04-6354
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX,
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA,
FOR THE TOTAL RECONSTRUCTION OF
PENNSYLVANIA TIJRNPIKE FROM MILE
POST 214 to 227, INCLUDING
RECONFIGURATION OF INTERCHANGE
226, THE CARLISLE INTERCHANGE (A
PART OF PARCEL ID NO, 21-18-1363-062)
CIVIL ACTION
No, 04-6354
CONDEMNEES:
COSMO J, ZIZZI, SR. and REFUGIO T, ZIZZI
;
AND NOW, tbis
STIPULATION OF SETTLEMENT
1\::' -::r.;e
3.~ day of", 2006, it is hereby stipulated and agreed by and
between the Pennsylvania Turnpike Commission, Defendant-Condemnor, and Cosmo J, Zizzi, Sr, and
Refugio T, Zizzi, Plaintiffs-Condemnees, that the within condemnation proceedings are hereby settled,
discontinued and satisfied in the amount of Six HunclredFifteen Thousand Dollars ($615,000.00), which sum
is accepted by the said Plaintiffs-Condemnees in full settlement of all damages payable under the Eminent
Domain Code,
The Defendant-Condemnor also agrees that it will use its best efforts to have Pennsylvania Power and
Light Company confirm in writing to Plaintiffs-Condemnees that Plaintiffs-Condemnees may use the
substitute easement forthe storage and sale oftheir outdoor storage sheds in the same manner that Plaintiffs-
Condemnees have been using the existing Pennsylvania Power and Light Company easement for the storage
and sale of their outdoor storage sheds.
It is further stipulated and agreed:
a, That the Attorneys for the Plaintiffs-Condemnees shall produce releases for or satisfy of record
liens for all taxes and municipal claims assessed against, and all mortgages, judgments or other
liens of record against the subject property as of the date of condemnation,
1
.. " ",..,. I'TC4!ZIZZIISTlP SEITLEMENT
. .'
NO, 04-6354
b, That upon delivery of the Defendant-Condemnor's check for final payment hereunder, the
Plaintiffs-Condemnees shall cause fbe docket offbese proceedings to be marked "satisfied",
c, That the Plaintiffs-Condemnees represent fbat no other parties have an interest in fbese
damages by virtue of a lease, easement, security agreement or for any ofber reason and fbat if
...
any party shall assert a claim against fbese funds, or present a claim for damages attributable
to an interest in the subject property and shall receive a final award fberefor in such party's
favor against fbe Pennsylvania Turnpike Commission from a Board of Viewers or Court of
record, then fbe Plaintiffs-Condemnees agree to indemnify and save harmless fbe Pennsylvania
Turnpike Commission from such award and agrees to pay fbe Pennsylvania Turnpike
Commission the amount thereoftogefber wifb costs and reasonable attorneys fees,
WITNESS:
---
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DATE
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BY
Io ep , Klein, Esquire
k S, Silver, Esquire
Attorneys for Plaintiffs-Condemnees
~~, ?vP~/
William P. Bresnahan, Esquire
David L. Nixon, Esquire
William P. Bresnahan, II, Esquire
Attorneys for Defendant-Condemnor
DATE
7, 5'1)6
BY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO J. ZIZZI, SR. AND REFUGIO T,
ZIZZI
CIVIL ACTION
No, 04-6354
WITHDRAWAL OF PRELIMINARY
OBJECTIONS
IN REM
EMINENT DOMAIN
FILED ON BEHALF OF:
Cosmo J, Zizzi, Sr, and Refugio T. Zizzi
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Klein, Esquire
1.D, No, 07082
Mark S, Silver, Esquire
1.D, No, 09825
Joseph A. Klein, P,C,
550 North Third Street
7th Floor
Harrisburg, P A 17112-1152
(717) 233-0132
/'
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,...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO 1. Z12ZI, SR. AND REFUGIO T,
ZIZZI
CIVIL ACTION
No, 04.6354
WITHDRAWAL OF PRELIMINARY OBJECTIONS
AND NOW COME the Condemnees, COSMO J, Z12ZI, SR, AND REFUGIO T. ZIZZI, by
their attorneys Joseph A, Klein, Esquire, and Mark S, Silver, Esquire, and hereby Withdraw the
Preliminary Objections to the Declaration of Taking filed in the above-mentioned case,
eX--
eph A. Klein, Esquire
l~~_~
Mark S, Silver,~quire
Attorneys for Condemnees
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PTCfZl2ZJJAPP SEl.VlCE AMD DOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
PENNSYL VANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLV~FORTHETOTAL
RECONSTRUCTION OF
PENNSYL VANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO, 21-18-1363-062)
CONDEMNEES:
COSMO J. ZIZZI, SR. AND REFUGIO T,
ZIZZI
CIVIL ACTION
No, 04-6354
AFFIDAVIT OF SERVICE
FILED ON BEHALF OF: Pennsylvania
Turnpike Commission
COUNSEL OF RECORD FOR THIS
PARTY:
William P. Bresnahan, Esquire
Pa. LD. No, 00119
David L. Nixon, Esquire
Pa, LD, No. 10707
William P. Bresnahan, II, Esquire
Pa. LD. No, 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P,c.
2901 Grant Building
310 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Firm ID No, 628
PTCt'ZIZZ1IAI'P S!IVJCE AMD DOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
)
)
)
)
)
)
)
)
)
)
)
)
IN RE: CONDEMNATION BY THE
PENNSYL V ANlA TURNPIKE COMMISSION OF
PROPERTY LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA, FOR
THE TOTAL RECONSTRUCTION OF
PENNSYL VANIA TURNPIKE FROM MILE POST
214 to 227, INCLUDING RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL ID NO,
21-18-1363-062)
CONDEMNEES:
No, 04-6354 CML TERM
COSMO], ZIZZI, SR. and REFUGIO T, ZIZZI
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
BEFORE ME, the undersigned authority, personally appeared WILLIAM p, BRESNAHAN, who being duly
sworn according to la~, states that on July II, 2006, he caused to be mailed by frrst class, certified mail, return receipt
requested, to Cosmo 1. Zizzi, Sr, and Refugio T, Zizzi, a copy of the NOTICE TO CONDEMNEES OF FILING OF
AMENDED DECLAHA TION OF TAKING, a copy of which is attached hereto as Exhibit "A". Also attached hereto
and made a part hereof as Exhibit "Boo is a copy of the return receipt card, evidencing that Cosmo 1. Zizzi, Sr. and
Refugio T. Zizzi acknowledged receipt of said NOTICE TO CONDEMNEES OF FILING OF DECLARATION OF
TAKING on July 14, t006,
Dated: r - if -0 (,
,2006
Sworn to and subscribed before me this
~ day of (j (I ~AJ"" f. ,2006.
tJ~'lrlL~~~~
MY COMMISSION EXPIRES:
HOLLINSHEAD, MENDELSON,
BRE~NlXON'P,C'
BY 7. ?<?~,<- -L-
I _
William P. Bresnahan, Esquire
William p, Bresnahan, II, Esquire
290 I Grant Building
Pittsburgh, PA 15219
(412) 3557070
Attorneys for the Pennsylvania
Turnpike Commission
NolariBI SIIlII NlIC
EIzIIleIh J, BarI<eI',.-y 0lIII1IY
ClIyOl~'~__
My Cor\'I11&8iOl1 Expires AUfl. --
tMrN*,Ptnr&1..~
P'rcoflZIZZIINOTiCE TO COND AMI) OOT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKE
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSHIP OF
MIDDLESEX, CUMBERLAND
COUNTY, COMMONWEALTH OF
PENNSYLVANIA, FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ill NO, 21-18-1363-062)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No, 04-6354
i
CONDEMNEES: COSMO J. ZIZZI, SR. and REFUGIO T, ZIZZI
NOTICE TO CONDEMNEES
TO: Cosmo J, Zizzi, Sr. and Refugio T, Zizzi
1448 Holly, Pike
Carlisle, P A 17011
<
You are hereby NOTIFIED that an Amended 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 July 5, 2006, 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 Amended Declaration of Taking, you are
EXHIBIT A
PTOUZIZZlIWOTlCS TO COND AMP DOT
required to file preliminary objections within thirty (30) days after'having been served with this
NOTICE,
PENNSYL VANIA TURNPIKE COMMISSION
.,
BY 1/~ ::?-.k~~/~
William p, Bresnahan, Esquire
David L. Nixon, Esquire
William, Bresnahan, II, Esquire
Hollinshead, Mendelson, Bresnahan &
Nixon, P,C,
2901 Grant Building, 310 Grant Street
Pittsburgh, PA 15219
DATE 1-Jl-tJ?
. .P'TC:fIZIZZVAlClNDlDDOr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: CONDEMNATION BY THE
PENNSYLVANIA TURNPIKB
COMMISSION OF PROPERTY
LOCATED IN THE TOWNSIUP OF
MIDDLESEX, CUMBERLAND COUNTY,
COMMONWEALTH OF
PBNNSYLV ANIA. FOR THE TOTAL
RECONSTRUCTION OF
PENNSYLVANIA TURNPIKBFROM
MILE POST 214 to 227, INCLUDING
RECONFIGURATION OF
INTERCHANGE 226, THE CARLISLE
INTERCHANGE (A PART OF PARCEL
ID NO, 21-18-1363-062)
,
CONDEMNEES:
COSMO J. ZIZZI, SR. AND REFUGIO T.
ZIZZI
CIVIL ACTION
No. 04-6354
AMENDED DECLARATION OF
TAKING
FILED ON BEHALF OF: Pennsylvania
Turnpike Commission
COUNSEL OF RECORD FOR THIS
PARTY:
William p, Bresnahsn, Esquire
Pa. 1.0, No. 00119
David L, Nixon, Esquire
Pa. ID, No. 10707
William P. Bresnahan, II, Esquire
Pa. 1.0. No. 85543
HOLLINSHEAD, MENDELSON,
BRESNAHAN & NIXON, P,C.
2901 Grant Building
310 Grant Street
Pittsburgh, PA 15219
(412) 355-7070
Finn ID No. 628
I ,P1'rNZI2ZV.aIIlNDIDDQf
IN THE COURT OF COMMON PLEAS OF CUMal!Iu.AND COUNTY, PENNSYLVANIA
CIVIL ACl'ION
IN RE: CONDEMNATION BY THE )
PENNSYLVANIA TlJRNPIKE COMMISSION )
OF PROPERTY LOCATED IN THE )
TOWNSHIP OF MIDDLESEX, )
CUMBERLAND COUNTY, )
COMMONWEALTH OF PENNSYLVANIA, ) No. 04-6354 CIVIL TERM
FOR THE TOTAL RECONSTRUCTION OF )
PENNSYLVANIA TlJRNPIKE FROM MILE )
POST 214 to 227, INCLUDING )
RECONFJGURATION OF INTERCHANGE )
226, THE CARLISLE INTERCHANGE (A )
PART OF PARCEL II? NO. 21-18-1363-062) )
,
CONDBMNEES: ' ~OSMO J. ZJZZI, SR. and REFUGIO T. ZJZZI
AMENDED DEer .ARA'rION OF 'rAKING
The pennsylvaDia Turnpike Commission tiles this Amended Declaration of Taking as provided for
in Article N, Section 402 of Act No. 6, Special Sessions, P,L. 84, datedJune22.1964.andasamended,1969,
December S. P.L. 316, ~1, 26 P.S, ~1-402 (1988) and respectfully declares the following:
I, The Coildemnor is the Pennsylvania Turnpike Commission, an instrumentality of the
Commonwealth ofPeuDsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system
located in Lower Swatilra Township, Dauphin County, Pennsylvania, Its post office address is P.O, Box
67676, Harrisburg, Pennsylvania, 171 06-7676.
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 p~erty deemed necessary or convenient for the construction or efficient operation of
the Turnpike,
,
3. On December 17. 2004, Condemnor filed a Declaration of Taking in an action to condemn
property situate in the Township of Middlesex. Cumberland County and consisting of2.286 acres in fee for
1
,. t:"~DOT
tequircd right-of-way for Iin1ited access, and 0.879 ~ as easement for a tequired substitute easement for
the PllIIll8ylvania Power and Light Company, a partial take.
4. Since the filing of the Declaration ofTa1cing, Condemnor and Condemnees have agreed that
the language of the Declaration of Taking needs to be clarified in its description of the substitute casement
forthe Pcnnsylvania Power and Light Company and thepcrmitted future use of the surface of the land located
on the substitute casement IUlder the overhead electrical lines.
S, Pursuant to a Stipulation to Amend Decllll'lltion of Taking entered into between Condemnor
and Condemnecs, Condemnor was granted permission to file an Amended Declaration of Taking, to be
effective as of December 17, 2004, so as to amend the Declaration of Taking to clarify in its description of
the subatitu1e casement: for Pennsylvania Power and Light Company the permitted future uses of the surface
of the land located on Said substitute easement.
6. This Antended Declaration ofTating was authorized by a RtllOlution adopted May 10, 2006,
by said Condemnor. A copy of said Resolution is attached hereto and made a part hereofas Exhibit "A ". The
record thenofmaybeexamined at the Pennsylvania Turnpike Commission's central office at Exit 247 of the
Pennsylvania Turnpike.
7. The pwpose of the condemnation is to acquire property interest for the Total Reconstruction
ofthePe.uusylvania l'uinpike for mile post 214 to 227, which includes therecontigurationof'Interohange 226,
the Carlisle Interchange, and its tequiranents.
8. The pmperty condemned is situate in the Township of Middlesex, Cumberland County and
consists of2.286 acres in fee for req~ right-of-way for limited access, and 0,879 ~ as easement for
required substitute easement for the Pennsylvania Power and Light Company, a partial take. A plan of the
,
property condemned sUfficient for its identification, is set forth in Exhibit "D". attached hereto and made a
part hereof, Plans showing the property condel1l"ed are on the same day as this Declaration is being file with
2
" .
.. ,Pm6'ZIZWANDIlBDOT
the Prothonotary, being tiled with the Office of the Rccotder ofDeeda of Cumberland County in aceordanee
with Section 404 of the Eminent Domain Code.
9, The nature of the title hereby condemned for the 2.286 acres for required right-of-way for
limited access is fee siJi1ple absolute.
10, The natUre of the title hereby condemned for the 0,879 acre for required substitute easement
for the Pennsylvania Power and Light Company is: (i) an easement in the surface, subsurface and air rights
,
sufficient for Pennsylvlmia Power and Light Company to construct, maintain, repair, operate aDd remove
overhead transmission and/or distribution electric linea, together with the neceasarypolea, anchors, guy wires
and other apparatus, in connection therewith; and, (ii) the prohibition ofCondcmmees' right to use the surface
of the substitute easement for (a) the construction of any house, bam or other structure thereoni and, (b) the
storage of inflammable or explosive materials of any kind thereon,
II. A plan Showing the condemned property may be inspected at the offices SAl Consulting
Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA during regular business hours.
12. The Condemnor files with this Declaration of Taking its Open End Bond without surety
pursuant to Section 403(a) of the Eminent Domain Code of 1964. Just compensation is made or secured by
the filing of said Bond,' attached hereto and made a part hereof as Exhibit "C".
DATE
s-h" ~Jo-6
PENNSYLVANIA TURNPIKE COMMISSION
BY e' ?;~~I.I-~
illiam P. B~Ah!lJ1, Esquire
David L. Nixon, &quire
William, Bresnahan, n, Esquire
Hollinshead, Mendelson, Bremahan &
Nixon, P.C,
2901 Grant Building, 310 Grant Street
Pittsburgh, PA 15219
3
Our M1JoIoa:
.
Pennsylvania Thmpike Commission
.....~ PInt 8""""'"""
1b~
and manage
. ..re, teliable,
coot efl'ective
and valued
toll road
sy>tem,
Rt.l;OJ,m'lON
AUlB01UZING TBJ: ACQUJSITION OF TBJ: REQUIRED PROPERTY FOR
RlGHToOF-WAYBYPURCllASE fOR THE
TOTAL RECONSTllUCOON OF
MILE POST 214 to 227
WHEREAS, ill order to f'adlitate veIlkuIar tnfIk withia IIld llU'OII the
CoJllllloawealth, the Peauylv..... Tul'llpike Colllllliuioll II audaorized ad
-.,n.ered to COIIItI'lIct, operate IlIld mahnaiD the Turapike, wWda project Oft
before tile COJlUll.... COP" 01 tile total roadway reeOBltnlttioD 01... poet 214 to
227 IlIld ~Qy iIldudea property 01 Camo J. 7Jzzi, Sr. aad RefUaio T. Zizzl,
....baud lUId wile, RIpt of Way No. 3208-C, a parUaI take;
WHEREAS. the PemuyInJda Department 01 TnIupottatieu II required by
Ad of Allembly No. 211, P. L 774 dated May 21, 1937 (36 P.s. f 652&) .. am.ded,
.... approved tile loeatioa 01 tile total roadway reecIIUtnJetioa 01 mile polIt 214 to 217;
N01V
'l1IEREFORE,
;
'J
BE IT RESOLVED by tile PeulylvaDia Tunpilre Co.....~ ud it II
hereIIy resolved by authority of tile ...e, that tile aeq1lidtioD 01 required property by
pareIwe or. ........-tiQn aceordq to "11' i. authorized lor tIlis tile total roadway
reaaltractioll 01 mile putt 214 to 227 ad IpedIkdy iDdlld. property of COIIIIO J.
ZIzzj, Sr. ad Reta.po T. ZbzI, "_band aDd wile, RiaIlt olWay No. 3201-C, . partial
tOe;
BE IT FVR1BER RESOLVED that tile property .eee...., for tile req1Iirecl
......t-okay for tile total roalhvay l'eCOIUtI'IIedOll 01 adIe poet 214 to 227 IbaD be
acquired by the p_.,lYllDia TunpDr.e ComminIcm by purdwe or eoadamlltioll
UDder tile provilioD of the Acta 01 AueIIIblr, in lee .lmple or suc:I1leaer eItate .. the
COlli...... sUD determine Dee....,. therefore.
,.......
Exhibit "A"
1..a7'7-'73606'727
pat1ll'1lplke.com
CJ:RJD'I~TlO!!
It ANN LOUISE EDMUNDS, Aailtut Sec:retary-Treuurer or die
Pemuylvllllia Turnpike CommillsioD, do hereby certify die roreaeiDI to be I tnIe IDd
eorreet copy or an Rc:erpt oldie MhI~e MeedDI or die Peauylvlllia Tul'llplre
CommiuioD, held 08 dle.!JL day or 2006, ill BJabapire, Pealllylvuia, at
whlc:h I quol'lllll WII preseut, aad that lutioa wu \lllaDimouaIy adopted.
~~!DY. band and die OftIc:laI Seal or laid Commiuioa thiI L day or
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IN THE COURT OF' COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY TIm
PENNSYLVANIA TURNPIKE COMMISSION
OF PROPERTY LOCATED IN THE
TOWNSHIP OF MIDDLESEX, CUMBERLAND :
COUNTY, COMMONWBAL1H OF
PENNNSYLV ANIA, FOR nm
TOTAL RECONSTRUCTION OF THE
PENNSYLVANIA TURNPIKE FROM
MILE POST 214 TO 227, INCLUDING
RBCONFIGURATION OF INTERCHANGE 226, :
THE CARLISLE INTERCHANGE
(APART OF PARCBL IDNO, 21-18-1363-062) :
NO,
IN REM
EMINENT DOMAIN
)
CONDEMNEES: COSMO J, ZlZZl, Sll. and RUFUGIO T, ZIZZI
BOND
KNOW ALL MEN BY nmSE PRESENTS that the Pennsylvania Turnpike
Commission, an instrumentality of the Commonwealth of Pennsylvania, is held fllll1ly
bound to the Commonwealth of Pennsylvania fur the use and benefit of the owner or
owners of the property interests which have been condemned by the Deelamion of
Taking ftled in the above-named Court 81 the above term and number and pay 9UCh
damages III 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,
Exhibit "C"
Sealed with the official seal of the said Commission and dated this ;~ay of
~ ,2006,
PENNSYLVANIA TURNPIKE COMMISSION
By:4W ~
Mitchell Rubin
Chairman
Exhibit "e"
. .
C<II"-).....AL'l'B OV' PBIIRSY.LVARJ:A
.
.
SS.
COUll'! f OV IWmlDt
Jo.eph G. Br4--tar, beiDg ctuly IhfOrD accoZ'lUslg to law_
depo... &Il4 AY8 that he ia the Ch:l..f BxeaIlt:l.ve Officu ot the
l'eauyl vu:l.a '1"uzDp:l.It:. ('0 4..:1.011. &Il4 -",... tIU.. Aft:l.dav:l. t OD. :I. ta
!)ehal f _ be:l.zlO fam:l.l:I.ar w:l. t:h t!te tact. &Il4 bav:l.lIQ' author:l. ty 80 to
do, &Il4 that all t!te .tat.....,t. :l.n the tOX'egC):I.zIO J:leclarat:l.OD. of
Tak:l.lIQ' ara true &Il4 correct to the but of M. :l.nfo~t:I.=,
II:Dowladge &Il4 bel:l.ef.
~_..
~
Br:L-.:I._
Sworn to &Il4 .ub.cribe4 betora
- thi. ',JIJLI day of
-J?1A~ ' 2006.
~~:I.~~
MY <X*USSIOK BX1'IDS I
~ ~...
Mr~';;4.~~~NlIo
........ .~
I PII. ,,-.~.. Jt. OI"'*IIIii
. ClolnpIeJlt It8m8 1, 2,lII1d 3. AIIo conQllele
1l8III411 ReebICl8d DeIMlty Is deIIntd.
. Pr1nt your neme lII1d addI888 on the nl\I8Ille
SO that we can retum the card to you,
. Attach \his card to the b8ck of the meJlplece,
or on the front 1181*8 permllB.
1. ArticIeAddr8ued to: -'.'
Cosmo J. Zizzi, Sr.
Refugio T. Zizzi
1448 Holly Pike
Carlisle, PA 17011
CINe
a,_~
~ MIll C I!lcpMa MIll
CIllog" od CI-..RoooIptfor__
CI_ _ CI C.o.o,
4. RwLIi;h,d DeIIwry'I /&In! FH) CI Yoo
2.__
(I/fdforflom_1IIbeI)
PS Form 3811. February 2004
7005 18200002 0541 0304
~c Return Receipt ,.......,.....,...
EXHiBIT 6
PTC4IZIZZIIAFP SERVICE AMP OOT
. .
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing AFFIDAVIT OF
SERVICE was mailed this t/1Jv day of (jJ~ 2006, via U,S. First
Class Mail, to the following:
Joseph A. Klein, Esquire
Mark S, Silver, Esquire
Joseph A. Klein, P,C.
550 North Third Street
7th Floor
Flanisburg,Pi\17112-1152
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